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WESTERN ILLINOIS UNIVERSITY LIBRARY
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PUIYATE LAlS-1853.
PRIVATE LAWS
THE STATE OF ILLINOIS,
PASSED AT
THE FIRST SESSION
EIGHTEENTH GENERAL ASSEMBLY
BEGUN AND HELD AT THE CITY OF SPRINGFIELD,
JANUARY 7, 1853.
SPRINGFIELD:
LANPHIER & WALKER, PRINTERS.
[ A ] 1853.
PEIYATE LAWS
AN ACT to incorporate the Petersburjr and Sprinirfield Railroad Company. lu force
Section 1. Be if enacted by the penjjle of the state of
Illiii'jh, reprcHentedinthe General ./Issemhly, That Samuel
Hill, Jolin Bennett, Asa D. Wright, Israel Campbell, ('.rpo-atoi
George U. jMiles, John W. Warnsing, Jacob H. Lanning,
Virgil Hickox, John Williams, Alexander Stewart, E. L.
Grubb, John S. Wilbourn, G. N. Walker, William Phelps
and Samuel Webster, and their associates, successors and
assigns, are hereby created a body politic and corporate,
under the name and style of " The Petersburg and Spring- siyic.
field Railroad Company," for the term of fifty years, and by
that name be and they are hereby made capable in law and in General p.
equity to sue and be sued, plead and be impleaded, defend
and be defended in any court of law and equity in this state
or elsewhere ; to make, have and use a common seal, and
tlie same to renew and alter at pleasure ; and shall be and
are liereby vested with all powers, privilege.^ and immuni-
ties which are ormay be necessary to carry into eflect the
purposes and objects of this act, as hereinafter set forth ; and
the said company are hereby authorized and empowered to
locate, construct and finally to complete a railroad from
the town of Petersburg, in Menard county, to the city ofj,^^,^
Springfield, in Sangamon county ; and for such purpose the
said company are authorized, upon such route as they may
select, to lay out their said railroad wide enough for a sin-
gle or double track through the whole length — the width of
said road to be determined by said corporation ; and for
the purpose of cuttings, em])ankments, stone and gravel,
may take as much more land as may be necessary for the
proper construction of said railroad.
§ 2. The capital stock of said company shall consist ofcapitnisto
one hundred thousand dollars, which may be increased to
five hundred thousand dollars, to be divided into siiares of
one hundred dollars each. The immediate government and
direction of said company shall be vested in five directors, Directors.
1853. 4
Avho shall be chosen by the stockholders of said company
in the manner hereinafter provided, who shall hold their
office for one year after their election, and until others shall
be duly elected and qualified to take their places as direc-
tors ; and the said directors, a majority of whom shall con-
stitute a quorum for the transaction of business, shall elect
piesuier.t. Q,-,e of tlieir number to be the president of the company. The
said board of directors shall have power to appoint all ne-
otber officers, ccssary clcrks, secretary and other officers necessary for
the transaction of the business of said corporation.
«;„,.^.pj. § 3. The said corporation is hereby authorized, by tlieir
agents, surveyors and engineers, to cause such examina-
tion and surveys to be made of the ground and country be-
tween said town of Petersburg and city of Springfield as
shall be necessary to determine the most advantageous
Kiahtofway. route for the proper line or course whereon to construct
their said railroad ; and it shall be lawful for said company
to enter upon and take possession of and use all such lands
and real estate as may be necessary for the construction
Proviso.. and maintenance of their said railroad : Provided, that all
lands or real estate entered upon and taken possession of
and used by said corporation for the purposes and accom-
modations of said railroad, or upon which the site for said
railroad shall have been located and determined by the said
corporation, shall be paid for by said company in damages,
if any be sustained by the owner or owners thereof, by the
use of the same lor the purpose of said railroad ; and all
lands entered upon and taken for the use of said corpora-
tion, which are not donated to said company, shall be paid
for by said corporation at such price as may be mutually
agreed upon by the said corporation and the owner or own-
ers of such land ; and in case of disagreement the price
shall be estimated, fixed and recovered '\$\ the manner pro-
vided for by the laws of the state concerning the right of
way for roads, canals or other public works.
pfnaui.s. § ^- If any person shall wilfully, maliciously or wan-
tonly, and contrary to law, obstruct the passage of any
car on said railroad, or any part thereof, or any thing be-
longing thereto, or sliall damage, break or destroy any
part of the said railroad or implements or buildings, he,
she or they, or any person assisting, sliall forfeit and pay
to said company for any such offence treble the amount of
damages that shall be proved before any competent court
to have been sustained, and be sued for in the name and
behalf of said company ; and such offender or offenders
shall be deemed gniity of a misdemeanor, and shall be lia-
ble to an indictment in the same manner as other indict-
ments are found in any county or counties wliere such of-
fence shall have been committed ; and upon conviction any
such offender shall be liable to a fine not exceeding five
5 1853.
thousand dollars, for the use of the county wliere such in-
dictment may be found.
§ 5. The time of liolding the annual meeting of said Ammimtrn,,:,-?
company for the election of directors shall be fixed and de-
teriained by the by-laws of said company; and at all meet-
ings each stockholder sliall be entitled to vote in person or
by lawful proxy one vote for eacli share of the stock he,
she or tliey may iiold buna fide \n said company.
§ 6. The persons named in the first section of this actt'.^;ur.ii<si..i:i.r?.
are hereby appointed commissioners, wiio, or a majority of
wiiom, are hereby authorized to open subscription books
for said stock, at such places as they may deem proper,
and sliall give at least tv/enty days' notice of the time and
place when and where such books shall be opened, in some
newspaper printed in Sjiringfield, and shall keep the said
books open until tiie whole of said capital stock shall be ta-
ken. Said commissioners shall require each subscriber to •
pay five dollars "on each share subscribed at the time of
subscribing. The said commissioners shall call a meeting ^_.,,^.j,...^..^,_
of the stockholders by giving twenty days' notice in some
newspaper piiuted either in the county of Sangamon or
Menard ; and at such meeting it shall be lawful to elect the
directors of said company; and when the directors of said
company are chosen the said commissioners shall deliver
said subscription books, with all sums of money received
by them as commissioners, to said directors. No person
shall be a director in said company unless he shall own at
least five shares of the capital stock.
§ 7. That the right of way, and tiie real estate purchased Prcpiity.
for the riglit of way by said company, v/hether by mutual
agreement or otherwise, or wliich shall become the pro-
perty of the compan}^ by operation of law", as in this act
provided, shall, u})on the payment of the amount of money
beloncring to the owner or owners of said lands, as a com-
pensation for the same, become the property of said com-
pany in fee simple.
§ 8. The said corporation may take and transport upon Tra-asponatio'i.
said railroad any person or persons, merchandise or other
property, by the Ibrce and power of steam or animals, or
any combination of them, and may fix, establish, take and
receive such rates of toll for all passengers and property
transported upon the same as the said directors shall from
time to time establish; and the directors are hereby au-
thorized and empowered to make all necessary rules, by-
laws, regulations and ordinances that they may deem ne-
cessary and expedient to accomplish the designs and pur-
poses, and to carry into effect the provisions of this act,
and for the transfer and assignment of its stock, which is
hereby declared personal property and transferable in such
1853. 6
manner as shall be provided by the by-laws and ordinances
of said corporation.
I'.wir oi dircc- § 9. The directors of said company, after the same is
i.,rs. organized, shall have power to open books in the manner
prescribed in tlie sixth section of this act, to fill up the ad-
it.rrpaspcf stock, ditional four liundred thousand dollars of stock, or any part
thereof, at such times as they may deem it for the interest
of said company ; and all the instalments required to be
paid on the stock originally to be taken, and what may be
taken to increase said capital, shall be paid at such times
and in such sums as said directors may prescribe.
vacauciM. § 10. In case of tlie death, resignation or removal of t he
president, vice president or any director at any lime be-
tween the annual elections, such vacancy may be filled for
the remainder of the 5"ear in which they may ha])pen by the
board of directors ; and in case of absence of the ])resident
and vice president the board of directors shall have ])Ower
to appoint a jyresident pro tempore, who shall have and ex-
ercise such powers and functions as the by-laws of said
corporation may provide. In case it should at any time
!iap[)en that an election shall not be made on any day in
which in pursuance of this act it ought to be made, the said
cor[)oration sliall not for that cause be dissolved, but such
election shall be lield at any other time directed by the by-
laws of said cor])oration.
i.an.isof persons §11- That whcu the lauds of any fe?nme covert, persons
non compos,s,-c. ^^^^q^ age, uon compos mentis, or out of the state, shall be
taken in the construction of said railroad, as is provided by
this act, the said corporation shall pay the amount that shall
be awarded as due to the said last mentioned owners respec-
tively, whenever the same shall be lawfully demanded, to-
gether with six per cent, per annum. That to ascertain the
amount to be paid to the persons named in tliis section for
lands taken for the use of said corporation it shall be the duty
of the governor of this state, upon notice given to him by
;'„i»missionors. tlic Said coi'poratiou, to apj)oint three commissioners, to be
})ersons not interested in the matter to be determined by
them, to assess and determine the damages which the own-
er or owners of the land or real estate so entered upon by
t!ie said cor[)oration, lias or hav(^ sustained by the occupa-
tion of the same; and it sliall be the duty of raid commis-
sioners, or a majority of them, to deliver to said corpora-
tion a written statement of the award or awards they shall
make, with a description of the land or real estate apprais-
ed, to be recorded by the said corj)oration in the circuit
clerk's office of the county in which the land or real estate
so appraised shall be, and then the said corporation sliall
be deemed to be seized and possessed of the fee simple of
all such lands or real estate as shall have been appraised
by the said commissioners.
7 1853.
§ 12. That previous to any application being made to Notice,
the governor for the appointment of commissioners, as pro-
vided in section eleven of this act, it shall be the duty of
tlie company, by its agent or attorney, to give notice to
those interested in the land over which the said railroad
company desires to obtain the right of way, which notice
shall be in writing, specifying the time when such applica-
tion is to be made to the governor, and shall be served upon
the owners and those interested in said land by the com-
missioners of said company, or by any sheriff or constable of
the county in which such person or persons reside, in the
same way as service of process in chancery : Provided., said Proviso.
owners or tjjose interested are residents of the state of Illi-
nois, or in case said owners or those interested shall be non-
residents of the state of Illinois, then sucli notice may beru.j!;-atio:^.
given by publication in a newspaper published in the county
where said lands lie, or in case there is no newspaper pub-
lished in the county, then in the nearest newspaper publisli-
ed in the state. Said publication shall contain the names
of the parties interested in said lands, the description of the
lands, and the time when application is to be made to the
governor for the appointment of commissioners as afore-
said, and shall be made for four successive weeks, the first
of whicli shall be made at least thirty days before the ap-
plication is to be made.
§ 13. That whenever it shall be necessary for the con- intersections^
struction of said railroad to intersect or cross any water
course, or any road or highway lying between the points
aforesaid, it shall be lawful for the corporation to construct
their railroad across or upon the same : Providtd^ that the Proviso.
corporation shall restore the v/ater course, road or highwaj'
thus intersected to its former state, or in a sufficient manner
uot to have impaired its usefulness.
5 14. That it shall be lawful for the directors to re- Directors to re-
quire payment of the sums subscribed to the capital stock I'l"®?^^''^^"^'
at such times and m. such proportions and on such condi-
tions as they shall deem fit, under the penalty of the forfeit-
ure of all previous paym.ents thereon, and shall give notice^. ^^.^^
of the payments thus required, and of the place and time
when and where the same are to be made, at least ninety
days previous to the payment of the same, in some public
newspaper published in at least one of the counties tiirough
wliich said road may be constructed.
§ 15. For the purpose of facilitating the construction Power to borrow
of the railroad authorized by tiiis act the said corporation is '~''«°<'-''' *'"^-
and shall be permitted to negotiate a loan or loans of mo-
ney, to the amount of the capital stock, and to pledge all
of its property, real and personal, and all of its rights,
credits and franchises, for t!)e payment thereof.
1863. 8
.t of way. § 16. That nothing in this act contained shall be con-
strued to prevent said company from proceeding to acquire
the right of way for their said railroad under the act enti-
tled "An act to provide for a general system of railroad in-
corporations," approved November 6th, 1849, or any act
or acts passed, or which may be passed, amendatory or sup-
plemental thereto.
• o: ccm- § 17. The said company shall commence the construc-
iccment. ^iou of Said railroad within three years, and complete the
same within five years from the passage of this act.
§ 18. The said company hereby created be and are
hereby authorized to extend their said railroad from Peters-
burg, in Menard county, to Havana, in Mason county, by
the most eligible route ; and for the purposes of such ex-
tension said company are hereby declared to possess all the
powers and be subject to all the restrictions contained in
this act; and for the purposes of said extension said com-
incroase capita! p any are authorized to increase their capital stock to one
million of dollars, to be taken and subscribed for under the
same provisions and regulations as herein provided for the
increase of the capital stock of said company.
Furti.ci exten- § 1^. The Said Company hereby created be and are
*''"*• hereby authorized, in addition to the extension of their said
road provided for in section eighteen, to further extend
their said railroad from a point on the Illinois river, oppo-
site the town of Havana aforesaid, thence by the nearest
eligible route, by Lewistown, Cuba, Ellisville, St. Augus-
tine, in the county of Fulton, to the town of Berwick ;
thence to the city of Monmouth, in the county of Warren ;
and thence to the town of Keithsburg or New Boston, in
tile county of Mercer ; and for the purpose of the exten-
sion provided for in this section said company are hereby
declared to possess ail the powers and to be subject to all
the restrictions in this act ; and for the purpose of such ex-
incn-ase capital ^^"^^0" ^^^^ Company are authorized to increase their capi-
stoa. tal stock to two millions of dollars, to be taken and sub-
scribed for under the same provisions and regulations as
herein provided for the increase of the capital stock of said
company.
rnion with other § 20. It sluiU bc lawful for tlic company created by this
''"'"'*" act to unite with any other railroad company wiiich may
have been or hereafter shall be incorporated by this state,
under any law thereof, and to grant to any such company
the right to construct and nsc any portion of the road here-
by authorized to be constructed, upon such terms as may
be mutually agreed upon between the said companies.
Approved February 8, 1853.
1853.
AN ACT to incorporate the Chicago and Calumet Plank Railroad Company, in fon-t^ Feb. 12_.
Section 1. Beit enacled by the people nf the state of
Illinois, rejiresented in the General Assembly, 'i'hat all
such persons as shall hecome stockholders agreeable to '-'"'p^'''^''"'^^'
the provisions of the corporation hereby created, shall be,
and for the term of ninety years from and after the passage Dun'tio" of coi-
of this act shall continue to be, a body corporate and politic, '""'' '"°*
by the name of "The Chicago and Calumet Plank Railroad
Company;" and by that name shall have succession for the
term of years above specified; may sue and be sued, com- *^™*^'''"'''^^'^''^'''^*
plain and defend in an}^ court of law or equity ; may make
and use a common seal, and alter the same at pleasure;
may make by-laws, rules and regulations for the manage-
ment of property, regulation of its affairs, and for the trans-
fer of its stock, not inconsistent with the existing laws of
this state and the United States ; and may appoint such of-
ficers, agents and servants as the business of said company
may require, prescribe their duties and require bonds for
the faithful performance thereof.
§ 2. That J. W. Cochran, H. G. Loomis, Charles Clea-commissioncre.
ver, E. Peck, Henry Myers, Wm. B- Egan and James Car-
ney be and they are hereby appointed commissioners for the
purpose of procuring subscriptions to the capital stock of
said company, Avhose duty it shall be to open books for sub- To open books.
scription to the capital stock of said company, giving no-
tice of the time and place when and where said books
will be opened, at least thirty days previous thereto,
by publication in some newspaper in Chicago. The said
commissioners, or a majority of them, shall attend at the
place appointed for the opening of said books, and shall
continue to receive subscriptions, either personally orbyTo receive sui-
such agents as they shall appoint for that purpose, until ^'•'"p''°°'"
the sum of fifty thousand dollars shall have been subscri-
bed ; and as soon as said sum shall be subscribed the
said comniissioners shall give twenty days' notice, by publi-
cation in two weekly newspapers in Chicago, of an election
by said stockholders of aboard of directors, as hereinafter Directors,
provided, for the management of said company; at which
time and place so appointed ibr that purpose said commis-
sioners, or a majority of them, shall attend and act as in-
spectors of said election ; and the stockholders present shall
proceed to elect seven directors, by ballot; and the com-
missioners present shall certify the result of such election,
under their iiands ; which certificate shall be recorded in
the record book of said com])any, and shall be sufficient
evidence of the election of the directors therein named.
The directors thus elected shall hold their office for one
year, and until their successors are elected and qualified.
I85:i. 10
capi.ai stock. § 3. The Capital stock of said company shall be one
million of dollars, which shall be divided into shares of one
hundred dollars each, and may be increased by the direc-
tors of said company to any sum necessary to complete the
works herein authorized ; and the same shall be subscribed
for and taken under the direction of the board of directors
of said company, at such time and in such places and man-
ner as the said directors shall from time to time direct.
The shares of the capital stock of said company shall be
deemed personal property.
Management of § 4. The affairs of Said company shall be managed by
ivrtairs, jj board of seven directors, to be chosen annually by the
stockholders from among themselves. At all elections for
Votes directors each stockholder shall be entitled to one vote for
each share of stock held by him, and may vote personally
or by proxy ; and a plurality of the votes given at any elec-
tion shall determine the choice. The directors shall hold
their office as provided in a foregoing section, and shall
elect one of their number as president of said board ; and
Vacancy. [n case of any vacancy occurring in said board of directors
between elections, the same may be filled by the beard at
any legal meeting of the directors ; and the person so
elected to fill the vacancy shall hold his office until the
next annual meeting of the stockholders. In case of the
absence of the president the board of directors sliaU have
power to elect a })resident pro iempore, who shall exercise
for the time being all tlie legal powers of the president of
said board.
Payment of sub- § 5. It shall be lawful for the directors to make calls
acr.i) loDs. upon ti^e sums subscribed to the capital stock of said com-
pany at such times and in such amounts as they shall deem
fit, giving at least thirty days' notice of each of said calls
in at least two newspapers published in the city of Chica-
go ; and in case of the failure on the part of any stockhold-
er to make payment of any calls made as aforesaid by the
said directors, for sixty days after the same shall have been
due, tlie said board of directors are liereby authorized to
declare said stock as in arrear.
forfeited to the company.
uouicoi roud. § 6. The said company are hereby authorized to locate,
construct and complete and to maintain and operate a plank
railroad, with a single or double track, and may change
and alter the same to a plank road exclusivel}', or to a rail-
road exclusively, at any time that the board of directors of
said company may deem it advisable so to do ; and may use
for the purpose of said road any county or state road or
roads within the limits hereinafter provided, having first
obtained an order from the board of super\ isors of Cook
county, authorizing the use of such road or roads, and may
operate such plank railroad, plank road or railroad, with
11 1853.
such appurtenances as may be deemed necessary by the
directors for the convenient use of the same from the city
of Chicago to the Calumet river, and within ten miles of the
lake shore ; and the said company are authorized to use
and operate said road, and shall have power and authority
to regulate the time and manner in which goods, effects
and persons shall be transported on the same, and prescribe
the manner in which tlie same shall be used, and the rate
of toll for the transportation of persons and property there-
on, and shall have power to provide stock, all necessary
material and power for the operation of said road, and shall
have power to erect and maintaii^ all necessary depots,
stations, shops and other buildings and machinery for the
accommodation and operation of said road.
^ 7. The said company are hereby authorized, by their Right of way.
engineers and agents, to enter upon any lands, for the pur-
pose of making the necessary surveys and examinations of
said road, and to enter upon and take and hold all lands
necessary for the construction of said plank railroad audits
appendages, first making just and reasonable compensation
to the owners of said lands for any damages that may arise
to them from the building of said road; and in case said
company shall not be able to obtain tiie title to the lands
through which the said road shall be laid by purchase or
voluntary cession, the said company are hereby authorized
to proceed to ascertain and determine the damages sus-
tained by said owner or owners in the manner provided by
the ninety-second chapter of the Revised Statutes of this
state, entitled " Right of Way :" Provided, that after the
appraisal of damages, as provided in said statute, and upon
the deposite of the amount of such appraisal in the circuit
court of Cook county, the said company are hereby author-
ized to enter upon such lands for the construction of said
road and its appendages.
5 8. The said company are authorized to borrow from ro^ev to lorrow
time to time such sum or sums of money, not exceeding the """"'^'
amount of the cajntal stock of said company, as in their dis-
cretion may be deemed necessary, to aid in the construc-
tion of said road, and to pay any rate of interest thereon,
not exceeding ten per cent., and to pledge and mortgage the
said road and its appendages, or any part thereof, or any
other property oretfects, rights, credits or franchises of the
said company, as security for any loan of money and inter-
est thereon ; and to dispose of the bonds issued for such
loan at such rates or on such terms as the board of direc-
tors may determine.
§ 9. Said company shall be bound to repair all publicRorair of high-
highways that their road may cross, and all bridges and ^'''^■''*'
water courses that may be injured in the construction and
usinor of said road.
1853.
12
Oommeucemcut.
10. It shall be lawful for said company to unite, with-
in the territory above described, and not elsewhere, with
any railroad, and to grant to such companies the right [to]
use or construct any portion of the road herein autliorized
to be constructed.
§ 11. Any person who shall wilfully injure or obstruct
said road, or any part of its appendages, shall be deemed
guilty of a misdemeanor, and shall forfeit to the use of the
company threefold the amount of damages occasioned by
such injury or obstruction, to be recovered in an action of
debt in the name of said company, with costs of suit, be-
fore any justice of the peace or before any court liaving ju-
risdiction thereof in the state.
§ 12. Said company shall be allowed three years from
the passage of this act for the commencement of the con-
struction of said railroad, and seven years thereafter for
the completion of the same.
§ 13. This act shall be deemed and taken as a public
act, and shall be construed b^niehcially for ail purposes
herein specified or intended.
§ 14. This act to take effect and be in force from and
after its passage.
Approved February 14, 1853.
style.
Gcner.il powc
1-2, AN ACT to incoi-Dorate the Springfield and Pekin Sailroad Company.
Section 1. Be it enacted hy the people of the state of
Illinois^ represented in the General .Assembly, That Gide-
on H. Rupert, William S. Maus, James Haines, Jackson C.
Thompson, Thomas N. Gill, John W. Casey, David Mark
and Peter A. Brower, of the county of Tazewell, and Wil-
liam Engle, Milam Alkire and Archibald Kincade, of Me-
nard county, and Colby Knapp, of Logan county, and
George Powei's, Levi Cantrill., Abraiiani Vanmetre, Benj.
S. Edwards, William Carpenter, Jonathan Saunders and
John T. Stuart, of the county of Sangamon, and their asso-
ciates, successors and assigns, are hereby created a body
politic ar.d corporate, under the name and style of " The
Springfield and Pekin Railroad Company ;" and by that
name and style shall liave perpetual succession ; and said
'"• company are hereby made capable of suing and being sued,
of pleading and being impleaded, of defending and being
defended, in all courts in law and equity and other ])laces;
of contracting and being contracted with ; and said com-
pany shall have authority to make, use and have a common
seal, and the same to renew and alter at pleasure ; and said
13 1853.
company are hereby vested with all the powers, privileges
and imnmnities which are or may be necessary to carry
into etiect the objects and purposes of this act hereinafter
mentioned, set forth or referred to, and to exercise and en-
joy, for tiie purposes of the said company, the rights and
privileges of natural persons,
§ 2. Said company are hereby autliorized and empow- Route.
ered to locate, construct, establish and finally complete
and hereafter use a railroad, commencing at any conveni-
ent point in the city of Springfield, and running from thence,
on tlie most eligible, beneficial, expedient and practicable
route, to the city of Pekin, in the county of Tazewell ; and
the said company are hereby empowered, in the construc-
tion of said railroad, to lay out said railroad wide enoughs— «> \
for a single or double track throughout the whole length ;
and for the purpose of constructing the same, and for ma- /'
terials, stone, earth and gravel, may take and use as much /
more land on the side of the same as may be necessary for
the proper construction and security of said road.
§ 3. The capital stock of said company shall be one capital ?toct.
million of dollars, and may be increased to two million of
dollars, to be divided into shares of one hundred dollars
each share. The immediate government, control and di-
rection of the afFairs and organization of said company and
company franchises shall be vested in the persons named
in the first section of this act, and a majority of them shall
form a quorum, with power and authority to adopt such
rules and by-laws, and other things to do and perform, ne- ^c,opt^y-uv,-s.
cessary to the complete organization of said company and
to conducting the same, and to provide for opening books
and obtaining subscriptions to the capital stock of said
company, and for the calling of meetings of said company;
and when one hundred shares of the capital stock shall be
taken and subscribed for, the company may fully organize
and go into operation in the construction and completion of
said railroad.
§ 4. When one hundred shares shall be subscribed as Noticp ot i;rst
aforesaid, the persons named in the first section of this act, '"<^'^''°--'*
or some of them, ma}^ call a meeting of the stockholders of
said company, on giving public notice of the time and place
of meetincr, which shall be held at some place in the county /
^ o ^ , ^ . *^ when to l;e held.
of Logan or Menard, in this state, and shall fully organize
said company by the election of nine directors for said com- Directors,
pany, who shall hold their offices for one year, and until
their successors shall be elected and qualified. Said di-
rectors shall have the same powers and authority, and per-
form the same duties, and be governed by the same rules
conferred upon and required of the directors of tlie Alton
and Sangamon Railroad company, by an act entitled " An
act to construct a railroad from Alton, in Madison county,
1853. 14
to Springfield, in Sangamon county," approved February
27, A. D. 1847. Said directors, so elected, sliall elect
Pres.'iont. froiTi their number one president, who shall hold his office
one year, and until his successor is elected and qualified,
and who shall have the same powers, and be governed by
the same rules as is conferred upon and required of the
president of the said Alton and Sangamon Railroad Com-
pany, by the act aforesaid ; and all rules and provisions
for elections provided by the said act shall apply to the
company incorporated by this act. A majority of said di-
rectors, including the president, shall constitute a quorum.
KQjoy the same § 5. The Said compauy hereby incorporated shall have,
and%anKamun ^ujoy and cxcrcise, all and singular, the powers, rights,
company. authoritics, privileges and immunities conferred upon the
Alton and Sangamon Railroad Company by the act incor-
porating the same, described in the fourth section of this
act as "An act to construct a railroad from Alton, in Mad-
ison county, to Springfield, in Sangamon county," ap-
proved February 27, 1847, and not contrary to the provi-
sions of this act; and all privileges, powers and immunities
in any manner conferred upon the said Alton and Sangamon
Railroad Company by ttie said act incorporating the same,
and beneficial to the corporation hereby created, shall ap-
ply to the Springfield and Pekin Railroad Company the
same as if herein specially recited and granted to said
named company, to all intents and purposes, and in every
manner of things, powers, privileges or authority whatever.
Power to borrow § 6. The company hereby incorporated shall havc pow-
money. gj. j-q procure a loan or loans of money, as shall be deemed
necessary for tlie construction of the said railroad, and
may pledge the said road for the payment thereof. Said
Power to receive company may receive in payment of stock subscribed for
bonds in pay- j^Qj^jg and mortffacies, and also any security or evidence
mcnt for stock. „ , , i • ? • i i i i i •
of debt, stock in other companies, or other valuable things,
and may dispose of or pledge the same for the purposes of
the said company in the construction of the said railroad,
but said company shall not exercise banking powers.
Public act. § 7. This act shall be deemed and considered a public
act, and shall be favorably and justly construed for all pur-
poses therein expressed and declared, in all courts and
places whatever.
Time of comiiic- § 8. The railroad contemplated in this act to be com-
^'^"- pleted within ten years from the passage of the same.
Union Willi otiicr § ^- -^"^ ^^^^ ^^^^ compauy shall have full power, un-
roads. (Jer the provisions of this act, to extend, construct and
maintain their railroad from Pekin, in Tazewell county, to
Peoria, in Peoria county, and for that purpose they may
exercise all the privileges and franchises contained in the
preceding sections of this act, and siiall have full power to
connect their railroad with any other railroad now or here-
15 1853.
after to be constructed with the line, or at the said termi-
nus at Peoria, upon such terms as may be mutually agreed
upon by the directors of said railroads so connecting.
Approved Feb. 12, 1853.
AN ACT supplemental to an "Act fo incorporate 'The Southern Illinois in fovco Feb. il,
Railroad Company/" approved February 17, 1851, and to change thepame 1853.
oi' said company.
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assemhly, That John
Campbell, Jos. Williamson, S. Allen, James H. Jones, Jos. corporators.
B. Holmes, John O'Neil, Wm. Rosborough, John A. Wil-
son, Joseph Farmer, John E. Detrich, Andrew Borders,
Archibald Macdill, Z. H. Vernor, E. C. Coffee, Jno. D.
Wood, Geo. T. Hoke, John Phillips, G. W. Pace, John
Cunningham, T. B. Lester, Charles W. Jennings, John S.
Martin, T. Elston and D. W. Allman, corporators in the
before recited act, together with such others as may asso-
ciate with them, arc hereb}' created and constituted a body
corporate and politic, by the name and style of " The styk.
Chester, Mississippi and Chicago Branch Railroad Compa-
ny," and by that name to sue and be sued, plead and be
impleaded, in any court of law or equity in this state ; to General lowerg.
make and have a common seal, and the same to break, al-
ter and renew at pleasure ; and the said company is hereby
vested with all powers, privileges and immunities which
are or may be necessary to carry into efi'ect the purposes
and objects of this act as hereinafter set forth; and said com-
pany is hereby authorized and empowered to locate, build,
construct and finally complete a railroad, with a single or
double track, on the most eligible ground, from Chester, on j^^^j^,
the Mississippi river, to Sparta, in Randolph county, and
Nashville, in Washington county, to the Chicago Branch of
the Central Railroad, and then to Salem, Marion county,
on such route as shall be deemed to be the best and most
expedient, and transport, take and carry property and per-Tians,).,rtation,
sons upon said railroad or way by the power of steam or
animals, or of any meclianical or other power, or any com-
bination of them, which said company may choose to apply;
and for the purpose of constructing said railroad or way, the
said company is hereby authorized to lay out the road not
exceeding one hundred feet wide through ihe whole length;
and for the purpose of depots, cuttings and embankments,
and for the purpose of necessary turnouts, and for obtain-
ing stone, gravel and dirt, may take as much more land as
1853.
16
may be necessary for the construction and security of said
Tnion with othrr road, with permission to make any lawful contract with
'"*"'''■ any other railroad, or other incorporation, in relation to the
business of said company, and also to make joint stock
Proviso. with any other railroad corporations : Provided^ that a
damages which may be occasioned to any person or cor-
poration, persons, by taking any such lands or materials
for the purposes aforesaid, shall be paid for by said company
aforesaid, in manner hereinafter provided.
Capital stock. § 2. The Capital stock of said company shall not ex-
ceed one million five hundred thousand dollars, and shall
be divided into shares of fifty dollars each, which shares
shall be deemed personal property, and may be transferred
in such manner and at such places as the by-laws of said
Proviso. company may direct : Provided^ that said company may
commence the construction of said road with all the pow-
ers and privileges contained in this act, whenever the sum
subscribed to the capital stock shall exceed two hundred
thousand dollars.
openbooks. § 3. The pcrsous named in the first section of this act,
or a majority of them, may open books to receive subscrip-
tions to the capital stock of said company, at such time or
places as they, or a majority of them, may appoint, and
shall give such notice of the time and places of opening said
books as they may deem reasonable, and may receive sub-
scriptions under such regulations as they may adopt for the
purpose; and if more than one million five hundred thou-
sand dollars shall be subscribed, they shall have the power
to make the shares as subscribed capital stock : Provided,
that they shall not exceed forty thousand shares; and in
case the subscription should exceed the said number of
shares, the shares may be reduced and apportioned in such
manner as may be deemed most beneficial to the corpora-
Fmtiu-r proviso, tion : Provided further, when the books shall be opened
for the subscription of stock, the persons named may re-
quire not less than five dollars to be paid upon each share
at the time of subscribing the same.
Dirocfors. § 4. The immediate government and direction of the af-
fairs of the company shall be vested in a board of directors,
to consist of thirteen persons, who shall be shareholders, who
shall be chosen by tiie stockholders of said company, in-the
manner hereinafter provided, and shall hold their offices un-
til others are duly elected and qualified to take their places
as directors, and who shall elect one of their number to be
Presui'^nt. president of the company ; they shall also choose a secre-
tary, and such other officers as they may deem necessary,
and a treasurer, who shall give bond, with security, to the
said company, in such sum as tiie president and directors
may require, for the faitiiful performance of his trust and
duties as may be prescribed by this act and the by-laws of
^ ' 1853.
of said corporation; and six of said directors and tiie pre-
sident shall be a quorum for the transaction of business, Quon-m
and in the absence of the president seven of said directors
one of whom shall be appointed vice president, shall be a
quorum to transact business.
§ 5. The persons authorized by this act to open books MeounK or stock-
for subscription to the capital stock are hereby authorized, ''°"^"'"
after the books for the subscription to the capital stock of
said company are closed, or when the sum subscribed shall
exceed four thousand shares, to call the first meeting of the
stockholders of said company in such way and at such time,
in the town of Chester, in Randolph county, as they Pice,
may appoint, for the choice of directors of said company ;
and in all meetings of the stockholders of said com-
pany each share shall entitle the holder thereof to one
vote, which vote may be given in person or by proxy; and
the annual meeting of the stockholders of said company, for
the choice of -directors, shall be holden in the town of
Chester, Randolph county, on the second Monday in the
month of May in each year.
§ 6. In the event an election for directors shall not be vacancies.
had on the day appointed, said company for that cause shall
not be deemed to be dissolved, and the directors shall have
power to fill any vacancy which may occur by death, re-
signation or otherwise.
§ 7. Tiie president and directors shall have full power s>-'a^saiKircs-
to make and prescribe such by-laws, rules and regulations "'''"°°''
as they may deem needful and proper touching the disposi-
tion and management of the stock, property, estate and
efi'ects of said company, not contrary to this charter
or the laws of this state or of the United States, the
transfer of shares, the duties and conduct of their offi-
cers and servants, touching the election of and meetino-s of
its directors, and all matters whatsoever whicii may apper-^°'^-'^ "f ''•'■'^'^-
tain to the affairs of said company. Said com.pany is also'*"''"
hereby authorized and empowerrd to purchase, secure and
hold such estate as may be necessary and convenient in
accomplishing the object for which this incorporation is
granted ; and may, by their agents, surveyors, engineers
and servants, enter upon all lands and tenements through
which they may deem it necessary to make said road, and
to survey, lay out and construct the same, and to agree and
contract for the right of way with the owners through
whose lands they may intend to make said road; in case R,ghto( way.
said lands belong to the estate of any deceased person, then ^^^^^^
with the administrator or executor of such deceased per- non'^ compTs
son; or in case of the same belonging to a minor or person '"''"'"' ^'''
non compos mentis, then with his or her guardian or guar-
dians; or in case said lands be held by trustees of school
sections, or other trustees of estates, then with such trus-
[B]
1853. 18
tees; and the said administrators, executors or guardians
and trustees are hereby declared competent for such es-
tate or minor to contract with said company for the right
to use, occupy and possess the lands of such estates, mi-
nors or trustees, so far as may be useful or necessary to
the purpose of said railroad ; and the act and deed of such
executors, administrators, guardians and trustees, in rela- -
tion thereto, shall pass the title in said land m the same
manner as if said deed or act was made or done by a legal
owner of full age ; and such executor, administrator, guar-
dian or trustee shall account to those interested, under
the penalty of his or her bonds, for the amount paid him or
her in pursuance of such agreement and compensation ; and
if the said company or parties representing lands prefer they
may refer the question of compensation to arbitrators mu-
tually chosen, whose award, or that of their umpire, in
case of disagreement, shall vest title according to its terms.
„aen.n,.nds. 5 8. If the said company, through its agents or attor-
neys, cannot agree with the owner of the land through
which they may want to construct said road, or with
the administrat a-, executor, guardian or trustee, it shall
and it may be lawful for them to proceed m the manner
now provided for by the laws of this state for the condemna-
tion of lands by incorporated companies.
„tvofsher.ft. 5 9. It shall be the duty of the sheriff to appoint and
hold said inquest within ten days after the receipt ot any
writ of ad quod damnum, except in cases of absence, in
which case thirty days shall be allowed him, and five days,
in addition, shall be allowed him for every additional jury
which he may have under such writ ; and for every detault
therein such sheriff shall be fined by the circuit court hav-
ing iurisdiction, on prosecution by either party, not less
than twenty nor more than one hundred dollars ; and every
iuror and witness summoned shall be fined not less than five
dollars for non-attendance; and of all such fines, as well
as costs, the circuit court of the county in which such cases
may arise, shall have iurisdiction. There shall be allowed,
as fees, for services under this act, to the clerks of circuit
^'"'" courts, for every writ of ad quod damnum, seventy-five
cents ; for securing and filing inquest, seventy-five cents ;
to the sheriff, for giving notice, seventy-five cents, and
printer's fee, not exceeding two dollars, in each case ; tor
holding inquest, five dollars ; and for summoning witness-
es, twenty-five cents each ; to jurors, each seventy-five
cents per diem, upon the rendition of a verdict— to be tax-
proviso. ed in the bill of costs, and paid by the company: Provided,
that before the application for such writ said company may
make a tender to the owner or owners of any such land,
executors, administrators, guardians or trustees, of a sum
of money by them deemed equivalent to the damage to
19
1853.
be sustained, and upon refusal to accept the sum tendered,
and a verdict for the same amount, or a -less sum, be ren-
dered, the costs shall be taxed to and paid by the owners
of the land in relation to which such inquest may be held.
§ 10. The said company is hereby authorized to con- General powers.
struct, build, equip and maintain and use a railroad, with
a single or double track or way, of suitable width and di-
mensions, as may be determined by the directors of said
company, and shall have power to regulate the time and
manner in which passengers, goods, produce and property
of any kind shall be transported, taken and carried on the
same, and shall have power to erect and maintain all such
buildings, for the accommodation and management of the
affairs of said company, as they may [deem] necessary and
suitable.
§ 11. It shall be lawful for the company hereby in cor- Transportation.
porated to fix, from time to time, and regulate and receive
the charges and rates of freight by them to be received for
the transportation of persons and property on their railroad
or wiy hereby authorized to be constructed, erected, built
and maintained and used, or upon any part thereof.
§ 12. If any person or persons shall wii, 'ily do or cause Pen'-^ities'
to be done any act or acts whatsover, where \' any build-
ing, construction or work of said company, or any engine,
machine or structure, or any matter or thing appertai^iing
to the same, shall be stopped, obstructed, impaired, weak-
ened, injured or destroyed, the person or persons so ofl'end-
in^ shall be deemed guilty of a misdemeanor, and shall for-
feit and pay to the said company double the amount of dam-
age sustained by reason of any such offence or injury, to
be recovered in the name of said incorporation, with costs
of suit, by action of debt, in any court of competent juris-
diction.
§ 13. The said company, and, under their direction, sim*' powers ae
their agents, servants and workmen, are hereby vested with S^^miSi!^*-'
:".he same power and authority as are granted to the Wa- '""'"'•
oash Valley Railroad Company by an act entitled ''An act to
incorporate the Wabash Valley Railroad Comjrany, and to
regulate the capital stock of other railroads," approved June
22, 1852, to enter into and upon the lands or grounds of or
belonging to the state, and to survey and take levels of the
same, or any part thereof, and to set out and ascertain such
part as they shall think necessary and proper for making
their said railroad or way, and for all purposes connected
with the construction thereof; and tlie said company is here-
by authorized and empowered, from time to time, to borrow „
1 r , r , Power to b|rrow
such, s\im or sums oi money as may be necessary tor comple- money. >
ting furnishing and operating their said railroad or way; and
for that purpose they are hereby authorized to issue and
dispose of the bonds, in denominations of not less than five
1853.
late of interest
isu
hundred dollars, at such rates of interest, not exceeding
ten per cent, per annum, and at such rates of discount as
xnay be deemed necessary for the benefit of said com-
, , «,, ^1^14. The directors of said company may require the
S^." ^"- pa Lent of the sum or sums subscribed to the capital stock
of said company, at such times, and in such proportions
and upon such conditions, as they may deem necessary and
fit Ld in case any stockholder shall refuse or neglect to
mtke pay-ent in pursuance of the requisitions of the board
Tdire^ctors, the stock of such stockholder may be sold by
order of the directors, at public auction, after the lapse o
Ninety days from the time when the payment became due ,
and the surplus money, the avails of such sale after de-
duct n' he^necessary 'expenses of such sale and the pay-
ment Sr payments due, shall be paid over to such delm-
""TlttiteZid railroad or way shall not be commenc
ed witltin six years from the passage of this act, and shall
not be finished within ten years from the time ot the com-
mencement thereof, this act shall be nul and void
6 16 This act shall be deemed a public act, and slial!
be liberally construed in all courts whatever, and be m
Act to be null and
void.
Public act.
force from and after its passage.
Approved February 11, 1853.
,. ... r.b. n, AN ACT f o incorporate the Macomb, Vermont and Bath Railroad Company-
Section 1. Be it enacted b., ^^'' T'P^^-^ t'jYlt
Corporators.
Ijctieral powa
lllinX^'revresented in the General Assembly, That James
B K;^;, David P. Wells, JasM. Campbell, Jesse Burr,
Toab Mershon, H. L. Ross, Jas. H. B. Stephens, J. M.
Rulles Benj.Beasley, Isaac Vail, and such other persons
^ may associate with them for that purpose, are hereby
made and constituted a body corporate and PohUc by the
name and style of the "Macomb Vermont ^'^^ ^^^^^^^^
road Company," with perpetual succession and by that
name and style shall be capable in law of takmg, purcha-
sing, holding leasing, selling and conveying estate and pro-
• pei-ty whatever, real, personal or mixed, so far as the same
^ay be necessary for the purposes hereinafter mentione^d
Zl no further; and in theircorporate name may sue and
be suTd, plead and be impleaded, in all courts ot law and
enuitv whatsoever, and may have and use a common seal,
and aU^r, change and renew the same atp easure; and may
have and exercise all powers, rights, privileges and immu-
21 1853.
nities which are or may be necessary to carry into effect
the purposes and objects of this act, as the same are here-
inafter set forth.
§ 2. The Macomb, Vermont and Bath Railroad Com- Objects,
pany shall have full power and authority to locate, and,
from time to time, alter, change, relocate, construct, re-
construct and fully to finish, perfect, equip and maintain a
railroad, with one or more tracks, commencing at the townnoute.
of Macomb, in the county of McDonough, and state of Il-
linois, running from thence, on the most eligible route, to
tlic town of Vermont, in the county of Fulton, and state
aforesaid, and from thence, on the most eligible route, to
the town of Bath, in the county of Mason, and state afore-
said; and to transport, take and carry property and })er-
sons upon said raiiroad, by power or force of steam, or of any
mechanical or other power, or combination of them, which
said company may choose to use or apply. And for the
purpose of constructing said railroad or way, said compa-
ny shall have authority and power to lay out, designate and
establish their road, in width not exceeding one hundred -nridth of roati.
and fifty feet through the entire line thereof, and may
take and appropriate to their own use all such lands so de- j^g^^ip^f^jp^
signated for the line and construction of said road, upon
first paying, or tendering therefor, such amount of damage Damag«.
as shall have been settled by appraisal, in the manner here-
inafter provided, on all such lands as may be taken, or up-
on any tracts which may be located by said company; and
for the purpose of cuttings and embankments, and lor the
purpose of obtaining stone, sand and gravel, may take and
appropriate as much more of land as may be necessary for
the proper construction, maintenance and security of said
road ; and for constructing shops, depots and other suita-
ble, proper and convenient fixtures in connection with and
appertaining to said railroad, may take and have, use and
occupy any lands, upon either side of said railroad, not ex-
ceeding two hundred feet in depth from said railroad; said
company taking all such lands as gifts, of purchasing or
making satisfaction for the same in the manner hereinafter
provided: Pruvidcd, that this section shall not be con-p^^^.j^.^^
strued to restrict or prevent the construction of public
roads or canals or railroads across the road of said com-
pany, when deemed expedient, but so as not materially to
impair or obstruct the same.'
§ 3. The said company, and under their direction, power of riircc
their agents, servants and workmen, are hereby authorized ^^'
and empowered to enter into and upon the lands and
grounds of or belonging to the state, or to any person or
persons, bodies politic or corporate, and survey and take
levels of the same, or any part thereof, and to set out and
ascertain such parts as they shall think necessary and pro-
1853. £2
per for making said railroad, with one or more sets of tracks
or rails, and lor all the purposes connected with said rail-
road for which the said corporation by the last preceding
section, is authorized to have, take and appropriate any
lands, and to fell and to cut down all timber and other
trees standing or being within one hundred feet on each side
of said line of said railroad the damage occasioned by the
felling of such trees, unless otherwise settled, to be assessed
and paid in manner hereinafter provided for assessing and
and paying damages for lands taken for the use of said rail-
road company; and also to make, build, erect and set up in
and upon the route of said railroad, or upon the land ad-
joining or nearest the same, all such works, ways, roads
and conveyances as may be requisite and convenient for
the purposes of said railroad, and also from time to time to
alter, repair, amend, widen or enlarge the same, or any of the
conveniences above mentioned, as well for the carrying,
conveying goods, commodities, timber or other things to
and upon the said railroad, as for carrying all manner of
materials necessary for the making, erecting, furnishing,
altering, repairing, amending or enlarging the works of or
connected with said railroad, and to contract and agree
with the owner or owners thereof for such timber, gravel,
stone or other materials, or any articles whatever which
may be wanted in the construction or repairing of said rail-
road or any of its appurtenances — they the said company do-
ing as little damage as possible in the execution of the said
powers hereby granted, and making satisfaction in the
manner hereinafter mentioned for all damages to be sus-
tained by the owners or occupiers of said lands.
esty.e. § 4. The said company shall have power and authority
to receive, take and hold all such voluntary grants and
donations of lands and real estate for the purposes of said
railroad, as may or shall be made to said company, to aid
in the construction and maintenance and accommodation
of said railrond, and said company may contract and agree
with the owners and occupiers of any lands which said
company may^wish to use or occupy, for the purpose of
procuring stone, sand, gravel or earth, or other materials
to be used in embankments or otherwise in or about the
construction, repairs or enjoyment cf said railroad, or which
said company may wish to use or occupy in any manner or
for any purpose or purposes connected with said railroad,
for which said company is empowered or authorized by
this act to take, have or appropriate any lands, and to re-
ceive and to take grants and conveyances of any and all
interests and estates therein, to them and their successors
or assigns, in fee or otherwise ; and in case said company
cannot agree with such owners or occupiers of such lands
as aforesaid, so as to procure the same by the voluntary
23 1853.
deed or act of such owners or occupiers thereof; or if the
owners or occupiers tliereof, or either or any of them, be a
J'enime covert, infant, non cu-mpor. mentis, unknown or out
of the county in which the land or property wanted is sit-
uated, the same may be taken, and [paid] for, if any damages Damages to pro-
are awarded, in the manner provided for in "An act to pro- portyot infants,
, ••1 !• • 11 &0., how ascer-
vide tor a general system ol railroad incorporations," apj)ro- t'J"C'i.
ved November 5th, 1849; and the final decision or award sliall
vest in the corporation hereby created all the rights, priv-
ileges and immunities in said act contemplated : *^f id pro- ^loviso.
vided, that any appeal that may be allowed under the pro-
visions of the act above recited, or by virtue of any gen-
eral law of this state, shall not effect the possession by
said company of said lands appraised; and when the ap-
peal may be taken or writ of error prosecuted by any per-
son or persons other than the said company, the same shall
not be allowed except on the stipulation of the party so
appealing or prosecuting such Avrit of error that the said
company may enter upon and use tiie lands described in
the petition for the uses and purposes therein set forth,
upon said company giving bond and security, to be appro- Giving bond,
ved by the clerk of said court, that they will pay to the
party so appealing or prosecuting such writ of error all
costs and damages that may be allowed against them on the
final hearing of such appealer writ of error, within thirty
days after the rendition thereof, or forfeit all right to use
the land or w^ay so condemned.
§ 5. The capital stock of said company shall be five capital stock may
hundred thousand dollars, which maybe increased from ^"^ '""eas-eii.
time to time by a vote of a majority in interest of stock-
holders 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 amount ex-
pended on account of said road; which stock shall be divi-
ded in shares of one hundred dollars each, which shall be
deemed personal property, and may be issued, certified,
translerred and registered in such manner and at such places
as may be ordered and provided by the board of directors,
who shall have power to require the payment of stock sub-
scribed in the manner, and at the time 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, after thirty days' public notice, be sold stiaics tote soj^,
at public auction, under such rules as the directors may
adopt — the surplus money, if any remahis after deducting
tlie payment due and to become due on said stock, with in-
terest and the necessary costs of sale, to be paid to the
delinquent stockholder. The board of directors hereinaf-
ter named shall cause books to be opened for subscription
1853.
24
to the capital stock of said company, at such times and
places, and in such manner as they shall direct: Frovided,
that as soon as fifty thousand dollars oihonafide subscrip-
tion shall be made to said capital, and five per cent, there-
on paid, it shall be lawful for said company to elect a board
of directors, not less than five nor more than nine in num-
ber, who shali hold their office for one year, and until their
successors shall be elected and enter upon the duties of
their office. The first election of directors shall be held
in the said town of Vermont, thirty days' notice thereof
first being given [by] said commissioners, in some news-
paper published in said county of Fulton, and subsequent
elections shall be held in such manner as the directors shall
b}' by-laws direct.
§ 6. At any election held for directors, each share of
stock shall be entitled to one vote, to be given either in
person or by proxy, and the person receiving the largest
number of votes to be declared duly elected, and to hold
their office until the next annual election, and until their
successors are elected and qualified. All elections for di-
rectors to be conducted by three judges, selected by the
stockholders present.
I § 7. After the directors are elected, they shall organ-
ize the board, by electing one of their number president,
and by appointing a secretary and treasurer.
§ 8. Said company shall have power to purchase with
the funds of the company, and contract for and place on the
railroad hereby authorized to be constructed, all materi-
als, wagons, carriages and vehicles, of any description,
which they may deem necessary and proper [for] the pur-
poses of transportation on said railroad ; and they shall
have power to charge for tolls and transportation and rates
of fare such sums as shall be lawfully estaolished by the
by-laws of said company.
§ 9. Said company shali have power to make, ordain
and establish all such by-laws, rules and regulations as may
be deemed expedient and necessary to fulfil the purposes
and carry into effect the provisions of this act, and for the
well ordering and securing the aff'airs, business and inter-
est of said company : Provided, that the same be not re-
pugnant to the constitution and laws of tiie United States
or of this state.
§ 10. The said board of directors shall have power to
regulate the manner of transportation of persons and prop-
erty, the width of track, the construction of wheels, the
form and size of cars, the weight of loads, and all other
matters and things respecting the use of said road and the
conveyance and transportation of persons and property
thereon.
25 1853.
§ 11. When it shall be necessary for the construction intersectior.-.
of said railroad to intersect or cross a track of any otiier
railroad, or any stream of water, or watercourse, or road,
or highway, lying on the route of said railroad, it shall be
lawful for the company to construct their railroad across or
upon the same : Provided, that said company shall restore
the railroad, stream of water, water course, road or high-
way, thus intersected or crossed, to its former state, or in
a sufficient manner not materially to impair its usefulness.
§ 12. The said company shall, annually or semi-annu-
allj^, make such dividend as they may deem proper of the Dividends.
nett profits, receipts or income of said company among the
stockholders therein, in proper proportion to their respec-
tive shares.
§ 13. If any person shall do or cause to be done, or aid Penalty,
in doing or causing to be done, any act whatever, whereby
any building or construction, or work of said company, or
any engine, machine or structure, or any matter or thing
appertaining to the same, shall be stopped or obstructed,
impaired or weakened, injured or destroyed, the person or
persons so otFending shall be guilty of a misdemeanor, and
may be punished, upon conviction, by fine, in any sum not
exceeding one thousand dollars, or be imprisoned not ex-
ceeding five years, or both, at the discretion of the court,
and shall forfeit and pay to said corporation treble the
amount of damages sustained by reason of such offence or
injury; to be recovered in the name of said company, with
costs of suit, in an action of trespass, before any justice of
the peace of this state, or before any court having jurisdic-
tion thereof. Said company shall have power to unite un,on with other
its railroad with any other railroad now constructed, or '^°'"'^'
which may hereafter be constructed to the said town of
Macomb, or the said town of Bath, upon such terms as may
be mutually agreed upon between the companies so con-
necting; and for that purpose full power is hereby given
to said company to make and execute contracts with any
other company as will secure the objects of such connec-
tion.
5 14. Said company is hereby authorized to borrow, Po^er to borrow
irora time to time, sucli sum or sums of money as may be
necessary for completing and furnishing or operating their
said railroad, and issue and dispose of their bonds, in denomi-
nations of not less than five hundred dollars, for any amount
so borrowed, and to mortgage their corporate property,
and purchase or convey the same by deed of trust, to se-
cure the payment of any debt contracted by said company
for the purposes aforesaid ; and the directors of said com-
pany may confer on any bondholder of any bond issued for '<
money borrowed as aforesaid the right to convert the prin- l
1853. 26
cipal due or owing thereon into stocks of said company, at
any time, not exceeding ten years from the date of the
bonds, under such regulations as the directors of said com-
pany may see fit to adopt. ,
loicoiibtruc- ^ 15. The said company liereby chartered shall be re- '
quired to construct and operate their said road throughout
the entire length thereof, according to the terms of this
charter, within ten years after the work shall have been
commenced thereon ; and upon a failure so to do shall for-
feit all right and privileges, tracks contemplated and work
iso. done upon said road : Provided^ the work shall be com-
menced on said road within six years after the passage of
this act.
icaot. § 16. This act shall be deemed and taken as a public
act, and shall be in force from and after its passage.
§ 17. The said company hereby created be and are
hereby authorized to extend their said railroad from Ma-
comb to a point opposite or at the city of Burlington, in
the state of Iowa, on the most eligible route, and also to
extend their railroad from Bath, in Mason county, to some
point that may be agreed upon on the Petersburg and
Springfield railroad ; and, for the purpose of such exten-
sion, said company are hereby declared to possess all the
powers and be subject to all the restrictions contained in
Increase of capi- this act ; and, for the purposes of said extension, said com-
pany are authorized to increase their capital stock to such
amount as may be necessary to complete such extension,
under the same provisions and regulations as herein pro-
vided for the increase of the capital stock of said compa-
ny.
Approved February 11, 1853.
In force Feb. 13, AN ACT to incorporate the Jackson County Coal and Railroad Company.
1883,
Section 1. Be it enacted hy the people of the state of
Illinois^ represented in the General Assembly, That Ro-
corporators. bert Smith, John Cavender, John Tableau, William H.
General powor.-
sors and assigns, are hereby created a body corporate and
politic, under the name and style of "The Jackson County
Coal and Railroad Company," with perpetual succession;
and by that name be and are hereby made capable in law
and in equity to sue and be sued, plead and be im])leaded,
defend and be defended, in any court of law and equity in
this state, or any other place ; to make, have and use a
common seal, and the same to renew and alter at pleasure ;
27 1853.
and shall be and are hereby vested with all the powers,
privileges and immunities which are or may be necessary
to carry into effect the purposes and objects of this act, as objects.
hereinafter set forth; and the said company are hereby
authorized and empower<ed to locate, construct and finally
complete a railroad from the southwest quarter of section
No. nine (9,) in township No. nine (9) south, of range No.
two (2,) west of the third principal meridian, in Jackson
county, where the coal mines ot the said corporation are
now open and working, to any point on Big Muddy river,
to the Mississippi river, by the most direct and eligible
route ; and for this purpose said company are authoiized,
upon the most eligible direct route, to lay out their said
railroad, not exceeding one hundred feet in width, through
the whole length, and for the purpose of cutting embank-
ments, stone orgravel, may take as much more land as may
be necessary for the proper construction of and security
of said railroad.
^ 2. The capital stock of said company shall consist of capital stock,
four hundred thousand dollars, and may be increased to
eight hundred thousand dollars, to be divided into shares of
one hundred dollars eacli. The immediate government and
direction of said company shall be vested in five directors,
who shall be chosen by the stockholders of said company, i^'rectors.
in the manner hereinafter provided, who shall hold their
offices for one year after their election and until others shall
be duly elected and qualified to take their places as direc-
tors, a majority of whom shall form a quorum for tlie trans-
action of business; shall elect one of their number^to be pre- President.
sident of the company; and said board of directors shall
have power to appoint all necessary clerks and other offi- other officers,
cers necessary in the transaction of the business of said
company.
§ 3. Said corporators are hereby authorized, by their
agents, surveyors and engineers to cause such examina- ^made^ ''^
tion and surveys to be made of the ground and country
between the said coal mines and the Mississippi river as
shall be necessary to determine the most advantageous
route for the proper line • or course whereon to construct
the said railroad. And it shall be lawful for said company
to enter upon and take possession of, and use all such
lands and real estate as maybe necessary for the construe- ^^*^*^^**'-
tion and maintenance of said railroad depots, side tracts,
water stations, engine houses, machine shops, and other
buildings and appendages necessary for the construction
and working of said road: Provided, that all lands or real
estate entered upon and taken possession of and used by
said corporation for the purposes and accommodation of
sa'l rT'^road, or upon which the site for said railroad siiall
ha c been located or determined by said corporation.
1853.
28
Annual meetings
Commissioners.
shall be paid for by said company in damages, if any be
sustained by the owner or owners thereof by the use of,
the same for the purposes of said railroad; and all lands^
entered upon and taken for the use of said corporation,
which are not donated to said company, shall be paid for
by said corporation, at such price as shall be mutually
agreed upon by the corporation and the owner and owners
of such land. And in case of disagreement the price shall
be estimated, paid and recovered in the manner provided
for taking lands for the construction of public roads, canals
or other public works, as prescribed by the act concerning
right of way, approved March 3d, 1845.
§ 4. If any person shall wilfully, maliciously or wan-
tonly and contrary to law obstruct the passage of any car
on said railroad, or any part thereof, or any thing belong-
ing thereto, or shall damage, break, or destroy any part of
the said railroad, or implements or buildings, he, she, or
they, or any person assisting, shall forfeit and ay to said
company, for every such offence, treble the amount of
damages that shall be proved before any competent court
shall have been sustained, and sued for in the name and be-
half of said company; and such offender or offenders shall
be deemed guilty of a misdemeanor, and shall be liable to
an indictment in the same manner as other indictments are
found in any county or counties where such offences shall
have been committed, and upon conviction every such of-
fender shall be liable to a fine not exceeding five thousand
dollars, for the use of the county where such indictment
may be found, and may be imprisoned in the county jail
for any time not exceeding six months, at the discretion of
the court.
§ 5. The time of holding the annual meetings of said
company for the election of directors shall be fixed and
determined by the by-laws of said company, and at all meet-
ings, each stockholder shall be entitled to a vote in per-
son, or by lawful proxy, one vote for each share of stock
he, she, or they may hold hona fide, in said company, upon
which all instalments called have been paid.
§ 6. The persons named in the first section of this act
are hereby appointed commissioners, who, or a majority of
whom, after a meeting duly called by thirty day's notice
in newspapers published in Chester, Randolph county
and Jonesboro, Union county, are hereby authorized to
open subscription books for said stock at such places as
they may deem proper, and shall keep said books [open
until two hundred thousand dollars of said capital stock sha
be taken. Said commissioners shall require eacli subscribe
to pay five dollars on each share subscribed, at the time of
subscribing. The said commissioners shall immediately
thereafter call a meeting of the stockholders by giving thirty
y5
days' notice in some newspaper printed in the county of
Randolph; and at such meeting it shall be lawful to elect
the directors of said company, and when the directors of
said company are chosen, the said commissioners shall de-
liver the said subscription books, with all sums of money
received by them as commissioners, to said directors. No
person shall be a director in said company unless he shall
own at least five shares of the capital stock.
§ 7. That the right of way and the real estate pur- Real estate,
chased for the right of way of said company, whether by
mutual agreement or otherwise, or which shall become the
property of the company by operation of law, as in this
act pro\ided, shall upon the payment of the amount of
money belonging to the owner or owners of said land, aij
a compensation for the same, become the property of said
company in fee simple.
§ 8. The said corporation may take and transport upon Transportaiion.
said railroad any person or persons, merchandise or other
property, by the force or power of steam or animal, or any
combination of them, and may fix, establish, take and re-
ceive such rates of toll for any passengers and property
transported upon the same, as the said directors shall from
time to time establish, and the said directors are hereby
authorized and empowered to make all necessary rules,
by-laws regulations, and ordinances that they may deem
necessary and expedient to accomplish the designs and
purposes of said company, and to carry into effect the pro-
visions of this act, and for the transfer and assignment of
its stock, which is hereby declared personal property, and
transferable in such manner as shall be provided by the
by-laws and ordinances of said company.
§ 9. The said directors of said company after the samCp^^gj. ^j ^^^^^^,
is organized shall have power to open books in the manner tors-
prescribed in the sixth section of this act, to fill up the ad-
ditional capital stock, or any part thereof, at such times as
they may deem it for the interest of said company, and ail
the instalments required to be paid on the stock originally
to be taken, and what may be taken to increase said
capital stock, shall be paid at such times and in such sums
as said directors may prescribe.
§ 10. In case of the death, resignation or removal of the Vacancies-
president, vice president, or any director, at any time be-
tween the annual elections, such vacancy may be filled for
the remainder of the year, whenever they may happen,
by the board of directors, and in case of the absence of
the president and vice president the board of directors
shall have power to appoint a president pro tempore, who
shall have and exercise such powers and functions as the
by-laws of said corporation may provide. In case it should
at any time happen that an election shall not be made on
1853.
30
Commissioners.
any day on which, in pursuance of his act, it ought to be
made, the said corporation shall not for that cause be dis-
solved, but such election shall be held at any other time
directed by the by-laws of said company.
, ^ . 8 11. That when the lands of any /em?72C5 covert T,er-
Lsuds of persons 3 . • > r .1 • i. i. ^ i n
non compos, &.C sons Underage, 7io7i compos mentis, or out oi this state, snail
be taken in the construction of said railroad, as is provi-
ded by this act, the said corporation shall pay the amount
that shall be awarded as due to the last mentioned owners
respectively, whenever the same may be lawfully deman-
ded, together with six per cent, per annum; that to ascer-
tain the amount to be paid to persons named in this sec-
tion, for lands taken for the use of said corporation, it
shall be the duty of the governor of this state, upon notice
given to him by the said corporation, to appoint three com-
missioners, to be persons not interested in the matter to be
determined by them, to determine the damages which the
owner or owners of the land or real estate so entered upon
by the said corporation has or have sustained by the occu-
pation of the same; and it shall be the duty of said com-
missioners, or a majority of them, to deliver to said corpor-
ation a written statement of the award or awards they
shall make, with a description of the land or real estate ap-
c'i' praised, to be recorded by the said corporation in the
clerk's office in the county in which the land or real estate
so appraised shall be, and then the said corporation shall
be deemed to be seized and possessed of the fee simple of
all such lands or real estate as shall have been appraised by
the said commissioners. Said company shall have the power
of cxten-^Q extend its railroad to the coal lands now owned by said
company on the line of the Central Railroad, and for that
purpose full power is hereby given to said company to make
and execute sucli contracts with any other company as
will secure the objects of such extension,
§ 12. Said company is hereby authorized, from time to
I'.' """"^time, to borrow such sum or sums of money as may be ne-
cessary for completing and finishing or operating their said
railroad, and to issue and dispose of their bonds in denom-
nations of not less than five hundred dollars, bearing a rate
of interest not exceeding seven ^^cr ccu/«?7i per annum, for
any amount so borrowed, and to mortgage the corporate
property and franchise, or convey the same by deed of
of trust, to secure the payment of any debt contracted by
said company for the purposes aforesaid; and the direc-
tors of said company may confer on any bond-holder of
any bond issued for money borrowed as aforesaid, the right
to convert the principal due or owing thereon into stock
of said company, at any time not exceeding ten years from
the date of the bonds, under such regulations as the direc-
tors of said company may see fit to adopt, and all sales of
^1 1853.
such bonds that may be made at less than their par value
shall be good and valid and binding upon said corporation
as if such bonds had been sold lor the full amount tiiereof
§ 13 The width of said railroad is to be determined by wunt or ro.,.
the said corporation witlnn the limits prescribed bv thl
first section of tiiis act. ^
§ 14. This act shall be in full force from and after its Time or ecu.
passage, and said company shall commence said work within '"*""'""^"'-
two years, and complete the same to the Big Muddy river
witlun three years from the passage of this act.
Approved February 12, 1853.
AN ACT to incorporate the Beardstown and Petersburg Railroad Company, j, f.^ce F.b i"
1853. ■ "'
Section 1. Be it enacted by the people of the state o/oorporauon.
Illinois, represented in the General ^ssemblu, That all
such persons as shall become stockholders, aareeablv to
tlie provisions of this act, in this incorporation hereby cre-
ated, shall be, and for the term of fifty years from and after
the passage of this act shall continue to be, a body politic stwe
and corporate, by the name of "The Beardstown and Pe-
tersburg Railroad Company ; " and by that name shall have
succession lor the term of years above specified ; may sue oeneraipo.e..
and be sued, complam and defend in any court of law and
equity ; may make and use a common seal, and alter the
same at pleasure ; may make by-laws, rules and regula-
tions for the management of property, the regulation ?f its
affairs, and for the transfer of its stock, not inconsistent
with existent laws and the constitution of this state and of
the United States, and may, moreover, appoint such sub-
ordmate agents, officers and servants as the business of
said company may require, prescribe their duties, and re-
quire bond lor the faithful performance thereof
§ 2 That Amos Dick, Charles Sprague, V. A. Turnin
E. R Saunders, David Ivreaness, Charle? Chandler, tC-' ""^""^'"^^•
as Plasters, Robert Davidson, Thomas T. Dowell, A D
VV right, be and are hereby appointed commissioners for
the purpose of procuring subcriptions to the capital stock
of said company, whose duty it shall be to open books for
subscription to the capital stock of said com^pany, giving
notice of the time and place when and where said books
wi 1 be opened, at least tiiirty days previous thereto, by
publication in some newspaper published in the citv of
Beardstown.
The said commissioners, or a majority of them, shall at-
tend at tne place appointed for the opening of said books, "p''"'"^ ^"'^'''
■ Kotfce.
IS
Commissioners.
Capital stock.
and shall continue to receive subscriptions, either person-
ally or by such agents as they shall appoint for that pur-
pose, until the sum of twenty-five thousand dollars shall be.
subscribed ; and as soon as the said sum of twenty-five
thousand dollars is subscribed the said commissioners shall
ticc-. o-ive twenty days' notice, by publication in a newspaper
published at Beardstown, of an election by said stockhold-
ers of a board of directors, as hereinafter provided, for the
management of said company, at such time and place ap-
pointed for that purpose. The commissioners, or a majo-
rity of them, shall attend and act as inspectors of said
election, and the stockholders present shall proceed to
elect seven directors, by ballot, and the commissioners
present shall certify the result of such election, under their
hands, which certificate shall be recorded in the record
book of said company, and shall be sufficient evidence of
the election of the directors therein named. The direc-
tors thus elected shall hold their office for one year and
until their successors are elected and qualified.
§ 3. The capital stock of said company shall be five
hundred thousand dollars, which shall be divided into shares
capitaistockmayof one hundred dollars each, and may be increased by the
be increased, ^^^^^^^^^^.g ^f g^j^j compauy to a sum not exceeding one mil-
lion of dollars, if necessary to complete the work herein
authorized ; and the same shall be subscribed for and taken
under the direction of the board of directors of said com-
pany, in such time, place and manner as the said directors
shall from time to time direct. The shares in said com-
pany shall be deemed and considered as personal property.
§ 4. The affairs of said company shall be managed by
Power of directors a board of scvcu dircctors, to be chosen annually by the
stockholders from among themselves. At all elections for
directors, each stockholder shall be entitled to one vote tor
each share held by him, and may vote either personally or
by proxy, and by a plurality of the votes given at any election
shall determine the choice, but no stockholder shall be al-
lowed to vote at any election after the first for any stock
which shall have been assigned to him within thirty days
previous to said election. The directors shall hold their
offices for one year after the election and until their suc-
cessors are elected and qualified ; and shall elect one of
j^esidcnt. their number president of said board ; and in case of any
vacancy occurring in said board of directors between elec-
tions the same may be filled by the board at any legal meet-
ing of the directors, and the person so elected to fill the
vacancy shall hold his office until the next annual meeting
of the stockholders. In case of the absence of the presi-
dent the board of directors shall have power to elect
president pro temjiore, who shall exercise, for the time be
ing, all the legal powers of the president of said company
President
tempore
33 1853.
The said board of directors shall be increased by a vote of
a majority of the stockholders present at any annual meet-
ing, to any number not exceeding thirteen.
^ 5. It shall be lawful for tiie directors to make calls payment otstoc .
upon the sums subscribed to the capital stock of said com-
pany at such time or times, and in such amounts as they
shall deem fit, giving at least thirty days' notice of each of ^""='^-
said calls in at least two newspapers published in this state;
and in case of failure on the part of any stockholder to make
payment of any call made by said directors for sixty days
after the same shall have become due, the said board of di-
rectors are hereby authorized to declare such stock so in
arrears and all sums paid thereon forfeited to said company.
§ 6. The said company are hereby authorized and em- ^^^„<,j^^.jj,g^ ^^ ,p.
powered to locate, construct and complete and to main- c^'e-
tain and operate a railroad, with a single or double track,
and with such appendages as may be deemed necessary
by the directors for the convenient use of the same, from
the city of Beardstown, in the county of Cass, by way of ^°'''**
Chandlersville, to tiie town of Petersburg, in Menard coun-
ty, and to survey and determine the line of said road upon
such route between said points as the company shall deem
most eligible. And said company are further authorized Transportation.
to use and operate said railroad, and shall have power and
authority to regulate the time and manner in which goods,
effects and persons shall be transported on the same, and
to prescribe the manner in which said railroad shall be
used, and the rate of toll for transportation of persons and
property thereon, and for the storage of merchandise and
other property under their charge, and shall have power to
provide all necessary stock and material for the operation
of said road, and shall have power to erect and maintain all
necessary depots, stations, shops and other buildings, and
machinery for the accommodation, management and oper-
ation of said road.
§ 7. That said company are hereby authorized, by their Preiiaiinary sm-
engineers and agents, to enter upon any lands for the pur- ^*''^'
pose of making the necessary surveys and examinations of^'^htof w*y.
said road, and to enter upon, take and hold all lands ne-
cessary for the construction of said railroad and its appen-
dages, first making just and reasonable compensation to
tlie owners of said lands for any damage that may arise to Damages.
them from the building of said railroad ; and in case the
said company shall not be able to obtain the title to the
lands through which the said road shall be laid, by pur-
jcliase or voluntary cession, the said company are hereby
authorized to proceed to ascertain and determine the dam-
age sustained by such owner or owners, in the maimer and
upon the principles provided for the acquisition of tiie right
of way by the Ohio and Mississippi Railroad Company, in sipput. k.'co'""
1853. 34
the act entitled "An act to incorporate the Ohio and
Mississippi Railroad Company, and for other purposes,"
approved February 12th, 1851.
p,mei- t„ hon-o:x § 8. The Said company are authorized and empow-
money. ^^.^j ^^ borrow, from time to time, such sum or sums of
money, not exceeding the capital stock of the company,
•as in their discretion may be deemed necessary to aid in
the construction i-.f Raid work, and to pay anj rate of in-
terest therefor not exceec'mg ten per cent., and to pledge
and mortgage said road and its appendages, or any part
thereof, or any other property or effects, rights, credits or
franchises of the said company, as security for any loan of
money and interest thereon, and to dispose of the bonds is-
sued for such loans at such rate and on such terms as the
board of directors may determine.
§ 9. Said corporation shall be bound to repair all pub-
R^pairhigiiw?.ys, jjg highways, bridges and water courses which may be in-
jured in constructing the said railroad or its appendages,
and shall restore them, as far as practicable, to as good a
condition as they were before they were injured-
inion with other § 10. It shall be lawful for the said company to unite
roads. ^j^[^ ^^y othcr railroad company Avhich may have been or
may hereafter be incorporated by the state, at or along the
route of the road hereby authorized to be constructed, and
to grant to any such company the right to construct and
use any portion of the road hereby authorized to be con-
structed, upon such terms as may be mutually agreed upon
between the said companies.
Time of com- §11- The Said company shall be allowed three years
raencement. ^^^^^ ^j^^ passagc of this act for the commencement of said
railroad ; and in case the same is not completed in ten
years thereafter, the privileges herein granted shall be for-
feited.
Public act. § 12. This act shall be deemed and taken as a pub-
lic act, and shall be construed beneficially for all pur-
poses herein specified or intended.
Approved February 12, 1853.
In force Feb. 11, 1^]!^ ACT to construct a railroad from Jacksonville, in Morgan county, to
1S53. ' Rock Island.
Section 1. Be it enacted by the peop/e of the state of
cori-orutors. JlUnois, represented 111 the General , Assembly, That Alex-
ander M'Donald, David Robb, V. A. Turpine, Charles
Sprague, Charles Farwell, E. M. M. Clark, James L.An-
derson, James M. Campbell, James B. Hyle, Ivory Quim-
35 1853.
by, James W. Davidson and Lemuel Andrews, and their
associates, successors and assigns, are hereby created a
body corporate and politic, under the name and style of the
"Upper and Lower Mississippi Railroad Company," and by styio.
that name be and tiiey are hereby made capable in law
and in equity to sue and be sued, plead and be impleaded,
defend and be defended, in any court of law and equity in
this state, or in any other place; to make, have and use a*^'*^'*'"' i"^"'"'*-
common seal, and the same to renew and alter at pleasure;
and shall be and are hereby vested Avith all the powers,
privileges and immunities which are or may be necessary
to carry into effect the purposes and objects of this act as "'^'^ ''
hereinafter set forth; and the said company are hereby au-
thorized and empowered to locate and construct and finally
complete a railroad from the town of Jacksonville, in Morgan
county, by way of Beardstown, Frederickville, Rushviile,
Macomb and Mopmouth, to Rock Island, and for this purpose
said company are authorized, upon the most eligible and pro-
per route, to lay out their said railroad wide enough for a
single or double track, through the whole length, and may
enter upon and take a strip not exceeding one hundred feet
in width, and for the purpose of cutting embankments, stone
and gravel, may take as much more land as may be neces-
sary for the proper construction of and security of said
railroad : Provided, said company shall not be fully organi-
zed and be capable of constructing their said railroad until
one thousand dollars per mile of the stock of said compa-
ny shall, in good faith, be subscribed, and ten per cent,
thereof be paid, agreeably to the provisions of the act enti-
titled "An act to provide for a general system of railroad
incorporations," passed November 5, 1849.
§ '2. The capital of said company siiali consist of one carjuai stock.
million dollars, and may be increased to two millions dol-
lars, to be divided into shares of one hundred dollars each.
The immediate government and direction of said company
shall be vested in seven directors, who shall be chosen by directors.
the stockholders of said company in the manner hereinafter
provided, who shall hold tlieir ollice for one year after
election, and until others shall be duly elected and quali-
fied to take their places as directors, and the said direc-
tors, a majority of whom shall form a quorum for the trans-
action of business, shall elect one of their number to be
the president of the company; that the said board of direc-i'ie^idcut.
tors shall have power to appoint all necessary clerks, sec-
1 ir , .'. , All other offlceri.
retary and other officers necessary m the transaction ot trie
business of said corporation.
§ 3. The said corporation is hereby authorized, by their p_.^i^_^_.^^^_^, ^^^
agents, surveyors and engineers, to [cause] such examina- Tey.
tions and surveys to be made of the ground and country
between the points herein named as shall be necessary to de-
1853.
36
Anniuvlineptlnt's.
CommissloncrB.
termine the most advantageous route for the proper line or
course whereon to construct their said railroad, and it shall
be lawful for said company to enter upon and take posses-
sion of and use all such lands and real estate as may be
necessary for the construction and maintenance of their
said railroad: Provided, tiiat all lands or real estate en-
tered upon and taken possession of and used by said cor-
poration for the purposes and accommodation of said rail-
road, or upon which the site for said railroad shall have
been located or determined by the said corporation, shall
be paid for by said con pany in damages, if any be sustain-
ed by the owner or owners thereof, by the use of the same
for the purposes of said railroad, and all lands entered upon
and taken for the use of said corporation which are not
donated to said company shall be obtained and paid for in
the manner provided for taking lands for the construction
of public roads, canals and other public works as prescri-
bed in the act concerning right of way, approved June 22d,
1852.
§ 4. If any person shall wilfully, m>aliciously or wan-
tonly, and contrary to law, obstruct the passage of any car
on said railroad, or any part thereof, or any thing belong-
ing thereto, or shall damage, break or destroy any part of
the railroad, or implements, or buildings, he, she or they,
or any person assisting, shall forfeit and pay to said com-
pany, for every such offence, treble the amount of damages
that shall be proved before a competent court has been sus-
tained, and be sued for in the name and behalf of said com-
pany; and such offender or offenders shall be deemed
guilty of a misdemeanor, and shall be liable to indictment,
in the same manner as other indictments are found in any
county or counties where such offence shall have been com-
mitted; and upon conviction every such offender shall be
liable to a fine not exceeding five thousand dollars, for the
use of the county where such indictment may be found.
§ 5. The time of holding the annual meetings of said
company for the election of directors shall be fixed and de-
termined by the by-laws of said company; and at all meet-
ings each stockholder shall be entitled to a -\ote in person
or by lawful proxy, one vote for each sliare of stock he, or
she or they may hold hima fide in said company.
§ 6. The persons named in the first section of this act
are hereby appointed commissioners, who, or a majority of
them, are hereby authorized to 0j)en subscription books for
said stock at such places as they may deem proper. The
said commissioners shall require each subscriber to pay
five dollars on each share subscribed at the time of sub-
scribing, and whenever one hundred thousand dollars shall
be subscri!)ed the said commissioners shall call a meeting
of the stockholders, by giving thirty days' notice in some
37 1853.
newspaper printv^d in the county of Schuyler, and at such
meeting it shall be lawful to elect the directors of said
company, and whenever the directors of said company are
chosen ihe said commissioners shall deliver said subscrip-
tion books, with all sums of money received by thcjn as
commissioners, to said directors. No person shall be a di-
rector in said company unless lie shall own at least five
sliares of the capital stock.
§ 1 . That the right of way and the real estate purchas-PiuiJtrty.
ed for tl'.e right of way by said company, whether by mu-
tual agreement or otherwise, or wliich sliall become the
proj)erty of the company by operation of law as in this act
provided, shall, upon the payment of the amount of money
belonging to the owner or owner of said lands as a com- .
pensation for the same, become tlie property of the said
company in fee simple.
§ 8. The said corporation may take and transport upon Trans.ior r:<,
said railroad t>ny person or persons, merchandise or other
property, by the force and power of steam, of animals, or
any combination of them, and may fix, establisii, take and
receive such rates of toll for all passengers and property
transported upon the same, as tlie directors shall, from
time to time, establish; and the directors are hereby au-
thorized a!id empowered to make all necessary rules, by-
laws, regulations and ordinances, that they may deem ne-
cessary and expedient to accomplish the designs and pur-
poses, and to carry into effect the provisions of this act, and
for the transfer and assignment of its stock, which is hereby
declared personal property, and transferable in such man-
ner as shall be provided for by the by-laws and ordinances
of said corporation.
0 9. The directors of said company, after the same is „
organized, sliall have power to open books in the manner tors.
prescribed in the sixth section of this act, and to fill up the
additional one million dollars of stock, or any part thereof,
at such times as they may deem it for the interest of said
company; and all the instalments required to be paid on
the stock ori^anally to be taken, and what may be taken
to increase said caj)ital, shall be paid at such times and in
such sums as said directors may prescribe.
§ 10. In case of the death, resignation or remo^'al of vacnr.cics.
the president, vice president, or any director at any time
betv/een the annual elections, such vacancy may be filled
for the remainder of the year, whenever they may happen,
by the board of directors ; and in case of absence of the
president and vice president, the board of directors shall
have power to appoint a president y^ro tempore, who shall
have and exercise such powers and functions as the by-laws
of said corporation may provide. In case it should at
any time happen that an election shall not be held on any
1853. 38
day on which in pursuance of this act it ought to be held,
the said corporation sliall not for that cause be deemed
dissolved, !)ut such election shall be held at any other time
directed by the by-laws of said corporation.
^11. That whenever it shall be necessary for the
construction oi said railroad to intersect or cross any water
course or any road or highway between the points afore-
said, it shall be lawful for the corporation to construct
their railroad across or upon the same: Provided.^ that the
corporation shall restore the water course, or road, or
highway thus intersected to its former state, or in a suffi-
cient manner not to have impaired its usefulness.
Cj(.:toistodcmay § 12. That the capital stock of said company may be
liciucnasca. increased from one million dollars to two million dollars
from time to time by new subscriptions, if such increase
shall be foimd necessary to fulfil the intention of this act,
upon the directors for the time being giving the notice as
herein required, previous to the opening of the subscrip-
tion books for the original stock herein, and that all stock
of said corporation shall be deemed personal property ai.d
transferable in such manner as the said corporation shall
by its by-laws prescribe.
§ 13. That it shall be lawful for the directors to require
iM.v!iuT.ioi stock, payrfn^nt q{ \\^q sums subscribed to the capital stock at such
times and in such proportion and on such conditions as they
shall deem fit, under the penalty of the forfeiture of all previ-
ous payments thereon, and shall give notice of the payments
thus required, and of the place and time when and where
the same are to be paid, at least ninety days previous to
the payment of the same, in some public newspaper of this
state, published in some one of the places where the notice
for the opening the books for subscription to the capital
stock may have been published.
wiiitii of rortd. § 14. The width of said railroad is to be determined
by the said corporation, within the limits prescribed by the
[first] section of this act.
§ 15. The said corporation may, for the purposes of
'"nov! "'"""'locating, constructing and maintaining said road, borrow
money at an interest not exceeding eight per cent, per
annum, and pledge tlie road, and all or any part of its pro-
perty and effects, for the repayment thereof, and may loan
any surplus funds at such rate of interest asis now allow-
ed upon money loaned. If said road shall be constructed
between any of the j)oints herein named within ten years
from the passage of this act, the corporation shall continue
to exist, and have, use, manage and control the same as
though the whole length of road had been completed.
Every county through whicii said railroad shall run may sub-
scribe any sum not exceeding fifty thousand dollars to the
I'rcvijo. capital stock of said company: Provided, the consent of
39 1853.
'^he legal voters of such county shall be first obtained; and
it shall be lawful for such counties to issue and negotiate
these bonds for the purpose of meeting sucii subscriptions: proviso.
Provided, no higher rate of interest that seven per cent,
shall be paid on such bonds.
Approved February 11, 1853.
AN ACT to incorpora,te the State Line and Mississippi Railroad Corjuany. in force Feb. V2.
1853.
Section 1. Be it enacted by the people of the date of
Illinois, represented in the General ^i^,se?/i/;/y, That all such corpovatioD,
persons as may hereafter become stockholders according to
the provisions of this act in the corporation hereby created,
tlieir successors and assigns, shall be and are hereby created
a body politic and corporate, with perpetual succession, by
the name and style of tlie State Line and Mississippi Railroad style.
Company, and by that name may sue and be sued, plead and General rower?.
be impleaded, defend and be defended, in all courts of law
and equity, in tliis state or elsewhere ; may have and use a
common seal, and the same alter or renew at pleasure ; and
shall be and are hereby vested with all the powers, privile-
ges and immunities that are or may be necessary to carry
into efiecf. the objects and purposes of tiiis act ; and the said otrests.
compau}' are hereby authorized and empowered to locate,
construct, maintain, equip, and operate a railroad from the
northern line of the state of Illinois to the Mississi})pi riv-
er at any point not south of Savanna, and for tliis purpose
may take, use, occup}^ and enjoy, in the manner herein pro-
vided for right of way, lands not exceeding one hundred
feet in width on the whole of said line, and for the purpose
of cuttings, embankments, stone and gravel, may take as
much more land as may [be] necessary for the construc-
tion and maintenance of said railroad.
§ 2. The capital stock of said company shall be one capita stok.
million of dollars, with power in the board of directors to
increase the same to an amount not exceeding tiie actual
cost of the construction and equipment of said road, which
capital slock shall be divided [intoj shares of one hundred
dollars each, shall be deemed and held personal property,
and shall be transferred in such manner as the by-laws of
the company may direct.
§ 3. That E. N. Barber, N. Hunt, William Lee, Wil- commissioners.
Ham Mathews, Abel English, WilHam Smith, Daniel Rey-
nolds, William C Easton and Thomas Brown, be and they
are hereby appointed commissioners, whose duty it shall
1853.
40
ouce. ^^' at such times and places and upon such notice as a ma-
jority of them shall deem proper, to open books for sub-
scription to the capital stock of said company; said books
to remain open until the sum of two hundred and fifty thou-
sand dollars shall be subscribed ; and thereupon such com-
missioners shall give public notice to the stockholders to
meet at a time and place in said notice specified, and elect
irectors. ^ board of thirteen directors to manage the affairs of said
company ; and said persons, when so elected, shall be di-
rectors for one year, and until their successors are elected
ectionotpresi-and qualified. They shall elect one of their number pres-
ufficere.^^ °''^'^'^ident, and such other officers and servants as they may
deem necessary for the transaction of the business of said
company. An annual meeting of stockholders shall be
afterwards holden at such time and place as may be fixed
by the by-laws of the company, for the election of direc-
tors, which election shall be conducted by three inspectors,
to be chosen by the stockholders present, and each stock-
holder shall be entitled, in person or by proxy, to one vote
for each share of stock he may hold, and on which all calls
made have been paid. A majority of the directors shall
be a quorum for the transaction of business.
§ 4. The said corporation is hereby authorized, by its
_^. . surveyors, agents and officers, to make such surveys of the
vey. line of said road as to determine the most eligible and di-
rect route upon which to construct the same, and it sliall
ightofway. j^g lawful for Said company to enter upon, take possession
of, and use all such land and real estate as may be neces-
sary for the construction and maintenance of their said rail-
road, its depots, side tracks, water stations, engine houses,
and other buildings, and appendages necessary to the con-
•ovigo. struction and working of said road : Provided^ that all such
lands or real estate so entered upon and taken shall be
paid for by said company in damages, if any be sustained
by the owner or owners thereof; and if the company and
said owner or owners cannot agree u{)on the amount of
amases. gg^i^j damages, or if any of said owners shall be minors, in-
sane persons, married women or non-residents, then the
amount of said damages shall be assessed and recovered
in the manner provided for taking lands for the construc-
tion of public roads, canals, or other public works, as pre-
scribed by the act concerning right of way, approved
March 3d, 1845.
ropcriy. § ^' The right of way and the real estate purchased for
the use of said company, wliether by mutual agreement or
otherwise, sluill, upon the payment of the amount contrac-
ted for, or assessed as damage? ujion the same, become the
property of said company in fee simple.
nvvor ot dine- § 6. Tiic dircctors of said company, after the same is
'^"'*' organized, shall have power to open books in the manner
41 1853.
prescribed in the third section of this act, to fill up the
additional capital stock, or any part thereof, at such '°"^^^°°^'*'^'^'^-
times as they may deem it for the interest of said company,
and to call the instalments on such stock, and that previ-
ously taken, at such times as they may deem proper.
§ 7. The said corporation may take and transport on Trinsponation.
said railroad, passengers, merchandise and property, by the
force and [power] of steam or animals, or any combination
thereof, and may fix, establish, take and receive such rates
of toll or freight for such passengers and property as the
directors may from time to time determine ; and the direc-
tors are hereby authorized and empowered to make all ne-
cessary by-laws, rules and regulations that they may deem
necessary and expedient to carry into effect the provisions
of this act.
§ 8. In the event of the death, resignation or removaP''"^'^""'^^'
of any director, the vacancy or vacancies so created shall
be filled by the remaining directors until the next annual
election. In case it shall at any time happen that an
election shall not be held on the day designated therefor,
the said corporation shall not for that cause be dissolved,
but such election may be held at any time within twenty
days thereafter, upon such notice as may be required of
the annual election.
§ 9. Whenever it shall be necessary in the construe- intersections,
tion of said railroad, to intersect or cross the track of any
other railroad, or to cross any stream of water, ravine, road
or highway on the route of said road, it shall be lawful for
said company to construct their road across or upon the
same: Provided, that the said company shall restore the I'ro^iso.
railroad, stream of water, water course, road or highway
thus intersected or crossed to its former state, or in a suf-
ficient manner not materially to impair its usefulness.
§ 10. Said company shall have power to unite its rail- ^".I.X"'' ''''''
road with any other railroad now constructed within this
state, upon such terms as may be mutually agreed upon
between the companies so connecting ; and for that pur-
pose full power is hereby given to said company to make
and execute such contracts, leases, or other agreements
with any other company as will secure the objects of such
connection, shall only connect with such railroads as it may
cross on its route.
§ 11. Said company is hereby authorized and empow- Power foboriow
ered to borrow money to aid in the construction, equip- "'""'y-
ment and maintenance of its said road, to issue and dispose
of its bonds therefor, and as security, to moitgage its said
road, property and franchises; and all sales of said lands
[bondsj that may be made at less than their par value,
shall be as valid and binding upon said corporation as if said
bonds had been sold for the full amount thereof.
1853.
42
§ 12. If any person shall wilfully, maliciously or wan-
tonly obstruct the passage [of any] engine or car on said
railroad, or any part thereof, or sliail damage, break or de-
stroy any part of said railroad or buildings, cars or machin-
ery thereof, every such person so offencling shall be deemed
guilty of a misdemeanor, and upon indictment therefor and
conviction thereof, shall 1)6 liable to a fine of not exceeding
five hundred dollars, and may be imprisoned not exceeding
one year, at the discretion of tlie court, and shall further be
liable to said railroad company in treble the amount of dam-
ages sustained, to be recovered in any court of competent
jurisdiction.
§ 13. This act shall be in force from and after its pas-
sage, and said company shall commence said work within
two years, and com[)lete the same within five years from
the passage of this act.
Approvkd February 12, 1853.
In forcH Feb. 10, AN ACT (o incorporate the Galena and Mississippi Intersection Railroad
l^'^s. Company.
Section 1. Be it enacted by the people of the state nf
corporators. llUnoi'i^ represented in the General ^dssembly, That Alex-
ander C. Davis, S. S. Merrell, Isaac P. Stevens, Cyrenus B.
Denio and M. Y. Johnson, and all such persons as shall
hereafter become stockholders in the company hereby in-
corporated, sliall be a body politic and corporate, by the
style. name and style of "Tiie Galena and Mississippi Intersection
Railroad Company ;" and under that name and style shall be
Ganerai powers, capable of suciug and being sued, imj)leading and being im-
pleaded, defending and being defended, in law and equity, in
all places whatsoever, in as full a manner as natural per-
sons ; may make and use a common seal, and alter or re-
new the same at pleasure ; and by their said corporate
name and style vshall be capable of contracting and being
contracted with, and shall be and are hereby invested with
all the powers, privileges, immunities and franchises, and
of acquiring oy purchase or otherwise, and of holding and
conveying real and ])ersonal estate which may be needful
to carry into eft'ect fully the j)urposes and objects of this
act.
§ 2. The said corporation is hereby authorized and em-
objocis. powered to survey, locate, construct, complete, alter,
maintain and operate a railroad, with one or more tracks
or lines of rails, IVom t!ie southern or western limits of the
city of Galena to a point on the Mississippi river at or near
43 1853.
the most practicable point opposite the Tete de Mort Val-
ley. Said corporation shall have the right of way upon
and may appropriate to its sole use and control, for the
purposes contemplated, land not exceeding two hundred
feet in width through its entire length, and may enter upon
and take possession of and use, all and singular, any
lands, streams and materials of every kind, for the location
of depots, stations, and may construct bridges, dams, em-
bankments, excavations, station grounds, spoil banks, turn-
outs, engine houses and other buildings necessary for the
completion and full operation, preserving, maintaining and
continuing of said road; and all such lands, waters, materi-
als and privileges belonging to the state are hereby given
to said corporation for said purpose ; but when owned by
any other person or persons, and cannot be obtained by
voluntary grant or release, the same may be obtained, ta-
ken and paid for, if any damages are awarded, in the man-
ner provided for in an act concerning the Illinois Central
Railroad company and amendments, with the limitations,
restrictions, rights and privileges, so far as the same are ap-
plicable.
§ 3. The capital stock of said corporation shall be three capital stock.
hundred thousand dollars, divided into shares of one hun-
dred dollars, which shall be deemed personal property, and
may be issued and transferred in such manner as the board
may direct, who shall have power to require tlie payment
of sums subscribed by stockholders in such manner as they
may deem proper; and on refusal or neglect to make pay-
ment on requisition of said board, the shares of said delin-
quents may be sold by the order of the board, on giving
thirty days' notice, under the rules and by-laws of the
board, and the surplus, after deducting the payment due
said corporation, sliall be paid to such delinquent stock-
holder.
§ 4. The corporators herein named shall cause books g,j,,^,,i.iption,
to be opened for the subscription of stock, in such manner,
time and place as they may think proper, and when a
sufficient amount of stock is subscribed and actually
paid in, said company may make the same a basis to ef-
fect a loan to complete said railroad. And all the cor- Loan money.
porate powers of said company shall be vested in a board of
directors, and such officers, agents and attorneys as they
may appoint, each sliare having one vote, to be given in
person or by proxy, and all vacancies may be filled by the
board from the stockholders, until the next annual election;
and all officers, agents, servants and attorneys, whether
members of the board or not, may be paid off and dismissed
under such rules as the board may adopt.
§ 5. That said corporation hereby created is fully au- ^
intersect, consolidate or con-
nion with oUior
roads*
Ig53. 44
struct said road in connection with any other railroad
either within the state of Illinois or elsewhere, and all the
rights secured to either of said roads are hereby secured to
the consolidated road, and may cross, run along with or upon
the line of any other railroad now constructing or now in
process of construction by any other company. The com-
pany formed by this act shall join with any other company
in making all necessary turn-outs, switches and other con-
veniences, to further the object of such connection. And
when the route of any other company shall be occupied, or
the same cannot be agreed as to the terms on which such
parts of said road may be used, the same shall be submit-
Ar'oitrators. ted to arbitration — said arbitrators being appointed by
the judge of the circuit court, whose award shall embrace
all matters of differences, and be final and conclusive on
Proviso. ^j^g parties : Provided^ that this section shall and be so con-
strued as to permit said company to extend said road to
any other road or point other than between the two termin-
us of said road.
Acceptance of act § 6. That all grants herein contained shall cease and
be void unless accepted by said company within ninety
days after the passage of the act, the same being a public
act, and to be construed liberally for the purposes herein
declared.
§ 7. That all the rights, privileges and advantages, with
Central road ap- the limitations and restrictions conferred on the Illinois
piicabie. Central Railroad Company, so far as the same are applica-
ble, are hereby conferred on this company.
Approved Februarj' 10, 1853.
In force Feb. 12. -^^ ACT to incorporate the Mendon Branch Railroad Company.
1853.
Section 1. Beit enacted hy the people of the state of
Illinois, represented in the General ^Issembli/, That all such
Corporation. persons that as shall become stockholders agreeably to
the provisions of this act in tliis cor[)oration hereby crea-
ted, shall be, and for the term of sixty years from and af-
ter the passage of this act shall continue to be, a body cor-
porate and politic by the name and style of "The Mendon
Branch Railroad Company," and by that name shall have
succession for the term of years above specified; may sue
and be sued, complain and defend, in any court of law or
equity ; may make and use a common seal, and alter the
same at pleasure ; may make by-laws, rules and regula-
tions for the management of property, the regulation of its
affairs, and for the transfer of its stocks, not inconsistent
style.
General powers.
45 1853.
with the existing laws and constitution of this state or of
the United Slates ; and may, moreover, appoint such sub-
ordinate agents, officers and servanty as the business of the
said company may require, prescribe their duties, and re-
quire bond for the faithful performance of their trust.
§ 2. That Peter Wible, Edward Fowler, J. L. Arnold, commissioners.
S. R. Chittenden, Daniel Bradley, William Laughlin, A.
Francis, C. Hooper, William Nelson be and they are here-
by appointed commissioners for the purpose of procuring
subscriptions to the capital stock of said comj)any, whose
duty it shall be to open books for subscription to the cap-
ital stock of said company, giving notice of the time and^°'"^^'
place when and where said books will be 0})ened, at least
thirty days previous thereto, by publishing in some news-
paper printed and published in the city of Quincy, and also
by putting up printed or written notices thereof at the town
of Mendon, and along the line of the proposed road. The
said commissioners, or a majority of them, shall attend at
the places appointed for the opening of said books, and
shall continue to receive subscriptions, either personally
or by such agents as they shall appoint for that purpose,
until the sum of twenty thousand dollars shall have been
subscribed, and as soon as said sum of twenty thousand
dollars is subscribed, the said commissioners shall give
twenty days' notice, by publication in some newspaper
published in the city of Quincy, of an election by said
stockholders of a board of directors, as liereinafter provided. Directors.
for the management of said company, at such time and place
appointed by said directors for that purpose. The said com-
missioners, or a majority of them, shall attend and act as
inspectors of said election, and the stockholders present
shall proceed to elect seven directors by ballot, and the
commissioners present shall certify the result of such elec-
tion under their hands, which certificate shall be recorded Rg^-ji-aed.
in the record book of said company, and shall be sufficient
evidence of the election of the directors therein named.
The directors thus elected shall hold their offices for one
year, and until their successors are elected and qualified.
§ 3. The capital stock of said company shall be fifty capital ^tocu.
thousand dollars, which shall be divided into sliares of fifty
dollars each, and may be increased by the directors of said
company to any sum not exceeding two hundred thousand
dollars, if necessary to complete tiie works herein author-
ized, and the same shall be subscribed for and taken under
tiie direction of the board of directors of said company, in
such time, place and manner as the said directors shall
from time to time direct. The shares in said company
shall be deemed and considered as personal property.
§ 4. The affairs of said company shall be managed by
the said board of directors, the said directors to be chosen
1853. 46
annually by the stockholders from among themselves. At
all elections for directors, each stockholder shall be entitled
to one vote for each share held by him, and may vote either
personally or by proxy ; and a plurality of votes given at any
election shall determine the choice ; and no stockholder
shall be allowed to vote at any election, after the first, for
any stock which shall have been assigned to him within thir-
ty days })revious to said election. The directors shall hold
their offices for one year alter elected, and until their
successors are elected and qualified, and shall elect one
'resuient. of their number president of said board ; and in case of any
vacancy occurring in said board of directors between elec-
tions, the same may be filled by the board at any legal meet-
ing of the directors, and the ])erson so elected to fill the va-
cancy shall hold his office until the next annual election of
the directors as aforesaid. In case of the absence of the
president of the board, tlie directors shall have power to
elect a president pro tempore^ who shall exercise, for the
time being, all the legal powers of the president of said com-
pany ; and the said board of directors may diminish their
number to not less than five, or increase the same to any
number not exceeding ten, by a vite of the majority of the
stockholders present at any annual meeting.
•ayniLMit 01 stock ^ 5^ It shall be kwful for the dircctors to make calls
upon the sums subscribed to the capital stock of said com-
pany, at such time or times and in such amount as they shall
^.otices. deem fit, giving at least thirty days' notice of each of said
calls in at least two public newspapers published in this
state, one of which notices 'shall be published in a public
newspaper published in the city of Quincy ; and in case of
failure on the part of any stockholder to make payment of
any call made by said directors for sixty days after the
same shall be due, the said board of directors are hereby
authorized to declare the said stock in arrears, and all sums
paid thereon forieited to said company.
•i.jects. ^ 6. The said company are hereby authorized and em-
powered to locate, construct, and comj)lete, and maintain,
and operate, a railroad with a single or double track, and
with such appendages as may be deemed necessary by the
directors for the convenient use of the same, from the town
of Mcndon, in the county of Adams, to the city of Quincy, in
said county, and to survey and determine the time [linej of
said road upon such route as the said company sliall deem
■nkm Willi N.e. the most eligible; and it shall be lawful for the said com-
ttaiiroftd. pany to unite with the Northern Cross Railroad Company,
and to grant to said company the right to contract and use
any portion of the road hereby authorized to be built and
constructed, upon such terms as may be mutually agreed
upon between said railroad com])anies ; and the said com-
pany may connect with said road of the Northern Cross
47 1853.
Railroad Company, with the consent of the said Nortliern
Cross Raih'oad Company, at any point on said road within
within fifteen miles of the said city of Qiiincy. The said
company are further authorized to use and operate said
railroad, and shall have power and authority to regulate
the time and manner in which goods, elFects and persons
shall be transported on the same, and to prescribe the man-
ner in which said railroad shall be used, and the rate of toll
for the transportation of persons and property thereon, and
for the storage of merchandise and other property under
their charge, and shall have power to provide uU necessa-
ry stock and material for the operation of said road, and
sliall have power to erect and maintain all necessary de-
pots, stations, shops, and other buildings and machinery for
the accommodation, management and operation of said road.
§ 7. That said company are hereby authorized, by their ^'^'" °^ *•"-'■
engineers and agents, to enter upon any lands for the pur-
pose of making the necessary surveys and examination of
said road, and to enter upon and take hold of any and all lands
necessary for the construction of said railroad, first making
just and reasonable compensation to the owners of said land
for any damage which may arise to them from the build-
ing of said road ; and in case the said company sliall not
be able to obtain the title of said lands through which said
road shall be laid, by purchase or otherwise, or voluntary
cession, the said company are hereby authorized to proceed
to ascertain the damage sustained by such owner or own-
ers, and determine the same in the manner and upon the^^™*'^*^'
principles provided in an act entitled "An act to amend the
law condemning right of way for purposes of internal im-
provement,'' in force June 22d, A. D. 1852: Pruvided,TToyiso.
that after appraisal of damages as provided in said act, and
upon deposit of the amount of such appraisal with the clerk
of circuit court of tlie county of Adams, the said company are
hereby authorized to enter upon such lands for the con-
struction of said road.
5 8. The said company are authorized and empowered po'^*''' ^"^ ■•'•"
•J ^ . ' . , ^ money.
to borrow, irom time to time, such sums ot mone}', not ex-
ceeding the capital stock of said company, as in their opin-
ion may be deemed' necessary to aid the construction of
said road, and to pay any rate of interest therefor not ex-
ceeding ten per cent., and to pledge and mortgage the said
road and its appendages, or any part thereof, or any other
property or effects, rights, credits or franchises of the said
company, as security for any loan of money and interest
thereon, and to dispose of the bonds issued for such loan at
such rate or on such terms as the board of directors may
determine.
6 9. Said corporation shall be bound to repair all pub- jig,„.j^igjj^_,
lie highways, bridges and water courses wiiich may be in-
1853.
48
jurcd in constructing the said road, and shall restore them,
as far as practicable, to as good a condition as tiiey were
before they were injured.
§ 10. Any person who shall wilfully injure or obstruct
the said road, or any of tlie appendages thereto, shall be
deemed guilty of a misdemeanor, and shall forfeit to the use
of the company a sum three-fold the amount of the damage
occasioned by such injury or obstruction, to be recovered
in an action of debt in the name of said company, -with costs
of suit, before any justice of the peace or before any court
of record in this state.
§ 11. The said company shall be allowed three years
from the passage of this act for the commencement of the
construction of said railroad; and in case the same shall
not be completed in ten years thereafter, the privileges
herein granted shall be forfeited.
§ 12. This act shall be taken and deemed a public act,
and shall be construed beneficially for the purposes herein
specified or intended.
Approved February 12, 1853.
AN ACT TO incorporate the Peoria and Bureau Valley Railroad Company.
Section 1. Be it enacted hy the j)eople of the state of
Itlmozfi, repre.fsented in the General Jihsemhly^ That Wil-
""''''''''• liam S. Maus, John S. Griswold, Isaac Underbill, James
H. Temple, Benjamin Lombard, Richard Loyd, Thomas
Harless and JohnMoffit, and their associates, successors and
assigns, are hereby created a body corporate and politic,
,ie, fee. under the name and style of "The Peoria and Bureau Val-
ley Railroad Compan}'," with perpetual succession; and by
that name be and they are hereby made capable, in law and
lerai powers, equity, to sue and be sued, plead and be impleaded, defend
and be defended, in any court of law and equity in this
state, or any other place ; to make, have and use a com-
mon seal, and the same to renew and alter at pleasure, and
shall be and are hereby vested with all the powers, privi-
leges and immunities which are or may be necessary to
ie^t,. carry into effect the })urposes and objects of this act as arc
hereinafter set forth. And said company are hereby au-
tliorized and empowered to locate, construct and finally
complete a railroad from the city of Peoria, in Peoria county,
to the valley of the Bureau, in Bureau county; said railroad
hot to strike the valley any higher up or above the town of
Indiantown, on said valley of the Bureau ; said railroad to
be laid out and constructed by the most direct and eligible
49 1853.
route from the said city of Peoria to the said valley of the
Bureau; and for this purpose said comj>any are authorized,
uj)on the most eligible and direct route, to lay out their
said road, not exceeding one hundred feet in width,
through the whole length; andfor the purpose of cuttings,
embankments, stone and gravel, make take as mucli more
land as may be necessary for tlie proper construction of
and security of said railroad.
§ 2. The capital stock of said company shall consist of capM.-.isforii.
one million of dollais, to be divided into shares or one hun-
dred, dollars each. The immediate government and direc-
tion of said company sliall be vested in seven directors,
who shall be chosen by the stockholders oi' said company
in the manner hereinafter provided, wlio shall hold their
offices for one year after their election, and until others
shall be duly elected and qualified to take their places as
directors; and the said directors, a majority of wliom shall Directors.
form a quorum for the transaction of business, shall elect
one of their number to be the president of the company ; pvpsi.;eni,
that said board of directors shall have power to appoint all otiieromcir;
necessary clerks, secretaiy, treasurer, and other officers
necessary in the transaction of business of said company.
§ 3. The said corporation is h'^reby authorized, by surveyors. <«
their agents, surveyors and engineers, to cause such ex-
aminations and surveys to be made of the ground and
country between the said city of Peoria and the said valley
of the Bureau, as shall be necessary to determine the most
advantageous route for the proper line or course whereon
to construct their said railroad ; and it shall be lawful for
said company to enter upon and take possession of and use
all such lands and real estate as will or may be necessary
for the construction and maintenance of the said railroad,
its depots, side tiacks, water stations, engine houses, ma-
chine shops and other buildings and appendages necessary
to the construction and working of said road : Provided,Pioy\^"
that all the land or real estate entered upon and taken pos-
session of and by said corporation, for the purpose and ac-
commodation of said railroad, or upon which the site for said
railroad shall have been located or determined by the said
corporation, shall be paid for by said company in damages,
if any be sustained by the owner or owners thereof, by the
use of the same for the purposes of said railroad ; and all
lands entered upon and taken for the use of said corpora-
tion, which are not donated to said company, shall be paid
for by said corporation, at such price as may be mutually
agreed upon by the said corpontion and the owner or
owners of such lands ; and in case of disagreement, the
price shall be estimated, fixed and recovered in the man-
ner provided for taking lands for the construction of pub-
1853. 50
lie roads, canals, or other public works, as prescribed by
the act concerning the right of way, approved March 3,
1845.
•uai!u-.s. § 4. If any person shall wilfully, maliciously or wan-
tonly, and contrary to law, obstruct the passage of any car
on said railroad, or any part thereof, or any thing belong-
ing thereto, or shall damage, break or destroy any part of
the said railroad, or implemoits, or buildings, he, she or
they, or any person assisting, shall forfeit and pay to said
company, for every such offence, treble the amount of dam-
ages that shall be pro\ ed before any competent court shall
have been sustained, and be sued for in the name and behalf
of said company ; and such offender or offenders shall be
deemed guilty of a misdemeanor, and shall be liable to an
indictment in the same manner as other indictments are
found in any county or counties where such offence shall
have been committed ; and upon conviction, every such of-
fender shall be liable to a fine not exceeding five thousand
dollars, for the use of the county where such indictment may
be found, and may be imprisoned in the county jail for any
time not exceeding six months, at the discretion of the
court.
^ 5. The time for holding the annual meetings of said
^'"''*' ^'^'^""^' company, for the election of directors, shall [be] fixed and
determined by the by-laws of said company ; and at all
meetings each stockholder shall be entitled to a vote in
person or lawful proxy — one vote for each share of stock
he, she or they may hold bona fide in said company, upon
which all instalments called have been paid.
oommissoners. § 6. Isaac Underbill, James H. Temple and Benjamin
Lombard are hereby appointed commissi( ners, who, or a
majority of whom, after a meeting duly called by twenty
days' notice in newspapers published in Peoria and IMar-
shall counties, are hereby authorized to open subscription
books for said stock, at such places as they may deem pro-
per, and shall keep said books open until one hundred
thousand dollars of said capital stock shall be taken. Said
commissioners shall require each subscriber to pay ten dol-
lars on each share subscribed, at the time of subscribing.
The said commissioners shall immediately thereafter call a
meeting of stockholders, by giving thirty days' notice in
some newspaper printed in the counties of Peoria and Mar-
shall, and at such meeting it shall be lawful to elect the
directors of said company; and when the directors of said
company are chosen, the said commissioners shall deliver
said subscription books, with all sums of money received
by them as commissioners, to said directors. No person
shall be a director in said company unless he shall own at
least four shares of the capital stock.
51 1853.
5 7. That the right of way and the real estate pur- ,
cliased lor tlie nglit oi way by said company, wiiether by
mutual agreement or otherwise, or wiiich shall become the
property of said company by oj-eratioii of law, as in this
act provided, shall, upon the payment of the amount of mo-
ney belonging to the owner or owners of said land as a
compensation for the same, become tlie property of said
company in fee simple.
§ 8. The said corporation may take and transport upon T,ansi.r„tatioB.
said railroad any person or persons, merchandise or other t"'^*-' ^'^
property, by the force and power of steam, or animal, or
any combination of them, and may fix, establish, take and
receive such rates of toll for all passengers and property
transported upon the same as the said directors shall from
time to time establish ; and the directors are hereby au-
thorized and empowered to make all necessar)^ rules, by-
laws, regulations and ordinances that they may deem ne-
cessary and expedient to accomplish the designs and purpo-
ses and to carry into effect the provisions of this act, and
for the transfer and assignment of its stock, which is
hereby declared personal ])roperty, and transferable in such
manner as shall be provided by the by-laws and ordinan-
ces of said company.
§ 9. In case of death, resignation or removal of the vacancies.
president, vice president or any director, at any time be-
tween the annual elections, ; uch vacancy shall be filled for
the remainder of the year, whenever tliey may happen, by
the board of directors ; and in case of absence of the pres-
dent and vice president, the board of directors shall have
power to appoint a president 7;ro tempore^ who shall have
and exercise such powers and functions as the by-laws of
the said corporation may provide. In case it should, at
any time, happen that an election shall not be made on any
day on which, in pursuance of this act, it ought to be made,
the said corporation shall not, for that cause, be deemed
dissolved, but such election shall be held at any other time
directed by the by-laws of said corporation.
§ 10. That when the lands of any /ew^e coyer^, person Daniagfvi u) m-
under age, non compos mentis, or out of the state, sliall be ^^"*''' *^'""
taken in the construction of said railroad, as is provided
by this act, the said corporation shall pay the amount that
shall be awarded as due to the last mentioned owners res-
pectively, whenever the same shall be lawfully demanded,
together with six per cent, per annum. Tiiat the damages
to be paid by said company for the taking of the land of the
persons named in this section, shall be estimated and assess-
ed in the manner now in such cases provided by law.
§ 1 1. Whenever it shall be necessary for tlie construe- ini..-foction., fc«
tionof said railroad to intersect or cross a track of any oth-
er railroad, or any stream of water or water course, or
roads.
1853. 52
road, or highway on the route of said road, it shall be law-
ful for the company to construct their railroad across or
upon tlic same : Providfd^ that the said company shall re-
store the railroad, stream of water, water course, road or
or highway thus intersected or crossed, to its former state,
or in a sufficient manner not materially to impair its useful-
ness.
oaionwitb other § ^2. Said Company shall have the power to unite its
railroad with any otiier railroad now constructed, or which
may heieafter be constructed vvithin this state, on the line
of said road, or at the terminus thereof, upon suf^ii terms as
may be mutually agreed upon between the com])anies so
connecting, and for that purpose full power is hereby giv-
en to said company to make and execute such contracts
with any other company as will secure tlie objects of such
connection.
§ 13. That the said Peoria and Bureau Valley Railroad
Company shall have power to borrow money on the credit
of the company, not exceeding its authorized capital stock,
at a rate of interest not exceeding ten per cent, per annum,
payable semi-annually, and may execute bonds therefor,
with interest coupons thereto annexed, and secure the pay-
ment of the same by mortgage, or deed of trust, on the
whole or any part thereof of the road, property and income
of the company then existing, or thereafter to be acquired,
and may annex to such moitgage bonds the privilege of
converting the same into the cajjital stock of the company
at par, at the option of the holders, if such election be sig-
nified in writing to the company three years before the ma-
turity of said bonds.
N-,.c,oiiAt.?i.Qj:c!s. § 14. That the directors of said company be and they
are hereby authorized to negotiate and sell the bonds of the
said company, at such times and in such places, either within
or without this state, and at such rates and for such prices
as, in their opinion, will best advance the interests of the
company; and if such bonds are thus negotiated or sold at
a discount below their par value, such sale and disposition
thereof shall be as valid and binding on the company, in
every respect, as if they were sold or disposed of at their
par value.
Pswcr to mort- § 15. That tlic Said company, in securing the payment
t-aKe, &c. ^p ^^.j i^^j^jg i^y ^ mortgage or deed of trust on the road,
proj)erty and income of the company, shall have power to
execute a mortgage or deed of trust aforesaid, to secure
the payment of the full amount of bonds which the compa-
ny may, at the time said deed of trust or mortgage bears
date, or at any time thereafter, desire to sell and dispose of,
and may execute and sell, from time to time, such amounts
of said bonds, and of such dates, and payable to such per-
son or persons as to the directors of said company may
53 1853.
seem advisable, till the whole amount of bonds mentioned
in such mortgage or deed of trust is executed and sold, and
the said mortgage or deed of trust shall be as valid and
effectually to secure the payment of the bonds so executed
and sold, and of every part thereof, as if the same and every
part thereof had been executed of even date with the said
deed of trust or mortgage.
§ 16. This act to be in force from and after its passage.
Approved February 12, 1853.
AN ACT to construct a railroad from Jacksonville, in Morgan county, to in lorcp v»h. a
La 3.ille. in La Salle county. '863.
Section I. J^s it enacted l>y the people of the state of
Illinois, repreftented in the GeneralJUsseinblij, Tiiat George
E. Walker, William Paul, Samuel L. Fleming, Theodore Cori.ov»;<v.,.
Perry, William Fisher, William S. Maus, Gideon W. Ru-
pert, Plsilo H. Thompson, George N. Walker, N. J. Rock-
well, James M. Riiggles. F. S. D.' Marshall, Benjamin Busby,
James Dunlap, Joseph J. Cassell, Alexander McDonald, and
their associates, successors and assigns, are hereby crea-
ted a body corporate and politic, under the name and style
of the '-Illinois River Railroad Company," with {)erpetual style,
succession, and Ly that name be and they are hereby made
capable in law and in equity to sue and be sued, plead and oen"a! powers.
be impleaded, defend and be defended, in any court of law
and equity in this state, or in any other jdace, to make, have
and use a common seal, and the same to renew and alter at
pleasure, and shall be and are hereby vested with all the
powers, privileges and immunities which are or may be
necessary to carry into effect the purposes and objects ofobjctB.
this act as hereinafter set forth ; and the said company are
hereby authorized and empowered to locate and constiuct,
and finally complete, a railroad Irom the tov/n of Jackson- Routf.
ville, in Morgan county, via Virginia, in Cass county, to the
town of Bath^ Mason county, and thence by way of Pekin, in
Tazewell county, Lacon, in Marshall county, to La Salle,
in La Salle county, and for this purpose said company are
authorized, upon the most eligible and proper route, to lay
out their said railroad wide enough for a single or double
track, through the whole length, and may enter upon and
take a strip of land not exceeding one hundredfeet in width,
and for the purpose of cuttings, embankments, procuring
r.tone and gravel, may take as much land as may be neces-
sary for the proper construction of and security of said road.
§ 2. The capital stock of said company shall consist of c^p.^^i.t^.t,
one ir.UIion of dollars, and may be increased to two mil-
1853. 54
lions of dollars, to be divided into shares of one hundred
dollars each. The immediate government and direction
Directors. of Said Company shall be vested in five directors, who shall
be chosen by the stockholders of said company in the man-
ner hereinafter provided, who sliall hold their office foi- one
year after their election, and until others shall be duly
elected and qualified to take their places as directors, a
majority of whom shall form a quorum for the transaction
of business, shall elect one of their number to be the pres-
rr<?sMcnt. ident of the company; that said board of directors shall have
'^wo'nt"ti'"of- power to appoint all necessary clerks, secretaries and other
officers necessary in the transaction of the business of said
corporation.
obfcisotcn-., r- § ^' The said corporation is hereby authorized, by tlieir
atiuM. ' agents, surveyors and engineers, to cause such examina-
tions and surveys to be made of the ground and country
between the points herein named as shall be necessary to
determine the most advantageous route tor the proper line
or course whereon to construct their said railroad ; and it
shall be lawful for said company to enter upon, and take
possession of, and use all such lands and real estate as may
be necessary for the construction and maintenance of their
I'rovuo. said railroad : Provided, that all lands and real estate en-
tered upon, and taken possession of, and used by said cor-
poration for the })urposes and accommodation of said rail-
road, or upon which the site of said railroad shall have
been located or determined by the said corporation, shall
ua-j'jjfis. be paid for jy said company in damages, if any be sustain-
ed by the owner or owners thereof, by the use of the same
for the purposes of the said railroad ; and all lands entered
upon and taken for the use of the said corporation, which
are not donated to said company, shall be obtained and paid
for in the manner provided for taking lands for the con-
struction of publi(>, roads, canals, and other public works,
as described in the act concerning right of way, approved
March 3d, 1845.
iv,,n,,m^, § 4. If any person shall wilfully, maliciously or wan-
tonly, and contrary to law, obstruct the passage of any car
on said railroad, or any part thereof, or any thing belonging
ti;ereto, or shall damage, break or destroy any part of the
said railroad, or implements, or buildings, he, she or they,
or any person assisting, shall forfeit and pay to said com-
pany, for every such offence, treble the amount of dama-
ges that shall be proved before competent courts has been
sustained, and be sued for in the name and behalf of said
company, and such offender or offenders shall be deemed
guilty of a misdemeanor, and shall be liable to indictment
in the same manner as other indictments are found in any
county or counties where such offence shall have been
committed; and upon conviction every such offender shall
55 1853.
be liable to a fine not exceeding five tliou^and dollars, for
the use of the county where such indictment may ho found.
§ 5. The time of holding the annual meeting of said Annual nscthigi
company for the election of directors shall be lixed and
determined hy the by-laws of said company; and at all
meetings sucli stockholder shall be entitled to a vote, in
person or by lawful proxy, one vote for each share of stock
he, or she, or tliey may hold bona fide in said company.
5i 6. The persons named in the first section of this act commissioners.
are hereby appointed commissioners, who, or a majority of
whom, are liereby authorized to open subscription books
for said stock at such places as they may deem proper.
The said commissioners shall require each subscriber to
pay five dollars on each share subscribed, at the time of
subscribing; and whenever one hundred thousand dollars
shall be subscribed, the said commissioners shall call a
meetino- of the stockholders by giving thirty days' notice xoucc.
in some newspaper printed in the county of ; and
at sucli meetinf'- it shall be lawful to elect the directors of
said company ; and when the directors of said company are
chosen, the said commissioners shall deliver said subscrip-
tion books, with all sums of money received by them as com-
missioner-!, to said directors. No person siiall be a direc-
tor in said company unless he sliall own at least five shares
of the capital stock.
§ 7. That the right of way, and the real estate purclia- Reaiesut<-,&r.
sed for the right of way by said company, whether by mu-
tual agreement or otherwise, or which sliall become the
property of the company by operation of law, as in this act
provided, sliall, upon the payment of the amount of money
belon'J-ing to the owner or owners of said land^, as a com-
pensation for the same, become the property of the said
compiuy in fee simple.
?> 8. The said company may take and transport upon TransrorJaiicn.
said railroad any person or persons, merchandise or other
property, by the force and power of steam or animals, or
any combination of them, and may fix, establish, take and
receive such rates of toll for all passengers and property
transported upon the same as the directors shall from time
to time establish; and the directors are hereby authoiized
and empowered to make all necessary rules, by-laws, reg- r,y.ia«^.
ulations and ordinances that they may deem necessary and
expedient to accomplish the designs and purposes, and to
carry into effect all the provisions of this act, and for the
transfer and assignment of its stock, which is hereby de-
clared personal property, and transferable in such manner
as shall be provided for by the by-laws and ordinances of
said corporation.
0 9. The directors of said company, after the same is Additka.,! stoc-t.
organized, shall have power to open books in the manner
1853.
56
prescribed in the sixih section of tliis act, and to fill up the
additional one million of dollars of stock, or any part there-
of, at such limes as they may deem it for the interest of
said company ; and all the instalments required to be j)aid
on the stock originally to be taken, and what may be taken
to increase said capital stock, shall be paid at such limes
and in such sums as said directors may prescribe.
§ 10, In case of the death, resignation or removal of
the president, vice president or any director at any time
between the annual elections, such vacancy may be filled
for thij remainder of the year, whenever they may happen,
by the board of directors ; and in case of the absence of
the president and vice presideni, the board of directors
shall have power to appoint a president pro tempore^ who
shall have and exercise such powers and functions as the
by-laws of the said corporation may provide. In case it
should at any time happen that an election shall not be held
on any day on wliich, in pursuance of this act, it ought to
be held, the said corporation sliall not, for that cause, be
deemed dissolved, but such election shall be held at any
other time directed by the by-laws of said corporation.
to in- § H- That when the lands of auy J'emme covert^ per-
!it"raBmej.^''"'so!i iia.ler a-j^a, nm cjmpj^ tnniU^, or out of this state
shall be taken in the construction of said railroad, as is pro-
vided by tills act, the said corporation shall pay the amount
that shall be awarded as due to the said last mentioned
owners respectively, whenever the same shall be lawfully
demanded. That to ascertain the amount to be paid to the
persons named in this section for the lands taken Jbr the use
of said corporation, it shall be the duty of the judge of the
judicial circuit within which said land maybe situated, up-
on notice given to him by tlie said corporation, to appoint
three commissioners, to be" persons not interested in the
matter, to determine the damages which the owner or own-
ers of the land or real estate so entered upon by the said
corporation has or have sustained by the occupation of the
same ; and it shall be tlie duty of said commissioners, or a
majority of thein, to deliver to said corporation a written
statement of the awards they shall make, with a descrip-
tion of the land or real estate appraised, to be recorded by
the said corpoi-ation in the clerk's office in the county in
which the land or real estate so apprnised shall lie, and then
the said corporation shall be deemed to be seized and pas-
sed in the fee simple of all such lands or real estate as shall
have been appraised by the said commissioners.
w.iUT courses § 12- That whenever it shall be necessary for the con-
aiKi iiiginvays. structiou of Said railroad, to intersect or cross any water
course, or any road or highway, ly ng betwetn the points
aforesaid, it shall be lawful for tlu^ corporation to con-
struct their railroad across or upon the same : Fruvided^
57 1853.
that the corporation shall restore the water course, or road,
or highway thus isitersected to its former state, or in a suf-
ficiejit manner not to !iave injured ils usefulness.
5 13. Tiie capital stock of said company may be in- increase of capi-
2 , . ' M- ,• 1 1! , . •!!• C 1 lul Stock.
creased Iroui one miliuju oi aoliars to two nulLon live luin-
dred tliousand doUars, from time to time, by new subscrip-
tions, if such increase shall be frund necessary to fulfil the
intention of tiiis act, uj)on the directors for the time being
giving tlie notice as herein required previous to the 0{)en-
ing the subscrij)tion books for the original stock herein;
and that all stock of said corporation shall be deemed per-
sonal property, and tiansferable in such manner as the
said corporation shall by its by-laws prescribe.
§ 14. That it shall be lawful for the directors to require raym>;ritoi stock
payment of the suras subscribed to t!ie cajutal stock at such
times, and in such proportions, and on such conditions, as
they shall deem fit, under the penalty of the forfeiture of all
previous payments thereon, and shall give notice of the
payments thus required, and of the place and time when
and where the same are to be paid, at least ninety days
previous to the payment of the same, in some public news-
paper of this state published in some one of the jjlaces wliere
the notices for the opening the books for subscription to the
caj)ital stock may have been published.
6 15. Said company is hereby authorized, from time toPowerto borrcw
s I -J •' ' . money.
time, to borrow such sum or sums of money as may be ne-
cessary for completing and finishing or operating their
said railroad, and to issue and dis])0se of their bonds in de-
nominations of not less than five hundred dollars, bearing
a rate of interest not exceeding seven per centum per an-
num, for any amount so borrowed, and to mortgage the cor-
porate property and franchises, or convey the same by deed
of trust, to secure the payment of any debt contracted by
said company for the purposes aforesaid. And the direc-
tors of said company may confer on any bondh.older of any
bond issued for money borrowed as aforesaid, the right to
convert theprincipal due orowingtliereon into stocks of said
company, at any tune not exceeding ten years from the date
of tlie bond, under such regulations as the directors of said
company may see fit to adopt; and all sales of such bonds
that may be made at less than their par value shall be good
and valid and binding upon said corporation as if said bonds
had been sold for the full amount thereof.
§ 16. The widtli of said railroad is to be determined by width of road.
the said corporation within the limits prescribed by the
first section of this act.
5 17. This ant shall be in force from and after its pas- Time of con,pi«-
3 , . , 111 • 1 1 il • tionof road.
sage, and so;d company shall commence said work witliin
three ycar^, and complete the same within ten years from
the I'd -'age of this act.
1853. 58
DniMu with other § 18. Said compaiiy shall have power to unite its rail-
ro;uis. road with the railroad which may be constructed from Jack-
sonville, in Morgan county, to Alton, in Madison county,
by the Jacksonville and Carrnlltan Railroad Company, or
any other company, and for that purpose full power is hereby
given to said company to make and execute such contracts
with any company as will secure the o')jec;ts of connecting
with any railroad built or to be built at Jacksonville.
Approved February 11, 1853.
iB force Fob. 10, AN ACT to incorporate the B!oo;iilng[o;i and Pekin Railroad Company.
Section 1. 7?e it enacted hij the people of the sto^e of
Corporators. Illinois, represented in the General Assemhbi, That David
Davis, John Moore, Isaac Funk, Jolin E. McClun, James
Miller, Jesse W. Fell, Asahel Grid ley, Kersey H. Fell,
William M. Buim, John W. Ewing, William H. Temple,
William H. Plolmes, William P. Major, W. S. Maus, Peter
Wyrick, Gideon H. Rupeit, David ]\iaik, John Smith, David
P. Kenyon, Thomas N. Gill, Joshua Waggonseller, James
Harriott, Benj. Kellogg, jr., William G. Stackpole, John
W. Casey, James Haines, Wm. B. Doolittle, Benjamiu S.
Prettyman, R. H. Snell, C. J. D. Rupert, and their asso-
ciates, successors and assigns, arc hereby created a body
style. corporate and politic, under the name and style of "The
Bloomington and Pekin Railroad Company," with perpet-
ual succesion, and by that name be and they are hereby
General powers, made Capable in law and in equity to sue and be sued, plead
and be impleaded, defend and be defended, in any court of
law and equity in this state, or any other place; to make,
have and use a common seal, and the same to renew and
alter at pleasure; and shall be and are liereby vested with
all the powers, privileges and imuiunities which are or may
be necessary to carry into eifect the purposes and objects
obiect«. of this act, as hereinafter set forth. And the said com[)any
are hereby authorized and empowered to locate, construct,
and finally complete a railroad from the city of Blooming-
ton, in the county of McLean, and state of Illinois, to th<
city of Pekin, in the county of Tazewell, state of Illinois;
and for this purpose said company are authorized, u|)ou th<
most eligible and direct route, to layout their said railroad,
not exceeding one hundred feet in wi, 1th, tlirough tin; whole'
length; and for the ])urpose of cuttings, embankments, stone
and gravel, may take as much more land as may be neces-
sary for the proper construction of and security of said
railroad.
5^ 1663.
§ 2. The capital stock of said company shall consist capiui Btocu.
of one million of dollars, and may be increased to two
million of dollars, to be divided into shares ot one hnndred
dollars each. The immediate government and direction
of said company shall be vested in seven directors, who Directors awu
shall be chosen by the stockholders of said company in the "'^"''*
manner hereinafter ])rovided, who shall hold their offices
for one year after their election, and until others sliall be
duly elected and qualified to take their places as directors,
and the said directors (a majority of whom shall form a
quorum for the transaction of business,) shall elect one of
their number to be the ])resident of the company ; that
said board of directors shall have power to a})point all
necessary clerks, secretary, and other officers necessary
in the transaction of business of said company.
§ 3. The said corporation is hereby authorized, by their surveyors, &.
agents, surveyors' and engineers, to cause such examina-
tion and surveys to be made of the ground and country
between the said city of Bloomington and the said city of
Pekin as shall be necessary to determine the most advan-
tageous route for the proper line or course whereon to
construct their said railroad ; and it shall be lawful for
said company to enter upon and take possession of and use
all such lands and real estate as may be necessary for tlie
construction and maintenance of their said railroad, its
depots, side tracks, water stations, engine hou«:es, machine
shops, and other buildings and appendages necessr.ry to
the construction and working of said road: Frovided,-p^ov\so.
tliat all land or real estate entered upon and taken pos-
session of, nnd used by said corporation, for the purposes
and accommodation of said railroad, or upon which the
site for said railroad shall have been located or determined
by the said corporation, shall be paid for by said com-
pany in damages, if any be sustained by the owner or
owners thereof, by the use of the same, for the purposes of
said railroad, and all lands entered upon and taken for the
use of said corporation, which are not donated to said
company, shall be paid for by said corporation at such
price as may be mutually agreed upon by the said rorpora-
liun and the owner or owners of such land ; and in case
of disagreement, the price shall be estimated, fixed and
recovered in the manner provided for taking lands for the
construction of public roads, canals, or other jiublic w^orks,
as i)rescribed by the act concerning right of way, approved
March 3d, 1845.
§ 4. If any person shall wilfully, maliciously, or wan- penalties,
tonly, and contrary to law, obstruct the passage of any
car on said railroad, or any part thereof, or any thing be-
longing thereto, or shall damage, break rr destroy an\ part
of the said railroad, or implements or buildings, he, she,
1853.
60
Commissioners.
or they, or any person assi=!tint^, shall forfeit and pay to said
company, for every such offence, treble the amount of dam-
ages tliat shall be proved before any competent court sliail
have been sustained, and ho sued for in the name and ije-
hair of said company; and such olFender or offenders siiaii
be deemed guilty of a misdemeanor, and shall be liable to
an indictment in the same manner as other indictments are
found in any county or counties where such offence shall
have been committed ; and upon conviction, every such
offender shall be liable to a fine not exceeding five thousand
dollar?, for the nse of tlie county where such indictment
may be found, and may be imprisoned in the county jail
for any time not exceeding six months, at the discretion
of the court.
Annual meetings § 5. 'i he time of holding tiie annual meetings of said
company, for the election of directors, shall be fixed and
deteimhied by the by-laws of said company; and at all
meetings each stockholder shall be entitled to a vote, in
person or lawful proxy, one for each share of stock he, or
she, or they may hold bjnafide in said company, upon which
all instalments called have been paid.
§ 6. The persons named in the first section of this act
are hereby appointed commissioners, who, or a majority of
whom, after a meeting didy called by thirty days' notice in
newspapers published in Bh)omington and Pekin, are hereby
authorized to open subscription books for said stock at
such places as they may deem proper, and s'nall keep said
books open until one hundred thousand dollars of said cap-
ital stock shall be taken. Said commissioner shall require
each subscriber to j)ay five dollars on each share subscribed,
at the time of subscribing. The said commissioners shall
immediately thereafter call a meeting of the stockholders,
by gi\ ing thirty days' notice in some newspaper printed in
the county of McLean, and at such meeting it shall be
lawful to elect the directors of said company; and when
the directors of said company are chosen, the said com-
missioners shall deliver said subscription books, with all
sums of money received by them as commissioners, to said
directors. No ])erson shall be a director in said company
unless he shall own at least ten shares of the capital stock.
§ 7. That the right of way and real estate purchtiSed
for the right of way by said company, whether by mutual
agreement or otherwise, or which shall become tlie pro-
perty of the company by operation of law, as in this act
provided, shall, upon the payment of the amount of money
belonging to the owner or owners of said land, as a com-
pensation for the same, become the property of said com-
pany in fee simple.
§ 8. The said corporation may take and transport upon
said railroad any person or persons, merchandise or other
Transportation
tolls, &.C.
61 1853.
property, by the force and power of steam or animal, or
any combination of tliem, and may fix, establish, take and
recciv'e siicli rates of toll, for all passengers and j)roperty
transported npon the same, as the said dii-ectors shall from
time to time establish. And the directors are hereby au-
thorized and empowered to make all necessary rules, by-
laws, regula'ions and ordinances that th.ey may deem
necessary and expedient to accomplish the designs and
purjioses, and to carry into effect the j)rovisions of this act,
and for the transfer and assignment of its stock, which is
hereby declared personal property, and transferable in such
manner as shall* be provided by the by-laws and ordinances
of said company.
§ 9. Tiie directors of said company, after the same is Addiuor.ni stoo
organized, sliall have power to open books in the manner
prescribed in the sixth section of this act, to fill up the
additional capital stock, or any part thereof, at such times
as they may deem it for the interest of said company.
And all the instalments required to be paid on the stoc^k
originally to be taken, and what may be taken to increase
said capital, shall be paid at such times and in such sums
as said directors may |>rescribe.
§ 10. In case of the death, resignation or removal of the vacancies
president, vice j)resident, or any director, at any time
between the annual elections, such vacancy may be filled
for the remainder of the year, whenever tiiey may happen,
by the board of directors; and in case of absence of the
president and vice president, the board of directors shall
have power to appoint a president pro tempore, who shall
have and exercise sucli powers and functions as the by-
laws of the said corporation may provide. In case it should
at any time happen that an election shall not be made on
any day on which, in pursuance of this act, it ought to be
made, the said corporation shall not for that cause be
deemed dissolved, but such election shnll be held at any
other time directed by the by-laws of said corporation.
§ 11. That when the lands of any femmes covert, per- Damages to ii
sons under age, nu7i compos mentis, or out of this state, Jietcrnitn'e'i.''*'
shall be taken in the construction of said railroad, as is
provided by this act, the said corporation shall pay the
amount that shall be awarded as due to the last mentioned
owners respectively, whenever the same shall be lawfully
demanded, together with six per cent, per annum ; that to
ascertain the amount to be paid to persons named in this
section, for lands taken for the use of said corporation, it
shall be the duty of the governor of this state, upon notice
given to him by said corporation, to appoint three com-
missioners, to be persons not interested in the matter to be
determined by them, to determine the damages which the
owner or owners of the land or real estate so entered upon
1853. 62
b)' the said corporation, has or liave sustained by the oc-
cupation of the same. And it shall be the duty of said
commissioners, or a majoiity of tliem, to deliver to said
corporation a written stattMuent of the award or awards
they shall make, with a description of tlie land or real
estate aj)praised, to be recorded by the said corporation in
the clerk's office in the county in which the land or real
estate so appraised shall by, and then the said corj)oration
shall be deemed to be seized and possessed of the fee sim-
ple of all such lands or real estate as shall have been ap-
praised by the said commissioners.
interaeotionsAc § 12. Whenever it shall be necessary for the Construc-
tion of said railroad to intersect or cross a track of any
other railroad, or any stream of water or water course, or
road or highway on the route of said road, it shall be law-
ful for the company to construct their railroad across or
Proviso. upon the same : Provided., that the said company shall
restore the railroad, stream of water, water course, road
or highway thus intersected or crossed, to its former state,
or in a sufficient manner not materially to impair its use-
fulness.
§ 13. Said company shall have the power to unite its
railroad with any other railroad now constructed, or which
may hereafter be constructed within this state within ten
miles of the line of the road liereby authorized to be con-
structed, upon such terms as may be mutually agreed upon
between the companies so connecting; and for that pur-
pose full power is hereby given to said company to make
and execute such contracts with any other company as will
Provi*). secure the objects of such connection : Provided, that the
Central Railroad shall not run upon the line or track of the
road constructed by the company hereby incorporated, ex-
cept at points crossing or intersecting tiie same.
Power to borrow § 14. Said Company is hereby authoiized, from time to
money. time, to borrow such sum or sums of money as may be ne-
cessary for completing and finishing or operating their said
railroad, and to issue and dispose of their bonds in denom-
inations of not less than five hundred dollars, bearing a rate
of interest not exceeding eight per centum per annum, for
any amount so borrowed, and to mortgage the corporate
property and franchises, or convey the same by deed of
trust, to secure the payment of any debt contracted by said
company for the purposes aforesaid. And the directors of
said company may confer on any bondholder of any bond
issued for money borrowed as aforesaid the right to con-
vert the principal due or owing thereon into stock of said
company, at any time not exceeding ten years from the date
of the bond, under such regulations as the directors of said
conapany may see fit to adopt; and all sales of such bonds
that may be made at less than their par value shall be good
branch
Cciitiid
63 1853.
and valid and binding upon said corporation as if such
bonds liad been sold lor liie lull amount thereof.
§ 15. The width of said railroad is to be determined '^^'■''"'"f road.
by the said corporation within the limits prescribed by the
first section of this act.
§ 16. Said company are hereby authorized to acquire Ai,t!..i;/>,i to «fo
•and hold so much of the grade of the Pekin and Blooming- ]
ton Branch of the Central Railroad as they may deem ne- '
cessary, and may enijjloy and use t!ie same in llie construc-
tionof their said road ; and if said grade and right of way
should belong to the state of Illinois, the said company may
purchase tlie same from the government of this state, upon
such terms as they shall agree upon; and such contract, if
made, shall be binding upon botii parties.
^ 17. This act shall be in force from and after its pas- Tim^for compi.
sage, and said company shall commence its work within t:^""''^*'-
five years, and complete the same within ten years Irom
the ])assage of this act.
Approved February 10, 1853.
AN ACT to incorporate the Terrc Haute and York Junction Railroad Com- In force Feb. u,
pany. 1853.
Section 1. Be it enacted by the peop/e of the state
of Illinois, represented in the General Jissemhly, 'i'hat Corporation.
R. P. Ober, Henry Harrison, James Brooks, Ira Prevo,
John H. Liiiley, Ezekiel Bishop, Nathan Musgrove, Wil-
liam Steel, John Newlan, R. A. Holmes, Isaac Wilkins,
John Harmon, F. Fuller, Josej)h Piquett, Peter Green,
Faris, E. V. Ball, James Farrington, C. Gilbert, C.
Warren, Samuel Myers, James Drake, James Kelly and
Robert Taylor, and such other persons as may associate
with them for tliat purpose, are hereby made and constitu-
ted a body corporate and politic, by the name and style of the
"Terre Haute and York Junction Railroad Company,'^ style, &c.
with perpetual succession, and by that name and style siiall
be capable in law of taking, purchasing, holding, leasing. Genera! po-nors.
selling and conveying estate and property, whether real,
personal or mixed, so far as the same may be necessary for
the purposes hereinafter mentioned, and no further; and
in their corporate name may sue and be sued, have a com-
mon seal, and may have and exercise all powers, rights,
privileges and immunities which are or may be necessary
to cany into effect the purposes and objects of this act, as
the same are hereinafter set forth.
§ 2. The Terre Haute and York Junction Railroad Objects.
Company shall have full power and authority to locate,
1853. 64
construct, furnish and maintain a railroad, with one or more
tracks, commencing on the Chicago Branch ^or at Salem,)
of the Central Raili-oar', at or near the junction of that road
with the Ohio and Mississippi Railroad, in Marion county,
and running from tiience through the counties of Marion,
thence to Louisville, in Clay county, Effingliam, Newton,
in Jasper county, Hutsonville, in Crawford county, and *
Clark county, to a point on the Wabash river at or adjoin-
ing the town of York, with a view of crossing the Wabash
river and extending the same to Terre Haute, in tlie state»
of Indiana, Marshall, in Clark county;* and to take and car-
ry persons and property upon said railroad by any force or
powei which said company may choose to apply or use;
and for the purpose of constructing said railroad, said com-
pany shall have authority and power to lay out, designate
and establish their road, in width not exceeding one hun-
dred and fifty feet through the entire line thereof, and may-
take and apj)ropriate to their own use all such lands so des-
ignated for the line and construction of said railroad, upon
first paying or tendering therefor such amount of damage
as shall have been settled by agreement or appraisal in
manner hereinafter provided, on all such lands so designa-
ted for the line and construction of said railroad, and all
such lands as may be taken, or upon any track which may
be located by said company; and for the purpose of em-
bankments, cuttings, obtaining of stone, gravel and sand,
may take and ap[)ropriate as much more land as may be
necessary for the proper construction, maintenance and
security of said road; and for constructing such depots and
other suitable, proper and convenient fixtures in connec-
tion with and appurtenances to said railroad, may take and
have, use and occupy any lands U{)on either side of said
railroad, not exceeding two hundred feet in depth from
said railroad — said company taking all such lands by gift,
purchase or condemnation, and making satislaction for the
same as hereinafter provided.
iiT<-y SI..] ri!;iit § 3. The Said company, and under their direction, their
' ""•■ agents, servants and workmen, are hereby authorized and
empowered to enter into and upon the lands or grounds of
or belonging to the state, to any person or persons, body
politic or corporate, and survey and take lands of the same,
or any pfirt thereof, and to set out and ascertain such parts
as they shall think necessary and proper for the making of
said railroad; and for all the purposes connected with said
railroad for which said corporation by the last preceding
section is authorized, to have, take and appropriate any
lands and to fell and cut down trees or timber standing or
being within one hundred feet on each side of said line of
*This dt'scilbed route Is unintelligible, but It Is thus In th« enrolled law.
65 1853.
said railroad; the damage occasioned by the felling of such
timber, unless otherwise settled, to be assessed and paid
for in manner hereinafter provided for assessing and pay-
ing damages for lands taken for tlie use of said railroad
company. Also, from time to time to alter, repair, amend,
widen, or enlarge the same, or any of the conveniences
above named, as well for carrying persons, goods, wares,
or merchandise, commodities, timber, or other things to
and upon the said railroad, or for conveying all manner of
materials necessary for the making, erecting, furnishing,
altering, repairing, amending, or enlarging the works of or
connected with said railroad, and to construct and agree
with the owner or owners thereof for eartii, timber, gravel,
stone, or other material or any articles whatever, which
may be wanted in the construction or repair of said rail-
road or any of its appurtenances; the said company doing
as little damage as possible in the execution of said pow-
ers hereby granted, and making satisfaction in the manner
hereinafter mentioned for all damages to be sustained by
the owners or occupiers of said land.
§ 4. The said company shall have power and authority Real estate, &.c
to receive, take and hold all such voluntary grants and do-
nations of lands and real estate, for the purpose of said rail-
road, as may or sliall be made to said company, in the con-
struction, maintenance and accommodation of said railroad;
and said company may contract and agree with the owners
or occupiers of any lands upon which said company may
wish to construct said railroad, or which said company
wish to use or occupy for the purpose of procuring sand,
stone, gravel, or either, or other materials to be used in
embankments or otherwise, in or about the construction,
repair or enjoyments of said railroad, or which said com-
pany may wish to use or occupy in any manner or for any
purpose connected with said railroad, for which said com-
pany is empowered and authorized by this act to take,
have or appropriate any lands, and receive and take grants
and conveyances of any and all interests and estate there-
in, and to them and to their successors or assigns, in fee
or otherwise; and in case said company cannot agree with
such owners or occupiers of such lands as aforesaid, so as
to procure the same by tlie voluntary deed or act of such
owners or occupiers thereof, or if the owners or occupi- Damages to in-
ers, or any of them, be a femme covert, infant, non com-
pos menth, unknown, or out of the county in which the
lands or property wanted may lie or be situated, the same
may be taken and paid for, if any damages are awarded,
in the manner provided for in the act to provide for a gen-
eral system of railroad incorporations, approved November
5th, 1849 ; and the final decision or award shall vest in the
corporation hereby created all the rights, privileges, fran-
[ E]
fants, &(.-.. bow-
ascertained.
1S5S.
66
Proviso. chises and immunities in said act contemplated : .^nd pro-
vided, that any appeal tiiat may be allowed under tlie pro-
visions of the above recited act, or by virttie of any gener-
al law of this state, shall not affect the possession of said
company of the lands appraised, and when the appeal may
be taken, or writ of error prosecuted by any person or
persons other than the said company, the same shall not be
allowed, except on the stipulation of the party so appeal-
ing or prosecuting such writ of error, that the said com-
pany may enter upon and use the lands described in the
petition, for the uses and purposes therein set forth, upon
said company giving bond and security, approved by the
clerk of said court, that they will pay to the party so ap-
pealing or prosecuting such writ of error all costs and
damages that may be awarded against them on the final
hearing of such appeal or writ of error, within thirty days
after the rendition thereof, or forfeit all right to use the
lands or way so condemned.
©apitaistock. § 5. The capital stock of said company shall be one
million of dollars, which said capital stock may be increas-
ed, wlien necessary, to any amount not exceeding the ac-
tual estimated cost of constructing and equipping their
said railroad; and subscription to the increased capital
stock may be made, from time to time, as may be ordered
and directed by the board of directors of the said railroad
company; which stock shall be divided into shares of fifty
dollars each, which shall be deemed personal property,
and may be issued, certified, transferred and registered in
such manner and at such places as may be ordered by the
board of directors, who shall have power to require the
])nynient of stock subscribed, in manner and at the time,
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,
Notice. the share of sucii delinquent may, after thirty days' pub-
lic notice, be sold at public auction, under such rules as
the directors may adopt: the surplus money, if any re-
mains after deducting the payments due, with the interest
and necessary costs of sale, to be paid to the delinquent
Dir.dors. stockholder. The board ofdirectors hereinafter named
shall cause books to be opened for subscription to the cap-
ital stock of said company at such times and at such places
Proviso. and in such manner as they shall direct : Proindcd, that as
soon as eighty-five thousand dollars of bona fide subscrip-
tion shall be made to said capital stock, and five per cent,
thereon paid, it shall be lawful for said company to com-
mence the construction of said road.
Power vested In § 6. All the Corporate powers of said company shall
directurn. -j^^ vcsted iu uud cxercised by a board of directors, to con-
sist of not less than seven or more than thirteen in num-
67 1863.
ber, and such other officers, agents and servants us they
shall appoint. The first board of directors shall consist
of Chauncey Rose, James Farrington, Robert Taylor, R, xamosor porwiR
P. Ober, John B. Richardson,; Nathan Musgrove, R.f A. S'™"'^'
Holmes, F. Fuller, M. O'Kane, Peter Green, C. Johnson,
Isaac Wilkins and L. O. Schultz, who shall hold their of-
fices until their successors are elected and qualified; va-
cancies in the board may be filled by a vote of two-thirds
of the directors remaining; such appointees to continue in
office until the next annual election of directors, and
which said annual election siiall be held on the first Mon-
day in July in each year, at such place as the directors
may direct, thirty days' printed notice being given in two Kotice.
newspapers having circulation along the line of said rail-
road.
§ 7. At any election held for directors, each share ofEiectioqs.
stock shall be entitled to one vote, to be given either in
person or by proxy, and the persons receiving the largest
number of votes to be declared duly (ilected, and to hold
their offices until the next annual election, and until iheir
successors are elected and qualified. Ail elections for di-
rectors to be conducted by tiiree judges, selected by the
stockholders present.
§ 8. The directors herein named are required to or- President an<j
ganize the board by electing one of ther number president, ""'*''' "«*''"•'•
and appointing a secretary and treasurer.
§ 9. Tlie said company shall have power to purchase Power to contrart
with the funds of the company, and contract for and place "''™*'^ '"'^^"
on the railroad hereby authorized to be constructed, all
machines, carriages and vehicles of every description which
they may deem necessary and proper for the purposes of
transportation on said road ; and they shall have power to
charge for tolls and transportation and rates of fare such
sums as shall be lawfully established by the by-laws of said
company.
§ 10. Said company shall have power to make, ordain s^-iaws.
and establish all such by-laws, rules and regulations as may
be deemed expedient and necessary to fulfil the purposes,,
and carry into effect the provisions of this act, and for the
well ordering and securing the affairs, business and inter-
ests of said company : Provided^ that the same be not re- Proviso,
pugnant to the constitution and laws of the United States
or of this state.
§ 11. Whenever it shall be necessary for the construe- ii't«'-iwcr.oof,fcc
tion of said railroad to intersect or cross a track of any
other road, railroad, or stream of water or water course,
lying on the route of said railroad, it sliall be lawful for the
company to construct their railroad across or upon the
same ; that for the purpose of extending their said railroad
Across the Wabash river to connect and extend the same
1853. 68
to Terre Haute, the privilege of bridging said stream is
iso- hereby granted to said company : Pruvided, tliat the said
company shall restore the road, railroad, stream of water
or watercourse, to its former state, or in a sufficient man-
ner not materially to impair its usefulness : »^ind j^rovided
Jurther, that the bridge so to be erected across the Wa-
bash river shall be provided with draws of sufficient width
for the passage of boats or other craft navigating said riv-
er; that the said draw shall at all times be kept in good
repair, and that attentive persons shall at ail times be in
readiness to open tlie same so as to cause as little delay as
the nature of the case will reasonably admit.
lerxis. § ^2. Tiie said company shall annually or semi-annu-
ally make such dividends as tliey may deem proper of the
net profits or income of said company among the stock-
holders therein, in proper proportion to their respecti^-B
shares.
,>tic3. § ^S. If any person shall do or cause to be don®, or aid
in doing or causing to be done, any act or acts whatsoever
whereby any building or structure or work of said compa-
ny, or any engine, machine or structure, or any matter or
thing appertaining to the same, shall be stopped, obstruct-
ed, impaired or weakened, injured or destroyed, tiie per-
son or persons so offending shall be guilty of a misdemean-
or, and may be punished upon conviction by fine in any sumJ
2iot exceeding one thousand dollars, or by imprisonmcnll
not exceeding five years, or both, at the discretion of the
court, and shall forfeit and pay to the said corporation
treble the amount of damages sustained by reason of said
offence or injury, to bo recovered in the name of the com-
pany, with costs of suit, in an action of trespass, before any
justice of the peace of this state, or before any court !inv-
ing jurisdiction thereof.
nwiih other § 14. Said Company sliali have the power to uBile its
railroad with any other railroad now constructed, or which
may hereafter be constructed, either in this state or thei
state of Indiana, upon such terms as may be mutually
agreed upon between the companies so connecting; and
for that ]'urpose full power is hereby given to said compiv
ny to make ausl execute sucli contracts with any otlier
eompany as will secure the objects of such connection.
f>r ro fijnow § 15. Said Company is hereby authoriz'ed from time tc
^'"■'' time to borrow such sum or sums of money as may be ne-
cessary for completing and finishing or operating their said)
railroad, and to issue and dispose of their bonds in denom-
inations of not less than five hundred dollars, at such rate
i; uu rest, of interest not exceeding seven per cent, per annum, and
at such discount as may be thought for the benefit of the
company, and to mortgage their corporate property and-
franchises, or convey tlie same by deed of trust to secure ,
69 1853.
the paynient of any debt contracted by said company for
the })urpose aforesaid; and the directors of t-'aid company
may confer on an}' bondholder of any bond issued for mo^iey
borrowed as aforesaid the right to convert tlie principal
due or ov/ing thereon itito stock of said company, at any
time not exceeding ten years from the date of the bond,
under such regulations as the directors of said company
may see tit to adopt.
§ 16. The said conapany hereby chartered shall be re- TiniP tt-r «*
quired to construct and operate their said railroad, through- °""«''»sr*->'i^
out the entire line thereof, according to tlie terms of the
charter, within ten years after tise work shall be cosnmen-
ced tliereon, ajjd upon failure so to do shall forfeit all rights
and privileges to tracks completed and works done upon
tiie said railroad: Provided, the w-ork shall be commen- provi.-/',
ced on said railroad within ten year^i ai'tcr the passage of
this act.
0 17. This act shall be deemed and taken as a public
act, and shall be in force from and after its passage.
Approved February 12, 1853-
AN ACT to incorporate the Rocktcn and Freeport Railroad Company. In fon-esifeih, 10,
1853,
Sectiotc 1. Be it enacted hy the people of the slate oj
Illinois, j^epi^esented in iJie General v^ssemhly, That all suchcor.wrsuoiu
persons as shall become stockholders agreeably to the pro-
visions of this act in tliis corporation hereby created, shall
be, and for the term of sixty years from and after the pas-
sage of this act sliall continue to be, a body corporate and
politic, by the name and style of " The Rockton and styie,&c.
Freeport Railroad Company," and by that name shall have
succession for the term of years above specified; may sue
and be sued, complain and defend, in any court of law or
equity ; may make and use a common seal, and alter the
same at pleasure; may make by-laws, rules and regula-
tions for the management of property, the regidation ot'iU
affairs, and for tlie transfer of its stock, not inconsistent
\vith the existing laws and constitution of this state or of
the United Slates ; and may, moreover, appoint such sub-
ordinate agents, officers and servants' a? the busijiess of the
company may require, j)rescribe their duties, and require
bond for the faithful performance thereof
§ 2. ThatWait Talcott, Thomas B. Talcott, Thomas J. ^''n^^^'^sioner..
Turner, Darius Adams, A. H. Merrill, Seth G. Broi.son,
and John B. Peterson, be and are hereby apjxiinted com-,,
f ,, r ■ i_ • •• 1. ii Procure subsciiL-
raissioners tor the purpose of procuring subscriptions to tne uons.
1853.
70
capital stock of said company, whose duty it shall be to
openbooks. open books for subscriptions to the capital stock of said
company, giving notice of the time and place when and
where said books will be opened, at least twenty days pre-
vious thereto, by publication in some newspaper published
in Freeport and Rockford. The said commissiom^rs, or a
majority of them, shall attend at the places appointed for
the opening of said books, and shall continue to receive
subscriptions, either personally or by such agents as they
shall appoint for that purpose, until the sum of twenty
thousand dollars shall liave been subscribed, and as soon
as said sum of twenty thousand dollars is subscribed, the
N»ti««. g^jj commissioners shall give twenty days' notice, by pub-
lication in a newspaper published in Freeport and Rock-
Ru. I directors, f^j.^^^ ^f an election by Said stockholders of a board of direc-
tors, as iiereinafter provided, for the management of said
company, at such time and place appointed for that purpose.
The commissioners, or a majority of them, shall attend
and act as inspectors of said election, and the stockholders
present shall proceed to elect thirteen directors by ballot,
and the commissioners present shall certify the result of such
election tinder their hands, which certificate shall be recor-
ded in the record book of said company, and shall be suffi-
cient evidence of the election of the directors therein named.
The directors thus elected shall hold their offices for one
year, and until their successors are elected and qualified.
«;.n)i!ai sfotk. § 3. The ca})ital stock of said company shall be two
hundred and twenty-five thousand dollars, with power to
increase the same to a sufficient sum to complete the work
herein autiiorizcd, not exceeding twenty thousand dollars
per mile, and the same shall be subscribed for and taken
undci' the direction of the board of directors of said company,
in such time, place and manner as the said directors shall
from time to time direct. The shares in said company
shall be deemed and considered as])er>~onal property.
wrectors to man- ^ 4. The affairs of Said company sluill be managed by
a board of thirteen directors, to be chosen annually by the
stockholders from among themselves. At all elections
for directors, each stockholder shall be entitled to on
vote for each share held by him, and may vote either per
sonally or by proxy; and a plurality of votes given at an
election shall determine the choice ; and no stockholder
shall be allowed to vote at any election, after the first, for
any stock which shall have been assigned to him within thir-
ty days previous to such election. The directors shall hold
their offices for one year after elected, and until after their
successors are elected aiuJ qualified, and shall elect one
of their number ])resident of said board ; and in case of any
A'acancy occurring in said board of directors between elec-
tions, the same may be filled by the board at any legal meet-
age aftrtirs of
Company.
t
Tcnn of ofno'.
71 1853.
ingof the directors, and the person so elected to fill the va-
cancy shall hold his office until the next annual mcetinp- of
the stockiiolders. In case of the absence of the president
of the board, the directors shall have })Ower to elect a
president y;,'','j /<mp.ire, who shall exercise, ^for the linio
being, ail the legal powers of tiie president of said com-
pany ; and t!ic said board of directors may diminish their
number to not less than nine, or increase the same to any
number not exceeding fifteen, by a v^te of tlie majority of the
stockholders present at any annual meeting.
§ 5. It shall be lawful for the directors to make calls payment of sto.
upon the sums subscribed to the capital stock of said com-
pany, at such time or times and in such amount as they shall
deem fit, giving at least twenty days' notice of each of said
calls in at least three public newspapers published in this
state ; and in case of failure on the part of any stockholder to
make payment of any call made by said directors for sixty-
days after the same shall be due, tlie said board of directors
are hereby authorized to declare said stock so in arrears,
and all sums paid thereon forfeited to said company.
§ 6. The said company are hereby authorized and em- Amiiomed
powered to locate, construct, and complete, and maintain, construct, &f.
and operate, a railroad with a single or double track, and
with such appendages as may be deemed necessary by the
directors for the convenient use of the same, from a point Route,
on the north line of the county of Winnebago, through the
village of Rockton, to the village of Freeport, in the county
of Stephenson, and shall have power to build branches to
connect said road with any railroad or railroads in either
or any of the counties through which said road shall pass,
and to survey and determine the line of said road upon such
route as the said company shall deem most eligible; and
the said company are further authorized to use and operate
said radroad, and shall have power and authority to regulate Trausportation,,
the time and manner in which goods, effects and persons '"' ' '■■'*^*
shall be transported on the same, and to prescribe the man-
ner in which said railroad shall be used, and the rate of toll
for the transportation of persons and property thereon, and
for the storage of merchandise and other property under
their charge, and shall have power to provide all necessa-
ry stock and material for the operation of said road, and
shall have power to erect and maintain all necessary de-
pots, stations, shops, and other buildings and machinery for
the accommodation, management and operation of said road.
§ 7. That said company are hereby authorized, by their surveyor, &c.
engineers and agents, to enter upon any lands for the pur-
pose of making tlie necessary surveys and examinations of
said road, and enter upon and take and hold all lands neces-
:-ary for the construction of the said railroad and branches,
and its appendages, first making just, reasonable com-
1853. 72
pensation to the owners of said land for any damage
that may arise to tliem from the building of said railroad;
and in case the said company shall not be able to obtain
the title of said lands through which said road shall be
laid, by purchase, or voluntary cession, the said company
are hereby authorized to proceed to ascertain the damages
Damages. Sustained by such owner or owners, and determine the
same in the manner and upon the principles provided by
the 92d chapter of the Revised Statutes of this state, en-
titled "right of way" : Provided, that after the appraisal of
damages as provided in said statute, and upon deposit of
the amount of such appraisal with the clerk of the circuit
court of tiie county wherein such lands may be situated, the
said company are hereby authorized to enter upon such
lands for the construction of said road.
r.iwi^r u. borrow § ^- The Said compaiiy are authorized and empowered
raouty. Iq borrow, from time to time, such sums of money, not ex-
ceeding the capital stock of said company, as in their opin-
ion may be deemed necessary to aid the construction of
Rale of interest, gaid road, and to pay any rate of interest therefor not ex-
ceeding ten per cent., and to pledge and mortgage the said
road and its appendages, or any part thereof, or any other
property or effects, rights, credits or franchises of the said
company, as security for any loan of money and interest
thereon, and to dispose of the bonds issued for such loan at
such rate or on such terms as the board of directors may
determine.
w^u'Y courses ^ 9. Said Corporation may coustruct their Said road and
ami s:v Mm.-;. - ^ , ' -'
branches over or across any stream of water, water course,
road, highway, railroad, or canal, which the route of its
road shall intersect, but tiie corporation shall restore the
stream, water course, road, or highway thus intersected,
to its former state, or in a sufficient manner not to have
impaired its usefulness. Whenever the track of said rail-
road shall cross a road or highway, such road or highway
may be carried under or over said truck, as may be found
most expedient, and in case where an embankment or cut-
ting shall make a change in the line of such road or high-
way desirable, with a view to a more easy ascent or de-
scent, tiie said company may take such additional lands
iov the construction of such roads or highways as may be
deemed requisite by said corporation, unless the lands so
taken shall be purchased or voluntarily given for the pur-
pose aforesaid ; compensation thereibr shall be ascertained
in the manner in this act j)rovided, as nearly as may be,
and duly made by said corj)oration to the owners and per-
sons interested in such lands — the same when so taken, or
compensation made, to become a part of such intersecting
73 1853.
road or highway, in such manner, and by such tenure, as
the adjacent parts of [saidj highway may be held for high-
way purposes.
§ 10. It shall be lawful for the said company to unite ^^nion withother
with any other railroad company which may have been or roads.
may hereafter be incorporated by the state of Wisconsin,
and running from the terminous of said road in a direction
towards Lake Michigan, and to grant to any such company
the right to construct and use all or any portion of the road
hereby authorized to be constructed ; also, the right to
purchase or lease all or any part of said road ; also, the
right to sell, lease, or convey the same to said company,
or consolidate its stock therewith, and place the manage-
ment and control of the same under said board of direc-
tors, upon such terms as may be mutually agreed upon
between the said railroad companies.
§ 11. Any person who shall wilfully injure or obstruct pgnajties.
the said road, or any of its appendages thereto, shall be
deemed guilty of a misdemeanor, and shall forfeit to the use
of the company a sum three-fold the amount of the damages
occasioned by such injury or obstruction, to be recovered
in an action of debt in the name of said company, with costs
of suit, before any justice of the peace or before any court
of record in this state.
§ 12. The said company shall be allowed three years
irom tlie passage oi this act tor the commencement oi the strucuon.
construction of said railroad ; and in case the same shall
not be completed in ten years thereafter, the privileges
herein granted shall be forfeited.
§ 13. This act shall be deemed and taken as a public act, p^^j.^^^,_
and shall be construed beneficially for all purposes herein
specified or intended, and shall take eflect from and after
its passage.
Approved February 10, 1853.
AX ACT to incorporate the Mississippi and Wabash Railroad Company, in force Feb. lo,
1853.
Section 1. Be it enacted hy the people of the state of
Illinois^ represented in the General Jissemhly^ That John Corroration.
D. Mellen, William S. Spencer, William N. Grover, Andrew
Huston, William H. Rosevelt, William H. Ralston, and such
other persons as may associate witii them for that purpose,
are hereby made and constituted a body corporate and pol-
itic, by the name and style of "The Mississippi and Wa-styic, &c.
bash Railroad Company," with perpetual succession ; and
by that name and style sliall be capable in law of taking, General powers.
1853.
74
purchasing, holding, leasing, selling and conveying estate
and proj)ei'ty, whether real, personal or mixed, so far as
the same may be necessary for tlie purposes hereinafter
mentioned, and no further; and in their corporate name
may sue and be sued ; to have a common sea!, which they
may alter or renew at pleasure, and may have and exercise
all powers, rights, privileges and immunities which are or
may be necessary to carry into effect the purposes and ob-
jects of this act, as the same are hereinafter set forth.
§ 2. The Mississippi and Wabash Railroad Company
shall have full power and authority to locate and, from time
to time, to alter, change, relocate, construct, reconstruct
and fully to furnish, perfect and equip, and maintain a rail-
road, with one or more tracks, commencing at the city of
Warsaw, on the Mississippi river, in the county of Hancock,
and state of Illinois; running from thence, on tlie nost el-
gible route, eastwardly, by the way of the city of Blooming-
ton, in McLean county, to the east line of the state of Il-
linois, with the privilege of connecting by contract with
any railroad in the state of Indiana terminating on the east
line of the state of Illinois, at any point within twenty miles
north or south of the latitude of said city of Bloomington,
and to transport, take and carry property and persons up-
on said railroad, by power or force of steam, or of any me-
chanical power, or combination of them,wiiich said company
may choose to use or apply; and for the purpose of con-
structing said railroader way, said company shall have au-
thority and power to lay out, designate and establish
their road, in width not exceeding one hundred and fifty
feet through the entire line thereof, and may take and ap-
propriate to their own use all such lands so designated for
the line and construction of said road, upon first paying or
tendering therelor such amount of damages as shall have
been settled by appraisal in the manner hereinafter provi-
ded, on all such lands as may be taken, or upon any track
which may be located by said company ; and for the pur-
pose of cuttings and embankments, and for the purpose of
obtaining stone, sand and gravel, may take and appropriate
as much more of land as may be necessary for the proper
construction, maintenance and security of said road; and
for constructing shops, depots and other suitable, proper
and convenient fixtures in connection with and ap})urte-
nances to said railroad, may take and iiave, use, and oc-
cupy any lands upon either side of said railroad, not
exceeding two hundred feet in dej)th from said railroad;
said company taking all such lands as gifts, or purchasing
or making satisfaction for the same, in the manner herein-
after provided : Provided, that this section shall not be
construed to restrict or prevent the construction of public
75 1853.
roads or canals or railroads across the road of said com-
pany when deemed expedient, but so as not materially to
impair or obstruct the same.
§ 3. Tlie said company, by their agents, servants and sirvnom, &«
workmen, are hereby authorized and empowered to enter
into and upon the lands and grou!;ds of or belongiiig to
the state, or to any person or persons, bodies politic or
corporate, and survey and take levels of the same, or any
part thereof, and to set out and ascertain such parts as they
shall think necessary and proper for making said railroad,
with one or more sets of tracks or rails, and for all the
purposes connected with said railroad, for which the said
corporation, by the last preceding section, is authorized
to have, take and aj)propriate any lands, and to fell and
cut down all timber, and other trees standing, or being
within one hundred feet on each side of said line of said
railroad ; the damages occasioned by the felling of said
trees, unless otherwise settled, to be assessed and paid in
the manner hereinafter provided for assessing and ])aying
damages lor land taken for the use of said railroad com-
pany ; and, also, to make, build, erect and set up, in and
upon the the route of said railroad, or upon the land ad-
joining, or near the same, all such works, ways, roads and
conveyances as may be requisite and convenient for the
purposes of said railroad ; and, also, from time to time, to
alter, repair, amend, widen or enlarge the same, or any of
the conveniences above- mentioned, as well for the carry-
ing and conveying goods, commodities, timber or other
things, to and upon the said railroad, as for carrying all
manner of materials necessary for the making, erecting,
furnishing, altering, repairing, amending or enlarging the
works of or connected with said railroad, and contract-
and agree with the owner or owners thereof for earth,
timber, gravel, stone, or other material, or any article
whatsoever which may be wanted in the construction or
repairing of said railroad, or"any of its appurtenances; they,
the said company, doing as little damage as possible in the^^^^^ggg^
execution of the said powers hereby granted, and making
satisfaction in the manner hereinafter mentioned, for all
damages to be sustained by the owner or occupiers of said
lands.
§ 4. The said company shall have power and authority Real estate, &e.
to receive, take, and hold all such voluntary grants and
donations of lands and real estate for the purposes of said
railroad as may or shall be made to said company, to aid
in the construction and maintenance and accommodation
of said railroad, and said company may contract and agree
with the owners or occupiers of any lands which said com-
pany may wish to use or occupy for the purpose of pro-
curing s ui -, stone, and gravel, or earth or other material
1853. 76
to be used in embankments, or otherwise, in or about the
construction, repair or enjoyment of said railroad, or which
said company may wish to use or occupy in any manner, or
for any purpose or purposes connected with said railroad,
for which said company is empowered or authorized by
this act to take, have, or appropriate any lands, and to
receive and take grants and conveyances of any and
all interests and estates therein to them and their succes-
sors or assigns, in fee or otherwise ; and [in] case said
company cannot agree with such owner or occupiers of
such lands as aforesaid, so as to procure the same by
the voluntary deed or act of such owners or occupiers
thereof, or if the owners or occupiers thereof, or either
°a^fL*°howO^ ^"y of them, be a >m/7ic covert, infant, ;?o;i compos
:.scertainc.i. tmntis, uuknowu, or out of the county which the land or
any property wanted may be, or be situate, tlie same may
be taken and paid for, if any damages are awarded, in the
manner provided for in an act to provide for a general sys-
tem of railroad incorporations, approved Noveniber 5, 1849,
and the final decision or award shall vest in the corpora-
tion hereby created all the rights, privileges, franchises
and immunities in said act contemplated: l^nd provided,
that any appeal thatmay be allowed under the provisions of
the act above recited, or by virtue of any general law of
this state, shall not aifect the possession "by said com-
pany of the lands appraised, and when the appeal may
be taken, or writ of error prosecuted by any person or
persons other than the said company, the " same shall
not be allowed except on the stipulation of the party
so appealing or pro.^ecuting such v/rit of error that the
said company may enter upon and use the lands des-
cribed in the petition, for the uses and purposes therein
set forth, upon said company giving bond and security, to
be approved by the clerk of said court, that they will
pay to the party so appealing or prosecuting such writ of
error all costs and damages that may be awarded against
them on the final hearing of such appeal or writ of error,
within thirty days after the rendition thereof, or forfeit all
all right to use the land or way so condemned.
o«.puai stock. § 5. The capital stock of said company shall be one
million of dollars, which maybe 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 compa-
ny, to any sum not exceeding the entire amount expended
on account of said road, which stock shall be divided
in shares of one hundred dollars each, tvhich shall be deem-
ed personal properly, and may be issued, certified, trans-
ferred and registered in such maimer and at such places as
may be ordered and provided by the board of directors,
77 1853.
who shall have power to require the payment of stock sub-
scribed in the manner and at the time and in such sums as
they may direct, and on the refusal or neglect on the part
of a-^y stockholder, or any of them, to make payment on the
requisition of the board of dirrctors, the shares of such de-
linquents may, after thirty daj s' public notice, be sold atNuVa:*,-.
public auction, undersuch rules as the directors may ado])t;
the surplus money, if any remain after deducting the pay-
ment due, \yith interest and the necessary cost of sale, to
[bej paid to the delinquent stockholder. The board of di-
rectors 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 di-
rect : Provided, that as soon as one hundred thousand dol- Proviso.
lars oi bona fide subscription shall be made to said capital,
and live per cent, thereon paid, it shall be lawful for said
company to elect a board of directors, not less than five Board of directorj;
nor more than nine in number, who shall hold their offices
for one year, and until their successors shall be elected and
enter upon the duties of their office. The first election of
directors shall be held in the said city of Warsaw, thirty
days' notice tiicreof first being given by said commission-
ers in some newspaper published in said city, and subse-
quent elections shall be held in such manner as the direc-
tors shall by by-laws direct.
§ 6. At any election held for directors, each share of^'^'^"'"**
stock shall be entitled to one vote, to be given either in
person or by proxy, and the persons receiving the largest
numbe" of votes to be declared duly elected, and to hold
their office until the next annual election, and until their
successors are elected and qualified. All elections for di-
rectors to be conducted by three judges, selected by the
stockholders present.
6 7. After the directors are elected they shall organ- Prcskient :»*
■■,•.. p.i- i -r^ <^Hici' officers.
ize tne board by electing one of their number president,
and by appointing a secretary and treasurer.
§ 8. Said company shall have power to purchase Vr'ith
the funds of the company, and contract for and place on
the railroad hereby authorized to be constructed, all ma-
terials, wagons, carriages and vehicles of any description
which they may deem necessary and proper for the pur-
poses of transportation on said railroad, and they shall have
power to charge for tolls and transportation and rates of fare
such sums as shall be lawfully established by the by-laws of cy-iuTr^.
said company.
§ 9. Said company shall have power to make, ordain
and establish all such by-laws, rules and regulations as may
be deemed expedient and necessary to fulfil the purposes I'^'^^i-^"-
of this act, and for the well ordering and securing the af-
fairs, business and interest of said company ; Pruvided^
1853.
78
that the same be not repugnant to tlie constitution and laws
of the United States and of this state.
§ 10. The said board of directors shall have power to
regulate the manner of transportation of persons and prop-
erty, the width of track, the construction of wheels, the
form and size of cars, the weight of loads, and all other
matters and things respecting the use of said road, and the
conveyance and transportation of persons and property
thereon.
§ 11. When it shall be necessary for the construction
of said railroad to intersect or cross a track of any other
railroad, or any stream of water or water course, or road
or highway, being over the route of said road, it sliall be
lawful for the company to construct their railroad across
or upon the same : Provided, that said company shall re-
store the railroad, stream of water, water course, road or
highway, thus intersected or crossed, to its former state, or
in a sufficient manner not materially to impair its usefulness.
§ 12. The said compat'.y shall annually or semi-ani.ually
make sucli dividend as they may deem proper of the net prof-
its, receipts or income of said company among the stockhold-
ers therein ,in proper proportion to their respective shares-
§ 13. If any person shall do or cause to be done, or aid
in doing or causing to be done, any act or acts whatever
whereby any building, or construction, or work of said
company, or any engine, machine or structure, or any mat-
ter or thing appertaining to the same, shall be stopped, ob-
structed, impaired en- weakened, injured or destroyed, the
person or persons so offending shall be guilty of a misde-
meanor, and may he punished upon conviction by a fine in any
sum not exceeding one thousand dollars, or by imprison-
ment not exceeding five years, or both, at the discretion of
the court, and shall forfeit and pay to said corporation triple
the amount of damages sustained by reason of such offence
or injury, to be recovered in the name of said company,
with costs of suit, in an action of trespass before any justice
of the peace of this state, or before any court having jurisdic-
tion thereof. Said company shall have })ower to unite its
railroad with any other railroad now constructed, or which
may be hereafter constructed, either in this state or the state
of Indiana, upon such terms as maybe mutually agreed upon
between the companies so connecting, and for that ])urpose
full power is hereby given to said company to make and ex-
ecute contracts with any other company as will secure the
object of such connection : Provided, that the Central Rail-
road shall not run upon the line or track of the road con-
structed by the company hereby incorporated, except at
points of crossing or intersecting the same.
J § 14. Said comnjany is hereby authorized from time to
time to borrow such sura or sums of money as may be ne-
79 1853.
cessary for completing and furnishing or operating their
said railroad, and to issue and dispose of tlieir bonds in de-
nominations of not less than five hundred dollars for any
amount so borrowed, and to mortgage their corporate prop-
erty and franchises, or convey the same by deed of trust to
secure the payment of any debt contracted by said com-
pany for the purposes aforesaid ; and the directors of said
company may confer on any bondholder of any bond issued
for money borrowed as aforesaid the riglit to convert the
principal due or owing thereon into stock of said company,
at any time not exceeding ten years from the date of the
bond, under such regulations as the directors of said com-
pany may see fit to adopt.
15. The said company hereby chartered shall b
e re-
Tlme of conslrno-
quired to construct and operate their said road, throughout t'""-
the entire line thereof, according to the terms of the char-
ter, within eight years after tiie work shall be commenced
thereon ; and upon failure so to do shall forfeit all rights
and privileges, tracks completed, aiid work done upon said
road : Provided, the work shall be commenced on said
road within two years after the passage of this act.
§ 16, This act shall be deemed and taken as a public public act.
act, and shall be in force from and after its passage.
§ 17. It shall be lawful for the said company to enter mion with ether
upon and take, use and enjoy, for the use of their said road, '""'"^^"
so much of the Peoria and Warsaw Railroad belonging to the
state of Illinois, as may be in the line and direction of their
said road, and for that purj)ose they are hereby invested
with all tlie rights and privileges of the state of Illinois in, to
and over so much of said Peoria and Warsaw Railroad, and
all property, maps, profiles, estimates, reports, books and
papers belonging to the same, and are iiereby authorized
to demand and receive from any officer or person in whose
hands or possession the same may be, all such property,
maps, profiles, estimates, reports, books and papers as
aforesaid : Provided, that this section shall not be con- proviso.
strued to affect or impair any unforfeited right conferred
in said Peoria and Warsaw Railroad upon any other com-
pany heretofore created.
Approved February 10, 1S53.
AN ACT to incorporate the Springfield and Carlyle Railroad Company, and In force Feb. M,
for other purposes. ^S^^-
Section 1. Be it enacted by the people of the state of'
Illinois, represented in the General Assembly, That James <^'«"poraticn.
Wightman, James M. Rodgers, Sidney Breese, Richard S.
1852.
80
Bond, Franklin D. Taylor, Michael G. Dale, James Brad-
ford, Jacob Lansing, Hiram Roiintree, William D. Shields,
John S. Hayward, Thomas Piiillips, William Butler, J. C.
Conkling, L. P. Sanger, Ninian W. Edwards, John T.
Stuart, Archer G. Herndon, and such other persons as may
operate with them for that purpose, are hereby made and
constituted a body corporate and politic, by the name and
style of "The Springfield and Carlyle Railroad Company,"
with perpetual succession, and by that name and style
shall be capable in law of taking, purchasing, holding,'
leasing, selling and conveying estate and property, whether
real, personal or mixed, so far as the same may be neces-
sary for the purposes hereinafter mentioned, and in their
corporate name may sue and be sued, to have a common
seal, which they may alter or renew at pleasure, and may
have and exercise all powers, rights, privileges and immu-
nities which are or may be necessary to carry into effect
the purposes and objects of this act, or the law as herein-
after set forth.
§ 2. The said company shall have full power and au-
thority to locate, and from time to time alter, change, re-
locate, construct, reconstruct and fully to finish, perfect
and maintain a railroad, with one or more tracks, com-
mencing at some point on the Ohio and Mississippi Rail-
road, at the town of Carlyle, in Clinton county, and run-
ning from thence to the town of Greenville, in Bond coun-
ty, and Hillsboro, in Montgomery county, on the most eli-
gible route, to the city of Springfield, in the county of San-
gamon, and to transport, take and carry property and per-
sons upon said railroad, by power or force of steam, or
animals, or of any mechanical or other power, or any com-
bination of them, which said company may choose to ap-
ply or use; and for the purpose of constructing said rail-
road or way said company sliallhave authority and power
to lay out, designate and establish their road, in widthnot ex-
ceeding one hundred and fifty feet through the centre [en-
tire] line tliereof, and may take and appropriate to their own
use all such lands so designated for the line and construc-
tion of said road, upon first paying or tendering therefor
such amount of compensation or damage as shall iiave been
settled by appraisal in the manner hereinafter provided,
on all such lands as may be taken, or upon any track which
may be located by said company; and for the purpose of
cuttings and embankments, and for the purpose of obtain-
ing stone, sand and gravel, may take and appropriate as
much more of land as may be necessary for the propef
construction, maintenance and security of said road; and
for constructing shops, depots and other suitable, proper
and convenient fixtures, in connection with and appurte-
nant to said railroad, may take and have, use and occupy
81 1853.
any lands upon either side of railroad, not exceeding two
liundred feet in depth from the interior line of said rail-
road, said company taking all such lands as gifts, or pur-
chasing or making satisfaction for the same, in the manner
hert-inafter provided : Provided, that this section shall notp,oviso.
be construed to restrict or prevent the construction of pub-
lic roads or canals or railroads across the road of said com-
pany wiien deemed expedient, but so as not materially to
impair or obstruct the same.
§ 3. The said company, and under their direction, their survey, &e.
agents, servants and workmen, are hereby authorized and
empowered to enter into and upon the lands and grounds of
or belonging to the state, or to any person or persons, bodies
politic or corporate, and survey and take levels of the same,
or any part thereof, and to set out and ascertain such parts
as they shall think necessary and proper for making said
railroad, with, one or more sets of tracks or rails, and for all
the ])urposes connected with said railroad, for which the
said corporation by the last preceding section is authorized,
to have, take and appropriate any lands, and to fell and cut
down all timber and other trees standing or being within
one hundred feet on each side of said line on said railroad;
the damages occasioned by the felling of such trees, unless
otherwise settled, to be assessed and paid in manner here-
inafter provided for assessing and paying damages for land
taken for the use of said railroad company; and also to build,
make, erect and set up in and upon the route of said railroad,
or upon the land adjoining or near the same, all such works,
ways, roads and conveniences as may be requisite and con-
venient for the purposes of said railroad; and also, from
time to time, to alter, repair, amend, widen or enlarge the
same, or any of the conveniences above mentioned, as well
for the carrying, conveying goods, commodities, timber or
other things to and upon the said railroad, as for carrying
or conveying all manner of materials necessary for the ma-
king, erecting, furnishing, altering, repairing, amending or
enlarging the v.orks of or connected with said railroad;
and to contract and agree with the owner or owners there-
of tor earth, timber, gravel, stone or other material, or any
articles whatever, which may be wanted in the construc-
tion or repair of said railroad, or any of its appurtenances;
they, the said company, doing as little damage as possible
in tlie execution of the said powers hereby granted, and
making satisfaction in the manner liereinafter mentioned
for all damages to be sustained by the owners or occupiers
of said land.
§ 4. The said company shall have power and authori- Reausiu*.
ty to receive, take and hold all such voluntary grants and
donations of land and real estate, for the purposes of said
railroad as may or shall be made to said company to aid in
1S53.
82
Pani'ige to
f.iut;:, &.C., li
tiotormined.
the construction, maintenance and accommodation of said
railroad ; and said company may contract and a^it-c with
the owners or occupiers of any land upon which said
company may wish to construct said railroad or way, on
which said company may wish to use or occupy for the
purpose of procuring stone, sand, gravel or earth or other
materials to be used in embankments or otherwise, in or
about tlie construction, repair or enjoyment of said railroad,
or which said company may wish to use or occupy in any
manner, or for any purpose or purposes connected with said
railroad, for whicii said company is empowered or au-
thorized by this act to take, have or appropriate any lands,
and to receive and taki; grants and conveyances of any and
all interests and estates therein, and to them and to their
successors or assigns, in fee or otherwise; and in case said
company cannot agree with such owners or occupiers of
said lands as aforesaid so as to procure the same by the
Aoluntary deed or act of the owners or occupiers thereof,
or if the owners or occupiers, or any or either of them, be
YeviTnes covert^ infants, non compos mentis, unknown or out
uwof the county in which the land wanted may lie or be sit-
uate, tiie same may be taken and paid ibr, if any damages
are awarded, in the manner provided for in an act to amend
the law condemning the right of way for purposes of in-
ternal improvement, approved June 22, 1852 ; and the fi-
nal decision or award shall vest in the corporation hereby
created all the rights, privileges, franchises and immuni-
ties in said act contemplated.
§ 5. The capital stock of said company shall be one
million dollars, which may be increased from tjme to time
by a vote of a majority in interest of stockholders at their
annual meeting, or at any sjiecial meeting that may be call-
ed for that purpose by the directors of said company, to any
sum not exceeding the entire amount to be expended on
account of said road ; which stock shall be divided in shares
of fifty dollars each, which shall be deemed personal prop-
erty, and may be issued, certified, transferred and regis-
tered in such manner and at such places as may be order-
ed and provided by the board of directors, who shall have
power to require the payment of stock subscribed in the
'"''manner and at the timi; and in such sums as they may di-
rect; and on the refusal or neglect on the part of stock-
holders, or any of them, to make payment on tlie requisitions
of the board of directors, the shares of such delinquents may,
after thirty days' public notice, be sold at public auction,
under such rules as the directors may adopt, the surplus
money, if any remains after deducting the jinymrr.t due,
with tlie interest and the necessary costs of sale, to be paid
open to the delinquent stockholder. The board of directors
hereinafter named and appointed sliall cause books to be
83 1853.
opened for subsci'iptions to the capital stock of said com-
pany, at sucii titno and places, and in such manner, as they
shall direct : Provided, that as soon as two hundred thou- proviso.
sand dollars of subscription shall be made to said capital
stock, and ten per cent, thereon paid, it shall be lawful for
said company to commence the construction of said road.
§ 6. All the corj)orate powers of said company shall be Directors,
vested in and exercised by a board of directors, to consist
of not less than seven, nor more than seventeen in number,
and such other officers, agents and servants as they shall
appoint. The first board of directors shall consist of Hi-Thon:>m.«>.riin.(
ram Rountree, Sidney Breese, Ninian W. Edwards, Archer ^^^^ ""^ ^"^
G. Herndon, Lorenzo P. Sanger, James Wightman, Thom-
as Philips, John T. Stuart, Elias S. Dennis, James Brad-
ford, William Paisley, Wingate H. Maddux, William Young,
who shall hold their offices until their successors are elect-
ed and qualified. Vacancies in the board may be filled b)'
vote of two-thirds of the directors remaining; such appoin-
tees to continue in office until the next regular annual elec-
tion of directors, and which said aimual election shall be
held on the fi:st Monday of September in each year, at such
place as the directors may direct, thirty days' notice being
given in two newspapers printed along the line of said road,
or in the papers published in Springfield.
§ 7. At any election held for directors, each share ofEiectioiw.
stock shall be entitled to one vote, to be given eitlier in
person or by proxy, and the persons receiving the largest
number of votes to be declared duly elected, and to hold
their office until the next annual election, and until their
successors are elected and qualified. All elections for di-
rectors to be conducted b}' three judges, selected by the
stockholders present.
§ 8. The directors herein named are required to organ- President, am
ize the board by electing one of their number president, and ^t*^" <>"''=*"■
by appointing a secretary and treasurer.
§ 9. Said company shall have power to purchase with Power to pn-
the funds of this company, and contract for and place on ^^y -"''■'■='■'*»
the railroad hereby authorized to be constructed, all mn-
chines, wagons, carriages and vehicles cf any description
which they may deem necessary and proper for the purpo-
ses of transportation on said railroad ; and tiiey shall iiave
power to charge for tolls and transportation and rates of
fare such sums as shall be lawfully established by the by-
laws of said company.
§ 10. Said coinj)any shall have power to make, ordain By- aws.
and establish all such by-laws, rules and regulations as may
be deemed expedient and necessary to fulfil the purposes,
and carry into effect the provisions of this act, and for the
well ordering and securing the affairs, business and inter-
185:5.
84
i'ro»fs<>. est of said company : Provided, that the same he not re-
pugnant to tlie constitution and laws of the United States
or of tliis state.
TrAiiKi.-r^uion, § H. The Said board of directors sliall liave power to
^'" regulate the manner of transportation of persons and prop-
erty, the width of track, the construction of wheels, the
form and size of cars, the weight of loads, and all other
matters and things respecting the use of said road, and the
conveyance and transportation of persons and property
thereon.
Water courses § 12. Whenever It sliall be necessary, for the coustruc-
M'i h.s;hwa.vs. ^j^j^ ^|- g^^j^j railroad, to intersect or cross a track of any
other railroad, or any stream of water or v/ater course, or
roiid or highway lyiug on the route of said road, it sliall
be lawful for the company to construct their railroad
across or upon the same : Provided, that the said company
shall restore the railroad, stream of water, water course,
road or highway, thus intersected or crossed, to its former
state, or in a sufficient manner not materially to impair its
usefulness.
EMWdemts. ^ 13. Tlie sald company shall annually, or semi-annu-
ally, make such dividend as they may deem proper of the
net profits, receipts or income of said company among the
stockholders therein, in proper proportion to their respec-
tive shares.
pauaitiKi. 9 14. If any person shall do, or cause to be done, or
aid in doing or causing to be done any act or acts whatso-
ever, whereby ? ly building, or construction, or work of
said company, jr any engine, machine, or structure, or any
matter or thing appertaining to the savne, shall be stopped,
obstructed, impaired, or weakened, impaired or destroyed,
the person or persons so offending shall be guilty of a mis-
demeanor, and may be punished upon conviction by fine
in any sum not exceeding one thousand dollars, or by im-
prisonment, not exceeding five years, or both, at the dis-
cretion of the court, and sliall forfeit and pay to said cor-
poration treble tlie amount of damages sustained by reason
of such offence or injury, to be recovered in the name of
said co;n!)any, with costs of suit, in an action of trespass,
before any justice of the peace of this state, or before any
court having jurisdiction tlioreof.
nnioi. .viu, ather § 15. Saidcompauy shall liavc the povrer to unite its
"**'"' railroad with any other railroad now constructed, or which
may hereafter be constructed in this state, along or on the
line of the road hereby authorized to be constructed, upon
such terms as may be mutually agreed upon between the
companies so connecting ; and for that purpose full power
is hereby given to said company to make and execute such
contracts with any other company as will secure the ob-
jects of such connection.
85 1853.
N — — — — —
§ 16. The said company are hereby authorized to bor- po^^^'t to iwrrow
row money, from time to time, on the credit of the compa-
ny, at any rate of interest, not exceeding eight per cent,
per annum as may be agreed upon between the parties, for
the sole purpose of constructing said road, and furnisliing
the same with cars, locomotives and other machinery ne-
cessary to carry on tlie operations of said company, and may
issue its corporate borids therefor in denominations of not
less than five hundred dollars; and to secure the payment
thereof, with tiie interest that may accrue thereon, may-
mortgage their corporate property or franchises, or convey iiortgas"-.
the same by deed of trust for said purj)oses ; and they may,
by their T)resident, or other officers or agents, sell, dispose
of or negotiate such bonds or stocks of said company, at
such times and places, either within or without the state,
and at such rates and for such prices as, in their opinion,
will best advance tiie interests of the said conspany ; and
if sucli bonds or stocks are tluis sold at a discount, such
sale siiall be as valid and binding in every respect as if sold
at par value ; and the said company may confer upon any
bondholder of any bond issued for money borrowed as af re-
said, the right to convert the principal due or owing theie-
on into stock of said comj)any, at any time not exceeding
ten years from the date of the bond, under such regula-
tions as the board of directors of said company may pre-
scribe.
§ 17. The said company liereby chartered shall be re- Time for con-
quired to construct and operate their said road, th.roughout ^*""''^"'""
the entire line thereof, according to the terms of this char-
ter, within five years after the work shall be commenred
tliereon, and upon failure so to do, shall forfeit all rights
and privileges, tracks completed and work done upon said
road : Provided, the work shall be commenced on said
road within two years after the passage of this act.
§ 18. All the stockholders of said company shall be stockhowers m-
severally individually liable to the creditors of said compa- **'^'''"'''"-'"'*'''*
ny to an amount equal to the amount of stock held by them
respectively, for all debts and contracts made by said
company, until the whole amount of capital stock fixed and
limited by said company or by this act shall have been paid
in, and shall be jointly and severally liable for all debts that
may be due and owing to any and all their laborers, ser-
vants and apprentices for services performed for said com-
p.iny, but shall not be liable to an action therefor before an
execution shall be returned unsatisfied, in wliole or in part,
against said company, and then the amount due on said
execution shall be tlie amount recoverable, with costs,
against said stucklioldors : Provided, tiiat none of the pro-
visions of this section shall be applicable to the said com-
pany hereby incorporated until the same provisions shall be
1853.
86
applied to the Central Railroad Company and brandies,
and the Rock Island, La Salle and Chicago Railroad Com-
pany.
oertincateof sec- § 19. The Certificate of the Secretary of Said compan}',
uence.'" '''^ '^^" Under tlie corporate seal thereof, shall be received in all
courts of justice and elsewiiere, as evidence of the regular
organization ot said company under its charter, and of any
actor order of the board of directors of said company.
§ 20. Tliis act shall be deemed and taken as a public
act, and sliall be in force from and after its passage.
Approved February 12, 1853.
inforcn Feb. 11, AN ACT lo incoi'porafe the Rockfon, Stale Line and Mississippi Railroad
1853. Company.
Sf.ction 1. Be it enacted hy the jjcople of the state
of Illinois, represented in the General Jissemhh}, 'i'hat all
oonwration. such persous as shall become stockholders agreeably to
the provisions of this act in this corporation hereby created,
shall be, and for the term of sixty years from and after
the passage of this act shall continue to be, a body cor-
.v.y!-, &c, porate and politic, by the name and style of "The Rockton,
State Line and Mississippi Railroad Company," and by that
nan-.e shall have succession for the terra of years above
flenorai powsrs. specified, may sue and be sued, complain and defend in
any court of law or equity, may make and use a common
seal, and alter the same at pleasure ; may make by-laws,
rules and regulations for the management of its property,
tlie regulation of its affairs, and for the transfer of its stock
not inconsistent with ihe existing laws aiul con>titution of
this state or of the United States, and may appoint such
subordinate agents, officers and servants as the business of
the said comj)any may require, prescribe their duties and
require bond for the faithful performance thereof
exnmi.sioners. § 2. That William Randal!, Wait Talcott, John B,
Peterson, Darius Adams, Thomas B. Talcott, Solomon
Webster, William R. Weld, F. W. Merrill and Thomas
Grouts, be and are hereby aj)pointed commissioners foi*
lYociireaubscrip- the purpose of procuring Subscriptions to the capital stock
of said company, whose duty it shall be to open books for
subscription to the capital stock of said comptny, giving
wattce. notice of the time and place when and where said books
will be opened, at least twenty days previous thereto, by
publication in some newspaper published in the county of
Winnebago. The said commissioners, or a majority of themy
shall attend at the place appointed for the opening said books
and shall continue to receive subscriptions, either per-
87
1853.
sonally, or by such agents as they shall appoin for i.at
purpose, until the sum of twenty thousand dollars shall
have been subscribed, and as soon as said sum of twenty
thousand dollars is subscribed, the said commissioners shall
give tw.ulvd.vs' nolle. l>y pnblic.tl.n 1:1 a ne^vspai,or
published in Whmebago county, of an election by said
stockholders of a board of directors as hereinafter provi- r, .....u.octo.
ded for the management of said company, at such time
and 'place appointed for that purpose. The commissioners
or a maiority of them, shall attend and act as inspectors o
said eh^ction, and tlie stockholders present shall proceea
io elect nine directors by ballot, and the commissioners
present shall certify the result of such election under then-
hands, which certi'ticate shall be recorded in tlie record
book of said company, and shall be sufficient evidence 0
the election of the directors therein named. The directors
thus elected. shall liold their offices for one year, and until
their successors are elected and qualifu'd.
5 3. The capital stock of said company soah be three opun: ,.,.,■..
hundred thousand dollars, which shall be divided into shares
of hftv dollars each, and may be increased by the directors
of said company to any sum not exceeding twen.y thou-
sand dollars per mile, if necessary to complete the works
herein authorized, and the same shall be subscribed foi and
taken under the direction of the board of directors of said
company,insuchtime,phiceandmanneras the said directors
shall from lime to time direct. The shares m said company
shall be deemed and considered as personal property.
cS 4. The aflfairs of said company shall be managed by Divec......
aboard- of nine directors, to be chosen annuady by the
stockholders from among themselves. At all elections foi -..,...
directors each stockiioider shall be entitled to one vo e
for each share held by him, and may vole either personally
or by proxy, and a plurality of votes given at any election
shall determine the choice, and no stockholder shall be
allowed to vote at any election after the first/or any stock
which shall have been assigned to him within thirty dajb
^reWous to such election. "The directors shall hold t e........
office for one year after elected ^"^V?^'^' 1 ' l^'lf pW
their successors are elected and qualified, and snail elect
one of their number president of said board, and in case
any vacancy occurring in said board of directors, between
elections, the same may be filled by the board at any lega
meetincT of the directors, and the person so elected to hJ
Te vacancv shall hold his office until the next annua
meetina of 'the stockholders. In case of the absence ot
"e president the board of directors shall '«--. f-- .^
dec a presi ient pro tempore, who shall exercise for the
tim. be ng all the' legal powers of the president of said
companv. The said board of directors may be diminished
President
1853. 88
to anj' number not less than seven, and increased to any
number not exceeding thirteen, by a vote of a majority of
the stockholders })resent, at any annual meeting.
i'ay!u<;iitofstuci,-. ^ 5. It sliall bc lawful for the directors to make calls
upon the sums subscribed to the caf)ital stock of said com-
pany, at such time or times and in such amount as thej'
shall deem fit, giving at least thirty da3s' notice of each of
said calls in at least two newspapers published in this
state; and in case of failure on the "part of any stockholder
to malce payment of any call made by said directors for
sixty days after the same shall be due, the board of direc-
tors are hereby autliorizcd to declare said slock so in ar-
rears, and all sums paid thereon, forfeited to said company.
r„.v r u. ijc te, ^ 6. Said company are hereby authorizid and empow-
ered to locate, construct and complete, and maintain and
operate a railroad, with a single or double track, and with
such appendages as may be deemed necessary by the di-
rectors, for the convenient use of the same, from the vil-
lage of Rockton, in Winnebago county, to the Mississippi
river, at any point in this state not south of a line running
due east and west from Savanna, at which point, or at
ro^vniuomnect. any place east of said river, may connect with any other
railroad now built or hereafter to be built in this state, and
shall have jiower to run a branch to the state line in Win-
nebago or Stephenson counties, and also, to run to and
connect with any railroad east of Rockton running to the
cit}' of Chicago, and to make such arrangements with such
railroad comj)anies as the interest of said company may
require, and to survey and determine the line of said road
upon such route as the said company shall deem most
eligible; and the said company are further authorized and
TvMMsroviatioii, shall have power and authority to regulate the time and
!v:i', &c. manner in which goods, effects and persons shall be trans-
ported on tiic same, and to prescribe the manner in which
said railroad sliall be used, and the rate of toll for the
transportation of persons and ])roperty thereon, and for
the storage of merchandise and the proj)erty under their
charge, and shall have power to provide all necessary stock
and material for the operation of said road, and shall have
power to erect and maintain all necessary depots, stations,
shops, and other buildings and machinery for the accom-
modation, management and operation of said railroad.
8urvey3,&c. ^ 7. That Said Company are hereby authorized, by their
engineers aud agents, to enter uj)on any lands for the j)ur-
pose of making the necessary surveys and examinations of
said road, and to enter upon and take and liold all lands
necessary for the C(Uistruction of the said railroad and
brant hos and i's appendages, first making just and reason-
ablt^ compensation to the owners of said lands for any
DMURges. damages that may arise to them from the building of said
89 1853.
railroad; and in case the said company sltall not be able to
obtain tlie title to the lands through which the said road
shall be laid, by ])iirchase or voluntary cession, tiie said
comj)any are hereby authorized to proceed toasceitain the
damnges sustained by such owner or owners, and dtter-
niine the same in the manner and upon tlie principles j>ro-
vided by the 92d chapter of the Revised Statutes of this
state, entitled "right of way" : Provided, that alter the inpht or way.
appraisal of damages as provided in said statute, and upon
deposite of the amount of such appraisal with the clerk of
the circuit court of the county wherein such lands n);iy be
situated, (he said company are lureby authorized to enter
upon such lands for the construction of said road.
§ 8. The said company are authorized and empowered Powsr to borrow
to borrow from time to time such sums of money, not ex-
ceeding the capital stock of said company, as in their
opinion may be deemed necessary to aid tlie construction
of said road, and to pay any rate of inteiest therefor not
exceeding ten per cent., and to pledge and mortgage the
said road and its ajipendages, or any part thereof, or any
other property or effects, rights, credits, or franchises, of
said company, as security for any loan of money and in-
terest thereon, and to dispose of the bonds issued for such
loans at such rate or on such terms as the board of directors
may determine.
1^ 9. Said compiny may construct their said road or-\vat<?r conrpe*
branches over or across any stream of water, water courf<e, ^°'* streams,
road, highway, railroad or canal which the route of its
road shall intersect, but the company shall restore the
stream or water course, course, road or highway thus in-
tersected, to its former state, or in a sufficient manner not
to have impaired its usefulness. Whenever the track of
said railroad shall cross a road, highway, jailroad or canal,
such railroad or highway may be carried under or over said
track, as may be found most expedient; and in case where
an embankment or cutting shall make a change in the line
of road or highway desirable, with a view to a more
easy ascent or descent, the said company may take such
lulditional lands for the construction of such road or liigh-
way as may be deemed requisite by said com{)any, unless
tlie lands so taken or purcliased, or voluntarily given for
the puri)oses aforesaid, compensation therefor shall be as-
certained in the manner in this act provided, as nearly as
may be, and duly made by said company to the owneisand
persons interested in such land's; the same when so taken
or compensation made, to become a part ot such intersect-
ing road or highway, in such manner and by such tenure
as'the adjacent part's of the same highway may be held for
highway purposes.
1853.
90
§ 10. Any person who sliall wilfully injure or obstruct
the said road, or any of the appendages tliereto, shall be
deemed guilty of a misdemeanor, and shall forfeit to the
use of the company a sum three-fold the amount of the
damages occasioned by sucii injury or obstruction, to be
recovered in an action of debt in the name of said com-
pany, with costs of suit, before any justice of the peace, or
before any court of record in this state.
§ 11. The said company shall be allowed five years
from the passage of this act for the commencement of the
construction of said railroad, and in case the same shall
not be completed in ten years thereafter, th.e privileges
herein granted shall be forfeited.
§ 12. This act shall be deemed and taken as a public
act, and shall be construed beneficially for all purposes
herein specified or intended, and shall take effect from and
after its passage.
Approved Feb. 11, 1853.
lu force Feb. 5, AN ACT to amend iva act entitled 'an act to incorporate the Cliicacfo and
1853. Milwaukie Railroad Company,' approved February 17, 1S51.
Srtrporate
clianged.
Section 1. Be zi enacted 1)7/ the people of the state of
"!<? Illinois^ represented in the General Jlssembly^ That the
corporate name and style of the company created by said
act is hereby changed to "Chicago and Milwaukie Railroad
Company."
,,Q. § 2. Said company is hereby authorized and empow-
ered to construct its railroad from the city of Chicago,
contiguous to and not more than ten miles from the shore
of Lake Michigan, by the way of Waukegan, to the north
line of this state, and to terminate said road at such points
on the north line of the state, within said limits as the
her board of directors may see proper, and to unite with any
otlier railroad in the state of Wisconsin, within said liniits,
and to make all such arrangements, contracts and agree-
ments as the board of directors may deem necessary with
any railroad company with whom they may so unite for
the transportation of freight and passengers, and the trans-
action of business generally between them, and for the
use, or sole or joint ownership of either of said roads by i
the other company.
eu- § 3. Said company is hereby authorized to extend its
said road northwardly from its termination on said state
line to the city of Milwaukee in the state of Wisconsin, or
to purchase and own any railroad with which it may so
connect, at said state line, to said city of Milwaukee.
91 1853.
§ 4. By and with the consent of the stockholders ofp.^wer to red u^'
said company, the capital stock thei-eof may be reduced '^^"i"'^''' ^^o^"*-
bj' the board of directors of said company to tiie sum of
five hundred thousand dollars, with tlie right to increase
said capital at any time, in the discretion of said board, to
tlie sum of two millions live hundred thousand dollars.
§ 5. So much of the act to which this is amendatory \c.t,.epeatr<i.
as conflicts witli the provisions of this act is hereby re-
pealed, and the remaining portions of said act shall remain
in full force. This act to take eifect and be in force from
and after its passage.
Approved Februar} 5, 1853.
AN ACT to amend an act entitled '-'An actio incorporate the St. Clair Rail- inforce Ftb. ll,
road Company." 1853.
Section 1. Be it enacted by the people of the state of
lllinuis, represented in the General ./Assembly, That the Corporate namo
corporate name of the St. Clair Railroad Company is '='^'-"^"'-
hereby changed to "The St. Clair Railroad and Coal Com-
pany," by which name and style it shall succeed to and have
and exercise ail tlie rights, franchist- s, powers and immu-
nities heretofore enjoyed by the St. Clair Railroad Com-
§ 2. The said corporation may have and exercise all power to issue
such powers, not heretofore granted, as are necessary to ''°"''''' '■
carry out its general objects, and may for that purj)Ose is-
sue bonds in sums not less than five iiundred dollars each,
at rates of interest not exceeding ten per cent, per an-
num, payable at a future time, not more than twenty-five
years, and dispose of ai.d negotiate the same in such man-
ner and at such times and places as the board of directors
of said company may appoint : Provided, said bonds
may be, if said board shall deem expedient and necessary,
secured by mortgages, deeds of trust, or otherwise, upon
pledge of the property, real and personal, of said compa-
ny; said bonds to be issued only in pursuance of an order
of the board of directors, and to be signed and scaled by
their president, and attested by their secretary, and a re-
cord kept by them in the books of said company. This act
to take effect from and after its pa'^sage.
Approved February 11, 1853.
1853. 92
In foieaFeb. 11, AN ACT supplemental to an -'Act to incorporate the Ohio and Mi.-sissipn;
1653. Railroad Company."
Section 1. Be it enacted hy the people of the stale of
Power to elect Illinois, represenU'd in the General ^''Isfiembly, That it sliall
vjc,. presi .n ^^ lawful foF the Ohio and Mississippi Railroad Company
to elect a vice president from the persons composlr.g the
board of directors, who shall, in the absence or disability
of the president, have the same powers and perform the
duaes appertaining to the office of president, and such other
duties as the said company may prescribe by the by-laws
or resolutions of its board of directors.
§ 2. This act to take effect and be in force from and
after its passage.
Approved February 11, 1853.
force V"h. 12, AN AC f supplemental to an act entitled ''An act to incorporate the Ohio
1S53. Kiver and Wabash Railroad Company."
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly, That Thom-
'iraiorf ^''"'" ^is Bonnuiii and John Campbell, of Wayne county, and John
A. Wilson and Samuel S, Marshall, of Hamilton county, be
and they are hereby declared and created additional cor-
porators with those named in the first section of the act to
whicli this is a supplement, and that they have all the pow-
ers and privileges of corporators as fully and completely
as if they had been named as such in said original act.
§ 2. This act shall be in force from and after its pas-
sage.
Appro VKD February 12, 1853.
In fore- I'oK 12, AN ACT to amend an act entitled -'An act to incorporate the Galena and
1^53. ' Chicae;o Union Railroad Company," approved January 16^ 18ot).
Section 1. Be it enacted by the people of the state of
Illinois, rep7'esentcd 1)1 the General Assembly, Tliat the Ga-
Authori/.ca tojnj^a and Chicago Union Railroad Company be and they
straighten route, ' , , .., • i x 4. • i 4. *i 1 • .. i- -j
Jtc, are hereby authorized tostraigliten tlielme or route ol said
railroad wherever and whenever said company may deem
it expedient, and for that purpose may obtain, by ])urchase
or condemnation, the right of way, in the manner provided
in said act incorporating said company, and may lay down
93 1853.
and maintain one or more additional tracks on said road,
wiienever they shall deem the ]niblic interest requires it.
Said company shall have the right to obtain, by purchase RtgM to oondemn
or condemnation, in the manner provided in their said act '""'J'^'*'"-
of incorporation, additional depot grounds for the use of
said company, whenever they shall deem it necessary.
Approved Ftbruar}- 11, 1853.
AN ACT to facilitate the construction of the Northern Cross Railroad and in force i-'cb. lo,
its Northern Branch. iS'3.
Section 1. Be it enacted h}j the people of the state of
Illinuis, represented in the General ^Isscmbty^ That the
Norti^.ern Cross Radroad Company shall have power and^^^^^j''^ ^'' '^■•*
authority to issue bonds or other evidences of debt for
the purposes of raising money for the construction and
equipment of the road of said company, and bearing such
rate of interest, not exceeding ten per cent., as the com-
pany may deem advisable, and such evidences of debt may
be sold or otherwise disposed of, either within or without
this state, in raising money or procuring labor and mate-
rials in the prosecution of said work, upon such terms and
rates as may be agreed upon by the parties, and if such
sale or other disposition of such bonds or evidences of
debt shall be at a discount, the same shall remain as valid
and binding, in every respect, as if sold at par value.
§ 2. It shall be lawful for the Chicago and Aurora •^^^j^i^pan^j^^s^ ^a«-
Railroad Company and the Central Military Tract Rail- sciibestock.
road Company to subscribe and hold stock in the said
Northern Cross Railroad Company, to an amount not ex-
ceeding ten per cent, of the capital stock of each of the
said companies so subscribing.
§ 3. This act to (alee effect ard be in force from and
after its passage.
Approved February 10, 185S.
AN ACT to incorporate the Decatur and Danville Railroad Company. In force Foi . 12
1853.
Section 1. Be it enacted by the people ((f the state of
Illinois, represented in the General Jissernhly, That Sam-corporation.
uel Rea, Jacob Stangler, Wm. Rea, Wm. S. Cressey, An-
derson Froman, Wm. Martin, R. G. Oglesby, Joseph King,
H. C. Johns, James McReynolds, C. R. Ward, Wm. H-
1853. 94
Pratt, J. C. Johnson, Franklin Harris, W. D. Summers,
W. N. Coler, Asa Gere, J. W. Jaqueth, Wm. Fithian,
Enoch Kingsbury, Amos Williams, Samuel Craig and Mil-
ton Davis, their associates, successors and assigns, be and
they are hereby constituted a body corporate and politic,
rtyio, &o. under the name and style ol" "The Decatur and Danville
Railroad Company," for the purpose of surveying, loca-
Objccts. ting, constructing, completing, operating and maintaining
a railroad from tlie town of Decatur-, in Macon cormty,
Illinois, thence upon the most eligible and direct route,
through the town of Monticello, in Piatt county, and the
town of Urbana, in Champaign county, to the town of
Danville, Vermilion county, and thence to the state line
of Indiana, in the direction of Lafayette or Covington, in
the state of Indiana, whenever the said persons, or their
assigns, shall organize in full compliance with the provisions
of the act entitled "An act to provide for a general system
of railroad incorporations," approved November 5, 1849.
org!i!ii/.:i(! n. § 2. Whenever the said comj)any shall have organized
as herein provided, it is hereby declared that the object is
of sufficient importance and public use to justify the taking
of private property for constructing and maintaining said
road under the provisions of said act.
§ 3. This act shall take effect and be in force from and
after its passage.
Approved Feb. 12, 1853.
To force Peb. ic, AN ACT lo incorporate tl'.e Pckin, Canton and ISIacomb Railroad Company.
1863.
Section 1. Be it enacted hij the penple of the state of Illi-
nois^ represented in the General Assembly, Tliat the Pekin,
fon'wuj.k,ii "JHiQajjton and Macomb Railroad Company shall be and they
are hereby constituted a body politic and corporate, and
Gcoeraipoweis. by that name shall have perpetual succession, and shall
have power to contract and be contracted with, sue and
be sued, plead and be impleaded, in all courts and places;
have a common seal, and alter the same at pleasure ; and
shall have power to make by-laws not inconsistent with the
laws of this state or United States.
Ki..i,owerc<i ^vilh § 2- Tlic Said Pekiii, Canton and Macomb Railroad Com-
nii rights praiit- pjjjjy jjg and are hereby empowered with all the rights and
privileges heretofore granted to the Warsaw and ^lacomb
Railroad Company, by an act entitled "An act to incorpo-
rate the Warsaw and Macomb Railroad Company," appro-
ved February l5th, 1851.
^> 3. That said Pekin, Canton and Macomb Railroad
Company shall have power to lay out, and are hereby au-
95 1853.
thorized to construct and maintain a railroad, with one or
more tracks, from Pekin, in Tazewell county, by the way
of Canton, in Fulton county, to Macomb, in McDonough
county, with full power to connect at or near either point
of terminus with any railroad now built, or hereafter to be
constructed, and for that purpose are hereby empowered
and authorized to take and condemn such lands as may be
necessary for the construction of said road in the manner
provided for by said act above referred to, and by the laws
of this state.
§ 4. That Thompson Maple, Jolm W. Ingersoll, Thom- commiraion.
as J. Little and Parley C. Stearns, of the county of Fulton,
and Hu<T;h Ervin and Isaac Grantham, of McDonough coun-
ty, and Wiliiam B. Doolittle, Samuel P. Bailey, David Mark,
Richard N. Gill and James Haines, of tiie county of Taze-
well, are hereby aj)poijited commissioners, whose duty it
shall be, within six months after the passage of this act, at
some suitable place in the towns of Pekin, Canton and Ma-
comb, and in such other places as a majority of them may
direct, to open books and receive to the capital stock of capital tioci
said company, in shares of one hundred dollars each, after
giving thirty days' notice of the time and place of opening
such books ; and the said commissioners shall be authori-
zed to re-open said books at such other times and places,
and in such manner as they may deem proper. The capi-
tal stock of said company shall be five hundred thousand
dollars, in the manner provided for in said act above refer-
red to: Pi'ovided, the publication of the notices shall be rroviso.
published in tlie said counties of McDonough, Fulton and
Tazewell. This act to take effect and be in force from
and after its passage.
Approved February 12, 1853.
AN ACT to iiicorporate the Western Air Line Railroad Company. jn force Fib.
1853.
Section 1. Be if: enacted by the people of the state of
Illinois, represented in the General Assemhly^ That Jabez eorporaton.
Fislier, William Fisher, William Fenn, SUas Ramsey, The-
odore Perry, Robert Boal, William Maxwell, Henry L.
Crane, Samuel L. Fleming, Jeriah Borliam, James Max-
well, Washington E. Cook, T. L. Fetter, James VV. Calla-
han, J. J. Fenn, David Vernay, John Weir, Sanford
Broadus, Jesse B. Bane, William B. Green, Reuljen Bell,
William Drury, James S. Thompson, Levi Willet, E. Gil-
more, Thomas R. Vanmeter, T. J. Henderson, Oliver
Whitaker, Elijah lies and Peter Vanbergen, and their as-
1853.
96
Qenerai powers.
sociates, successors and assigns, are hereby created a body
corporate and politic, under the name and style of the
"Western Air Line Railroad Company," with perpetual
succession, and by that name be and they are hereby made
capable in law and in equity to sue and be sued, plead and
be impleaded, defend and be defended, in any court of law
and equity in this or any other place ; to make, have and
use a common seal, and the same to renew and alter at
pleasure ; and shall be and are hereby vested with all
powers, privileges and immunities which are or may be
necessary to carry into eflect tl.e purposes and objects of
Objects. tliig act as hereinafter set forth; and tlie said company are
hereby authorized and empowered to locate, construct and
jfinaliy complete and put in operation, a railroad from the
east bank of the Mississippi river, at tiie town of New
Boston, in Mercer county, in this state, thence to the town
of Lacon, in tlie county of Maishall, in tliis state, to the
eastern line of this state, in the direction of Fort Wayne,
in the state of Indiana, with privilege to locate said road
from said town of Lacon to t'ne east line of this state, at a
point not exceeding fifteen miles north or twenty-five
miles south of a direct line drawn from Lacon to Fort
Wayne; and for this purpose said company are authorized,
upon the most eligible and direct route, to lay out their
said railroad, not exceeding one liundrcd and fifty feet in
widtii tlirough the whole length, and for the purpose of
erecting embankments, may take as much more land as
may be necessary for the proper construction and security
of said railroad.
Gftpiiai stock. § 2. The capital stock of said company shall oe two
millions of dollars, which said capital stock of this compa-
ny may, by order of the the board of directors, be in-
Miy be increased, creased, whcu deemed necessary, to any amount not ex-
ceeding the actual huna fide estimated cost of construction
and equipping said road ; and subscriptions to the increased
capital stock may be made from time to time, as may be
ordered and directed by the board of directors of said com-
pany, whicli shall be divided into shares of one hundred
dollars eacli, whicli shall be deemed personal property, and
may be issued, certified, transferred and registered in such
manner and at such places as may be ordered and provided
ftequire payment by the board of directors, v/ho siiall have power to require
of 8tocit. w^Q payment of the stock subscribed in the manner and at
the time and in such sums as tliey may direct; and on the
refusal or neglect on the part of the stockholders, or any of
them, to make payment on the requisition of the board of
directors, the share of such delinquent may, after thirty
days' public notice, be sold at public auction, under such
rules as the directors may adopt ; tlie surplus money, if any
remains after deducting the payments due, with the inter-
97 * 1853.
est and necessary cost of sale, to be paid to the delinquent
stockholder. The board of directors liereinafter named
and approved shall cause books to be opened for subscrip-
tion to the capital stock of said company,at such times and
places and in such manner as they sliall direct: Provided, 'pto-viso.
that as soon as two hundred thousand dollars of bona fide
subscription shall be made to said capital stock, and five
per cent, thereon paid, it shall be la\yfal for said company
to commence the construction of said road: Pro rz^eafprovidea further.
further, that unless said company shall obtain bona fide
subscriptions to their capital stock amounting at least to
five hundred thousand dollars, and shall elect directors and
become fully organized within tliree years from the pas-
sage of this act, then this act shall be null and void.
§ 3. All the corporate powers of said company shall be Director.^.
vested in and exercised by a board of directors, to consist
of not less than seven and not more than eleven in number,
and such other officers, agents and servants as they shall
appoint. The first board of directois shall consist of Wil-
liam Fisher, Theodore Perry, J. J. Fenn, E. Gilmore, James
S. Thompson, Thomas J. Henderson and E. A. Whipple,
who shall hold their office until their successors are elect-
ed and qualified. Vacancies in the board maybe filled by vacancies.
a vote of two-thirds of the directors remaining; such ap-
pointees to continue in office until the next regular annual
election of directors ; the time, place and notice of said an-
nual election to be determined by the said board of direc-
tors.
§ 4. The said company is hereby authorized, by their survey, &.,
agents, surveyors and engineers, to cause such examina-
tion and survey to be made of the ground and country be-
tween the said town of New Boston and Lacon, and between
the latter place and the said east line of this state, as shall
be necessary to determine the best route for tlie proper line
or course whereon to construct their said railroad ; and it
shall be lawful for said company to enter upon and take
possession of and use all such lands and real estate as may
be necessary for the construction and maintenance of tlieir
said railroad, its depots, side tracks, water stations,
engine houses, machine shops and other buildings and ap-
pendages necessary to the construction and working of
said road : Provid''d, that all lands or real estate entered '"'^'^''•
upon and taken possession of and used by said corporation
for the purposes and accommodation of said railroad, or
upon which the site for said railroad shall have been loca-
ted or determined by the said corporation, shall be paid for
by said company in damages, if any be sustained by the
owner or owners thereof by the use of the same for the pur-
poses of said railroad ; and all lands entered upon and ta-
ken for the use of said corporation which are not donated
[ G]
1853. 98
to said company, shall be paid for by said corporation at
such price as may be mutually agreed upon by the said
corporation and the owner or owners of such land ; and in
case of disagreement the price shall be estimated, fixed,
and recovered in the manner provided for taking lands for
the construction of public roads, canals any other public
works, as prescribed by the act concerning right of way,
approved June 22d, 1852.
allies. ^ 5. If any person shall wilful!}^, maliciously or wan-
tonly, and contrary to law, obstruct the passage of any car
on said railroad, or any part tiiereof, or any thing belong-
ing thereto, or shall damage, break or destroy any part of
the said road or implements or buildings, he, she or they,
or any person assisting, shall forfeit and pay to said com-
pany for every such offence treble tlie amount of damages
that shall be proved before any competent court shall have
been sustained, to be sued for in tiie name and behalf of
said company ; and such ofiender or offenders shall be deem-
ed guilty of a misdemeanor, and shall be liable to an in-
dictment in the same manner as other indictments are found
in any county or counties where such offence shall have
been committed, and upon conviction every such offender
shall be liable to a fine not exceeding five thousand dollars,
for the use of the county where such indictment may be
found, and may be imprisoned in the county jail for any time
not exceeding nine months, at the discretion of the court.
6. That the riglit of way and the real estate purchased
for the right of way by said company, whether by mutual
agreement or otherwise, or which shall become the prop-
erty of the company by operation of law, as in this act
provided, shall, upon the payment of the amount of money
belonging to the owner or owners of said land, as a com-
pensation for the same, become the property of tiie compa-
ny in fee simple.
Transportation, §t 7. The Said Corporation may take and transport upon
said railroad any person or persons, merchandise or other
property, by the force and power of steam or animal, or
any combination of them, and may fix, establish, take and
receive such rates of toll for all passengers and j^roperty
transported upon the same as the said directors [shall estab- J
lish ; and the said directors] are hereby authorized and em- j
powered to make all necessary rules, by-laws, regulations j
and ordinances that they may deem necessary and expe- J
dient to accomplish the designs and purjioses, and to carry!
into effect the provisions of this act, and for the transfer and*
assignment of its stock, which is hereby declared personal
property, and transferable in such manner as shall be pro-
vided by the by-laws and ordinances of said company.
Failure to elect § 8. In case it sliould at any time happen tliat an elec-
directora. ^-^^^ ^^ directors shall not be made any day in which in pur-
Real estate, Sec.
99 1853.
suance of this act it ought to be made, the said corporation
shall not for that cause be deemed dissolved, but snch elec-
tion shall be held at any other time directed by the by-laws
of said corporation.
§ 9. Whenever it shall be necessary for the construe- iiite::;cciioiis--,&c.
tion of said railroad to intersect or cross a track of any oth-
er railroad, or any stream of water or water course, or road
or highway on the route of said road, it shall be lawful for
the company to construct their railroad across or upon the
same : Provided, that the said company shall restore the
railroad, stream of water, water course, road or highway
thus intersected or crossed to its former state, or in a suf-
ficient manner not materially to impair its usefulness.
§ 10. Said company shall have power to unite its rail- '^■"'o"^^'th othei
road with any other railroad or railroads now constructing,
or which may hereafter be constructed within this state,
which may cross or intersect the same on its line or in the
states of Indiana and Iowa, or in either of the said last men-
tioned states, upon such terms as may be mutually agreed
upon between the companies so connecting; and for that
purpose fall power is hereby given to said companies to
make and execute such contracts with any other company
or companies as will secure the objects of such connec-
tions.
^ 11. Said company is hereby authorized from time to P^^^er to bMiow
.. ^ ^ -, I c 1 money.
time to borrow such sum or sums oi money as may be ne-
cessary for completing and furnishing or operating their
said railroad, and to issue and dispose of their bonds, in de-
nominations of not less than five hundred dollars, bearing
a rate of interest not exceeding ten per cent, per annum
for any amount so borrowed, and to mortgage the corpo-
rate property and franchises, or convey the same by deed
of trust to secure the payment of any debt contracted by
said company for the purposes aforesaid ; and the directors
of said company may confer on any bond-holder of any bond
issued for money borrowed as aforesaid the right to con-
vert the principal due or owing thereon into stock of said
company, at any timejnot exceeding ten years from the date
of the bond, under such regulations as the directors of said
company may see fit to adopt ; and all sales of such bonds
that may be made at less than their par value shall be good
and valid and binding upon said corporation as if such bonds
had been sold for the full amount thereof.
§ 12. Every conductor, baggage master, engineer, conauctors, bag
breakman, or other servant of said corporation employed in ^*°^ masters.
a passenger train or at stations for passengers, shall wear
upon his hat or cap a badge which shall indicate his office,
the initial or style of the corporation. No conductor or
collector without such badge shall demand or be entitled
to receive from any passenger any fare, toll or ticket, ex-
Bell or si
. whistle to
placed on
1853. 100
ercise any of the powers of his office, and no other of said
officers or servants, without such badge, shall have any au-
thority to meddle or interfere with any passenger, his bag-
gage or property in forming passenger trains. Baggage, or
freight, or m-erchandise, or lumber cars shall not be placed
in rear of passenger cars ; and if they or any of them shall
be so placed, and any accident shall happen to life or limb,
the officer or agent who so directed or knowingly suffered
such arrangement, and the conductor or engineer of the
train, shall each and all be held guilty of a misdemeanor,
and be punished accordingly.
or steam ^ 13. A bell of at Icast thirty pounds Weight, or 3 stcam
he whistle, shall be placed on each locomotive engine, and
locomotive. shall be rung or whistled at the distance of at least eighty
rods from the place where the said road shall cross any
road 0^ street, and be kept ringing or whistling at inter-
vals until it shall have crossed said road or street, under a
penalty of fifty dollars for every neglect, to be paid by said
corporation — one half thereof to go to the informer, and
the other half to the state — and to be liable for all damages
which shall be sustained by any person by reason of such
neglect. Said corporation shall cause boards to be placed,
well supported by posts or otherwise, and constantly main-
tained across each public road or street, where the same
is crossed by the railroad, on such elevation as not to ob-
struct the travel and to be easily seen by travelers, and on
each side of said board shall be painted in capital letters,
at least the size of nine inches each, the words : '■'■Railroad
crossing ! Look out for the cars .'" But this provision
shall not apply to streets or cities, or villages, unless the
corporation be required to put up such boards by the offi-
cers having charge of such streets.
Power to catab- § 14. Said Company are liereby authorized and em-
i:shffrry. powcrcd to make and establish a ferry across the Missis-
sippi river at New Boston, to such point on the Iowa shore
of said river as the said company may be autiiorizcd or
required to land at ; and said company are also autiiorized
and empowered to establish a ferry across the Illinois river,
from any ground owned by them in the town of Lacon, to
the opposite shore of said Illinois river, in said county of
Marshall ; and tiiey are hereby authorized to make and
use all necessary boats and apparatus, of all and every de-
scription whatsoever, advantageous and necessary for thei
use of said company, at either or both of said ferries, anf
propel the same by horse, steam or any mode or powei
that the said company may deem best : Provided, that th(
company shall not use said ferries or allow the same to be
used for any other purposes than those connected with or
carrying out of the business of said railroad.
101 1853.
§ 15. The width of said road is to be determined by width uf r.;a.;.
tlie said corporation, within the limits prescribed by the
first section of this act.
5 16. Said company shall have authority and power to improve lan.iing
improve all or either of their landings, at either or both of
their ferries named in tiie fourteenth section of this act, by
buildi:ig a ])ier or piers, or making embankments into
either or both of said rivers: Provided^ that any sucii im-
provements does not interfere with the free navigation of
eitlier of said rivers.
§ 17. The directors herein named are required to or- orsamzebyciec
ganize the board by electing one of their number jjresideut, ^''•''' p'^'-'^"''^'"-
and by appointing a secretary and treasurer.
§ 18. None but stockiiolders m said company shall beEHgiweto omcc
eligible to the office of director in the same.
§ 19. Said company shall have the right of way overstate lands.
any lands belonging to this state, and it shall be lawful for
said company to enter upon and take possession of and use,
for the purpose of the construction or protection of said
road, any lands belonging to the state, without being sub-
ject to any claim whatever for damages.
§ 20. This act shall be deemed a public act, and shall pumjc act.
be favorably construed for all purposes therein expressed
and declared, in all courts and places whatever, and shall
be in force from and after its passage.
Approved February 9, 1853.
AX ACT to incorporate the Chicatifo, Sterling and Mississippi Railroad ju force Fob.'
Com])any. " * 1S53.
Section 1. Be it enacted by the people of the state of
Illinuis, represented in the General ^/'Issemhltjy That all corporati.'n .
such persons as shall become stockholders agreeably to the
provisions of the corporation hereby created, shall be, and
for the term of ninety years from and after the passage
this act, shall continue to be, a body corpora te and
politic, by the name of "The Chicago, Sterling and Mis- style.
sissippi Railroad Company," and by that name shall Jiave
succession for the term of years above specified; inay sue General pov.--ri!.
and be sued, complain and defend, in any court of law or
equity; may make and use a common seal, and alter the
same at pleasure ; may make by-laws, rules and regula-
tions for tile managament of property, the regulation of its
affairs and for the transfer of its stock, not inconsistent with
the exi>;tiiig laws and constitution of this state, or the
the United States; and may appoint such officers, agents
1853. 102
and servants as the business of the said company may re-
quire, prescribe their duties, and require bond for the
faithful performance thereof.
cwnmiss-.ciiers. § 2. That Isaac Cook, William B. Egan, David Hess,
Joseph Naper, Lewis Ellsworth, William B. Plum, Robert
N. Mathews, Roswell Carter, Hugh V/allace, John Gait,
Royal Jacobs, James McCoy, Samuel Hap))er and Cliarles
Dement, be and they are hereby appointed commissioners
for the purpose of procuring subscriptions to the capital
stock of said com])any, whose duty it shall be to open
books for subscriptions to the capital stock of said com-
pany, giving notice of the time and place when and
where said books will be opened, at least thirty days pre-
in vious thereto, by publication in some newspaper published
Chicago, Aurora and Dixon. The said commissioners, or a
majority of them, shall attend at the places appointed for the
opening of said books, and shall continue to receive sub-
scriptions, either personally or by such agents as they shall
appoint for that purpose, until the sum of four hundred
thousand dollars shall have been subscribed, and soon as
said sum of four hundred thousand dollars shall be sub-
Koticc- scribed, the said commissioners shall give twenty days'
notice, by publication in newspapers in Chicago, Aurora
and Dixon, of an election by said stockholders of a board
of directors, as hereinafter provided, for the management of
said company. At such time and place so appointed for that
purpose, the commissioners, or a majority of them, shall
attend and act as inspectors of said election, and the stock-
holders present shall proceed to elect thirteen directors by
ballot, and the commissioners present shall certify the result
of such election under their hands, wh.ich certificate shall be
recorded in the record book of said company, and shall be
sufficient evidence of the election of the directors therein
named. The directors thus elected siiall hold their oJiices
for one year, and until their successors are elected and
qualified.
Capital stock. § 3. The Capital stock of said company shall be one
million of dollars, which shall be divided into shares of one
hundred dollars each, and may be increased by the direc-
tors of said company to any sum necessary to complete
the works herein authorized, and the same shall be sub-
scribed for and taken under the direction of the board of
directors of said company, at such time, and in such place
and manner as the said directors shall from time to time
direct. The shares of said capital stock of said company
shall be deemed and considered as personal property.
§ 4. The affairs of said company sludl be managed byj
aboard of thirteen directors, to be chosen annually by the
stockholders from among themselves. At all elections
each stockholder shall be entitled to one
103 1853.
vote for eacli share of stock held by him, and may vote per-
sonally or by proxy; and a plurality of the votes given at any
election shall determine the choice. The directors shall directors.
hold their offices for one year alter their election, and until
their successors are elected and qualified, and shall elect
one of their number as president of said board ; and in case
of any vacancy occurring in said board of directors between
elections, the same may be filled by the board at any legal
meeting of the directors, and the person so elected to till
the vacancy shall hold his office until the next annual meet-
ing of the stockholders. In case of the absence of the pres-
ident of the board, the directors shall have power to elect a
president pro tempore, who shall exercise, for the time r,.esi,ie„t a.,.!
being, all the legal powers of the president of said board, ^"i^r om^f "•
5 5. It shall be lawful for the directors to make calls paymentof skkr
upon the sums subscribed to the capital stock of said com-
pany, at such times and in such amounts as they sliall
deem fit, giving at least thirty days' notice of each of said
calls in at least three newspapers published in the vicinity of
said road ; and in case of failure on the part of any stock-
holder to make payment of any call made as aforesaid by the
said directors, for sixty days after the same shall have been
due, the said board of directors are hereby authorized to
declare said stock so in arrears and all sums paid thereon
forJeited to the company.
§ 6. The said company are hereby authorized and em-oijects.
powered to locate, construct, and complete, and to maintain,
and operate, a railroad, with a single or double track, and
with such a})purtenances as may be deemed necessary by
the directors for the convenient use of the same, from the
city of Chicago, thence by the most eligible route to the
village of Naperville, in the county of Du Page, thence to
Aurora, in the county of Kane, tlience near to the village
of Little Rock, in the county of Kendall, thence to Ster-
ling, in the county of Whiteside, thence to the Mississippi
river, to a point not abo\e Fulton City, nor below Albany,
on said river, in said county of Whiteside, and to survey
and determine the line of said road upon such route between
said points as the said company shall deem most eligible; and
the said company are further authorized to use and operate
said railroad, and shall have power and authority to regulate
the time and manner in which goods and effects and persons
shall be transported on the same, and prescribe the man-
ner in whicli said railroad shall be used, and the rate of toll Rate oftcii.&c.
for the transportation of persons and property thereon, and
for the storage of merchandise and other pioperty under
their charge, and shall have power to provide all necessa-
ry stock and material for the operation oi said road, and
shall have power to erect and maintain all necessary de-
1853. 104
pots, stations, shops, and otlier buildings and machinery for
the accommodation, management and operation of said road.
Divided into ui- § 7. The said road, when so located, shall be divided
visions. jj^|.y tj,j,gg divisions, as follows, to v/it : first division to be
composed of that portion of said road situate and being
between the city of Chicago and Aurora ; the second di-
vision thereof to, be composed of that portion of said road
situate and being between Aurora and the point of inter-
section with and crossing of said road and tiie Illinois Cen-
tral Railroad ; the third division to be composed of that
portion of said road situate and being between said point
of intersection or crossing of said Illinois Central Railroad
and the Mississippi river; and it may be lawful for the sub-
scription of the stock to said road to be taken and sub-
scribed for either of the said divisions, or for the whole of
said road, as those taking and subscribing for the same
may deem proper, and in the event that the %vhole or any
portion of said stock be taken and subscribed for by di-
visions, the amount of stock so taken and subscribed for
by divisions shall be a})plied and expended in the construc-
tion of that particular division for which the same was
subscribed for and taken.
; ;.v..vs, ice. § 8. That said company are hereby authorized, by their
engineers and agents, to enter upon any lands for the pur-
pose of making the necessary surveys and examinations of
said road, and to enter upon and take and hold all lands ne-
cessary for the construction of said railroad and its append-
ages, first making just and reasonable compensation to the
owners of said land for any damages that may arise to them
from thiC building of said railroad; and in case said com-
pany shall not be able to obtain the title to the lands
through which the said road shall be laid, by purchase,
or voluntary cession, the said company are hereby au-
thorized to proceed to ascertain and determine the dam-
ages sustained by suc!i owner or owners, in the manner
and upon the principles provided by the 92d chapter of
RiFhtoi v.-«:,-. ^|,g Revised Statutes of this state, entitled "right of way" :
Provided, that after tlie appraisal of damages as pro-
vided in said statute, and upon the deposit of the amount
of such appraisals in the circuit court of the county
wherein such lands may be situate, the said company are
hereby authorized to enter upon such lands for the con-
struction of said road.
Power to bcrrow § 9- The Said compauy arc authorized and empowered
""""■^■* to borrow, from time to time, such sum or sums of money,
not exceeding the amount of capital stock of said com-
pany, as in their discretion may be deemed necessar}' to
aid in the construction of said road, and to pay any rate
of interest therefor not excceiling ten per cent., and to
. pledge and mortgage the said road and its appendages, or
105 1853.
any part thereof, or any other property or effects, rights,
credits or franchises of the said company, as security for
any loan of money and interest thereon, and to dispose
of the bon(!s issued for such loan at such rates or on such
terms as the board of directors may determine.
§ 10. Said company shall be bound to repair all public Highways and
highways, bridges and water courses which may be in- watercourses.
jured in constructing the said railroad or its appendages,
and shall restore them, as far as practicable, to as good a
condition as they were before they weie injured by reason
of the construction of said road.
§ 11. It shall be lawful for the said company to unite union with other
with any other railroad company which may have been or
may hereafter be incorporated by this state, and to grant
to such company the right to construct and use any portion
of said road hereby authorized to be constructed, U])on such
terms as may be mutually agreed upon between said com-
panies ; also, the rigiit to purchase or lease all or any part
of any other railroad which is or may be hereafter built
in this state, upon such terms as may be mutually agreed
between the said companies.
§ 12. Any person Vv^ho shall wilfully injure or obstruct Penalties,
the said road, or any partof the appendagi^s thereto, shall be
deemed guilty of a misdemeanor, and sliall forfeit to tiie use
of the company a sum threefold the amount of the damages
occasioned by such injury or obstruction, to be recovered
in an action of debt in the name of said company, with costs
of suit, before any justice of the peace or before any court
of record in this state.
. § 13. The said company shall be allowed three years Time of com-
from the passage of tliis act for tlie commencement of the '^*"*=™^'^°*-
construction of said railroad, and ten years thereafter for
the completion of the same.
§ 14. Thisact shall be deemed and taken as a public act>P"biic act.
and shall be construed beneficially for all purposes herein
specified or intended.
Approved February 7, 1853.
AN ACT to incorporate the Fort Wavne and Chicago Railroad Company, in force Feb. 5,
1853.
Section 1. Be it enacted hy the penpk of the state of
IlUnoi'i, represented in the General t^^ssemhty, That the Fort Power toiocatc.
Wayne and Chicago Railroad Company, as now organized
under the act of the general assembly of the state of Indi-
ana, entitled "An act to provide for the incorporation of
railroad companies,"' approved May 11, A. D. 1852, be and
1853. 106
they are hereby authorized to locate, construct, maintain
and use their said railroad, with either a single or double
track, from the western line of the state of Indiana, at and
from the point within the county of Cook where the said
Fort Wayne and Chicago Railroad shall intersect the same,
to the city of Chicago.
(ienerai powers. § ^- That in all cases wlieu matters of controversy shall
originate or arise within the limits of this state, the said
company may sue and be sued in like manner as other
bodies corporate within this state sue and are sued ; and in
all matters and things which may, in any way, relate to or
concern the exercise or abuse of the rights, privileges,
powers and franchises hereby granted, and also, in all
things that may relate to or concern a compliance with or
a breach of the conditions and provisions of this act, the
said company shall be as perfectly subject to and under
the control of the proper authorities of Illinois as if the said
company had been created by a law of tliis state ; and in
any suit, action or proceeding at law against said company,
the process may be served within the proper county or dis-
trict upon any known officer or agent of said company.
Dutyofpiesiiiont 8 3. That it shall be the duty of the president and di-
and directors. •', c -j i- c i.\ •
rectors oi said company, as soon as any portion ot tlieir
railroad situated between the city of Chicago and the eas-
tern line of the state of Illinois is completed and in use for
transportation, to prepare a full and accurate statement of
the cost of construction of said portion of their railroad, au-
thenticated by the oath or affirmation of the president and
secretary of said company, and communicate the same to
the auditor or other proper officer of Cook county in this
state, who siiall file the statement in his office.
Taxation. 5 4. That the stock of said company to an amount
equal to the cost of construction of the said portion of their
road shall be subject to state and county taxes in this state,
in tlie same manner and at the same rate as other similar
property is subject; and the rolling stock and equipments
of said road used in tliis state on said road by said com-
pany shall be considered as part of the stock of said com-
pany, subject to taxation in proportion to the length of the
line in this state as compared with the distance said rolling
stock and equipments are used out of this state : Provided,
that nothing in this act shall be so construed as to authorize a
greater amount of tax upon this road than is assessed and col-
lected on other roads under the general laws of this state ;
and it shall be the duty of said company to cause their treas-
urer, upon the declaration of any dividends after said {por-
tion of their railroad shall have been completed, to retain
out of said dividends and pay into the treasury of Cook
county the tax to which such portion of stock is liable, and
107 1853.
all taxes legally levied upon said road shall be a first lien
upon the same.
§ 5. The said company are' hereby authorized to use Right of way.
and exercise all the powers for appropriating and obtaining
the right of way for the construction, maintenance and use
of said road that are given and expressed by the act enti-
tled "An act to provide for a general system of railroad in-
corporations," approved November 5th, 1849 ; and in case
any lands so appropriated shall not be donated to the com-
pany, or in case of disagreement between the owners there-
of and said company as to the fair value thereof, the sum
to be paid shall be determined in the manner prescribed bj'
said act.
§ 6. For the purpose of maintaining said railroad andBenefitottiiciaw
the work connected therewith, and protecting the same 1849^'^ ^''^'" ^"
from injury, the said corporation shall have the benefit of
the provisions of said act approved November the 5th,
1849, referred to in tiie previous section.
§ 7. The said corporation may take and transport up- Transportation.
on said railroad any person or persons, merchandise or
other property, by the force or power of steam or animals,
and may establish and collect such rates of toll for all pas-
sengers and property transported upon the same as the
said directors siiall from time to time establish ; and the
directors are hereby erppowered and authorized to make
all necessary rules, by-laws, regulations and ordinances
that they may deem necessary and expedient to accom-
plish the designs and purposes and to carr^ into effect the
provisions of this act, and for the transfer and assignment
of its stock, which is hereby declared personal property,
and transferable in such manner as shall be provided by the
by-laws and ordinances of said company.
§ 8. Said company is hereby authorized from time to power to borrow
time to borrow such sum or sums of money as may be neces- ™oney.
sary for completing and furnishing or operating their said
railroad, at such rate of interest as may be agreed upon, and
to issue and dispose of their bonds in denominations oi not
less than five hundred dollars (-^500,) for less than par
value, if necessary, for any amount so borrowed, and to
mortgage their corporate property or franchises, or con-
vey the same by deed of trust to secure the payment of
any debt contracted by the said company, for the purposes
aforesaid, and the said directors of said company may con-
fer on any bond-holder of any bond issued, for money bor-
rowed, the right to convert the principal due or owing
thereon into stock of said company, at anytime not exceed-
ing ten years from the date of the bond, under such regula-
tions as the directors of said company may see fit to adopt.
§ 9. The said company are hereby autiiorized to con- fl-„ter course, &c
struct their road upon or across any stream or water course,
1853.
108
road or highway, railroad or canal, which the route of its
road shall intersect, but the corporation shall restore the
stream, or water course, road or highway, railroad or canal
thus intersected to its former state, or in a sufficient man-
ner not to have impaired its usefulness.
§ 10. The said company siiall be and are hereby au-
thorized and empowered to acquire within or in the vicin-
ity of the city of Chicago, and to hold, use and occupy
such lands or lots as it may acquire by purchase, dona-
tion or otherwise, for the purpose of constructing such de-
pots, machine shops, and other proper fixtures and build-
ings as may be requisite or necessary for the accommoda-
tion and transaction of the business which may pass over
and be connected with the road of said company.
§ 11. That two additional directors of said company
shall be cliosen, who shall be stockholders in said corpora-
tion, and citizens of the city of Chicago.
§ 12. This act shall be in force from and after its
passage.
Approved February 5, 1853.
m force Feb. 10, AN ACT to incorporate the Belleville Eastern Exiension Railroad Com-
1S53. pany.
Section 1. Be it enacted hy the people of the state of
Corporators. IlUnois^ represented in the General Jissemhly^ That George
Trumbull, Edward Pittman, John Murray, Russell Hink-
ley, Simon Eimer, Henry Goedeking, Edward Omelveny,
George Postel, H. B. Jones, H. S. Osburn, Jos. J. Swan-
wick, John Scheel, George Low, A. D. Hay, E. P. Hosmer
and such other persons as they may associate with them
for that purpose, are hereby made and constituted a body
style. corporate and politic, by the name and style of the "Belle-
ville Eastern Extension Railroad Company," with perpetual
General powers, successiou, and by that name and style shall be capable
in law of taking, holding, purchasing, leasing, selling and
conveying estate and property, real, personal and mixed,
so far as the same maybe necessary for the purposes here-
inafter mentioned, and not further ; and in their corporate
name may sue and be sued, to liave a common seal, which
tliey may alter or renew at pleasure ; and may have and
exercise all powers, rights, privileges and immunities which
are or may be necessary to carry into etFect the ])urposes
or objects of this act, as the same are herein set forth.
objocts. § 2. The said company shall have full power and au-
thority to locate, and from tiine~'t() time, to alter, change,
relocate, construct, reconstruct and fully to finish, per-
109 1853.
feet and maint^iin a railroad with one or more tracks, com-
mencing at Belleville, in the county of St. Clair, Illinois,
and running from thence, by Mascoutah, in St. Clair county,
Nashville and Richmond, in Washington county, to a point
between section ten, township two south, one west of the
third principal meridian, in the county of Washington, Illi-
nois, and section six, township six south, one west of third
principal meridian, in the county of Perry, Illinois, upon a
route to be by said company selected, and to take, trans-
port and carry property and persons upon said railroad,
by power and force of steam, or of animals, or of any other
power or other combination of them which said company
may choose to use or apply; and for the purpose of con-
structing said railroad or way, said company shall have
power and authority to lay out, designate and establish
their said road, in width one hundred and fifty feet, through
the entire line thereof, and may take and appropriate to
their own use all such lands so designated for the line and
construction of said road, upon first paying or tendering
therefor such amount of damage as shall have been settled
by appraisal in the manner hereinafter provided on all
such lands so designated for the line and construction of
said road, and all such lands as may be taken, or upon any
track which may be located by said company; and for the
purpose of embankments, cuttings, obtaining of stone,
gravel and sand, may take and appropriate as much more
land as may be necessary for the proper construction,
maintenance and security of said road; and for construct-
ing shops, depots and other suitable, proper and convenient
fixtures, in connection with and appurtenances to said
railroad, may take and have, use and occupy any lands
upon either side of said railroad, not exceeding two hun-
dred feet in depth from said railroad; said company taking
all such lands by gift, purchase or condemnation, and
making satisfaction lor the same as hereinafter provided :
Provided^ that this section shall not be construed to re-
strict or prevent the construction of public roads or rail-
roads across the road of said company when deemed ex-
pedient, but not so as to materially impair or obstruct the
same.
§ 3. The said company, and under their direction, state lanis, &c.
their agents, servants and workmen, are hereby authorized
and empowered to enter into and upon the lands and
grounds of or belonging to the state, to any person or
persons, body politic or corporate, and survey and take
levels of the same, or any part thereof, and to set out and
ascertain such parts as they shall think proper and neces-
sary and proper for the making of said railroad, with one
or more sets of tracks or rails; and for all the purposes
connected with said railroad for which said corporation
1852. 110
by the last preceding section is authorized, to have, take
and appropriate any lands, and to fell and cut down all
timber and other trees standing or being within one hun-
dred feet on each side of said line of said railroad; the
damages occasioned by the felling of such trees, unless
otherwise settled, to be assessed and paid for in the man-
ner hereinafter provided for assessing and paying damages
for lands taken for the use of said railroad company; also,
from time to time, to alter, repair, amend, widen or enlarge
the same, or any of the conveniences above named, as
well for carrying goods, commodities, timber or other
things, to and upon tlie said railroad, for conveying^ll
manner of materials necessary for tlie making, erecting,
furnishing, altering, repairing, amending or enlarging the
works of or connected with said road, and to contract and
agree with the owner or owners thereof, for earth, timber,
gravel, stone or other material, or any article whatever
which may be wanted in the construction and repair of
said road or any of its appurtenances, the said company
doing as little damage as possible in the execution of said
powers hereby granted, and making satisfaction in the
manner hereinafter mentioned, for all damages to be sus-
tained by the owners or occupiers of said land.
§ 4. The said company shall have power to take, re-
ceive and hold all such voluntary grants and donations
of land and real estate for the purposes of said road as may
or shall be made to said company to aid in the construc-
tion, maintenance and accommodation of said road; and
said company may contract and agree with the owners or
occupiers of any land upon which said company may wish
to construct said road or way, or which said company may
wish to use or occupy, for the purpose of procuring stone,
sand, gravel or eartfi, or other materials to be used in em-
bankments or otherwise in or about the construction, re-
pair or enjoyment of said road, or which said company may
wish to use or occupy in any manner, or for any purpose
or purposes connected with said road, which said company
is authorized or empowered by this act to have or appro-
priate any lands, or to take and receive grants and con-
veyances of any and all interests and estate therein, and to
them and their successors or assigns, in fee or otherwise.
And in case said company cannot agree with [the] owner
or owners or occupiers of sucli lands as aforesaid, so as
to procure the same by the voluntary act or deed of such
owners or occupiers of sucli lands as atbresaid, so as to
procure the same by the voluntary act or deed of such
owners or occupiers, the price and value of such lands may
be fixed, estimated and recovered in the manner provided
for taking lands for the construction of public roads, canals
and other public works as prescribed by the act relating
Ill 1853.
to the public right of way, approved March 3, 1845; but
when the owners or occupiers, or cither of them, of such
lands shall be a. femvie covert, non compos 77ientis, un-
known, out of the county in which the said lands or prop-
erty wanted may lie or be situated, the said company shall
pay the amount that shall be awarded as due to the last
mentioned owners respectively, whenever the same shall
be lawfully demanded. That to ascertain the amount to be
paid as above to the said owners or occupiers for lands and
materials taken for the use of said corporation, it shall
be the duty of the governor of the state, upon notice given
to him by the said corporation, to appoint three commis-CommiBsioncrs.
sioners, to be persons not interested in the matter to be
determined by them, to determine the amount of damages
which the owners or occupiers of the land or real estate so
entered upon by the said corporation has or have sustained
by the occupation of the same ; and it shall be the duty of
said commissioners, or a majority of them, to deliver to said
corporation a written statement of the award or awards
they shall make, with a description of the land or other real
estate appraised, to be recorded by the said corporation in Recorded,
the circuit clerk's office of St. Clair county, and then the
said corporation shall be deemed to be seized and entitled
to the fee simple of all such lands and real estate, and shall
exercise over the same all the rights, privileges, franchises
and immunities in said act contemplated: Prot^'t/ei^, that Proviso,
notice by publication in some newspaper in St. Clair coun-
ty shall be first given for thirty days to the owners or oc-
cupiers or unknown owners, as the case may be, of the in-
tention on the part of the said corporation to apply to the
governor for the appointment of commissioners as herein
provided: And provided further, that any appeal which
may be allowed under the provisions of the act above men-
tioned, or of any general law of this state, shall not affect
the possession by said company of any of the lands apprais-
ed or taken under this act ; and when the appeal may be Appeal.
taken, or writ of error prosecuted by any person or per-
sons other than said company, the same shall not be allow-
ed, except on the stipulation of the party so appealing or
prosecuting such writ of error that the said company may
enter upon and use the lands described in the petition, or
required by the said company for the uses and purposes of
the said road, upon said [company] giving bond and security, Boni.
to be approved by the clerk of the circuit court of the
county of St. Clair, that they will pay to the party appeal-
ing or prosecuting such writ of error all costs and damages
that may be awarded against them on the final hearing of
such appeal or writ of error, within thirty days after the
rendition of the same, or forfeit all right to use the land
and the way so condemned.
[853. 112
,1 Block. § 5. The capital stock of said company shall be fi\e
hundred thousand dollars, which may be increased from
time to time, by a vote of a majority in interest of the
stockholders at their annual meeting, or at any special
meeting whicli may be called for that purpose by the di-
rectors of said company, to any sum not exceeding the en-
tire amount expended on account of said road; which stock
shall be divided into shares of fifty dollars each, which
shall be deemed personal property, and which may be
issu(!d, certified and registered, and transferred in such
manner and at such places as maybe ordered by the board
of directors, who shall have power to require the payn ent
of stock subscribed in the manner, and at the time, and in
sucii sums as they may direct; and on the refusal or neg-
lect on the part of stockholders, or any of them, to make
payment on requisition of the board of directors, the shares
of such delinquents may, after thirty days' public notice,
be sold at auction, under such rules as the directors may
adopt, the surplus money, if any remains after deducting
the payment due, with the interest and necessary cost of
sale, to be paid to the delinquent stockholder. The board
of directors herein named and appointed shall cause
books to be opened for subscription to the capital stock of
said company, at such times and places, and in such man-
ner as they may direct : Provided., that as soon as fifty
thousand dollars of bona fide subscription to said capital
stock shall be made, and five per cent, thereon paid in, it
shall be lawful for said corporation to commence the con-
struction of said road.
;ors. § 6. All the corporate powers of said company shall
be vested in and exercised by a board of directors, to
consist of not less than seven nor more than seventeen in
number, and such other officers, agents and servants as
they shall appoint. The first board of directors shall con-
sist of George Trumbull, Edward Pittman, John Murray,
Russell Hinkley, Simon Eimer, Henry Goedking, Edward
Omelveny, George Postel, Humphrey B. Jones, H. S.
Osburn, Jos. J .Swanwick, John Sclieel, George Low, A.
D. Hay and P. E. Hosmer, who shall hold their offices
until their successors are elected and qualified. Vacan-
cies in the board may be filled by vote of two-thirds of the
directors remaining; such appointees to continue in office
till the next regular annual election of directors is held,
and which said annual election of directors shall be held
on the first Monday in September in each year, at the office
of the company — thirty days' notice being given in a news-
paper published at Belleville.
§ 7. At any election held for the election of directors,
each share of stock shall be entitled to one vote, to be giv-
en either in person or by proxy, and the person receiving
113 1853.
the largest number of votes to be declared duly elected,
and to hold their offices until the next annual election, and
until their successors are elected and qualified. All elec-
tions to be conducted by three judges, to be selected by
the stockholders present.
§ 8. Tiie office of said company shall be located in the i-ocatiou.
city of Belleville, and the directors herein named are re-
quired to organize their board by electing one of their
number president, and by appointing a secretary and
treasurer.
§ 9. Said company shall have power to purchase with '''aciiincs, &c.
the funds of the company, and contract for and place on
the railroad hereby authorized to be constructed, all ma-
chines, wagons, carriages and vehicles of any description,
which they may deem necessary and proper for the pur-
pose of transportation on said railroad, and they shall have
power to charge for tolls and transportation, and rates of
fare, such sums as shall be lawfully established by the by-
laws of said company, not to exceed .
^ 10. The said company hereby chartered shall be^r°'"°!''*^?"'' "*
required to keep and use a sufficient number of locomo- port.
lives, passenger and freight cars, and the other con-
veniences properly pertaining to a railroad, to carry and
transport all passengers and freight requiring transportation
upon the said road, and shall transport the same, and shall
have the power to make, ordain and establish all such by-
laws, rules and regulations as may be deemed expedient
and necessary to fulfil the purposes, and carry into effect
the provisions of this act, and for the well ordering and
securing the affairs, business and interest of said company,
not incompatible with the constitution and laws of this
state.
§ 11. The said board of directors shall have power to Transportation.
regulate the manner of transportation of persons and pro-
perty, the width of track, the construction of wheels,
the form and size of oars, the weight of loads, and all
other matters and things respecting the use of said road
and the conveyance and transportation of persons and
property thereon.
§ 12. Whenever it shall be necessary for the construe- mtei-sections.
tion of said railroad to intersect or cross a track of any
other railroad, or any stream of water or water course, or
any road or highway lying on the route of said road, it
shall be lawful for the company to construct their rail-
road across or upon the same : Provided, that the said
company shall restore the railroad, stream of water, water
course, road or highway thus obstructed or crossed, to its
former state, or in a sufficient manner not materially to
impair its usefulness.
[H]
1853.
114
Union with other
§ 13. The said cotnpanj' shall, annually or semi-annu-
ally, make such dividends as they may deem proper of the
net profits and receipts of income of said company among
the stockholders therein, in proper proportion to their
their respecti^ e shares.
§ 14. The said company shall have power to dig, or
mine stone coal upon their own lands within five miles of
the Ime of their road, and to construct necessary branch
roads to such mines, for the purpose of transporting their
coal, and for no other purpose whatever.
§ 15. The said company may accept subscriptions to
the stock of said road from the city of Belleville, and the
county of St. Clair, or any other county through which
the said road runs, or either of them, to an amount not to
exceed twenty-five thousand dollars each; and for the pur-
pose of raising the amount so to be by them subscribed,
the said city of Belleville, by her corporate autliorities,
and the said county of St. Clair, are hereby authorized
and empowered to borrow any sum not exceeding twenty-
five thousand dollars, each payable at such times and places
and in such sums and witli such rate of interest as may
be agreed upon, and may issue their city and county bonds
therefor, under their respective seals.
§ 16. If any person shall do or cause to be done, or
aid in doing or causing to be done, any act or acts what-
ever, whereby any building or construction or work of said
company, or any machine or structure, or any matter or
any thing appertaining to the same, shall be stopped, ob-
structed, impaired or weakened, injured or destroyed, the
person or persons so offending shall be guilty of a misde-
meanor, and may be punished upon conviction by fine in
any sum not exceeding five hundred dollars, or by impri-
sonment not exceeding five years, or by both, at the dis-
cretion of the court, and shall forfeit and pay to the said
corporation treble the amount of damages sustained by
reason of such offence or injury, to be recovered in the
name of said company, with costs of suit, in an action of
trespass before any justice of the peace of this state, or
before any court having jurisdiction thereof.
5 17. "" ■■ ■ ■■■
The said company shall have power to cross, in-
join, and unite its road with any other railroad
^gally chartered, at any point upon
be h
roaas. tcrsect,
now or hereafter to
the line of the road authorized to be constructed under
the provisions of this act, with the necessary turn-outs and
siding switches, and other conveniences in furtherance of
the object of its connections, upon such terms as may be
mutually agreed upon by the respective parties.
Power to borrow § 18, Said Company is hereby authorized from time to
money. time to borrow such sum or sums of money as may be ne-
cessary for completing and furnishing or operating their
115 1853-
said railroad, and to issue and dispose of their bonds in de-
nominations of not less than five hundred dollars for any
amount so borrowed, and to mortgage their corporate pro-
perty and franciiise^^ or convey the same by deed of trust,
to secure the payment of any debt contracted by said com-
pany for the purposes aforesaid; and the directors of said
company may confer on any bond-holder of any bond issued
for money borrowed as aforesaid, the right to convert the
principal due or owing thereon into stock of said company,
at any time not exceeding ten years from the date of
the bond, under such regulations as the directors of said
company may see fit to adopt; and all sales of bonds for
less than their par value shall be good and valid and as
binding upon said corporation as if the same were sold for
the full amount thereof.
§ 19. The said corporation hereby chartered shall be ^''^''* ''''*""'•
required to construct and operate their said road accord-
ing to the terms of this charter, within five years from the
passage of this act, which shall be taken and received as
a public law in all courts and places whatsoever.
§ 20. The said company shall carry and transport the u. s. mail,
mail of the United States on such terms as may be agreed
upon, and all such freights and passengers as may be of-
fered, if required so to do, on the terms usual with like
railroad companies, and they may, by their president or
other officers and agents, sell, dispose of, or negotiate
bonds or stocks of said company, for such prices and at
such rates as in their opinion will best advance the in-
terest of said company; and if such bonds or stocks are
thus sold at a discount such sale shall be as valid and
binding in every respect as if sold at par value.
§ 21. This act to be in force from and after its passage.
Approved February 10, 1853.
AN ACT to incorporate the Belleville and Murphysboro Railroad Company, in force Tvb. 6,
and for other purposes. 1863.
Section 1. Be it enacted hy the people of the state of
Illinois, represented in the General Assembly, That John corporauw.,
A. Wilson, William Rosborough, Thomas McClonkin, James
A. Foster, A. M. Allen, Joseph B. Holmes, James H. Lucas,
Alexander Kayser, R. B. Stewart, James Harrison, John
Cavender, Charles P. Choteau, William M. Morrison, Sam-
uel B. Chandler, William W. Roman, William C. Kinney,
John Reynolds, Lorenzo P. Sanger, Daniel D. Page, J. B.
Brown, William Truesdail, J. N. Pearce, B. S. Gray, A.J.
1853. 116
Kuykendall, Cyrus Thomas, James M. Morgan, John A.
Logan, William H. Snyder, Henry D. Bacon, and such oth-
er persons as may associate with ihemSpr that purpose, are
hereby made and constituted a body'O^rporate and politic,
style. l^jy |}^g name and style of th.e "Belleville and Murphysboro
Railroad Company,'''" with perpetual succession; and by
ueiierai powers; that name and style siiall be capable in law of taking, pur-
chasing, holding, leasing, selling and conveying estate and
property, wheflier real, personal or mixed, so far as the
same may be necessary for the purposes hereinafter men-
tioned, and no farther; and in their corporate name may-
sue and be sued, have a common seal, v/hich they may alter
or renew at pleasure, and may have and exercise all pow-
ers, rights, privileges and immunities which are or may be
necessary to carry into effect the purposes and objects of
this act, as the same are hereafter set forth.
Objects. § 2. The Belleville and Murphysboro Railroad Core-
pany shall have full power and authority to locate, and from
time to time to alter, change, relocate, construct, recon-
struct and fully to finish, perfect and maintain a railroad,
with one or more tracks, commencing at Belleville, in the
county of St. Clair, and running from thence, on the most
eligible route, through Athens, Sparta, Murphysboro, to the
Illinois Central Railroad, at a point to be chosen by the
company, and to transport, take and carry property and
persons upon said railroad, by power or force of steam or
of animals, or of any mechanical or other power or combi-
nation of them, which said company may choose to use or
apply ; and for the purpose of constructing said railroad or
way, said company shall have authority and power to lay
iTifUii ofroari. out, designate and establish their road in width not exceed-
ing one hundred and fifty feet through the entire line there-
of, and may take and appropriate to their own use all such
lands so designated for the line and construction of said
road upon first paying or tendering therefor such amount
of damage as shall have been settled by appraisal in the
Ri-iit of way. manner hereinafter provided, on all such lands as may be
taken, or upon any track wliich may be located by said
company ; and for the purpose of cuttings and embank-
ments, and for the obtaining of stone, sand and gravel, may
take and appropriate as much more of land as may be ne-
cessary for the proper construction, maintenance and se-
curity of said road; and for constructing shops, depots and
other suitable, proper and^ .convenient fixtures in connec-
tion with and appurtenances to said railroad, may take and
have, use and occupy any lands upon either side of said
railroad, said company taking all such lands as gifts, or
purchasing or making satisfaction for the same in manner
Proviso. hereinafter provided : Provided, that this section shall not
be construed to restrict or prevent the construction of pub-
117 1863.
lie roads or canals or railroads across the road of said com-
pany when deemed expedient, but so as not materially to
impair or obstruct the same : Provided., that no reloca- proviso.
tion of the said road shall be made under this section by
which any of the points herein named shall or may be aban-
doned.
§ 3. Said company, and under their direction their surveys,
agents, ser\ants and workmen, are hereby authorized and
empowered to enter into and upon the lands and grounds
of or belonging to the state, or to any person or persons,
bodies politic or corporate, and survey and take levels of
the same, or of any part thereof, and to set out and ascer-
tain such j)arts as they shall think necessary and proper for
making said railroad, with one or more sets of tracks or rails,
and for all the purposes connected with said road for which
said corporation, by the last preceding section, is authori-
zed to liave, take and appropriate any lands, and to fell
and cut down all timber and other trees standing or being
within one hundred feet on each side of said line of said
railroad. The damages occasioned by the felling of such
trees, unless otherwise settled, to be assessed and paid in
manner hereinafter provided for assessing and paying dam-
ages for land taken for the use of said railroad company;
and also to make, build, erect and set up in and upon the
route of said railroad, or upon the land adjoining or near
the same, all such works, v/ays, roads and conveniences as
may be requisite and convenient for the purposes of said
railroad; and also from time to time to alter, repair, amend,
widen or enlarge the same, or any of the conveniences
above mentioned, as well for the carrying, conveying goods,
commodities, timber or other things to and upon said rail-
road as for carrying or conveying all manner of material
necessary- for the making and erecting, furnishing, altering,
repairing, amending or enlarging the works of or connect-
ed with said railroad, and to contract and agree with the
owner or owners thereof for earth, timber, gravel, stone or
other material, or any articles whatever whicii may be want-
ed in the construction or repair of said railroad or any of
its appurtenances; they, the said company, doing as little
damage as possible in the execution of said powers hereby
granted, and making satisfaction in the manner hereinafter
mentioned for all damages to be sustained by the owners
or occupiers of said land.
§ 4. The said company shall have povv'er and a uthori- Real estate.
ty to receive, take and hold all such voluntary grants and
donations of land and real estate for the purposes of said
railroad as may or shall be made to said company to aid in
the construction, maintenance and accommodation of said
railroad ; and said company may contract and agtee with
the owners or occupiers of any land upon which said com-
1853. 118
pany may wish to construct said railroad or way, or which
said company may wish to use or occupy, for the purposes
of procuring stone, sand or gravel, earth or otlier material
to be used in embankments, or otherwise in or about the
construction, repair or enjoyment of said railroad, or which
said comj)any may wish to use or occupy in any manner
or for any ])urj)Ose or purposes connected witii said rail-
road, I'or wliich. said company is em})owered or autliorized
by this act to take, have or approjiriate any lands, and to
receive and take g)ants and conveyances of any and all
interests and estates therein, aiid to them and to their suc-
cessQrs or assigns, in fee or otherwise; and in case said com-
pany cannot agree with such owner or occupiers of such
lands as aforesaid so as to procure the same by the volun-
tary deed or act of such owners or occupiers thereof, or if the
owners or occupiers, or any or eitiier of them, be ?ift'mme co-
vert, infant, nun compos mentis^ unknown or out of the coun-
ty in wliich the lands or property wanted may lie or be sit-
uate, the same may be taken and paid for, if any damages
are allowed, in the manner provided for in an "An act to
provide for a general system of railroad incorporations,"
approved November 5, 1849, and the final decision or award
shall vest in the corporation hereby created all the rigiits,
privileges, franchises and immunities in said act contem-
vtso... plated : Jind provided^ that any appeal that may be allow-
ed under the provisions of tlie act above recited, or by vir-
tue of any general law of this state, shall not affect the })0S-
session by said company of the land appraised; and when
the appeal may be taken or writ of error prosecuted by any
person or persons other than the said company, the same
shall i.ot be allowed except on the stipulation of the party
so appealing or prosecuting such writ of error tliat the said
company may enter upon and use the lands described in
the petitioii for the uses and purposes therein set ibrth upon
said company giving bond and security, to be approved by
the clerk of said court, that they will pay to the i>arty so
appealing or prosecuting such wi'it of error, all costs and
damages that may be awarded against them on the final
hearing of such appeal or writ of error, within thirty days
afte^ the rendition thereof, or forfeit all right to use the land
or way t>o condemned.
.•Kuisocii § ^- '^'^^ capital stock of said comjjany shall be one
million dollars, which may be increased from time to time
by a vote of a majority in interest of the 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 estimated cost of construct-
ing and equipping said road; which stock shall be divided
into shares of fifty dollars each, which shall be deemed per-
sonal property, and be issued, certified, transferred and
119 1853.
registered in such manner and at such places as may be
ordered and provided by the board of direclor.s, who shall
have power to require the pajment of stock subscribed in
the manner and at the time and in such sums as they may
direct ; and on the refusal or neglect on the part of stock-
holders, or any of them, to make payment on the requisi-
tion of the board of directors, the shares of such delinquents
may, after thirty days' public notice, be sold at]niblic auc-
tion under such rules as tlie directors may adopt, the sur-
plus money, if any remains after deducting the payment
due, with the interest and the necessary costs of sale,
to be paid to the delinquent stockholder. The board of
directors hereinafter named and appouited s'.iall cause books
to be opened for subscriptions to the capital stock of said
company at such times and places, and in such manner as
they shall direct : Provided, that as soon as two hundred
thousand dollars o^ bona fide subscription shall be made to
said capital stock, and twenty-five per cent, thereon paid,
it shall be lawful for said company to comuience the con-
struction of said road.
§ 6. All the corpoate powers of said company sl.ail be pjj.^^.,,^^
vested in anj exercised by a board of directors, to consist
of not less than seven nor more than seventeen in number,
and such other officers, agents and servants as they shall
ap])oir.t. The first board of directors shall consist of John
A. Wilson, William Rosborough, A. J. Kuykendall, Loren-
zo P. Sanger, John A. Logan, John Cavender, Henry D.
Bacon, W^illiam W. Roman, James W. Hughes, William C.
Kinney, Samuel B. Chandler, Wiliam Truesdaii, Hart L.
Stewart, who shall hold tlieir offices until their successors
are elected and qualified. Vacancies in the board may be
filled by vote of two-thirds of the directors remaining; such
appointees to continue in office until the next regular an-
nual election of directors, which said annual election shall
be held on the first Monday in October in each year, at
such place as the directors may direct, on said line, thirty
days' notice being given in two newspapers printed along
the line of said road. The office of said company shall be
located in the city of Belleville.
§ 7. At any election held for directors, each share of votes.
stock shall be entitled to one vote, to be given either in
person or by proxy, and the person receiving the largest
number of votes to be declared duly elected, and hold their
office until the next annual election, and until their succes-
sors are are elected and qualified. All elections for direc-
tors to be conducted by three judges, selected by the stock-
holders present.
§ 8. The directors herein named are required to organ- organization
ize the board by electing one of their number president, and
by appointing a secretary and treasurer.
1853.
120
Maaiin.'s, &c.
Transportation.
IntersfcUons.
§ 9. Said company shall have power to purchase with
the funds of the company, and contract for and place on the
railroad hereby autliorized to be constructed, all machines,
w^agons, carriages and vehicles of any description wliich
they may deem necessary and proper for the purposes of
transportation on said railroad ; and they shall have power
to charge for tolls and transportation and rates of fare such
sums as shall be lawfully established by the by-laws of said
company.
§ 10. Said company shall have power to make, ordain
and establish all such by-laws, rules and regulations as may
be deemed expedient and necessary to fulfil the purposes
and carry into effect the provisions of this act, and for the
well ordering and securing the affairs, business and inter-
ests of said company : Provided, that the same be not re-
pugnant to tlie constitution and laws of tlie United States
or of this state.
§ 11. The said board of directors shall have power to
regulate the manner of transportatiou of persons and pro-
perty, the width of track, the construction of wheels, the
form and size of cars, the weight of loads, and all other
matters and things respecting the use of said road and the
conveyance and transportation of persons and property
thereon.
§ 12. Whenever it shall be necessary for the construc-
tion of said railroad to intersect nr cross a track of any
other railroad, or any stream of water, or water course, or
road, highway, lying on the route of said road, it shall be
lawful for the company to construct their railroad across
or upon the same : Provided, that the said com})any shall
restore the railroad, stream of water, water course, road
or highway thus intersected or crossed, to its former state,
or in a sufficient manner not materially to impair it use-
fulness.
^ 13. The said company shall annually or semi-annu-
ally make such dividend as they may deem proper, of the
net profits, recei})ts or income of said company, among the
stockholders therein, in proper proportions to their respec-
tive shares.
§ 14. If any person shall do or cause to be done, or aid
in doing or causing to be done, any act or acts whatever,
whereby any building, or construction or work of said com-
pany, or any engine, machine, or structure, or any matter
or thing appertaining t(i the sanu , shall be stopped, ob-
structed, impaired or weakened, injured or destroyed^ the
person or persons so oilending shall be guilty of misde-
meanor, and may be punished, upon conviction, by fine, in
any sum not exceeding one thousand dollars, or by impris-
onment, not exceeding five years, or both, at the discretion
of the court, and shall forfeit and pay to said corporation
121 1853.
treble the amount of damages sustainod by reason of such
offence or injury, to be recovered in the name of said the
company, witli costs of suit, in an action of tres])ass, be-
fore any justice of the peace of this state, or before any
court having jurisdiction tliereof.
§ 15, Said company are hereby autliorized to borrow P'^er to borrew
money, from time to time, on the credit of the company, at
any rate of interest not exceeding seven per cent, per an-
num, as maybe agreed on between the parties, for the sole
purpose of construciing said road, and furnishing the same
with cars, locomotives and other macliinery necessary to
carry on the operations of said company, and may issue its
corporate bonds tlierefor in denominations of not less than
five hundred dollars, and to secure the payment thereof,
witii the interest that may accrue thereon, may mortgage
their corporate property or franchises, or convey the same
by deed of trust for said purposes ; and they may, by their
president or other officers or agents, sell, dispose of, or
negotiate such bonds or stocks of said company, at such
times and places, either within or without the state, and at
such rates and for such prices as in their opinion will best
advance the interest of said company ; and if such bonds
and stocks are thus sold at a discount, such sale shall be
as valid and binding in every respect as if sold at par val-
ue; and the directors of said company may confer on any
bond-holder of any bond issued for money borrowed as
aforesaid, the right to convert the principal due or owing
thereon into stock of said company, at any time not ex-
ceeding ten years from the date of the bond, under such
regulations as the directors of said company may see fit to
adopt.
§ 16. The certificate of the secretary of said company, certificate of spc-
under the corporate seal thereof, shall be received in all [dmce.*" ^^ *^"
courts of justice and elsewhere as evidence of the regu-
lar organization of said company under its charter, and of
any act or order of the board of directors of said company.
§ 17. Said company shall carry and transport the mail unite.i states
of the United States on such terms as may be agreed, and ™*''
all such freights and passengers as may be offered, if re-
quired so to do, on the terms usual with like railroad com-
panies
§ IS. Said company hereby chartered shall be required ^«s'^''''=*'°°
to construct and operate their said road throughout the
entire line thereof, according to the terms of this charter,
within seven years after the work shall be commenced
thereon, and upon failure so to do shall forfeit all rights
and privileges, tracks completed and work done upon said
road.
§ 19. All the stockholders of said company shall be i°'i''''J"ai i»»t»-
severally individually liable to the creditors of said com-
1853.
pany to an amount equal to the amount of stock held by
thein respectively, and for all debts and contracts made by
said company, until tiie whole amount of capital stock fixed
and limited by said company, or by this act, sliall have
been paid on, and shall be jointly and severally liable for
all debts tliat may be due and owing to any and all their
laborers, servants and apprentices, for services performed
for said company, but shall not be liable to an action there-
for before an execution shall be returned unsatisfied, in
whole or in part, against said company, and then the
amount due on said execution shall be the amount recov-
erable, with costs, against said stockliolders.
§ 21. This act shall be deemed and taken as a publio
act, and shall be in force from and after its passage.
Approved February 8, 1853.
In force Feb. 12, AN ACT to incorporate the Madison and Clinton Railroad Company.
ObJC'CtB.
Section 1. Be it enacted by the j^cople of the state of
Illinois^ represented in the General Assembly^ Tiiat Sol-
omon Keopfle, Joseph Suppinger, Gossit Crownover, Cur-
tis Blakeman, Daniel Ground, George T. Alien, Joseph
Gillespie, Andrew Mdler, William T. Bi'own, Frederick T.
Kroft, Samuel Wade, Amasa S. Barry, Benjamin K. Hart,
Sam'iel A. Buckmaster, and tlieir associates and successors,
are hereby made and constituted a body corporate and
politic, by the name and style of "The Madison and Clin-
ton Railroad Company," with perpetual succession, and
by that name and style shall be capable in law or equity
of sueing or being sued, and pleading or being im))leaded,
in any suit in law or equity in this state, and of taking,
purchasing, holding, leasing, selling and conveying estate
or property, whether real, personal or mixed, so far as the
same may be necessary for the purposes hereinafter men-
tioned, and no further ; may have a common seal, wiiich
they may alter or renew at pleasure; and may have and exer-
cise all the powers, rights, privileges and immunities which
are or may be necessary or proper to carry into effect the
purposes or objects of this act, as hereinafter set forth.
^ 2. The Madison and Clinton Railroad Company shall
have full power and authority to locate, construct, finish
and maintain a railroad, with one or more tracks, com-
mencing at some suitable point at or near tiie town of Mil-
ton, on Wood river, in Madison county, Illinois, and running
from thence to a point on the Ohio and Mississippi Rail-
road, at or near where the said last mentioned road crosses
Siioal Creek, in Clinton county, and by way of the towns
123 1853.
of Edwardsville and Highland, in Madison county afore-
said, and upon the most eh'gible route, and to take and
carry property and persons upon said railroad, by power
or force of steam or animals, or any mechanical or other
power, or combination of them, which said company may
choose to U5c or apply; and for the purpose of construct-
ing said railroad, said company shall have authority and
power to lay out, designate and establish their road, in widthofroarf.
width not exceeding two hundred feet, through tiie entire
routp thereof; they may take and appropriate to their own
use all such lands so designated for the line and construe- Right of way.
tion of said road, upon first paying or tendering therefor
the amount of damages as shall have been settled by ap-
prai-:al, in the manner as provided for by the general laws
of this state; on all such lands as may be taken upon any
track upon which [said | road may be located, and for the
purpose of cuttings and embankments, and for the purpose of
obtaining stone or gravel, may take and appropriate as
much more land as may be necessary for the proper con-
struction, maintenance and security of said road, and for
constructiiig siiop?, depots and other suitable fixtures as
appurtenant to said road, may take, have and use any lands
on each side thereof, not exceeding three hundred feet in
width from said road, said company taking all such lands
as gifts or purcliases, or by making compensation therefor
as above provided.
§ 3. The said company shall have full power and au- state lands. &c.
thority to enter upon any lands of the state, or of any
individuals or bodies j)olitic and corporate, and, by their
servants and agents, to make the necessary surveys for
the location and construction of said road, and also for pro-
curing the necessary sand, gravel, timber and other ma-
terials necessarry for the construction, use and main-
tenance of their road and its appurtenances, upon the
land so appropriated and to be used for that purpose.
§ 4. The said company shall have power and authority Right of way-
to condemn as aforesaid such temporary right to any land
as shall be thought necessary, and in estimating damages
for the right of way, or other rights claimed under this act,
the commissioners or jury may take into consideration the
benefits to be derived to the owner from the construction
and operation of said road, in pursuance of the constitution
and laws of this stat.'.
§ 5. The capital stock of said company shall be five capital stock,
hundred thousand dollars, with the right to increase the
same to an amount equal to the cost of constructing and
equipping said road ; which stock shall be divided into
shares of one hundred dollars each, which shall be deemed
personal property, and may be issued, transferred and reg-
istered in such time, place and manner as may be pre-
1853.
124
scribed by said com[)any, who shall also provide the time
and manner in whicii all subscriptions of stock may be
paid, and may authorize and conduct all actions and suits
at law or in equity for the recovery of such subscriptions,
or instalments thereof, as they may deem necessary, and in
addition, may declare all stock upon which any instalment
is due and unpaid forfeited, and the same may be trans-
ferred either to said company or to the subsequent purchaser
thereof; which proceeding may be had upon and after such
notice and the expiration of such time as may be provided
for by the said company through the board of directors.
§ 6. The above named persons, or a majority thereof,
shall constitute the first board of directors of said company,
President. ouc of whom shall be elected by ballot president of the
board. The first meeting shall be held at Edwardsville, and
the subsequent meetings at such times and places as may
be provided. Said directors shall hold their office for one
year, and until their successors shall be elected and qual-
ified, and the said board shall prescribe the time and place
of such elections, and the qualifications of those voting
and to be voted for as directors. Said directors may clioose a
secretary, Vv^ho shall keep and preserve a correct record
of all the proceedings and doings of said board, and of
such duties as may be required of him, and the book or
books in which said records shall be kept shall be ■prima
facie evidence of the truth of such records, in any court
or place of judicature in this state wherein said company
shall be a party. Vacancies in said board may be filled
by two-thirds of the remaining members, until the next
election. The said board of directors at any meeting may
direct the opening of books at such time and places and
in such manner and upon such notice as they may deem
advisable, they shall also have power to prescribe the
amount which shall be paid in at the time of subscrip-
tion. They may also commence the construction of said
road without reference to the amount of stock which may
be subscribed at the time of such commencement. Said
TFressurer Company sliall also have power to appoint a treasurer and
prescribe his duties, and may require a bond with security
for the faithful performance of his duties as such, which
shall be binding in law or equity upon the person entering
Keguiate tolls &c into the Same. Said comj)any shall have power to regulate
the tolls, charges and rates for transportation of freight
and passengers upon the said road, and may change and
Proviso. alter the same at pleasure : Provided^ that due notice of
such change shall be given as prescribed by the said board.
Said company shall also have ])ower to build or purchase
all necessary locomotives, passenger, freight and other
cars, or vehicles for the use of said road, or to hire or rent
the same from other persons or companies.
125 1853.
§ 7. Said company shall Iiave ])ower to make, ordain By-ia^s.
and establish such by-laws, rules and regulations, for the
government of the affairs of said corporation, as they may
deezn proper and not inconsistent with the constitution and
laws of this state, or of the constitution of the United
States.
§ 8. Said company shall have tlie right to cross any intersections,
other railroad or other road, or highway, or water course, Zf.'^^ courses,
in such manner as not to impair their usefulness.
§ 9. Said company shall be liable to taxation for state Liawe to laxatioa
and county purposes as other property in this state, and
the rolling stock thereon shall be taxed in each county for
county purposes, in proportion to the length of the line in
said county, and the secretary of said company shall,
whenever required by the county court, furnish a state-
ment, under oath, of the cost of the construction and
equipment of said road in each county through which it
passes, and the value of the said rolling stock; upon which
oath, if false, perjury may be assigned; and no dividends
shall be paid on said stock until a suffioient amount to
meet said taxes shall be set apart for that purpose.
§ 10. Any person who shall do or case to be done any ppj^^ities.
mischief to said road, or any car, machine, engine, struc-
ture, building, or other matter appertaining to said road,
or who shall stop or obstruct, or attempt to stop or obstruct,
any car or vehicle in motion or expected to be in motion,
shall be punished by indictment, and fined in a sum not
exceeding one thousand dollars, and imprisonment in the
penitentiary not exceeding five years; and any person who
shall maliciously, by weakening any part of said road or its
fixtures, or by placing obstructions thereon, or otherwise,
wilfully causing the same to be dangerous to life or limb,
and shall thereby cause the death of any person using or
being carried on said road, shall be deemed guilty of mur-
der and punished accordingly; and for all ofiences done or
intended and not herein named, the person so doing or
intending shall be punished as now or hereafter may be
provided by law.
§ 11. Said company is hereby authorized to unite its union with other
road with the A Iton and Terre Haute and Ohio and Mississippi ■"' '"^'*
Railroads, upon such terms as may be mutually agreed
upon by and between them respectively; and in case no
arrangement can be efl'ected by agreement between the
company incorporated under this act, and either of said
companies, the terms and conditions of such union and con-
nection may be fixed by the judge of the judicial circuit in
which the greater part of said road may be situated, and
either party may have an appeal from such decision to the
supreme court, in the manner other appeals or writs of
error can or may be taken.
1808. lsJ6
•■c.«nr to borrow § 1=2- Tlic Said compaiiy is hereby authorized to borrow
uuMi-y. siicli sum or sums tjf rnoiK^y as may be necessary for com-
pletiii<T and oj>erating said road, and to issue and dispose
of their bonds in such denominations as they may prescribe,
at such rates of interest or discount as they shall deter-
mine upon, and in such form and upon such tt^rms and
conditions as to them shall seem best for effecting the
speedy completion of said road; and tliey shall have the
rigiit to mortgage; or in any maimer to pledge their said
road, its property and I'iglits of every description, so as to
secure the payment of any sum or sums of money borrowed,
and they may do all things wliich natural persons might or
could do, for effecting this object, and all such liens, mort-
gages, deeds of trust, or other instruments as may be ex-
ecuted by said company or its authorized agents, shall be
deemed and taken to be valid and effectual in all courts
and places, according to the true intent of the parties
thereto.
iforfHitiuoB. § 13. No forfeiture shall be occasioned by the means
of non-coinpK'tion of the whole of said road, but the com-
pany shall be perjnitted to use and ojjerate so much as they
have the means to construct; and the state of Illinois here-
by surrenders to said company, to be used for the purpose
of said railroad, and for no other j)urpose, alj the right,
title; atul interest slu; has In the track, grade, right of way,
or other privileges or aj)purtenances of, in or belonging to
Aii.M> nnii Mouiitso mucli of tlic Altou and Mt. Caimel Railroad as lies be-
oann.ir.mM. j^^^.^.^ (^jjg poiuts of termini of the road authorized to
be constructed under this act; and the said com})any is
hereby authorized to take, use and onjoy, for the purposes
aforesaid, all such right, interest, claim or demand of
this state in the work or materials of the said Alton and
Mt. Carmel Railroad as is now belonging or appertaining,
to this state.
I'Mweri,. coniiii- § ^'^- ^'^ ^'-^^^ ^'i^' Company incorj)orated under this act
^'I'^'^^Jll^i" '">' cannot, upon suitable terms, obtain from the Alton and
Terre Haute Railroad Company, the right to use so much
of the road ami bridges of the latt(>r company as is south
of Wood river, and ironi thence to the city of Alton, then
the company incorporated under this act shall have the
power to contiijue their road into the said city.
§ i6. The proceedings of the company incorporated
ilSio.'''''^ "'"under this act, in all things necessary to enable them to
build, maintain and operate their road jiot lierein provided
for, shall be governed by the gem^ral internal improvement
Jaw of this state, approved November 5th, 18 19.
127 1863.
§ 16. The company incorporated under this act shall commencement.
commence their railroad within three years from and after
the passage hereof; and this act shall be deemed and taken
as a public act, and shall be in force from and after its
passage.
Approved February 12, 1853.
AN ACT to incorporate the Decatur and IiKlianapoIis Railroad Company, in force Feb.
1853.
Section 1. Be it enacted by the people of the state oj
Illinois^ represented in the General AHsembly^ That David corporators.
L. Allen, Wm. Martin, J. C. Piigh, Wm. S. Cressey, Rich-
ard J. Oglesby, Henry Prather, T. H. Haywood, W. D.
Watson, John Rucker, E. J. Howd, Samuel Yamale, J. J.
Peddecord, B. H. Cassell and J. R. Hammett, their asso-
ciates, successors and assigns, be and they are hereby con-
stituted a body corporate and politic, under the name and
style of " Tlie Decatur and Indianapolis Railroad Compa- style,
ny," for the purpose of surveying, locating, constructing,
completing and operating a railroad, from the town of De-
catur, in Macon county, in the state of Illinois, and thence
in a direct line, upon the most eligible route, to the east
line of the state of Illinois, in the direction of Indianapolis,
in the state of Indiana, whenever the said persons, or their
assigns and associates, shall organize in full compliance
with the provisions of an act entitled "An act to provide
for a general system of railroad incorporations," approved
November 5, A. D. 1849.
§ 2. Said road, with the points above herein indicated, objects,
is hereby declared of sufficient public utility to justify the
taking of private property for the location, construction
and maintenance thereof; and the company is hereby au-
thorized to take private property for the purpose of con-
structing and maintaining the same, in the manner pre-
scribed in the act referred to as aforesaid.
§ 3. Said company is hereby authorized and empowered un on with ci
to unite and form a junction with the Indiana and Illinois ™"'^*
Central Railway Company, or any other company which
is or may hereafter be organized in the state of Indiana,
terminating on said line; and also, to unite and consolidate
with the said Indiana and Illinois Central Railway Com-
pany, upon such terms and conditions as the directors shall
mutually agree upon ; and in the event that said compa-
nies shall consolidate, then and in that case there shall be
but thirteen directors on the whole line of road so con-D-ct«M.
solidated, and the number to reside in each state shall be
determinnd as in the case of consolidation.
§ 4. This act shall be in force from and after its passage.
Approved February 8, 1853.
1853.
128
force Feb. 12,
1853.
Oorporators.
AX ACT to incorporate the Waverley and Auburn Railroad Company.
Section 1. Be it enacted hy the people of the state of
Illinois^ represented in the General ,/isscmbly. That J. M.
Metcalf, William Rlioades, R. H. Nelson, A. Coe, W. Lind-
ley, Thomas Lumer, George Carter, James W. Mnnsnn,
Isaiah 'iurney, Newton Cloud, William Deatherage, J. H.
Brown, W. W. Hilton, A. J. Turner, Wm. A. Hutchinson, J.
W. Ross, A. Edgemon, C. J. Salter, T. E. Curtis, W. W.
Post, Ciiarley Hopper, C. C. Sacket and Jacob Wimple,
their associates, successors and assigns, be and are hereby
constituted a body corporate and politic, under the name
and style of " The Waverley and Auburn Railroad Com-
pany," for the purpose of surveying, locating, construct-
ing, completing and operating a railroad from the town of
Waverley, in JNIorgan county, to Auburn depot, in Sanga-
mon county, whenever the said persons, or their assigns
and associates, shall organize in full compliance with the
provisions of an act entitled "An act to provide for a gen-
eral system of railroad incorporations," approved 5th No-
Objects.
Real estate.
Right of way.
§ 2. Any real estate that may become the property of
said company under the provisions of the preceding section
shall not extend over fifteen miles from the said road, nor
shall the company hold such real estate for a longer time
than ten yenrs after the said road shall be completed and
in running order.
§ 3. Said board, with the points herein indicated, is
hereby declared to be of sufficient })ublic utility to justify
the taking of private property for the location, construction
and maintaining thereof; and the company is hereby author-
ized to take private property for the purpose of construct-
ing and maintaining the same in the manner prescribed in
the act referred to as aforesaid.
§ 4. This act shall be in force from and after its pas-
sage.
Approved February 12, 1853.
In force Kei-. 8, AN ACT to amend an act entitled "An act grantinf^ a charter to <he St.
l^RS. Charles Branch Railroad Company," approved January 31, A. D. 1849,
and to extend the same.
Section 1. Be it enacted hy the people of the state of
Namccimngcd. llUnois, represented in the General *^ssemhly, That the
name of the St. Charles Branch Railroad Company be and
the same is hereby changed to that of the "Chicago, St.
Charles and Mississippi Air Line Railroad Company."
liiy 1853.
§ 2/ Tliat said company are hereby authorized and em-
powered to relocate and extend their railroad eastward Exten>iu„.
from St. Charles to the city of Chicago, or to any point on
the Galena and Ciiicago Union Railroad cast of said place,
or may lease or purchase of said railroad company any j)or-
tion of their railroad, or may unite witli any other railroad
now built or hereafter to be built to Chicago, and may also
extend their railroad westward from St. Charles to the
Mississippi river to a point on said river not south of Al-
bany nor north of Savanna; at which point, or at anyplace
east of said river, may connect with any other railroad now
built or hereafter to be built either in this state or the state
ot Iowa, and may operate in conjunction with the same,
and may also extend their said railroad from such point on
said river to Galena.
§ 3. Tiie capital stock of said company may be increa- capita. >j.ic;i
sedto any sum not exceeding five millions of dollars, as may
be deemed necessary to complete the said railroad as afore-
said by the directors.
§ 4. The board of directors of said company may be du,- ,„..
increased to any number not exceeding thirteen.
§ 5. The said company are hereby authorized, by their sm-^.,,,.
engineers and agents, to enter upon any lands, and" make
all necessary examinations and surveys for the location of
said road, and shall be responsible only for the actual dam-
ages done to any such lands or premises in so doing.
§ 6. In all cases where said company shall not be able
to acquire the right of way through any lands or premises ^'^"'"^ '"
which they may wish to occupy for the purposes of said rail-
roador its appendages, by purchase or voluntary cession,
the t^ame may be obtained in the mode provided by the 92d
chapter of tlie Revised Statutes of this state, entitled "right
of way ;" or said company may proceed to obtain such
right of way by the provisions of the 22d section of an
act entitled "An act to provide fora general system of rail-
road incorporations," passed November 5th, A. D., 1849,
and said company shall be entitled to all the beneficial
provisions of said act, and the amendments to the same,
or said company may proceed to obtain such right of way
by the provisions of an act entitled "An act to'amend the
law condemning right of way for the purposes of internal
improvement," in force June 22d, 1862, and said company
shall be entitled to all the beneficial provisions of that act.
§ 7. The said company are authorized and empowered p^^.,.,, ,,„,.
to borrow from time to time, such sum or sums of money, ni>i.-.v.
not exceeding the capital stock of the company, as they
may deem necessary to aid in the construction of said
road, and to pay any rate of interest therefor not exceed-
ing ten per cent, per annum, and to pledge and mortgage
the said railroad and its appendages, or any part thereof,
jyuii'Mt or stock
1853 130
or any other property or effects, rights, credits or fran-
chises of said company as security for any loan of money
and interest tliereon, and to dispose of the bonds issued
for such loan, at such rate or on such terms as the board
of directors may determine.
§ 8. It shall be lawful for the directors of said com-
pany to make calls for the payment of sums subscribed to
the capital stock of said company, at such time or times
and in such amounts as they siiall deem fit, not incon-
sistent with the terms of the subscription, giving at least
not less than thirty days' notice of each of said calls in at
least three public newspapers published in the city of Chi-
cago, or on the line of said railroad; and in case ot failure
on the part of any stockholder to make payment of any
call made by said directors for sixty days after the same
shall have been due and unpaid, the said board of directors
are hereby authorized to declare said stock so in arrears,
and all sums previously paid thereon, forfeited to said
company.
This act shall be in force from and after its passage.
Approved February 3, 1853.
Ill farce Feb. 1" AN ACT to change the name and further amend the charter of the Sanga-
■1353. * "' mon and Morgan Raihoad Company.
Section 1. Be it enacted hy the people of the state of
Illinois^ represented in the General Assembly, That the
xaiii. changed, name of the Sangamon and Morgan Railroad Company is
hereby changed and declared henceforth to be "The Great
Western Railroad Company," and by and under that name
said corporation sliall Jienccforth be known and have its
corporate existence, and hold and be possessed of all the
ri«Tlits, powers and privileges granted to said Sangamon
and Morgan Railroad Company, in the original charter of
said company, as also under the amendments made to said
charter, and shall be and become invested with all the pro-
perty and estate of every kind whatsoever vested in the
name of the said Sangamon and Morgan Railroad Compa-
ny, and become liable to all the restrictions, contracts and
obli<Tations made or incurred in their original name, and
all suits now pending, or liabilities accrued, or agreements
made in said original name, shall proceed or continue to I
be enforced without any delay on account of said altera-
tion, upon the suggestion of tiie change of name being en-
tered of record in any court where any such agreements,,
131 1853.
liability or right may be now pending, or hereafter souo-ht
to be enforced, and the Great Western Railroad Company
shall be held subject to each and every act of the le'nsla-
tiire having reference to said Sangamon and Morgan llail-
road Company, and to repairing that portion of the urpau-.-jcr..
Northern Cross Railroad, from Meredosia to the point of '■""'"''•
intersection by a lateral road, leading to Naples, and to
keeping in use and repair, and subject to the provisions and
forl^iitures in said acts contained, as fully and eirectually
as though the Great Western Railroad Company were
named in said several acts, in the view and stead of the
said Sangamon and Morgan Railroad Company.
§ 2. It shall be lawful for the said company to unite m , , ^i„,
with any other railroad company which may have been or " ='■■■''"^"-
may hereai'ter be incorporated by this state, intersecting
or extending to said road, and to' grant to any such com-
pany the right to construct and use any portion of the road
authorized to be constructed by said original charter, or
any of the amendments thereto, made or to be made, upon
such terms as may be mutually agreed upon between said
companies; and the said Great Western Railroad Company
shall have the power to take, use and make arrangenients i-.v-e,.^
for the transportation of freiglit and {tassengers, carried or
to be carried on said railroad, or otlierwise, and for this
purpose to construct, purchase, lease, use and own such
boat or boats as may be necessary, to and from their ter-
mini on the Illinois river, and may construct, purchase,
lease, use and own such wharfs, dykec and piers, with
tracks, depots and warehouses thereon, and such tracks
along tlie shore of the Illinois river, as may be necessary
for tue purposes of said road.
§ 3. Wlienever it shall be necessary for the construe- M.t.^.isf.r
tion and operation ot saia road to procure gravel, ballast ^t^ ' '^^ i- -^'^
stone, coal, or other material, said company'shall have the
power to construct, own, hold and use such branch roads
to places three miles or more east of the Illinois river,
where such material may be had, and are hereby empow-
ered to take and hold, by donation, purchase, or by ap-
praisal, as provided in the original charter of said company,
land or right of way over any lands required for the con- night .fv^a,.
struction of such branch or brandies, not exceeding four
rods in wiJih, excepting where more is required for exca-
vations, embankments, stations or materials: Provided,
no one of such branches shall exceed five miles in length.
§ 4. That nothing in the second section of this act ne.;. .
shall be so construed as to give to said coznpany ary power
to release any other laiiiodd company trora completing any
portion of their roads, and shall ha-,e wo power or control
over the charter or charters of any other railroad company
whatever, or to release said Great Western Railroad Com-
1853. 132
pany from the construction of any portion of the Northern
Cross Railroad which they are now required by law to
construct, and they shall not be permitted to run a track
along the shore of the Illinois river, either up or down
said river, except for necessary turn-outs or switches, and
the use of wharfs, dykes, piers, depots and warehouses
;s,^ aforesaid: tdnd provided Jin^ther, that the provisions of
this act shall only be effectual upon this express condition :
that the Great Western Raih-oad Company shall repair,
and keep in repair and use, that portion of the Northern
Cross Railroad which lies between Meredosia and a point
where said Nortliern Cross Railroad is intersected by a
lateral road extending to the town of Naples, in the time
and manner as provided for in an act entitled "An act
granting further time to the Sangamon and Morgan Rail-
road Company to repair a portion of the Northern Cross
Railroad," approved January 24, 1853.
§ 5. This act to be in force from and after its pas-
sage.
Approved February 12, 1853.
In fM'co Feb. 11, AN ACT io amend the, charter of the Jacksonville and CaiToIiton Railroad
^ ■'■-'■'• Company.
Skction 1. Be it enacted hy the people of the state of
Illinois, represented in the General j^ssembly, That the
'"i'ian! ' ''''^°' Jacksonville and Carrollton Railroad Company, incorpora-
ted by an an act entitled "An act to construct a railroad
from Jacksonville, in Morgan county, to Alton, in Madi-
son county," approved February ISlh, 1851, be and are
hereby authorized to extend tiie said railroad along the most
eligible route to any point on the Mississippi river not more
than twenty-five miles below the city of Alton, as may be
deemed advisable by said compaii)', and for the pur})ose of
such extension, said Jacksonville and Carrollton Railroad
Company are declared to })ossess all the powers, and shall
be subject to all the restrictions contained in the original .
ift-ovtso. act of incorporation : Provided, that if (he city of AltonI
shall subscribe and become responsible for the sum of one/
hundred thousand dollars as stock in the said railroad com-/
pany, for the purpose of aiding in the construction of said
railroad, in the same manner and upon the same terms that
said city took stock in the Sangamon and Alton and Terre
Haute and Alton Railroad corporations, then and in that
case the terminus of the said Jacksonville and Carrollton
Railroad siiall be 'end remain at the said citv of Alton. The
133 1853.
said city shall not, however, be required to take said stock
in said railroad company until the county of Morgan, in its
corporate capacity, or the inhabitants of said county, or
both together, shall have subscribed the sum of fifty thou-
sand dollars to the capital stock of said railroad company,
and until the counties of Greene and Jersey, in their cor-
porate capacity, shall have severally and respective!) sub-
scribed the sum of fifty thousand dollars to said capital stock.
And when said several subscriptions shall have been made
as aforesaid, and the subscribers become responsible for the
payment of the same, it shall be the duty of the president
of said railroad company to notify the authorities of the
city of Alton of such subscriptions, and if the said city shall
fail or refuse, within one month aller said notification, to
subscribe and become responsible for tlie said sum of one
hundred thousand dollars, as lierein directed, then and in
that event the power of the said railroad company to make
tlie extension aforesaid shall take efiect.
§ 2. For the purpose of facilitating the construction of p-^'-'" «>
the railroad authorized by the act to wliich this is an
amendment, the said corporation is hereby authorized to
negotiate a loan or loans of money to the amount of its
capital stock, and to issue the bonds of the said com lany
for the same, and to pledge all its property, real an 1 oer-
sonal, and all its rights, credits and franchises for the pay-
ment tliereof.
§ 3. If the said Jacksonville and Carrollton Railroad c.ipi'.nisutk
shall be extended as provided in the first section of this act, '" ""■'•■'^<
then the capital stock of said company may be increased
to such a sum of money as may be deemed necessary to
construct, finish and maintain such extension ; and said
company shall have authority to increase the number of
their directors, not exceeding four, in addition to those al-
ready provided for.
Approved February 11, 1853.
AN ACT to amend an act ctititled "An?act to incorporate tlie ferrc Haute I'l f--.roi'_K*b. I2.
and Alton Kailioad Company."
185:i.
Section 1. Be it enacted hy the people of the state of
Itlinoisy represented in the General Assevibly^ That all Rig-.its >r.':n'
rights belonging to the state, in any roads heretofore con-
structed, or partly constructed, under the general internal
improvement system, upon the line of the said company, are
hereby granted to and vested in said company. Cenmcatc ..r s
§ 2. The certificate of the secretary of said company, ^elve'i '^^'^^
under the corporate seal thereof, shall be received in all <i-"c".
1853. 134
courts of justice and elsewhere, as evidence cf the regular
orgaiiizauon ol' said comjiany under its charter, and ot any
act or order of the board of directors of said company;
and all the acts and doings of said company, in the oigan-
ization thereof, are hereby declared to be good and valid,
and the rights, privileges and franchises of said company
as granted are hereby declared to be in full force and
effect.
§ 3. The capital stock of said company may be in-
itock. *■' creased from time to time by order of its board of direc-
tors to such amoui.t as may be necf.ssary to complete their
road, not exceeding four millions of dollars ; and subscrip-
tion to the increased capital stock may be made from time
to time, on such terms as may be ordered by tiie board of
directors of said company.
,,rio,., § 4. The board of directors of said company, or a ma-
jority of the same, are hereby authorized to fill any vacancy
that may occur or iias occurred in their body, occasioned
by deatli, resignation or otherwise.
,;e.,ct. § 5. This act shall be deemed a public act, and shall
take effect and be in force from and after its passage.
Approved February 12, 1853.
ijiri.rcp Fell, li, -f^^' -'^CT to incorporate the Decatnr and Pekin Railroad Company.
186:'>.
Section 1. Be it enacted hy the people of the state
of lllbwis, represented in the General Assembly., That
c.„-r>"rM..rH. Richard J. Oglesby, Henry Prather, W. D. Watson, J. C.
Pughj David L. Allen, Jabez Capps, J. F. C. Merslion,
William Ii. Lowry, John Myers, George W. Turley, Geo.
Musick, Solomon Kalm, Joseph Orenderf, W- S. JNIaus,
John W .Case, John Smith, J. C. Thompson and Wui. D.
Briggs, their associates, successors and assigns, be and
are hereby constituted a body corporate and politic,
3,yj,v. under the name and style of "The Decatur and Pekin
Railroad Company," for the purpose of surveying, locating,
v3";.--.ij. constructing, completing and operating a railroad from
the towji of Decatur, in Macon county, in the state of Illi-
nois, and thence upon the most eligible route through the
towns of Mt. Pulaski and Camden, in Logan county, in
the state of Illinois, to the town of Pekin, in Tazewell
county, Illinois, wliencver the said ])ersons, or their assigns
and associates, shall organize in full compliance with the
provisions of an act entitled "An act to provide for a gen-
eral system of railroad incorporations," approved Novem-
ber 5th, A. D. 1849.
135 1853.
^ 2. Any real estate whicli may become the property uoaiestato.
of said company under the provisions of the preceding
section, shall not extend over fifteen miles from the said
road, nor shall the company hold such real estate for a
longer time than ten years after the said road shall be com-
pleted and in running order.
§ 3. Whenever the said company shall have orgav,ized']^,.'^^^^f^^^ J^^,^;;
as is .herein provided, it is liereby declared to be of sufli- ^-raiiaw.
cient use to justify the taking of private property for the
construction and maintaining said road, under the provi-
sions of said act to provide for a general system of rail-
road incorporations.
0 4. This act shall be in force from and after its pas-
sage.
Approved February 11, lb53.
AN ACT to incorporate the town of Carlinville.
Section 1. Be it enacted hij tiie people of the slate of Illi-
nois, represented in the General ^^Issembly, That the inhab-
itants and residents of the town of Carlinville, in the cou-'ity corpo-ati.m.
of Macoupin, are hereby constituted and declared a body
corporate and politic, by the name and style of the "President style, fee.
and Trustees of the town of Ca; linville," and by that name
shall have perpetual succession, and may have and use a com- General power?.
mon seal, have power to sue and be sued, plead and be im-
pleaded, in all courts ard places where justice is adminis-
tered, in all actions whatever; to purchase, receive and
hold property, both real and personal, in said city ; to pur-
chase, receive and hold propei'ty, both real and personal,
beyond the limits of said (own, for burial grounds and other
public purposes ; to sell, lease and convey property, real
and personal, for tlie use of said town ; to protect and im-
prove any such property as the public good may require.
§ -2. The boundaries of the said town shall be as de- B"'™'-""''^"-
fined by the last ordinances of the board of trustees there-
of, and the said ordinances are in that respect legalized and
confirmed ; and whenever any tract of land adjoining said
town is laid otTinto town lots and recorded, the same shall
be attached to and form a part of the same.
§ 3. The government of said town shall be vested in a Corporate p-.^-ii
president and four trustees — tlie said trustees to be elected u'c's!
annually by the qualified voters of said town ; and no ])er- Election.
son shall be a trustee unless, at the time of his election, he Quaiiiica lor.
shall have resided in said town for the space of six months,
twenty-one years of age, and a citizen of the United States,
1353. 136
and upon his removal from said town he shall vacate his
office.
■fni-;t,cs to deter- § 4. The boafd of trustees sliall determine the qualifi-
ii'.ii!.if'u^'!,','im- cation of its own members, and all cases of returns and
' ■■''^'''■- elections of their own bod}-^ A majority siiall constitute
<^-'i"i"- a quorum, but a smaller number may adjourn from day to
day and compel the attendance of absent members, under
such penalties as may be prescribc-d by ordinance; shall have
power to determine the rules of their own proceedings,
punish a member for disorderly conduct, and, with tlie con-
currence of two-thirds, expel a member.
osta wr ofi'.ce. § 5. The president and eacli of the trustees shall, be-
fore entering upon the duties of his otHce, take an oath to
perform the duties of his office to the best of his knowledge
and abilities; and there shall be at least one regular meet-
ing of said trustees in each month, at such times and pla-
ces as may be prescribed by ordinance.
K,oct,uii district § ^' Tha boundaries of said town as herein defined, or
ior!"vticooftho as may be hereafter defined by ordinance, shall constitute
a district for the election of one justice of the peace and
one town constable, who shall be elected by the qualified
voters of said town at the same time and place at which
the trustees are elected ; and the said justice of the peace
shall give bond and qualify as other justices are required
by law to do ; and he shall be ex njficio president of the
r'-i; to give board of trustees, shall have the right to give the casting
l.-l^i-'.'.Mi''e" " "\'o(e in case of a tie, and shall possess the same qualifica-
tions as are required of a trustee by the third section of
this act, and if he shall remove from said town his ofiSce
shall be vacated.
)■! •>-ti..i. tobedc- § 7. If two or more persons shall receive an equal
Lase of tie!''^ '"number of votes for the office of justice or constable, the
board shall proceed to determine the same by lot; and all
contested elections shall be determined as prescribed by
ordinance.
i'A.i,>;i t,j lie § 3, On the first Monday in the month of April, A. D.
itn'lis'."' '"''" 1853, and on the first Monday in April in each year there-
after, an election shall be held in said town for one justice
of the peace, one town constable and four trustees as afore-
said, who sliall iiold their offices for one year, and until
their successors are elected and qualified, wiiich first elec-
tion shall commence at ten o'clock in the forenoon, and
close at four o'clock in the afternoon of said day; and any
•rn.st "M to be two of the present trustees sliall be judges of said election,
yyii^.s of ciec-^jiQ gj-,gjj j^pppjij^ their own clerks, receive and canvass
the votes, declare the result, furnish to each of the persons
'•■'^'•I'yil';'' to coim- elected a certificate of his election, certify the votes for
justice of the peace to the clerk of t!ie county court, and
lay the poll books of such election before the board at its
137 1853.
first meeting. All subsequent elections shall be held and
conducted and returns made as may be prescribed by or-
dinance.
§ 9. All free white inliabitants of said town shall be Qua'iflcouon of
entitled to vote for town officers who are qualified to vote
for state officers, and who shall have resided in said town
one month next before any such election.
§ 10. The president and trustees shall have power and Ta^-s for gonci-
authority to levy, assess and collect a tax upon all proper- " ''"""p""®^-
ty, real, personal and mixed, in said town, which is now or
may hereafter be subject to taxation for state or county
purposes, not exceeding one-half of one per centum per
annum upon the assessed value thereof, and may assess and
enforce the collection of the same by any ordinances not
not rej)Ugnant to the constitution of the United States;
or the said trustees may, if they think proper so to do, by
ordinance, adopt the annual assessment made of the prop-
erty in said town by the county assessor, and cause the
same to be collected by the county collector.
§ 11. If the president and trustees of said town shall Trustees may
determine to adopt the assessment made by the authority ment Vaar^by
of the state and county, they shall give to the clerk or cth- 1'^^°'^^^ °^ ^^*
er officer whose duty it is by law to extend the tax by ex-
isting laws, notice of their intention so to do, which notice
shall be a copy of their records, and also the rate of taxa-
tion; and upon the receipt of such notice, the said tax shall
be extended and collected, and its collection enforced, in
the same manner as other revenue. The clerk and collec- Ojnipensauon of
tor shall be allowed the same compensation for services
under this act as are allowed them for similar services un-
der tiie revenue laws of the state : Providfcl^ that nothing
contained in this act shall be so construed as to prevent
t!ie said corporation from providing for the assessment and
collection of such taxes b}' ordinance.
& 12. The said board siiall have power to appoint such Board to appoint
B I'-ii c • • i. CC I. certain urticere.
cers as may be judged necessary tor carrying into eiiect
t ic powers conferred upon said corporation by this act,
and to require them to give such bonds, with sucii security, Gue bond and
and take such oaths as maybe judged necessary to ensure
a faithful performance of their respective duties, and shall
have power to appropriate money, and provide for the
payment of the debts and expenses of the town.
To make regulations to secure the general health of the Health reJiuiaS
inhabitants of the town, to declare what shall be deemed
a nuisance, and to prevent and remove the same. Nuisancer
To open; aboiisli, alter, widen, extend, establish, grade, open and repair
or otherwise improve and keep in repair streets, alleys and fce!*^''' '^^^^*'
lanes in said town, and erect, maintain and keep in repair Bridget,
bridges.
1853. 138
To proviiie public To provide for the erection of all needful buildings for
, the use of the town, and to i)rovide for the enclosing, lay-
Public gronn.'.s . „ . . ' ^ , j^- ll ii- o' ^
and burial ing oti, improving and regulating all public grounds,
grounds. squares and burial grounds, belonging to the town.
Licenses. To liccuse, tax and regulate auctioneers, merchants,
Auctioneers, gro- retailers, grocers, taverns, eating houses, pedlers, brokers
cexs, 6cc. g^j^j money changers, but not to license the sale of intoxi-
^ , . , catinor drinks.
Thcntncal mi- i i • i i i V "i •
amusements lo liceuse, tax and regulate tlieatncal and other exnioi-
and other cxhi- . . , i " ,
bitions. tions, shows and amusements.
Tippling houses. To rcstraln, prohibit and suppress tippling houses, dram
shops, gaming houses, bawdy houses and other disorderly
houses.
Pires and fire To providc for the prevention and extinguishment of fires,
companies. ^^^ ^^ Organize and establish fire companies.
Regulate fences. Xo regulate partition fences, and provide for the inspec-
Hay, coii,&c. .jJq^ ^^j^^ Weighing of hay and stone coal, and for the
measurement of wood and fuel to be used in said town.
oensr.^. To provide for taking the enumeration of the inhabitants
of said town.
Election and du- To rcgulatc the clectiou of town officers, define their
fleers'*'^''" "''duties, and provide for the removal of any person holding
an office under the ordinances.
To fix the fees and compensation of all town officers,
jurors, witnesses and others, for services rendered under
this act or any ordinance.
Fines, penalties, Xo impose fiucs, penalties and forfeitures for the breach
of any ordinance, and to provide for the recovery and ap-
propriation of such fines and torfeitures, and the enforce-
ment of such penalties.
To prevent the encumbering of the streets, squares,
lanes and alleys of said town,; to protect shade trees; to
compel persons to fasten horses, mules and other animals
attached to vehicles while standing upon any square, street,
lane, alley, or enclosed lots ; to prevent the running at
large of horses, cattle, hogs, sheep, or animals, and pro-
vide for distraining and impounding the same, and to jiro-
vide for the sale of the same for any penalty incurred, and
to impose penalties upon the owners of any of such ani-
mals, for the violation of any ordinance in relation thereto.
To prevent the running at large of dogs, and to jirovide
for the destruction of the same when running at large
contrary to ordinance.
To prevent the firing of squibs, rockets, guns, or other
combustibles or fire arms, within the limits of said town.
or<iin;uiccs. § 13. The president and board of triistccs shall have
power to make all ordinances which shall be necessary
and proper for carrying into execution the powers spec-
ified in this act, so that such ordinances shall not be re-
pugnant to the constitution of this state and of the United
139 1853.
States. The style of the ordinances of the town, shall be : siyie.
'•''Be it ordained by the President and Tru.s/ets (/f the
town of CarlinvUlef and ^^all ordinances shall, within one
month after they are passed, be published in a ncwspa})er
printed in said town, or if no newspaper is printed in said
town, by posting copies of the same in four public places
in said town, and the certificate of the publisliers of such
newspaper, or of the clerk of the board, under the seal of
the corporation, shall be prima facie evidence of such
publication. No ordinance shall take etFect until published
as aforesaid.
§ 14. All ordinances may be proven by the seal of the oniinanccs, tow
town, and when printed or published in book or pamphlet
form, and purporting to be printed or published by author-
ity of the corporation, the same shall be received as evi-
dence in all courts and j)laces without furtlier proof.
<5 15. The president of the board shall preside at all i'i*Yi'^''™*to pre-
•> r-iiii !• ri* hiile at all ineet-
meetuigs oi the board when present, and in case oi his ings.
absence at any meeting the board may elect a temporary
chairman. He shall at all times be vigilant in enforcing
the laws and ordinances for the government of the town.
He shall inspect the conduct of all subordinates and cause
negligence and wilful violation of duty to be punished.
He sliall have power and authority to call on all male in-
habitants of said town over the age of eigliteen years to
aid in enforcing the laws and ordinances, and in case of a
riot, to call out the militia to aid in suppressing the same,
or in carrying into effect any law or ordinance, and any
person wiio stiall fail or refuse to obey such call, shall
forfeit and pay to said corporation the sum of five dollars.
§ 16. The said president shall be commissioned by the president com-
governor as and he shall have and exercise the same ticeo't 'tue rract
power and jurisdiction conferred upon other justices of
the peace by laws of this state, and shall have exclusive
jurisdiction in all cases ai'ising under the ordinances of the
corporation, and shall receive tlie same fees and compen-
sation allowed for similar services, under the laws of this
state, to other justices of the peace, and for any wilful and
corrupt oppression, malconduct or partiality, or palpable
omission of duty in his said office, may be indicted in the
circuit court of Macoupin county, and upon conviction
shall be fined in a sum not exceeding one hundred dollars,
and the court shall have power, upon the recommendation
of the jury, to make his removal from office a part of the
judgment.
§ 17. The president and trustees shall have power by srcciai taxes.
ordinance to levy, assess and collect a si)ecial tax on the
holders and owners of lots upon any street, square, lane
or alley, or upon any part of any street, square, lane or
alley, according to their respective fronts owned by them,
1853. 140
for the ])urpose of grading, planking or paving such square,
street, lane or alley, to be collected as other taxes are
collected by the provisions of the tenth and eleventh sec-
tions of this act, or as may be provided by ordinance.
Road labor. ^ 18. The president and trustees, for the purpose of
keeping the streets, alleys, lanes, avenues and highways
in repair, to require every male inhabitant of said town,
over the age of twenty-one years, to labor on said streets,
lanes, alleys, avenues and highways three days in each
year, and every person failing or refusing to perform such
road labor after being notified as may be provided hy ordi-
nance, shall forfeit and pay one dollar per day for each day
so neglected and refused.
Punishment of § 19. The president and board of tru^tees shall have
offrinders. power to provide for the punishment of tlie offenders against
any ordinance, in the coi;nty jail, in all cases where such
offenders shall fail or refuse to pay the fines and forfeitures
which may be recovered against them.
Kxempt from § 20. The inhabitants of said town shall be exempt
i»a a or. fj-Qm the ])errormance of road labor and the payment of
road tax levied by authority of the county court, and the
entire jurisdiction and control of the roads, highways and
bridges in said town shall be held and exercised by the
president aud trustees as aforesaid.
Writs to be pros- ^ 21. Allwrits for the recovery of penalties for the
Qame '"f tiie breach of any ordinance of said town, shall be in the form
tawn. q£ ^^ action of debt, before the president of the board, or
in case of his absence or inability to act, before some other
justice of the peace of said town, and changes of venue
and appeals shall be allowed in cases commenced before
the said president of the board of trustees as in other cases
before other justices of the peace : Provided^ the said cor-
Appoais. poration shall be allowed to appeal in any case in which
they are parties, by causing their secretary to execute a
bond in the name of said corporation, in the form now pre-
scribed by law in other cases, without other security, and
an order entered upon the records of said corporation, di-
recting said appeal, shall be sufficient evidence of the
authority of said security to sign said bond.
juriadktiou of ^ 21. The town constable elected under the provisions
town constable. ^^ ^j^.^ ^^^ ^j^^j^ j^^^.^ ^o^^v and authority to execute all
process issued for the breach of any ordinance of said
town, and for that purpose his power and authority shall
extend over the county of Macoupin, and shall have the
same power, jurisdiction and authority within the limits
of said town as other constables under the laws of this
state, and shall give bond and qualify as the said board
shall by ordinance prescribe.
*mpmx°d m name ^^ ^^" "^'^ ^'^^^''^ ^^^'" ^'"^^ ^"^ penalties in and for the vi-
«f(owii. ' elation of any ordinance, shall b&^ in the name of "The
141 ' 1853.
town of Carlinville," and the said corporation shall have
power to regulate, by ordinances, the form and nature of
the first and of any subsequent process, and the mode of
executing the same.
§ 23. She president and trustees of said town shall schools and,
have jurisdiction of common schools within said town, and ''''■'""''"""'
shall have power to assess and provide for the collection
of taxes for tiie erection of school houses, the support of
schools, and finishing the said school houses, the employ-
ment of teachers and the payment of the same.
§ 24. This is declared to be a pu')lic act, to take effect
from and after its passage.
Approved February 9, 1853.
AN ACT to incorporate the City of Warsaw. Inforce Veh. 12.
1853.
ARTICLE FIRST.— 0/ Boundaries and Ge?ieral Foiver.s.
Section 1. Be if eiiacted by the people of the state of
Illinois, represented in the General *^ssembly^ That the Corporation,
inhabitants of the town of Warsaw, in the county of Han-
cock, 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 Warsaw;" and by that name shall have per- style, &c.
petual succession, and may have and use a common seal, succession,
which they may change and alter at pleasure.
§ 2. AH that district of country embraced within the Boundaries,
following boundaries, to wit, beginning in the main chan-
nel of the Mississippi river, due west of the south side of
the southwest fractional quarter of section nine, town-
ship four north, range nine west, in said Hancock county ;
thence up said river, along the middle of said channel, to a
point due north of the east line of the southwest quarter
of section three in said township ; thence south to the
southeast corner of the southwest quarter of section
three ; thence west to the centre of the south line of said
quarter section : thence south to the southeast corner of
the west lialf of the northwest quarter of section ten, in
said township ; thence east to the northeast corner of the
southwest quarter of said section ; thence south to the
south line of Wilson's addition to the town of Warsaw ;
thence west to the east line of English's addition to said
town ; thence south to the south line of said English's ad-
dition to said town, and thence west to the place of begin-
ning, is hereby declared to be within the boundaries of said
city of Warsaw.
1853.
142
in'.o § 3. The present board of trustees of tlie town of War-
saw shall, on or before tiie first day of I\iarch next, divide
the said city of Warsaw into three wards, as nearly equal
in population as piacticable, particularly describing the
boundaries of each.
§ 4. Whenever any tract of land adjoining the city of
Warsaw shall have been laid off into town lots and duly
recorded as required by law, the same shall be annexed to
and form a part of said city of Warsaw.
ers. § 5- The inhabitants of said city, by the name and
style aforesaid, shall have power to sue and be sued, to
implead and be impleaded, defend and be defended in all
courts of law and equity, and in all actions whatsoever;
to purchase, receive and Iiold property, both real and per-
sonal, in said city, to purchase, receive and hold pro-
perty, both real and personal, beyond the city, for burial
grounds or for other public purposes, ibr the use of the in-
habitants of said city, to sell, lease, convey or dispose of
property, real and personal, for the benefit of the city, and
to improve and protect such property, and to do all other
things in relation thereto as natural persons.
ARTICLE SECOND.— 0/ the City Council.
Board of
luoa.
Section 1. There shall be a city council, to consist
of a mayor and board of alderman.
§ 2. The board of aldermen shall consist of two mem-
bers from each ward, to be chosen by the qualified voters
for two years, and by general ticket, until otherwise or-
dered by the city council.
Qimiitioations of § 3. No persou shall be an alderman unless, at the
time of his election, he shall have resided six months with-
in the limits of the city, and shall be, at the time of his
election, twenty-one years of age, a citizen of the United
States, and a resident of tlie ward for which he is elected.
Kpinovfti to va- ^ 4, If any alderman shall, after his election, remove
from the ward for whicli he is elected, his oliice shall
thereby become vacated.
Mdernipn to b« § ^- "^^^ '^^^ ^^''st meeting of the city council, the alder-
aividwi into two men shall be divided by lot into two classes. The seats
of those of tl'e first class shall be vacated at the expiration
of the first year, and of the second class at the expiratiou
of the second year, so that one-half of the board shall be
elected annually.
QiiiiiKuatioi.s of § 6. The city council shall judge of the qualifications,
"oundi!'' "' elections and returns of their own members, and shall de-
termine all contested elections.
Qu'^niiLi. ^, 7, A )najority of tlie city council sliall constitute a
quorum to do business, but a smaller number may adjourn
143 1853.
from day to "fiay and compel the attendance of absent mem-
bers, under siicii penalties as may be prescribed by ordi-
nance.
§ 8. The city council shall have power to determine Rules of procceo-
the rule of its proceedings, punish its members for disor- '"^^"
derly conduct, and, with the concurrence of two-thirds of
the members elected, expel a member.
^ 9. The city council shall keep a journal of its pro- KoM>a,iouriiaiof
ceedings, and from time to time publish the same ; and the i""^'-^'"»=^-
yeas and nays, when demanded by any member present,
shall be entered on the journal.
§ 10. No alderman shall be appointed to any office un- Aiaermcn not ci-
der the authority of the city which sliall have been created, cr^^d^-iuS
or the emoluments of wliich shall have been increased du- ^iieirterms.
ring the time for which he shall have been elected.
§ 11. All vacancies that shall occur in the board of al- "^'^-I'l^^j ^>ow
dermen shall be filled by election.
§ 12. The mayor and each alderman, before entering oath of office,
upon the duties of their office, shall take and subscribe an
oath that they will support the constitution of the United
States and of this state, and that they will well and truly
perform the duties of their office to the best of their skill
and ability.
. 5 13. Whenever there shall be a tie in the election oi ric,h,mu,\>e<.\^
aldermen, the judge of election shall certify the same to '^''''''^•
the rnayor, who shall determine the same by lot in such
manner as shall be ])rovided by ordinance.
§ 14. There shall be twelve stated meetings of the city stntovi meeting of
council in each year, at such time and places as may be " "^
prescribed by ordinance
ARTICLE THIRD.— Of ihe Chief Executive Officer.
§ 1. The chief executive officer of the city shall be aMayur, and ws
mayor, who shall be elected by the qualified voters of the *"™°^°"^"''-
city, and shall hold his office for one year, and until his
successor shall be elected and qualified.
§ 2. No person sliall be eligible to the office of mayor Quaiificatious or
who shall not have been a resident of the city for one year '"''^"'■"
next preceding his election, or who shall be under twenty-
one years of age, or who shall not, at the time of his elec-
tion, be a citizen of the United States.
§ 3. If any mayor shall, during the time for which he when office of
shall have been elected, remove from the city, his office cateu.
shall be vacated.
§ 4. When two or more persons shall have an equal ''"'''» ''"^" decided,
number of votes for mayor, the judges of elections shall
certify the same to the city council, who shall proceed to
determine the same by lot in such manner as may be pro-
vided by ordinance.
1853. i^^
Vacancy to be
ij'.led by elecl
§ 5. Whenever an election of mayor shall be contested,
the city council shall determine the same in such manner
as may be prescribed by ordinance.
§ 6. Whenever any vacancy shall happen in the office
m of mayor, it shall be filled by election.
ARTlChF. i\)VRTB.— Of Elections.
B.cUonoenw- § 1- On the first Monday of April next an election
shall be held in said city for one mayor for the city, and
two aldermen for each ward; and forever th.ereafter, on the
first Monday of April of each year, there shall be an elec-
Kor aldermen. ^[^^^ i,eld for onc mayor for the city, and one alderman tor
Manner of dec- each Ward. The first election for mayor and aldermen
"""■ shall be held, conducted and returns thereof made as may
be provided by ordinance of the present trustees of the
town of Warsaw.
5 2 All free white male inhabitants over the age ot
Qn.,mcation °' ^^^^^^^^.^^^ y^^rs, who are entitled to vote for state offi-
prov,.o. cers, shall be entitled to vote for city officers : Provided,
the city council may at any time require by ordinance that
said voters shall give their votes for mayor and aldermen
in the wards in which they respectively reside, and in no
other; and that no vote shall be received at any of said
elections unless the person offering the same shall be at
the lime an actual resident of said ward.
ARTICLE FIFTH.— 0/^/ie Legislative Powers of the City
Council.
§ 1. The city council shall have power and authority
^;«anTcor-to levy and collect taxes upon all property, real and per-
'"'''"'■ sonal, within the limits of said city, not exceedmg one-half
of one per [cent, per] annum, upon the assessed value
thereof, and may enforce the payment of the same m any
manner to be prescribed by ordinance, not repugnant to the
constitution of the United States or this state.
§ 2. The city council shall have power to appoint a
'""''''• clerk, treasurer, assessor, marshal, supervisors of streets,
and all such other officers as may be necessary. ;
§ 3 The city council shall have power to require of
omoiaiboud. ^^^^^^^^^^,j.s appointed in pursuance of this charter, bond
with penalty and security for the faithful performance of
their respective duties, as may be deemed expedient; and
also to require all officers appointed as aforesaid, to take
an oath for the faithful performance of the duties ot their
' ■ respective offices before entering upon the discharge of
»hoo,«. the same; to establish, support and regulate common
schools; to borrow money on the credit of the city : Prov-
ided, that no sum or sums of money shall be borrowed at
145 1853.
a greater interest than six per cent, per annum, except for
railroad and plank road purposes, as liereiiiatter inentioned,
nor shall the interest on tlio aggregate ot" all the sums
borrowed and outstanding ev^er exceed one-half of the
city revenue arising from taxes assessed on real j)roperty
within the limits of the corporation, except for railroad
and plank road purposes, as hereinafter mentioned.
§ 4. To appropriate money and provide for the pay- Dojts.
merit of tlie debt and expenses of the city. ^
§ 5. To make regulations to prevent the introduction euntagious di*.
of contagious diseases into the city, and to make quaran- "^^ '^"^"
tine law s lor that })urpose, and enforce the same witiiin five
miles of the city.
§ 6. Tft establish hospitals and make regulations for nospitai«.
the government of the same.
§ 7. To make regulations to secure the general health ncaith.
of the inhabitants, to declare what shall be a nuisance, and ^u' ancea.
to prevent and remove the same.
§ 8. To provide the city with water, to erect hydrants n>(irants and
and pumps in the streets for the convenience of the in- '"™'^''"
habitants.
§ 9. To open, alter, abolish, widen, extend, establish, streets, &«.
grade, pave, or otherwise improve and keep in repair
streets, lanes, avenues and alleys.
§ 10. To establish, erect and keep in repair bridges. Bii<iges.
§ 11. 'To divide the city into waids, alter the bound a- uivide into wanj.
ries thereof, and erect additional wards, as the occasion
may require.
§ 12. To provide for lighting the streets and erecting Lights andiamr
lamp posts. p""^'^*
§ 13. To establish, support and regulate night watches. Night wntchw.
§ 14. To erect market houses, establish markets and Maikethousos.
market places, and to provide for the government and
regulation thereof.
§ 15, To provide for the erection of all useful build- P'""'*^ ''""'i*"«^
ings for the use of the city.
§ 16. To improve and preserve the navigation of the I'ut'iic grom.!*.
Mississippi river within the limits of tlie city.
§ 17. To erect, repair and regulate public wharves whanee .i.-i
and docks, to regulate the erection and repairs of private '^''^^'^'
wharves and the rates of wharfage thereat.
§ 18. To license, tax and regulate hackney carriages, carriaK<'s, <ira,j.
wagons, carts and drays, fix the rates to be charged for
the carriage of persons, and for wagonage, cartage, and
drayage of property.
§ 19. To license and regulate porters, and fix the rate ''^';^^^«J^ =*"" ^■'''
of porterage.
§ 20. To llctnse, tax and refjulatc theatrical and other ThoatncuiRhow.-.
exhibitions, shows and amusements.
1853. 146
TipMins houje?. § 21. To restrain, prohibit and suppress tlpnline hou-
Uidin shops, &c. •> , , ^.1 1 1' , 1 1
sf'S, dram shops, gaming houses, bawdy iiouses, and other
disorderly houses.
Fires and (Ira § 22. To provide for the prevention and extinguish-
co.upaiik-s. ment of fires, and to organize and establish fire companies.
iiesuiate ^vooden ^ 23. To rcgulate Or prohibit the erection of wooden
buildings in any part or the city.
Chimneys aud ^ 24. To regulate the fixing of chimneys and fixing the
"'■"" Hues tiiereof.
stcra^p o. t-r.i- § 25. To regulate the storBgc of gunpowder, tar, pitch,
powder. rosin and other combustible materials.
w^iis and," nets § 26. ToTcgulate and order parapet walls and parti-
tion fences.
M-ei?iits and § 27. To establish standard weio-hts and measures, and
regulate the weights and measures to be used in tlie city,
in all cases not otlierwise provided for by law.
insppctois of § 28. To provide for the inspection and measurement
um.>er, . .. ^^ iumbcr and other building materials, and for the meas-
urement of all kinds of mechanical work.
6 29. To provide lor the inspection and weighing of
Inspectors 01 liay, ,i ii ' ^ i> j
&c. /ia\ and stone coal, the measuring of charcoal, fire wood
and other fuel to be sold and used within the city.
lusppctioii oi to- § 30. To provide for and regulate the inspection of
lacLo, \c. tobacco, beef, pork, flour, meal and whisky in barrels.
! 1'^ nctov-onni'- ^^ ^^' ^^ regulate the inspection of butter, lard and
iL,, &c. other provisions.
§ 32. To regulate the weight, quality and price of
'■'"■bread to be sold and used in tlie city.
sixo < 1 bricua. § 33. To rcgulatc the size of brick to be sold or used
in the city.
cruuis. vj 34. To provide for taking enumerations of the in-
haiiitants of tiie city.
k; vLon ;'nd ro- § 35. To rcgulatc tliB elcction of the city officers, and
151'/'?^!°' ''''•^'"'" provide for removing from office any ])erson holding an
olfice created by ordinance.
«S 36. To regulate the police of the city, to impose
Police repula; ions •> - r • i i • ■ i < i-
and line.-.. fiiies, loricitures and penalties tor the breach ot any ordi-
nance, and provide for the recovery and apprehension of
such fines and forfeitures, and the enforcement of such
pt'Uialties.
§ 37. To fix the compensation of all city officers, and
regulate the fees of jurors, witnesses and others, for ser-
vii.'.t;s rendered under this act, or any ordinance.
§ 38. The city council shall have power to make all
ordinances which shall be necessary and proper for carry-
ing into execution the powers specified in tiiis act, so that
Silch ordinances be not repugnant to nor inconsistent with
tliL' constitution of the United States, or this state.
§ 39. The style of the ordinance of the city shall be :
"/>'<' il ordained by the city council of the city of fVarsaiv.^''
Comperisat
atyle of ordlnun-
147 1853.
§ 40. All ordinances passed by the city council shall, Publication of or-
within one month thereafter, be published in some news-
paper published in the city, and shall not be in force until
tliey shall have been published as aforesaid.
§ 41. All ordinances of the city may be proven by the Proof of ordinan-
seal of the corporation, and when printed and published
in book or pamphlet form, and purporting to be printed
and published by authority of the corporation, tiie same
shall be received in evidence in all courts and places with-
out further proof.
ARTICLE SIXTH— 0/ the Mayor.
§ 1. The mayor siiall preside at all meetings of theMayorto preside
city council, and shall have a casting vote, and no other, counciu "^°""
In case of non-attendance of the mayor at any meeting,
the board of aldermen sliall appoint one of their number
chairman, who shall preside at that meeting.
§ 2. The mayor or any two aldermen may call special spedai mooting-;
meetings of the city council.
§ 3. The mayor shall at all times be active and vigilant Duties of mayor.
in enforcing the laws and ordinances for the government
of said city ; he shall inspect the conduct of all subordi-
nate officers of said city, and cause negligence and posi-
tive violation of duty to be presented and punished ; he
shall i»om time to time communicate to the aldermen such
information, and recommend all such measures as in his
opinion may tend to the improvement of the finances, the
police, the health, security, comfort and ornament of
the city.
§ 4. He is hereby authorized to call on every male in-p^^gg,
habitant 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 in carrying into effect any law or ordinance, and any
person who shall not obey such call shall forfeit to the said
city a fine not exceeding five dollars.
§ 5. He shall have power, whenever he may deem itPo^erto compel
3 ^ • / re r -J -J. I M -^ exhibition of
necessary, to require oi any omcer or said city an exlubit books, ic.
of his books and papers.
6 6. He shall have power to execute all acts that may Executive power.
be required of him by any ordinance made in pursuance of
this act.
§ 7. He shall be commissioned by the governor as axo be commis-
justice of the peace for said city, and as such shall be a of°the p^acT."''*
conservative of the peace in said city, and shall have pow-
er and authority to administer oaths, issue writs and pro-
cesses under the seal of the city, to take acknowledgments
of deeds, mortgages and other instruments of writing,
1853. 148
and certify the same under the seal of the city, which shall
be good and valid in law.
Exclusive Juris ?i 8. He sliall have exclusive jurisdiction in all cases
diction. • ■ 1 . , !• f A^ A- ^
arising under tlie ordinances ot the corporation, and con-
cin rent jurisdiction with all other justices of the peace in
all civil and criminal cases within the limits of said city ari-
sing under the laws of the state, and shall receive the same
fees and compensation for his services in similar cases.
§ 9. He shall also have such jurisdiction as may be
vested in him by ordinance of the city in and over all
places within five miles of the boundaries of the city, for
the purpose of enforcing the health and quarantine ordi-
nances and regulations thereof.
salary. ^ 10. And he shall receive for his services such salary
as shall be fixed by an ordinance of the city, and the usual
fees of the justices of tlie peace.
ijabiiity to in- §11- In case the mayor shall at any time be guilty of
dictmcnt. ^ palpahle omission of duty, or shall wilfully ami corrupt-
ly be guilty of oppression, malconduct or partiality in the
discharge of the duties of his office, he shall be liable to be
indicted in the circuit court of Hancock county, and on
conviction he shall be fined not more than two hundred
dollars ; and the court sliall have ])ower, on the recommen-
j <s;:aient. datiou of the jury, to add to the judgment of the court that
he be removed from office.
ARTICLE SEYEISTK.— Proceedings in Special Cases.
Private property, § 2. When it sliall bc ucccssary to take private prop-
how apprupiia- ^j,^y ^^^^ Opening, widening or altering any public street,
lane, avenue or alley, the corporation shall make a just
compensation therefor 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.
Open'ng, widen- § 2. Wlicu tlic owucrs of all the property on the street,
i.ig and altering] an e avenuc or alley proposed to be opened, widened or
or streets. i i i n • • i , • -i
altered sliall petition therefor, the city council may open,
widen or alter such street, lane, avenue or alley, upon con-
ditions to be prescribed by ordinance, but no compensa-
tion shall in such case be made to those where property shall
be taken for the o])ening, widening or altering of sucli street,
lane, avenue or alley, nor shall there be any assessment of
benefit or damage that may accrue thereby to any of the
petitioners.
Jurors to be ^ 3. All jurors impanncllcd to inquire into the amount
of benefit or damage which sliall hajipen to the owners of
property ])roposed to be taken for opening, widening or al-
tering any street, lane, avenue or alley shall be first sworn
149 1853.
to that effect, and shall relurn to the mayor tlifiir inquest,
in writing, ;-igned by each juror.
§ 4. In assessing tlie amount of compensation lor prop- juneof ass -bSng
erty taken for opening, widening or altering any street, ^'^^astu.
lane, avenue or alley, the jury shall take into consideration
the benefit as vyell as the injury happening by such opening,
widening or altering of such street, lane, avenue or alley.
§ 5. The mayor shall have power, for any good cause ,\ssc?smcnt mor
shown, within ten days after any inquest shall have been re- ''•^ s'^' asioe.
turned to him as aforesaid, to set the same aside, and cause
a new inquest to be made.
§ 6. The city council shall have power, by ordinance, spcdii tart'-frr
to levy and collect a special tax on tiie holders of the lots stre«^t purposes.
on any street, lane, avenue or alley, or part of any street,
lane, avenue or alley, accorditig to their respective parts
owned by them, for the purpose of paving and grading the
side walks.
ARTICLE EIGHTH.— MlsceHaneaus Provisions.
§ 1. 'ihe inhabitants of the city of Warsaw are Iiereby Exemption ir m
exempted from working on any road beyond tlie limits of tl'^t.'^city'"^ '^"'^ "^
the city.
§• 2. The city council shall have power, for the purj)0se street laboi.
of keeping the slreets, lanes, avenues and alleys in rejjair,
to require every male inhabitant in said city, over twenty-
one years of age, to labor on said streets, lanes, avenues
and alleys not exceeding three days in each and every year;
and any person failing to perform such labor wiien duly no-
tified by the supervisor, shall forfeit and pay the sum of
one dollar per day for each day so neglected or relused.
§ 3. The city council shall [have] power to provide p^mfhrnent cr
for tiie punishment of oflenders by imprisonment in the o"'="'icr».
county or city jail, in all cases where such offenders shall
fail or refuse to pay the fines and forfeitures which may be
recovered against them.
§ 4. The city council shall cause to be publish d an- publication of rr-
nually a full and complete statement of all moneys received p[.',tafn;;''et'.^ '*'
and expended by the corporation during the preceding year,
and on what account received and expended.
§ 5. All ordinances and resolutions passed by the pres-ordrniiKis tt
ident and trustees of the town of Warsaw shall rc-main in "''^'■'"'^•
force until the same shall be repealed by the city council
hereby created.
§ 6. All suits, actions and prosecutions instituted, com- Mariner of insn-
menced or brought by the corporation hereby created shall ocuJuju'suiu!" "
be instituted, commenced and ])roseeuted m the name of
the city of Warsaw. Actions &c. com
§ 7. All actions, fines and forfeitures wl.ich have ac- corporatioU 'i*
e presi
1853. 150
shall be vested in and prosecuted by the corporation here-
by created.
Property to vest § 8. All property, real and personal, heretofore belong-
mne^' corpora- i„g ^^ ^j^g president and trustees of the town of Warsaw,
for the use of the inhabitants of said town, shall be and the
same is hereby declared to be vested in the corporation
hereby created.
AcusoftAvutiuf- § 9. Tiiis charter shall not invalidate any act done by
vlud.*^' remain |.jj^ president and trustees of the town of Warsaw, nor- di-
vest them of any right which m-iy have accrued to them
prior to th.e passage of tliis acf.
Promulgation of § 10. The president and trustees of the town of War-
saw shall, immediately after the passage of this act, take
measures to promulgate this law within the limits of the
city of Warsaw, and issue their proclamation for the elec-
tion of officers, and cause the same to be p.ublished in all
the news})apers in said city for four weeks in succession
prior to tiie day of election for said city officers.
Api'cx.s. § 11- Appeals shall be allowed from all decisions in all
cases arising under the provisions of this act, or any ordi-
nance passed in pursuance thereof, to tiie circuit court of
Hancock county ; and every such appeal shall be taken and
granted in the same manner and v/ith like effect as appeals
are taken from and granted by justices of the peace to the
circuit court under the laws of this state.
uj.i-rjx- pro tern. § 12. Whenever the mayor siiall absent himself from
the city, or shall resign, or die, or liis office sliall be other-
wise vacated, the board of aidermen shall immediately pro-
ceed to elect one of tlieir number president, who shall be
mayor pro fern.
■uiis act to be § 13. This act is liereby declared to be a public act,
public. gj.,j ^^y ]jg n;,-d.A in evidence in all courts of law and equity
in this state, without proof.
5 14. All acts and parts of acts coming witliin the pro-
A 'ts and parts of . J ^ , i • i , i ■
a ts repealed, visious 01 tliis charter that are conti'ary thereto, or incon-
sistent with its provisions, are hereby repealed.
Pouerio oxecuts § 15. The city marshal, or any other officer authorized
'^■''■"" to execute writs or other process issued by the mayor,
shall have power to execute the same any where witliin the
limits of said Hancock county, and shall be entitled to the
same fees for traveling as are allowed to constables in
similar cases.
iwceti.ni,- . § 16. The city of Warsaw is hereby authorized, iu ad-
dition to the taxes already authorized to be collected, to
levy a tax not exceeding one-eighth of one per centum in
each year on ail taxable property in said city, the proceeds
of which said tax shall be wholly applied to the support of
common scho ds in said city, and to no other purpose. Said
tax is to be collected in the same manner and under the
same regulations thai other city taxes are collected.
161 1853.
6 17. The city council of said city shall liave power •'T'!''' f""" '"-
, ^ . , r. < . . . V 1 i- 11 . dosing srouuds.
to provide for enclosing, improving and regulating all pub-
lic ground within the city, and for the punishment of inju-
ries or damage done to trees, buildings or other iinprive-
ments thereon, to license, tax and regulate auctioneer^, Auctionceri,gro-
merchants and retailers, groceries, taverns, and all places ^'■'■'*'*"^-
where fermented liquors are sold, and the venders of tlie
same, hawkers, pedlers, brokers, pawnbrokers and moufy I'loviso.
changers: Provided, that nothing herein contained shall he
construed to vest in said city council authority to grant li-
cense in any cases or for any purposes where tiie same may be
prohibited by any existing or future general law of this state.
§ IS. The city marshal of said city shall, by virtue of'^'''." in:'.isiu,i t»
his office, be a constable of Hancock county, with power . f "o.usiuLie. '
to serve process, and to do all acts that constables n:iav
lawfully do, and shall receive the same fees as are allowed
to other constables by law, and shall, before entering upoi>
the discharge of his office, in addition to the ordinary bond
which may be required of him by city ordinance, execute
another bond and file it in the office of the clerk of the
countv court of Hancock county, in like manner as oth.er
constables are now required to do by law, and he shall,
moreover, take the same oath to discharge the duties of
his office, and in the same manner that other constables are
now required to take.
§ 19. The city council shall have power to provide by 'nfaxir-f o"irt!^
ordinance for the organization and maintenance of a may-
or's court for said city, and for tiie trial and punishment of
all offenders against the ordinances of said city, made in
conformity with the powers granted in this charter and not
inconsistent with the constitution of the United States, or
of this state.
6 20. That in addition to the powers and privileges <^''t>' council to
,-'.,, r. 1^1 • , ' Mi- ■ ^ -, I- subscribe for rail
herembelore conierred, the city council or said city of or plant road
Warsaw, wlienever a majority of the legal voters of said '''°'^'^"
city sliall, by vote at an election called for that purpose by
the city council, so express their wish to purchase or
subscribe for shares of the capital stock in any railroad
company or plank roaa company already incorporated, or
or hereafter to be incorporated or organized under any
law of this state, and located wholly or in part in said
Hancock county, in any sum or sums not exceeding one
hundred thousand dollars in the aggregate ; and the stock
so subscribed for or purchased shall be under the control
of the city council of said city, in all respects as stock own-
ed by individuals.
5 21. That for the payment of said stock the city Pny^nentoi stock
^.,„., II ii-i..! BuL.crlbedlOi
council of said city are hereby authorized to borrow mo- cuy.
ney at any rate not exceeding ten per cent, per annum,
and to pledge the faith of the city for the annual payment
of the interest and the ultimate redemption of the princi-
1853.
152
Amount that
boads are t.j le
lasued for.
pal ; or if said city council shall deem it most advisable,
tiiey are lieieby authorized to ])oy for such siibscriptious or
purchase in the bonds of the city, to be drawn lor that
purpose in sums not less than fifty dollars, bearing interest
not exceeding ten per cent, per annum : Froiidec/^ihsit no
bond shall be paid cut at a less rate than par Aalue.
Bonds ot city to § 22. The railroad Companies and plaiilf road compa-
^itoTstock. '''' "^^^ already organized or incorporated, or hereafter to be
organized or incorporated under tlie laws of this slate, and
lying or being wholly or in part within t)ie limits of said
Hancock county, are hereby authorized to receive the
bonds of said city to the caj)ital stock of said company at
par and in lieu of cash, and to issue their bonds bearing
interest not exceeding ten per cent, per annum, for any
moneys by them borrowed for the construction of their
railroad or plank road and fixtures, or for the purchase of
engines and cars, and for such purpose may dispose of any
bonds by them received as aforesaid.
§ 23. No bonds shall be issued under the provisions of
this act, excepting for the amounts required to be })aid at
the time of subscrij)lion, and for the amounts of and at
the time wheji assessments upon all the stockholders of
said company shall be regularly assessed and inade payable.
§ 24. The said city of Waisaw is hereby authoiized, in
addition to the taxes herein before authorized to be col-
lected, to levy and collect a special annvai tax upon the
property, real and personal, situated in said city, suthcient
for the payment of the annual interest which may accrue
upon any i)onds to be issued by said city for railroad or
plank road purposes, under the provisions of this ciiarter.
Said special tax to be levied and collected at the same time
and in the same manner as other taxes levied by said city,
and the said city shall liavethe same rights, ])owers.and rem-
edies to enforce the collection ofthe same, by the sale oi [oro-
perty or otherwise, as in or may be ])rovided for in other
tases relating to the city revenue. Said tax when collected
shall be by the said city council set apart and held sejjarate
and distinct from the other jjortions of ihe city ]'evenue as
a fund specially pledged for a payment of the annual in-
terest on the bonds aforesaid, and shall be by the said city
council from time to time applied to tlie payment of said
interes as the .same becomes due and pa} able, and to no
Other purpose whatever.
§ 25. Tiiat portion of township four nort'', range nine,
west ofthe fourth princi[)al mrridian, lying within the cor-
porate limits of the city of Warsaw, with such parts of
said township as may be hereinafter incorporated with and
become un('er the jurisdiction of said city, shall be and
the same is hereby erected into a common school district,
to be known as and called the "Warsaw .School District."
153 1853.
§ 26. The care and superintendence of the commonSuponntendencs
schotil.s within the city of Warsaw, tosj;ether with the funds schools.*^
and estate, botli real and personal, belonging to and which
may be conveyed to said Warsaw scliool district, shall de-
volve uj)on the city council of the city of Warsaw, and
they shall have power to appoint, at their first meeting alter
their annual election in eaoli year, a general superinten-
dent of public schools, for said city of W^arsaw whose
term of olfice shall be for one year, and until his successor
shall be duly elected and qualified, and his duties and the
amount of his salary shall be defined by the city council of
the city of Warsaw: Provided, however, that the said rrovias.
salary shall at no time be paid out of the school fund be-
longing to said Warsaw school district; and said city
council shall have power to make all laws and ordinances
necessary and proj)er for the management of said common
schools not inconsistent with the constitution of this state.
§ 27. The township funds and estate, real and per- Townswp fmni*
sonal, belonging to said township four north, range nine *» i^^ divided,
west, shall be divided betv/een the city of Warsaw, and
the portions of said township lying without the city of
Warsaw, as follows : the trustees of schools cf township
four north, range. nine west, shall, within three months
from and after the passage of this act, appoint three
respectable householders, one from the city of Warsaw,
one from township four north, range nine v est, residing
outside of the cit\, and one residing in townsliip four
north, range eight west, in said Hancock county, who, or
a majority of whom, after being duly sworn well and truly
to perform their duty, shall ascertain as nearly as may be
the number of white persons under the age of twenty
years residing within said township four north, range nine
west, both within and without the limits of said city of
Warsaw, and tiiey shall divide and apjjortion the aforesaid
township funds and estate according to the number of
chihlren under the age aforesaid, residing in said township
witliin and without said city of Warsaw, and shall pay over
and deliver to said city tiie distributive share of the said
township funds and estate aforesaid, to wliich tlie said
Warsaw school district may be entitled, according to the
number of white persons under the age aforesaid, residing
in said township within and without t!ie limits of said city
respectively, and the said commissioners shall have power commSsBionerei*
to make their deed of partition, and convey to the city of ""'"'^ partiucs.
Warsaw its distributive share of the real estate be'onging
to the school fund of said township aforesaid; and in case
the con)missioners ap[)ointed as aforesdid shall refuse or
neglect to perform the duties aforesaid within oi.e month
from the time of their appointment, the said trustees of
schools of said township sliall have power to appoint others
to Waraaw
trict.
1853. 154
in their stead, either in or out of said city of Warsaw, who
shall, in like manner, be sworn and perform the duties
assigned to the first mentioned commissioners; and said
trustees shall have power to make appointments and fill
vacancies in the same until the objects of this act are car-
Tiso. ried into effect : Provided, the same shall be done within
twelve months from and after the passage of this act.
steestodeiiv- § 28. The trustees of schools of said township four
other"°propoT'ty"ortli) range nine west shall, upon such partition being
-made, p:iy over and deliver to the city of Warsaw the
funds and deeds to which said Warsaw school district may
be entitled according to the division and distribution afore-
said, and shall take from the clerk of the city of Warsaw
a receipt for the same. All scliooi houses in said city of
Warsaw which have been built by taxation or voluntary
contribution shall be and remain the property of the city
for school purposes, and not subject to partition as provided
in the preceding section, but the same [shall] be by said
commissioners conveyed to the said city in the same man-
ner as the property which may be by them partitioned and
set oft' to said city as hereinbefore provided.
., § 29. It shall be the duty of the city council of the
furnish commis- city of Warsaw to cause to be furnished to the school
scnooi com-
abTtractr*'^ *°missioner of Hancock county an abstract of the whole
numoer of white children under the age of twenty years,
residing in said Warsav/_ school district, witiiin ten days
after tlie number shall be ascertained: and the said school
commissioner shall annually pay to the clerk of the city of
Warsaw the proportion of the school, college and seminary
fund to which the said Warsaw school district may be en-
titled according to the number of children under the age
aforesaid residing in said district, taking his receipt for the
same : Provided, that no abstract of the number of chil-
dren as aforesaid, residing in said Warsaw school district,
shall be returned to said school commissioner oftener than
once in two years, as required in other school districts.
All members of any fire company of the city of
companies o^^-WarsDW residing in said city, (lurinsx the time he shall re-
ampt from ser- . . " • i i i • i i i
ving as Jurors mam a member ol sucli company, and comply with the rules
itr'eet labur. ""^ and perform the d uties thereof, shall be exempt from all
road and street labor, and from serxing as jurors, in every
Proviso. case whatever: Provided,\\\2X\\\\% section shall not be so
construed as to exempt any person from any tax upon
property.
a^empt from § '^ ^ ' The Said city of Warsaw sliall be exempt froui tliB
^^Ji^^i'i' organ- provisioiis of any and all laws providing for a system of town-
ship org mization now in force, or which may hereafter be
in force : Provided, that nothing in this section contained
shall prevent the legal voters residing in said city from vo-
155 1863.
ting on the question of township organization at any regu-
lar election lield by the county for that purpose.
§ 32. That all general laws or parts of laws heretofore Application ©f
passed, or whicii may be hereafter passed, for the purpose eeneraiiaws.
of adding to or enlarging the powers of towns and cities
which have been or hereafter may be incorporated by any
special act, or by virtue of any general law of this state,
shall be (Jeemed and held to a])ply as well for the benefit
of the said city of Warsaw as of any other; and it shall at
all times be lawful for the city council of said city of War-
saw to claim and exercise any and all powers which may
have or may hereafter be granted by general laws for the
purpose of adding to or enlarging or extending the powers
of towns and cities as aforesaid.
' § 33. The city council shall have power to provide by city councu to
ordinance that all taxes levied, assessed and collected un- ass Jssmen't'^ and
der and by virtue of the provisions of this act shall be as- collection of tax-
sessed and collected by the same assessor and collector,
whose duty it shall be, by general law, to assess and col-
lect the state and county tax for township four north, range
nine west, in said Hancock county. If said city council
shall wish to have said city taxes so assessed and collect-
ed, it shall be their duty to inform the clerk of the county
court as soon as convenient after the assessment is made
in each year for state and county purposes, of the rate per
cent, of taxation levied by them for city purposes for said
year; and it shall thereupon be the duty of said county Duty of cierk i>f
clerk to carry out each, and extend said tax upon the books county court.
of the assessor and collector in the same manner that he is
now required by law to carry out and extend the district
school tax against the name of each tax payer, whether
resident or non-resident, owning property in said cit} ; and
said city tax shall be collected in every respect, and the
collection thereof enforced in like manner and with like
remedies as the state and county tax, and shall be paid
over by the collector to the treasurer of said city at the
sam.3 time that the county revenue is required to be paid
ovci- to the county. Any court which shall render judg-
ment in said Hancock county against lands and lots in said
city for non-payment of taxes due the state and county
shall, at the same time, include in the same judgment any
and ail taxes which may be due said city on any such prop-
erly. For his services in carrying out, adding and extend-
ing said tax in the books of the assessor and collector, said
clerk of the county court shall receive one per cent, on
tlie amount of tax collected. The collector siiall receive
tlie same compensation which may be allowed by law for
the collection of state and county taxes, and shall be liable
on his official bond for the payment of all such city tax by
1853.
1^6
Fees and com- hiiTi collectcd. The fees of the clerk and collector to b<(
pensatioaot oi-^^^.j out of the taxcs thus collectcd.
Tax not to exceed § 34. The aggregate of the general tax levied OP th(
one per cent, entire real and personal estate within said city shall in n(
one year exceed one per cent, on the assessed valm
thereof.
§ 35. This act to take effect from and after its passage^
Approved February 1.2, J 853.
Sn/orco Feb. 12, AN ACT to incorporate the Warsaw and Port Byron Railroad Companyji
Doaiinlssloners.
Section 1. Be it enacted Inj the people of the state qp^
Iiluiois. represented in the General ^'hsembly^ Tiiat all sucl!
persons as shall become stockholders agreeably to the pro)
visions of tliis act in the corj)oration hereby created, shall b(i(
a body corporate and politic, and shall have perpetuaa
existence, by the name and style of "The Wajsaw ano(
Port Byron Railroad Company," and by that name majj
sne and be sued, complain and be comi)lained of, defenod
and be defended, in any court of law or equity ; may makc(
and use a common seal, and alter t!ic same at pleasuie
may make by-laws, rules and regulations for the manage-
ment of property, the regulati(nis of its adairs aiul forth«(
transfer of its stock, not inconsistent with the existing law.v;
and the constitution oftiiis state and of the United States>
and miy apjjoint such subordinate agents, officers and sen
vants as the business of said company may require, pre-
scribe their dutie?, and require bond for the faithful peM'
formance of their several duties.
§ 2. That VVm. II. R )sevelt, David Gochenour, of Haihn
cock county, Samuel Webster and Ivory Quim!)y, of War-ri
ren county, and Samuel Andrews and George E. ilolmes, o.o
Rock Island county, be and they are hereby a|)pointed conifi
mi^sioners for the purpose of procuring subscriptions to th(i
ca{)ital stock of said company, whose duty it shall be to
open books for subscription to the capital stock of sale*
company, giving notice of the time and place when anc
where said books shall opened, at least thiity days previous
thereto, by publication in some newspaper published near-i
est where said books are to be opened. The said comi
missiouers, or a majority of them, shall attend at the placjj
appointed for the opening of said books, either by them*
selves in proper person or by their agent, duly authorized,
and shall continue to receive subscriptions, either ])erson-
ally or by their said agents, until the sum of one hundred
thousand dollars shall be subscribed: Provided, no sub-
157 1863.
cription shall be received unless five per cent, on the
imoiuit subscribed shall be paid thereon at the time such
ubscription is made. And as soon as said sum of one hun-
Ired thousand doUars sliall be subscrit)ed, the said com-
nissloners sliall give twenty days' notice, by publication in oivenotiw.
uch newspapers published along the line of said road as
Jiey m^y deem proper, of an election by said stockholders
if a board of directors as hereinafter pi'ovided for the nian-
igement of tlie business of said company, at such time and
dace appointed for that purpose. The commissioners ap-
lointcd for that purpose, or a majoriny of them, shall at-
end and sliall act as inspectors ot said election, and the
tockholders shall proceed to elect seven directors by bal- Elect director*,
at, and the commissioners present shall certify the result
if such election under their hands, which said certificate
hall be recorded in the record book of said company, and
hall be sufficient evidence of the election of the directors
bercin named. The directors thus elected shall hold their
ffice for one year, and until their successors are elected
iid qualified.
i§ 3. Tlie capital stock of said company shall be live capuaistoch.
iundred thousand dollars, which shall be divided into shares
f one hundred dollars each, and the said capital stock
»ay be increased by the directors of said company to any
*im not exceeding one million of dollars, if necessary to
0mplete the work herein authorized, and the same shall
le subscribed for and taken under the direction of the
bard of directors of said company in such manner as said
irectors shall from time to time direct. The stock of said
pmpany shall be deemed and considered personal property.
I § 4. The affairs of the company shall be managed by Management of
board of seven directors, to be chosen annually by the '^''''''■*^-
kockholders from among themselves. At all elections for
jirectors each stockholder shall be entitled to one vote
|r each share of stock held by him or her, and mav vote
ither personally or by proxy duly authorized, and a plu-
lity of votes given at any election shall determine the
loice, but no stockholder shall be allowed to vote at any
jeetion after the first for any share or stock which shall
kve been assigned to him within thirty days previous to
lid election. In case of any vacancy occurring in said vacancies,
bard of directors between the times for holding regular
lections, the same may be filled by the board at any meet-
|g of the said directors, and the persons so appointed to
il such vacancy shall hold tlicir offices until the next reg-
lar election for directors. In case of the absence of the
f the president of the board of directors, the directors
jiall have power to elect a [)resident j:)'o fcmporc, who
lall exercise for the time being all the legal powers of the
resident of said company.
1853.
158
.Ma'.c> Ci^lls upon S 5.
utoclilioUersr
Surveys, &c.
Right of vray.
The directors are hereby authorized and empow-
ered to make calls upon the stockholders at such time and
in such sums as they shall deem fit, giving at least thirty
days' notice of each of said calls, in at least two public
newspapers published in this state; and in case of failure
on the part of any stockholder to make payment of any
call made by said directors for at least forty days after the
same shall have become due, the said board of directors
are hereby authorized to declare said stock so in arrears,
and all sums paid thereon, forfeited to said company.
§ 6. The said company are hereby authorized and em-
powered to locate, construct and complete and to main-
tain and operate a railroad, with a single or double track,
and with such appendages as maybe deemed necessary by
the directors for the convenient use of the same, from
Warsaw, on the Mississippi river, in the county of Han-
cock, by the way of La Harpe, in said countj^, thence by
and through the city of Monmouth, in Warren county, to
Port Byron, on the Mississippi river, and are hereby au-
thorized to survey and determine the line of said road
upon such route between said points as the said company
shall deem most eligible; and the said company are further
authorized to use and operate said railroad, and shall have
power and authority to regulate the time and manner in
whicii goods, effects and persons shall be transported on the
same, and to prescribe the manner in which said railroad
shall be used, and the rate of toll for transportation of
persons and property thereon, and for the storage of mer-
chandise or other property under their charge, and shall
have power to provide all necessary stock and material
for the operation of said road, and shall have power to
erect and maintain all necessary depots, stations, shops
and other buildings and machinery for the accommodation,
management and operation of said railroad.
§ 7. That said company are hereby authorized, by their
engineers and agents, to enter upon any lands for the pur-
pose of making the necessary surveys and examinations of
said road, and to enter upon and take and hold all lands
necessary for the construction of the said railroad and its
appendages, first making just and reasonable compensation
to the owner or owners of said land for any damage which
may arise to tiiem from the building of said road; and in
case the said company shall not be able to obtain the title
of the lands through which the said road shall be laid, by
purchase or voluntary cession, the said company are hereby
authorized to proceed to ascertain and determine the dam-
ages sustained by such owner or owners in the manner
and uj)on the principles provided by the 9i!d chapter of the
Revised Statutes of this state, entitled "right of way :"
Provided, that after the assessment of damages as pro-
159 1853.
vided in said statute, and upon deposit of the amount of
such assessment in the county treasury of the county
where such lands lie, the said company are hereby author-
ized to enter upon such lands for the construction of said
road.
§ 8. The said company are authorized and em- Borrow money.
powered to borrow from time to time such sum or sums of
money, not exceeding the capital stock of the company, as
as in their discretion may be deemed necessary to aid in
the construction of said work, and to pay any rate of in-
terest therefor not exceedmg ten per cent., and to pledge
and mortgage the said road and its appendages, or any part
thereof, or any other property or effects, rights, credits or
franchises of the said company, as security for any loan of
money and interest thrreon, and to dispose of the bonds
issued for such loan at such rate and on such terms as the
board of directors may determine.
§ 9. Said corporation sliall be bound to repair all pub- Highways, &c.
lie highways, bridges and water courses which may be in-
jured in constructing the said railroad or its appendages,
and shall restore them as far as practicable to as good a
condition as they were originally.
§ 10. It shall be lawful for said company to unite with ''^^!,°°7'"" ''"'*'
any other railroad company which may have been or which
rtiay hereatter be chartered by any law of this state com-
ing to the route of the road hereby authorized to be con-
structed, upon such conditions and under such regulations
as may be agreed upon by the said companies.
§ 11. Any person who shall wilfully injure or obstruct Penalty for injn-
the said road, or any of the appendages thereto, shall be '''°^''"'' *
deemed guilty of a misdemeanor, and shall forfeit to the
use of said company a sum tiiree-fold the amount of dama-
ges occasioned by such injury or obstruction, to be recov-
ered in an action of debt in the name of said company, with
costs of suit, before any court having competent jurisdiction.
§ 12. This act shall be deemed and taken as a public p^bucnct.
act, and shall receive a liberal construction in all courts
and places, and shall be in force from and after its passage :
Provided., that the rights herein granted shall be forfeited Proviso,
unless said road shall be commenced within two years, and
the sum often thousand dollars expended bona fide thereon.
Approved Feb. 12, 1853.
AN ACT for the relief of the American Bottom Plank Road Company, in force Fpb. l
1363.
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Jissembhj, That the Borrow money,
American Bottom Plank Road Company is hereby author-
1853. 160
ized and empowered to borrow any sum of money, not ex-
ceeding ten thousand dollars, at any rate of interest not
exceeding ten per cent, per annum, and to execute bonds
or other writings evidencing said indebtedness and binding
upon the said company. Said company shall also liave
Powar to niort- power to cxecute a mortgage upon t!ie said road, and its
'^^' profits, tolls and property, real and personal, for further
securing the payment of any sum or sums of money which
may be thus borrowed ; which bonds, writings and mort-
gages shall be properly executed by the president of said
company, under the authority of the board of directors.
sasun bonds. § ^- Said Company may, if they deem it preferable, in
order to effectuate said loan, issue their bonds to an amount
sufficient to raise the said sum of not exceeding ten thou-
sand dollars, and to sell and negotiate tbe same when and
where and at such rates and prices as they may think pro-
per, and to provide, in addition, that the bonds or other
evidences of indebtedness, executed either under this or
the first section of this act, shall or may be convertible in-
to the stock of said company. And the said company may
donvey a mort-have tlic powcr of convcyiug or mortgaging their road, its
gage deed. property, tolls and profits, to trustees or other persons for
better securing the repayment of any money thus bor-
rowed, or bonds negotiated.
Approved February 12, 1853.
In force Feb. 8, AN ACT to establish the town of Essex, in Vermilion county, and for the
1853. organization thereof.
Section 1. Be it enacted hy the people of the state of
Boundary. I'linois, represented in the General ./Isscinbly^ That all of
congressional township thirty-one (31) north, range nino
(9,) east of third principal meridian, in Vermilion county,
be and the same is hereby created and established a town,
by the name of "Essex," with all the privileges and im-
munities of other towns in this state, and subject to tiic same
liabilities.
Annual moeting § 2. The inhabitants of said town shall hold their an-
nual town meeting, for the purpose of organizing and
choosing their town officers, on the first Tuesday of April
next, at the house of Hamilton Kceney, in said town, at
which time they shall elect their town oilicers in the man-
ner prescribed by law.
§ 3. This act shall take effect and be in force from and
after its passage.
Approved February 8, 1853.
Power of con-
stniotlcn.
161 1853.
AN ACT io incorporate the Randolph County Plank Road Company. in fovm Fei
1853.'
Section 1. Be it enacted by iJie people of the state of
Illinois, represented in the General *.'Jssemblij, Tiiat all
such persons as sliail become stockholders agreeably to
the provisions of this act in the corjjorr.tion hereby created
shall be, and for the term of twenty-five years from and af-
ter the passage of this act shall continue to be, a body pol-
itic and corporate, under tlie name of t!ie "Randolph Conn- x^mieauj^t
ty Plank Road Company," and by that name shall have
succession for the term of twenty-five years, may sue and
be sued, plead and be impleaded, answer and be answered
Unto in any court of law or equity; they may make and^'^"="'P'j™
use a common seal, and alter the same at pleasure ; make
by-laws, rules and regulations for the management of their
property and affairs and for the transfer oftTieir stock,, not
inconsistent with the laws of this state or of the United
States.
§ 2.^ Said corporation shall have power to construct,
maintain and continue a plank or turnpike road, or both,
of such width as they may deem advisable by the direc-
tors of said corporation, from the tov/n of Chester to the
town of Sparta, with a branch to the town of Steclville,
and sucli other branches as the directors may deem advi-
sable, within the limits of Randolph county : Provided:, that
the main track of such road from Chester to Sparta shall
be completed before the construction of any branches shall
be commenced.
§ 3. The capital stock of said company may be fifty capuai Ntoc;,
thousand dollars, which shall be considered personal prop-
erty, and divided into shares of fifty dollars each. Said
capital stock may, iiowever, be increased to an amount
Bufficient to complete or furnish said road or roads.
§ 4. William Rosborough, John A. Wilson, xV, M'DiI],c,m,nisM.i...
John Campbell, Seneca Parker, H. C. Cole and Seth Al-
len, and such ot'iers as they may associate with them, shall
be commissioners for receiving subscriptions to the stock
of said company^ when and where and after such notice as
they or a majority of them shall agree. They may require
security for the payment of subscriptions thereto, and prac-
tical payment thereof from time to time, as they may
deem necessary, before the same shall all be taken.
§ 5. The affairs of said company shall [bej managed by Mnnaseme.u
five directors, three of whom shall be a quorum to transact "'^*'"*
the business of said company, who shall be chosen so soon
as the sum of five thousand dollars shall be subscribed of
the stock of said company. Said directors shall continue
in office one year, and until their successors shall be
qualified. They shall be chosen by the stockiiolders,
each of whom may vote personally or by proxy, casting so
[ L]
domniissioners to
lU'livcT money,
&c-.,io directors
Borrow money.
Rati.-;-, jf toll
1853. ^"^
many votes as each may own sl-.ares of stock. Elections
of directors shall be held at the time and place appointed
by commissioners, and all subsequent elections may oe held
and re-ulated according to tbe by-laws ot said company.
0 ^ 6." Upon the election of directors and the orgamza-
1 tion of the board, the said commissioners shall deliver to the
said directors all moneys received by them on subscriptions
of stock, and the books of subscription and other property
of ''aid company. , . , +u
5 7 The said corporation is authorised, as soon as the
"^'■"" board of directors are elected, to commence the construc-
tion of said road; and as soon as any three miles of said
road shall be completed, they may erect toll-gates thereon,
and collect the t[>ll allowed by this act S-d company
shall keep said road in repair, and shall have powei to
construct bridges and causeways over sloughs and streams
any where on ti.e route of said road they may deem neces-
sary ; and said company may have power to borrow money,
not exceeding thirty thousand dollars, and may issue their
bonds for the same'in such amounts and at such times as
the directors may deem advisable for the construction of
'^S ^'''^Tlie said corporation shall have power to fix and
re-^ulate the toll to be charged and paid for passengers on .
aid road : Provided, said tolls shall not exceed the follow-
inff rates : for every vehicle drawn by one animal, two i
ce^its per mile; for every vehicle drawn by two animals, ,
th ee cents per'mile ; and one cent additional for each mile
for every aiiimal more than two; lor every five of nea i
cattle, one cent per mile; and for every ten of sheep or,
swine one cent per mile; and for every horse and ruler, or ,
ed horse, one cent per mile; and it shall be lawful fo,
any toll gatherer to stop and detain any person going on
said road^intil the toll properly ^'\-^Seable sha 1 be paul
and any person who shall use said road and refuse to pa>
such toll, shall forfeit and pay for each refusal the sum of
five dollars, to be collected by said corporation by aeuon
of debt before any justice of the peace of the proper county.
5 9 The said corporation shall be allowed two years
from the passage of this act to commence the construction
of said road or roads, and shall complete the same within
five years from the commencement of the same; and upon
a failure to do so, this charter shall be forfeited. J
6 10 The said corporation is hereby authorized to lal
cate and construct said plank or turnpike road and branch|
over anv lands owned by this state or by individuals on tif
r Se oTsaid road. Said company shall pay all damages
that may arise or accrue to any person or persons by men
of takincr th.eir lands, timber, rock, stone or gravel foi the
use of s"aid road; and when the same cannot be obtamed
Time ot construe
lion.
by consent of owners upon reasonable terms, it shall (be]
estimated and recovered in the manner provided by law
for the recovery of damages happening by the laying out
of highways.
§ 11. The county court of Randolph county may, by use <
an order entered on record, authorize said company to use ""*''*"
for the construction of said phmk or turnpike road any of
the public highways of said county.
§ 12. This act to take elfect trom and after its passage,.
Approved February 11, 1853.
AN ACT to incorporate the Waukegan and Antioch Plank Road Company. ^'^ ^"^ZoL"^'" '""
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly, That such
persons as shall become stockholders agreeably to the
provisions of this act in the corporation hereby created,
shall be a body corporate and politic, by the name and
style of "TheWaukegan, Antioch and Beloit Plank Road^'"^"' """ '^'^"'^
Company," and by that name shall have perpetual suc-
cession, and by that name may sue and be sued, plead and
be impleaded, answer and be answered, in all courts of
law and equity; may have and use a common seal and alter ^*"'^''^' p''^'^^-
the same at pleasure ; may make rules, regulations and by-
laws for the management of their property, regulation of
their affairs, and transfer of their stock, not inconsistent
with t!ie laws and constitution of the United States and
the laws and constitution of this state.
§ 2. Said corporation shall have power to construct, i'«>wor tr. <;;a-
maintain and continue a plank road of such width as may
be deemed advisable by the directors of said company,
from the city of Waukegan, in the county of Lake, to the
town of Antioch, in said county.
§ 3. The capital stock of said company shall be seventy- ^'■'""'■"'"^"'
five thousand dollars, which shall be considered personal
property and be divided into fifteen hundred shares of fifty
dollars.
§ 4. That David Corey, Daniel O. Dicken=?on, Elrasley f''"""'^"''»^'-«-
Sunderlin, Reuben D. Dodge, Parnell Munson, John Theyer,
John H. Elliott, Harrison P. Nelson, E. S. Ingalls and
Clark W. Upton, or a majority of them, shall be commis-
sioners for receiving subscriptions to the capital stock of
said campany, shall require at least two per cent, upon
the amount of subscriptions to be paid down at th(i time of
subscri!)ing.
§ 5. The affairs of said company shall be managed hy "^^%.:;"'^«'- «^
five directors, three of whom shall form a quorum for the
1853. 164
transaction of business. But said company may at any
time hereafter increase the number of its directors to nine
by a vote to that effect by a majority of its stockholders.
As soon as t'le sum of five tiiousand dollars shall be sub-
scribed to the capital stock of said company the commis-
sioners named in this act shall close the books and call a
mt'ctii q; of tlie stockholders, at some convenient place ia
Wauke'gan aforesaid, for the purpose of selecting directors,
notice of v/hich said meeting shall be given by publication
Miction of di-in one or more newspapers published in Waukegan, at
r«.Mor«. j^^^^ ^^^.^ vvecks previous to tlie time of holding thereof.
The said directors shall hold their office for the term of
one year and until their successors are elected and quali-
vuUns. fled; the stockholders may vote personally or by proxy in
writing, and shall be entitled to one vote for each share of
Einetion. stock lieid by them. All subsequent elections after the
first sliall be held at such time and place as may be fixed
by the by-laws of said corporation.
open books for § 6. It shall be the duty of the said commissioners, or
EubscriDtion. ^ majority of them named in this act, within one year after
the same takes effect, to open books at Waukegan afore-
said, for the purpose of receiving subscriptions to the
capital stock of said company, and notice of the time and
place when and where said books will be opened shall be
given by said commissioners, by publishing the same in at
least one newspaper published at Waukegan aforesaid, for
the period of at least two weeks previous thereto.
o.n.missunersto § 7. Upou the clcction of dircctors, and the organiza-
book" &c?rto tion of the board, said commissioners shall deliver over to
dumors. g^j^ board of directors all moneys received by them on
subscription to said capital stock, togethei with all sub-
scription books and other property and papers pertaining ;
to the business of said company which may be in their
hands.
Const! u'-uon. § 8. Tlic Said corporatiou is hereby authorized as soon
as the board of directors are clsosen to commence the
construction of said road, and as soon as any five miles :
Toii-Kiuc^. thereof shall be completed may erect toll-gates thereon
and collect tlie toll allowed by this act. Said company shall
teop rodci in re- ^ecp Said road in repair; and said corporation shall have
^"'" the power to construct bridges and causeways oyer any
streams or sloughs any where upon the route of said road,
that they may deem necessary. Said company shall have
Power to borrow power to borrow any amount of money deemed necessary
moncv. j ^jjg board of directors to aid in the construction of said
Rati ..f interest, road, at a rate of interest not to exceed ten per cent., and
to secure the payment of said loan by the mortgage or
pledge of the road and franchises and all property owned.
by said corporation, but the amount of money so bor-|
icce t<ia-
structiiui.
165 1853.
rowed by said company shall not exceed tlie capital stock
of said comi)ai)y,
§ 9. Said coiapany is hereby authorized to locate and Right or way
construct said plank road on aoy lands owned by lliis state
or by individuals on the route ot said plank road ; and !br
the pui'pose of constructing their said road, said conipaiiy
is authoiizfcd to take the timber, stone, gravel or land of
any person or persons for the use of said road, by paying
to the owner or owners thereof all damages wliich siiall namags,
arise or accrue b}' reason of said comjiany taking the same, ''""*'
whicli said damages shall be settled and agreed upon be-
tween said company and the o^vner or owners of said land,
gravel, stone or timber, whenever tlie same can be so
agreed upon; but in cases where said damages cannot be
agreed upon between the ])arties, the same shall be esti-
mated, settled and obtained by proceeding under the pro-
visions of an act entitled "An act to amend the law con-
deniiiing the right of way for 'purposes of internal improve-
ments," approved June 22, 1852.
§ 10. Said company shall commence the construction commo
of said plank road within tiiree years from the time this act
takes etfect, and shall complete the same to Antioch afore-
said within three years thereafter.
§ 11. The said corporation shall liave the right to use power to nsv
the whole width or any portion of any state or county road I'J'^^ "'" '=°™'-''
on the line of said plank road, hv the purpose of construct-
ing the same, by agreement with the board of supervisors
of any county through which said plank road may pass ; and
all persons residing on the line of any state or county road
thus taken by said company, shall have the privilege of do-
ing their higliway work on said plank road, and tiie labor
so done shall apply, so far as the same will go, in commu-
tation of tolls for the use of said plank road.
§ 12, Siiid corporation shall commence the construe- Point of itm-
tion of their said plank road at said city of Waiikcgan, and '^"'^'^-^'""•
shall extend the same, as rapidly as their means wiii admit,
to the town of Antioch aforesaid, and said company shall
jhave power to extend their said plank road, whenever power to »xienA.
{the board of directors may think it expedient, from said
I town of Antioch, by way of Englisli Prairie, in iMcflenry
i county, to the state line, at or near the town of Beloit, in
J the state of Wisconsin, for such portion of said distance as
ithe board of directors shall think proper.
Ij § 13. Said company shall have pov^er to fix and regu--,-oiia.
I late the rate of tolls to he cliarged and collected for })ass-
l ing on said road, and to fix and determine the number of
J toll-gates on said road ; and it shall be lawful for any toll-
j gatherer to detain any ))erson, team or animal passing on
said road until the toll properly chargeable for such j)erson,
steam or animal shall be paid 3 and any person who shall
1853. 166
use said p]ank road and refuse to pay the toll thereon, or
wlio shall avoid or go around any loil-gate erected liiei'eon,
sliall forfeit and pay to said company the sum of ten dollars
for each and every ofFenee, to he sued for and collected in
the name of said company, before any justice of the peace
of the proper county; but the rates of toll fixed by said
company shulJ, in no case, exceed the rates fixed by the
26th section of an act entitled "An act to provide for the
construction of plank roads by general law," approved
February 12tii, 1849.
r,Uy of -wav.kc- ^ l4. Said city of ¥/aukegan is hereby autliorized to
Hf"-,ii)'scri!'e^tu subscribe to the capital stock of said-company an amount
v-apitai'stoc*. j^Q|. exceeding twenty-five thousand dollars, and for the pur-
pose of paying said subscription said eit} is hereby author-
ized to issue its bonds for such amount as may be neces-
sar}', which said bonds shall draw interest at a rate not to
exceed ten per cent., and shall be payable at such time as
the city autliorities may deem pro])er, not to exceed twenty
years from the date tliereof ; and it siiall be lawful foi- the
authorities of said city to provide lor the payment of the
interest and principal of said bonds by levying a special tax,
if the same sliall be deeir.fd expedient.
§ 15. This act shall be deemed and taken to be a public
act, and as such sliall be liberally construed in all courts
and places whatsoever. This act shall take efleet and be
in force from and after its passage.
Approved February 12, 1853.
jQj AN ACT to incorporate the Galena and Mineral Paint Plank Road Cora-
pany.
Whereas certain parties, acting under and by virtue of an
act of the legislature of this state, ap[)roved February
12, 1849, entitled "An act for the construction of plank
roads by a general law," and of the subsequent act of the
said legislature amendatory of the said act of February
12th, 1849, did form and constitute themselves into an
association for the j)ui'pose of building and constructing
a plank road from Franklin street, in the city of CJalena,
to the north boundary line of the state of Illinois, at or
near where the Mineral Point road crosses the same, and
to pass through township number tv> enty-eight and
twenty-nine, in range one west of the fourth principal
meridian ; and whereas the said association consists of
the f ;lov iig named persons, to wit: N. Corwith& Co., '
Thomas II. Bebee & Co., A. C. Davis, Nicholas Dow-
ling, B. H. Campbell & Co., E. A. Collins & Co., C. S.
167 1863.
Hempstead, W. B. Green, H. H. Houghton, Wood,
House & Co., Edward Hempstead, Jno. Loiine, E. H.
& H. P. Carwitit, D. A. Barrows, Michael Nolan, H.
Newhall, H. Robbin, Otee Welch, John Carver, L. S.
Felt & Co., Geo. W. Campbell & Co., H. F. Mc-.Closky,
Jamt'S Carter & Co., E. Gorham, James Temple, L.
Htistead, H. V. W. Brown, Charles R. Bennett, E. B.
Washburne, Van H. Higgins, S. S. Brown,W. & J. M. Ry-
on, Samuel Cartin, John Adams, Patrick Cushiug, Isaac
Armitao-e, John E. SiniLh, Joshua Brooks, Kingel &
Ferdinand, G. W. Fuller, J. A. Packard, C. R. Per-
kins, Philip Bryne ; which said persons have formed
themselves into a company under the name and style ot'
"Tiic Galena and Mineral Point Plank Road Company,"
for the purpose of building.the plank road above descri-
bed : and whereas the said associates are desirous of fur-
nisiiing and completing the said road, and for the purpose
of enabling them so to do,
Section- 1. Be it enacted hij the people of ike state of
I/li)iui<:, represented in ilie General ^'issembftj. That the iramc and suie.
said parties above named, and their assigns and annual rep-
resentatives, sliali be, and for the term of fifty years from
and after the passage of this act shall continue to be a body
politic and corporate, by the name of "The Galena and Min-
eral Point Plank Road Company," and by that name shall
have succession for term of years above specilied ; may (jfmrairov^rn-
contract and be contracted with, sue and be sued, com-
plain and defend, in any court of law and equity; may make
and use a common seal, may make by-laws, rules and reg-
ulations for the management of its property, the regula-
tion of its aftdirs, the appointment and number of its oliicers
and ao-ents, the negotiation and execution of its contracts
and for the transfer of its stocks, not inconsistent with the
laws of this state or the United Stales; may take and re-
ceive conveyances of real estate, and hold and grant and
convey the same at pleasure.
§ 2. That the said association, formed under the gener- power to r-.->r-
al plank road law as aforesaid for the ])urj>ose of building
the plank road as aforesaid, its membeis and oiticers, may
convey, transfer and set over to the said corporation here-
by created the said plank road and the land over which
the same passes, and ail lands and fences, rights, benefita
and privileges, interests and contracts belonging to said
association or held for their use and benefit, whether de-
rived under and by virtue of any agreement or license with
the county court of Jo Daviess county or otherwise. Where-
fore the said incorporation hereby created shall have, hold,
own ami contract, tor the sole use of said incorporation, all
and singular the said road, land, premises, rights, benefits,
interest, privileges and contracts, and may claim, hold and
1853. 168
maintain the same in its own right; and may cstablisli toll-
gates and collect tolls on the said road, and shall have the
benefit of the provision herein contained for the mainte-
nance and protection thereof.
'ai<.frt. § ^' '^^'*^ capital stock of the said company sliall be twen-
ty thousand dollars, and shall be divided into shares of
twenty- five dollars eacli, and the said capital stock may
hereai'ter be increased at the option of said company.
u'oiKMit of § '^- The affairs of said corporation shall be managed by
i"-- a boai'd of not less than three nor more than seven direc-
tors, to be ciiosen annually by the stockholders. Said
stockholders sliaii be entitled to vote at all elections and
upon all questions in meetings of the stockholders, one vote
for each siiare of stock upon wiiich all assessments due have
;>ii:!ni(iit of been paid. The directors shall appoint iheir own j)iesi-
dent and other officers, and provide lor the time, ])lace and
mode of elections, and give due notice thereof. The pres-
ctors. ent board of directors of said association, namely, Alexan-
der C. Davis, Henry Corwith, Eiihn B. VVashburne, Dan-
iel A. Barrows, Horatio Newhall, William B. Green and
Thomas H. Bebee, shall be the boaid of directc rs of said
iucnrporation until the stockholders can elect a board of
directors under this act.
0 0, onvcy- § 5. As soou as the said association, formed as afore-
• said under the act for constructing piank roads by a gen-
eral law aforesaid, its meinbers and officers, have convey-
ed, transferred and set over to said incorporation all and
singular the proiierty, rights and interests of the said com-
pany, the said directors shall proceed to open tiie b; oks
of the said corporation hereby ereated, wherein they shall
assign, over their respective signatures, the stock of the
said association as subscribed for by the mtmbeis thereof,
to the several members of the said corporation hereby cre-
ated, or their assign?, in exact proportion to their resj)ect-
ive shares and interest in said road at the time of making
su.ch assignment, and s'nall issue certificates of stock there-
for, s:gneii by the president and secretary. The said stock
shall be transferable only on the books of the incoi pora-
tion aforesaid. As soon after the stock of said association
shall have been assigned to tiie said corporation hereby
created, an 1 certificates issued therefrom, the^stockholders
may proceed to hold their first armual meeting for directors
in the corporation hereby created.
§ 6. The said com[)any is authorized and shall have
power to erect and maintain such toll houses, toll-gates
and other buildings for the accommodation and manage-
ment of tiie said road and the travel, and transfer them as
the said company may deem suitable to its inttrests, and
may demand, collect and )ecei\e of and from any and ev-
er> person u.-ing said road, or so much thereof as may be
169 1853.
coin])]cted, toll, to be regulated by tlie directors of the said
company, but not to exceed the t'ollovving rates per mile :
for every man and liorse, one cent })cr mile ; for every car- Ratcoitou.
riage or wagon drawn by one horse or otlier animal., two
cents and a half per mile; for every carriage or wagon
drawn by two horses or otiier animals, three cents per
mile; for every carriage or wagon drawn by four horses,
four cents per mile ; for each additior.al pair of horses or
other animals, one cent per mile ; for horses cr mules in
droves, one half cent per mile per head ; for cattle in dioves,
one hah" cent per mile per head ; for hogs, goats or sheep,
two mills per head per mile.
§ 7. If any person or ])ersons shall wilfully cut down. Penalties,
break or deface or injure any mile post or posts on said load,
or shall cut, throw or break down or injure at^y gate cr fence
erected on said road, or tear up, displace, break or injure in
any way the said road, or any thing thereunto belonging, he
shall fuifeit and pay to the said company three tines the
amount of damage by him actually done ; and in every in-
stance he shall forfeit and pay at least the sum of twenty-five
dollars; and if any person, to avoid the tolls chargeable on the
said road, shall turn ofTsaid road and pass any gate on the said
road and again enter upon the said road, lie shall forfeit
and pay to the said company the sum of tesi dollars; and if
any pi rson shall forcibly pass either of the toll-gates on said
road v.-ithout having paid the legal tolls, he shall forfeit and
pay to the company for every such offence the sun; of twen-
ty-iive eollars ; and if any team or teams that may travel
on said road otherwise than to cross the same at the regu-
lar laid outs, when the terminus of the journey of any
such teams shall be on ditTerent sides of any toll-gates and
shall not pay the regular toll for the use of said road so
traveled upon, or if they shall leave the road without pay-
ing the toil, whether formally demanded or not, such team
or teams, owner or owners, shall forfeit and ])ay to the said
company the sum of tweuty-fire dollars. All penalties and
forlVitures incurred under this act maybe reco\ered by an
action of debt in any court having cognizance thereof; and
where the penalty or forfeiture does not exceed one hun-
dred dollars, the same may be prosecuted and reco\-ered
before a justice of the peace where the offender or oflt'cnd-
er;5 may be found.
0 y. Tiie said company is hereby authorized to change nigbtoj vw
it.-i location, and to locate and construct said plank road
over any lands owned by individuals on the route of said
road. Said comjiany shall pay all damages that may arise
or accrue to any person or persons by means of taking ^leir
lands, timber, rocks, stone or gravel for the use of the said
road ; and when the same cannot be obtained by consent
af owners upon reasonable terms, it shall be estimated and
1853. 170
recorded in the manner provided by law for the recovery
of damages haj)pening by the laying out of highways.
§ 9. This act is declared a public act, and shall take
effect from its passage.
Approved February 10, 1853.
Id force .Tan. 20, AN ACT lo incorporate the Bloomingfon and Wabash Valley Railroad Com-
1863. pany.
Section 1. Be it enacted by the people of the state of
Corporators. Illinois^ represented in the General Jlssemblij^ That David
Davis, John Moore, Isaac Funk, John E. JMcClun, James
Miller,Jesse W. Fell,Asahel Gridley, Ker.sey H. Fell, Ed-
ward li. Didiake, Richard O. Warriner, James H. Robinson,
Jacob Ten Eycke, William M. Bruner, Oliver H. Lee, Al-
len Withers, John W. Ewing, William F. Flagg, William
H. Temple, William H. Holmes, William S. Major and
their associates, successors and assigns, are hereby crea-
ted a body corporate and politic, under the name and style
of "The Bloomington and Wabash Valley Railroad Com-
N«,me and style, p^^y," with perpetual succcssion; and by that name be
uauerai powers, and they are liereby made capable in law and equity to sue
and be sued, plead and be impleaded, defend and be de-
fended, in any court of law an<l equity in this state or any
otlier place ; to make, have and use a common seal, and
the same to renew and alter at pleasure; and sliall be and
are hereby vested with all the powers, privileges and im-
munities which are or may be necessary to carry into ef-
fect the purposes and objects of this act as hereinafter set
forth ; and the said comj)any are hereby authorized and
empowered to locate, construct and finally complete a rail-
road fronv the city of Bloomington, in McLean county, Illi-
nois, eastwardly to the Indiana state line, to a i)oint which
shall be not more than twenty miles either north or south
of a due east and west line that would run through Lafay-
ette, Indiana ; and for this purpose said company are au-
thorized, upon the most eligible and direct route, to lay
out their said railroad, not exceeding one huridred feet in
widtli through the whole length; and for the purjiose of
cuttings, embankments, stone and gravel, may take as
much more land as may be necessary for the })roper con-
sti'uction of and security of said railroad.
§ 2. The capital stock of said company shall consist
(papitai Btock. of one million of dollars, and may be increased to two mil-
lions of dollars, to be divided into shares of one iiundred
dollars each. The immeuiate government and direction
171 1853.
of said company shall be vested in seven directors, who Govcmment of
shall be chosen by the stockholders of said company in the
manner liereinafter provided, who shall hold their clhces
one year after their election, and until others shall be duly
elected and qualified to t::ke their places as directors, and
the said directors, a majority of whom shall forma quo-
rum for the transaction of business, shall elect one of their
number to be the president of the company; that said board
of directors shall have power to appoint all necessary
clerks, secretary and other officers necessary in the trans-
action of business of said company.
§ 3. The said corporation is hereby avithorized, by their surveys.
agents, surveyors or engineers, to cause such examination
and surveys to be made of the ground and country be-
tween the said, city of Bloomington and the said west line
of the state of Indiana, as shall be necessary to determine
the most advantageous route for the proper line or course
whereon to construct their said railroad : and it shall be
lawful for said company to enter upon and take possession Righto? way.
of and use all such lands and real estate as may be neces-
sary for the construction and maintenance of tlieir said
railroad, its depots, side tracks, water stations, engine
houses, machine shops and other buildings and appendages
necessary to the construction and working of said road :
Provided, that all lands or real estate entered upon and
taken possession of, and used by said corporation for the
purposes and accommodation of said railroad, or upon
which the site for said railroad shall have been located or
determined by the said cor[)oration, shall be paid for by Pnymcnt of dam-
said company in damages, if any be sustained by the owner
or owners thereof, by the use of the same fortlie purposes
of said railroad; and all lands entered upon and taken for
the use of said corporation, which are not donated to said
company, shall be paid for by said corporation at such price
as may be mutually agreed upon by the said corporation
and the owner or owners of such land, and in case ol dis-
agreement the price shall be estimated, fixed and recov-
ered in the manner provided for taking lands lor the con-
struction of ])ublic roads, canals or other public works,
as prescribed by the act concerning "right of way," ap-
proved March 3, 1845.
5 4. If any persoTi shall wilfully, maliciously or wan- Penalty for <«v
tonly, and contrary to law, obstruct the passage ot any car
on said railroad, or any part thereof, or any tiling belong-
ing thereto, or shall damage, break or destroy any part of
the said railroad or implements or buildings, he, she or they,
or any person assistinc:, shall forfeit and pay to said com-
pany for every such (^icMice treble the amount of damages
that sliall be ])roved iefore any competent court siiall have
been sustained, and be sued for in the name and behalf of
1853 172
said company ; and such offender or offenders shall be deem-
ed guilty ol a misdemeanor, and shall be liable to an indict-
ment in the same manner as other indictinenls are lound
in any county or counties where sucii offence shall have
been committed ; and upon conviction, every such cffrnder
shall be liable to a fine not exceeding five thousand dollars
for the use of the count}'' where such indictment may
be found, and maybe imprisoned in the county jail for
any time not exceeding six months, at the discretion of the
court.
§ 5. Tlie time of holding the annual meeting of said
company for the election of directors shall be fixed and de-
termined by the by-laws of said company.; and at all meet-
ing.i such stockholaers shall be entitled to a vote in ])erson
or lawful proxy, one vote for each share of stock he, she
or they may lioid boiiajidc in said company upon which all
instaliuents called have been paid.
$ 6. The persons named in the first section of liiis act
ni?liIoncrs. ^ii ^-.i •• i • -i e
are hereby appointed commissioners, who, or a maj. rityoi
whom, alter a meeting duly called by thirty days' iiolice in
newspapers published in Bloomington, i^afayette and Cov-
iibooka, ington, are hereby authorized to open subscription books
for said stock at such places as they may deem proper, and
shall keep said books open until five hundred thousand dol-
lais of said capital stock shall be taken. Said commission-
ers shall require each subscriber to j)ay five dollars on each
share subscribed at the time of subscribing. Tiie said com-
missioners shall immediately thereafter call a meeting of
the stockholders by giving thirty days' notice in some news-
paper printed in ihe county of McLean, and at such meet-
ing it shall be lawful to elect the directors of said compa-
ny ; and when the directors of said company aie chosen,
the said commissioners shall deliver said subscription books,
with all sums of money received by them as commission-
ers, to said directors. No j^erson shall be a director in
said company unless he shall own at least ten shares of the
capital stock.
§ 7. That the riglit of way and tlie real estate ]Mircha-
sed for the right of way by said company, whether by mu-
tual agreement or otherwise, or which shall become the
property of the company by operation of law, as in this act
provided, shall, Uj)on the payment of the amount of money
belonging to the owner or owners of said land, as a com-
pensation for the same, become the property of said com-
pany in fee simple.
§ 8. Tlie said corporation may take and transport up-
on said railroad any person or persons, or merchandise or
other property, by the force and power of steam or animals,
or any combination of tiiem ; and may fix, establish, take
and receive such rates of toll for all passengers and prop-
173 1853.
erty transported upon the same as the said directors sliall
from time to time establish. And the directors sue hereby
authorized and empowered to make all necessary rules, By.u,w8»
by-laws, regulations and ordinances that tluy may deem
necessary and exj)edient to accomplish the desitnis and
purposes and to carry into effect the provisions ot iiiis act,
and for the transier and assignment of the stock, which is
hereby declared personal pr()j)eriy, and transferable in such
manner as shall be provided by the by-laws and ordinances
of said company.
§ 9. The directors of said company, after the same isopcnbooks-
organized, shall have power to open books in the manner
prescribed in the sixth section of this act to fill up the ad-
ditional capital stock, or any [)art thereof, at such times as
they may deem it for the interest of said company. And
all the instalments required to be paid on tlie slock o:igi-
nally to be taken, and what may be taken to increase said
capital, shall be paid at s;ich times and in such sums as
said directors may prescribe.
§ 10. In case of the death, resignation or removal of vacancsos flue<i.
the president, vice president or any director at any time
between the annual elections, such vacancy may be filled
for the remainder of tlie year, whenever they may happen, by
the board of directors; and in case of absence of the ])resident
and vice president, the board of directors shall have power
to appoint a president^??-^ tempore^ who shall have and ex-
ercise such powers and functions as the by-laws of the said
corporation may provide. In case it should at any time
happen that an election shall not be made on any day on
which, in pursuance of this act, it ought to be made, the
said corporation shall not, for that cause, be deemed dis-
solved, but such election shall be held at any other time
directed by the b3-laws of said corporation.
§ 11. Tliat when the lands of any/ewme cot'cr/, persons Damapofl t« in-
under age, non ccmpos mentis or out of this stale shall be **'^'^'*"''
taken in this construction of said railroad as is provided by
this act, the said corporation shall pay the amount that
shall be awarded as due to the last mentioned owners re-
spectively whenever the same shall be lawfully demanded,
together with six per cent, per annum ; that to ascer-
tain the amount to be paid to persons named in this sec-
tion for lands taken for the use of said corporation, it
shall be the duty of the governor of this state, upon no-
tice given to him by tl)e said corporation, to appoint three
commissioners, to be persons not interested in the matter
to be determined by them, to determine the damages which
the owner or owners of the land or real estate so entered
upon by the said corporation has or have sustained by the
occupation of the same; and it shall be the duty of said
commissioners, or a majority of them, to deliver to
' said corporation a written statement of the award or
awards they shall make, with a description of the land
or real estate appraised, to be recorded by the said corpo-
ration in the clerk's office in the county in which the land
or real estate so appraised shall be ; and then the said cor-
poration shall be deemed to be seized and possessed of the
fee simple of all such lands or real estate as shall have been
appraised by the said commissioners.
k 12 Whenever it shall be necessary for the construc-
tion of said railroad to intersect or cross a track of any
other railroad, or any stream of water or water course, or
road orhicThway,on the route of said road, it shall oe law-
ful for the company to construct their railroad across or
upon the same : Provided, that the said company shall re-
store the railroad, stream of water, water course, road or
hi-hway thus intersected or crossed to its former state, ox
in° uffic'ient manner not materially to impair its usefulness.
nn,on With other 5 13. Said Company shall have the power to unite
'^- its railroad with any other railroad now constructed, or
which may hereafter be constructed within this state or
the state of Indiana, upon such terms as may be mutually
ao-reed upon between the companies so connectirg; and
fo^r that purpose full power is hereby given to said compa-
nv to make and execute such contracts with any other
company as will secure the objects of such connection:
Provided, that the Central Railroad shall not run upon the
line or track of the road constructed by the company hereby
incorporated except at points of crossing or intersecting
the same. , , . i /. x- *
oney. ^ 14. Said compauy is 4iereby authorized from time to
time to borrow such sum or sums of money as_ may be ne-
cessary for completing and furnishing or operating their said
railroad, and to issue and dispose of their bonds in denom-
inations of not less than five hundred dollars, bearing a rate of
interest not exceeding seven per centum per annum, for
any amount so borrowed, and to mortgage the corporate
property and franchises, or convey the same by deed o
trust to secure the payment of any debt contracted by said
company for tb.e purposes aforesaid ; and the directors o
said company may confer on any bono-holder of any bond
issued for money borrowed as aforesaid the right to con-
vert the principal due or owing thereon into stock of said
company, at any time not exceeding ten years from the date
of the bond, under such regulations as the directors of said
company may see fit to adopt; and all sales ot such bonds
that may be made at less than their par value shall be good
and valid and binding upon said corporation as it such bonds
had been sold for the full amount thereof.
§ 15. The width of said railroad is to be determined
by the said corporation within the limits prescribed by the
first section of this act.
§ 16. This act shall be in force from and after its pas- rime of
sage, and said company shall commence said work within ^'""'
five years and complete the same within ten years from the
passage of this act: Provided^ that there shall be a simul-
taneous commencement of the woik at each terminus of
said road, and an equal rate of expenditure of money.
Approved January 20, 1853.
AN ACT snpplemontal to an net entitled "An act to incorporate the Galena In force Feb. lo,
and Southern Wisconsin Railroad Company," approved Jan. 26, 1853. 18^3.
Section' 1. Be it enacted hi/ the people of the state of
Illinois, represented in the GeneralJisscvihly, That Daniel
A. Banners, Alexander C Davis, Edward Hempstead, comraisBioners.
Frederick Stahl, James Carter and Henry Corrille shall
be commissioners, until the board of directors are chosen,
for receiving subscriptions to the capital stock of the Ga-
lena and Southern Wisconsin Railroad company; and they
shall cause books of subscription to be opened at such open oooks.
times and places and upon such notice as they may direct;
and as soon as the capital stock of said company, or twenty
thousand dollars thereof, shall be subscribed, said commis-
sioners shall call a meeting of the stockholders of said com-
pany, giving such notice as they may deem proper; and at
such meeting, a majority of the stock being represented, a
board of directors of said company shall be elected, in whom Director* slotted,
shall be vested all the corporate powers and franchises of
said company.
§ 2. This act shall be deemed a public act, and shall
be in force from and after its passage.
Approved February 10, 1853.
AN ACT entitled "An act to change the name and amend the charter of the j^ j^^ee Feb. lo,
Bloomin^ton and Wabash Valley Railroad Company," appro^'ed January is53, * '
twentieth, eighteen hundred and fifty-three.
Section 1. Be it enacted by the j^eople of the state of
Illinois, represented in the General Jisscmbhi, That tlie,,,
c ■\ -1 II 1 1 1 I II Change Of name.
name oi said company !•>; hereby charged and declared hence-
forth to be the " Peoria, Bloomington and Lafayette Rail-
1853. 176
road Company," and by and under that name shall be
hencefortii known and have its corporate existence, and hold
and be possessed of all the rights, powers and pii\ileges
granted to the Blooniington and Wabash Valley Railroad
Company, in ihe original charter of said company, and shall
be and become liable to the duties and obligations of the
said Blooinington and Wabash Valley Railroad Ctjmpany.
'ItH'Ttock' "^''" '^'^^ ^^P'^*^^ ^^'^'^^^ of said company may be increased to
such siiin of money as may be deemed necessary to con-
struct, finish and maintain the railroad in said original
charter mentioned and the extension hereinafter provided
for: f?'-9y/f/ef/, that tlie entire capital stock of said com-
pany shall not exceed three millions and five hundred thou-
sand dollars.
,^ ,^ 52. The said Peoria, Bloominoton and LafayetteRail-
Unlon with othw •' , ^ ■ 1 , 1 • 1 i 1 •
!')s(iB. road Comp-^ny is hereby authorized to extend llieir rail-
road from Bloomington, in the county of McLean, by the
most eligible route, to the city and county of Peoria, and
to unite with any other railroad company, and not west of
Peoria; to grant any such company the right to construct
and use any portion of the road herein or in the said original
charter authorized to be constructed, on such terms as may
be mutually agreed upon between any other such railroad
companies and the said Peoria, Bloomington and Lafayetlo
Railroad Company.
3. The said Peoria, Bloomington and Lafayette Rail-
"the'iiu-road Company is hereby authorized and empowered to
construct, erect and maintain a bridge across and over the
Illinois river, at or near the city of Peoria, for the purpose
of extending the said railroad over and across the said
river, and for that purpose to construct and erect in said
river all the necessary abutments and piers, to keep up
and support the said road and bridge : Provided, that tliere
shall be left and always kept open between two of said
piers a space, embracing the main channel of said river at
the place of crossing, of sufficient width for the passage of
steamboats and other craft navigating said river, with a
draw so constructed as not materially to obstruct the navi-
gation of said river by steamboats and other craft naviga-
ting said river: *,dnd proiyided furiliei\ that said bridge
shall be used only for the business of said railroad ; and tlie
said company shall not be permitted to use the same or at
any time to take or receive any tolls or compensation for
the ordinary travel and passage of teams, persons or pro-
perty over the said bridge.
f^rf. § 4. The following named persons, to wit, Onslow Pe-
ters, Elihu N. Powell, Alfred G. Curtenius, N. B. Curtis,
Peter Sweat, Mark M. Aiken, Joshua P. Ilotchkiss, William
S. Maus, Jacob Gale and Alexander G. Tyng, together
with the persons named and appointed in and by the origi-
i3r6ct a brMge
177 1853.
nal charter aforesaid, be and are hereby created a
body corporate and politic, and the persons herein named,
with those na':.ied in the said original charter, are hereby
appointed commissioners, who, or the major part of whom,
are authorized and empowered to procure and open books (^pon boatw.
for the subscriptions and to procure subscriptions to the
capital stock of the said Peoria, Bloomington and Lafayette
Railroad Company ; and the said commissioners, as thus
appointed, shall have the same powers, perform the same
duties and adopt the same proceedings for the purpose of
obtaining subscriptions to the capital stock of said compa-
ny and to organize the said company, as is provided in the
said original charter.
^ 5. When said company shall be duly organized in corifinKtiou
conformiiy to the provisions of tb.is act, and of the original """"
charter aforesaid, the construction of said road shall be
commenced and prosecuted at or near Peoria, and thence
towards Bloomington and at Bloomington, and thence tow-
ards Peoria, till the same shall be completed between those
two cities : Pruvided, that nothing herein or in the said ori-
ginal charter contained shall prevent the said company from
putting under contract and constructing at any time any
part of tiie said road, or any portion of the route between
said Peoria and Bloomington.
§ 6. This act to take effect and be in force from and
after its passage.
Approved February 10, 1853,
AN' ACT to chanr^e the name and amend the act entitled ''An act to incor- inf,jrce i>;i. Ifl.
porate the Southern Illinois Railroad Company," approved June 23d, 1852. i853.
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assemhhi^ That the cusngy of nftmf.
name of the corporation created by the act entitled " An "'■'
act to incorporate the Southern Illinois Railroad Compa-
ny," approved June 23d, 1852, shall be and the same is here-
by changed to that of "The Massac and Sangamon Railroad
Company," by which last name the said corporation shall
hereafter exist and be known in law-
§ 2. The said corporation shall be authorized to change ctiain{«r«>t«.
the line or route of the road authorized to be constructed
and operated by said act, so that the same shall commence
at Metropolis, running thence, by the way of Vienna ;
thence, by way of Marion, Benton, Mount Vernon, Salem,
and Vandalia, to Springfield, in the county of Sangamon ;
and the capital stock of said corporation may be increased
by order of the directors, or by vote of the stockholders,
[M]
1853. 1"8
to three millions of dollars, with such addition thereto as
may be necessary to execute the provisions hereof.
6 3. The said corporation, acting under the law in re-
lation to the right of way, shall be and is hereby authori-
zed to take for their said road a strip of land along the
line or route thereof, not exceeding one hundred and fifty
feet in breadth.
§ 4- The several counties, cities and tov.ns through or
'oouiiuJ-Tro^ub- near which said road passes, may subscribe for and take
.cribe.tock.a ^^^^^ .^ ^j^^ corporation : Provided, that no such subscrip-
tion shall be made unless the majority of the legal voters
of the county, city or town shall vote for the same at elec-
tions to be held under orders of the county court, in cases
of counties, and of the corporate authorities of cities and
towns.
^ 5. The said Massac and Sangamon Railroad Lompa-
Bunow iDou.y. ^^^ ^^^ hereby authorized to borrow money, from time to
time, on the credit of said company, at any rate of inter-
est per annum to be agreed upon between the parties, for
the sole purpose of constructing said road and furnishing
the same with cars, locomotives, and other machinery ne-
cessary to carry on the operations of said company, and
may issue its corporate bonds therefor, and to secure the
repayment thereof, with the interest which accrues, may
M.ri^ascr.a.j. mortgage the road, income, and oth.er property of said com-
pany%nd they may, by their president, or other officers or
agents, sell, dispose of, negotiate such bonds or stocks of
said company at such times and such places, either within or
without this state, and at such rates, and for such prices, as
in their opinions will best advance the interest of said com-
pany, and if such bonds or stocks are thus sold at a discount,
such sale shall be as valid and binding in every respect as
if sold at par value ; and the said company are hereby au-
thorized to confer upon the holder of any bond issued as
aforesaid the right to convert the princii)al thereof, at any
time unpftid, into the stock of the company.
§ 6. The time for commencing the construction of said
c-usiracuon. y^^j gj^,^l^ l^p extended to five years from the passage of
this act, and for the completion thereof ten years.
This act shall take elFect on its passage.
Approved February 10, 1853.
Fob. n, AN A€T to incorporate a company to construct a plank road from the city
63. of pekin to the east line of Tazewell comity.
Section 1. Be ii enacted by the people of the state
of llUnois, represented in the General */hscmbh/, That
all such persons as shall become stockholders agreeably to
179 1853.
the provisions of this act, in the corporation hereby crea-
ted, shall be, and for the term of thirty years from and after
the passage of this act shall continue to be, a body politic
and corporate, under the name and style of the "Pekiu Plank ;Name and Ktyv.
Road Company," and by that name shall have succession
for the term of thirty years, may sue and be sued, plead
and be impleaded, answer and be answered unto, in any Genera! !«««>:.■.•.
court of law or equity; may make and use a common seal,
alter the same at pleasure, make by-laws, rules and regu-
lations for the management of their property, the regula-
tion of their affairs, and for the transfer of their stocks, not
inconsistent with the [laws] of this state and the United
States.
§ 2. Said incorporation shall have power to construct, Power f.. w:.
maintain and continue a plank road of such width as they ^"""'
may deem advisable by the directors of said corporation,
from the said city of Pekin to such point on the east line of
Tazewell county as they may deem advisable for the best
interests of said company.
§ 3. The capital stock of said company may be seven- capital stodc
ty-five thousand dollars, which shall be considered personal
property, and divided into shares of fifty dollars each.
§ 4. Thomas N. Gill, Richard T. Gill, George Miller, coramis!.)on«s.
Elisha Burton, James Harriott, Peter Weyrich and Jacob
Clauser, and such others as they may deem proper to add
to their number, shall be commissioners for receiving sub-
scriptions to the stock of said company when and where
and after such notice as they or a majority of tliem may
agree. They may require security for the payment of sub-
scriptions thereto, and partial payments thereof, from time
to time, as they may deem necessary, before the stock shall
all be taken.
§ 5, The affairs of said company shall be managed by M„„agenieot c^
five directors, three of whom shall be a quorum and per- affairs.
form the business of said company, who shall be chosen as
soon as six thousand dollars shall be subscribed to tlie
stock of said company. Directors shall continue in office
for one year, and until their successors are elected and
qualified. They shall be chosen by the stockholders, each
of whom shall have one vote for each share of stock he may
own — the vote to be given either in person or by proxy.
Elections of directors shall be held at time and place
appointed by commissioners, and all subsequent elections
may be held and regulated according to the by-laws of the
company.
§ 6. Upon the election of directors and organization
of their board, the said commissioners shall deliver to said
directors all moneys received by them on .subscriptions to
•■tocks, and books of subscriptions and other property of
the company.
1853. 180
5i 7. The said corporation is authorized, as soon as the
board of directors are elected, to commence the construc-
tion of said road ; and as soon as any three miles thereof
shall be completed, they may erect toll-gates thereon, and
collect the tolls allo^^'ed by this act. Said company shall
keep the road in re])air, and said company shall have pow-
er to construct bridges and causeways over any sloughs or
streams any where upon the route of said road they may
deem necessary ; and said company shall have power to
Borrow moner- borrow not exceeding filty thousand dollars to aid in con-
structing said [road,] by issuing the bonds of the company,
made payable any vrhere within the United States, and at
any period within the limits of their charter that they may
think conducive to the interests of the company.
T«n« ^ 8. The said corporation shall have power to fix and
regulate the tolls to be charged on said road ; Provided^ said
tolls shall not exceed the following rates : for every vehi-
cle drawn by one animal, two cents per mile; for every
vehicle drawn by two animals, three cents per mile ; for
each additional animal more than two, one-half cent per
mile ; for every horse and rider, or led horse, one cent per
mile ; for every ten head of neat cattle, one cent per mile;
for every ten head of sheep or hogs, one cent per mile ;
and it shall be lawful for any toll-gatherer to stop and detain
any person going on said road until the tolls properly
chargeable shall be paid ; and any person who shall use
said road and refuse to pay such toll, shall forfeit and pay
for such refusal the sum of three dollars, to be collected
by said corporation by action of debt before any justice of
the peace of the proper county.
n.r,-.cfa>t.struc- § ^' ^lic Said corporation shall be allowed two years
*>"'• to commence, and ton years to complete the construction
of the road from the passage of this act, and upon a failure
to do so this charter to be forfeited.
Rigi.tafw.y. § 10- The snid corporation is hereby authorized to con-
struct said plank road over any lands owned by this state
or by individuals on the route of said road ; and they shall
have power to use twenty feet in widtii of any county or
state road over which they may pass, and grade and plank,
keep in repair and control the same, and use any bridge or
bridges belonging to tiie county, but may not collect tolls
for crossing the same. Said company shall pay all dama-
ges that may arise or accrue to any person or persons by
means of taking their lands, timber, rock, stone, gravel
or other materials for the construction of said road ; and
when the same cannot be obtained by consent of the own-
ers upon reasonable terms, it shall be estimated and recov-
ered in the manner provided by law for tlic recovery of
damages happening by the laying out of highways.
181 1853.
§ 11. Said company may make the western terminus of ^'^stom t"!""
said road at the cor[)oration line of the cily of Pe'cin, or at
low water mark on the Illinois river, usinc; any street in the
city of Pekin with the consent of said city of Pekiii.
§ 12. This act to take effect and be in force from and
after its passai^e.
Approved February 12, 1853.
AN ACT to incorporate the Springfield and Richland Plank Road Company, m forco i-ib. n
Section 1. Be it enacted hy the people of (he stale of
Illinois, represented in the General vis.senibly^ Tiiat ail such
persons as shall become stockholders in the corporation
hereby created, and their successors and assigns, siiall be
and are hei-eby constituted a body politic and corporate, to
have perpetual succession and existence, to be known as
*' 1 he Springfield and Ricldand Plank Road Company," Name atwi sivi^
and by tiiat name and style may contract and be contract-
ed with, sue and be sued, plead and be im})leaded, as a
natural person, and shall be so recognized in courts of law Ge°'=™ipo''^«W'
and equity ; may have a common seal, and may alter and
change the same at pleasure ; shall have power in th.eir
corporate name, for the use of said corporation, to pur-
chase and hold such real estate as may be necessary for
the free and full enjoyment of all the privileges herein
granted, for the purpose of constructing a plank road, with
a single or double track, commencing at the western cor-
porate limits of the city of Springfield, and extending ten
miles westward, in the direction of Beardstown; and from
thence to such point as may be designated and agreed up-
on by said company.
§ 2. Said corporation may, by their board of directors, ii^^ii'y- !»«'«•
make all by-laws, rules and regulations necessary for the
management of their property, the regulation of their af-
fairs, and the transfer of their stock, not inconsistent with
the constitution and laws of the United States or of this
state.
§ 3. The capital stock of said ccmpany shall not ex- caiuai Mocb.
ceed thirty thousand dollars, and shall be considered per-
sonal property, except for purposes of revenue, in which
case it shall be deemed as real estate, and taxed i\s such,
and shall be divided into shares of fifty dollars each.
§ 4. That John T. Stuart, William J. Black, James L. c.mniisM.;D.«.
Lamb, John Cook and Abraham Lincoln, or a majority of
them, shall be commissioners for receiving subscriptions
to the stock of said company, when and where and after
such notice as they, or a majority of them, shall agree, and
1853.
I8:i
they may require partial payments thereof, from time to
time, before the subscriptions shall all be taken.
§ 5. Tiie affairs of said company shall be mananred by
„t o. five directors, any three of whom shall be a quorum to do
"S:"""' "and transact the business of said company, wno sha be
chosen as soon as the sum of ten thousand dollars shal be
subscribed of the stock of said company. The directors
shall continue in ofHce on.e year, and until their successors
shall be appointed and qualified ; they shall be chosen by
the stockholders, each of whom may vote personal y or by
proxy, castinc^ as many votes as each may own sl>ares of
stock. The first election of directors shall be held at the
time and place appointed by the commissioners, and all
subsequent elections may be held and regulated accordmg
to the by-laws of the company. ' . . ^
§ 6. Upon the election of directors and organization o
their board, tiie said commissioners shall deliver to said
directors all moneys received by them on subscnptions ot
stock, all stock notes, books of subscription, and all other
property of said company.
iv„.i nn .ates 6 7. The said corporation is authorized, as soon as the
"■' "board of directors are elected and qualified, to commence
the construction of said road, and as soon as any two miles
thereof ^hali be completed may erect toll-gates thereon, and
collect the tolls thereon, at any rate not exceeding three cents
per mile for any vehicle drawn by two horses, and otaer
teams, horses, cattle and other animals in proportion. 1 he
said company may have power lo borrow an amount not ex-
ceedincr three-fourths of the amount of stock subscribed, in
such nfode as they may elect, to aid in the construction of
said road. ^
§ 8. The said company shall be allowed five years trom
the passage of this act to complete the construction of said
road, ancf upon failure to do so this charter is forfeited.
^ 9. Said company may procure, by purchase or gift irom
the owners thereof, any'lands, or the right of way over
any lands, necessary for the construction of said road and
the other purposes of this corporation as herein specified;
and may, also, by the permission and agreement of the
county court of any county through which said road may
pass, use any public highway for the construction of said
road; such agreement with said court shall be in writing,
and shall be filed and recorded in the olfice of the clerk of
said codrt. Before constructing said road said company
shall cause an accurate survey of the same, or such portion
as is proposed to be built, to be made by a i)ractical sur-
veyor or engineer, signed by at least two ot the directors,
acknowledged by them, and filed in the olRce of the clerk
of the couifty court of the county through which said road
may pass.
liorrow tnnncy.
T-iiKc of comiJiC
Ili;!lit or way.
183 1853.
§ 10. The route surveyed as aforesaid shall be the Route sMrvoyea
route of said road unless altered by tiie directors, and inKlaT. ""'■''" *^
that case sucii alteration shall be signed, acknowled<>-ed
and filed as aforesaid, and the said company may tliereup-
on enter upon and talce and hojd, subject to" the j)rovisions
of this act, all sucli lands as the said survey or the altera-'
tions th.ereto shall describe as necessary for the construc-
tion of said road, and may be necessary to carry out the
provisions of tliis act; but before entering upon any such
lauds, the company shall purcliase the same of the owners
thereof, or, pursuant to the provisions of this act, acquire
the rio-ht to enter upon and hold the same.
§ 11. If any owner of any such land shall, from any county ,,.dge tn
cause, be incapable of selling or granting the same, or ii ^^^^'^ •!«'^^"-' -••
said company caimot agree with such owner for the pur-
chase thereof, or if, after diligent enquiry, the name and
residence of such owner cannot be ascert"^ained, or if such
owner be a non-resident of this state, the company may pre-
sent to the count) judge of the county in which the lands
lie or are sit-.iated, a petition setting forth the grounds
of the application, a description of the lands in ques-
tion, and the name and residence of such owner, if known,
and the means that have been taken to ascertain the name
and residence of such owner, if unknown, and praying that
the damages of the owner of the lands described iii said peti-
tion may be ascertained by said court.
§ 12. Upon receiving sucli petition the said judge iTr^arm- of ;v;t(-
shall appoint a time, at some regular or special term of the '^"''"
county court for the county, for the hearing of the petition:
at least ten days' uDtice of the time and place of the hear-
ing of the petition shall be served personally upon each
owner of the lauds described in tlie petition, if he reside
in the county v/here said land is situated, and said notice
sliall be served on all others in like manner or by publica-
tion thereof for four successive weeks in some nev/spaper
published in the county in which the lands lie, or if there
are none published in said county, then in the nearest
newspaper; the first of which publications sliail be at least
sixty d lys before the hearing.
§ 13. At the time appointed for the hearing the coun-
ty court shall, after hearing the evidence offered by tiie
parties, assess and determine the damages whicii the own-
er of any such lands sliall sustain over anJ above the value
the owner will derive from the building of said road. The
assessment of the court, which shall contain the name of
the owner, if known, and an accurate description of the
lands to be taken, shall be entered of record by the clerk
of said court, and such assessment shall be fnial, subject
only to the right of appeal of either party to tiie circuit
lilacs done
1863. 184
court on tlie same terms as is provided by law for appeals
from tiio county court in oilier cases.
,..T,/ pay § 14. Within thirty da^s after tlie assessment of dama-
asioy. ^pg i^y ^|jy county court as aljoresaid, or after the final tri-
al in the appellate court, if an appeal be taken, or at least
before the said company shall take possession of said land,
the said company sliall pay to the person entitled to re-
ceive the same the amount assessed as such damages, or
shall make a legal tender thereof to him; and in case the
owner or person entitled to the san.e is a non-rcsiucnt, or
not a resident of the county wiierein said assessment is
made, or when the owner is unknown, and proof being made
of sucli facts by afiidavit, the county judge shall order the
amount due such owner to be depoJiited with tlie county
treasurer of the county in which the lands lie or are situa-
ted, for the use of the o^-ner, and thereupon the s^id com-
pany may take possession of said lands, and hold tlie same
in the same manner as those acquired by purchase or gift
for the purposes of said road.
Penalty for dam- § 15. If any pcrscn or persons shall wilfully cut
down or break, dt-face or injure any mile post or posts
on such road, or shall wilfully cut or throw down, break
or injure any gate, (ence or appendage erected on said road,
or wilfully tear up, dis{)lace, break or injure in any way or
manner said road or auy thing belonging thereto, or being
an appendage or for tlie use or convenience of said road,
he or they shall res})ective]y and indi\idual!y foifeit and
pay to said ccm{)any three times the amount of the dama-
ges actually done ; and in every instance he, she or they
shall forleit and pay at least the sum of twenty dollars. If
any person, to avoid the legal tolls chargeable on said road,
shall turn off of said road and pass around and avoid any
gate on said road, he, she or they shall forfeit and pay to
said com])any for every offence the sum of ten dollars.
If any ])erson shall forcibly pass any toll-gate on said road
without liaviiig paid the legal toll as fixed hy the directors,
without tie permission of the toll collector, he, she or they
shall forfeit and pay to said company the sum of twenty
dollars for each offence.
! § 16. All penalties and forfeitures incurred under this
act may be recovered by an action of-debt, in any court
having cognizance thereof, and when the penalty or for-
feiture does not exceed the sum of one hundred dollars
the same may be prosecuted and recovere<l before any
justice of the peace of the county where the offender or
offenders may be found. All suits by and against said com-
pany shall be brought and prosecuted to judgment in and
l)y their said corj)Oiate name.
§ 17. 1'he shares in this company maybe transferred by
assignment, and any subscriber to the capital stock of said
185 1853.
company shall not be responsible beyond the actual amount
of stock so by him subscribed, and said company shall
have power to sue for and recover, in any court having ju-
risdiction of the same, any sum or sums of money or instal-
ments thereof which may be subscribed as stock in said
road, upon giving thirty days' notice of the time and i)lace
of such payments in any newspaper published in the county
of Sangamon.
§ 18. The corporation hereby created is hereby vested Po'"«r«<=<'°*«"*
with all the powers ronftrred on plank road companies
organized under the general laws for the construction of
plank roads, and all general laws for the construction of
plank roads are made part of the charter hereby griiuted,
so far as they are applicable theieto.
§ 19. This act shall be deemed and considered a pub-
lic act, and shall be liberally construed for the objects and
purposes therein expressed, and shall take effect from and
after its passage.
Approved February 11, 1853.
AN ACT to incorporate the Henry, Caledonia, Magnolia and Central Plonk In force Feb. W,
Road Company. l^^^.
Section 1. Be it enacted hy the people of the state of Illi-
nois ^represented in the General ^Issemh/i/, That Benjamin corporators.
Lombard, Thomas Harless, Samuel J. McFadden, George
W. Butler, James Siiields and J. B. Ashley, and their as-
sociates and successors, be and they are hereby constituted
a body corporate and politic, to have perpetual succession
and existence, to be known as "The Henry, Caledon'a, Name and styjo.
Magnolia and Central Railroad Plank Road Company ;"
and by that name and style may contract and be contracted ocnenu ipoweM.
with, sue and be sued, plead and be imj)leaded, as a natu-
ral person, and shall be so recognized in courts of law and
equity ; and have a common seal, alter the same at {)!ea-
sure, and they shall have power, in their corporate name,
for the use of said corporation, to purcliase and hold such
real estate as may be necessary for the free enjoyment of
all privileges herein granted, for the purjiose of con:^tiuct-
ing a plank road from the town of Henry, in RTaisliall coun-
ty, through Caledonia and Magnolia, in Putnam coiinty.to
some point on the main track of the Ilhnois Central Rail-
road, eastivard of Magnolia, in said Putnam county.
§ 2. Said corporation may, by their board of directors, By-iawi.
make by-laws and regulations for the management of their
property, regulation of their affairs and for the transfer of
their stock, not inconsistent with the constitution and laws
Coui:iiic;sioiK'r.s.
MaQiXgeuieiil
affairs.
1853. io<>
of the United States or of this state. Said company may
also purchase the ferry at the said town of Henry, and make
the same a part of the capital stock of said company.
lui »tocu, 5 3. The capital stock of said company may be tilty
thousand dollars, which shall be considered personal pro-
perty, and be divided into shares of twenty-live dollars eaca.
§"4. That Benjamin Lombard, Richard Lloyd and iho-
mas Harless shall be commissioners for receiving subscrip-
tions to the capital stock of said comj.any, when and where
and after such notice as they, or a majority ot them, shall
agree, and they may require partial payments tuercot,
from time to time, before the subscription shall all be taken.
§ 5 The affairs of said company shall be managed by-
five directors, tiiree of whom shall be a quorum to do and
perform the business of said company, wiio shall be chosen
as soon as the sum of fifteen thousand dollars shall be sub-
scribed of the stock of said company. Said directors shall
continue in office one year, and until their successors sliall
be qualified. They shall be chosen by the stockholuers,
each of whom may vote personally or by proxy, casting as
many votes as each may own shares of stock. 1 lie first
election of directors shall be held at the time and place ap-
pointed by the commissioners, and all subsequent elections
may be held and regulated according to the by-laws of the
comj)any. .
§ 6. U[)an the election of directors and organization
of their board, the said commissioners shall deliver to said
directors all moneys received by them on subscriptions ol
stock, and books of subscription and other property of said
company. ^
§ 7. " The said corporation is authorized, as soon as t.ie
" board of directors are elected, to coiiunence the construction
of said road, and as soon as two miles thereof shall be com-
pleted may erect toll-gates thereon, and collect tolls
thereon, at any rate not exceeding three cents per mile for
any vehicle drawn by two horses, and other teams in pro-
portion.
§ S. Said company may procure, by purchase or giit
from tlie owners thereof, any lands, or the right of way over
any lands, necessary for the construction of said road and
the other ])urposes of this corporation as herein sj-ecified,
and n-.ay also agree to the use of any part of a public high-
way for the construction of said road until the county court
of the county in which such highway maybe situated; such
agreement with said court shall ho in writing, and shall be
fiTed and recorded in the office of the clerk of the coujity
court. Before constructing said road, said company shall
cause an accurate survey of said r lad, or such portion of the
same then proposed to be built, to be made by a practical
surveyor, signed by a majority of the directors, acknowi-
Kieot u>ll-gatct
187 lb'5y.
edged by them and filed in the oflice of the clerk of the
county court through whicli the same may pass.
5 9. The route surveyed as aforesaid shall be tiie route Route,
of said road, unless altered by the directors, and in that
case such alterations shall be signed, acknowledged and
filed as aforesaid ; and the said comj)any may thereafter
enter upon and take and hold, subject to the provisions of
this act, all such lands as the said survey or alterations
thereto sliall describe as necessary for the construction of
said road, and that may be necessary to carry out tlie pro-
visions of this act; but before entering upon any such lands,
tlie company shall purchase the same of the owners there-
of, or, pursuant to the provisions of this act, acquire the
right to enter upon and hold the same.
§ 10. If the owner of any such land shall, from any Damages to non-
cause, be incapable of selling the same, or if any company r""'*^'^'^-
cannot agree with such owner for the purcliase thereof, or
if, after diligent enquiry, the name and residence of any
owner cannot be ascertained, or if siich owner be a non-
resident of this state, the company may present to the
county judge of the county in wliich the land lies a peti-
tion, selling forth the grounds of the application, a descrip-
tion of the lands in question, and the means that have been
taken to ascertain the name and residence of such owner, if
unknown, and praying that the damages of the owner of the
lands described in the petition may be ascertained by said
court.
§ 11. Upon receiving such petition tlie said judge Hearing of peti-
shall appoint a time, at some regular or special term of the *"'°**
county court, for the hearing of the petition. At least
ten days' notice of the time and place of the hearing of
the petition shall be served personally upon such owner
of the lands described in the petition, if he reside in the
county where said land is situated, and said notice shall be
served on all others in like manner, or by publication thereof
for four successive weeks in some newspaper published in pm^i^cation.
the county in which the land lies, or if there are none publish-
ed in said county, then in the nearest newspaper, the first of
which publicauons shall be at least sixty days before the
hearing thereof.
§ 12. At the time and place appointed for the hearing,
the court shall, after hearing the evidence offered by the
parties, as^;ess and determine the damages which the owner
of any suc'i lands will sustain over and above the value the
owner will derive from the building of said road. The as-
8essme!\t of the court, which shall contain tlie name of the
owner, if known, and an accurate desciiption of tlie lands
to be taken, shall be entered of record by the clerk of said
court, and such assessment shall be final, subject only to
the rigiit of appeal by either party to the circuit court, on
1853.
188
Aonipany
d.-iOioGee.
Penalty for at
ngeti to road.
Penalty
avol Ului;
Kate*.
Penalties roi
the same terms as is bylaw provided for appeals from the
county court in other cases.
pay § 13. Within thirty days after the assessment of dama-
ges by the county court as aforesaid, or on the final trial in
the appellate court, if an ap[)eal be taken, or, at least,
before the said company shall take possession of said land,
the company shall pay to the person entitled to receive the
same tlie amount assessed as such damages, or shall make
a legal ten ler thereof to him; a^^d in case the owner or
person entitled to the same is a non-resident, or not a res-
ident of the county wherein said assessment is made, or
unknown, and proof being made of such fact by affidavit,
the county judge shall order the amount due such owner to
be deposited with the county treasurer of tlie county in
which the lands lie for the use of' the owner. Thereupon
the said company may take possession of said lands and
hold the same in the same manner as those acquired by
purchase or gift for the purposes of said road.
m- § 14. If any person or persons shall wilfully cut down
or break, deface or injure any mile post or posts on such
road, or shall wilfc.lly cut or throw down, bi'eak or injure
any gate, fence or appendage erected on said road, or un-
lawfully tear up, displace, break or injure, in any war, said
road, or any thing thereunto belonging or being an aj)pen-
dage, or for the use and convenience of such road, he or
they shall, respectively and ipdividually, forfeit and pay to
said company three times the amount of the damag! actu-
ally do?ie, and in every instance he or she shall forlVit and
pay at least the sum of twenty- fi\e dollars. If any j)erson,
[il^to avoid the legal tolls chargeable on said road, turn oft'
said road and pass around and outside any gate on said
road, he or she shall forfeit and pay to said company for
every offence the sum of ten dollars. If any person shall
forcibly pass any toll-gate on said road without having paid
the legal toll as fixed by the directors, witliout the permis-
sion of the toll collector, he or she shall forfeit and pay to
said company the sum of twenty-five dollars for each of-
fence.
§ 15. If said company shall purchase or receive the
said ferry across the Illinois river at the tov/n of Henry as
part of their said capital stock, they shall be governed in i
relation to said ferry by the laws now or that may hereaf-
ter be in force in this state in relation to ferries, and may
charge the tolls for crossing the same that may be j>rescri-
bed by the county court or board of supervisors oi Mar-
shall county.
i\- 5 16. All penalties and forfeitures incurred undi-r this
ofdebti' '""""act may be recovered by action of debt in any court hav-
ing cognizance thereof; and when the penalty or forioiture
does not exceed the sum of one hundred dollars, the same
189 1853.
maybe prosecuted and recovered before any justice of the
peace of the county where the offender or offenders may
be found. All suits by and against said company sliall be
brought and prosecuted to judgment in and by the said
corporate name.
§ 17. The shares in this company may be transferred 'Jranefcr of »to<*.
by assignment, and any subscriber to the capital stock of
said company shall not be responsible beyond the actual
amount of stock so by him subscribed.
§ IS. This act of incorporation is hereby declared a
public act.
Approved Feb. 12, 1853.
AN ACT to incorporate the Galena and Southern Wisconsin Railroad in force Jan. 26,
Company. ^S^'-
Section 1. Be it enacted hy the people of the state of
Illinois, represented in the General */issemhlij. That Henry
Corwith, James Carter, Alexander C. Davis, Daniel A. ^^^ ^^^
Barrows, Lucius S. Felt, Eli A. Collins, William H. Brad-
ley, Madison Y. Johnson, John Lorain, Edward Hempstead,
Nicholas Dowling and HalsteadTownsend, and all such per-
sons as shall hereafter become stockholders in the compa-
ny hereby incorporated, shall be a body politic and corpo-
rate, by the name and style of the "Galena and Southern Kame and Btri«.
Wisconsin Railroad Company," and under that name
and style shall be capable to sue and be sued, implead and
be impleaded, defend and be defended against, in law and
equity, in all courts and places whatsoever, in like manner
and as fully as natural persons; may make and use a com-
mon seal, and alter or renew the same at pleasure; and by
their said corporate name and style shall be capable in law
of contracting and being contracted v/ith, shall be and are
hereby invested with all the powers, privileges, immunities
and francliises, and of acquiring by purchase or otherwise,
and of holding and conveying real and personal estate which
mEny be needful to carry into effect fully the purposes and
objects of this act.
§ 2. The said corporation is hereby authorized and p^^er to oca-
empowered to survey, locate and construct, complete, al- ^"""'='-
ter,'raaintain and operate a railroad, with one or more tracks
or lines of rails, from a point in the city of Galena to a point
on the state line dividing the states of Illinois and W^iscon-
sin, in the county of Jo Daviess.
§ 3. The said corporation shall have the right of way Right of way..
upon, and may appropriate to its own sole use and control,
for the purposes contemplated herein, land not exceeding
two hundred feet in width, through tiie entire length of said
185J. 190
road, moy enter upon and take possession of and use ail
and sincnilar any lands, strc-ams and materials of «^very kind
for the "location of depots and stopping stages, for the pur-
pose of constructing bridges, embankments, excavations,
station grounds, turn-outs, engine houses, shops and other
buildings and things necessary for the construction, com-
pleting, altering, maintaining, preserving and complete op-
eration of said road ; and when the right of way for the said
road cannot be obtained by voluntary grant or release .
from the owner or owners thereof, the same may be taken:
and paid for, if any damages be awarded, in the manner
provided in "An act to provide for a general system ot rail-
road incorporations," approved November 5th, one thou-
sand eight hundred and forty-nine; and the final decision
or award shall vest in the corporation hereby created all^
the ric^hts, franchises and immunities in said act contem-i'
plated and provided.
5 A. The canital stock of saia corporation shall be one
eapiui stock, j^^j^^^g^ thousand dollars, which maybe increased from
time to time to any sum not exceeding the entire amount
expended on account of said road, divided into shares of
one hundred dollars each, which shall be deemed personal
property, and may be issued and transferred in such man-
ner as may be ordered and provided by the board of di-
rectors, who shall require the payment of sums subscribed
by stockholders in such manner and on such terms as they
may deem proper ; and on refusal or neglect on the part ot
stockholders, or any of them, to make payment on the re-
Deiin-n.out Bto* qviisition of the board of directors, the shares of such delin-
"'''• quents may, after thirty days' public notice, be sold at pub
lie auction, under such rules as said board of directors maj
adopt— the surplus UToney, if any remains after deducting
tiie payments due, with the interest and the necessary costs
of sale, to be ])aid to such delinquent stockholders. The
board of directors shall cause books to be opened for sub-
scription to said stock in such manner and at such timei
and plac-.'S as they shall direct.
r..r.orito wv.rs § 5- All the Corporate powci'S of Said company shall be
""""""'"'^'"vested in and be exercised by a board of directors and sucl
officers and agents as they s'^hall appoint. T!ie board o:
directors shall consist of not less than three nor more that
Directors chnseii scven stclcliolders, and sliall be chosen annually by ballo
nnmmiiy. ^^ ^j^^ Stockholders of said company, each share havmt
one vote, to be given in person or by proxy. Said direc-
tors to hold their offices for one year, or until other direc
tors are elected, and shall have power to make and estabi
ny-ian-,, nivg lis), suoh by-laws, rules and regulations as may be nece-s
•""''"'^'""'""Vj5ary for the well ordering of the affairs of said company
Provided^ that the same be not repugnant to the constitu^
tion of the United States or of this state.
191 1853.
§ 6. The president and directors for the time being are Managemt'iit ot
Iiereby authorized and empowered, by themselves, their "'^'*''**
officers or agents, to execute all the powers lierein grant-
ed, for the purpose of surveying, locating, constructing,
altering, maintaining and operating said road, and for tlie
transportation upon the same of persons, goods, wares and
merchandise, with all such powers a?id authority for the
control and management of the affairs of said company as
may be necessaiy and proper to carry into full and com-
plete effect the intent of this act.
§ 7. Said corporation may construct their said road onccnstmcuon
or across any stream of water, road or highway which the -^ross lighAvars
route of its road shall intersect, but the corporation shall
restore the stream, road or highway thus intersected to its
former state, or in a sufficient manner not to have impair-
ed its usefulness ; whenever the track of said railroad shall
cross a public road or highway may be carried over or un-
der said track, as may be found most expedient.
§ 8. The board of directors shall have power to con- union wuhothPt
nect the said railroad and operate the same with any railroad ^'^''^'^^'
in the state of Wisconsin, meeting the said railroad upon
tlie state line between the states of Illinois and Wisconsin,
and may consolidate the capital stock of the said railroad
.with th.e capital stock of such road so meeting the same
upon the said state line, and shall have full power to place
the said road of the company hereby incorporated, or its
capital stock so consolidated, under a direction of a joint
board of directors, to be chosen upon such terms as the di-
rectors of the companies consolidating tlieir capital stock
shall agree upon; and which such joint board of directors
shall have, possess and exercise all the powders and author-
ity hereby given to the directors of the said Galena and
Soutliern Wisconsin Railroad Company, and shall have
power to change or alter the name and stjle of the said
Galena and Southern Wisconsin Railroad Company, if they
shall see fit so to do.
§ 9. The said railroad company are hereby fully ati-Bon-ov. m^ner.
thorized and empowered, in their corporate name and ca-
pacity, to borrow any sum or sums of money, from any
person, corporation, body politic of any kind, and for
any rate of interest that may be agreed upon by and be-
tween said company and any person or party of whom
such money may be obtained, and make and execute in their
corporate name all necessary writing, notes, drafts, bonds, i-iie bonds.
or other papers, and make, execute and deliver such secu-
rities, in amount and kind, as may be deemed expedient,
and the powers of said corporation, for the purposes afore-
said,and forall purposes necessary to carryingoutthe object
of said company, and the contracts and ofiicial acts of said
1S53. 192
company, are hereby declared binding in law and equity
upon said corporation and all other parties to said contracts.
.....itrforinju. § 10. If any person shall carelessly, wilfully, mali-
'■ ciously or wantonly delay, hinder or obstruct the pissage
of any carriage on said road, or shall place or cause to be
placed any material tlicreon, or in any way trespass upon,
spoil, injure or destroy said road, or any part thereof, or
any thing belonguig or pertaining thereto, or employed or
used ill connection with its location, survey, construction or
management, all persons committing, or aiding and abetting
in the'^comraission of said trespass or offence, shall forfeit
and pay to tlie said company treble such damages as and
be proved before any court of competent jurisdiction; shall
further, such offenders shall be liable to indictment in the
county within whose jurisdiction the offence may be com-
mitted, and to pay a tine of not less than ten nor more than
one hundred dollar^, to the use of the people of the state
of Illinois, or may be imprisoned in the penitentiary for a
term not exceeding five years, in the discretion of the
court before whom the same shall be tried.
n^ebeiiorwuis. § H- A bell of at least twenty pounds weight, or a
"*• steam whistle, shall be placed on each locomotive engine,
and shall be rung or whistled at a distance of at least eighty
rods from the place where said road shall cross any road or
street, and be kept ringing or whistling at intervals until it
shall have crossed said road or street, under a penalty of
t'airty dollars for every neglect, to be paid by said corpora-
tion, one-half thereof to go to the informer, and the other half
to the state, and to be liable for all damages which shall be
sustained by any person or persons by reason of such neglect.
Said corporation shall cause boards to be placed, well sup-
ported by posts or otherwise, and constantly maintained
across each public road or street where the same is crossed
by tiie railroad, on such elevation as not to obstruct the
travel, and to be easily seen by travelers, and on each sidei
of said board shall be painted' in large capital letters the •
words, '■'Bail road crossing! Look out for the cars I' ■
» , , , r. 6 12. Said company shall have power to receive one-
Bonds or joiR-> i.^ ••jji» *i.i*.l
wes» county and i^alf of thc amouut ot subscriptions to their capital stock
for tiie construction of said road, in thc bonds of the county
of Jo Daviess, or the city of Galena, said bonds to bear
interest at any rate not exceeding ten per cent, per annum.
«Mcn or-««ing». § 13. For the convenience of persons owning or pos-
sessing lands through which the said road shall pass, it
shall fe the duty of said company, when required, to make a
■d good and sufficient passage way over or under said railroad
whenever the same may le necessary to enable the occu-
pants of said lands to pass over or under the same with
teams, wagons, carts and implements of husbandry, as oc-
casion may require : Provided, that said company shall in
193 1853.
no case be required to make more than one such passage-
way for each farm, and when any public road shall cross
said railroad in any farm, the person owning or possessing
such farm shall not be entitled to require said company to
make any additional causeway.
§ 14. This act shall be deemed a public act, and shall
be favorably construed for a^ll purposes therein expressed
and declared, in all court.^ and places whatsoever, and shall
be in force from and after its passage.
Approved Jauu iry ^6, 1853.
AX ACT to incorporate the Win-cfiiis Ferrv Compaiiv. i" fo--'' Feb. u
Whereas by an act of the legislature, approved on the sec- Preamble.
.. ond day of March, 1819, entitled ^'An act to authorize
. Samuel Wiggins to establish a ferry upon the waters of
the Mississippi," the state of Illinois granted to Samuel
Wiggins, his lieirs and assigiis, tlie right to establish a
ferry on tile waters of the Mississippi near the town of
Illinois, in this state, and to run the same from lands at
the said place that may belong to him : Provided^ that
he should not use any boat or water craft except such
as should be propelled by steam, horses, oxen or other
four-footed animals: And provided, that said Samuel
Wiggins, his heirs or assigns, should have the said ferry
in actual operation within eigiiteen months from and af-
ter the passage of that act ; and that no person except
those who then had ferries established at that place should
establish any ferry of the description aforesaid within one
mile of the ferry established under that act ; and if any
person should, contrary to the provision of that act, run
any boat or boats of the description aforesaid, he, she or
they should forfeit any such boat, with the furniture and
apparel, to tiie said Samuel Wiggins, his heirs and as-
signs, which might be attached and recovered before
any court in this state having competent jurisdiction;
and it was thereby further provided and enacted that
it should and might be lawful for the said Samuel Wig-
gins, his heirs and assigns, to demand and receive the
same rates of ferriage as v/ere then of right demandable at
the ferry established nearest to the ferry authorized to be
established by that act : Provided, that no more should
be charged for a wagon, cart, or other carriage, if loaded,
than could be charged if empty; and it was further
thereby enacted, tliat the ferry thereby established should
be subject to the same taxes as were then or thereafter
might be imposed on other ferries within this state, and
[ N ]
1853. 194
subject to the same regulations and forfeitures. And by
another act, approved the sixth day of February, 1821,
said Samuel Wiggins, his heirs and assigns, were author-
ized to remove said ferry on any land which might be-
long to him or them on said Mississippi river, under the
same privileges as were then prescribed by the act first
above mentioned, and by another act entitled "An act to
amend the several acts thei*in named concerning the es-
tablishing and regulating ferries in this state," it was pro-
A ided as follows '
"Section 1 . Be it enacted hy the people of the state of
^ l//inois, repy^esenfed in the General Jissemhly^ That so
' much of an act entitled 'An act to authorize Samuel
' Wiggins to establish a ferry upon the waters of the Mis-
' sissij)pi,' approved March 2,- 1819, as prohibits the es-
' tablisliing of a ferry within one mile of the ferry estab-
'lished by that act, and so much of the act entitled 'An
' act to authorize Samuel Wiggins to make a tun. pike
' road, and for ot'ier pur{)oses,' approved February 6,
' 1821, as authorized the said Wiggins to remove his
' ferry to any lands belonging to him, under the same
' privileges that were conferred to him by the act enti-
' lied 'An act to authorize Samuel Wiggins to establisli
' a ferry upon tlie waters of the Mississippi river,' ap-
' proved March 2, 1819, as relates to the prohibiting the
' establishing any ferry, or the running boats within one
' mile of the ferry established by said last mentioned act,
'and so much of the act entitled 'An act to amend an
' act to provide for the establishment of ferries, toll-
' bridges and turnpike roads,' approved February the
'12th, 1827, amended January 22, 1829, as prohibits the
'establishing of any ferry on the waters of the Missis-
' sippi, Ohio, Illinois, or Great Wabash rivers, within
'two miles of any such established ferry or toll-bridge,
'be and the same is hereby repealed, approved January
' 19tli, 1833;' and whereas, the said Samuel Wiggins
did acquire lands on the Mississi})pi river, and establish
a ferry in accordance with the provisions of said acts, •
and afterwards sold out his said lands and ferry franchise;
to other persons, who, and their representatives, alsoij
bought other lands, and also leased otiier lands near thei
first ; and whereas, by means of assignments of various \
interests in said lands and ferry franchise, and of the
death of some of the owners of undivided portions'
thereof, and of the dissent and devises of their interests
therein, a number of persons, some of whom are minors,
have become owners of said lands, ferry franchise;'
and whereas, it has become desirable that the said
lands and ferry landing may be improved by the build-
ing of wharves, dykes and levees, the laying out of
195 1853.
streets and roads through a part of said lands, and the
erection of houses for various purposes thereon, and
establishment of a boat yard, and building of docks
and by other tilings of public utility, yet by reason of
the minority of some of the present owners thereof, and
and of the uncertainty of life, where so many are con-
cerned, the present owners of said lands and ferry fran-
chises cannot do these things and works, therefore, to
remove their disability, and because the object desired
cannot be attained under the general corporation law
Section 1. Beit enacted by the people of the state of Itli-
nois, represented in the General Assembly, asf„ll)ws : That
Andrew Christy, Wm. C. Wiggins, Adam L. Mills, Lewis corporator..
V. bogy and Napoleon B. Mullekin, and their associates,
• successors and assigns, are hereby created a body corporate
[ and politic, by the name and style of '-The Wiggins Ferry
Company," and by that name shall have perpetual suc-xame ana sui.
^ cession, and may sue and be sued, plead and be impleaded,
■ defend and be defended, in all courts and places, and may
have and use a common seal, and the same renew and alter
at pleasure ; and the said company shall have full power
, to do the following acts : 1st. To acquire by purchase or
otiierwise, and hold any lands, or any interest in lands, in General powers.
fee simple, or less estate, in the counties of St. Clair and
■ Madison, or either of them, and on or near the Mississippi
river, and not exceeding twelve hundred acres, and also
■ other lands further from the Mississippi river, for coal
mines, not exceeding three hundred acres, and also to pur-
chase, hold, use and enjoy tiie ferry franchise heretofore
granted to Samuel Wiggins, his heirs and assigns, by the
j act referred to in the preamble of this act.
I § 2. To construct a levee, and other works, calculated improve u-Tnciing.
, to improve the harbor and ferry landing, to construct a
wharf on the Mississippi river, and grade and pave the
, same, on any part or all of said lands fronting on said river,
and after the same shall be graded and paved, shall have
the right to charge, collect and receive wharfage, at suchR^.eh-e wharf
rates as may from time to time be fixed by the by-laws «Be.
of said company, not exceeding the rates of wharfage
charged in St. Louis, Missouri, on boats, vessels and rafts
landing or lying at such wharf.
I § 3. To build and keep one or more wharf-boats, to Buidwharf-boai.
;erect warehouses, stores and such other buildings as may ^^rehouses, &.
be determined upon by said company, and to e^stablish a
boat yard, and erect all necessary shops connected with
boat building, and build and finish, in all parts, ferry and
other boats, and to work the coal mines said company may
hereafter purchase.
\J \ ^^^ survey and lay oflt said lands, or any part Lay offian-suu.
thereot, into blocks, lots, streets and alleys, and grade and ""'''''' *'"•
1S53.
CAiiital stock.
Ciovcrnniotit
c miiaiiy.
196
pave said streets and alleys, or any part thereof, and to lay
oiFand dedicate to public use, grounas ibr marke. places,
scl.oois, churclies and parks, and to sell, lease and donate
any part of said lands, in such manner and upon such terms
as said company may deem proper, and execute convey-
ances for the same, and to subscnbc for, take ana buy ani
hold, and sell slock in any railroad, or plank or turnpike
road companv, and issue bonds bearing such rate oi in-
terest, and payable at such times and places as the company
may think proper, not exceeding one hundred thousand
dollars. , „
^ 5 To keep a ferry or ferries at and from any poim
or points on said lands, across the Mississippi river, to St.
Louis, in the state of Missouri, and to remove the same
from place to place on said lands as necessity or conven-
ience may require, and use boats or other cralts propelled
by steam," heat, or other power, and possess, use and enjoy
all the rights, privileges, franchises and emoluments recited
in the preamble of this act as having been heretofore
o-rapted to the said SamUel Wiggins, his heirs and assigns,
Sn and from the lands to be purchased as herein provided
for, and generallv to do and i)erform all things in rcterence
to the ownership; control, management, use and disposition
of said ferrv franch.ise, ferry and lands, and of tae business
carried on thereat, which a natural person might or could do.
^ 2 [61 Tlie capital stock ofsaid company shall consist
of one hundred tliousand dollars, divided into shares of one
hundred dollars each, and may be increased to one muhon
dollars. The immediate government and direction ot said
"'company shall be vested m five directors, and the persons
hereby incorporated shall constitute the first board oi direc-
tors, and tiiev shall distribute the stock in said company in
such amounts to each as may be agreed among themselves,
and shall prescribe the mode of transferring stock, and then
cause an election to be held for directors, not less than ten
days thereafter, and each stockholder shall be entitled to one
vole for cacli share of stock held by him or them in said
company, and may vote by person or by proxy, and the di-
rectors so elected shall hold tlieir offices for one year, and
until their successors r: c elected and organized by the
election of a president, and in like manner annual elections
of directors shall be held; and said directors, a majority of
whom siiall constitute a quorum to do business, shall elect
one of their number to be the president of said company,,
and shall have power to elect a secretary and treasurer,
and appoint such clerks, agents and servants as may be re-:
quired to carry on the business of said company in all itsi
various branches. I
§ 3. [7] The time of holding annual elections for direc-|
■ •'■ tors shall be fixed by the by-laws to be passed by the direc-|
197 1853.
torSjbut a failure to hold an election at the time appointed shall
not operate as a forfeiture of any of the privileges granted
by tills cliarter, but in such cases the president and direc-
tors in ofiice shall continue to exercise their official pow-
ers until successors shall be elected and organized ; and in
case of any vacancy in said board by death or otlierwise,
the remaining directors sliall fill said vacancy till the next
election.
§ 4. [Sj The directors of said company shall have pow- .laUf ly.-.aw^.
er to pass by-lavi^s defining the duties and power of tlie pres-
ident, secretary and treasurer, and of all employees of said
company, and also prescribing or changing the manner of
transferring stock and the manner of appointing proxies,
and such other by-laws as they may deem expedient for the
general management of their afFiiirs, not inconsistent with
tiiis charter and tiie laws of this state.
§ 5. [9J All conveyances ofland sold, leased or donated
by said company shall be executed by tlie president in his
oliicial capacity, in {tursuance of an order of the board of di-
rectors, and by affixing tlie sea! of the corporation, and at-
tested by the secretai-y.
§ 6. [10] Tile courts of chancery or of probate in this i-^i,t of raiiiuM.
State having care or jurisdiction of the estate of any minor in-
terested in said ferry franchise granted to said Samuel Wig-
gins, his heirs and assigns as aforesaid, and the ferry car-
ried on under that franchise, and the lands acquired by the
said Saraue'l Wiggins, and by his assigns and their repre-
sentatives, as recited in the preamble to this act, may, if
in its.judgment it is for the interest of said minor, on ap-
plication of the guardian of said minor, appoint in the state
where said minor resides, notice having been given by pub-
lication in a newspaper publislied in the connty where said
application is made, for four v/eeks successively before
such application, order his or her interest in said propei'ty,
including the ferry franchise, ferry boat, and appurtenan-
ces used about said ferry, lands, stock and property of ev-
ery kind held by the assigiiees or representatives of said
Samuel Wiggins, to be sold either for money, to the high-
est.bidder, or to said company for stock i)i said company,
at a rate to be approved by the court.
§ 7, [llj This act shall not be construed to interfere v/ith Not to interfera
any ferry now established by law, and is hereby declared ^' '^^"'*^*
to be a public act, and shall take elTect and be in force from
and after its passage : Provided, that notiiing in this act Proviso,
contained shall be construed to create any private right so
as to. interfere with the powers of any existing municipal
corporation, or with the right of the legislature, at any
time hereafter, to create municipal corporations within the
limits herein specified, and to confer upon said corporacions
all such powers of police, and also all such powers to open
1853. 198
and extend streets, lanes and alleys, and to improve, man-
age and control the same, and also such powers to enter
upon and condemn lands witiiin the limits aforesaid, for
public wharves, and to improve, control and fix tlie rates
of wharfage for the same as may be usually or properly con-
fided to a city corporation under the constitution of Illi-
nois.
wiiarves. [§ 8.] Whenever a town or city shall be laid off and
established on said land, or on the ai'jacent and contiguous
land, it sliall be lawful for the corj)orate authority of such
town or city to own and possess the said wharves and land-
ing on paying to the proprietors thereof, hereby incorj)0-
rated, the cost of the same — from and after which time the
said wiiarves and landings shall be dedicated to the use of
such town or city, and said town or city shall have the
right to establish and charge reasonable wharfage for the
rroviso. use of the same : Provided^ that the same shall not exceed
the wharfage dues charged and collected by the city of
St. Louis.
(-091 of wi.nrves. [§ 9. J The cost of the Said wharves, landings, &c., sliall
be ascertained by petition filed with the county court of
St. Clair county, on notice to any one of the persons named
as corporators in tins act, of at least five days before pre-
senting the petition ; and the said court shall, on presenting
said petition, appoint tliree disinterested })ersons, wiio, af-
ter being sworn before some judge or justice of the peace
faitlifiiily and impartially to examine the premises, shall
proceed to estimate the cost of said wharves and landings,
and make a written report of the same to the said court,
whicii shall be filed and recorded in said court; and on
payment or tender of the amount so assessed and found,
the said wharves and landings, and all estate in them, shall
be transferred to the said corporation petition as aforesaid :
Proviso. Provided, however, that either party may appeal to the
circuit court and to the supreme court, as in other cases.
wharfase. [^ 10. J No wiiarfagc sliall be allowed to bc charged Ih
an} case until the said wharf or wharves, or landings shall be
Proviso. properly and suificiently graded and paved : Provided, that
this act shall not be construed to interfere with any of. the
powers, privileges or francliises heretofore granted and
contained in an act entitled "An act to incorporate the
Madison Ferry Company," approved February 3d, 1840,
and "An act to amend an act to incorporate the JNIadison
Ferry Company," approved February 11. 1847, or either of
them .
Approvkd February 11, 1853.
199 1853.
A.V ACT to incorporate the town of Paris. In force v>b. i
1853.
Section 1. Be it enacted by tlie j)eople of tlie state of
Illinois, represented in the General *^^ssemh///, Tliat the ^" 'jriwrau.i.
inliabitants i:i the town of Paris, in the county of Edgar, and
state of Illinois, be and they are hereby constituted a body
politic and corporate, by the name and style of "The Town
of Paris," and by that name shall have perpetual succession, lieiierai-iowwi
and may have and use a common seal, which they may
change and alter at pleasure.
§ 2. The boundaries of said town shall include within I'.ouu.iaries.
their limits all of that district of country known as sec-
tion one, in township thirteen north, of range twelve, west of
the second principal meridian.
^ 3. Wlienever any tract of land adjoining the town iv.vns.
of Paris 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 town of Paris.
§ 4. The inhabitants of said town, by tlie name and
style aforesaid, shall have power to sue and be sued, to
plead and be impleaded, to defend and be defended, in all
courts of law and equity, and in all actions whatsoever; to
purchase, receive and hold property, real and personal, in
said town, and to purchase, receive and hold property real
be\'ond the limits of said town, for burial grounds for the use
of the inhabitants of said town, and to sell, lease, convey
and improve property, real and personal, for the benefit of
the said town, and to do all other things in relation there-
to as natural persons.
ARTICLE II.— 0/' the Town CcunciL
§ 1. There shall be a town council, to consist of a pres-rown o.^ncii.
ident and four trustees, to be chosen annually by the quali-
fied voters of the said town.
§ 2. No person shall be a member of the town council who pi:!:;!)^.
unless he shall be at the time of, and shall have been six
months immediately preceding his election, a resident of the
town, and shall be, at the time of his election, twenty-one
years of age and a citizen of the United States.
§ 3. If any member of the town council shall, during the om.evacaico.
term of his office, remove from the tov/n, his office shall
thereby be vacated.
§ 4. The town council shall judge of the qualifications,
elections and returns of its own members, and shall deter-
mine all contested elections.
§ 5. A majority of the town council shall constitute a Quorum.
quorum to do business, but a smaller number may adjourn
from day to day, and compel the attendance of absent
1853. 200
members under such fines and penalties as may be pre-
scribed by ordinance.
R.i!c «f pr-ccea- § 6. The town council shall have power to determine
"'^'' the rule of its proceedings, and punish its members for
disorderly conduct, in such manner as may be prescribed
by ordinance.
§ 7. Tiie town council shall keep a journal of its pro-
ceedings, and from time to time publish tlie same.
§ 8. No member of the town council, during the term
of his office, shall be appointed to any office under the au-
thority of the council.
vacanci-s liiici. § 0. All vacaucies that shall occur in the town council
shall be filled by election. «
^ J, § 10. Eachand every member of the town council, be- I
fore entering upon the duties of his office, shall take and «
subscribe an oath tiiat he will support the constitution of
the United Slates and this state, and that he will well and
truly perform the duties of his office to the best of his ability.
•n.. § 11. Whenever there shall be a tie in the election of
members of the town council, the judges of election shall
certify the same to the police justice, who shall determine
the same by lot, in such manner as may be prescribed by
ordinance.
ju.;in;-. § 12. There shall be four stated meetings of the town
council in each year, at such times and places as maybe
prescribed by ordinance.
ARTICLE III.
Poiicf ii.stie-cnmi § 1- Thcro sliall bc elected in the town of Paris, b}
town constable. ^[,g qualified voters thereof, on the first Monday of April,
1853, and on the first Monday of April, biennially, forever
thereafter, a police justice and a town constable, who shall
hold their offices for two years, and until their successors
shall be elected and qualified.
Pi;. i;,;i,ty. ?> 2. No person shall be eligible to the office of police
justice, or to the office of town constable, who shall not
have been a resident of the town for one )ear next prece-
ding his election, or who shall be under twenty-one years
of age, or who shall not be a citizen of the United States.
;.,',,. vc ..,.,. iirt § 3, For the election of police justice and town con-
stable the town of Paris is hereby declared an elective ])re-
cinct, and such election shall be conducted and the returns
thereof made in the same manner as the election and re-
turns of other ju^stices of the peace and constables : Pro-
vided^ such elections shall be held at the same time and
shall be conducted by tiie same judges as the election for
members of the town council.
I'oii.c iiitioo § 4. The police justice shall be commissioned by the
' "'"''"'■• .^ovenior of the state of Illinois as a justice of the peace,
201 1853.
and as such shall give bond and take and subscribe the
same oatii of office as other justices of the peace, and as
such shall be a conservator of the peace for the said town,
and shall have power and authority to administer oaths, is- Duties.
sue writs and processes, to take dej)ositions, acknowledg-
ment of deeds, mortgages and other instruments of wri-
ting, and certify the same as other justices of the peace,
and lie shall have exclusive jurisdiction of all cases arising
under the ordinances of the corporation, and concurrent
jurisdiction, power and authority in all cases whatsoever
with other justices of the peace, arising under the laws of
this state, and shall be entitled to the same fees for his ser-
vices as other justices of the peace in similar cases.
§ 5. The town constable shall have such power and Duties of town
authority, and be entitled to such fees, and be placed under c^ustabie.
such bond, conditioned for the faithful performance of
the duties of Ids office, as may be prescribed by the ordi-
nances of the corporation hereby created.
§ 6. In case the police justice shall, at any time, be penalties im-
guilty of palpable omission of duty, or siiall wilfully or cor- j'^uce."'' ""''""
ruptly be guilty of oppression, malconduct or partiality in
the discharge of the duties of his office, he shall be liable
to be indicted in the circuit court of Edgar county, and on
conviction sliall be fined in any sum not exceeding two
hundred dollars, and removed from office.
ARTICLE l\.- Of Elections.
§ 1. On the first Monday of April next, an election shall Elections,
be held in said town for the president and four members of
the town council, and forever tJiereafter, on the first Mon-
day of April of each year, there siiall be an election held
for said officers. The first election shall be held, conduc-
ted, and returns thereof made, as may be provided by ordi-
nance by the present president and trustees of the town of
Paris, and all succeeding elections as may be provided by
ordinance of the town council by this act created.
§ 2. All })ersons who are entitled to vote for state offi- voters.
cers, and who shall have been actual residents of said town
ninety days next preceding said election, shall be entitled
to vote for said officers.
ARTICLE V. — Of the Legislative Powers of the Cuuncil.
§ 1. The town council shall have power and authority
to levy and collect taxes upon all proj)erty, real and per- Levy and collect
sonal, within the limits of the town, not exceeding one-half ^'^^'^^'
per centum per annum, upon the assessed value thereof,
and may enforce the payment of the same in any manner
1863.
202
to be prescribed by ordinance, not repugnant to the con-
stitution of the United States or of this state.
§ 2. The town council shall liave power to appoint a
clerk, treasurer, assessor and supervisor of streets, and all
such other officers as may be necessary, and to require of
all officers appointed in pursuance of this charter, bonds
with such penalties and security for the faithful perlbrm-
ance of their duties as may be deemed expedient.
§ 3. Also, to require ail officers appointed as aforesaid
to take an oath for the faithful performance of the duties of
their respective offices, before entering upon the discharge
of the same.
§ 4. To aj)propriate money, and provide for the pay-
ment of the debts and expenses of the town.
§ 5. To make regulations to secure the general health
of the inhabitants of the town, and to declare what shall be
a nuisance, and to prevent and remove the same.
^ 6. To provide the town with water, to sink and keep
in repair wells and pumps in the streets, for the conveni-
ence of the inhabitants.
§ 7. To open, alter, abolish, extend, grade, pave or
otherwise im])rove and keep in repair streets and alleys.
^ 8. To erect and keep in repair bridges.
§ 9. To erect market houses, to establish markets and
market places, and to provide for the government and reg-
ulation thereof.
§ 10. To provide for enclosing, improving and regula-
ting all public grounds belonging to the town.
§ 11. To license, tax and regulate auctioneers, hawk-
ers, pedlers, brokers and {)awnbrokers.
§ 12. To license, tax, regulate and suppress theatrical
and other exhibitions, shows and amusements.
§ 13. To prohibit and suppress tippling houses, dram
shops, gaming houses, bawdy houses and other disorderly
houses.
§ 14. To provicje for tiie prevention and extinguish-
ment of fires, to organize and regulate fire companies.
§ 15. To regulate the fixing of chimneys and the flues
thereof.
§ 16. To regulate the storage of tar, pitch, rosin, gun-
powder and other combustible materials.
§ 17. To ])rovide for taking enumerations of the inhab-
itants of the town.
§ 18. To regulate the election of town officers, and to
])rovide for removing from office any person holding an of-
fice created by ordiriance.
§ 19. To fix the compensation of town officers, and reg-
ulate the fees of jurors, witnesses aiul others for services
rendered under this act or any ordinance : Provided, that
in no case shall any member of the town council receive
203 1853.
more than four dollars for one year's service, excepting
the president, who shall in no case receive more than eight
dollars for one year's service.
§ 20. To regulate the police of the town, to impose Fines, &.c.
fines, forfeitures and penalties for the breach of any ordi-
nance, for the recovery and appropriation of such fines and
forfeitures, and for the enforcement of such penalties : Pro-
vided, that the right of trial by jury shall in no case be de-
nied to any person charged with a breach of any of the pro-
visions of this act or any ordinance.
§ 21. The town council shall have power, within the tmuird uhws
limits of tile town, by ordinance, to prohibit and suppress
billiard tables and lotteiies.
§ 22. The town council shall have power to make and
enforce all ordinances necessary and proper for carrying
into effect all of the powers specified in this act, so that
such ordinances, are not repugnant to nor inconsistent with
the constitution of tiie United States or of this state.
§ 23. The style of the ordinances of the town shall be, style.
"^e it ordained b?/ the town council of the toion of Par is. ^^
§ 24. All ordinances passed by the town council shall. Publication ot
within one m.onth after they shall have been passed, to [be j ordinances.
published in seme newspaper ])ublished in the towi;, or in
some other way, to be provided by ordinance, in case no
newspaper is published in the town, and shall not be in
force until they shall have been published as aforesaid.
§ 25. All ordinances of the town may be proven by the
seal of the corporation, and when printed or published in
book or pamphlet form, and purporting to be printed or
published by the authority of the corporation, the same
shall be received in evidence in all courts and places with-
out further proof.
ARTICLE VI.— 0/ the President.
§ 1. The president shall preside at all meetings of the power of prcsi-
town council, and shall have a casting vote and no other, ''"'''•
and in case of his non-attendance at any meeting, the coun-
cil shall appoint one of their number chairman, who shall
preside at that meeting.
§ 2. The president, or any two members of the coun- special meetings,
cil, may call special meetings of the town council.
§ 3. The president shall be active and vigilant in en- unties of presi-
forcing the laws and ordinances for the government of the
town. He shall inspect the conduct of all the subordinate
officers of tile town, and cause negligence and positive vi-
olations of duty to be prosecuted and punished; and he is
liereby authorized to call on any male inhabitant of said
town, over the age of twenty-one years, to aid in enforcing
the laws and ordinances thereof, and any person who shall
(knt.
1853.
204
not obey such call sliall forfeit and pay to said town a fine
not exceeding ten dollars.
Reqnirc exhibit. § 4. He sliall liave power, whenever he may deem it
necessary, to require of any officer of said town an exhibit
of his books and papfers, and shall have power to do all
other acts required of him by any ordinance made in pursu-
ance of this act.
ARTICLE \n.-Of Proceedings in Special Cases.
Opening or alter-
ing 8tri;cls oi
alleys.
§ 1. Whenever it shall be necessary to take private
property for opening or altering any public street or alley,
the corj)oration shall make a just compensation to the ow-
ner of such property, and pay or tender the same before
opening or altering such street or alley ; and in case tlie
amount of sucli compensation cannot be agreed upon, (l:e
police justice shall cause the same to be ascertained by a
jury of six disinterested freeholders of the town.
§ 2. When all the owners of property on a street or
alley proposed to be opened or altered shall petition there-
for, the town council shall provide for the opening or alter-
ing tiie same, but no compensation shall be allowed to such
owners for their property so taken.
§ 3. All jurors empanelled to inquire into the amount
of benefits or damages which shall happen to the owners
of property proposed to be taken for opening or altering
any street or alley, shall first be sworn to that effect, and
shall return to the police justice their inquest in writing,
signed by each juror: Provided, ahva^/s, in the assessment
of such damages the jury shall take into consideration tiie
benefits as well as injury happening to the owner of pro-
perty proposed to be taken for o])ening or altering a street
or alley by such opening or altering.
§ 4. The police justice shall have ])ower, for good
cause siiown within ten days after any inquest shall have
been returned to him as aforesaid, to set aside the same
and cause a new inquest to be made.
§ 5. The town council shall have power, by ordinance,
to levy and collect a special tax on the holders of lots on
any street or alley, or any part of any street or alley, ac-
cerding to the respective fronts owned by them, for the
purpose of paving or grading the side-walks of said street
or alley.
ARTICLE VIIL
RoiKi labiir. § 1- The Inhabitants of the town of Paris are hereby
exemj)ted from working on any road beyond the limits of
the town, and from paying any tax to procure laborers to
work on the same.
205 1853.
§ 2. The town council shall have power, and it is liereby streets ami ai-
made t!ieir duty, when it maybe necessary for the purpose '^"^'
of keeping in repair the streets and alleys of said town, to
require every able-bodied male inhabitant of said town, over
twenty-one years of age and under fifty, to labor on said
streets and alloys not exceeding three days in each year;
and any person failing to perform such labor wlien duly
notified by the supervisor of said town, shall forfeit and
pay the sum of one dollar to said tov/n for each and every
day so neglected or refused.
§ 3. The town council shall have power to provide for i.,„ii.i,nif,,,t or
the punishment of otFenders against the ordinances of said '^ffe"''"'-^-
town, by imprisonment in the county jail, not exceeding
thirty days for any one offence, in all cases where such
ofFtnder s!iall fail or refuse to pay the fines and forfeitures
which may be recovered against them.
§ 4. The town council shall cause to be published an-pawish state-
nually a full and complete statement of all moneys recei- "^'^'^'"
ved and expended during tiie preceding year, and on what
account received and expended.
§ 5. Ail ordinances and resolutions passed by the pres- ordinances.
ident and trustees of the town of Paris shall remain in force
until the same shall have been repealed by the town council
hereby created.
§ 6. All suits, actions and prosecutions instituted, com- suus, actions &c
menced or brought by the corporation hereby created, shall
be instituted, commenced and prosecuted in the name of
the town of Paris.
§ 7. All actions, fines, penalties and forfeitures which Fines, &c.
have accrued to tiie president and trustees of the town of
Paris shall be vested in and prosecuted by the corporation
hereby created.
§ 8. All property, real and personal, heretofore belong- property.
ing to the president and trustees of the town of Paris, for
the use of the inhabitants of said town, shall be and the
same are hereby declared to be vested in the corporation
hereby created.
§ 9. This charter shall not invalidate any act done by Acts of president,
tile president and trustees of the town of Paris, nor divest "^'^"
them of any rights which have accrued to them prior to the
passage of this act.
§ 10. Tlie president and trustees of the town of Paris Election ot or-
shall, immediately after the passage of this act, take ^"''•
measures to promulgate this lav/ within tlie limits of the
town of Paris, and issue their proclamation for the election
of officers, and cause the same to be published in all tlie
newspapers of said town, two weeks in succession, prior
to the day of election of such officers.
§ 11. Appeals shall be allowed in all cases arising Appeas
under the provisions of this act, or of any ordinance passed
1S53.
206
in pursuance of this act, to the circuit court of Edgar
county, and every such appeal shall be taken and granted
in the same manner and with like effect as appeals are
taken from and granted by justices of the peace to the
circuit court in similar cases under the laws of this state.
§ 12. Whenever the police justice or town constable
shall remove from tlie town, resign, or die, or his office
shall be otherwise vacated, the town council shall imme-
diately provide for filling such vacancy by an election.
§ 13. This act is hereby declared a public act, and
may be read in evidence in all courts of law and equity in
this state without proof.
§ 14. All acts or part of acts coming within the pro-
visions of this charter, or contrary to or inconsistent with
its provisions, are hereby repealed.'
§ 15. The town constable or any other officers author-
ized to execute writs or other process issued by the po-
lice justice, shall have power to execute the same any
where within the limits of Edgar county, and shall be en-
titled to the same fees as other constables are in like cases.
§ 16. The presideht and trustees of the town of Paris
' '^'^'^' shall cause an election to be held in said town on the first
Monday of March next; at which the inhabitants residing
within the limits of said town, who are authorized to vote
for state officers, shall vote for or against this charter, and
if the majority of the votes given at such election shall be
in favor of tiie adoption of said charter, said charter shall
immediately take etFect as a law, but if a majority of the
votes shall be against the adoption of said charter, then this
act to be of no effect.
Approved February 12, 1853.
KxtTUtion
writs.
In riiri:<» Ffb.
1S53.
AN' ACT to incorporate the Belleville Water Company,
Section 1. Be it enacted hij the people of the state of
Illinois^ representedin the General ^^ssembly, That George
Ooi;>or»i..r«. Brcsslcr, Asbury Harrison, Russell liinkley, Frederick
Von Sclirader, Win. II. Snyder, Nathaniel Niles, Alexan-
der Kayser, L. D. Cabanu, William Davis, Thomas Heber-
er, W. C. Kinney, Simon Eimer, John W. Pullian, Ed-
ward Tittman, and Samuel 13. Chandler, and such other
])ersons as they associate with thiun for that purpose, are
liereby made and constituted a body corporate and politic,
N<imi ami siyie. by tlie uamc and style of "Tlie Belleville Water Company,"
with perpetual succession, and by tliat name and style
shall l)e capable in law of taking, holding, purchasing.
207 1853.
leasing, selling and conveying estate and property, real,
personal and mixed, so far as the same may be necessary
for the purpose hereinafter mentioned, and in their corpo- Cxenerai powers.
rate name may sue and be sued, to have a common seal,
which they may alter or renew at pleasure, and may have
and exercise all powers, rights, privileges and immunities
which are or may be necessary to carry into effect the pur-
poses or objects of this act, as the same herein set forth.
§ 2. The Belleville Water Company shall have full o^ms, &c.
power and authority to locate, and from time to time alter,
change, relocate, construct, reconstruct and fully finish,
perfect and maintain all such works, dams, canals, water
reservoirs, water pipes, wells, pumps, steam engines, aque-
ducts, hydrants, and all such houses and buildings neces-
sary for water-works, to supply with water the city of
Belleville and the town of West Belleville, in the county of
St. Clair, and state of Illinois, and for that purpose the said
company shall have full power and authority to lay out,
designate and establish their said works, and may take and
appropriate to their own use any lands necessary for said Appropriate land
water works, not exceeding sixty feet in width along the
entire line from the water reservoirs to and through any
part of the said city of Belleville and said town of West
Belleville, and not exceeding six hundred acres of land
for the purpose of water reservoirs, dams, dikes and de-
pots; said company taking all such lands by gifts, pur-
chase or condemnation, and making satisfaction for the
same as hereinafter provided.
§ 3. The said company, and, under their direction, ^lieir^.^j.^^^ ^^^,
agents, servants and workmen, are hereby authorized and
empowered to enter into and upon the lands and grounds
of or belonging to the state, or to any person or persons,
bodvipolitic or corporate, and survey and take levels of the
same, or any part tliereof, and to set out and ascertain such
parts as they shall think necessary and proper for the con-
structing of said water works, and for all purposes con-
nected with said water works for which said corporation,
by the last preceding section, is authorized, to have, take
and appropriate any land, and to fell and cut down all tim-
ber and other trees standing within fifty feet of the line of
said water works; the damages occasioned by the felling
of such trees, unless otherwise settled, to be assessed and
paid for in the manner hereinafter provided for assessing
and paying damages for land taken for the use of said water
company, the said company doing as little damage as pos-
sible in the execution of said power hereby granted, and
making satisfaction in the manner hereinafter mentioned,
for the damages to be sustained by the owners or occupiers
of said land.
1853. 208
Grants, dona- ^ 4. Tlie Said Company sltall have power to take, re-
lions, &c. QQ[yQ and hold all such voluntary grants and donations of
land and real estate for the purposes of said water works
as may or sliall be made to said company to aid in the con-
struction, maintenance and accommodation of said water
works ; and said company may contract and agree with the
owners or occupiers of any land upon which said company
may wish to construct said water works, or which said
company may wish to use for the purpose of procuring
stone, sand, gravel or earth, or other materials to be
used in dams, or otherwise in or about the construction,
rejjairs or enjoyment of said water works, or which said
company may wish to use or occupy in any manner or for
any purpose or purposes connected with said water works,
which said company is authorized and empowered by this
act to have or appropriate any lands, and to take and re-
ceive grants and conveyances of any and all interests and
estate therein, and to them and their successors or assigns
in fee or otherwise ; and in case said company cannot agree
with such owner or owners or occupiers of such land as
aforesaid, so as to procure the same by the voluntary act
and deed of such owners or occupiers of such land as
aforesaid, then the price and value of such lands may
be fixed, estimated and recovered in the manner provided
for taking lands for the construction of public roads, ca-
nals or otiier public works, as prescribed by the act rela-
ting to "right of way," approved March 3d, 1845. But
when thejowner or occupiers, or either of them, of such lands
Lnnd- uf iiiMn;, shall be n femtnc cover I, infant, nan compos me tif is, un-
known or out of the count}- in which the lands or property
wanted may be situated, the said company shall pay the
amount that shall be awarded as due to the last mentioned
owners respectively, whenever the same shall be lawfully
demanded ; that to ascertain the amount to be paid as above
to said owners or occupiers for land and materials taken
for tiie use of said corporation, it shall be the duty of the
governor of the state, upon notice given to him by the said
Govcnioi api)oint corporation, to appoint three commissioners, to be persons
comini^.M.. rs. ^^^j^ interested in the matter to be determined by them, to
determine the amount of damages which the owners or oc-
cupiers of the land or real estate so entered upon by the
said corj)oration has or have sustained by the occupation of
the same : and it shall be the duty of the commissioners, or
"meiir '^"^'''^ majority of them, to deliver to said corporation a written
statement of the award or awards they sliall make, with a
description of the lands or real estate aj)praiscd, to be re-
corded by said corporation in the circuit clerk's office of
St. Clair county, and then the said corporation sliall be
deemed to be seized and entitled to the fee simple of all
such lands and real estate, and shall exercise over the same
209 1S53.
all rights, privileges, franchises and immunities in said act
contemplated : Provided^ tliat notice by publication in some^wvisu.
newspaper in St. Clair county shall first be given for
thirty days to the owners or occupiers, or unknown own-
ers, as the case may be, of the intention on the part of the
said corporation to apply to the governor for the appoint-
ment of commissioners as herein provided: Jind provided
further^ that any appeal which may be allowed under the
provisions of this act above mentioned, or of any general
law of this state, shall not effect the possession by said
company of any of the lands appraised or taken under
this act; and when the appeal may be taken or a writ ofipptau.
error prosecuted by any person or persons other than the
said company, the same shall not be allowed, except on
the stipulation of the party so appealing or prosecuting
such writ of error that the said company may enter upon
and use the land described in the petition, or required by
said company for the use and purposes of said water-works,
upon said company giving bond and security, to be approved
by the clerk of the circuit court of St. Clair county, that
they will pay to the party appealing or prosecuting such
writ of error all costs and damages that may be awarded
against them on the final hearing of such appeal or writ
of error, within thirty days after the rendition of the same,
or forfeit all rights to use the lands so condemned,
§ 5. The capital stock of said company shall be ten ^, ^ j^^, ^.^^^^
thousand dollars, which may be increased from time to
time by a vote of a majority in interest of the stockholders,
at their annual meeting, or any special meeting which may
be called for that purpose by the directors of said com-
pany, to any sum not exceeding one hundred thousand
dollars, which stock shall be divided into shares of fifty shares.
dollars each, which shall be deemed personal property, and
which may be issued, certified and registered, and trans-
ferred in such manner and in such places as may be or-
dered and provided by the board of directors, who shall
have power to require the payment of stock subscribed in payment of etock
the manner, and at the time, and in such sums as they may
direct, and on the refusal or neglect on the part of stock-
holders, or any of them, to make payment on requisition
of the board of directors, the shares of such delinquent
may, after thirty days' public notice, be sold at auction,
under such rules as the directors may adopt, the surplus
money, if any remains after deducting the payment due,
with the interest and cost of sale, to be paid to the delin-
quent stockholder. The board of directors hereinafter
named and appointed shall cause books to be opened for
subscription to the capital stock of said company, at such
time and places, and in such manner as they shall direct :
Provided^ that as soon as five thousand dollars of 6ona Proviso.
[ O]
1853.
210
fide subscription sliall be made, and five per cent, thereon
paid in, it shall be lawful for said company to commence
the construction of said water-works.
Powers vested. ^16. All the Corporate powers of said company shall
be vested in and exercised by a board of directors, to
consist of not less than seven nor more than seventeen in
number, and such officers, agents and servants as they
Directors. shall appoint. Tiie first board of directors shall consist
of George Bressler, Asbury Harrison, Russell Hinkley,
Frederick Von Schrader, William H. Snyder, Nathaniel
Iviles, Alexander Kayser, D. L. Cabanu, William Davis,
Thomas Heberer, Simon Eimer, William C. Kinney, John
W. Pullian, Edward Tittman, Samuel B. Chandler, who
shall hold their offices until their successors are elected
and qualified. Vacancies of the board may be filled by
vote of two-thirds of the directors remaining; such ap-
pointees to continue in office until tiie next regular annual
election of directors is held, and which annual election of
directors shall be held on the first Monday in Januarj, in
each year, at the office of the company, thirty days' notice
being given in a newspaper published in Belleville.
Votes. § 7, At any election for directors each share of stock •
shall be entitled to one vote, to be given either in person
or by proxy, and the persons receiving the largest number
of voles to be declared duly elected, and to hold their
office until the annual election, and until their successors
in office are elected and qualified. Ail elections to be con-
ducted by three judges, to be selected by the stockholders
present.
jj^^p^ § 8. The office of said company shall be located in the
city of Belleville, and the directors herein named are re-
quired to organize the board by electing one of their num-
ber president, and by appointing a secretary and treasurer.
Charges for wa- § 9- The Said company shall have power to charge for
*'■'• the supply of water to families, mills, distilleries, brew-
eries, fire companies, or to any person or persons, and
bodies corporate, applying to said company for a supply of
water, such sums of money per annum as shall be lawfully
established by the by-laws of said company.
nivMiiKiK. 6 10. The said company shall annually or semi-an-
nually make such dividends as they may deem proper of
the net profits, recei])ts or incomes of said company among
the stockholders therein, in proper proportion to their
respective shares.
Biiieviii« gub- § 11. The said company may accept subscriptions to
KriiH.«to,k. ^j^^jj, g^^^j^ ^^.^^ ^j^g ^.^^. ^^ Belleville and town of West
Belleville, or either of them, to any amount not to exceed
three thousand dollars each ; and for the purpose of raising
the amount so to be by them subscribed, the said city of
Belleville, and the said town of West Belleville, by their
211 1853.
corporate authorities, are hereby authorized and empow-
ered to borrow any sum not exceeding three thousand dol-
lars each, payable at such times and places, and in such
sums, and witli such rate of interest, as may be agreed
upon, and may issue their bonds therefor under their re-
spective seals.
§ 12. If any person sliall do or cause to be done, or rcniut;os.
aid in doing or causing to be done, any act or acts what-
ever, whereby any building or construction, or work of
said company, or any machine, or water conveyance, or
any matter or thing appertaining to the same, shall be
stopped, obstructed, impaired, or weakened, injured or
destroyed, or if any person or persons, shall throw, con-
duct or convey, or cause to be thrown, conducted or con-
veyed into the water reservoirs, dams or dykes of said
company, any filth, dirt, mud, still slops, offals, or any other
impurities, the person or persons so offending shall be
deemed guilty of a misdemeanor, and may be punished,
upon conviction, by fine in any sum not exceeding five
hundred dollars, or by imprisonment not exceeding five
years, or by both, at the discretion of the court, and shall
forfeit and pay to the said corporation treble the amount
of damages sustained by reason of such offence or injury,
to be recovered in tiie name of said company, with costs
of suit, in an action of trespass before any justice of this
state, or before any court having jurisdiction thereof.
§ 13. Said company is iiereby authorized, from time to Bwrow m ney.
time, to borrow such sum or sums of money as may be
necessary for completing, finishing, or enlarging their said
water- works, and to issue and dispose of their bonds in
denominations not less than four hundred dollars, and to
mortgage their corporate property and franchises, or con-
vey the same by deed of trust to secure the payment of
any debt contracted by said company for the purpose
aforesaid, and the directors of said company may confer
on any bondholder of any bond issued for money borrowed
as aforesaid, the right to convert the principal due or
owing thereon into stock of said company, at any time not
exceeding ten years from the date of the bond, under such
regulations as the directors of said company may see fit to
adopt; and all sales of bonds for less than their par value
shall be good and valid and as binding upon said corpora-
tion as if the same were sold for the full amount thereof.
§ 14. The said company hereby chartered shall be re-Timeorcomtrnc-
quired to construct and operate their said water-works, ac-
cording to the terms of tiiis charter, within five years from
the passage of tliis act, which shall be taken and received as
a public law in all courts and places whatever.
Approved February 3, 1853.
1853. 212
In force Feb. 10, AN ACT to incorporate the town of Marshall, in Clark county.
I8i.3.
Section 1. Be it enacted hy the people of the state of
I//mois, represented in the General ^ssembfy^ That the
n.«i7 c^rporftte jrihabitants and residents in tlic town of Marshall, in Clark
«u p.mtis. gQyjjty, are hereby made a body corporate and politic, in
law and in fact, by the name and style of the "President
and Board of Trustees of the Town of Marshall," and by
that name shall have perpetual succession, and a common
seal, which they may alter at pleasure, and in whom the
government of the corporation shall be vested, and by
whom its affairs shall be managed.
BociKUry. § 2. The boundary of said corporation shall include
the original town plat and the several additions of the town
of Marshall, as the same are recorded in the recorder's of-
fice in tiie county of Clark.
recitor.. § 3. That there shall, on the first Monday of May next,
be elected five trustees, and on every first Monday of May
thereafter, who shall hold their offices for one year, and
until their successors are duly elected and qualified ; and
public notice of the time and place of holding said election
shall be given by the president and trustees by an adver-
tisement published in a newspaper in said town, or posting
it up in at least four of the most public places in said tow^n.
i^^aiity of voters No pcrsou shall be a trustee of said town who has not ar-
rived at the age of twenty-one years, and who has not re-
sided in said town six months next preceding his election,
and who is [not] at the time thereof a 6072a 7^V/e freeholder,
and, moreover, who has not paid a state or county tax ; and
all white free male inhabitants over the age of twenty-one
years who have resided in said town three months next pre-
ceding an election, shall be entitled to vote for trustees ;
and the said trustees shall, at their first meeting, proceed
to elect one of their body trustee, and shall have power
to fill all vacancies in said board which maybe occasioned
by der.th or resignation : Providc^f, the vacancy shall not
exceed three months. All vacancies which shall occur for
a longer ])eriod, the board shall give ten days' notice by
posting up at least three advertisements in said town for
such vacancy to be filled, in tiie same manner as provided
for in the regular elections, and to appoint a clerk and an
assessor, a treasurer, a street supervisor and a town con-
stable, to give bond and security in such amount as the
trustees may req\iire ; and the said town constable shall
take an oath of office before some justice of the peace that
he will faithfully discharge the duties of said office ; and it
.shall be his duty to collect all fines and serve all process-
es at the suit of the corporation, and to do such other mat-
ters and things pertaining to the office as may be required
of him by the ordinances and by-laws of said corporation.
213 1853.
§ 4. The said corpor.ition is hereby made capable inGcuraijHiw--;
law to take and hold, to themselves and theii- successors,
any lands, tenements, hereditaments, have power to sue
and be sued, to plead and answer and be answered, in an))-
court whatever.
§ 5. The trustees aforesaid and their successors, or a
majority of them, shall have full power and authority to or-
dain and establish such rules and regulations for their gov-
ernment and direction, and for the transaction of business
and concerns of the corporation, as tliey may deem expe-
dient, and to ordain and establish and put in operation by-
laws, ordinances and regulations as shall seem necessary
for the government of said corporation, and for the man-
agement, control, disposition and application of its corpo-
rate property ; and generally to do and execute all and
singular such acts, matters and things which to them may
seem necessary to do, and not contrary to the laws and
constitution of this state.
§ 6. The said trustees shall have power to levy and Levy ana oou
collect a tax not exceeding one-half of one per cent, on all **''•
lots and improvements and personal property lying and be-
ing within the incorporate limits of said town, according to
valuation; to tax public shows and houses of public enter-
tainment, taverns, stores and groceries, for tiie purpose of
making and improving the streets and keeping them in re-
pair, and for the purpose of erecting such buildings and ' '
other works of public utility as the interest and conveni-
ence of the inhabitants of said town may require, and the
circumstances render proper and expedient ; and said trus-
tees may adopt such modes and means for the assessment
and collection of such taxes, and the rents, issues and prof-
its thereof, which may be necessary for the erection of anj'
public school house in said town, market houses or other
public buildings, to promote the interest and public good of
the citizens of said town, and the sanie to sell, grant and
dispose of if necessary. They shall also have power to
regulate, to grade, pave and improve the streets, lanes and streets.
alleys within the limits of said town and corporation, and
to extend or open and v/iden the same, making the persons
injured thereby adequate compensation, to ascertain which
the board shall cause to be summoned six good and care-
ful men, freeholders and inhabitants of said town, not di-
rectly interested, who, first being duly sworn for tliat pur-
pose, shall enquire into and take into consideration as well
the benefits as the injury which ixidy accrue, and estimate
and assess the damages which would be sustained by rea-
son of the opening, extending or widening of any street,
avenue, lane or alley, and shall, moreover, estimate the
amounts which other persons will be benefitted thereby,
and shall contrioute towards the persons injured ; all of
1853. 214
which shall be returned to the board of trustees under their
hands and seals, and they who shall be benefitted and so
assessed shall pny the same in sucii manner as shall be pro-
vided, and the residue, if any, shall be paid out of the town
treasury ; and said corporation shall, as they may Irom time
to time' fix upon and determine, and to prescribe the man-
ner of selling property when the tax levied on it is not paid :
Provided, no sale of town lots or other real estate shall be
made until public notice of the time and place shall be giv-
en by advertisement in the newspaper, or at four of the
most public places in said town, at least fifteen days pre-
vious tliereto : Provided, that in conducting such sale, the
provisions of the laws concerning public revenue, so far as
the same may be applicable, shall be complied with.
rresorvegoodor- § '^ ■ That the trustccs of said town, or a majority of
•i'^r- them, shall have power to preserve good order and harmo-
ny in said town, to punish for open indecency, breaches of
the peace, gambling, gaming houses, horse racing, shoot-
ing, and all disoiderly houses and riotous meetings, to re-
move obstructions in the streets and public ways, and all
nuisances; for which purpose they may make such by-laws
and ordinances as they may deem expedient and not in-
consistent with any public law of this state, and impose
fines for the breach thereof, which fines shall be recover-
able before any justice of the peace residing in said town.
All suits and judicial proceedings under this act shall be
brought in the name and style of the president and trustees
of the town of Marshall.
Puiy of Justice § ^- -^^ shall be the duty of any justice of the peace re-
"f the peace, siding in said town, and he is hereby authorized and em-
powered, upon the violation of any law or ordinance of
said corporation, to issue his M^arrant, directed to the town
constable or any authorized county officer, to apprehend
the offender or offenders, and bring him or them forthwith
before him ; and after hearing the evidence, if it shall ap-
pear that the said accused has been guilty of violation of
any such laws or ordinances of said corporation, to impose
such fines or imprisonment as shall be pointed out in such
laws or ordinances : Provided, such fine shall not exceed
five dollars and imprisonment shall not exceed twenty-four
hours : Proi-ided, however, that writs o^ certiorari and ap-
peals shall be granted from judgments under this act as in
other civil cases, and in all criminal cases the defendant
shall be entitled to an appeal to the county or circuit court
by entering into bond or recognizance, as the case may
require, before the justice of the peace, within twenty days
after the rendition of the judgment, with such security and
in such an amount as tiie justice shall think right and })ro-
})er 5 and all fines imposed for a breach of the peace or vio-
215 1853.
lation of the corporation ordinances, shall be paid into
the treasury of said corporation.
§ 9. Tiiat when any town lots or real estate shall be saie for uixcs.
sold for taxes by virtue of this act, the same may be re-
deemed at any time within two years IVom the date of such
sale by the owner of such property, or his or her agent, ex-
ecutor or administrator paying to the treasurer of said town
for the use of the purci)aser, at a rate of ten per cent, per
annum, together with tlie cost accruing thereon.
§ 10. That upon the application of the owners of aspedaitax.
majority of the front lots on any street, it shall be lawful
for the board of trustees to levy and collect a special tax
on the owners of the lots on said street or parts of street
according to their respective fronts, not exceeding one per
cent., for the purpose of grading and paving the said side
walks on said street.
§ 11. That all ordinances of said trustees shall be fairly oijimin-.-.
written out, signed by tiie clerk and published in a news-
paper printed in the town, or posted up at three of the most
public places in said town; and no ordinance shall be in
force until published as aforesaid at least ten days.
§ 12. The justice of peace and constable who are re- cowpeiisation.
quired to render service under this act s'lall be entitled to
the same fees and collect them in the same manner as now
is or may hereafter be provided by law.
§ 13. That the president or any two of the trustees caiiinoc!h>j;^.
shall iiave power to call a meeting of the board by giving
one day's notice thereof, and a majority shall constitute a
quorum to do business, but a minority shall have power
to adjourn from time to time, to compel the attendance of
absent members ; and in the event that the notice of an
election is not given as required by this act, or from any
other cause, that an annual election shall not be holden at the
proper time, it shall be lawfid for the late clerk of tlie board,
or any two qualified voters in said town, or at any time tiiere-
after, to give notice as aforesaid of the time and place of
holding a special election, and the trustees elected at such
special election shall have all the powers conferred by
this act.
§ 14. The qualified voters within the corporation shall vote upon mo
vote on the first JVIonday of April next for or against be- i'"" "•'■
coming incorporated under this act. If a majority of all
the votes cast at said election are in favor of being incor-
porated, then this act to be in full force ; otherwise to be
null and void.
Approved February 10, 1853.
1853. 216
!•• force Fci.. 15. AN ACT to incorporate the viUa^je of Lockport, in Will county.
' 1863.
Section 1. Be it enacted by the people of the state
uf Illinois^ represented in the General ^dssemhlij, 'i'hat
the inhabitants and residents in the village of Lockport,
Body corporate Will countv, are herebv constituted a body corporate and
an<l politic. ... . , 1-^.1 ji J i 1 r £<: til
politic, m law and in fact, by the name and style ol " ine
President and Trustees ofthe Village of Lockport," and by
that name shall have perpetual succession and a common
seal, which they may alter at pleasure, and by such name
and style shall be forever capable in law and equity to sue
and be sued, defend and be defended, in all manner of suits
and actions, and in whom the government of the corpora-
tion shall be vested, and by whom its affairs shall be man-
aged, and who are hereby made capable in law to take and
hold, to themselves and their successors, any lands, tene-
ments or hereditaments, and to control or dispose of the
same.
Kipctions. § 2. That on the second Tuesday of March next, and
annually on the same day thereafter, there shall be elected
five trustees, who shall hold their offices for one year, and
Notice of election until their successors are elected and qualified. Ten days'
public notice shall be given of the time and place of the
election ; the first notice of election to be given by the town
clerk of the town, or by three qualified voters in the vil-
lage, and thereafter by the board of trustees whose office
is about expiring. John F. Daggett, John W. Paddock,
Robert Wright, Joel M. Park and David C. Baldwin, or
any three of them, shall prescribe the manner in which the
election or elections for the organization under this charter
shall be conducted, and the said board shall prescribe the
manner in wliich all subsequent elections shall be con-
Tr.mteo'. ductcd. No pcrsou shall be a trustee of said village who
is not twenty-one years of age. He shall also be a resi-
dent of said village at the time of election, and for one year
just previous have paid a state or county tax, and be, at
the time of election, a io»«/^e freeholder within the limits
of the corporation. All citizens within the limits of the
corporation, wlio are qualified to vote at any presidential
or state election, shall be entitled to vote for trustees.
Kicctions. The regulations governing common elections shall be ob-
served in elections for trustees, record ofthe same being
kept upon the record book of the corporation. The said
board of trustees, within ten days after their election, shall
meet and qualify before some justice ofthe peace, and shall
then appoint one of their number president. They shall
also a|)j)oint from their number a treasurer and a clerk;
they shall, in addition, appoint a village constable and a
street supervisor. The constable shall be the collector of
corporation taxes, and shall collect all fines and dues and
217 1853.
and serve all processes at the suit of the corporation, and
shall arrest on view all violators of the peace, and take them
forthwith before a justice of the peace for trial, and to such
other matters and things pertaining to liis office as may be
required of him by the ordinances and by-laws of the cor-
poration. He shall take an oath of office, before some jus- Oath.
tice of the peace, that he will faithfully discharge the duties
of his office. The trustees, in case of riot or in case of
absence of the corporation constable, may appoint a special
constable or constables, whose duties for the time being
shall be the same as herein specified for corporation con-
stable. The collector and treasurer shall give bonds, with collector and
good and and sufficient security, to be fixed by the board, ""'^«^"''"-
for the proper performance of their respective duties, and
for the collecting, holding and paying, according to ordi-
nances, all money that may come into their hands belonging
to the corporation. They shall be appointed for one year and
until others have been appointed and given bonds; they may,
however, be removed for a sufficient cause at anytime, and
others appointed in their places. The street supervisors,
under the direction of the trustees, shall have the immedi-
ate supervision of the streets and the superintendence ofstreets.
street labor, and may order the clearing of the streets, pub-
lic grounds and side-walks from all obstructions, and re-
move the same if necessary at the expense, if any, of the
person occasioning the obstruction. The board of trustees
shall receive no compensation or salary for their services
as trustees or president for the first year, and never after-
wards unless directed by a majority of the voters at a gen-
eral election. The treasurer, clerk, constable and super-
visor shall receive for tlieir services, respectively, such
compensation as the board of trustees shall direct.
§ 3. That the boundaries of said incorporation shall in- Boundaries,
elude the village of Lockport proper, as laid out and record-
ed by the commissioners of the Illinois and Michigan Canal.
§ 4. The trustees aforesaid and their successors, or a Powers.
majority of them, shall have full power and authority to or-
dain and establish such rules and regulations for their
government and direction, and for the transaction of the
business of the concerns of the corporation as they may
deem expedient, and to ordain and establish and put in ex-
ecution such by-laws, ordinances and regulations as to
them shall seem necessary for the government of said cor-
poration, and for the management and control, disposition
and application of its corporate funds and property. The
said board of trustees shall have supervision, control and
authority over all public landings and public grounds, all
streets and alleys within the corporation, and power to
alter, narrow or widen said streets or alleys which, in their
judgment, the public interest may require or permit, and
1853. 218
generally to (\o and execute, all and singular, acts, matters
and tilings which to them may seem necessary to do, and
not contrary to the laws and constitution of this state.
B,.ar.i,.f health. § 5. That the board of trustees shall Constitute a board
of health, and may make all necessary ordinances and reg-
ulations for the preservation of the healtli of the town, and
may also provide such means as tliey may deem necessary
to protect tlie town from injuries by fire. They shall iiave
power to declare what shall be a nuisance within the limits
of the corporation, and may provide for the abatement or
removal tiiereof. They shall have power to preserve good
order and harmony in said village, to punish for open in-
decency, breaches of the peace, gambling, gaming houses,
horse racing, shooting and all disorderl} houses, and riotous
or disorderly meetings, to remove obstructions from the
streets, side-walks and public ways or grounds; for which
iiy-iaws .iiid or- piij-pose they may make such by-laws and ordinances as to
them may seem expedient and not inconsistent with any
public law of this state, and may impose fines and penal-
ties for the breach thereof, whicli fines shall be recovera-
ble before any justice of the peace residing within said
town; which said justices are hereby authorized and re-
quired, upon the violation of any ordinance of the corpor-
ation, to issue a warrant to apprehend the offender or
offenders and bring them forthwith before him, and, after
hearing the evidence, if it shall appear that the said ac-
cused lias been guilty of a violation of any such law or or-
dinance of the corporation, to impose such fines or impris-
onment as shall be ])rovided in such laws or ordinances:
Provided, that such fine shall not exceed ten dollars, and
that such imprisonment shall not exceed forty-eight hours
for any one offence. All moneys for fines, forfeitures or
penalties for breaches of the peace and violation of the or-
dinances of the corporation shall be paid into the treasury
of the corporation, and for an omission of any officer so to
do sucli olficer may be proceeded against by the president
and trustees in an action of debt for the same.
K..OP stroots in § ^- Tliat it sliall be the duty of the Said board of trus-
roT'uir. fecs to causc all the streets and public highways within the
limits of the said corporation needed for public conveni-
ence to be kept in good repair, and to this end they are
i,ai>oiun strecti. authorized to refjuire every able-bodied male resident
within the corporation limits, who is over twenty-one years
of age and not over fifty-five, to labor in said streets or
public roads not less than one nor over three days in each
and every year, as a poll tax, and any person failing to per-
form said labor, either by iiimself or an able-bodied sub-
stitute, when duly notified by the street supervisor, shall
Cvmpcu.'.ation. forfeit and pay the sum of one dollar and twenty-live cents
per day for each day so neglected or refused, or they may
219 1853.
commute for the same by paying to the trustees through
the street supervisors the sum of one dollar each day
assessed. The said trustees may also assess a road tax
upon all taxable property within the corporation limits, in
the same manner and to the same amount as is now pro-
vided to be done by the commissioners of highwa^s; and
for the collection of all road taxes, commutation money
and penalties, the trustees are authorized to adopt the
same measures as are now provided by law for commis-
sioners of highways. The said trustees shall have power to
regulate, to grade and improve the streets and public
grounds within the limits of the corporation, and order the
proper appropriations of the road labor and road tax for
that purpose, and may appropriate from the general fund,
money not otherwise appropriated, such amounts as they
may deem proper to carry out the above provisions. They Grant right of
may also, on petition, grant the right of way on or over ^^^'
any of the streets or public grounds of the corporation to
any railroad company asking to locate and build a road
through the corporate limits, and make all needful arrange-
ments with the same for the location of depots or stations.
The said trustees may also order the construction of side-
walks upon any street or part of a street within the limits
of the corporation : Provided, that the owners of lots, or
parts of lots, in front of which any such side-walk is
ordered, shall build the same at their own expense, and
such side-walk so ordered by the trustees shall be built
according to specifications by them established, within a
time specified by said trustees, or in case of failure or re-
fusal so to do, the trustees shall build the same and assess
the property in front of which it is built, for the amount
of the cost of construction.
§ 7. That the said trustees shall have power to levy Levy and collect
and collect a tax in any one year, not to exceed one-half ''''^'
of one per cent, on all lots, improvements and personal
property lying and being within the incorporate limits of
said village, according to valuation, to tax public shows
and entertainments, to collect rents for any property, land
and dues of every kind belonging to the corporation, which
taxes, rents, issues and funds arising from fines, penalties
and forfeitures shall constitute a general fund, which may
be appropriated by the board of trustees for the purpose
of making such improvements and doing such acts of pub-
lic utility as the interest and convenience of the inhabi-
tants of said village may require, and circumstances ren-
der proper and expedient ; and the said trustees may adopt
such mode and means for the assessment and collection of
such taxes, rents, issues and profits, and to prescribe the
manner of selling property when the tax levied is not paid
according to requirement: Provided, that in conduct-
1853.
220
Make statement
Borrow money
ing such sale the provisions of the act concerning public
revenue, so far as the same may be applicable, shall be
complied with; and provided also, that wlien any town lot
or real estate shall be sold for taxes or assessments, by
virtue of this act, the same may be redeemed at any time
within two years from the date of such sale by the owner
of said property, or his agent, executor, administrator or
assignee paying to the treasurer of the corporation, for the
use of the purcliaser, the amount of the tax for which it
was sold, together with the cost accruing thereon, with
interest on both taxes and cost, at the rate often percent,
per annum. The said trustees are also empowered to levy
and collect taxes for an}^ and all corporate purposes, to
any amount which, at any regular election of trustees, or
at any special election called for that purpose, shall be
voted by a majority of the voters voting at such elections,
due notice being given that a vote is to be taken upon th^
raising of money at such election.
^ 8. That the board of trustees, by their clerk, shall
keep a record of all their acts and doings, which siiall be
open to the inspection of the citizens of the corporation
at all reasonable hours; they shall also make out a written
statement of the affairs of the corporation, at least ten
days previous to the annual election of trustees, which
shall be posted up at their place of doing business, or pub-
lished in a village newspaper, and shall be read on the day
of election to the assembled voters.
§ 9. That the said trustees shall have no power to bor-
row money, or issue any evidences of indebtedness, at any
time, for an amount above what is already provided for by
taxes levied, or other certain sources of revenue, unless
specially authorized so to do by a vote of a majority of the
legal voters of the corporation.
§ 10. That all ordinances passed by said trustees shall
be fairly written out, signed by the clerk, and published
either in a village newspaper or by posting, and no ordi-
nance shall be in force until so signed and published or
posted.
§ 11. That the president or any two of the trustees
shall have power to call meetings of the board by giv-
ing one day's notice thereof, and a majority shall consti-
tute a quorum to do business, but a minority shall have
power to adjourn from time to time. In the event that the
notice of an election is not given as requiied by this act,
or from any other cause an annual election shall not be
holden at the proper time, it shall be lawful lor the late clerk
of the board, or any two qualified voters in said village, at
any time thereafter, to give notice as aforesaid of the time
and place of holding a special election, and the trustees
221 1853.
elected at such special election shall have all the powers
conferred by this act.
§ 12. That the justices of the peace and constables Justices of the
who are required to render services under this act shall BTabiesr** *^'""
be entitled to the same fees, and collect them in tiie same
manner, as now is or may hereafter be provided by law.
§ 13. That the qualified voters within the corporation vote ou incorpo-
limits as described in section three of this act shall vote at ''''"°"-
the first election ordered for electing trustees, for or against
becoming incorporated under this act. If a majority of all
the votes cast at said election are in favor of being incor-
porated, then this act to be in full force, and in case a ma-
jority of votes given are not in favor of being incorporated
after the expiration of three months from the day of such
election, upon the written application of twenty legal voters
of said village another election shall be held in the same
manner, and if at said second election a majority of votes
given shall be in favor of being incorporated, this act shall
be in force, but if at this election a majority are not in
favor of being incorporated, also in the same manner a
third election may be held, and if at this third election the
majority of votes shall be in favor of being incorporated
under this act, then this act shall be in full force, other-
wise be null and void ; and after having been incorporated
under this act, at any subsequent regular election for trus-
tees two-thirds of the qualified voters of the corporation
shall have power to dissolve the same by voting against
the corporation.
§ 14. The trustees shall have power to make appro- Appropiiatiom.
priations out of the general fund to assist in building side-
walks, upon the written application of a majority of the
citizens who voted at the last general election previous to
such application.
§ 15. The trustees shall have power to buy or sell any Real estate.
real estate for the corporation, and build any public build-
ings on the corporate grounds, but shall exercise such
power only when authorized to do so by a majority of votes
cast at a special charter election, called and conducted in
the common form for that purpose, and specially set forth
in the notice therefor that such is the purpose lor which the
said election is to be held.
§ 16. Any failure to hold the first election under this
act at the specified time shall not work a forfeiture there-
of, but the said election may be held at any day thereafter,
by giving the proper notice.
Approved Feb. 12, 1853.
1853. 222
m forre Feb. 10, AN ACT to charter the City of Knoxville.
1863.
ARTICLE Ym^T.—OfBunndariesand General Powers.
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Jissemhly, That the
«;^^,fp^,';^[^_°'^^''' inhabitants of the town of Knoxville, and all that district
of country hereinafter described, in the county of Knox and
state of Illinois, be and they are hereby constituted a body
politic and corporate, by the name and style of the "City
of Knoxville," and by that name shall have perpetual suc-
cession, and may have and use a common seal, which they
may change and alter at pleasure.
Boundaries § ^* ^^ '^^'^^ district of couutry embraced within the
following boundaries, to wit, beginning at the northeast
corner of section number twenty-eight, thence running
west along the north lines of said section twenty-eight snd
section twenty-nine, to the northwest corner of the north-
east quarter of said section twenty-nine ; thence running
south to the southwest corner of the northeast quarter of
section number thirty-two ; thence running east to the
southeast corner of the northeast quarter of section num-
ber thirty-tiiree ; thence running north to the place of be-
ginning, including all of said section twenty-eight, the east
half of section twenty-nine, the northeast quarter of sec-
tion thirty-two, and the north half of section number thirty-
three, all in township number eleven north, of range two,
east of the fourth principal meridian, is hereby declared to
be within tlie boundaries of said city of Knoxville.
waixN. § 3. The present board of trustees of the town of Knox-
ville shall, on or before the first day of April next, divide
the said city of Knoxville into four wards, as nearly equal
in population as practicable, particularly describing the
boundaries of each.
Annexec'. § 4. Whenever any tract of land adjoining the city of
Knoxville shall be laid off into town lots, the same shall be
recorded as now recpiired by law, and shall be annexed to
and form a part of said city of Knoxville.
<ieuera! powers. § 5. Tlie inhabitants of said city, by the name and style
aforesaid, shall have power to sue and be sued, to plead and
be impleaded, defend and be defended, in all courts of law
or equity, and in all actions wliatever ; to purchase, re-
ceive and hold property, real and personal, in said city, to
purchase, receive and hold pro})erty, both real and per-
sonal, beyond the city, for burial grounds or for other pub-
lic purposes for the use of the inhabitants of said city; to
sell, lease, convey or dispose of })roperty, real and person-
al, for the benefit of the city, and to improve a'^d protect
such property, and to do all other things in nlation there-
to as natural persons.
^^^ 1853.
• ARTICLE SECOND.-Of ihe City Council.
A I' 7^^''1.'''^" "^^ ^ ^^*y ^°""«i^' to consist of a mayor r.
and board of aldermen. '^ ""^ ** "''^yor cityco.mcii.
hi. ?' ^^'^ l'"^''^ °^ aldermen shall consist of two mem am
?ortw;7e:,f 7^^'' ^^ ^^ ^^-- by ^^- qualiiied\"te"s-^'^^'-
^f f . ^' ^o person shall be an alderman unless, at the ^ime o ,-
ofus e IecUon,he shall have resided six month within he """^-
_ § 5. At the first meeting of the city council, the alder n „
men shall be divided by lot into two classes. ' Tl e ea ""•
of those o the first class shall be vacated at the expiration
of the first year, and of the second class at the exp a on
ed tnnall; '"" ' '° ""' '^"' °' '''' '•""'^ ^'-" ^' ^'e"
elelLsTIld rel^nTrthei^" ^''^''^'k"^ ^salifications, .,„„..„„„„.
ter,n,„e all contested efecUons """''"' ""^ '''^" ''- '°™-
JorlmtZ&°^ the city council .shall constitute a q„„.
f. T . J ""isiness, but a smaller number may adiourn
from day to day and compel the attendance of absent mem-
nance ' '""'""'' ^' """>' •=<= P'-escribed by ordl
theMonl°"lc:"H"'''''" '-1™. ?"*<"■ "> <letermine „,..., „„....
HerK. 1 f Piuceed ngs, punish its members for disor- '«"•
&^:feie\td:::^i';^^ - — - -^
ee!d.^gs,"j:v&rl;';rr;:fbi-i/;Tsl^^^ -
newspaper published in said city Lvi,^ t ,e We , "„ .cT
ii... .hti'i' ;.".".t; *;:,t:.""'" '■ "- '~" -' ■'- '--
6 12. The mavnr Qi.rl ^„„u _ij , „
ipon\1;e drnTpf??,' """^ """'' alderman, before entering Oat.
ubs.riK ?^ ''""' respective offices, shall take and
i eU ited's V'"' !.'"rV' '''^'^''-' ''^ constitution
II the United States and of this state, and that they will
1853.
224
§ 13. Whenever there shall be a tie in the election of
aldermen, the judges of election shall certify the same to
the mayor, who shall determine the same by lot, m such
manner as shall be provided by ordinance.
§ 14. There shall be twelve stated meetings of the
city council in each year, at such times and places as may
be prescribed by ordinance.
ARTICLE THIRD.— 0///ie ChieJ Executive Officer.
Contested
tton8.
§ 1. The chief executive officer of the city shall be a
mayor, who shall be elected by the qualified voters of the
city, and shall hold his office for one year, and until his
successor shall be elected and. qualified.
§ 2. No person shall be eligible to the office of mayor
who shall not have been a resident of the city for one year
next preceding his election, or who shall be under twenty-
one years of age, or who shall not, at the time of his elec-
tion, be a citizen of the United States.
§ 3. If any mayor shall, during the time for which he
shall have been elected, remove from the city, his office
shall be vacated.
§ 4. "When two or more persons shall have an equal
number of votes for mayor, the judges of election shall cer-
tify the same to the city council, who sliall proceed to de-
termine the same by lot in such manner as may be provided
by ordinance.
§ 5. Whenever an election of mayor shall be contested,
the city council shall determine the same in such manner
as may be prescribed by ordinance.
§ 6. Whenever any vacancy shall happen in the office
of mayor, it shall be filled by election.
ARTICLE YOVKVYi.— Of Elections.
§ 1 . On the first Monday of April next an election shall
be held in each ward of said city for one mayor for said
city, one marshal, one treasurer, one assessor, one street
commissioner, and two aldermen for each ward, and lor-
cver thereafter, on the first Monday in April of each year,i.
there shall be an election held in each ward of said city,
for one mayor for the city, one marshal, one treasurer, one
assessor, one street commissioner, and one alderman for
each ward. The present board of trustees of the townol
Knoxville shall make tlie necessary arrangements for said
first election, and the returns thereof shall be made as at
present provided by ordinance of said trustees.
§ 2. All free white male inhabitants, over the age o
twenty-one years, who are entitled to vote for state officers
and who shall have been actual residents of said city thirt]
kW
225 1853.
days next preceding; any city or ward election^ shall be
entitled to vote for city officers : Provided, that said voters Proviso,
shall give their votes in all city or ward elections in the
wards in which they respectively reside, and in no other,
and that no vote shall be received at any of said elections
unless the person offering such vote shall have been an
actual resident of the ward where the same is offered at
least ten days next preceding such election.
ARTICLE FIFTH.— q/ the Legislative Powers oj the
City (Joiincil.
§ 1. The city council shall have power and authority to Levy and eowee*
levy and collect taxes upon all property, real and personal, '*^'
within the limits of the city, not exceeding one-half of one
per cent, per annum upon the assessed value thereof, and
may enforce the payment of the same in any manner to be
prescribed by ordinance, not repugnant to the constitution
of the United States or of this state.
§ 2. The city council shall have power to appoint a Appointments.
clerk, attorney, collector, city surveyor,^and all such other
officers as may be necessary.
§ 3. ihe city council shall have power to require of Require bonds.
all officers appointed in pursuance of this charter, bonds
with penalty and security for the faithful performance of
their respective duties, in such sums as may be deemed
expedient, and also to require all officers of said city to
take an oath for the faithful performance of the duties of
their respective offices, before entering upon the discharge
of the same ; to build and keep in repair, school houses ;
to establish, support and maintain common schools; to bor- Borrow money.
row money on the credit of the city, by and with the con-
sent of a majority of the inhabitants thereof: Provided,
that no sura or sums of money shall be borrowed at a
greater interest than eight per cent, per annum, nor shall
the interest on the aggregate of all the sums borrowed and
outstanding ever exceed one-lialf of the city revenue,
arising from taxes assessed on real property within the
limits of the city.
§ 4. To appropriate money and provide for the pay- Appropriate mo-
ment of the debt and expenses of the city. °°^'
§ 5. To make regulations to prevent the introduction niaeaws.
of contagious diseases into the city, and to enforce the
aarae within three miles of the city.
§ 6. To establish hospitals, and make regulations for
the government of the same.
§ 7. To make regulations to secure the general health He«ith.
of the inhabitants, to declare what shall be a nuisance,
and to prevent and remove the same.
1853.
226
ayJrants and
piunps.
Bridges.
Koads.
Lighting streets.
Night watches.
Market houses.
Puhlic grounds.
Auctioneers, &.c.
License hackney
carriages, &c.
Porters.
Show::, &.C.
Woo<len bntld-
tn«a.
Ottlmncyt
Oaii{X)wdor.
§ 8. To provide the city with water, to erect hydrants,
and pumps in tlie streets, lor the convenience ol tlie in-
habitants.
§ 9. To open, alter, abolish, widen, extend, establish,
grade, pave, or otherwise iini)rove and keep in repair
streets, avf-niRS, lanes and alle}S.
§ 10. To establish, erect and repair bridges.
§ 11. To divide the city into waids, alter the bound-
aries thereof, and erect additional wards as the occasion
may require.
§ 12. To provide for lighting the streets and erecting
lamp posts.
§ 13. To establish, support and regulate night watches.
§ 14. To erect maiket houses, establish maikets and
market places, and provide for th6 government and regula-
tion til ere of.
§ 15. To provide for the erection of all needful build-
ings for the use of the city.
§ 16. To provide for enclosing, improving and regula-
ting all public grounds belonging to the city.
§ 17. To license, tax and regulate auctioneers, mer-
chants, retailers, hawkers, pedlers, brokers, pawnbrokers
and money changers.
§ 18. 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, cart-
age or drayage of property.
§ 19. To license and regulate porters and fix the rate
of {)orterage.
§ 20. To license, tax and regulate theatrical and other'
exhibitions, shows and amusements.
§ 21. To restrain, prohibit and suppress tippling houses
and dram shops.
§ 22. To prohibit and. suppress gaining, bawdy and
disorderly houses.
§ 23. To provide for the extinguishment of fires,
to organize and establish a fire department, with the neces-
sary ofiicers, and to organize, establish and equip fire
companies.
§ 24. To regulate or prohibit the erection of wooden
buildings in any part of the city.
^ 25. To regulate the fixing of chimneys and to fix
chimney flues.
§ 26. To regulate the storage of gunpowder, tar, pitch,
rosin, and other combustible materials.
§ 27. To regulate and order parapet walls and parti-
tion fences.
§ 28. To establish standard weights and measures, and
regulate the weights and measures to be used in the city,
in all cases not otherwise provided for by law.
227 1863.
§ 29. To provide for the inspection and maasuring of Liimbor, &c.
lumber and other building materials, and for the measure-
ment of all mechanical work.
§ 30. To provide for the inspection and weighing of iiay,&.;.
hay and stone coal, the measuring of charcoal, fire wood,
and other fuel to be sold or used within the city.
§ 31. To provide for and regulate the inspection of
beef, pork, flour, meal and grain.
§ 32. To regulate the inspection of butter, lard, cheese
and other provisions.
§ 33. To regulate the weight, quality and price of bread
to be used in the ciiy.
§ 34. To regulate the size of bricks to be sold or used
in the city.
-^ § 35. To provide for taking enumerations of the inhab-
itanls of the city.
§ 36. T<^ regulate the election of city officers, and to
provide for removing from office any person holding an
office created by ordinance.
§ 37. To fix the compensation of all city officers, and ^T"^"^*'"'*
_ I i xu /> f • . . 11 ^ City ofHwre.
regulate the tees ol witnesses, jurors and others, for ser-
vices rendered under this act or any ordinance.
§ 3S. To regulate the police of the city, to impose Poitee.
fine?, forfeitures and penalties for the breach of any ordi-
nance, and to provide for the recovery and appropriation
of such fines and forfeitures, and the enforcement of such
penalties.
§ 39. The city council shall have power, v%'itliin theB»i'a><i
city, by ordinance, to restrain and suppress billiard ta-
bles an J ball alleys.
§ 40. To regulate, restrain and prohibit the running at
large of horses, cattle and hogs.
§ 41. All moneys collected under and by authority of^fonoys.
a-iy city ordinance, shall be deemed and taken to belong
to said city, and disposed of by the city council under the
ordinances of said city for the general use and benefit of
the iniiabitants thereof.
§ 42. Tiie city council shall have power to make all ^'■'^'"*'°""
ordinances which shall be necessary and proper for carry-
ing into execution tlie powers specified in this act.
§ 43. The style of the city ordinances shall be, ^'Be z/styie.
ordained hy the mayor and common council of the city of
Knoxoille.^^
§ 44. • All ordinances passed by the city council shall, P"^iic"«o:.
w^ithin twenty days after they shall have been passed, be
jubiished in the newspaper published in the city havii.g
;he largest circulation, and shall not be in force until they
ihall liave been published as aforesaid.
§ 45. All ordinances of the city may be proven by the sem or torn,
jeal of the corporation, and when printed or published in '
lalilos^
tion.
1853. 228
book or pamplilet form, and purporting to be printed and
published by authority of the corporation, the same shall
be received in evidence in all courts and places without
further proof.
ARTICLE SIXTH.— 0/ the Mayor.
Mar.r give cast- § ^ The mayor shall preside at all meetings of the
^%^<>^.^. city council, and shall have a casting rote, and no other.
In case of non-attendance of the mayor at any meeting,
the board of aldermen shall appoint one of their own mem-
bers chairman, who shall preside at that meeting.
8p*curt meetiDgD § 2. The mayor o? any two aldermen may call special
meetings of the city council.
§ 3. The mayor shall at all times be active and vigi-
lant in enforcing the laws and ordinances for the govern-
ment of the city; he shall inspect the conduct of all sub-
ordinate officers of said city, and cause ne^igence and
positive violation of duty to be prosecuted and punished;
he shall from time to time communicate to the aldermen
such information and recommend all such measures as in
his opinion may tend to the improvement of the finances,
the police, the health, security, comfort and ornament of
the city.
§ 4. He is hereby authorized to call on every male in-
ha!)itant of said city over the age of eighteen years, to aid
in enforcing the laws and ordinances, and in case oi riot
to call out the militia to aid in suppressing the same, or in
carryincr into effect any law or ordinance, and any person
who shall not obey such call shall forfeit to the said city
a fine not exceeding five dollars,
s.bibit bo.>ics, § 5. He shall have pov^er whenever he may desm it
i.ape«,& . necessary to require of any officer of the said city an ex-
hibit of his books and papers.
§ 6. He shall have powe>- to execute all acts that may
be required of him by any ordinance^made in pursuance
of this act.
§ 7. He shall be commissioned by the governor as a
justice of the peace for said city, and as such shall be a
conservator of the peace in said city, and shall have power
and authority to administer oaths, issue writs and pro-
c^ssps under the seal of the city, to take depositions, the ac-
knowledgment of deeds, mortgages, and all other instru-
ments of writing, and certify the same under the seal of
the city, which shall be good and valid in law.
Artodicttoa. § 8. He shall have exclusive jurisdiction in all cases
arising under the ordinances of the city, and concurrent
jurisdiction with all other justices of the peace, in all
civil and criminal cases within the county of Knox, arising
229 1853. '
under tiie lavfs of this stale, and shall receive the same
fees and compensation for liis services as in similar cases.
§ 9. He shall also have such jurisdiction as may be
vested in him by ordinance ot tiie city in and over all
places within three miles of the boundaries of the city for
the purpose of enforcing the health ordinances and regu-
lations thereof.
3 10. He shall receive for his services such salary as CompenBatio*.
shall be fixed by an ordinance of the city.
§ 11. In case the mayor shall at any time be guilty ef Liable to whv.-
a palpable omission of duty, or shall wilfully and corruptly '"'^"'■*
be guilty of oppression, malconduct, or partiality iu the
discharge of the duties of his office, he shall be liable to
be indicted in the circuit coiu't of Knox county, and on
conviction he shall be fined not more than two hundred
dollars, and the court shall have power, on the recom-
mendation of thejury, to add to the judgment of the court
that he be removed from office.
ARTICLE SEVENTH.— Of Frocecdings in Special Cases.
^ 1. When it shall be necessary to take private pro- Priv-itoiroirert?.
perty for opening, wideniisg or altering any public street,
lane, avenue or alley, the city shall make a just compensa-
tion therefor, to the person whose property is so taken,
and if the amount of such compensation cannot be agreed '^'^^^s*^^'
on, tlie mayor sliali cause the same to be ascertained by a.
jury of six disinterested freeholders of the city.
§ 2. When tlie owners of all the property on a street, Pctukns.
lane, avenue or alley, proposed to be opened, widened, or
altered, shall petition therefor, the city council may open,
widen or alter such street, lane, avenue or alley upon con-
dition to be prescribed by ordinance, but no compensation
in such case shall be made to those whose property shall
be taken for the opening, widening or altering such street,
lane, avenue or alley, nor shall there be any assessment of
benefits or damages that may accrue tlierebj to any of the
petitioners.
§ 3. All jurors empanneled to inquire into the amruntJ"''"*
of benefits or damages which shall happen to the owners of
property proposed to be taken for opening, widening or
altering any street, lane or alley, shall first be sworn to
that etiect, and shall return to the mayor their inquest in
writing, and signed by each juror.
§ 4. In ascertaining tiie amount of compensation for Duty of jur-
property taken for opening or widening or altering any
street, lane, avenue or alley, tli^ jury shall take into con-
sideration the benefit as well as the injury happening by
such opening, widening or altering such street, laue,
avenue or alley.
1853. 230
p^verof mnyur. §6. The mayor shall havc power, foF good cause sh iwn,
within ten days after any inquest shall have been retu ned
to iiim as atoresaid, to set the same aside and cause a new
inquest to be made.
syouiut. ^ 6. The city council shall have power, by ordina ice,
to levy and collect a special tax on the holders of the 'nts
in any street, lane, avenue or alley, or part of any lane,
avenue or alley, according to their respective fronts owned
by them, for the purpose of paving and grading the side-
walks and lighting said sireet, lane, avenue or alley.
ARTICLE EIGHTH.— Miscel/ajieovs P
rovisi07}s.
Tinn* »ccrncd.
§ 1. The inhabitants of the city of Knoxville are
hereby exempted from working on any road beyond the
limits of the city and from paying any tax to procure
laborers to work upon tlie same : Provided, that the city
council may cause one- fourth of the labor tax to be laid
out on roads leading into said city from the north and south
sides thereof, and may expend a portion of the city tax
upon the same, not to exceed one-fourth of the amount
annually assessed,
§ 2. Tlie city council shall have power, for the purpose
of keeping the streets, lanes, avenues, alleys in repair, to
require every male inhabitant in said city over twenty-one
years of age to labor on said streets, lanes, avenues and
alleys, not exceeding four days in each and every yearj
and any person failing to perform such labor, when duly
notified by the street commissioner or those acting under
him, shall forfeit and pay the sum of seventy-hve cents
per day for each day so neglected or refused.
§ 3. The city council shall have power to provide for
the punishment of offenders, by imprisonment in the county
jail, in all cases where such offenders siiall fail or refuse to
pay the fines and ft-ifeitures which may be recovered
against them.
§ 4. The city council shall cause to be ptiblished an-
nually a full and com})lete statement of all moneys received
and expended by the city during the preceding year, and
on what account received and expended.
§ 5. All ordinances and resolutions passed by the trus-
tees of the town of Knoxville shall remain in force until the
same shall have been repealed by the city council hereby
created.
§ 6. All suits, actions and prosecutions instituted, com-
menced or brought by the corporation hereby created, shall
be instituted, commenced and prosecuted in the name of
the city of Knoxville.
§ 7. All actions, fines, penalties and forfeitures which
have accrued to the trustees of the town of Knoxville shall
231 1853.
be vested In and prosecuted by tlie corporation hereby
creati'd.
§ 8. All property, real and personal, heretofore be- Property of for-
longing to tiie trustees of the town of Knoxville, for the ^L^'"'^'^''"^'
use of the iiihabilants of said to.vn, shall be and the same is
hereby declared to be vested in the corporation hereby
created.
§ 9 This charter shall not invalidate any act done by Former acts vai-
the presid<>nt and trustees of the town of Knoxville, nor ''•
divest them of any right which may have accrued to them
prior to the passage of this act.
§ 10. The trustees of the town of Knoxville shall, im- PrumuiKate inw.
mediately aft^r the passage of tliis act, take measures to
promulgate this law within the limits of the city of Knox-
ville, and issue their proclamation for the election of of-
ficers, and cause the same to be published in all the news-
papers in said city for two weeks in succession, prior to
the day of election for said officers.
§ 11. Appeals shall be allowed from decisions in all Appeals,
cases arising uiider the provisions of this act, or any ordi-
nance parsed in pursuance thereof, to the circuit court of
Knox county, and every such appeal shall be taken and
granted in tliesame manner and with like effect as appeals
are taken from and granted b;> justices of the peace to the
circuit court, under the laws of this state.
§ 12. Whenever the mayor shall absent himself from v,,^.,„pj. i,. j,jp^^
the city, or shall resign or die, or his office shall' otherwise "^f^^y^r.
be vacated, the board of aldermen shall immediately j)ro-
ceed to elect one of tiieir number president, who shail be
mayor pro tern.
§ 13. This act is hereby declared to be a public act, P'*'^''<=*^*-
and may be read iu'evidence in all courts of law or equity
in this state without proof. ■'
§ 14. All acts, or parts of acts, coming within the -'^'^^ts repealed.
provisions of this charter, or contrary to or inconsistent
with its provisions, are heieby repealed.
6 15. The city marshal, or any other officer authorized "^^'"'^ ^^^ ^''"
to execute writs or other process issued by the mayor,
shall have power to execute the same anywhere within the
liniils of Knox county,, and sliall be entitled to tlie same
fees for traveling as are allowed to sheriffs in similar cases.
§ 16. Tiie common council of said city shall have no Bemitanes.
power to remit any fine imposed uj>on any person for the
violation of the laws or ordinances of said cit^, unless two-
thirds of all the aldermen authorized to be elected siiall
vote such remission ; nor shall anything in this act con-
tained be so constiued as to oust any court of jurisdiction
to abate and remove nuisances in the streets or any other
parts of said city, by indictments or otherwise.
1853.
232
rote rescinded.
AMesgnients.
Prssecutions.
iDtoKlcating
i;uors.
§ 17. No vote of the common council sliall be recon-
sidered or rescinded at a special meeting of said council,
unless at such special meeting there be present as large a
number of aldermen as were present when such vote was
taken.
§ 18. Every assessment or tax levied or assessed by
the common council, the collection of which shall be de-
layed by injunction or other judicial proceeding, shall be a
lien upon the property or premises assessed for the period
of one year after the final disposition of the injunction or
other judicial proceedings, unless said injunction s'lall be
sustained. Secondly — if at any sale of real or personal
estate for taxes or assessments levied or assessed by the
common council, in virtue of any of its corporate powers,
no bids shall be made for any parcel of land or any goods
and chattels, the same shall be struck off to the city; and
thereupon the city shall receive, in the corporate name, a
certificate of the sale thereof, and shall be vested with the
same rights as other purchasers under the revenue laws of
this state at such sales.
§ 19. In all prosecutions for violations of any ordinan-
ces of said city, the first process shall be a summons, unless
oath or affirmation be made by some officer of said city, or
other persons, for a warrant, as in other cases before jus-
tices of the peace. Secondly — in ail suits for the violation
of ordinances, the writ shall specify the particular clause of
the ordinance violated.
§ 20. Nothing in this act shall be construed to author-
ize said city to license the sale of intoxicating liquors.
§ 21. This act to take effect and be m force from and
after its passage.
Approved February 10, 1853.
■ AN ACT to incorporate the town of St. Charles.
Section 1. Be it enacted bij the people of the state of
Illiriuia, represented in. the General */9ssemblij^ That the
and ^tate of Illinois, are hereby constituted a body politic
and corporate, by the name and style of "The President and
Trustees of the Town of St. Charles," and by that name
and style shall have perpetual succession, and may have
and use a common seal, which they may change and alter
at pleasure, and in whom the government of the corpora-
tion shall be vested, and by whom its affairs shall be man-
ajred.
233 1853.
§ -2. The inhabitants of said town, by the name and General power«.
style aforesaid, may sue and be sued, iin})lead and be im-
pleaded, defend and be defended, in all courts of law or
equity, and in all actions whatever, and purciiase, receive
and iiold property, real and personal, within anci beyond the
limits of said town, for burial grounds or other purposes,
for the use of the inhabitants of said town, and may sell,
lease or dispose of pioperty, real and personal, for the ben-
efit of said town, and improve and protect such property,
and do all things in relation thereto as natural persons.
§ 3. That the boundaries of the corporation of said Bound art**,
town be as follows, to wit : Beginning three-fourths of a mile
east of the east end of the bridge that crosses tlie Fox river,
in said town, in the centre of Main street, on the })Hblic
highway that leads easterly fiom said bridge; from thence
soutlierly, at right at gles with a line drawn from said bridge
to said })oint oti said highway, three-fourtlis of a mile ; from
thence westerly, and at right angles with the last mentioned
line, one mile and a half; thence northerly, and at a right
angle with the last mentioned line, one mile and a half;
thence easterly, and at a right angle with the last mentioned
line, one mile and a half; thence southerly, to the place of
beginning: Provided, neverthe!ess, the president and trus-
tees of said town may, at any time, by ordinance, prescribe
other or different boundaries for said town, not exceeding
five miles square.
§ 4. Tlie })resident and trustees of said town, as incor- p^g,i^pj,j ^^^
porated under the general act of incorporation, are hereby trusteet.
appointed president and trustees of the said town, and shall
hold tljeir office until the first Monday of April next, and
until their successors are elected and qualified; and on the
first Tuesday of April next, or witiiin ten days thereafter,
and on the first Tuesday of April of every year tliereafter,
an election shall be held for five trustees of said town, who
shall hold their offices for one year, and until their succes-
sors are elected and qualified. And ten days' public no-
tice of the time and place of holding any election for trus-
tees shall be given by the president and trustees, or by
their clerk, by advertisements in any weekly newspaper
published in said town, or by posting up notices in three of
the most public places in said town. No ])erson shall be
elected trustee in said town who shall not be qualified to
vote for state and county officers, and who shall not have been
for oi:e year previous to such election a resident and buna
fide freeholder within the incorporated limits of said town.
§ 5. That at any election for trustees, every jjerson who gicettow.
shall be qualified to vote for state officers, and who shall
have a residence within the limits of said corporation for
six months previous to such election, may enjoy the right
of an elector.
1853. 234
rresxioot. § 6. That the trustees shall elect one of their ninaber
president, and shall be judges of the elections, qualifica-
tions and returns of their own members, a majority of whom
<j«,>ntiu. shall cousiitute a quorum to do business, but a smaller
number may adjourn from day to day, and compel the at-
tendance of absent members, in such manner and under
such petialties as they n)ay provide, and pumsh their mem-
bers for disorderly conduct, and by vote of three-fourths
of their whole number elected, .expel a member, and make
such otfier rules and regulations for their government as
to them may seem proper and expedient, and shall have
power to fill any vacancy in the board of trustees occa-
sioned by death, resignation or continued absence from
town for three months, or otherwise.
sne«u,kc. ^ 7, Xhe president and trustees of said town shall have
power to cause all tlie streets, alleys and public roads with-
in the limits of said town to be ke[)t in good repair, and to
this end they shall require every male resident of said
town, over the age of twenty-one years, to labor on the same
not exceeding three days in each and every year; and if
such labor be insufficient for that purpose, to appropriate
so much from the general fane's of the corporation as they
shall deem necessary tberofor.
2d. To open, alter, vacate, widen, extend, establish,
grade, pave or otherwise improve any streets, avenues,
lanes, alleys, public grounds and public roads within the
limits of said town.
!ax- 3d. To make, construct and keep in repair side-walks
or pavements in front of any lot or lots adjacent to any street
or streets in said town, and to levy and collect a tax from
time to time upon the lot or lots in front of which such
side-walks or j)avemen(s are or shall be ordered and pro-
posed to be made, constructed or kept in repair : Pruvided,
such tax shall be on such lots proportionate to the length
of their respective fronts. And until the said president and
trustees shall provide by ordinance for the levying and col-
lecting of said tax, they shall enter upon the records of
the corporation whenever they shall desire to collect such
tax a resolution that such tax shall be levied and collected,
and the number of the lot or lots upon which the tax is
proposed to be collected, and the amount upon each lot,
and a certified copy of such resolution shall oe filed in the
office of the clerk of the county court. It shall then be
collected In the manner provided in she ninth section of an
act entitled, "An act to incorporate towns and cities," ap-
proved February lOth, 1849, for the collection of other
coi'poration taxes.
4th. To levy and collect taxes upon all property, real
and personal, within the limits of said corporation, not ex-
ceeding one per cent, per annum upon the assessed valu-
235 1853.
ation thereof, and may enforce tlie payment thereof in any
manner to be prescribed by ordinance, not repugnant to
the constitution of the United States and of this st^te ; but
until they provide by ordinance for enforcing the pa^ mcnt
thereof, tliey shall be collected in the manner provided by
the ninth section of tl»e act aforesaid.
5th. To restrain, regulate and prohibit the running atPTevontcauic,&,T
large of cattle, horses, siieep, swine, goats and other ani- ^"^^"■"B*»'»^e.
mals, and to authorize the distraining,"impounding and sale
of the same, and to prohibit any indecent exhibition of hor-
ses and other animals.
6th. To prevent and regulate the running at large of Powers of ir»5-
dogs, and authorizing the destruction of the same when at ^'"'
large contrary to any ordinance.
7th. To regulate and prohibit any indecent exposure of
person.
8th. To prevent horse racing or any immoderate riding
or driving within the limits of said town of horses or other
animals. To prohibit the abuse of animals. To compel
persons to fasten their horses or other animals attached to
vehicles or otherwise while standing or remaining, in any
street, alley or public road in said town.
9th. To establish and maintain a public pound, and to
appoint a pound master and prescribe his duties.
10th. To restrain and prohibit all descriptions of gam-
bling and fraudulent abuses, and to suppress and prohibit '
billiard tables, ball alleys and other gaming establishments.
Uth. To suppress and prohibit disorderly houses or
groceries and iiouses of ill fame.
12th. To license, regulate, suppress and prohibit all
exhibitions of common siiowmen, shows of every kind, car-
avans, circuses and exhibitions and amusements.
13th. To prevent, suppress and prohibit any riot, affray,,
disturbance or disorderly assemblage, assaults, assaults and
batteries or shooting within the limits of said town.
14lh. To abate and remove nuisances and to punish the
authors thereof, and to define and declare what shall be
deemed nuisances and otherwise, and direct the summary
abatement thereof.
15th. To make regulations to prevent the introduction
of contagious diseases into the town, and execute the same for
any disease, not exceeding two miles from the limits tliereof.
i6th. To regulate the storage of gunpowder and other
combustible materials.
17tli. To provide for the prevention and extinguish-
ment of fires, aiid to organize and establish fire compcinies.
18th. To provide tlie town with water for the extinguish-
ment of fires and for the convenience of the inhabitants.
19th. To provide for enclosing, imj)roving and regulating
all public grounds or other lands belonging to said town.
1863.
236
20th. To provide for the erecting all needful buildings
for the use of said town and the county by themselves or
in conjunction with the county.
21st. To make all necessary regulations to secure the
general health of the inhabitants thereof.
22d. To suppress and prohibit the selling, bartering,
exchanging and traffic of wines, gin, rum, brandy, whisky
or other intoxicating liquors within the limits of said tnwn :
Provided., that they may allow druggists to sell the same in
good faith for purely nn dicinal, mechanical or sacramental
purposes, and for no other purpose.
23d. To appropriate and provide for the payment of
any debts or exj)enses of the town, and to fix the compen-
sation of town officers.
24th. To make all ordinances which shall be necessary
and proper for carrying into execution the powers speci-
fied in tliis act, or which they may deem necessary or ex-
pedient for the better regulation of the internal police of
said town, and to execute the same, and to impose fines, for-
feitures and penalties for the breach of any ordinance or
any of 'the provisions of this act, and to provide for tlie re-
covery and appropriation of such fines and forfeiture's and
the enforcement of such penalties : Provided^ that in no
case, except for assault, assault and baltery, riots, and af-
frays, shall any such fine exceed the sum of twent}-five
dollars for any one offence.
§ 8. That the president and trustees of said town shall
have power to appoint a town constable for said town,
whose duty it shall be, when so appointed and sworn into
office, to execute any where any writ, process or precept
whicli may be issued against anj person or persons foi- the
violation of any ordinance of said corporation, and to arrest
or receive any and all persons who may violate the ^^anle,
and take them before any justice of the peace of said town,
and to collect any fines, forfeitures and penalties which may
be assessed or recovered for the use of said town, and to
perform any and all other duties which are n()X\'^ or shall
hereafter be prescribed by any general statute of the state
to be done or j>erformed by constables any where in Kane
county : Pruvided., that any other constable of the county
may execute any process issued by any justice of the peace
by virtue of this act. Also, to appoint a clerk, treasurer,
street commissioner, board of liealth and all other otHcers
that may be necessary, and to prescribe their duties, and
may require bonds from the several officers for the faithful
discharge of their duties.
§ 9. The president and trustees shall require their clerk,
and it shall be his duty to make and keep a full and faith-
ful record of all their j)roceedings, by-laws and ordinances,
and of the time, manner and plt^ce of publi^^ation of suih by-
237 1853.
laws in a book to be provided for that purpose, and such book
purporting to be the records of the corporation of the town
of St. Ciiarles, shall be received in all courts, without fur-
ther proof, as evidence of all matters therein contained.
And all ordinances, before taking eiFect, shall be published
at least ten days in a newspaper published in said town, or
be posting up printed copies of the same in at least three
of the most public places in the town.
§ 10. Any fine, penalty or forfeiture incurred under psneg, penaiuc-s
this act, or any by-law or ordinance made in pursuance of and forfeimes.
this act or of any act that may be passed amendatory to
this act, may be recovered, together with costs, before any
justice of the peace in the corporate name; and the several
fines, forfeitures or penalties for breaches of the same ordi-
nances or by-laws, not exceeding one hundred dollars, may
be recovered in one suit; and the first process shall be a
summons unless oath or affirmation be made for a warrant
by same creditable person; but in all cases of assaults, as-
saults and batteries, affrays or riot, a warrant sliall issue
for the arrest of the offender in the same manner as for like
offences against the laws of the state. It shall be lawful
to declare generally in debt for such fines, penalties and
forfeitures, stating the clause of the act or the ordinance
or by-law under which the same are claimed, and to give
the special matter in evidence under the declaration, and
the justice shall proceed to hear and determine the cause,
as in other cases. Upon the rendition of judgment for any
such fine or fines, penalties or forfeitures, the justice shall
issue his execution for the same and costs of suit, which
may be levied upon any of the personal property of tlie de-
fendant or defendants not exempt from execution. If the
constable shall return upon such execution no property
found, then the justice shall issue a capias against the body
of the defendant or defendants, and the constable shall ar-
rest such person or persons and commit him, her or them
to the jail of the county, there to remain forty-eight hours ;
and if the judgment and costs exceed five dollars, then to
remain in close custody in said jail twenty-four hours for
every two dollars over and above tlip: said five dollars, and
so in proportion to the amount of the said judgment and
costs: Provided, huivever, [[ the said president and trus-
tees, or their attorney, shall require a transcript of the
judgment and costs, to be certified to the clerk of the cir-
cuit court of the proper county, to have the same levied
upon real property, and signify the same in wilting to him,
he shall not issue a capias as aforesaid, but shall, without
delay, certify a transcript thereof and of all the proceedings
according to law to such clerk, which shall be filed and
recorded as in other cases, and such judgment shall have
the same force and effect as judgments rendered in said
1853. 238
circuit court: Proru/ecl^ an appeal may be granted within
five days after the rendition of judgment, with the same
force and effect, rights and privileges to all parties, as in
other cases.
§ 11. The justice of the peace and constable who may
render services under this act, shall be entitled to the same
fees and collect them in the same manner as now is or
hereafter may be required by law in other cases.
§ 12. Tlie president and trustees shall i.otbe required,
insults instituted under this actor ordinance passed by vir-
tue thereof, to file before the commencement of any such
suit any secufity for costs.
.... 6 13. All fines, forfeitures and penalties received or
Haes, forrcltures 3 iii/- t* i- in
»ud penalties. coUccted for t'.ie breach of any orduiance or this act, sliall
be paid into the treasury of said corporation by the officer
or person receiving or collecting the same.
Boad labor § ^ "*• The inhabitants of Said towu are hereby exempted
from working upon any road beyond the limits of the cor-
poration, and irom paying any tax upon property within its
limits to procure laborers to work upon any such road.
Bridge. § 15. Nothing in this act contained shall require the
inhabltai ts of said town, in their corporate capacity, to
■ build or keep in repair a bridge across Fox river.
§ 16. All ordinances, by-laws and resolutions passed
by the president and trustees of the town of St. Charles, as
incorporated under the general law, and which are now in
force and not inconsistent herewith, shall remain in force
until the same shall be repealed by the president and trus-
tees of the corporation created by this act.
S 17. All actions, rights, fines, penalties and forfeitures,
in suit or otherwise, which have accrued to or have been
commenced by the president and trustees of the town of
St. Charles, as Incorporated under the general law, shall
be vested in and prosecuted by the corporation hereby
created.
^gp,.,^y § 18. All property, real or personal, or any estate or
interest therein, held by or belonging to the president and
trustees of the town of St. Charles, as incorporated under
the general law, for the use of the inhabitants thereof, shall
be and the same are hereby declared to be vested in the
corporation hereby created.
§ 19. This charter shall not invalidate any act done by
the president and trustees of the town of St. Charles as at
present incorporated; and all taxes, assessments in favor of
said corporation and which have not yet been paid into the
treasury thereof, shall, when collected, be paid into the
treasury of the corporation hereby created.
§ 20. This act is hereby declared to be a public act, and
may be read in evidence in all courts of law or equity
239 1853.
within this state witliout proof. This act to take eftect
and be in force from and after its passage.
Approved February 12, 1853.
AN ACT to incorporate the town of Grafton. in force Fob. 12.
1853.
Section 1. Be it enacted by the people of the state of
Illinois^ represented in the General Assembly^ Tiiat the
resident inhabitants of the town of Grafton, as set fyrth
in section two, are hereby made a body corporate and Body corporat«.
politic in law and in fact by the name and style of "The
President and Board of Trustees of the town of Graf-
ton," and by that name shall have perpetual succession. General power*,
and a common seal, which they may alter at pleasure ; and
by said name they may sue and be sued, implead, answer,
or defend in any court of competent jurisdiction, and in
which the government of the corporation shall be vested
and by whom its affairs shall be managed.
§ 2. The said corporation shall extend to and embrace BouDdarie;..
all tiie lands and lots of said town, within the following
boundaries, to wit : Commencing at the foot of State street,
on the Mississippi river ; thence north along said street to
Russell street ; thence west along said street till said line
intersects an imaginary line, directly north of the point
where the 16th section intersects the Mississippi river,
and thence, in the Mississijjpi, to the place of beginning.
More particular description of said boundaries may be had
by reference to the recorded plat of said town.
§ 3. That there shall, on the first Monday of April ^.,3^,^,^,,.^
next, and on the first Monday of April thereafter, annually,
be elected, five trustees for said tow^n, who shall hold their
offices for one year, and until their successors are elected
and qualified; and notice of the time and place of tiie first
election shall be given by the now acting president and
trustees, by posting up four notices of the same, and giving
at least ten days' notice, and annually thereafter notices
of elections shall be given by the president and trustees,
by publication in a newspaper, if any shall be published
in said town, or by posting four notices in public places
in said town, giving the time of notice as aforesaid. No
person shall be a trustee of said town who has not arrived
at the age of twenty-one years, who has not resided six
months in said town next preceding his election, and who
has not paid a corporation tax.
§ 4. All white male inhabitants over twenty-one years votere
of aore who have resided in said town three months next
1853. 240
preceding an election, and who are qualified to vote for
members of the general assembly, shall be entitled to vote
for trustees; and the said trustees shall, at their first meet-
ing, proceed to elect one of their body president, and shall
have power to fill all vacancies in said board that may be
occasioned by death, resignation, removal, six months'
absence from the town, or otherwise, and to appoint a clerk,
assessor, treasurer, street commissioner and town consta-
ble, who sliall be collector, who shall give bond and
security in such amounts as the trustees may require.
land. § 5. The said corporation is hereby made capable in
law to take and hold to themselves and their successors
any lands, tenements and hereditaments, and the rents,
issues and profits, that may be necessary for the erection
of a market house, or other public buildings necessary to
promote tlie interests and public good of the citizens of
said town, and the same again to alien, sell, lease or other-
wise dispose of, when necessary; they shall also have power
to regulate, grade, pave and improve the river bank, the
streets, lanes and alleys within the limits of said town and
corporation : Provided^ said corporation shall not have
power to borrow money and pledge its revenues, or any
part thereof, for any purpose whatever, without the con-
sent of a majority of the legal voters of said town, who
may be assembled by the trustees thereof for thaj purpose,
on giving ten days' notice of the time and place of such
voting.
r^s. § 6. The trustees aforesaid and their successors in
office, or a majority of them, shall have power to ordain
and establish such rules and regulations for the transaction
of the busines and concerns of the corj)oration as they may
deem expedient, and to ordain and establish such by-laws,
ordinances and regulations as shall be necessary for the
good order and government of said corporation and for the
management, disposition and application of its corporate
property, and generally to execute all such acts and powers
requisite to the full exercise of the powers hereby con-
ferred and not contrary to the laws and constitution of
the state.
§ 7. The said trustees shall have power to levy and
collect a tax, in addition to the state and county taxes, not
exceeding one per cent., on all lots and improvements lying
and being within the corporate limits of said town, accord-
ing to valuation; to tax and license public shows and the-
atrical amusements, houses of public entertainment, tav-
erns and stores in said town, or lying at the landing on
the river, for the purpose of improving the streets, bridges,
public commons and landings along the river, and to keep
them clean and in good repair, and to defray the necessary
expenses of said corporation, and for the purpose of erect-
241 1853.
ing such buildings and works of public utility as the in-
terests and convenience of tlie inhabitants may require,
and the circumstances render necessary; and their license
so granted by the trustees of said town to' public shows
and taverns, shall except said public siiows and taverns
from obtaining a license from the county of Jersey, for the
privileges granted them while in the limits of the corpora-
tion of said tosvn, but shall not exempt them from paying
county or state tax according to valuation.
§ 8. Said trustees may adopt such modes and means At^L^essmont;; a
for the assessment and collection of taxes as they, may taxcs!''^"
from time to time Hx upon and determine by ordinance,
and prescribe the manner of selling property when the
taxes levied and assessed upon it are not paid : Provided^
that all the proceedings shall be had in reference to delin-
quent taxes as are now or shall be required by the revenue
laws for the collection of the state and county taxes, and
the said collector shall give due notice by publication in a
newspaper, if any shall be published in the county of Jer-
sey, and make application to the county court of Jersey
county for judgment against said delinquent lands and lats,
and the said county court shall have jurisdiction over the
same. The sales of said lands and lots shall be held within
the corporate limits of said town, and the said constable
shall have full authority and power to make and execute
all deeds and conveyances under this act when thereto
directed by said board of trustees.
§ 9. That when any town lot or real estate shall be sale fw tax s.
sold for taxes by virtue of this act, the same may be re-
deemed at any time within two years from the date of such
sale by the owner of such property? or his or her agent,
executor, administrator or other representatives paying
to the t);easurer of said town t!ie amount of redemption
money required bj^ law in the same as is now provided or
may be provided for redemption under sales held for taxes
under the revenue laws, and the same rights shall be secured
to minors, femmes covert, etc., as is now provided by lav/.
§ 10. That the trustees of said tovv^n, or a majority o£
theni, shall have power to preserve good order and quiet' *>''^'^'"'**'''
in said tov/n, to punish public indecency, breaches of the
peace, bawdy houses, gaming houses, riots, affrays, shoot-
ing within the limits of the incorporation, and all disorderly
houses, to remove obstructions and all nuisances from the
streets, alleys, public ways and landings of said town, to
keep the same clean and in good repair, for which purpose
they may make such by-laws and ordinances as to them,
may seem necessary, and not inconsistent with any public
law of this state, and impose fines for the breach thereof,
which fines shall be recoverable before any justice of the
peace residing in said town; and all suits and judicial pro-
[ Q J
1853.
242
ceedings under tiiis act on behalf of said corporation shall
be brought in the name of the president and board of trus-
tees of the town of Grafton.
Violation uf law. § H- ^t sllall be the duty of any justice of the peace
residing in said town, upon complaint on oath being made
to him of the violation of any law or ordinance of said
corporation, to issue his warrant directed to any constable
to apprehend tiie person or persons so offending, and bring
iiim or them forthwith before him, and if it shall appear
from the testimony that the accused has been guilty of the
violation of any la\v or ordinance of the corporation, the
said justice shall impose such fines as may be prescribed
in such law or ordinance, not to exceed in any instance the
sum of fifty dollars : Pr^ovided, that an appeal from such
decision may be taken to the circuit court of the county
of Jersey as in other cases, and all fines so recovered shall
be paid into the treasury of said corporation.
n- pair streets. § 12. It sliall be the duty of said trustees to cause all
streets, alleys, public roads and river landings in said cor-
poration limits to be kept in good repair, and for this pur-
pose they are authorized to require all the male inhabitants
of said town, over the age of twenty-one years and under
fifty, to labor on said streets, alleys, roads and landings,
not to exceed five days in each year, and if any such per-
son shall fail or refuse to perform such labor after notice
from the street commissioner in writing, he shall forfeit and
pay one dollar per day for such days, not exceeding five,
on which he shall fail to labor according to said notice, to
be recovered with costs before any justice of said town.
t;|.p.);>i tnx. § 1^' That upon application of two-thirds of the owners
of the front lots on any block, it shall be lawful for the
trustees to levy and collect a special tax on the owners of
the lots in said block, according to their respective fronts,
for the purpose of curbing and paving the side walks.
or.iiimnces. § 14. That all Ordinances of Said towu shall bc Written
out and signed by the president and clerk, and published
in a newspaper, or posted up at three of the most public
places in said town for ten days before said ordinance shall
be in force.
§ 15. Justices of the peace and constables who shall
render service under this act shall be entitled to have and
collect the same fees as are now })rovided for by law in
other cases.
§ 16. The president or any two trustees shall have
power to call a meeting of the board by giving one day's
notice thereof, and a majority shall constitute a quorum,
but a minority may adjourn from time to time, and compel
the attendance of absent members ; and if from any cause
an annual election shall not be holden at the ])roper time,
the same may be held at any time thereafter, the clerk of
X 243 1853.
t'le late i)oarJ, or any two trustees thereof, glvim^ notice
at least ten Jays previous of tiie time and place of holding
such special election.
§ 17. The qualified voters vvitiiin the corporation shall, votoonitnoipor^
at the first annual election for trustees, vote for or against '"^'""*
becoming incorporated under this act, and it a majority of
all the votes given at said election be in favor of being in-
corporated, tlien this act to be in force, otherwise to be
null and void. The return of said election to be made to
the clerk of the county cominissioners' court, who shall
examine the same as in other cases of elections, and it
shall be the duty of the clerk to give public notice by
putting up or causing to be put up notices in. writing, in
four of the most public places in said town, of the result
of said election, and if this act shall at said election be
accepted, then it shall be lawful for tiie board of trustees
under this act to receive and collect all moneys and pro-
perty belonging to said incorporated town, and they are
hereby authorized to complete and close up any outstand-
ing business of said town and liquidate all outstanding
claims.
§ 18. This act to be in force from and after its pas-
sage.
AN ACT to incorporate the Murphy sboro and Grand Tower Plank Road in force Fti. 12,
Company. ^^^^•
Section 1. Be it enacted by the people oj the state of
I/li/iois, represented in the General t.^ssemh/>/, That James f'^'^p"''*"'""-
Evans, Benjamin F. Henson, Richard Worthen, James M.
Morgan and John M. Hanson, and all such persons as shall
hereafter become stockholders in the company hereby in-
corporated, their assigns and successors, be and tiiey are
hereby chartered and constituted a body corporate, and
by the name of the "Murphysboro and Grand Tower ^'a""' ^iistyi*-
Plank Road Company," that they have succession, be ca-
pable of suing and being sued, pleading and being implea- Gon.rai poweis.
ded, within all courts of thii state, of contracting and being
contracted with, of purchasing, selling, holding and con-
veying real estate and personal property, so far as may be
necessary and convenient to enable them to build, con-
struct and complete a plank road from the Big Hill, in
Jackson county, across the Mississi})pi Swamp, at or near
Kinkaid, in the direction of Murphysboro, in Jackson
county, and have all other necessary powers to ciirry out the
1853.
244
privileges and franchises herein granted, with power to
make by-laws, rules and regulations for the management
of its property, the stock of said company and to regulate
its affairs. i n i x
§ 2. The capital stock of said company shall be ten
thousand dollars, in shares of twenty-five dollars each,
which is declared to be personal property, transferable by
assignment. When the capital arising from said stock is
invested and expended in the objects of this charter, the
stock of said company may from time to time be increased
in amounts of fifty dollars each as required in the comple-
tion of said work, hut said stock shall not be increased be-
yond twenty thousand dollars.
§ 3. Said plank road company,, when said road is con-
structed in whole or in part, may collect such tolls for trav-
eling thereon as the county court of Jackson county may
determine. ,
§ 4. If any person shall wilfully do or cause to oe done
any act or acts whatever whereby any damage may be done
to said road, or any construction or work of said corpora-
tion, the person or persons so offending, on conviction
thereof, shall forfeit and pay to the said corporation treble
the amount of damages sustained by means of such injury,
to be recovered in the name of said corporation in any court
of this state bv action of debt, trespass or trespass on the
case, with costs of suit; and notliing herein contained, m
consequence of a recovery thereof, shall be a bar to the
punishment of such offenders under the criminal laws of
this state. . r ^ i •
§ 5. Said company shall have the privilege ot taking
and using the timber and such materials as are necessary
for the construction of said plank road from any swamp
lands or other lands belonging to the state, with the right
of way through the same. .
§ 6. This act is declared to be a public act, and is to
be construed liberally, to promote and carry out the ob-
jects herein intended.
Approved February 12, 1853.
m force Feb.
1853.
AN ACT to incorporate the Seneca Plank Road Company.
Section 1. Be it enacted hij the people of the state of
Illinois, represented in the General Assembly, That all such
persons as shall become stockholders agreeably to the pro-
visions of this act in the corporation hereby created shall
be and continue to be a body corporate and politic, under
245 1853.
the name of the "Seneca Plank Road Company," and by .Name.-»t.a siy
that name sliall have succession forever; may sue and be
sued, complain and defend, in any court of law or equity in
this state; may make and use a common seal, alter the same
at pleasure; may make by-laws, rules and regulations for
ths\ppointment of officers and their number, and for the
transfer of its stock, far the management of its property,
and for any purpose for the better regulation and control-
ino- said company, not inconsistent with the laws and con-
stitution of tlie United States or of this state ; may appoint
subordinate officers, and require of them and their agents
such security as may be deem_cd necessary under the said
restrictions, to carry out and sustain said corporation in the
exercise of its powers.
§ 2. Said corporation shall have power and the rightaenera; powe
to construct, and during its continuance, to maintain a plank
road of such width as maybe deemed advisable by the di-
rectors of said company, and upon the usual and best mode
of constructing the same, with such appendages as may be
deemed necessary for the convenient use of the same, from
the Illinois river,' in the town of Manlius, and county of
La Salle, in a northwardly direction, to Cratty's v/arehouse,
now erected on the north side of the Illinois and Michigan
Canal ; thence north to Cratty's store, and from thence to
Seneca Station, sec. 23, on the Chicago and Rock Island ^^^^^^ ^^
Railroad, with the right to construct branch roads from stniL "
such proper and convenient points as in the judgment of
said directors shall best promote the interest of said com-
pany ; also, to build a j)lank road in a northwardly direc-
tion from Seneca Station to such point on Fox river as
shall be determined by the directors of said company as ^
most favorable to the interests of same.
8 3. Tlic capital stock of said company shall be one capuai stock.
hundred thousand dollars, which shall be considered per-
sonal property, and divided into shares of one hundred dol-
lars each.
§ 4. That Jeremiah Cratty, Franklin Maxcy, James commissionei
Macklin, Solomon S. Bell and Holderman, or a ma-
jority of them, shall be commissioners for receiving such
subs'crip'tions to the capital stock of said company, who
shall, by notices in|a public newspaper or papers in La-
Salle county, and also by affixing notices in three of the
most public places on the line of said road, and also three
notices in the town of Manlius, setting forth when and where
the books \*[11 be opened for receivhig subscriptions to the
capital stock of said corporation, at least thirty days before
the opening of said books. The books shall be opened at
least three days in Manlius, and one day each at such points
on the line of the road as shall be designated by said notices.
1853. 246
i;u!,sTi[)tioi.s. § 5. The said commissioners may solicit and receive
subscriptions from time to time at their pleasure after open-
ing said books at their different places designated, until
they shall have subscriptions of shai-es of said stock to the
amount of three liiousand dollars. When this amount shall
be subscribed the said commissioners shall notify the said
subscribers by a written or printed notice left at the place
of residence of each subscriber, setting forth that the
amount of three thousand dollars of the stock of said com-
pany has been subscribed, and that he is notified to attend
at a day and place fixed in said notice, at least thirty days
from the time of giving said notice, to elect five directors
by a majority of subscribers, to be styled a board of direc-
tors, to manage the affairs of the Seneca Plank Road Com-
pany, a majority of whom shall forn\ a quorum to do busi-
ness.
xotes. § 6. When any subscription to t!ie capital stock of said
company is made, it shall be the duty of tlie said commis-
sioners receiving the same to have printed blank notes in
readiness for subscribers to said stock to sign, which said
notes shall read as follows :
"I, A. B., (as the case may be,) in consideration of the
effort now making to construct a plank road by the Seneca
Plank Road Company, do hereby agree to pay the sum of
to the treasurer of the Seneca PJank Road Compa-
ny, ten per cent, of which I agree to pay forty days after
there has been three thousand dollars of the caj)ital stock
of said plank road company subscribed, and thereafter ten
per cent, of t!ie whole sum above mentioned each tliree
months, until the amount is fully paid. In default of
any of the above payments, after I have bi en notified
of such payments having become due as above, the
treasurer of said company is hereby authorized and em-
powered to confess a judgment for me and in my name,
and in any court having jurisdiction, which, may and shall
be as effectual and as good in law against nie and my
property as if I confessed the same in my own proper
person. Given under my hand and seal, this day of
, A. D. 185-. ^L. s. 1
Defftuit In pay- § '^ ' I" ^^l cascs wliere there is a default in the pay-
ment. m^.v\\. of stock notes, as above, the affidavit of the treasur-
er of said company that the j)ay was due, according to the
provisions of such stock iiote presented for judgment, shall
be suflicient evidence to allow the confession of judgment
on said note against the maker tiiereof. ^
.on.m,..ionovsto,, ^ '^- Ini'^.^'d lately after the election of directors and
deliver iw.k.s. tliB Organization ot ssid board, trie commissioiiers shall de-
liver to said directors or their treasurer the whole amount
of money and notes received by them on subscription ta
paid stock. '^ '
247 1853.
§ 9. The said corporation is authorized, as soon as the commence «
the board of directors are elected as aforesaid, to com- ''^'"''"^'"•
inencc the construction of said road, and as soon as one
mile of said road is completed, said corporation may erect
gates thereon and collect the toils allowed by this act;
and it shall be the duly of said corporation, when said road
shall liave been completed, and gates erected there on, to
keep it in good order and repair, and wiienever the said
road from any cause shall have been injured the said cor-
poration shall immediately proceed to repair the same.
The said corporation shall have power to borrow money
at a rate not to exceed twelve per cent, per annum for
any time to suit the convenience of said company.
§ 10. The said corporation shall have power to fixToii.
and regulate the toil to be charged and paid for traveling
and passing on said road ;. the rates so fixed shall be print-
ed and posted up at each toll-gate, and it shall be lawful
for any toll-gatherer to stop and detain any person going
on said road until the toll properly chargeable shall have
been paid, aiid the tolls collectable from those passing
along a portion of the line of said road, less than half the
length of said road, shall be charged only half the regular
toll as fixed by said company, and posted up in said toll-gate
houses.
§ 11. The said corporation may erect and maintain asndg?.
bridge on the line of their road across the Illinois and
Michigan Canal : Provided.) that the span of such bridge
shall not be less than the span of other bridges across said
canal, and not, in any manner, interfere with the naviga-
tion of tlie canal ; and said corporation may also construct a
bridge across the Illinois river at the point where their road
intersects the said river.
§ 12. There shall be mile posts erected on said road, '"■'^ ''"*"'
and if any person shall cut dov^^n, deface, tear up, or in
any other way injure said mile posts, or injure the road by
any means whatever, except by natural wear, he or she so
injuring said road shall pay to said company three times
the costs of such injury, to be collected before any court
having jurisdiction.
§ 13. The said corporation is hereby authorized to io-^'^'^'^ "^ "'^•'
cate and construct said plardc road over any lands owned
by this state iv^Q of charge, or by individuals on the route
of said road : Provided, said company shall not take land
to exceed eighty feet in width on said route : and is au-
thorized to acquire, by voluntary cession or purchase from
the owners, the right to construct said road over the land
of any individual, or cor[)oration, or company on said
route; and in ca^-e said company cannot obtain the right to
construct said road over tiie lands owned by individuals,
or company, or corporation, by voluntary cession or pur-
1853. 248
chase, it shall be lawful for said company to appropriate
and use so much of said land as shall be necessary for the
proper construction of said road on complying with the
following conditions.
ion county § 14. TJie directors of said road may present a pe-
'^'" tition to the judge of any court of record in any county in
which such lands may be, to which said corporation is un-
able to acquire title as aforesaid, setting forth by some
proper description the land wanted for tlie construction of
said road and the appendages thereto, and the names of
the owners thereof, if known, distinguishing with conven-
ience, if it can be done, the parcels claimed in gencralty
by the respective owner.'^, and praying for the appointment
of appraisers to assess the damage the owners of said land
will generally sustain by reason of the appropriation there-
of by the said corporation for the use aforesaid.
oijudge. § 15. The said judge, on receiving the said petition
from the directors ol said corporation, sliall proceed to ap-
point three discreet, disinterested freeholders, who shall
be sworn by said judge to take into consideration all the
advantages and disadvantages of said land sought to be
crossed by the said road, and if the advantages are consid-
ered to be equal to the disadvantages, there shall be no-
thing allowed, but if it shall be considered that the disad-
vantages of said road are greater than the advantages, the
said appraisers shall make such reasonable awards of dam-
ages as they may tliink the owner thereof has sustained.
.li^enient. § 16. That when tlie appraisers aforesaid have made
a full and entire appraisement of such lands petitioned to
be appraised, they shall, within ten days, make a full re-
port of such appraisement to the judge of said court, who,
on receiving the same, shall make a decree that a judg-
ment shall be entered of record by the clerk of said court
against said company for the benefit ai.d in favor of those
to whom damages are awarded, and when such judgment
shall be fully paid by said company they shall have all the
rights and privileges tliat they could have had the right
of way been ceded to the company ; and also the said judge
sha 1 decree that all such lands as were not considered by
said appraisers to be damaged by said road passing through
to be free to said company.
in;;. lenses § 17. Tlic clerlc of said court, on entering up the de-
crees of said court as aforesaid, shall make out a t\dl cer-
tificate, under the seal of the court, setting forth the fact that
the said company Lave, under the decree of said court,
obtained the full right of way, mentioning fully the right
of way granted.
§ 18. Should the said commissioners mentioned in tlii^
act fail to obtain su!)Scription to the full amount of the
capital stock of said company, those persons who do sub-
249 1853.
scribe may pay their money in, and at any time tiiey may
agree proceed to elect directors of said company, and also
to do all things necessary to carry every section oi' this
act into operation.
Approved February 12, 1853.
AN ACT to.i:;corporat?? the Wooiiford Coiintv Pia;ik Road Company. inforcc Feii. I'J.
1853.
Section 1. Be it enacted hy the people of the state
of Illinois, represented in the General ^'9ssembl>/, That
Ira Y. Munn, Harlow Barney, Jefferson Hushaw, R. C. corporators.
Dement, M. McManus, P. H. Wiilard, H. L. S. Haskill,
George Ray, L. C. Biaksley, J. W. Brinna, John Page, S.
J. Cross, Peter Doty, John J. Perry, Robert I. Cassel,
James S. Whitmore, and their associates and successors,
be and are liereby constituted a body corporate and politic,
to have perpetual existence and succession, to be known
as "The Woodford County Plank Road Company," and Name and styip.
by that name and style, may contract and be contracted
with, sue and be sued, plead and be impleaded, as a natural
person, and shall be so recognized in courts of law and
equity, and have a common seal, alter the same at pleasure ; General powers.
and they shall have })Ower, in their corporate name, for the
use of said corporation, to purchase and hold such real
•estate as may be necessary for the free enjoyment of all
privileges herein granted, for the purpose of constructing
a plank road from the town of Spring Bay, in Woodford
county, to and through Metamora to a point on the Illinois
Central Railroad, not m.ore than five miles north or south
of a due east line from Metamora.
§ 2. Said corporation may, by theirboard of directors, uy-uiwB.
make by-laws, rules and regulations for tlie management
of their property, regulation of their affairs, and for the
transfer of their stock, not inconsistent with the constitu-
tion and laws oS the United States or of this state ; and,
also, may erect and maintain one or more warehouses at
the eastern and western terminus of said road.
§ 3. The capital stock of said company may be Capita; stwv.
seventy-five tliousand dollars, which shall be considered
personal property, and be divided into shares of twenty-
five dollars each.
§ 4. Tiiat Ira Y. Munn, Harlow Barney, John J. Perry, commisstoners.
Peter Doty and S. J. Cross, or a majority of them, shall
be commissioners for receiving subscriptions to the stock
of said company, when and where, and after such notice
as they or a majority of them shall agree; and they may
185:5. 250
require partial payments thereof from time to time before
the subscriptions sliall all be tak'?n.
.^•eiiKiit of § ^* The atfairs of said company shall be managed by
''"• five directors, three of whom shall be a quorum to do and
perform the business of said company, who shall be chosen
as soon as the sum of fifteen thousand dollars shall be si.b-
scribed to the stock of said company. Said directors shall
continue in office one year, and until tlieir successors shall
be qualified; they shall be chosen by the stockholders, each
of wliom may vote personally or by proxy, casting as many
votes as each may own shares of stock. The first election
of directors shall be held at the time and place appointed
by the commissioners, and all subsequent elections may bo
held and regulated according to the by-laws of the company.
§ 6. Upon the election of directors and organization
inissioncrs of tlieir board, the said commissioners shall deliver to said
directors all moneys received by them on subscriptiDns of
stock and books of subscription, and other property of
said company.
'-lou.Mi § '^' '^'^^ ^^'^^ corporation is authorized, as soon as the
board of directors are elected, to commence the construc-
tion of said road, and as soon as any two miles thereof
shall be completed, may erect toll-gates thereon, and col-
lect the toils thereon, at any rate not exceeding three cents
per mile for any vehicle drawn by two horses, and other
teams in proportion. The said company may have power
to borrow not exceeding twenty thousand dollars, in such
mode as they may elect, to aid in constructing the said
road.
§ 8. Said company may procure, by purchase or gift,
iof"ay. fj.QYa the owners thereof, any lands or the right of way
over any lands necessary for the continuation of said road,
and the otlier purposes of this corporation as herein speci-
fied, and m.ay also agree for the use of any part of a public
highway tor the construction of said road, with the county
court of the county in wliich such highway may be situated-
Such agreement with said court shall be in writing, and
shall be filed and recorded in the oflice of the clerk of
said court. Before constructing said roagl said company
shall cause an accurate survey of said road, or such por-
tion of the same there proposed to be built, to be made by
a practical surveyor, signed by a majority of the directors,
acknowledged by them and filed in the olfice of the clerk
of the county court.
§ 9. The route surveyed as aforesaid shall be the route
of said road, unless altered by the directors, and in that
case such alterations shaU be signed, acknowledged and
filed as aforesaid, and the said company may thereuj)on
enter upon, take and hold, subject to the provisions of this
251 1853.
act, all such lands as the said survey or alterations thereto
shall describe as necessary for the construction of said
road, and that may be necessary to carry out the ])rovisions
of tliis act; but before entering upon any such ionds, the
company sliall purchase the same of the owners thereof,
or pursuant to the piovisions of this act, acquire the right
to enter u})on and hold the same.
5 10. If any owner of any such land shall from any iMnion cowny
cause be incapable of selling the same, or if said company J'"'='^-
cannot agree witli such owner for the purchase thereof, or
if after diligent inquiry tlie name and residence of any
such owner cannot be ascertained, or if such owner be a
non-resident of this state, the compan)' may present to the
county judge of the county in which the lands lie a peti-
tion setting forth the grounds of the application, a descrip-
tion of the lands in question, and the name and residence
of such owner, if known, and the means that have been
taken to ascertain the name and residence of sucli owner,
if unknown, and praying that the damages of the owner of
the lands described in the petition may be ascertained by
said court.
§ 11. Upon receiving such petition the said judge Duly of county
shall appoint a time, at some regular or special term of the J"^^*^"
county court of the count}^, for the hearing of the petition.
At least ten days' notice of the time and place of the liear-
ing of the petition shall be served persorTally upon each
owner of the lands described in the petition, if he resides
in the county where said lands are situated, and said notice
shall be served on all others in like mariner, or by publica-
tion thereof in some newspaper published in the county in
which the lands lie, and if there are none published in said
county, then in some newspaper published in an adjoining
county, the first of which publications shall be at least
sixty days before the hearing.
§ 12. At the time appointed for the hearing, the county
court sliall, after hearing tlie evidence offered by the par-
ties, assess and determine the damages which the owner
will derive from the building of said road. The assess-
ment of the court shall contain the name of the owner, if
known, and an accurate description of the lands to be
taken, and shall be entered of record by the clerk of said
court, and such assessment shall be final, subject only to
the right of appeal by either party to the circuit court, on
the same terms as is by law provided for appeals from the
county court in other cases.
§ 13. Within thirty days after the assessment of dam- Appeal.
ages by the county court as aforesaid, or after the final
trial in tlie appellate court, if any appeal be taken, or at
least before the said company shall take possession of said
land, the said company shall pay to the person entitled to
1853. 252
receive the same tlie amount assessed as such damages, or
sliall make a legal tender thereof to him, and in case the
owner or person entitled to receive the same is a non-resi-
dent, or not a resident of the county wherein said assess-
ment is made, or unknown, and proof being made of such
fact by affidavit, the county judge shall order the amount
due such owner to be deposited with the county treasurer
of the county in which the lands lie, for the use of the
owner. Thereupon the said company may take possession
of said lands^and hold the same in tiie same manner as
those acquired by purchase or gift, for the purposes of
said road.
penauy),,.' inju- § H. If any pcrsou or persons shall wilfully cut down
'^- or break, deface or injure any mile post or posts on any such
road, or shall wilfully cut or throw down, break or 'injure
any gate, fence or appendage erected on said road, or wil-
fully tear up, displace, break or injure in any way said
road, or any thing thereunto belonging or being an appen-
dage for the use and convenience of such road, he or they
shall, respectively and individually, forfeit and pay to said
company three times the amount of damage actually done,
and in every instance he or she shall forfeit and pay at least
the sum of twenty-five dollars. If any person, to avoid the
legal tolls chargeable on said road, turn off said road and
pass around and avoid any gate on said road, he or s!ie
shall forfeit and pay to said company, for every offence, the
sum of ten dollars. If any person shall forcibly pass any
toll-gate on said road without having paid the legal toll as
fixed by the directors, without the permission of the toll-
collector, he or she shall forfeit and pay to said company
the sum of twenty-five dollars for each offence.
Rff.;iveryof pen- § 15.^ All penalties and forfeitures incurred under
^'""'- the provisions of this act may be recovered by action of
debt in any court having cognizance thereof;' and when
the penalty or forfeiture docs not exceed one hundred dol-
lars the same may be prosecuted and reco\ered before^
any justice of the peace of the county where the offender
or offenders may be found. All suits by and against said
company shall be brouglit and prosecuted to judgment in
and by their said corporate name.
Transfer of stock § 1^. The sliares of this company may be transferred
by assignment, and any subscriber to the capital stock of
said company sliall not be responsible beyond tlie actual
amount of stock by him subscribed.
woo.((or(i county § 17. That the county of Woodford may subscribe to
b"tocic. '""'"""^ *^^i*^ capital stock of said company any sum not exceeding
twenty thousand dollars, and it shall be the duty of the
judge of the county court, before subscrijing to said cap-
ital stock, to give notice iind cause an election to be held
at the usual placeof holding elections in .^aid county; which
253 1853.
election shall be conducted as other elections, and the re-
turn of the votes made and canvassed as in other eases,
and if a majority of the votes cast at said election shall be
in favor of subscribing to said capital stock, tiien the said
county judge shall subscribe to the capital stock of said
company the amount voted for at such election.
§ 18. The county judge may, if the majority of said
votes cast at said election shall be in favor of taking stock
in said company, issue the bonds of said company for the
payment of said stock in any sum not less tlian five hundred
dollars, and bearing interest not exceeding eight per cent,
per annum, and payable not exceeding twenty years. Said
interest shall be payable annually.
§ 19. Said stock subscribed by said county shall be stock^^^ubscnbed
under the direction of the county court.
§ 20. This act of incorporation is hereby declared a
public act.
Approved Feb. 12, 1853,
AN ACr to incorporate the town of Dixon, in Lee county. m force Feb, to,
Section 1. Be it enacted hy the people of the state of
llhmm, represented in the General Jlssembly^ That the Body ^wrat"
inhabitants and the residents in the town of Dixon are
hereby made a body corporate and politic, in law and in
fact, by the name and style of " The President and Board
of Trustees of the Town of Dixon ;" and by that name shall
have perpetual succession and a common seal, which they
may alter at pleasure, and in whom the government of the
corporation shall be vested, and by whom its affairs shall
be managed.
§ 2, The boundaries of said incorporation shall include Boumiary.
the east half and the northwest quarter of section number
five, and the west half of the northwest quarter of section
number four, in township twenty-one, and the east [half] of
section number thirty-two, and the fraction south of Rock
river of the southeast quarter of said section number thir-
ty-two, in township twenty-two, of range number nine,
east of the fourth principal meridian, in tiie Dixon land
district.
§ 3. There shall, on the first Monday of March next. Election.
and on the first Monday of March annually thereafter, be
elected five trustees, wlio shall hold their offices for one
year and until their successors shall be elected and qual-
ified. Public notice of the holding of said first election
shall be given by the president and trustees of said town,
1853. 254
then in office, as iieretofore incorporated, and of every
subsequent election by the president and trustees tlien in
office, by an ad\'ertisement published in a newspaper in
said town, or if there shall be no such newspaper by post-
ing such notice in at least three public places in said town
at least teii days before the day of election. No person
shall be a trustee of said town wlio has not arrived at the
age of twenty-one years, and who has not resided in said
town one year next preceding his election. All free, white
male citizuns of l!ie state, over twc-nty-ono years of age,
who shall have resided in said town for three months next
preceding an election, shall be entitled to vote at any town
election. The said trustees shall, at their first meeting,
proceed to elect one of their body president, and shall have
power to fill all vacancies in said board which may be oc-
casioned by death, resignation, or removal, or six months'
absence from the town, and to appoint a clerk, an assessor,
a treasurer, a street inspector and a town constable — each
of said officers to give bond and security in such amount
as the trustees may require — and it shall be the duty of said
constable to collect all fines and serve all processes at the
suit of the corporation, and to do such other matters and
things pertaining to the office as may be required of him by
the ordinances and by-laws of said corporation.
§ 4. The said corporation is hereby made capable in
law to take and hold, themselves and their successors, any
lands, tenements and herediments, and the rents, issues and
profits thereof, which may be necessary for the erection
obi!iuii;n;». and support of any public school house or houses, market
houses or other public buildings, or for the purpose of a
burying ground, which burying ground may, if they think
fit, be held and owned outside of the limits of the
town; and all, or any of the same, to grant, sell and dis-
pose of if necessary ; and for the purpose of buying any-
such lands or of erecting any such buildings, to negotiate
loans and borrow money on the credit of such corporation
in such manner and on such terms as to them rl.all seem
t,. best. They shall also have power to regulate, grade, pave
and improve the streets and alleys within the limits of said
towxi^ and to extend, open and v/iden the same, making the
persons injured thereby, or by reason of any acts done by
virtue of the provisions of this act, adequate compensation,
to ascertain which the board !.diall cause to be summoned
six good and lawful men, freeholders and inhabitants of said
town, not directly interested, who being first duly sworn for
tlie purpose beibre any justice of the peace residing in said
town, shall inquire into and take into consideration as well
the benefits as the injury which may accrue, ajid estimate
the damages which would be sustained by reason of the
opening, extending or widening of any street, avenue, lane
255 1853.
or alley, and shall, moreover, estimate the amount which
other persons will be benefited thereby, a]id shall contribute
towards compensating the person injured ; all of which
shall be returned to tlie board of trustees under their hands
and seab, and the person who shall be benefited and so
assessed shall pay tiieir assessment in such manner as shall
be provided by said board, and the residue, if any, sliidi be
paid out of the town treasury ; and said corporation shall
have power to sue and be sued, plead, answer and be
answered, in any court whatever.
§ 5. The trustees aforesaid, and their successors inR„i,.s mui rrgu-
office, or a majority of them, shall have full power and au- '"iions.
thority to establish such rules and regulations for their
government and direction, and for the transaction of the
business and concerns of the corporation as they ma}) deem
expedient, and to ordain, establisii and put into execution
such by-laws, ordinances and regvdations as to them shall
seem necessary for the government of said corporation,
and for the management, control, disposition and applica-
tion of its corporate property, and generally to do and ex-
ecute all and singular such acts, matters and things which
to them may seem necessary, and not contrary to the con-
stitution and laws of this state.
§ 6. The said trustees shall have power to levy and Levy an.i ..oiiect
collect a tax not exceeding one-half of one per cent, on ^^"""
all real estate lying and being within the incorporate limits
of said tov."n, according to valuation; to tax public shows
and houses of public entertainment, taverns, stores and
groceries, for all revenue purposes ; and said trustees may
adopt sucli modes and means for the assessment and col-
lection of taxes as they may from time to time fix upon
and determine, and prescribe the manner of selling property
when the tax assessed thereon shall not be paid : Provided^
no sale of any town lots or other real estate shall be made
until public notice of the time and place thereof shall be
given by advertisement in a newspaper printed in said
town, or should there be no such paper, by posting the
same in four of the most public places in said town ; such
notice to be given at least fifteen days previous to any
such sale: And provided further, that in conducting such
sale the provisions of the law then in force concerning
public revenue, so far as the same may be applicable,
shall be complied with, and the property sold shall be sub-
ject to redemption at any time within two years from the
date of such sale, by the owner of said property, or his or
her agent, executor or administrator, paving to the treasu-
rer of tlia town, for tlie use of Uit' purchaser of said pro-
perty, double the amount of the purchase money and costs
thereon.
1853. 256
.'...rvegoodor- § 7. The trustees of said town shall have power to
preserve good order and harmony in said town, to punish
for_ open indecency, breaclies of the peace, gamblinff,
uaming. maintaining gaming liouses, for liorse racing, shootino-, as-
saults, assault and battery, and all disorderly conduct and
riotous meetings, to remove obstructions in the streets and
alleys, to declare what shall be deemed nuisances and pro-
vide for their removal, to make regulations to secure the
general health of the inhabitants, and to prevent the in-
troduction of contagious diseases, and for^he prevention
and extinguishment of fires; for which purpose they may
make sucli by-laws and ordinances as to them may seem
expedient, not inconsistent with any law of this state, and
may impose fines for the breach thereof, which shall be
recoverable before any justice- of the peace residinfr in said
town. °
Duty of Justice of § §. It shall 06 thc duty of any justicc of the peacB
uuorof'ouir.^'esiding in said town, and he is hereby authorized and
..ancos. empowered, upon the violation of any law or ordinance of
said corporation, to issue his warrant directed to the town
constable or any authorized oflicer, commanding such
officer to apprehend the oft'cnder or offenders, and bring
him or them forthwith before such justice, or in case of his
absence, before some other justice of the peace residing
in said town, and after hearing the evidence, if it shall
appear that the said accused has been guilty of such viola-
tion of such law or ordinance, to impose such fine or im-
prisonment as shall be prescribed by such law or ordinance :
Provided^ such fine shall not exceed ten dollars, nor such
imprisonment continue longer than twenty-four hours for
any one offence : And provided, also, that writs of certi-
orari and appeals shall be granted from judgments under
this act as in other cases, and all such fines shall be paid
into the treasury of said town.
spc<!.itax. § 9- C>n application of the owners of two-thirds of the
ots on any street or block, or part of a street, it shall be
lawful for the trustees to levy and collect a special tax on
the owners of the lots on said street, block, or part of a
street, according to their respective fronts, not exceedina
one per cent., for the purpose of grading and paving th?
side walks fronting such lots. o r a
§ 10. All ordinances of said corporation shall be sign-
ed by the clerk and published in a newspaper printed in
said town, or, should there be no such paper, shall be
posted up in three of the most public places in said town '
and no ordinance shall be in force until published as
aforesaid at least ten days before going into effect of the
same, and the certificate of the clerk of the board of trus-
tees shall be evidence of the fact of publication.
I iibUcatlorj of or
dinanccs.
257 1853.
§ 11. Justices of the peace and constables who may Fees.
be required to render services under tliis act shall be en-
titled to the same fees, and to collect the same in like
manner, as now is or hereafter may be provided by law
in similar cases.
§ 12. The president or any two trustees shall #ave special meeting,,
power to call meetings of the board by giving the mem-
bers one day's notice thereof. A majority of the board
shall constitute a quoruzn, but a minority shall have the pow-
to adjourn from time to time, and to compel the attend-
ance of members. In the event of a failure to elect trus-
tees at the time for the annual election, it shall be lawful
for the clerk 'of the board last elected, or any two quali-
fied voters of said town, at any time thereafter, to give
notice, as hereinbefore provided, of the time and place of
holding a special election, and the trustees elected at
such election shall have all the powers conferred by this
act. •
§ 13. The trustees of said town shall have power toMiiis ana miii-
authorize the construction of mills and mill-races, and feed- ""'*
ers on and through the river streets at such places and under
such restrictions as they shall think proper. They shall
also have power to vacate any streets or alleys, or part or
parts of any street or streets or alleys, ijiaking in all cases
adequate compensation to persons injured thereby.
§ 14. The president of said board shall be commis- president to be
sioned by the governor as a justice of the peace, and, as ?™''°"'='^ *'^
such, shall be a conservator of the peace, with all the
power and authority vested by law in other justices.
§ 15. This act shall take effect on the first Monday in
March, A. D. 1853.
Approved February 10, 1853.
AN ACT to incorporate the town of Edwardsville, in Madison county, m force Feb. 10,
state of lilinois. 1863.
Section 1. Bt it enacted by the people of the state of
miois, represented in the General Assembly, That the Bo.ir corporate
inhabitants and residents of the town of Edwardsville, »°<i politic.
Madison county, are hereby made a body corporate and
politic, in law and in fact, by the name and style of "The
President and Board of Trustees of the town of Edwards-
ville," and by that name shall have perpetual succession,
and a common seal, which they may alter at pleasure ;
and in whom the government of the corporation shall be
vested, and by whom its affairs shall be manaeed.
[R] ^
1853.
258
Boundaries. ^ 2. The boundary of said corporation shall include
the original town of Edwardsville and the several addi-
tions thereto, as the same are recorded in the recorder's
oifice in tlie said county of Madison.
Additions. ^ -^^ Whenever any tract of land adjoining the tou^n of
Edwardsville shall be laid off into town lots and duly re-
corded as required by law, the same shall be annexed to
and form a part of the said corporation.
General poY.er?. § 4. The inhabitants of said town, by the name and
style aforesaid, shall have power to sue and be sued, to
plead and be impleaded, defend and be defended, in all
courts of law and equity, and in all actions whatever; to
purchase, receive and hold property, real and personal, in
said town; to purchase, receive and hold property, both
real and personal, beyond the corporation limits, for burial
grounds and for other public purposes, for the use of the
inhabitants of said town; to sell, lease or dispose of pro-
perty, real and personal, for the benefit of said town, and to
improve and protect such property, and to do all other
things in relation thereto as natural persons.
Tru8teeB. § &. The Corporate powers and duties of said town
shall be vested in five trustees, who shall form a board for
the transaction of business, and the persons who may be
in office as trustees in said town under the general incor-
poration act of this state shall, after the passage of this
act, be deemed to hold their offices by virtue of this act
until the first Monday of April, 1853, and until their suc-
cessors in office are elected and qualified, and to discharge
their duties in conformity to the provisions of tliis act.
lections. § 6. That there shall, on the first Monday of April
next, be elected five trustees, and on every first Monday
of April thereafter, who shall hold their offices for one
year, and until their successors are duly elected and qual-
ified, and public notice of the time and place of holding
said election shall be given by the president and trustees
of said town, by an advertisement published in a news-
paper in said town, or posting it up in at least three of the
migiJMiity. j^Qgj. pujjiic places in said town. No person shall be a
trustee of said town who has not arrived at the age of
twenty-one years, and who has not resided in said town
one year next preceding his election, and who is not at
the time thereof a bona fide freeholder in said town, and
moreover, who has not paid a state or county tax, and all
white free male inhabitants, over twenty-one years of age,
who have resided in said town six months next preceding
an election, shall be entitled to vote for trustees; and the
said trustees shall, at their first meeting, proceed to elect
one of their own hody president, and shall have power to,
fill all vacancies in said board which may be occasioned'
by death or resignation : Provided, the vacancy shall not
259 ^1853.
exceed three months. All vacancies which shall occur for
a longer time, the board shall give ten days' notice bv
posting up at least three advertisements in^said town for
tlie election ol a trustee to fill such vacancy, to be filled
in the same manner as provided for in regular elections •
and said trustees shall have power to appoint a clerk, a App..nt..,ts
treasurer, an assessor, a street commissioner and a town
t constable, which said officers so appointed shall give bond
and security in such amount and with such conditions as
the trustees may require; and the said town constable shall
take an oath of office before some justice of the peace, o.t...
that he will faithrully discharge the duties of said office,
and It shall be his duty to collect all fines and serve all
processes at the suit of the corporation, and shall execute
all writs, process and precepts which miy be issued
agamst any person for the violation of any of the laws or
ordmances of the town, and shall have and possess the
same powers and perform the same duties in other respects
withm the limits of the corporation as constables in the
several districts of the county possess and perform. Said
constable to hold his office for one year and until his suc-
cessors is elected and qualified.
k ^:. The trustees aforesaid and their successors, or a Rules and reen
majority of tiiem, shall have full power and authority to ^^'^""
ordain and establish such rules and regulations for their
government and direction, and for the transaction of the
business ana concerns of the corporation as they may deem
expedient, and to ordain and establish and put in execu-
tion such Dy-laws, ordinances and regulations as shall
seem necessary for the government of said town, and for
the management, control, disposition and application of its
corporate property, and generally to do and execute all
and singular such acts, matters and things which to them
may seem necessary to do, and which are not contrary to
the laws and constitution of tiiis state.
§ 8. The said trustees shall have power to levy and Ta^-
collect a tax, not exceeding one-half per cent, on all lots
and improvements and personal property lying and being
within the mcorporate limits of said town, accordin'.. to
valuation; to tax public shows and houses of public en'ter-
tainment, taverns, beer houses and stores, for the purpose
ot making and improving the streets, and keeping them in
repair, and for the purpose of erecting such buildings and
other works of public utility as the interest and conveni-
ence of the inhabitants of said town may require, and may
adopt such modes and means for the assessment and col-
lection of taxes as they shall from time to time deem ex-
pedient, a::d prescribe the manner of selling property when
the tax levied upon it shall not be paid : Provided, no sale
of any real estate shall be made until public notice of the
1853.
streets.
Tlpijllnp houses.
Pood order:
Bnty of Justice
of tUc pence.
260
1 1 ^f ccIp '?}nll be eiven by advertisement in
tune and place of ^^^,^^/;^^ ^^.f ,t Ibui of the most public ,
tnmp newsnaper in said town, oi cii-o^^ ^ i
some new.|.di putting up written notices contain- i
F^:Tu;? :rlrdT'.it^qr„t Vfa. Ltate, at least thirty aa,s ,
TT'^me^a^J- rJtrorVeal estate shall have been soldi
Jtaies a aforeslid, the same shall be subject to redemp-
(r r..,: ti..e and on t,,e ;e™^ now p.o..ded, oH.„e-
after to be r;:°"Jj<l,.^\V state so d for state and county
«:• trfid 'thrletultate so sold for taxes not be
redtomed n the time and manner provdcd by law, and
-th^b'ic- :^^> r^ai ::t:t: Tie ':t!r^i:t:
5i^(,-;:;^'-Xtl^ts^f;i'b:«off
^re dent of the board of trustees to execute to the pur-
chaser or purchasers a deed therefor, signed by the presi-
dent ai^ ^countersigned by the clerk of the board o
^'fw' The trustees shallhavepower to regulate, grade
plall , pave and improve the streets, public ^q-;"^^^"
a leys in said town for which purpose they shall lav
powerTo levy, annually, a road labor tax ot not more thai
Te das nor 1 ss than two days, against every fle-bodie
ma e inhabitant of said town over the age of twent>^-on.
vears and under fifty years of age, to be col ected and ex
Tended in such manner as they shall determine and direc
5 11. The trustees shall have power to tax, restrain
prohibit and suppress tippling ^7"' A Z/aX.Z
Lming houses, bawdy houses and other disorderly houses
and to suppress and restrain billiard tables.
12! ^Said trustees, or a majority of them, shall hav
po'wer to preserve good order and 1^^-."°"^ J" ^fi^J^^^J
and to punish open indecency, breaches of the peace
horse rJ ing, disirderly houses, riotous meetings or asse^
bkces and o punish persons for making loud or unusu.
noil's or for disturbing persons assembled at religious c
Ml er meetings in said town; for which purpose the trus
ly make sifch by-laws and ordinances not "^consi c
with the laws of this state, as they may deem necessarj (
expedient to carry the provisions of this act into ettec
anS impose fines Ibr the Violation thereof, which fines sh
be recovered before any justice ol the peace in s aid tow
, 6 13. It shall be the duty ot any justice of the pea(
in said town, and he is hereby authorized and empowen
on view, or upon complaint being made to 1;^'" .^'^^ f
of the violation of any law or ordinance of said town,
issue his warrant directed to the town constable, or to a
aulhorized person, to apprehend the offender or offende
261 1853.
and bring him or them before him forthwith,- and after
hearing the evidence, if it shall appear that the accused
has been guilty of the violation of any law or ordinance
of t!ie corporation, to impose such fine or imprisonment as
is provided by tlie laws of the state for liie punishment of
similar oiTences.
§ 14. In all cases arising under the provisions of this AppeMg.
act, appeals may be taken, and writs of certiorari allowed
'■ as is now or may hereafter be provided by law.
§ 15. All fines or moneys collected for licenses, granted Fines.
under the provisions of this act, shall be paid into the town
: treasury for the use of the inliabitants of the town.
' ^. }^' The trustees shall keep a well bound book, inJour^:.
; which sh?.ll be recorded, in a fair and legible hand, all by-
laws and ordinances of said corporation,' and no by-law or
' ordinance shall be ,in force until the same shall have been
' advertised by posting up copies of the same in at least
' three of the most public places in said town ten days pre-
vious to the time the same is to go into effect, or by publi-
cation in some newspaper in said town; which record or
: book shall be evidence of the authority of said by-laws or
f ordinances that they have been legally enapted. "
I § 17. The trustees shall have power to build a plank pian.roau
'road in said town, to be located in Main street, to and from
Isucli points therein as the trustees may direct. For which
^purpose the said trustees are hereby empowered to issue issue i>onas.
!the bonds of the town of Edwardsville, pledging for the
Isecurity of the payment of the same the revenue which
imay be derived from the special tax hereinafter provided
'for : Provided, the amount of said bonds shall not exceed
!the sum of five thousand dollars, nor bear a greater rate
of interest than ten per cent, per annum. That said trus-
tees, for the purpose of paying said bonds, are hereby em-
powered to levy and collect a special tax, not exceeding
;one per cent., on all lots and improvements and personal
property lying and being within the corporate limits of
baul town, according to valuation; which said valuati n
khall be assessed by three bo}ia fide freeholders in said
town, who siiall be appointed by tlie trustees.
! § 18. 7he said trustees shall have power to make pave- Pavomcr.t«, &c.
hients or side-walks in said town, as to them may seem
^eedful : Provided always, that the lot in front of which
^ny side-walk is made shall be taxed to pay at least one-
lialf of the expenses of making such side-walk.
' § 19. The said trustees shall have pov/er to declare vuinince.
Ikvliat shall be considered a nuisance within the limits of the
Corporation, and to provide for the abatement or removal
hereof, • Tiiis act shall take effect and be in force from and
'.fter its passage.
Approved February 10, 1853.
1853.
Xame and style.
'..'oneral powprs
OillcoM of coun
AN ACT to incorpora'e the city of Waukep^an.
Be it enacted by the people of the state of Illinois, rep-
resented in the General Assembly :
ARTICLE I.— Of Boundaries.
Section 1. That the inhabitants of the incorporated
town of Waukegan, in Lake county, be and they are here-
by constituted a body politic and corporate, by the name
and style of " The City of Waukegan," and by that name
shall have perpetual succession, may sue and be sued,
plead and be impleaded, in all courts of law and equity ;
and may have and use a common seal, and alter the same
at pleasure.
§ 2. All that territory embraced within the following
limits, to wit, beginning at the water's edge on the west-
ern shore, of Lake Michigan, due east of the northeast
corner of the southeast quarter of section sixteen, in
township forty-five north, of range twelve, east of the
third principal meridian ; thence due west to the north-
west corner of the southwest quarter of said section ;
thence due south to tlie southwest corner of the north-
west quarter of section twenty-eight; thence due east to
a poii^t on said lake shore at" the water's edge, and thence
northerly, along low water mark, to the place of beginning,
shall be and the same is hereby declared to be within
the limits of the city of Waukegan.
§ 3. Whenever any tract of land adjoining the city of
Waukegan shall be laid off into town lots, and duly re-
corded as required by law, the same shall be annexed to
and form a part of the city of Waukegan. And all par-
cels of land within the aforesaid boundaries and beyond,
the boundaries of the present corporation as extended,
that exceeii in extent one acre, shall be exempt from tax-
ation for city revenue until the same shall be subdivided
into lots of one acre or less, and each lot, when so divid-
ed, shall be taxed as other city lots.
§ 4. The inhabitants of said city, by the name and
style aforesaid, shall have power to sue and be sued, to
plead and be im])leaded, defend and be defended, in all
courts of law and equity, and in all actions whatever ; to
purchase, receive, and hold property, both real and per-
sonal, in said city ; to purchase, receive and hold proper-
ty, both real and personal, beyond the city, for burial
gjounds and for other purposes, for the use of said inhabi-
tants of said city ; to sell, lease, and convoy or dispose of
property, and do all other things in relation thereto as nat-
ural persons.
ARTICLE II.— 0/ the City Council ,
§ 1. There shall be a city council, to consist of a
mayor and board of aldermen.
263
1853.
§ 2. The board of aldermen shall consist of two mem- Term of odice.
bers from each ward, to be chosen by the qualified voters
for two years, and until others shall be legally qualified.
§ 3.^ No person shall be an alderman unk^ss at the Kugiuuiy. «
time of his election he shall be a freeholder in said city,
and shall have resided v/ithin the limits of the city one
year immediately preceding his election, and shall have
the requisite qualifications to vote for state officers, be a
resident of the ward for which he is elected, and a citizen
of the United States.
§ 4. If an> alderman shall, after his election, remove vacancic.
from the ward for which he is elected, or cease to be a
freeholder in said city, his office shall be declared vacated.
The mayor and aldermen shall serve without compensation
from the city funds, until there shall be eight thousand in-
habitants in said city, and when the population shall ex-
ceed eight thousand the mayor shall receive such compen-
sation as the city council shall determine, not to exceed
two hundred dollars per annum.
§ 5. At the first meeting of the city council, the alder- i^'^j'^edi.yk,t.
men shall be divided by lots into two classes; the seats of
those of the first class shall be vacated at the expiration of
the first year, and of the second class at the expiration of
the second year, so that half of the board shall be elected
annually.
§ 6. The city council shall judge of the qualifications, Q„,„,,,,on c
elections and returns of their own members, and shall de- raembcrs.
termine all contested elections under this act.
§ 7. A majority of the city council shall constitute a quo- Quorum.
rum to do business, but a smaller number may adjourn from
day to day, and compel the attendance of absent members,
under such penalties as may be prescribed by ordinance.
§ 8. The city council shall have power to determine «,uies o£ pr.-
the rules of its proceedings, punish its members for dis- "'^'"^'•
orderly conduct, and, witii the concurrence of two-thirds
of the members elected, expel a member.
§ 9. The city council shall keep a journal of its pro- Jo^.rn.-ii.
ceedings, and from time to time publish the same, and the
yeas and nays, wiien demanded by any member present,
shall be entered upon the journal.
§ 10. No alderman shall be appointed to any office -^w^'-u'-nnotap-
under the authority of ihe city which shall have been ere- ^°'"^<^'"°°«".-
ated, or the emoluments of which shall have been increas-
ed, during the time for which he shall have been elected.
§ 11. All vacancies that shall occur in the board of vacancies fiutd.
aldermen shall be filled by election.
§ 12. The mayor and each alderman, before enterin<yoath.
upon the duties of their office, shall take and subscribe an
oath, or make aflirmation, tiiat they will support the con-
Btitution of the United States and of this state, and that
1853.
264
they will well and truly perform the duties of their office
to the best of their skill and ability.
§ 13. Whenever there shall be a tie in the election 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.
§ 14. There shall be twelve stated meetings of the
city council in each year, at such times and places as may
be prescribed by the city council.
ARTICLE III.— 0/ the Chief Executive Officer.
§ 1. The chief executive officer of the city s-hall be a
mayor, who shall be elected b'y tiie qualified voters of the
city, and hold his office for one year, and until his successor
shall be elected and qualified.
§ 2. No person shall be eligible to the office of may-
or who shall not have been a resident of the city for one
year next preceding his election, or who shall be under
twenty-one years of age, or who shall not, at the time of
his election, be a citizen of the United States.
3. If any mayor, during the time fo
'•hich
ihall
have been elected, remove fiora the city, or shall be ab-
sent from tiie city for the space of six months, his office
shall be vacated.
,,;, § 4. When two or more persons shall have an equal
number of votes for mayor, the judges of election shall
certify the same to the city council, who shall proceed to
determine the same by lot, in such manner as may be de-
termined by ordinance.
..ontestp.!. 5 5. Whenever an election of mayor shall be contest-
ed, the city council shall determine the same as may be
prescribed by ordinance.
Tacancies. § g. Whenever any vacancy shall happen in the office
of mayor it shall be filled by election.
ARTICLE IV.— 0/ Elections.
Bipotions. § 1. On the first Monday of April next an election
shall be held in each ward of said city for one mayor and
one marshal for the city, two aldermen for each ward,
and forever thereafter, on the first Monday of April of
each year, there shall be an election for one mayor and
one marshal for the city, and one alderman for each ward.
The first election for mayor and alderman shall be held,
conducted and returns thereof made in the same manner !
as the election and returns for the president and trustees
of the town of Waukegan are now held, conducted and
reiurned.
r!i«ibiiiiyof vo- § 2. All mile inhabitants over the age of twenty-one
"'• yei.rs, who are entitled to vote lor state officers, and who
265 1863.
shall have been actual residents of said city ninety days
next preceding said election, shall be entitled to vote for
city officers : Pruvided, that said voters shall give their
votes in the wards in which tiiey shall respectively reside.
ARTICLE Y.—O/ the Legislative Powers of the City
Council.
§ 1. The city council shall have power and authority to '''''^•
levy and collect taxes for city purposes upon all property,
real and personal, within the limits of the city, not exceed-
ing one-half of one per cent, per annum, upon the assessed
value thereof, and may enforce the payment of the same
in any manner to be prescribed by ordinance, not repug-
nant to the constitution of the United States and this state.
§ 2. The city council shall have power to appoint a Appointmenis.
clerk, treasurer, assessor, street commissioner or com-
missioners, city surveyor, city attorney, and all such other
inferior officers as may be necessary.
§ 3. ihe city council shall have power to require ofGivebondi.
all officers apj)ointed in pursuance of this charter, bonds
with penalty and security for the faithful performance of
their respective duties, as may be deemed expedient, and
also to require all officers appointed as aforesaid to take such
an oath, or make such affirmation, as the common council
may prescribe, for the faithful performance of tiie duties of
their respective offices, before entering upon the discharge
of the same ; to establisli, support and regulate common
schools ; to borrow money on the credit of the city : Pro-
vided, that no sum or sums of money shall be borrowed at a
greater interest than ten per cent, per annum, nor shall
any sum or sums be borrowed as aforesaid until after tiiQ
subject shall have been submitted to the legal voters of
said city, for which purpose a special election shall be
called by the mayor, after giving ten days' notice thereof,
and if a majority of the legal voters of said city shall vote
in favor of any such loan, the same may be negotiated,
and not otherwise.
§ 4. To appropriate money and provide for the pay- Powers of conn-
ment of the debts and expenses of the city.
§ 5. To make regulations to prevent the introduction
of contagious diseases into the city. To make quarantine
laws for that purpose, and enforce the same witliin five
miles of the city.
§ G. To establish hospitals, and make regulations for
the government of the same.
§ 7. To make regulations to secure the general health
of the inhabitants, to declare what shall be a nuisance,
and to prevent and remove the same.
1853.
266
Tippling houses
^ 8. To provide the city with water, to erect hydrants,
and pumps, build cisterns and dig wells in the streets, for
the supply of engines and buckets.
§ 9. To open, alter, abolish, widen, extend, establish,
grade, pave, or otherwise improve and keep in repairstreets,
avenues, lanes and alleys, side-walks, drains and sewers.
§ 10. To establish, erect and keep in repair bridges.
§ 11. To divide the city into wards, alter the bound-
aries thereof, and erect additional wards as the occasion
may require.
§ 12. To provide for lighting the streets and erecting
lamp posts.
§ 13. To establish, support and regulate night watches.
§ 14. To erect market houses, to establish markets and
market places, and provide for the government and regula-
tion thereof.
§ 15. To provide for all needful buildings for the use
of the city.
§ 16. To provide for enclosing, improving and regula-
ting all public grounds belonging to the city.
§ 17. To erect, repair and regulate public wharves,
piers and docks ; to regulate the erection and repair of
private wharves, piers and docks, and the rates of wharf-
age thereat.
§ 18. To license, tax and regulate auctioneers, mer-
chants, pedlers, retailers, grocers, taverns, ordinaries,
hawkers, brokers, pawnbrokers and money changers.
§ 19. To license, tax and regulate hackney carriages,
wagons, carts and drays, and fix the rates to be charged
for the carriage of persons, and for the wagonage, cart-
age and drayage of property,
§ 20. To license and regulate porters and the rates of
porterage.
§ 21. To license, tax and regulate theatrical and other
exhibitions, shows and amusements.
§ 22. To restrain, prohibit and suppress tippling houses,
dramshops, gambling houses and bawdy houses, and other
disorderly houses.
§ 23. To provide for the prevention and extinguishment
of fires, to organize and establish fire companies.
§ 24. To regulate the fixing of chimneys, and to fix the
flues thereof.
§ 25. To regulate the storage of gunpowder, tar, pitch,
rosin, and other combustible materials.
§ 26. To regulate and order parapet walls and parti-
tion fences, and to restrain cattle, hogs, sheep and dogs
from running at large.
§ 27. To establish standard weights and measures, and
regulate the weights and measures "to benised in the city,
in all cases not otherwise provided for by law, and to or-
der all laws on the subject to be enforced j and to fix and
267 1853.
enforce payment of tines for non-compliance with any such
order.
^ 28. To provide for the inspection and measuring of
lumber and other building materials, and for the measuring
of all kinds of mechanical work.
§ 29. To provide for the inspection and weighing ofinsp'^ction ami
hay and stone coal, the measuiement of charcoal, fire &c.
wood, and other fuel to be sold and used within the city.
§ 30. To provide for and regulate the inspection of
tobacco, and of beef, pork, flour, meal and whisky in barrels.
§ 31. To regulate the inspection of butter, lard, and
other })rovisions.
§ SZ. To regulate the weight and quality of bread to be Bread.
used and sold in the city.
i § 33. To regulate the size of bricks to be sold and used Bricks.
n the city.
§ 34. To provide for taking enumerations of the inhab-
itants of the city.
§ 35. To regulate the election of city officers, and to
provide for removing from office any person holding an
office created by ordinance.
§ 36. To fix the compensation of all city officers, and
regulate the fees of jurors, witnesses and others, for ser-
vices lendered under this act, or any ordinance made in
pursuance thereof.
§ 37. To regulate the police of the city, to impose PoUce.
fines and forfeitures and penalties for the breach of any ordi-
nance, and to provide for the recovery and appropriation
of sucli fines and forfeitures, and the enforcement of such
penalties; and all moneys collected under and by authority
of any city ordinance shall be deemed and taken to be-
long to said city, and disposed of by the city council un-
der the ordinances of said city, for the general use and
benefit of the inhabitants thereof.
§ 38. The city council shall have exclusive power, Biiiiardtabu-s.
within the city, by ordinance, to suppress and restrain bil-
liard tables and bowling alleys.
§ 39. Tlie city council shall have power to make all ordinances,
ordinances which shall be necessary and proper for carry-
ing into execution the powers specified in tliis act, so that
such ordinance be not repugnant to nor inconsistent with
the constitution of the United States or of this state.
§ 40. The style of the ordinances shall be, ^'Be z^^tyi*.
ordained by the city council of the city of IVaiikcgan.^^
§ 41. All ordinances passed by the city council shall,
within one month after they shall have been passed, be''"'''"^^"'*""
published in some newspaper in the city, or posted up in
three of tlie most public ])]aces in said city of Wauke-
gan, and sliall not be in force till they shall have been
publisiied as aforesaid.
1853. 268
Proof bysca!. § 42. All Ordinances of the city may be proven
by the seal of the corporation, and when printed in
^ book or pamphlet form, and purporting to be printed and
published by authority of the corporation, the same shall
be received in evidence in all courts and places without
further proof.
ARTICLE VI.— Of the Mayor.
Mayor presi do. § 1, TIic mayor sliall preside at all meetings of the
city council, and in case of a tie, shall have a casting vote,
and in no other. In case of non-attendance oftiie mayor at
any meetings the board of aldermen shall appoint one of
their own number chairman, who shall preside at the
meeting, but shall not thereby lose his riglit to vote on
any question before the board.
special meetings § f '^''^ mayor or any two aldermen may call special
meetings of the city council.
^^^^ § 3. The mayor shall at all times be vigilant and ac-
""' tive in enforcing the laws and ordinances for the govern-
ment of the cityj he shall inspect the conduct of all sub-
ordinate officers of said city, and cause negligence ana
positive violation of duty to be prosecuted and punished;
he shall from time to time communicate to the aldermen
such information and recommend all such measures as in
his opinion may tend to the improvement of the finances,
the police, the health, security, comfort and ornament of
the city.
Tiuty in cnse of § 4. fie is hereby authorized to call on every male in-
habitant of said city, over the age of eighteen years, to aid
in enforcing the laws and ordinances, and in cases of riots
to call out the militia to aid him in suppressing the same,
or other disorderly conduct, preventing and extinguishing
fires, for securing the peace and safety of the city, or '\\\
carrying into effect any law or ordinance; and any person
who shall not obey such call shall forfeit to said city a fine
not exceeding five dollars.
Exhibitor books § 5. He shall have power, whenever he may deem it
necessary, to require of any of the officers of said city an ex-
hibit of his books and jjapers.
§ 6. He shall have power to execute all acts that may
be required of him by any ordinance made in pursuance
of this act.
Bo commissioned ^ § 7. jje shall be commissioued by the governor as a
justice of the peace, and as such give bond as other
justices of the peace, and upon neglect t > (^o so, his office
shall be vacated; shall be a conservator of the peace f )r the
city, and shall have power and authority to administer
oatlis, issue writs and process under the seal of tlie city,
to take depositions, the acknowledgme::ts of deeds, mort-
gages, and all otiier instruments of wi'lng, and certify
269 1853.
the same, under the seal of the city, which shall be good
and valid in law.
§ 8. He shall have exclusive jurisdiction in all cases juriidieuon.
arising under the ordinances of the corporation, and con-
current jurisdiction with all other justices of the peace
in all civil and criminal cases arising under the laws of the
state, and sliall receive the same fees and compensation
for his services in similar cases.
§ 9. He shall also have such jurisdiction as may be
vested in him by ordinance of the city, in and over all
places within five miles of the boundaries of the city, for
the purpose of enforcing the health and quarantine ordi-
nances and regulations thereof.
§ 10. He shall receive for his services outside of the saury.
city such salary as shall be fixed by ordinance of the city.
6 11. In case the mayor shall at any time be guilty of Removal.
a palpable omission of duty, or shall wilfully and corruptly
be guilty of oppression, malconduct, or partiality in the
discharge of the duties of his office, he shall be liable to
be indicted in the circuit court of the county of Lake, and on
conviction he shall be fined not more than two hundred
dollars, and the court shall have power, on recommen-
dation of the jury, to add to the judgment of the court
that he be removed from office.
ARTICLE VIL— 0/ Proceedings in Special, Cases.
§ 1. When it shall be necessary to take private pro- private proper-
perty for opening, widening or altering any public street, ^^•
lane, avenue or alley, the corporation shall make a just
compt-nsation to the person whose property is so taken,
and if the amount of such compensation cannot be agreed
on, the mayor shall cause the same to be ascertained by a
jury of six disinterested freeholders of the city.
5 2. When the owners of all the property on a street, Ait«r or widea
■> ,, ..ii'jj streets.
lane, avenue or alley, proposed to be opened, widened, or
altered, shall petition therefor, the city council may open,
widen or alter such street, lane, avenue or alley, upon con-
dition to be prescribed by ordinance, but no compensation
shall in such case be made to those whose property shall
be taken, their tenants or others, for the opening, widening
or altering such street, lane, avenue or alley, nor shall
there be any assessments of benefits or damages that may
accrue thereby to any of the petitioners.
§ 3. All jurors empanneled to inquire into the amount juron.
of benefits or damages which shall happen to the owners of
property proposed to be taken for opening, widening or
altering any street, avenue, lane or alley, shall first be
sworn to that etfect, and shall return to the mayor their
inquest in writing, and signed by each juror.
1853.
270
§ 4. la ascertaining the amount of compensation for
property taken for opening or widening or altering any
street, avenue, lane or alley, the jury shall take into^'con-
sideration the benefit as well as the injury happening by
such opening, widening or altering such street, lane,
avenue or alley.
§ 5. The mayor shall have power, for good cause shown,
within ten days after any inquest shall have been returned
to him as al'oresaid, to set the same aside and cause a new
inquest to be made.
§ 6. The city council shall have power, by ordinance,
to levy and collect a special tax on the holders of lots in
any street, lane, avenue or alle}', or a part of any street,
lane, avenue or alley, according'to their respective fronts
owned by them, for the purpose of paving, grading or
planking side-walks and lighting such sireet, lane, avenue
or alley : Provided, said tax shall not exceed in amount
the actual cost of said side-walks and lightin"-, respec-
tively; whicli tax shall be collected in the same^manner as
other city taxes.
ARTICLE VIII. — Miscellaneous Provisions.
§ 1. ^ The city council shall have power, for the purpose
of keeping the streets, lanes, avenues and alleys in repair, to
require every able-bodied male inhabitant in said city, over
twenty-one years of age, to labor on said streets, lanes,
avenues and alleys, not exceeding three days in each and
every year, and for the purpose of building and maintain-
ing bridges in said city, there shall be levied on all real and
personal estate within said city, any sum not exceeding
twenty cents on the one hundred dollars of the assessed
value thereof; which tax shall be collected as other city
taxes, and any person failing to perform such labor, when
duly notified by the street commissioner, shall forfeit and
pay one dollar for each day so neglected or refused.
§ 2. The inhabitants of the ^city of Waukegan are
hereby exempted from working on any road beyond the
limits of the city, and from paying any tax to procure
laborers to work upon the same.
§ 3. ^ The city council shall have power to provide for
the punishment of oflcnders, by imprisonment in the county
jail, in all cases where such offenders shall fail or refuse to
pay the fines and forfeitures which may be recovered
against them.
§ 4. The city council shall cause to be published an-
nually a full and complete statement of all moneys received
and expended by the corporation during the preceding
year, and on what account received and expended.
271 1853.
§ 5. All ordinances and resolutions passed by the pres-
ident and trustees of the town of Waukegan shall remain
in force until tlie same shall have been repealed by the city
council hereby created.
§ 6. All suits, actions and prosecutions instituted, com- suits.
menced or brought by the corporation hereby created, shall
be instituted, commenced and prosecuted in the name of
the city of Waukegan.
§ 7. All actions, fines, penalties and forfeitures which Fines,
have accrued to the president and trustees of the town of
Waukegan shall be vested in and prosecuted by the cor-
poration hereby created.
§ 8. All property, real or personal, heretofore be- Property.
longing to the president and trustees of the town of Wau-
kegan for the use of the inhabitants of said town, shall be
and the same is hereby declared to be vested in the cor-
poration hereby created.
§ 9. This charter shall not invalidate any act done by Not to invalidate
the president and trustees of the town of Waukegan, nor t^^^ T wa«-
divest them of any rights which may have accrued to them '"'san.
prior to the passage of this act.
§ 10. The president and trustees of the town of Wau- Promulgation of
kegan shall, immediately after the passage of thi:^ act, take
measures to promulgate this law within the limits of the
city of Waukegan, and issue their proclamation for the
election of officers, and cause the same to be published
in all the city newspapers prior to the day of the election
of said officers.
§ 11. Appeals shall be allowed from decisions in allApp?ais.
cases arising under the provisions of tliis act, or any ordi-
nance passed in pursuance thereof, to the circuit or county
court of said county of Lake, and every such appeal shall
be granted in the same manner and with like effect as appeals
are taken from and granted by justices of the peace to the
circuit court, under the laws of this state.
§ 12. Whenever the mayor shall absent himself from vacancies in ot-
the city, or resign or die, or his office shall be otherwise
vacated, tiie board of aldermen shall immediately pro-
ceed to elect one of their number president, who shall be
mayor j}ro tern, until the office shall be filled by election
as herein provided.
§ 13. This act is hereby declared to be a public act,
and may be read in evidence in all courts of law or equity
within tills state without proof.
§ 14. All acts or parts of acts coming within the
provisions of this charter, or contrary to or inconsistent
with its provisions, are hereby repealed.
§ 15. The city marshal, or any other officer authorized Execution if
to execute writs or any other process issued by the mayor,
shall have power to execute the same any where within the
1853.
272
limits of the county of Lake, and shall be entitled to the same
fees for traveling as are allowed to constables in similar
cases. The .said city raarsiial, by virtue of his office, shall be
a constable of Lake county, witli power to serve })rocess and
do all acts that a constable may lawfully do, and shall re-
ceive the same fees as are allowed to other constables by
law. He shall hold iiis office for one year, and shall give
bond as other constables are required by law to give, which
bond sliall be filed in tiie office of the county clerk.
§ 16. The president and trustees of the town of Wau-
kegan sliall cause an election to be held in said town on the
second Monday of March next, at whicii the inhabitants
residing within the territory described within the second
•section of tiie first article of this act, who are authorized
to vote for state officers, shall Vote " for the charter," or
"against the charter," and if a majority of the votes given
at such election shall be for the charter, then this act shall
immediately take effect as a law, but if a majority of the
votes shall be against the charter, then this to be of no ef-
fect.
§ 17. No provision of this act shall be so construed as
to authorize the sale of ardent spirits in a less quantity than
is now provided by law.
§ 18. This act to take effect and be in force from and
after its passage.
Approved February 12, 1853.
m force F;:b. 12,
1853.
AN ACT to incorporate the town of Carlyle, Clinton county.
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General tdssembly. That the
Body cori.oratoi,^|,aijitants and residents in the town of Carlyle, Clinton.
»a(l politic. J l-i.'
county, are hereby made a body corporate and politic,
in law and in fact, by the name and style of "The Presi-
dent and Board of Trustees of the town of Carlyle,"
and by that name shall have perpetual siiceession, and a
common seal, which they may alter at pleasure ; and in
whom the government of the corporation shall be vested
and by whom its affairs sliall be managed.
Hiu.r.oarr. § 2. Tlic bouiidary of said corporation shall include
all that country contained within the limits of the original
plat of the town of Carlyle, and of Middletown so called,
as of record in the recorder's office of the county of
Clinton.
' <«<■-- § 3. There shall, on the first Monday of May next, be
elected five trustees, and on the first Monday of May, an-
273 1853.
nually thereafter, who shall hold their offices for one year,
and until ihv.'w successors are duly elected and qualified,
and public notice of the time and place of holding said
election shall be given by the president and trustees by
an advertisement publislied inthe newspapers of said town,
or putting it up in at least four of the most public places
in said town. No person shall be a trustee of said town Tn.Mcrs.
who has not arrived at the age of twenty- one years, and
who has not resided in said town six months next preced-
ing his election, and who is not at the time thereof a free-
holder, and moreover, who has not paid a state and county
tax; and all free wliite male inhabitants over twenty-one
years of age, who have resided in said town six months next
preceding the election, shall be entitled to vote for trustees,
and t!)e said trustees shall, at their first meeting, proceed
to elect one of their body presiilent, and shall have power
to fill all vacancies in said board which maybe occasioned vacancies,
by death or resignation : Provided., the vacancy shall not
exceed three months. All vacancies which shall occur for
a longer time, tlie board shall give ten days' notice by post-
ing up at least three advertisements in said town for such
vacancy to be filled in the same manner as provided for in
regular elections, and to appoint a clerk and assessor, a Appuintrnwis.
treasurer, a street supervisor, and a town constable, who
shall give bond and security in such amount as the trustees
may require, and the said town constable shall take an
oath of office before some justice of the peace that he will
faitiifully discharge the duties of said office, and it shall be
his duty to collect all fines, and serve all process at the
suit of the corporation, and to do such other matters and
things pertaining to the office as may be required of him
by the ordinances and by-laws of said corporation.
§ 3. The said corporation hereby created shall have samo powers h,p
the same powers as are conferred upon the town of Gray- ihe '^° "own '' e"
ville by tiie act entitled "An act to incorporate the town «"yviiie.
of Gray ville. White county," approved February 15th,
1851, and in addition thereto, shall have power by resolu-
tion or ordinance of said board of trustees, to grant or sell
the right of way to any railroad company incorporated by
this state, over any street or streets, or alleys of said town,
or other public grounds, on such terms as may be agreed
upon by said board and railroad company.
§ 4. The qualified voters within the corporation hereby voters.
created shall vote on the first Monday of April next for
or against becoming incorporated under this act, and if a
majority of all the votes cast at said election are in favor
of being incorporated, then this act shall be in full for-ce,
otherwise to be of no force.
Approved February 12, 1853.
[ s ]
1853.
274
AN ACT to incorporate the Galena Theological Semina- v.
NAijy- airl St
Section 1. Be it enacted by the people nf the state of
Illinois, represented in the General Assembly, That John
Blatchford, Augustus T. Norton, Livingston M. Glover,
Samuel T. Howe, William Y. Miller, George W. Gale,
Charles A. Williams, Robert W. Patterson, Harvey Cur-
tis, Hutchins Taylor, Aratus Kent, Shubael G. Spees, Ed-
v/Htfi D. Neill, Cutting Marsh, William H. Spencer, Thom-
as T. Waterman, Horatio Newhall, Charles S. Hempstead,
and their associates, who shall hereafter be appointed in
accordance with the provisions of the constitution under
which they act, and their successors, are hereby constitu-
ted a body politic and corporate, under the name and style
>■'"'• of the "Galena Theological Seminary," to be located at
or near the city of Galena ; and by that name and style to
remain, and shall have perpetual succession, with power
ers. to sue and be sued, plead and be impleaded, and be capa-
ble in law of taking and holding, by gift, grant and devise,
or otherwise, and of purchasing, and holding and convey-
ing, both in law and equity, any estate, real, personal or
mixed, to have and use a common seal, and to alter the
same at pleasure ; to make and alter, from time to time,
such by-laws as they may deem necessary for the govern-
ment of said institution, its officers and servants : Provided,
such by-laws are not inconsistent with the constitution and
laws of this state and of the United States.
§ 2. The government of the seminary shall, at all
times, be vested in a board of directors, which shall con-
sist of eighteen members, together with such other direc-
tors as shall be hereafter appointed in accordance witii the
constitution under which they act ; one-half of said direc-
tors to be clergymen, and one-half laymen; and in all cases,
now and hereafter, such directors are to be connected with
and members of the Constitutional Presbyterian church of
tile United States of America, or some other evangelical
church receiving the Westminster confession of faith.
§ 3. The board of directors already chosen shall be di-
vided into three classes, to be numbered one, two and
three ; the term of the first class shall expire in two, the
second in four, and the third in six years from tlie first day
January, one thousand eight lumdred and fifty-three ; these
classes to be determined by lot. Each class of directors
shall hereafter be chosen for and hold their office during
the term of three years, with the exceptions specified in
the constitution of said Theological Seminary : Provided,
hoivever, that it shall be the privilege of any director to act
with the board until his succcpsur shall have been appoint-
ed : And, provided, also, that any director may be eligible
to a re-election, at the discretion of the appointing power,
275 1853.
which appointing power is hereby forever vested in the
presbyteries connected with that body or denomination of
christians known as the Constitutional Presbyterian Church
of the United States of America, and in the board of di-
rectors as provided in the constitution of said Tiieological
Seminary.
§ 4. The board of directors shall have power to con- T^it«"ry dc
nect with the Theological Seminary aforesaid such a class-
ical or literary department as they may deem essential to
the main object of the institution ; such a department to
be under the control and direction of the board of direc-
tors in the same manner as the Theological Seminary, and
to be subject to sucli rules and regulations as they may see
fit to prescribe.
§ 5. Equal privileges of admission and instructions, with Admission,
all the advantages of the institution, shall be allowed to
students of every denomination of christians.
§ 6. That all property, of whatsoever kind and de- property.
scription, belonging or appertaining to said seminary, shall
be and forever remain free and exempt from all taxation,
for any and all purposes v/hatever.
§ 7. This act to take effect and be in force from and
after its passage, and it shall be deemed as a public act,
and shall be construed liberally in all courts for the purpo-
ses therein expressed.
Approved February 9, 1853.
AN ACT to amend an act entitled "An act to incorporate \he city of Jo- m -nrop Frb -»
lie t," passed June 19, 1852. ^ Tsss.
Section 1. Be it enacted hy the people of the fit ate of
Illinois, represented in the General Assembly, That the common sclooh
common council of the city of Joliet shall have the man-
agement and control of common schools within the cor-
porate limits of said city.
§ 2. All school houses and lots purchased for the erec- gchooi property
tion of school houses belonging to the trustees of schools vested in city ot
of township thirty-five north, range ten, lying within the ■^°"'**
city limits, or to any school district or part of district
therein, and all taxes assessed and collected for the pur-
pose of building school houses therein, is hereby vested in
the city of Joliet for school purposes.
§ 3. The city council shall have power —
1st. To erect, hire or purchase school houses and keep schooi iiouse».
the same in repair.
1853. 276
T:ix. :?d. To assess and collect annually a tax not exceeding
two mills on the dollar on all taxable property in s.'.id city,
for the support of coinmon schools.
School fund. 3d. To demand and receive from the trustees of schools
for township thirty-five north, range ten east, and from the
treasurer of tlie school fund for said townsliip, st mi-an-
nually, such portion of the interest of said school 'und by
law appropriated to the payment of teachers in said town-
ship as the schools and scholars in said city are now or
may hereafter be by law entitled to receive.
, pvy mid coii-ct 4t.h. To levy and collect taxes on property of any
wx. ward or part of ward or wards for the purpose of building
and repairing bridges, school houses, and other local im-
provements.
K!.!ot s.;hooi in- § 4. The legal voters of t^ach ward in said city shall,
g]Kc.u,r. Qjj ^iig f^j.g|; Saturday of April next, and annually there-
after, elect one school inspector for their respective wards,
and the inspectors so elected shall be denominated "board
of school inspectors," wiio shall perform the duties now
required by law of directors of school districts, so far as
tlie same relates to hiring teachers, visiting and superin-
tending schools and signing schedules, and such other and
further duties as the common council sliall direct i^y ordi-
nance. A majority of said inspectors shall constitute a
quorum to transact business.
stylo. § 5. The style of the ordinances of said city shall be :
^'Be it ordained hy the common connciloj the city of Joliet.^^
Spatial tax. § 6. The common council shall have power to levy and
collect special taxes on owners of lots, according to their
respective fronts owned by them, for the purpose of
grading, paving and planking streets and side- walks,
alleys, lanes or avenues, constructing drains and sewers,
digging wells, con?;tructing pumps and lighting streets, and
to direct by ordinance the manner of assessing and collect-
ing all city taxes : Provided^ such ordinances shall not be
inconsistent with the constitution of this state or of the
United States.
-^PT)olnt sctiii!: § 7. The common couiicil shall have power to appoint
juayoi. ^^ acting mayor in case of the temporary absence, sick-
ness or other disability of the mayor.
5 8. The common council shall have power to appoint
Ju^Ucr; of the •> ,. . .. p ,, r , ,', r
peace. oue or more ponce justices ot the peace, who shall have
jurisdiction in any action for the recovery of any iine or
penalty under this act, or the act to which tins is an
amendment, or any ordinance, by-law or police rej;ulation
of the common council, anything in the laws of tiiis state
to the contrary notwithstanding. Such police ju.^tce shall
have power to iine or imprison, or both, in his di cretion,
where discretion may be vested in him by ordinance or
regulation.
277 1853.
^ 9. The common council shall iiave ])o\ver to appoint s:ie"t midtdu
one or more street commissior:ers for each ward, wiio shall ^"''"'^"
superintend all local improvements in their resjjective
wards, :iik1 carry into effect all orders of the common coun-
cil in re hition thereto.
§ 10. At the next regular election for aldermen, and cjyinarshnu
annually thereafter, t!iere sliall be elected by the electors
of said city, a city mars'ial, who shall ])erform such duties
and services and be qualified as the ordinances of said city
prescribe, or may hereafter prescribe, and shall have the
same p v-ver to serve iprocess in Will county as constables, •''"''''''^■*'""-
and rec'Mve the like fees; also in each of the wards of said
city there shall be ehiuted one justice of the peace, who •^'''>i''^e"f J"^^'''^''
shall bi commissioned and qualified as other justices of the
peace are now commissioned and qualified, and shall have
the sam?, jurisdiction, perform the same duties and receive Jin^'^'^tio"-
the same fees as other justices of the peace, and shall per-
form S!!ch other duties and service as the ordinances of said
city shail or may prescribe, and shall hold their otiices for
one yeir, and until their successors are elected and qual-
ified. Also, there shall be elected in each ward one con-
stable, who shall give bond and be qualified as other con-
stables, and shall execute all process, and perform the
same duties in said city, and in Will county, as other con-
stable.-:, and receive the like fees, and shall perform such-
other duties and services as shall or may be prescribed by
ordinaiioes or by-laws of said city, and siiall hold their
offices 'foi- one year, and until tlieir successors are eiected
and q .alified.
Thi> act shall take effect and be in force from and after
its pa-;: ).ge.
Approved February 10, 1853.
AX AC r !o im:ori).T:.ve IIk.' tj'.vn of Mor. ':<, in Gr .ndy coiinly. ,.j f-^^^^, p^^, l-,,
1953.
Section 1. Be ilenadedhy the people of the state of lll-
inoU^ represented in tlie General Ah senihly^ That the resi- i3„dy .on-orat*
dent iniiabitants of the town of Morris, in Grundy county, '^»ip"i''^''^-
be and they are hereby constituted a body politic and cor-
porate, by the name and style of "Tiie President and Trus-
tees of t'le town of Morris," and by that name sliail be
known m law, and have perpetual succession, may sue and General puwr^i.
be sueil, pie td and be impleaded, defend and be defended, in
all CO irts of law and equity, and in all actions and matters
what-^oever ; may purcliase, receive, hold and grant real
and per.-jonal property within the limits of said town, and
1853. 278
no otiier, (except for burial grounds,) and may sell, lease
and dispose of tlie same for the benefit of the town; may
have and use a common seal, and alter the same at pleasure ;
and may do all other acts as natural persons which may
be necessary to carry out tlie powers hereby granted.
idaries. § ^- The boundaries of said town shall be as follows,
to wit, beginning at the northeast corner of the northwest
quarter of section number three, in township number tliirt}'-
three north, range seven, east of the third principal meri-
dian ; running thence west one mile to the centre of the
nortii line of section four ; thence south through the centre
of section four and nine, to a point four rods south of the
top of south bank of the Illinois river ; thence in an east-
erly direction along the said bank, following the course of
the said river, four rods from the top of the bank to the in-
tersection of the east line of the nortliwest quarter of sec-
tion ten ; thence north, along said last mentioned line and
through the centre of seciion three, to the place of begin-
ing; and all the territory included within the lines aforesaid
is iiereby declared to be within the corporate limits or
boundaries of said town of Morris.
CIS vested. § 3. The corporate powers of said town shall be vested
in a president and six trustees, who shall constitute a board
for the transaction of business, and who shall serve with-
out compensation while sitting in that capacity.
§ 4. Said town shall be at present be divided into three
wards, as follows : all the territory embraced Vvithin the
limits and boundaries of said t6wn south of Wasllington
street shall constitute the first ward ; ail the territory north
of Washington street and west of Liberty street, shall con-
stitute the second ward ; and all the territory nortii of
Wasllington street and east of Liberty street, shall consti-
tute the third ward. The qualified voters of each of which
said wards shall annually elect two trustees of said town,
and the qualified voters of said town shall annually, at the
time of electing trustees, elect a jiresident of said town,
who shall be president of the board of trustees, iiaving only
a casting vote in said body; they shall also at the same time
elect a treasurer, who shall be ex oj/lciu collector, and have
the same power as other constables in said county ; said
treasurer and constable shall receive such compensation
and in the same manner as is prescribed by law for consta-
bles and for county treasurers and collectors and assessors,
under the general laws of this state, for simiJiir sei vices.
:prs ducted. § 5. The president and members composing the board of
trustees shall be elected annually, on the first JNIonday in
April, (except the first election, which shall be licld on the
twenty-fourth day of Sej)teinber next,) to serve one year
imcation .ifand until others shall be elected and qualified; they shall
'■-•«• have the requisite qualifications to vote for state officers,
279 1853.
shall have resided one year in said town, and the trustees
shall, at the time of their election, be residents of the ward
for which t'ley arc elected. The treasurer and constable
shall have the same qualifications, and shall hold tlieir offices
for one year. No person shall vote at any sucii election
unless he shall be a legal qualified voter for state officers,
and shall have resided in said town six months next pre-
ceding the election, nor shall any person be allowed to vote
except in the ward where he shall reside.
§ 6. The treasurer and constable shall severally exe-Bona.
cute bonds, with good and sufficient security, in the pen-
alty of at least one thousand dollars, payable to the cor- ■
poration by its corporate name, to be approved by the
board of trustees at their first meeting after the election,
and conditioned for the faithful discharge of the duties of
their respective offices ; which bond, with tlie approval of
the board indorsed thereon by the clerk, sliall be filed in
the office of the clerk of the corporation, before said officers,
or either of them, shall enter upon the duties of their
respective offices.
§ 7. It shall be the duty of tlie boai'd of trustees, in ;.,Tot,cc of tcwr
such manner as they may provide, to give notice of all nieetnigv.
town meetings and special elections to he held under the
provisions of this act, by publishing notice tliereof at least
one week prior thereto in some public newspaper printed
in said town, or if there be no such paper, then by posting
up written or printed notices thereof ten days before such
meeting or election, in three of the most public places in
each ward of said town, which notice shall state the time,
place and object of such meeting or election.
§ 8. The board of trustees shall appoint a clerk of^vp^ointicnts.
their board, a town surveyor, and one street commissioner
in each of the wards of said town, and may by ordin mce
provide for their compensation. They shall have power to
appoint such other officers as the interest of the town may
in their judgment require. Said board of trustees shall
be the judges of the election and qualification of their own
members, and all other officers of the town ; they shall have
power to fill all vacancies in the board occasioned by
death, resignation or six months absence of any member
thereof, a majority shall constitute a quorum to do business,
but a smaller number may adjourn from day to day and
compel the attendance of absent members, under such
penalties as the board may provide.
§ 9. The president of the board of trustees shall have special ni>;et!ngi
full power to call special meetings of the board, whenever
in his opinion the public good may require it. He shall
have and exercise exclusive original jurisdiction in all
cases arising under the ordinances of the corporation, and
concurrent jurisdiction with justices of the peace of the
1853. 280
count)- of Grundy, in all oivil and criminal cases arising
ommissiorirM in Said count}'. He shall be commissioned by the governor
hygovcrnui, ^^ a justice of tlic pcacB, and shall receive the same fees
and compensation for iiis services as other justices of the
peace receive for similar services. A{)peals and writs of
certiorari m'^y be prosecuted from his judgments in the
same manner as from the judgments of other justices of
the peace.
, , , , .. Q 10. The board of election for each ward shall be
composed of two trustees elected therein ; tliey sliali ap-
point one clerk at each election, who sliall be sworn before
entering upon the duties of said office, faithfully to peiform
its duties, and studiously to endeavor to prevent frauds in
conducting such election ; and said trustees shall in like
manner be sworn as judges of said election. Such election
shall be by ballot, and the votes shall be canvassed in the
same manner as at general elections, and the result certi-
fied by the judges and clerk ; which certificate, together
witli the poll list, shall be sealed up and returned to the
board of trustees at its next regular meeting.
§ li. The board of trustees shall hold a regular meet-
If/Dljr meet-
ing to determine and decide on elections on the next Mon-
day following any general and special election, and they
shall also meet regularly for the transaction of business
on tlie second Monday of January, April, July and Octo-
ber of each year, or oftener if the board shall deem it
necessary for the public good.
!,.'/y and coiie-f § ^^' '^^^^ board of trustees shall have power to levy
"■y- and collect taxes for the general purposes of the corporation
annually, upon all real and personal property within the
corporation, in any sum they may deem expedient, but
never to exceed three-fourths of one j)er cent, upon the
assessed value thereof, and may enforce the payment of
the same in any manner to be prescribed by ordinance,
not repugnant to the constitution of the United States, or
of this state ; to make regulations to secui-e the general
r„wwH .,r city health of the inhabitants; to declare what shall be con-
sidered nuisances, and to order the removal of any that
may be found within the limits of the corporation, and at
their oj)tion to employ some suitable j)erson to remove the
same, or to enforce the removal thereof upon the owner
or owners thereof, by fine or imprisonmeut, or both ; to
restrain cattle, liorses, sheep', hogs or dogs from running
at larg*' ; to erect and keep in rej)air biidges; to license
and regulate auctions, fei'iits, theatrical and othei- shows
and amusements; to restrain and prohibt gambling houses
and other disorderly houses ; to prevent the improper use
of fire arms within the limits' of the corporation, or any
part thereof; to establish and erect markets ; to open and
keep in repair streets, avenues, lanes, alleys, drains and
281 1858.
sewcrs! ; to establish and regulate a fire department, and
provide for the prevention and extinguishment of fiix-s ; to
dig Weils and erect pumps for the convenience of the in-
habitants ; to regulate the storage of gunj)owder and other
combustible materials, and to pass all ordinances which
may be necessary to carry into effect the provisions of this
act, imposing fines and forfeitures for the breach of any
ordinance, and providing for the correction thereof; to
provide for the imprisonment of offenders against the ordi-
nances of the town : Provided^ that such imprisonment
shall not exceed thirty days for any one offence : ./?/?y/
provided further, that they may by ordinance provide
that such imprisonment may be commuted to work on the
streets of said town for the same length of time.
§ 13, Said boaid of trustees shall have power to swe-waihs,
pass such ordinances providing for the construction of side-
walks and cross walks as the interest of the town
may from time to time require ; and also, for paving, gra-
ding and lighting; the streets of the town, which shall be
done by means ola special tax on the property directly ben-
efitted thereby, or by the owner or owners of the lots in
part [li'ontj of which such improvements are made.
§ 14. If at any time the board of trustees shall open, street?,
extend, widen, narrow or vacate any street, road or alley
within the town, they shall cause a just compensation to be
made to the person or persons injured thereby, to be ascer-
tained by a jury of six disinterested men, to "be summoned
by the town constable, giving the persons interested three
days' iujtice thereof. Said jury shall be sworn to decide im-
partially , and shall report their verdict to the board of trus-
tees at their next meeting, and their verdict shall be final,
and the damages so awarded shall be paid to the individu-
als in U' rested before any alteration in such streets or alleys
shall be made.
§ 15. That the collector of the town shall be provided Tax m.
by the board of trustees with a tax list containing the names
of all the taxable inhabitants of said town, together with
the description of the real estate upon which taxes are lev-
ied, the tax upon each lot to be separate and distinct; and
said collector shall call at least once upon every individu-
al from whom taxes may be due, either at the residence of
such t.ix payer or elsewhere. If • iy of the taxes in said Advenisintf.
tax list sliil remain unpaid, he shall then advejtise said
lots in some public newspaper for the space of thirty days,
stating in such advertisement the amount due, together
with cust of advertising, and that unless the same sliall be
paid by a certain day, to be fixed by ordinance, application
will bt- made to tlie county court of Grundy county for
judgiuf^iit against saiu lots for the amount of taxes and cost
due iliereon, and tiiat the same be sold for the payment
1853.
thereof, and the sheriff of Grundy county shall, on Ivlonday
of the week next after such court shall be held, proceed to
Sell aeiinquent offer Said lots for sale to any person who will pay said tax-
''"'^' es and cost for the least portion of each lot respectively,
and shall give to the purchaser certificates of purchase
therefor, wiiich shall entitle the purchaser to a deed as
hereinafter provided, at tlie expiration of two years, in case
the same shall not be redeemed by the payment of doable
the amount for which such lots were sold, together with all
costs. At the expiration of two years from the date of such
sale, said sheriff, or his successor in office, shall execute a
deed to the purchaser or purchasers, which shall vest in ■
him or them all the rights of property in said lot or lots :
Provided, that notice be first given to the owner or occu-
pant of such lot or lots, in accordance with the constitution
and laws of this state regulating the sale of land for taxes.
^ ^^^ § 16. If the board of trustees of said town of Morris
shall at any time determine, by ordinance duly passed and
published, to have the side-walks of any street or streets
or of any part of the streets of said town paved or planked,
said board may, by ordinance, require the respective own-
ers of the lots or ground in front of which pavements or
plank walks are to be made, to plank or pave the same in
accordance with the ordinances of said board ; and if the
side-walks in front of any lot or piece of ground shall not
be made when directed as aforesaid, said board of trustees
may cause the side-walks in front of any such lot or j)iece
of ground to be made, and the cost thereof, to be ascertain-
ed and determined by saj^ board, shall be a charge against
such lot or piece of ground, and may be collected by the
sale of such lot or piece of ground, in the same manner that
other taxes are collected ; and after the side-walks shall be
made as above provided, said board may provide by ordi-
nance that such side-walks shall be kept in repair by a
special tax upon the lots or pieces of ground in front of i
which such side- walks are made.
Gnuie stroets. § 17. Whenever it may be necessary, in the opinion of:
said board, to fill up or grade any lot or piece of ground, or
the street in front tliereof, on failure of the owner or own-
ers to fill up or grade the same in accordance with the di-
rections of said board, it shall be lawful for said board of
trustees to cause the same to be done, and to ascertain in
sucli manner as said board may provide the cost thereof,
and the amount so ascertained shall be a lien against any
such lot or piece of ground, and if it shall not be paid, it
shall be collected by the sale of such lot or piece of ground
in the same manner in which other taxes are collected.
xuisancc. § l^- If tiie condition of any lot or piece of ground in
said corporation, or the condition or manner of keeping or
existence of any thing thereon erected, shall by said board,
283 1853.
01' by the ordinances by them passed, be deemed to be a
nuisance, said board may, by eitlier general or special or-
dinance, duly passed, cause tlie same to be abated, and
impose such penalties as they may see fit for the existence
or continuance of such nuisance. And when any sucli nui-
sance shall exist within the bounds of said corporation, the
president of said board may cause the owner or occupier
of any such lot or piece of ground to be summoned to ap-
pear before him, to sliow cause why such lot or piece of
ground should not be condemned to pay the penalty or pen-
alties imposed by said board for the existence or continu-
ance of such nuisance; and at the hearing tliereof said pres-
ident may condemn such lot or piece of ground to pay such
penalty or penalties as he may adjudge to have accrued
against it, und such adjudication shall be conclusive upon
all persons who may claim any interest in such lot or piece
of ground, and the penalty so adjudged to be paid shall
constitute a lien upon said lot, and may be enforced and
collected in the same manner that other taxes are collec-
ted.
§ 19. The territory within the boundaries of said cor-Townswp u
poration shall still continue to form a portion of the town-
ship of Morris, as organized under the township organiza-
tion law, and town meetings shall be held and township
officers elected for said township in the same manner as if
this act had not been passed ; but the commissioners of
highways shall have no authority to interfere in any man-
ner with the streets or roads within the boundaries of said
corporation, nor to levy any tax for road purposes, nor
shall they exercise any authority therein.
§ 20. On the first Monday in May next an election vote upon char-
shall be held in said town of Morris, at which the inhabi-
tants residing within the territory described in the second
section of this act, who are qualified to vote for state offi-
cers, shall vote for or against the adoption of this charter,
which election shall be by ballot, and shall be conducted
in such manner as the president and trustees of the town
of Morris, as now organized, sliall prescribe. If a major-
ity of all the votes given at said election shall be in favor
of the adoption of this charter, the same shall immediately
become a law, and sliall be in full force and effect there-
after; but if a majority of all the votes given shall be
against the adoption of said charter, then tliis act sliall be
of no effect.
§ 21. In case this charter shall be adopted by a major- Return of poii
ity of all the votes given as aforesaid, one copy of the poll ^'""''*-
books of said election shall be filed with the clerk of the
county court of the county of Grundy, and another copy
shall be deposited with the clerk of said corporation imme-
diately after his appointment, and shall be by him recorded
1853.
284
at length in a book to be provided for that purpose, and
said record shall be received in all courts and places as
conclusive evidence of the incorporation of said town of
Morris under this charter.
§ 22. This act shall be deemed a public act, and shall
be favorably construed in all courts for the objects and
purposes tlierein contem[)lated.
Approved Febuary 12, 1853.
Jn force Peb. 12, AN ACT to incorporate the Springfield, Alliens and Havcma Ph
1853. Coin.oaiiv.
ik Road
Skction 1. Be it enacted hy the people of the state of
rorporatois. I/ti)i)i<i. represented in the General Jlssemblij, That John
Williams, Pascal P. Edos, Joseph Klein, Virgil Hickox, Wil-
liam Jayne, William Engle, James Walker, A. J. Rockwell
and JoliJi M? Cowan be and they and their assigns and suc-
cessors hereby are made and constituted a body corporate
xame and style, and politic, by the name and style of "The Springfield,
Athens and Havana Plank Road Company;" and shall have
Geaerai powers, power to sue and be sued, to contract and be contracted
with, complain and defend, in any court of law or equity;
to make and use a common seal, and alter the same at
pleasure ; to make by-laws, rules and regulations for the
management of its property, the regulation of its affairs,
tlie appointment and number of its oificers and agents, the
negotiation and execution of its contracts and the transfer
of its stock, not inconsistent with the laws of tliis state or
the United States, and to take and hold sufficient real
estate for the enjoyment of all the privileges herein granted,
and to grant and convey the same at pleasure.
Capital jiooic § ^- Tlie capital stock of said company shall be fifty
thousand dollars, which shall be considered as personal
property, exce[)t for revenue purposes, when it shall be
cou'^idered and taxed as real estate. It shall he divided into
shares of thirty dollars each, and shall be transferable ac-
cording to the by-laws of said company.
piwcr to tall § ^- ^*'^ corporation shall have power to construct,
Btruct. maintain and continue a plank road of such width and upon
siicli route as may by the directors of said company be
deemed advisable, from the city of Springfiehl, in the
comity of Sdn;.5amon, to Athens, in the county of iVIenard.
^ 4. The said Jolin Williams, Pascal P. JEiios, Joseph
Ktvln, Virgil Hickox, William Jayne, William Engle, James
Walker, A. J. Rockwell, and John McCowan, or a ma-
jority of them, shall be commissioners for receiving sub-
oiumlBsioucr
285 1853.
scriptions to the stock of said company, when and where
they, or a majority of them, shall agree upon, autj may re-
quire payment of such amount at the time of subsciiption,
and at such times thereafter as may be by them deemed
advisable.
§ 5. The affairs of said company shall be managed hy f^^^^^^^^,,^^
five directors, a majority of whom shall form a quorum for 'i"^*'".
the transaction of business, and who shall be chosen as
soon as the sum of ten thousand dollars shall be subscribed
of the stock of said company, after which said corporation
may commence the surveys and construction of its roads.
Said directors shall be chosen at such time and place as
shall be decided upon by said corporation, due notice
thereof having been given to the stockholders. After- f^'ecHonf.
wards elections for directors shall take place annually, at
such time and place as the by-laws shall prescribe, due
notice thereof being given. All elections shall be by bal-
lot, and each stockholder shall be entitled to as many votes
as he shall own shares of stock, and the persons having
the greatest number of votes shall be the directors, and
shalf continue in office until their successors are elected
and qualified.
§ 6. Said directors shall have power to erect and Toii-gates.
maintain such toll-houses, toll-gates, rnd other buildings
for the management and accommodation of said road, and
the travel and transport thereon, as they may deem suit-
able to its interests, and demand, collect and receive of
and from any and every person using said road, or so much
thereof as may be completed, toll, to be regulated by the^"*'>^<'' <^^'-
directors, but not to exceed the rates prescribed by "An
act to provide for the construction of plank roads by a
general law," approved February 12th, 1849 ; and the first,
third, fourth and sixth sections of an act, approved Feb-
ruary 1st, 1851, amendatory of said act of Febriiary 12th,
1849, and the act approved February 17th, 1851, further
to amend the act of February 12th, 1849, are made part
of the charter hereby granted, as far as applicable thereto.
§ 7. The corporation hereby created is authorized to jii^.^^j,f^3j.^
acquire by voluntary cession or purchase from the owner
the right to construct said road over any lands belonging
to individuals, companies or corporations on the route
adopted for the construction of said road; and in case said
corporation cannot obtain the riglit to construct said road
over the lands owned by any individual, company or cor-
poration by voluntary cession or purchase, it shall be law-
ful for said corporation to appropriate and vse so much of
said land as shall be necessary for the proper construction
of said road, on complying with the provisions of an act
entitled "An act to amend the law condemning right of
1853.
Kovrew money.
286
way for purposes of internal improvement," approved June
22d, 1852. , ^ . . ,, .
§ 8. Said corporation is liereby vested with all the
powers conferred on plank road companies organized un-
der tlie creneral laws for the construction of plank roads, to
make contracts with county and city authorities for the
use of any part of a public highway or street for the con-
struction of said road.
§ 9. Said corporation, in and about the construction
of said road, and to aid them therein, may borrow money
not exceeding in amount seventy-five thousand dollars, and
at any rate of interest not exceeding ten per cent, per annum.
a„.a,.oncoun- 5 10. The county of Sangamon may, by its county
ty to subscribe ^Q^^j,. subscribc to the stock of said company an amount
''"''■ not exceeding one-third the probable cost of constructing
said road from Springfield to the county line, and shall
cause, at the next annual election thereafter, a vote to be
taken for or against said subscription ; and if a majority of
such votes be for the subscription, said court shall issue
bonds to an amount equal to said subscription, bearing in-
terest not exceeding eight per cent, per annum, which shall
be received by said company in payment of said subscrip-
tion. Said court shall cause the interest on said bonds
punctually to be paid annually.
power c. r.ten- ^ 11. The Corporation hereby estabhslied shall have
''""- power, and tliey are hereby authorized to extend the said
plank road from Athens to Havana, in Mason county, and
also construct a branch of said road from the said town of
Athens to the town of Petersburg, in Menard county, and
for the purpose of enabling the said corporation to make
said extension and branch, or either of them, they are here-
by authorized to increase their capital stock the further
sum of one hundred thousand dollars.
§ 12. This act to be a public act, and to be in force
from and after its passage.
Approved February 12, 1853.
12, AN ACT to incorporate the Rock Islnml and Moline Plank Road Company.
Section 1. Be it enacted hij the people of the state oj
IVinou^ represented in tlie General .'hsemhl;/. That J. W.
Drury, Marcus B. Osborn, Isaac Negus, William Bailey,
Lemuel Andrews and Hiram Pitts, and their successors, be
and they are hereby constituted a body corporate and pol-
itic to "have perpetual succession and existence, to be
tvio. known as "The Rock Island and jNIoline Plank Road Com-
287 1853.
pany," and by that name and style may contract and be oonorai power..
contracted with, sue and be sued, plead and be impleaded,
as a natural person, and shall be so recognized in courts
of law and equity, and have a common seat, alter the same
at pleasure, and they shall have power, in their corporate
name, for the use of said corporation, to purchase and hold
such real estate as may be necessary for the free enjoyment
of all privileges herein granted. Said company shall have
all the powers and be subject to all the restrictions con-
tained in an act entitled "An act to provide for the con-
struction of plank roads by general law," in force April
loth, lo49.
§ 2. The capital stock of said company shall not ex-capuai stock.
ceed^fteen thousand dollars, and said company are hereby
authorized to acquire right of way necessary for the R'ght ot w..y.
construction of said plank road, in accordance with the
general law concerning plank roads ; and when one or more
miles of said road is completed, said company may erect
gates and receive tolls, not charging higher rates than is
provided by the general law concerning plank roads ; and
after the term of twenty-five years said company shall not
charge a higher rate than one cent per mile for any kind
of teams traveling thereon. Said road shall be commen-
ced in two years, and be finislied in five years.
§ 3. Said corporation shall have power to construct, powo. u cov-
maintain and continue a plank road, of such width as they '^'™'-
may deem advisable by the directors of said corporation,
trom said city of Rock Island to the town of Moline.
§ 4. This act to take effect and be in force from and
after its passage.
Approved Feb. 12, 185.3.
AN ACT supplemental fo an act entitled "An act to incorporate the Ilhnois In force Feb. u,
and Wisconsin Railroad Company." iSos.
Section 1. Be it enacted hy the people of the state
of Illinois, represented in the General Assembly, That the Northern tc™,,-
lllinois and Wisconsin Railroad Company may locate the ""'*
northern terminus of their road at a point on the north line
of the state within one mile of the northwest corner of Mc-
Menry county.
cre^ ^" 7^^^ ^"^^^ company may, from time to time, in- Capuai stock,
of u^^ ^ capital stock until it amounts to three millions
sha^? u^''"' ^^"^ '''^ holders of the sto-k of said company
con responsible only for the instalments due or to be-
le due on the stock held by each individual respectively.
1853. 288
Change the nnm- ^ 3. The stockholders of said company may, from time
ber of directors. ^^ time hereafter, ai any general meeting of the stockhold-
ers for the election of directors of said companj, change
the number of the board of directors to any number not
less than five nor more than fifteen, and the said directors
shall not be required to reside in the state.
^ 4. This act and the act to which it is supplemental,
and all acts supplemental or amendatory of said last named
act, shall be deemed public acts. This act shall be m
force from its jjassage.
. Approved February 14, 1853.
AN ACT to incorporate the Belleville and Richmond Plank Road Com-
)u force Feb. IO5. ^ nanv
1863. ' -
Section 1. Be it enacted by the people of the state of
Ilhnois, represented in the General .'issevihly, Tliat James
, , L. D. Morrison, William C. Kinney, George Eiseiunoyer,
' "• Robert Norman, William M. Phillips, James Ramsc y, Fred-
erick Brook Smith, and their associates, and their heirs,
assigns and successors, shall be and they are hereby con-
stituted a body corporate, under the name and style ot
"The Belleville and Richmond Plank Road Company, and
by that name shall have perpetual succession, may sue and
be sued, plead and be impleaded, answer and be answered
unto, in any court of law and equity ; they may make use
of a common seal, and alter the same at pleasure; make by-
laws, rules and regulations for the management ot their
property and affairs, and for the transfer of their stock, not I
inconsistent with the laws of this state or of the United I
States; and shall be capable, in their corporate name aiore-
said, to purchase and hold so much real estate as may be
necessary for the construction and maintenance ot such
plank road hereinafter described.
6 2. Said corporation shall have power to construct,
S/" ""'maintain and continue a plank road, of such width as may
be deemed advisable by said corporation, from the city ot
Belleville, in St. Clair county, by Mascoutah, Plumb Spring
and JSashviUe, in Washington county, to Richmond, in said
county. „ . , 1 • 1 *
6 3 The capital stock of said company may be eighth
opi.a, sto=.. ^^^ns^^A dollars, which shall be considered persm.al pro
erty, and divided into shares of one hundred dollar- ■"
Said capital stock may be increased by vote of tl ■
tors to one hundred thousand dollars.
5 4 That James L. D. Morrison, WiUian
eummusioner V Eisenmoyer, Robert Norman, Willian.
Kami- and style
General powers
ro
fS 0 3
lian; '
289 1853.
James Ramsey and Frederick Brook Smith, and such otli-
ers as they may associate with them, sliall be commission-
ers for receiving subscriptions to the stock of said compa-
ny', when and where, and after such notice as they or a ma-
jority of them shall agree. They may require security for
the payment of subscriptions thereto and payment there-
of from time to time as they may deem necessary, before
the same shall all be taken.
§ 5. The affairs of said company shall be managed byMMaf^cuunt
five directors, three of whom shall be a quorum to perform '**^*'"'
the business of said company, who shall be chosen so soon
as the sum of ten thousand dollars shall be subscribed to
the stock of said company. Said directors shall continue
in office one year, and until their successors shall be qual-
ified. They shall be chosen by the stockholders, each of
whom may vote personally or by proxy, casting as many
votes as each may own shares of stock. Elections of di-
rectors shall be Held at the time and place appointed by
the commissioners ; and all subsequent elections may be
held and regulated according to the by-laws of said com-
pany.
J' § 6. Upon the election of directors ar.d the organiza-
tion of their board, the said commissioners shall deliver to
said directors all moneys received by them on subscription
of stock, and books of subscription and other property of
said company.
§ 7. The said corporation is authorized, as soon as theToii-gm.,.
board of directors is elected, to commence the construc-
tion of said road; and as soon as any three miles of said
road shall be completed, they may erect toil-gates thereon,
and collect the tolls allowed by this act. Said company
shall keep said roAd in repair, and shall have power to con-
struct bridges and causeways over sloughs and streams
anywhere on the route of said road they ijiay deem neces-
sary; and said company may have power to borrow money, Bom^nKn^
not exceeding one hundred thousand dollars, to aid in con-
structing the same.
§ 8. The said corporation shall have power to fix androiis.
regulate the tolls to be charged and paid for passing on
said road : Provided, said tolls shall not exceed the follow- ^"'''^■
ing rates : for every vehicle drawn by one animal, three k^'^-s or t,>ii-..
cents per mile ; by two animals, four cents per mile, and
one half cent additional for each mile for every animal more
than two ; for every ten of neat cattle, one and one half
cents per mile ; and for every ten of sheep or swine, one and
one half cents per mile ; and it shall be lawful for every
toll-gatherer to stop and detain any person going on said
road until the toll properly chargeable shall be paid ; and
any person who shall use said road and refuse to pay such
toll, shall forfeit and pay for such refusal the sum of three
[ T]
1853. 290
dollars, to be collected by said corporation by action of
debt before any justice of the ])eace of the proper county.
§ 9. Said corporation shall be allowed two years from
the passage of this act to commence the consiructic-n of
said road, and shall complete the same within ten y^ars
from the commencement ot the same, and upon a failure to
do so, this charter shall be forfeited.
Right of way. § 10. Said corpoiation is hereby authorized to locate
and construct said plank road over any lands owiicJ ijj> ihis
state or by individuals on the route of said road. Said
company shall pay all damages that may arise or accrue to
any person or persons by r.eason of taking their lands, tim-
ber, rock, stone or gravel, for the use of said road; and
when the same cannot be obtained by consent of owners
upon reasonable terms, it shall be estimated and recovered
in the manner provided by law for the recovery of dama-
ges happening by the laying out of highways.
Order of the § H- The couuty commissioncrs' court of the several
county court, countics through which the said ( road] shall pass may, by an
order entered upon record, authorizing said company to
plank not exceeding ten feet wide any part oftlie public liigh-
way between said Belleville --'vjI Richmond, and to grade and
keep the same in repair for the use of said company. Said
road may be extended to Mount Vernon with tiie same
privileges and under the same provisions as are heretofore
granted and made. This act to take effect from and after
its passage.
Approved February 10, 1853.
In force Feb. 10, -^'^ ACT to incorporate the Illinois Saint Andrew Society,
1853. '
Section 1. Be it enacted by the pcojile of tJie state of
Itlinou^ represented in the Geyieral */Isscmbly, That George
Corporators. Audersou, president, William J. Patterson, 1st vice presi-
dent, John McGeshan, 2d vice president, Peter McFarlane,
secretary, John Alston, treasurer, and the other present
members of the Illinois vSaint Andrew Society, now exist-
ing at the city of Chicago, in this state, and such other per-
sons as may hereafter be admitted memoers of said society,
according to t!ie rules and regulations thereof, be and they
are hereby declared and constituted a body politic and
Name and style, corporate, Under the name and style of "The Illinois Saint
Andrew Society," and henceforth shall be styled and known
by that name, and that style and name shall remain and
General iwwert. have perpetual succession, with power in and by such
name to sue and be sued, plead and be impleaded, prose-
291 1853.
cute and defend, in all manner of actions at law or in equi-
ty, in all courts wliatsoever, and in all matters and places
where legal and equitable proceedings are had, and, if
necessary, to sign, execute and deliver, by the president
and secretary of said society, for the time being, under the
seal thereof, all arbitration and other bonds in obtaining
the legal rights and advancing the interest of said society;
and also in and by such name to acquire, purchase, hold,
grant, bargain, sell, alien, and convey any property, whetii-
er, real, personal or mixed, and to loan the money and
funds of said society, and take promissory notes, bonds,
mortgages, or other evidences of indebtedness, for the
money or funds so loaned ; and to have and use a common
seal, and to alter the same at })Ieasure; and to make and
from time to time to alter, as they may deem proper and
expedient, a constitution and by-laws ibr said society, de-
claring the purposes and defining the powers of said society,
the times of election and manner thereof, for the offi-
cers of said society, and the number and duties of such of-
ficers, and generally such other provisions for the good
government and existence of such society as a majority of
the members ])resent may determine : Provided., such con-
stitution and by-laws shall not conflict with the constitu-
tion and laws of the United States or of this state ; which
said constitution and by-laws of said society, when record- constitution ar.c
ed 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 of the facts therein stated, in ail courts
of justice and upon all lawful occasions.
§ 2. The said corporation shall not, at any one time, personal vu-
hold personal property to a greater amount than fifty thou- i*''^^*
sand dollars, nor real estate to a greater amount than twen-
ty thousand dollars ; and the personal property belonging
to said society shall not be appropriated otherwise than for
the benefit of said society, the improvement of its real es-
tate, and to such benevolent and other purposes, and in
such manner as shall be declared, provided fjr and direct-
ed in the constitution or by-laws hereinbefore authorized
to be made.
§ 3. The office and meetings of said society shall be omcc.
kept and held in the said city of Chicago; and in case any do-
nation, devise or bequest shall be made to said society, for Devise or b<-
particular purposes, and said society shall accept the same, '^"''*''
every such donation, devise or bequest shall be applied in
conformity with the express conditions of the donor or tes-
tator.
§ 4. This act shall be deemed a public act, and shall
be in force for the term of seventy-five years after the pas-
sage and approval thereof.
Approved February 10, 1853.
1853. 292
In force Feb. 12, AN ACTto incorporate the Elizabethtown and Benton Plank Road Companv.
1853. *^ ■'
Section 1 . Be it enacted by the 'peo'ple of the state of Illi-
nois^ represented in the General Assembly, Tliat James
corporator.. McFarlaii, James M. Warren, W. B. Johnson, John Mitch-
ell, M. Abner, John Davis, William K. Parrish, Hugh B.
Montgomery, and all such persons as may associate tliem-
selves with them, their successors and assigns, shall be, and
for the term of thirty years after the passage of this
act shall continue to be, a body politic, under the
Name and style, name and style of "The Elizabethtown and Benton
Plank Road Company," and by that name shall have suc-
ucnorai ^o^^e■s. ccssion for the term of thirty years, may sue and be sued,
plead and be impleaded, answer and be answered unto, in
any court of law or equity, make and use a common seal,
alter the same at pleasure ; may make by-laws, rules and
regulations for the management of their propert)', regula-
tion of their affairs, and for the transfer of their stock,
not inconsistent with the constitution and laws of the
United States and of this state.
Kowe- to cor- § ^" Said compauy shall havc powcf to construct, maiu-
*"■:";• tain and continue a plank road, of such width as they may
deem advisable, from Elizabethtown, in Hardin county, to
Benton, in Franklin county, and the capital stock of said
company may be eighty thousand dollars, which shall be
considered personal property, and divided into shares of
one hundred dollars each.
.lijoks. § 3. The said company, their successors and assigns,
or a majority of them, may open books for receiving sub-
scription to the stock of said company, when and where
and after such notice as said comjiany, or a majority of
them, shall agree. They may require security for the pay-
ment of subscriptions thereto; and partial payments thereof
from time to time, as they may deem necessary, before the
same shall be taken.
M.ai.flperuiiit of § 4. Tile affairs of said company shall be managed by
affairs. ^^^^ dircctors, three of whom shall be a quorum to do and
perform the business of said company, who may be chosen
as soon as the sum of sixteen thousand dollars shall be
subscribed of the stock of said company. Directors shall
continue in office for one year, and until their successors
shall be elected and qualified. They shall be chosen by
the stockholders, each of whom may vote personally or by
proxy, casting as many votes as each may own shares.
Elections of directors shall be held at the time and ])lace
appointed by said comjiany, or a majority thereof, after
twenty days' notice, and all subsequent elections may be
held and regulated according to the by-laws of the com-
pany, as also the filling of any vacancy that may occur
in said board of directors.
293 1853.
§ 5. Upon the election of directors, and the organiza-
tion of their board, the said company shall deliver to said
directors all moneys received on subscriptions to stock,
and books of subscription and other property of said
company.
§ 6. The said company is autliorized, as soon as the t..;;.
board of directors is elected, to commence the con>;truc- .
tion of said road, and as soon as any three miles thereof
shall be completed, may erect toll-gates thereon and col-
lect the tolls allowed by this actj and said company shall
have power, and full authority is hereby vested in them, to
construct bridges and cuU^erts on the line of said road, Brw^es.
across any streams, sloughs or swamps; and said company
shall keep said road, bridges and culverts in good repair,
and shall have power in their discretion to improve the
common highways coming into said plank road, by bridges,
causeways, etc., but shall not charge any tolls for travel-
ing or hauling on said common highways. And said com-
pany shall have the power to borrow not exceeding fifty Borrow money-
thousand dollars to aid in the construction of said plank
road.
§ 7. The stockholders shall be individually liable for stockholders lia-
the debts of said company contracted by the directors
thereof, to the amount of their stock, and no further; and
said company shall have the power to fix and regulate the
tolls to be charged and paid for- passing on said road, and
it shall be lawful for any toll-gatherer to stop or detain Po^*el• of u>\u
any person going on said road until the tolls properly
chargeable shall be paid; and any person who shall use
said road and refuse to pay said tolls, or comply with the
regulations of said company properly posted at the gates
thereof, shall forfeit and pay for such refusal or non-com-
pliance the sum of five dollars, to be collected by action
of debt before any justice of the peace of the proper
county in the name of any person desirous of prosecuting
the same.
§ 8. The said company shall have eighteen months Timeofc.5nst.r.if=
from the passage of this act to commence the construction
of said road, and shall complete the same in six years, and
upon a failure so to do this charter shall be forfeited.
§ 9. The said company is hereby authorized to locate i-: ;, tor way.
and construct said plank road and necessary toll-houses
and warehouses on any land sites or right of way owned
by this state, and on the lands of any individual on the
route of said road, but shall pay all damages that shall
arise or may accrue to any person or persons by means of
taking their lands, timber, stone, or gi*avel, for the use or
construction of said road, and when the same cannot be
obtained by the consent of owners upon reasonable terms,
it shall be estimated and received in the manner provided
1853.
294
by law for the recovery of damages happening by the lay-
ing out of said road.
§ 10. The rates of toll to be charged by said company
for travel upon said road shall not exceed the following :
for every vehicle drawn by one animal, two cents per mile ;
for every vehicle drawn by two animals, three cents per
mile; for every veliicle drawn by more than tvvo animals,
three cents per mile, and one-half cent additional per mile
for every animal more than two ; for every ten or less of
neat cattle, one cent per mile; for every ten or less of sheep
or swine, one cent per mile, and for every horse and rider,
or led horse, one cent per mile.
§ II. Tliis act to be deemed a public act, and to take
effect fiom and after its passage.
Approved February 12, 1853.
)u forcfil'V!). 12, AN ACT to incorporate the Springfield and Taylorville Plank Road Com-
185:>. pany.
Section 1. Bit it enacted by the -peoph uf the. state of
IlUnois, represented in the General Jisscmhly^ That James
a-, ;,,ratu,s. A. B.:irret, H. M. Vandever, William Ricks, Robert Irwin,
John W. Priest be, and their assigns and successors, here-
by are made and constituted a body corporate and politic,
N3ma ana style, by the name and style of "Tlie Springfield and Taylorville
Plank Road Company," for the space of fifty years, and
rtanfiiai ;'o^c)?. siiall iiavc powcr to suc and be sued, to contract and be
contracted with, complain and defend, in any court of law
or equity : to make and use a common seal, and alter the
same at pleasure; to make by-laws, rules and regulations
for the management of its property, the regulation of its
affairs, the appointment and number of its officers and
agents, t!ie negotiation and execution of its contracts, and
the transfer of its stock, not inconsistent with the laws of
this state or the United States, and to take and hold suffi-
cient real estate for the enjoynent of all tiie privileges
herein granted, and to grant and convey the same at pleas-
ure.
, ^^^^ ^, _ ,. ^ 2. The capital stock of said company shall be one
hundred thousand dollars, which shall be considered as
personal property, except for revenue purposes, when it
shall be considered and taxed as real estate, and divided
into pliarl'S of fifty dollars each, and shall be transferable
according to the by-laws of said company.
Power to en- § ^' '^^^^ corporation shall have power to construct,
btiuoi. maintain and continue a plank road, of such width and up-
on such route as may by the directors of said company be
295 1853.
deemed advisable, from the city of Springfield, in the coun-
ty of Sangamon, to Taylorville, in the county of Christian.
§ 4. The said James H. Barret, H. M. Vandever, commissioners
William Ricks, Robert Irwin and John W. Priest, or a ma-
jority of them, shall be commissioners for receiving sub-
scriptions to tiie stock of said company, when aiid where
they, or a majority of them, shall agree upon, and may re-
quire payment of such amount, at the time of subscription,
and at sucli times thereafter as may be by them deemed
advisable.
§ 5. Tiie affairs of said company shall be managed by MatK.p,;iKiit.
five directors, a majority of whom shall form a quorum for
the transaction of business, and who shall be chosen as
soon as the sum of twenty thousand dollars shall be sub-
scribed of the stock of said company, after which said
corporation may commence the sur\'eys and construction
of its road. Said directors shall be chosen at such times
and places as shall be decided upon by said corporation,
due notice thereof having been given to the stockholders;
afterwards elections for directors shall take place annu-
ally, at such time and place as the by-laws shall prescribe,
due notice thereof being given. All elections shall be by
ballot, and each stockholder sliall be entitled to as many
votes as he shall own shares of stock, and the persons
having the greatest number of votes shall be the directors,
and shall continue in office until their successors aie
elected and qualified.
§ 6. Said directors shall iiave power to erect and Toii-hou.os.
maintain such toll-houses, toll-gates, and other buildings
for the management and accommodation of said road, and
the travel and transport thereon, as they may deem suit-
able to its interests, and demand, collect and receive of
and from any and every person using said road, or so much
thereof as may be completed, toll, to be regulated by theTo.i.-
directors, but not to exceed the rates prescribed by "An
act to provide for the construction of ])iank roads by a
general law," approved February 12th, 1849, and the first, '
third, fourth and sixth sections of an act approved Feb-
ruary 1st, 1851, amendatory of said act of February 12th,
1849, and the act approved February 17th, 1851, further
to amend the act of February 12th, 1849,' are made pa.rt
of the charter hereby granted, so far as applicable thereto.
§ 7. The corporation hereby created is authorized to Ri.-ht of war-
acquire, by voluntary cession or purchase from the ownei",
the right to construct said road over any lands belonging
to individuals, companies or corporations on the route
adopted for the construction of said road; and in case said
corporation cannot obtain the right to construct said road
oyer the lands owned by any individual, company or cor-
poration, by voluntaj-y cession or purchase, it shall be law-
1863.
296
ful for said corporation to appropriate and use so much of
said land as shall be necessary for the proper construction
of said road, on complying with the provisions of an act en-
titled "An act to amend the laws condemning right of way
for purposes of internal improvement," approved June 22d,
185:i.
§ 8. Said corporation is hereby vested with all the
powers conferred on plank road companies organized un-
der the general laws for the construction of plank roads,
to make contracts with county and city authorities for the
use of any part of a public highway or street for the con-
struction of said road.
§ 9. Said corporation, in and about the construction of
said road, and to aid it therein, may borrow money not ex-
ceeding in amount fifty thousand dollars, and at any rate of
interest not exceeding ten per cent, per annum. This act
to be a public act, and be in force from and after its passage.
Approved February 12, 1853.
AN ACT to charter the city of Ottawa.
ARTICLE 1. — Of Boundaries and General Power f>.
Section 1. Bt it enacted by the people of the state of
Illinois, represented in the General Jissembly, That the
corporate inhabitants of the town of Ottawa, in the county of La-
Salle, and of the additional territory embraced within the
boundaries mentioned in the following section, be and they
are hereby constituted a body politic and corporate, by the
name and style of "The City of Ottawa," and by that r.ame
shall have perpetual succession, and may have and use a
common seal, whicli tiiey may change and alter at pleasure.
.„;, , § 2. All that district of country embraced within the
following limits, to wit, section No. eleven (11.) the
south half of section No. two (2,) the east lialf of section
No. ten (10,) tiie south half of section No. fourteen (14,)
the west half of section No. twelve (12,) and all that
portion of the southwest quarter of section No. one (1,)
tiiat lies west of Fox river, all in township No. thirty-three
(33,) north, of range No. three (3,) east of tlie third prin-
cipal meridian.
§ 3. In case a majority of said inhabitants shall be in
'^''°""'' favor of incorporation as hereinafter mentioned, the fol-
lowing named persons, to wit, Lorenzo Leland, Wm. H.
W. C ashman, Benjamin T. Phelps, Henry Hurlbut, Henry
F. Eames, Lucian B. Delam and Marshall Miller, or a ma-
297 1863.
jority of them, shall meet at the court house in Ottawa, on
the second Monday of April next and divide the said city
of Ottawa into five wards, particularly describing the wards,
boundaries of each, appoint three judges of elections in
each ward to act in all cases until their successors shall be
appointed as hereinafter mentioned, fix the tunes and places
of said elections in each ward, until the city council shall
be elected, give at least ten days' notice in one or more
of the public newspapers ])rinted in Ottawa, of the time
and place of holding said election, and make a full report
of the same to the city council, when elected, at their first
meeting.
§ 4. The inhabitants of said city, by the name and ociu-rai row^r
style aforesaid, shall have power to sue and be sued, to
plead and be impleaded, defend and be defended, in all
courts of law and equity, and in all actions whatever ; to
purchase, receive, and hold property, both real and per-
sonal, in said city; to sell, lease, and convey or dispose of
property, and do all other things in relation thereto as nat-
ural persons.
ARTICLE 2.-0/ the City Council.
§ 1. There shall be a city council, to consist of a city council.
mayor and board of aldermen.
§ 2. The board of aldermen shall consist of two mem- Baard of awt
bers from each ward, to be chosen by the qualified voters '"^°"
for two years.
§ 3. No person shall be an alderman unless at the Eiisibiity.
time of his election he shall have resided one year within
the limits of the city, and shall be at the time of his elec-
tion twenty-one years of age, and a citizen of the United
States.
§ 4. If anj alderman shall, after his election, remove y^^ated.
from the ward for which he is elected, his office is hereby
declared vacated.
§ 5. At the first meeting of the city council, the alder- divide by let.
men shall be divided by lot into two classes ; the seats of
those of the first class shall be vacated at the expiration of
the first year, and of the second class at the expiration of
the second year, so that half of the board shall be elected
annually.
§ 6. The city council shall judge of the qualifications,
elections and returns of their own members, and shall de-
termine all contested elections.
§ 7. A majority of the city council shall constitute a quo- Quonim.
rum to do business, but a smaller number may adjourn from
day to day, and compel the attendance of absent members,
under such penalties as may be prescribed by ordinance.
1853.
298
Tillies of proceed-
ings.
§ 8. The city council shall have power to determine
the rules of its proceedings, punish its members for dis-
orderly conduct, and, witli the concurrence of two-thirds
of the Hjembers elected, expel a member.
§ 9. Tiie city council shall keep a journal of its pro-
ceedings, and from time to time publish the same, and the
yeas and nays, when demanded by any member present,
shall be entered upon the journal. It shall be the duty of
said city council to record the report mentioned in section
three, article one, in said journal, and said record tliereof
shall be 2^'>'i'^^<^ facie evidence of the truth of the matter
therein stated.
§ 10. iSo alderman shall be appointed to any office
under the authority of ihe city whicii shall have been cre-
ated or the emoluments of which shall have been increas-
ed during the time for which he shall have been elected.
§ 11. All vacancies that shall occur in the board of
aldermen shall be filled by election.
§ 12. The mayor and each alderman, before entering
on the duties of their otiiee, shall take and subscribe an
oath that they will support the constitution of the United
States and of this state, and tliat they will well and truly
perform the duties of their office to the best of their skill
and ability.
§ 13. Whenever there shall be a tie in the election of
aldermen, the judges of election shall certify the same to
the mayor, wlio shall determine the same by lot, in such
manner as shall be provided by ordinance.
§ 14. There shall be twelve stated meetings of the
city council in each year, at such times and places as may
be prescribed by ordinance.
ARTICLE 3.-0/ the Chief Executive Officer.
§ 1. The chief executive officer of the city shall be a
mayor, who shall be elected by the qualified voters ofthe
city, and sliall hold his office for one year, and until his suc-
cessor shall be elected and qualified.
J 2. No person shall be eligible to the office of may-
or, who shall not have been a resident of the city for one
year next preceding liis election, or who shall be under
twenty-one years of age, or who shall not, at the time of
his election, be a citizen ofthe United States.
§ 3. If any mayor, during the time for which he shall
have been elected, remove from the city, his office shall
be vacated.
§ 4. When two or more persons shall iiave an equal
number of votes for mayor, tiio judges of election shall
certify the same to the city council, w!io shall proceed to
determine by lot which of said persons shall be mayor.
299 1853.
5 5. Whenever an election of mayor shall be contest-
ed, the city council shall determine the same as may be
prescribed by ordinance.
§ 6. Whenever any vacancy shall happen in the office vacancies fiued.
of mayor it shall be filled by election.
ARTICLE 4—0/ Elections.
§ 1. On the first Monday of May next an election Kiectiona.
shall be held in each ward of said city for one mayor for
the city and two aldermen for each vi'ard, and forever there-
after, on the first Monday of May of each year, there shall
be an election held for one mayor for the city, and one
alderman for each ward, the aldermen to be residents of
the ward for which ihej are elected. The first election for
mayor and aldermen shall be held, pursuant to notice to
be gi\ en as provided in section three of article one, and
returns thereof made by said judges of election to said may-
or and aldermen so elected.
§ 2. All free white male inhabitants over the age of voters.
twenty-one years, who are entitled to vote for state officers,
and v/ho shall have been actual residents of said city ninety
days next preceding said election, shall be entitled to vote
for city officers : Provided, that said voters shall give their
votes "tor ma3^or and aldermen in the wards in which they
shall respectively reside, and in no other, and that no vote
shall be received at any of said elections unless the person
offering such vote shall have been an actual resident of the
ward where the same is offered at least ten days next pre-
ceding sucli election.
§ 3. If the right of any person to vote at any election
shall be challenged, either one of the judges of election may
administer an oath to such person to make true answers
toueiiing his qualifications as an elector, and examine him
on the subject.
§ 4. The judges of election shall make returns of the r.ctnrns.
elections to the city council, and the clerk of the city coun-
cil s:iali forthwith forward an abstract showing the num-
ber of votes received by each person for mayor to the go-
vernor, and certify the same under the seal of the city-
ARTICLE 5—0/ the Legislative Powers oj the City
{Council.
§ 1. The city council shall have power and authority to Lovy and eoiieet,
levy and collect taxes upon all property, real and personal,
within the limits of the city, not exceeding one-iialf of one
per cent, per annuin, upon the assessed value thereof, and
may enforce the payment of the same in any manner to be
1853.
300
Contagious
eases.
Improve streets
Bridge?.
1-iclitlng streets
Market houses.
prescribed by ordinance, not repugnant to the constitution
of the United States and of this state.
§ 2. The city council shall have power to appoint a
clerk, treasurer, assessor, collector, marshal, surveyor, su-
pervisor of streets, a first and second engineer of the fire
department, three trustees of schools of each school dis-
trict of said city, and all such other officers as said city
council may deem necessary to perform the duties required
to be performed under this charter, and to prescribe by
ordinance their powers and duties.
§ 3. The city council shall have power to require of
all officers appointed in pursuance of this charter, bonds
with penalty and security for the faithful performance of
their respective duties, as may be deemed expedient, and
also to require all officers appointed as aforesaid to take
an oatii for the faithful performance of tlie duties of their
respective offices, before entering upon the disc'aarge of the
same ; to establish, support and regulate common schools ;
to divide the city into school districts ; to boiTow money
on tlie credit of the city, and to issue bonds therefor, and
pledge tlie revenue of the city for the payment th.ereof :
Provided^ that no sum or sums of money shall be borrowed
at a greater interest than at ten per cent, per annum.
§ 4. To appropriate money and provide for the pay-
ment of the debts and expenses of the city.
§ 5. To make regulations to prevent the introduction
of contagious diseases into the city, to make quarantine
laws for that purpose, and enforce the same within five
miles of the city.
§ 6. To establish hospitals, and ma'ie regulations for
the government of the same.
§ 7. To make regulations to secure the general healtii
of the inhabitants, to declare what shall be a nuisance,
and to prevent and remove the same.
§ 8. To provide the city with water, to erect hydrants
and pumps in the streets for the convenience of the inhab-
itants .
§ 9. To open, alter, abolish, widen, extend, establish,
grade, pave, or otherwise improve and repair streets, ave-
nues, lanes and alleys, and other public hii^liways.
§ 10. To establish, erect and keep in repair bridges.
§ 11. To divide the city into wards, alter the bound-
aries thereof, and erect additional wards [as] the occasion
may require.
§ 12. To provide for lighting the streets and erecting
lamp posts.
§ 13. To establish, support and regulate night watches.
§ 14. To erect market lioiises, to establish markets ajid
market places, and provide for the government and regula-
tion thereof.
301 1853.
§ 15. To provide for all needful buildings for the use
of the city.
§ 16. To provide for the enclosing, improving and reg- Public grounds.
ulating all public grounds belongii;g to the city.
§ 17, To erect, repair and regulate public wharves, '"'i^arves, aocss,
and docks ; to regulate the erection and repair of private
wharves, and the rates of wharfage thereat.
§ 18. To license, tax and regulate auctioneers, mer- Auctioneers.
chants, retailers, grocers, taverns, ordinaries, hawkers, ped-
lars, brokers, pawnbrokers and money changers.
§ 19. To license, tax and regulate hackney carriages, carriages,
wagons, carts and drays, and fix the rates to be charged
for the carriage of persons, and for the wagonage, cart-
age and drayage of property.
§ 20. To license and regulate porters, and fix the rates Porters.
of porterage.
§ 21. To license, tax and regulate theatrical and other siiows.
exhibitions, shows and amusements.
§ 22. To restrain, prohibit and suppress tippling houses. Gaming houhes.
dram shops, and gambling houses and bawdy houses, and
other disorderly houses.
§ 23. To regulate the fixing of chimneys and the flues chimnerg.
thereof.
§ 24. To regulate the storage of gunpowder, tar, pitch, Gunpowder.
rosin, and other combustible materials.
§ 25. To regulate and order parapet wails and parti-
tion fences.
§ 26. To establish standard weights and measures ; to^^'si^^^^^ "'»'*
regulate the weights and measures to be used in the city,
in all cases not otherwise provided by law.
§ 27. To provide for the inspection and measuring of Lumber.
lumber and building materials, and for the measuring of all
kinds of mechanical work.
§ 28. To provide for the inspection and weighing of inspectors otkar
hay and stone coal, the measuring of charcoal, fire wood, ^^'
and other fuel to be used or sold within the city.
§ 29. To provide for and regulate the inspection ofinspectors of
flour, meal, pork, beef, lard, butter and other provisions ; '^'^"'^'
also, whisky and other liquors in barrels and other vessels.
§ 30. To regulate the weight, quality and price of ^e'ei'tofi)rp«(i.
bread to be sold and used in the city.
§ 31. To regulate the size of brick to be sold or used size of bricks.
in the city.
§ 32. To provide for the taking enumerations of the in- Census.
itants of the city.
§ 33. To regulate the election of city officers, and to Eiectiou anu r«-
provide for removing from office any person holding an ^ceL"' *'*^
office created by ordinance.
§ 34. To fix the compensation by fees, commissions, Fees and saiariei
or otherwise, of all city officers, and regulate the fees of
1863. 302
jurors, witnesses and others, for services rendered under
this act, or any ordinance.
Police roKnia- § 35. To regulate the ])oiice of the city, to impose
uouaand flues, f^nes and forfeitures and penalties for the breach of any ordi-
nance, and to prov ide for the recovery and approj)riation
of such fines and forfeitures, and the enforcement of such
penalties.
Billiard tables. § 36. The city council shall have exclusive power,
within the city, by ordinance, to restrain, prohibit and
suppress billiard tables and all devices for gambling.
Subscribe stocs § 37. To subscribc for and take shares of stock in any
to bridge. bridge to be built within the limits of the city, or in any plank
road leading from said city, to be constructed by any com-
pany, incorj)orated or to be incorporated by law for such
purposes : Provided^ however^ that no such stock shall be
taken by said city unless the proposition so to do, contain-
ing a statement of the number and cost of the shares so to
be taken, shall first be submitted to the electors of said city
for their approval or rejection, at an election to be held for
that purpose after twenty days' notice thereof shall have
been given by the mayor, by publication in one or more of
the newspapers published in said city. In any meeting ot
said incorporated companies the votes that the city shall
be entitled to may be cast in such manner as said city
council may adopt by ordinance', such ordinances need not,
however, be published as other ordinances, in order to be
in force.
^ 38. Tiie city council sliall have power to make all
ordinances which shall be necessary and proper for carry-
ing into execution the powers specified in this act, so that
such ordinances be not repugnant to nor inconsistent with
the constitution of the United States or this state.
style 01 ordinan- § 39. The style of the ordinance of the city shall be :
*^' «'^e it ordained by the c it ij council of the city of Ottawa^
Publication of or- § 40. All Ordinances passed by the city council shall,
dinances. within ouc moutli after they shall have been passed, be
published in some newspaper in the city, and shall not be
in force, except as aforesaid, until they shall have been
published as aforesaid.
§ 41. All ordinances of the city may [be] proven by the
seal of the corporation, and when printed and published in
book or pamphlet form, and puri)orting to be published by
authority of the corporation as in force, the same shall
be received in evidence in all courts and places without
further proof.
§ 42. The city council shall have power to establish
fei-ries, license and regulate the same within the limits of
said city.
Prix)f of ordinan-
303 1863.
ARTICLE Q>.—Of the Mayor,
§ 1, The mayor siiall preside at all meetings of the jiayor to preside
city council, and shall have a casting vote, and in no other. ^,*uJ"'i"'"^^ "'
In case of non-attendance of the mayor at any meeting-,
the board of aldermen shall appoint one of their own num-
ber chairman, who shall preside at that meeting.
§ 2. Tlie mayor or any two aluermen may call special special mectin?!
meetings of the city council.
§ 3. Tile mayor shall at all times be active and vigi- Dutip^ of mayor.
lant in enforcing the laws and ordinances for the govern-
ment of the city; he shall inspect the' conduct of all sub-
ordinate officers of said city, and cause negligence and
positive violation of duty to be prosecuted and punished;
he shall from time to time communicate to the aldermen
such information and recommend all such measures as in
his opinion may tend to the improvement of the finances,
the police, the health, security, comfort and ornament of
the city.
§ 4. He is hereby authorized to call on every male in-Pussi'.
habitant of said city, over [the age j 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
in carrying into effect any law or ordinance; and any person
who shall not obey such call shall forfeit to said city a fine
not exceeding five dollars.
§ 5. He shall have power, whenever he may deem it Power to compel
necessary, to require of any of the officers of said city an ex- iiooici','&c.
liibit of his books arid papers.
§ 6. He sliall have power to execute all acts that may Exec.-.tive power
be required of him by any ordinance made in pursuance
of this act.
^ 7. He shall be commissioned by the governor as a jus- to be commis-
tice of the peace for the said city, and as such shall be a con- of 'tte pei^!"*"*
servator of the peace for the said city, and shall have power
and authority to administer oaths, issue writs and process
under the seal of the city, which shall be good and valid
in law.
§ 8- He and all other justices of the peace in said city jmiboiction ©f
shall have jurisdiction in all cases arising under the ordi- peacrandm^-
nances of the corporation, and in all civil and criminal cases or-
within the limits of the city, arising from the laws of the
state, in which justices of the peace now have jurisdic-
tion, and shall receive the same fees and compensation
for his services in similar cases.
§ 9; He shall also have such jurisdiction as may be Jurisdiction un-
vested in him by ordinance of the city, in and over all ''" "f^'^an*"-
places within five miles of the boundaries of the city, for
the purpose of enforcing the health and quarantine ordi-
nances and regulations thereof.
lS5a. . 3U4
Liability to in- § 10. Ill case the mayor shall at any time be guilty of
a palpable omission of duty, or shall wilfully and corruptly
be guilty of oppression, malconduct, or partiality in the
disciiarge of the duties of his office, he shall be liable to
be indicted in the circuit court of La Salle count}^, and on
conviction he shall be fined not more than two hundred
dollars, and the court shall have power, on the recommen-
jufi^'i.ieut. dation of the jury, to add to the judgment of the court
that he be removed from office.
ARTICLE 7. — Assessments for ojjening Streets and
t^leys.
Power to lay out § 1. The city council shall have power to layout pub-
pubiic streets, j-^j gq^iaj-gg or grouuds, streets, alleys, lanes and highways,
and to make wharves and slips at the ends of streets, and
alter, widen, contract, straighten and discontinue the
same; they shall cause all streets, alleys, lanes, highways,
wharves, slips, or other public squares or grounds, laid
out by them, to be surveyed, described and recorded in a
book to be kept by the clerk, showing particularly the
proposed improvement, and the real estate required to be
taken, and the same when opened and made shall be public
highways.
Giro notice. § 2. Whenever any street, alley, lane, highway, wharf or
slip, or public square or ground, is laid out, altered,
widened or straightened by virtue hereof, tlie city council
shall give notice of then intention to appropriate and take
the land necessary for the same to the owner or owners
iiiPii.tiuuii. thereof, by publishing said notice for ten days in some pub-
lic newspaper published in said city, at the expiration of
^i'mori.^*'"'"'^" which time they shall choose, by ballo*, three disinterested
freeholders, residing in said city, as commissioners to as-
certain and assess the damages and recompense due the
owners of said land respectively, and at tlie same time to
determine what persons will be benefitted by such improve-
ment, and assess the damages and expenses thereof on the
real estate of persons benefitted, in proportion, as nearly
as may be, to tlie benefits resulting to each. A majority
of all the aldermen authorized by law to be elected shall
be necessary to the choice of such commissioners.
§ 3. Tlie commissioners shall be swoi-n faithfully to ex-
ecute tlieir duty according to tlie best of their ability, be-
fore entering upon their duties. They shall give notice to
persons interested of the time and place of their meeting,
for tlie purpose of viewing the premises and making their
assessments, at least ten days before the time ol such meet-
ing, by publishing the same in any newspaper published
in said city. They shall view the premises, and, in their
305 1853.
discretion, receive any legal evidence, and may, if neces-
sary, adjourn from day to day.
§ 4. If there shall be any building standing, in whole Assessmmts
or in part, upon the land to be taken, the commissioners, ^'JlJ^Jis ,m"i.'!i
before proceeding to make their assessment, shall first es-
timate and determine the whole value of such building to
the owner, aside from tiie value of the land and the injury
to him in having such building taken from him; and sec-
ondly, the value of such building to him to remove.
§ 5. At least five days' pei'sonal notice shall be given xotice.
to the owner of such determination, when known and a
resident of- the city, or left at his usual place of abode, if
not known or not residing in the city. Notice to all per-
sons interested shall be given by publication for ten days
in any newspaper published in said city. Such notice shall
be signed by tiie commissioners, and specify the building
and the award of the commissioners. It shall also require
parties in interest to appear, by a day named therein, or
give notice of tiieir election to the city council either to
accept the award of the commissioners, and allow such
building to be taken with the land condemned or appropri-
ated, or of their intention to remove such building at the
value set thereon b) the commissioners to remove. If the
owner shall agree to remove the building, he shall have
such time for the purpose as the city council may allow.
§ 6. If the owner refuse to take the building at the val- Rctusa! onaii
ue to remove, or fail to give notice of his election as
aforesaid, within the time prescribed, the city council shall
have power to direct the sale of such building at public
auction, for cash, giving five days' public notice of the
sale. The proceeds of the sale shall be paid to Ihe owner,
or deposited to his use.
§ 7, The commissioners shall tliereupon proceed to Assossmmt.
make their assessment and determine and appraise to the
owner or owners the value of the real estate appropriated
for the improvement, and the injury arising to them respec-
tively from the condemnation thereof, which shall be awar-
ded to such owners respectively as damages, after making
due allowance therefrom for any benefit which such own-
ers may respectively derive from such improvement. In
the estimate of damages to the lands, the commissioners
shall include the value of the building (if the property of
the owner of such land) as estimated by them as aforesaid,
less the proceeds of the sale thereof; or if taken by the own-
ers at the value to remove, in that case they shall only in-
clude the dilFerence between such value and the whole es-
timated value of such building.
§ 8. If the damage to any person be greater than theDnmaRes a
benefits received, or if the benefit be greater than the lirremova"
damage, in either case the commissioners shall strike a bal- buii.iinu.
[U]
1853. 306
ance and carry the difference forward to another column,
so that the assessment may show wliat amount is to be re-
ceived or paid by such owners respectively, and the differ-
ence only shall, in any case, be collectable of them or paid
to them.
§ 9. If the lands and buildings belong to different per-
sons, or if the land be subject to lease or mortgage, the in-
jury done to such persons respectively may be awarded
to them by the commissioners, less the benefits resulting to
them respectively from tlie improvements.
§ 10. Having ascertained the damages and expenses of
such improvement as aforesaid, the commissioners sliall
thereupon apportion and assess the same, together with
the cost 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 describe the real estate upon which their assessments
may be made. When completed, the commissioners shall
sign and return tiie same to tiie city council within forty
days of their appointment.
§ II. The clerk shall give ten days' notice in any news-
paper printed in said city that such assessment has been
returned, and that on a day to be named therein it will be
confirmed by the city council, unless objections to tlie same
are made by some person interested. Objections raaj'^ be
lieard by the city council, and the hearing maybe adjourn-
ed from day to day. The council shall have power in
tlieir discretion to confirm or amend the assessment, or re-
fer the same back to the commissioners. If annulled, all
the proceedings shall be void ; if confirmed, an order of
confirmation shall be entered, directing a warrant to issue
for the collection thereof, by sale of the real estate, as pro-
vided in article nine of thi^ charter, as near as may be.
If referred back to the same or other commissioners, they
sliall proceed to make their assessments, and return the
same in like manner, and give like notices as herein requi-
red in relation to the first; and all parties in interest shall
have tiie like notices and rights, and the city council shall
perform like duties and have like powers in relation to any
subsequent determination as are hereinafter given in rela-
tion to the first.
§ 12. The city council shall have power to remove
commissioners, and from time to time appoint others in the
place of such as may be removed, refuse, neglect, or be
unable from any cause to serve.
§ 13. The land required to be taken for the making,
i-araas-M-. i.. '"^ Qp^.j^j^g qj. widening any street, alley, lane or other iiigh-
way shall not be apj)ropriated 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 the said
l)aiHag<'s
307 1853.
owner or his agent cannot be found in said city, deposited
to liis or her credit in some safe place of deposit otlier than
the hands of the treasurer, and then, and not before, such
lands may be taken and appropriated for tlie purposes re-
quired in making such improvements, and sucli improve-
ments and such streets, alleys, lanes, highways, wharfs
and slips may be made and opened.
§ 14. Where the whole of any lot or parcel of land or Contracts.
other premises underlease or otiier contract sliall be ta- ^•"'^^'^''^•
ken for any of the purposes aforesaid, by virtue of tiiis act
all the covenants, contracts and engagements between land-
lord and tenants, or any other contracting parties, touching
the same or any part thereof, shall, upon confirmation of
such report, respectively cease and be absolutely discharg-
ed.
§ 15. Where part only of any lot or parcel of land orcontn.ts v^
other premises so under lease or other contract shall be
taken for any of the purposes aforesaid, by virtue of this
act, all the covenants, contracts and agreements and en-
gagements respecting the same, upon the confirmation of
such report, shall be absolutely discharged as to the part
tiiereof so taken, but shall remain valid as to the residue
thereof, and the rents, considerations and payments reserv-
ed payable and to be paid for in respect to the same shall
be S-) proportioned as that the part thereof justly and equi-
tably payable for such residue thereof, and no more, shall
be paid or recoverable for in any respect of the same.
§ 16. Any person interested may appeal from any or- Appeal,
der of the city council for opening or widening any street,
alley, public ground or highway, to the circuit court, by
notice in writing to the mayor or clerk, at any time before
the expiration of thirty days after the passage of sucli final
order. In case of appeal, the city council shall make a re-
turn within thirty days after notice thereof, and the court
shall, at the next term after return filed in the ofl^ce 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 of the ap-
peal all questions involved in said proceedings, including
the amount of damages, shall be open for investigation by
deposition or oral testimony, addressed to the court; and
the court shall, at the request of either party, summon a
jury to determine the facts in controversy.
§ 17. The city council may, by ordinance, make any jy,,.^ , j^„ ^
changes they may deem advisable in the proceedings here- ' ' "■"'^''
in prescribed for ascertaining the damages and injury oc-
casioned to any person or real estate, by reason of the
condemnation of any real estate upon which any buildings
may be situated, in whole or in part, and the assessment
of such damage and injury upon persons or real estate ben-
eiitted by the improvement, and in such other respects as
experience may suggest.
wimi;«.v Hsscs^i- § 18. In all cases where there is no agreement to the
contrary, the owner or landlord, and not tlie occupant or
tenant, shall be deemed the person who ought to bear and
pay every assessment made for the expense of any public
improvement. Where any such assessment shall be made
upon or paid by any person when by agreement or by law
the same ought to be borne or paid by any other person, it
shall be lawful for one so paying to sue for and recover of the
person bound to pay the same the amount so paid, with in-
terest. Nothing herein contained shall impair or in any
way affect any agreement between any landlord and ten-
ant or other person, respecting'tlie payment of such assess-
n^ents.
ARTICLE 8. — ^Assessments Jor Public Improvements.
Power t. jxrade, § 1- The city couucil shall have power from time to
^^^^ time to cause any street, alley or highway to be graded,
leveled, paved, macadamized or planked, and keep the
same in repair, or to cause any lot in said city to be filled
up, to cause cross and side-walks, main drains and sewers,
and private drains and aqueducts, to be constructed and
laid, relaid, cleansed and repaired, and regulate the same,
and to grade, improve, protect and ornament any public
square now or hereafter laid out.
KxiHusos incur, § 2. The cxpcnscs of any improvement mentioned in
i>io"Vent"^ ^^^ foregoing section, except side-walks and private drains,
shall be assessed upon the real estate in any natural divi-
sion benefitted thereby, with the cost of the proceedings
therein, in proportion as nearly as may be to the benefits
resulting thereto.
Amount of aa- § 3. The amount to be assessed for any such improve-
sessment.. ^^^^ (cxcept side-walks and private drains) shall be de-
termined by the city council, and they shall by ballot appoint,
by a majority of all the aldermen authorized by law to be
elected, three respectable freeholders of the city, to make
such assessments. Tiie commissioners shall be sworn
faithfully and impartially to execute their duty to the best
of their ability.
(luinmissioncr. § 4. Before entering on their duties, the commission-
{j'ive notice. ers shall give six days' notice, in one or more newspapers
published in said city, of tlie time and place of meeting
to all persons interested ; and they may, if necessarv, ad-
journ from day to day. The commissioners sliall assess
the amount directed by the city council to be assessed on
the real estate by them deemed benefitted by any such im-
provement, in proportion to the benefits resulting thereto,
as nearly as may be, and briefly describe in the assessment
309 1853.
roll to be made by them the real estate in respect to whicli
any assessment is made, and the value thereof.
§ 5, If tlie commissioners shall be of oj)inion that any D.uua^-os.
owner of land situate upon any street, alley or otiier higli-
way ajraded or leveled under this section will sustain dam-
ages over and above the benefits which may accrue to the
owner of such land by the improvement, they may assess
such an amount as they may deem a reasonable recompense
to such owner, upon the real estate benefitted in the man-
ner aforesaid, and such sum shall be added to the assess-
ment roll, and the amount certified to the council at tlie
time of filing the roll.
§ 6. Wiien the commissioners shall have completed their Denver ory ..r
assessment and made a correct copy thereof, they shall de- c:?ri?"-^'/ ""
liver the same to the city clerk witliin forty days after ap-
pointment, signed by all the commissioners. Tiie clerk
shall thereupon cause a notice to be published in onte or
more newspapers published in said city, for six days, to all
persons interested, of the completion of tiie assessment and
the filing of the roll. Time and place shall be designated
therein for hearing objection;:.
§ 7. Any person interested may appeal to the city Appeal,
council for the correction of the assessment. Appeals shall
be in writing, and filed in the clerk's office within ten days
after the first publication of said notice. The council may
adjourn such hearnig from day to day, and shall have pow-
er, in case of appeal or otherwise, in their discretion, to
revise and correct the assessment and confirm or annul the
same, and direct anew assessment to be made in the manner
hereinbefore directed, by the same commissioners, or by
three others, which shallbe final and conclusive on all parties
interested, if confirmed. When confirmed, the assessment
shall be collected as provided in article nine of this char-
ter, as near as may be, and no appeal or writ of error shall
lie in any case from such order and determination. If any
assessment be set aside by order of any court, the city
council may cause a nev/ one to be made in like manner
for the same purpose, for tlte collection of tlie amount so
assessed.
§ 8. If any vacancy happen in the office of comniis- VMca!.;.^.s in ..f-
sioners at any time, by reason of removril, failure or refusal fjjss^,,',;"^.'''''"
or inability from sickness or other cause to serve, the city
council may fill such vacancy.
§ 9. If the first assessment prove insufficient, another jjoiibit' Afscs-
may be made in the same manner; or if too large a sum '"""''-■
shall at any time be raised, the excess shall be refunded,
rateable to those by whom it is paid.
§ 10. All owners or occupants in front or upon whose Piivate.hains.
premises the city council shall ora'T and direct side-walks
or private drains communicating with any main drains to
1853. 310
be constructed, repaired, relaid or cleansed, shall make,
repair, relay or cleanse such side-walks or private drain at
their own cost and charges, in the manner and within the
time prescribed by ordinance or otherwise ; and if not done
in the manner and within the time prescribed, the council
may cause the same to be constructed, repaired, relaid or
cleansed, and assess the expenses thereof, and by an order
to be entered in their proceedings, upon such lots respec-
tively, and collect the same by warrant and sale of the prem-
ises, as provided in article nine of this charter, as near as
may be. A suit may also be maintained against the own-
er or occupant of such premises, for recovery of such ex-
penses as for money paid and and laid out to his use at his
request.
s^^^.j,,. § 11- Commissioners appointed under this act may be
sworn into office by the city clerk. They shall be allowed
two dollars per day each for actual services, which, togeth-
er with all other expenses in relation to any assessment
made in pursuance of this act, shall be deemed part of the
expense of the improvement, and included therein.
1) i!»"e« to In- § 1^* When any known owner residing in said city or
lauts. elsewhere shall be an infant, and any proceeding shall be
had under this act, the judge of the circuit court or of the
county court may, upon the 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 summons re-
quired by this act shall be served on such guardian.
ARTICLE 9.
I'ruporty subject § 1. All real estate and personal property within the
L., taxation. |jj^j^j, ^^ ^j^^ ^-^^ ^,^- Qttawa, La Salle county, Illinois, shall
be subject to taxation, and taxes may be levied and col-
lected upon the same for the use and benefit of said city.
i:)uty of assessor. § 2. The asscssor siiall assess all the real estate and
personal property in said city, so far as practicable; he shall
ascertain the names of all owners of taxable property and
the amount of all taxable real estate and personal ])roperty,
and for this j)urpose he shall call upon each taxable inhab-
itant of said city.
I'reiKiic asses.:;- § 3. The asscssors sha!' prepare an assessment roll,
:.ioi,troii. -vvitii a captiou, in substanc , as follows: "An assessment
roll of all the real estate . nd personal property within
the limits of the City of Ot uwa, La Salle county, Illinois,
made by the assessor of sai city for the year 18 — ;" and
shall set down in se})arate (olumns, according to the best
information in his possession —
311 1853.
1st. The names of all the owners, if known, of all tax-
able real estate within the limits of said city. If the owner
is unknown, it shall be so stated.
2d. The description of all real estate opposite t!ie name
of the owner, or word "unknown," whtan the name of the
owner cannot be ascertained.
3d. The value of the real estate opposite the description.
4th. The amount of tax assessed opposite to the value.
The said assessment roll shall also contain, in parallel
columns —
1st. Tlie names of the owners of personal property
subject to taxation, in alphabetical order.
2d. The assessed value of the personal property taxed
to each individual.
3d. The amount of tax on each individual's personal
property.
§ 4. After the said assessment roll shall have been thus eeruii.-iu.
completed, the said assessor shall attach thereto a certifi-
cate, signed by him, in substance, as follows : "I do hereby Form.
certify that the above assessment roll contains, according
to my best information, a true and correct list of the names
of all the owners of taxable property, real and personal,
within the limits of said city, a description of each parcel
of real estate, set opposite the names of the owners, or set
opposite ihe word 'unknown.' In cases where, after dili-
gent search and inquiry, I have been unable to ascertain
the name of the owner, the value of said parcels of real
estate, set opposite each one, the amount of tax on each
of said parcels of real estate set opposite tlie same, tlie
aggregate value of personal estate of each owner set op-
posite ids name, and the amount of tax on said personal
estate set opposite his name." Said assessment roll so
certified shall, on or before the second Monday in July
then next, be returned to the clerk of the city council.
§ 5. Previous to tlie third Monday in July the assess- Asscssinent
raent may be inspected by any person interested in the '^''"'^'■"•
same. On the third Monday in July of each year there shall
be a meeting of the city council for the purpose of review-
ing the assessment. On the application of any j)erson
conceiving himself aggrieved by the assessment, the city
council, uj)on being satisfied that the same is erroneous, may
review, alter and correct such assessment.
§ 6. Immediately after the return of the assessment >-'"««-•
roll, it shall be the duty of the city clerk to cause to be
inserted in a newspaper published in said city, or posted
up in three public places in said city, a notice that the
assessment roll has been returned, and may be inspected
by any person interested therein, and of the time when the
city council will meet to hear applications for reviewing
said assessment.
1853. 312
Make copy of as- § 7. Immediately after the said assessment roll shall
have been corrected by the city council, the clerk shall
make out a true copy thereof as corrected, to which, after
being satisfied that the same is a correct copy as above,
the city council shall annex a warrant, signed by the mayor
of said city, requiring the collector to collect from the
several persons tlie several amounts of taxes set opposite
their respective names, and pay the same to the treasurer
of the city, and if any resident of said city shall neglect
or refuse to pay his tax within ten days after demand made
of said resident, or at his last and usual place of residence,
the collector shall proceed to levy the same of the goods
and chattels of said resident, and after giving six days'
notice of the time and place of sale, by posting up a notice
thereof in thi-ee public places in said city, shall sell as
many of said goods and chattels as may be necessary to
M.ie of coUec-make the amount of tax. In cases where the owner is not
tion of la.xis. ^ resident of the city the collector shall proceed to levy
and sell without previous demand. The said warrant shall
he returnable on the first Monday in October, after tlie
date thereof, at which time the collector shall return said
warrant and tax list to the clerk of tlie city council, and
pay over all money by him collected to the treasurer, and
take iiis receipt for the same.
§ 8, In the return to said warrant the collector shall
give a list of the names of the persons whose tax and per-
sonal property he lias been unable to collect on account
of not finding goods and chattels whereon to levy, the value
of the property assessed, and the amount of the tax thereon,
and state in said return that he has been so unable to col-
lect the tax, and the city council may give him credit for
the amount of taxes he lias thus been unable to collect.
(•..ii.ctor make § 9. The collcctor sliall also make a list of the real
listofrea-.testatcgg^^l-g upon wliicii thetaxcs have not been paid or col-
lected, and state to whom each j)arcel of said real estate
was assessed, or that the same was assessed to a person
"unknown," and describe said real estate, and give the
amount of tax on each parcel. The collector shall return
said list at the time last aforesaid, with a certificate signed
by him that said taxes remain unpaid, ajid that he could
[find J no goods or chattels whereon to levy and collect the
same, and the city council may credit him with the amount.
I ligation of (la- § 10. Within twenty days after the return of said list,
lin.iiuiit lax li^^Hijg cler]^ shall cause tlie same to be ])ublished in a news-
paper printed in said city, together with a notice, in sub-
r.inii. stance as follows: "It appearing from the return of tlie col-
lector that the taxes on the above ('escribed ])aicels of
real estate remain unpaid, notice is hereby given tbal the
said real estate will be exposed in separate parcels at pub-
lic auction, on the day of , 18 — , at 10 o'clock in
^^^ 1853.
tlie forenoon, at tlie door of the court house i„ Ottawa,
anci sold for the purpose ot making said taxes, and fifty
cen s for cost of seJiing each lot or parcel, in case of sale "
Said day ol sale shall be at least thirty days after the pub-
lication 01 said notice. ^
^ U. The collector sliall attend said sale and act as cnocu. to
auctioneer, and sell all the lots or parcels of real estate so '""' ''^'"
advertised, upon which the taxes and cost remain unpaid
at the time ot selling; the clerk shall also attend said sale,
and enter in a book provided for that purpose, a description
of the real estate sold the name of the purchaser and the
amount of his bid and shall make out and deliver to said
purchaser a certificate giving a descrintion of the real
estate by him purchased, the amount of the taxes and cost
due separately and the amount of his bid, stating that said
purchaser wil be entitled to a deed for the real estate de-
nnlp 'V"" f'n 1,^''^^' ^^ *'^^ expiration of one year,
unless the same shal be redeemed. The clerk shall receive
the taxes and cost due at anytime before sale, and pay the
«ame over to tiie treasurer, taking his receipt for the^ime. secona..
5 12 In case no person shall bid the amount of taxes
and cost charged upon any of said real estate at such
sale, the same may be advertised and sold at any time
wit inn SIX months thereafter. The manner of proceeding in
such second sale shall be the same as hereinafter men-
tioned, as near as may be.
J 13 All lands sold for taxes and assessments assessed L.n,
under this charter shall be sold oflf of the east side, as in
cases of sales for county and state taxes, and may be re-
deemed within one year from the sale, in the same manner,
upon the same terms, as lands are now redeemed in cases
ot sale for state and county taxes, by payment of tl
5 POld otic
in -'" ''''■
— J >.-.^v.^, ijj Liay iiiciii ui me
necessary ainount to the said city clerk, and the said clerk
shall keep and preserve said books of sale in his office, and
enter said redemption therein. Said book sliall he prima
Jacie evidence ot the matters contained therein.
§ /^- I" case said lands shall not have been redeemed Ma
as aforesaid, i snail be the duty of the mayor of said city "
to execute and deliver to the purchaser a deed of the pre-
mises which deed shall be in substance, as follows :
"Whereas, on the day of , A D at a.
pub ic sale made by the collector of 'the city'of Ottawa^"™
tor taxes duly assessed by said city for the year , A.
li. became the purchaser of the following described real
estate, viz: for the sum of , that being the amount
of the assessment and cost on the . Now, therefore,
know all men by these presents, that I, C. D., mayor of
saiu city, in consideration of the premises, hereby ijrant,
bargain, sell and convey unto the said A. B., his heirs and
assrgns, the real estate above described as so purchased
to mak(
deed.
1853.
314
Bc-eds ackuowl
sdgcd.
CompBiisation.
by him, subject to tlie right of infants, femmes covert, and
others, to redeem, to have and to liold the same to the said
A. B., his heirs and assigns, forever. Witness my hand and
seal of said city, this day of , in the year of our
Lord, &c."
§ 15. Deeds on all sales for taxes and assessments
assessed upon real estate under this charter shall be ac-
knowledged as other conveyances, and when executed and
acknowledged as aforesaid, they shall be deemed and taken
to be prima facie evidence of the existence and regu-
larity of all such prior proceedings as might otherwise be
required to be proved in order to establish the title in
the purchaser.
§ 16. The clerk and collector shall each be entitled to
twenty cents for each parcel of land sold, in full satisfac-
tion for their services in making such sale, and the balance
of said cost shall be paid into the city treasury. All other
expenses attending such sale shall be allowed and paid by
the city council.
ARTICLE \{).— Miscellaneous Provisions.
§ 1. The inhabitants of the city of Ottawa are hereby
exempt from working on any road beyond the limits of
the city, and from paying any tax to procure laborers to
work on the same.
§ 2. The city council shall have power, for the purpose
of keeping tlie streets, lanes, avenues, alleys and other high-
ways in repair, to require every male inhabitant in said city,
over twenty-one years of age, to labor on said streets, lanes,
avenues, alleys, and other highways, not exceeding three
days in each and every year, and any person failing to per-
form such labor, when duly notified by the supervisor,
shall forfeit and pay the sum of one dollar per day for eachi
of said days.
,t § 3. The city council shall have power to provide for
the punishmentof olTenders, by imprisonment in the county;
or city jail, in all cases where such offenders shall fail or re-i
fuse to pay the fines and forfeitures which may be recoveredij
against them. j
§ 4. The city council shall cause to be published an-)
nually a full and complete statement of all moneys received,
and expended by the corporation during the preceding'
year, and on what account received and expended.
in § 5. All ordinances and resolutions of the town oi|
" Ottawa shall remain in force until the same shall have.
been repealed by the city council hereby created.
^ 6. All suits, actions and prosecutions instituted, cora-^
sniuand actions ^^^_^^^^ ^^ brought by the Corporation hereby created, shali
}'unis\iiiient
oftenders.
Ordinances
I'orce until
pealed.
315 1858.
be instituted, commenced and prosecuted in the name of
the city of < !tta\va.
§ 7. All actions, fines, penalties and forfeitures which
have accrued to the president and trustees of the town of
Ottawa, shall be vested in and prosecuted by the corpor-
ation hereby created.
§ 8. All property, real and personal, and all books and Property neiuiiit-
papers heretofore belonging to the president and trustees of ouawaVoT
of the town of Ottawa, for the use of the inhabitants of ^ert to the city.
said town, shall be and the same are hereby declared to be
vested in the corporation hereby created.
§ 9. This charter shall not invalidate any act done by Acts net tot^cui-
.alidatc
the president and trustees of the town of Ottawa, nor
divest them of any rights which may have accrued to them
prior to the passage of this act.
§ 10. No person shall bean incompetent judge, jus- ^'^'■s'deuts of oiiy
tice, witness or juror, by reason of his being an inhabitant "Ssesf&c?*
or freeholder of the city of Ottawa, in any action or pro-
ceeding in which the said city is a party in interest.
§ 11. The president and trustees of the town of Ot-P™Dfi"'t''at'^ ''»"•
tawa shall, immediately after the passage of this act, take
measures to i)romulgate this law within the limits of the
city of Ottawa.
§ 12. Appeals shall be allowed from decisions in all ^ppe'^"-
cases arising under the provisions of this act, or any ordi-
nance passed in pursuance thereof, to the circuit court of
!La Salle county, except as hereinbefore excepted, and
>very such appeal shall be granted in the same manner and
Iwith like effect as appeals are taken from and granted by
ijustiees of the peace to the circuit court, under the laws of
■this state.
j § 13. Whenever the mayor shall absent himself from Mayor jjio ?««.
|the city, or resign or die, or his office shall be otherwise
'vacated, the board of aldermen shall immediately pro-
ceed to elect one of their number president, who shall be
I may or pro tern.
§ 14. This act is hereby declared to be a public act,
and may be read in evidence in all courts of law and equity
Iwithin this state without proof.
§ 15. All acts or parts of acts coming within the ^'^'^ '■^I'^akd.
provisions of this [charter,] or contrary to or inconsistent
•with its provisions, are hereby repealed.
I § 16. The city marshal, or any other officer authorized Jurisdiction cf
|to execute writs or any other process issued by the mayor,
«hall have power to execute the same any where within the
flimils of the county of La Salle, and shall be allowed the
same tees for traveling as are allowed to constables in sim-
'ilar cases.
! § 17. The persons named in article one, section three, Election.
shall cause an election to be held in the town of Ottawa on
marshal.
1853. 316
the first Monday of April next, at which the inhabitant:
residing within the territory described within the seconc
section of the first article of this act, wiio are authorizec
to vote for state officers, shall vote for or against the
adoption of this charter, and if a majority of the vote:
given at such election shall be in favor of the adoption o
said charter, it sh.all immediately take eifect as a law, bu
if a majority of tlie votes given shall be against the adop
tion of said charter, then this act to be of no effect.
Ardent spirits. § 18> No provision of tliis act shall be so construed a;
to authorize the sale of ardent spirits in a less quantity thai
is now provided by law.
Comi..;nsatiun of § l^' The m^yor and aldermen shall be entitled to sue!'
mayor and ai- compensation for their services, in addition to that herein
before provided for the mayor, as the inhabitants of said
city, at an election called for that purpose, shall vote t<
allow them, and no other or further compensation shall be
allowed them.
_ , ,,^ § 20. No money shall be borrowed by the city counci
jJurrow luoiiej • -j ^ *j %/ j
until the ordinance passed therefor shall be submitted tt
and voted for, by a majority of the voters of said city]
attending an election lield for that purpose.
Additional offl- § 21. The city council may at any time hereafter pro:
eers. \'\di& by Ordinance for the future election, by tiie inhabii
tants of said city, of such city officers as they may deem
it advisable to have so elected.
6 22. All fines and penalties recoverable by indictmeni
Fines, &c., paid •'.. „ r" -.a ^ ■/i-'^i t-j.
into city treasu- or actiou tor any ottences committed witiiin the limits O'
''^* the city, or which are now required by law to be paid int
the county treasury, shall hereafter be paid into the cit
treasury, for the use of said city.
§ 23. Deeds of sales of land for taxes heretofore mad
under the ordinances of the town of Ottawa, may be e»
ecuted by the mayor of the city.
Second election. § 24. If the inhabitants of said city sliall not adop
this charter on the first Monday of April next, the prest
dent and board of trustees of the town.of Ottawa may.
any time thereafter, cause an election io be held as here
inbefore })rovided for, and they shall have the same powe
and perform the same duties as imposed upon the person
named in article first, section tiiree.
§ 25. This act shall be in force from and after i{
passage.
Approved February 10, 1853.
^^'^ 1853.
AN ACT to incorporate the Franklin and Perry Conntv Plnnlr P.. i ,
Muddy River Toll-brid<.e C.nlr^T, ^ ^''"'' ^°^^^ ■'^"'' I" force Feb. 3,
Muddy River Toll-bridge Company.
185;;,
Skction 1. Beit enacted by the people of the state
L c'r '''P''''"!'i"' '^' Generat Assembly, ■il.at corpo.,o..
JoluiG.Goessman, William A. Denning, W. O. Espy Dan-
le 3fooneyhan, James Macklin and WiUiam S. Aiken, and
fill such persons as shall hereafter become stockholders in
the company hereby incorporated, their assio-ns and suc-
cessors, be and they are hereby chartered and constituted
bo.ly corporate by the name and style of " The Franklin x.mo ana smo.
?nd Perry County Plank Road and Muddy River Toll-
mdge Company," and by such name and style may con-
.e impleaded in all courts and places where leP-al pro-
ceedings are had; that they have succession, be callable of
purchasing, selling, holding and conveying all property,
ea persona or mixed, as necessary and%onveniint t^o
nable them to build, construct and complete a plank road
rom he town of Benton, in Franklin colinty, Jestwa dly,
Wra'p". suitable and eligible route, to a point on tlfe
.entrai Railroad, in the county of Perry, with the priv-
ege of extending or connecting said road with other
lank roads and to establish a toll-bridge across Muddv
iver, on the line of said plank road desig^.ated by the corn-
any; and to carry out the privileges and franchises granted
ere n. Said company may have and use a common seal,
nd change the same at pleasure; make by-laws, rules
^ockl f^""' ''' '''' management of its 'proper't,; the
^ o 'n?^ company, and to regulate its affairs.
OUS^Vd ^ir'P'*"^ f°'^' f '"'^ """^P^">' '^'-^^^ ^^ thirty cap.. S.OCK.
T;t t '''/"/ iV^'y^'^"'^'^^^^^ by said company
s xty thousand dollars. Said capital stock shal be
ITn." he h fr^.l "' %'' '''''''' eA-e.oU share entt
eing tne holder thereof to one vote in all meetings of the
'o.tl 'f''"^ "° ^""'^ stockholder shall be liable to
''cor X;^' ''"'''"* f ^^^' subscription. Said stock shall
J considered personal property, and be transferable upon
fch ^conditions as the company shall direct. ^
,§ o. Ihe said plank road shall not be dependent nnnn. .
e COnstnipfinn nf oo,-^ + H u -1 . ^*^r^'*"eni upon construct either
e construction of said toll-bndge, nor the said toll-bridge -^<^- ^™''^-
' anv nan 't1 ^ t -'f' ^".' ''''^'''' "^'^^ ^^ constructed,
Weof th '°^^,^.'^^" ^^ ^''^ completed, or any three miles
ch ?oIk '''' incorporation may erect gates and receive
ch oil as may be regulated by the companv, not charg-
? a higher rate than is provided by the general law con-
ru.ng plank roads; and when the said toll-bridge shall
ve been completed, whether the whole or any pJrtion of
.d plank road may have been constructed or not, such
1853.
Commissioner.-!
MaiiasEemc
affairs.
Right of way.
Fower to
struct.
318
tolls may be collected for passing thereon as the company
raav determine. „r * t^ • w f\
§ 4. That John G. Goessman, W. A. Denning, W. O.
Espy, Daniel Mooneyhan, James Macklin and W. S. .
Aikin, or a majority of them, shall be commissioners for
receivincr subscriptions to the stock of said company, at
such tiiiTe and places, and after such notice, as they or a
majority of tliem shall agree, and demand a partial payment
thereof from time to time as they may deem necessary.
^ 5 The affairs of said company shall be managed by
'three directors, two of whom shall constitute a quorum
to do and perform the business of said company, who shall
be chosen as soon as the sum of fifteen thousand dollars
shall be subscribed of the stock of said company, and ten
per cent, paid thereon. Directors shall continue in office
one year, and until their successors shall be qualified; they
shall be chosen by the stockholders, each of whom may
vote personally or by proxy, casting as many votes as each
may own shares of stock. Election of directors shall be,
held at the time and place appointed by the commissioners,
and all subsequent elections may be held and regulated
according to the by-laws of the company. Upon the elec-
tion of directors and organization of their board, the saidi
commissioners shall deliver to said directors all moneys-
received by them on subscription to stock, and books ol
subscription and other property of said company.
^ 6. Said corporation is hereby authorized to locate,
and construct said plank road over any lands owned by
this state, or by individuals on the route of said road, they
pavino- all damages should any arise or accrue to any per-
son o?p.-rsons, by means of taking their lands, timber
rock, stone, or gravel, for the use of said plank road; am)
where the said cannot be obtained by consent ot ownen
upon reasonable terms, it shall be estimated and recov-ere<
in the manner provided by law for the recovery of dami
ages happening by the laying out of public highways.
^ 7. Said corporation shall have power to construct
'"" maintain and continue said plank road, of such width a
may be deemed advisable by the directors thereof, th.
ri<^ht of way not exceeding sixty feet along the line desig
nSed by said company; said road to be first built acros
Biff Muddy and Little Muddv bottoms, and to be throw
up to such a height as to be above high water mark, bride
ing the same, or\ising any other means in the constructio
of said road over such low bottom lands as to render tli
same passable at all seasons of the year, and for this pui
pose may take earth, timber, stone, and other materia
from the swamp lands belonging to the state lying contif
nous to said road.
319
1853.
§ 8. The said company are autlionzed and empowered Borrow moncr.
to borrow from time to time such sum or sums ot money
not exceeding thirty thousand dollars, as in their discre
tion may be deemed necessary to aid in the construction
of said work, and to pay any rate of interest therefor, not
exceedmg ten per cent., and to pledge and mortgage the
saia road, its appendages or any part thereof, or any other
property or effects, rights, credits and franchises of the
said company, as security for any Joans of moneys and in-
terest thereon, and to dispose of the bonds issued for such
loans on such terms as the board of directors may de-
termine. ^
§ 9. Any person who shall wilfully injure or obstruct, Pen.uy for i,„„
or cause to be injured or obstructed, the said plank road ^>-
or toll-bridge, or any of the appendages thereto, or any
thing connected therewith, shall be deemed guilty of "a
misdemeanor, and shall forfeit to the use of the company
threefold the amount of damages sustained by such in-
jury or obstruction, to be recovered in an action of tres-
pass, m the name of the company, with costs of suit, before
any justice of the peace or court of record in this state
^ 10. The said corporation shall be allowed five years Ti:x.e of constnK
from the passage of this act for the commencement of said ™-
planfc road, and m case the same shall not be completed
m hve^years thereafter, the privileges herein granted shall
be forfeited. °
§ 1 1. The said incorporation are hereby authorized and Ra.roa..
empowered to build, construct and maintain a railroad
along side the line of said plank road whenever the votes
of two-thirds of said body corporate shall be cast in favor
thereof: Provided, that nothing in this act shall be so con- Provi-o
strued as to authorize the construction of a railroad except
from the town of Benton to the point in Perry county, on
the Central Railroad, nor to authorizt: any other connec-
Uon except with the Central Railroad at such point
I ^^ 7^]??'''^ '^'^^^ ^^ ^^-'"^^^ ^"d taken as a public
act, and shall be construed beneficially for all purposes
herein specified. i i -
Approved February 3, 1863.
AN ACT to incorporate the Pekir, and Fairvicw Piank Road Company. In force F.u
!853.
_ SECTION 1. Be it enacted by the people of the State of I/f.
not,, represented in the General ^ssemblu, That all such
persons as shall become stockholders agreeably to the pro
risions of tins act, in the corporation hereby created, Jhall
1853.
320
be, and for tlie term of thirty years from and after the passage
of this act shall continue to be, a body politic and corporate.
Name and style, under the name of '' The Pekin and Fairview Plank Road
Company;" and by that name shall have succession for
General powers, the term of thirty years; may sue and be sued, plead and
be impleaded, answer and be answered unto, in any court
of law or equity; make by-laws, rules and rejojulations for
the management of their property and affairs, for the trans-
fer of their stock, not inconsistent with the laws of this
state or of the United States.
Power to con- § 2. Said Corporation shall have power to construct,
maintain and continue a plank road of such width as they
may deem advisable by the directors of said corporation,
from the said city of'Pekin, in the county of Tazewell, to
the town of Fairview, in the county of Fulton.
(lanital stock. § ^" '^'^^ Capital stock of Said company may be ninety
thousand dollars, and may be divided into shares of fifty
dollars each, and shall be considered personal property.
coiuinissioner.-. § 4. Gaddis Danit 1 Groendike, John G. Voorheos,
James Harriott, Thomas N. Gill and David P. Kenyon, and
such otliers as they may associate with them, shall be com-
missioners for receiving subscriptions to the stock of said
company, when and where, and after such notice as they,
or a majority of them, shall agree. They may require se-
curity for the payment of subscriptions thereunto, and
practical payment thereof from time to time, as they may
deem necessary, before tlie same shall be taken.
§ 5. The affairs of said company shall be managed by
';Mi>i?r'*"' " five directors, three of whom shall be a quorum to perform
the business of said company, who shall be ciiosen so soon
as the sum often thousand dollars shall be subscribed- of
the stock of said company. Said directors shall continue
in office one year, and until their successors shall be
elected and qualified. Tliey shall be chosen by the stock-
holders, each of whom may vote personally or by proxy,
casting so many votes as eacli may own sliares of stock.
Elections of directors shall be held at the time and place
appointed by commissioners, and all subsequent elections
may be held and regulated according to the by-laws of said
company.
^ 6. Upon the election of directors and the organiza-
tion of tlieir board, the said commissioners shall deliver to
said directors all moneys received by tliem on subscrip-
tions tostocks, and books of subscription and other pro-
perty of said company.
§ 7. The said corporation is authorized, as soon as the
*8tn"ction'. """ board of directors are elected, to commence the construc-
tion of said road ; and as soon as any three miles of said
road is completed they may erect toll-gates tiiereon and
collect tlie tolls allowed by this act. Said company shall
321 1853.
keep said road in repair, and shall liave power to construct
bridges and causeways over sloughs and streams any where
on the route of said road they may deem necessary ; and
said company may borrow money and issue their bonds
therefor, payable at any period within the limits of this
charter, and at any place in the United States that they
may deem proper : Provided, that they shall not borrow
more than sixty thousand dollars to aid in the construcdon
of the road.
§ 8. The said corporation shall have power to fix andi '' •
regulate tlie tolls to be charged on said road : Provided,
said tolls shall not exceed the following rates : For every
vehicle drawn by one animal, two (2) cents per mile; for
every vehicle drawn by two (2) animals, three (3) cents per
milcj and one-half cent additional for each mile every animal
more than two (2);for every ten (10) of neat cattle, one cent
per mile, and for every ten ( 10) of sheep or swine, one cent
per mile, and for every horse and rider or led horse, one
cent per mile ; and it shall be lawful for any toil-gatherer
to stop and detain any person going on said road until the
toll properly chargeable shall be paid ; and any person who
shall use such road and refuse to pay such toll, shall for-
feit and pay for such refusal tlie sum of three dollars, to be
collected by said corporation by action of debt before any
justice of the peace of the proper county.
§ 9. The said corporation shall be allowed two years comiiieiicemout.
from the passage of this act to commence the construction
of said road, and shall complete the same within ten years
from the commencement of the same ; and upon a failure
to do so, this charter shall be forfeited.
§ 10. The said corporation is hereby authorized to lo- ni^i.i„f xvay.
cate and construct said plank road over any lands owned
by this state or by individuals on the route of said road.
Said company shall pay all damages that may arise or ac-
crue to any person or persons by means of taking lands,
timber, rock, stone, gravel or other material, for the use
of said road ; and when the same cannot be obtained by
consent of the owners upon reasonable terms, it shall be es-
timated and recovered in the manner provided by law for
the recovery of damages happening by the laying out of
highways.
§ 11. Said company may terminate this road at the II- Terminus.
linols river opposite the city of Pekin, or at the terminus
of the road now in process of erection from the Illinois riv-
er, opposite Pekin, across the bottom land, one and a half
miles northwest from Pekin, as they may deem for the best
interest of said company.
§ 12. This act to take eftect from and after its passage.
Approved February 12, 1853.
[ V ]
1853. 322
In force Fet. 12, A iX ACT to ii.coi po) ,ite the Alton and vViJodtyi/in Plai.k Roail Cur/.pany.
1853.
Section 1. Be it enacted by the people of the state of
lllmoh, represented in the General Jisscmhhj^ That Josiah
oorporators. Little, Lewis Killenburgcr, George W. Long, John H.
Shipman, Henry S. Baker, N. W. Wood, John James,
Moses G. Atwood, Thomas Wallace and Thomas Stanton, be
and they, their assigns and successors, hereby are made and
constituted a body politic and corporate, by the name and
xamoaiid style. Style of "The Alton and Woodbuvn Plank Road Company,"
for the space of thirty years, and shall have power to sue
General r^^cis. and be sued, contract and be contracted with, complain
and defend, in any court of law or equity; to make and use
a common seal, and alter the same at pleasure ; to make
by-laws, rules and regulations for the management of its
])roperty5 the regulation of its affairs, the appointment and
number of its officers and agents, the negotiation and ex-
ecution of its coi^tracts, and the transfer of its stock, not
inconsistent with the laws of this state or the United
States, and to take and hold sufficient real estate for the
enjoyment of all privileges herein granted, and to grant
and convey the same at pleasure.
§ 2. The capital stock of said company shall be fifty
thousand dollars, which shall be considered personal pro-
perty, except for revenue purposes, when it shall be con-
sidered as real estate, and divided into siiares of fifty dol-
lars each, and shall be transferable according to the by-
lav/s of said company-
§ 3. Said corporation shall have power to construct^
stra't. " ^^"' maintain and continue a plank road, of such width and
upon such route as may by the directors of said company be
deemed desirable, frosn the city of Alton, in the county of
Madison, to tlie town of Wood burn, in the county of Ma-
coupin.
rimjfni'^siorx-rs. § 4. The Said Josiah Little, Lewis Killenburger, Geo.
" W. Long, John H. Shipman, Henry S. Baker, N. W.
Wood, John James, Moses G. Atwood, Thomas Wallace,
George H. Weigher and Thomas Stanton, or a majority of
them, shall be commissioners for receiving subscription?
to the stock of the said company, when and where they or a
majority of them shall agree upon, and may require pay-
ment of such amount at the time of subscription, and at
such times thereafter as may be by them deemed advisable..
«ar, T-wnent of § ^- '^''^^ affairs of Said con^pany shall be managed by
Affairs. five directors, a majority of whom shall form a quorum
for the transaction of business, aiid who shall be chosei'
as soon as the sum of five thousand dollars shall be sub-
scribed of the stock of said company, after which sait;
corporation may commence the surveys and construction
of its road- Said directors shall be chosen at such time and
323 1853.
place as shall be decided upon by said corporators, due
notice tliereof having been given to the stockholders. Af-
terwards elections for directors shall take place annually, Kict'oiis.
at such time and place as the by-laws shall prescribe, due
notice thereof being given. All elections shall be by ballot,
and each stockholder shall be entitled to as many votes as
he shall own shares of stock, and the persons having the
greatest number of votes sliall be the directors, and shall
continue in office until their successors are elected and
qualified.
§ 6. Said directors shall have power to erect and T„ii-houso.-.
maintain such toll-houses, toll-gates and other buildings
for t!ie management and accommodation of said road, and
the travel and transport thereon, as they may deem suita-
ble to its interest, and may demand, collect and receive of r-'twonou.
and from any and every person using said road, or so much
thereof as may be completed, toll, to be regulated by the
directors, but not to exceed the rates prescribed by "An
act to provide for the construction of plank roads by a
general law," approved February 12th, 1849, and the first,
third, fourth and sixth sections of an act approved Feb-
ruary ist, 1851, amendatory of said act of February 12th,
1849, and the act approved February 17th, 1851, farther
to amend the act of February 12th, 1849, and made part
of the charter hereby granted, so far as applicable thereto.
§ 7. The corporation hereby created is authorized to i^igiit of way.
acquire by voluntary cession or purchase from the owner
the right to construct said road over any lands belonging
to individuals, companies or corporations, on the route
adopted for the construction of said road; and in case said
corporation cannot obtain the right to construct said
road over the lands owned by any individual, company or
corporation, by voluntary cession or purchase, it shall be
lawful for said corporation to appropriate and use so much
of said land as shall be necessary for the proper construc-
tion of said road, on complying with the provisions of an
act entitled ."An act to amend the law condemning right
of way for purposes of internal improvements," appro-
ved June 22d, 1852.
§ 8. Said corporation is hereby vested with all the I'o-vers.
powers conferred on plank road companies organized under
the general laws for the construction of plank roads, to
make contracts with town and city authorities, for tiie use
of any part of a public highway or street for the construc-
tion of said road.
§ 9. Said corporation in and about the construction of Borrow m^ney
said road, and to aid it therein, may borrow money, not ex-
ceeding in amount the sum actually paid in by the stock-
1853. 324
holders, and contract to pay therefor a rate of interest
not to exceed ten per cent.
This act to be a public act, and to be in force from and af-
ter its passage.
Ai'PROVED February 12, lb53.
In force Feii. 12, AN ACT to incorporate the Illinois Wesleyan University.
1853. '
Section 1. Be it enacted by the people oj the state oj
Illinois, 7'epresented in the General Assembly, That James
c.Mi)orators. Allen, J. E. McCIun, Lewis Graves, Thomas P. Rogers,
H. H. Fell, Ezekiel Thomas, Wm. H. Allen, Isaac Funk,
John Moore, Jesse W. Fell, C. D. James, Silas Waters,
C. P. Merriman, David Trimmer, John Magann, James ■
Miller, John W. Ewing, Jesse Birch, A. Goddard, W. C.
Hobbs, David Davis, Peter Cartwright, John S. Barger
and Henry Coleman, and their successors, be and are here-
by created a body corporate and politic, by tiie name and
x:uu:- and stylo, style of "The Trustees of the Wesleyan University," and
by that style and name to remain and liave perpetual suc-
cession. The university shall remain at or near the city
of Bloomington, in the county of McLean, and the number
ximiber of tius- of trustees shall not exceed twenty-four (24,) exclusive
of the president, principal or presiding officer of the col-
lege, who shall, ex officio, be a member of tiie board of
trustees : Provided, however, that no other professor or
instructor shall be a member of said board. For the pres- ,
ent, the aforesaid individuals shall constitute tlie board of •;
trustees. i
()i,i;:ct=i. § 2. The object of said corporation shall be the promo-ij
tion of the general interest of education, and to qualify i
young men to engage in the several employments and pro-i'
fessions of society, and discharge honorably and usefully}
the various duties of life.
Annual couier- § 3- Said University shall be under tlie patronage of thei
rhmch^o gpl Illinois Annual Conference of tlie Methodist Episcopal;
vpoini visiting Church, which shall have the privilege of annually appoint-
mg a visitmg committee, consisting oi seven, who sliall
have a seat witli the board of trustees in the transaction of
business, and any other annual conference that shall unite'
in the patronage of said institution shall have the same
privilege : Provided, the whole number of visiters so ap-|,
pointed shall not exceed twelve : ,ilnd provided, also, there
shall be a quorum of the regular trustees exclusive of said
visiting committee or committees, as the case may be, in
all meetings of the board of trustees.
325 1853.
§ 4. Said trustees, at their first meeting, as provided for Divide by loi.
in the 14th section of this act, shall, by lot, di\ ide themselves
into three classes of eight trustees each, and the term of
office of the first, second and third classes shall be one,
two and tliree years respectively, after the day of such clas-
sification. At the expiration of the term of office of any Tmuot .,ma-.
of said classes, the remaining trustees then in office, or a
majority of them, shall elect trustees equal in number to
the outgoing trustees, and who shall hold their ofiice for
three years from and after their election, and until their
successors shall be elected and qualified: Provided^always, Proviso.
that any person or persons who may have been or shall be
a trustee of said institution shall be eligible to election if
any vacancy shall occur in said board of trustees, by remo-
val, death or reiusal to act or resignation. Said trustees
shall have the power, at any regular meeting, of filling said
vacancy by electing a person or persons to serve out the
unexpired term or terms, as tlin case may be.
§ 5. The corporate powers hereby bestowed shall be ci"ip°'a''«i^^"'
such only as shall be essential or useful in the attainment
of the object hereinbei^ore specified, and such as are usu-
ally conferred on bodies corporate, to wit, to have perpet-
ual succession, to make contracts, to sue and be sued, to
plead and be impleaded, to grant and receive by its corpo-
rate name, and to do all other acts as natural persons may;
to accept and acquire, purchase and sell property, real, per-
sonal or mixed ; in all lawful ways to use, employ, manage
and dispose of such property, and all moneys belonging to
said corporation, in such manner as shall seem to tlie trus-
tees best adapted to promote the objects aforesaid ; to have
a common seal, and to alter or change the same, and to
make such by-laws as are not inconsistent v/ith tiie con-
stitution and laws of the United States and this state, and
to confer on such persons as may be considered worthy
such academical or honorary degrees as are usually con-
ferred b} similar institutions.
§ 6. The trustees of said university shall have author- Authority
ity from time to time to prescribe and regulate the course '"'""''*
of studies to be pursued in said university, and in the pre-
paratory department attached thereto; to fix the rate ol tui-
tion, room rent and other necessary expenses; to appoint in-
structors and such other officers and agents as may be need-
ed in the management of the concerns of the institution,
to define their powers, duties and employments, to fix their
compensation, to displace or remove either of the instruc-
tors, officers and agents, or all of them, as said trustees
shall deem the interest of said university requires, to fill
all vacancies among said instructors, officers and agents,
to erect necessary buildings, to purchase books, chemical
and philosophical apparatus and other suitable means of
pli.
1853. 326
instruction, to put in operation, if deemed advisable, a sys-
tem of manual labor for the purpose of promoting tiie health
of the students and lessening the expenses of education, to
make rules for the general management of tiie affairs of the
institution and for tlie regulation and conduct of the stu-
dents, and to add, as the ability of said corporation may
justify and the interest of the community shall require, ad-
ditional departments for the study of the sciences, as ap-
plied to agriculture and the arts, or of any or all of the
liberal professions.
^vacated. ^ ?, Jf any trustee shall be ciiosen president of the
university, his former place as trustee shall be considered
as vacant, and his place filled by the remaining trustees
n'iW. for the time being ; shall have power to remove any trus-
tee trom office for any dishonorable or criminal conduct:
Provided, that no such removal shall take place without
giving to such trustee notice of the charges exhibited against
him, and an opportunity offered him to defend himself be-
fore the board, nor unless two-thirds of the whole number
of trustees for the time being shall concur in such remo-
val. The trustees for the time being, in order to have per-
petual succession, shall have power, as often as a trustee
shall be removed from office, die, resign, refuse to act or
remove out of the state, to appoint a resident of this state
to fill the vacancy in the board of trustees occasioned by
such removal from office, death, refusal to act, resignation
or removal from the state.
s, iiow ap- § 8. The trustees shall faithfully apply all funds col-
'• lected by them, according to the best of their judgment, in
erecting suitable buildings, in supporting the necessary in-
structors, officers and agents, the procuring books, maps,
charts, globes, philosophical, chemical and other apparatus
necessary to aid in the promotion of sound learning in the
institution : Provided, that in case any donation, devise or
bequest shall be made for particular purposes accordant
with the objects of the institution, and the trustees shall
accejit the same, every such donation, devise or bequest
shall be applied in conformity with the express condition
of the donor or devisors : Provided, also, that lands so do-
nated or devised shall be sold or disposed of as required :
by the 11th section of this act.
meriogive § 9- The treasurer of said university always, and all
other agents whe:. required by the trustees, before enter-,
ing upon the duties of their appointments, shall give bond
respectively for the security of the corporation, in such pe-
nal sum and with such securities as the board of trustees
shall approve ; and all process against said corporation shall
be by summons, and the service of the same shall be by
leaving an attested copy with the treasurer of the college
at least thirty days before tlie return day thereof.
327 1853.
6 10. The said university and its preparatory depart- open to an
i. 1 n 1 . 11 1 • ..• r I • • *i .1 norainatiou-.
ment siiali be open to all denominations or christians, and the
profession of any particular religions fait!) shall not he re-
quired of those who become students. All persons, how-
ever, may be suspended or expelled from said iisstitutioii
whose habits are idle or vicious, or whose moral character
is bad.
§ 11. The lands, tenements and hereditaments to be '^«*' "^sute.
held in perpetuity bj^ virtue of this act by said institution,
shall not exceed six hundred and forty acres : Provided^
however^ that if the donations, grants or devises in land
shall from time to time be made to said corporation o\er
and above said six imndred and forty acres which may be
held in perpetuity, the same may be received and held by
said corporation for the period of teti years from the date
of every such donation, grant or devise; at the end of I>oItatiotl^.
which time, if the said lands over and above the six hun-
dred and forty acres shall not have been sold, then and 'u\
that case the said lands so donated, granted or devised shall
revert to the donor, grantor or the heirs of the devisor of
the same.
§ 12. Eight trustees shall be sufficient to constitute aQuoruia.
quorum for the transaction of business, and should there be
at any time an insufficient number for a quorum, they shall
have power to adjourn from day to day, or for any longer
period, until a quorum shall be had. It shall be lawful for
the president of the board, any tliree of the trustees, or a
majority of the professors of the institution for the time be-
ing, to call at any time a meeting of the board of trustees
%vhenever he or they, as the case may be, may deem it expe-
dient, by giving at least three days' notice of such meeting
by personal service or by publication in some newspaper
published in the county.
§ 13. The acts and proceedings of the trustees of the Actsiegaii^eJ.
Illinois Wesleyan University, heretofore had under the gen-
eral law authorizing the incorporation of institutions of
learning, be and the same are hereby legalized; and tiie in-
dividuals designated in the first section of this act are here-
by constituted the successors of the board heretofore or-
ganized 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 soid
institution.
§ 14. The first meeting of said trustees, under this char- FUst mectms .
ter, shall be held at Bloomington, on the first Wednesday
in March next, or at any time thereafter, on a day fixed or
agreed upon in the manner pointed out in the preceding
section, and all subsequent regular meetings of said board
shall be held at such stated periods as said trustees, in their
1853. 328
discretion, maj' from time to time, by tlieir by-laws and
regulations, determine.
§ 15. This act shall be deemed a public act, and shall
be in force from and after its passage.
Approved February 12, 185-3.
c Jan. n^ AN ACT entitled '-'An act incorporating; the Bishop Hi!i Colonv. at Bishop
»'^^3. Hill, m Henry coun y."
Section 1. Be it enacted hy the people of the state of
,mtors. Illinois, represented in the General Jlssemhbj^ That Olaf
Johnson, John Olson, James Eickson, Jacob Jacobson,
Jonas Cronberg, Swan Swanson, Peter Johnson, and their
associates and successors, be and they are hereby consti-
tuted and appointed a body politic and corporate, by the
ean.i siyio. name aud style of "The Bishop Hill Colony," and by that
name they and their successors shall and may have perpct-
rai powers, ual succession, shall be capable of suing and being sued,
defending and being defended, pleading and being implea-
ded, answering and being answered, within all courts and
places whatsoever ; they may have a common seal, to al-
ter or change the same at pleasure; may purchase and hold
or convey real and personal property necessary to promote
and fully carry out the objects and interests of said cor-
ees. poration. The number of trustees shall be seven, and the
above named persons are hereby appointed and constitu-
ted trustees of said corporation.
and person- § 2. The real and personal estate held and owned by
'""'• said trustees in their corporate capacity shall be held and
used for the benefit, support and profit of the members of
the colony.
,,. § 3. The bushiess of said corporation shall be manu-
facturing, milling, all kinds of mechanical business, agri-
culture and merchandising.
, ,„,,, § 4. The said trustees above appointed shall hold their
office during good behavior, but are liable to be removed,
for good cause, by a vote of a majority of the male mem-
bers of the colony.
„ § 5. All vacancies in the office of trustees, either by
removal, death, resit^nation or otherwise, shall be filled in
such manner as shall be provided by the by-laws of such
corporation.
!is. § 6. The said trustees and their successors in office
m;iy make contracts, purchase real estate and again con-
vey the same, whenever they shall see proper so to do, for
the benefit of the colony.
329 1853.
§ 7. All the real estate heretofore conveyed by any Titles.
person or persons to the trustees of the Bishop Hill Soci-
ety shall be and the titles to said land are hereby in-
vested in the said trustees above appointed, for the use and
purpose above specified.
§ 8. The said Bishop Hill Colony may pass such by- By-iaws.
laws concerning the govei-nment and management of the
property and business of said colony, and the admission,
withdrawal and expulsion of its members, and regulating
its internal policy, and for other purposes directly connect-
ed with the business and management of said colony, as
they may deem proper, not inconsistent with the constitu-
tion and laws of this state.
§ 9. This act shall be deemed and taken as a public
act, and shall be construed liberally for the benefit of said
colony.
Approved January 17, 1853.
AN ACT to incorporate a bridge company by the title hereinafter named. l" force Jan. n,
Section I. Be it enacted by the people of the state of
Illinois, rejiresented in the General Assembly, That Joel^'"^P°^-''^°"-
A. Matteson, Joseph E. Sheffield, Norman B. Judd and
Henry Farnam, their associates, successors, heirs and
assigns, be and they are hereby created a body corporate
by the name and style of "The Railroad Bridge Com-
pany," with power to build, maintain and use a railroad powers,
bridge over the Mississippi river, or that portion within
the jurisdiction of the state of Illinois at or near Rock
Island, in such manner as shall not materially obstruct or
interfere with the free navigation of said river, and to con-
nect, by lailroad or otherwise, such bridge with any rail-
road, either in the states of Illinois orIov.-a, terminating at
or near said point; to unite and consolidate its franchises
and property with any and all bridge or 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 property for the uses and pur-
poses of said company, to contract, bargain and agree
with any such railroad companies for and in the construc-
tion and maintenai.ee of such bridge, to sell or lease said
bridge, or the use of the same, or the franchises of said
company, to any companies or corporations : Pruvided^ Proviso.
that said company shall commence said bridge within two
1853. 330
years, and shall complete the same within six years from
the passage of this act.
§ 2. This act to take effect and be in force from and
after its passage.
Approved January 17, 1853.
i
In forcp Feb. 3, AN ACT to charter the city of Hutsonville.
1853.
ARTICLE I. — Of Boundaries and Genera/ Powers.
Section 1. Bt it enacted by the people of the state of
Illinois, represented in the General Jissembly, That the
^*'*"" "'"' ^'^^'^" inhabitants of the town of Hutsonville, in the county of
Crawford, and slate of Illinois, be and they are hereby
constituted a body politic and corporate, by the name and
style of "The City of Hutsonville," and by that name
shall have perpetual succession, and may have and use a
common seal, which they may change and alter at pleasure.
Boundaries. § 2. All that district of country embraced within the
following limits, to wit, commencing at the northeast cor-
ner of fractional section No. twenty-nine (29,) in township
No. eight (8) north, of range eleven (11) west, running
thence west with said line to the northwest corner of said
fractional section, then south to lands belonging to James
T. Stark, on aline between him and lands formerly owned
by William Cox, deceased, thence east to the bank
Hutson creek, thence meandering the said creek to th«
Wabash river, thence up said river to the place of be-
ginning.
Wards. § 3. The present board of trustees of the town oi
Hutsonville shall, on the first Monday of May next, divid*
the said city of Hutsonville into two wards, as nearly equa
in population as practicable, particularly describing th<
boundaries of each.
§ 4. Whenever any tract of land adjoining tiie city o
Hutsonville shall be laid off into town lots and duly re-
corded as required by law, the same shall be annexed t(
and form a part of the city of Hutsonville.
General powers. § 5. Tlic inhabitants of said city, by the name an(
style aforesaid, shall have power to sue and be sued
plead and be imj)leaded, defend and be defended, in al
courts of law and equity, and in all actions whatever ; tc
purchase, receive, and hold property, real and personal,
in said city; to j)urchase, receive and hold property, botl
real and personal, beyond tiie city, for burial grounds anc
other public purposes, for the use of the inliabitants of saic
331 1853.
city ; to sell, lease and convey or dispose of property, real
and personal, for the benefit of the city, and to improve and
protect such property, and to do all other things in rela-
tion thereto as natural persons.
ARTICLE II.— 0/ the City Council.
§ 1. There shall be a city council, to consist of a <'*>' co""cii.
mayor and board of aldermen.
§ 2. Tiie board of aldermen shall consist of two mem-
bers from each ward, to be chosen by the qualified voters
for one year.
§ 3. No person shall be an alderman unless at the -^I'^ie™'"-
time of his election he shall have resided six months within
the limits of ihe city, and shall be at the time of his elec-
tion twenty-one years of age, and a citizen of the United
States.
§ 4. If an\ alderman shall, after his election, remove ^''»'^''*«'-
from the ward for which he is elected, his office shall thereby
be declared vacated.
§ 5. The city council shall judge of the qualifications,
elections and returns of their own members, and shall de-
termine all contested elections.
§ 6. A majority of the city council siiall constitute a quo- Q"ortim.
rum to do business, but a smaller number may adjourn from
day to day, and compel the attendance of absent members,
under such penalties as may be prescribed by ordinance.
§ 7. The city council shall have power to determine ^^"i^sof pvoceed-
the rules of its proceedings, punish its members for dis-
orderly conduct, and, with the concurrence of two-thirds
of the members elected, expel a member.
§ 8. The city council shall keep a journal of its pro- Jomuai.
ceedings, and from time to time publish the same; and the
yeas and nays, when demanded by any member present,
shall be entered upon the journal.
^. 9. No alderman shall be appointed to any office
under the autiiority of ihe city which shall have been cre-
ated or the emoluments of which shall have been increas-
ed during the time for which he shall have been elected.
§ 10. All vacancies that shall occur in the board of
aldermen shall be filled by election.
§ 11. The mayor and each alderman, before entering oath.
upon the duties of their office, shall take and subscribe an
oath that they will support the constitution of the United
States and of this state, and that they will well and truly
perform the duties of their office, to the best of their skill
and ability, and the oath prescribed in the twenty-sixth sec-
tion of the thirteenth article of the constitution of this state.
§ 12. Whenever there shall be a tie in the election ofTie. \
aldermen, the judges of election shall certify the same to
1853. 332
the mayor, who shall determine the same by lot, in such
manner as shall be determined by ordinance.
lags. § 13. There shall be twelve stated meetinj^s of the
city council in each year, at sucii times and places as may
be prescribed by ordinance.
ARTICLE III.— 0/ the Chief Executive Officer.
,r. § 1. Tlie chief executive officer of the city shall be a
mayor, wlio shall be elected by the qualified voters of the
city, and shall iiold his office for one year, and until his suc-
cessor shall be elected and qualified.
§ 2. No person shall be eligible to the office of may-
or who shall not have been a resident of the city for one
year next preceding his election, or who shall be under
twenty-one years of age, or who shall not, at the time of
his election, be a citizen of the United States.
(,. § 3. If any mayor, during the time for which he shall
have been elected, remove from the city, his office shall
be vacated.
§ 4. When two or more persons shall have an equal
number of votes for mayor, the judges of election shall
certify the same to tlie city council, who shall proceed to
determine the same by lot in such manner as may be pro-
vided by ordinance.
,^j,.,, h ,0. Wlienever an election of mayor shall t)e contest-
ed, the city council shall determine the same as may be
prescribed by ordinance.
§ 6. Whenever any vacancy shall happen in the office
of mayor it shall be filled by election.
ARTICLE IV.— 0/ Elections.
i^^i^ § 1. On the second Monday of Ma\' next, an election
shall be held in eacii ward of said city, for one mayor of
the city, cwo alderman for each ward, and forever tiiere-
after, on the second Monday of May of each year, there
shall be an election lieldfor one mayor for the city and two
aldermen for each ward. The first election for mayor and
aldermen shall be held, conducted, and returns thereof
made, as may be provided by ordinance of the present
trustees of the town of Hutsonville.
§ 2. All free white male inhabitants over the age of
""' twenty-one years, who are entitled to vote tor 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 : Pruvided, that said voters shall give tlieir
votes for mayor and aldermen in the wards in wliich tliey
shall respectively reside, and in no other; and tliat no vote
shall be received at any of said elections unless the person
333 1863.
offering such vote shall have been an actual resident of the
ward where the same is offered at least ten days next pre-
ceding such election.
ARTICLE y.— OJ the Legidative Poioers oj the City
iJouncil.
§ 1. The city council shall have power and authority to t:ix.
levy and collect taxes upon all property, real and personal,
within the limits of the city, not exceeding one-half per
cent, per annum, upon t]ie assessed value thereof, and
may enforce the payment of the same in any manner to be
prescribed by ordinance, not repugnant to the constitution
of the United States and of this state.
§ 2. The qualified voters of tlie city in each of the Kiect othrr
wards as aforesaid, and at the time of the election of the
mayor and aldermen as aforesaid, in each and every year
hereafter, shall elect a city clerk, treasurer, assessor, mar-
shal, and all such other officers as may be deemed ne-
cessary.
§ 3. ihe city council shall have power to require of officers
all officers elected or appointed, and they are hereby re-
quired in pursuance of this charter, bonds with penalty
and security for the faithful performance of their respec-
tive duties, as may be deemed expedient, and also to re-
quire all officers elected as aforesaid to take an oath
for the faithful performance of tiie duties of their respec-
tive offices, before entering upon the discharge of the same ;
to establish, support and regulate common schools; to ^^^j^''^"' ^'
borrow money on tlie credit of the city : Provided., that
no sum or sums of money shall be borrowed at a greater
interest than at ten per cent, per annum, nor shall the in-
terest on the aggregate of all the sums borrowed and out-
standing ever exceed one-half of the city revenue arising
from taxes assessed on real property within the limits of
the corporation.
§ 4. To appropriate money and provide for the pay-
ment of the debts and expenses of the city.
§ 5. To make regulations for [to prevent] the introduc-
tion of contagious diseases into the city, to make quaran-
tine laws for that purpose, and enforce the same within
five miles of the city.
§ 6. To establish hospitals, and make regulations for
the government of the same.
§ 7. To make regulations to secure the general health
of the inhabitants, to declare what shall be a nuisance,
and to prevent and remove the same.
§ 8. To provide the city with water, to erect hydrants
and pumps in the streets for the convenit'uce of the inhab-
itants.
1853. 334
§ 9. To open, alter, abolish, widen, extend, establish,
grade, pave, or otherwise improve and keep in repair
streets, avenues, lanes and alleys.
§ 10. To establish, erect and keep in repair bridges.
§ 11. To divide the city into wards, alter the bound-
aries thereof, and erect additional wards [as] the occasion
may require.
§ 12. To provide for lighting the streets and erecting
lamp posts.
§ 13. To establish, support and regulate night watches.
§ 14. To erect market houses, to establish markets and
market places, and provide for the government and regula-
tion ttiereof,
§ 15. To provide for the erection of all needful build-
ings for the use of the city.
§ 16. To provide for enclosing, improving and reg-
ulating all public grounds belonging to the city.
§ 17. To improve and preserve the navigation of the
Wabash river within the limits of the city,
§ 18. To erect, repair and regulate public wharves
and docks, to regulate the erection and repair of private
wharves, and the rates of wharfage thereat.
§ 19. To license, tax and regulate auctioneers, mer-
chants, retailers, hawkers, pedlers, brokers, pawnbrokers
and money changers.
§ 20. To license, tax and regulate hackney carriages,
wagons, carts and drays, and fix the rates to be cliarged
for the carriage of persons, and for the wagonage, cart-
age and drayage of property.
§ 21. To license and regulate porters, and fix the rates
of porterage.
§ 22. To license, tax and regulate theatrical and other
exhibitions, shows and amusements.
§ 23. To tax, restrain, prohibit and suppress tippling
houses, dram shops, and gaming houses and bawdy houses,
and other disorderly houses.
§ 24. To provide for the prevention and extinguishment
of fires, and to organize and establish fire companies.
§ 25. To regulate or prohibit the erection of wooden
buildings in any })art of the city.
§ 26. To regulate the fixing of chimneys and fix the
flues thereof.
§ 27. To regulate the storage of gunpowder, tar, pitch,
rosin, and other combustible materials.
§ 28. To regulate and order parapet walls and parti-
tion fences.
§ ^9. To establish standard weights and measures, and
to regulate the weights and measures to be used in the
city, in all cases not otherwise provided for by law.
335 1853.
§ 30. To provide for the inspection and measuring of
lumber and other building materials, and for the measure-
ment of all kinds of mechanical work.
§ 31. To provide for the inspection and weighing of
hay and stone coal, the measurement of charcoal, fire
wood, and other fuel to be sold or used v/ithin the city.
§ 32. To provide for and regulate the inspection of to-
bacco, and of beef, pork, flour, meal, and whisky in barrels.
§ 33. To regulate the inspection of butter, lard and
other provisions.
§ 34. To regulate the weight, quality and price of
bread to be sold and used in the ciiy.
§ 35. To regulate the size of bricks to be sold or used
in the city-
^ 36. To provide for the taking enumerations of the in-
itanls of the city.
§ 37. To regulate the election of city officers, and
provide for removing from office any person holding an
office created by ordinance.
§ 38. To fix the compensation of all city officers, and
regulate the fees of jurors, witnesses and others, for ser-
vices rendered under this act, or any ordinance.
§ 39. To regulate the police of the city, io impose
fines and forfeitures and penalties for the breach of any ordi-
nance, and to provide for the recovery and appropriation
of such fines and forfeitures, and the enforcement of such
penalties.
§ 40. The city council shall have exclusive power,
within the city, by ordinance, to suppress and restrain
billiard tables.
§ 41. The city council shall have power to make all
ordinances which shall be necessary and proper for carry-
ing into execution tlie powers specified in this act, so that
such ordinances be not repugnant to nor inconsistent with
the constitution of the United States or laws of this state.
§ 42. The style of the ordinance of the city shall be ;
"i^e it ordained bij the city council of the city of Hutsonville.'^''
§ 43. All ordinances passed by the city council shall,
within one month after they shall have been passed, be
published in some newspaper published in the city, and
shall not be in force until they shall have been published
as aforesaid.
§ 44. All ordinances of the city may be proven by the
seal of the corporation, and when printed and published in
book or pamphlet form, and purporting to be printed and
published by authority of the corporation, the same shall
be received in evidence in all couits, and without fur-
ther proof.
§ 45. The city council shall have power to establish
ferries, license and regulate the same on the Wabash river,
Pr-'^-i'llnK officer.
Duties of mayor.
1853, 336
within the limits of city, for the benefit of the inhabitants
and the public.
ARTICLE VI.— Q/- the Mayor.
§ 1. The mayor shall preside at all meetings of the
city council, and shall have a casting vote, and no other.
In case of non-attendance of the mayor at any meeting,
tlie board of aldermen shall appoint one of their own num-
ber chairman, who shall preside at that meeting.
Special meetings. § 2. The mayor or any two aldermen may call special
meetings of the city council.
3. The mayor shall at all times be active and vigi-
lant in enforcing the laws and ordinances for tiie govern-
ment of the city; he shall inspect the conduct of all sub-
ordinate officers of said city, and cause negligence and
positive violation of duty to be prosecuted and punished;
he shall from time to time communicate to the aldermen
such information and recommend all such measures as in
his opinion may tend to the improvement of the finances,
the police, the health, security, comfort and ornament of
the city.
§ 4. H. isjiereby authorized to call on every male in-
habitant of aid city, over the age of eighteen years, to aid
in enfi. ng the laws and ordinances, and in case of riot,
to call at the militia to aid him in suppressing the same, or
in carrying into effect any law or ordinance; and any person
who shall not obey such call shall forfeit to said city a fine
not exceeding five dollars.
§ 5. He shall have power, whenever he may deem it
necessary, to require of any of tlie officers of said city an ex-
iiibit of his books and papers.
§ 6. He shall have power to execute all acts that may
be required of him by any ordinance made in pursuance
of this act.
commissioneci 1)7 § 7. He sliall be commissioned by the governor as a jus-
t'oveni.ir. ticc of the pcace for said city, and as such shall be a con-
servator of the peace for the said city, and shall have power
and authority to administer oaths, issue writs and process,
under the seal of the city, to take depositions, the ac-
knowledgment of deeds, mortgages, and all other instru-
ments of writing, and certify same, under the seal of the
the city, which shall be good and valid in law.
Jmisdktioii. § 8- f^6 shall have exclusive jurisdiction in all cases
arising under the ordinances of the corporation, and con-
current jurisdiction with all other justices of the peace in
all civil and criminal cases within the limits of the city,
arising under the laws of the state, and shall receive the
same fees and compensation for his services as in similar
cases.
337 1S53.
§ 9. He shall also have such jurisdiction as may be
vested in him by ordinance of the city, in and over all
places within five miles of the boundaries of the city for
the purpose of enforcing the health and quarantine-o'rdi-
nances and regulations thereof.
1 ^,\^" J"^^ ^^^'^^^ receive for his services such salary as
shall be fixed by an ordinance of the city.
§ 11. In case the mayor shall at any time be guilty ofp.naitv ;:„po.
a palpable omission of duty, or shall wilfully and corruptly ""'="'>"^-
be guilty of oppression, malconduct, or partiality in the
discharge of the duties of his office, he shall be liable to
be indicted in the circuit court of Crawford county, and on
conviction he shall be fined not more than two 'hundred
dollars, and the court shall have power, on the recommen-
dation ot the jury, to add to the judgment of the court
that he be removed from office.
ARTICLE YIL-Of Proceedings in Special Cases.
§ 1.^ When it shall be necessary to take private pro- sum.,
perty lor opening, widening, or altering any public street,
lane, avenue, or alley, the corporation shall ?aake a ju<5t
compensation to the person whose property ..'/n taken,
and if the amount of such compensation cannot be'agreed
on, the mayor shall cause the same to be ascertained by a
jury of six disinterested freeholders of the city.
§ 2. When the owners of all the property on a street,
lane, avenue, or alley, proposed to be opened, widened'
or altered, shall petition therefor, the city councils may
open, widen, or alter such street, lane, avenue, or alley,
upon condition to be prescribed by ordinance, but no com-
pensation shall in such case be made to those whose pro-
perty shall be taken for the opening, widening, or alterino-
such street, lane, avenue, or alley, nor shall there be any
assessments of benefits or damages that may accrue thereby
to any of the petitioners.
§ 3. All jurors empanneled to enquire into the amount Ju •.•
ot benefits or damages which shall happen to the
owners of property proposed to be taken for openincr,
widening, or altering any street, lane, or alley, shall fir^tsw,.-,
be sworn to that effect, and shall return to the mayor their
inquest in writing, and signed by each juror.
§ 4. In ascertaining the amount of compensation for
property taken for opening, or widening, or altering any
street, lane, avenue, or alley, the jury shall take into con-
sideration the benefit as well as the injury happening by
such opening, widening, or altering such street, lane
avenue, or alley. '
§ 5. The mayor shall have power, for good causes ,„,„.,»,, ..j,,
shown, withm ten days after any inquest shall have been '"'"'"'''
[ W J
1853. 338
returned to him as aforesaid, to set the same aside, and
cause a new inquest to be made.
, ^6. The city council shall have power by ordinance
" "" to levy and collect a special tax on the holders of U.e lots
in any street, lane, avenue, or alley, or part of any lane,
avenue, or alley, according to their respective fronts
owned by them, for the purpose of paving and grading the
side-walks and lighting said street, lane, avenue, or alley.
ARTICLE YllL—Miscel/aneous Provisions.
,,, . K \ The inhabitants of the city of Hutsonville are here-
by exempted from working on any road beyond the limits of
the city, and from paying any tax to procure laborers to
work on the same.
t, , 5 2 The city council shall have power, for the purpose
of keeping the streets, lanes, avenues and alleys m repair,
to require every male inhabitant in said city, over twenty-
one years of age, to labor on said streets, lanes, and avenues
and alleys, not exceeding three days in each and every
ye'-ir, and any person failing to perform such labor, when
dulv notified bv the supervisor, shall forfeit ana pay the
sum of one dollar per day for each day so neglected or
refused. . , r
^ 3. The city council shall have power to provide tor
■•"'""" the punishment of offenders, by imprisonment in the county I
iail or city jail, in all cases where such otl\;nders miglit law- 1
fully be imprisoned by the constitution and laws ot this
state. 1 LI- 1 !
^ 4 The city council shall cause to be pubiishe(i an-
'""""• nuallv a full and complete statement of all moneys received
and "expended by the corporation during the preceding
year, and on what account received and expended.
§ 5. All ordinances and resolutions passed by the
president and trustees of the town of Hutsonville shall
remain in force until the same shall have been repealed
by the city council hereby created.
^6. All suits, actions and prosecutions instituted, com-
menced or brought by the corporation hereby created, shall
be instituted, commenced and prosecuted in the name ol
"The City of Hutsonville." _
5 7. All actions, fines, penalties and forfeitures which
have accrued to the president and trustees of the town of
Hutsonville, shall be vested in and prosecuted by the cor-
poration hereby created. ,. i
i,„„,,,iy § 8. All property, real and personal, heretotore be-
longing to the president and trustees of th • town of
Hutsonville, for the use of the inhabitants of said town,
shall be and the same are hereby declared to be vested in
the corporation hereby created.
^^^ 1853.
§ 10. The president and trustees of the town of Hnf p ,
«onvdle snal], immediately after the pas.ag of thL a t""-
he dtrrH^t^^' l>--u]gate this Iaw\vithin the limitrof
t P Mr ^'fT''^^'^ =^"^ '^^"^ their proclamation for
he election ot officers, and cause the samj to be published
sion prioi to the uay ot election for said officers.
caL an.inl'^-'t .'. ^' ^^J.^^^-i ^>om decisions in all -vppea..
ca.es ans.ng under the provisions of this act, or any ordi-
and I anted in J!' ' ''""^ '"'^ "PP^^^ ^^'^^'^ '^^ taken
ana g anted m the same manner and with like effect as
appeals are taken from and granted bv iu ticefo7 th.
peace to te circuit court, undfr the laws^t^This stat -
^ 12. VViienever the mayor shall absent himself from .r
Led to'e t ^"1> f' ■'^'^^"^" ^'-^^ immediately ;;!
§ 13. This act is hereby declared to be a public act
and may be read in evidence in all courts of la Jande,uity
within this state, without proof. ^ ^
prov'-'ionstf thf.r' T'"'' °^ ""''' ^°'""^g ^^thin theAc.,...
pim.Mons ot this charter, or contrary to or inconsistent
witn Its provisions, are hereby repealed ^"^onsi.tent
to execute wHtfnV;?'''^' °' '"^' «ther officer authorized cit.n....,
to execute writs or other process issued by the mayor
inuls of the county of Crawford, and shall be ent^ ed to
:i::iiar:a::r"^'^^^^^^^"^---^'^^^^
Approved February 3, 1853.
AN ACT to amend the city charter of the oty of Quincy.
bECTiox 1. Be It enacted by the people of the state of
^y':x::nfT'T ^?^,^--f^ff-4 xh^'ti^....... .
thp^.. / /., ^'^^ °^ Q""^^y '^'^^^ ^'^^^ Po^v-er, upon "^'^
lnJ"\r^ '^ ' i1 '"f J°'"^'y "^" ^^^^ -^^^"^^^ ^^ holders of lots
n any block or blocks, or other natural divisions of ground
, lont n„ on any street, alley, highway or other thoro.fSe
unsaid city, to cause, from time to time, any such streetfaey
streots.
1853. 340
hicrhway or thoroughfare, or any part thereof, to be paved,
macadamized or planked, and to keep the same in repair
T -2. The expenses of any improvement mentioned n
Expense or im- ^ forecroine section maybe assessed upon the real estate
^"■"^"^■'"^ n anTn'aturll division benefitted thereby, with the costs
of the proceedings therein, in proportion as near as maj be
?o the benefits thereto: Provided, snch assessment shall
not exceed three per cent, per annum on the property as-
'' 5 t" The said city council shall have power by ordi-
'"""' '"• nance to levy and collect a special tax on the owners or
ho ders 0 tlfe lots on any street, alley lughway or thor-
oulhfarc' or part of any street, alley, highway or thorough-
fare according to their respective fronts owned or held by
them for the 'purpose of carrying out the power granted
bv the first and second sections ot this act.
HI The city council are hereby authorized and em-
■potered to make all necessary ordinances ior the purpose
of Tuny carrying out the power herein granted, not incon-
^^^f 5- "This tt to take effect and be in force from and
after its passage.
Approved February 9, lao.>.
ili'.ke onlinancos
i„ ,-0,-ce F>1>. IK AN ACT to incorporate the Chicago Philharmonic Society.
Section 1. Be it enacted by the people qf ^^^'^^J'f
mtwTs 7lpresented in the General .assembly, Th^t the
. fr performing, members of the Chicago Philharmonic
^^^.Inr^^^^^^^^^^lfpersons who shall hereafter become asso-
ciate?; ith themes male performing members ai. hereby
constituted a body politic and ^«^'P°^'f '„^> !^^^ "Xt
of "The Chicago Philharmonic Society, and by that
o !n h«vP nernetual succession, with power to make,
Geuprai powers, name shall lia\e perpctudi au^ , ., ' ^ f „i^„,. j.^a rg-
!>ave and use a common seal, and the same to altei and re
iew at pleasure; to contract and be contracted with, sue
! nibe sued implead and be impleaded, answer and be an-
swered unto in all courts of competent jurisdiction; ad
lall have all other powers and privileges necessary to ful-
fil the obiccts of their incorporation. ,,,,,. •
Tl The objects of said corporation shall be the im-
provement of its members in the theory and practice of
musTc the establishment and maintenance ot a library of
wo -ks refating to the science of music, the purchase and
Ts rvatfon of musical instruments for the use of the so-
^41 1853.
ciety, the procuration of lectures on matter relatino- to
musucal art, and the holding of public rehearsals or ?on-
§ 3. The officers of said corporation sliall !)e a i)resi- < .v.r..
dent and vice pi^esident, secretary, treasurer, librarian and
toui directors. They shall be chosen annually, by ballot by
the male performing members of the corporation, and the per-
sons receiving a majority of the votes of the members ,,resent
shall be declared elected, and shall hold their respective
oHices tor one year, or until their successors shall be an-
pointed. The above named officers shall compose the board
01 directors.
fj ^' fl'^''r^'^i'r^ ^f ""'' ^""'^'^^ ^^"*^^"^§ °^t^^^ corpora- -Ann„M.K.,ni,
tion on the first Monday in May in each and every year
for the election of officers, hearing the reports of the trea-
surer and board of directors, and the transaction of all other
necessary business.
§ 5. Said corporation shall have the power to define the Bv.,a.s.
duties of its officers, appoint such committees and adopt '
such by-laws as may be necessary for its government, the
management of its concerns and the fulfilment of its objects
and shall be competent, in law and equity, to take to it-
self in Its corporate name, real, personal or mixed pro-
perty, by gift, grant, bargain and sale, conveyance, will,
devise or bequest, of any person or persons whomsoever
and the same estate to grant, bargain, sell, convey and de-
vise, let or place out at any interest or otherwise dispose
ot the same tor the use of said corporation, in such manner
as shall seem most beneficial thereto.
§ 6. Said corporation may require bond and satisfac- Trca.u.r.
tory security of its treasurer for the faithful performance
of Ins duties as such officer.
§_ 7. The constitution and by-laws now adopted by said Constuu
society shall continue in force until the next annual meet- ''-"'^"
ing of said society after the passage of this act : and ail
personal property and effects, of whatever kind or descrip-
lon now held by said society, or any person or persons in
tnist theretor, 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 cor-
poration.
§ 8 The society hereby incorporated shall have pow- Roai eta
cr and authority, and are hereby authorized, to jjurchase
real estate or other property in the city of Chicago, not
exceeding the capital stock created, at such times 'as may
be determined by the board of directors aforesaid, for the
purpose of erecting necessary buildings ior the permanent
occupation of the society-library room, lecturi and con-
cert hall.
tion
1853.
342
„ , 5 9. For the purpose of purchasing such real estate
,iock. and erecting such permanent buildings as aforesaid there-
on, the said' board of directors are hereby authorized and
empowered, at such times as they may think proper by res-
olution to that effect entered upon the record ot their pro-
ceedings, to create a capital stock of tw^-nty thousand dollars,
divided into shares of fifty dollars each, with the privilege
at anv time thereafter of increasing the same to htty thou-
sand "dollars, if such amount shall by them be deemed
needed for the purposes aforesaid, upon publishing twenty-
five days' notice of such resolution in one of the daily news-
papers printed in the city of Chicago ; at the expiration of
which time books shall be opened for the subscription of
said stock at the library rooms of the society by the then
existing board of directors, who are hereby constituted a
commiUee to open said books and solicit subscriptions to
said stock; and the same shall be payable in such instal-
ments and at such times and subject to such forfeitures as
shall be prescribed by said board of directors.
8 10. After all said capital stock so created as afore-
M-.^.m.<^Mock- ^j^^ ^j^^^j j^^^^ ^^^^^ subscribed, a meeting of all the stock>
holders and male performing members of the society shall
be called by the said slock committee, who shall, at the time
of sucli meeting, from each subscriber of stock, [require] a
payment of five dollars in cash on each one hundred dol-
lars of stock subscribed for by him ; and a new election of
officers shall then take place, who shall hold their offices
KUctoi.. until the next and ensuing regular election ; and at such
election, and all elections thereafter held, each male per-
forming member of the society shall be entitled to one vote,
and each stockholder to one vote for each and every share
of stock ho may hold, and a majority of all the votes cast
shall be required to make an election : Provided, that no
stockholder shall be entitled to vote at such elections who
may be in arrears for his payment of the instalment requi-
red or called for on his stocl'f ; and no member of the soci-
ety shall vote unless he has first paid up his regular dues
to the society. -,1*1
§ 11. As soon as all of said stock is subscribed, tlie
said board of directors shall have power to borrow any sum
or sums of money, not exceeding the amount of said capital
stock, to secure the early completion of said buildings, and
for this purpose they are hereby authorized to issue bonds
therefor and and pledge all property, real or personal,
owned by said societv, for the repayment thereoi.
§ 12. This act sliall be a public act, and as such shall
be received in all courts, and receive a construction lavor-
able to the accomplishment of its objects.
BoiT'jw money. 2
343 1853.
§ 13. Persons not stockholders may become members,
on sucli conditions as the board of directors may iVom time
to time deteriiiine.
§ 14. After payment of all expenses of the society in DivRicn.iy.
keeping up the library room, lecture and concert hall, in
such manner as the board of directors shall think proper,
and after said buildings are erected for the use of tin- so-
ciety, then the overplus arising from the rents or jjrofits of
any such real estate or buikiirigs owned by the society, or
purchased or erected as aforesaid, shall be divided annu-
ally pro rata among the stockholders of said society ac-
cording to tiie arnouut of tiie stock held by them respec-
tively.
§ i5. This act shall take effect from and after its passage.
Approvkd February 11^ 1853.
AN ACT to incorporate the Gni.idy and Kendall Plank Road Compan}-. in lore.
Wiiereas the public interest seems to demand that a plank Preamb:
road i,e built and put in operation from Morris, in
Grundy county, to Lisbon, in Kendall county, which
may extend fiom Morris in a southerly direction, and in
a norther!}' direction from Lisbon. And whereas the
general laws of this state are not such as to enable the
persons interested to accomplish the objects they have
in view, by means of an association formed under the
general laws of this state, therefore :
Section 1. Be it enaded by the people of the state of
Illinui^, represented in the General Jissembly, That all such Body
persons as shall become stockiiolders acording to the '^"•' !"
provisions of this act, in the corporation hereby created,
shall and for the term of fifty years from and after the or-
ganization thereof, as in this act provided, shall continue
to be a body politic an 1 corporate, under the name of "The
Grundy and Kendall Plank Road Company," and by that
name may sue and be sued, plead and be impleaded. General
answer and be answered unto, in ail courtsof law and equity;
may make and use a common seal, and the same alter and
renew at pleasure ; may purchase, hold and convey real
estate ; may make by-laws, rules and regulations for the
government of said corporation, and the otHcers thereof,
and the same alter or repeal at pleasure : Provided^ the
same be not inconsistent with the constitution or laws of
this state or the United States.
§ 2. Said c irporation shall have power to construct, Powc-
maintain and continue a plank road, of such width as the ^'""^''
1853.
344
f.'oniiuissiotors,
Antis
Atherton :
John P. Chapin,
ire hereby named
V liv 1- locUs.
directors thereof may determine, on such route as shall be
by them selected, from the town of Morris, in Grundy coun-
ty, to north line of said county, and the same to extend to
any point on the Fox river, in Kendall county, which they
mav deem expedient. Said corporation are hereby author-
ized and empowered to construct a plank road in a south-
erly direction from said town of Morris to the south line
of said county of Grundy, and to construct, maintain and
continue branches of said road in such direction as the
public convenience may seem to require, and as said cor-
poration shall deem expedient.
5 3. Eugene Stanberry, John
Colquhan Grant and B. M.
and constituted commissioners, any three of whom may
open books for receiving subscriptions to the stock of said
corporation. A majority of said commissioners shall deter-
mine the times and places of opening said books, and the
notice to be given thereof; they shall determine the manner
in which such subscription shall be made and secured, re-
quiring such security at the time of subscribing as they
shall deem necessary. Atleast five per cent, upon ail sub-
sciiptions of stock shall be paid at the time of subscribmg
for the same; and all stock in said corporation shall be
considered personal property.
§ 4. The affairs of said corporation shall be managed
"by five directors, who shall hold their offices for one
year and until their successors are elected— one of whom
shall be bv them appointed president of the board.—
Said directors shall appoint a secretary of said corporation,
and such other officers and agents as tliey may deem ne-
cessary and proper for the advancement of the interest of
said corporation'. The first board of directors shall be
elected by ballot, each share of stock entitling its owner
to one vote, which may be given either in person or by
proxy. The first election for directors shall be held withm
one week after books for subscription of stock shall have
been closed by said commissioners, but said books shall
not be closed until stock to the amount of five thousand
dollars have been subscribed and taken. Notice of the time
of closing said books and the election of directors shall
be friven'^in such manner as the commissioners mentioned
in the third section of this act, or a majority of them, shall
direct. Said directors, at least thirty days before the
expiration of their term of office, shall cause their secre-
tary to give notice of the time and place of holding the
annual e'lection for the election of their successors.
^ 5. Immediately after the organization of the board
of directors as provided in this act, the commissioners
aforesaid shall deliver to them all books, moneys, papers
and other property belonging to said corporation.
345 1853.
^ 4. The plank road herein contemplated shall be first
tominenced at the town of Morris, as near the court house
as the directors may think most advantageous, and shall be
constructed in a northerly direction, and when said road
(shall have been constructed so far northwardly as the direc-
tors may deem advisable, not exceeding twenty miles, then
said corporation may proceed to construct the same in a
southerly direction, commencing as aforesaid, and continu-
ing the same on the most eligible route to such poir.ts on
the south line of said county of Grundy, or to such inter-
mediate point as they may deem advisable.
§ 7. The stock of said corporation shall consist of eight capital stock.
hundred shares of fifty dollars each, and the portion thereof,
if any, that shall not be subscribed for on said commis-
sioners' books, shall be disposed of in such a manner and
at such times as the directors may determine according to
the interest of the corporation; and should a greater amount
of stock be required for the purposes contemplated in this
act, tiie said directors are hereby authorized to increase
said capital stock to any sum not exceeding seventy-five
thousand dollars, which shall be divided into shares of fifty
dollars each, as aforesaid. Said directors are hereby au-
thorized to borrow money for the purpose of construction
of said roads, or either of them, to an amount not exceeding
one-half the amount of the capital stock subscribed, at a
rate of interest not exceeding ten per cent, per annum,
and to secure the payment thereof by mortgage of the
road or by sale of bonds of the corporation, to be exe-
cuted in such manner as the directors shall determine,
or by any otiier means legally in the power of said corpora-
tion : Provided^ that fifty per cent, of all stock securities
shall first be paid to said corporation.
§ 8. Said corporation shall have power to bridge all uuiid bridges,
streams and sloughs intervening in the construction of their
said road, to embank and grade the same, to erect toll-
gates, toll-houses and all other fixtures necessary and pro-
per for carrying into effect the full purpose and interest of
this act, and may, moreover, enter upon and take any part
of any state or county road over which said plank roadj or
its branches, may be laid, and also any land belonging to
the state or any person or persons whatsoever, and use the
same for said road or any appendage thereof, and may take
earth, stone, timber or any materia], or any lands most
convenient to said road or its appendage : Provided^ that
all damages for right of way or materials taken shall be
ascertained and paid according to the provisions of an act
entitled "An act to amend the law condemning the right of
way for purposes of internal improvement," approved June
22, 1852.
1853.
346
§ 9. When two miles of said road shall liave been com-
pleted, said corporation may erect a toll-gate thereon and
collect tolls from all pi rsions traveling thereon. In cliarg-
ing and collecting tolls on said road, said corporation shall
be governed, in all respects, by the rates established in and
by an act entitled "An act to ])rovide for t'e con^tnicUon
of plank roads by a general law," approved February 12,
1849.
§ 10. The corporation hereby created shall have pow-
er, whenever they shall deem it expedient so to do, after
the completion of five miles of their road on the south side
of the Illinois river, to erect a toll-bridge, or to establis'::
and keep a ferry across the Illinois river at said town of Mor-
ris, and shall have the right to charge and collect such rates *i
of toll or ferriage for crossing the same as are now charged i
and collected for ferriage at said town : Provided, that said I
corporation shall, at all times, be prepared with the means:
of a speedy, safe and convenient crossing of said river, ,
and shall keep constantly employed a sufficient nr.mber off
active and skillful hands to facilitate said crossing.
§ 11. If any person or persons shall willfully do or cause
to be done any act or acts whatever, wiiereby any boat,
building, bridge, embankment, road or work of said cor-
poration shall be obstructed, impaired, weakened, injured
or destroyed, the person or persons so offending shall for-
feit and pay to said corporation treble the amount of dam-
ages sustained by reason of such injury, which may be
recovered in the name of said corporation, before anv jus-
tice of t[)e peace, when the damages claimed are less than
one hundred dollars, orin any court of competent jurisdic-
tion within the state, by action of debt, with costs of suit ;
but nothing herein contained shall be a bar to the piosecu-
tion and punishment of offenders under the criminal laws
of this state.
§ 12. Said corporation shall establish an office in the
manner ])ro\'ided in said act entitled "An act to provide
for the construction of plank roads by general law," and
all service of process upon said corporation shall be a
made as provided in said act.
§ 13. Tins act is hereby declared to be a public act,
and shall take effect and be in force from and after its
passage.
Approved February 10, 1853.
347 1853.
AN ACT (o incorporate the Wilinington Bridge Company. In forco^Fob. iJ.
Section 1. Be il enacted h>j the people of the stale of
7uwi,. represented in the General .'bscmbly, Tliat Albert Body^.^covporat-
\ " veil and his associates, his and their heirs and as-
e and they are hereby constituted and declared a
ou^ -.urporate and ];olitic, by the name and style of "Tlie
Bminolon Bridge Company," lor the purpose of erecting
m nuimtaining a bridge across (he Kankakee river, at
iluiington, in Will county, and by that name and style
Rd Aluert W. B..wen and his associates, his and their as-
Wns onJ successors, ar<,- liereby made as capable in law as
atuia! persons to contract, to be contracted with, to sue General powers.
ad be sued, implead and be impleaded, in all courts of law
ud equity; to make and use a common seal, to alter the
ame at pleasure, and generally to do and execute all
latters and things which a body corporate or politic or an
idiMdual could or may lawfully do; and said company
hall be capable of purchasing, holding and conveying any
state, real or personal, that may be necessary to enable
aid company to accomplish the objects of this cor])oration
,s above expressed; and th > stock of said company shall
»e deemed and considered personal property.
§ '>. The ca{)iial stock of said comjjany shall be ten capttai stock.
housand dollars, but may be increased to twenty thousand
lollars should the directors of said company deem such
ncrease necessary, for the purpose of erecting and main-
:aining said bridge ; ai.d said capital stock shall be divided
nto shares of ten dolUrs each. And the said Albert W.
Bovven is liereby authorized and empowered to open or
cause to be opened the books for subscription at such time
and place as he may deem proper.
§"3. Whenever the amount of three thousand dollars choose directors,
of tlie capital stock of said company shall have been subscri-
bed, saiu Bowen may call a meeting of the stockholders at
Wmniiigtcn aforesaid, by posting up written or printed no-
tices of the time and place of holding such meeting at Wil-
miiigion, in three public places, at least ten days before the
tinie^ of holding such meeting, for purpose of choosing
three directors of said company.
§ 4. At the time of such meeting the stockholders ^^'allr^^e^ident^^ »na
choose a president and secretarv from among their num-
ber, and shall th.en elect by ballot three of their members
as directors, who shall hold their office for one year and
until their successors shall be chosen ; and at all elections
for directors each stockholder shall be entitled to one vote
lor each and every share of stock owned by such stock-
i holder, which may be cast by such stockholder in person
or by proxy duly authorized ; and an election for three di-
I rectors shall be holden annually after the first election, no-
1853. 348
tice of which shall be given by the secretary of said con
pany by publication in some newspaper at Wilmington c
most convenient thereto, at least thirty days previous' t
the time of such election.
omce... § 5. Said directors, when chosen, shall choose one <
their number president, and they shall have power to choos
a secretary and treasurer and all such other officers, agenl
and laborers as they may deem necessary and proper, an
to prescribe all necessary by-laws, rules and regulation
tor the government of said company, and its officers an
agents, which shall not be inconsistent with the con<^titutio
and laws of the United States or of this state.
Time Of construe- § 6. Said Company shall commence said bridge with!
two years, and complete the same within four years fron
the passage of this act, and may locate the same upon an.
from any of the public streets of said town of Wilminatoi
to the opposite bank of the Kankakee river, and may''u<5.
so much of such street as shall be necessary for thp build
mg said bridge, and making a good and sufficient passa-.
to and from the same. And also, said company is autho?i"
zed and empowered to obtain the right of wav at and fron;
the west end of said bridge to any public I'oad or road,
necessary for the use of said bridge, either by purchase or
in manner prescribed by law for obtaining the rio-ht of wa^
lor public roads, canals, railroads or other public works
Toll-gates. 9/- ^aid company is hereby authorized and emj)ow.
ered, after the completion of said bridge, to place a toll.:
gate and toll-liouse it either or both ends of said brid<re,
(so as not to obstruct the passage to and from the sam?,"
and to Qemand and receive for passing over the same th('l
lutcoftoii. lolloping rates of toll, viz: For each two horse warron.*
carnage or other vehicle drawn by two horses or otheA-nJ
iraals, twenty-five cents; and for each additional animal
such team, five cents ; and for an additional wagon atta>
ed thereto, five cents; for each one horse wagon, carriacr^
or other vehicle drawn by one horse or other animal, m
teen cents ; for eacli horse or other animal and rider, ten
cents ; for each head of horses, mules, asses or cattle un.
der and to tiie number of twenty, not driven in a team or
teams, three cents ; and for all over twenty, two cents
eacli ; tor each head of swine or sheep, one cent : Provided.
said company may double the above rates of toll after nine
"" f "o "i *!^.^ ^''^"^"- ^"^ '^^^''^'^ ^^y^^S'^t i" the morning.:
^8. 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 sam; ,'
unless the same shall be carried away or injured by hi^rh
water or other casualty, and then ' the same shall be
speedily rebuilt or repaired, and shall allow a speedy pas-
349 1853.
jlge over the same during the continuance of this act, which
liall be fifty years.
A 9. If any person or persons shall willfully do or cause offemurs.
■ ' - done any injury to said bridge or its abutments, piers,
enances or the passage or passages to or from the
... , such person or persons so offenc'ing shall be liable
) } iiy to 5'aid company not less than twice the amount of
u ! iijury, and not more than five times the amount of
.jury, which may be recovered in an action of debt
! name of said company before any justice of tiie peace
laviiuT jurisdiction of the amount, or by indictment in the
lire nit courts in the name of the people of the state of lili-
lois ; and on conviction under indictment such person or
lersons shall also be liable to imprisonment not exceeding
hree months, and to pay the costs of prosecution in all ca-
!es where judgment or conviction shall be had against such
lerson or persons.
§ 10. Any person or persons crossing said bridge with penalties.
iny beast or animal faster than a walk shall forfeit and pay
io said company five dollars, which may be recovered in
m action of debt before any justice of the peace or other
)fficer having jurisdiction thereof: Provided, said compa-
ly shall keep up, at each end of the bridge, in some con-
spicuous place, notice to that effect in large letters.
§ 11. Said company shall have power to borrow mon- R^new i;
iy, not exceeding one-half the amount of their capital stock,
"or the purpose of building said bridge or keeping the same
n repair, and may mortgage said bridge and its tolls for
that purpose and for no other purpose.
^ 12. Said company are hereby authorized and em- ymy.
powered to establish and maintain a ferry across said Kan-
kakee river, at or near the place of building said bridge,
during the building of said bridge, and whenever it shall
be necessary to rebuild or repair the same under the pro-
visions of this act, and to demand and receive the same
rates of toll for crossing the same as are prescribed in sec-
tion of this act.
Approved February 12, 1853.
AN ACT to amend an act entitled <-An act to incorporate !!ie town oi' ^n i^r^e p^,,.
Lacon," and for other purposes. 1S53.
Section 1 . Be it enacted by the people of the state of Illi-
nois, represented in the General .Assembly, That the ,,„„, „.^^.,^^
boundaries of the town of Lacon, in the county of Mar-
I shall, be as follows : commencing on the Illinois river, on
1863.
350
the township line between townships twenty-nine and thir
nortii, of range three, west of the third principal meridiai
and running thence east along said township line to tl
centre of section thirty-six in townsliip thirty north,
range three, east of the third principal meridian; thenc
north along the centre of said section to the north line
the same, thence east one-fourth mile, thence north thrc^
fourths of a mile, thence west one-fourth of a mile, tltenc
north one-fourtii mile, thence west to the Illinois rive
thence southward along said river to the place of beginning
to § 2. That the president and trustees of said town ar
hereby authorized to purchase of the proprietors therec
all or any part of the lands in front of said town and ly
ing between Water street and the Illinois river, and to li
up the same, and erect wharfs and streets thereon, and t
lay the same out into lot?, streets and alleys, and tj hoi,'
the same in fee simple, and to sell and to convey tiio sam'l
at pleasure to any person or persons; or the said prt sideii'
and trustees may, in their discretion, enter into an iirrangC'
ment or contract with the owners of said beforoiamei
land, or any part thereof, to fill the same up, or any par
thereof, which said contract, duly signed by the j)residen'
and clerk of the board and the owner or owners of sai('
land, shall be valid and binding in law.
§ 3. That said president and trustees of said town, t(
enable them to carry into effect the provisions of this act
shall have power to borrow any sum of money not exceed
ing twenty thousand dollars, at a rate of interest not ex
ceeding ten percent, per annum, which said interest shal
be payable annually. Slid bonds shall be payable withii
twenty years from the time of the issuing thereof, andslial
be in sums of not less than five hundred dollars ; whicl
said bonds shall be signed by the president and attested b;
the clerk.
§ 4. It shall be the duty of said president and trustee;
of said town, if the ordinary corporation tax oi said towr'
shall be insullicien!: for that purpose, to levy a special taj
upon all the property, real and personal, within the iimiti
of said town, for the purpose of paying the interest upoi
said bonds by them issued under and by virtue of the pro^,
visions of this act, and to provide by tax or the sale o
said lands by them filled up for the payment of the prin-
cipal when due.
§ 5. Said president and trustees shall not have powe)
by this act, or the act to which this is an amendment, t(
lay out any streets or alleys through any land within tlu
limits of said corporation used for farming purj)oses, nor
shall they have power to levy and collect any tax for cor-
361 1853.
'ioration purposes upon any land used for fanning ])urposes,
inlt'ss tlie same shall be laid out into lots or out-lots in
|)aid town.
; § 3. This act shall take elFect and be in force troni and
ijifter its passage.
Approved February 12, 1853.
AN ACT to incorporate the town of Nashville, in the coanty of Wesh- In force Feb. ti
"^ ington. ''^3-
Section 1. Be it enacted by the people of the state
of I/finuis, represented in the General Assembly, 'i'hat
ijthe resident inhabitants of the town of Nashville, in Wash-
'Wgton county, are hereby constituted a body politic and
icorpnrdte, to' be known by the name of ''The President style.
]and Trustees of the Town of Nashville," and by that name
|shall be known in law and have perpetual succession, may
sue and be sued, plead and be impleaded, defend and be
'defended, in courts of law and equity, and in all actions
iand matter whatsoever ; may grant, purchase and receive, General powers
and hold real and personal property within the limits of
said town, and no other, (burial grounds excepted,) and
may lease, sell and dispose of the same for the benefit of
the town, and may have power to lease any of tiie reserved
lands which have been or may be appropriated to the use
of said town, and may do all other acts as natural persons;
may have a common seal, and change and alter the same
at pleasure,
§ 3. That all those tracts of land embraced within one BomKiarbs.
square mile, including the town of Nashville, shall be in-
cluded within the limits of said incorporation : the court
house in said town to be the centre of said square mile.
§ 3. The corporate powers and duties of said town corporate powe
shall be vested in a president and four trustees, who shall
form a board for the transaction of business.
§ 4. The president and members composing the board Elections.
of trustees shall be elected annually, on the first Monday
in April, to serve for one year, and until others shall be
legally qualified ; they shall be at least twenty-one years
of ag'\ citizens of the United States, and shall possess a
freehold estate within the limits of the corporation. Those
persons only shall be qualified to vote for president and
trustees, or in such town meetings as may be held in con-
formity with this act, who possess t!ie requisite quahfica-
tions to vote for state officers, and have resided within the
limit.-; of the corneration six months previous to such elec-
tions or town meetincrs.
1853. 352
Appoint officers. § 5. The boai'd of trustees shall appoint all officers of
their board, (th(-; president excepted, who shall be elected
by the people,) and shall be the judges of the qualifications,
elections and returns of their members, and shall have pow-
er to fill all vacancies in the board occasioned by death,
resignation or six months' absence of any members thereof.
A majority sliall constitute a board to do business, but a
smaller number may adjourn from day to day, may com-
pel the attendance of absent members, in such manner and
under such penalty as the board may provide ; they may
determine their rules of proceedings, and make such other
rules and regulations for their own government as to them
may seem expedient and proper.
Special meetings § 6. The president of the board of trustees shall have
power to call special meetings of the board whenever in his
judgment the public- good may require it. He shall have
concurrent jurisdiction with justices of the peace in all
civil and criminal cases arising under the provisions of this
act, within the limits of the corporation, and shall receive
the same fees and compensation for his services.
T-^^p,^ § 7. The board of trustees shall have power to levy
and collect taxes upon all real estate within the town, not
exceeding one per cent, upon tlie assessed value thereof.
Powers uf tnis- except as may be herein excepted; to make regulations to
secure the general health of the inhabitants ; to prevent
and remove nuisances ; to restrain cattle, horses, sheep,
swine and dogs from running at large ; to establish night )
watches, erect lamps in the streets, and lighting of the
same ; to erect and keep in repair bridges ; to license and
tax merchants ; to regulate auctions, taverns, groceries
and pedlers, theatrical and other shows, billiard tables and
other amusements ; to restrain and prohibit gaming houses,
bav/dy houses, and other disorderly houses ; to prevent
the shooting of fire-arms within the limits of the corpora-
tion ; to establish and erect markets ; to open and keep in
repair streets and avenues, lanes, alleys, drains, sewers,
and keep the same free from incumbrances ; to establish
and regulate a fire department ; to provide for the preven-
tion and extinguishment of fires ; to dig wells and erect
pumps in the streets for the convenience of the inhabitants,
or construct aqueducts to supply the town with water; to
regulate the storage of gunpowder and other combustible
materials ; to regulate tlie police of the town and the elec-
tion of town officers, to fix their compensation ; to estab-
lish and enforce quarantine laws, and from time to time to
pass such ordinances to carry into effect tlie provisions of
this act, and the powers hereby granted, as the good of the
inhabitants may require, and impose and appropriate fines
and forfeitures for the breach of any ordinance, and to
provide for the collection thereof; and that in cases arising
353 1853.
under the provisions of this act, or growing out of the by-
laws and ordinances made in pursuance of this act of in-
corporation, the president of the board of trustees, or any
justice of the peace within said incorporation, shall have
jurisdiction to hear and determine the same, and an appeal
may be taken, and writs of certLrrari allowed from such
decisions in the same manner as now is or may hereafter
be provided by law for appealing from judgments of jus-
tices of the peace.
§ 8. The board of trustees shall have power to levy a Tax im- en.cii,
tax for the erection of school houses and the support of """""" ^""'
common schools within said corporation, and to raise
money by loan on the credit of the town, for commencing
and prosecuting works of public improvements : Provided., Proviso.
kowcaer, that the same shall be submitted to a vote of the
citizens of the town and approved by a majority thereof.
ij 9. That upon the application of the owners of two speoai tax.
thirds of the real estate upon any street, block, or half
block, it shall be lawful for the board of trustees to levy
and collect a special tax on the owners of the lots on said
street, block, or half block, according to their respective
fronts, for the purpose of grading and paving the side-
walks of said streets, blocks, or half blocks.
§ 10. That the board of trustees shall have power to nupiove ..trcet
regulate, grade, pave and improve the streets, avenues,
lanes and alleys within the limits of said town, and to ex-
tend, open and widen the same, and to set aside and ap-
propriate sufficient ground for a square for a market and
other public purposes, making the person or persons im-
paired thereby adequate compensation, to ascertain which
the board shall cause to be summoned twelve good and
lawful men, freeholders and inhabitants of said town, not
directly interested, who being first duly sworn for that
purpose, shall enquire into and take into consideration as
well the benefits as the injuries that may accrue, and esti-
mate and assess the damages which would be sustained by
opening, widening, or extension of any street, avenue,
lane or alley, or setting aside and appropriating ground
for a market square or other public purposes, and shall,
moreover, estimate the amount which other persons will
be benefitted thereby, who shall contribute towards com-
pensating the persons injured ; all of which shall be re-
turned to the board of trustees, under their hands and
seals, and the person or persons who shall be benefitted
and so assessed shall pay the same in such manner as shall
be provided, and the residue, if any, shall be paid out of
the town treasury.
§ 11. That tiie trustees shall have power to survey survey and pi«
and plat the grounds within the corporation limits and re- ^i-ouDds.
cord the same, which, when thus surveyed, platted and re-
[X]
18.^^.
354
Sale for taxes
Real estate
owiie*) by tijwii.
corded, shall be a governing plat for town rules : Provided,
however^ that this shall not be so construed as to give the
trustees power so to vary from the established plat as
thereby to effect the rights of private individuals.
§ 12. That whenever the owners of any lot or piece
of ground within the limits of said corporation sliall neg-
lect or refuse to pay the tax or taxes levied on the same,
when they may become due, it shall be tlie duty of the
trustees to advertise the same for non-payment, either in a
newspaper printed in said town, or by posting in tliree of
the most public places of said town, for the space of sixty
days, and on further failure of payment thereof, to sell at
public sale said lot or piece of ground to pay said taxes
and defray the expenses of collection.
§ 13. All ordinances shall, within ten days after their
passage, be published either in a newspaper, if one is pub-
lished in the town, or by posting in three of the most public-
places in said town. 1
6 14. That when any real estate in said town shall be
sold for the non-payment of taxes by the authority of said
corporation, said lands may be redeemed in the time that
other lands are redeemed by virtue of the laws of this
state, upon paying the treasurer of the board double the
amount of taxes for w^ ch the same was sold, together
with all the costs accruing on such sale. Land not redeemed
under such sale shall be conveyed by special warrantee i
deed, under the seal of said corporation. I
§ 15. The officers of said town, in addition to the pres- '
ident nnd trustees, shall consist of one clerk, one street
commissioner, one treasurer, three assessors, one town
constable and collector, one town surveyor, and sucli other
officers as the trustees of said town may deem necessary
for the good of said town.
§ 16. That the president and trustees of said town
shall, whenever they may deem it necessary, order the
formation of fire engine companies, and hook and ladder
companies ;. said companies to contain such number of
members as the trustees by their ordinances shall direct.
§ 17. That all lots of land or parcels of ground in said
town, or whicii have been conveyed by the original pro-
prietors thereof, or other persons, to tlie inhabitants of said
town, in their aggregate cajjacity, or to any person or per-
sons in trust for them, or for their use and benefit, and all
funds raised or to be raised by the sale of donation lots or
otlier\vise, whether for the erection of school houses,
academies or places of public worship, are hereby de-
clared to belong to and to be vested in said corporation,
and shall be under the direction and manngement of said
trustees and their successors, and applied in furtherance
of the objects intended by the proprietors or donors thereof;
1853.
355
and the said trustees shall have power to institute sni - ^ r "
the recovery of every or any such lots of ground, should
It be necessary, and to perfect in them and their successors
the title thereof, or to make such other adjustment relative
thereto as to them shall seem expedient and proper : Provi-
ded, that nothing contained in this act shall be so construed
• as to affect institutions already incorporated in said town.
§ 18. That it shall be the duty of the board of trus-6ive not,c<. or
tees, in such manner as they may hereafter provide, to o-ive *""" '"•'*'♦*"«■•
notice of all town meetings to be held, whether for^he
election of trustees or any other purpose arising under the
provisions of this act, by posting the same in three of the
most public places in said town, and stating therein the
object of such meeting : Provided, however, that not less Proviso.
than three days' notice of such meetings shall in any case
be given, except in cases of emergency.
§ 19. That the members of the board of trustees O"*^'-
and any officer of said corporation shall, before enter-
ing on the duties of his office, take an oath or affirmation
before some judge or justice of the peace to support the
constitution of the United States and of this state, faith-
fully to discharge the duties of their several offices.
§ 20. That the trustees shall have power to divide the wara^.
town into such wards as to them sliall seem expedient and
proper : Provided, that no stock belonging to citizens
without the boundaries of said town shall be hurt by the
authority of said corporation.
V § 21. This law shall be deemed a public act, and take
Vffect from and after its passage.
\Approved February 11, 1853.
In force Feb. 8s
1853.
aN act to incorporate the town of Aurora.
Section 1. Be it enacted by the people of the state of
Utmois, represented in the General Assembly, That the
inhabitants of the town of Aurora, in the county of Kane
and state oi Illinois, are hereby constituted a body politic
and corporate, by the name and style of "The President i^a.. ax,, st.ie.
and Irustees of the Town of Aurora," and by that name
and style shall have perpetual succession, and may have
and use a common seal, which they may change and alter
at pleasure, and in whom the government of the corpora-
tion shall be vested, and by whom its affairs shall be man-
aged.
§ 2. The inhabitants of said town, by the name and •^nera. powers.
syle aforesaid, may sue and be sued, implead and be im-
pleaded, deiend and be defended, in all courts of law
1853.
356
or equity, and in all actions whatever, and purchase, re-
ceive and hold property, real or personal, within or he-
yond tlie limits of said town, lor hurial grounds and for oth-
er public purposes, for the use of the inhabitants of said
town, and may sell, lease and dispose of property, real or
personal, for the benefit of said town, and improve and pro-
tect such property, and to do all things in relation thereto
as natural persons.
§ 3. That the boundaries of the corporation of said
town be as follows, to wit, beginning three-eighths of a
mile easterly from the town well, on the course of Main
street; thence northerly, at right angles with said Main
street, three-eighths of a mile; thence westerly, parallel
with said Main street, to the centre of Fox river; tlencc
southerly, along the centre of said river, to Stolp's island;
thence along the west shore of said island to the south-
ern extremity of the same ; thence east to the eastern shore
of said river; thence southerly along said shore to a point
five-eighths of a mile from the north side of said Main street;
thence east, parallel with said Main street, to intersect the
eastern boundary — said boundary to be extended souther-
ly from the point of beginning, at right angles with Main
street, sufficiently far to make an intersection with the
southt:rn boundary : Provided, nevertheless, the president
and trustees of said town may at any time, by ordinance,
prescribe other or different boundaries for said town, not
exceeding two miles square.
§ 4. The present president and trustees of said town,
as at present incorporated under the general act of incor-
poration, are hereby appointed trustees of the said town,
and shall hold their office until the first Monday of April
next, and until their successors are elected and qualified.
And on the first Monday of April next, or within ten days
thereafter, and on the first Monday of April of every year
thereafter, an election shall be held for five trustees of said
town, who shall hold their office for one year, and until
tlieir successors are elected and qualified; and ten days'
public notice of the time and place of holding any election
for trustees shall be given by the president and trus-
tees, or by their clerk, by advertisement in any weekly
paper published in said town, or by posting up notices in
three of the most public places in said town. No person
„f shall be elected a trustee of said town who shall not be
qualified to vote for state and county officers, and who
shall not have been, for one year previous to such election,
a resident and bona fide freeholder within the incorporated
limits of said town.
§ 5. That at any election for trustees every person
who shall be qualified to vote for state officers, and who
shall have a residence within the limits of said corpo-
357 1853.
ration for six months previous to such election, m;\y enjoy
the rii^hts of an elector.
^ 6. Tiiat the trustees shall elect one of their number p.-Ksidfiu.
president, and shall be judges of the elections, qualifica-
tions and returns of their own members, a majority of whom
shall constitute a quorum to do business, but a smaller
number may adjourn from day to day, and compel tlie at-
tendance of absent members, in such manner and unds^r such
penalties as they may prov^ide, and punish their members
for disorderly conduct, and jy vote of three-fifths of the
whole number elected, expe! a member, and make such
other rules and regulations for their government as to tiiem
may seem proper and expedient ; and shall have power to
fill any vacancies in the board of trustees occasioned by
death, resignation, removal or continued absence from town
for three months, or otherwise.
§ 7. Tiie president and trustees of said town shall have
power —
1. To cause all the streets and alleys and j)ublic roads streets and aiieyg
within the limits of said town to be kept'iu good repair,
and to tins end tiiey shall require every male resident of
said town, over the age of twenty-one years, to labor on the
same not exceeding three days in each and every ye r ; and
if such labor be insufficient for that purpose, to appropriate
so much from the general funds of the corporation as they
shall deem necessary therefor.
2. To open, alter, vacate, widen, extend, establish,
grade, pave or otherwise improve any streets, avenues,
lanc'^, alleys or public roads within the limits of said town.
3. To make, construct and keep in repair side-walks siiie-waius.
or pavements in front of any lot or lots adjacent to any
street or streets in said town, and to levy and collect a tax
from time to time upon the lot or lots in front of which such
side- walks or pavements are or shall be ordered and pro-
posed to be made, constructed or kept in repair : Provided,
such tax shall be on such lots proportionate to the length
of their respective fronts, and until the said president and
trustees shall provide by ordinance for the levying and
(Collecting of said tax. They shall enter upon the records of
the corporation, whenever they shall desire to collect such
tax, a resolution that such tax shall be levied and collect-
ed, and the number of the lot or lots upon wiiich the tax is
proposed to be levied, and the amount upon each lot, and a
certified copy of such resolution, shall be filed in the office
of the clerk of the coutity court. It shall then be Collected
in the manner provided in the ninth section of an act entitled
"An act to incorporate towns and cities," approved Febru-
ary 10, 1849, for the collection of other corporate taxes.
4. To levy and collect taxes upon all j)roperty, realspcoiaii'iaxea.
and personal, within the limits of said corporation, not ex-
1863.
368
Cattle, horses
Public pound.
Gambling.
ttunpowiler
Fir-.
ceeding one-half per cent, per annum upon the assessed
value thereof, and may enforce the payment thereof in any
manner to be prescribed by ordinance, not repugnant to the
constitution of the United States and of this state. But
until they provide by ordinance for enforcing the payment
thereof, they shall be collected in the manner provided by
the ninth section of the act aforesaid.
5. To restrain regulate or prohibit the running at large
of cattle, horses, sheep, swine, gcats and other animals, and
to authorize the distraining, impounding and sale of the
same, and to prohibit any indecent exhibition of horses or
other animals.
6. To prevent and regulate the running at large of
dogs, and authorize the destruction of the same when at
large contrary to any ordinance.
7. To regulate or prohibit bathing in Fox river, and
prohibit any indecent exposure of person.
8. To prevent horse racing or any immoderate riding or
driving within the limits of said town, oi horses or other
animals. To prohibit the abuse of animals ; to comjjel per-
sons to fasten their horses or other animals attaciied to ve-
hicles or otherwise while standing or remaining in any street,
alley or public road in said town.
9. To establish and maintain a public pound, and ap-
point a pound master and prescribe his duties.
10. To restrain and prohibit all descriptions of gam-
bling and fraudulent devices, and to suppress and prohibit
billiard tables, ball alleys and other gaming establisliments,
11. To suppress and prohibit disorderly houses or
groceries, and houses of ill fame.
12. To license, regulate, suppress and prohibit all ex-
hibitions of common showmen, shows of every kind, cara-
vans, circuses and exhibitions and amusements.
13. To prevent, suppress and prohibit any riot, affray,
disturbance or disorderly assemblages, assaults, assaults
and batteries, or shooting within the limits of said town.
14. To abate and remove nuisances and punish the
authors thereof, and to define and declare what shall be
deemed nuisances, and authorize and direct the summary
abatement thereof.
15. To make regulations to prevent the introduction
of contagious diseases into the town, and execute the same
for any distance not exceeding two miles from the limits
thereof.
16. To regulate the storage of gunpowder and other
combustible materials.
17. To provide for the prevention and cxlinguish-
ment of fires, and to organize and establish fire comj)anies.
' IP. To provide the town with water for the extin-
guishment of firesand for the convenience of the inhabitants.
369 1853.
19. To provide for inclosing, improving and regiila- Pubik groun.
ting all public grounds and other lands belonging to said
town.
20. To provide for erecting all needful buildings for
the use of said town.
21. To make all necessary regulations to secure the (;s-"iraii..M.!th
general health of the inhabitants tiiereof.
22. To suppress and prohibit the selling, bartering, ^.r-Lvii
exchanging and traffic of any wine, rum, gin, brandy, whis- ''"°'"'''
key or other intoxicating liquors within the limits of said
town: Provided^ that tliey may allow bona fide druggists
to sell the same, in good faith, for purely medicinal, mechan-
ical or sacramental purposes, and for no other purpose.
23. To appropriate and provide for the payment of Dfbtsor tow.i.
any debt or expenses of the town, and to fix the compen-
sation of town officers.
24. To make all ordinances v.^liich shall be necessa- oruinan, ?s.
ry and proper for carrying into execution the pov/ers spe-
cified in tliis act, or which they may deem necessary or
expedient for the better regulation of the internal police of
said town, and to execute the same, and to impose fines,
forfeitures and penalties for the breach of any ordinance
or any of the provisions of this act, and to provide for the
recovery and appropriation of such fines and forfeitures
and the enforcement of such penalties: Prurided, that inPioviao.
no case, except in assaults, assaults and batteries, riots or
aflfrays, shall any such fine or penalty exceed the sum of
twenty-five dollars for any one offence.
^ 8. That the president and trustees of said town shall ro.vaconsuibi'!
have power to appoint a town constable for said town,
whose duty it shall be, when so appointed and sworn into
office, to execute any where in Kane county any writ, pro-
cess and precept which may be issued against any person
or persons for the violation of any ordinance of said corpo-
ration, and to arrest on view any and all persons who may
violate the same, and to take them before any justice of the
peace of said town, and to collect any fine for forfeiture and
penalty which may be assessed or recovered for the use of
said town : Provided, that any otiier constable may execute provi?...
any process issued by any justice of the peace by virtue of
this act. Also, to appoint a clerk, treasurer, street com- Dnicns.
raissioner, board of health and all other officers that may
be necessary, and to prt-scribe their duties, and may re-
quire bonds from the several officers for the faithful dis-
charge of their duties.
§ 9. Tiie president and trustees shall require their clerk, Ret-jfj.
and it shall be his duty to m^ke and keep a full an i faithful re-
cord of ail their proceedings, by-laws and ordinances, and of
the lime, [)1 ace and manneroftlie pul)licationof such ordinan-
ces and by laws, in a book to be provided for that purpose.
1853. 360
And such book, purporting to be the record of tlie corpora-
tion of the town of Aurora, shall be received in all courts,
without further proof, as evidence ol all such matters there-
in contained. And all ordinances, before taking etTect,
shall be publisiied at least ten days in a newspaper pub-
lished in said town, or by posting up copies of the same in
three of the most public places of said town.
. i.enaU!.'s, § 10. Any fine, penalty or forfeiture incurred under tliis
act, or any by-law or ordinance made in pursuance of this
act, or of any act that may be passed amendatory to this act,
may be recovered, together with costs, before any justice
of tlie peace in the corporate name ; and several fines, for-
feitures or penalties for breaches of the same ordhiance or
by-laws, not exceeding one hundred dollars, may be recov-
ered in one suit, and tise first process shall be a summons,
unless oath or affirmation be made for a warrant by some
credible person. But in all cases of assault, assault and
battery, affray or riot, a warrant shall issue for the arrest of
the offender or offenders in the same manner as for like
offences against the laws of tiie state. It shall be lawful
to declare generally for debt for such fines, penalties or for-
feitures, stating the clause of this act or the ordinance or
by-law, under which the same are claimed, and to give the
si)ecial matter in evidence under the declaration, and the
justice shall praceed to hear and determine the case as in
other cases. Upon the rendition of judgn;eiit for any such
fines, penalties or fi)rfeitures, tlie justice shall issue his ex-
ecution for the same and costs of suit, which may be levied
upon any personal property of the defendant or defendants
not exempt from execution. If the constable shall return
upon such execution "no property found," then the justice
shall issue a capias against the body of the defendant or
defendants, and the constable shall arrest such person ov
persons, and commit him or them to the jail of the county,
to remain forty-eight hours; and if the judgment and costs
exceed five dollars, then to remain in close custody in said
jail twenty-four hours for every two dollars over and above
the said five dollars, and so in proportion to the amount of
''■■'■'• the judgment and costs : Provided,, however, if the said
president and trustees, or their attorney, shall require a
transcript of the judgment and costs, to be certified to the
clerk of the circuit court of the proper county, to have the
same levied upon real property, and signify the same in
writing to liiiii, he shall not issue a capias as aforesaid, but
shall, without delay, certify a transcript thereof and all the
])roceedings according to law, to such clerk, which shall be
filed and recorded as in other cases ; and such judgment
shall have the same force and effect as judgments render-
i*"- ed in the circuit court : 'Prcvidcd, an appeal may be granted
within five days after the rendition of judgment, with the
361 1863.
same force and effect, rigiits and privileges to all parties
as ill other cases.
§ 11. The justices of the peace and constables who Fees of josti»«
may render service under tliis act shall be entitled to the "^' '•'^'^ »'"'^*'-
same fees, and collect them in the same manner as is or
hereafter may be provided by law in other cases.
§ 12. The president and trustees shall not be required, suits.
in suits instituted under this act, or ordinances passed by
virtue thereof, to file, before the commencement of any
such suit, any security for costs.
§ 13. All fines, forfeitures and penalties received orpines, &c.
collected for the breach of any ordinance or this act shall
be paid into the treasury of said corporation by the officer
or person receiving or collecting the same.
§ 14. The inhabitants of said town are hereby exempted Road labor.
from working upon any road beyond the limits of the cor-
poi-ation, and from paying any tax upon property within its
limits to procure laborers to work upon any such road.
§ 15. Nothing in this act contained shall require the Bridge acrote
inhabitants of said town, in their corporate capacity, to Fo^i'^er-
build or keep in repair any bridge across Fox river.
§ 16. All ordinances, by-laws and resolutions passed ominancesofti!^
by the president and trustees of tiie town of Aurora, as in-
corporated under the general law, and which are now in
force and not inconsistent herewith, shall remain in force un-
til the same shall be repealed by the president and trustees
of tlie cor{)oration created by this act.
§ 17. All actions, rights, fines, penalties and forfeitures, Actions m soit.
in suit or otherwise, which have accrued to, or have been
commenced by the president and trustees of said town in-
corporated under the general law, shall be vested in and
prosecuted by the corporation hereby created.
§ 18. All property, real and personal, or any estate orp^Qp^j.^^
interest tlierein held by or belonging to the president and
trustees of said town of Aurora, as incorporated under the
general law, for the use of the inhabitants thereof, shall be
and the same are hereby declared to be vested in the cor-
poration hereby created.
§ 19. This charter shall not invalidate any act done by carter not in-
the president and trustees of the town of Aurora, as at validated.
present incor})orated, and all taxes assessed in favor of
said corporaiion, and which have not yet been paid into
the treasury thereof, shall, when collected, be paid into
the treasury of the corporation hereby created.
§ 20. This act is hereby declared to be a public act,
and may be read in evidence in all courts of law or equity
within this state, without proof.
Approved February 8, 1853.
1853,
362
ice Feb. 12, AN ACT to incorporate the City Mutual Insurance Companv. of Alton,
1853. "11111,015.
leiieruii p(/\v
Section 1. Be it enacted by the General ^saemhly
of the state of J//inois, Tliat J. G. Lamb. J. L. Blair,
'''"''• S. Wise, Samupl Wade, J. J. Mitchell, L. B. Parsons,
S. A. Buckmaster, Richard Flaj;rg, Isaac Scarritt, of
Alton, 111., and their associates, successors and assigns,
be and they are hereby incorporated into a bodj- corpo-
and stj'ie. rate and politic, by the name and style of " The City
Mutual Insurance Company," of Alton, 111 ," to have con-
tinuance for and during the term of forty years from and
after the passage of this act ; and by said corporate name
and style shall be, for the term aforesaid, able and capable,
in law and equity, to sue and be sued, plead and be im-
pleaded, answer and be answered unto, defend and be de-
fended, in all manner of suits, actions, pleas, plaints,
causes, matters and demands, of whatever kind and nature
they be, in as full and effectual a manner as any per-
son or persons, bodies corporate and politic, may or can
do ; and may have a common seal, wliicii they may alter
or break at pleasure ; and may purchase, hold and convey
any estate, real or personal, for the use of said company:
Provided, that said corporation shall not, at any one time,
hold real estate exceeding in value five thousand dollars, ex-
cepting such as may be taken for debt or held as coUat-
teral security for money due to said company.
§ 2. The capital stock of said company, exclusive of
premium notes and other undivided profits arising from bu-
siness, shall be fifty thousand dollai-s, and shall be divided
into shares of one hundred dollars each, one dollar in each
share of which shall be paid in money at the time of sub-
scription for said stock, as hereinafter provided ; and the
said capital stock may be increased to two hundred thou-
sand dollars, should a majority of the stockholders deem it
advisable, and the additional stock may be subscribed,
paid in and secured, as provided in this act, for the original
subscription, payment and security of the first named orig-
inal stock — the directors, however, in that case, acting as
or in place of other comaiissiouers : Provided, that the di-
rectors shall then at once order a new election of direc-
tors, by all the then stockholders. The stock shall be
deemed personal property, and assignable and tiansferable
on the books of the corpoi-ation ; but no stockholder in-
debted to the corporation shall be permitted to make a
transfer until such debt be paid or secured to the satisfac-
tion of the directors.
§ 3. The persons named in the first section of this act
are hereby apj)ointed commissioners for procuring sub-
scriptions to said capit'-^l stock of fifty thousand dollars,
363 1853.
and said commissioners, or a majority of them, sliall o])en
subscription books lor sucii stock, on such days and atsucli
places as tiiey may deem expedient, and siiall give public
notice of such times and places for at least thirty days, in
one or more public newspapers of the city of Alton ;
and the said books shall be kept open until the whole nf the
said lifiy tiiousand dollars in stock shall have been taken,
and the sum of one dollar per share on each share of stock
subscribed for shall have been paid to said commissioners.
§ 4. VV lien the full amount of fifty tiiousand dollars Notify Btockhoid-
capital stock, as provided in section second, shall have
been subscribed, and the amount required to be paid on each
share shall have been received by the said commissioners,
it shall be their duty to notify the stockholders of the com-
pletion of said subscription, and appoint a time and place
(sucli notice and appointment to be published at least ten
days prior to said meeting in a public newspa] er of the
city of Alton,) at which they will meet the stockholders
and receive their votes for seven directors, who shall
manage the business of the company, and hold their office
for one year, or until their successors are elected, and who
shall, at the time of their election, be citizens of this state,
and holders, respectively, of not less than five shares of
the capital stock of said company. The voting at all
elections of the company shall be by ballot, and each
share sliall represent one vote : Provided^ that absent
stockholdeis may vote by proxy, in writing.
§ 5. VVlien the stockholders shall have elected the Commissioner.-i
board of directors as provided in section four, the com- &c.
missioners aforesaid shall deliver to the said directors the
subscription books, moneys collected on account of sub-
scription, and all other papers and things in their hands
necessary to a full organization of said company and said
board of directors, and the said directors shall proceed to
organize by the election of a president from among their
number, a secretary and any other officers or agents they
may deemnecessary forthe objects andinterests of the com-
pany, who shall hold their office for one y ear or until their
succe^^sors are elected. The board shall then proceed to
adopt by-laws for their government in the conduct of By-'*'?-
the business of the company, which may be altered or
amended by a majority of all the members of the board
at pleasure; they may also fix the salaries, duties, fines
and forfeitures of any and all officers or agents of the
company.
§ 6. When the board of directors shall be fully organ- Cau for capita*
ized as provided in section five, they shall call in, b) a pub-
lic notice of at least twenty days, such an amount of the
capital stock as they may deem expedient, not exceeding
five dollars on each share in cash, which, together with
stock.
1853. 364
the amount paid to the commissioners, shall constitute the
first instalment on the capital stock provided in section
two, and shall require the residue of said stock to be
secured by good and legal stock notes, secured to the sat-
isfaction of the directors, and payable on demand as here-
inafter provided, and shall issue therefor certificates of
stock, setting forth the amount paid in cash, and the nmount
and conditions of the stock notes for the residue : Pi uvidedy
that if at any time the directcrs may consider any one or
more stock notes insecure, they shall have power to re-
quire additional and sufficient security on the same, after
due notice, under such just penalties and forfeitures as they
may by by-law provide.
" marine in- § 7. The Said compauy shall have power to make ma-
mce. Yine insurance upon vessels, hulls of steamboats, flat and
keel boats, freight lists, goods, Vv^ares and merchandise,
specie, bullion, commissions, profits, bank notes and bills of
exchange, and other evidences of debt, bottomry and
respondentia interest, and to make all and every insurance
connected with marine or itiland transportation, or navi-
gation risks, and to do and perform all necessary acts and
things connected with these objects, or any of them, on
such terms and conditions as may be agreed upon by the
parties, and to fix the premium and terms of jiayment ; and
'""* all policies of insurance by them made shall be subscribed
by the president, or in case of his death, sickness, inability
or absence, by any two of the directors, and countersigned
and sealed by the secretary of said company ; and any
losses duly arising under any policy so subscribed and
sealed, may be adjusted by the president and directors,
and the same shall be binding on said company.
f.,. § 8. If at any time the losses of the company shall
exceed the net earnings for premiums, &c., the directors
shall make a pro rata assessment on the stock notes held
by them as provided in section six, and require tlie pay-
ment of said assessment by each and every stockholder at
the office of the company, within thirty days after notice
of such assessment shall have been given in the public
newspapers of the city of Alton, under such penalties and
forfeitures as the board of directors may determine ; for
the amount of which assessment, when paid in cash as re-
quired herein, they shall issue certificates payable pro
rata out of the sinking fund that may arise under the pro-
vision therefor in section nine.
„^a,,. § 9- Whenever, at the close of a fiscal year of the com-
pany's business, the profits and earnings of the company
shall exceed the losses and expenses of the same, exclu-
sive of any and all premiums for j)olicies or risks, not then
expired and determined, it shall be the duty of the direc-
tors to declare a dividend to stockholders from such pro-
3b5 1868.
fits, not exceeding ten per centum on tlie capital stock of
said conij)any, wliich dividend shall be credited on the
stock notes as authorized in section six, as payments
thereon, and in case an additional amount of profits shall
remain afler the dividend hereby provided to stockholders,
it shall be lawful for the directors to constitute the same
a sinking fund for the payment of the outstanding certifi-
cates to stockholders for assessments that may be created
under section eight, for the payment of future losses, or
divide the same among the customers of the company, in
proportion to the amount that each has paid on risks then
expired during the said fiscal year, or they may appropriate
a part of said ]ast mentioned surplus to each of these
objects.
§ 10. When the stock notes held by the directors ofstook note?.
said company shall have been fully cancelled by dividends
indorsed thereon, as provided in section nine, or by the
payment of cash in full, it shall be the duty of the direc-
tors to pay in cash to the stockholders all dividends de-
clared thereafter on the stock of the company, and all
excess of profits over and above -the stock dividends
herein provided, and the expenses of the company, shall
thereafter be divided annually among the customers of the
office, as provided in section nine: Provided., that it shall
be lawful for the directors to constitute a sinking fund
therefrom, in their discretion, as provided in section nine.
§ 11. The directors may cause the company to be re- K«insuraiice.
insured against any risk or risks which they may have
made or shall assume to make in the progress of their
business.
§ 12. It shall be lawful for the directors of said com- Loan gnrpiii*.
pany to loan, on good and sufficient security, for a period
not exceeding three months, any surplus of profits or cap-
ital stock paid in, remaining on hand and not needed for
tlie time being for the payment of losses or current ex-
penses of the office.
§ 13. Said company shall not, directly or indirectly, compa"^ "<>'■ *«
deal or trade in buying or selling any goods, Avares or
merchandise whatever, except when it may be necessary
in order to secure any money or moneys that may be due
to said company.
§ 14. Nothing in this act contained shall be so con-
strued as to authorize banking privileges.
§ 15, This act is hereby declared a public act, and
shall take effect from and after its passage, and shall be
liberally construed for every purpose herein contained.
Approved February 12, 1853.
1853. 366
In force Feb. 12, AN" ACT to establish the Woodstock Insurance Compan)'.
1863.
Section 1. Be it enacted hy the people of the state of
IHuiuis. represented in the General Jissemhly^ Tlint there
sliall be and hereby is established in the town of Wood-
stock an insurance company, to be known by the name
Nameand style, and Style of ''Tlie Woodstock Insurance Company," with
Capital stock. 3 capii al stock ol' fifty tliousand dollars, divided into shares
of fifty dollars each, which may be increased, at the will of
the directors, to any amount not exceedinnr five hundred
thousand dollars, to be subscribed and paid for in the man-
ner hereinafter specified.
§ 2. That Neill Donnelly, Lawrence S. Church, A. H.
orporaors. ]\ixon, Euos VV. Smith, ChaHes M. Willard, or any three
of them, be and are hereby authorized to open books of sub-
scription in said town for the capital stock of said company,
at such times and places as they shall think proper, after
giving twenty days' notice of the same in any public news-
paper in this state ; said books to be kept open for the
space of five days, and until at least one hundred shares
shall be subscribed, when the same may be closed, and
said subscribers may, after sixty days' notice being given
by said commissioners in manner aforesaid, meet, and un-
der the inspection of said commissioners, ciioose their di-
rectors, who may, at any time after ten days' public [notice]
given, cause the subscription books to be reopened, and
continue open until the whole amount of said stocks shall
have been taken.
Body corporate § ^' "^^^ subscribers of Said stock, their associates,
and politic. successors and assigns, shall be and they are hereby de-
clared a body ])olitic and corporate, by the name and style
of "The Woodstock Insurance Company," and shall be
capable in law of contracting and being contracted with,
suing and being sued, pleading and being impleaded, an-
swering and being answered unto, defend and being de-
fended against, in all courts and places whatsover, in all
manner of actions, suits, complaints and causes.
(Senerai powers. § 4. The Said Corporation may liavc and use a commou
seal, which they may change, alter or break at pleasure,
and may also make, establish and put in execution such
by-laws, ordinances and regulations as shall, in their opin-
ion, be necessary for the good government and manage-
ment of the affairs of said corporation, and which are not
repugnant to the laws and constitution of the United States
or of this state.
ipaj went of stock § ^- '^'^^ payment of the stock subscribed for shall be
made by the subscribers respectively, at the time and in the
manner following, that is to say — at the time of subscribing
there shall be jiaid on each share one dollar, and the bal-
ance due on each share shall be subject to the call of the di-
367 1853.
rectors, under such penalties as the board of directors may
appoint and order, and shall be secured to be paid on de-
mand by approved notes, hy[)othecated stocks, mortgages
on real estate, or other satisfactory security.
§ 6. The stock and aifairs of said company or corpo- Managemwi or
ration aforesaid shall be managed and conducted by five ''"'*''"''
directors, who shall be stockholders of said corporation.
They shall, after the first year, be elected on the first Tues-
day in June, in each year, at sucli time and place in the
town of Woodstock as the board of directors lor the time
being shall appoint, and shall hold their offices for one year,
and until others shall be chosen to supply their places, and
no longer. Ten days' public notice of said election shall ki««"o"-
be previously given, and the election shall be held under
the inspection of three stockholders, to be previously ap-
pointed by the board of directors for that purpose, and
shall be made by ballot, by plurality of the stock represen-
ted, allowing one vote for every share, and stockholders
not personally present may vote by proxy, mailed in wri-
ting, directed to the person representing them at such
election. In case that it shall happen at any time that in case <.f ii.>
an election of directors shall not be made on any day when '''^'="**-
pursuant to this act it ought to have been made, the said
corporation shall not for that cause be deemed to be dis-
solved, but it shall and may be lawful, on any other day,
to make and hold an election of directors in such man-
ner as shall be directed by the by-laws and regulations or
ordinances of said company.
§ 7. The directors of said com.pany shall, as soon as I'lebidrnt.
may be after their election in each year, proceed to choose
out of their body one person to be president, who shall pre-
side until the next annual election thereafter ; and in case
of the death or resignation of the president, or any direc-
tor, the vacancy may be filled by the board of directors ;
and in case of the absence of the president, the board of
directors shall have power to appoint a president pro tern.,
who shall have all the powers and perform all the duties of
the president regularly chosen.
^ 8. The directors may, by the ordinances or by-laws Quornm.
of said company, order what number of directors shall
constitute a board or quorum, and be competent for the
transaction of the business of the corporation; and they
shall have power, subject to said by-laws, to appoint from
their own body one or more persons to act and assist in
the perform.anc© of the business of the company, with such
salaries and allowances as they may think proper, and al-
so to appoint a secretary and such clerks and otiier servants ofBcers ai d soi.
as they may deem expedient. They shall have the pow- '*"'^-
er to declare and make dividends of the profits arising from
the business of said corporation, but all contracts, certifi-
1853. 368
cates and otherinstrumentsof writing of said company shall
be signed by the president and secretary thereof, or either
of them, as may be provided by the by-laws of said com-
pany.
^j^^i. § 9. The corporation hereby created shall have full
power and authority to take all marine risks, of any and
every kind, nature and description, and to make insur-
ance upon inland navigation and transportation, and against
losses by fire of buildings and all other property whatso-
ever, and to make all kwid of insurance upon lives, and all
such other insurances as they may deem proper ; and also
to receive money on deposit, and to loan the same and
their surplus or unemployed capital or money on personal,
real or other security, at such rates of interest, not ex-
ceeding ten per cent., as they may think proper; and to
lend money upon respundentia and bottomry, to companies,
corporations or individuals, upon such securities as they
Koiusure. shall think proper. They may also cause themselves to
be insured or re-insured against all or any risks upon
which they may have made insurance, and also upon all
property of every kind, or any interest therein owned by
said company, or held by them as security, and generally
to do or perform all necessary matters and things relating
to or connected with those objects, or either of them.
§ 10. The stock of said corporation shall be considered
persoimipropLT- personal property, and shall be assignable and transferable
"'■ according to such rules and restrictions as the board of
directors shall from time to time make and establish.
§ 11. The said corporation may purchase, hold, sell
and convey, at their pleasure, all such real estate as may
be deemed necessary for the transaction of its business,
not exceeding at any one time thirty thousand dollars, and
to take and hold any real estate, mortgaged or pledged as
security for the payment of any debt due or that may be-
come due to it, and also to purchase on sale, in virtue of
any judgment at law or any decree of a court of equity,
or otherwise ; to take and receive any real estate or otiier
property in payment, or towards satisfaction of any debt
previously due to said corporation, and to hold the same
until they can conveniently and advantageously sell or
convert the same into money or other property.
§ 12. That said corporation shall have full power and
authority to deposit any portion of their unemployed cap-
ital or other funds, at any time in their possession, with
any corporation, company or individual in any section of
the United States, and to use the same as they may think
proper, in order to facilitate exchanges, and to do and
perform all such acts and things as may be requisite in all
such transactions, and for the best interest of said cor-
poration.
aenl estate.
369 1853.
§ 13. The expenses incurred hy tlie commissioners inKspcnses. '
executing duties required by tiiis act shall be paid out of
money received by tliem of the subscribers to the capital
stock, and may be retained by them for such purposes,
and the balance so received shall be paid over to the direc-
tors after they shall have been chosen.
§ 14. All policies of insurance by them made shall bepoucics.
subscribed by the president, or in case of his death or
absence, by such other person as may be authorized, and
countersigned and sealed by the secretary of said com-
pany ; and ail losses arismg under any policy so subscribed
and sealed, may be adjusted and settled by the board of
directors, or such other person or persons as said board
may appoint for such purpose.
§ 15. In case of any loss or losses Avhereby the capital Losse..
stock of said company may be lessened before all the in-
stalments are paid in, each proprietor's or stockholder's
estate shall be Jield accountable for the instalments that
may remain unpaid on his share or shares at the time of
such loss or losses taking place, and no subsequent divi-
dend shall be made until the sum arising from the profits
of the business, or by advance of the stockliolders to make
g"od said capital stock, shall have been added thereto.
§ 16. ^ If agreaternumber of shares shall be subscribed stock.
for than is contemplated in the second section of this act,
the same shall be apportioned amongst the subscribers in
such equitable manner as t!ie said commissioners shall ap-
point : Provided, such subscriptions take place before the
election of directors, and if after their election then the
same shall be appointed by said directors.
§ 17. The business of the company shall be carried on
at such place in the town of Woodstock, or elsewhere by ^^"''
agency, as the directors shall direct; and at such agencies
as they may establish.
§ 18. This corporation may conduct its insurance bu- banner ot (
siness in part or entirely upon the principle of mutual in- '^"^^^'"'^ ''
surance, if preferred by its stockholders or directors: Fro-
vided, always, that alfrisks are assessed at their cost value
of hazards, and the premium shall be paid in cash, or its
equivalent, when the policy is issued.
§ 19. This act shall be and it is hereby declared to be,
a public act, and the same shall be construed liberally for
the beneficial purposes herein granted ; and the corpora-
tion hereby created shall take effect and be in force from
and after the passage thereof, and shall continue in force
for the term of fifty years, and no longer.
§ 20. This charter shall be void and of no effect unless
the company shall commence operations, agreeably to the
provisions thereof, within two years after the passage of
this act. ^
[Y]
Publi
Lifein.urancc. ^ 21. In effecting insuiance on lives agreeably with
the power conferred by this charter, it shall be the duty ol
the directors to have kept a separate account for this c ass
of business, distinct from the other insurances, which shall
not be effected by the loss or gains of their other insurance
business. And it shall and may be lawful for the said di-
rectors to allow all persons so insuring such part of the
net profits or earnings of this department of the company s
business as may be deemed for the mutual interest of the
assured and assurers. , . , . . , n r
5 22 That nothing contained in this act sliall be so
Mni^ing'^'prM- construcd as to authorize said company to perform any
'"'"' banking privileges, or to issue any certificates of deposit
to circulate as money or currency.
Approved February 12, 185^.
BoarJ
tors.
10 AN ACT to incorporate the Western Marine and Fire Insurance Company.
Section 1. Be it enacted hy the people oj the state of
Illinois, represented in the GeneralJissemhly, That Gur-
don S. Hubbard, George W. Dole, John H. Kinzie, John
M. Wilson and Mark Skinner, and all other persons who
shall hereafter become stockholders in the corporation
hereby created, shall be a body politic and corporate, by
the name of "The Western Marine and Fire Insurance
Company," and by such name shall have succession and
continue in existence for fifty years from the time when
this act shall take effect, and may sue and be sued, and
have all other rights and privileges ordinarily granted to
corporations.
5 2 The persons above named shall constitute the hrst
"'"board of directors, and shall hold their office until the first
INIonday in January, A. D. 1854, and until their successors
are elected ; and on the first Monday in January of each
year, during the continuance of said corporation, an elec-
tion of dire'ctors for said corporation shall be held in the
city of Chicago, at such hour and place as the board of
directors shall appoint. The stockholders in said corpo-
ration, in person or by proxy, shall be entitled to one vote
for each share of stock held by them respectively at the
time of such election, and the persons, to the number of
five, being stockholders and residents of this state, receiving
the highest number of votes at such election, shall be de-
clared elected directors of said corporation for one year,
and shall liold their office until tlie next annual election aim
until their successors are appointed. The number of di-
rectors may be increased to nine, at the discretion of the
board of directors, and shall all be elected in the same
manner, and for the same length of time.
§ 3. The directors, when chosen, shall meet as soon as Meetings.
may be after every election, and siiall choose out of their
number a president, who shall be sworn or affirmed faith-
fully to discharge the duties of his office, and shall preside
for one year and until another person shall be chosen in liis
stead, and also a vice president for the same time. The
directors shall also have power to appoint a secretary and
all subordinate officers of said corporation, to fix their com-
pensation, define their powers and prescribe their duties;
and all officers of said corporation who shall hold tlieir of-
fice by virtue of appointment made by the directors of said
corporation shall execute such bond and in such penal sum svejiond.
and with such sureties and securities as the directors shall
prescribe from time to time, and, excepting the president,
shall hold their offices during the pleasure of the board of
directors.
§ 4. Any four of the directors, including the president, Quorum.
or in case of his death or absence, including the vice pres-
ident, shall be a board competent to transact all business
of said corporation, and all questions shall be decided in
the meetings of said board by a majority of votes. The
board of directors may, upon the death or resignation of
the president, vice president or other director, fill such va-
cancy or vacancies from time to time as they occur,
and the persons so elected shall hold their offices until
the succeeding annual election and until their successors
are elected.
§ 5. The stock, property and business and interests of M-inafement
said corporation shall be managed and conducted by the
president and directors of said corporation.
§ 6. The capital stock of said corporation shall be two capital stock.
hundred and fifty thousand dollars, to be divided into shares
of one hundred dollars each, to be paid in such instalments
as the board of directors of said corporation may from time
to time, at their discretion, appoint and order. The said
capital stock may hereafter be increased to an amount not
exceeding five hundred thousand dollars, in the discretion
of the board of directors, and the stock of said corporation
shall be transferable on the books of said corporation, and
not otherwise.
§ 7. The directors of said corporation shall receive sui.sciiDtions.
subscriptions for the capital stock of said corporation at
such times and places as may be ordered by a majority of
said board of directors ; and whenever fifty thousand dol-
lars shall have been actually paid in upon the subscriptions
for the capital stock of said corporation, the board of di-
rectors may exercise all the powers, franchises and privi-
leges granted by this act, and shall be subject to all liabil-
ities and duties incident to their incorporation.
in^^iirance. § 8. The Corporation hereby created shall have power
and authority to make marine insurance upon vessels,
goods and merchandise, freights, money, bottomry, respun-
dentia^ interest, and on all marine risks and inland naviga-
tion and transportation, and against all losses by fire of any
buildings or liouses, goods, wares and merchandise what-
soever, and vessels on the stocks, and also to receive
moneys on deposit and to loan the same on bottomry and
respondentia, or otherwise, at such rates of interest as may
now be done by the existing laws of this state, and they
may also cause themselves to be reinsured against any mar-
itime or other risk upon which they have made insurance,
and upon the interest which they may have in any vessel,
goods or merchandise or houses, as their own property, or
in virtue of any such loan, whether on bottomry and respoii-
dentia, or otherwise, on such terms and conditions as may
be agreed upon by the parties, and to fix the premiums
and terms of payment.
rgjicie.s. § 9. All policies of insurance made by said corporation
shall be subscribed by the president, or in case of his death
or absence, by the vice president, and countersigned and
sealed by the secretary of said corporation ; and all losses
arising under any policies so subscribed and sealed may be
adjusted and settled by the president or secretary, under
such regulations and orders as the board of directors may
from time to time prescribe.
Not take risks § ^^- ^^^^ ^^'^ Corporation shall not take any risk, nor
'iiiuii $50,000 is subscribe any policy by virtue of this act, until fifty thou-
sand dollars of the capital stock thereof shall have been
actually paid in ; and in case of any loss or losses whereby
the capital stock of said corporation shall be lessened be-
fore all the instalments are paid in, each stockholder's es-
tate shall be held accountable for the instalments that may
remain unpaid on his share or shares at the time of such
loss or losses taking place ; and no subsequent dividend shall
be made until the sum arising from the profits of the busi-
ness of said corporation, equal to such diminution, shall
have been added to the capital stock ; and once in every
three years, and oftener if required by a majority of the
votes of the stockholders, the directors shall lay before the
stockholders, at a general meeting, an exact and particu-
lar statement of the profits, if any there be, after deducting
losses and dividends.
MevcimudiHe, &c §11- The Said corporation shall not, directly or indi-
rectly, deal or trade in buying or selling any goods, wares
or merchandise whatever; but the president and directors
may, at their option, vest the capital stock of said corpo-
ration in the capital stock of any incorporated bank, trust
i
373 1853.
company or public funds of the United States or any state
in the Union. Tliey shall have power, also, to loan to any
citizen of this state any portion of their capital stock, not
exceeding ten thousand dollars to one individual, on bot-
tomry, bond, mortgage of real estate, or other satisfactory
security, at their discretion, for such interest as is now al-
lowed by the laws of this state.
§ 12. The said corporation shall have power and au- Loa-i mouc:
thority to loan any money or funds which they may have in
their own right or as trustee for others as herein provided,
and to draw drafts for the same at pleasure, but shall not
have power to issue any certificate of deposit, bill or other
paper in the similitude of money, to be used as a circula-
ting medium or as currency.
§ 13. The said corporation may purchase and liold such ii^^i estate,
real estate as may be deemed necessary for the transaction
of its business, and to an amount at any one time not ex-
ceeding fitty thousand dollai's, and may take and hold any
real estate as security, mortgaged or pledged to said cor-
poration, to secure the payment of any debt due, or that
may become due to it; and also, may purchase on sales made
by virtue of any judgment at law, or any decree in equity
or otlierwise, and may take and receive any real estate in
payment or towards satisfaction of any debt previously
contracted or due to said corporation, and may hold the
same until they can conveniently and advantageously
sell and convert the same into money or other pe-^onal
property, and may sell and convey said real estate or any
part thereof.
Approved February 10, 1853.
AN ACT to incorporate the Boone County IMutual Insurance Company, in for.-p .la
1S53.
Section 1. Bt it enacted, hy the people of the state of
Illinois, represented in the General Jlsseinhty, That from
the time this act shall take effect, Joel Walker, N. C. Ams- cono arr>r-
den, Daniel Leonard, Alexander Neeiy, Henry L. Crosby,
William S. Dunton, James H. Carpenter, George Water-
man, B. F. Lawrence, James Bennet and M. G. Leonard,
and all other persons who may hereafter associate with
them, in the manner herein prescribed, shall be a body
politi*' and corporate, by the name ot "Tlie Boone County Name.
Mutual Insurance Company."
§ 2. The corporation hereby created may become a Genera! re
party to suits at law, may make by-laws not inconsistent
with any existing law, for the regulation of its affairs,
1853. 374
have and use a common seal, and alter the same at
pleasure ; and in addition to the general powers, shall have
power hy instrument, under seal, or otherwise : 1st. To
make insurances on all descriptions of property against
loss or damage hy fire ; 2d. To make insurance on all
descriptions ot boats and vessels, the cargoes and freights
thereof, and on bottomry and respondentia interests,
against tiie perils of marine or inland navigation; 3d. To
cause themselves to be reinsured against any risk on
which they have made insurance.
lagcmeni. or § 3. All die incorporate powers of the said company
'"^■"" shall be exercised by a board of directors, consi&'.ing of
eleven jjersins, all of whom shall be citizens of this state, and
such officers, clerks and agents as the said board may ap-
point; the directors shall hold their office two years, and
until others are elected ; they shall elect from their own
body a president, vice president and secretary, who shall,
each respectively, hold office during the aforesaid term of
two years, and until others are elected, but nothing herein
shall be so construed as to prevent a director, or other
officer, whose term has expired, or is about to expire, from
being again eligible. Seven members of tlie board shall
constitute a quorum for the transaction of business. The
persons named in the first section of this act shall consti-
tute the first board of directors, and their term of office
shall commence at the time of the organization of the
company.
iKcip?. § 4. The board of directors shall have power to fill
any vacancy that may occur in their own body, a plurality
of votes constituting a choice; they shall also choose in the
same manner, previous to tlie biennial election of directors,
three inspectors of election, whose duty it shall be to
canvass the votes cast thereat and declare the result; the
said inspectors shall also be judges of the qualification of
voter.?. Notice of such elections shall be given by publica-
tion in one or more weekly newspapers published in said
county of Boone, at least three weeks previous thereto,
over the signature of an officer of ti)e company.
oiis lakinK § 5. Every person or firm taking a policy of insurance
"^' "• from the said company, shall thereupon become a member
thereof, and shall, at all elections of directors, thereafter,
be entitled to vote upon his or their dividend certificates
issued as hereinafter provided, in the ratio of one vote for
every five dollars of such certificates : Provided^ that if
any such election shall be held previous to the first divi-
dend of profits, eacli member of said company shall be en-
titled to vote thereat in the ratio of one vote for every ten
dollars of premium previously by him or them paid or
agreed to be paid to the said company : »iind provided,
that in no case shall any person or firm be entitled to more
376 1853.
than fifty votes, except as provided in section eight of
this act.
§ 6. It shall be the duty of the corporators named in Duty of conor
the first section of this act, or any number of them not less '"°'"^"
than five, within two years after this act takes effect, to
open books to receive applications for insurance to be
effected by said company, and after the receipt of such
applications to the amount of one thousand dollars, the
books may be closed and the company organized.
§ 7. All premiums upon policies having one year or i'^tiiiiu!:;=.
less *.o run, shall be payable in cash, in advance, and for
premiums on policies for a term of years the company
may receive notes payable in equal annual instalments,
except the premium for the first year, which shall be paid
in cash when the policy is issued; and no premium so paid
or agreed to be paid shall be thereafter withdrawn during
the life of tiie policy, but shall remain liable for all losses
and expenses incurred by the company.
§ 8. For the better security of policy holders, the said Guaranty.
company may receive guaranty notes, to be approved by
the board of directors, to the amount of fifty thousand dol-
lars, the signers whereof shall be paid, in consideration of
such guaranty, a compensation, to be determined by the
board of directors, but not to exceed seven per cent, per
annum. Such notes shall be entitled to representation at
elections of directors in the same ratio as dividend certifi-
cates, and shall be liable for losses wlienever the premi-
ums theretofore received are insuificient to pay the same :
Provided^ that assessments so made on such notes shall be
reimbursed from the funds of the company before any
dividend of profits shall thereafter be made. The said
guaranty notes may be withdrawn at the option either of
the signer or of a majority of the directors, by giving one
month's notice, but such withdrawal shall not operate to re-
lease any liabilities already attaching on any notes so with-
drawn.
§ 9. It shall be lawful for the said company to issue stock poucies,
stock policies, so called, to persons not desirous of partici-
pating in the profits or losses of the company, and all gains
or losses on such policies shall be passed to the account
of profit and loss on the books of the company.
§ 10. It shall be lawful for the said company to invest Disposition m
their funds in bonds and mortgages on unincumbered real ^"°''**
estate worth fifty per cent, more than the sum loaned
thereon, in any stocks created by or under the laws of this
state, or of the United States, and on bottomry and
respondentia^ or otherwise, at the discretion of the board
of directors, and to change and re-invest the same.
§ 11. By the first day of February, one thousand eight statements,
hundred and fifty-five, ;nd annually thereafter, the officers
1853. 376
of the company shall cause a true statement of its affairs
to be made, they sliall estimate the profits, if any, that have
accrued on policies issued prior to the first day of Jan-
uary last preceding, and issue certificates thereof to the
holders of such policies, in proportion to the amount of
premium thereon paid in cash. Such certificates shall bear
an annual interest of six per cent., and shall be redeemable
whenever the accumulated profits exceed fifty thousand
dollars, so far and as fast as the same can be redeemed by
such excess; certificates for the first year's profits taking
priorty, and so on thereafter in regular succession. Never-
theless, each such certificate shall contain a proviso, tiiat
the sum theiein named is liable for future losses at any
time previous to its redemption, as provided in the seventh
section of this act.
icatu.n of § 12. The annual statement as aforesaid shall be full
Lament. g^^^J Complete, and shall be published in one or more news-
papers in said county, weekly for four weeks, immediately
after the same shall liave been made.
;. § 13. Suits at law may be prosecuted and maintained
by any member against said corporation for the losses and
damages insured against by them, if payment is withheld
more than sixty days after the same shall have been duly
proven up, and any member of the compr^ny, not being in
his individual capacity a party therein, shall be deemed a
competent witness in any suit against the company. ^^11
process against said company may be served upon the
president or secretarv.
^- § 14. The office of said company shall be located and
kept in the village of Btlvidere, in said county of Boone.
Nothing contained in this act shall be so construed as to
confer any banking privileges whatever, nor shall any cer-
tificate or e\'idence of stock or debt be allowed to circu-
late as money, under penalty of forfeiture of the charter.
§ 15. This act shall take effect immediately after its
passage and approval, and continue in force fifty years,
but may at any time be altered, amended or repealed by
the legislature of the state of Illinois.
Approved January 27, 1853.
In force Feb. 12, AN ACT to incorporate the Stephenson County Mutual Fire Insurance
^^^"' Company.
Section 1. Be it enacted hi/ the jieople of the state of
Illinois, rejirescnted in the General ^isscmbl//. That Wil-
corpoiaioiK. Ham D. Fisher, John K. Brewster, Silas D. Clark, Charles
Powell, Josepii A. W. Donohoo, John Black, Samuel D.
377 1853.
Kniglit, Ebenezer H. Hyde, George Purington, Loyal L.
Munn, and all other persons who may become members of
the said company in the manner herein prescribed, be and
t\\ey are hereby incorporated and"constituted a body pol-
itic and corporate, by the name and style of " The Ste- stvir.
phenson County Mutual Fire Insurance Company," and
for the term of twenty years from the passage of this act,
for the purpose of insuring their dwelling houses, stores, p„vpo<es
siiops and other buildings, household furniture and mer-
chandise, and other personal property, against loss or dam-
age by fire, whether the same shall happen by accident,
lightning or any other means, excepting that of design in
the assured, or by the invasion of an enemy or insurrection
of the citizens of this or any of the United States ; and by
that name may sue and be sued, plead and be impleaded', p^^^^^-
appear, prosecute and defend, in any court of record or oth-
er place whatever; may have and use a common seal; may
purchase and hold such real and personal estate as may be
necessary to effect the object of their association, and the
same may sell and convey at pleasure : Provided, such
real estate shall not exceed one hundred and sixty acres ;
may make, establish and put into execution such by-laws,
ordniances and resolutions, not being contrary to the laws
of this state or of the United States, as may seem necessa-
ry or convenient for their regulation and 'government and
for the management of their affairs, and do and execute all
suc.i acts and things as may be necessary to carry into full
effect tlie purposes intended by the charter.
§ 2. That all and every person or persons who shall, at Member.
any time, become interested in said company, by insuring
lierein, and also their respective heirs, executors, admin-
^rators and assigns, continuing to be insured therein, as
J^einafter provided, shall be deemed and taken to be
"Rubers thereof for and during the term specified in their
ye=>ective policies, and no longer, and shall, at all times,
oe \ncluded and bound by the provisions of this act.
r^nrt' 7^^^^'^ ^'^^^^ ^^ ^ meeting of said company at Free- Meet-„«
P"^^Jn the county of Stephenson, state of Illinois, on the
rV^' ^naay of , annually, or on such other day as
nnnai^°'^P^''^' ""^^^ hereafter determine; at which first
St ei°^^"^^ ^^^^^^ ^^ chosen, bj a majority of the votes
T Um^ ^^' ^^^^ members present or by proxy, a board of Directors.
mei"r°"^'^^'"S °^ "°^ ^"°^'*^ t^'^" fifteen nor less tiian
1^^" phm^' ^''''" ^''^^^ continue in office until others have
a cie^ ^""^ accepted the trust in their stead. In all
y!^'^.. s{?pening in said board, whether by removing vacancies.
1° . .1 ' dying or refusing or neglecting to act for and
v^rv^npf^ °^ ^''^^'® months successively, then, and
"lace of eachf ' ^"^^her director shall be chosen in the
P Vctor so removing, dying, refusing orneg-
\
1853. 378
lecting to act as aforesaid, by a majority of the directors
present at any monthly meeting ; which directors so chosen
shall remain in office until the next general election of di-
rectors, and a majority of the whole board shall constitute
Classification, a quorum for the transaction of business. At their first
regular meeting the board of directors shall class them-
selves by lot into three classes of an equal number each,
the term of whose service shall respectively expire as fol-
lows : the first class in one year, tlie second class in two
.Special meetinge years, and the third class in three years. Special meetings
of the company m?y be called by order of the directors, or
whenever the owners of one-tenth part of the property In-
sured in said company shall apply to the directors, setting
forth in writing the purpose for which a meeting is desired.
powei of dircc- § 4. The board of directors shall elect a president,
vice president, secretary and treasurer, who shall hold
their respective offices for the period of one year, and un-
til others are chosen in their place. The board of direc-
tors may also appoint an executive committee from their
own members, and such committee, when tlie board is not
in session, may exercise all the powers vested in the com-
pany, except where the company has, by its by-laws, other-
officcvis. wise provided. The board of directors may also appoint
examiners, agents and such subordinate officers as they
shall deem necessary, who shall hold their offices during the
"'erintend" *"' pl^asure of the board. The board of directors shall su-
perintend the concerns of said company, and shall have the
management of the funds and property thereof, and of all^
matters and things thereunto relating, not otherwise pro- .
vided for by said company.
onicers and ^ 5. It shall be the duty of the directors of said co'"
''^^" *" pany to prescribe the duties of their respective officers 'd
agents, and fix their compensation, and take such seci'v
from them as they may deem necessary for the faithfu^*^^-
'raiice."^ '"""' formancc of their respective duties; they shall also -^^r-
mine the rates of insurance, the sum to be insured ^ ^"J
building not exceeding two-thirds of its value, n- two-
thirds the value of personal property, and the s-^ ^^ "^
pouoics. deposited for the insurance thereof. They shall /er and
direct the making and issuing of all policies of '"^*a»ce,
the providing of books, stationery and other th>^ '^^^^^ul
for the office of said company, and for carrYir*^" ''^ ^'"
fairs thereof, and may draw upon the treasurf!^^'"'*^ P^J"
Logees. ment of all losses which may have happ' ' ' .^"^ ^o^
expenses incurred in transacting the concer"**^^^^" com-
pnny, and may hold their meetings monthl '" . '?^^"®^' ^f
necessary, for transacting the business of,.^^ compa-
ny, and shall keep a record of their pro^J^'^^s, and any
director disagreeing with a majority of ^^^"j at any
379 1853.
meeting, may enter his dissent, with his reasons tlierefor,
on record.
§ G. It shall be the duty of the directors of said com- Procire a fire
panv, whenever the premium notes siiall amount to the sum '^''''°' ^""'''"s-
of one hundred thousand dollars, or before, if it should be
thought expedient, to build or cause to be built, or procure
for tiie use of said company, a lire proof building, suitable
for the transaction of business, and for the preservation of
the funds and other property belonging to said company
from destruction, by reason or means of fire ; and for the
purj'ose of provid'ngsaid building, ii.'». directors may assess ■'^^s'^^^l pitmiuiu
an} sum not exceeduig five per cent, of the amount of pre-
mium notes aforesaid in any one year; and it shall be the
duty of the directors to keep said building in proper re-
pair, and to renew the same in whole or in part, as they
may think necessary and expedient.
§ 7. The directors may extend the insurance of saidPo^e'tocxten"'-
company to any part of this state or any other state or states
which they may deem expedient with the exceptions and
provisions .hereinafter enacted, not exceeding the sum of
thousand dollars in any one risk, at such rate or
rates as said directors may, in view of the equitj ot the
case and the interest of the company, determine. Insu-
rance shall be made in all cases upon the representation of
the assured contained in his application therefor, and sign-
ed b} him or his attorney, which representation shall in
fairness and good faith state all the material circumstances
willim liis knowledge which may affect the risk : Provided^
thai in case of anj loss or damage by fire, the valuation of
the property at the time of such loss or damage shall be
determined by the award of impartial men, as hereinafter
provided.
§ 8. Books of accounts, written securities or evidence ^natnottieemed
of debt, title deeds, manuscripts or writings of any descrip- ^.'aice?"* '°*°"
tion, money or bullion, shall not be deemed nor taken to be
objects of insurance in said company. Curiosities, jewels,
medals, musical instruments, plate, paintings, sculpture,
statuary, watcties, gold or silver ware of any kind, shall not
be deemed to be included in any policy of insurance un-
less those articles, or any of them, form part of the usual
and regular stock in trade of the assured, or are particu-
larly specified in the policy.
§ 9. The rates of insurance shall be from time to time premium noUs.
fixed and regulated by the company, and premium notes
therefor shall be received from the insured, which shall be
paid at such time or times and in such sum or sums as the
company shall from time to time require for losses and ex-
penses. Any person applying for insurance so electing
may pay a cash premium in addition to the premium note.
1853.
380
L<)6s or damage.
or a definite sum in money, to be fixed by said compan3',in
full for said insurance, in lieu of a premiujn note.
§ lO. The said company may divide applications for
insurance into two or more classes, according to the derrree
of hazard, and the premium note shall not in such case
be assessed for the payment of any loss except in the class
to which they belong.
§ 11. The cash premiums received by the said com-
pany for risks in lieu of premium notes, and the cash pre-
miums received in addition to the premium notes, shall be
applied in payment of losses and expenses before any as-
sessment shall be made upon the said premium notes ; and
the said cash premiums, together with the premiums notes,
shall constitute the capital stock of this company.
§ 12. When any property insured by this company s]>all
be alienated by sale or otherwise, the policy shall there-
upon be void. But in such cases it shall be lawful for such
insured to assign and deliver to the purchaser or purchasers
such policy of insurance, and such assignee or assignees
shall have all the benefit of such policy, and may bring and
maintain a suit thereon in his or her or their own names :
Provided,^ that before any loss happens, he, she or they
shall obtain the consent, in writing, of the said company to
such assignment, and have the same indorsed or annexed
to the said policy of insurance.
§ 13. Every member of said company shall be and is
hereby bound to pay his proportion of all losses and ex- "
penses happening or accruing in and to said company ; and '
all buildings insured by and with said company, together
with the riglit, title and interest of the assured to the
lands on which they stand, shall be pledged to said com-
pany, and the said company shall have a lien thereon against
the assured during the continuance of his, her or their pol-
icies.
§ 14. The board of directors may invest and employ
the funds of the said company in such a way and manner
as the interest and welfare of tl
Provided^ that nothing b
them to engage in any banking operations, or to traffic m
any goods, wares or merchandise, or to exempt anv of the
property of said company from taxation except the premi-
um notes.
§ 15. In case of any loss or damage liy fire happening
to any member upon property insured in and with said
company, the said member shall give notice thereof in wri-
ting to the directors, or some one of thei;;. or to the secre-
tary of said company, within thirty days \ rom the time such
loss or damage may have happened ; and the directors, up-
on a view of the same, or in such other way as they may
deem proper, shall ascertain and deterr.ine the amount of
way
le company may require :
herein construed as authorizino-
sai i loss or damage, and if the party suffering is not satis-
fied with the determination of the directors, tlie question
may be submitted to referees, or the said party may bring
an action against said company for said loss or damage, at
the next court to be holden in and for the county of Ste-
phenson, and not afterwards, unless said court shall be !iol-
deu v/ithin sixty days after said determination ; but if hol-
d M) witiiin tliat time, then at the next court holden in said
:y tiiereafter; and if upon trial of said action a greater
aall be recovered than the amount determined upon
• directors, the party suffering shall have judgment
or aganist said company, with interest thereon from
the time said loss or damage happened, and cost of suit.
But if no more shall be recovered than the amount afore-
said, the said party shall become nonsuit, and the said com-
pany shall recover their cost: Provided^ hoivever^ that the
judgment last mentioned shall in no wise affect the claim
of said suffering party to the amountofloss or damage as de-
termined by the directors aforesaid : ^dnd provided, a/so,
that execution shall not issue on any judgment against said
company until after the expiration of three months from
the rendition thereof.
§ 16. The directors shall, after receiving i:otice of any p^ty
loss or damage by fire sustained by any member, and as- "'='
certaining the same, or after the rendition of any judgment
as aforesaid against said company for sucli loss or damage :
Provided, the cash fund received by the said company should
not be sufficient to meet said loss or damage, the directors
shall settle and determine the sums to be paid by the sev-
eral members thereof as their respective proportions of
such loss, and publisli the same in such manner as they
shall see fit or as the by-laws may have prescribed; and the
sum to be paid by each member shall always be in propor-
tion to the original amount of his premium note or notes, and
shall be paid to the treasurer within thirty days next after
the publication of said notice ; and if any member shall, for
the space of thirty days after such notice, neglect or refuse
to pay the sum assessed upon him, her or them as his, her
or their proportion of any loss as aforesaid, in such case
the directors may sue for and recover the Avhole amount of
his, her or their deposit note or notes, with cost of suit,
and the money thus collected shall remain in the treasury
of said company, subject to the payment of such losses and
expenses as have or may thereafter accrue, and the bal-
ance, if any remain, shall be returned to the party from
whom it was collected, on demand, after thirty days from
the term for which insurance was made.
§ 17. Said company may make insurance for any term^^j^j
not exceeding five years ; and any policy of insurance is- nuce."
sued by said company, signed by the president and coun-
il•ect<>r.^
case 'f loss.
tersigned by tlie secretary, shall be deemed valid and
binding on said company in all cases where the assured
has a title in fee simple, unincumbered, to the building- or
buildings insured, and to the land covered by the same ;
but if the assured has a less estate tlierein, or if the prem-
ises be incumbered, the policy shall be void unless the true
title of the assured and the incumbrance on the premises
be expressed therein.
Payment of loss- § 18. The directors shall settle and pay all losses with-
^' in three months after they shall have been notified and sat-
isfactorily proven, unless they shall judge it proper, within
that time, to rebuild the house or houses destroyed, or re-
pair the damage sustained, which they are empowered to
do in convenient time : Provided, they do not lay out and
expend in such building or repairs more than the sum in-
sured on the premises, but no allowance is to be made in
estimating damages in any case for gilding, historical or
landscape painting, stucco or carved work, nor are the same
to be replaced if destroyed by fire.
Policy void. § 19, When any house or other building shall be alien-
ated by sale or otherwise, the policy thereupon shall be
void, and be surrendered to the directors of said company
to be cancelled, and upon such surrender the assured shall
be entitled to receive his, her or their deposit note upon
the payment of his, her or their proportion of all losses and
expenses that have accrued prior to such surrender : Pro-
vided, hoivever, that the grantee or alienee having the policy J
assigned to him may have the same ratified and confii-med '
to him, her or them for hiS; her or their own proper use and
benefit, upon application to the directors, and with their
consent, within thirty days next after such alienation, on
giving proper security to the satisfaction of the said direc-
tors for such portion of the deposit note as shall remain
unpaid, and by such ratification and confirmation the par-
ty causing the same shall be entitled to all the rights and
privileges, and subject to all tlie liabilities, to which the
original insured was entitled and subjected under this act.
Alteration in § ^0. If any alteration shall be made in any house or
house. building by the proprietor thereof, after insurance has been
made thereon with said company, wliereby it may be ex-
posed to greater risk or hazard from fire than it was at the
time it was insured, then and in every such case the insur-
ance made upon such house or building shall be void, un-
less an additional premium and deposit after such alteration
be settled with and paid to the directors, but no alteration
or repairs in buildings, not increasing such risk or hazard,
shall in any way affect the insurance ])reviously made
thereon.
Buii.iings on § 21. In casc any building or buildings situated upon
leasod lands, jgg^gg^j lands and insured in said company be destroyed by
fii e, and the owner or owners thereof shall prefer to re-
cei\e the amount of such loss or damage in money; in such
case the directors may retain the amount of the premium
note given for the insurance tliereof until the time tor
which insurance was made shall have expired, and at the
expiration thereof the assured shall have the right to de-
maud and receive such part of said retained sum or sums
as has not ( been] expended in losses and expenses.
§ 22. If insurance on any house or building, household ^J^.'^J' insurant
fariiiture, merchandise or other property, shall be and sub-
sist in said company and in other office, or from and by
any other person or persons at the same time, the insur-
ance made in and by this company shall be deemed and
become void, unless such double insurance subsist by and
with the consent of the directors, signified by indorsement
on the back of the policy, signed by the president and
secretary.
§ 23. Each and every member of said company shall Examination ot
be entitled to and allowed an examination of the books,
papers and general transactions of said company, upon
application thereof to the secretary.
§ 24. It shall be the duty of the directors to make an Report.
annual report of the condition, progress and affairs of said
company, a copy of which report shall be furnished to the
general assembly.
§ 25, The operations and business of said company office.
shall be carried on and conducted at such place in Free-
port, county of Stephenson, as a majority of the members
present at any regular meeting shall designate.
§ 26. The fiscal year of this company shall commence p-jgeaiycar.
on the first day of , and terminate on the last day of
in each year.
§ 27. The individuals named in the first section of this Diiecwrs.
act shall be and they are hereby constituted a board of di-
rectors for said company, to serve as such until the first
annual election of directors therein provided for; they
shall, if they think proper, have power to make up their
number to fifteen, as allowed in the third section of this
act, from among the members of said company, and all
vacancies which may occur in said board by death, resig-
nation, removal or refusal to serve, may be filled by the
remaining members of said board, and a majority of their
number at any time shall constitute a quorum for tiie trans-
action of business ; they may call the first meeting of the
members of said company, at any suitable time and place
in Freeport aforesaid, by advertisement in the several
newspapers printed in said town, giving at least ten days'
notice of the place, time and^'design of the meeting ; they
ma)' make and establish by-laws for the government of
said company, until the first annual meeting thereof, and
ia53. 384
may transact any business necessary and proper to carry into
effect the provisions and intentions of this act : Provided^
however^ that no policy shall be issued by said company
until his excellency, the governor of the state, shall have
made proclamation tiiat application has been made for in-
surance in said company on fifty thousand dollars at least,
of which notice shall be given him by the directors.
wtionate § 28. If it sliall ever so happen that the whole amount
(lend. q|- jgpQsit notes shall be insufficient to pay the losses oc-
casioned by any one fire, in sucii case the sufferers insured
by said company shall receive, towards making good their
respective losses, a proportionate dividend of the whole
amount of said notes, according to the sums by them re-
spectively insured, and in addition thereto, a sum to be
assessed on ail the members of said company, not exceed-
ing twent3^-five cents on every hundred dollars by them
respectively insured; and the said members shall never be
required to pay for any loss occasioned by fire at one time
more than twenty-five cents on each hundred dollars
insured in said company in addition to the amount of his
deposit note, nor more than that amount for any such loss
after his said note shall have been paid in and expended,
but any member, upon payment of the whole of his deposit
note and surrendering his policy before any subsequent
loss or expenses has accrued, may be discharged from
said company.
§ 29. This act shall take effect from and after its
passage.
Approved February 12, 1853.
, AN ACT to establish the Miners' Insurance Company.
Section 1. Be it enacted by the people of the state of
Illinois^ rej)resented in the General Assembly^ That there
shall be and hereby is established, in the city of Galena, an
insurance company, to be known by the name and style of
"The Miners' Insurance Company," with a capital stock
of one hundred thousand dollars, divided into shares of
fifty dollars each, which may be increased, at the will of
the directors, to any amount not exceeding five hundred
thousand dollars, to be subscribed and paid for in the man-
ner hereinafter specified.
§ 2. Lucius S. Felt, Edward Hempstead, Benjamin
H. Campbell, Samuel Hughlett, D. A. Barrows, Natiian
Corwith and Edwin Ripley, or any three of them, be and
they are hereby authorized to open books of subscription
385 1853.
in said city for the capital slock of said company, at such
time and place as they shall think proper, after giving
twenty days' notice of the same in either of tlie puhlic
newspapers in said city ; said books to be kept open
for the space of five days, and until at least one hun-
dred shares shall be subscribed, when the same may be
closed ; and said subscribers may, after six days' notice
being given by said commissioners in manner aforesaid,
meet, and under inspection of said commissioners, choose
their directors, who may, at any tirne after ten days' pub-
lic notice given, cause the subscription books to be re-
opened and continue open until the whole amount of said
stock shall have been taken.
^ 3. The subscribers of said stock, their associates, p.o,i.v crpo
successors and assigns, shall be and they are hereby de- "''"''"-•
clared a body politic and corporate, by the name and style
of " The Miners' Insurance Company," and shall be ca-
pable in law of contracting and being contracted with,
suing and being sued, pleading and being impleaded,
answering and being answered unto, defend and being de-
fended against, in all courts and places whatever, in all
manner of actions, suits, complaints and causes.
§ 4. The said corporation may have and use a common General pn^
seal, which they may change, alter or break, at pleasure ;
and may also make, establish and put in execution such
by-laws, ordinances and regulations, as shall, in their
opinion, be necessary for the good government and man-
agement of the affairs of said corporation, and which are
not repugnant to the laws and constitution of this state, or
of tlie United States.
§ 5. The corporation hereby created shall have fall Marine risks
power and authority to take all marine risks of any and
every kind, nature and description, and to make insurance
upon inland navigation and transportation, and against
losses by fire, of buildings and all other property v/hatsoever,
and to make all kinds of insurances upon lives, and all such
other insurances as tiiey may deem proper, and also to re-
ceive moneys on deposit, and to loan the same, and their
surplus or unemployed capital, or money, on personal,
real, or other security, at such rates of interest as may be
done under the existing laws of this state ; and to lend
money upon respondentia and bottomry, to companies,
corporations and individuals, upon sucli security as they
shall think proper. They may also cause themselves to
be insured or re-insured against all or any risks upon which
they may have made insurance, and also upon all property
of every kind, or any interest therein, owned by said com-
pany, or held by them as security, and generally to do and
perform all necessary matters and things relating to or
connected with these objects, or either of them.
[Z ]
1853.
386
§ 6. The payment of the stock subscribed for shall be
made by the subscribers, respectively, at the time and in
the manner following, that is to say — at the time of sub-
scribing, there shall be paid on each share one dollar, and
tlie balance due upon each share, shall be subject to the
call of the directors, under such penalties as the board of
directors may appoint and order, and shall be secured to
be paid on demand by approved notes, hypotiiecated stock,
mortgages on real estate, or other satisfactory security.
f § 7. The stock and affairs of said company or cor-
poration aforesaid, shall be managed and conducted by
seven directors, who shall be stockholders of said corpo-
ration. They shall, after the first year, be elected on the
first Tuesday in June in each year, at such time and place
in the city of Galena as the board of directors for the time
being shall appoint, and shall hold their offices for one year
and until others sliall be chosen to supply their places, and
no loncjer ; ten days' public notice of said election shall be
previously given, and the election shall be held under the
inspection of three stockholders, to be previously appointed
by the board of directors for that purpose, and shall be
made by ballot, by a plurality of the stock represented,
allowing one vote for every share, and stockholders not
personally present may vote by proxy, mailed in writing
directly to the person representing them at such election.
In case that it shall happen at any time that an election of
directors shall not be made on any day when pursuant to
this act it ought to have been made, the said corporation
shall not, for tliat cause, be deemed to bf dissolved, but it
shall and may be lawful, on any other day, to make and
hold an election of directors, in such manner as shall be
regulated by the by-laws and ordinances of said company.
§ 8. The directors of said company shall, as soon as
may be after their election, in each year, proceed to choose
out of their body one person to be president, who shall
preside until the next annual election thereafter ; and in
case of the death or resignation of the president or any
director, the vacancy may be filled by the board of direc-
tors; and in case of the absence of the president, the board
of directors shall have power to appoint a president jiro
tcm.^ who shall have all the powers and perform all the
duties of the president regularly ciiosen.
§ 9. The directors may, by the ordinances or by-laws
of said company, order what number of directors shall
constitute a board or quorum, and be competent for the
transaction of the business of the corj)oration ; and they
shall have power, subject to said by-laws, to appoint from
their own body, one or more persons, to act and assist in the
performance of the business of the company, with such
salaries and allowances as they may think proper, and also
387 1853.
to appoint a secretary, and such clerks and other servants
as they may deem expedient ; they shall have power to de-
clare and make dividends of the profits arising from the
business of said corporation, but all contracts, certificates,
and otlier instruments, in writing, of said company, shall
be signed by the president and secretary thereof, or either
of them, as may be provided by the by-laws of said
company.
§ 10. Tile stock of said corporation shall be consid- stock c.uM.ifn.i
ered personal property, and shall be assignable and trans- pert,"?'' ^'™"
ferable, according to such rules and restrictions as the
board of directors shall from time to time make and es-
tablish.
§ 11. The said corporation may purchase, hold, sell i'^;'^'<"!<tat".
and convey, at their pleasure, all such real estate as may
be deemed necessary for the transaction of its business,
not exceeding at any one time twenty thousand dollars, and
to take and hold any real estate, mortgaged or pledged as
security for the payment of any debt due, or that may be-
come due to it, and also to purchase on sale, in virtue of
any judgment at law, or any decree of a court of equity or
otiierwise, to take and receive any real estate or other
property in payment, or towards satisfaction of any debt
previously due to said corporation, and to hold the same
until they can conveniently and advantageously sell and
convert the same into money or other property.
§ 12. That said corporation shall have full power and n-iw^it'-apitai.
authority to deposit any portion of their unemployed capi-
tal, or other funds at any time in their possession, with
any corporation, company or individual, in any section of
the United States, and to use the same as they may think
proper, in order to facilitate exchanges, and to do and per-
form all such acts and things as may be requisite in all
such transactions, and for the best interest of said cor-
poration.
§ 13. , The expenses incurred by the commissioners in Expenses ;;,-
executing duties required by this act, shall be paid out of ssoners.'^ *"'"
moneys received by them of the subscribers to the capital
stock, and may be retained by tiiem for such purposes, and
the balance so received shall be paid o^er to the directors
after they shall have been chosen.
§ 14. All policies of insurance by them made shall bepo.cics.
subscribed by the president, or in case of his death or
absence by such other person as may be authorized, and
countersigned and sealed by the secretary of said company;
and all losses arising under any policy so subscribed and
sealed may be adjusted and settled by the board of direc-
tors, or such otiier person or persons as said board may
appoint for such purpose.
ir, c:w of .V- § 15. In case of any loss or losses whereby the capi-
creasu ot capital ,1,1. ••i 11 iir n.i
Btock. tal stock 01 said company may be lessened before all the
instalments are paid in, each proprietor's or stockholder's
estate shall be held accountable for the instalments that
may remain unpaid on his share or shares, at the time of
sucli loss or losses taking place, and no subsequent divi-
dend shall be made until the sum arising from the profits
of the business, or by acvance of the stockliolders, to make
good said capital stock, shall have been added thereto.
Surplus of sub- § 16. If a greater number of shares shall be subscribed
bcrip Kill. ^^^_ than is contemplated in the second section of this act,
the same shall be apportioned amongst the subscribed, in
sucli equitable manner as the said commissioners shall ap-
point : Provided^ such subscriptions take place before the
election of directors, and if after their election, then the
same shall be appointed by said directors.
Place of businesa § 17. The busiucss of the company shall be carried on
at such place in the city of Galena, or elsewhere, by
agency, as the directors shall direct, and at such agencies
as they may establish.
Mnnncr of con- K 18. Tliis Corporation may conduct its insurance
(tiictii.g business , ^. . . i- 1 i\ • • ^ c i. i
business m part, or entirely, upon tiie principle oi mutual
insurance, if preferred by its stockholders or directors :
Provided., always, that all risks are assessed at their cash
value of hazards, and the premiums shall be paid in cash,
or its equivalent, when the policy is issued.
public act. § 19. This act shall be and is hereby declared to be a
public act, and the same shall be construed liberally for
the beneficial purposes herein granted, and the corporation
hereby created shall take effect and be in force from and
after the passage thereof, and shall continue in force for
tlie term of thirty years, and no longer.
Filial sntiement. § 20. Notwithstanding the expiration of tlie time for
which the said corporation is created, it shall be lawful to
use the corporate name, style and capacity for the final
settlement and liquidation of the affairs and accounts of
the said corporation in all cases, and for the sale and dis-
position of their estate, real or personal.
§ 21. This charter sliall be Aoid and of no effect unless
the company shall commence operations, agreeably to the
provisions thereof, within two years after the passage of
this act.
i ftiisunco § ^^' ^" effecting insurance on lives agreeably with
the i)ower conferred by this charter, it shall be the duty
of the directors to have kept a separate account for this
class of business, distinct from the other insurances, which
shall not be affected by the 'oss or gains ot their other in-
surance busines", and it shall and may be lawful for the
said directors lo allow all peirons so insuring such part
3S9 1853.
of the net profits or earnings of this department of the
company's business as may be deemed for the mutual in-
terest of the assured and assurers.
Approved February 12, 1853.
AN ACT to incorporate the Quincv Savinri-s and Insurance Companv. in lurco Fob.
' 1853.
Section 1. Be if enacted hij the people of the state nf
P/i?i'jis, 7H^jj resented 171 the General ..issembli/, That SamueU'on>:'r'it-jis.
Holmes, Calvin A. Warren, Newton Flagg, I. N. Morris,
William H. Carlin, Amos Green, C. M. Pomroy, John
Wood, S. Tiiayer, C. A. Savage, Thomas Redmond and
Hiram Rodgers, and all such other persons as shall here-
after becom.e stockholders in the corporation hereby crea-
ted, shall be a body politic and corporate, by the name and
style of "The Quincy Savings and Insurance Company,"
to be located in the city of Quincy, and said corporation
may continue until the first day of January, one thousand
eight hundred and eighty, and shall have power to adopt
a common seal, and alter or renev/ the same at pleasure,
and in that name shall transmit its business and have suc-
cession, may sue and be sued, answer, prosecute and de-
fend, in all courts of justice within this state of competent
jurisdiction.
§ 2. The capital stock of this corporation shall be one capital stock,
hundred thousand dollars, and be divided into shares of
twenty-five dollars each, but shall be entitled to enjoy all
its franchises v/hen fifty thousand dollars shall be subscri-
bed, and twenty per cent, of said subscription paid in cash,
and the balance secured to the satisfaction of the directors;
and said capital stock may be increased at any time here-
after to the sura of five hundred thousand dollars, in the dis-
cretion of a majority of tlie directors, in such manner as
they shall prescribe by the by-laws of the company.
§ 3. The above named incorporato'rs, or a majority of open bookj;
them, shall open books at sucli time and place in the city
of Quincy for subscription to the capital stock as they shall
appoint, not exceeding six months from the passage of this
act, by giving five days' notice in one or more of tlie daily
papers publishe<l in said city, that such books will be open-
ed to subscribers to such capital stock, and that they will
remain open until fil't} thousand dollars shall be subscribed,
and then the stockholders will organize the company by
choosing its directors, and at which time twenty per cent,
of the capital stock thus subscribed shall be paid in, and
the balance secured to the satisfaction of the directors.
1853. 390
i^cmcnt of ^ 4. Tlie stock, funds and business of this corporation
shall be managed by five directors, one of wliich shall be
president, three of which shall be a quorum to transact
business. At all elections of directors each share shall be
entitled to one vote, and absent shareholders may vote by
proxy, the holder of which being being a shareholder. No
person shall be eligible to the office of director or {)resident
unless a stockholder to the amount of five hundred dollars,
and a citizen of the state of Illinois. And after the first
election there shall be an annual election held on the first
Monday of April in each year, at such time and place in the
city of Quincy as the directors may appoint, wliich direc-
tors shall hold their office for one year and until others are
chosen and qualified. Notice of the time and place shall be
published at least five days previous in some paper pub-
lished in the city of Quincy.
•''«• § 5. At every annual election the directors shall ap-
point three stockholders, who are not directors, as inspec-
tors of such election, who shall canvass the votes and de-
clare the result, and the nine persons who shall have the
highest number of votes shall be directors for the coming
year. Said directors, when chosen, shall proceed to choose
one of their number, by ballot, president, and in case of
death, resignation, disqualification or absence, shall, in the
same manner, appoint a president jiro tempore^ who shall
discharge the duties and exercise all the functions of the
president. The directors may also appoint a secretary and
treasurer, and such other officers and agents as they may
think necessary, and define their duties and determine their
compensation and require such security for the faithful
discharge of tlieir duty as shall be deemed proper.
,j,.,..,.. § 6. The corporation hereby created shall have })ower to
make all kind of insurance against fire, and to make marine
insurance upon vessels, boats and water crafts employed in
inland, lake, river, ocean or canal navigation, and upon all
goods, wares or merchandise, produce or property trans-
ported thereon or otherwise, and upon freight, bottomry,
respundcutla interests, and upon all ocean, lake, river or
inland navigation lisks of every kind soever, and upon
money transmitted by mail.
..fpnsiioni § 7- It shall be tlie duty of the president and directors
liioci.t,. ^Q make out a coinpleti- and perfect statement of the con-
dition and affairs of the corporation, and rej>ort the same
to the stockholders at their annual meeting, and on the first
Mondays of April and September in each year to make a
dividend of so much of the profit of said corj)orarum as to
them shall apjjcar advisable. But in no case shall they de-
clare a dividend that shall impair the caj)ital sto(;k or in-
fringe thereon ; and in case of losses at any time that shall
lessen the capital stock, calls shall be forthwith made for
391 1853.
instalments of unpaid stock sufficient to restore the capi-
tal, or no dividend shall be made until the capital slock is
restored, from the profits arising from the business of the
corporation, nor shall any premiums received be counted
as profits until the risk ior which it was taken shall have
terminated.
§ 8. All policies of insurance or other engagements policies.
shall be signed by the president and countersigned by the
secretary, with or without seal, and shall be binding upon
the corporation, and all such assured may thereupon, in case
of loss arising, maintain an action of debt, covenant, or on
the case against such corporation.
^ 9. The directors, at their first meetnig, and at the bv-iuws.
time of their organization, shall adopt by-laws, rules and
regulations by which the corporation and its members shall
be governed, and may alter and amend the same at any
subsequent meeting: Provided^ such by-laws shall not be
inconsistent with the laws of this state ; and the directors
may Oj)en books for subscription to fill uj) such portion or
all of the unsubscribed stock as in their opinion may be
useful and desirable. The directors shall have power to
call in instalments of the capital stock at such times as they
shall deem advisable, by giving thirty days' notice in some
paper published in the city of Quincy : Provided, no call
shall be made to exceed ten per cent, of the capital stock
subscribed at one time, nor oftener than once in thirty
days. The president shall notify all shareholders out of
the city of Quincy of such call by mailing such notice to
such persons' address, if known.
§ 10. If, after a public call for instalments be made ncranit..f .-t.ick-
agreeable to the provisions of section nine, any shareholder l■^'•^^''-•
shall neglect or refuse to pay said instalment, agreeable to
the notice and for ten days thereafter, the president may
advertise so much of the stock of the delinquent shareholder
to be sold at auction to the highest bidder as will pay the
amount called for and expense of advei'tising and seiliiig,
in which advertisement he shall give notice of the time and
place of sale, and the amount of instalment to be provided
for, and shall cause the same to be publi^hed ten days in
some paper in Quincy before the day of sale.
§ II. This corporation may conduct its insurance bu- jr.mncr ..r c.m-
siness in part or entirely upon the principle of mutual in-
surance, if preferred by its customers and directors: Pro-
vided, always, that all risks are assessed at their cash val-
ue of hazards taken, and the premiums shall be paid in
cash or its equivalent when the policy is issued.
§ 12. This corporation shall not deal in any real or Mer'tamii^.-, &c
personal estate, property or merchandise, except so much
as is necessary lor its own use, and such as may be taken
1853. 392
persona!
IJO.ity.
to secure any debt, or in payment thereof, but shall strictly
confine itself to the objects of its creation as herein set forth.
dteiiKd § 13. The stock in this corporation shall he deemed
personal property, and no transfer shall be valid while the
holder is indebted to the corporation. Tiie mode of trans-
ferring or alienating the stock, and the forms of policies,
orders, receipts, certificates or other papers to be used by
this corporation, shall be regulated and determined by the
by-laws of the same.
§ 14. This corporation shall have power to perform the
duties and functions of a savings institution, and may re-
ceive deposits of money, bullion or other valuable commod-
ities, and give certificates for the safe keeping and return
of the same. Also, for remittance or investment or sale,
and may loan or invest its own funds, or those of other per-
sons, and on their account, when desired to do so; to deal
in exchange, and to pay on money deposited and receive
on money loaned a rate of interest not exceeding the
rate now lawlul to be charged, by agreement of the parties,
on money loaned, and to do and perform all such other trusts
as may be required, and charge and receive therefor such
compensation or commission as may be agreed upon : Pro-
vided, always, that tlie corporation shall open and keep a
separate account, called savings, deposits and trust ac-
count, in which it shall enter all savings, deposit and trust
funds, whether for investment or remittance, and all char-
ges for commission, interest or compensation paid or re-
ceived shall be entered in the same account : Jind jirovi-
ded further, that said corporation shall not, in any case,
use any portion of such savings, trust funds or deposits in the
payment of any loss or losses arising from insurance, or
any fire or marine risk it may take : *M)}d provided J urtJier,
that all such funds or valuable commodities shall not be
paid out or removed from such deposit except on the order
of the president, countersigned by the secretary, or a re-
turn of the receipt or obligation given to suc!\ depositor.
§ 15. That the real and personal property of each in-
dividual stockholder shall be liable for any and all liabili-
ties or losses of the company to the amount of stock sub-
scribed or held by him and not actually paid in, in all cases
of losses exceeding the means of the corporation.
§ 16. This act shall take effect and be in force from
and after its passage, and be liberally construed for all
purposes herein contained by the courts of justice in this
state : Provided, that nothing herein contained shall be so
construed as to authorize the said company to issue any
notes, bills, certificates of deposit or other paper to circu-
late as money.
Approved February 12, 1853.
393 1853.
AN ACT tu incorporate the Mutual Security Insurance Company. in force Feb. 10,
1853.
Section 1. Be it. enacted hy the people of tlie state of
Illinois, represented in the General *^sse7nhbj, That Jona- corporators.
than Burr, William H. Brown, J. Young Scammon, John
M. Wilson, Edward J. Tinkham, Thomas Drummond,
Ezra B. McCagg, Thomas Hoyne, and their associates, and
all others who may associate with them hereafter in the
manner herein provided, and their successors and assigns,
be and they are hereby created and made a body politic
and corporate, by the name of "The Mutual Security In- ^*yie.
surance Company," and by tliat name, style and title shall
be and hereby are empowered to purchase, receive, have, Gencr.n powers.
hold, possess and enjoy, to tlieinselves and their succes-
sors, lands, tenements, hereditaments, goods, chattels and
effects of every kind and nature as may be deemed neces-
sary or convenient for the business of said incorporation,
and the same to grant, alien, sell and dispose of; to sue and
be sued, plead and be impleaded, in all courts of justice ;
also, to have and use a common seal, and the same to
change at pleasure ; also, to ordain and put in execution
such by-laws and regulations as they may deem proper for
the wefl ordering of said corporation and its affairs : Pro-
vided, they be not repugnant to the laws of the United
States or of this state, or to the provisions of their act of
incorporation.
§ 2. The capital stock of said corporation shall not be cap't-i' ^tck.
less than fifty thousand dollars, and may, at the pleasure of
said corporation, be increased to any further sum not
excee ling three hundred thousand dollars, and shall be di-
vided into siiares of fifty dollars each; and on the said cap-
ital stock of fifty thousand dollars, in part of said stock,
shall be paid into the treasury of said corporation by each .
subscriber at the time of subscription an instalment of five
dollars on each share of stock by him subscribed, and the
remainder of said stock shall, within ninety days from said
subscription, be secured to be paid by mortgages on real
estate, or secured promissory notes approved by the
president and directors of said corporation, and shall be
payable sixty days after a demand shall be made in
some newspaper published in the city of Chicago; and the
sureties on such notes shall have a lien on the stock for
which such note or notes are given, or the same may be
made })ayable in regular instalments at stated periods, at
the discretion of the president and directors as aforesaid.
§ 3. The stock and affairs of said corporation shall be jr,,n„gerojnt jo
managed and conducted by any number of directors, not
more than twenty-five nor less than nine, to be chosen by
ballot from among and by the stockholders, which directors
shall hold their office at pleasure for oneyear, and until others
aflUirs.
1853. 394
are chosen to supply their places; and the annual meetings
for the choice of said directors shall, after the first elec-
tion, be holden in the city of Chicago, on the first Monday
of July, or such other day in the month of July as shall be
appointed by said board of directors ; but a failure to elect
directors at the day appointed shall not work a forfeiture
of the charter; and in case of such failure the election may
be held at any other day appointed by the president or sec-
retary of said company, or any two directors tliereof, thir-
ty days' notice of such election being given by publication
as aforesaid.
.^ji^u § 4. The said directors shall choose out of tlieir num-
ber a president and also a vice president of their corpora-
tion, and in case of the absence of either from business
may, so often as necessity shall require, elect from among
themselves a president or vice president for the time be-
ing ; and in case any vacancy shall occur in said direction,
said directors may elect a director or directors from among
the stockholders to fill such vacancy, who shall hold his or
their office at pleasure until others are chosen in his or
their place, and said directors shall have power to appoint,
for the time being, such officers, secretaries, agents and
servants as they sliall judge necessary, and with such sal-
aries and allowances as they may think proper, and shall
be capable of performing such other acts and exercising
such otlier powers as shall be by them deemed for the best
interests of the company.
Qntnuni. § 5. The directors shall determine what number of
their own body shall constitute a quorum for the transac-
tion of business, and when such quorum is formed, if the
president is not present, the vice president siiall preside,
or in the absence of both, the directors shall appoint a pres-
ident ;9ro ^emjOo?'e.
v.,tL-. § 6. Stockholders voting at any election shall be allowed
one vote for every share of stock they may then hold,
and shall be entitled to vote in person or by proxy duly
appointed, and none but stockholders shall be eligible as
directors.
Notice. § 7. Public notice by order of the directors shall be
given at least one week previous to any meeting of the
stockholders in a newspaper printed in the city of Chicago,
and in such other way as they may deem exjoedient.
ivansrtf of stock. J 8. Tiic Capital stock of said corporation shall be
transferable according to the rules and regulations pre-
scribed by the directors, and every subscriber of any share
or shares in said stock who shall neglect to pay the instal-
ment aforesaid, or secure the residue of the said share or
shares aforesaid, shall forfeit to the said corporation such
share or sliaies, and all payments made thereon, and all
profits that may have arisen thereon.
395 1853.
§ 9. The said corporation shall have full power and lusunuu. .
autiiority to insure all kinds of property of whatever kind
or nature soever against loss or damage by fire ; also, to
lend money on mortgage or otherwise at such rates of in-
terest as are now authorized by law, and also, (when the
annuity fund is created as hereinafter provided for,) to
make insurance upon life or lives, and also to grant annui-
ties for life or lives, or for a term dependent upon life or
lives, and also to do and perform all necessary matters and
things connected with these objects, or any of them, and
may cause themselves to be reinsured upon any risk or in-
surance which they may have assumed or taken in tiie
progress of tlieir business.
§ 10. All policies of insurance or otiier contracts an- Manner of in.a-
thorized by this act which shall be made and entered into ''^°'^'^""
by said corporation may be either under or without the seal
thereof, and shall be subscribed by tiie president or such
other officer as shall be designated for the purpose by the
by-laws of said corporation and attested by the secretary,
and being so signed, executed and attested to, sliall be
binding and obligatory U})on said corporation according to
the true intent and meaning of such ])olicies and contracts;
and all such policies and contracts may be so made, signed,
executed and attested to without the presence of a board
of directors by the president and vice president, or either
of them, or by a committee of directors previously appoint-
ed for that purpose by the board of directors, or such other
person as they may appoint ; and the acts of such president
or vice president, or either of them, or of such committee
or person appointed, shall be binding and obligatory upon
said corporation.
^ 11. Jonathan Burr, Edward J. Tinkham, William H. commissioners
Brown, J. Young Scammon, John M. Wilson, Ezra B.
McCagg, Thomas Drummond and Thomas Hoyne are here-
by appointed commissioners to receive subscri))tions, who
may open tlie books of subscription for the capital stock of
said corporation whenever and wherever they may deem
most conducive to the interest of said corporation, giving
as much notoriety to the same as in their judgment siiall be
necessary ; and in case of the resignation or absence of any
of the commissioners named in this act of incorporation, it
shall and may be lawful for the remainder of them to pro-
ceed to business, whose duties shall be the same in tiie
premises as that prescribed to the whole of said commis-
sioners, and such acts shall be legal. And as soon as the
said sum of fifty thousand dollars siiall have been subscri-
bed, the lirst board of directors shall be chosen under the
inspection of said commissioners.
§ 12. Before tiie said corporation siiall commence busi- When to wm-
ness or assume any risks in pursuance of this act, the amount °*'^"'^*-
1853. 396
of fifty thousand dollars of the capital stock shall be sub-
scribed for, and the instalment aforesaid shall have been
paid and the remainder of said stock secured to be paid
agreeabl}' to the provisions aforesaid.
Capital stock. ^ § 13. The Capital stock of said corporation shall be
invested, at the discretion of the directors, either in loans
upon bonds or mortgages or unincumbered real estate of
the value of at least one-third more than the amount loan-
ed thereon, or in United States or state stocks or stocks
created by any state of the United States or stocks of in-
corporate companies, or may be loaned upon promissory
notes or bills of exchange or otherwise, not having more
than twelve months to run, and the same may be called in
and reloaned on the like security as occasion may require;
and the dividends of the profits or interest accruing from
such investments may be made semi-annually to the stock-
holders, but such capital and the interest not divided shall
be liable for all losses and expenses incurred by the cor-
poration after the application of all other means of the
company.
Knuoinonrs. ^ ^^' The officcrs of the company, at the expiration
of one year from the time that the first policy shall have
been issued and bear date, and within one month there-
after, and within the first month of every subsequent year,
shall cause an estimate to be made of the profits of the
business, and a true statement of the aflfairs of said com-
pany, as far as may be, for t!ie preceding yenr, and so on
for each successive year ; and such profits shall be invested
in the same manner as is prescribed for the investment of
the capital stock, and no part of such profits shall ever be
v/ithdrawn from said company, except a.s hereinafter pro-
vided for, but shall at all times be liable for all losses and
expenses incurred by this company in the course of its
business, but the interest accruing on such investments
may be divided annually, it beiiig the true intent and
meaning of this act that should the said capital stock, or
interest not divided thereon, be at any time assessed to
meet any demands against said corporation, such amount,
with interest, shall be made good to the stockholders be-
fore estimating or investing the profits of business.
p.mns insuvod. § 15. Any person or firm effecting insurance in this
corporation, and every stockholder, shall be entitled to a
credit in the books of said company of his or their ])ro-
portion of said invested profits, sharing pro rafa, according
to the amount of premiums paid or amount of. stock held by
him or them respectively, and to a ccilificate thereof;
such certificate to contain a proviso that the amount of
profits named therein is liable for any future loss or losses
by said company; but no certificate shall be issued for the
fractional parts of sums between even tens of dollars,
^97 1853.
nor for any sums less tlian ten dollars, but all such frac-
tional sums, and sums less than ten dollars, may be passed to
the contingent account of the company, and applied to the
expenses and other ciiarges of said coipoartion.
§ 16. Whenever the accumulated net profits shall ex- Proms,
ceed one hundred thousand dollars, the excess may be di-
vided, from year to year thereafter, among the holders of
each year's certificates successively, in wliole or in part;
but nothing shall be paid on the certificates of a subsequent
year until the par value of all those of preceding years are
provided for; or the board of directors of said company may,
attheir discretion, appropriate and setapart the sum" of one
hundred thousand dollars, part of the said accumulated prof-
its, and increase the capital stock of said corporation that
amount; which sum shall form and constitute 'the "annuity
fund" created by this act, and shall be invested in real estate
by loans upon bonds secured by mortgage on real estate of
the value of at least fifty per cent, more than the sum
loaned thereon, and in no other way whate^•er, to be ex-
clusively held and pledged as a fiind for the payment of
annuities which shall be granted by said companv, and of
losses upon insurance for a life or lives, or in any way de-
pendent upon life or lives, and shall, in no case, be liable
for the other debts, contracts, liabilities and engagements
of the said company; thatthesaid fund shall be denomina-
ted "the annuity fund," and all investments of the said
capital of one hundred thousand dollars, and all accumula-
tions in respect thereto or arising from the income thereof,
)r from insurance upon life or lives, or from the granting uf,, jos.e.s,
innuitifts, and all expenses, payments and losses in re-
pect to such insurance upon life or lives, or dependent
hereon, and the granting of such annuities, shall be kept
n a separate and distinct account, and such ftmd and ac-
cumulation thereof shall alone be liable to pay, bear and
satisfy all losses, expenses, payments and charges in re-
spect to insurance on life or lives, or in any manner de-
pendent upon life or lives, annuities which shall be granted
!)y the said company.
§ 17. Suits at law or in equity may be prosecuted and suit..
maintained by any person or persons holding a certificate
against said corporation, and no person holding a certifi-
cate of the corporation, not being in his individual capaci-
ty a party to the suit, siiall, by reason thereof, be incom-
petent as a witness in suits in which such corporation is
Interested.
§ 18. Nothing in this act contained shall be so con- L^anku.s.
strued as to authorize said company to engage in the bu-
siness of banking, and the issuing by said company of any
instrument in writing designed or intended to be used as a
1853. 398
circulatino; medium, as and in lieu of money, shall cause ;i
forfeiture of this charter.
§ 19. This act shall be deemed a public act, of which
all courts and magistrates shall officially take notice, and
shall take etfect from and after its passage.
Approved February 10, 1853.
jn iiirce Feb. 3, AN ACT lo amend the charter of the City of Peru.
1853.
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General .Assembly, That the
Taxes. limitation in section one of the fifth article of the charter
of the city of Peru shall extend to taxes for general pur-
poses only, and that the city council be and they are hereby
authorized to levy such additional taxes as may be neces-
sary and proper, to pay the interest upon the bonds issued
by the city on account of railroad stock, or other public
improvement authorized by the voters of said city ; and
also, such further taxes as may be necessary and proper to
Comraun schools, establish and maintain a system of common schools in said
city; and such additional taxes shall be kept separate from
the taxes for general purposes on the city tax list, and
shall be payable in money only, and appropriated to the
purposes for which the same may be levied : Provided,
that the limitation of the aggregate amount of interest
Borrowed money upon all sums borrowcd by the city, as provided in section
three of said fifth ariicle, shall not be held to extend to
interest upon bonds for public improvements authorized
by the voters of the city, as above provided : Provided^
also, that the power given to said city to levy taxes therein
for common school purposes, shall be to the exclusion ol'
taxes for school i)urposes within said city, under the gen-
eral laws of the state.
s.h.01 houses. § 2. That the pujlic school houses and real estate,
and other public school property in said city not belong-
ing to the fund arising from section sixteen, shall be held
in trust by the city of Peru for the use of schools, and any
suit or action to recover possession, or protect the same,
or for damages thereto, may be maintained in the name of
said city.
§ 3. That said city of Peru is hereby authorized to
•n.rnpikoroa.i. ^^^^^j.^^^^. .^^^ maintain a turnpike road or roads, planked
or macadamized, from any point or points in said city de-
termined upon by the city council, to such point or points
on the line betwen the city of Peru and the city of La
Salle as may be deemed best by the city council, and
399 1853.
when said city council shall determine that any such road
IS comp eted and fit for use, they shall have pow'er to estab-
lish a toll-gate or gates, and to demand and collect tolls
upon any such road, not exceeding five cents for each
waggon, carriage, dray, cart, or other vehicle drawn bv
not more than two horses, or other animals, and one cent
tor each of such animals over two, and one cent per head
tor horses, cattle, mules or asses i>ot in teams, and one-
Jourth of a cent per head for swine or sheep.
§4. That said city of Peru may auliiorize any such Road
road to be constructed by a joint stock company or cor- ''
constri!ctc<
^y Joint stock
! . ""^ "J •••■ jwmt aiuuit. uuijipanv or cor-
} poration organized under the general plank road laws of
; the state, in such manner as said city shall determine, and
j wuli such powers and rights as said city might have and
.may confer upon such joint stock company or corporation;
I and whether such road or roads be constructed or main-
tained b3' said city or by such company or corporation, the
' same shall be under the regulations of the general plank
' road laws of the state, so far as applicable
: § 5. That the cities of Peru and La Salle may agree Koads exte..
that any such road or roads shall be extended to such ^^^^sli.^
i point or points in the city of La Lalle as may be agreed
. upon, and upon such terms as may be agreed upon, in Shich
! case said two cities shall have all the powers to act iointlv
by agreement that are conferred upon the city of Peru in
tfie third and fourth sections of this act.
§ 6. That the mayor of said city of Peru, before exe- ^ .•
cuting any deed of real estate sold for taxes or assessments ="""-.:
in sa.d city, under the authority of said city, shall ascer-
, ain and satisfy himself that the proceedings preliminary
1 to the execution of such deed have been legal and as re-
quired by the laws of the state and ordinances of the city,
. and such deed, when executed and delivered, shall be
prima facie evidence of the legality of such proceedings.
Approved February 3, 1853. ^
Toe F. !•. V,
1853.
A^f ACT to incorporate the Kankakee Bridge Company.
Skction 1. Be it enacted bi; the people of the state of l/li.
SaJ Win^:^^n''l ^---^-^---^^^y. That Thomas 00.0....
Noe V^' T? ^"'';^l"' J^mes Lamb, Virgil Lamb,
Noel Vassteur Henry G. Hall, Samuel L. Knigi t, Francis
Segu.n, David Perry, Medore MaMin and Peter Spink
nofif .""T'"''"*'' 'r ''^'g"^' ^^^ ''^'^-^by created a body
kakee BridrT''''' ^^.'''' T^ '"^ ''^'^' ^^^''^iie Kan-s...
kakee Bridge Company," and by that name and style may
1853.
400
Geuerai power., sue and be sued, plead and be impleaded, defend and be
defended, in all courts of law and equity ; may adopt and
use a common seal, and alter and change the same at
pleasure ; and are hereby vested with all the powers, priv-
ileaes and immunities wiiich are or may be necessary to
can-y into effect the purposes of this act. Said company
mav purciiase, hold and convey any real and personal
estate that may be necessary to enable tJicm to carry out
and accomplish the objects of this corporation, not exceed-
ing in value (aside from said bridge) of ten thousand dol-
lar^. Said company shall have power to borrow money
for the purpose of building or re-building and keeping in
repair their said bridge, and for no other purpose, and not
exceedincT in amount one-half of their capital stock, and
for that purpose, and no other, they shall have power to
mortgao-e their said bridge, its tolls, and all their privileges.
Said company are authorized and empowered to locate,
construct, complete and keep in repair a toll-bridge across
the Kankakee river, near to and withm one-lialt mile ot
where the east branch of the Illinois Central Railroad
crosses said Kankakee river, and to obtain the right of
way at, to and from said bridge, to connect with any pubic
highway necessary for the use of said bridge, either by
purchase, cession, grant, or in the manner prescribed by
law for obtaining the right of way for public roads, canals,
railroads or other public works.
§ 2. The capital stock of said company shall be twelve
capital stock. ^^^^^^^^ doliars, but may be increased to twenty thousand
dollars, should the directors of said company deem such
increase necessary for the purpose of erecting, finishing
and maintaining said bridge, which shall be personal pro-
perty, and shall be divided into shares of one hundred
rav.uni in ad- dollars cach, and each subscriber to said stock shall pay
in advance at the time of subscribing five dollars on each
share, and shall be liable to pay the balance on such in-
stalments and at such times as the same shall be called in
or required to be paid by tlie directors; and the directors
shall have the power to declare any share or shares ot
E„forc« coiiec- stock forfeited for non-payment, or may enforce the col-
^'""- lection thereof by law. The corporators named in the first
section hereof, or a majority of them, may at any time
when they shall deem proper open books for tiie subscrip-
tion of the said capital stock, and keep them open such
time and at such place or i)laces as they or a majority oi
them shall deem necessary and proper; and when the
amount of four thousand dollars of said capital stock shall
have been bo7ia Jide subscribed, and the amount ot five
dollars on each and every share subscribed actually paid
in, the said corporators named in the fiist section hereot,
or a majority of them, may call a meeting of the stock-
board.
401 1853.
holders, by publishing a notice of the time, place and ob-
ject of said meeting, at least four weeks successively, pro-
vious to the time oj:' holding such meeting, in some public
newspaper published in WiJl county, or by servino- a writ-
ten or printed notice on each of said stockholders%t least
ten days previous to such meeting, and the certificate of
the publisher of such newspaper,' in case of publication
shall be sufficient proof of such publication. As soon asorgani.au
the board ot directors shall have organized after the first
election of directors, the commissioners appointed by this
act to open books and receive subscriptions of stock shall
deliver to the president of said company all books, papers
and moneys in their possession belonging to said company,
who shall deliver the same to the proper officers of said
company.
§ 3. At the first meeting of said stockholders, in pur- Pr,
suance of the notice specified in the last preceding sec-
tion, they shall choose a president and secretary from
among their number, and then shall elect, by ballot, five
directors, who shall be stockholders. Said directors shall
hold their offices until the first Monday of April succeed
iidCTlt
in or
their election,_and until their successors are elected.
and on the first Monday of April of each year, after the
first elections of directors, said company shall meet and
elect five directors for the ensuing year, but a failure to
meet and elect directors at said time shall not work a for-
feiture of this charter or efl^ect the rights of said company,
and directors may, in such case, be elected at a subs^ -
quent meeting, on due notice given for that purpose. The
directors shall choose a president from among their num-
ber, and shall choose or appoint such other officers and xppouu
agents as they may deem necessary; they shall have power
to make such by-laws, rules and regulations as may be
necessary for the transaction of their necessary business
and the conducting tlie aff^airs of said company, and may
aiter the same when necessary; and they shall "cause no-
tices to be given by publication, or otherwise, of the
annual meetmgs for the election of directors, for such
length of time as they may deem necessary, and at each
election every stockholder shall be entitled to one vote for
each share of stock owned by such stockholder, which
may be cast in person or by proxy duly authorized.
§ 4. Said company shall commence said bridge within Ti.ne of
one year, and complete the same within three years from ^'''"•
the passage of this act, and when completed, they may
demand and receive for passing over the same the follow-
ing rates of toll, viz: for each two-horse pleasure car-Toiis
nage or vehicle drawn by two horses or other animals,
twenty-five cents, and five cents for each additional ani-
mal in such team ; for each two horse lumber wagon or
[ A2 ]
ooniiile-
Keep in repair.
1853. 402
like vehicle, drawn by two horses or other animals, fifteen
cents, and for each additional animal in such team, five
cents ; for each one horse wagon or carriage, drawn by
one horse or other animal, ten cents ; for each horse or
other animal and rider, five cents ; for each foot passenger,
three cents ; for each head of horses, mules, asses or cat-
tle, under and to the number of twenty, not driven in team,
three cents, and for all over twenty, two cents each ; for
each head of swine or sheep, one cent.
§ 5. Said company shall at all times, after the comple-
tion of said bridge, keep the same in good order and re-
pair, with a safe and convenient passage to and from the
same, unless the same shall be carried away or injured l)y
high water or other casualty, and then it shall be speedily
re-built or repaired, and shall at all times allow a speedy
passage over the same during the continuance of this act,
which shall be fifty years.
§ 6. If any person shall wilfully do, or cause to be
done, any injury to said bridge or its abutments, piers, or
the passage or passages to or from the same, such person
or persons so offending shall forfeit and pay to said com-
pany not less than three times the amount of such injury,
and not more than five times the amount of such injury,
which may be recovered in an action of debt, before any
justice of the peace, to the amount of one hundred dollars,
or before any other court of competent jurisdiction.
§ ''• ^^y Person or persons crossing said bridge with
crossing. '"' any beast or animal faster than a walk, shall forfeit and pay
to said company five dollars for each and every such offence,
which may be recovered in an action of debt before any
justice of the peace, or otlier court of competent jurisdic-
tion : Provided, said company shall keep up at each end
of said bridge, in some conspicuous place, notice to that
eflfect in large letters.
§ 8. This act shall be taken and considered a public
act, and shall be liberally construed, and shall be in force
from and after its passage.
Approved February 12, 1853.
m force Feb. 9, AN ACT to incorporate the Grand Royal Arch Chapter of the State of Illi-
1863. nois, and the subordinate chapters under its jurisdiction.
Section 1. Be it enacted hy the people of the state of
Illinois, represented in the General ^^ssembli/, That the
corpuraus. Grand High Priest, Deputy Grand High Priest, Grand
King, Grand Scribe, Grand Treasurer, Grand Secretary,
Grand Chaplain and Grand Marshal for the time being, and
their successors in office, the Past Grand High Priests,
Penalty
403 1853.
Past Deputj Grand High Priests, Past Grand Kings and
Past Grand Scribes of the Grand Royal Arch Chapter of
the State of Illinois who shall be and rem;un members of
subordinate chapters, together witli the High Priests, Kings
and Scribes of the several chapters subordinate to said
Grand Chapter, while holding said offices, shall be and the
same are hereby forever declared and constituted into a
body politic and corporate, by the name, style and descrip-
tion of "The Grand Royal Arch Chapter of tlie State of^'>'«-
Illinois."
§ 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
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, by-laws, rules
and regulations shall not conflict with the constitution and
laws of this state and of the United States.
§ 3. The said corporation, by the name and style afore- p^g^, ^^^^^^^
said, shall, by their grand treasurer and grand secretar)',
be capable in law of purchasing, holding and conveying
real estate for the benefit of said corporation, to create a
charity fund and a fund in support of education, and for no
other uses or benefits whatever : Provided, that said cor-
poration shall not, at any one time, hold personal or mixed
property to an amount exceeding fifty thousand dollars,
nor real estate to an amount exceeding one thousand acres
of land.
§ 4. The said corporation shall have power to loan Loan money.
money belonging to the same, and take promissory notes
or other evidences for the money so loaned, which may be
recovered in their corporate name aforesaid, in all courts
and places whatever where judicial proceedings are had.
§ 5. The said corporation is also authorized to borrow Bonow money.
money in sums not exceeding five hundred dollars at any
one time, nor at a greater rate of interest than eight per
cent.
§ 6. The mode of service of any writ, summons or oth- process,
er process upon said corporation shall be by leaving an at-
tested copy of such writ, summons or other process with
the grand secretary, or in his absence, with the grand trea-
surer, or in the absence of both, at the last usual place of
abode of either of them.
§ 7. In the management of its business concerns said Management <
corporation is hereby authorized to appoint such agents, '"*^*''"'-
1853. 404
officers and attorneys for that purpose as from time to time
may be deemed proper.
subordinates. § 8. Each Subordinate chapter under the jurisdiction
of the aforesaid Grand Royal Arch Chapter now in exist-
also hereby declared to be a body politic and corporate, by
and under the name, style and number set forth in their re-
pective charters, and by such designation they may respec-
tively sue and be sued, plead and be impleaded, defend and
be defended against, in all suits arising in law or chancery in
ence, or which may hereafter be chartered by the same, is
all the courts of this state, and by said respective names
and numbers the said subordinate chapters respectively
shall be capable in law of purchasing or receiving, by pur-
chase, gift or otherwise, and of selling and conveying real
and personal estate for the benefit of said subordinate chap-
ters respectively : Provided, that neither of said subordi-
nate chapters shall at any one time possess more than five
hundred acres of land, or hold real estate exceeding in
value twenty-five thousand dollars each.
, ,. ,, , 5 9. So far as applicable, the provisions of sections
Applicable to i rr ^ , . i ii i ^■ \.^ *.
suboiviinates. four, five, SIX and seven of this act shall be applicable to
each of said subordinate chapters.
suboniinatos § 10. In casc any Subordinate chapter undcr the juris-
cease to exist, (jictiou of Said Grand Royal Arch Chapter should cease to
exist, or forfeit its charter, then all the estate, real and
personal, togetlier with all the records, books, papers,
vouchers, furniture, jewels, seals and fixtures belonging to
such chapter shall immediately vest in the said Grand Roy-
al Arch Chapter, and all personal property, the books, rec-
ords, papers, vouchers, jewels, seals, furniture, deeds, mon-
eys, evidences of debt, leases or mortgages belonging to
said chapter so forfeiting its charter or ceasing to exist,
shall be delivered over by the last secretary or treasurer
of the same to the proper officer or agent of said Grand
Royal Arch Chapter on demand, and on failing to do so,
each and every member of such delinquent chapter shall
be individually liable to said Grand Royal Arch Chapter
in an action of debt for the full value of the same.
file j^ruccedings § H. The Said Grand Royal Arch Chapter shall annu-
ccretaiy ally ^^\q vi'itii the Secretary of state the ])rinted copy of its
proceedings, together with a list of its officers and a list ot
the said subordinate chapters, their officers and members,
which shall be evidence of all it contains in all matters af-
fecting any of said corporations, so far as ajjplicable to them
respectively. This act shall be taken to be a public act,
and shall be liberally construed. It shall also take effect
from and after its passage.
Approved Februar) 9, 1853.
o! sUite.
40^ 1853.
AN ACT (0 incorporate the Rutland Bridge Company. i,,"!!^. ,o,
Section 1. Beit enacted by the people of the slate of
illmms, represented m the General Assembly, Tiiat Joseph
O. Glover, R. Eaton Goodell and C. R. Potter, and thiir corp.«tor..
associates, successors, heirs and assigns, be and they are
hereby constituted a body corporate and politic, by the
name and style of "The Rutland Bridge Company," with
power to build, maintain and use a toll-bridge across the Tau-i- „,.
1 ox river, at any point within three miles above the mouth
ot said river, at Ottawa, in La Salle county, Illinois, and
to connect said bridge with any railroad at or near said
point, and to unite and consolidate its franchises and pro-
perty with any and all bridge or railroad companies: to fix
the amount of capital stock; to divide, transfer and increase capi*^ ..oc
the same; to borrow money, and pledge or morto-age its "'
property and franchises; to condemn prqjerty for the uses
and purposes of said company, in the manner and upon the
principle provided by the ninety-second chapter of the
Revised Statutes of this stale, entitled "Right of way ;" touig.t.f .-..
bargam and agree with any railroad company, or other
persons,_for and in the construction and maintenance of
such bridge, and to sell or lease said bridge, or the use of
the same, or the franchises of said company, to any com-
pany or corporation.
§ 2. The said bridge shall be deemed a public highway p„,u, ,,.-„..,-.
withmthe meaning of the laws providing for the p^mish- "'"'■'■'*'""" "
ishment ot persons injuring, obstructing or destroying pub-
Jic highways or bridges in any manner.
§ 3. Said company are authorized to charge and re-T„u
ceive such tolls for crossing on said bridge as may be fixed
by the president and directors of said company, not ex-
ceedmg the^ tolls now authorized by law to be received
by the Fox River Bridge Company, at Ottawa. This act
to be in force from and after its passage.
Approved February 10, 1853. "^
AN ACT for tl.e relief of the Rockford Water Pou-er Comi^any. in f..-.. Feb. lo
1853.
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General .assembly. That the D.-urec to ,. .
company known as the Rockford Water Power Companv '"'"^^' '°^p»^^"
formed under an act of the legislature of the state of Illi- "''"'""•
nois, entitled "An act for the Wprovement of the navicra-
tion of Rock river, and for the production of hydraidic
power, be and the same is hereby declared to have been
a body corporate and politic, by the name and style of
1853. 406
"The Rocliford Water Power Company," with all the powers
conferred by said act upon corporations organized under said
act, from the day when the articles of association of said
company were first filed with the recorder of the county
of Winnebago; any irregularity, omission, informality or de-
fective action in organizing said company according to the
requirements of said act to the contrary notwithstandmg.
§ 2. The signers of said original articles of association,
stccihoiders. ^^j ^j^g makers' or signers of all contracts or agreements
since made by any person or persons, firms or companies,
thereby agreeing, contracting or promising to take any share
or number of shares of the capital stock of said company,
shall be held and taken to be stockholders of said com-
pany to the number of shares taken by them respectively.
Act. declared And all the acts of said company electing directors, increas-
""'"• ing tlie capital stock of said company, and making calls upon
the stock subscribed, and all contracts, purchases and sales
of lands and water rights made by said company, when
made in good faith, shall be and the same are hereby de-
clared to be, to all intents and purposes, valid and binding
upon said company and the stockholders thereof.
increase icapitai § 3. The Said Company is hereby authorized, by the vote
stock. Qf the stockholders owning a majority of the capital stock
of said company, to increase its capital stock to any amount
not exceeding fifty thousand dollars, and to open books ot
subscription for that purpose, and to receive subscriptions
for as many sliares of said stock as may be subscribed tor,
and to collect the amount thereof according to the powers
conferred by the aforesaid act. And the said company are
hereby authorized to sue for and collect, in any court
having jurisdiction thereof, any calls that may be due or
become due from any of the stockholders of said com-
pany; or in case any of the stockholders shall refuse to
pay any calls due upon the said stock, alter notice theTeot
for thirty days in some newspaper of the city of Rock ord,
stock forw.cd. to declare such stock forfeited to said company, and the
several shares of stock of said company are hereby made
, . ,, assignable, but the said company shall not be bound by
A,,,gna,e. ^^^^^i. assignment until the stockholders making such as-
signment shall cause the same to be made upon the trans-
fer books of the said company.
^ 4. In case the said company shall, by the construc-
tion of their said works, overllow any lands belonging
to any other person, or in case it shall appear to said coni-
pany that the construction and completion of their said
works will everflow any lands belonging to any other person
or i)crsons, it shalU be their duty and they are hereby au-
thorized to apply to the county court of Winnebago county
for a writ of ad quod damnum, or in case there shall be no
judge of any court, or he shall be absent from the county.
;:agcs.
407
1863.
age.
or shall, in any manner, be interested in the execution of
said writ, then and in that case the said application shall
be made to the circuit court of said county at any term circuit court.
thereof, and such proceedings shall be had as is now re-
quired by the statute in that belialf.
§ 5. The said company are authorized and empowered i^oitow money.
to borrow from time to time such sum or sums of money
not exceeding the capital stock of the company, as in their
discretion may be necessary to aid in the construction of
the said works, and to pay any indebtedness which shall
have accrued against said company in the premises, and
to pay any rate of interest therefor not exceeding twelve
per cent, per annum, and to pledge and mortgage the works Mort;
of said company and their appendages, or any part there-
of,_or any other property or effects, rights, credits or fran-
chises of the said company as security for any loan of mon-
ey, and interest tliereon, and to dispose of the bonds of said
company for such loan, at such rate, in such amounts and
upon such terms as the board of directors may determine.
& 6. The directors of said company are hereby author- Bv-ia
ized to make such regulations and by-laws respecting the
affairs of said company, and the management therejf, as
they may deem necessary, not inconsistent with the laws
and constitution of this state and the United States.
§ 7. This act shall, in the courts of this state, be held
to be a public act, and shall take effect from and after its
passage.
Approved February 10, 1853.
AN ACT to incorporate the Northern Illinois Agricultural Colleo-e.
In force Feb. 123
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assernhhj, That John corpo.a
Colyin, Smiley Shepherd, John Grable, L. L. Bullock, Lewis
Beck and William A. Pennell, and tiieir successors, be
and they are hereby created a body politic and corporate,
by the name and style of "The Northern Illinois Agricul- stvie.
tural College," and by that name and style to remain and
have perpetual succession. The institution shall remain
and be permanently located within the limits of Putnam
county, at such place as shall be determined hereafter by
the stockholders: Provided, that it shall require a ma-
jority of all the stockholders to determine such place or
location.
§ 2. For the present, the aforesaid individuals shall'
constitute the board of trustees for said institution.
1853.
Local i
1853. 408
.jecJs. § 3. The object of said corporation shall be the pro-
motion of the general interests of agricultural and me-
chanical education, and to qualify students to engage in
the several pursuits and employments of society, and to
discharge honorably and usefully the various duties of
life.
iporatc powers § 4. The corporatc powers hereby created shall be
such only as are essential or useful in the attainment of
said object, and such as are usually conferred on similar
bodies corporate, viz : to have perpetual succession, to
make contracts, to sue and be sued, to plead and be im-
pleaded, to grant and receive by its corporate name, and
to do all other acts the same as natural persons ; to accept,
acquire, purchase or sell property, real, personal or mixed,
in all lawful ways, to use, employ, manage and dispose of
all such property and money belonging to said corporation,
in such manner as shall seem to the trustees best adapted
to promote the objects aforementioned, and to have a com-
mon seal, and to alter the same at pleasure ; to make such
by-laws for its regulation as shall not conflict with the
constitution and laws of the United States or of this state,
i.nd to confer on such persons as may be considered worthy
such academical and honorary degrees as the nature and
title of the institution indicate.
airseofstuaies § 5. The trustccs of the corporation sliall have au-
thority from time to time to prescribe and regulate the
course of studies to be pursued in said institution, and in
the preparatory departments attached thereto; to fix the
rate of tuition, room rent and college expenses ; to ap-
piK.int officers, point iustructors and such other officers and agents as may
be necessary in managing the concerns of the institution,
to define their powers, duties and employments, to fix their
compensation, to displace and remove either of the in-
structors, officers or agents as said trustees shall deem to
the interest of the said institution to require ; to fill all va-
cancies among said instructors, officers and agents; to
rfct, iniiidin?.-. purchase lands, erect suitable buildings, to purchase books
and chemical and philosophical apparatus, and other suita-
ble means of instruction; to put in operation a system of
manual labor for the purpose of lessening the expenses of
education and promoting the health of the students, and to
add, as the ability of said institution shall increase and the
interest of the community shall require, additional depart-
ments for the study of the agricultural and mechanical arts
on scientific principles.
^^^^^_^_ trustee § ^' '^^^ trustees shall have power to remove any
""'"^'trustee from his office of trustee for any dishonorable or
criminal conduct : Prcvided, that no such removal shall
take place without giving to such trustee notice of the
charges exhibited against him, and an opportunity to de-
409 1858.
fiend himself before the board, nor unless two-thirds of th^
whole number of trustees shall concur in such removal.
|The trustees shall also have power, in case of a removal
ifrom office, death, resignation, or a removal out of tlie state,
iof any one of their number, to fill such vacancy occasioned ^^'"^''''^'^'"'■''
by such removal, death, resignation, or removal out of the
state, to serve until the next annual election to be held as
hereinafter provided. A majority of trustees shall be suffi-
cient to constitute a quorum to do business.
§ 7. This corporation shall have power and authority ^^''''■'"^*"''^'
to raise a capital stock, in shares of fifty dollars each, to
the amount of one hundred thousand dollars, exclusive of
such sums as may be given by donation, bequest or other-
wise, to be used as a college fund, and devoted exclusively
to the purposes of education, and that so soon as two hun-
dred shares or ten tliousand dollars of said stock shall be
subscribed, the stockholders will be hereby authorized to
organize and locate said institution.
§ 8. The trustees shall faithfully apply all funds by them ^PPi^^'''*'0" '''
collected, or to be collected hereafter, according to their
best judgment, in purchasing lands, erecting suitable build-
ings, in supporting the necessary instructors, officers and
agents, in procuring books, maps, charts, globes, philosophi-
cal and chemical apparatus necessary to aid in the promotion
of sound learning in the institution : Provided, that in case P''^'^'*^"-
S'iny donation, devise or bequest shall be made for particu-
ar purposes, accordant with the objects of the institution,
and the trustees shall accept the same, every such dona-
tion, devise or bequest shall be applied in conformity with
^he express condition of the donor or devisor : Provided^
also, that lands donated or devised as aforesaid shall be
sold or disposed of as required by the fourteentli section
of this act.
§ 9. The treasurer of said institution always, and alP™''"^'
other agents when required by the trustees, before entering
upon the duties of tlieir appointment, shall give bonds for
the security of the corporation in such penalsum and with
such securities as the board of trustees shall approve, and
all process against the said corporation shall be by sum-
mons, and service of the same shall be by leaving an
attested copy with the treasurer of said institution at least
thirty days before the return day thereof.
§ 10. Tiie trustees of said institution shall not exceed jto. of trnstoes.
six, exclusive of the president, principal, or presiding
officer of said institution, who shall be ex-oj/icw a mem-
ber of the board of trustees. Said trustees siiall be elected Time of election,
annually on the third Thursday in October, at such place
within the county of Putnam, and under the direction of
such persons as a majority of the trustees for the time be-
seeretary.
1853. 410
ing shall appoint, by a resolution to be entered on thei
minutes.
§ 11. All elections shall be by ballot, and may b
given in person or by proxy, allowing one vote to eac^
share of tlie capital stock, and such persons at said elec
tion having the greatest number of votes, shall be trustee
of said institution; and if at any election any two or mon
out of the six who have the greatest number of votes shal
have an equal number of votes, so as to leave their elec
tion undecided, then the trustees who have been dul3
elected shall proceed by ballot, and by a plurality deter-
mine which of said persons so having an equal number o;
votes shall be trustee or trustees, so as to complete tht
whole number.
^'!fpr«t?rt ""'^ ^ ^^" '^'^^ trustees shall elect a president and secre-
tary of the board of trustees from among their own body,
and also appoint some suitable person the treasurer of said
institution, to serve for the term of one year, and until his
successor sliall be api^ointed.
Open to all de- § 13. The Said institution and its preparatory depart-
christiansT "*ments shall be open to all denominations of christians, and
the profession of any particular religious faith shall not
be required of those who become students. All persons,
however, who are idle or vicious, or whose characters are
immoral, may be suspended or expelled.
Property. § 14. The lands, tenements and hereditaments to be
held in perpetuity in virtue of this act by this corporation
Proviso. shall not exceed one thousand acres : Provided., huicever,
that if donations, grants, or devises in lands shall from
time to time be made to this corporation, over and above
one thousand acres, which may be held in perpetuity, as
aforesaid, the same may be received and held by sucii cor-
poration for the period of ten years from the date of every
such donation, grant or devise ; at the end of which time,
if the said lands, over and above the one thousand acres,
shall not have been sold by the said corporation, then and
in that case the said lands so donated, granted, or devised
shall revert to the donor, grantor, or the heirs of the devi-
sor of the same, if the donor, grantor or the heirs of the
same shall so demand,
'taxauon "°°' ^ ^^" ^^^ ^''*^ ^'*^*^ ^"^ personal estate belonging to or
to belong to said corporation sliall be exempted from tax-
ation for any and all purposes whatever.
Approved February 12, 1853.
411 1863.
AN ACT to amend an act entitled "An act to incorporate the Mechanics' in force Feb. lo,
Institute, in the city of Chicago,'' approved January 2d, A. D. 1843. 1853.
Section 1. Be it enacted by the peojjle of the state of
Illinois, represented in the General jissemblij, That for Real estate.
the purpose of enabling the said Mechanics' Institute to
purchase and hold such real estate in the city of Chicago,
and of the erection thereon of such buildings as the said insti-
tutemay require, the said Mechanics' Institute is hereby au-
thorized and empowered, at any time liereafter when it is
is thought best, by a resolution to be entered upon the re-
cords of said institute, to create a capital stock of one capUa! steet.
hundred thousand dollars, divided into shares of ten dollars
each, with the privilege to said institute, at any time there-
after, of increasing the same to a sum not exceeding, in the
aggregate, five hundred thousand dollars, to be subscribed
for under such restrictions and in such manner, and to be
paid in by such instalments, at such times and places,
in such proportions, and subject to such forfeitures for
non-payment of instalments, as said Mechanics' Institute
may think proper to prescribe. Said capital stock, when
subscribed, shall be under the control of said institute,
through the board of trustees, to be created as hereinafter
mentioned, and shall be only used for the purposes of pur-
chasing or paying for a lot or lots in said city of Chicago,
the erection thereon of such building or buildings as may Buildings.
be deemed by said institute necessary or proper for its use,
and to aid in effecting the objects of said institute as the
same are set forth in the second section of the act to which
this is an amendment. And the said Mechanics' Institute
is hereby authorized to purchase and hold such lot or lots
in Chicago aforesaid, for the purposes aforesaid, of a
value not exceeding, at the time of purchase, the sum of
fifty thousand dollars, and to erect such buildings thereon,
at any time thereafter, as said institute may deem proper.
The money that shall or may be raised upon the stock so i'i>*po»'''on of
to be subscribed as aforesaid shall be held by said insti-
tute as a separate fund by itself and apart from the general
fund of said society, and shall, in no event, be liable for
or taken to pay any of the debts of said society, excepting
those that may be incurred for the purpose for which such
stock shall be created as the same shall be expressed in the
subscription papers for such stock. The said institute
shall have the right to create a board of trustees, to be
elected, hold their office for such time, and have such pow-
ers as said institute may direct ; but said board, when crea-
ted, shall have the management and control of the funds to
be raised from said stock, and shall give such security as
said institute may require.
1853.
Act repealed.
412
§ 2. So much of said act of which this is an amend-
ment as conflicts with the substance and spirit of this
amendment is hereby repealed.
§ 3. The members of the Mechanics' Institute sliall be
competent witnesses in all cases in which said institute may
be a party, whether suits shall be between said institute and
members thereof or any other persons, and the fact of
membership shall only go to the credibility of such witness.
§ 4. This act shall take efl^'ect from and after its pas-
sage.
Approved February 10, 1853.
;i loi'ci! Fob
1-2, AN ACT to create and establish tl.e Mississippi and Fevfe River Porta-e
Canal Company^ °
Section 1. Be it enacted by the people of the state of
mmois, represented in the General Assembly, That John
Dement, of the county of Lee, and James Carter, of the
county of Jo Daviess, and their associates, successors,
heirs and assigns, are hereby created a body politic and
corporate, under the name and style of "The Mississippi
and Fevre River Portage Canal Company," and by that
name and style shall have perpetual succession; and said
-••^. company are hereby made capable of suing and bein^ sued,
of pleadmg and being impleaded, of defending and" being
aefended, m all courts of law or equity or other places, in
this state or elsewhere, of contracting and being contract-
ed with ; and said company shall have authority to make,
have and use a common seal, and the same to renew and
alter at pleasure; and said company are hereby vested with
all powers, privileges and immunities which a"re or may be
necessary to carry into effect the objects and purposes of
this act hereinafter mentioned, set forth or referred to, and
to exercise and enjoy, for the purposes of said company,
the rights and privileges of natural p(^rsons.
)n- § 2. Said company arc hereby authorized and empow-
ered to locate, construct, establish and fully and finally
complete a steaml)oat canal to connect the waters of tlie
Mississippi and Fevre rivers at a place or slough called
Portage, at or near section one, townshi]) tweirty-seven
north, range one west, in the county of Jo Daviess; in said
state ; and the said company arc herebv empowered to
make said canal of sufficient width and "depth to admit
steamboats and other water crafts naviga.ing or plying on
said rivers to pass through the same, and may erect 'and
maintain all such locks and embankments as may be ne-
cessary to render the navigation by or tliiough said canal
413
1853.
good and sufficient ; and for the purpose of constructing
the said canal, and for materials— stone, earth and o-ravel
the said company may take and use as much more land on
the sides of the said canal as may be necessary for the
proper construction and security^iof the same, in conformi-
ty with -'An act to amend the law condemning rio-ht of
way for the purposes of interna] improvement,"''apm-oved
June 22d, 1852. Uxoveu
§ 3. The capital stock of said company shall be fifty caoiui ^
thousand dollars, and may be increased to any such sum
as may be necessary to fully and finally complete said ca-
nal, and to equip and manage tlie same. The immediate
control, government and direction of the affairs and organ-
ization ot said company and company franchises shall be
vested in tiie persons named in the first section of this act,
witii power and authority to adopt such rules and by-laws
and all other things to do and perform necessary to the
complete organization of said company, and to conducting
the same, and to provide for opening books and obtaining
subscriptions to the capital stock of said company, and for
the calling of meetings of the same ; the shares to be divi-
ded into sums of one hundred dollars each.
§ 4. Tiie company hereby incorporated shall have pow- sonow m
er to procure a loan or loans of money as may be deemed
necessary for the construction of said canal, and may pledge
the said canal for the payment thereof.
§ 5. The said company shall have power and authority cm canai
to agree with any person or persons in behalf of said com-
pany to cut the said canal, and execute such other works
as shall be deemed necessary for the due navigation of said
canal and such works as are necessary thereto; to appoint
sucn toll-gatherers, managers and operatives as they shall
deem requisite ; to make and establish rules of proceeding,
and transact all other business and concerns of said com-
pany necessary for its control and management, not incon-
sistent with the laws of this state or the United States.
§ 6. The said company are hereby empowered to de-Toiis
naand and receive, at appropriate places on said canal, for
all steamboats, keel boats, barges, raits, flat boats or other
water crafts passing through said canal, such rate of tolls
as the company may establish, not to exceed the followino
rates : For every steamboat, three dollars ; for every keel
boat, one dollar and fifty cents ; for every barge, one dol-
lar and fifty cents ; for every flat boat, one dollar ; for ev-
ery raft of boards, plank or square timber, not exceeding
one hundred feet in length, two dollars and fifty cents ; for
every raft of boards, plank or square timber exceeding one
hundred feet in length, four dollars ; for every raft of saw
logs, not exceeding one hundred feet in length, two dollars
and fifty cents ; for every raft of saw logs'exceedino- one
1853. 414
hundred feet in length, four dollars ; for every other raft,
three dollars ; for every lighter, one dollar; for every craft
of smaller denomination, fifty cents.
§ 7. This act shall be deemed and taken in all courts
and places as a public act, and shall be in force from and
after its passage.
Approved Febuary 12, 1853.
In force FeD. 9, AN ACT to incnrporate the Calhoun County Agricultural Company.
1853.
Section 1. Bt it enacted by the people of the state of
Illinois, represented in the General Jissembly, That Ben-
corporators. jamin Bcclc, Edward C. Bosbysliell, Lafayette McCrillis,
Paris H. Mason and Henry G. Stiles, and their associates,
successors and assigns, are hereby created a body cor-
styie. porate and politic, under the name and style of "The Cal-
houn County Agricultural Company," with perpetual suc-
cession, and by that name be and they are hereby made
General powers, capable, in law and in equity, to sue and be sued, plead
and be impleaded, defend and be defended, in any court of
law or equity in this state, or any other place ; to make,
have and use a common seal, and the same to renew or
alter at pleasure ; and shall be capable in their corporate
name aforesaid to purchase, hold and convey any real
estate, lands, tenements and hereditaments, in the county
of Calhoun and state of Illinois, not exceeding ten thou-
sand acres in all, and such personal goods and chattels as
may be necessary to the objects of this incorporation, and
shall be and hereby are vested with all the powers, priv-
ileges and immunities which are or may be necessary to
carry into effect the purposes and objects of this act.
stock. § 2. Tlie stock of said corporation shall be divided
into one hundred shares of one hundred dollars each, and
it shall be lawful for the president and directors of said
corporation to call for and demand of the stockholders
respectively all such sums as are subscribed for by them,
at such time and in such proportion as they shall deem fit,
not exceeding ten dollars on each share at any one time,
under penalty of the forfeiture of their shares, and all pre-
vious payments made thereon, to the said corporation;
shall give at least ten days' notice in writing of such call
and demand.
CoBstrua fence. § 3. The company shall have the right, and are hereby
vested with the power to locate and construct a fence
running from the Mississippi river, on section twenty-two,
in fractional township thirteen south, and range one west
of the fourth principal meridian, to section nine or ten in
415 1853.
laid fractional township, so as to make one lot or common
'eld of all of the lands lying and being in said fractional
pwnship, east of said fence, between the said two rivers,
Ind the right to restrain any person or persons from turn-
ing any cattle, liorses, or other stock whatsoever out at
|irge within said enclosure, except at such times as said
ompany may direct and allow.
§ 4. Tlie said corporation are hereby authorized, by tlieir suivoys.
.gents and surveyors, to cause such an examination and
urvey to be made as shall be necessary to determine the
oute for the line whereon to construct said fence; and it
hall be lawful for said company to enter ujton and take
ossession of and use all such land and real estate as may
e necessary for the construction and maintenance of said
mce, and also, as soon as said fence mayor shall be com-
leted, or as soon thereafter as the directors of said com-
any may direct, erect good and substantial gates across
ny roads in the line of said fence leading across said en-
losure heretofore or hereafter to be laid out or located
y authority of law, and drive back all cattle and stock
whatsoever, and turn the same out of said enclosure,
which may be found running at large in the same : Pro-
ided, that all lands or real estate entered upon and taken
ossession of and used by said company for the purposes
f maintenance and accommodation of said fence, or upon
rliich said fence shall have been located or determined
y said company, shall be paid for by said company in
lamages, if any be sustained by the owner or owners Damages.
hereof, for tlie use of the same, for the purpose of said fence;
nd all damages, that may accrue to any person or persons
?ho own lands or real estate within the boundaries of said
ield, by reason of not letting stock run at large in the
ame, in damages, if any be sustained by the owner or
wners of land thereof ; and all lands entered upon and
aken for the use of said corporation, which are not do-
ated to said company, or the right of way to the same,
hall be paid for by said corporation at such price as may
e mutually agreed upon by the said company and the
jwner or owners of such lands ; and in case of disagree-
inent, the price shall be estimated, fixed and recovered in
he manner provided for taking lands for the construction
f public roads.
§ 5. If any person or persons shall wilfully or mali- penalty lorinju-
liously or wantonly turn in any kind of stock into said en- ^^''
ilosure, or negligently open any gates, or tear down or
lestroy any thing, or do any act by which said company
»e damaged, he, she or they, or any person assisting, shall
Drfeit and pay to said company, for every offence, treble
he amount of damage that shall be proved before any com-
)etent court having jurisdiction of the amount claimed, and
1853. ' 416
be sued for in the name of said company, and such offend-
er or offenders shall be deemed guilty of a misdemeanor,
and shall be liable to an indictment in the same manner as
other indictments are found in like cases.
Management of § 6. The stock, property, concerns and affairs of the said
aTiirs. corporation shall be managed and conducted by three di-
rectors, who shall be annually elected on the first day of
March, at such places as the by-laws of said corporation
shall direct, by giving notice in writing at least thirty days
to each stockholder of the time and place previous thereto,
and the election shall there and then be made by sucl
stockholders as shall then and there attend for that purpose.
in person or by proxy ; and all elections shall be by ballot,
each share iiaving one vote, and the persons having tin
largest number of votes shall be the directors for said year:
and the directors, soon as may be practicable after their
election, shall proceed in like manner to elect one of their
number president.
Vacancy. § 7. If any vacancy shall at any time happen among
the directors elected by the stockholders as aforesaid, by
death, resignation or otherwise, such vacancy shall be filled
by such person or persons as the remaining directors shall
appoint.
§ 8. That in case it shall at any time happen that an
election of directors shall not be made on the day pursuant
to this act it should have been made, the said company shall
not for that cause be dissolved, but it sliall be lawful to
hold such election on such other day in the manner afore-
said as shall be regulated by the by-laws of the company..
§ 9. That the majority of the directors for the time be-'
'^'^ "'' ing, either by person or by proxy, (provided the said ii
jority are owners of more than one-half of the number of
shares owned by the whole,) shall have the right to form a
board or quorum for the transaction of business for the said
company, and shall have power to make and prescribe such
by-laws, rules and regulations, not repugnant to the constitu-
tion and laws of the United States and this state, as to them
shall appear needful and proper, touching the concerns of
said company, and shall have power to appoint and em-
ploy as many agents and laborers for carrying on the busi-
ness and objects of said corporation, with such pay and
allowance as they may see fit and proper.
5 10. That the stock of said company shall be deemed'
stock personal b . , , n i ■, • ^ i, II i
i-roiHity. personal estate, and transferable m sucli manner as shall I
be prescribed by the by-laws of said company.
Trnr.Mov or stock §11- That no transfer of said stock shall be valid ori
effectual until such transfer shall be entered or registered)^
417 1853.
by the officers duly appointed for that purpose, in a book
to be kept by the president and directors for that purpose.
§ 12. This act to take effect from and after its passao-e.
Approved February 9, 1853. °
AN ACT to incorporate the Pekin Water Company, In fo,.cp p^,,,. p,
1853.
Section 1. Be it enacted hy the people of the state of
Illinois, represented in the General Assembly, That Samuel
P. Baily, Peter A. Brower, Benjamin S. Prettyman, Benja-^^orporar.rs.
min Kellogg, jr., J. C. Thompson, Daniel McCook, Henry
Wisner, Peter Weyrick, Daniel M. Baily, William B. Doo-
little and Middleton Tackaberry, and such other persons
as they may associate with them for that purpose, are here-
by made and constituted a body corporate and politic, by
the name and style of "The Pekin Water Company," with
perpetual succession ; and by that name and style shall b« General pow«s.
capable in law of taking, holding, purchasing, leasing,
selling and conveying estate and property, real, personal
and mixed, so far as the same may be necessary for the
purposes hereinafter mentioned, and in their corporate
name may sue and be sued ; to have a common seal, which
they may alter or renew at pleasure; may have and exer-
cise all powers, rights, privileges and immunities which
are or may be necessary to carry into effect the purposes
or objects of this act as the same are herein set forth.
§ 2. The Pekin Water Company shall have full power Power to buirn.
and authority to locate, and from time to time alter, change,
relocate, construct, reconstruct and fully finish, perfect
and maintain all such works, dams, canals, water reser-
voirs, water pipes, mills, pumps, steam engines, aqueducts,
hydrants and all such houses and buildings necessary for
water works to supply with water the city of Pekin, in the
county of Tazewell, and state of Illinois; and for that pur-
pose the said company shall have full power and authority
to lay out, designate and establish their said water works,
and may take and appropriate to their own use any lands
necessary for said water works, not exceeding sixty feet
in width along the entire line from the lake east of the
city of Pekin, called and known by the name of "Baily's
lake," to and through any part of said city— said company
taking all such lands by gift, purchase or condemnation,
and making satisfaction for the same as hereinafter provi-
ded.
§ 3. The said company, and under their direction their Right of w»t.
agnts, servanti and workmen, are hereby authorized and
[ B2 ]
1853. 418
empowered to enter into and upon the lands and grounds
of or belonging to the state, or to any person or persons,
bodj' politic or corporate, and survey and take levels of
the same, or any part thereof, and to set out and ascertain
such parts as they shall think necessary and proper for the
constructing of said water works, and for all purposes con-
nected with said water works ; which said corporation, by
the last preceding section, is authorized to have, take and
appropriate any lands, and to fell and cut down all timber
and other trees standing within fifty feet of the line of said
water works — the damages occasioned by the felling of said
trees, unless otherwise settled, to be assessed and paid for
in manner hereinafter provided for assessing and paying
damages for land taken for the use of said water company,
the said company doing as little damage as possible in the
execution of said power hereby granted, and making satis-
faction in the manner hereinafter mentioned for the dama-
ges to be sustained by the owners or occupiers of said
land.
uranta, kc. § 4. The Said company shall have power to take, re-
ceive and hold all such voluntary grants and donations of
land and real estate for the purposes of said water works
as may or shall be made to said company to aid in the con-
struction, maintenance and accommodation of said water
works ; and said company may contract and agree with the
owner or occupiers of land upon which said company may
wish to construct said water works, or which said company
may wish to use for the purpose of procuring stone, sand,
gravel or earth or other materials to be used in dams, walls
or otherwise in or about the construction, repairs or en-
joyment of said water works, or which said company may
wish to use or occupy in any manner or for any purpose or
purposes connected with said water w^orks; which said
company is authorized and empowered by this act to have
Hisbtufway. or appropriate any lands, and to take and receive grants
and conveyances of any and all interests and estate thert
in, and to them and their successors or assigns, in fee or
otherwise ; and in case said company cannot agree with
such owner or owners or occupants of such land as afore-
said, then the price and value of such lands may be fixed,
estimated and recovered in the manner provided for taking
lands for public roads, canals or other public works as pre-
scribed by the act relating to "right of way," approved
March 3d, 1845; but when tlie owners or occupiers, or
either of them, of such lands shall be a fcmme covert^ in-
fant, non compos mentis^ unknown or out of the state or
county in which the said lands or property wanted may be
situated, the said company shall pay tiie amount that shall
be awarded as due to the last mentioned owners respec-
tively whenever the same shall be lawfully demandedj that
419 1853.
to ascertain the amount to be paid as above to said owners
or occupiers for land and materials taken for the use of
said company, it shall be the duty of the governor of the
state, upon notice given to him by the said corporation, to
appoint three commissioners, to be persons not interested
in the matter to be determined by them, to determine
the amount of damages vi^hicli the owner or occupiers of
the land or real estate so entered upon by the said corpo-
ration has or have sustained by the occupation of the same ;
and it shall be the duty of the commissioners, or a majority
of them, to deliver to said corporation a written statement oo«^«"- ^nttc
of the award or awards they shall make, with a description *'*'"""^'-
of the lands or real estate by them appraised, to be recor-
ded by said corporation in the circuit clerk's office of
Tazewell county, and then the said corporation shall be
deemed to be seized and entitled to the fee simple of all
such lands and real estate, and shall exercise over the same
all rights, privileges, franchises and immunities in said act
contemplated : Provided^ that notice by publication in some p*''"''-^"-
newspaper in Tazewell county shall first be given, for thir-
ty days, to the owners or occupiers or unknown owners, as
the case may be, of the intention on the part of said cor-
poration to apply to the governor for the appointment of
commissioners as herein provided : >^nd jjrovided, further,
that any appeal that may be allowed under the provisions
of this act above mentioned, or any general law of this state,
shall not affect the possession by said company to any of
the lands appraised or taken under this act ; and when the
appeal maybe taken, or a writ of error prosecuted by any Appeal,
person or persons other than the said corporation, the same
shall not be allowed except on the stipulation of the party
so appealing or prosecuting such writ of error that the
said company may enter upon and use the land described
in the petition, or required by said company for the use and
purposes of said water works, upon said company giving
bond and security, to be approved by the clerk of the cir-
cuit court of Tazewell county, that they will pay to the
party appealing or prosecuting such writ of error all costs
and damages that may be awarded against them on the
first hearing of such appeal or writ of error, within thirty
days after the rendition of the same, or forfeit all rights to
use the land so condemned.
§ 5. The capital stock of said company shall be one Capuai stock.
hundred thousand dollars, which may be increased from
time to time by a majority vote in interest of the stockhold-
ers at their annual meeting, or any special meeting which
may be called for that purpose by the directors of said
company, to any sum not exceeding one hundred and fifty
thousand dollars; wliich stock shall be divided into shares
of one hundred dollars each, which shall be deemed per-
1853. 420
sonal property, whicl. may be issued, certified and transfer-
red in such manner and in such plans as maybe ordered and
provided by tlie board of directors, who shall have power
paymentuf tub- to require the payment of stock subscribed in the manner
iicnption. ^^^ ^^ ^j^g ^-j^^ ^j^^l -j^ g^^j^ sums as they may direct; and
on the refusal or neglect on the part of stockholders, or
any of them, to make payment on request of the board of
directors, the shares of such delinquents may, after thirty
days' public notice, be sold at auction, under such rules as
the directors may adopt. The surplus money, if any re-
mains after deducting the payment due, with interest and
costs of suit, to be paid to the delinquent stockholder.
The board of directors hereinafter named and appointed
shall cause books to be opened for subscription to the cap-
ital stock of said company at such time and places and in
such manner as they shall direct : Provided^ that as soon
as ten thousand dollars of bona fide subscription shall be
made, and five per cent, thereon paid in, it shall be lawful
for said company to commence the construction of said
water works.
§ 6. All tiie corporate powers of said company shall be
-oiporate powers ^^^^^^ in and cxerciscd by a board of directors, to consist
of not less than three nor more than five in number, and
such officers, agents and servants as they shall appoint.
The first board of directors shall consist of Samuel P. Bai-
ly, Daniel McCook, Benjamin S. Prettyman, Middleton
Tackaberry and Peter A. Brower, who shall hold their of-
fices until their successors are elected and qualified. Va-
cancies of the board may be filled by a vote of two-thirds
of the directors remaining — such appointees to continue in
office until the next regular annual election of directors
shall be held, and which annual election of directors shall
be held on the first Monday of January in each year, at
the office of the company, thirty days' notice being given
in a newspaper published in the city of Pekin.
^.^^^^ § 7. At any election of directors, each share of stock
shall be entitled to one vote, to be given either in person
or by proxy; and the persons receiving the largest number
of votes to be declared duly elected, and to hold their of-
fices until the annual election, and until their successors
are elected and qualified. All elections to be conducted
by three judges, to be selected by the stockholders present.
5 8. The office of said company shall be located in the
Oflice. ^ -TV 1 1 1 1 • I • 1 -1
city of Pekm, and the directors herein named are required
to organize the board by electing one of their number pres-
ident, and by appointing a secretary and treasurer.
chwsei. § 9- The said company shall have power to charge for
the supply of water to families, mills, distilleries, brewer-
ies, founderies, fire companies, or to any person or persons
and bodies corporate, applying to said company for a sup-
i
421 1823.
ply of water, such sums of money per annum as shall be
lawfully established by the by-laws of said company.
§ 10. The said company shall annually or semi-annu- Dividends,
ally make such dividends as they may deem proper of the
net profits, receipts or incomes of said company among the
stockholders therein in proper proportion to their respec-
tive shares.
§ 11. The said company may accept subscriptions to subsciiptiona.
their stock to any amount not to exceed one hundred and
fifty thousand dollars; and for the purpose of raising the
amount to be by them subscribed, the said company, by its
corporate authority, is hereby authorized and empowered
to borrow any sum not exceeding one hundred thousand
dollars, payable at such times and places, and in sums and
with such rate of interest as may be agreed upon, and
may issue their bonds therefor under their seal.
§ 12. If any person shall do or cause to be done, or aid Penalties.
in doin^ or causing to be done, any act or acts whatever
whereby any building or construction or work of said
company, or any machine or water conveyance, or any wa-
ter or thing appertaining to the same shall be stopped, ob-
structed, impaired or weakened, injured or destroyed, or
if any person or persons shall throw or conduct or convey
into the water reservoirs, dams or dykes of said company
any filth, dust, mud, still-slops, oftals or any other impu-
rities, or by shooting game upon said lake, the person or
persons so offending shall be deemed [guilty] of a misde-
meanor, and may be punished upon conviction by fine in
any sum not exceeding five hundred dollars, or by impris-
onment not exceeding five years in the penitentiary of this
state, or by both, at the discretion of the'court, and shall
forfeit and pay to the said corporation treble the amount of
damages sustained by reason of such offence or injury, ta
be recovered in the name of said company, with costs of
suit, in an action of trespass before any justice of the peace
of this state, or before any court having jurisdiction thereof.
§ 13. Said company is hereby authorized from time to Borrow money
time to borrow such sum or sums of money as may be ne-
cessary for completing, finishing or enlarging their said
water works; to issue and dispose of their bonds in denom-
inations of not less than five hundred dollars, and to mort-
gage their corporate property and franchises, or convey
the same by deed of trust to secure the payment of any
debt contracted by said company for the purposes afore-
said. And the directors of said company may confer on
the bondholders of any bond issued for money borrowed as
aforesaid the right to convert the principal due or owing
thereon into stock of said company, at any time not exceed-
ing ten years from the date of the bonds, under such regu-
lations as the directors of said company may see fit to adopt;
1853. 422
and all sales of bonds for less than their par value shall be
good and valid and as binding upon said corporation as if
the same were sold for the full amount thereof.
ofeontf.iic- § 14. The said company hereby chartered shall be re-
quired to construct and operate their said water works ac-
cording to the terms of this charter within ten years from
the passage of this act, which shall be taken and received
as a public act in all courts and places whatever; and the
said company shall have power to loan the balance of their
capital stock to individuals, or to vest the same in the capi-
tal stock of any other corporation, as the directors of said
company shall deem fit, at any rate of interest that may be
agreed upon between the directorsof this company and the
individuals and corporation aforesaid. Tliis act to take
effect and be in force from and after its passage.
Approved February 12, 1853.
In lorct! Feb. 11. ^]\j- ACT to incorporate the Sangamon County Agricultural and Mechan-
^^°^' ical Association.
Section 1. Be it enacted hy the people of the state of
lllinuis, represented in the General Jissemhly^ That James
roriwiatovs. McConnell, James M. Morse, their associates, heirs and
assigns, and such other persons as shall hereafter become
stockholders by virtue of the provisions of this act, are
hereby constituted and declared a body politic and cor-
styi.>. porate, by the name and style of '"The Sangamon County
Agricultural and IMechanical Association," and by that
name shall sue and be sued, plead and be impleaded,
answer and be answered unto, in all courts of law and
equity in this state.
Hy-iawi^. § 2. That said association shall have power to make
and establisi) such by-laws, rules and regulations for the
government of said association, and for the transaction of
their business, as shall be deemed necessary and proper
by said association : Provided^ hoivever, such by-laws,
rules and regulations are not contrary to the provisions of
the constitution and laws of this state, or of the United
States.
Vapuai stock. § 3. That the capital stock of said association shall
consist of two thousand dollars, to be divided into shares
of twenty dollars each.
,iici«as« .apiiai ^ 4. That Said association may at any time increase
the amount of their capital stock by a vote of two-thirds
the members of said association.
§ 5. That said association may purchase real estate
for the purposes of the said association.
i
423 1853.
§ 6. That the objects of said association shall betoohjens.
advance the interest and encourage the improvement of
agriculture and mechanics.
§ 7. That said association shall have succession and
existence as a body corporate for the term of fifty years.
Approved February 11, 1853.
AN ACT to incorporate the McLean County A|?riculture Society. in force Feb
1S53.
Section 1. Be it enacted by the people of the state oj
Illinois, represented in the General Assembly , That John
E. McClun, Edmond H. Didlake, William H. Allen, Isaac corporatoK.
Funk, Edwin Poston and Samuel Gander, and such per-
sons as are or may hereafter become members of "The style.
McLean County Agriculture Society," from and after the
passage of this act, shall be and they are hereby consti-
tuted a body corporate and politic, by the name and style
aforesaid, and by that name they and their successors shall
have succession, and shall in law be capable of contract-
ing and being contracted with, of suing and being sued, <^'enerai po^
plead and being impleaded, prosecute and defend, in all
manner of actions in law or in equity, in all courts and
places whatever where legal proceedings are had, and by
that name and style be capable in law of purchasing or
receiving, by gift or otherwise, holding and conveying real
estate for the benefit of said corporation : Provided, that
said corporation shall not at any one time hold real estate
more than the amount of one hundred and sixty acres.
§ 2. Said corporation shall have power to loan money Loan mon^v,
belonging to the same, and take promissory notes, or other
evidences, for the money so loaned, which may be collected
in their corporate name aforesaid, in all courts and places
whatever, where judicial proceedings are had, and in their
corporate name shall have power to sue for and collect all
gratuitous subscription that are or may hereafter be made
to said corporation.
§ 3. A meeting of the members of this corporation Meetings,
shall be held on the first Monday of March, 1853, and for-
ever thereafter on said day, annually, for tiie purpose of
making such bj'-laws as may be necessary for the better
government and regulation of the association, and also for
the purpose of electing a president, two vice presidents,
a secretary and treasurer, who shall respectively hold their
office for one year, until their successors are elected ; and
the said officers so elected be a standing board of directors,
with full power and authority to do all acts and deeds
Name and st;
1853. 424
necessary to promote tlie interests of the association, and
to carry into effect the provisions and objects of this act.
urer give § 4. The treasurer shall, before entering upon the duties
'^- of his office, give a bond to said incorporation, to be kept
by the secretary of the same, with sufficient security for
the faithful performance of his duties.
§ 5. This act to take effect from and after its passage.
Approved February 12, 1853.
iniorcft Feb. 10, AN ACT to incorporate the Evangelical Lutheran Synod of Illinois.
1353.
Section 1. Be it enacted hy the people of the state of
Illinois^ represented in the General Jissembly, That Francis
Corporators. Springer, A. A. Trimper, Conrad Kuhl, William Hunder-
dosse, E. Schwartz, Jacob Cress, sr., and Conrad Dickman,
together with their associates and successors, as members
of the Evangelical Lutheran Synod of Illinois, are hereby
created a body corporate and politic, under the name and
10- style of "The Evangelical Lutheran Synod of Illinois,"
and by that name and style shall remain and have per-
petual succession, with power to sue and be sued, to plead
and be impleaded, to acquire, hold and convey property,
real, personal and mixed, in all lawful ways, and to any
amount that ma} be necessary to accomplish the plans and
purposes of christian benevolence, which said synod may
agree upon.
§ 2. The sole object of this incorporation is to enable
said synod to effect, with greater security and certainty,
the benevolent purposes of a christian society, by dissemi-
nating a sound and instructive christian literature, reliev-
ing the poor and unfortunate, and founding and maintain-
ing institutions of public instruction.
§ 3. Said incorporation may have, use and change, at
pleasure, a commoii seal, and may make and ordain for
their government such constitution and by-laws as they
may deem necessary : Provided, that such constitution
and by-laws be not inconsistent with the constitution and
laws of the state of Illinois, and of the United States.
§ 4. No misnomer of said corporation siiall defeat or
annul any gift, grant, bequest or devise to or for said cor-
poration, and said corporation shall be bound to appropri-
ate and use any bequest, devise, gift or grant, in such man-
ner as shall be indicated by the party making the said
grant, gift, bequest or devise.
Approved February 10, 1853.
425 1863.
AN ACT to amend an act, approved June 2l3t, 1852, and entitled "An act m force Feb. :!,
to amend an act to incorporate a Literary and Theological Institute of ^^°^'
the Evangelical Lutheran Church of the Far West, to be located in Hills-
boro', Montgomery county, Illinois, approved January 22d, 1847."
Section 1. Be if enacted by the people of the state of
Illinois, represented in the General Assembly, That John Trustees.
T. Stuart, James C. Conkling, Richard V. Dodge, Elijah
lies, Simeon W. Harkey, John M. Burkhardt, E. R. Wiley,
Thomas Lewis, Jacob Divelbiss, David Miller, John B.
Weber, James Smith, Albert Hale, Francis Springer, Ed-
mund Miller, C. B. Thumel, L. P. Esbjorn, J. G. Don-
meyer, N.J. Stroh, Ephraim Miller, A. A. Trimper, Conrad
Kuhl, Elias S. Schwartz, James M. Harkey, William
Kearns, David Gregory, Absolom Cress, Jacob Cress, jr.,
J. P. Silly, Dr. J. C. A. Seeger and Paul Anderson, being
the trustees of the Illinois State University, and their suc-
cessors in office, be and they are hereby created a body
corporate and politic, for the purpose of founding or main-
taining, in or near the city of Springfield, Illinois, an insti-
tution of learning, to be under the auspices of the Evan-
gelical Lutheran Church, and to be known by the name of
"Illinois State University."
§ 2. Said corporation shall be known by the name and ^'*me ^nd style,
style of "The Board of Trustees of Illinois State Univer-
sity," and by that style and name remain and have perpet-
ual succession, with power to sue and be sued, plead and
be impleaded ; to acquire, hold and convey property, real
personal and mixed; and in all lawful ways to have, use and
eJter at pleasure, a common seal; to make, alter and estab-
lish, from time to time, such constitution, rules, by-laws
and regulations as they may deem necessary for tlie good
government of said corporation and the proper manage-
ment of the institution under their control : Provided, such
constitution, rules, by-laws and regulations be not incon-
sistent with the provisions of this act, and the constitution
and laws of this state or of the United States.
§ 3. The number of persons constituting said board oi'i^o.oitmHi^.
trustees shall never exceed thirty-one, two-thirds of whom
shall always be members of the Evangelical Lutheran
Church. Said two-thirds shall always be elected by the
Evangelical Lutheran Synod of Illinois, and by such Evan-
gelical Lutheran Synods as may hereafter be admitted to a
participation in the control of said institution, by a vote of
the synod named, and the remaining one-third shall be
elected by the board from among the citizens of Spring-
field and vicinity; said trustees not to serve longer than
five years without being re-elected. Nine members shall
•onstitute a quorum for the transaction of business, at any
regular or special meeting duly notified and assembled.
1853.
426
Certificate
echolareblp.
raculty.
§ 4. Said corporation may establish separate depart-
ments of the learned professions of the sciences and arts,
including, besides the usual departments of theology, med-
icine and law, a department of mechanical philosopliy, and
also of agriculture, and shall assign to each department a
competent faculty of instruction : Provided, that the in-
structor or instructors, professor or professors constituting
the faculty of theology, shall always be appointed by the
Evangelical Lutheran Synod aforesaid.
of § 5. Said corporation may issue certificates of scholar-
ships, limited or perpetual, upon such terms as the corpo-
ration and the persons contracting for the scholarships may
agree, and the benefit of said sciiolarship shall inure to the
holders thereof, his or her heirs or assigns, so long as the
covenants therein agreed to by the person or persons con-
tracting for or lawfully owning such scholarship shall
continue to be faithfully performed, and no longer, except
at the option of the corporation.
§ 6. The professors, or a majority of them, duly ap-
pointed in said university, as provided for in section four
of this act, shall constitute a faculty, or may, at the option
of the board of trustees, be divided into several faculties,
corresponding with the several departments which may be
established in the institution, with power to enforce the
laws, rules and regulations enacted by the board of trus-
tees for the government and discipline of the students ; to
suspend or expel such of them as may, in their judgment,
deserve it, and to grant and confirm, by the consent of the
board of trustees, such degrees in the liberal arts and sci-
ences, or such branches thereof, to students and others
whom, by their proficiency in learning and other meritori-
ous distinctions, they shall regard as entitled to them, as it
has been usual to grant, in the universities and colleges, and
to grant to such graduates diplomas or certificates, under
their common seal, to authenticate and perpetuate such
graduation.
§ 7. No misnomer of said corporation shall defeat or an-
nul any gift, grant, bequest or devise to or for the use and
benefit of Illinois State University, or any department there-
of: Provided, the intent of the party or parties making
such grant, gift, devise or bequest be sufficiently manifest.
§ 8. So much of the act to which this an amendment as
is inconsistent herewith, is hereby repealed, but all rights
acquired and responsibilities incurred under said acts are
hereby preserved. This act to be in force from and after
its passage.
Approved February 3, 1853.
427 1853.
AN ACT to incorporate a bridge company by the title hereinafter named, in force Feb. lo,
1863.
Section 1. Be it enacted hy the people of the state of
Illinois^ represented in the General *^ssembly, That Calvin corporators.
Cole, William N. Grover, Jacob C. Davis, William H. Ral-
ston and William H. Roosevelt, and their associates, suc-
cessors, heirs and assigns, be and they are hereby created
a body corporate, by the name and style of "The Hancock
Railroad and Bridge Company," with power to build,
maintain and use a railroad bridge over the Mississippi Bridge,
river, or that portion within the jurisdiction of the state of
Illinois, at any eligible point within five miles of section
one, in township five north, range nine west, in said county
of Hancock, in such manner as shall not materially obstruct
or interfere with the free navigation of said river, and to
connect by railroad or otherwise such bridge with any
'Vailroad, either in the state of Illinois or Iowa, terminating
at or near said bridge; to unite and consolidate its fran- Consolidation.
chises and property 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 capit»i stc^*-
borrow money and pledge or mortgage its property and
franchise; to condemn according to law property for the
use and purposes of said company; to contract, bargain
and agree with any such railroad companies for and in the
construction and maintenance of such bridge; to sell or
lease said bridge, or the use of the same, or the franchises
of said company, to any companies or corporations : Pro-
vided, that said company shall commence said bridge
within three years, and shall complete the same within
seven years from the passage of this act.
§ 2. This act to take effect from and after its passage.
Approved February, 10 1853.
AN ACT to amend the act incorporating the Ottawa Hydraulic Company, in force Feb. llj
and the La Salle County Manu£acturinjj;,Company, of Ottawa, both incor- 1863.
porated under the general law approved February 10th, 1849.
Section 1. Be it enacted hy the people of the state of Illi-
nois, represented in the General Assembly, That the Ot-
tawa Hydraulic Company, of La Salle county, incorpora-
ted under the general law approved February 10th, 1849,
authorizing the formation of corporations for manufactu-
ring and other purposes, is hereby authorized to hold,
lease, transfer, use and enjoy all of the property and
privileges leased to it by the trustees of the Illinois and
Michigan Canal, and all such property and privileges, theproperty,
use and enjoyment of which has been granted to it by the
1853.
428
president and trustees of the said town of Ottawa, and all
such property and privileges as may hereafter be granted
to it by said canal trustees, president and trustees, or any
other corporation, or by any person.
§ 2. That the said company and the said La Salle County
Manufacturing Company, either or both, may procure and
hold all such real estate as may be deemed necessary or
proper for the construction of races to conduct the water
from the works of said companies, or either of them, of
their, or either of their leases or transfers to the Illinois or
Fox rivers, or both. If the said real estate cannot be pro-
cured by agreement and purcliase, the same may be con-
demned for that purpose by eitlier or both of said compa-
panies, under and in pursuance of the provisions for that
purpose of the act providing for the construction of plank
roads by a general law, approved February 12th, 1849,
and the general acts amendatory thereof.
§ 3. j^ny person or persons who shall withold the pos-
session of the said property, or any part thereof, so leased
to the said hydraulic company by the said canal trustees,
or the use and enjoyment of which was granted to it by the
said president and trustees of the town of Ottawa, after
demand made, and giving sixty days' notice in writing for
the possession thereof, shall be held and adjudged guilty of
forcible detainer, under chapter forty-three of the Revised
Statutes, and may be prosecuted under said chapter in the
name of said company as the lessees of said canal trustees
and grantees of the use of said property of the said presi-
dent and trustees of the town of Ottawa.
§ 4. The tenth, eleventh and twelfth sections of the
said act referred to in section one above shall not apply to
be binding upon either of said companies.
§ 5. This act shall be a public act, and be in force from
and after its passage.
Approved February 11, 1853.
Ill force Feb. 13,
185?.
Oeiiertl powers.
AN ACT to incorporate the Harrison Draw-bridge Company.
Section 1. Be it enacted hy the people of the state of
Illinois^ represented in the General Jissembly, That all
persons who shall become stockholders pursuant to the
provisions of this act, be and they are hereby constituted a
body politic and corporate, by tbe name of "The Harrison
Draw-bridge Company," by such name shall be capable
of holding real estate sufficient for the purpose of this act,
and to sue and be sued, plead and be impleaded, answer
and be answered unto, in law and equity, in all courts
429 1853.
whatsoever, and shall have authority to ordain and estab-
lish such by-laws, rules and regulations, not repugnant to
the constitution and laws of this state, or the United
States, as shall from time to time be found necessary to
promote the interest and good government of said cor-
poration.
§ 2. The capital stock of said company shall be fifty capital stock.
thousand dollars, divided into shares of fifty dollars each.
§ 3. That Thomas C. Bailey, Jacob May, Jesse K. commisskmeri,-
Diiboise, Joseph G. Bowman, H. D. Wheeler and C. M.
Allen, be and they are hereby appointed commissioners, or
a majority of them, or their survivors, to open books for
the subscriptions to the capital stock of said company, at
such times and places as may suit their convenience, and
each of the commissioners may receive subscriptions
either jointly or separately.
§ 4. As soon as two hundred shares shall have been Eiocumi.
subscribed the said commissioners, or a majority of them,
or of their survivors, shall, by publication "in one or more
newspapers, if any be published at Vincennes and Law-
renceville, cause notice to be given of the time and place
of the meeting of the stockholders to elect directors; and
at the time and place so appointed the stockholders shall
choose from seven to nine directors from the stockholders
of said company, who shall serve one year, and until their
successors are chosen and qualified, a majority of whom
shall constitute a quorum for the transaction of business;
and the annual election of directors shall be held there-
after at such time and place as the stockholders at their
meeting shall direct, and the directors thus chosen shall,
as soon thereafter as possible, choose one of their own
body as president, and also as secretary, and such other;
officers as may be deemed necessary: Provided^ that should
the stockholders fail at any annual election to elect direc-
tors, the corporation on that account shall not be dissolved,
but the president and directors for the time being shall
continue to execute the duties of their office until their
successors shall be chosen by the stockholders; and the
directors shall at all times have full power to fill vacancies
in the board, and to remove and appoint all its officers, at
pleasure.
§ 5. The directors may demand from the stockholders Demand
all such sums of money by them subscribed, at such ti
and in such proportions as they may think proper, not, how-
ever, exceeding ten per centum on the amount of said sub-
scription at any one time, nor oftener than intervals of four
weeks after the first payment shall become due, which
times shall be determined by the directors, and two weeks'
notice given thereof, in some newspaper printed at Vin-
cennes, stating the amount demanded, and the time and
President.
Proviso.
1853. 430
place of payment ; and if any stockholder shall neglect or
refuse to pay sucli requirement within ten days after it sliall
become due, the corporation may bring suit against such
delinquent for the amount due, in any court of competent ju-
risdiction, and recover the amount with one per cent, inter-
est per month thereon from such delinquent; and if the amount
cannot be made on execution, or if such delinquent is
beyond the reach of process, the directors may declare
such stock forfeited to the corporation, with whatever
amount may have been paid thereon.
Build ijridge. § 6. The Said Corporation may erect a bridge across
the Wabash river, at any point opposite the borough of
Vincennes, or within one-half mile thereof, which point
shall be determined by a vote of the stockholders, each
share being entitled to one vote, at a special meeting to be
called for that purpose by the directors, upon three weeks'
notice in some newspaper published at Vincennes.
Toll. § 7. When said bridge shall be completed the said cor-
poration may erect at either end a gate, and demand and
receive the following rates of tolls: for two horses or oxen
and loaded wagon, twenty cents; for the same, not loaded,
ten cents ; for a four-horse or ox team with wagon, and
loaded, twenty- five cents; for the same, not loaded, fifteen
cents, and for any additional horse or ox attached thereto,
two and one-half cents ; for a single horse and wagon,
buggy or gig, fifteen cents ; for a horse and rider, five
cents ; for a person on foot, three cents ; lor horses or
cattle, lead or driven, per head, three cents ; for hogs,
sheep or calves, per head, two cents; and in similar pro-
portion to the foregoing rates for any other animals or
carriages.
Heighthofkridge § 8. Said bridge shall be elevated to a sufficient height
above high water mark to admit the free passage of loaded
flat boats under the same.
., ., S 9. The said company shall cause to be stationed, du-
»rawr of bridge. . ^ . \tt i i • i ■ ^ ^ r-
rmg such times as the Wabash river may be navigable tor
steamboats, a qualified person or persons, whose duty it
shall be to raise the draw of said bridge when steamboats are
approaching, by night or by day; and it shall be the further
duty of said company to cause a light to be placed on each
end of said draw during the night, when the river is so nav-
igable; and should any avoidable or unnecessary delay oc-
cur by neglect of these provisions in permitting steamboats
to pass up and down said river, the said corporation sliall
be subject to a fine of not less than ten, nor more than three
hundred dollars, for the benefit of the owner or owners of
the steamboat so detained, to be recovered by said owner
or owners in an action of debt before any court of compe-
tent jurisdiction.
I,
431 1853.
§ 10. It shall be the duty of said company to construct construct uu^w
a good and sufficient draw in said bridge, of a width not
less than sixty feet, and in such place as boats at low wa-
ter may conveniently pass the same.
§ 11. It shall be the duty of the directors to cause astattment.
full statement of the aftairs of the company to be made and
exhibited to the stockholders at their annual meeting, and
at such other times as may be required.
§ 12. Annual or semi-annual dividends of so much of Dividends.
the profits as the directors may deem expedient shall be
declared, but no dividend shall be made of more than the
net profits after deducting all expenses.
§ 13. The president and directors may sit on their own
adjournments, or on the call of the president or any two
directors; and when the president is absent the directors
may elect a president pro tern.
§ 14. In all elections for directors each stockholder Elections,
shall be entitled to voie in person or by proxy, under such
regulations as may be prescribed by the stockholders, and
on all occasions every share of stock shall be entitled to
one vote.
§ 15. Certificates of stock shall be given to the stock- ceruacate
holders, which shall be evidence of the stock held. They ^^^^'
shall be signed by the president and countersigned by the
Secretary. The stock shall be transferable on the books
of the corporation only personally or by attorney, but such
stock shall at all times be held by the corporation for any
debts due from the holder to the corporation.
§ 16. If any person shall willfully injure said bridge, he, penalty for iuiu-
she or they so offending shall forfeit and pay to the corpo- ly.
ration treble the amount it may cost to repair the same,
with costs of suit, to be recovered in an action of debt be-
fore any court of competent jurisdiction.
§ 17. If any person shall forcibly pass the gate without penauy for rem-
having paid the legal rate of toll, he shall forfeit and pay I'^'top^'yt^i'^-
to the corporation six times the amount of legal toll, to be
recovered, with costs of suit, in an action of debt before
any court of competent jurisdiction. If any toll-gatherer
shall unreasonably delay or hinder any passenger at the
gate, tendering the legal toll, or shall demand more than
the legal rate of toll, he shall, for any such offence, forfeit
the sum of five dollars, for the benefit of the person so de-
layed or defrauded, to be recovered before any court of
competent jurisdiction, with costs of suit ; and in case said
toll-gatherer shall have no property subject to execution,
the company shall be liable for the said penalty and costs,
to be recovered in like manner.
§ 18. This act to take effect and be in force as a pub-
lic act from and after its passage.
Approved February 12, 1853.
1853.
432
III force Feb. 14,
AN ACT to incorporate the Mount Carmel Manufacturing Company.
General powers.
Section 1. Be it enacted by the people of the state of
Illinois^ represented in the General Assembly^ That Joshua
Beal, Charles W. Eldridge, Isaac N. Jaquess, Robert
Parkinson, Cyrus O. B. Goforth, James H. Beal, John J.
Lesher, Alexander C. Edgar, and their associates, succes-
sors and assigns, be and they are hereby constituted a body
corporate and politic, under the name and style of ''The
Mount Carmel Manufacturing Company," and by that
title shall be and are hereby made capable, in law and
equity, to sue and be sued, plead and be impleaded, defend
and be defended, in any court or place whatsoever.
§ 2. The said corporation may have and use a common
seal, and the same may alter or renew, at pleasure ; and
are hereby vested with power to purchase, hold and con-
vey real and personal estate ; to give and receive promis-
sory notes \ to enter into and carry on all kinds of mechan-
ical and manufacturing business, by water, steam caloric,
or other power ; to erect mills, furnaces, foundries, facto-
ries and machine shops, for the manufacture of flour, lum-
ber, woolen and cotton goods, castings, machinery, furni-
ture, farming utensils and any other kind or description of
articles not forbidden by law.
§ 3. The said corporation may make and establish
such by-laws, ordinances and regulations as shall, in their
opinion, be necessary for the good government of the said
corporation, and the prudent and efficient management of
its affairs, and are hereby vested with all the powers, priv-
ileges and immunities which are or may be necessary to
carry into effect the purposes and objects of this act.
§ 4. The capital stock of said company shall not ex-
ceed five hundred thousand dollars, to be divided into
shares of fifty dollars each.
§ 5. The persons named in the first section of this act,
or a majority of them, or of the survivors of them, if any
shall die, may cause books of subscription to the capital
stock of said company to be opened at such public places
as they may deem expedient, after having given notice of
the same for at least thirty days, by publication in the
nearest newspaper; and after five thousand dollars of the
stock of said company shall have been subscribed, and ten
per cent, thereon paid in, an election may be held for five
directors, of the time and place of holding which election
the same notice shall be given as required for opening
books for subscription.
§ 6. The directors shall hold their ofiices for one year,
and shall have the management of all the business of said
corporation, the application of its funds, the disposition of
its property, and shall make all contracts. The said
433 1863.
directors, a majority of whom shall constitute a quorum for
the transaction of business, shall elect one of their number
to be president of the board, who shall also be president Pr.si.iem.
of the compan)^, and shall, in behalf of said company, ex-
ecute all conveyances. They shall also choose a secre-
tary, who shall be sworn to the faithful discharge of his .-^«„in.
duties, and a treasurer, who shall give bond to the corpo-
ration, with securities to the satisfaction of the directors,
in such sum as they shall require, for the faithful discharge
of his duties; and they may also appoint such other officers
and agents as to them shall seem necessary.
§ 7. The annual meeting of the members of said com- Aa;uu: me-iinK,
pany shall be holden on the first Monday in May of each
year, at Mount Carmel, at wiiich meeting the directors
shall be chosen by ballot, eacii proprietor being entitled to
as many votes as he holds shares, and having power to
vote by proxy. In case it shall so happen at any time that
the directors or other officers of the corporation, or any
of them, shall not be elected on the day appointed for their
said election, the said corporation shall not, for that rea-
son, be dissolved, but the said election, after thirty days'
notice thereof in the nearest newspaper, may be held; and
in the meantime, those already in office shall hold their
offices until their successors are duly elected and qualified.
§ 8. The said company may locate and construct a construct <anai.
raceway or canal, with all necessary locks, dams and
basins, from such point above the dams on the Great Wa-
bash river, owned by the Wabash Navigation Company,
and upon such terms for the use of the water power be-
longing to said last mentioned company, as shall be mutu-
ally agreed upon between them, or if deemed more advis-
able, may construct the said raceway or canal from Craw-
ford Creek ; and said company are hereby authorized to
unite said race with the Wabash river, near Mount
Carmel, at any point considered by them most eligible and
proper.
§ 9. The said corporation, for the purposes herein ex- iiigi,r of way.
pressed and authorized, may enter upon, take and flow a
strip of land, not exceeding one hundred feet in width
along the line of said canal, and for the purpose of making
embankments or crossings, may take as much more land
as may be necessary for the proper construction and se-
curity of the said canal, or the bridges and crossings over
the same : Provided, that all lands or real estate entered
upon and taken possession of and used by said corpora-
tion, for the purposes hereinafter mentioned, shall be paid
for by said company in damages, if any be sustained by
the owner or owners thereof, by the use of the same for
the purposes of said company; and all lands so entered
upon and not donated to said company, shall be obtained
[ C2 ]
under the j)rovisions of tlie laws of this state concerning
"condemning riglit of way for purposes of internal im-
provement," apj)roved June 22, 1852, or at their option,
by other laws of this state in force relating to "right of
way;" and wlien the damages are assessed and paid, or
rendered according to tlie provisions of such law, said
land shall be vested in said company.
Use streets in Mt. § 10. The Said Company, having first obtained the
caraui. assent of the corporate authorities of the town of Mount
Carmel, may use any of the streets, alleys or public grounds
of said town in constructing said raceway and basin con-
nected tlierewith, or for any other purpose connected with
the objects of this act, and are further authorized and em-
powered to construct their said canal or race way .over and
across any public road or highway, but the corporation
shall, by bridges or otliervvise, restore such road or high-
way in such manner as not to impair its usefulness.
§ 11. If any person shall v^ilfully, maliciously or wan-
tonly damage, break or destroy any part of tiie said race-
way, basin, buildings, machinery, implements or manufac-
tured article of the said company, he, she, or they, or any
person assisting, aiding and abetting, shall forfeit and pay
to said company, forevery such offence, treble the amount of
damages proved before any competent court to have been
sustained, and be sued for in the name and behalf of said
company; and such offender or offenders shall be deemed
guilt}'^ of a misdemeanor, and shall be liable to indictment
in the same manner as other indictments are found in the
said county of Wabash, and upon conviction every such
offender shall be liable to a fine, not exceeding one
thousand dollars, or imprisonment in the county jail for a
term not exceeding six months.
0 i.iiiu st(,ck. § 12. It shall be lawful for the directors to require
payment of the sums subscribed to the capital stock, at
such times, in such proportion, and on such conditions as
they shall deem fit, under the penalty of the forfeiture of
all previous payments thereon, and shall give notice of the
payments tlius required, and of the place and time when
and where the same are to be paid, at least thirty days
previous to the payment of tlie same, in some newspaper
published in the town of Mount Carmel.
Pftrsoimi proper- § 1^' The stock of Said comj)any shall be deemed per-
ly- sonal property, and assignable and transferable on the books
of tlie corporation, but no stockliolder indebted to the cor-
poration shall be permitted to make a transfer until such
debt shall liave been paid, or secured to be paid to the
satisfaction of the directors.
Books.jfaccoimts § 14. The comj)any shall at all times keep proper books
of accounts, in which siiall be registered all the transac-
tions of the corporation, and the same shall at all times be
435 1853.
subject to t!ie inspection of the stockholders. It shall be
the duty of the directors to make annual dividends, or at
such other times as a majority of them shall deem advisa-
ble; and the said directors, whenever required by a majority
of the stockholders, shall exhibit at a general meeting a
full and perfect statement of the debts and credits of said
corporation, and all such other matters as may be deemed
essential, relating to the affairs of the company.
§ 15. The said company is hereby authorized to bor- Bonow m>.m-:
row such sum or sums of money as may be necessary for
completing tiie said raceway, basin, locks, bridges, and
for the erection and furishing of all needful buildings, mills,
factories, foundries and machine shops, to be used in the
prosecution of their business, and to issue and dispose of
their bonds in such denominations as they may prescribe,
at sucii rate of interest or discount as they shall determine
upon, and in such form and upon such terras and conditions
as to them shall seem most expedient ; and tliey shall have
the right to mortgage, or in any manner to pledge their
said raceway, and all their corporate property and rights
of every description, so as to secure the repayment of any
sum or sums of money borrowed; and they may do all things
which natural persons migjit or could do for effecting this
object; and all such liens, mortgages, deeds of trust or
other instruments as may be executed by said companj^, or
its autiiorized agents, shall be deemed and taken as valid
and effectual in all courts and places, according to the true
intent and meaning of the parties thereto.
§ 16. The company incorporated under this act shall Time of constn
commence their said raceway within three years from and
after the passage hereof; and this act shall be deemed and
taken as a public act, and shall be in force from and after
its passage.
Approved February 14, 1853.
AN ACT to amend an act to charter the city of La Salle. in force Fo
tion.
1853.
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly, That the
city council of the said city of La Salle be and they are
hereby authorized to borrow, upon the faith and credit Borron-
of said city, any sum of money not exceeding fifteen thou-
sand dollars, at a rate of interest not exceeding ten per
centum per annum, and for a period of time not exceeding
ten years, and to issue the bonds or other securities of said
city, under the seal thereof, tiierefor, to be signed by the
1853. 436
mayor and countersigned by the clerk, with or without
coupons, as the said council may see fit, and pledging ihe
revenues and property of said cityf or the ])ayment thereof —
the interest to be p;;id in such manner, at such place or places
and at such times, either annually, semi-annually or oth-
erwise, as said council may direct; and in addition to the
taxes authorized by the act to which this is an amendment,
said city council may levy and collect a sufficient sum, as
iaitax. a special tax each year, to defray the interest and expenses
of any sucli loan or loans ; said sum, thus borrowed, to be
expended in grading or otherwise improving the streets of
said city or the roads leading thereto, v/ithin two miles of
said city 5 to the purchase of grounds for and the erection
of a hospital, watch house, or house of correction, as may
be provided by ordinance of said city council.
cool i,caoc. § 2. The said city council may designate any justice of
the peace in said city, or any one of the aldermen of said
city, to act as a justice of the peace, and to exercise the
powers and authority conferred upon the mayor of said
city as a justice of the peace, in sections seven, eight and
nine of the fourth article of said act to which tliis is an
amendment ; and upon such designation, the person thus
designated shall have and exercise all the powers conferred
i'^". upon the mayor in said section : Provided^ that in case
any alderman, wlio is not a justice of the peace, shall be so
designated, he shall be commissioned by the governor as a
justice of the peace of said city, and take the like oath and
give bond as required of other justices of the peace : ^^nd
provided, fnrihe7\ that this section shall not be construed
to deprive the mayor of any authority conferred upon him
by said sections, but he shall retain a concurrent jurisdic-
tion with said justice thus designated, as to all matters
arising under said sections.
cmpov/ered to lay out and open a street from the centre of
section ten, in township tliirty-three, of range one, of the
third principal meridian, through said section ten, or such
part thereof as they may see fit, to such point as they may
determine upon the plank road now laid out and construc-
ted through section eight, in said township, and to appropri-
ate the land to be taken for such street for that purpose,
the damages to be assessed to the owneis of such land, and
the proceeding in relation thereto to be ascertained and
had in conformity to the seventh article of the act to char-
ter said city.
■hous^e. § 4. The city council of La Salle may authorize and
pet mil persons building warehouses upon blocks one hun-
dred and tliirty-four and one hundred and thirty-five, to
extend the second story of their warehouses over the ten
iHo. feet fronting on the canal basin : Provided, that they plank
437 1853.
and keep in repair said ten feet in such manner as shall be
required by said council, and said second story be so con-
structed as to leave the passage under the same free and
unincumbered, and the first story to be at least ten feet high.
Approved February 12, 1853.
AN ACT to incorporate the Bloomington City Hotel Company. j,, for,.,. i.-,b. in,
1853.
Section 1. Be it enacted by the people of the state of
Illinois^ represented in the General Jhsernhly^ That J.ohncoriKivaur,-.,
E. McCIure, David Davis, James Miller, Isaac Funk, Al-
len Withers, James H. Robinson, Richard O. Warriner,
William F. Flagg, John W. Evving, Orrin Curtis, Abram
Brokaw, Jesse W. Fell, Hanson H. Painter, William Dem-
mitt, William H. Temple, James E. Parke, Oliver Ells-
worth, Lewis Bunn, Cyrenus Wakefield, Henry Coleman,
William T. Major, Edward H. DiJlake, John Nichols, Wil-
liam Evans, William H. Holmes, John M. Scott, Asahel
Gridley, and their associates, heirs and assigns, are hereby
declared and constituted a body politic and corporate, by
the name and style of "Tlie Bloomington City Hotel Com- stjic.
pany ;" and by that name and style they and their suc-
cessors sliall have succession for fifty years, and shall, in
law, be capable of suing and being sued, pleading and be- General pcwors.
ing impleaded, answering and being answered unto, in
all courts and places wliatsoever; may have a common
seal, and may cliange and alter the same at pleasure ; and
they and their successors may also, by that name and style,
be capable in law of purchasing, Iiolding and conveying
away real and personal estate for the tise and purposes of
said corporation, which real estate shall not exceed one
acre, whereon to erect the hotel, out-houses and necessary
enclosures for carrying on the business of said company.
§ 2. The said company hereby incorporated shaU have p^^^^,. ,_y t,„j,j.
power to erect, and furnish in complete order, a hotels in
the city of Bloomington, in the county of ivIcLean, in the
state of Illinois, and are hereby authorized to carry on the
busines-; of hotel keeping, and to use all powers and privi-
leges necessary for carrying on said business.
§ 3. The capital stock of said company shall be t w en - Capiui stock.
ty thousand dollars, and shall be divided into four hundred
shares, of fifty dollars each; and the said corporators herein
named, or a majority of them, are hereby authorized to ap-
point three commissioners to receive subscriptions for said
stock; and such subscription shall be opened at such times
and places as the commissioners, or a majority of them.
1853. 438
shall appoint, by notice piiblisiied in any newspaper
printed and published in the said city of Blooininorton,
at least twenty days before the time appointed. If the
requisite number of shares shall not be subscribed for
at the time and places appointed for such subscription, said
commissioners, or a majority of them, shall take such meas-
ures for completing such subscription as they may deem
expedient and proper. Every subscriber shall, at the time of
subscribing, pay to said commissioners the sum' of one dol-
lar for each share subscribed, and the remainder at such
times and in such sums as he shall be required by said
compan}'.
in-^. § 4. As soon as one hundred of the shares shall be
suhscribed, the said commissioners shall give notice, in
the manner aforesaid, and appoint the time and {)lace in
such notice for the subscribers to meet for the purpose of
choosing a treasurer, clerk and five directors. Every
stockholfler 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 five additional shares ; 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 of such election, and their
certificates of the names of the persons elected shall be
li.ii. conclusive evidence of their election. The first Monday
in the month in whicli sucli election shall be held, shall be
the annual day of all subsequent election of such officers.
A majority of the directors so chosen shall be a quorum,
and shall be capable of transacting the business of tiie cor-
poration. Any act of the majority sliall be binding on the
corporation.
;,,,.,„_ § 5. The said directors, when elected as aforesaid,
shall immediately proceed to elect one of their number as
president; and the said president and directors may meet
from time to time, and shall have power to make and es-
tablish all such by-laws, rules and regulations as shall be
necessary and not inconsistent with the constitution and
laws of this state or of the United States, and witii the
provisions ol this act, for the transfer or payment of the
stock or property of said company, and for the manage-
ment and direction of the affiiirs of said company.
§ 6. This act shall be in force from and after its passage.
Approved February 10, 1863.
439 1853.
AN AC r for the relief of the treasurers of the couniics of Cook and in force Frii. lo.
Hancock. 18J3.
Whereas James Long, late treasurer of the county of Cook, Prcana.U'.
in accordance with the instruction of the auditor of
state, did cause to be advertised the delinquent list of
lands in June, 1851, and petitioned the county court
of said'county, at the July term, for authority to sell the
same for the taxes of 1850, and the said court refused
to grant such authority, until the next September term
following, and the said treasurer thereby compelled to
procure the said delinquent list of lands to be adver-
tised a second time, wliich was done by the said treas-
urer at his own expense, and for which lie has been
unable to obtain any reimbursement ; and whereas
James McKee, of the county of Hancock, published
and advertised the delinquent list of lands and town lots
for that county, at the time and in manner as above
mentioned, and for which said several publications he
has been unable to obtain any compensation therefor —
Section 1. Be it enacted hy the jjeople of the state of
Illinois, represented in the General Assembly, That the -''^^^UOT'^to dmw
auditor of public accounts be and is hereby authorized
and directed to draw his warrant on the treasury in favor
of the said James Long, for the sura of one hundred and
eight dollars, and in favor, of the said James McKee, for
the sum of ninety-four dollars, which said allowances shall
be in full satisfaction of the claims of the said James Long
and James McKee, for the advertising of said delinquent
tax lists for the j'ears aforesaid.
Approved February 10, 1853.
AN ACT for the relief of llie securities of John Elmore, late sheriff of m force Frt. s,
Jackson county. 1S42.
Section 1. Be it enacted hy the people of the state of
Illinois, represented in the General j9ssembly, That the Time exteiuifdtr>
securities of John Elmore, late sheriff and collector of -'''"^"""^^•
revenue for the county of Jackson, shall pay to the audi-
tor'of public accounts, by the first day of January, A. D.
1854, in state indebtedness, all such amounts as may then
be due (without damages,) from the said John Elmore,
and for which judgments have been recovered against said
John Elmore and his securities, and also pay all costs
which shall then have accrued to the persons respec-
tively entitled thereto, they shall be released from liability,
and said judgment as to them deemed satisfied : Provided, Provis^o.
1853. 440
that notliing herein contained shall be so construed as to
release the said sheriff from the debt.
i.-cn,,iti.m § 2. That execution on saidjudgments be stayed until
said time of payment, but to be in force if said payment
be not made as herein provided.
§ 3. This act to be in force from and after its passage.
Approved February 3, 1853.
AN ACT for the relief of the securities of Solomon S'. Leet.
Section 1. Beit enacted hy the people of the state of
Illinois^ re-presented in the General Jlssenihly^ That Alex-
ander Marshall, Samuel W. Lynn, John N. Moreheart,
William S. Powers, Samuel Darnell, Sarah Ann Jennings
and heirs of Harry Jennings, deceased, and Rebecca Eames
and heirs of Joseph Eames, deceased, securities or Solo-
mon S. Leet, late collector of Henderson county, Illinois,
be and they are hereby released from the payment of a
certain judgment rendered against them and in favor of the
statfi of Illinois, for the sum of seven hundred and sixty-
five dollars and fifty cents and costs, at the September
term, 1851, of the supreme court; and tlie auditor is hereby
authorized and required to cause said judgment to be en-
tered satisfied : Provided, that nothing herein contained
shall be so construed as to release the said sheriff from the
debt, or any portion thereof.
§ 2. This act shall take effect from and after its passage.
Approved February 8, 1853.
00 i'ch, 11, AN ACT for the relief of the securities of William Compher, late collector
l^^3. of Peoria count}'.
iioio. Whereas William Compiler, late collector of Peoria coun-
ty, has absconded, leaving his securities liable to the
state upon his official bond for the revenue collected by
him for the year A. D. 1849 ; and whereas judgment has
been rendered by the supreme court of this state against
the securities of the said Compiler for the amount of the
revenue due the state for the year A. D., 1849; and whereas
the said securities have paid upon said judgment the sum
of three thousand five hundred and twenty-nine dollars
and foriy-one cents, being about one-half the amount of
damages assessed against them by said judgment; now
thtrefore —
i
441 1851.
Section 1. Be it enacted by the people of the state oj
Illinois, represented in the General JJsseniblfj, That uporiTobe discharsed
the payment by the said securities of the said Compher, "{'"".tr^™*"*^
collector as aforesaid, of the costs of said suit in the su-
preme court, they, the said securities of the said Compher,
as collector as aforesaid, be and they are hereby released
and discharged from the payment of the residue of the said
judgment, so far as the state of Illinois is interested in any
revenue due said state in said judgment.
§ 2. This act shall take effect and be in force from and
after its passage.
Approved February 11, 1853.
AN ACT for the relief of William C. Kinney,
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly, That the Tmw ot^tuiyment
time for the payment of the debt owing to the state by the
estate of WiiliaiTi Kinney, deceased, be and the same is
hereby extended one year. And that upon the payment interest m lands^
of the said debt, and the interest thereon, by William C. upon "payment.
Kinney, his heirs, administrators, executors or assigns, the
governor shall release, convey and transfer to him or them
all the interest which the state holds in and to the lands
held in security for the payment of the same.
Approved February 10, 1853.
AN ACT to pay Henry W. Blodgett for services rendered as state's m force Jan. 26,
attorney in Lake county.
Section 1. Bt it enacted by the people of the state of
Illinois.) represented in the General Assembly, That tbe Allowance in fa-
auditor of public accounts of this state is hereby directed Biodgett?'^
to issue his warrant upon the treasurer in favor of Henry
W. Blodgett, of Lake county, for the sum of two hundred
dollars, for services of said Blodgett, as state's attorney
pro tern., in the Lake county circuit court.
§ 2. This act shall take effect and be in force from
and after its passage.
Approved January 26, 1853.
1853. 442
In force Jau 26, AN ACT £or the relief of the inhabitants of school district No. one, town-
1*^3. sJiip 18, range 1, in Menard county.
Preamble. Whereas the inhabitants of school district No. one, in town-
ship eighteen north, of range seven west, in Menard
county, Illinois, did, in public district meeting, on Sat-
urday, the 20th day of July, A. D. 1850, vote a tax of
five hundred dollars for the purpose of building a school
house in said district —
Section 1. Be it enacted by the people of the state of
Election declared ^^''^'^^^'^j represented in the General ^^ssemhly^ That the
valid. vote of the inhabitants of school district No. one, in town-
ship eighteen north, of range seven west, in Menard coun-
ty, and the tax voted by the said inhabitants on the 20th
day of July, A. D. 1850, are hereby declared to be good,
'\ejauzed.°^''""' valid and effectual in law and in equity; and the act of the
secretary and chairman, in certifying to the district direc-
tors the record of the meeting of said inhabitants on the
day and year aforesaid, and the act of the district clerk in
certifying to the clerk of the county court of said county
the abstract of the votes, and the amount of money voted to
be raised at said meeting, and the act of the county clerk
aforesaid, in computing the tax upon the taxable property
of said school district, are hereby declared to be good, le-
gal and effectual in law, in all respects whatever.
Approved January 26, 1853.
In force Jan. 26, AN ACT to locate a certain road therein named.
1853.
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Jlssemblij, That a road
Roiviiocated. be located as follows : beginnmg at the point where the
road crosses the east line of the southwest quarter of sec-
tion thirty-three, in the town of Big Rock, in the county
of Kane, whicii road is known as the South Aurora road,
and running thence south along the west side of said line
to the south line of said section thirty-three; thence west
on said line to the southwest corner of the east half of
the southwest quarter of said section thirty-three; thence
westerly to the east end of Oregon avenue, in the village
of Little Rock, in the county of Kendall; and that the road
be four rods wide, and that it be declared a public highway.
Road vacated. § 2. And that all roads heretofore laid out between
the point first mentioned and the village of Little Rock,
be and the same are hereby vacated.
Proviso. § 3. Provided, that if the owners of the several lands
over which said road passes shall not, within six months
443 1853.
after the passage of this act, open the said road and file
in the clerk's oliice of the respective towns, a release from
all damage in consequence of tiie opening of said road,
that tlien this act to be void, otherwise to be in full force.
Tliis act to take effect from and after its passage.
Approved January 26, 1853.
AN AC r to restore William Whitaker, of Alexander county, to citizenship. In force Feb. lo.
' •" ^ 1853.
Section 1. Be it enacted hy the people of the state of
Illinbis, represented in the General Assembly^ That Wil- ^/g^'°J^^_*° *•'"'-
liam Whitaker, of Alexander county, who was convicted
of larceny in the Union county circuit court, be and he is
hereby fully restored to all the rights of citizenship.
§ 2. This act shall be in force from and after its passage.
Approved February 10, 1853.
AN ACT for the relief of Leanna Knox, of Sangamon county.
In force Feb. 10,
Whereas Leanna Knox, a free woman of color, was inter- Preamble.
married, in the state of Kentucky, with Jose Knox, who
was a slave; and the said Leanna being the owner
of property, bought the said Jose and liberated him ;
whereas, also, after the removal of the said Leanna
and Jose to Sangamon county, Illinois, the west half of
lot six, in block thirty, in the old town plat, now city of
Springfield, was bought with the money of the said Le-
anna, and the deed for the same was made to the said
Jose.; and whereas, also, the said Jose has departed this
life without heirs, whereby the half of said lot escheats
to the state of Illinois, and that on said lot is a dwelling
house, which has been and now is the house of the said
Leanna ; therefore —
Section 1. Be it enacted hy the people of the state of
Illinois^ represented in the General Assembly^ That all Title to vest in
I • 1 1 - I'll z' Til- • Leanna KnoT.
the right, title and interest which the state ot Illinois now
has or hereafter may acquire in and to lot six, in block
thirty, of the old town plat of the city of Springfield, in the
right of the said Jose Knox, be and the same is hereby
vested in the said Leanna Knox ; and the governor of the
state of Illinois is hereby directed and authorized to con-
vey, under the great seal of the state, to liie said Leanna
Knox, her heirs and assigns, all the said interest of the state
of Illinois in and to the lot aforesaid : Provided., that noth- Proviso.
1853. 444
ing herein contained shall affect or impair tiie rights of any
heir or heirs of the said Jose Knox, if an)- such should here-
after be found to exist, or of the state of Illinois, acquired
otherwise than through the said Jose Knox.
Approved February 11, 1853.
Ill t.jrcii Fei. 14, AN ACT to authorize the county court of Morg^an county to build a court
wss. house, and for other purposes.
Section 1. Be it enacted hy the people of the ^t ate of
Illinois, represented in the General ^'issembly. That the
I'ouaty oourt to couuty court of Morsfan county is iiereby A-ested with pow-
purchase lot for , "^ , • .1 ,- i 1 . •, 1 1 1 .
co'irtb.-use. cr to purchase, in the name ot the county, a suitable lot or
lots in Jacksonville, and build thereon a court house, of
such form and dimensions as may be necessary to the pub-
lic convenience and uses of the county ; and said court is
also vested with power to build a jail, on the lot on which
the present jail stands, or to sell said lot and purchase
another or others ; and the said court is further vested
with power, in order to execute the provisions hereof, to
borrow, on the credit of the county, any sum of money not
exceeding thirty thousand dollars, for a term of years not
exceeding fifteen, and at a rate of interest not exceeding
eight per cent, per annum, payable annually; said money to
be received by the county in such sums and at such times
as the same may be required for use for the purposes afore-
said.
To execute bonds § 2. In the cxccution of the provisions of the foregoiug
section, the judges and justices of said court are vested
with power to execute the bonds of the county from time
to time, as funds may be required, for sums not less than
one hundred nor more than one thousand dollars, payable
at such time, not exceeding fifteen years from the date,
and at suchpla.cein the state, or in St. Louis, in Missouri, as
may be agreed on, to be signed by said juxiges, and justi-
ces, attested by the clerk, and the seal of court affixed to
each, and when so executed the said bonds may be sold for
not less than the sums expressed on the face.
Hake record of § 3. Bcforc affixing the seal upon any bonds executed
as aforesaid, the clerks shall make an 1 record, on the record
books of said county, a descriptive list thereof, showing the
date, number and amount of each bond, and when payable,
and, if known, to whom payable.
§ 4. To enable the county to meet the payment of the
interest upon said bonds, and the principal when due,
the said court shall, before making sale of any bonds, levy a
tax, to be collected annually, sufficient to pay the annual
445
1853.
iiildluiu' tt
lire prool
interest and two thousand dollars of the principal any year;
wliich tax shall be collected in specie, and which, when
collected, shall constilute a separate fund, not subject to
be used for any otlier purpose, and to be used exclusively in
the payment of the bonds aforesaid : Provided, however
that unless the money can be obtained with a provision for
the payment of one-fifteenth or more of the principal annu-
ally, the tax to be levied as aforesaid shall be limited to such
sums as ni^ay be required for paying the interest and such
portion ot the principal as, by the terms of the loan, the
county may have the right to* pay.
§ 5. No order made under the provisions of this act by
the said court shall be set aside or changed to the prejudice
of any bondholder of the county.
§ 6. The said court is authorized to appoint an agent Appoint ag.mt.
to make sale of said bonds, and to vest him with full and ,'ana= ''^" "'
ample powers to make such sale upon the terms prescribed
in this act.
§ 7. The said building shall be constructed, if practica- b.
ble, as not to be subject to be consumed by fire, and fire
proof vaults shall be attached to or connected with the of-
fices, for the safe deposit and keeping of the records of the
courts and county. And moreover, the said building shall
always be kept insured in one or more responsible offices,
for a reasonable amount, to be determined by said county
court. Whenever the owners of two-thirds in value of the
taxable property situated within the corporate limits of corporation
the town of Jacksonville shall sign a petition to the pres- Jacfesonviue to
identand trustees of said town, requesting the execution of Zi'em'i Ju'^
the provisions of this act, it shall be lawful for the said
president and trustees to purchase, in the name and for the
use of the corporation, one or more lots in said town, and
to cause to be erected or built thereon a public building,
to be called "Illinois Hall," of such form and dimensions as
that there shall be one room of sufiicient capacity to seat
three thousand persons at one and the same time, and such
other rooms as may be required for the uses of the corpo-
ration.
§ 8. The said large room shall be kept as a town halI,To
under regulation of the town authorities, in which all pub- "
lie meetings of the inhabitants of the town and county of
Morgan shall be held for the transaction of business, and in
which public meetings, for any lawful purpose, may be
held, such as public debates and discussions, public lec-
tures, anniversaries, or conventions of literary, scientific
or other societies or institutions, conventions of the people
for any lawful purpose, college commencements and public
examinations of academies, seminaries and schools.
§ 9. To enable tr.e said president and trustees to pur-
chase the ground and erect the building aforesaid, they are ^ '
be kfpt
v-ii hall.
Kxecute bonde.
1853. 44b
authorized to borrow, outhe credit of the corporation, any
sum of money not exceeding twenty thousand dollars, for
a term of years not exceeding twenty, and at a rate of in-
terest not exceeding eight per cent, per annum, payable an-
nually, at such place as may be agreed upon : Provided,
that, in contracting for said loan, provision shall be made,
if practicable, for paying a part of the principal sum bor-
rowed at the end of any year. _
§ 10. The said president and trustees are vested with
power to execute the bonds of the corporation,*from time
to time, as loans may be obtained, for sums not less than one
hundred nor more than one thousand dollars, payable ac-
cording to the provisions of the contract ; which bond shall
be signed by the president of the board, attested by the
clerk or secretary, and the seal of the corporation affixed
to each ; but before affixing the seal the clerk or secretary
shall enter on the record or journal of the proceedings of
the board a descriptive list of said bonds, showing the date,
number and amount of each, and when and where payable.
uvytax. § 11. The said president and trustees shall provide for
meeting the payment of the interest and principal of said
bonds, by levying or assessing such a. tax upon all the
property within the limits of the corporation as shall be
sufficient for that purpose ; which tax shall be collected in
and with other taxes in specie, and when collected shall
be applied exclusively to the payment of said bonds, and
to no other purpose whatever.
ordorievyiugiax § 12. No Order levying or assessing a tax under the
aside." "" *" provisions of this act, shall beset aside, reversed or changed
to the prejudice of the holders of any of said bonds.
Agent to obuun § 13. i he Said president and trustees are vested with
•'*'"'• power to appoint an agent or agents, to act for the board
in obtaining the loan aforesaid, and also to take and use
all lawful ways and means in executing the power con-
ferred by this act. i • i
6 14. In executing the provisions of this act, the said
Oouaty and town V '^■^^■^ or i c at +
authorities may pj.egi(]ent and trustecs and county court oi Morgan county
act together. )f^^^ ^^^^^ ^^^^ ^^^ together so as to make one building con-
stitute the court house and town hall ; and in case of such
agreement, the first story of the building shall be used for
the court house and county offices, the second story for
the town hall, and the third story for any safe purpose au-
thorized by the said president and trustees, and said build-
ing may be placed on the public square in said town.
Cost of building § 15. In case of the agreement provided for in the fore-
^lon.d! "'''°'" going section, the cost of the building shall be fairly appor-
tioned between the county and corporation of the town.
The first story shall be under the control of the county
authorities, and the second and third under the corporate
authorities of the town.
447 1853.
§ 16. The said corporation shall pay a fair proportion Town corporation
of the cost of keeping said building insured, and may, more- insur^^^cr' "''
over, keep the second and third stories insured separately.
§ 17. No action shall be had under any agreement that CuuntynotiopaT
may be made to unite the buildings, as herein provided for, Truou o "c '"^""
until the president and trustees of the town shall have re- '''"' '°" "^ ""' '
ceived the loan of such proportion of the cost of the build-
ing as said corporation may be bound to pay, so that the
county shall never be charged with or required to pay a
larger amount than the just proportion originally ao'reed on
by the two authorities.
§ 18. In case the county court and president and trus- voteto be taken
tees of the town shall make agreement herein provided uourfanTtoTu
tor, to make one building constitute the court house and ^''"*
town hall, then the question of executing said agreement,
under the provisions of this act, shall be submitted to the
decision of the people of said county of Morgan, to be de-
cided by vote at the next November election, at which time
and election the legal voters of said county shall vote for
or against the same. Those voting for the law shall have
printed or written on their tickets, <'For building court
house and hall;" those voting against the law shall have
printed or written on the tickets, "Against building court
house and hall ;" and if, upon canvassing and counting the
votes, it shall appear that a majority of the votes given upon
the question are in favor of executing the agreement afore-
said, then this act, authorizing such agreement, shall be
binding upon the county, and the building shall be erected
by t;ie two authorities as herein provided for ; but if the
majority of the votes given as aforesaid shall be against
executing the said agreement, the same shall [be] null and
void, and ihe said coimty court and president and trustees
may proceed to execute the provisions hereof separately,
as tnougli no provision had been made for their joint action
in the premises.
Approved February 14, 1853.
AN ACT to legalize the election of trustees of schools, in township 12 m force Jan. 26,
south, range 6 east, in Pope county. 1858.
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly, That the elec- Election legai-
tion of John Gullett, A. S. Barger and Wesley Connelly, as ''*'*'•
trustees of schools in township twelve south, range 6 east, in
Pope county, Illinois, held in said township on the tenth day
of April, A. D. one thousand eight hundred and fifty-two, be
1»03.
and the same is hereby legalized, and no informality or le-
gal defect in the said election shall invalidate or in any
manner impair the acts and doings of said trustees since
their said election, and during their continuance in office.
This act to take effect and be in force from and after its
passage.
Approved January 26, 1853.
Inforoe Jan. 22, AN ACT to authorize the purchase of lawbooks for the libraries of the
1853. supreme court.
Section 1. Be it enacted by the people oj the state of
Illinois^ represented in the General Assembly^ That there
Appropriation to be appropriated, for the years 1853 and 1854, the sum of
purchase books „ }■ ^ -^ -, ■, ^\ ii r i r> ^i j j- •
for libraries of five hundred dollars, annually, for each ot the grand divi-
supreiuo court. ^.^^^ of the suprcmc court, to be applied in the purchase of
law books for the libraries of said court, the money to be
Dirortioii. .f court (ji-awn and expended under the direction of the justices of
said court. This act to be in force from and after its passage.
Approved January 22, 1853.
in force Jan. 17. AN ACT to pay certaiti persons therein named for services rendered to the
1853. state.
Section 1. Be it enacted by the people of the state of
Illinois^ represented in. the General */2ssembly^ That the
Allowance to sum of two hundred and seventy-eight dollars and fifty
Noah Johnson ceuts be and the same is hereby appropriated to Noah
and A. Lincoln. ^ , , „ . i i i .• a • a a
Johnson ; the sum ot one hundred and torty-nme to A.
Lincoln, for services rendered as commissioners under and
by virtue of an act entitled "An act to constitute a com-
mission to take evidence in relation to certain claims," ap-
proved June 22, A. D. 1852 ; and that there be appropria-
ted to R. E. Goodell the sum of one nundred and sixty-one
"R'^ck-odeii!" "■ dollars, for services rendered as clerk of said commission ;
and the auditor is hereby authorized and directed to issue
his warrant upon the treasurer for the several sums of mo-
ney above specified, in manner specified in the appropriation.
2. This act to be in force from and after its passage-
Approved January 17, 1853.
449 1853.
AN ACT to vacat(? Ji certain ptatc road Ihereiii named. in forco Jan. -24,
1S63.
Section.!. Be it enacted by the people of the state oj
Illinois, represented in the General *j2ssemi)hj, That so
much of a state road laid out under an act in force Febru- vacation of rc.-.a.
ary 28th, A. D. 1847, as lies between the village of Roscoe,
in Illinois, and the village of Beloit, in Wisconsin, be and
the same is hereby vacated; and so much of said act as
authorizes the laying out of a state road between Roscoe
and Beloit, is hereby repealed.
§ 2. This act to take effect and be in force from and
after its passage.
Approved January 24, 1853.
AN ACT to amend an act entitled "An act to amend the revenue laws and i" I'^i-co. Jan. 24,
provide for the collection of state taxes in the city of Quincy." ''''^•''"
Section 1. Be it enacted by the people oj the state of
Illinois, represented in the General .assembly, That the ^^."IfectorTo ob-
provisions of the seventh section of an act entitled "An t'*'" juii?nuut.
act to amend the revenue laws and provide for the collec-
tion of the state taxes in the city of Quincy," approved
June iii3, A. D. 1852, shall be so construed and amended
as to authorize the collection of taxes for the year A. D.
1851, in said city, to obtain judgment against the delin-
quent real property at the March term A. D. 1853, or at
any other regular term of the county court of Adams
county, in like manner as he was authorized to do at the
October term, 1852, of said court mentioned in the act
aforesaid.
§ 2. This act shall be in force from and after its
passage.
Approved January 24, 1853.
AN ACT to authorize the sale of a school lot therein named. In force Jan. 24,
1863.
Section 1. Be it enacted by the people of the state of
Illinois represented in the General Assembly, That the
trustees of schools of township number eight north, of°""««°f^^'""'''^
range number eight east, in Peoria county, be and they are
hereby authorized and empowered to sell, either at public
or private sale, lot number twelve (12,) in block number
forty-six (46,)in Monson and Sanford's addition to tl^ city
of Peoria, with the improvements thereon, and to coovey Power to mbvct.
[ D2 ]
1853. 450
to the purchaser or purchasers the title thereto, now vested
in said trustees for the use of the inhabitants of school
district number two in said city, for the use of schools; and
..or.>. t J pay that said trustees pay over the proceeds of such sale
iJ.Siea'."'' to the directors of schools in said school district, to be
by them applied, under the direction of the legal voters of
said district, or a majority of those voting at any meeting
called according to law, towards the payment of debts, the
purchase of grounds and the erection of buildings for com-
is- mon school purposes in said district : Provided, how ex ex.,
that a meeting of the legal voters of said school district
shall be first convened in the manner now provided by law
for the calling of meetings to levy taxes for common school
purposes, and a vote taken on the question of the sale of
said lot; and no sale thereof shall be made by said trustees
unless a majority of votes of such legal voters attending
and voting at such meeting shall be cast in favor of such sale,
and the result thereof duly certified to the said trustees by
the chairman and secretary of said meeting.
§ 2. This act to be in force from and after its passage.
Approved January 24, 1853.
m iorco Jan. 24, AN ACT to provide for the collection of a portion of the public revenue,
1853. and to enable the late sheriff of Kendall county to settle his accounts.
Section 1. Be it enacted by the people of the state of
Illinois represented in the General Assembly, That Wil-
sherin authoi*liam L. Fowler, who was late sherift* of Kendall county,
ized to collect. ^^ ^^^ j^^ .^ hereby authorized and empowered still to pro-
ceed and collect all taxes due and unpaid in said Kendall
county for the year 1849; and for that purpose said Fowler
is authorized and empowered to levy upon and sell per-
sonal property, and advertise, obtain judgment against,
and sell real estate on which taxes remain due and unpaid
for said year, in the same manner as if the time for such
collection had not expired.
Board of super- § 2. The board of supervisors of said county is hereby
"anceB^for authorized and required to allow and credit said collector
delinquents, ^j^j^ ^|-,g amount of sucli taxcs, not heretofore abated and
allowed, as he may be unable to collect by reason of the
insolvency or removal of tlie persons owing the same, or
on account of errors in the tax lists; and when any such
abatement is allowed, the clerk of said county shall make
out and deliver to said collector a statement of the facts
in the case, showing the amount of state tax abated; which
statement shall be filed in the office of the auditor of pub-
451 186a.
lie accounts, and tlie auditor sliall credit said collector Auditorionedi
with tiie amount of state tax so abated, and refund the
same to him as in other cases of other payment : Provided Proviso
that if said collector shall not have settled and paid all
debts due from him to the state and county, then the
amount of such abatements shall be credited on his ac-
count or on any judgment in favor of the state or county,
and against such collector; the county shall refund the
county tax abated in like manner as the state is required
to refund.
§ 3. This act shall be and remain m force for the
space of nine months from and after its passage.
Approved January 24, 1853.
AN ACT to incorporate the Morris Cemetery Association. m force Feb
1853.
Skction 1. Bt it enacted hy the people of the state of
Illinois represented in the General Assembly, That George Oorporuto.?.
W. Lane, George Fisher, Charles H. Goold, Lewis P. Lott,
and Stanbery, and their associates, be and they are hereby
Eugene made and created a body corporate and politic^by
name of "TheMorris Cemetery;Association," and by thatthe
name to have perpetual succession, and all the franchises,
powers, privileges, rights and immunities, together with
the liabilities incident in law to a corporation aggregate.
§ 2. The officers of said corporation shall be a board Managcmen-
of five directors, who shall be elected annually by ballot, ""^"''''
on the first Monday in March in each year, who shall hold
their offices until their successors are elected and qualified;
a secretary and such other officers and agents, being mem-
bers of said corporation, as may from time to time by the
by-laws of said corporation be required, shall be appoint-
ed by said board of directors, who shall hold their offices
until their successors are appointed, and who may be re-
moved from office by said board of directors for any mal-
feasance or neglect of duty, and may be required to give
bond to the corporation in such sums as by such by-laws
may be provided, with such security as said board of di-
rectors may approve, conditioned for the faithful discharge
of their respective duties. The said board of directors
immediately after the election, shall appoint one of their
number president, and from and after such appointment of
president the said corporation shall be taken and held to
be duly organized.
§ 3. The manner and place of holding the first election First election
under this act shall be determined by the above named
1853, 452
corporators, or a majority of them; subsequent elections
shall be held at such place, and be conducted as the by-
laws of said corporation may provide; special elections,
may be held on the order of the president for the purpose
of filling vacancies.
§ 4. Every person having a title to one or more lots
""■ in the cemetery authorized by this act shall be a member
of the said corporation and entitled to one vote only; ab-
sent members may vote by proxy in writing, to be filed
with the secretary.
J,,, ^ 5, Said corporation shall have power to purchase, re-
ceive by grant, or otherwise, and hold lands, not exceeding
forty acres in quantity, which shall be used for a cemetery,
and for the purposes of ornamental gardenings, which lands
may by said board of directors be laid oif in lots for the
burial of the dead, with avenues, streets and alleys lead-
ing thereto, together with lots or parcels for horticulture;
and such lots for the burial of the dead may be sold and
conveyed to the purchaser or purchasers thereof, by cer-
tificate of purchase, signed by the president, attested by
the secretary, and bearing the seal of the said corporation;
and said lots so sold as aforesaid shall be used for the
burial of the dead, and for no other purpose, and to that
end, shall be under the exclusive control of the owner or
owners thereof, subject, however, to such rules and regu-
lations in relation to tiie same as said corporation may by
its by-laws provide; and the owners of such lots may trans-
fer the same, in manner and form in the said by-laws to be
from time to time provided.
§ 6. All the property of said corporation, both real ^
S!'''"''''^'and personal, and all lots of individual members so
sold to them as aforesaid, shall be exempt from execution,
attachment and taxation; and owners of lots, aforesaid,
shall be individually liable for the debts of the corporationi
in proportion to the comparative value of their respective (
lots: Provided, ?ieverlhe/css, that no debt shall be con- -
tracted by or on behalf of said corporation without thd
assent of two-thirds of the owners ot said lots expressed,
at a meeting of said owners of lots, to be called by the'
board of directors for the purpose of voting thereon.
§ 7. Said board of directors shall cause the lands so
.omio.. ice. ^pq^^jj.gjj Ijy ggj^j corporation as aforesaid to be laid oil
into lots, avenues, streets, alloys and walks, as by the by-
laws of said corporation may be prescribed, and cause an
accurate plat thereof to be made, which shall be attested
by the surveyor, subscribed by the president, and by him
acknowledged before any officer authorized to take ac-:
knowledgmcnt of deeds ; and when so attested and sub-
scribed, shall be recorded in the recorder's office of the
county of Grundy; and such recording shall give to the said
453 1863.
survey and record all the virtue, force and effect that is
given by law to the recording of town plats.
§ 8. Said corporation may make and establish all such !iy-,aw5.
by-laws and regulations as are not inconsistent with the
laws and constitution of this state and of tiie United
States, for the government of its officers and the manage-
ment of its affairs.
§ 9. That if any person shall at my time trespass upon Tr..*i-^sse..
the said lands so as aforesaid acquired by said corporation,
or upon any lot or lots so as aforesaid sold and transferred
to any individual, such trespasser or trespassers shall, upon
conviction, be adjudged to pay to the said -jcorporation or
to said individual, as the case may be, three-fo d the
amount of the damage done by such trespasser or tres-
passers; which damage shall be ascertained by the verdict
of a jury, and shall moreover be liable to public prosecu-
tion according to the nature of the offence; and all fines
and penalties by law incurred for any violation of the law
whatever, or in relation to the said lands and lots, shall,
when collected, be paid into the treasury of said cor-
poration.
§ 10. The funds of said corporation arising from the fuhJs.
sale of lots in said cemetery, or from any other source, shall
be applied, after all debts of said corporation shall have
been fully paid, to enclosing, ornamenting, improving rnd
beautifying said cemetery grounds, in such manner as the
board of directors sliall direct.
§ 11. This act shall be taken and held to be a public
act, and shall be favorably construed in all courts and
places for the objects herein contemplated, and shall take
effect and be in force from and after its passage.
Approved February 12, 1853.
AN ACT to incorporate the Howard Cemetery. iniorco Fri^
1S53.
Section 1. Se it enacted by the people of the state oj
J/lin'ji'i, represented in the General Assembly^ That Ezra conwraturs.
S. Cable, F. S. Paine, Simon Gates, John R. Henning,
James M. Clark, Peter Fleming and Newman Campbell,
and their associates, in the town of Howard and vicinity,
in the "county of Winnebago, and their successors, be and
they are hereby constituted a body corporate and politic,
by tlie name and style of "The Hovv'ard Cemetery Associa-
tion;" and by that name shall have perpetual succession
1853. 454
and shall have all the powers, i'ighti=, priviliges, liabilities
and immunities incident to a corporate body.
u. .i..t;i. . § 2. Said association shall have power to hold real
estate, not exceeding ten acres, which shall be exempt
from taxation, from attachment and execution.
«!o.(t. § .3. The object of said association shall be exclusively
to lay out, enclose, ornament and keep in repair a plat or
piece of ground, not exceeding ten acres as aforesaid, to
be used as a burial place for the dead.
Buiiai ,1 c«s § ^' ^^^^^ 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 otlier pur-
pose whatever.
§ 5. The proceeds of such sale, and other funds which
may come into the possession of the association, shall 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 incorporation.
Officers. § 6- The officers of this association shall consist of a
president, a secretary, who shall also act as treasurer, and
three trustees, who shall hold their office for two years,
and until their successors are elected. The election for
officers shall be held on the first Monday of May, biennial-
ly ; but any failure to elect officers at the proper time shall
not operate as a forfeiture of this act of incorporation.
jK,.,„.„,,,. § 7. Every member holding one or more lots shall be
a member, and entitled to one vote only. Absent mem-
bers shall be entitled to vote by proxy,
uigiitortroperty § 8. The right of property to any lot or lots whicli may
be sold by said association shall be vested 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 by the secretary for that purpose ; and every
transfer of such certificate shall be made by surrend<'ring
the same to the secretary, who shall then issue a new cer-
tificate and cancel the former. No person shall hold more
than two lots.
«5-'a"*- ^ 9. The said corporation shall have power to estab-
lish and change by-laws, and prescribe rules and regula-
tions for the government of said cemetery and its officers,
and shall have power to raise upon an assessment upon the
owners of lots such sums as may be necessary to keep the
enclosing fences or walls in repair.
<:aii meetii.t;. § 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 members for the choice
of officers, if not elected at the biennial election, or to fill va-
cancies, or for the transaction of any other business author-
ized by this act, by giving five days' public notice thereof.
455 1853.
§ 11. 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.
Approved Feb. 11, 1853.
AN ACT to incorporate the Carlinville Cemetery Association. lu toice Feb. n,
1853.
Section 1. Be it enacted bij the people of the state of
Illinois!, represented in the General Assembly, That Wil-
liam M. Maddox, Henry Fishback, John A. Chesnut, Enoch c^n^oratore.
Wall, A. McKim Dubois, Samuel T. Mayo and John M.
Palmer, and their associates and successors, be and they
are hereby constituted a body corporate and politic, by the
name and style of '^The Carlinville Cemetery Association;"
and by that name to have perpetual succession, and shall
have and possess and be invested with all the powers,
rights, privileges and immunities incident to a corporate
body.
§ 2. Said association shall have power to own and Real estne.
possess real estate, not exceeding fifteen acres, which
shall be exempt from taxation and sale on execution.
§ 3. Tile object of said association shall be exclusively object*..
and solely to lay out and enclose and ornament a plat or
piece of ground, not exceeding fifteen acres as aforesaid,
to be used as a burial place for the dead.
§ 4. The officers of this association shall be a presi-omcers.
dent, a trea<?urer, (who shall act as secretary,) three di-
rectors, and such other officers as they may think proper,
to be chosen as may be ])rovided by by-laws. The said
president, treasurer and directors to be chosen annuall)',
and hold their offices until their successors are chosen.
Any neglect to choose officers on tiie day fixed upon, shall
not operate as a forfeiture of this act of incorporation.
§ 5. Said association shall iiave power to sell any lot
in said burial ground by warranty deed, to be signed bj- their
president; and the proceeds arising from the sale of lots,
after deducting all the expenses of purchasing and laying
out, shall be appropriated and used in improving and or-
namenting the burial ground, or in other objects connected
with this incorporation.
§ 6. Every person holding one or more lots shall be vote*,
entitled to one vote only. Absent members shall have
power to vote by proxy.
§ 7. Said company shall hold annual meetings for the Annual lueKiiise
transaction of its business, and shall have power to estab-
lish and change by-laws, and prescribe rules and regula-
1853.
456
tions for the goverimr at and direction of their officers, and
the management o ' tl eir property and affairs.
§ 8. This act to lake effect from and atier its passage.
Approved Feb. 11, 1853.
ifuico .Jiin.27, AN ACT lo incorporate the Sangamon House Company.
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly, Tliat all
cfiy corrorate. sm;}j persons as shall hereafter become subscribers to the
stock hereafter described, shall be and they are hereby
constituted and declared a body corporate and politic, by
''''"• the name and style of "The Sangamon House Company,"
from and after the passage of this act; and by that name
they and their successors shall have succession, and shall
r.wor., -j^ YQ,^ff be Capable of suing and being sued, plead and be
impleaded, in all courts and places whatsoever; may have
a common seal, and alter the same at pleasure ; and their
successors may also, by that name and style, be capable
in law of purcliasing, holding and conveying away real and
personal estate for the benefit of said company.
tectiiotoi. ^ 2. The said company hereby incorporated shall have
power to erect an hotel in the city of Springfield, in the
county of Sangamon, and to use sucli powers and privileges
in the erection and management of said hotel, not inconsis-
tent with the laws of this state, as may be conducive to the
interests of said company.
iipitai stork. § 3. The capital stock of said company sliall consist of
twenty-five thousand dollars, which may be increased lo
fifty thousand dollars, to be divided into shares of fifty dol-
lars each, and are authorized to commence their operations
whenever five thousand dollars of the stock sliall have been
subscribed.
ouiiiiiasioners. § 4. For the purposc of carrying into effect the object
of this corporation, John Williams, William Butler, Joseph
Klein, William Carpenter, Virgil liickox, Jacob Bunn,
George Pasfield, Stephen T. Logan and Thomas Coiidell
are hereby appointed commissioners to obtain subscrip-
tions to the capital stock of said comj)any ; and said com-
missioners, after giving general notice thereof in some news-
paper printed in the city of S])ringfield, may open books for
the subscription of said stock at such times and places
as they may direct, and keep the same open until at least
one thousand shares have been subscribed. Every sub-
scrijer, at the time of subscribing, shall pay to said commis-
sioners five dollars on each share subscribed ; and when
457 1853.
such subscription is completed as aforesaid, or within sixty
days thereafter, said commissioners sliall call a meeting of
the stockholders at Springfield, by a printed notice in some
newspaper published in said city.
§ 5. At said meeting the stockholders of said compa- Directors.
ny shall proceed to elect five directors, who shall manage,
direct and govern the affairs of said company one year from
the period of tliis election, and until their successors are
elected and qualified; and that at said election each stock-
holder siiall be entitled to one vote for each share he may
hold, and a majority of all the votes given shall be required
to make an election. The period of election of directors
as aforesaid shall be annually, on the first Monday of the
month in which the first election shall be held.
§ 6. "Within ten days after the directors are chosen as President.
aforesaid, they shall hold a meeting, at which, and at all
subsequent meetings of said board, a majority of the direc-
tors shall constitute a quorum ; that they shall proceed to
the election of a president from their own body; a secreta-
ry, who shall be sworn by some justice of the peace to the
faitiiful discharge of his dut}', and who shall record all votes
of the corporation in a book kept by him for that purpose ;
a treasurer, who shall give bond to such amount and in
such manner as the president and directors shall direct;
and the board shall appoint all other officers and| agents
as to them shall seem necessary.
§ 7. The corporation shall have power to call for such Calls on sub-
portion of the stock subscribed, every sixty days, as they ^""^ '*°^'
may think proper, to be paid at such time and place as they
may designate, by giving thirty days' notice to each stock-
holder in writing, or publishing the same in some newspa-
per in said city, in which shall be specified the amount re-
quired on each share, and the time and place of payment;
and if any stockholder shall neglect or refuse to pay such
call within ten days after the time named for such payment,
the corporation may bring suit against any delinquent, for
the amount due and called for, in any court of competent
jurisdiction, and recover the same, with two per cent, in-
terest per month ; and if the amount cannot be made on
execution, or if- said delinquent is out of the state, then
the corporation may, by an order of their books, declare
such stock forfeited to the corporation, with whatever
amount may have been paid thereon, and such delinquent
shall forfeit all his rights as a stockholder.
& 8. The said president and directors shall have power By-iaws.
to make out and establish all such by-laws, rules and reg-
ulations as shall be necessary and not inconsistent with the
laws of this state, which may be necessary for the payment
or collection of the subscription to its stock or the transfer
of the same, and of property that may, in any other way,
1853.
458
concern the management and direction of the affairs of said
company.
§ 9. This act shall be construed favorably in all courts,
and shall be in force until a majority of the stockholders
may vote for a dissolution.
Approved Jan. 27, 1853.
In force Feb. 12, AN ACT to incorporate the Macon House C mpany.
1863. '
Section 1. Be it enacted by the people of the state of
Illinois^ represented in the General Assembly, That D. L.
corporatoiB. Allen, Thomas H. Read, William Martin, J.J. Peddecord,
H. Prather, Sheridan Wait, Joseph King, and their asso-
ciates, heirs and assigns, are hereby declared and consti-
tuted a body politic and corporate, by the name and style
'''^''^' of "The Macon House Company," and by that name and
style, they and their successors, shall have succession for
fifty years, and shall in law be capable of suing and being
Powers. sued, pleading and being impleaded, answer and being an-
swered unto, within all courts and places whatsoever; may
have a Ibramon seal and may change and alter the same
at pleasure ; and they and their successors may also, by
that name and style, be capable in law of purchasing, hold-
ing and conveying any real and personal estate for the use
and purposes of said corporation, which real estate shall
not exceed one acre, whereon to erect the hotel, out houses
and necessary enclosures for carrying on the business of
said company.
Krect «na fur- § 2. The Said compauy hereby incorporated shall liavc
nish. power to erect and furnish in complete order, a house in
the town of Decatur, in the cout.ty of Macon and state of
Illinois, and are hereby authorized to carry on business of
hotel keeping, and to use all powers and privileges necessa-
ry for carrying on said business.
Capital stock. ^ 3. Tile Capital stock of Said Company shall be twenty
thousand dollars, and shall be divided into four hundred
shares of fifty dollars each; and the said corporators herein
named, or a majority of them, are hereby authorized to
appoint three commissioners, to receive subscription for
said stock, and such subscription shall be opened at such
times and places as the commissioners or a majority of them
shall appoint, by notice published in any newspaper ])rinted
in the said town of Decatur, at least twenty days' notice
before the time appointed. If the requisite number of shares
shall not be subscribed for at the time and j.dace appointed
for such subscription, said commissioners or a majority of
459 1863.
them shall take such measures for completing such sub-
scription as they may deem expedient and proper. Every
subscriber shall, at the time of subscribing, pay the said
commissioners the sum of one dollar for such share sub-
scribed, and the remainder at such time and in such sums
as he shall be required by said company.
§ 4. As soon as forty of the shares shall be subscribed, Publication,
the said commissioners shall give notice in the manner
aforesaid, and a])point the time and place in such notice
for the subscribers to meet for the purpose of chosing a
treasurer, clerk and five directors. Every stockholder shall officers.
be entitled, at such and all other elections, to one vote for
each share to the number of ten, and one vote for every
five additional shares; 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 of such election, and their certificate
of the names of the persons elected shall be conclusive
evidence of their election. The first Monday in the month
in which such election shall be lield, shall be the annual
day of all subsequent elections of such officers. A majority
of the directors so chosen, siiall be a quorum, and shall be
capable of transacting the business of the corporation. Any
act of the majority shall be binding on the corporation.
§ 5. The said directors, when elected as aforesaid, President,
shall immediately proceed to elect one of their number as
president; and the said president and directors may meet
from time to time, and shall have power to make and
establisli all such by-laws, rules and regulations as shall be
necessary and not inconsistent with the constitution and
laws now existing in this state or the United States and
with the provisions of this act, for the transfer or pay-
ment of the stock or property of said company, and for
the management and direction of the affairs of said com-
pany.
§ 6. This act shall take effect and be in force after
its passage.
Approved February 12, 1853.
AN ACT to incorporate the Sullivan Academy, in Moultrie County. In force Ftt. 12,
'■ -^ • 1853.
Section 1. Be it enacted hy the people of the state of
Illinois^ 7'eprescnted in the General tjlssemhly, That James corporators.
Elder, Reuben B. Ewing, Jolin A. Freeland, William Kel-
lar, Ambrose Meeker, John Ferryman and J. W. Ross, and
their successors, be and they are hereby created a body
1853. 460
politic and corporate, by the name and style of "The
Trustees of Sullivan Academy," and by that name and
style, shall have perpetual succession, and shall have
lb. power to contract; to sue and be sued; to plead and be im-
pleaded; to grant and receive by their corporate name,
to accept of donations, acquire -by purchase, or to sell
property, real, personal or mixed, in all lawful ways and
means; to use, manage, employ and dispose of all such
property or money belonging to said corporation, as to
them may seem proper for the promotion of the object and
in interests of said incorporation; to have a common seal,-
to alter and change the same at pleasure ; to make and
establish all such by-laws and regulations for the manage-
ment of said institution as may be necessary and proper,
and not inconsistent with the constitution and laws of this
state, or of the United States. Said academy is to be
located in the town of Sullivan, Moultrie county, Illinois;
the object of which, will be the promotion of the general
interests of education. The number of trustees shall not
exceed twelve, and they shall have power to elect the
necessary officers out of their own body. The trustees
shall be considered as holding their office and continue in
office until their successors be elected and qualified.
§ 2. The trustees shall have authority from time to
time to prescribe and regulate the course of studies to be
pursued by the students attending the academy; to fix the
rate of tuition and otlier academical expenses; to appoint
a principal, and such teachers as may be deemed necessary;
to define their duties; to fix tlieir compensation; to displace
and remove them from office; to erect the necessary build-
ings; to purchase books, chemical, philosophical and other
necessary apparatus necessary in said academy; to make
rules for the general regulation of the conduct of the stu-
dents; to suspend or expel any student whose habits are
idle or vicious, or whose moral character is bad, or who
refuses to obey the rules of the academy. The trustees,
or a majority of them, as soon as they may think proper,
shall fix upon a permanent location lor said academy, and
proceed to erect a building or buildings tiiereon as soon as
convenient, and the interest of said institution require :
Provided^ however, that they shall have the right to rent
the necessary rooms until the said buildings or building
can be completed. Females as well as males may be
taught in said academy, and a department expressly for
the education of females, may be attached thereto, when-
ever the trustees in their discretion may so order. The
benefits and })rivileges of said institution shall be open
alike to all religious denominations.
§ 3. Tiiere shall be attached to said academy a de-
partment in which shall be taught such branches as arc
\
461 1823.
usually taught in common scliools; and the trustees of said
academy shall receive from the school commissioners of
the county such amount and proportion of the common
school fund as is received by other common schools : school fund.
Provided, the said trustees comply with the laws regu-
lating common schools.
§ 4. This act to be in force from its passage.
Approved February 12, 1853.
AN ACT for the relief of John W. Brooks, of Coles county, and to l" force .in
maintaui the authority of ihe executive of the state of Illinois. '^^•
Whereas his excellency, Augustus C. French, late gov- i^eamwe.
ernor of the state of Illinois, for good and sufficient
reasons, and in the exercise of an authority wisely
vested in tiie executive of the state, did by virtue of
his office as said governor, under the seal of the state,
remit a certain judgment on recognizance rendered
against John W. Brooks, a citizen of Coles county, Illi-
nois, rendered against him, the said John W. Brooks,
by the circuit court of Coles county at tiie June term
of said court, A. D. 1851 ; and whereas the county
court of said Coles county, in opposition to the release
of said judgment by the governor, aforesaid, do still
seek to enforce said judgment by execution and sale of
the goods and chattels and real estate of the said John
W. Brooks ; now, therefore —
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly, That the Judginent
said judgment so rendered as aforesaid, and the execution
issued thereon be held for naught, and the same for which
said judgment was so rendered, is hereby remitted, and the
said John W. Brooks is hereby fully released from the
payment of any portion of said judgment, and the officer
in whose hands the execution so issued as aforesaid may
be found is hereby authorized, empowered and required
to return the same to the court issuing the same, with a
special return of satisfaction thereon, to be by him entered
in conformity to the provisions of this act.
This act to take effect on the day of its passage by the
General Assembly of Illinois.
Approved January 26, 1853.
1863. 462
In force Jan. 26, AN ACT to perfect the line between Rock Island and Whiteside counties.
1853.
Preamble. Wlicreas ail act approved February 9, 1831, entitled "An
act to establish Rock Island county,"* shall run along the
middle of the "Marias d'Ogee, slough or creek," from
the confluence thereof with Rock river to the Mississippi
river; and whereas so much of said boundary as so leads
from Rock river to the Mississippi river is the dividing
line between the counties ot Rock Island and Whiteside ;
and whereas there is much diversity of opinion in regard
to said line, tiierefore —
Section 1. Be it enacted hy the people of the state of
Illinois, represented in the General Assembly, That Josepii
Commissioners. Crawford, of Lee county, Ben. Graham, of Henry county,
and Thomas McKee, of Knox county, be appointed com-
missioners to survey, mark and establish the boundary
line between the counties of Whiteside and Rock Island.
Locate bounaary § 2. The Said commissioners or any two of them shall
""''• meet at some time and place to be agreed upon by them-
selves, within twelve months from the passage of this act,
' and after having been sworn to the faithful performance of
the duties required by this act, shall proceed to survey and
locate the boundary line, leading as near as practicable by
legal subdivisions along the middle of the Marias d'Ogee
slough from its confluence with Rock river to the Missis-
sippi river, between said counties; and shall make report
of their proceedings under their hands and seals, and re-
turn a plat of tiieir survey, with said line distinctly marked
thereon, to each of tlie county courts of said counties of
Rock Island and Whiteside; which plats and reports shall
be recorded in the records of said courts, and shall also be
recorded by the respective recorders of said counties.
Compensation. § 3. Tite Said commissioncrs shall be paid ten cents
per mile from their respective places of residence to said
point on Rock river, going and returning, and three dol-
lars per day while actually engaged in their said duties ; to
be paid upon their certificate, one-half by each of said
counties.
§ 4. The said commissioners are also authorized to
employ suitable assistants, and a surveyor, who shall be
paid a reasonable compensation for their rervices, upon
the certificate of said commissioners, one-half by each ot
said counties.
§ 5. This act to be in force from and after its passage.
Approved January 26, 1853.
•There is an omission here in the enrolled law.
463 1853.
AN ACT *lo change the name of Joseph Theodoric Gately. in force Jan.
1S53.
Section 1. Be it enacted by the peojjlc of the state of
Illinois, represented in the General Assembly, That the
name of Joseph Theodoric Gately, of the county of Mad.'^''^*"'''cn«m,.
ison, in this state, be, and the same is hereby changed to
Joseph Theodoric Totten, and by that name he shall be
hereafter known and called.
This act to take effect from and after its passage.
Approved January 26, 1853.
AN ACT for the relief of certain persons therein named. Inforce Jan.M,
^ 1853.
Whereas the voters of Tazewell county, state of Illinois, Preamble.
at tiie general election of one thousand eight hundred
and fifty-two, elected Joseph B. Worley coroner of Taze-
well county ; and whereas, owing to sickness, the said
Worley has failed to enter into bond as such coroner at
the time limited by law in that behalf; therefore —
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly, That if the <^i^«^o'^^'-
said Joseph B. Worley shall, on or before the first day of
April, A. D. one thousand eight hundred and fifty-three,
enter into and give such bond, with sufficient security, for
the performance of the duties of coroner of Tazewell
county, to be approved as prescribed by law, then the said
Joseph B. Worley shall be entitled to the office of coroner
of Tazewell county, and entitled to all the fees and emol-
uments thereof in as full manner as if he, the said Worley,
had given bond in the time and manner prescribed by law.
§ 2. This act to take effect and be in force from and
after its passage.
Approved January 26, 1853.
AN ACT entitled "An act authorizing the county court of Alexander in force Jan. 26,
county to erect or otherwise provide a jail at Cairo." 1863.
Section 1. Be it enacted by the people of the state of
Illinois, represented in *he General Assembly, That the Bniidcuntyinii.
county court of Alexander county are hereby authorized
to cause to be erected, or otherwise to provide and estab-
lish an additional county jail for the confinement of pri-
soners, and for all other jail purposes at Cairo, on frac-
1853. 464
tional section number twenty-five (25,) or fractional sec-
tion thirty-six (36,) in townsliip number seventeen (17)
south, range one (1) west of the third principal meridian,
in said county : Provided^ that the erection of said jail or
other provision therefor, under this act, shall not be at the
expense of said county.
Approved January 26, 1853.
In force Jan. 26, AN ACT in relation to the support of the poor in Lake county.
1863.
Section 1. Be it enacted by the people of the state of
Illinois^ represented in the General Assembly, That at the
Vole. annual town meetings to be held in the several towns in
Lake county, on the first Tuesday in April next, it shall
be lawful for the legal voters of said towns to vote upon
and determine the question whether the paupers of said
county shall be supported out of the county treasury or
by the towns in wiiich said paupers are settled.
Duty of cu Ik. § 2. In giving notice of the annual town meetings of
the several towns in said county, it shall be the duty of the
town clerks to state in said notice that said question will
be submitted to a vote at such meeting; and at said town
meeting said question shall be voted upon by ballot, either
written or printed, or partly written and partly printed,
'■'•For County Support,''^ or ^'■For Township Support;''^
which said votes shall be canvassed by the presiding offi-
cers of said meetings, and entered upon the minutes by
the town clerks in the same manner as other ballots cast
at said town meeting. And it shall be the duty of the
several town clerks of said towns within twenty days
after tiie day of said town meeting to make out and transmit
to the clerk of the county court of said county a state-
ment certified by himself and the presiding officer of said
meeting showing the whole number of votes given at said
town meeting '■'■For County Support,''^ and the whole num-
ber given '■'■For Toicnship Sujrport.''^
§ 3. It shall be the duty of the clerk of the county
rnnvassot vote, court of said couuty, within three days after the expiration
of said twenty days, to canvass the votes so certified to
him, and certify the result of said canvass to the board of
supervisors of said county at their next meeting after said
canvass; and if it shall appear that the aggregate number
of votes cast at said town meetings in said county "For
County. County Support^'' exceed the number so cast "■For Town-
ship Sttpport,'^ it shall be the duty of said board of su-
pervisors to make immediate provisions for the support of
465 1863.
the paupers of said county at the expense of the county,
any thing in an act^ntitied "An act to provide for the sup-
port of paupers in Lake county," approved February 17,
1851, to the contrary notwithstanding.
§ 4. T.'iis act siiall take effect and be in force from and
after its passage.
Approved January 26, 1853.
AN ACT to amend an act entitled "An act to amend the charter of the '" f'^^e •*»"• ^n
Aurora Branch Railroad Company."
1853.
Be it enacted by the people of the state oj Illinois, repre-
sented in the General ^issemhly. That the first section of
the act entitled "An act to amend the charter of the Aurora -^"'endioo-t
Branch Railroad Company," approved June 22, 1852, be
and the same is hereby so amended as to authorize the Chi-
cago and Aurora Railroad Company to construct their road
across Fox River, at a point not further south than within
one-half of a mile of the mill-dam mentioned in the act to
which this is an amendment ; and said company shall fur-
nish ample facilities for doing business upon the west side
of the river, at Aurora, by constructing side-tracks, freight,
car and passenger buildings of sufficient capacity to ac-
commodate whatever amount of business may be offered.
This act shall take effect and be in force from and after
its passage.
Approved January 26, 1853.
AN ACT to amend an act entitled -'An act to exempt Walnut Hill Cemete- i,, force .Jan. -ita.
ry from taxation." is.'is.
Section 1. Be it enacted by the people of the state of
Illinois, represented in the Geiieral Assembly, That section
second of an act entitled "An act to exempt Walnut Hill Exempt ,rou,
Cemetery from taxation and execution," be and the same is Son': "'"'
hereby so amended as to exempt from taxation and execu-
tion Thomas Harrison's cemetery, in St. Clair county.
§ 2. This act to be in force from and after its passage.
Approved January 26, 1853.
[ E2]
1853.
466
AN ACT to incorporate the Ohio River and Wabash Railroad Company.
Section 1. Be it enacted by the people oj the state of
Illinois, represented in the General Assembly, That James
Campbell, D. Watts, William Smidley, A. Rankin, L. M.
Flournoy, T.W. Glenn, D. A. Given, Henry Earders, Wil-
liam F. Norton, James Langstorffe, John W. Jones, S. F.
Singleton, Alfred Boyd, Lawrence S. Trimble, James B.
Husband, Victor V. JBell, Edwin B. Webb, Wesley Sloan
and William Sim, with such others as may associate with
them for that purpose, are hereby created and constituted
a body corporate and politic, by the name and style of ''The
Ohio River and Wabash Railroad Company;" and by that
name to sue and be sued, plead and be impleaded, in any
court of tliis state ; to make and have a common seal, and the
same to break, alter and renew at pleasure ; and this com-
pany is hereby vested with all powers, privileges and immu-
nities which are or may be necessary to carry into effect the
purposes and objects of this act hereinafter set forth ; and j
said company is hereby authorized and empowered to locate, |
construct and finally complete a single, double or treble j
railroad or road, from the town of Brooklyn, on the Illinois
side of the Ohio river, in Massac county, and through the
state of Illinois, to a junction with the Ohio and Mississippi
Railroad, at or near the town of Vincennes, in Indiana, on
such route as shall be deemed to be best, and most expedient
and direct, and transport and take and carry property and
persons upon said railroad or way, by the power of steam, of
animals, or of any other mechanical or other power, or any
combination of them which said company may choose to ap-
ply; and for the purpose of constructing said railroad or way,
the said company is hereby authorized to lay out the road not
exceeding one hundred feet wide through the whole length;
and for the purpose of depots, cuttings and embankments,
and for the purpose of necessary turnouts, and for obtain-
ing stone, gravel and dirt, may take as much more land as
may be necessary for the construction and security of said
road, with permision to make any lawful contract with any
other railroad corporation in relation to the business of
said company, and also to make joint stock with any other
railroad corporation : Provided, that all damages that may
be occasioned by any person or corporation by taking of
any such land or materials as aforesaid, for the purpose
aforesaid, shall be paid for by said company in manner
hereinafter provided.
§ 2. That the capital stock of said company shall not
exceed four millions of dollars, and be divided into
shares of one hundred dollars each, which shares shall be
deemed personal property, and may be transferred in such
manner and at such places as the by-laws of said company
467 1853.
shall direct : P?'ovided, that said company m^iy commence
the construction of said road, with all the powers and priv-
ileges contained in this act, whenever the sum subscribed
to the capital stock shall exceed five hundred thousand
dollars.
§ 3. That the persons named in the first section of this open UH>k«.
act, or a majority of them, shall open books to receive sub-
scriptions to the capital stock of said company, at such
times and places as they, or a majority of them, may ap-
point, and shall give sucii notice of the time and place of
opening said books as they maj deem reasonable, and shall
receive said subscription under such regulations as they
may adopt for the purpose, and if more than four millions
of dollars shall be subscribed they shall have power to
make other shares, as subscribed, the capital stock : P?'o-
vided, tliey slial.l not exceed forty thousand shares ; and in
case tlie subscription should exceed forty thousand shares,
the same may be reduced and apportioned in such manner
as may be deemed mostbeneficial to the corporation : Provi-
ded, when the books shallbe opened for subscription of stock,
the said commissioners shall require not less than five dollars
tobe paid upon each share at the time ofsubscribing the same.
§ 4. That the immediate government and direction of Management oi
the affairs of the company shall be vested in a board of di-
rectors, to consist of twelve persons, who shall be share-
holders, who shall be chosen by the stockholders of said
company, in the manner hereinafter provided, and shall
hold their offices until others are duly elected and qualified
to take their places as directors; and six of said directors
and the president siiall be a quorum for the transaction of
business; shall elect one of their number to be president of
the company. They shall also choose a secretary and such
other officers as they may deem necessary, and a treasurer,
who shall give bond with security to said company in such
gum as the president and directors may require for the
faithful performance of his trust and duties, as may be pre-
scribed by this act and the by-laws of said corporation.
In the absence of the president, seven of the directors, one
of whom shall be appointed vice president, shall be a quo-
rum to transact business.
§ 5. That the persons authorized by this act to open cau mcecmg.
books for subscription to the capital stock, are hereby au-
thorized, after the books for subscription to the capital
stock of said company are closed, or when the sum sub-
scribed shall exceed five thousand shares, to call the first
meeting of the stockholders of said company in such way and
at such time, in the town of Paducah, Kentucky, as they may
appoint, for the choice of directors of said company ; and in
all meetings of the stockholders of said company each share
shall entitle the holder thereof to one vote; which vote may
1853. 468
be given in person or by prox}-; and the annual meeting of
the stockholders of said coin|:any for the choice of direc-
tors, sliall be holdfii in the town of Padncah, on the first
Monday in the month of May in each year.
§ 6. Tiiat in the event an election of directors shall not
be made on the day appointed, said company for that
cause shall not be deemed to be dissolved, and tlie direc-
tors shail have power to fill any vacancy whicii may occur
by death, resignation or otherwise.
§ 7. That the president and directors may have full
"^ ^''" power to make and j)rescribe such by-laws, rules and reg-
ulations as they shall deem needful and proper touching
the dis{)osition and management of the stock, property,
estate and effects of said company, not contrary to this
charter, or the laws of this state, or of the United States;
the transfer of shares, the duties and conduct of their offi-
cers and servants; touching the election of, and meeting of
directors, and all matters which may apj)ertain to the con-
cerns of said comj)any. Said company is also liereby au-
thorized to purchase, secure and hold such estate as may
be necessary and convenient in accomplishing the object
for which this incorporation is granted; and may, by their
agents, surveyors, engineers and servants, enter upon all
lands and tenements through which they may deem it ne-
cessary to make said road, and to survey, layout, and con-
struct the same; and to agree and contract for the land
.r.i w, . or right of way w'ith the owners, through whicli they may
intend to make saiil road. In case said lands belong to the
estate of any deceased person, then with the executor or
administrator of such; or in case of the same belonging to a
nt>. uc. minor, or person no7i compos mentis, then with his or her
guardian or guardians; or in case such lands be held by
trustees of school sections, or other trustees of estates,
then with such trustees; and the said executors, adminis-
trators, guardians and trustees are hereby declared compe-
tojit, for such estate or minor, to contract with said com-
pany for the right to use, occupy and possess the lands of
such estates, minors or trustees, so far as may be useful or
necessary to the purpose of said railroad ; and the act and
deed of such executors, administrators, guardians and trus-
tees in relation thereto shall pass the title in said land in
the same manner as if said deed or act was made or done
by a legal owner of full age; and such executor, administra-
tor, guardian or trustee shall account to those interested
upon their respective bonds for the amount paid him in
])ursuance of such agreement and compensation; and if the
said company and jiarlies representing lands prefer, they
may refer the question of compensation to arl)itrators, mu-
tually chosen, whose award, or that of their umj)ire in case
of disagreement, shall vest title, according to its terms.
469 1853.
§ 8. That if the said company cannot agree with the
owner of the land tlirough which they may desire the road
to pass, or with the executor, admhiistrator, guardian or
trustee, it shall and may be lawful for them to proceed in
the manner now provided for by the several laws of this
state for the condemnation of lands by incorporated com-
panies.
^ 9. That it shall bo the duly of the siierifF to ajjpoint si.criiv uo!-
and hold said inquest within ten days after the receipt of ''"" *
said writ o{ ad quod dammun^ except in cases of absence
aforesaid, in which case thirty ilays sliall be allowed him,
and five days in addition are allowed him for every addi-
tional jury which he may have under said writ; and for
every default therein, the said sheriff shall be fined by the
circuit court, at the instance of either party, not less than
twenty nor more than one hundred dollars; and every juror
and witness summoned shall be fined not less than ten dol-
lars for non-attendance; of all such fines as well as costs,
the circuit court of the county shall have jurisdiction.
There shall be allowed the following fees to the clerk of
the circuit court: for every writ of ad quod damnum^
seventy-five cents; for securing and filing inquest, seventy-
five cents; to the sheriff, for giving notice, seventy-five
cents, besides pririter's fees, not exceeding two dollars in
each case; for holding inquest, five dollars; and for sum-
moning witnesses, twenty-five cents, each; to jurors, sev-
enty-five cents per diem each; which fees are not allowed
until a verdict be returned and filed, and shall be taxed in
the bill of costs, and paid by the company: Provided, hoio-
ever, before the ajjplication for such writ, the said compa-
ny may make a tender to the owner or owners of any such
land a sum of money by them deemed equivalent to the
damage to be sustained; and upon refusal to accept the
sum tendered and a verdict for tiie same amount or a less
sura, the costs shall be taxed to and paid by the owners of
the land upon which inquest is held.
§ 10. That the said company is hereby authorized to
construct and build and use a single, double or treble rail-
road or way, of suitable width and dimensions, to be de-
termined by the directors of said company, on the line or
course by them designated; and shall have power to regu-
late the time and manner in which goods and passengers
shall be transported, taken and carried on the same ; and
shall have power to erect and maintain toll-houses and
other buildings, for the accommodation of their concerns,
as they may deem suitable for their interests.
§ 11. That it shall be lawful for the company hereby in-
corporated, from time to time, to (w, regulate and receive the
toll and charges by them to be received for transportation
of persons and property on their railroad or way afore-
1853. 470
said hereby autliorized to be constructed, erected, built
or used, or upon any part thereof.
i>i.;'.iiyiur inju- § 12. That ifany persou or persons will or shall wiltully
iv u. roaii. ^^ ^j, cause to be done any act or acts whatsoever, whereby
any building, construction or works of said company, or any
engine, machine or structure, or any matter or thing apper-
taining to the same, shall be stopped, obstructed, impaired,
weakened, injured or destroyed, the person or persons so
offending shall be deemed guilty of a misdemeanor, and
shall forfeit and pay to the said company double the amount
of damages sustained by reason of such offence or injury,
to be recoverd in the name of said corporation, with costs
of suit, by action of debt.
Vfsud witii uie § 13. The said company and under their direction,
siiaio i'"^^r^as ^Jieir agents, servants and workmen are hereby vested
v.-iiieyR.K.co. ^j^Ij ^}^g samc powcr and authority as are granted to the
Wabash Valley Railroad Company by an act entitled "An
act to incorporate the WabashValley Railroad Company and
to regulate the capital stock of other railroads," approved
June 22d, 1852, to enter into and upon the lands or grounds
of or belonging to the state, and to survey and take levels
of the same, or any part thereof, and to set out and ascer-
tain such parts as they shall think necessary and proper for
making the said railroad, and for all purposes connected
with the construction thereof; and the said company is
hereby authorized and empowered, from time to time, to
borrow such sum or sums of money as may be necessary
for completing, furnishing and operating their said rail-
road ; and for this purpose they are authorized to issue and
dispose of their bonds in denominations of not less than
five hundred dollars, at such rate of interest, not exceed-
ing ten per cent. )>er annum, and at such rate of discount
as may be deemed necessary for the benefit of said com-
pany. The terminus of said railroad, on the Ohio river,
shall be at the town of Brooklyn, in Massac county, in
this state.
§ 14. That the directors of said company may require
**^''" ' '"""""'the payment of the sum or sums subscribed to the capital
stock of said company, at such times and in such propor-
tions, and upon such conditions as they may deem fit ; and
in case any stockholder shall refuse or neglect to make
payment pursuant to tlie requisition of the board of direc-
tors, the stock of such stockholder may be sold by the di-
rectors of said corporation at public auction, after the lapse
of ninety days from the time when the payment became
due, and tiie surplus money, the avails of such sale, after
deducliiig the payments due and interest thereupon, and
the necessary expenses of sale, shall be paid over to such I
delinquent stockholder.
471 1853.
§ 15. Tliat if the said railroad shall not be commenced
within five years from the passage of this act, and shall not
be finished within the state in ten years from the time of
the commencement thereof, then this act shall be null and
void.
§ 16. This act shall be deemed and taken as a public
act, and shall be in force from and after its passage.
Approved January 25, 1853.
AN ACT to authorize the city of Qiincy to subscribe to the stock of the in f'Tce Jaii
Northern Cross Railroad Company. '^^'3.
Section 1. Be it enacted by the jieople of the state of
Illinois, represented in the General Jlssembly, That the
city of Quincy is hereby authorized to subscribe for shares subscriptioii,
of stock in the Northern Cross Railroad Company, in any
sura not exceeding one hundred thousand dollars, in addi-
tion to the subscription made by the city to the stock of
said company under the provisions of an act entitled "An
act supplemental to an act entitled 'an act to provide for a
general system of railroad incorporations,' " approved
November sixth, eighteen hundred and fortj'-nine ; and
which stock so subscribed for shall be under the control
of the common council of said city, in all respects, as stock
subscribed by individuals.
§ 2. That for the payment of the stock so subscribed issue bocas.
the common council of the city is hereby authorized to is-
sue to said company the bonds of said city at par, bearing
interest not exceeding eight per cent, per annum, payable
semi-annually, with interest coupons annexed, and execu-
ted by the mayor of the city, under the seal thereof, and
countersigned by the city clerk, to an amount equal to the
par value of the shares of stock subscribed, and to pledge
the faith of the city for the semi-annual payment of the in-
terest and the ultimate redemption of the principal.
§ 3. Tiiat before the additional stock aforesaid shall Election.
be subscribed an election shall be held to ascertain whether
the citizens of said city are desirous that such subscription
be made ; and which said election shall be called by the
common council of the city, and held and conducted and
returns tiiereof made in the manner required by the fourth
section of the act mentioned in the first section of this act.
In case a majority of the voters voting at said election
shall be in favor of the subscription, such authorized sub-
scription shall then be made by the common council of said
city. The bonds which shall be issued under the provisions
1853. 472
of tliis act shall be issued for the amount of, and at the
time the assessments upon the other stockholders of said
company shall be regularly assessed and made payable :
Provided^ that the common council of the city may at any
time issue to the said company the full amount of the
bonds to be issued in payment of such subscription when-
ever in their discretion they may deem it advisable.
ai ,a^. § 4. That the city council of said city is hereby au-
thorized to levy and collect a special annual tax on all real
and personal property situated in said city, for the payment
of the interest on said bonds, in the same manner as is pro-
vided by an act entitled "An act to authorize the city of
Quincy to collect a special tax for the purposes therein
named," approved February the seventeenth, eighteen
hundred and fifty-one; and the provisions of the act afore-
said in relation to tiie levy, collection and appropriation of
the tax therein mentioned shall in every respect apply to
the tax to be levied by virtue of this act. Tiiis act to take
effect and be in force from and after its passage.
Approved January 26, 1853.
AN ACT for the relief of Noah Minnicks.
Whereas at the September term, 1847, of the circuit court
of Crawford county, Illinois, Noah Minnicks was con-
victed of the crime of larceny, which has deprived him
of the right of citizenship ; therefore —
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly, That the
said Noah Minnicks is hereby restored to the full rights
and privileges of citizenship.
§ 2. That this act be in force from and after its passage.
Approved January 26, 1853.
lu force Jan. 2G. AN ACT to vacate parts of certain streets in the town of Robinson.
1853.
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General ^Jssembly, Tliat so much
vacai..). qJ- franklin street as passes over or lies between Main
street and Locust street and adjoining lots No. eighty
(80,) seventy-nine (79) and eighty-one (81,) together
with so much of Lincoln and Cliesiiut streets as lies ad-
joining lots number one hundred and four (104,) one hun-
473 1853.
dred and five (105,) one hundred and six (106,) one
hundred and seven (107) and one hundred and eight ( 108,)
situate in the town of Robinson, Crawford county, and
state of Illinois, be and the same is hereby vacated; and the
parts of said streets vacated shall belong to and the title
is hereby vested in the owners of the adjoining lots.
§ 2. This act to take eflect and be in force from and
after its passage.
Approved January 26, 1853.
AN AC rgnintiiijs: further time to the Sangamon and Morpran Railroad Com- 1" force Jan. 24.
pany to repair a portion of the Northern Cross Railroad. ^^°^"
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly, That the time Time extencfed.
allowed the Sangamon and Morgan Railroad Company in
the first section of an act approved January 23, 1851, en-
titled "An act to incorporate the Sangamon and Morgan
Railroad Company," approved March the first, A. D. 1845,
be and the same is hereby extended so as to allow the said
company until the first day of July, A. D. 1853, to repair
that part of the Northern Cross Railroad leading to ihe
town of Meredosia, from the point wliere the said road is
intersected by a lateral road to the town of Naples ; and
that the said company, on repairing the said part of the said Repair ,.a,t of
road in the manner provided for in the first section of said '^"*'^-
act, by or before the said first day of July, A. D. 1853, and
keeping the same in repair as hereinafter provided, shall
be entitled to the release and discharge of forfeitures, and
the confirmation of their rights, privileges and franchises,
in all respects, to which they would have been entitled if
they had repaired the said part of the said road within the
time provided for in the said first section of the said act, and
kept the same in repair and use as therein provided : Pro- Proviso.
vided, nevertheless, that the foregoing time for the repair-
ing of said road to Meredosia, and the release of forfeitures
aforesaid, and the confirmation of rights aforesaid, are
granted to the said company upon the following express
conditions, to wit —
1st. That so much of said Northern Cross Railroad as
lies between the town of Meredosia and a point where said
road is intersected by a lateral road to the town of Naples,
shall, prior to the first day of July next, be put in the same
state of repair and with the same kind of material which
are used upon the road from the said intersection to Spring-
field, and shall, for and during the corporate existence of
1853. 474
said company, be kept in the same state of re{)air, using
the same kind of materials, and sliallbe kept in use for the
transportation of persons, property, &c., and operated with
the same power as the residue of said road from said inter-
section to Springfield.
Pile acceptance ^^' That Said Company shall, within (60) sixty days from
with secretary the passagc of this act, accept of the same and its provi-
of state. .i o_ 'i . /.i.T
sions as obligatory upon them, by a resolution of their di-
rectory, certified by the president and secretary of said
company, under the seal of said company, and filed in the
office of the secretary of state.
Fenaity for fail- 3d. And if Said Company, after said acceptance, shall
°'^* fail to comply with the provisions of this bill, they shall for-
feit all rigiit, title and interest and claim which they have
in and to said Northern Cross Railroad and lateral road,
and the property thereon and connected therewith, and the
whole property, as it may be situated, shall revert to and
belong to the state of Illinois, and all the rights of the cor-
poration shall vest in the governor for the use of the state.
Approved January 24, 1853.
In force Jan. 26, AN ACT to authorize the board of supervisors of La Salle county to bor-
^^^^- row money and levy a tax to pay the same.
Section 1. Be it enacted by the jyeople of the state of
Illinois, represented in the General jissemhiy, That the
Borrowmoney. board of supcrvisors of La Sallc county be authorized to
borrow a sum of money, not exceeding six thousand dol-
lars, as in the discretion of said board may be necessary,
at a rate of interest not exceeding eight per centum per
annum, for the purpose of enabling said board of supervi-
sors to purcliase a farm and erect suitable buildings on the
same, so as to accommodate the county paupers.
Levy anfi collect § 2. The luoney borrowcd by Said board of supcrvisors
of La Salle county, under this act, shall not be borrowed
for a longer time than ten years, from the first day of Feb-
ruary next; and for the purpose of paying tlu^ interest
which may accrue and become due thereon, which inter-
est shall be paid annually, and for the purpose of enabling
said county to pay the amount of the principal which is
authorized to be borrowed by this act within the time
specified, the board of supervisors is hereby authorized to
levy and collect a tax, not to exceed the sum of twenty
cents on the hundred dollars worth of taxable property, in
addition to the amount now assessed for county ])urposes,
which shall be assessed and collected in the same manner
as other county taxes are now assessed and collected, and
476 • 1863.
which shall be designated as the "county loan tax," and
shall cease to be levied so soon as the clerk of said board
of supervisors shall certify that the principal and interest
of said loan is liquidated.
Approved January 26, 1853.
AN ACT to amend the city charter of Galena.
Section 1. Be it enacted by the people of the state of
Illinois, rejjresented in thv: General Jlssemhhj, That the fifth Elect offic-^r*.
section of an act passed and approved on the fifteenth day
of February, A. D. one thousand eight hundred and thirty-
nine, entitled "An act to amend the several acts incorpo-
rating the town of Galena," be so amended that at all sub-
sequent elections the white male citizens of Galena shall,
in their repective wards, in such manner as is now provi-
vided by law, or as the city council may hereafter ordain,
proceed to elect a mayor, two aldermen from each ward,
a city clerk, treasurer, city attorney, harbor and lumber
master, health officer^ inspector, market and weigh master,
superintendent of ways and bridges, city surveyor, city
marshal, and two city constables, who shall hold their re-
spective offices as now provided by law. This act shall
take effect and be in force from and after the same shall
be accepted by the qualified voters of the city of Galena,
at the election to be lield for that purpose.
Approved January 26, 1853.
AN ACT to incorporate the Union Cemeterv Association. In force Jan. 36.
1853.
Section 1. Be if enacted by the people of the state of
Illinois, rej)resented in the Gener^al Assembly, That Peter
B. Johnson, John Phelps and James Richards, and their as-
sociates and successors, be and they are hereby created a
body corporate and politic, by the name and style of "The style.
Union Cemetery Association," located in the town of But-
ler, Winnebago county, and by tliat name and style to
have perpetual succession, and all the powers, rights, lia-
bilities and immunities incident to a corporate body.
§ 2. The officers of said association shall be three di- Directors,
rectors and such other officers as by this act may be au-
thorized or created, each of whom shall be the owner of
one or more lots in the cemetery of said association. Said
1853.
476
directors, or a majority of them, in all cases, shall consti-
tute a board for the transaction of business and the man-
agement of all the property of said association, and shall
be elected by ballot on the first Monday of February, bi-
ennially, and shall hold their offices until their successors
are elected.
§ 3. Said board of directors shall choose from their
own number a president an^ treasurer, and shall aj)point
from the members of said association a secretary, sexton,
and such other officers as the interest of said association
may require. Said treasurer shall give a bond, with secu-
rity for the faithful discharge of his dut}*, if required by
said board.
§ 4. At all elections of said association two of said di-
rectors shall act as judges, and the secretary as clerl
thereof, if present. In case of absence of the director^
and secretary, the members of the association may eleCi
the judges and clerk from their own numbers. Said boart
may, b}? giving ten days' notice, hold a special election t6
fill vacancies occasioned by tlie death, resignation or re-i
moval of any of said directors.
§ 5. Every person having title to one or more lots in
said cemetery shall be a member of said association, and
entitled to one vote ordy.
§ 6. >aid board of directors shall have power to pur-
chase, receive by grant or otherwise, and hold lands, not
exceeding ten acres, for a cemetery, and to lay out the
same into lots suitable for the burial of the dead, and also
to sell and convey the same, by certificate of purchase,
signed by the president and attested bj^ the secretary; and
tlie purctiasers thereof, their heirs and assigns, sliall use
their said lots for burial purposes onlj'.
' § 7. The proceeds arising from the sale of said lots shall
be applied by said directors in making such improvements
upon said cemetery as they shall think necessary or appro-
priate; and said board of directors shall have power to es-
tablish and change by-laws, prescribe rules and regula-
tions for the appointment, term of office, duties and fees of
their officers, the government of the association, and tlie
general supervision and control of its pioperty. Said board
may, for cause, remove any of the officers of its aj)point-
ment.
§ 8. All deeds and other writings, made or issued by said
association, shall be signed by the president and attested
by the secretary.
§ 9. Said directors shall cause to be kept and preserved
in a book or books provided by them for the purpose, a full
and complete record of all their meetings, orders, purchases
and sales of property, with the names of parties tliereto,
also a complete register of the burials in said cemetery;
477 1853.
which book of record shall at all times be oj)cn for the in-
spection of the members of the associatioii, and uu ler the
control of said board of directors.
§ 10. The right of property to any lot or lots in said Rigiuonr.
cemetery shall be vested | in | the pnrcliaser, by certificate
of purchase signed by the president and attested by the
secretary; which certificate shall be recorded by the sec-
retary; and every transfer of such certificate shall be made
by surrendering the same to the secretary, who shall there-
upon issue a new certificate to the assignee and cancel
the former. No person shall hold title to more than two
lots.
Approvkd January 26, 1S53.
AN ACT to amend the charier of the Illinois Liberal Institute. i
Section 1. Be it enacted hy the people of the state of
Illinois, represented in the General .issembly, That the
third section of the charter of the Illinois Liberal Institute,
approved February fifteenth, A. D. one thousand eight
hundred and fifty-one, be and the same is hereby repealed.
§ 2. That the following shall be the third section in substu^.e
said charter, to wit : the said institution shall be located
in the town of Galesburg, in the county of Knox ; and the
persons named in the first section of said charter, and their
successors, shall be trustees thereof. Said trustees shall
have power to locate and erect the necessary buildings,
to elect a president of said institute, to appoint profes-
sors, and such teachers, either male or female, and employ
all such agents as may be requisite to the purpose of the
corporation; to dismiss or remove anv or all of them at
their pleasure, and to appoint otiiers in their stead. The
trustees shall also have power to prescribe the cours-j of
study, fix the price of tuition, and determine the compen-
sation of the president and ail other persons employed in
the institution.
Repeaw
5 3.
That the proviso in the fourth section of said
charter shall be amended so that the whole amount of
property so held by said trustees, exclusive of legacies and
donations, shall not amount at any time to more' tiian fifty
thousand dollars.
§ 4. That the proviso in the fourteenth section of said»*'f«»ie'-
charter, be and the same is hereby repealed, and the fol-
lowing shall be the proviso to said section, to wit : Pro- Proviso.
vided, that the president, professors and teachers in said
institute may be stockholders therein, but in no case shall
.853. 478
such persons be trustees thereof, while he or they are
acting as such president, professors or teachers.
ity. § 5. That the president, and as many of said professors
and teachers as the trustees shall at any regular meeting
select, shall compose the faculty of said institute, and shall
have lull power to confer degrees upon and grant diplo-
mas to such students as shall be deemed qualified ; and all
such diplomas shall be signed by said faculty, the presi-
dent and secretary of the board of trustees, and shall have
affixed thereto the seal of the said institute.
§ 6. This act shall be deemed a public act, and may be
used as evidence without being specially pleaded, and shall
be in force from and after its passage.
Approved January 26, 1853. i
In force Jan. 26, AN ACT to amend an act entitled "An act to authorize Thomas H. Owen
^^^^- to iSeep a ferry across the Mississippi river, at Nauvoo."
Section 1. Be it enacted by the peojjle of the state of
Illinois, represented in the General Assembly^ That sec-
Amemiment. tion "3" of an act entitled "An act to authorize Thomas
H. Owen to keep a ferry across the JNIississippi river, at
Nauvoo," approved February 8th, 1849, be and the same
is hereby amended by adding the following words to said
section : that the management and regulation of the said
ferry, and the rights and privileges of the owners thereof,
shall be governed and secured by chapter forty-two of the
Revised Statutes, entitled ferries and toll-bridges ; and so
much of the said act as conflicts with the above provisions
is hereby repealed.
Approved January 26, 1853.
to forco Jan, 26, AN ACT to authorize William H. Allen and his associates to establish and
1853. keep a ferry across the Mississippi river, at the town of Grafton, Jersey
county, Illinois.
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly, That Wil-
R«ubii8b ferrj, jj^^^j pj Allen aud his associates, and his or their heirs and
assigns, be and they are hereby authorized to establish and
keep in operation a ferry across the Mississippi river, at
the town of Grafton, in Jersey county, to the opposite shore,
on the Missouri side.
479 1853.
§ 2. The said William H. Allen, his heirs and assigns, tou.
shall be allowed such rates of ferriage, and be entitled to
the same privileges, and subject to all of the duties con-
tained in chapter forty-two of the Revised Statutes of this
state, entitled "ferries and toll-bridges."
This act to take effect from and after its passage.
Approved January 26, 1853.
AN A(JT entitled an act to change the name of Mary Ann Burns.
Section 1.. Be it enacted by the people of the state of
llUnuis, represented in the General Assembly, That the Name obanged.
name of Mary Ann Burns be and tlie same is hereby
changed, for all purposes whatever, to the name of Mary
Ann Merril.
This act shall take effect and be in force 'from and
after its passage.
Approved January 26, 1853.
AN ACT to change the name of the town of Centreville, in Fulton county, in force Jan. .'6,
to Cuba. 1853.
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly, That the Name changed.
name of the town of Centreville, in Fulton county, be and
it is hereby changed to that of Cuba : Providing, however,
that the change of name shall in nowise affect contracts
or conveyances heretofore made.
Approved January 26, 1853.
AN ACT to change the name of the town of Pleasant ville, in Fulton In force Jan. 26.
county, to Ipava, '*''^-
Section 1. Be U enacted by the people of the state of
Illinois, represented in the General Assembly, That the change of name.
name of the town of Pleasantville, in Fulton county, be
and it is hereby changed to that of "Ipava :" Provided,
however, that the change of name shall in nowise affect
contracts or conveyances heretofore made.
Approved January 26, 1853.
1853. 480
tn force Jan. 26, AN ACT to chan-je Ihe name of Thomas P. Blair.
1853. ='
Skction 1. Be it enacted by the people of the state of llli-
nois, represented in the General Jlssemhhj^ That the name
Nameci>an,ed. ^f Thomas P. Blair, of Pope county, Illinois, be and the
same is hereby changed, for all purposes whatsoever, to
the name of Thomas P. Warwick.
This act shall take eflect and be in force from and after
its passage.
Approved January 2G, 1853.
inforc? Jan. 2t, AN ACT vacating a part of: the town of Sterling. in thecounty of Whitesi(l»-.
1853.
Section 1. Be it enacted hxj the people of the state of •
Illinois, represented in the GeneraUissemhly, That all that '
v.i..at«i. part of the town of Sterling, west of Broadway, and lying ;
west of Locust street, together with block forty-two, and .
so much of the Front street lying and being between said
block forty-two and the river, be and the same is hereby
vacated ; the title thereto to vest and remain in the own-
ers and proprietors of the lots in said part of the town and
block hereby vacated.
This act to be in force from and after its passage.
Approved January 24, 1853.
In force Jan. 24, AN ACT authorizing George W. Renwick to erect a building in Fox
la.'ia.
KriiiU building.
at the town of Elgin, Kane county, Illinois.
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly, That George
W. Renwick, of Elgin, Kane county, and state of Illinois,
be and he is hereby authorized and empowered to erect
and maintain, for the purpose of carrj^ing oi^ the black-
smitii or other business therein, a building in Fox river, at
or near the east end of the bridge across said river, at said
Elgin : Provided, the same shall not obstruct the water-
power of any person on said river, nor the current of said
river.
Approved January 24, 1853.
481 1853.
AN ACT to tax the inhabitants of school district No. 5, in the township of in force Jan. 24.
Aurora, Kane county, Illinois, for school purposes. *^^^-
Section 1. Be it enacted by the people of the state of
Illinois^ represented in the General Assemhlij^ That from
and after the passage of this act that the schools in district
number five, in the township of Aurora, in the county of
Kane, shall be supported by taxation, to be assessed and Taxation.
levied by the school directors of said school district, upon
the real and personal property and estate within the said
school district. Said tax to be collected by the collector
of said school district in the same manner teachers'
wages are collected by said district collector under the
school law as amended February, 1851.
Approved January 24, 1853.
AN ACT to increase the number of directors of the Warsaw and Rockford in force Jan. -24,
Railroad Company. 1853.
Section 1. Be it enacted by the people of the state oj
Illinois, represented in the General Assembly, That at the
first election of directors for said company, which may beNnmberofdirec-
held after the passage of this act, it shall be lawful for the *^"*
stockholders thereof to elect seven directors of said com-
pany, and that the directors of said company may at any
time, by resolution of the board, increase the same to any
number not exceeding thirteen, to be elected by the stock-
holders in the same manner that other directors are elected.
§ 2. This act to be in force from and after its passage.
Approved January 24, 1853.
AN ACT for the relief of A. S. Jeffries, one of the securities of William in force Jan. 22.
J. Arnold, late collector of Jasper county. 19*3-
Section 1. Be it enacted by the people of the state of
Illinois, rejjresented in the General Assembly, That A. S.
Jeffries be and he is hereby released and discharged from Released.
all liability to the state, by reason of his having been one
of the securities on the collector's bond of William J. Ar-
nold, late collector of taxes of Jasper county for the year
1847.
Approved January 22, 1853.
F2
1863.
482
In force Jan. 24, AN ACT authorizing certain persona holding property in trust for the use of
1853. {jjg Protestant Episcopal church in the slate of Illinois to convey the same.
Preamble. Whereas certain lands, tenements and other property in
this state have been heretofore conveyed to the Right
Reverend Philander Chase, bishop of the Protestant
Episcopal church in the diocese of Illinois, or bishop of
Illinois, and to other persons, upon the trust, expressed or
implied, to hold and transmit the same to the successors
of said bishop in the state of Illinois, for the use and ben-
efit of various religious congregations of the Protestant
Episcopal church, and for the religious, charitable and
literary purposes of said church ; and whereas certain
land in the city of Chicago has been conveyed to the
Right Reverend Henry John Whitehouse, the present
bishop of the Protestant Episcopal church in Illinois, for
the purpose of erecting thereon a cathedral, church,
dwelling house, schools and other buildings, on the same
trustj^expressed or implied, to hold and transmit the same
to his successors ; and whereaSjdoubts may arise whether
the said bishop and other persons before mentioned can
well and sufficiently hold and convey said lands, tene-
ments and other property, and also whether the succes-
sors of the Riglit Reverend Henry John Whitehouse can
take and hold the legal title of and to the same ; and
whereas there is danger of loss to said church and socie-
ties unless the said bishop of Illinois and his successors
are legally authorized to take, hold and convey real es-
tate for such religious and charitable uses ; therefore —
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly, That all
eonveyances. gifts, grants, deeds, wills and other conveyances wherein or
whereby any lands, tenements or other property within
this state have been given, devised or granted, or in any
manner conveyed, by any person or persons whatever, un-
to any person, by the name, style or title of bishop of the
Protestant Episcopal church, in the state or diocese of Illi-
nois, or bishop of Illinois, and his successors, or to any
other person upon the trust, expressed or implied, to take,
hold and receive the same, for the use and benefit of any
religious congregation of Protestant Episcopalians, or for
the support, aid or maintenance of the cathedral church,
of any hospital, almshouse, seminary, church, parsonage,
or for burial grounds or other religious or charitable pur-
poses, within this state; and all such gifts, grants, deeds,
wills and other conveyances which may hereafter be made,
are hereby confirmed and declared to be good, sufficient
and effectual in law, to vest tho legal title and estate in fee
simple of, in and to tiie said lands and tenements and other
property in such grantee or devisee, and in such persons
483 1853.
as shall be in future the successors of the said bishop of
Illinois, forever, and in no other person or persons whatso-
ever : Provided^ however^ that it shall be necessary, in re- Proviso.
lation to all gifts, grants, deeds, wills and other conveyan-
ces heretofore made as aforesaid, that the persons to whom
the same were made, or such persons as they may have
conveyed to, if living, shall release their interest and es-
tate therein to the said bishop of Illinois : Jind j)rovided
further, that nothing in this act shall be taken or construed
to give or grant to the said bishop of Illinois, or his succes-
sors, the right to hold real estate in trust for any religious
society, except for charitable, religious and literary pur-
poses, or for burial grounds, as provided for in this act.
Approved January 24, 1863.
AN ACT to amend an act entitled "An act to incorporate the Shawnee in force Jan. is,
Coal Company," approved February 12, 1851. 18C3.
Section 1. Be it enacted hy the people of the state of
Illinois^ represented in the General Assembly, That said
company may acquire and hold, in addition to that named ?ower to hoM
in the act to which this is an amendment, other real estate ^^""^^^ ^'
and mining rights, in the counties of Gallatin and Hardin;
to buy, build and own boats for the carrying on their busi-
ness, and to dispose of their property or any of it by sale
or otherwise; to engage in the mining of coal, iron, salt
and other minerals, and in the manufacture and sale of
salt, lime, iron and products of their lands and other arti-
cles and commodities, and in the transportation of same or
any of them to home or foreign markets; to hold their
meetings within or without the state, and to have all
powers needful for the successful prosecution of their
business, and for the execution of the powers herein
granted.
§ 2. Said company may lay out, construct, own and B»5'«'ad-
maintain a railroad or railroads, and wagon roads, with
their appurtenances, from any point or points on their lands,
or on lands which they may lease, to such point or points
on the Ohio or Saline rivers, as they may deem expedient
or proper for the successful prosecution of their said busi-
ness; and should the lands across which such road or roads
be located belong to any fevime covert, infant or insane infants, &c.
person, the husband of such femme covert, or guardian of
such infant, or conservators of such insane person, may
release all damages for and in said lands, and adjust game,
and convey the right of way to said company as fully as
1853.
484
might be done by the party if free from such disability.
And in event of non-agreement with the owners of lands
that may be required by said company for the location
and construction of said road or roads, or with any of them,
or with such husband, guardian or conservators, said com-
pany may acquire the right of way and occupancy, and
adjust the damages in the manner provided by the law of
this state, now in force, concerning the right of way ; and
when the damages are assessed and paid, or tendered ac-
cording to the provisions of said law, the lands so acquired
shall be vested in said company for the use of said road or
roads; and when such right of way shall have been awarded
under said law, a copy of the report may be filed and re-
corded in the county where such lands are situate, and a
due certified copy of such record shall be taken and re-
ceived as evidence in all trials relating to same.
§ 3. Said company may contract debts not exceeding
at any one time in amount one-third the amount of the
capital stock actually paid in, and provided it has within
this state, at all times, property equal in value to the
amount of its indeb'tedness; and said company may receive
real estate in payment of such part of the subscription as
they may deem desirable.
§ 4. All acts or parts of acts inconsistent with the
foregoing provisions and amendments be and the same are
hereby repealed, and this act shall take effect from and
after its passage.
Approved January 18, 1853.
In force Jan.
1853.
AN ACT to amend an act entitled "An act to incorporate the Chicago South
Western Plank Road Company," approved 10th February, 1849.
Section 1. Bt it enacted by the people of the state of
Illinois, represented in the General ^dssembly, That the
Construct rail- Said Chicago South Western Plank Road Company are
road. hereby authorized, in place of its plank road, to construct
and maintain a railroad over the route mentioned in its
charter, and for that purpose shall have- all such additional
powers as are necessary for tlie constructing and operating
a railroad for the transportation of persons and property
cuitai stock m- for hire. The capital stock of said company may be in-
cioased. creased to three million of dollars. Tiie route of said
road from Chicago to Aurora shall be by way of Naper-
ville. Upon the acceptance of this amendment, the name
of said corporation shall be changed to that of "Chicago
Western Railroad Company."
485 1853.
§ 2. This act to take effect, and be in force from and
after its passage.
Approved January 20, 1853.
AN ACT to change the name of Marshall Myrick to that of Marshall My- in force Jan. 22.
rick Cooper. ^^^^•
Section 1. Be it enacted by the people of the state oj
Illinois, represented in the General Assembly, That the
name of Marshall Myrick, of the county of Jersey, the Name changed.
adopted son of Jonathan E. Cooper of said county, be
changed to that of Marshall Myrick Cooper.
§ 2. That the said Marshall Myrick Cooper shall be ^'si-t^-
and he is hereby declared to be entitled to all the rights
that would belong or pertain to him were he the natural
son of the said Jonathan E. Cooper.
§ 3. This act to take effect and be in force from and
after its passage.
Approved January 22, 1853.
AN ACT to authorize James Gray to establish a ferry across the Missis- in force jaa. 15,
sippi river. ^853.
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly, That James
Gray, his heirs and assigns, be and they are hereby author- Eatawish feirr.
ized to establish and keep a ferry across the Mississippi
river between the town of Appanoose, in the county of
Hancock, and state of Illinois, and Fort Madison, in the
county of Lee, and state of Iowa, for the term of eleven
years from the passage of this act, during which time no
license shall be granted to any other person or persons,
nor shall any other person or persons, or body corporate,
establish, keep or run a ferry, and land within two and a
half miles of said town of Appanoose, under the forfeitures
and penalties hereinafter referred to.
§ 2. The said James Gray, his heirs and assigns, shall Ferryboats.
keep a good and sufficient steam or horse ferry boat, to-
gether with such other boats as may be necessary for the
speedy and safe transportation of passengers, teams, horses,
cattle and other animals, as well as goods and effects be-
longing to passengers, and shall also furnish said boats
with men of sufficient skill to manage the same, and may
1853.
486
receive such rates of ferriage therefor as may be allowed
by the county court of said county of Hancock.
§ 3. The said James Gray, his heirs or assigns, shall
pay into the county treasury of said county of Hancock,
such amount of tax as may be assessed upon said ferry by
the said county court, not exceeding thirty dollars per
annum, and the management and regulation of the said
ferry shall be governed by the act to establish ferries and
toll-bridges, approved March the third, one thousand eight
hundred and forty-five; and the said James Gray, his heirs
and assigns, shall be entitled to the benefits and forfeitures,
and may recover and receive the penalties of any and all
persons infringing or disturbing the rights hereinbefore
granted, in the same manner as is now provided in chapter
forty-two of the Revised Statutes, entitled "ferries and
toll-bridges."
§ 4. This act shall take effect and be in force from and
after its passage. ^
Approved January 15, 1853. 1
111 force Jan. 20, AN ACT to authorize the voters of the county of Hancock to vote upon
18^3* the question of township organization.
Section 1. -6e it enacted by the peoj)le of the state of
Illinois, represented in the General Assembly, That on the
^'''''" first Monday in the month of March next the question of
township organization be and the same is hereby submit-
ted to the legal voters of the county of Hancock to be vo-
ted for or against, and the election shall be conducted, the
Returns. votes cauvasscd and the returns made in like manner as
votes for state and county ofiicers, and the abstract of said
votes shall be made out and certified to in the manner pro-
vided for by an act entitled "An act to provide for town-
ship organization," approved February the 17th, 1851.
or?auizatiou. § 2. If it shall appear by the returns of said election
that a majority of the legal voters voting at such election
are in favor of township organization, then said county of
Hancock shall be governed by and subject to the piovi-
sions of said act entitled "An act to provide for township
organization," approved February the 17th, 1851; and the
said towns or townships in the said county, as heretofore
divided and established by the commissioners appointed by
the county court of said county for that purpose, shall,
without the appointment of any new commissioners, or the
making of any other division thereof, be deemed and held
a sufficient division of said county in towns, according to
the provisions of the act before mentioned, and shall, in all
487 1853.
courts and for all purposes, be considered the legal towns
of said county until otherwise altered.
§ 3. It shall be the duty of the secretary of state, im- ^t^/'cSJ.*"^'^'''"
mediately after the passage of this act, to cause a copy
thereof to be forwarded to the clerk of said county of Han-
cock, who shall forthwith cause notices to be posted up in
three of the most public places in each of the precincts of
said county, giving notice of said election or vote to be ta-
ken twenty days previous to the holding thereof.
§ 4. This act shall take effect and be in force from
and after its passage.
Approved January 20, 1863.
AN ACT in addition to an act entitled "An act to authorize the construe- in fores Jan.
tion ot'ja bridge across the Illinois river," approved January 26th, 1847, and 1853.
to an act entitled "An act in addition to said act," approved June 19, 1852.
Section 1. Be it enacted by the people of the state of
Illinois^ represented in the General Assembly^ That the
Peoria Bridge Association shall have full power and au- ferryboats.
thority, whenever the .bridge of said Peoria Bridge Associ-
ation shall be out of repair and unfit for the safe and con-
venient passage of persons and property across said bridge,
to run a sufficient number of ferry-boats, at or near the
outlet of Lake Peoria, where said bridge is erected, to ac-
commodate all persons and their property in crossing said
river; and the said Peoria Bridge Association shall have
full power and authority to demand and receive the same
tolls for crossing said river as the said Peoria Bridge As-
sociation is now entitled to receive for crossing said bridge
by virtue of the said acts of incorporation.
§ 2. This act to take effect'and be in force from and
after its passage.
Approved January 17, 1863.
AN ACT to vacate the town plat of the tov?n of Hartford, in the county of in force Feb.
Adams. 1863.
Section 1. Be it enacted by the jdeople of the state of
Illinois, represented in the General Jlssembly, That the
town of Hartford, situate on the northwest half of section Town piat va
six, in township one north, of range eight, west of the fourth '''*^'
principal meridian, in the county of Adams, be and the
same is hereby vacated.
1853. 488
§ 2. This act to take effect and be in force from and
after its passage.
Approved Feb. 3, 1853.
In force Feb. 11, AN ACT entitled ''An act to chan£;e the name of the Gennesseo Manual
^853. Labor High School."
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Jissembly, That the
institution in Henry county heretofore known by the name
of the Gennesseo Manual Labor High School, shall in fu-
ture be called "The Gennesseo Seminary."
§ 2. This act shall take effect immediately after its
passage.
Approved February 11, 1853.
In force Feb. 11, AN ACT to release a certain judgment therein named.
1863. ^
I'rcamwo. Whcrcas on the 25th day of April, A. D. 1843, in the cir-
cuit court of Adams county, on an indictment therein
pending against one Richard Eells, for secreting a certain
negro slave owing labor to the state of Missouri, and
belonging to one Chauncey Durkee, the said Richard
Eells was duly convicted as charged, and by the judgment
of said court sentenced to pay a fine of four hundred
dollars; which said judgment was afterwards affirmed by
the supreme court of the state of Illinois and of the Uni-
ted States ; and w^hereas since the rendition of said
judgment the said Eells has departed this life, leaving an
amount of property sufficient only for the support of his
surviving widow, and the ends of justice having been
answered by the vindication of the law ; therefore —
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General ^^ssemhly, That the
■'"«'!f.'"'"' ''*''^" judgment aforesaid rendered against the said Eells in the
said Adams circuit court, on the 25th day of April, A. D.
1843, be and the same is hereby released ; and the clerk
of the said Adams circuit court is hereby authorized and
juilb'nicnt. '"'^directed to enter full satisfaction of said judgment on the
records of his said court : Provided, that nothing in this
act contained shall be so construed as to release said Rich-
489 1853.
ard Eells, his heirs or executors, from the costs of said pro-
ceeding.
§ 2. This act shall take effect and be in force from and
after its passage.
Approved February 11, 1853.
AN ACT io restore Reuben Eastwood to citizenship. in force Feb. 15,
1853.
Section 1. Be it enacted hy the people of the state of
Illinois^ representedinthe General Jlssemhly, That Reuben
Eastwood, of Lee county, be and he is hereby restored to c^'^^eMjiip re-
all the rights, privileges and franchises to which he became
ineligible by reason of a sentence by the circuit court of
Lee county.
§ 2. This act shall be deemed a public act, and be in
force from and after its passage.
Approved February 12, 1853.
AN ACT to vacate a certain alley in the town of Bloomington.
Section 1. Be it enacted hy the people of the state of
Illinois, represented in the General Assembly, Tliat all
that part of a certain alley running east and west between Aiiey vacated.
lots 19, 20, 21, oh one sidCj^and lots 22, 23 and 24, on the
other side, in the original town of Bloomington, McLean
county, be and the same is hereby vacated.
§ 2. This act to take effect and be in force from and
after its passage.
Approved February 12, 1853.
AN ACT to vacate a part of Morgan street, in Jacksonville. in fore* Feb, ij
^ ^ ' 1863.
Section 1. Be it enacted hy the people of the state of
Illinois, represented in the General Assembly, That so
much of Morgan street, in the town of Jacksonville, M or- street vacate*,
gan county, Illinois, as lies west of Prairie street, in said
town, is hereby vacated.
§ 2. This act is declared to be a public act, and shall
be in force from and after its passage.
Approved February 12, 1853.
1853. 490
i« force Feb. AN ACT to chanffc the names of certain persons therein uamed.
1853. ^
Section 1. Be it enacted by the peojile of the state of
Illinois, represented in the General ,/issemhli/, That the
xames changed, name of John A. Smith be changed to that of John A.
Rhone, and that his children, to wit : Weston Smith, Roy
W. Smith and Mary M. Smith, be respeotively changed to
that of Weston Rhone, Roy W. Rhone and Mary M. Rhone.
§ 2. This act shall be deemed a public act, and be in
force from and after its passage.
Approved February 8, 1853.
In force Feb. 10, AN ACT for the relief of Sajah B. Prentice.
1863.
Section 1. Be it enacted by the people oj the state of
Illinois, represented in the General Assembly, That the
auditor of public accounts be and he is hereby authorized
and required to issue his warrant in favor of Sarah B.
Prentice, for the sum of four hundred dollars, in full pay-
ment of a sum awarded to Cephas Robbins for damages
sustained by him in consequence of the Northern Cross
Railroad passing over certain land owned by said Robbins.
§ 2. This act to be in force from and after its passage.
Approved February 10, 1853.
Ill force Feb. 11, AN ACT to amend an act, in force February 14, 1851, entitled "An act to
1853. extend the time for the payment of certain judgments against the securi-
ties of Thomas M. White.
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly, Tiiat the
.time for the payment of the said sums of money recited in
ftictenfied. the act to which this IS an amendment, be and is hereby
extended until the first day of January, eighteen hundred
and fifty-five.
»<yi tion ex- §^* And be it further enactcd, i\\d,i lu a\\ cd.ses vfhuTe
tioded. lands have been sold by virtue of judgments in favor of the
state, against any of the persons named in tiie act to which
this is an amendment, the equity of redemption shall be
extended until the first day of January, eighteen hundred
and fifty-five.
§ 3. The persons named in the act to which tliis is an
amendment may, at any time previous to the said first day
491 185a.
of January, eighteen hundred and fifty-five, pay the several
sums of money therein named in evidence of state indebt-
edness, which payment so made shall satisfy all judgments
obtained by this state against said persons, and shall operate
as a release of all lands sold by virtue of executions issued
upon said judgments.
Approved February 14, 1853.
AN ACT to provide for the settlement of a certain claim of Hart L. Stewart in force Feb. 4,
against the state. ^^3-
Whereas by an act of the legislature, passed at the session Preamble.
of 1847-'48, providing for the funding of certain scrip
and indebtedness of the state, in which no provision was
made for paying the expenses necessarily involved in
funding the same, now therefore —
Be it enacted by the people of the state of Illinois rep-
resented in the General Assembly^ That the auditor of
public accounts be and he is hereby required to draw his Auditor to iraw
warrant upon the treasurer for the sum of seven hundred warrant.
and sixty-eight dollars, in favor of Hart L. Stewart, in full Amount,
satisfaction and final discharge of all claims, dues or de-
mands against the slate for cash, services and expendi-
tures incurred under the provisions of said act, and ne-
cessarily involved in funding said scrip and state indebted-
ness; and that the same be paid out of any money in the
treasury not otherwise appropriated.
This act to be in force from and after its passage.
Approved February 4, 1853. ,
AN ACT to change the name of the town of New Lexington, in Morgan In force Feb. 12,
county. 18S3.
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly, That the
name of the town of New Lexington, in Morgan county,
be changed to that of Arcadia, and that said town shall
henceforth be named and called by the name of Arcadia.
§ 2. This act shall be a public act, and shall be in force
from and after its passage.
Approved February 12, 1863.
1853. 492
In force Feb. 12, AN ACT to authorize Will county to pay Alonzo Leach.
1853, '^ ■'
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly, That the
eountjr judge to county judge of Will county is authorized to audit and
audit and pay. ^^^^^ ^^ ^^ p^.j ^^ Alouzo Leach, late sheriflfol said county,
the sum of three hundred and fifty dollars, or such other
sum as shall appear to be just, at any regular term of said
court; and the county clerk of said county shall draw an
order on the treasurer therefor whenever the same shall be
ordered, which shall be paid as other orders are paid.
§ 2. This act shall take effect and be in force from
and after its passage.
Approved February 12, 1853.
In force Jan. 3l« AN ACT to vacate the town of Oporto, in the county of Lee.
1863. •
Be it enacted by the people of the state of Illinois, repre-
sented in the General Assembly, That the town of Oporto,
Mat vacated, [jy ^i^g couuty of Lee, be and the same is hereby vacated,
and that the title thereof remain and vest in the owners and j
proprietors thereof. This act to take effect and be in force
from and after its passage.
Approved Jan. 31, 1853.
la force Feb. 10, AN ACT for the relief of the securities of Elisha W. Butcher, late sheril
^^^' of Offle county.
Section 1. Be it enacted by the people of the state of
Illinois, represented m the General Assembly, That th«
Pro rata pay- Securities of Elisha W. Dutcher, late sheriff and collectoi*
«o«ttobemade.^f rcveuue for the county of Ogle, upon the payment of
their respective pro ratas to the auditor of public accounts
of a judgment obtained against them in the Sangamon cir-
cuit court, at the August term thereof, in the year eighteert
hundred and fifty-one, for the balance of revenue due the"
state for the year eighteen hundred and forty-nine, for the
sum of twenty-two hundred and twenty-four dollars, be
and they are hereby forever released from all liabilities on
account of said bond and judgment thereon. Said pro rata
payments shall be made on or before the first day of De-
cember, A. D. eighteen hundred and fifty-four, by the pay-
ment of the sums for which the lands of the several secu-
rities were sold, with six per cent, per annum thereon from
493 1853.
the date of sale until paid : Provided, tiiat nothing herein Proviso,
contained shall be so construed as to release the said sher-
iff from the debt, or any portion thereof.
§ 2. Upon the payment of the joro rata portions afore- saies to be can-
said, all saies of land heretofore made by virtue of any ex- menfof^ora?^
ecution issued upon said judgment, are hereby set aside and ''^'^^•
for nothing esteemed, and the auditor of public accounts is
herelpy required to cancel said sales.
§ 3. Should said securities, or any of them, fail to com- securities faiuag
ply with the provisions of this act, they shall not be enti-
tied to the benefits thereof; but those who shall comply '**^*
and pay their proportions, as provided in this act, shall re-
ceive from the auditor of public accounts a full acquittal
from all liabilities as aforesaid: Provided, that nothing provts
herein contained shall be so construed as to affect the lien
of the state upon. the land sold until they shall be released
as herein provided.
§ 4. This act shall be in force from and after its passage.
Approved February 10, 1853.
AN ACT to vacate a certain alley in the town of Morris, in Grundy county, j^ ^^^^ Pet. 12,
1853.
Section 1. Be it enacted by the people of the state of
lUinois, represented in the General Assembly, That the
alley extending from east to west, through the centre of Auey vacated,
block number twenty-three, in Chapin's addition to the
town of Morris, be and the same is hereby vacated.
§ 2. This act shall take effect and be in force from and
after its passage.
Approved February 12, 1853.
AN ACT for the relief of John Brink, late sheriff of McHenry county.
Whereas John Brink, then sheriff of McHenry county, Preamw«.
state of Illinois, on the seventh day of October, eighteen
hundred and fifty-two, started from the said county of
McHenry to convey to the penitentiary at Alton two
persons who had been duly convicted of crime in said
county of McHenry, and sentenced to imprisonment in
the said penitentiary, to wit : Chester Burns and William
Esterly ; and whereas the said William Esterly, while
on a steambbat upon the Illinois river, while being con-
veyed by said sheriff to Alton, at a place near Chilli-
1853. 494
cothe, the said prisoner threw himself into the river,
while heavily ironed, and was drowned, without fault on
the part of said sheriff; and whereas said John Brink
was at considerable expense to recover the body of hig
said prisoner, and having received no remuneration for
any of his services, therefore —
Section 1. Be it enacted by the people of the state of
Illinois^ represented in the General Assembly^ That the
Auditor draw auditor of pubHc accounts be and is hereby directed to ia-
wanantontrea-^^^ liis waraut upou the treasurer in favor of John Brink,
AmoHDt. late sheriff of McHenry county, in the sum of one hundred
and six dollars.
§ 2. This act to take effect from and after its passage.
Approved February 12, 1853.
iB force Feb. 12, AN ACT for the relief of Henry C. Dickerson.
1863.
Section 1. Be it enacted by the people of the state of
Illinois^ represented in the General Assembly^ That Henry
xeetoied to his C. Dickersou, of McLean county, be and he is hereby re-
instated and fully restored to all his original rights, privi-
leges and immunities, notwithstanding any conviction or
proceeding in any court or place of judicature against or
concerning him. This act and all its provisions shall ap-
ply to Conrad Madler, of St. Clair county, Illinois.
§ 2. This act to take effect and be in force from and
after its passage.
Approved February 12, 1853.
I« force Feb. 3, AN ACT for the relief of John M. Cunningham.
1353.
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly, That the
Anditor to draw auditor shall draw his warrant upon the treasury in favor
warrant. ^^ j^j^^ jyj Cunningham, who was marshal of the district,
court of Massac county, for one hundred dollars, for his
services and expenses in performing his duties in connee-
tion with said district court of Massac county, under the
proclamation of the governor.
§ 2. This act to take effect and be in force from and
after its passage.
Approved February 3, 1863.
495 1863.
AN ACT to incorporate the Scott County Canal Company. m force Feb. ii,
Section 1. Be it enacted hy the people of the state of
Illinois , represented in the General *^ssembli/, That David
Rankin, William Pegram, James Chiseldine, Ormsbe Haynie, corporators.
Abner McWilliams, Jacob Bruce, Campbell Young, Irwin
Young, David Smith, John Cumby, and their associates,
assigns and successors, are hereby made and constituted
a body corporate, having succession, under the name of
'•The Scott County Canal Company," and by that name style,
shall be capable of suing and being sued, in all courts of
law and equity, and of contracting and being contracted
with, with power to make all needful rules and by-laws,
and to exercise all necessary powers to carry into effect
the objects of the company as hereinafter defined.
§ 2. The capital stock of said company shall be ten capital stoet.
thousand dollars, divided into shares of one hundred dol-
lars each; and the company shall have power to commence
operations upon the work hereafter named, whenever the
amount subscribed shall, in the opinion of commissioners,
hereinafter mentioned, be sufficient for the completion of
the work, or its successful prosecution; and the company,
when organized, may choose five directors, to hold their
offices one year, and until their successors are elected,
who shall prescribe the assessment and time of collection
of the stock.
§ 3. This company, when organized, shall have power Location.
to cut and to construct a canal from Plumb Point, in Scott
county, Illinois, across the bottom to the Illinois river, to
a point at or near Pegram's ferry landing, of sufficient
width and depth for flat and keel-boats, and to obtain right
of way for said canal, and thirty feet on each side of the
same for a road and tow-path, in pursuance of the statutes
of this state ; to build all necessary locks and appendages
of whatever kind, and to own all necessary boats and
other property, to accomplish the objects of the company,
to wit : the transportation of goods, and other property,
from the Illinois river to the bluffs.
§ 4. Said company shall be permitted to charge tolls tous.
on all goods or property transported through said canal,
not exceeding three cents per hundred pounds, and shall
always keep said canal supplied with sufficient boats and
men, and other means of transportation, except when the
navigation is stopped or suspended from unavoidable
causes.
§ 5. William Pegram, Irwin Young and David Rankin, oommi«ioi«r».
shall be commissioners, together with any other persons
a majority of them may select, who shall proceed, after
twenty days' notice by publication in the nearest news-
paper, naming the lime and places to open books for sub-
1853. 496
scription to their stock, and when sufficient stock is sub-
scribed the stockholders shall be called together by said
commissioners by personal notice served on each, and they
shall proceed to elect directors, each share having one
vote, and when elected they shall elect one of their num-
ber president, appoint a secretary and treasurer, who may
also be members of the board, and the stockholders may,
from time to time, increase the number of directors, if
deemed expedient.
§ 6. When directors are thus chosen, and officers ap-
pointed, the company shall be considered organized, and
when ten per cent, of the stock subscribed is paid in, may
proceed with their work.
Period of force of § 7. This charter shall be in force for the period of
charter. thirty ycars from the passage of this act : Provided, that
the same shall be forfeited for non user in five years.
^ ^^^^ § 8. Thirty days' notice shall be given to all tlie stock-
holders of each and every assessment, and the amount o
the same, (after the first,) before the same shall be col-
lectable.
Dauia 68 § 9' If ^J^y person or persons shall be guilty of doing
any wilful damage to the said canal, property or appurte-
nances, the person so offending shall be liable to indict-
ment, and on conviction may be fined in any sum not ex-
ceeding five hundred dollars; and the circuit court of
Scott county shall have jurisdiction in the premises, and
the parties so offending may be committed by any justice
of the peace of said county, as in case of malicious mis-
chief.
Dividends. § 1^' Dividends of the net proceeds of said canal
shall be made at such periods as the directors shall by
their by-laws provide.
Warehouses. § H- The Company shali providc good safc warchouses
at each end of said canal, and afford every necessary
facility for the storage and protection of goods and pro-
perty, unless one of said houses shall be dispensed with
by a majority of the company.
Circuit court de- § 12. If the Company shall fail to comply substantially
(^are nnii and ^[(h the provisious of this charter the circuit court of
Scott county may, after full investigation, upon complaint
made in the name of the people, declare the same null and
void.
§ 13. The capital stock may be increased to any sum
not exceeding twenty thousand dollars, if found necessary.
§ 14. This charter shall be construed liberally for the
benefit of the company, shall be deemed and taken as a
public act, and this act shall be in force from and after its
passage.
Approved February ll, 1863.
void.
497 1853.
AN ACT to incorporate the Oregon Union Institute. in force Feb. 12.
1353.
Section 1. Be it enacted by the. people oj the state of
Illinois^ represented in the General Assembly^ That James
V. Gale, Edward F. Dutcher, Isaac S. Woolley, Henry A. corporators.
Mix, Charles F. Emerson, Robert B, Light, Bowman W.
Bacon, Daniel Etnyre, Pyam Jacobs, Joseph Wagner,
Thomas H. Potwine, Philip R. Bennett, jr., Thomas Stin-
son, Hiram Read, John James, Williard P. Flagg, E. Pay-
son Snow, Jehill Day, William J. Mix, Leonard Andrews
and Solon Cuniens, and their successors, be and they are
hereby created a body politic and corporate, to be styled style.
"The Oregon Union Institute," and by that name to remain
in perpetual succession, with power to contract and be
contracted with, to sue and be sued, to acquire, hold and
convpy property, real, personal and mixed; to have and use
a common seal, and alter the same at pleasure; to make and
alter by-laws for the government of the corporation, its
officers, agents and servants : Provided, such by-laws be
not inconsistent with the constitution and laws of the Uni-
ted States or of this state.
§ 2. The object of the corporation shall be the estab- objects.
lishment and support of education.
§ 3. The said institution shall be located in the town Location.
of Oregon, in the county of Ogle, and the persons named
in the first section of this act, and their successors, shall
be trustees thereof. Said trustees shall have power to lo-
cate and erect the necessary buildings; to appoint a prin-
cipal and all such instructors and instructresses, and em-
ploy all such agents as may be requisite to the purposes
of the corporation; to dismiss or remove any or all of them
at their pleasure, and to appoint or employ others in their
stead. The trustees shall also have power to prescribe
the course of study, fix the prices of tuition and determine
the compensation of the principal and all other persons
employed in the institution; and it is especially provided
that the institution shall be forever free from ail sectarian
control, influence or bias whatever.
§ 4. The said corporation shall have power to receive, j^^^i^.g j,^.,jpg^.
by gift, grant, devise or bequest, property, real, person- ^>-
al, or mixed, and to hold and use the same, with the is-
sues, rents and proceeds thereof, for the purposes of the
institution : Provided, that the whole amount of property
so held by said trustees, exclusive of legacies and dona-
tions, shall not amount, at any one time, to more than twen-
ty thousand dollars.
§ 5. Ail money, property, rents, choses in action, and Application , «f
other valuables so received by said trustees, shall be faithful- p"^°<'*'='^»-
ly applied to the erection ofbuildings, the purchase of furni-
ture, books, maps, charts, 'globes, philosophical, astronom-
G2
1853.
498
ical, chemical and other apparatus necessary to the success
of the institution, and to the payment of the principal and
others employed by the trustees : Provided^ that when the
funds of said institution shall exceed the sum of five thou-
sand dollars then said excess may be appropriated as here-
inafter provided.
Subscriptions. § 6. The trustccs shall have power to receive sub-
scriptions from all persons, and to collect the same, for the
purpose of advancing and supporting said institution; and
when any person shall subscribe the sum of twenty-five
dollars he shall be entitled to one share and one vote as a
stockholder in said institution, and shall be entitled to a
receipt therefor from the treasurer of said institution; and
when any person shall subscribe three shares he shall be
entitled to two votes, and the subscriber to seven shares
shall be entitled to three votes, and so on in that propor-
tion.
^,_^^ ,^^^ § 7. That on the first Wednesday of May next, or on
some Wednesday within two months thereafter, the time
to be designated by a majority of said trustees herein
named, and not until three thousand dollars are subscribed,
said stockholders shall meet at the said town of Oregon
and organize said institution by electing from their body
not less than nine nor more than twenty-one trustees, the
exact number to be determined by said stockholders so
met: Said stockholders to elect said trustees in three
classes — the first class, one-third of said number, to be
elected for the term of three years, and the second class,
also one-third of said number, for the term of two years,
and the third class for the term of one year; and each class
to hold their office until their successors are elected, and
ever afterwards each class to be elected for three years.
§ 8. That the said James V. Gale, Edward F. Butch-
er, Isaac S. Woolley, Henry A. Mix, Charles F. Emerson,
Robert B. Light, Bowman W\ Bacon, Daniel Etnyre, Pyam
Jacobs, Joseph Wagner, Thomas H. Potwing, Philip R.
Bennett, jr., Thomas Stinson, Hiram Read, John James,
Willard P. Flagg, E. Payson Snow, Jehiel Day, William
J. Mix, Leonard Andrews and Solon Cuniens, the original
trustees named herein, shall, upon the election of said
trustees by said stockholders as herein provided, immedi-
ately turn over to the trustees so elected, as their legal suc-
Doiiver book^, cessors, all of the books, papers, property, implements,
^'^' materials and all other things belonging and appertaining
to said institution ; and said trustees so elected shall have
as free and as ample power in all things as is herein given
to the trustees named herein.
presiaent. § 9. The trustces so elected by said stockholders shall
elect from their own body one president, to hold his office
during the time for which he was elected a trustee, and
499 1853.
one treasurer, who shall hold his office at the will of said
trustees; and said trustees shall also elect from among
said stockholders, whether he is a trustee or not, one sec-
retary, who shall hold his office for the term of five years,
unless removed by a vote of at least two-thirds of said
trustees. The separate duties of said officers, besides
what are herein provided for, to be prescribed by the by-
laws of said institution.
§ 10. The treasurer, before entering upon his duties, Treasurer,
shall give a bond for the faithful 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 col-
lected in the name of said institution, for its use and bene-
fit ; the treasurer shall also provide himself with books in
which the names of all the subscribers and the amount by '
each subscribed shall be entered, as well as all payments
made upon such subscription, and he shall also enter in said
books an exact description of all property received by gift,
grant or by purchase, and if real estate, it shall be de-
scribed in said books as described in the title papers, and
the entries of each kind of property shall be kept by them-
selves ; he shall also give receipts for money paid in on
subscription to the person paying the same, and shall an-
nually, and oftener if required by the trustees, report to
them all matters in the line of his duties, and shall exhibit
his books for the inspection of the trustees whenever by
them required.
§ 11. The secretary shall keep a correct record of the sacietarv.
proceedings of the stockholders, and also be the secretary
of the board of trustees.
§ 12. A majority of the trustees shall constitute a quo-
rum, and may do the business of the board.
§ 13. The annual meetings of the trustees shall be on Ammai meot-
the day of the annual meeting of the stockholders, and their '"^^'
annual meeting shall be held at a time and place designa-
ted by themselves at a previous annual meeting each year:
Provided^ the secretary shall be authorized to call special
meetings, by giving public notice thereof, whenever re-
quested so to do by the president and two other trustees.
§ 14. The stockholders shall meet annually, on the same Elect trustees.
day of the annual meetings of the trustees and elect one-
third of the number of trustees to fill the vacancies of those
whose term of office shall then expire : Provided, that the
principal or any teacher in said institution may be a stock-
holder in said institution, but in no case shall such principal
or teacher be a trustee while he is so acting as principal
or teacher. Api>iication er
§ 15. The said trustees are hereby required first, to '"''"''^''•
appropriate a sufficient amount of the funds of this institu-
tion to the permanent organization and support of the
1853.
500
Exempt
taxation
same ; and, second, the balance, if any, may be invested
in a permanent fund, and the profits thereof be applied, by
the board, for the establishment of professorships, or the
education of orphans, or in any other manner consistent
, with the best interest of the institute hereby incorporated.
§ 16. The tract of land on which the buildings of the
institute may be erected, together with all the furniture,
books and apparatus belonging to said institute, shall be
Collect Babscrip- exempt from all taxes. , • j j
tio»3- § 17- The trustees are hereby fully authorized and
empowered to collect, in the name of said institute, all
subscriptions which may have been made for the purpose
of founding and establishing the same prior to the passage
of this act.
' § 18. This act shall be deemed a public act, and may
be used as evidence without being specially pleaded.
Approved February 12, 1853.
In force Feb. 11, AN ACT to amend an act to incorporate the colleges therein named, auoi
1853. the acts amendatory thereto.
Section 1. Be it enacted by the people of the state Oj
Illinois, represented in the General ^ssembli/, That thti
act entitled "An act to incorporate the colleges therein
named," approved February 9th, 1835, and the severa;
acts amendatory thereto, be and the same are hereby sc;
amended that the board of trustees shall be authorized tc\
TnisteesdiBtribu-jjigtribute, by lot or otherwise, said trustees into threr
u.dintoci.ssea.^_^^^^^^^ classcs, SO that the terra of office of one of thosj
several classes, alternately, shall expire annually, at suclj
time as the trustees shall determine, and a new electioij
shall be held at such time by the trustees for the timi|
Proviso. being, to fill the vacancy so created : Provided, however \
if the said board of trustees shall fail so to elect when th<
term of office of any one cUiss shall expire, such class shal
be entitled to hold their seats till the said trustees shal
enter upon an election to fill such vacancy.
,, „-,. ,,3 I 2. So much of the said act as requires the trustees o
Shurtlefi-CoUegetofillallvacanciesoccurringintheirboar.
from persons resident in the state of Illinois, is hereby re
pealed.
ntcrc.t § 3. The trustees of Shurtleff College are hereby au
^"*'''' " thorized to contract for and receive, on all sums due or here
after to become due to said college, interest at such rate
as are specified in such agreement, not exceeding ten pe
cent, per annum.
Approved February 11, 1853.
501 1853.
AN A.CT to vacate a part of the town plat of the town of Burton. lu force Feb. 12.
1853.
Section 1. Be it enacted by the 2ieople of the state of
Illinois, represented in the General Jisse7nbly, That the
public square, and that part of Broadway street that runs vacated,
between blocks live and six, in the original town plat of
the town of Burton, in the county of Adams, shall be and
is hereby vacated : Provided, the same shall be reserved
for the exclusive use of schools, and in no case be sold or
conveyed for any other purpose.
§ 2. This act to take effect and be in force from and
after its passage.
Approved February 12, 1853.
AN ACT to vacate a certain street in the tov?n of Hennepin. In force Fei.. 1;
1853.
Be it enacted by the jicoph of the state of Illinois, repre-
sented i7i the General Assembly, That all of Water street,
in "West Addition to Hennepiij," be and the same is here- street vacated.
by declared vacated. Said street hereby vacated is here-
by attached to and declared to belong to the lots fronting
the same on the east side thereof.
Tills act to take effect and be in force from and after
its passage.
Approved February 12, 1853.
AN ACT to vacate a part of Front street, in the town of Menard, in Ran- in force Feb
dolph county. 1853.
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly, That forty Tooet^Ki.
feet on the south side of Front street, and running the
whole length of the Mill square of H. C. Cole, in the town
of Menard, in the county of Randolph, be and the same
is hereby vacated.
§ 2. This act to take effect and be in force from and
after its passage.
Approved February 12, 1853.
1853. 502
III force Feb. 12, AN ACT to vacate a certain alley in the city of Bloomington.
1853.
Section 1. Be it enacted by the peojile of the state of
ntinois, represented in the General .Assembly, That the
alley dividing lots forty-one, forty-two, forty-three and
forty-four, in Morton's addition to the city of Bloomington,
be and the same is hereby vacated.
§ 2. This act to be in force and take effect from and
after its passage.
Approved February 12, 1853.
lu force Feb. 13, AN ACT to vacate a part of Squaw Lane, in Martin's addition to Naper-
1863. ville, Du Page county.
Section 1. Be it enacted by the peojjle of the state of
Illinois^ represented in the General t/lssembly, That so much
Vacated. of a Certain lane in Martin's addition to Naperville, known
and designated upon a plat of said addition, recorded in the
recorder's office of Du Page county as "Squaw Lane," as is
located through block No. 5, and running from Main to
Washington streets, be and the same is hereby vacated.
And that so much of said lane as is hereby vacated shall
belong to and the title thereto is hereby vested in the
owners of the adjoining lot.
This act to take effect and be in force from and after
its passage.
Approved February 12, 1853.
ce Feb. 10, AN ACT to vacate the town plat of the town of Pittsburfrh, in the count}-
1853. of Jersey.
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General */9ssembly, That the
e'l. town plat of the town of Pittsburgh, in the county of Jer-
sey, be and the same is hereby vacated.
§ 2. This act to be in force from and after its passage.
Approved February 10, 1853.
503 1853.
AN ACT to vacate the plat of the town of Allenton. lu force Fri
1853.
Section 1. Be it enacted by the jieople of the state of
li/mois, represented in the General Jissemhly^ That the
town plat of the town of Allenton, in the county of Ciiris- vacau-a.
tian, be and the same is hereby vacated.
§ 2. Tiiis act to be in force from and after its passage.
Approved February 10, 1853.
AN ACT to vacate a part of the town plat of Rapids City, in Whiteside inforceFeb.
county. \^'i.
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Jissembly, That so
much of the southwest quarter of section number twenty- vacat&;i.
eight (28,) in township No. twenty-one (21) north, range
No. seven (7,) east of the fourth principal meridian, in
"Whiteside county, as is laid out into town lots, known as
a part of Rapids City, be and the same is hereby vacated.
Approved February 11, 1853.
AN ACT vacatins; certain alleys in the tov?n of Oswefro, in the county of In fci^f- ^
^ Kendall. ^'^'^
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly, That the
alley in block number one in Louck's and Stafford's addi- '^■''-a''^-
tion to the town of Oswego, in the county of Kendall, and
the alley in block one in Judson's addition to said town,
according to the recorded plat thereof, in the recorder's
office of said county, be and the same are hereby vacated.
Approved February 11, 1853.
AN ACT to vacate an alley in the town of Ottawa. In force Feb. i
^ 1S53.
Whereas by agreement between the corporate authorities PreambJe.
of the town of Ottawa and the owners of block 63 in the
state's addition to said town, the alley running through
the centre of said block and the small square in the cen-
1853.
504
tre thereof have been abandoned for any public use, and
an alley thirty feet in width has been opened to the pub-
lic use on the eastern end of said block, on the bank of
Fox river ; therefore —
Section 1. Be it enacted hy the people of the state of
Illinois, represented in the General Assembly, That the
alley and square in block No. 63, in the state's addition to
the town ot Ottawa, in the county of La Salle, be and the
same are hereby vacated and attached to lots adjoining
said alley and square, and that an alley be opened on the
eastern end of said block, thirty feet wide : Provided, the
owners of said lot shall, within six months from the passage
of this act, execute, acknowledge and record an instru-
ment which shall dedicate to the public use the said thirty
feet in width on the eastern end of said block.
§ 2. This act to be in force from and after its passage.
Approved February 12, 1853.
In force Feb. 10, AN ACT to incorporate tlie Rocktcn Water Power Company.
1853.
Section 1. Be it enacted by the peoj)le of the state of
Illinois, represented in the General t.'Issembly, That Wil-
coiporatois. liam Talcott, Thomas B. Talcott, John R. Peterson, Phi-
lander Bird, Wait Talcott, Svlv. Talcott, A. H. Merrill,
F. W. Merrill, F. L. Wright, S. F. Merrill, Henry W.
Talcott, W. H. McLean and Benjamin Durham, of Win-
nebago county, and their associates, successors and assigns,
are hereby constituted a body politic and corporate, by the
?tyi ■. name and style of "The Rockton Water Power Company."
j.o^vcrs. § 2. Said company shall be competent to contract and
be contracted with, and be capable, in law and equity, to
sue and be sued, plead and be impleaded, to answer and
be answered unto, to defend and be defended, in all courts
and places, and in all matters whatsoever. Said corpo-
ration may have and use a common seal, which they may
alter or change at pleasure ; and may also make and put
in execution such by-laws, ordinances and regulations as
may be necessary for tlie good government of said corpora-
tion, and the prudent and efficient management of its affairs :
Provided, the same be not inconsistent with the spirit of
this act, the constitution of this state, and the constitution
of the United States.
Capital block. § 3. The capital stock of said company shall be fifty
thousand dollars, divided into shares of fifty dollars each,
and the said corporation may have power to increase their
capital stock to any amount not exceeding two hundred
and fifty thousand dollars, if such amount shall be deemed
505 1853.
necessary to be by them expended in the erection of mills,
machine works, boats, wagons, necessary buildings, dig-
ging such runs and canals as maybe necessary to carry on
their business, and also to be expended in other materials.
§ 4. In order to facilitate the business operations of issue bonds.
said company or corporation, they shall be authorized to
obtain any sum or sums of money on the issue of their
bonds or other evidence of debt; also to negotiate a loan
or loans of money to the amount of its capital stock, and
to pledge all its property, real and personal, and all its
rights, credits and franchises for the payment thereof:
Provided^ that the evidence of debt authorized by this
section shall not be issued for the purpose of circulating
as money.
§ 5. Said corporation shall have the right to erect a^'^'''^^'-
dam across the Rock river on the southwest quarter of
section number thirteen, in township number forty-six
north, and range one, east of the third principal meridian,
in the county of Winnebago, to the height of not exceed-
ing five feet above low water mark : Provided.^ that said
grant shall not be construed so as to prevent the state from
improving said Rock river at the place, by dams, locks, or
in any other mode, at any time hereafter, for the purpose
of slack water navigation, or otherwise.
§ 6. That said corporation may purchase and hold such ^'^ai'^state.
real estate as may be deemed necessary for the transaction
of its business : Provided,^ the same shall not exceed six
hundred and forty acres; and said corporation may hold as
securities any real estate mortgaged or pledged to secure
the payment of debts due, or that may become due to said
corporation ; and also, may purchase on sales made by
virtue of any judgment at law, or any decree of a court of
equity in favor of said corporation, to take and receive
real estate in payment, or towards the satisfaction of any
debt previously contracted or due said corporation, and to
hold the same until they can conveniently and advantage-
ously sell and convert the same into money or personal
property, and to sell and convey said real estate or any
part thereof: Provided^ all real estate purchased under
judgment of any court of law or decree of any court of
equity, or taken in payment of debts as aforesaid, shall be
sold within five years from the date of purchase as afore-
said, otherwise the same shall be forfeited to the state of
Illinois.
§ 7. This act is hereby declared a public act and shall
take effect from and after its passage, and remain in full
force for sixty years.
Approved February 10, 1853.
1853.
506
Annual
, AN ACT to incorporale the Peoria Female Ac!<demy.
Section 1. Be it enacted hy the people of the state of
Illinois, represented in the General Assemhhj, That John
Hamlin, Amos P. Bartlett, Washington Cockle, John L.
Griswold, Jacob Gale, and the other stockholders of a
joint stock company, in the city of Peoria, called "The
Peoria Female School Association," and their associates,
successors and assigns, be and they are hereby created a
body politic and corporate, by the name and style of ''The
Peoria Female Academy," and by that' name and style to
have perpetual succession, for the purpose of establisliing
and maintaining, in the town of Peoria, an institution for
the education of females.
§ 2. The corporation hereby created shall have power,
by their corporate name, to contract, to sue and be sued,
to acquire, receive and hold, by purchase or otherwise,
property, real, personal or 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 in-
terest of said corporation, and to make and establish all
such rules, by-laws and regulations for the management of
said institution and corporation as they may deem proper,
not inconsistent with the laws of this state.
§ 3. The officers of said corporation shall be a pre-
sident, secretary, treasurer, and board of directors, to
be elected annually by the majority of the vote of the
stockholders present and voting at the meeting held for
such election. There shall be three directors besides the
president and secretary, who shall also be directors.
§ 4. The articles of association of the said Peoria Fe-
male School Association, and the by-laws, rules and regu-
lations of said association, not inconsistent with this act of
incorporation, shall be and remain the rules^ regulations
and by-laws of this corpoartion until the same shall be re-
pealed or changed by the corporation; and all the property,
rights and credits of said Peoria Female School Associa-
tion shall be and are hereby vested in this association; and
the officers of said association shall be and remain the of-
ficers of this corporation until their successors are elected
at the next annual meeting of the stockholders.
§ 5. The annual meeting of the stockholders for the
election of officers, &c., shall be on the fourth Saturday of
the month of January of each year; and in case it should
so happen that an election of officers should not be made
at said annual meeting, or such annual meeting should not
be held, this corporation shall not for that cause be deemed
dissolved, but it shall be lawful on some other day to call a
meeting of stockholders and elect officers in such manner
507 1853.
as is or shall be prescribed by the by-laws and regulations
of this corporation, and the old officers shall act until their
successors are elected.
§ 6. The land, lots, buildings, library, furniture, phi-Exompt from
losophical or other apparatus is hereby and the same shall
be forever exempt from taxation for state, county, town
and city corporation purposes, and also exempt from exe-
cution for other than debts or demands against the cor-
poration in its corporate capacity, except for debts of the
stockholders due the corporation. This act to be deemed
and taken to be a public act, to be amended by the legis-
lature, and in force from and after its passage.
Approved February 11, 1853.
AN ACT to amend an act entitled '"'An act to incorporate the Rock River in force Feb. 14.
Seminary, in Ogle county, Illinois, by incorporating in connection there- 1853.
with a university by the name and title of Rock River University.
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Jissemhly , That Daniel
J. Pinckney, Frederick B. Brayton, Frederick J. Petvie, corporators,
Jacob CofFman, Enoch Wood, Andrew Newcorns, Henry
Waggoner, Hooper Crews, Leander S. Walker, Henry
Green, Luke Hitchcock and Samuel M. Hitt, and their
successors in office, be and they are hereby created a body
politic and corporate, under the name and style of "The style.
Rock River University," and henceforth shall be styled
and known by that name, and by that name and style to
remain and have perpetual succession : Provided, that the
Rock River Conference of the M. E. Church may, upon
the recommendation of said board of trustees, enlarge said
board to a number not exceeding twenty. Seven mem-
bers shall constitute a quorum for the transaction of busi-
ness, except at the annual meeting, when a majority of
the whole board must be present.
§ 2, The corporate powers hereby bestowed shall be conx)rate pow-
the following, to wit: to make contracts, to sue and be
sued, to plead and be impleaded, and to grant and receive
by their corporate name; to accept, acquire by purchase
or sell property, real, personal or mixed, in all lawful ways;
to use, employ, manage and dispose of all such property
and all moneys belonging or that may belong to said cor-
poration, in such way as to them shall seem best calcula-
ted to promote the objects of the institution; to have a
common seal, and to alter the same at pleasure; to make
STich by-laws for the management of said university and
1853.
508
President
professors.
Rock River Sem
inary.
seminary as shall not conflict with the laws of this state or
of the United States.
§ 3. The trustees shall have power to establish depart-
ments for the study of any and all the learned and liberal
professions, and to prescribe and regulate the course of
study in the departments of said university and seminary ;
to confer degrees in the learned arts and sciences, and
such other degrees and honors as are usually conferred by
the most learned institutions. They shall also have power
to prescribe and regulate a course of study in said semina-
ry for females, and to confer upon them such certificates
of scholarship and diplomas as is usual in the highest insti-
tutions for females.
§ 4. The trustees may employ and appoint a president
and professors and all such officers as may be necessary,
and shall have power to displace any or such of them as
the interests of the institution may require, and to fill va-
cancies which may happen by death, resignation or other-
wise among said officers.
§ 5. It shall be lawful for the corporation to designate
and appoint five persons who, together with the visiting
committee authorized in section nine of the act of which
this is an amendment, and the faculty, shall, at the annual
examination, examine the under graduates with reference
to their collegiate standing in said university.
§ 6. All the provisions of the charter of the Rock Riv-
er Seminary as heretofore amended, in nowise conflicting
with this present amendment, shall remain in full force and
apply to the corporate body herein established, under the
name and style of "Rock River University."
Approved February 14, 1853.
In force Feb. 13,
AN ACT to incorporate the Batavia Institute.
Section 1 . Be it enacted by the people of the state of Illi-
nois, represented in the General Assembly, That Stephen
Peet, Elijah S. Town, Nathaniel C. Clark, John C. Wil-
liams, Joel McKee, John Van Nortrick, Lewis Benedict,
G. S. F. Savage, Dennison K. Town, Benj. F. Hackey,
Henry W. Williams, Isaac G. Wilson, L. D. Omsted, and
their successors, be and they are hereby created a body
politic and corporate, to be styled "The Board of Trus-
tees of Batavia Institute," and by that name to remain in
perpetual succession, with full power to sue and be s.ued,
plead and be impleaded, to acquire, hold and convey pro-
perty, real and personal ; to have and use a common seal,
609 1853.
to alter and renew the same] at pleasure ; to make and
alter from time to time such lawful regulations as they
may deem necessary for the government of said institution,
its officers !and servants ; and to have power to confer on
those whom they may deem worthy all such honors and
degrees as are usually conferred in like institutions.
§ 2. That the said institution shall he located in the Location.
township of Batavia, Kane county, upon such grounds as
the trustees shall select, not to exceed three hundred and
twenty acres, forty acres of which, upon which the neces-
sary buildings of the institution may be erected, together
with the necessary personal property belonging to said
corporation, shall be exempt from taxation. The object
of the institution shall be to afford instruction in English
literature, in ancient and modern languages, in mathema-
tics, and the natural sciences, and in the application of
science to agriculture and mechanical arts.
§ 3. That the board of trustees shall have power to Officers.
appoint a president, secretary and treasurer, and such
agents as they may deem necessary, and shall fill all va-
cancies that may occur in their own board, by resignation,
death, or neglect for more than one year to attend to the
duties of the trustees ; also to appoint such officers, pro-
fessors and teachers as the instruction and government of
the institution shall require, and prescribe their duties,
and to remove any of tliem for sufficient reasons ; also to
prescribe and direct the course of studies to be pursued
in the institution and its departments.
§ 4. The board of trustees shall consist of thirteen Trustees,
members, with power to increase their number to eighteen,
seven of whom shall constitute a quorum for the transac-
tion of business. Said board of trustees shall hold their
first annual meeting in the township of Batavia, on the
first day of March, 1853, and afterwards they shall meet
on their own adjournments; but in case of emergency, the
president, with the concurrence of two trustees, may call
a special meeting, or any five members may call such
meeting, by giving notice to each member, at least ten
days before the time of such meeting.
§ 5. That said board of trustees shall faithfully apply Application
all funds by them collected or received, according to their ^""''^'
best judgment, in erecting suitable buildings, supporting
the necessary officers, instructors and servants, and in pro-
curing the books and apparatus necessary.to the success of
the institution : Provided^ nevertheless^ that in case any
donation or bequest be made for particular purposes, which
accord with the designs of the institution, and the corpo-
ration shall receive and accept the same, every donation
and bequest thus made shall be applied in conformity to
the condition or designs expressed by the donor.
1853.
510
§ 6. That the treasurer of the institution shall always,
and all other agents when required, before entering upon
the duties of their appointment, give bond for the security
of the corporation, and of the public, in such penal sums
and with such securities as the board of trustees shall
approve,
§ 7. That the said institute shall be opened to all de-
nominations of christians, and the profession of any par-
ticular religious faith shall not be required of those who
become students; any person, however, may be suspended
or expelled from said institution, whose habits are idle or
vicious, or wliose moral character is bad.
Approved February 12, 1853.
In force Feb. 12, AN ACT to incorporate the Quincy Gas Light and Coke Company.
1853.
Section 1. Be it enacted hy the jJeople of the state of
Illinois, represented in the General Assembly, That John
Wood, Lucius Kingman and Samuel Holmes, Samuel W.
coriwiatore. Rogers, Thomas Redmond, James D. Morgan, Thomas C.
King, Robert Benneson and William H. Carlin, and their
associates, successors, lieirs and assigns, be and they are
hereby created a body politic and corporate, with perpet-
ual succession, by the name and style of "The Quincy
style. Gras Light and Coke Company," and by that name they
and their successors shall be capable in law of contracting
and being contracted with, suing and being sued, defend-
ing and being defended, in all courts and places, and in all
matters whatsoever, with full power to acquire, hold, oc-
cupy and enjoy all such real and personal estate as maybe
necessary and proper for the construction, extension and
usefulness of the works of said company, and for the man-
agement and good government of the same, and they may
have a common seal, and the same may alter, break and
renew at pleasure.
s»8. § 2. The corporation hereby created shall have full
power and authority to manufacture and sell gas, to be
made from any or all of the substances, or a combination
thereof, from which inllammable gas is usually obtained, and
to be used for the purpose of lighting the city of Quincy,
or the streets thereof, and any buildings, manufactories,
public place or houses thereon contained, and to erect all
necessary works and apparatus, and to lay pipes for the
purpose of conducting the gas in any of the streets or ave-
nues of said city : Provided, tiiat no permanent, injury or
damage shall be done to any street, lane or higiiway in said
city. The real estate wliich this corporation is entitled to
511 1853.
hold shall not exceed in value seventy-five thousand dol-
lars.
§ 3. The capital stock of said company shall not ex- capital ?tocv
ceed three hundred thousand dollars, to be divided into
shares of fifty dollar:;, to be subscribed for and paid in such
proportions as shall be prescribed by the by-laws and rules
for regulating the concerns of said company as they shall
think proper and necessary respecting the management
and disposition of the stock, property and estate of said
company, the duties of the officers, artificers and agents to
be employed, the number and election of directors, and all
such matters as appertain to the concerns of said company.
Said company shall have the exclusive privilege of supply-
ing the city of Quincy and its inhabitants with gas, for the
purpose of aftbrding light, for twenty-five years.
§ 4. This act to be in force from and after its passage.
Approved February 12, 1853.
AN ACT to incorporate the St. Aloysius Orphan Society of Quincy. in for«e Feb. 9,
1863.
Section 1. Be it enacted hy the people of the state oj
Illinois^ represented in the General ^dssembly.^ That J. Kun-
ster, John B. Vonderhide, Flavier Flavis, Antony J. Lab- corporators.
ble, Joseph Aschemen and Joseph Trimmer, their associ-
ates and successors, be and they are hereby declared and
constituted a body corporate and politic, by the name of
" The St. Aloysius Orphan Society of the St. Bonifacius style.
Congregation of Quincy," and by that name shall have
perpetual succession, with power to sue and be sued,
plead and be impleaded, to acquire, hold and convey prop-
erty, real, personal and mixed, in all lawful ways; to have
and to use a common seal, and alter the same at pleasure;
to make, alter and amend such by-laws, not inconsistent
with the constitution of the United States and of this state,
as they may deem necessary for the government of said so-
ciety, its officers, agents and servants.
§ 2. All contracts which may be made or entered into contract?.
by said society shall be subscribed by the president, sec-
retary and treasurer thereof, who shall be deemed and con-
sidered as the agents of said society for that purpose;
which contracts, when authorized by the president and
committee of administration, shall be binding in law upon
said society, and not otherwise, and to the end that said
authority may more effectually appear, the said president
and committee of administration shall keep a separate re-
cord of their doings in relation to all contracts made and
1863.
Persona! proper-
ty.
512
entered into; which record shall be deemed and taken as
evidence in all courts of justice of such authority.
§ 3. The personal property and effects belonging to
said society shall not be appropriated otherwise than to
the improvement of the real estate hereby authorized to be
held, and to such benevolent purposes as are contemplated
in its constitution, adopted by said society on the 15th day
of January, A. D. 1853; which appropriations shall be made
under the directions of the president and committee of ad-
ministration ; and the proceedings and action of said soci-
ety shall be in accordance with the provisions of said con-
stitution, which is hereby declared to be in full force and
effect for the regulation of the affairs of said society and
the conduct of its officers and members, as therein con-
templated and intended.
§ 4. This act shall take effect and be in force from and
after its passage.
Approved February 9, 1853.
X. , ,« AN ACT to amend an act entitled "An act to incorporate the Saline Coal
1*853. and Manufacturing Company."
Preamble. Whcrcas by an act entitled "An act to incorporate the
Saline Coal and Manufacturing Company," approved
the twenty-eighth day of January, 1851, Albert G. Cald-
well and Joseph Bowles, and their associates and suc-
cessors, and assigns, were created a body politic for
mining coal, digging salt wells, and other purposes
therein mentioned ; and whereas the said Albert G.
Caldwell and Joseph Bowles, have assigned all their in-
terest as corporators in the said act to Hibbard Jewett,
but without having first organized said company as di-
rected and empowered by said act ; and whereas the
said Hibbard Jewett has associated with him Joseph J.
Castles,' in the said Saline Coal and Manufacturing
Company ; therefore —
Be it enacted by the people of the state oj IlBiois, rep-
resented in the General Assembly, That the act entitled
Ke-enacinunt. " An act to incorporate the Saline Coal and Manufac-
turing Company," approved twenty-eighth of January,
in the year eighteen hundred and fifty-one, be and the
same is hereby re-enacted, renewed, reviewed and ex-
tended, for the use and benefit of Hibbard Jewett and
Joseph J. Castles, and their associates, successors and as-
513 1853.
signs, with full poWer to organize and act under the pro-
visions of said act as therein provided for the original cor-
porators; and that this act shall be in force from and after
its passage.
Approved February 10, 1853.
AN ACT to amend the charter of the Peoria and Ouuawka Railroad. in foivc Feh. s.
185-3.
Section 1. Bt it enacted by ike people of the slate of
Illinois, represented in the General Assembly, That the
ninth section of the act approved June 22d5 1852, entitled Am nam.nt.
"An act to amend an act entitled an act to amend an act
to incorporate the Peoria and Oquawka Railroad Com-
pany," approved February 10th, 1851, to be and the same
is hereby so far amended as to allow the said Peoria and
Oquawka Railroad Company the right of terminating their
road forty miles north of a due east and west line that
would run through Lafayette, Indiana, instead of twenty
miles, as is provided in said ninth section of said for-
mer act.
§ 2. This act shall take effect and be in force from and
after its passage.
Approved February 8, 1853.
AN ACT for the relief of R. P. Breckenridi^e, collector of Livingston coun- 1" f^'i'^e Fi'i.. 1-.
ty, for the year 1846. 1^53.
Whereas the auditor of public accounts, in behalf of the I'leami'i'-
people of the state of Illinois, purchased at a sale, under
execution against R. P. Breckenridge, collector of
Livingston county, for the year 1846, certain real es-
tate, on the eighth day of September, A. D. 1851; and
whereas the time of redemption of said lands having ex-
pired ; therefore —
Section 1. Be it enacted by the people oj the state of
Illinois, represented in the General Assembly, That R. P.
Breckenridge be and he is hereby allowed until the first Time Lxtcnried.
day of August next to make payment and redeem the lands
purchased by the state on an execution against the said
Breckenridge.
Approved February 12, 1853.
H2
1853.
force Feb. 10,
1S53.
Common seal.
514
AN ACT to incorporate the Industrial League of the State of Illinois.
Section 1. Be it enacted by the people of the state of
Illinois, 7'epresented in the General Assembly, That J. B.
Turner, John Gage, Bronson Murry, L. S. Pennington,
J. T. Little and W. A. Pennell, the present officers of the
Industrial League of the state of Illinois, and their succes-
sors, be and they are hereby declared to be a body politic
and corporate, by the name and style of "The Industrial
League of the State of Illinois," and by that name they and
their successors shall and may at all times hereafter be
capable in law to have, receive and to retain, to them and
to tiieir successors, property, real and personal, also de-
vises or bequests of any person or persons, or bodies cor-
porate capable of making the same, and the same at their ;
pleasure to transfer or dispose of in such manner as they i
may think proper : Provided, always, that the said corpo- ■
ration shall not at any time hold or possess property, real,
personal or mixed, exclusive of legacies and donations,
exceeding in annual value the sum of twenty thousand '
dollars.
§ 2. The said corporation, by the name, style and title i
aforesaid, shall be forever hereafter capable, both im
law.and equity, to sue and be sued, to plead and be im-
pleaded, to answer and be answered unto, defend and be
defended, in all courts of justice, and before any judge, offi-
cer or person whatsoever, in all actions, suits, or demands
whatsoever.
§ 3. The objects of said corporation shall be to dissem-
inate knowledge, written and printed, employ lecturers,
and perform all other acts and things necessary or essen-i
tial for concert of action among the friends of industrial
science.
§ 4. It shall and may be lawful for the said corporation
to have and use a common seal, and the same at their
pleasure to change, alter and make anew, and in general,
have and exercise all such rights, privileges and immuni-i,
ties as by law are incident to or necessary to the corpora-)
tion herein constituted.
This act to take effect from and after its passage.
Approved February 10, 1853.
AN ACT to incorporate the Effingham Steam Mill Company.
Section 1. Be it enacted by the people of the state q,
Illinois, representcdin the General Assembly, That Presle;
Funkhouser, William J. Hankins, Daniel Rhenehart, Jame
515 1853.
M. Long, Thoinas J. Gillimwaters, their associates, suc-
cessors, heirs and assigns, are hereby created a body pol-
itic and corporate, by the name and style of "The Ew- styio.
ington Steam Mill Company," with power to build, main-
tain and use a steam mill, at or near the town of Ew-
ington, in the county of Eifingham, and by that name
aforesaid they shall have perpetual succession, may sue
and be sued, plead and be impleaded, answer and be an-
swered, in all courts and places whatsoever ; may have
a common seal, may alter the same at pleasure, and shall
be capable in law of holding and purchasing real and per-
sonal estate, and convey away the same for the purposes
and objects of said corporation.
§ 2. The said company are liereby authorized to carry Muiing.
on the business of manufacturing meal and Hour from the
various kinds of grain, and of carrying on the business of
manufacturing lumber and building materials, in as many
ways and branches as they may see fit ; and to use all such
powers and privileges, to select such officers, agents, man-
agers and servants, as may be necessary to carry on the
said business and manufacture, according to the objects of
this act, as herein expressed ; and may increase the corpo-
ration to such number, and their capital stock to such sum
as may be necessary for their objects from time to time.
^ 3. Said company shall have power to make and es- sy-ia-^s.
tablish all such by-laws, rules and regulations as they shall
deem necessary for the management and direction of the
affairs of the company, the same being consistent with the
constitution and laws of this state, or of the United States.
§ 4. Said company shall annually elect a president, officer-:.
treasurer and secretary, to conduct the affairs of said com-
pany. The treasurer shall give bond in such amount and
in such manner as the company shall direct.
§ 5. The shares in said company shall be fifty dollars si.ares.
each, and each share shall be entitled to one vote.
§ 6. This act to take effect and be in force from and
after its passage.
Approved February 11, 1853.
AN' ACT to incorporate Charleston Lod^e, number thirty-five, of Free and In force Fib. 12,
Accepted Majoifl. ^^^3.
Section 1. Be if enacted by the people the state of
IlUnois, represented in the General Assembly^ That all
persons as are or may hereafter become and shall so re-
main members of Charleston Lodge, No. thirty-five, of Free
and Accepted Masons, at Charleston, Coles county, Illi-
1853. 516
nois, from and aftpr the passage of this act, shall be and
they are hereby constituted a body corporate and politic,
by the name and style of "Charleston Lodge, No. thirty-
five, of Free and Accepted Masons," and by that name
they and their successors shall have succession, and shall
in law be capable of suing and being sued, pleading and
being inpleaded, answering and being answered unto, in
all courts of law and equity whatever, and by that name
and style be capable of purchasing and receiving, by gift
or otherv^^ise, holding and conveying real estate for the
benefit of said lodge : Provided^ that said corporation shall
not, at any one time, hold property to an amount exceed-
ing ten thousand dollars.
,,„e^. § 2. For the purpose of carrying into effect the objects
of this act the three highest officers of said lodge shall always
be and are hereby appointed trustees, to hold their offices
as such in said lodge as appointed by said lodge and quali-
fied from time to time.
5av,s. § 3. That said corporation shall have power to make
such by-laws and regulations as may be deemed necessary
for the government of their concerns, and for the purchase
and transfer of real estate.
denccofcxis- § 4. A certificate under the seal of said corporation
^'^'=- that the said lodore has been duly organized, recorded in
the office of the clerk of the circuit court, shall be evidence
of the existence and organization of said lodge.
This act to be in force from and after its passage.
Approved February 12, 1853.
In force Feb. 11,
1853.
AN ACT to vacate the town of Lower Guilford, \\\ Calhoun county
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly^ That tiie
entire town plat of Lower Guilford, in the county of Cal-
houn, as laid out and recorded, is hereby declared vacated.
This act to be in force from and after its passage.
Approved February 11, 1853.
in torce Feb. 12, AN ACT (• incorporate the Peoria Gas Light and Coke Company.
1'853.
Section 1. Be it enacted by the people of the state of
Illinois, rejnesented in the General Assembly, That Peter
Corporator.. Swsat, Hugh J. Sweeney, George C Bestor, William S.
517 1853.
Moss and Henry Grove, their associates, successors, heirs
and assigns, be and they are hereby created a body cor-
porate and politic, with perpetual succession, by the name
and style of "The Peoria Gas Light and Coke Company," styi"--
and by that name they and their successors shall be capa-
ble in law of contracting and being' contracted with, su-
ing and being sued, defending and being defended, in all
courts and places, and in all matters whatsoever, with full
powers to acquire, hold, occupy and enjoy all such real and
personal estate as may be necessary and proper for the
construction, extension and usefulness of the works of said
company, and for the management and good government
of the same; and they may have a common seal, and the
same may alter, break and renew at pleasure.
§ 2. The corporation hereby created shall have full Gas.
pov/er and authority to manufacture and sell gas, to be
made from any or all of the substances, or a combination
thereof, from which inflammable gas is usually obtained,
and to be used for the purpose of lighting the city of Peoria,
or the streets thereof, and any buildings, manufactorie
and public places or houses therein contained, and to erect
all necessary works and apparatus, and to lay pipes for the
purpose of conducting tlie gas in any of the streets or
avenues of said city : Provided^ that no permanent injury
or damage shall be done to any street, lane or highway of
said city. The real estate which this corporation is enti-
tled to hold shall not exceed in value seventy-five thousand
dollars.
§ 3. The capital stock of said company shall not ex- capital.
ceed three hundred thousand dollars, to be divided into
shares of fifty dollars, to be subscribed and paid for in
such proportions as shall be 'prescribed by the by-laws
and rules for regulating the concerns of said company,
as they shall think proper and necessary respecting the
management and disposition of the stock, property and es-
tate of said company, the duties of the officers, artificers and
agents to be employed, the number and selection of direc-
tors, and all such matters as appertain to tlie concerns of
said company. Said company shall have the exclusive
privilege of supplying the city of Peoria and its inhabi-
tants with gas, for the purpose of affording light, for twenty-
five years. This act to take effect and be in force from
and after its passage.
Approved February 12, 1853.
1853. 518
Iji force Feb. 12, AN ACT to vacate a part of the town of Lytleville, in McLean county.
Section 1. Be it enacted by the people of the state oj
Illinois!, represented in the General *dssembly, That all
Vacated. that part of the town of Lytleville, in the county of Mc-
Lean, lying west of State street, except lot No. one, in
block number three, be and is hereby vacated.
§ 2. This act to take effect and be in force from and
after its passage.
Approved February 12, 1853.
In fuice Feb. 10, AN ACT to incorporate the Alton Hibernian Benevolent Society.
1853.
Section 1. Be it enacted hy the people of the state of
lllbiois, rep resented in the General >^ssembly, That Michael
Corporators. Carroll, Thomas Kesly, Peter Diamond, Joseph Crane,
James M. Ardle, John Magher, Patrick McGuire, James
Bayeds, Patrick McClane, William Young, Christy Coyne,
Thomas Rayne, Barney Moran, Edward Coppinger and
Patrick Farly, their associates and successors, be de-
clared and constituted a body corporate and politic, by
style. the name of "The Alton Hibernian Benevolent Society,"
and by that name they and their successors shall have
succession, and in such corporate name siiall be capable
powcr>. in law of contracting and being contracted with, suing
and being sued, pleading and being impleaded, answering
and being answered, defending and being defended, in all
courts of justice whatsoever, in all manner of actions, suits,
complaints, matters and causes whatsoever; and have a
corporate seal, and alter or change the same at pleasure ;
and they and their successors shall be capable of pur-
chasing, holding and improving any estate, real or per-
sonal, not exceeding the value of fifty thousand dollars,
for the use of and for the objects contemplated by said
society.
Contracts. § 2. All contracts which may be made or entered into
by said association shall be subscribed by the ])resident,
treasurer and secretary thereof, who shall be deemed and
considered as the agents of said association for that pur-
pose; which contracts, wiien authorized by the president
and standing finance committee of said association, shall
be good and binding in law upon said society, and not
otherwise; and to the end that said authority may more
effectually appear, the said president and standing com-
mittee shall keep a separate record of their doings in re-
lation to all contracts made and entered into; which record
519 1853.
shall be deemed and taken as evidence, in all courts and
places of such authority.
§ 3. Tlie personal effects and property belonging to Proiiciiy.
said association shall not be appropriated otherwise than
to the improvnient of the real estate hereby authorized to
be held, and to such benevolent purposes as are or shall
be contemplated by the constitution of said association;
which appropriations shall be made under the direction of
the president and standing finance committee of said society.
^ 4. This act shall be declared to be a public act, and
be in force and take effect from and after its passage.
AN ACT to incorporate the Green Bush Union Acatlemy.
1 In force Fob. l'.'
Section 1. Be it enacted hy the people of the state of ^^^'"
Illinois, represented in tlie General Assembly , That Alfred
Osborn, Baily Ragon, William H. Pierce, Franklin G.
Snapp, John Butler, John C. Bond, James D. Smith, Fred- ccrporatois.
erick H. Murrill and Stephen Leinrand and their successors,
be and they are hereby created a body politic and corporate,
by the name and style of "The Green Bush Union Acade-
my," and by that name and style to have perpetual suc-
cession. Said academy to be located in tiie town of Green
Bush, in the county of Warren.
§ 2. Said corporators above named are hereby author-
ized to receive, by gift, grant or otherwise, real estate, iieceive iiruip;
money, and other valuables, on subscription or otherwise, ^'
for the purpose of erecting the necessary buildings and
providing the necesssary means for the opening and
furnishing said academy, and for that purpose shall have
full power to sue and be sued, implead and do all other
things in courts of law and otherwise that are usually given
to such institutions, and shall have a common seal, and
may make such constitution and by-laws as they deem ne-
cessary, not inconsistent with the constitution and laws of
the United States and of this state.
§ 3. Said corporation shall have power to raise any capuai stock.
sum, not exceeding eight thousand dollars, in shares of
twenty-five dollars each, exclusive of sums received by
donation, bequest or otherwise-
§ 4. The corporators herein named shall notify the Election,
stockholders as soon as one thousand dollars is subscribed,
to meet on the first Monday of March or on some Monday
within two months therefrom, and elect from said stock-
holders nine trustees, as follows : three for the term of one
vcc Foil. 12, AN ACT to incorporate Rushville Lodg'*;, No. 9, of Free and Accepted
i''5o. Masons.
Section 1. Be it enacted hy the people of the state of
Illinois^ represented in the General Assemhly^ Tliat all
such persons as are or may hereafter become members of
Rushville Lodge. No. 9, of Free and Accepted Masons,
from and after the passage of this act, shall be and they
are hereby constituted a body corporate and politic, by
the name of "Rushville Lodge, No. 9, of Free and Accepted
Masons," and by that name they and their successors shall
have succession, and shall in law be capable of suing and
being sued, plead and be impleaded, in all courts and })laces
whatsoever; and by that name and style be capable in law
of purchasing or receiving by gift, or otherwise, holding
and conveying real estate, for the benefit of, said corpora-
tion : Provided, that said corporation shall not at any time
hold property to an amount exceeding twenty thousand
dollars.
,P(,. § 2. For the purpose of carrying into effect the object,
the members of the above "incorporation shall have power
and are hereby authorized to appoint out of their number
three trustees, to hold their office two years, and until their
successors are appointed.
18.53. 520
year, three for the term of two years, and three for the
term of three years ; and annually thereafter there shall be
elected three trustees, for the term of three years each, to
hold office until their succes9#i's are elected and qualified;
and at all of said elections each share shall entitle the
stockholder to one vote. As soon as said trustees are elect-
ed the corporators herein named shall turn over all books,
papers, subscriptions, property of every description be- >
longing to said corporation, to said trustees, and said trus-
tees shall have as full and ample powers as are herein
given to the original corporators.
!s. ^ 5. Said trustees shall have full power to employ
teachers, determine the amount of salaries, fix the price of
tuition, and do all other things necessary for the successful
prosecution of said academy.
§ 6. There shall be no benefits or privileges allowed to
one religious denomination over others.
§ 7. This act shall be deemed a public act, ami shall
be in force from and after its passage.
Approved February 12, 1853.
521 1853.
§ 3. They shall have power to make such laws and By-iaws.
regulations as they shall think necessar) for the govei-nment
of their concerns : Provided, such by-laws are not incon-
sistent witli the constitution of tiie United States or of this
state.
§ 4. The capital stock of said corporation shall not ex- capital stock.
ceed one thousand dollars.
Approved February 12, 1853.
AN ACT to incorporate the Walnut Grove Literary Associatiori. In force Feb. lo.
Section 1. Be it enacted hy the people of the state of
Illinois, represented in the General Assembly, That S. B.
Mason, Ira T. Wooly, John W. Carter, S. H. Vanosdle corporators,
and G. A. Secor, of the county of Greene, and their asso-
ciates and successors, are hereby created a body politic
and corporate, by the name and description of " The Wal- %ie.
nut Grove Literary Association ; " and by that name shall
have power to sue and be sued, plead and be impleaded,
defend and be defended, in all courts of law or equity in
this state ; and they shall have a common seal, which they
may alter and break at pleasure.
§ 2. The said association hereby created shall have
power to take and hold real estate to the value of one thou-
sand dollars.
§ 3. The said association shall have power to elect officers,
such officers as may be necessary to the well ordering of
the same, and for the furtherance of the objects of the asso-
ciation ; which objects are the collection a:.d maintaining
of a library in said county of Greene, and the collection of
books, maps, charts, globes, cabinets, manuscripts, and the
advancement and cultivation of science and useful know-
ledge.
^ 4. The said association shall have power to pass such By-iairs.
by-laws as will, in its judgment, best promote the objects
aforesaid, not inconsistent with the laws or constitution of
this state; and shall have existence for the period of fifty years.
Approved February 10, 1853.
AN ACT to incorporate Central Lodge, No. 71, of Free and Accepted Ma- In force Feb.
sons. 18^3-
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly, That all
such persons as are or may hereafter become and shall so Body poiitk.
1853.
522
Evideuce
iiitence.
remain members of Central Lodge, No. 71, of Free and
Accepted Masons, at Springfield, Illinois, from and after
the passage of this act, shall be and they are hereby con-
stituted a body corporate and politic, by the name and style
of "Central Lodge, No. Seventy-one, of Free and Accepted
Masons ;" and by that name they and their successors shall
have succession, and shall in law be capable of suing and
being sued, pleading and being impleaded, answering and be-
ing answered unto, in all courts of law and equity whatso-
ever; and by name and style be capable of purchasing and
receiving, by gift or otherwise, holding and conveying real
estate for the benefit of said lodge : Provided^ that said
corporation shall not at any one time hold property to an
amount exceeding twenty thousand dollars.
§ 2. For the purpose of carrying into effect the objects
of this act, the tliree highest officers of said lodge shall al-
ways be and are hereby appointed trustees, to hold their
offices as such in said lodge, as appointed by said lodge
and qualified from time to time.
§ 3. The said corporation shall have power to make
such by-laws and regulations as maybe deemed necessary
for the government of their concerns and for the purchase
and transfer of real estate, not inconsistent with the con-
stitution or laws of this state.
of ex- § 4. A certificate, under the seal of said corporation
that the said lodge has been duly organized, recorded in
the office of the clerk of the circuit court, shall be evidence
of the existence and organization of said lodge.
ii>)dge § 5. That all such persons as are or may hereafter be-
come and shall so remain members of Monmouth Lodge,
No. Thirty-seven, of Free and Accepted Masons, at Mon-
mouth, Illinois, shall hereby become a body corporate and
politic, and shall liave all of the privileges, powers and
franchises which this act confers upon said Central Lodge
above mentioned.
§ 6. This act to take effect and be in force from and
after its passage.
Approved February 12, 1853.
f,n lorco Feb. 12, AN ACT to pay certain persons therein named for printing notices to canal
1863. claimants, and all publishers of papers for printin<:f the notices to canal
claimants, under the direction of the commissioners.
Section 1. Be it enacted hij the people of the state of
Illinois^ represented in the General Assembly^ That the
wni. & M. OS- auditor of public accounts be authorized to issue his war-
man, rants in favor of William and M. Osman for the sum of
523 1853.
two dollars, and to Scripps an 1 Bros3 for the sum of five sciipps&. Bros?,
dollars, for printing notices to canal claimants, and to all
publishers of newspapers who have published the notices
to canal claimants under the direction of the commissioners
appointed to investigate canal claims — to the weekly papers
not exceeding two dollars, and to the daily papers not ex-
ceeding five dollars : Prcvided., the bill of such publisher Proviso,
shall be certified by one or more of said commissioners.
§ 2. This act to take effect from and after its passage.
Approved February 12, 1853.
AN ACT to vacate the town plat of Randolph, in Jersey county. In fwce Feb. 10
1863.
Section 1. Be. it enacted by the people of the state of
Illinois, represented in the General Jissembly, That the
town plat of the town of Randolph, in the county of Jersey,
is hereby vacated, and the proprietors of said town au-
tliorized to list the same for taxation as land and not as
town lots.
Approved February 10, 18'53=
AN ACT to authorize 'Washington Wren and Harvey Bailard to keep a m force Feb. 12,
ferry across the Mississippi river, in Adams connty. ^^^^'
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly, That Wash-
ington Wren and Harvey Ballard, their heirs and assigns, Establish ferry.
be and they are hereby authorized to establish and keep a
ferry for ten years across the Mississippi river, between
the mouth of Lima Lake slough, on the fractional north-
west quarter, section thirty-one, township two north, range
nine, west of fourth principal meridian, in Adams county,
and state of Illinois, and the town of Canton, in the county
of Lewis, and state of Missouri, during which time the
supervisors' court of said Adams county shall not grant a
license to any person or persons to establish or keep a ferry
within two miles above and below the mouth of said Lima
Lake slough.
§ 2. That said Washington Wren and Harvey Ballard s'erry boat,
shall keep at all times a good and sufficient steam or other
ferry boat necessary for the speedy transportation of pas-
sengers, teams, horses, cattle and other animals, as well
as goods and effects belonging to passengers, and shall fur-
1853. 524
nish said boats with men with strength and skill to manage
them, and shall charge and receive such rates of ferriage
as may be fixed by authority of said county of Adams.
s"^- § 3. The said Washington Wren and Harvey Ballard,
shall pay into the treasury of said Adams county such
annual tax as may be imposed upon said ferry by said
county, not exceeding ten dollars; and in the management
and regulation of said ferry shall be governed by the laws
now in force regulating ferries.
ego. ^ 4. The said Washington Wren and Harvey Ballard
shall have the exclusive ferry privilege from the said mouth
of Lima Lake slough to the town of Canton, for the term
of ten years from the passage of this act, for two miles
above and below ^he mouth of said slough, and should any
person or persons establish, keep or run a ferry and land
within two miles as aforesad, such person or persons shall
forfeit and pay to the said Washington Wren and Harvey
Ballard, their lieirs and assigns, ten dollars for every such
offence, to be sued for and recovered in an action of debt
before any justice of the peace of said county of Adams.
§ 5. This act to take effect and be in force from and
after its passage.
Approved February 12, 1853.
In force Feb. 12, AN ACT to authorize John A. Holland and others to form a corporation
1853
for the purposes herein mentioned.
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly^ That John
A. Holland, John L. Coleman, Charles J. Horseman,
Thomas D. Robinson, Melancthon Starr, Charles Williams,
and George Haskill, or any of them, and their associates,
are authorized and empowered to form a body politic and
corporate, under such name as they may adopt, for the
urpose of erecting buildings, and owning a hotel, in the
town of Rockford, in the county of Winnebago, by com-
plying with the })rovisions and requisitions of "An act to
authorize the formation of corporations for manufacturing,
agricultural and mechanical purposes," passed February
10, 1849, so far as the same may be applicable and neces-
sary for the formation of corporations under said act; and
such corporation so formed shall be subject to all the lia-
bility, restriction and limitations of said act, so far as the
same may be consistent with tiie purpoS(^s and objects of
the corporation to be created under this act.
§ 2. This act shall take effect from and after the pas-
sage thereof.
Approved February 12, 1863.
rafcrs.
525 1853.
AN ACT to authorize the building of a bridge across the Illinois river, at in force Jan. 27,
Ottawu. 1863.
Section 1. Be it enacted by the peojjle of the state of
Il/inuis, representedin the General */issemhiy, That George corpo:
H. Walker, John V. A. Hoes, Bronson Murray, Joel W.
Armstrong and Joseph O. Glover, or eiiher of them, and
their or his associates, are hereby created a body politic
and corporate, by the name i.iul style of the "Illinois River Name.
Bridge Company of Ottawa," and by that name shall have
perpetual succession, may sue and be sued, plead and be
impleaded, in all the courts in this state, contract and be
contracted with, may make all needful by-laws and rules
for the government of said company, fix the amount of the
capital stock tliereof at any amount necessary to carry into
effect the provisions of this act, provide for the manage-
ment of the affairs of the company, and appoint all officers
and agents deemed necessary for that purppse.
§ 2. The said company, after its organization, shall Election
consist of all persons who shall become stockholders there-
in; and in managing all the affairs of said company each stock-
holder shall be entitled to one vote for each share of stock
held by him; and in case any town or city shall become the
holder of any of said stock as hereinafter provided, said
stock shall be represented by the supervisor of such town,
except as to stock held by the town of Ottawa, which shall
be represented by the president of the board of trustees,
or in case tlie said town shall become incorporated as a
city, then said stock shall be represented by the mayor of
said city.
^ 3. The said company when organized may construct Bridge,
and maintain a bridge over the Illinois river, at Ottawa,
in La Salle county, at the point where La Salle street ex-
tended south will intersect said river; and for the purpose
of erecting and maintaining such bridge and all such em-
bankments, toll-iiouses and dwelling houses for toll collec-
tors, and such other works as may be necessary for said
bridge, the said company may use so much of said La
Salle street and of South Water street, or the south side
of the river and of the bed and shores of said river as may
be necessary.
§ 4. The said company shall, at all times after the com- Repair.
pletion of said bridge, keep the same in good repair, and
allow a speedy passage to all comers, witlv tiieir animals
and vehicles; and if at any time said bridge shall be out of
repair so that the same shall be impassable for the space
of three months at any one time, the same shall become
the property of the town of Ottawa : Provided, that if
said bridge shall be destroyed by fire or flood, said com-
pany shall be allowed time necessary to rebuild the same. *
1853. 526
To)i-sute. § 5. The said company are hereby authorized, after
the completion of said bridge, to place a toll-gate at either
end of said bridge, where they may charge and receive the
following rates of toll for crossing said bridge, viz : for
each vehicle drawn by two horses, mules, asses or oxen,
twenty cents ; for each additional horse, mule, ass or ox,
attached to such vehicle, five cents; for each one-horse
wagon, carriage or cart, ten cents ; for each man and horse,
five cents ; for each hog or sheep, one cent ; for each foot-
man, three cents : Provided, that said company may dou-
ble the above rates after nine o'clock in the evening, and
before day-light in the morning.
Public kighway. § ^' '^"^ ^^^^ 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.
Mortgage. § 7. 'The Said company may, if deemed necessary,
mortgage the said bridge for such amount and upon such
terms, and in such manner as they may agree upon in their
articles of association.
§ 8. Every person crossing said bridge with any beast
faster than upon a walk, shall forfeit five dollars to the
proprietors of said bridge, to be recovered before any jus-
tice of the peace, or other court having jurisdiction of
the same.
§ 9. The said company shall build said bridge in such
a manner that it shall not obstruct navigation on said river;
they shall keep open at least sixty feet at all times when
steamboats or other craft navigating said river may wish
to pass said bridge.
Ottawa to sub- § 10- That the town of Ottawa, in La Salle county, or
'stock!*" *"*'''*"' *^^^ ^^^y of Ottawa, in case the same shall become incorpo-
rated as a city, is hereby authorized to subscribe to the capital
stock of said bridge company any sum not exceeding ten
thousand dollars, or to loan the creditof said town or city, in
case the same shall become incorporated as aforesaid, to
said company for the same sum ; and for the purpose of
carrying the provisions of this section into effect, said town
of Ottawa, through its president and board of trustees, or
said city of Ottawa, in case the same shall become incor-
porated as a city, through its common council, are hereby
authorized to make and issue the bonds of said town or
city, as the case may be, bearing interest at a rate not ex-
ceeding ten' per centum per annum, payable to said com-
pany or to any other person or persons, or body corporate :
.*r(,vis,). Provided, haivever, that whenever such subscription or
loaning of credit is proposed to be made, it shall be the duty
of the president and board of trustees of said town, or the
common council of said city, in case the same shall become
incorporated as aforesaid, to order a vote of the taxable in-
527 1853.
habitants of said town or city, as the case maybe, who are
entitled to vote in said town or city, as the case may be,
by publication in all the j)ublic newspapers published in
said town, stating that on a certain day, not less tlian thirty
days from such publication, a vote of the taxable inhabi-
tants of said town or city, as the case may be, who are en-
titled to vote therein, will be had to decide whether said
tov>'n or city, as the case may be, shall subscribe or loan its
credit as proposed by the president and board of trustees,
or common council, as the case may be ; said publication
stating the amount proposed to be subscribed, for which
the credit of the town or city is proposed to be loaned the
company, and the amount and terms of the loan proposed
to be issued. Said vote shall be taken by ballot at the
place of holding the election; and if a majority of the votes
cast shall be in favor of the proposition of the president
and board of trustees of said town, or the common council
of said city, then such subscription shall be made, other-
wise not : Provided^ that in case such proposition be not
adopted upon the first vote, it shall be lawful to submit the
proposition, or any other proposition in relation to the same
subject, in the same manner, to a vote of the people, when-
ever said board of trustees or common council shall deem
it for the public interest to do so.
§ 11. Any township in La Salle county, under the town- Towns^hips tak%
ship organization law, may take stock in said bridge : Pro- ^*°'^'^'
videdy 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 bridge, shall determine the
amount of stock to be taken by said township, and shall be
required by said company. The supervisor and town
clerk of any such town shall execute all bonds or other ob-
ligations 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: Provided, that the amount of stock to betaken
by any one town shall not exceed one thousand dollars.
§ 12. The said bridge company shall iiave tiie samepo^-ei-.
power in relation to procuring materials for the construction
of said bridge as are now conferred by law upon the Chi-
cago and Rock Island Railroad Company in relation to pro-
curing materials for said road.
§ 13. No other bridge shall be built across said Illinois
within two miles of the above named bridge lor the space
of ten years : Provided, that said company shall comply
with the provisions of this act in relation to the erection
and keeping in repair of the bridge herein provided for.
§ 14. Said company shall commence the erection of said
bridge within one year and complete the same within two
years, or the rights conferred by this act shall be at an end.
1853. 528
§ 15. This act shall be deemed and taken as a public
act in >..ll courts of this state, and shall be in force from
and after its passage.
Approved January 27, 1853.
IB force Feb. 11, AN ACT definins: the width of River street, in the city of Rockford, in
1853. ti^g county of Winnebago, on the west side of Rock river, and vacating
the northerly end thereof.
Section 1. Be it enacted by the people of the state of
Illinois, rejjresenttd in the General Assembly, That River
street. Street, in the city of Rockford, in the county of Winnebago,
on the west side of Rock river, on the recorded plat of
Ephraim Wyman, in the recorder's office of said county,
is hereby established and declared to be four rods wide in
its widest parts, from the southerly side of North a^ eet,
and that where the land between the eastern tier of blocks
and the river is less than four rods wide, said River street
shall include all of said land between said blocks and the
river; and that the part of said River street lying north of
North street is hereby vacated.
§ 2. The lands and premises lying east of said River
street as hereby established, together with that part of River
street hereby vacated, shall revert to Ephraim Wyman, the
original proprietor, his heirs and assigns.
§ 3. This act shall be deemed and construed to be a
public act.
Approved February 11, 1853.
In fores Feb. 9, AN ACT to enable Samuel Smith to maintain and keep a ferry over the
1863.
Mississippi river, at or near the mouth of Fevre river, in Jo Davies
county.
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General ,^^ssenibly, That Samu-
el Smith, his heirs and assigns, is hereby authorized to
maintain and keep a ferry over the Mississippi river, at or
near the mouth of Fevre river, in Jo Daviess county, it be-
ing the same place where said Smith now keeps a ferry ;
which ferry, when establisiied, siiall continue for the peri-
od of twenty years from tlie passage of this act.
§ 2. This act to be in force from and after its passage.
Approved February 9, 1853.
529 . 1853.
AN ACT to amend an act entitled "An act to adjust and settle (he title to i" fw^e F-;'
the wharfing^ privileges in Chicago, and for other puiposes," approved
Febriuiry iTlh, IS 17, and in relation to wharves and docks in said city.
Section 1. Be it enacted by the people of iht state of
Illinois^ represented in the General Jissemhly^ That the
common council of the city of Chicago shall have full pow- p-^^v v.-. <:
er and autliority to discontinue and vacate the whole or
any part or portion of North Water, East Water and West
Water streets, and so much of any other street in said city
as immediately fronts Chicago river or either of its branch-
es, and to compromise, adjust and determine all conflicting
rights or claims arising betv/een the city and any or all
persons and corporations who are or may be claimants of
the fee of any ])art or portion of said streets, or of any right
or interest therein; and upon such compromise and adjust-
ments said city may convey, by deed or otherwise, the fee
in such parts or portions of said streets as may be thus va-
cated or discontinued to such person or persons as said
council may deem entitled to the same under the provi-
sions of this act or th« act to which this is an amendment;
and all deeds or other conveyances which have been made
and delivered, or which may hereafter be made and deliv-
ered by said city under the provisions of this act or the
act to which this is an amendment, shall be deemed valid
and effectual to tlie conveying the title in fee of the prem-
ises therein described to the person or persons to whom
the same are or shall be respectively made, their heirs and
assigns : Provided^ that before any such deeds or convey-
ances shall bar or preclude the rights of any other person
or persons claiming an estate in such portions of said
streets thus vacated or discontinued, such deeds or con- t
veyances shall be approved by the court under the provis-
ions of this act or the act to which this is an amendment ;
or an order of the circuit court shall be made upon petition
filed by said city or any person or party claiming title un-
der such deeds or conveyances respectively, approving and
confirming such deeds or conveyances, upon notice given
by })ublication in at least three of the daily papers pub-
lished in said city of Chicago, for the space of time required
in said act to which this is an amendment, directed to all
persons claiming any right or interest in tlie premises de-
scribed in said deeds or conveyances, to appear and show
cause, if any they have, why such deeds or conveyances
should not be approved and c;Mifirmed. The provisions
of said act to which this is an amendment shall apply to
such parts or portions of the above named streets as may
be discontinued by virtue of this act, as far as the same
may be applicable.
§ 2. Appeals from any order of approval or confirma- Appeals.
lion under this act may be taken within the time and in
[12]
1853. 530
the manner and as is provided in said act to which this is
an amendment, and not otherwise.
§ 3. The city of Chicago may authorize and empower
any person or persons to whom any portion of said streets
thus 'discontinued or vacated has been or may he conveyed
under the provisions of this act or the one to which this is
an amendment, to erect wharves or docks, extending into
the Chicago river in front of the premises thus conveyed,
for the purpose of facilitating the trade and commerce of
said river, and to receive and collect reasonable wharfage
or dockage for the use of the same; and no person, except
the owner of the same or the person entitled under such
owner, shall use or occupy any wliarf or dock erected in
said city under the permission of the common council
thereof, v/ithout meking reasonable compensation for such
use to the owner thereof or the party entitled to the use
thereof under such owner.
.~.&c. § 4. Every wharf or dock which shall be extended or
erected in any portion of the Chicago river or either of its
branches, without the express permission or authority of
said city, shall be forthwith removed; and if any person or
persons shall continue or occupy any such wharf or dock,
not authorized by said city, after having been notified in
writino- to remove the same, such person or persons shall
forfeit^and pay to said city twenty dollars for eacli day
they shall thus occupy such wharf or dock, or suffer the
same to remain in said river after the expiration of ten
days from the date of said notice, to be recovered by ac-
tion of debt as other penalties under the charter or ordi-
nances of said city may be recovered.
§ 5. Neither this act nor the act to which this is an
amendment shall be so construed as to make it necessary
to make any other person or corporation a party to any
bill authorized to be filed by the last named act, except
such persons or corporations as shall have an interest in
the fee or private use of so much of the premises, lot or
wharfing privilege or street, to settle the title of which
such bill may be filed; and the bills which have been or
may be filed under said acts may include such parts and
so much of the streets, wiiarfing lots or wharfing privileges
as the complainants may see fit to include therein: Provi-
ded., that the court may require such other premises to be
included therein as may be deemed necessary by said
courl.
i„. § 6. Tiie court in which any suit may be pending un-
der the provisions of the act to which this is an amend-
ment, or of this act, is hereby authorized and empowered
from time to time, to adjudicate and determine the rights
" of the respective parties to any wharfing lot or wharfing
privilege, or part thereof, and to enter a final decree
531 1853.
touching such lot or part of lot without deferring such
final decree until the rights to other lots or premises shall
be determined, so that the title to each wharfing lot or
part of lot may be adjusted at the earliest possible day,
and not be delayed on account of any conflicting claims or
litigation respecting other lots or premises.
§ 7. The circuit court or the judges thereof may hear Motions,
and determine all matters arising under this act or the one
to which it is an amendment, in vacation, but all final de-
crees or final orders made therein shall be considered as
made and entered at the next succeeding terra of said
court, in case such final order or decree shall be made in
vacation so far as the right to except to or appeal from the
same, and the computation of time in which such appeal
must be taken is concerned.
§ 8. This act shall take effect and be in force from
and after its passage.
Approved February 11, 1853.
AN ACT to authorize the building of a bridge across the Vermilion river, In forceFeb
in Livingstoi couuty. *^^*
Section 1. Be it enacted by the peojile of the state of
Illinois^ represented in the General Assembly^ That Joseph
Reynolds and his associates and assigns be and the same ^"■''^'^'"<i?f-
are hereby authorized to build a bridge across Vermilion
river, in Livingston county, from the south side of said
river, in section 22, in township 29, range 4, east of the
third principal meridian, to the north side of said river, on
the same section or on section 15, in the same township
and range, at or near where the section line between said
sections 22 and 15 crosses said Vermilion river.
§ 2. The said Joseph Reynolds and his associates shall
build said bridge of good material, and in a substantial
manner, so as to admit the safe passage of persons, wagons,
teams, cattle, &c., and shall commence the building of the
same within five years from the passage of this act.
§ 3. At each end of said bridge the said Joseph Rey- tou gate.
nolds and his associates, heirs and assigns, are hereby au-
thorized to place a toll-gate, where tolls may be asked, de-
manded and received by said Reynolds and his heirs and
assigns, at the following rates, to wit : for each head of
hogs or sheep crossing said bridge, one cent ; for each of
cattle, three cents ; for each one horse wagon or carriage,
ten cents; for each two hor.=;e wagon, drawn by two ani-
mals, fifteen cents ; for each three horse wagon, drawn by
three animals, twenty cents ; for each four horse wagon,
1853. 532
drawn by four animals, twenty-five cents ; for each wagon
drawn by six animals thirty cents ; for each lead horse and
rider, five cents ; for each foot passenger, three cents.
ut rates of ^ 4, The Said Joseph Reynolds and his associates, their
heirs and assigns, shall cause to be kept up in some con-
spicuous place, near the extreme of said bridge, lists of
the rates of toll herein enumerated; and if they or any per-
son under them, or by their authority, shall demand and
receive more toll than is allowed by this act, or shall un-
reasonahly hinder or delay any person wishing to cross
said bridge, they shall on conviction, forfeit and pay the
smn of , to be recovered by action of debt be-
fore any justice of the peace in the county.
y- § 5. If any person shall willfully do or cause to be
done any injury to said bridge, the person or persons so
offending shall forfeit and pay to the said Joseph Reynolds
and his associates and their heirs and assigns double the
amount of such injury or damage, to be recovered before
any court having jurisdiction of the same.
u . § 6. The said Joseph Reynolds and his associates, and
their heirs and assigns, shall at all times after the comple-
tion thereof keep said bridge in good repair, and allow a
speedy passage to all persons and tlieir property over it,
upon the reception of the tolls allowed as herein provided;
and if at any time their said bridge shall be impassible for
one year, unless the same shall be burned or destroyed by
floods, the privileges herein granted, shall be considered
as null and void.
.tofway. § 7. If it shall be necessary, in constructing said bridge
or 'in making roads to lead to the same, to t«ke any real
estate belonging to others, or if real estate of any person
in constructing said bridge, said damage may be claimed,
assessed and collected in the same manner as is provided
for the assessment aiid collection of damages under the
general road laws of this state.
X uies. " ^ 8. If at any time before building said bridge, the said
Joseph Reynolds shall be desirous of associating any per-
son or persons witli him for the purposes expressed in this
act, it shall be lawful for him and his associates to form
themselves into a joint stock company, by the name and
style of " The Vermilion Bridge Company," with a capi-
tal not exceeding five thousand dollars; to appoint officers
to conduct the affairs of the same; to issue stock certifi-
cates for the respective amounts each individual may be
entitled ; to divide the stock or shares of twenty-five dol-
lars each, and to pass all necessary by-laws for regulating
the operations of said joint stock company, in prosecuting
and completing the objects herein expressed, and in the
the above name, to sue and be sued, answer, prosecute and
533 1858.
defend, in all courts of justice in tliis state of competent
jurisdiction.
§ 9. And the said Josepli Reynolds and his associates,
and their heirs and assigns, shall have the exclusive priv-
ilege of bridging said Vermilion river ior five miles above
and five miles below the south and north termination of
said bridge for the space of time that the privileges and
powers herein contained are granted by this ;ict.
§ 10. This act to take effect from and after its passage,
and to be in force for twenty years.
Approved Feb. 12, 1853.
AN A.CT to legalize the proceed! n.s^s of the board o£ trustees of tlie town cf in lorcffvi. 8,
Mori-is, in Grundy county, ia the purchase of a certain tract of lan'J. ^^''•
SECT19N, 1. Be it enacted hy the people of tlie stale of
Illinois, represented in the General ^^sscmbhj^ Tiiat the
purchase of any tract of land heretofore made of the trus- Lesauzci.
tees of the Illinois and Michigan Canal, consisting of eighty
acres, near the town of Morris, in Grundy county, by the
board of trustees of said town, for the purpose of making
use of a portion of such tract of land for the burial of the
dead, be and the same is hereby legalized and declared to
be effectual in law for the conveyance of title to said land.
And any deed hereafter made by said board of trustees of
the Illinois and Michigan Canal to the president and trus-
tees of the town of Morris is hereby declared effectual in
law for the conveyance of a perfect title in fee simple in
such tract of land to the said town of Morris ; and the
said town of Morris, by its corporate name, or the board
of trustees thereof, or any corporation hereafter organ-
ized for the government of said town to take the place
of that now in existence, shall have full power to convey
the same in fee simple to any individual or corporation,
for the purpose aforesaid ; and tlie title thereto shall in
nowise be affected by reason of a want of power in any
such corporation to purchase and hold real estate.
§ 2. This act shall take effect and be in force from'and
after its passage.
Approved February 11, 1853.
KstablisU ferry.
1853. 534
force Feb. 8, AN ACT to authorize Daniel Horrom to establish a ferry across the Illi-
'^^" nois river.
Section 1. Be it enacted hy the people of the state of
Illinois, represented in the Getieral »dssembli/, That Daniel
Horrom, his heirs and assigns, be and they are hereby au-
thorized to establish and keep a ferry across the Illinois
river, at or near the section corners of section fifteen, six-
teen, twenty-one and twenty-two, in township number
thirty-three, north of range number six, east of the third
principal meridian, for the terra of twenty years.
I'^ii' § 2. The said Daniel Horrom, his heirs and assigns, are
hereby authorized to charge, collect and receive such rates
of ferriage as are now authorized to be charged by other
ferries on said river similarly situated.
Comply with pro- § 3. The Said Daniel Horrom, his heirs and assigns,
tilr'°42°reviseci shall comply in every respect with the provisions of chap-
.«tatutes. ^gj. forty-two of the Revised Statutes, entitled "ferries,"
and shall be entitled to the same rights and privileges, and
be subject to the same liabilities as other ferrymen on said
river similarly situated.
§ 4. This act shall take effect and be in force from and
after its passage.
Approved February 8, 1853.
Section 1. Be it enacted hy the people of the state of
Illinois, represented in the General ,/hsemhly, Tliat the
Not considered bridge erected at the town of Petersburg, in Menard
obstruction. a _ O'
county, by order of the county commissioners oi said coun-
ty, across the Sangamon river, during the year 1851, shall
not be considered an obstruction to the navigation of said
river, any law of this state heretofore passed to the con-
trary notwithstanding, and the erection of the same is
hereby legalized, sanctioned and approved.
^^'^^"s ^' co"»iy § 2. The county court of Menard county is hereby au-
thorized and empowered, by orders entered of record by
said court, to regulate the speed of travel and the mode of
tran'^portation over said bridge, and to provide for the pun-
ishment of persons violating such orders by fine, not ex-
ceeding ten dollars for each oifence, to be sued for and
collected by action of debt before any justice of the peace:
Proxnded, that the substance of such orders or notice of
their contents be posted in conspicuous places at both ends
of said bridge.
§ 3. This act shall be in force from and after its passage.
Approved February 10, 1853.
535 1853.
AN ACT supplemental to an act to amend the charter of the Central Mil- in force Feb.
itary Tract Railroad Company. ^^''^*
Section 1 . Be it enacted by the people of the state of Illi-
nois, represented in the General ^/Issembly, That the act en-
titled an act to amend an act entitled "An act to incor- Extend i.nmc
porate the Central Military Tract Railroad Company,"
be so amended as to authorize the said company to extend a
branch of said railroad from the town of Henderson, in Knox
county, to the city of Monmouth, in Warren county.
§ 2. All of the powers, privileges and franchises given Powers.
and conferred upon said company in its original and
amended charter, shall be and are hereby given to said
company in construction of said branch road.
§ 3. This act to take effect and be in force from and
after its passage.
Approved Feibruary 11, 1853.
AN
ACT granting additional powers and privileges to and legalizing the l» fot-ce Feb, u
acts of Warsaw and Augusta Plank Road Company. iSo3.
Be it enacted by the people of the state of Illinois, rep-
resented in the General Assembly, That the Warsaw and
Augusta Plank Road Company, are hereby authorized to
construct a branch of their road to and through the town
of Chili, in Hancock county.
The said company are authorized to issue bonds issue
bearing an interest, not exceeding ten per cent., and to an
amount not exceeding the capital stock then subscribed,
for the purpose of borrowing money in aid of the construc-
tion of said road, and by their president, upon an order of
the directors, to mortgage said road or any portion thereof,
as security for said bonds. The said company may, upon
agreement with the owner thereof, receive real estate in
payment of stock in said company, and the same sell and
convey by deed of the president, upon the order of the
directors.
The said company may, at any time, change or alter Right
the location of any portions of their road, by agreement
with the owner or owners of the land, or in case of disa-
greement, may take as much land as may be convenient
for its purposes, the damage in such case, as well as in any
case of land already taken, or to be taken by the com-
pany, may be estimated and paid in manner provided by
law for the assessment and recovery of damages happen-
ing by the laying out of public highways, or they may be
estimated and paid under the act entitled an act to pro-
vide for the construction of plank roads by a general law,
1853. 536
and any amendment now or hereafter made thereto : Fro-
vided, that the county court consisting of the county
judge alone, may in all cases, under section fifteen and,the
subsequent sections of said act, perform the duties of the
county court referred to in said act; and in case the owner
or owners of any lands set forth in the petition referred to in
section fourteen of said act fail to appear before said judge
at the time set for the hearing thereof, the said judge shall
enter an order confirming the report of the commissioners
in regard to so much of said lands, and their assessment
shall be final in tlie premises.
All the acts and doings of the Warsaw and Augusta
Plank Road Company organized, or so intended to be,
under the general plank road law of the state, are hereby
legalized ; and the said company may proceed in the same
manner as if all things had been done in strict conformity
with the provisions of the general plank road law of the
state.
The said company may construct any bridges along
the line of said road, and charge and receive such toll for
crossing the same as may be prescribed by the county
court.
The company may at anj- time construct a branch
from any point on their road to any point in McDonough
county, with an additional branch to La Harpe, U the di-
rectors deem it advisable.
This act to be taken and deemed a public act, and to
be in force from and after its passage.
Approved February 10, 1853.
f Foi . 10, AN ACT supplemental to an act concerninp; the Mount Carbon Coal Com-
i'^53. panyj approved February 1st, 1851.
Section 1. Be it enacted by the people of the state oj
liUnuis, represented in the Goieral »'2sscnibti/, That the
xtemic : said Mount Carbon Coal Company, of the county of Jack-
son, and state of Illinois, shall bo and they are hereby al-
lowed the further time of two years to complete the rail-
road authorized to be made by the aforesaid act, approved
February 1st, 1851.
vnum.;. §2. The Said Mouut Carbon Coal Company afc hereby
authorized to borrow money, from time to time, on the
credit of the company, at any rate of interest not exceed-
ing seven per cent, per annum, as may be agreed on be-
tween the parties, fortlie sole purpose of constructing said
road and furnishing the same with cars, locomotives and
537 1863.
other machinery necessary to carry on tlie operations of
said company, and may issue its corporate bonds tlierefor
in denominations of not less tlian five hundred dollars, and
to secure the payment thereof, with the interest that may
accrue thereon, may mortgage their corporate property
or franchises, or convey the same by deed of trust for said
purposes; and they may, by their president or other officers
or agents, sell, dispose of or negotiate such bonds or stocks
of said company, at such times and places, either within or
without "the state, and at such rates, and for such prices as
in their opinion will best advance the interest of the said
company; and if such bonds or stocks are thus sold at a
discount, such sale shall be as valid and binding in every
respect as if sold at par value.
§ 3. The certificate of the secretary of said company, Evidence.
under the corporate seal thereof, shall be received in all
courts of justice and elsewhere as evidence of the regular
organization of said company under its charter, or of any
act or order of the board of directors of said company; and
the corpor^ate rights, privileges and franchises of said com-
pany, as granted, are hereby declared to be in full force
and effect, and all causes, if any exist, of forfeiture waived.
§ 4. Nothing in this act contained shall autiiorize any
railroad to be constructed to any point north of a line run-
ning due east from the town of Kaskaskia, in the county of
Randolph.
§ 5. This act shall [be] deemed and taken as a public
act, and shall be in force from and after its passage.
Approved February 10, 1853.
AN ACT to change the location of the Western Mail route at Big Silver In force Jan 31,
creek, in St. Clair county, and for other purposes. ^^^'
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Jissembly, That the
Ohio and Mississippi Railroad Company, incorporated by change.
this state, shall be and they are hereby permitted to make
such change in the location of the Great Western Mail
Route, west of and over the bottom of Big Silver creek,
and in the road from Lebanon to Nashville, and near
the town of Lebanon, passing over Little Silver creek,
and such change in the channel of said creek, the same
being in the countyDf St. Clair, as may best facilitate the
construction of their railroad over the same and over the
said roads there being: Provided, huivever, that the said Pr"^'*'-
company shall, at their own expense and without delay,
make the said mail route and the levees and embankments
1853.
538
at Big Silver creek, and the said road from Lebanon to
Nashville as passable, for all purposes of travel, as they now
are, and shall reconstruct the bridge over Little Silver
creek as substantial and passable as it now is; and shall
make the new channel of Little Silver creek as wide and
deep as the same now is; and in using private property for
such purposes, the said company may proceed to condemn
the same under the act to amend the law condemning the
right of way for purposes of internal improvement, ap-
proved June 22, 1852.
§ 2. This act to take effect and be in force from and
after its passage.
Approved Jan. 31, 1853.
In force Feb. 12, AN ACT to authorize Ira Y. Miinn and George L. Scott to keep a ferry
18^3. across the Illinois river, at Spring Bay.
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly, That Ira
Y. Munn and George L. Scott, their associates, assigns and
successors, shall be and they are hereby chartered and
constituted a body corporate, by the name of the "Spring
Name. Bay Ferry and Dyke Company," with succession for fifty
years; be capable of suing and being sued in all courts; be
capable of contracting and being contracted with; of pur-
chasing, selling and holding real estate, both real and per-
sonal, as necessary and convenient to enable them to estab-
lish a ferry across the Illinois river at Spring Bay, in this
state; and to build dykes, bridges and plank roads across
the overflowed bottoms of the Illinois river at and opposite
said place; and to carry out the privileges and franchises
granted, with power to make by-laws, rules and regula-
tions for the management of its property, the stock of said
company, and to regulate its affairs.
stock. ^ 2. The stock of said company shall not exceed twen-
ty-five thousand dollars, in shares of twenty-five dollars
each, which is declared to be personal property, transfer-
rable by assignment.
Governed. § 3. The Said Corporation shall, as soon as their em-
bankments and dykes are completed, run a good and sub-
stantial ferry boat across the river at said place, giving
safe and speedy passage to all persons wishing to cross,
and be governed in the management of said ferry by the
provisions of the act entitled "An act to provide for the
establishment of ferries," approved February 12th, 1827 ;
and said company shall have the right to make all the ne-
539 < 1863.
cessary dykes, embankments and other improvements that
may be deemed necessary to carry into successful opera-
tion said ferry, upon any public road or street leading to
said river, or upon land over which no road or street may
pass, by obtaining the consent of the owner thereto.
§ 4. Said comjjany shall have the exclusive privilege
of ferrying at the town of Spring Bay, across the Illinois
river, and for three miles each way from the landing of the
said ferry ; said ferry to be taxed annually by the counties
of Peoria and Woodford in any sum not exceeding ten dol-
lars.
Approved February 12, 1853.
AN ACT to consolidate Clark's Exchange Banks.
In force Feb. &-
Whereas, under the provisions of the sixth and seventh Preamble,
sections x)f an act of the general assembly of Illinois,
entitled "An act to establish a general system of bank-
ing," passed on the 15th day of February, A. D. 1851,
Luther C. Clark, Edward Dodge and Nicholas H. Ridg-
ley, did, on the twenty-sixth oay of April, A. D. 1852,
file in the office of secretary of state, and also in the
office of the auditor of state, a copy of a certificate, made,
executed, acknowledged and recorded in accordance
with the provisions of said sections, whereby they be-
come a body politic and corporate, by the name of
"Clark's Exchange Banks ;" and whereas under the
same provisions of the said act, the said Luther C. Clark,
Edward Dodge and Nicholas H. Ridgley, did, on the
fifteenth day of June, A. D. 1852, file in the office of the
auditor of state, a copy of another certificate, made,
executed, acknowledged and recorded according to law,
under which they again became incorporated under the
name of "Clark's Exchange Bank," the said partners
owning each the same proportional amount of the stock
of both corporations at the time of filing the said cer-
tificates, and having made no change since in the amount
and proportion of said stock held by them respectively;
and whereas both corporations have fully complied with
all the requirements of the law necessary to entitle
them to do banking business, and have been doing bank-
ing business ever since the filing of the copies of the
certificates as herein set forth, keeping separate books
and accounts, and making separate reports and returns
to the auditor for such incorporations, under the provi-
sions of said act ; and whereas unnecessary labor and
1853. 540
expense are incurred in the auditor's office, and by the
banks in keeping separate accounts for the two banks,
which will be saved by uniting and consolidating them ;
therefore —
Section 1. Be it enacted hy the people of the state of
Illinois, reprefsented in the General ^^ssemhly. That the
Auukii unite, auditor of public accounts be authorized to unite and blend
together the accounts of the said corporations under the
name and style of "Clark's Exchange Bank," and keep but
one account with the said banks, embracing and uniting in
his books the accounts and business of the two incorpora-
tions ; and that the said banks in making their returns and
reports to the auditor may unite and consolidate them, in
accordance with the provisions of this section, W'hich re-
ports so made shall be a full compliance with the provisions
of the law requiring them to be made to the auditor.
jjuty ot corpora- ^ 2. Before the busiuess and accouuts of Said Corpora-
tions shall be thus united and blended, it shall be the duty
of said corporation last created, by a resolution to be en-
tered on the books of said last named corporation, a copy
of which certificate under the hands of the president and
cashier of tlie said corporation, shall be filed with the au-
ditor, to assume all the debts and liabilities of said first named
corporation, and thereafter all the business and transactions
of said corporations sliall be transacted and carried on by
said last named corporation; and the auditor shall charge
all the circulating notes heretofore delivered to said first
named corporation to the said last named corporation,
which shall receipt for the same ; and the auditor shall
hold the bonds deposited by said first named corporation
as security, in the same manner as if the same had been
originally deposited by said last named corporation.
§ 3. The provisions of this act shall apply to the asso-
ciations or corporations known as the "Marine Bank of
Chicago," and they may avail themselves of the same by
complying therewith, in the manner required of Clark's
Exchange Banks, so far as the same are applicable, under
the direction of tlie auditor.
This act to take effect from and after its passage.
Approved February 8, 1853.
Ill force Feb. 12, AN ACT to authorize Narcisse Pensone?.u and others to establish a ferry
^^^^' and build a bridj^e across the Kaskaslvia river, and to build a plank road
on both sides of said river, opposite section twenty-two, in townsiiip one
south, of range six west, of thetliird principal meridian, irrSt. Clair county.
Skction 1. Be it enacted by the people of th^ state of
Illinois, represented i7i the General */issembly, That Narcis-
Buiid bridge, se Pensoneau, and his associates and assigns, be and the
541 1863.
same are hereby authorized to build a toll bridge across
the Kaskaskia river, in the county of St. Clair, from or
near section twenty-second, T. 1 S., R. 6 west, on lands of
said Pensoneau, at a place known on said river as "The
High Banks :" Pr'uvidcd, that said bridge shall be con-
structed across the main channel of said river at as great
an elevation above the bed of the river as not to obstruct,
in ordinary stages of water, the navigating said river; and
if at any time hereafter the navigation of said Kaskaskia
river shall be improved, by slack water or otherwise, said
bridge shall be so changed in its construction as not to in-
terfere with said improved navigation.
§ 2. Said Narcisse Pensoneau, and liis associates, heirs Marmtr oi
and assigns, shall build said bridge of good materials, and '*''"'''*"*''•
in a substantial manner, so as to admit the safe passage of
persons, wagons, teams, cattle, &c., and shall commence
the building of the same within two years, and have the
same completed within five years from the passage of this
act.
§ 3. A' each end of said bridge the said Pensoneau, Tou-gates.
and his associates, heirs and assigns, are hereby autliorized
to place a toll-gate where toll may be asked, demanded and
received by said Ponsoneau and his heirs and assigns, at
the rate allowed at the passage of this act to ferries on
said river Kaskaskia by the county commissioners' court
of St. Clair county.
§ 4. The said Narcisse Pensoneau and his associates, Rates of (<ai
and their heirs and assigns, shall procure from the clerk of
the county commissioners' court of St. Clair county a cer-
tified copy of rates allowed to ferries, as stated in the pre-
ceding section, and shall cause a printed copy of the same
to be kept up in some conspicuous place near the two ex-
tremes of said bridge ; and if the}-, or any person acting
under them, or by tlieir authority, shall demand and receive
more toll tiian is allowed by this act, orsiiall unreasonably
hinder or detain any j^rson wishing to cross said bridge,
they shall forfeit and pay the sum of five dollars, to be re-
covered by any person suing for the same, by action of
debt, before any justice of the peace of the county of St.
Clair.
^ 5. Until the said Narcisse Pensoneau and his associ- penr.
ates, and t'leir heirs and assigns, shall have the said bridge
ready for use, he or they shall be by this act authorized to
establish a ferry across said river at or near the })lace de-
signated herein for the building of said bridge, and siiall
be permitted to charge for ferrying across said river the
same rate of toll as hereinbefore referred to and expressed
for crossing over said bridge when the same sliall be com-
pleted, and shall be held under the same restrictions, reg-
ulations and forfeitures as expressed in the fourth section.
&
1863. 642
t voai. § 6. The said Narcisse Pensoneau and his associates,
their heirs and assigns, are further authorized by this act, in
addition to establishing said ferry, to build bridges and plank
roads across the overflowed land in the bottom of said river
Kaskaskia, at or near the section designated in said town-
ship, and to continue the same as far as he or they may deem
practicable and to their interest, on an eastern course to
Elkton, in Washington county, and northwest course to
the town Mascoutah, in St. Clair county, on both sides of
said river Kaskaskia.
ountyroad. § 7. Whenever said Narcisse Pensoneau, his associ-
ates, their heirs and assigns, shall commence in the con-
struction of their ferry, bridge or plank road, he or they
shall and ma^ have and use so mucii of the state or county
roads, crossing at said point, and county or state lands on
said location, in said township, as he or they wish to ap-
propriate to their use, free of charge for the same, as may
be necessary for the construction of the same. And when-
ever one half mile of said plank road shall be by him or
them constructed on both or either side of said river, from
or to said ferry, so as to make the traveling thereon safe,
easy and permanent, he or they may establish a toll-gate
thereon, and take such toll from person or persons, and
from all teams, carriages and stock passing thereon, in ac-
cordance with the provisions of an act entitled "An act to
provide for the construction of plank roads bj?^ a general
law," approved February 12, 1849, as to the rate per mile.
9. § 8. It shall be lawful for said Narcisse Pensoneau to
unite his said road with any other plank road company
which may be hereafter incorporated by any law in this
state, and to grant to any such company any riglit of way,
and to authorize them to use any road hereby authorized
to be used by him for the construction of his said road, up-
on such terms as he or they may mutually agree upon,
without violating any of the privileges therein granted.
eiatiiig. § 9. If at any time before the birtlding of said bridge or
plank road the said Narcisse Pensoneau shall be desirous
of associating any person or persons with him, for tl-e pur-
pose expressed in this act, it shall be lawful for him and
his associates to form themselves into a joint stock com-
pany, by t!ie name and style of "The Mascoutah and Elk-
ton Plank Road and Bridge Company," with a capital not
to exceed fifty thousand dollars; to appoint officers to con-
duct the affairs of the same; to issue stock certificates for
tiie respective amounts each individual may be entitled to,
and to divide the stock into shares of one hundred dollars
each, and to pass all necessary by-laws for transferring
stock and regulating the operations of said joint stock
company, in prosecuting and completing the object herein
expressed, which may be in accordance to the laws and
543 1853.
constitution of this state ; and in the above name and style
to sue and be sued to final judgment, answer and be an-
swered, prosecute and defend in all courts of justice; to
purchase, sell and hold real and personal estate in any
any amount not to exceed the capital stock hereinbefore
stated; and to have and use a common seal in the transac-
tions of the business of said joint stock company.
§ 10. Said Narcisse Pensoneau, his associates, theirRigiit of way.
heirs and assigns, are hereby authorized and empowered
to acquire and appropriate to their use, to carry out the
object of this act, any land, timber, stone, gravel, which
may be deemed necessary for the use and constriction of
the said road, bridge and ferry, and when the same cannot
be obtained by consent of the owner or owners, upon rea-
sonable terms, the same shall be valued and estimated in
manner provided by law for the recovery of damages
happening by the laying out of highways; but in no case
shall tlie appeal cause suspension of laying out or appro-
priating the same when the law referred to has been com-
plied to.
§ 11. And the said Narcisse Pensoneau, his associates, Exciusiv. \n\
their heirs and assigns, shall have the exclusive privilege '^^®"
of bridging or ferrying said river Kaskaskia for the dis-
tance of th'ree miles up and three miles down, from the
point where said bridge or ferry may be located, on or near
section 22, town. 1 S., R. 6 west, of the third principal
meridian, in St. Clair county, for the space of fifty years
from the passage of this act. If any person shall willfully
do or cause to be done, any injury to said ferry, bridge or
plank road, the person so offending shall forfeit and pay to
the said Narcisse Pensoneau, his associates, their heirs
and assigns, double tlie amount of such injury or damages,
to be recovered before any court having jurisdiction of the
same; and on the hearing and the rendition of judgment,
execution shall issue forthwith against said offender or
offenders. And if any team or teams that may travel on
said plank road, otherwise than to cross the same at the
regular laid outs, or where the termini of said junction
of any such road shall be on different sides of any toll-
gate, and shall travel on and not pay the regular tolls for
the use of said road so traveled upon, when demanded, or
shall leave the road and refuse to pay the toll, when de-
manded, all such person or persons shall be liable to a fine
of five dollars, to be collected in an action of trespass
before any court in the state having jurisdiction of the
same; and on the rendition of said judgment, execution
shall issue forthwith against said trespassers. All fines for
trespass under this act shall go to the benefit of the poor
of St. Clair county.
1853. 544
Boirowmoney. § 12. And the Said Narcisse Pensoneau, liis associates,
their lieirs or assigns, are hereby empowered and author-
ized to borrow, from time to time, such sums of money, not
exceeding the capital stock, as in his or their discretion,
may be deemed necessary to aid in the construction of said
work, and to pay any rate of interest not exceeding ten
per cent, per annum, and to pledge and mortgage or hy-
pothecate the said ferry and bridge and land on which the
same is situated, together with said plank road or any part
thereof, or any other property, both real and personal,
effects, rights, credits, or the franchise hereby granted or
stock oflKirae, and to dispose of the bonds issued for such
loan, at such rates and on such terras as the board of di-
rectors may deem advisable, for the interest of said com-
pany, on condition that each stockholder shall be person-
ally liable for the amount of his stock in final redemption
of the same.
§ 13. If the aforesaid Narcisse Pensoneau shall refuse
to avail himself of the privileges and powers herein con-
ferred by this act, by declining the association herein pro-
vided for, the said refusal shall not in any manner work a
forfeiture, or by any reason impair the right and privileges
herein granted to the fullest extent, but in the event of
such refusal by the said Pensoneau, the party choosing to
do so may as fully enjoy and execute the functions of this
act as if no such refusal had taken place.
§ 14. This act to take effect from and after its passage,
and be in force for the space of fifty years.
Approved February 12, 1853.
In forco Feb. 3, AN ACT to iiicorpora'e the Cairo Cemetery Associalion.
1853.
Section 1 . Be it enacted by the people of the state of Illi-
nois, represented in the General Assemhbi^ That Samuel
coriwratois. Staats Taylor, Henry Clay Long, George D. Gordon, Pat-
rick Corcoran, Thomas S. Taylor and Charles Davis, and
their associates and successors, be and they are hereby
constituted a body corporate and politic, by the name and
style of "The Cairo Cemetery Association," and by that
name shall have perpetual succession, and shall have all
the powers, rights and privileges, liabilities and immunities
incident to a corporate body.
Heal ostatp. § 2. Said associatiou shall have power to own real
estate not exceeding fifteen acres, and personal property
not exceeding at one time five hundred dollars, which shall
be exempt from taxation and from attachment and exe-
cution.
545 1853.
§ 3. The object of said association shall be exclusively oi.jocts.
to lay out, enclose 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 tiie
burial place into lots of suitable size, and sell the same,
purchasers of which shall use the same as herein contem-
plated, and for no other purpose.
§ 5. The officers of this association shall be a presi-omcers.
dent, a secretary and treasurer, a superintendent and three
directors, vvlio shall be chosen annually by ballot, by the
members of the association, and shall hold th^ir office
until their successors are chosen; any neglect to ciioose
officers on the day fixed upon by said officers, shall not
operate as a forfeiture of this act of incorporation.
§ 6. Every person holding one or more lots shall be dmemhcr.
member, and entitled to one vote only; absent members
shall have power to vote by proxy.
§ 7. It shall be the duty of the secretary, on the order caiime.ti.,^
of the president, or any two directors, to call a meeting
of the members for the choice of officers, or for the trans-
action of any other kind of business which this act au-
thorizes, by giving five days' notice.
§ 8. The said corporation shall have power to estab- By-um-.
lish and change by-laws, and prescribe rules and regula-
tions for their government and the direction of their offi-
cers, prescribe their duties, and management of its pro-
perty and affairs.
§ 9. This act shall be in force from and after its passage.
Approved February 3, 1853.
AN ACT to incorporate the Green Mound Cemetery. in turM Pcii
1853.
Section 1. Be it enacted hy the people of the state of
Illinois, represented in the General Assembly.^ That? John
M. H. Wilson, George W. Rodecker and John C. Pepper, corponfors,
of the town of Keithsburg and vicinity, and their associ-
ates and successors, be and they are hereby constituted a
body corporate and politic, by the name and style of "Thestvip.
Green Mound Cemetery Association," and by that name
shall have perpetual succession, and shall have all the
powers, rights and privileges, liabilities and immunities in-
cident to a corporate body.
§ 2. Said association shall have power to own real es- Reaj «Btate.
tate not exceeding ten acres, and personal property not
exceeding, at any one time, five hundred dollars ; which
shall be exempt from taxation, and from attachment and
execution.
r K2 ]
1853, 546
;t<=. § 3. The object of said association shall be exclusively
to lay out, enclose and ornament a plat of ground, to be
used as a burial place for the dead, and are empowered to lay
the same out into lots and to sell the same, purchasers of
whicli shall use the same as herein contemplated, and for
no otlier purpose.
cation of § 4. The proceeds of such sales and other funds which
^' may come into the possession of the association, shall be
appropriated and used in eticlosing the grounds and in im-.
proving and ornamenting ti\e same, or in otlier objects
connected with the incorporation. The owners of lots
in the cemetery shall, on the first Saturday in June next,
elect three trustees, who shall be owners of lots in the
cemetery, one of whom shall continue in office for one
year, one for two years, and one for three years, and until
their successors are elected; and annually thereafter, on the
first Saturday of April, they shall elect one trustee, who
shall continue in office for three years or until his succes-
sor is elected ; any neglect to elect officers on said day
shall not act as a forfeiture of this act of incorporation.
§ 5. Every owner of one or more lots shall be a mem-
ber, and shall be entitled to one vote ; absent members may
vote by proxy.
^.j^_ § 6. The trustees may make all necessary by-laws and
regulations for laying out, ornamenting and keeping in
repair said cemetery, and for preserving other property of
the association ; they shall appoint a treasurer, secretary
and sexton, and shall define their duties and affix their
compensation.
eate. § 7. The right of property to any lot or lots which
may be purchased shall be vested by certificate of stock,
signed by the secretary and recorded in a book kept for
that purpose by the secretary; 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, and
make an entry thereof.
§ 8. It shall be the duty of said association to keep a
register in a well bound book, of all interments made in
said cemetery, with all the particulars connected there-
with, such as name of deceased, date of interment, age,
place of nativity, &c., so far as can be ascertained; which
book shall be open and free for the inspection of any one
interested therewith. This act to take effect and be in
force from arid after its passage.
Approved February 10, 1853.
547 1863.
AN ACT to incorporate Le Roy Seminary, in McLean county, Illinois. l" force Vot>. is.
185S.
Section 1. Be ii enacted by the people of the state of
IlliJiois, represented in the General Jissembly, That Arch-
ibald Johnson, R. F. Patton, Cyrus Haynes, Levi Dan- corpya**'"--
ley, John W. Baddley, James Van Deventer, Daniel Hart-
sock, Thomas Buckles and J. J. Kennedy, and tiieir suc-
cessors in office, be and are hereby created a body politic
and corporate, by the name of "Le Roy Seminary," andstyi».
by that name to remain and have perpetual succession,
with power to contract and be contracted with, sue and
be sued, plead and be impleaded, to receive, acquire, hold,
transfer and convey property, real, personal and mixed,
to have and use the same, together with the issues, rents
and protits thereof, for the use of the institution : Pro-
vided^ however^ that money or property donated for a spe-
cial purpose shall, if accepted, be applied faithfully to such
purpose.
§ 2. The trustees shall have power to have, use, alter powers,
and change a common seal, at pleasure ; to adopt by-laws
regulating the operations of the corporation, its officers
and agents, and specifying the duties of the students :
Provided, however, said by-laws be not inconsistent with Proviso,
the constitution and laws of the United States, or of this
state.
§ 3. Theobjectof this corporation shall be to promote Objects,
the cause of education generally, and to extend the influ-
ence of science, morality and religion in the community.
§ 4. Said board of trustees shall have power to collect Coiiect mcrfyF.
all moneys or property^ which have or may be subscribed
for the benefit of said seminary ; to obtain a title to the
block or lots of land on which buildings may be erected ;
to provide that buildings be erected, to purchase furniture,
books, maps, charts, globes, philosophical and chemical
apparatus.
§ 5. The trustees shall have power to select and em-omcert^.
ploy a principal or president, professors and tutors, as
they may judge necessary ; to fix their compensation ; to
remove or dismiss any one, or all of them, when they be-
lieve the circumstances require it, and appoint others in
their stead ; to prescribe the course of study, fix the
price of tuition, room rent and other accommodations
afforded to students.
§ 6. The principal, or president, professors and tu- Faculty,
tors, shall constitute the faculty, and shall have full power
to enforce the laws, rules and regulations adopted by the
trustees for the government of the students, and in the
exercise of discipline to suspend or expel students who
behave immorally or violate the laws, and with the consent
of the trustees, to confer academical and honorary degrees.
1863. 548
similar to those conferred by other seminaries and colleges,
and to grant certifixjates and diplomas under their common
seal.
rtments. § 7. Said trustecs shall have power to establish sep-
arate male and female departments, a common school, pre-
paratory, scientific, classical and theological departments,
and may connect manual labor with any or ail these de-
partments.
§ 8. The board of trustees shall be divided by the
president of the board, at a meeting to be held on the
fourth Monday in next March, into three classes, and those
composing the first class shall go out of office in two years;
those in the second class, in four and those in the third
class, in six years from said date ; those whose term of
service has expired will be re-eligible-
Vicaacios. § 9. All vacaucics occuring in the board to be filled
by Mackinac Presbytery of the Cumberland Presbyterian
Church : Provided, tiiat the trustees in office may aj)point
persons to fill vacancies, whose term of service shall only
continue until the presbytery shall take action on the case.
Boar.i of visitore. § 10- The board of trustees, with the concurrence of
said presbytery, may select annually a board of nine vis-
itors, who shall be invited to attend examinations and im-
portant meetings of the board, and shall, when present,
have a right to sit, deliberate and vote on all subjects
under consideration by the board.
SKoiupt from § H- The block or lots of land ou whicli the buildings
may be erected, belonging to said institution, not exceed-
ing ten acre,; of land, with the improvements tiiereon, and
all the personal property of the corporation, shall be ex-
empt from taxation for ai-iy purpose whatever.
§ 12. This act shall be a public act, and shall be in
force from and after its passage.
Approved February 12, 1853.
! AN ACT to incorporate the Lockport Cemetery Association.
Section 1. Be it enacted by the people of the fit ate of
Illinois, represented in the General .dssembly, That John
Griswold, David C. Baldwin, Joel Manning, William S.
Myers and John W. Paddock, and their associates and
successors, in the town of Lockport, Will county, and its
vicinity, be and they are hereby constituted a body corpo-
rate and politic, by the name and style of "The Lockport
Cemetery Association," and by that name shall jiave per-
petual succession, and shall have, possess and be invested
taxation.
549 1853.
with all powers, rights, priviliges and liabilities incident to
a corporate body.
§ 2. Said association shall have power to own and pos-Reaieatat..
sess real estate not exceeding ten acres of ground, which
shall be exempt from taxation.
§ 3. The object of said association shall be to receive object*.
title, to own, lay out, enclose and ornament the said ten
acre lot of ground, to be used as a place of burial for the
dead.
§ 4, Said association shall have power to lay out said
ground into streets, alleys and lots, suitable for family
burial lots, and sell the said lots; the purchasers of which
shall use the said lots for the purposes herein contempla-
ted, and for no other use whatever; and on application of
said lots, or any one of them, to any other purpose, by the
purchasers, shall work a forfeiture of his claim thereto.
§ 5. Tlie proceeds of such sale shall be applied to theProceeds.
payment of the purchase money of said ground, fencing,
laying out and ornamenting the same, and other expenses
necessary for carrying into effect the objects of this associ-
ation ; and in laying out the said ground into streets, alleys
and family Jots, sufficient ground shall be reserved for a
potter's field or common burial ground, but which shall re-
main under the superintendence of this association.
§ 6. The officers of this association shall be a presi- ^^'~^'='^"-
ident, a treasurer, who shall act as a secretary, and a su-
perintendent, who shall be chosen, annually, on the first
Monday of April, by ballot, and shall hold office until
their successors are elected. Notice of such election shall,
in the first instance, be given by the said corporators, and
subsequently by the secretary, by written notice, at two
public places in Lockport, specifying the time and place
of holding the election; and said corporators shall super-
intend the first and the said officers all subsequent elec-
tions; and every neglect to elect officers on the specified
day sliall not work a forfeiture of this act of incorporation,
but subsequently an election may be held by giving ten
days' notice. The president, treasurer and superinten-
dent shall constitute a board for the transaction of business
and the appointment of agents for the accomplishment of
the objects this association.
§ 7. Every person who at the passage of this act shall Memhere.
have subscribed and paid any sum of money for the pur-
chase and fencing said ground, and every person who is
an owner of a family lot therein, shall be a member of this
association and entitled to one vote in the elections under
this act; absent members may vote by proxy.
§ 8. The right of property to any lot which may be certificates.
purchased as a family lot, shall be vested in the purchaser,
by a certificate of purchase describing the lot, by number
1853. 550
or otherwise, signed by the president and countersigned
by the secretary; and every certificate of sale or transfer
shall be recorded by the secretary, in a book to be kept
for that purpose; and the manner of transfer from one indi-
vidual to another shall be by surrendering the former cer-
tificate to be cancelled, and the issuing of a second : Provi-
ded^ that no one individual shall own more than two lots, and
also that whatever sum any person may have subscribed
and paid for purchasing and fencing said ground shall be
allowed him in payment of the purchase money of any fam-
ily lot.
ateeting. § 9. It sliall be the duty of the secretary, on the re-
quest of the president or superintendent or of four mem-
bers of the association, to call a meeting of the asso-
ciation for the election of officers or for the transaction of
any business which this act authorizes, and which does
not properly come under the control of the officers, by
giving five days' public notice.
aw,.. § 10. The said corporation shall have power to estab-
lish or make and change by-laws and regulations for tlieir
government, the direction of their officers and tiie man-
agement of its property and aiFairs, not inconsistent with
the laws of this stale or of the United States.
leground. § ^1* ^his associatiou sliall have power to lease, for
any limited time, a portion of said ground, not exceeding
two acres, on which to erect a school house or any public
building or buildings for school purposes, or for the public
use of the village of Lockport; and they may lease for or-
dinary use, from time to time, any unoccupied portion of
said ground not required for the objects of this association.
And this act shall be in force from and after its passage.
Approved February 12, 1853.
AN ACT to incorporate the Oak Woods Cemetery xVasociation.
Section 1. Be it enacted by the people oj the state oj
Illinois, represented in the General Assembly, That Joseph
B. Wells, William B. Herrick, John Evins, Norman B.
Judd, Wm. B. Egan, Ebenezer Peck, J. Young Scammon,
R. K. Swift and Charles N. McKubbin, and their asso-
ciates and successors, be and they are hereby created a
body corporate and politic, by the name and style of "The
Oak Woods Cemetery Association," near the city of Chi-
cago, in the county of Cook, and by that name and style
to have perpetual succession, and all the powers, rights,
liabilities and immunities incident to a corporate body.
551 1853.
§ 2. The officers of said association shall be nine di-omccn.
rectors and such other officers as by this act may be au-
thorized or created, each of whom shall be the owner of
one or more lots in the cemetery of said association. Said
directors, or a majority of them, in all cases shall constitute
a board for the transaction of all business, and the man-
agement of all property of said association, and shall be
elected by ballot, on tiie first Monday in March, in each
year, and shall hold their offices until their successors are
elected.
§ 3. Said board of directors shall choose, from their I'lesi'ient.
own number, a president and treasurer, and shall appoint,
from the members of said association, a secretary, sexton
and such other officers as the interest of said association
may require. A. bond with security shall be taken by
said board from said treasurer, for the faithful discharge
of the duties of his office.
§ 4. At all elections of said association, two of saidKi-ctTt.
directors shall act as jadges, and the secretary of the
board as chief clerk thereof; and said clerk shall, within
ten days after each election, give to the persons chosen a
certificate of their election. Said board may, on giving
ten days' public notice thereof, hold a special election for
filling the vacancy or vacancies occasioned by the death,
resignation or removal of any of said directors.
§ 5. Every person having a title of one or more lots Members,
in said cemetery, shall be a member of said association,
and entitled i) one vote only ; absent members shall have
power to vote by proxy, authorized by writing, first filed
with the secretary of said board.
§ 6. Said board of directors shall have power to pur- Real estat,
chase, receive, by grant or otherwise, and hold lands not
exceeding one hundred and sixty acres, for a cemetery,
and to survey and lay out the same into lots suitable for
the burial of the dead ; also, to sell and convey the same,
by certificates of purchase, signed and acknowledged by
the president, and attested by the secretary, as hereinafter
provided, and the purchasers thereof, their heirs and as-
signs, siiall use their said lots for burial purposes only.
§ 7. The proceeds arising from the sale of said lots,^i>«"''-^ai
shall be applied by said directors in enclosing, protecting
and ornamenting said cemetery, and in making such other
improvements tliereon, and for such other purpose for the
interest and objects of said association as the said direc-
tors may deem necessary or appropriate, and said board
of directors shall have power to establish and change by-
laws, prescribe rules and regulations for the appointment,
term of office, duties and fees of their officers, the gov-
ernment of the association and the general supervision and
1853. 552
control of its property. Said board may for cause remove
any of the officers of its appointment.
§ 8. Said association shall have a corporate seal, with
such device and incription tiiereon, as may be determined
by said board of directors. All deeds and other writings,
made or issued by said association, shall be signed by the
president, attested by tiie secretary and sealed with said
corporate sea).
§ 9. Said board of directors 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 meet-
ings, proceedings, orders, purchases and sales of property,
with the names of parties thereto, also a complete r eister
of tiie burials in said cemetery, with the names and ages
of the dead; wiiich book of record, as w^ell as all other
books kept by the board of directors or their secretary,
shall at all times be open for the inspection of the mem-
bers of said association.
,j,,,,. § 10. The right of property to any lot or lots in said
cemetery shall be vested in the purchaser by certificate of
purchase, signed by the president and attested by the sec-
retary, and sealed as hereinbefore provided; which certi-
ficate shall be recorded by the secretary ; every transfer
of such certificate shall be made by surrendering the same
-to the secretary, who shall issue a new certificate to the
assignee and cancel the former. Lots owned by individuals
in said cemetery shall not be subject to be sold on exe-
cution for debt.
§ 11. A plat of said cemetery shall be made by some
competent surveyor under the direction of said board of di-
rectors, attested by the said surveyor and acknowledged by
the president of said association before any officer author-
ized to take acknowledgment of deeds, and when so attested
and acknowledged, shall be recorded in the recorder's office
of said county of Cook, and state of Illinois, and such
recording shall give to the record all the force, effect and
virtue that is by law given to records of town plats.
§ 12. All the property and eflfects of this association
shall be exempted from taxation.
§ 13. This shall be considered a public act, and sJiall
be construed beneficially for all purposes herein specified
or intended, to be in force fiom and after its passage.
Approved February 12, 1853.
553 1853.
AN A.CT fo incorporate the Burlincton Bridge Company. In force Peb. la.
Section 1. Be it enacted by tlie people of the state of
Illinois^ represented in the General Assembly^ That Julius
Manning, James W. Grimes, Abner C. Harding, Peter Corporatorii.
Sweat, Eleazer A. Paine, Rudolplius Rouse, John S. Pol-
lock and Harman G. Reynolds, and their associates, are
hereby created a body corporate and politic, by the name
and style of "The Peoria and Burlington Railroad Bridge Name.
Company," with power to build, maintain and use a rail-
road bridge over the Mississippi river, or that portion ofpowers.
said river within the jurisdiction of the state of Illinois,
at or near the city of Burlington, and in such manner
as shall not materially obstruct or interfere with the free
navigation of said river, and to connect by railroad or oth-
erwise such bridge with any railroad, either in the state of
Illinois or Iowa, terminating at or near such point; to unite
and consolidate their privileges and franchises with any
and all bridge or railroad companies in either of said
states; to fix the amount of capital stock; to divide, trans-
fer and increase the same; to borrow money, and pledge
or mortgage its property and franchises; to condemn ac-
cording to law property for the uses and purposes of said
company; to contract, bargain and agree with any such
railroad company or companies for and in the construction
and maintenance of such bridge; to sell or lease said bridge
or the use of the same, or the privileges of said company, to
any company or corporation, on such terms as they may
agree upon.
§ 2. This act to take effect and be in force from and
after its passage.
Approved February 12, 1853.
AN ACT to incorporate Knoxville College.
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Jissembly, That there
oe and hereby is created and established at Knoxville, in
the county of Knox, in this state, a collegiate seminary of
learning for the instruction of youth in the various branches
of science and literature, the uselul arts, and the learned
and foreign languages.
§ 2. That the said institution shall be called and known gjj.,^^
by the name and style of "Knoxville College."
§ 3. Jackson Dunlap, James W. Knox, Jason Duncan, corporatom
Eldred Runkle, George M. Ewing, William H. Whitton,
Rufus Miles, Miles Smith, Harman G. Reynolds, James
1853. 554
Knox Taylor, Julius Manning, William McMurtry and
Cephus Arms, are liereby constituted a body politic and
corporate, by the name and style of "Tlie Trustees of
Knoxville College," and by that name shall have perpetual
General powers.ig^gjjgggjQjj^ and a common seal, which seal they may alter
at pleasure ; may sue and be sued, plead and be impleaded,
with power to purchase, receive and hold, to them and their
successors forever, any 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 tiie said
college, and to lease, sell, rent, or otherwise dispose of the
same, in such manner as shall seem most conducive to the
advantage of said college ; to elect and em])loy such
president, professors, instructors and tutors, for the benefit
of said college, as they may deem necessary ; to select
and employ a treasurer, and such other officers, agents
and servants as they may see proper; to make, ordain,
establish and execute, or cause to be executed, all such by-
laws, niles and ordinances, not inconsistent with tlie con-
stitution and laws of the United States, or of this state, as
they may think necessary for the welfare of said college,
the good government of the professors, instructors, tutors
agents and students of the same, and generally to do all
acts necessary and proper to promote the welfare and
prosperty of said college.
§ 4. The president of said college, by and with the
Power ,<( trus- ■,. n • ^, i ii i i- ^- ^ •
t«os. advice ot said trustees, shall have power Irom time to time
to ordain, regulate and establish the course and mode of
instruction and education to be pursued in said college,
and together with such professors, instructors and tutors,
as the corporation may designate, shall be styled '"Tlie
Faculty of Knoxville College," and shall have power to
adopt and enforce such rules as may be deemed expedient
for the good government of the institution, which rules
and regulations shall not be inconsistent with the consti-
tution and laws of the United States, or of this state, nor
with the by-laws and ordinances of the corporation, and
shall remain in force until disaj)proved of by the trustees
present at any meeting, or a quorum of them, and no
longer.
§ 5. The said trustees shall have power to establish
•tudy. " departments for the study of any and all the learned and
liberal professions in the same, to confer such degrees as
are usually conferred in similar institutions in the United
States, in the learned arts and sciences. The said trus-
tees may also attach to said college an academical or pre-
paratory department, a female department, and a common
school department; and when said common school depart-
ment shall be in operation agreeably to the common school
565 1853.
their proportion of the township school, college and semi-
nary fund for such scholars as may attend the same : Pro-
vided^ that sucli scholars belong in the township where
said college is located.
§ 6 The trustees, or any five of them, shall have Literary aegr«e.
power and authority to meet at such times as they shall
think necessary, for the examination of any candidates for
literary degrees; and they are hereby authorized and em-
powered, uj)on recommendation of the faculty, to confer
sucli degrees on such persons as in their opinion shall
merit the same, in as ample a manner as any other similar
institution can do, and under their common seal to grant
testimonials thereof, signed by the faculty of the college.
The president of said college, while in office as such presi-
dent, shall be one of the trustees. The president or any
five of the trustees shall, at any time, form a quorum for
business, or in the absence of the president, six of the
trustees, of whom one shall be elected president joro tem-
port; and should there be at any meeting less than a quo-
rum, they shall have power of adjourning from time to
time until a quorum shall be had.
§ 7. The said trustees, or a quorum of them, shall
elect a treasurer (whom they may remove at pleasure,)
who shall give bond with approved security, payable to
the trustees by their name aforesaid, and their successors,
faithfully to discharge the duties of his said office, and
shall render an account of all moneys, goods and chattels
received and expended by him, on account of and
for the use of said college, and on failure or a refusal to
do so shall be subject to the like proceedings as are pre-
scribed by law in cases of county treasurers in this
state : ProtuV/er/, that no appropriation, payment or dis-
bursement shall, at any time, be made by the treasurer,
but such as shall be in pursuance of the directions or orders
of the trustees.
§ 8. The said trustees, or a full quorum of them, shall Remove presi-
have power to remove or suspend the president, or any of
the professors, instructors or tutors, at any time; and when
there shall be a vacancy in said board of trustees, occa-
sioned by death, removal, resignation, or refusal to act,
the remaining trustees, or a quorum of them, shall supply
the vacancy. Six shall constitute a quorum. The presi-
dent with the concurrence of two of the trustees, or any
three of the trustees, shall have power to call special meet-
ings of the board.
§ 9. Whenever any trustee shall absent himself for seat vacated,
three successive annual meetings of the board of trustees,
without assigning a sufficient reason at the fourth, the
trustees of the said college, or a quorum of them, shall
h:.ve power by entry on their minutes, to declare his seat
1853.
556
Aunual
jUgh.
vacant, and may elect a new trustee to supply such
vacancy.
§ 10. There shall be annual stated meetings of the
said trustees, to be held at such times as the trustees may
appoint : Provided^ that they shall have power to alter
such day as to them shall seem expedient from time to
time.
§ 11. That the said board of trustees shall never be
less than eleven, nor more than twenty in number; and the
said board of trustees from time to time, at any regular
meeting, may by appointment create additional trustees,
not exceeding in all the greater number specified in this
section.
Approved February 12, 1853.
\B force Feb. 12, AN ACT to incorporate the Kaskaskia River Navifi;ation Compatiy.
1863.
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly, That for
Corporators. the improvement of the Kaskaskia river, as also for the cer-
tain navigation thereof, Smith Moore, Benjamin Bond, Elias
S. Dennis and Thomas Keys, of Clinton county; Benjamin
W. Thompson and William Farmer, of Fayette county;
Louis Winter, Charles Dunbach and Aaron Land, of St.
Clair county; E. P. Rogers, C. H. Rittler and John Brickey,
of Monroe county; James Ralls, S. B. Adams and Joseph
Mattingly, of Randolph county, and Andrew Herryman, of
Washington county, and such other persons as they may
associate with them, be and they are hereby constituted a
body corporate, by the name and style of "The Kaskaskia
River Navigation Company," to have succession for the
period of twenty years from the first day of April, in the
year of our Lord one thousand eight hundred and fifty-three.
5 2. The said company or corporators, and such per-
sons as they may associate with them, and their successors
or assigns, shall have and enjoy the full and exclusive right
to the navigation of the Kaskaskia river, by crafts to be
propelled by steam or other power, for the period of twenty
years as aforesaid : Provided, said corporation shall, at
their corporate expense, cause the said Kaskaskia ri\er to
be iin))roved, either by dams and locks or otherwise, and
by taking from the bed of said river all drift wood and
other obstructions to the safe navigation thereof, and
by removing from the banks and \\\-i short elbows or
bends in said river the leaning and standing trees which
hinder and obstruct navigation : Provided^ also, that noth-
557 1853.
ing herein contained shall be so construed as to prevent
the use of said river to any person or dealer in produce
living adjacent thereto, who may desire the use of tlie wa-
ters thereof to float his surplus produce to market by means
of flat boats; but the same sliall remain free to be used by
8uch farmer or farmers in the manner in this proviso indi-
cated.
§ 3. Said corporators shall have the power to employ capiui.
all the capital or funds required to build, equip, furnish
witli hands and otherwise, as many water crafts, of such
size, form, make and character as they may find suited to
the carrying trade on said river, to be propelled by steam
or other power, and sliall have power to make contracts in
their corporate name, to carry the surplus products of the
country, and ail kinds and varieties of goods, wares and
merchandise, and, shall have power to sue for and recover
in any court in the state of Illinois having jurisdiction of
the amount of debt or damage claimed, and they may also
be sued in like manner in said courts by all persons hav-
ing claims against 6r being aggrieved by said corporation.
§ 4. Said corporators, and their successors or assigns, uaiutainactkni!.
may also have a right of action or actions against all per-
sons attempting or that may attempt to navigate said Kas-
kaskia river wtth any craft or crafts propelled by steam or
other power after the first day of April next, which action
shall be by suitor special action on the case, in which such
damages may be recovered by said incorporation as may
be just and reasonable for any infringement of tiieir corpo-
rate rights aforesaid.
§ 5. Said corporation shall have a common seal of such common «cai.
device as they may deem proper; shall have the right to
alter or change the same at pleasure. All the corporate
powers of said company shall be vested in and exercised
by a board of directors, to consist of seven in number, and
such other officers, agents and servants as they shall ap-
point. The first board of directors shall consist of G. W. F"st board of di
Billings, Joseph B. Holmes, G. W. Staley, Samuel B. Ad-
ams, Jacob Knoeble, P. P. Hamilton and William C. Kin-
ney, who shall hold their offices until their successors are
elected and qualified. Vacancies in the board may be filled
by vote of two-thirds of the directors remaining — such ap-
pointees to continue in oflSce until the next regular elec-
tion of directors is held, and which said election shall be
held on the first Monday of April, one thousand eight hun-
dred and fifty-five, and biennially thereafter, at the office
of the company, due notice thereof being given by publi-
cation in a newspaper published in Chester, Belleville or
Sparta. Said board of directors shall have the manage-
ment of the affairs of said corporation, and are hereby ves-
ted with power to make all by-laws necessary for the man-
Reserve ol' state.
1853. 558
agement of the affairs of the company not inconsistent with
tiie constitution or laws of this state or of the United States.
V The board of directors shall also have power to appoint
such under agents at such times and in such manner as the
by-laws to be adopted by them may provide.
§ 6. The corporation hereby created shall be and they
'1. are hereby bound by their corporate name at all times to
keep on hand and in use, whenever there is water to be
found sufficient for that purpose, a sufficient number of
light and substantial water crafts, provided with all the
machinery necessary to their being propelled by steam, and
such other craft as may be necessary to carry off to mar-
ket the surplus products of the country seeking a market
through said channel, on pain of forfeiture of all corporate
rights hereby granted, to be determined by writ of quo
warranto^ to be issued in the name of the people of the state
of Illinois, on the relation of any citizen of the state, from
the clerk's office of the circuit court of either of the coun-
ties of Randolph, Monroe, St. Clair, Washington, Clinton
or Fayette.
§ 7. The state of Illinois hereby reserves to itself the
right to purchase from the said company all and singular
the said works and improvements of said company, on the
payment to them of the full amount of their expenditures, of
whatever kind, with interest thereon at a rate of seven per
centum per annum.
§ 8. This act shall take effect from and after its passage.
Approved February 8, 1853.
In force Feb. 12, ^N ACT to build abridge across the Illinois river, at the town of La Salle.
. 1853.
Skction 1. Be it enacted by the jjeopk of the state of
Illinois, re'presented in the General Assembly, That Isaac
Corporators. Hardy, George Barnett, Alex. Campbell, Acfam Johnston,
Champlin R. Potter, Charles Todd and Andrew J. West,
their heirs and assigns, be authorized to build a bridge
across the Illinois river, at or near the point wiiere the
Illinois Central Railroad crosses the Illinois river, near the
town of La Salle : Provided, said bridge shall in nowise
interfere with the navigation of said river: And provided,
further, that said company shall construct a draw in said
bridge sufficient to open a space in said bridge not less
than eighty feet in width.
Time for con- § 2. The Said Isaac Hardy, George Barnett, Alex.
.truoHon. Campbell, Adam Jolmston, Champlin R. Potter, Charles
Todd and Andrew J. West, their heirs and assigns, shall
559 1863.
commence the said bridge within two years, and complete
the same witliin four years after the passage of this act.
§ 3. The said Isaac Hardy, George Barnett, Alex. Toii-gate.
Campbell, Adam Johnston, Champlin R. Potter, Charles
Todd and Andrew J. West, their heirs and assigns, are
hereby authorized, after the completion of the said bridge,
to place a toll-gate at either end of said bridge, when
they and their heirs and assigns may demand and collect
ol every person passing said bridge the following rates of
toll, to wit : for each two horse wagon or carriage drawn
by two horses, mules, asses or oxen, twenty-five cents ;
for each additional horse, mule, ass or ox, attached to such
wagon or carriage, five cents; for each one horse wagon,
carriage or cart, fifteen cents ; for each man and horse,
ten cents ; for each iiead of hogs or sheep under fifteen in
number, one cent each, and for all over fifteen in number,
one-half cent each ; for each head of horses, mules, asses
or cattle, under fifteen in number, three cents each, and
for all over fifteen in number, two cents each ; and for
each foot passenger, three cents.
§ 4. The said Isaac Hardy, George Barnett, Alex- Good repair,
ander Campbell, Adam Johnston, Champlin R. Potter,
Charles Todd and Andrew J. West, their heirs and assigns,
shall at all times after the completion of said bridge keep
the same in good rf*pair, and allow a speedy passage : Pro-
vided^ that destruction of the same by fire, or water, or
other casualty, shall not work a forfeiture of this charter,
but the same shall be rebuilt or repaired as soon as prac-
ticable tliereafter.
§ 5. If any person shall wilfully do or cause to beiujury.
done any injury to said bridge, the person or persons so
oftending shall forfeit and pay to the proprietors of the
same, three times the amount of such injury, to be recov-
ered before any justice of the peace or other court having
jurisdiction of the same.
§ 6. The said bridge shall be deemed a public high way Deemed pubi
within the meaning of the laws providing for the punish- ^^'s^^^^i-
ment of persons injurying obstructing or destroying pub-
lic highways or bridges, in any manner or by any means
whatever.
§ 7. Every person crossing said bridge with any beast penalty,
faster than a walk shall forfeit five dollars to the proprie-
tors thereof, to be recovered before any justice of the peace,
or other court having jurisdiction of the same.
§ 8. The said Isaac Hardy, George Barnett, Alexan- Erect houses,
der G^ampbell, Adam Johnston, Champlin R. Potter, Charles
Todd and Andrew J. West, their heirs and assigns, shall
have the right to erect a suitable house at either end of
said bridge, for the convenience of a collector of tolls or
1853.
560
agent : Provided^ the same shall not interfere with the
travel to and from said bridge.
§ 9. This act may be altered, amended or repealed,
whenever in the opinion of the general assembly the public
good may require.
Approved February 12, 1853.
lo force Feb. 12,
AN ACT to incorporate the Union Coal an<i Iron Company.
Organization
iwmpany.
Section 1. Be it enacted by the people of the state of
Illinuis, represented in the General Idssembly^ That S. F.
J. Trabue, George H. Monsarrat and Walter W. Stapp,
their associates, successors and assigns, be and they are
hereby constituted a body corporate and politic, by the
name, style and title of "The Union Coal and Iron Com-
pany," for the term of one hundred years, with power to
contract and be contracted with, sue and be sued, in that
name, in all courts and places ; to have a common seal; to
engage in the mining of coal, iron, salt and other min-
erals, and in the manufacture and sale of salt, iron, lime
and other products of lands now owned or hereafter to be
owned by them, and other articles and commodities, and
in the transportation of the same, or any of them, to home
or foreign markets ; to hold their meetings within or with-
out the state, and to have all powers needful for. the suc-
cessful prosecution of their business, and for the execution
of the powers herein granted.
of [§ 2.] ThatsaidS.F. J. Trabue, George H. Monsarrat
and Waiter W. Stapp sliall have power to organize said
company, by the appointment of a president and such other
officers or managers as they may deem necessary, at such
time and place as they may designate by notice previously,
given ; and wiien thus organized, they and their successors
shall have power to make such by-laws, rules and regula-
tions as they may deem necessary from time to time, for
the government and the management and the prosecution
of tlie business of said company, not inconsistent with the
constitution and laws of this state and the United States.
[§ 3.] The capital stock of said company shall be three
hundred thousand dollars, with power to increase the same
to any sura not exceeding one million of dollars.
[§ 4.] The said company may buy, build and own boats
for the carrying on their business, and may dispose of their
property, or any portion of it, by sale or otherwise. They
may receive real estate in payment of such part of the sub-
scription as they may deem advisable, and shall have the
561 1853.
right to hold, either by purchase or otherwise, such real
estate, mining rights and rights of way as may be thought
necessary by them for the successful prosecution of their
business, and the same, or any part thereof, to sell or oth-
erwise dispose of, as the interest of the company may
require.
[§ 5.] That it shall be lawful for the president and man- Borrow mono,.
agers of said company, from time to time, and at all times,
to borrow and obtain, on loans, such sums of money and on
such terms as they may deem expedient, for the use of said
company, and to pledge or mortgage all or any part of the
^states, improvements, privileges, eftects and assets what-
soever of the said company, for the repayment of said sums
of money so borrowed, at such times as may be agreed
upon.
[§ 6.] That said company shall have, possess and enjoy Privileges.
all the powers, rights, privileges and immunities heretofore
conferred by law, in this state, upon any other company
chartered for similar purposes.
[§ 7. J That this act shall not be so construed as to in- Not to interfere
fringe or interfere with any of the rights or privileges of v^^ieT"'"""
any other incorporated coal company in this state. This
act shall take effect from and after its passage.
Approved F'ebruary 12, 1853.
^^.uPJ ^° provide for the building of side-walks, and the levying and Inforce-Feb.
collecting of taxes for that purpose in the town of Wilmington, in Will 1853.
county. ° '
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly, That it shall
be lawful for the legal voters residing on any street in the Tax.
town of Wilmington, in Will county, to hold a meeting or
meetmgs at such time and place as may be hereafter desig-
nated, tor the purpose of voting for or against the levying
a tax on the real estate adjoining such street, for the pur-
pose of building a side-walk or walks thereon.
§ 2. Notice of such meeting shall be given at least ten Notice.
days previous, by posting up written or printed notices in
three public places on the street whereon side-walk or
walks is or are proposed to be built, or by inserting the
same two weeks successively, previous to said meeting, in
some public newspaper published in said town. Said notice
shall state the time and place at which said meeting will
be held, and the purpose for which the same is to be held,
and shall be signed by at least three of the legal voters
residing on such street.
[L2]
1853.
Chnase officers.
Record of
cecdings.
562
§ 3. The persons attending such meeting shall choose
a chairman and secretary from their number; estimates may
be made of the amount necessary for the building of said
proposed walk or walks, and the meeting shall determine
by vote the amount of money if any that shall be raised
by tax for the building of such walk or walks; the meet-
ing shall determine that part of the street and what street,
and whether on one or both sides of the same said walk
shall be built, and what kind of walk or walks shall be
built, and if a majority of the voters at said meeting shall
vote for the levying a tax, the same shall be levied to the
amount voted on each lot or width of land on such street,
and if a majority shall vote against such tax, the same
shall not be levied. If such tax shall be voted as afore-
said, it shall be levied on the real estate adjoining the walk
proposed to be built, and on no other property. Said tax
shall be levied on such lot or part of lot or tract of land
along which said walk is to be built, in proportion to the
whole number of feet adjoining to said walk, and a suffi-
cient amount of tax shall be levied on each corner lot to <
build a walk to the centre of the street from such corner:
Provided, that where good side-walks are now made, if
any there are, of either stone, wood or brick, opposite and
along any lot or part of lot, such lot or part of lot shall be
exempt from taxation to the extent of such walk, until
such walk shall need rebuilding or repairing.
§ 4. Said meeting may choose a committee of three to
superintend and see that said walk or walks is or are built,
and said committee when chosen shall have full power to
contract for the building of the same, and to keep the
same in repair, and to remove or cause to be removed
obstructions, to receive all moneys collected for the pur-
pose of building such walk or walks, and to do all things
necessary for the building or completion of the same.
Said side-walks shall not be less than three nor more than
ten feet wide.
§ 5. A full and true record of all the proceedings of
° such meeting shall be kept and signed by the chairman and
secretary, and filed with the clerk of the county court
within twenty days after such meeting shall be held, audit
shall be the duty of the clerk to keep and preserve the
same with the documents and records in his office, and
said clerk shall forthwith make out a list of such taxes,
and shall carry out and set down the same in a separate
and distinct column of the tax book for said town of Wil-
mington, and the same shall be collected by the collector
in all respects, and in the same manner provided by law
for the collection of other taxes; and in case of delinquen-
cies, the said lots or parts of lots or tracts of land may be
proceeded against and sold in the same manner as they
563 1853.
might be for state or county taxes, and the collector shall
be responsible upon his bond as collector for such side-
walk tax, and he shall pay the said taxes over to the proper
committee or other order, as the money is collected, re-
taining his fees for collecting the same.
This act shall be in force from and after its passage.
Approved February 11, 1853.
AN ACT to authorize James H. Hanchett and his associates to build a toll- In force Feb. 8,
bridge across Rock River, in the town of Roscoe, Winnebago county, 1863.
Illinois.
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly, That James
H. Hanchett and his associates, and his and their heirs and Buudbrwgp.
assigns, be and they are hereby authorized to build a toll-
bridge across Rock River, in the town of Roscoe, on or
near the line between townships forty-five and forty-six
north.
§ 2. The Sfiid James H. Hanchett and his associates,
their heirs and assigns, shall commence the said bridge
within nine months, and complete the same within twenty
months after the passage of this act.
§ 3. The said James H. Hanchett and his associates, Tou-gatf.
their heirs and assigns, are hereby authorized, after the
completion of said bridge, tcf place a toll-gate at either end
of said bridge, where he and they, and their heirs and as-
signs, may demand toll of any and every person crossing
said bridge : Provided, that the rates of toll for crossing
said bridge shall never exceed the following rates, to wit :
For each head of swine or sheep, one and a half cents ; for
each head of neat cattle, three cents ; for each head of hor-
ses, mules or asses, not in harness, four cents ; for each one
horse wagon or carriage, fifteen cents ; and for each two
horse wagon, drawn by two animals, twenty-five cents ;
and for each additional animal drawing such wagon, cart
or sleigh, five cents ; for one horse and rider, ten cents,
and for each foot passenger, five cents.
§ 4. After the expiration of ten years from the comple- q^^^^ purchaje
tion of said bridge, any person or persons, the town of bridse.
Roscoe or the county of Winnebago, may purchase said
bridge and its charter for the purpose of making it a free
bridge, by paying in money, on appraisal by three disinter-
ested men : each party to choose one of said appraisers,
which two shall choose the third appraiser.
§ 5. The said James H. Hanchett and his associates,
and their heirs and assigns, shall have the right to erect a
185B. 564
suitable house at either end of said bridge, for the conveni-
ence of the collector of tolls: Provided, the same shall
not interfere with the travel to and from said road.
Keepin repair. § 6. The Said James H. Hanchett and his associates,
their heirs and assigns, shall at all times, after the comple-
tion of said bridge, keep the same in good repair, and al-
low a speedy passage ; and if at any time the said bridge
shall be out of repair so as to be impassable for the space
of six months at any one time, the same shall become the
property of the town of Roscoe : Provided, that the de-
struction of the same by fire or water or other casualty
shall not work such forfeiture, but the same shall be rebuilt
or repaired as soon as practicable thereafter: And i^rovi-
ded further^ that if any person, in crossing said bridge,
shall sustain any injury or damage, either to himself or in
his property, in consequence of said bridge not being kept
in good repair, the proprietor or proprietors thereof shall
be responsible for the same in their private property.
i'unisto«iit of § 7. Any person crossing said bridge with any beast,
otrenders. carriage or other vehicle in a faster gait than a walk, shall,
for every sucii offence, be subject to a fine of five dollars,
to be recovered before any justice of the peace in an ac-
tion of debt: Provided, that notice of the same shall be
put in large capitals at each end of the bridge.
§ 8. If at any time Rock River shall be made naviga-
ble by the erection of locks in the dams above and below
said bridge, then shall the proprietors cause a draw to be
made in said bridge, so that said bridge shall not obstruct
the navigation of said river. *
§ 9. No ferry or toll-bridge shall be allowed or estab-
lished within two miles of the place where said bridge is
authorized to be built.
Approved February 8, 1853.
m force Feb. H, AN ACT to incorporats Scott Lodge, No. 79.
1853.
Section 1. Be it enacted by the peoi^le of the state of
Illinois, represented in the General Assembly, That all
such persons as are or may hereafter become, and shall so
remain members of Scott Lodge, No. 79, of Free and
Accepted Masons, at Carlyle, Clinton county, from and
after the passage of this act, shall be and they are hereby
constituted a body corporate and politic, by the name and
style of "Scott Lodge, No. 79, of Free and Accepted Ma-
N«n.ean « ^ «' ^^^^^j, ^^^ ^^ ^j^^^ ^^^^ tj^gy ^nd their successors shall
have succession, and shall in law be capable of suing and
565 1853.
being sued, pleading and being impleaded, answering and
being answered unto, in all courts of law and equity what-
soever, and by that name and style be capable of pur-
chasing and receiving, by gift or otherwise, holding and
conveying, real estate for the benefit of said lodge : Pro-
vided., that said corporation shall not at any one time hold
property to an amount exceeding ten thousand dollars.
§ 2. For tlie purpose of carrying into effect the objects Trustee;'.
of this act, the three highest officers of said lodge shall
always be and are hereby appointed trustees, to hold their
offices as such in said lodge as appointed by said lodge,
and qualified from time to time.
§ 3. The said corporation shall have power to make By-iaws.
such by-laws and regulations as maybe deemed necessary
for the government of their concerns, and for the purchase
and transfer of real estate.
§ 4. A certificate, under the seal of said corporation,
that the said lodge has been duly organized, recorded in
the office of the circuit court, shall be evidence of the
existence and organization of said lodge.
Approved February 12, 1853.
AN ACT to legalize the incorporation of the city of Rockford, and amend In force Feb. %
the charter of said city. 1S53.
Section 1. Be it enacted by the people of the atate of
Illinois, rejiresented in the General Assemhly., That the
incorporation of Rockford, in Winnebago county, as a city. Legalized.
on the third day of January, in the' year one thousand
eight hundred and fifty-two, in pursuance of the provisions
of the fifth section of an act entitled "An act to incorpo-
rate towns and cities," and approved February tenth, one
thousand eight hundred and forty-nine, be and the same
is hereby legalized, and said city declared duly incorpo-
rated, under the provisions of the aforesaid act, by the
name and style of "The City of Rockford."
§ 2. That all official acts of the city council and of the Act legaiizeci.
mayor, or either of them, of said city, done or performed
since their election as such, and prior to the period this
act shall take effect, and which would have been valid in
case the original incorporation as a city had been legal, be
and the same is hereby legalized.
§ 3. That the corporation limits of said city of Rock- Limits extended.
ford be and the same are hereby extended so as to em-
brace all that district of country in said county of Winne-
bago included within the following bounds, to wit, com-
mencing at a point one and one-fourth miles north of the
1858.
5t)6
point of intersection of the middle line of Rock river,
with the middle line of State street in said city, on the
east side of said river, projected thereto ; thence east one
and one-fourth miles; thence west two and one-half miles ;
thence north two and one-half miles ; thence east one and
one-fourth miles, to the place of beginning.
§ 4. That the city council of said city shall have power
and authority to exempt from taxation, for ordinary city
purposes, such piece or parcels of land within the city
limits exceeding in quantity ten acres each, and used ex-
clusively for farming purposes, or unimproved, as said city
council shall deem just and proper.
§ 5. That the city council shall have the power and
authority to appoint or provide for the election, by the legal
votes of said city, of one or more officers, besides the mar-
shal of said city, who shall hold their offices for one year,
and shall be authorized to serve any writ or process issued
by the mayor, and shall have the same power and authority
in and be entitled to the same fees for the service of pro-
cess as allowed constables performing like services in this
state.
§ 6. This act is hereby declared to be a public act,
and may be read in all courts of law and equity in this
state without proof. This act to take effect from and after
its passage.
Approved February 8, 1853.
, AN ACT granting additional powers to the City of Belleville.
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Jlssemhly , That the city
council of the city of Belleville shall be and they are hereby
authorized, for the purpose of grading, macadamizing and
planking the streets of tiie city of Belleville, to issue their
bonds, bearing interest at a rate not exceeding seven per
cent., to any amount, the interest thereou not to exceed,
in the aggregate, one-half of the city revenue arising from
taxes assessed on real estate within the corporation : Pro-
vided., that no bond bearing interest shall be issued of a less
denomination than fifty dollars, nor shall any bond be made
payable at a greater distance of time than five years from
the date of said bonds, and the interest thereon to be paid
annually.
§ 2. The city council of the city of Belleville shall have
power and authority to purchase, erect, maintain and reg-
ulate, and otherwise provide poor houses, and work houses,
567 1853.
and houses of correction, and appoint the necessary officers
for the government of the same.
§ 3. That whenever a work house shall be erected and Commitoiron
organized in accordance with the provisions of section two '^"^"''''^''"
of this act, the city council of the city of Belleville may,
by ordinance, provide that any person who shall fail or
neglect to pay any fine or costs imposed on him or her by
any ordinance of said city, for any violation or breach
thereof, may, instead of being committed to jail, be com-
mitted to the work house until such fine and costs are fully
paid ; and every person so committed to the work house
shall be required to work for the city at such labor as his
or her health and strength will permit, within or without
said work house, not exceeding ten hours each day, Sun-
days excepted ; and for such work and labor the person so
employed shall be allowed, including his or her board, sev-
enty-five cents per day for each day's work; which amount
shall go towards paying such fine and costs.
§ 4. The city marshal may serve any process issued
under and by virtue of the charter and ordinances of the city
of Belleville, at any place within the county of St. Clair.
§ 5. That the city of Belleville in adopting, under and ^''"'^ ^'pp''*''-
by virtue of the "Act to incorporate towns and cities,"
approved February lOth, 1849, the charter of the citj' of
Springfield, adopted the original charter, entitled "An act
to incorporate the city of Springfield," approved February
3d, 1840; tiiat none of the acts amendatory of the charter
of the city of Springfield shall apply to or be considered
as forming any part of the charter of the city of Belleville.
That said city of Belleville shall have and possess all the
rights and powers specified in said original charter, and
such as are given by an act entitled "An act to legalize the
incorporation of the city of Belleville, and the official acts
of the city council of said city, and to empower said city
to borrow money at a rate of interest not exceeding ten
per cent, per annum," approved February 13th, 1851 :
Provided^ the same do not conflict with the constitution or
laws of this state now in force. This act shall be in force
from and after its passage.
Approved February 10, 1853.
AN ACT to build a plank road from Centreville to Illinoistown, in St. ^n force Feb. 12-
Clair county. *''^^-
Section 1. Be U enacted hy the people of the state of
Illinois, represented in the General Assemhly, Tj;iat a cor-
poration shall be established I)y the name and style of "The style.
Centreville and Illinoistown Plank Road Company."
1853.
568
§ 2. Said company shall have perpetual succession,
sue and be sued, and have all the powers of a corporation
under the principles of the common law.
§ 3. The stock of said company shall consist of forty
thousand dollars, in shares of fifty dollars each. James
Nimrick, PeterDunn, Henry Ames, Jolin Daum, Henry Lei-
ber, Joseph Abend, James Glass, Koons, Henry Hinck-
ler and Amos Thompson, commissioners, or a majority of
them, shall meet in Centreville, in said county, some con-
venient time after the passage of this act, and open books
for the subscription of stock to said company; whenever
forty shares of stock are subscribed, and five per cent,
thereof paid in, the said commissioners are hereby author-
ized to call a meeting of the stockholders, who shall or-
ganize said company by electing a president, treasurer and
other officers, who shall remain in office one year, and
until said stockholders elect others, which they are hereby
required to do each and every year.
§ 4. Said company are hereby authorized to build a
plank road, with double or single tracks, from Centreville
to Illinoistown, and to establish a reasonable toll for the
use of said road, not to exceed, for a two horse wagon,
five cents per mile, and other travel in proportion. Said
company may erect toll-gates at any point on said road,
and collect the toll and five dollars for tlie non-payment
thereof, before any justice of the peace of the county.
Said company may charge toll on any mile or miles of said
road as said road may be completed.
§ 5. Said company shall have power to enter on and
occupy for the use of said road any land on which to build
said road, and use the timber and material «^*oining thereto,
by paying a fair price for the same, and if the parties can-
not agree on the price, either party may apply to the laws
of the state contained in the Revised Code on the subject
of the "right of way," and such other laws as are enacted
in the case of railroads and plank roads in this state, which
said laws are hereby declared available under this act,
when they are applicable.
§ 6. Said company are hereby authorized to make by-
laws for the transaction of the business of said company,
not inconsistent with the laws of this state. Said company
are hereby empowered, also, to make contracts, or the time
to pay stock, purchase and hold land or lots sufficient, and
no more, on which to erect toll-houses and other buildings
for the accommodation of said road.
§ 7. The provisions of this act may be embraced by
any plank road company which may hereafter be estab-
lished in St. Clair county, under the general plank road
law, which provisions may be applicable to said roads as
to toll and other matters.
569 1853.
§ 8. After the expiration of twenty years from the Right to
passage of this act, the county of St. Clair, or the state of '""''**
Illinois, shall have the privilege to purchase this said plank
road at the original cost, and make it a free road. All
acts and parts of acts coming within the purview and
meaning of this act, are hereby repealed; and this act to
take effect and be in force from and after its passage.
Approved February 12, 1853.
AN ACT to incorporate the Toulon Lodge, No. 93. In force Feb. 10,
1853.
Section 1. Be it enacted hy the people of the state of
Illinois ^represented in the General Assembly^ That William
W. Drummond, Thomas J. Henderson, William F. Thomas,
Samuel Thomas, 2d, Owen Maxfield, William Rose, Jo-
seph M. Halstead, Bushwell Jopp, Alexander Moncreif, and
all other persons that are now and may hereafter become
and remain members of Toulon Lodge, No. 93, of Free and
Accepted Masons, at Toulon, Stark county, Illinois, from
and after the passage of this act, shall be and they are
hereby constituted a body corporate and politic, by the
name and style of "Toulon Lodge, No. 93, of Free and Ac- Name and styi..
cepted Masons," and by that name they and their succes-
sors shall have succession, and shall, in law, be capable of General power*.
suing and being sued, pleading and being impleaded, an-
swering and being answered unto, in all courts of law and
equity whatsoeverj and by that name and style be cap ble
of purchasing and receiving, by gift or otherwise, holding
and conveying, real estate for the benefit of said lodge :
Provided^ that said corporation shall not, at any time, hold
property to an amount exceeding ten thousand dollars.
§ 2. For the purpose of carrying into effect the object
of this act, the master and wardens, being the three high-
est officers of said lodge, shall always be and are hereby
appointed trustees, to hold their offices as such in said
lodge as appointed by said lodge and qualified from time
to time.
§ 3. The said corporation shall have power to make
such by-laws and regulations as may be deemed necessary
for the government of their concerns, and for the purchase
and transfer of real estate.
§ 4. A certificate, under the seal of the three highest
officers, and attested by the secretary of said lodge, that
said lodge has been duly organized, recorded in the recor-
der's office of said county, shall be evidence of the exist-
ence and organization of said lodge.
Approved February 10, 1853.
1853. §70
In force Feb. 10, AN ACT to incorporate the Whitehall Lodge, No. 80.
Section 1. Be it enacted by the people of the state of
Illinois^ represented in the General Assembly, Tliat all
such persons as are or may hereafter become and shall so
remain members of Whitehall Lodge, No. 80, of Free and
Accepted Masons, at Whitehall, Greene county, Illinois,
from and after the passage of this act, shall be and they
are hereby constituted a body corporate and politic, by the
Name and style, name and style of "Whitehall Lodge, No. 80, of Free and
Accepted Masons," and by that name they and their suc-
cessors shall have succession, and shall in law be capable
of suing and being sued, pleading and being impleaded,
answering and being answered unto, in all courts of law
and equity whatsoever, and by that name and style be
capable of purchasing and receiving, by gift or otherwise,
holding or conveying, real estate, for the benefit of said
lodge : Provided, that said corporation shall not at any
one time hold property to an amount exceeding ten thou-
sand dollars.
Trustees. § 2. For the purpose of carrying into effect the ob-
jects of this act, the three highest officers of said lodge
shall always be and are hereby appointed trustees, to hold
their offices as such in said lodge as appointed by said
lodge, and qualified from time to time.
By-laws. § 3. The said corporation shall have power to mak
such by-laws and regulations as may be deemed necessa:
for the government of their concerns, and for the purchasi
and transfer of real estate.
Proof Of organi- § 4. A Certificate, under the seal of said corporatio:
that the said lodge has been duly organized, recorded irf
the office of the clerk of the circuit court, shall be evi-
dence of the existence and organization of said lodge.
§ 5. All the provisions of this act shall apply as well
to Hardin Lodge, No. 44, of Free and Accepted Masons,
as to Whitehall Lodge, No. 80.
§ 6. This act to be in force from and after its passage.
Approved February 10, 1853.
In force Feb. 12, AN ACT to amend an act to amend the charter of the city of Pekin.
1858.
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly, That the
Bniid road, &c. pj[|.y of Pekin is hereby authorized to build and construct an
embankment and plank road across the Illinois river bottom,
opposite said city, and that the right of way over all lands
belonging to the state of Illinois be and is hereby granted
to said city of Pekin for the use of said road, one hundred
iIQ
id
i
571 1853.
feet in width, on such route as shall be adopted-for said
road.
§ 2. That the city of Pekin is hereby authorized to Application
apply any money or moneys which she may have at her '""'^*'^^"
control for the purpose of building said road ; that she
may contract with any person or persons to construct said
road, and have the entire control of the same when com-
pleted, to make such rules and regulations for the manage-
ment and preservation of the same, not contrary to the
laws of Illinois, as said city shall deem best.
§ 3. That the city of Pekin is hereby authorized to Tai^e stock.
subscribe and take stock in any rail or plank roads leading
to and from the said city, not exceeding in all the sum of
one hundred thousand dollars ; and that the said city be
authorized to borrow such sum or sums of money as may
be so subscribed, and issue her bonds for the payment of
the same.
§ 4. That said city of Pekin is hereby authorized to
levy such tax on the taxable property of said city as shall
be sufficient to pay all interest as it accrues on any bonds
she may issue for the above purpose.
§ 5. This act to be in force from and after its passage.
Approved February 12, 1853.
AN ACT further to amend an act entitled "An act to incorporate thecityof infor^Feb. 12,
Alton/' approved July 2lBt, 1837. ^^•
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly, That so
much of the 8th section of the act amendatory of the act R«peaied.
entitled "An act to amend the charter of the city of Alton,"
approved February 23d, 1847, which repeals so much of
the third section of the act approved July 21st, 1837,
which makes elective by the people one collector, three
assessors and one city constable, be and the same is here-
by repealed, and that the third section of the act approved
July 21st, 1837, is hereby reenacted, and shall be in full Reenactea.
force and effect.
§ 2. That there shall be elected by the people annually officers.
one city attorney, one harbor master, whose duties shall
be defined by the common council of said city of Alton.
§ 3. The city i Alton are hereby declared to have and Keenacted.
possess all the j^ vers and authority which was taken from
said city by thr .ct of the general assembly of the state of
Illinois, apjprc A February the first, 1851, entitled "An act
to prohibit * a retailing of intoxicating drinks :" Provided,
1863.
572
that no license shall be issued for a less sura than one hun-
dred dollars.
§ 4. This act to take effect and be in force from and
after its passage.
Approved February 12, 1853.
lu force Feb. 12, AN ACT to amend the act incorporatine: the town of Ottawa, approved
1853. July 21, 1837. ^^
Section 1. Be it enacted by the j^^ople of the state of
Illinois^ represented in the General Assembly^ That it shall
Proof. j^Q^ ]jg necessary, in any of the proceedings in any of the
courts of this state, where the acts and doings of the cor-
porate authorities of the town of Ottawa, or of any of its of-
ficers, may come before the court, to prove the organiza-
tion or incorporation of said town, but the same shall be
taken and considered as properly and legally organized and
incorporated ; nor shall it be necessary to prove the publi-
cation of any of the ordinances of said town, but the same
shall be held valid and effectual without proof of the publi-
cation : Provided^ this shall not dispense with the require-
ments to publish the same as directed by law.
vasations. § 2. That when the corporate authorities of said town
shall vacate any street or part of street, lane or alley, in
said town, the owner or owners of the lots or land next to
and adjoining the same shall have the prior right to pur-
chase or lease the same of said town, at a price to be as-
certained by three appraisers, one chosen by the said town,
and one by the person or persons owning the adjoining lots
or land, and the other by the two thus chosen : Provided,
such purchase or leasing is done within six months from
such vacation.
Deeds &c § ^* ^11 deeds and leases which have been or may here-
after be made by said corporation or its officers shall be
prima facie evidence of the regularity of all the proceed-
ings necessary or proper to authorize the execution of such
deeds or leases.
§ 4. This act shall take effect and be in force from and
after its passage.
Approved February 12, 1853.
573 1853.
AN ACT to amend an act entitled "An act to incorporate the Mississippi in fwce Feb. a,
and Rock River Junction Railroad Company." '^3-
Section 1 . Be if enacted by the people of the state of Illi-
nois, represented in the General t/9sseinbli/% That section
two of said act be and the same is hereby so amended thati^^astorntormina-
the said company are authorized to make the eastern ter-
mination of said road on either the north or south side of
Rock river, as they may deem most expedient, and connect
the same with the said Illinois Central Railroad, at or near
the town of Dixon.
This act to take effect and be in force from and after its
passage.
Approved February 8, 1853.
AN ACT to amend "An act to incorporate the Shawneetown and Equality In force Jan. 29,
Plank Road Company," approved June 21, 1852. '^°^-
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly, That the
charter to incorporate the Shawneetown and Equality Amen^iment.
Plank Road Qompany, passed and approved June 21st,
1852, be and the same is hereby so amended as to authorize
the said Shawneetown and Equality Plank Road Company
to plank, gravel or macadamize, as said company may
deem best, a certain road mentioned in the act to which
this is an amendment.
This act to take effect from and after its passage.
Approved January 27, 1853.
AN ACT to amend an act entitled "An act to incorporate the St. Clairln force Feb. il
Turnpike Road Company." i^^^-
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly, That section
eight of an act passed by the general assembly of 1847, toii.
incorporating the St. Clair County Turnpike Company, be
so amended and construed to authorize said company to
demand and collect the same rates of toll from coal wagons,
drawn by horses or mules, as they are authorized to col-
lect from coal wagons drawn by oxen.
§ 2. That whenever any vacancy shall take place in vacancy iu tow;
the board of directors by resignation, death or otherwise, . "f ^"rector*.
the remaining directors shall have power to fill said va-
cancy by appointing any stockholder to said company, who
shall hold his office until the next regular election.
1853. 674
c-atate. § 3. The St. Clair County Turnpike Company are
hereby authorized and empowered to acquire by purchase
and hold and again sell any quantity of land, not exceed-
ing fifty acres, for the purpose of quarrying rock and
carrying on the road.
This act to take effect from and after its passage.
Approved February 11, 1853.
force Feb. 11, AN ACT to increase the capital stock and farther amend the charter of
the Chicago and Mississippi Railroad Company.
Increase capital
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly, That the
Chicago and Mississippi Railroad Company, incorporated
by an act entitled "An act to construct a railroad from Al-
ton, in Madison county, to Springfield, in Sangamon county,
approved February 29, 1847, and the acts amendatory,
approved January 29th, and February 11th, 1851, and
June 19th, 1852, be and are hereby authorized to increase
their capital stock to such sum, not exceeding eight mil-
lions dollars, as may be deemed necessary to carry out,
maintain and execute the duties and powers contained in
their original act of incorporation and'the acts amendatory
of the same.
§ 2. This act to take effect and be in force from and
after its passage.
Approved February 11, 1853.
Ill force Feb. 12, AN ACT to amend "An act to incorporate the town of Canton," approved
^^3. February 8, 1849.
Be it enacted by tht people of the state of Illinois, rep-
resented in the General Assembly, That the act incorpo-
^iteration^. rating sftid "town" of Canton be amended, by repealing the
word "tovs^n" wherever it occurs in said "town" charter and
insert the word "city" in the place thereof; also repeal the
word "president" wherever it occurs in the said town char-
ter, and substitute the word "mayor" in the place thereof.
Amend the aforesaid charter by adding to the 40th section,
"within two miles of the centre of the said city of Canton ;"
575 1853.
amend further by repealing the words "town constable" and
substitute the words "pity marshal" in said charter wherev-
er it [they occur] occurs.
§ 2. This act shall be in force from and after its
passage.
Approved February 12, 1853.
AN ACT to amend "An act to incorporate the colleges therein named," passed in force Feb. 12,
19th February, 1835. 1853.
Whereas the trustees of Illinois College have petitioned Preamwe,
the general assembly to amend the act entitled "An act to
incorporate the colleges therein named," so as to consti-
tute the governor and secretary of state of this state, to-
ge.ther with the senator who shall represent in the sen-
ate of this state the district of which Morgan county
shall constitute a part, shall ex officio be trustees of said
college ; and that hereafter seven trustees shall be a
quorum to transact business — therefore.
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly, That the
governor of the state of Illinois, the secretary of state and Trustees.
the senator who shall represent the district of which Mor-
gan county shall constitute a part, shall ex officio be trus-
tees of said college ; and that hereafter seven trustees shall
constitute a quorum to transact business.
Approved February 12, 1853.
AN ACT to incorporate the Mississippi Railroad Bridge Company. in force Feb.
1853.
Section 1. Be it enacted by the peojjle oj the state of
Illinois, represented in the General Assembly, That James
McClay, Royal Jacobs, Allen Slacke, Abraham Benton, corporators.
John Gait, Hugh Wallace and Charles Dement, their as-
sociates, successors, heirs and assigns, be and they are
hereby created a body corporate, by the name and style of
"The Mississippi Railroad Bridge Company," with power style.
to build, maintain and use a railroad bridge over the Mis-
sissippi river, or that portion within the jurisdiction of the po^ere.
state of Illinois, at a point known as the "Narrows," on said
river, and at or near Fulton city, in the county of White-
side; to be built in such manner as not to obstruct or in-
terfere with the free navigation of said river, and to con-
1853. 576
nect by railroad or otherwise such bridge with any rail-
road, either in this state or the state of Iowa, terminating
at or near said point ; to unite and consolidate its franchi-
ses and property with all and any bridge or railroad com-
panies in either of said states ; to fix the amount of capital
stock ; to divide, transfer and increase the same ; to bor-
row money, and pledge or mortgage the property and fran-
chises; to condemn according to law property for the use
of said company ; to contract, bargain and agree with any
such railroad companies for and in the construction and
maintenance of said bridge ; to sell or lease said bridge, or
the use of the same, or the franchises of said company, to
any companies or corporations. The said company shall
commence the construction of said bridge within two years
from the passage of this act, and shall complete the same
within six years thereafter. This act to take effect and be
in force from and after its passage.
Approved February 11, 1853.
In force Feb. 10, AN ACT to incorporate the Quincy Bridge Company.
1853.
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly, That Ne-
Gorpoiators. hcmiah Bushnell, Samuel Holmes, John Wood and James
M. Pitman, their associates, successors, heirs and assigns,
be and they are hereby created a body corporate, by the
style. name and style of "The Railroad Bridge Company," with
Powers. power to build, maintain and use a railroad bridge over
the Mississippi river, or that portion within the jurisdiction
of the state of Illinois at or near Quincy, in such manner
as shall not materially obstruct or interfere with the free
navigation of said river, and to connect by railroad or
otherwise such bridge with any railroad, either in the
states of Illinois or Missouri, terminating at or near said
point, to unite and consolidate its franchises and property
with any and all bridge or 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 con-
demn, according to law, property for the uses and purposes
of said company ; to contract, bargain and agree with any
such railroad companies for and in the construction and
maintenance of such bridge ; to sell or lease said bridge
or the use of the same, or the franchises of said company,
to any companies or corporations : Provided^ that said
company shall commence said bridge within three years.
577 1853.
and shall complete the same within six years from the
passage of tliis act.
§ 2. This act to take effect and be in force from and
after its passage.
Approved February 10, 1853.
AN ACT to incorporate the Mii^sissippi Bridge Company, at Alton. in furoe i\i .
185:5.
Section 1. Be it enacted hy the people of the state of
Illinois^ represented in the General 'Assembly, That Sam-
uel A. Buckraaster, William Martin, Edward Keating, O. <^"n'"n,tor8.
M. Adams, Simeon Ryder, Nathaniel Hanson, Sebastian
Wise, B. K. Hart and J. J. Mitchell, their associates, heirs
and assigns, be and they are hereby created a body corpo-
rate, by the name and style of "Mississippi Bridge Com- styu.
pany," with power to build, maintain and use a bridge for
a railroad and other purposes over the Mississippi river, at^''^"'^"'" ''"''"
or near the city of Alton, in the state of Illinois, in such
manner as shall not materially obstruct or interfere with
the free navigation of said river, and to connect, by rail-
road or otherwise, such bridge with any railroad or other
public road, either in the state of Illinois or Missouri, ter-
minating at or near said point; to unite and consolidate its
franchises and property with any and all railroads so ter-
minating in either of said states ; to fix the amount of the
capital stock ; to divide, transfer and increase the same ;
to borrow money, and pledge and mortgage its property and
franchises ; to condemn according to law property for the
uses and purposes of said company ; to contract, bargain
and agree with any of the aforesaid companies for aid in
the construction and maintenance of such bridge ; to make
and establish by-laws, rules aiid regulations for their gov-
ernment and control ; to sell or lease said bridge, or the
use of the same, or the franchises of said company to any
company or corporation : Provided, the said company shall
commence said bridge within five years, and complete the
same within ten years from and after the passage of this
act. This act to be in force from and after its passage.
Approved Feb. 12, 1853.
AN ACT to amend an act entitled "An act in aid of the Spoon River Navi- t" for^ Keb.3.
gation Company," approved June 23d, 1S52. »^-
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly, That the
Spoon River Navigation Company, by their president and '*"""" '"°""'
[ M2]
185:5. 578
directors, in addition to the rights and privileges conferred
and possessed by their present existing charter, be and
they are hereby authorized to borrow money for the pur-
pose of aiding in the prosecution of their contemplated
work, and to secure the payment thereof by the bonds of
the company, note, mortgage or otherwise : Pi'ovided^ the
said company shall not issue the bonds of the company
for a larger amount than three-fourths of the amount of the
stock subscribed, and shall not pay an interest upon such
loan of over ten per cent, per annum.
e for .ifbts. § 2. The stock, property and effects of the company
shall be liable for the debts of said company, and any pay-
ment, assignment or transfer of said property by said com-
pany to any one or more of its creditors, for the purpose
of preferring one or more to the whole of their creditors.
shall be null and void, as against the other creditors of
said company.
§ 3. All acts and parts of acts coming in conflict with
this act are hereby repealed. This act to take effect and
be in force from and after its passage.
Approved February 3, 1853.
■. fcrceFeb. 10, AN ACT to carry into effect the last will and testament oi George Brows .
iso^- deceased.
Section 1. Be it enacted hy the •people of the state oj
Illinois, represented in the General Assembly. That the
Declare! eftettn- last will and tcstament of George Browse, deceased, as
*'• proved before the county court of Grundy county, be and
the same is hereby declared to be as effectual inlaw to all
intents and purposes as if the same had been reduced to
writing previous to the death of the said George Browse,
[ ovi.,. deceased : Provided, that the legal rights of the heirs ,of
the said George Browse, deceased, shall not be affected by
this act : And provided further, that this act shall not be
so construed as to prevent any party interested from
appearing and contesting the validity of said will, as is
now allowed by law.
§ 2. This act shall take effect and be in force from and
after its passage.
Approved February 10, 1863.
579 1853.
AN ACT to aufhori/e Stephen F. Michel to build a mill dam across the Saline I" forjo Frh.
creek. i^^-
Section 1. Be it enacted hij the people of the state of
I//i?ioz^, represented in the General. Assemhlxj^ That Ste-
phen F. Micliel, his heirs and assigns, be and they are ^lu dam.
hereby authorized to build, construct and continue a mill
dam across the big Saline creek, at the village of Indepen-
dence, in Saline county : Provided^ that the said Stephen
F. Michel be the owner of the real estate on both sides of
the said creek at that point, and to use the water for hy-
draulic purposes.
§ 2. Tiiis act to be in force from and after its passage.
Approved February 12, 18515.
AN ACT to alter the boundaries of the town of Mt. Carroll, in the county of I" ffr^e April i,
Carroll. ^«^3-
Section 1. Be it enacted by the people of the state oj
Illinois, represented in the General Jlssemhly, That the
west half of section No. six (6,) and the northwest quar- ^o""'*'*''''^-
ter of section No. seven (7,) in township No. twenty-four
(24) north, of range No. five (5,) east of the fourth prin-
cipal meridian, be and the same is hereby added to and
made a part of the town of Mt. Carroll, in the county of
Carroll.
§ 2. This act to take effect and be in force from and
after the first day of April, one thousand eight hundred and
fifty-three.
• Approved February 10, 1853.
AN ACT to to authorize Tristram Vincent to build and maintain a dam In force Feh.
across the Desplaines river, in Lake county. \^i.
Section 1. Be U enacted by the people of the state of
Illinois, represented in the Genera/t/^S5e7?26/y, That Tristram
Vincent, of the town of Vernon, in Lake county, his heirs jnii.iau,.
and assigns, be and he is hereby authorized to build and
maintain a mill dam, seven feet high, across the Desplaines
river, on the south half of section twenty-three, in town-
ship forty-three north, of range eleven east of the third
principal meridian, in said county.
This act shall take effect and be in force from and after its
passage.
Approved Februar} 11, 1853.
1853.
580
ill lorce Feb. 12, AN ACT to amend "An act to incorpora'e the town of LaAvrenceville," ap-
^^^'^- proved February 12th, 1835.
Section 1 . Be it eyiacted bi/ the people of the state of Illi-
nois, represe7ited in the General */lssemhly, That the incor-
uirii'ui uiLered. porateci limits of the town of Lawrenceville shall be so al-
tered as to extend no further north than the south bank of
the Embarrass river, running nearly east and west the dis-
tance of one mile, being the length of said incorporated
limits,
§ 2. That this act shall take effect and be in force from
and after its passage.
Approved February 12, 1853.
ui i'urce Fei. 10, AN ACT to authorize John Marshall to keep a ferry across the Mississippi
1853. river.
Section 1. Be it enacted by the peojjle of the state oj
Illinois, represented in the General Assembly, That John
Marshall, his heirs and assigns, be and they are hereby
authorized to establish and keep a ferry for' fifteen years
across the Mississippi river, between the tov.'n of Cordova,
in Rock Island county, and the opposite shore, in the state
of Iowa, during which time no license shall be granted to
any other person or persons to establish a ferry within two
miles of said town of Cordova.
§ 2. The said Marsiiall shall at all times keep good and
sufficient boats for the speedy and safe transportation of
passengers, teams, horses, cattle and other animals, as well
as goods and effects belonging to or in the care of passen-
gers ; and shall furnish said boats with men of suitable
strength and skill to manage them ; and siiall charge and
receive such rates of ferriage as may be allowed by the
county court or proper authority of said county.
§ 3. The said Marshall shall pay into the treasury of
Rock Island county such annual tax as may be imposed on
said ferry by the county court of said county, not exceed-
ing ten dollars; and in the management and regulation of
said ferry shall be governed by the *'i\ct to establish ferries
and'' tolf-bridges," approved March third, one thousand
eight hundred and forty-five.
§ 4. This act to take effect and be in force from and
after its passage.
Approved Feb. 10, 1853.
581 186S,
AN AC r to authorize WilHam H. Knit!;ht fo keep a fevry across the Mis- i" tf""cc Feb. ii,
sissippi river. ^^'^3-
Section 1. Be it enacted hy the people of the slate nj
Illinois, represented in the General Assemhly, That Wil-
liam H. Kniglit is hereby authorized and licensed to con- p^"^-
tinue, keep and maintain the ferry whicli he purciiased
from Augustine Phelps in iiis life time, since deceased, in
Fulton city, Wiiiteside county, Illinois, across the Missis-
sippi river, from a point on the eastern bank of said river,
in the end of Ferry street, to the town of Lyons, on the
opposite side thereof, in Clinton county, state of Iowa;
and the said William H. Knight, his heirs and assigns, shall
have the exclusive right of having, continuing and main-
taining and using said ferry across said river three miles
above and below said point or place in Ferry street, and
to have and receive all the advantages and emoluments
arising from the use of said ferry for and during the period
of thirty years : Provided, that this act shall not be so con-
strued to defeat any claim or demand that the heirs or
legal representatives of the said Augustine Phelps, decea-
sed, may have against said ferry for any balance being or
remaining unpaid upon the purchase of the same from the
said Augustine Piielps in his life time, since deceased.
§ 2. This act sliall be deemed a contract between the U'^emc^'^^o''^''*-
state of Illinois and the said William H. Knight, his heirs
and assigns. The said William H. Knight, his heirs and
assigns, on their part, in consideration of the privileges
granted in the foregoing section, sfeall keep and use said
ferry according to the laws of the state of Illinois regula-
ting ferries ; but it is further provided, that the ferry boat
to be used on said ferry shall be of good size and dimen-
sions, substantially built, and propelled with horse or steam
power.
§ 3. This act may be repealed, altered, amended or
modified whenever the public good require it.
This act shall take effect and be in force from and after
its passage.
Approved February 11, 1853.
Section 1. Be it enacted hy the jieople of the state oj
Illinois, represented in the General Assembly, That John
Raum, Hugh Robertson, A. J. Robertson and Thomas B. ^'''•■''^'"*=^•
Thralekild, be and they are hereby allowed to establish
and keep a toll- bridge across Mill creek, on the main road
1853.
582
leading from Golconda, in Pope county, to Vienna, in John-
son county, at the place where said main road crosses said
Mill creek, in Pope county, with liberty to ask and demand
such charges or rates of toll as may be allou-ed by the
county court within and for said Pope county : Provided,
that nothing herein contained shall be so construed as to
extend the right of keeping said toll-bridge more than fif-
teen years: *^nd prcvided further, that the construction
of said bridge shall be commenced within six months, and
completed within eighteen months from the passage of this
act.
, ^j § 2. If it shall be necessary, in constructing said bridge,
to take any real estate belonging to others, or if any dam-
age shall necessarily be done to the real estate of any per-
son in constructing said bridge, such damage may be claim-
ed and assessed and collected in the same manner as is pro-
vided for the assessment and collection of damages under
the general road laws of this state.
§ 3. This act to take effect and be in force from and
after its passage.
Approved February 12, 1853.
i*reeniptioii
jraiiii'sd.
AN ACT granting a pieempliou right to Cliarleg H. Babcock.
Whereas Charles H. Babcock, of Cook county, in the month
of July, A. D. 1852, entered and settled upori the west'
half of the southwest quarter of section nineteen, in town-
ship forty-tvv'o north, of range ten east of the tliird prin-,
cipal meridian, supposing at the time of such settlement!
that said land belonged to the government of the United I
States, when, in fact, said land at said time was and is now
owned by this state ; and whereas said Babcock has erect-
ed a dwelling house and made other improvements upon
said land with the intention of occupying the same as a
homestead ; therefore —
Section 1. Be it enacted by the people of the state if
Illinois, represented in the General Jissembly, That a ])re-
emption right be and the same is hereby granted to said
Charles H. Babcock, his heirs, representatives and as-
signs, to purchase said land from the state at the appraised
value thereof, wliich said right shall extend for the period
of one year from and after the time this act takes eifect.
And whenever said Babcock, liis iteirs, representatives or
assigns shall, within said period of one year, pay to the au-
ditor of this state, in internal imj)rovement scrip, the ap-
praised value of said lands so settled on by him, it shall be
583
1853.
the duty of the governor of this state, on the fact of such
payment being certified to iiiiu by the auditor, to cause a
patent for said land to be issued to said Babcock, his heirs
or assigns.
§ 2. This act shall be deemed a public act, and shall
take eifect and be in force Irom and after its passage-
Approved February 3, 1853.
AN" ACT to authorize Samuel K. Fischer to build and maiiit
the Pickatonica river.
tain a dam across "m tyi.^t- r
Section 1. Be it enacted by the people of the fit ate of
Illinois, represented in the General Assembly, That Samuel
K. Fischer, of Stephenson county, and his heirs and assigns, v,yAv\
be and they are hereby authorized to construct, build and
continue a mill dam across the Pickatonica river, on sec-
tion twelve, (12,) in tov/nship twenty-eight (28) north, of
range six (6) east of the fourtli principal meridian.
§ 2. That said mill-dam shall not exceed six feet in '^'•""^
height above low water mark, and shall be constructed
where said Samuel K. Fischer owns the land on both sides
of the river.
§ 3. That said Samuel K. Fischer, his heirs and assigns,
be and they are hereby authorized to maintain and con-
tinue across the Pickatonica river, any miil-dam, not ex-
ceeding six feet in height above low water mark, already
constructed by said Samuel K. Fischer, and auutting at
each end on tiie land owned by said Samuel K. Fischer.
§ 4. It shall be the duty of any and all owners of any Duty
dam, built or continued under the provisions of this act, to
maintain on such dam a slide sufficient for rafts and liat
boats to descend said stream.
§ 6. That the stale reserves the ri-:
navigation of
this act shall be construed so as to conflict v/ith such right.
This act shall take eifect from and after its passage.
Approved February 3, 1853.
vj^..^ to improve the
said Pickatonica, in any way, and nothinsr in
AN ACT to incorporate the Northwestern Insurance Company.
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Jissembly, That there
shall be and hereby is established in the city of Galena, an
III force F.'l'. r»,
1853.
1853, 584
insurance company, to be known by the name and style of
"The Northwestern Insurance Company," with a capital
of one hundred thousand dollars, divided into shares of one
hundred dollars each, which rnay be increased at the will
of the directors to any amount not exceeding five hundred
thousand dollars, to be subscribed and paid for in the man-
ner hereinafter specified.
§ 2. Alexander C. Davis, John Lorrain, Thomas H.
Griffith, John Dean and Robert J. Davis, or any three of
them, are hereby authorized to open books of subscription
in said city for tlie capital stock of said company, at such
lime and place as they shall think proper, after giving twen-
ty days' notice of the same in some public newspaper pub-
lished in Galena; said books to be kept open for the space of
at least five days, or until at least fifty shares shall be subscri-
ed, when the same may be closed ; and said subscribers
may, after six days' notice being given by said commis-
sioners, in manner aforesaid, meet, and under the inspec-
tion of said commissioners, choose three directors, who may,
at any tiro.e after ten days' public notice given, cause said
books to be reopened and continue open until the whole
amount of said stock shall have been taken.
§ 3. The subscribers oi said stock, their associates,
successors and assigns, shall be and are hereby declared a
body politic and corporate, by the name and style of "The
Nortiiwestern Insurance Company," and shall be capable
in law of contracting and being contracted with, suing and
being sued, pleading and being impleaded, answering and
being answered unto, defend and being defended against
in all courts and places whatsoever, in all manner of ac-
tions, suits, complaints and causes.
iiiowi^. § 4. The said corporation may have and use a'common
seal, which they may change, alter or break at pleasure;
and may also make, establish and put in execution such
by-laws, ordinances and regulations as sliall, in tiieir opin-
ion, be necessary for the good government and manage-
ment of the aflfairs of said corporation, and which are not
repugnant to the constitution of this state or of the United
States.
i-moiu ! § 5. That the stock and affairs of said company or cor-
poration aforesaid shall be managed and conducted by not
less tiian three or more than five directors, who shall be
stockholders of said corporation, v/hich number of directors
shall be determined by the subscribers to said stock at the
first election of directors thereof.
§ 6. That all and singular the rights, powers, objects,
provisions, limitations and restrictions granted and con-
ferred on the Galena Insurance Company by "An act to
establish the Galena Insurance Company," passed and ap-
586 1853.
proved on the 15th day of February, A. D. 1851, not herein
changed, be and tlie same are hereby conferred on and se-
cured to the corporation hereby created.
Approved February 10, 1853.
AN AC r to incorporate the town of Havana. m force Feb. it.
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General jissemblijy That the
inhabitants and residents of the town of Havana, in the General power.,
county of Masoii, are hereby made a body (Corporate and
politic, in law and in fact, by the name of ' The President
and Trustees of the town of Havana," and by such name
and style shall be forever able and capable in law and
equity to sue and be sued, to plead and be impleaded, to
answer and be answered unto, to defend and be defended,
in all manner of suits, actions, plaints, pleas, causes, mat-
ters and demands of whatever kind or nature they maybe,
in as full and effectual a manner as any person or persons,
bodies corporate or politic, can or may do; and by the
name and style aforesaid shall have perpetual succession,
and may have and use a common seal, which they may al-
ter or revoke as they please.
§ 2. That the corporate powers or duties of said town powers T6»t&d.
shall be vested in and exercised by five trustees, to be cho-
sen and appointed as hereafter declared, who shall form a
board for the transaction of business.
§ 3. That N. J. Rockwell, William Higbee, S. E. Rodg- Tr^sue..
ers, Joseph S. Banner, James Boggs, are hereby appoint-
ed trustees of said town under this act, and shall hold their
offices until the first Monday in the month of April, one
thousand eight hundred and fifty-four, and until their suc-
cessors are elected and duly qualified; which election shall
be liolden on the first Monday in the month of April, in
each year thereafter. The members composing said board
of trustees shall be at least twenty-one years of age, and
inhabitants of said incorporated limits, and bona fide free-
holders of said town; and they shall have power to fill all
vacancjies ia their board which may be occasioned by death,
resignation or otherwise.
§ 4. That in all elections for trustees every white male votors.
resident within the incorporated limits of said town, over
the age of twenty-one years, who shall have resided there-
in six months, or who shall be the bona fide owner of any
freeh-^ Id property therein, shall enjoy the right of election.
1853. 586
Presuient. § 5. The board of trustees shall appoint their presi-
dent and all other officers of their body, and shall be the
judges of the qualifications, elections and returns of tiieir
Quorum. Qwu members, a majority of whom shall constitute a board
to transact bussiness, bat a smaller number may adjourn
from day to day, and may compel the attendance of absent
members, in such manner and under sucli penalties as the
board may provide ; they may determine the rules of pro-
ceedings, punish their members for disorderly conduct,
^ and by the concurrence of three-fifths of the whole number
elected, may expel a member, and make such other rules
and regulations for their government as to them maj^ seem
proper and expedient.
Fas. § 6. That the board of trustees may have power by
ordinance to levy and collect taxes upon real estate with-
in the town and limits of the incorporation, at the discre-
Powors of trus-tion of the board; to declare what shall be considered nui-
^'^' sances within said incorporated limits, and to prevent and
remove the same; to provide for licensing, taxing and reg-
ulating auctions, taverns, groceries, theatrical and other
shows and exhibitions; to restrain and prohibit all disorder-
ly houses; to prevent the running and indecent exhi4?ition
of horses and jacks; to establish and regulate markets; to
' open, grade, pave and keep in repair streets, avenues,
lanes, alleys, drains and sewers, and keep the same
clean ; to regulate the police of the town ; to provide for
the trial and punishment of persons who may be engaged
in assaults, assaults and batteries, and affrays within the
limits of said incorporation ; to regulate the election of
town officers and fix their compensation ; to require bond
and security of town officers for the faithful performance
of their duties; and from time to time to pass such ordi-
nances to carry into effect the objects of the act and the
powers hereby granted as the good of the citizens of said
town may require.
Fines aud forfeit- § 7. That the board of trustees of Said town sliall havc
power to impose fines and forfeitures for the breach of any
ordinance and provide for tlie collection thereof, and to
direct by ordinance such punishment to be inflicted for any
ofTence against the laws of the incorporation as it is or
may be provided by law for like offences against the laws
of the state: Provided^ that no person shall be deprived of
the right of trial by jury, in any case where such person
would be entitled to trial by jury for like oftence against
the laws of this state.
6 8. That the board of trustees shall have power to
ia county Jail, provide for the punishment of offences, by imprisonment
in the county jail, in all cases where such offenders shall
fail or refuse to pay fines whicli may be assessed, 'Y for
forfeitures or penalties which may be recovered : Pru ided,
587 1853.
that nothing herein contained shall be so construed as to pre-
vent persons from availing themselves of the benefit of any
insolvent law which now isorhereafter may pass by the legis-
lature "of this state, if such person would be entitled to
such discharge for like offence against the laws of this
state : And provided^ also^ that no person shall be impris-^""""*'"
oned, under the provisions of this act, for a longer period
than twenty-four hours for every dollar of any fine assessed
or forfeiture or penalty recovered.
§ 9. That the board of trustees shall have power to^^""***"-
provide for the punishment of any person who may at any
time disturb the peace of the inhabitants of the town, or
any worshipping congregation or deliberations and pro-
ceedings of any public meeting assembled therein^ or of
the board of trustees when in session.
§ 10. In all cases arising under this actor growing out
of the by-laws or ordinances made in pursuance thereof,
any justice of the peace in the county of Mason shall have
jurisdiction to hear and determine the same; and appeals
may be taken and writs of certiorari allowed in all such
cases in tlie same manner that now is or hereafter may be
provided by law for appealing from judgments of justices
of the peace.
§ 1 1. That all ordinances of said trustees made in pur- p^;^^",. "'
suance of this act shall be fairly written out, signed by the
clerk, and the same or a printed copy thereof shall be
posted up at three of the most public places in said town,
or published in some newspaper printed in said town; and
no ordinance shall be enforced until posted up or publish-
ed at least ten days.
§ 12. That the lot in front of which any side-walk is side-wait..
made shall, in addition to the regular tax imposed by the
board of trustees, be taxed to pay at least one-half of said
expense of making said side-walk; which tax shall be as-
sessed and collected in the same manner as otlier taxes are.
§ 13. That the board of trustees shall have power io ^^^ ^J'^^^'^
adopt such modes and means for the assessments and col-
lection of taxes as they may from time to time fix upon
and determine, and to prescribe the manner of selling pro-
perty when the tax on the property is not paid : Provided,
that no sale of any town lot or other real estate shall be
made until public notice of the time and place of sale shall
be given by advertisement in a newspaper in said town or
by posting up written or printed notices thereof in three
of the most public places in said town at least fifteen days
previous thereto.
§ 14. That when any town lot or lots or other real es-
tate shall be sold for taxes by virtue of any ordinance made
in pursuance of this act, the same may be redeemed any
tiiae within two years from the date of such sale, by the
1853. 588
owner of said property or his or her or their agent, ex-
ecutor or administrator, by paying to the treasurer of said
town, for the use of the purchaser of said property, double
the amount of the purchase money, with interest ai the
rate of ten per cent, per annum, with the cost accrued
thereon.
c»iL, § 15. That the members of the board of trustees and
all other officers of said corporation shall, before entering
upon the duties of their respective offices, take an oath or
affirmation before some officer authorized by the laws of
the state to administer oaths, to support the constitution
of the United States and of this state, and faithfully dis-
charge the duties of their respective offices,
Towa constable. § 16. That the board of trustees shall have power to
appoint a town constable, who shall hold his office during
the pleasure of said board of trustees, and to require of
him bond and security in such sum as they may think pro-
per, whose duty it shall be to arrest, on view, all persons
who shall violate the laws and ordinances of said town; to
collect all fines, forfeitures and penalties which may be as-
sessed or recovered for the use of the corporation, and to
execute all writs, processes and precepts which may be
issued against any person or persons for a violation of said
laws and ordinances; and for this purpose it shall be law-
ful for him to go into any part of the county of Mason to
serve or execute any such writs, processes or precepts
as aforesaid.
aoftdiftbor § ^^' That the board of trustees, for the purpose of
keeping the streets and alleys of said town and the public
road passing through the same in gocd repair, shall have
power, and to this end they are authorized to require every
male resident within the limits of said corporation Over the
age of twenty-one years, to labor on said streets, alleys
and roads not less than two nor more than fo'ar days in
each year; and any person who shall be notified by the
street commissioner to perform such labor so assessed as
herein provided, and shall fail or neglect to perform the
same, shall forfeit and pay the sum of one dollar for each
day's labor neglected to be performed; t'.nd the street com-
missioner of said town is hereby authoi ized to prosecute
such delinquent person in the name of the president and
trustees of Havana, before any justice of the peace in the
county of Mason, and said street commissioner shall be a
competent witness -against said delinquent.
ietiwig bioDght § IS. That all fines, forfeitures am! penalties author-
«r'to'opiace'.°°*ized to be assessed by this act may be in an action of debt,
in the name of the president and tru.nees of the town of
Havana, before any justice of the peace of said county:
Provided, that no such fine, forfeiture or penalty shall
exceed one hundred dollars; and all sums of money which
589 1853.
may be received for license granted to groceries, taverns,
auctions, theatrical and other shows and exhibitions, and
all fines, fori'eitures and penalties imposed for a violation
of any of the by-laws or ordinances of said corporation,
shall, wlien collected, be paid into the town treasury for
the use and benefit of said town.
§ 19. That for the purpose of carrying into effect the
aforesaid powers, the said trustees and hereby authorized
to defend [define] the boundaries of said incorporation :
Provided^ the same sli^sll not exceed two miles square.
§ 20. That justices of the peace and constables who fom.
are required to render service under this act shall be en-
titled to the same fees and collect them in the same manner
as now is or hereafter may be provided by law in other
cases.
§ 21. That on the second Monday of March, one thou- organization.
sand eiglit hundred and fifty-three, the within named trus-
tees shall meet and proceed to organize, appoint their
officers, and enact such ordinances as they may think ne-
cessary; and the trustees of said town shall inform the
board oif any and all elections held under the provisions of
this act, and they shall be governed by the election laws
of this state wherein they don't conflict with the provi-
sions of this a?ct. This act to be in force from and after
its passage.
Approved February 12, 1853.
AN ACT to amend an act entitled "An act to incorporate the city of Pe- in force Ffb
oria/"' in force December 3d. A. D. 1844, and to amend an act entitled 1S53.
"An act to amend an act entitled 'an act to incorporate the city of
Peoria, approved February 13th, 1847.'"
Section 1. Be it enacted hy the people of the state oj
Illinois^ represented in the General *j1ssemhly, That the
city council of the city of Peoria, shall have power and city recordor
authority to create and establish the office of city recorder
for said city, and shall have power to elect an officer, to be
called city recorder, who shall hold his office until the last
Monday in November after his said election, and until his
successor shall be duly elected and qualified; and on the
said last Monday in November, every year thereafter, the
qualified voters of said city shall elect a city recorder for
said city, who shall hold his office for one year from and
after his election, and until his successor shall be duly
qualified; and said elections of recorder by the qualified vo-
ters aforesaid, shall beheld, conducted, and returns thereof
made in the same manner as now is, or shall be provided
Duty or plerk.
1853. 590
by the ordinances of said city for the election of mayor and
aldermen thereof.
§ 2. When two or more persons shall have an equal
number of votes for recorder, or when an election for re-
corder shall be contested, the same proceedings shall be
had to determine the questions and rights of the parties, as
are now provided by the two several acts hereby amended,
and the ordinances of said city now in force, or that may
hereafter be passed in reference to the election of mayor
of said city, when two or more persons shall have an equal
number of votes for said office of mayor, or when the elec-
tion of said mayor may be contested.
§ 3. It shall be the duty of the clerk of said city, im-
mediately after the election of recorder shall have been
had, to file a certificate of the election of the person who
shall [be] declared to be duly elected to the office of re-
corder, with the county clerk of Peoria county, whose
duty it shall be to file and preserve the same, and enter it
upon the books kept by the said clerk for recording the
election of justices of the peace for said county ; and the
said county clerk shall, when required, certify to his offi-
cial character, as in cases of justices of the peace.
§ 4. No person shall be eligible to the office of city
recorder, who is not above the age of twenty-one years
and who shall not have resided one year in said city next
preceding his election.
§ 5. The said recorder shall be commissioned by the
governor as a justice of the peace, and shall be conservator
of the peace in said city; and shall have power and au-
thority to administer oaths, issue writs and process under
the seal of the city, to take depositions, the acknowledg-
ment 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.
§ 6. The said recorder, when duly qualified, shall have,
possess and exercise exclusive jurisdiction in and over all
cases arising under the ordinances of said city, and which
is now exercised by the mayor thereof, under and by virtue
of the provisions of the two several acts hereby amended :
Provided, that the city marshal of said city, or any other offi-
cer authorized to execute writs or process issued by the
said recorder, shall have power to execute the same any-
where within the limits of Peoria county.
§ 7. He shall hold a recorder's court in said city for
the trial of all cases arising under the ordinances of said
city, as is now provided for tiie holding. of a mayor's court
therein, or as may hereafter be provided by ordinance.
He shall keep a docket in which shall be entered all cases
tried before him in the same manner as is required of jus-
tices of the peace by the laws of this state.
591 1863.
§ 8. That the eleventh section of the eighth article of Appeals,
the first named act hereby amended shall be so amended
that all appeals from the decision of the said recorder, or
from any judgment entered by him, shall be taken within
five days from and after the rendition of judgment: Pro- P'^o^'**'-
vided, that in case the city of Peoria be tiie appellant, the
appeal shall be granted on application, and without re-
quiring an appeal bond to be filed as in other cases of
appeal.
§ 9. The said recorder shall have the same power to contempu.
punish for contempt as is now conferred upon justices of
the peace by the laws of this state, and for sucii contempts
may impose a fine not exceeding fifty dollars for each
offence, and on failure to pay the same, he may commit the
oflfender forthwith to prison until the fine and costs shall
be paid as may be provided by ordinance.
§ 10. In case said recorder shall remove from said vacate.
city, or resign, or die, or his office shall be otherwise
vacated, tiie city council shall by resolution declare the
office vacant; and whenever a vacancy shall occur in the
office of recorder, the same shall be filled by a special
election, which shall be held, conducted, and returns
thereof made in the same manner as is or may be provided
by ordinance^for the election of mayor of said city, at a
special election.
§ 11. Whenever a vacancy shall occur in the office of Mayor act as re-
recorder, or when said recorder, on account of temporary
absence from the city, or ill health, shall be unable to per-
form the duties of the office, the mayor of said city shall
act as recorder until an election shall be held and ihe re-
corder qualified, or until his return to the city, or the
restoration of his health, and while acting as recorder the
said mayor shall be vested with the same powers as are
hereby conferred upon the said recorder.
§ 12. The said recorder shall, for like oflfences, be sub- Liawe to renm-
ject to the penalties imposed upon the mayor of said city *"^'^'
by the eleventh section of the sixth article of the first act
hereby amended.
§ 13. Before entering upon the duties of his office the oath.
said recorder shall take and subscribe the oatiis prescribed
by the constitution of this state, and shall file a bond as is
required by law of justices of the peace.
^ 14. Said recorder shall receive for his services such fws.
salary and fees as may from time to time be fixed by reso-
lution or ordinance of said city council.
§ 15. In case the recorder, mayor, or any aldermen of
said city shall resign his office, such resignation shall be made
in writing, and shall be addressed to the city council of said
city.
1853.
592
>(!« t-.,i to wards.
fiiblicatioaof 01-
jiluaiiccs.
§ 16. The city council of said city shall have exclusive
power, by ordinance, to license, tax and regulate within
said city, ail insurance companies and their agencies, agree-
ably to the laws of tliis state.
§ 17. The said council shall have power to establi'^h,
erect, regulate and repair public wharves, docks and land-
ing places in said city, and to provide for the levying and
collection of wharfage thereat, and shall have exclusive
jurisdiction over the same : Provided^ that the lands of no
person shall be appropriated or used as a public landing,
without having compensation made to him as provided by
law in other cases.
§ 18. That all that district of country included in the
south half of section three, the south half of section four,
the south-east quarter of section five, the east half of sec-
tion eight, all of fractional section nine, all of fractional
section ten, all of fractional section sixteen, the east half
of fractional section seventeen, in township eight, north of
the base line, of range eight, east of the fourth principal
meridian, and to the middle of the Illinois river and Lake
Peoria, as has heretofore, or may hereafter be laid out and
recorded as such, are hereby declared to be within the
boundaries of the said city of Peoria; and hereafter when
any tract of land adjoining said city as above bounded,
shall be laid off into town lots and duly recorded as re-
quired by law, the same shall be annexed to and form part
of the city of Peoria; and that when any of said tracts of
land thus annexed to said city shall be situated on the north-
west bank of the Illinois river or Lake Peoria, and sliall
run to low water mark, the boundary of said city at that
point shall extend in a direct line, continuing the line fix-
ing the outside boundary of said addition to the,middle of
the said river or lake, or until the same shall strike another
boundary line of said city.
§ 19. That the city council of said city shall have
power to create any number of additional wards in said
city, and shall provide for the election of two aldermen for
each ward; and said city council shall consist of the mayor
and two aldermen from each ward in said city.
§ 20. The ordinances of said city, when published in
any newspaper printed in said city, shall be deemed and
taken as public acts, and shall be received in evidence in
all courts and places in this state without further authen-
tication or proof.
§ 21. This act is hereby declared to be a public act,
and may be read in evidence in all the courts of law and
equity in this state without proof.
593 1863.
§ 22. All acts or parts of acts coming within the pro-
visions of this act, or contrary to or inconsistent with its
provisions, are liereby repealed.
Approved February 12, 1853.
AN' ACT more effectually to incorporate the Hamilton Mill Compan).. in
lorti-
1853.
Section 1. Be it enacted by the. peojile of the state of
Illinois, represented in the General Assembly, That Artois
Hamilton, Thomas McLellan, Bryant Bartlett, Henry R. Covp^.v.
Dickerson and George Edmunds, jr., who are associated
under "An act to authorize the formation of corporations
for manufacturing, agricultural, mining or mechanical pur-
poses," approved February 10th, 1849, by articles of asso-
ciation dated the 17th day of November, A. D. 1852, and
filed in the office of secretary of state the 23d day of No-
vember, A. D. 1852, together with David E. Head, Bryant
T. Scofield and Crocket Wilson, who are now associated
with them, and such other persons as shall licreafter asso-
ciate with them, by subscribing to the stock of the com-
pany so associated and hereby extended, enlarged and in-
corporated, are hereby recognized as a body politic and
corporate, and are hereby m.ore effectually created a body
politic and corporate, by the name and style of «The^"*^«-
Hamilton Mill Company," and by that name shall have
perpetual succession, be capable of contracting and being
contracted with, of suing and being sued, of acquiring by
purcliase, or otherwise, and holding or conveying real
and personal property, for the purposes and objects of
said company ; may have a common seal, which they may
alter at pleasure ; may make all needful by-laws for the
government of the company, its officers and the manage-
ment of its affairs, and alter tlie same at pleasure ; may
provide for the election of such officers and agents as may
be deemed necessary, and prescribe the duties and liabili-
ties of all the officers of said company.
§ 2. The said company are hereby authorized to build Da"!'
a dam across the slough between the southeast quarter of
section No. 30, township No. five north, range No. eight,
west of the 4th principal meridian, and island No. two, in
the Mississippi river, in Hancock county, Illinois, and also
to extend a dam or dyke from the head of said island No.
two into said river, in such form and to such extent as said
company shall deem most advantageous for the purpose of
creating hydraulic power; and said company may use, lease,
or otherwise dispose of the same; ajad may construct such
other works, buildings and machinery as may be deemed
[ N2 J
1853. 594
necessary or proper to use such power and prosecute the
interests and objects of said company.
d] stock. § 3. The capital stock of said company shall be twelve
thousand dollars, but said company may from time to time
increase the capital stock of said company to any sum not
exceeding in all two hundred thousand dollars, to be di-
vided into shares of fifty dollars each.
§ 4. The persons named in the first section of this act,
their heirs, executors, administrators or assigns, shall con-
stitute said company until said company shall deter-
mine to increase their capital stock, when any person may
become a member of said company by subscribing at least
one share and paying the same, and all assessments thereon,
when called for; each share shall be entitled to one vote
at all elections, and may be cast in person or by proxy.
'. V-. § 5. The present trustees of said association shall be
the directors of this company until the first Monday of
September next, unless before that time they shall order a
new election, at which time and immediately thereafter
there shall be an election for directors of said company,
who shall be chosen from among the stockholders, and
shall hold their office for one year and until their succes-
sors are elected and qualified; there shall be three directors
elected until the company by by-law shall determine to
elect five, one of whom shall be chosen president. The
time of holding elections may be attended by the directors.
The directors shall have tlie management of all the con-
cerns of said company; may appoint such subordinate offi-
cers, agents, attorneys and servants as the business of said
company may require, and remove them at pleasure; con-
trol and apply the funds of said company, and the dispo-
sition of its property; make all contracts and conveyances,
and do all other business of said company.
§ 6. The said company shall in nowise, by any works
to be erected by them, obstruct or interfere with the nav-
igation of the channel of the Mississippi river, nor with
the rights of other persons.
§ 7. The capital stock of said company shall be deemed
personal property, and be transferable, but no transfer
shall be made except upon the books of said company, nor
until all assessments then called for or made shall be paid.
§ 8. This act shall be deemed and taken as a public
act, and shall be construed liberally for the company in
all courts and places.
Approved February 3, 1853,
595 1863.
AN ACT to provide for gelling the land granted as a common to the inhab- '" M'e Feb
itaiits of the town of Mount Carmel, and for disposing of the proceeds ■'^''^•
ihereof.
Pvcam'j]
Whereas tlie inhabitants of the town of Mount Carmelj in
the county of Wabash, are in common entitled to the use
and benelit of certain lands adjacent and lying between
said town and the Wabash river, commonly known as
the "Commons of the town of Mount Carmel," by vir-
tue of a grant from the original proprietors of said town;
and whereas the right to divide, lease or grant the said
lands, or any part of them, is by the constitution vested
in a majority of the qualified voters therein, and they
having petitioned/therefor, therefore —
Section 1. Be it enacted by the people of the state oj
Illinois^ represented in the General Assembly^ That the
board of trustees of the said town of Mount Carmel are comm:i<.
authorized and empowered, by this act, to have the com-
mons of said town, or any part thereof, surveyed and di-
vided into such lots, streets, squares and alleys as will, in
their opinion, seem best and most advantageous, and shall
cause a plat or plats of the same to be made, showing the
location and dimensions of each lot and square ; location
and width of each street and alley — each lot to be also
properly numbered, and each street properly entitled ;
which plat or plats, when so made, shall be recorded in
the recorder's office of Wabash county — a copy of which
record, duly certified by the recorder of said county, shall
be sufficient and competent evidence of the location of the
lots, streets, squares and alleys in said survey or surveys.
§ 2. The said board of trustees may proceed to offer saic.
for sale absolutely, at public outcry, any or all of said lots,*
at such place, upon such terms, and at such intervals of
time as by them may be deemed most advantageous, and
so continue until all of said lots are disposed of; and the
said trustees shall, previous to each offering as aforesaid,
give notice for four consecutive weeks in a newspaper prin-
ted in said town, which notice shall specify the place where,
the time when and the terms upon which the said lots
will be offered for sale : Provided, that the said board shall
have authority to reserve any portion of said commons as
a public square or park.
§ 3. Each lot shall be offered separately for sale, and -'«'^'-'' <<* »«|
the same shall be struck off and sold to the highest and
most responsible bidder for cash, or upon such terms of
credit as shall be determined upon and published by said
board ; and the said board of trustees, by their president,
under his hand and seal, shall make and execute to each
purchaser a good and sufficient deed, in fee simple, which
deed shall vest in the purchaser, his or her heirs and asr
1853. 596
signs, a full and perfect title in and to the premises there-
by conveyed.
i' ^ -a'e. ^ 4. Nothing herein contained shall be so construed as
to prohibit the said board of trustees from disposing of any
of said lots at private sale after they shall have been ex-
posed for sale at public auction.
Appropriation of § 5, The procceds of the sale of the lots of said com-
proceeds. nious, as providcd for herein, after defraying the expenses
attending the sale and conveyance of the same, may be
appropriated towards the construction of a raceway or ca-
nal from some point above the dam across the Wabash riv-
er, at the foot of the Grand Rapids, or from some point on
Crawfish creek, and to terminate in the Wabash river,
near said town of Mount Carmel. The said board of trus-
tees, if deemed more expedient, shall have power and are
hereby authorized to appropriate the whole or any portion
of the moneys realized from the sale of said commons to
the purchase of suitable grounds, if none be donated for
the purpose, and the erection of a suitable building there-
on within the corporate limits of the said town of Mount
Carmel, to be used as a seminary of learning.
Treasurer give § 6- Tlic Said board of trustccs shall require their
bonds. treasurer to give bond in such sum as they may deem pro-
per, payable to them and their successors in office, for the
use of the inhabitants of said town of Mount Carmel, with
good and sufficient personal security, and conditioned for
the faithful discharge of his duties under this act, and the
payment to his successors in office of all moneys that may
be in his hands as treasurer.
§ 7. This act shall be taken and deemed a public act,
and shall be in force from and after its passage.
Approved February 12, 1853.
In force Jan. 27, AN ACT to establish a ferry across the Mississippi nver in Henderson
^^^' county.
Section 1. Be it enacted by the people of the state of
lUinois, represented in the General Assembly^ That John
Forry. S. Pollock, his heirs and assigns, be and they are hereby
authorized and empowered to maintain and keep a ferry
for and during the term of ten years from the passage of
this act, across the Mississippi river, from the point where
the state road leading from Peoria, Illinois, to Burlington,
Iowa, terminates on the eastern bank of the Mississippi
river, in the county of Henderson, to the said city of Bur-
lington, with the privileges to said Pollock, iiis heirs and
I
597 1853.
assigns, of landing their boats and other water crafts for
the transportation of persons and property across said river,
at the western terminus of the said state road from Peoria
to Burlington.
§ 2. That said John S. Pollock, his heirs and assigns, Boats.
shall keep at all times a good and sufficient ferryboat, with
such other boats as may be necessary for the speedy and
safe transportation of passengers, teams, horses, cattle and
other animals, as well as goods and effects belonging to
passengers, and shall furnish said boats with men with suit-
able strength and skill to manage them, and sfiall charge
and receive such rates of ferriage as may be allowed him
by the county commissioners of said county of Henderson.
vS B. The said John S. Pollock, his heirs or assip-ns.Tax.
3. The said John S. Pollock, his heirs or assigns
shall pay into the treasury of the said county of Hendei
son such amount of tax as may be imposed upon said ferry
by the county commissioners of said county of Henderson,
not exceeding forty dollars ; and in the management and
regulation of the aforesaid ferry shall be governed by the
"Act to establish ferries and toll-bridges," approved March
the third, one thousand eight hundred and forty-five.
§ 4. That in case of failure by the said John S. Pollock, sue for tax.
his iieirs and assigns, to pay such amount of tax so assess-
ed by the county commissioners aforesaid, the said com-
missioners may sue for and recover the same in an action
of debt before any justice of the peace of said county of
Henderson.
§ 5. Be it fur the 7' enacted, that the said John S. Pol- Privilege onsir-d
lock, his heirs and assigns, shall have the privilege of land- ^°^'
ing the said boat or boats at the town of Schokokon, in said
county of Henderson, and for one mile above and below
the same, and that no license shall hereafter be granted
during said term to any other person or persons or body
corporate to keep or run a ferry and land at said town or
within said mile.
§ 6. The said John S. Pollock shall be entitled to the Rntitieii topriv-
benefits of the forty-second chapter of the Revised Statutes "®°*'*-
in regard to ferries and toll-bridges ; and should any per-
son or persons or body corporate, hereafter licensed or 1211 ';^apur Re-
Without license, run and land a ferry at said point in last
section mentioned, they shall be subject to and incur the
penalties and forfeitures given in said forty-second chapter,
which may be recovered by said Pollock as therein pro-
vided.
§ 7. This act shall take effect and be in force from and
after its passage.
Approved January 27, 1853.
1853. 598
rce Feb. 12, AN ACT to establish a ferry across the Ohio river.
Section 1. Be it enacted hy the people of the state of
Illinois, o^epresented in the General Jlssembly, That James
D. Southard and Carroll N. Rawlings, and such person or
persons as they may associate with them, be and they are
hereby authorized to establish and keep a ferry for fifty
years across the Ohio river, from the most convenient and
desirable point in fractional section thirty-six, township
sixteen south, range one west, in Pulaski county, Illinois,
to the Kentucky shore.
fi, § 2. Said Southard and Rawlings, and their associates,
if they should have any, shall cause said ferry to be fur-
nished with a good, tight boat or boats, sufficient for the
safe transportation of all passengers, their teams, horses,
cattle or other animals, wagons, and the goods, effects, pro-
perty, freight, &c., of all persons ; and said boat or boats
shall be furnished with men of suitable strength to manage
the same, or with horses, or with steam, or with suitable
and equivalent propelling power, at the option of said South-
ard and Rawlings, and their associates, if any they should
have.
iiiigs. § 3. The said Southard and Rawlings, and their asso-
ciates, if any they should have, shall be allowed to land
their boat or boats at any point on said Ohio river, eligible
and suitable in said fractional section thirty-six ; and no
other person or persons shall be allowed to establish any
ferry within one mile and a half above and below said point;
said Rawlings and Southard to select and locate their said
point of landings and report the same, in writing, to the
county court of Pulaski county, within six months from and
after the passage of this act: Provided, that said Southard
and Rawlings, and their associates, if any they should have,
shall conform to and comply with the terms and provisions
contained in the second section of this act.
I. § 4. Said Southard and Rawlings, and their associates,
if any they should have, or their assigns or grantees, shall
receive such rates of toll or freights or ferriage as the coun-
ty court of said Pulaski county shall establish and ordain,
not to exceed or be less than a fair and just compensation.
§ 5. This act to be in force from and after the first day
of May, A. D. 1853.
Approved February 12, 1853.
r
599 1853.
AN ACT to establish a ferry across the Mississippi river at the town of Tn luroe Fti.. i
Dallas City. i'^fi>
Section 1. Be. it enacted by the jieople of the state of
Illinois, 7' ep resented in the Genei'alJlssemhhj, That William
H. Rollosson, his heirs and assigns, be and the}- are here- i-err,-.
by authorized to establish and keep a ferry for the term of
ten years across the Mississippi river, between the town of
Dallas City, in the counties of Hancock and Henderson,
in the state of Illinois, and the opposite sh.ore, in the state
of Iowa; during which time no license shall be granted by
the county authorities of the county of Hancock or Hen-
derson to any person or persons or body corporate, to es-
tablish or keep a ferry within one mile of the line of the
counties of Hancock and Hender^son, at a point where the
same strikes the Mississippi river.
§ 2. Tlie said V/illiam H. Rollosson shall keep, at all i^ ■^ts, &c.
times, a good and sufficient boat, with such other boats as
may be necessary for the speedy and safe transportation of
passengers, teams, horses, cattle and other animals, as well
as goods and effects belonging to passengers, and shall fur-
nish boats with men with suitable strength and skill to man-
age them, and shall receive such rates of ferriage as may
be allowed him by the county court of the county above
named, '\x\ which he may select a regular landing for said
ferry, and \\\ the management of the aforesaid ferry shall
be governed by t!ie "Act to establisli ferries and toil-
bridges," approved March third, one thousand eigiit hun-
dred and forty-five.
§ 3. The said William H. Rollosson shall have the ferr}' i-.ny rrivii i,
privileges from said Dallas City to the opposite shore, to
the state of Iowa, for the term of ten years from the pas-
sage of this act, for one mile above and one,mile below the
said line between said counties mentioned ; and should any
other person or persons or body corporate run, keep and
land a ferry at said point, or within one mile above and
below the same, such person or persons or body corporate^
shall incur the forfeitures and penalties provided m. the
eleventh section of said act in regard to ferries and toll-
bridges, approved March the 3d, 1845, which may be en-
forced and recovered by the said William H. Rollosson,
his heirs and assigns, as in said section of said act provi-
ded.
§ 4. This act to take effect and be in force from and after
its passage.
Approved February 11, 1853.
1853. 600
In tc.rco Feb. 8, AN ACT to amend an act entitled '-'An act to provide for the construction
'^^"'- of plank roads by a general law."
Section 1. Be it enacted by the people of the state of
Illinois^ represented in the General Assembly^ That the
Change of name, corporate name of the OIney, Lawrenceville and Wabash
Plank Road Company be changed, and that said company
be hereafter known by the name and style of "The Law-
renceville and Wabash Plank Road Company."
.sunwuv. § 2. That said company be required to surrender to
the counties of Lawrence and Ricldand so much of the
state road leading from Lawrenceville to Olney as lies
within said counties, and was heretofore, by the county
courts of said counties, granted to said plank road com-
pany; such release to be made by order of the board of
directors, signed by the president and secretary, and filed
in the office of the clerk of the county courts of the respec-
tive counties.
§ 3. That after the execution of the surrender or re-
lease of the said road, the said plank road company shall
not be required to construct more of said road proposed
by the articles of association of said company to be con-
structed, than that which lies between the town of Law-
renceville and the Great Wabash river.
M -ravel. § 4. That Said company may use gravel or other suit-
able material, in lieu of plank, for the construction of so
much of said road as lies in Allison Prairie and Purgatory
Swamp, and is subject to overflow by the waters of the
Wabash and Embarrass rivers, and may charge the same
toll upon such gravel road as if the same were laid with
plank : Provided^ however^ before toll shall be charged up-
on such gravel road the same shall be first inspected and
approved by the inspectors provided/for inspection of plank
roads by the act to which this is an amendment.
§ 5. That said plank road company may charge the
following rates of toll in addition to the toll authorized by
law to be charged upon said plank road, for crossing on
the bridge erected by said company over the Embarrass
river, to wit : for wagon with six horses, thirty-five cents;
wagon and four horses, thirty cents ; wagon and three
horses, twenty-five cents ; wagon, and two horses, twenty
cents ; buggy or other vehicle drawn by one horse, fifteen
cents ; man and horse, ten cents ; footman, five cents each;
head of horses, mules or cattle, three cents each; and for
every head of hogs or sheep, one cent each : Provided^ how-
ever, that the citizens of Lawrence and Richland counties
and the property belonging to them, be permitted to cross
601 1853.
laid bridge free of toll, except so far as said bridge con-
stitutes part of said plank road.
§ 6. This act to take effect and be in force from and
ifter its passage.
iy-PROvED February 8, 1853.
^N ACT to authorize the construction of a bridge across the Big Vermil- In force Feb. li..
ion river, in La Salle county. ^^^^'
I Section 1. £e ii enacted by the peo'ple of the state of
y[lli7iais, represented in the General Jissemhly^ That Isaac
fl. Hitt, Bronson Murry, Beebe Clark, Ira L. Peck, corporatois.
leldon Cadweli, Herman Baldwin and Iram Nye, their
leirs or assigns, be and they are hereby authorized to
uild a bridge across the Big Vermilion river, at any point
on section twenty-five or section thirty, in township tliirty-
Uiree north, range one, east of the third principal meridian,
In the county of La Salle.
§ 2. That said Isaac R. Hitt, Bronson Murry, Beebe '^^^^^^f^°J *""-
(Clark, Ira L. Peck, Sheldon Cadweli, Herman Baldwin
knd Iram Nye, their heirs and assigns, shall commence the
said bridge witiiin two years and complete the same within
four years from the passage of this act.
; 3. The said Isaac R. Hitt, Bronson Murry, Beebe Ton-sate.
Clark, Ira L. Peck, Sheldon Cadweli, Herman Baldwin
ind Iram Nye, their heirs and assigns, are hereby author-
zed, after the completion of the said bridge, to place a
ijtoll-gate at either end of the same, when they, their heirs
or assigns, may demand of every person crossing said bridge
i\\: following rates of tolls, to wit: for each two horse
wagon or carriage drawn by two horses, mules, asses or
oxen, ten cents; for each additional horse, mule, asses or oxen
attached to such wagon or carriage, three cents ; for each
OIK; horse wagon, carriage or cart, five cents ; for each
maa and horse, five cents ; for each hog or swine, under ten
In number, two cents ; and for ten and all over ten in num-
|ber, one cent each ; for each head of horses, mules, asses
lor cattle, under ten in number, three cents ; and for ten
land all over ten in number, two cents each ; for each foot-
man, three cents : Provided^ that the said corporators,
their heirs or assigns, may double the above rates after
nine o'clock at night and before daylight in the morning.
j § 4. The said corporators shall always keep the said Keep^^bridge in
:bridge in good repair, so as to admit of convenient and
safe passage for all persons and their property, on payment
of the tolls.
1853.
602
§ 5. In case the said bridge shall be destroyed by
freshets or other accident, and the same shall not be re-
built or repaired within two years, the charter hereby
granted shall cease and be at an end.
§ 6. Any person passing over said bridge with ahorse,
carriage or other vehicle in a faster gate than a walk, shall
be subject, for each and every offence, to a fine of five
dollars, to be recovered before any justice of the peace in
the county of La Salle * Provided^ that a copy of this sec-
tion be placed in a conspicuous place at each end of said
bridge.
§ 7. If any person shall wilfully or negligently do or
cause to be done any injury to said bridge, the person or
persons so offending shall forfeit and pay to the proprietor
or proprietors three times the amount of such injury, to be
recovered by action of debt or action on the case before
any justice of the peace or other court having jurisdiction
of the same.
§1 8. The said bridge shall be deemed a public high-
way within the meaning of the laws providing for the pun-
ishment of persons injuring, obstructing or destroying pub-
lic highways or bridges, in any manner or by any means
whatever.
§ 9. This act to be in force from and after its passage.
Approved February 11, 1853.
In force Feb. 8, AN ACT to authorize the construclion of abridge across the Kaskaskia
1853. river.
Section 1. Be it enacted by the people of the state oj
Illinois^ represented in the General tdssembly, That William
H. Bennett, Charles Dunbach, William Kraft, Isaac John-
son and John T. Lemon, and their successors and assigns,
be and they are hereby created a body corporate and ])nl-
itic, under the name and style of "The Athens Bridge
Company," and under such name and style may contract
and be contracted with, sue and be sued, plead and be im-
pleaded, in all courts and places where legal proceedings
are had: to have and use a common seal, and change the
same at pleasure, and to have and exercise all the powers,
privileges necessary to carry into effect the objects ol
this act.
§ 2. The officers of said company shall consist of five
directors, who shall have the management and control ol
the affairs of the company, and shall be elected by the
stockholders of said company, at such time and place as
603 1863.
said company shall direct. Said directors may appoint a
president, secretary and treasurer, and such other officers
as may be necessary. The persons named in the first sec-
tion of tliis act shall be and constitute the directors of said
company for one year after the passage of this act, and
until their successors are appointed.
§ 3. The capital stock of said company shall be three cupiui stack.
thousand dollars, which may be increased, from time to
time, by a vote of a majority in interest of the stockholders,
at their annual meeting, or at any special meeting which
may be called for that purpose by the directors of said
company, to any sum not exceeding the entire amount ex-
pended on account of said road; which stock shall be di-
vided into shares of twenty dollars each — each share enti-
tling the holder thereof to one vote in all meetings of the
stockholders. Said stock shall be deemed personal pro-
perty, and shall be collected and made transferable upon such
creditors [conditions] as the said company shall direct. Said
company is hereby authorized to open books of subscrip-
tion, and therein to secure the subscription of all persons
desirous of becoming stockholders in said company.
§ 4. Said company or tlje directors thereof shall haveBy-iaws.
power to pass all necessary by-laws and rules for the gov-
ernment of said company, and for the maintenance and
disposition of i>ts property, not inconsistent with the con-
stitution and laws of this state, or of the United States,
and the same to alter or repeal at pleasure.
§ 5. Said company are hereby authorized to build and
maintain a toll-bridge across the Kaskaskia river at or
near the town of Athens, on section twenty-eight (28,)
township two (2) south, range seven (7,) west of the third
principal meridian, in the county of St. Clair ; to purchase,
hold, take and transfer all the real estate necessary for car-
rying out the purposes of this act, and to erect and main-
tain gates, as well as house (ir houses, at either end of said
bridge, for the collection of toll; which toll shall not exceed
twenty cents ; for a vehicle drawn by two horses, fifteen
cents : for a vehicle drawn by one horse, ten cents ; for a
man and horse, three cents, and tliree cents for each head
of neat cattle or hogs or sheep, and for every additional
horse in harness, five cents.
§ 6. The said company are hereby empowered to a c- Right of way,
quire the right of way, not exceeding one hundred feet
wide, from the termination of said bridge to the nearest
public road or roads; and in case the company cannot
agree with the owner or owners of the land for the right
of way to the main leading road or roads, so as to connect
said road or roads with said bridge, for the damages for
the right of way as aforesaid, then and in that case it shall
be lawful for said company, or their agent or superinten-
1853. 604
dent of the work, to proceed to ascertain the damages the
owner or owners of said land or lands will sustain by the
erection of said bridge thereupon, or the right of way as
aforesaid, in the same way and manner, in all respects
whatever, as is provided by chapter XCII, entitled "Right
of way," of Revised Statutes, Illinois, approved March
3rd, 1845; the per::ons assessing said damages to take
into consideration the additional value of said lands by the
construction of said bridge and way; and when the dam-
ages so assessed shall be paid by the company the right
of way, to the extent therein required, and the site for
the bridge shall be vested absolutely in said company, their
successors and assigns forever, for the purposes aforesaid;
and tlie assessments of said damage, with a plat and dis-
cription thereof, shall be recorded in the recorder's office
of the county of St. Clair.
Piers. § 7. The said company are empov/ered to erect as
many piers of stone or other material in the bed of said
river as may be necessary for the support and construction
of said bridge. Said company shall, in the erection of said
bridge, construct a draw thereon, over the main channel of
the river, not less than fifty (50) feet wide, so as to admit the
ready passage of all boats, vessels and other water crafts
navigating said river. The navigation of said river shall
not, in consequence of the construction of said bridge, be
injured or obstructed ; and in case the draw mentioned in
said bridge should not be so constructed as to afford a safe
and speedy passage to all boats and crafts navigating said
river, all rights and privileges herein granted to said com-
pany shall be null and void. The said bridge shall be
commenced in one year trom the passage of this act and
completed within four years thereafter.
Toll. § 8. The said company shall receive for passing over
the bridge the same rates of toll as are allowed by the
county court of St. Clair county at the ferries on said
river.
ii'pair. § 9. The said company shall always keep said bridge
in good repair, so as to admit a convenient and safe passage
for all persons and their property, on the payment of tolls.
Deemed public § 10. The Said bridge sliall be deemed a public high-
highway. ^g^y within the meaning of the laws providing for the pun-
ishment of persons obstructing, injuring or destroying
public highways or bridges in any manner or by any means
whatever.
mmages. §11- If any person shall wilfully or negligently do or
cause to be done any injury to said brUlge, the person or
persons so offending shall forfeit and ; ay to the said com-
pany double the amount of such injury, to be recovered by
605 1853.
action of debt, before any justice of the peace or other
court having jurisdiction of the same.
§ 12. This act to take effect and be in force from and
after its passage.
Approved February 8, 1853.
AN ACT to amend an act to establish a ferry across the Kaskaskia river, In force Feb. li,
approved February 15, 1851. i^^^-
Section 1. Be it enacted by the people of the state of
Illinois^ represented in the General Assembly, That so
much of the act to which this is an amendment as provides Amendments.
that tlie county court of Clinton county shall possess the
power from time to time to establish rates of toll or fer-
riage, to be received at said ferry, and also so much of
said act as provides that the inhabitants of township one
south, of range five, west of the third principal meridian,
shall at all times be permitted to cross free of charge, be
and the same is hereby repealed.
§ 2. The power to establish rates of toll or ferriage to P(jv,er to estai<-
be received at said ferry sliall be vested in the county ^""^ ™*'^^ °* ^""'
court of Washington county, as was provided prior to the
passage of the act to v/hich this is an amendment.
This act to take effect from and after its passage.
Approved February 12, 1853.
ANACT to provide for the building of side-walks in the town of Mascoutah, in force Feb. lo,
in St. Clair county. ' i353.
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Jissembly, That it shall
be lawful for the legal voters of the town of Mascoutah, to Meetings.
hold a meeting or meetings at such time as they may think
proper, for the purpose of voting for or against a tax to
be levied on the real estate adjoining such streets, for the
purpose of building a side-walk or walks thereon.
§ 2. Notice of such meeting shall be given at least ten
days previous, by posting up written or printed notices in
three public places in said town of Mascoutah; said notice
shall state the time and place at which said meeting is to
be held, and the purposes for which the same is to be held.
§ 3. The persons attending such meeting may choose Chairman, &
a chairman and secretary from their number; estimates
Notice of meet-
ing.
1863. 606
may be made for the amount necessar)' for the building of
said proposed walk or walks, and the meeting shall deter-
mine by vote the amount of money or labor, if any, that
shall be raised for building the same ; the meeting shall
also determine the streets to be first repaired or fixed; and
ii a majority of the voters at said meeting shall vote for
said tax, the same shall be levied ; and if a majority shall
vote against such tax, the same shall not be levied. Said
tax shall be levied on such lots or parts of lots, or lots
contiguous and opposite on said street to said walk, in
proportion, to the whole number of feet adjoining, oppo-
site or contiguous to the same.
(^1 lax. § 4. The amount levied on such lots on said street
shall be certified by the chairman and secretary of said
meeting to the clerk of the county, who shall forthwith
make out a list of the same, and deliver the same to the
collector, who shall collect the same as other taxes. '
,iu.?e. § 5. Said meeting may choose a committee of three or
four persons to build said walk; and said committee, when
ciiosen, shall have full power to contract for the building
of the same, and to remove or cause the removal of all
obstructions which may hinder the completion of the same.
Said side-walks may be of wood or stone or bricks, and
shall not be less than three nor more than ten feet wide.
,i. § 6. A full and true record of all the proceedings of
such meetings shall be kept, and a copy of the same signed
by the chairman and secretary shall be filed with the clerk
of the county court within thirty days after such meeting
has been held; and it shall be the duty of said clerk to pre-
serve the same with the documents and records in his
office. In computing the taxes for said town of Mascoutah
the said walk tax shall be computed and carried out sep-
arately, and shall be collected in all respects in the same
manner provided by law for the collection of other taxes;
and the collector shall be responsible upon his bond as
such collector for such side-walk tax, and he shall pay the
said tax over to said committee upon their order, as the
money is collected.
a to pay § 7. Should any person taxed under the provisions of
this act refuse or neglect to pay the same within the time
now given for the collector to collect state and county
taxes, the lot or block shall be sold for said taxes in the
same manner as for state or county taxes, and become
forfeited in the same way : Provided always, that the pro-
prietors of said lots or blocks in said town of Mascoutah
shall have the liberty to fix and keep in order all such side-
walks upon his own lot or lots of land.
This act to be in force from and after its passage.
Approved February 10, 1853.
607 1853.
AN ACT to fix the boundaries of Princeton, in the county of Bureau. in force Feb. 12.
1863.
Section 1. Be it enacted by the people, of the state of
Illinois, represented in the General »^ssemh/i/, That the
corporate limits of the town of Princeton, in the county of ^o™''«f'^^-
Bureau, shall embrace all of section sixteen, in townsiiip
sixteen north, of range number nine, east of the fourth prin-
cipal meridian.
§ 2. The town of Princeton shall have power to lay pi.,„k mM,
out and construct a plank road through said town to the
depot of the Central Military Tract Railroad Company,
commencing at such point within the limits of said corpo-
ration as the trustees of said town shall designate.
§ 3. The trustees of said town are hereby authorized
to levy and collect a tax in the same manner provided by
law for the levying and collecting a tax for state and coun-
ty purposes, on all. the taxable property within the limits
of said town, as fixed by the firstsection of this act, to pay
for the construction of said plank road.
§ 4. The amount of tax authorized by the foregoing
section of this act shall in no event exceed the amount of
tax levied for the same year for county and state purposes.
§ 5. The power to levy and collect a tax, as provided p<,^e,t^tj,,,j,,„.
in this act, shall continue until the expense of constructing pevty.
said road shall be fully paid, and no longer.
. § 6. This act shall be submitted to a direct vote of the
inhabitants of said town qualitied to vote, at an election to
be called by the president and board of trustees of said
town, afier thirty days' notice, and to become a law if a
majority vote for it, and not otherwise.
Approved February 12, 1853.
AN ACT to establish a ferry across the Illinois river. In force F^b. 11
1853.
Section 1. Be it enacted by the people of the state of
Illinois^ represented in the General Assembly, That David
L. Hough, Champlin R. Potter and A. J. West be and they Ferry.
are hereby authorized to establish and keep a ferry across
the Illinois river at any point on section twenty-two or
twenty-three, in township thirty-three north, of range one,
east of the third principal meridian, in the county of La
Salle, during the period of twenty years from the passage
of this act.
\ \' t\v ^ft ^^•;i^^- ^.Tt' Champlin R. Potter o..pter 4.,, no-
and A. J. West be entitled to all the privileges and immu- vised statutes.
nities, and subject to all the restrictions contained in chap-
1853. 608
ter forty-two of the Revised Statutes of this state relative
to ferries and toll-bridges ; and all assessments for license,
and all taxes charged to said ferry, shall be expended and
worked out by said Hougli, Potter and West upon the land-
ings and roads leading to and from said ferry.
§ 3. Said Hough, Potter and West are hereby author-
ized to charge the rates of toll which are authorized by
law upon other ferries in La Salle county, and also to trans-
port passengers and freight, upon boats propelled by steam
or horse power, to and from said ferry to the cities of La
Salle and Peru.
§ 4. This act shall be in force from and after its passage.
Approved February 11, 1853.
£ofC3 Feb. 10, AN ACT to authorize the trustees of the North Presbyterian Church, in thi;
1853. city of Chicago, to convey certain propert5\
Section 1. Be it enacted hy the peojjle of the state of
Illinois, represented in the General Jlssembly, Tliat the
\uthoiized to present organization of the North Presbyterian Church, in
Chicago, be and the same is hereby legalized, and that S.
Lisle Smith, Samuel Howe, Andrew Blakie, C. A. Spring
and H. D. Bassett, the trustees of said North Church, be
authorized to convey to Mark Skinner lots eight and nine,
in Bussing's subdivision of block seven, in Walcott's addi-
tion to the city of Chicago, in accordance with the terras
of an agreement now subsisting, between said church and
said Skinner.
Approved February 10, 1853.
i'ey.
lu lorco Feb. 10, AN ACT to locate a state road from Waverley, in Morgan county, to Tay-
1863. lorville, in Christian county.
Section 1. Be it enacted hy the people of the state of
Illinois, represented in the General Jissemhly, That Alex-
iiLiiaskneis. ander Humphreys, of the county of Christian, James Pat-
ton, of the county of Sangamon, and Richard Nelson, of
the county of Morgan, be and they are hereby appointed
commissioners to view, mark and locate a state road from
the town of Waverley, in Morgan county, to the the town
of Taylorville, in Christian county.
'I'lmc and place § 2. The Said commissiouers, or any two of them, shall
of meeting. ^^^^ -j^ ^^^^ |.^^j^ ^f Wavcrlcy ou the first Monday in April
609 1853.
next or some day thereafter, and before entering upon the
duties assigned them by this act shall take an oath before
some justice of the peace of the county of Morgan afore-
said, faithfully to discharge the duties required of them by
this act, and shall proceed to view, mark and locate said
road, four rods wide, on the nearest and most eligible route.
§ »3. Upon such location being made the said commis- Report,
sioners, or any two of them, shall make a report of the
same to the.countj courts of Morgan, Sangamon and Chris-
tian counties aforesaid, and said courts shall cause said
road, or so much thereof as lies within their respective
counties, to be opened and kept in repair, and said road is
hereby declared to be a state road.
§ 4. The counties of Morgan, Sangamon and Christian
shall allow said commissioners, their surveyor and assis-
tants, a reasonable compensation for their service, in pro-
portion to the extent of said road in each of said counties.
Approved February 10, 1853.
AN ACT amendatory of an act entitled "An act to reduce the law incerpo- la foiceFa
rating the city of Chicago, and.the several acts amendatory thereof, into one ^^^•
act, and to amend t^e same," approved February 14thj 1851.
Section 1. Be if enacted by the people of the state of
Illinois^ represented in the General Jissembly, That the
corporate limits and jurisdiction of the city of Chicago cp^ ate
shall be and the same are hereby so extended as to em-
brace and include within the same the several tracts of land
hereafter described, which shall be deemed parts of the di-
visions of said city named i:. connection therewith, as fol-
lows :
JYorth Division. — All those parts of sections thirty-oue
and thirty-two, in township forty north, range fourteen
east, lying east of the centre of the North Branch of Chi-
cago river, and the west half of section thirty-three, in same
township and range.
South Division. — All of fractional section twenty-seven,
in township thirty-nine north, range fourteen east, and so
much of the shore and bed of the lake as lie witliin one mile
east of the said section, and all that part of section twenty-
eight, in the same township and range, lying south and
east of the South Branch of the Chicago River.
West Division. — And all those parts of sections twenty-
eight, twenty-nine and thirty, in township thirty-nine north,
range fourteen east, lying north of the South Branch of
the Chicago river and the branch thereof running west
through said section thirty.
t02]
1853. 610
§ 2. The land above described as constituting a part
of the north division of said city shall form a part of the
seventh ward ; the land above described as constituting a
part of the west division shall form a part of the fifth ward,
and the boundary lines of the first, second, third and fourth
wards of said city shall be respectively extended south
over the lands above described as constituting a part of
the south division.
ofcityeierK § 3. Hereafter it shall be lawful for the city clerk to
couple together as one tax any two or more of the taxes
levied by the common council wiiich may be general to the
whole city, or to any division thereof, and include the to-
tal amount of taxes so coupled together as one tax in all
warrants, orders of sale or other proceedings in relation to
the collection of taxes under the act to which this is amen-
datory : Provided^ that in all cases where taxes may be
so coupled together the clerk shall designate at the head
of the proper column the names and rates of the several
taxes which may be included together.
§ 4. This act shall be deemed a public act, and shall
take effect from and after its passage. So much of the act
approved February 23d, 1847, creating South Chicago
school district, as includes the lands herein described
within said district, is hereby repealed, and no tax shall
hereafter be valid upon the same by virtue of said act.
Approved February 12, 1853.
!ii force Feb. 11, AN ACT to authorize a certain person therein named to build a mill-dam
1853. across Fox river.
Section 1. Be it enacted by the people of the state of
Illinois ^represented in the General tJissemhly, That William
Hnjiddftm. Sloan, his heirs and assigns, be and hereby are authorized
to build a mill-dam across Fox river at the village of Al-
gonquin, in the county of McHenry, and to use and over-
flow the land deemed necessary in creating such dam and
water power; and in case such lands cannot be obtained
and the damages to lands overflowed arranged by agree-
ment between the parties interested therein, they may
cause such lands and damages to be appraised and assessed
from time to time under the provisions of an act entitled
"An act to amend the law condemning right of way for
purposes of internal improvement," approved June 22d,
1852. This act to effect and be enforced from and after
its passage.
Approved February 11, 1853.
611 188S.
AN ACT to incorporate the Waukegan Mutual Insurance Company. in force Feb. a.
1853.
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General .Assembly, That from
the time this act shall take effect, Warren Smith, Harlow corporaton..
P. Smith, William C. Tiffany, Daniel O. Dickinson, Isaac R.
Lyn, Clark W. Upton, Lorenzo Hinkston, Welcome A. Ed-
dy, Reuben D. Dodge, Hurlburt Swan, James McKay and
Henry W. Blodgett, and all other persons who may here-
after associate with them in the manner herein prescribed^
shall be a body politic and corporate, in the name of "The
Waukegan Mutual Insurance Company."
§ 2. The corporation hereby created may become a By-iaws.
party to suits at law ; may make by-laws not inconsistent
with the any existing laws of this state for the regulation
of its affairs, and have and use a common seal, and alter
the same at pleasure ; and in addition to these general pow-
ers, shall have authority by instrument, under seal or oth-
erwise.
1st. To make insurance on all descriptions of property
against loss or damage by fire.
2d. To make insurance on all descriptions of boats and
vessels, the cargoes and freight thereof, and in bottomry
and respondentia interest, against the perils of marine or
inland navigation.
3d. To cause themselves to be insured against any risk
which they have under insurance.
§ 3. All the corporate powers of said company shall be corporate pow<r»
exercised by a board of directors, consisting of nine per-
sons, all of whom shall be citizens of the state, and such
officers, clerks and agents as said board may appoint. The
directors shall hold their offices for two years, and until
others are elected. They shall elect from their own body
a president and vice president, who shall each hold their
offices during the aforesaid term of two years, and until
others are elected ; but nothing herein shall be construed
as to prevent a director or other officer, whose term has
expired or is about to expire, from being again eligible.
Five members of said board shall constitute a quorum for
the transaction of business. The persons named in the
first section of this act, or such of them as shall accept of
said office, shall constitute the first board of directors.
§ 4. The board of directors shall have power to fill any vacanoies.
vacancy that may occur in their own body — a plurality of
votes constituting a choice. They shall also choose, in the
same manner, previous to the biennial election of directors,
three inspectors of such election, whose duty it shall be to
canvass the votes cast thereat, and declare the result.
The said inspectors shall also be judges of the qualification
of voters. Notice of such election shall be given by pub- \
1853.
612
Open book
ceive
cations,
Premliim notes.
Stock policies.
lication in one or more newspapers pub Ished in Waukegan,
at least two weeks previous thereto, over the signature of an
officer of the company.
§ 5. Every person or firm taking a policy of insu-
rance from the said company shall thereupon become a
member thereof, and shall, at all elections of directors there-
after, be entitled to vote upon his or their dividend : cer-
tificates issued as hereinafter provided, in the ratio of one
vote for each ten dollars of such certificate: Provided^ that
if any such election shall be held in accordance with the
provisions of this act previous to the first dividend of profits,
each member of said company shall be entitled to vote
thereat in the ratio of one vote for every five dollars of pre-
mium previously paid to the company : Jlnd provided^ that
no person or firm shall be entitled to more than fifty votes,
except as provided in section eight of this act.
§ 6. It shall be the duty of the corporators named in
appiica- ^^ ^j.g|- section of this act, or any number of them not less
than five, within three years after this act takes effect, to
open books to receive applications of insurance to be ef-
fected by said company ; and after the receipt of applica-
tions to the amount of ten thousand dollars, the books may
be closed and the company organized.
§ 7. All premiums upon policies issued by said com-
pany shall be paid in cash when the insurance is effected,
(except as is provided in section eight of this act,) and the
premiums so paid shall thereafter be withdrawn, but re-
main liable for all losses and expenses incurred by said
company.
§ 8. For the better security of policy holders, the said
company may receive notes of premiums in advance, ap-
proved by the board of directors, from persons intending
to receive its policies ; and on such portions of said notes
as shall exceed the amount of premiums that may have
accrued on policies held by signers thereof at the succes-
sive periods when the company shall make up its annual
statement, as hereinafter provided, a compensation may be
allowed the signers thereof in consideration of such guar-
anty, at a rate to be determined by the board of directors,
but not to exceed seven per cent, per annum. Such notes
shall be entitled to representation at elections of directors
in the same ratio as dividend certificates, and shall be lia-
ble for losses whenever the cash premiums theretofore re-
ceived are insufficient to pay the same : Provided, that
assessments so made on such notes shall be reimbursed
from the funds of the company before any dividend of
profits shall be made.
§ 9. It shall be lawful for said company to issue stock
policies, so called, to persons not desiring to participate in
the profits or losses of the company ; and all gains or losses
613 1863.
on such policies shall be passed to the account of profit or
loss on the books of said company.
§ 10. It shall be lawful for said company to invest their imest luku.
funds in bonds and mortgages on unincumbered real estate
worth fifty per cent, more than the sum loaned thereon, and
in any stocks created by or under the authority of the Uni-
ted States or of this state, and on bottomry or respondentia
bonds or otherwise, at the discretion of the board of direc-
tors, and to change and reinvest the same.
§ 11. By the first day of February, 1853, and annually statement ui af-
thereafter, the officers of this company shall cause a true -'*'''*■
statement of its affairs to be made. They shall estimate
the profits, if any, that have accrued on the policies during
the current year ending the 31st day of December last pre-
ceding, and issue certificates thereof to the holders of such
policies in proportion to the amount of premium paid by
each. Such certificates shall bear an annual interest of
six per cent., and shall be redeemed whenever the accu-
mulated profits shall exceed fifty thousand dollars, so far
and as fast as the same can be redeemed by such excess;
certificates for the first year's profits taking priority, and
so on, thereafter, in regular succession. Nevertheless,
each such certificate shall contain a proviso, that the sum
therein named is liable for future loss at any time previous
to its redemption, as provided in the seventh section of this
act.
§ 12. The anliual statements, as aforesaid, shall be fullPuM^ou
and complete, and shall be published in one or more news-
papers in said town of Waukegan, for two weeks after the
same shall have been made, and on slips, copies of which
shall be delivered to the members on request.
,^ § 13. Suits at law or in equity may be prosecuted andsuus.
maintained by any member against said corporation for
losses and damages insured against by them if payment is
withheld more than sixty days after the same shall have
been duly proven up; and any member of the company, not
being, in his individual capacity, a party therein, shall be
deemed a competent witness in any suit against the com-
pany. All process against the company may be served
upon the president or secretary.
§ 14. 'The office of said company shall be located at office.
Waukegan, in the county of Lake, but nothing herein shall
be so construed to prevent said company from appointing
agents to take risks and issue policies at any other place in
this state, or any other slate in which said company deem
it for its interest to establish such agency.
§ 15. This act shall take effect and be in force from and
after the first day of March next after the passage hereof, and
1853.
614
continue in force for the period of fifty years from said
time. This act shall not be so construed as to confer up-
on said company any banking privileges.
Approved February 3, 1853.
'" ''^185^^''' ^°' -^^ ^^^ *° authorize the drainage of lands, and the constructiou of dykes,
embankments and roads in township 1 and 2 north, of range 9 and 10,
west of the third principal meridian, in St. Clair county.
Section 1 . Be it enacted hy the people of the state of Illi-
nois, represented in the General Jissemhly^ That Vital
corporatora. Jarrot, Henry Ames, William Waddingham, Joseph Palmer,
Edwin S. Condit, Lambert Boneau, and their associates
and their successors, be and are hereby created a body
politic and corporate, by the name of "The American
Bottom Board of Improvement," with power to contract
and be contracted with, sue and be sued, to own real
estate, either by gift or purchase, and to sell and convey
the same. Said company shall have a common seal, which
they may alter and renew at pleasure. Said company shall
have power to make by-laws, rules and regulations, not
inconsistent with the laws of the land, which shall be bind-
/ ing upon said company, and all persons having business
with or interest in the business of said company.
Open boobs. § 2. The Said Vital Jarrot, Henry Amcs, William Wad-
dingham, Joseph Palmer, Edwin S. Condit, Lambert Bo-
neau, or a majority of them, shall meet on or before the
first day of May next, at some place within said district
to be embanked and drained, and shall proceed to open
books of subscription to the capital stock of said company,
and whenever the sum of fifty thousand dollars shall have
been subscribed, and ten per cent, paid in upon said stock,
the said stockholders shall, after ten days' notice in a paper
printed in the county of St. Clair, and in the city of St.
Louis, meet and elect directors for the management of the
affairs of said company : Provided, that said directors so
to be elected shall not be more than seven, and from which
number they shall elect a president and treasurer, who
shall be the acting officers of said company. After the
election of said directors, the corporators shall hand over
to them all books and papers, money and property belong-
ing to said company. And all future elections of said di-
rectors shall be at such time as may be provided for in
said by-laws : Provided, that at all elections in said com-
pany every share shall be entitled to one vote, and said
share may be represented by proxy.
615 1853.
§ 3. Said company is hereby authorized and empow- Powers.
ered to survey, locate, construct and complete dykes,
ditches, embankments, culverts, roads, bridges, guard
locks and dams, to change, clean out obstructions in or
widen the channel of any creek, and to keep the same in
repair, over, through or across any lands lying witiiin said
townships 1 and 2 north, range 9 and 10 west, in Saint
Clair county, and shall have power to locate and construct
their works over, under and across any public road, rail-
road or plank road which now is or may hereafter be laid
out and constructed in said territory; and for such purpose
shall have the right of way upon, and may appropriate to
the uses and purposes contemplated therein, all the lands,
stone, timber and materials of every kind, necessary for
the location, construction and alteration of said dykes,
ditches, embankments, culverts, bridges, locks and roads,
and for the maintenance and repairs of the same.
§ 4. Said company shall have power to condemn lands Right of way.
and materials for the purpose of the construction of said
works, and for the purpose of keeping the same in repair
in the mode and manner now provided by law for obtain-
ing the right of way, approved March 3, 1845: Provided,
that any appeal from such condemnation shall not hinder
the use and occupancy of tlie said land so condemned,
upon the said corporation giving security, to be approved
by the clerk of the court to which said appeal is taken,
to abide by and pay such damages as may be assessed
against said company.
§ 5. Said company may fix the amount of their capital Capital sijck.
stock at the sum of two hundred thousand dollars, and the
same may be divided into shares of fifty dollars each, and
said shares shall be deemed personal property, and trans-
ferable in such mode and manner as said company by their
i)y-laws may provide.
§ 6. The said corporation sliall have pov/er to borrow Borrow money-
money and issue bonds convertible into stock, at the op-
tion of the holders thereof, and as security therefor to ex-
■ecute a mortgage upon their works and franchises \ Pro-
vided, said bonds shall not bear more than eight per cent,
interest, and shall contain a clause making them redeem-
able after five years from the date thereof. And if any of
said bonds shall be sold for less than par, the same shall be
as valid and binding upon said corporation as if tliey had
been sold at their par value.
§ 7. That for the purpose of meeting any interest xm.
upon the capital invested in the construction of th-e em-
bankments and drainage of the lands, and all interest ac-
«ruin , upon the bonds issued by the company, tlier« shall
be annually levied and collected, in the mode hereinafter
jprovided, a tax upon said lands, so embraced within saia
1853. 616
embankments, and all others in St. Clair county directly
benefitted by said drainage ; which said tax shall not be
greater than will meet an amount sufficient to pay eight
per cent, upon the capital so invested and bonds issued.
The expenses of management and the annual necessary
repairs to the works, when completed, after the applica-
tion of any profits arising from said works, if any such
there be, and the proceeds of said taxation, shall be ap-
plied to no other purpose, and any balance remaining over
from any one year shall be carried forward as a credit to
the next.
K.iutan.id-- § 8. Said company shall make out and deliver to the
xeitocoiicct.,rgQ|}gg|-Qj. gf gt. Clair county annually, a list of all persons
and property within said embankments and benefitted by
said drainage, together with a statement made under oath
of the treasurer of said company, of all moneys expended
or borrowed for the construction and repair of said works ;
and also, the necessary annual expenses of the manage-
ment of the same; and it shall be the duty of the state and
county collector to place upon the state and county assess-
ment, and in addition tliereto, such sum per cent, as will
pay the expenses and interest hereinbefore reserved, the
same being assessed upon the lands in proportion to their
last assessment of taxable property within the county of
St. Clair, and which said taxation shall be collected at the
same times and places as said state and county taxes are
collected, and in the event of non-payment, the same rights
and privileges, liens and remedies that are now in force or
shall be made obligatory by law for the collection of state
and county taxes, shall be applicable to the collection of
said special tax, and the same judgment shall be obtained,
and tlie same privileges and obligations shall be imposed
upon purchasers and owners as by law are applicable to
lands sold for the non-payment of taxes, and all deeds ex-
ecuted by the sheriff' on a sale of such lands for taxes,
under the provisions of this law, shall be received in all
courts of justice and elsewhere as evidence of the same
facts now evidenced by the sheriif 's deeds under the rev-
enue laws of this state.
ajuea. § 9- Whenever a majority of the landholders within
the boundaries of said embankments shall determine by a
vote of the same to payoff" said lien, or any part thereof,
upon the lands, and shall so decide, then it shall be the
duty of the directors of said company to place on the list
for taxation such per cent, as may be voted to be col-
lected by the state and county collector, in addition to
such sum as is before reserved.
§ 10. Upon repayment by taxation, as hereinbefore
provided, of the principal so invested, and all interest t lat
may be due for the drainage and embankments of lands.
617 1863.
the said works, and all the property of said corporation,
shall become the property of the owners of lands so taxed
for the purchase, subject to all existing contracts and lia-
bilities, and shall thereupon be managed and controled by
the county court of St. Clair county, who shall thence-
forth, by the revenues thereof, and such additional taxation
upon the lands benefitted and improved as may be neces-
sary for the purpose, keep the same in good repair and
preservation.
§ 11. The collector of St. Clair county shall make connector execuu
and execute to said company a good and sufficient bond
for the faithful collection and payment over of said tax
over to said company, and it shall be his duty to pay over
to said company the taxes so collected from time to time^
as the same may come into his hands, and he shall be
allowed the same compensation as he is now allowed for
the collection of state and county tax.
§ 12. Said commissioners shall have full power and oifar out Prairw
I 1 1 iii'pijii, DuPontcreefe.
authority to clear out and remove all drifts, dams and other
obstructions in the channel of Prairie Du Pont creek,
from the point where it enters the bottom lands to its mouth,
and to straighten the same and enlarge its channel so as to
vent the water which may be turned into it by draining the
lands herein referred to, and shall have full power and
authority to clear out like obstructions and remove the
same from the Cahokia creek, in townships two and three
north, of ranges nine and ten west, and to enlarge and
change its channel in such manner as may by them be
deemed necessary to carry out the objects and intents of
this act : Provided^ that when any ditches or dykes shall
be constructed across a public road, the same shall be con-
veniently bridged so as not to interrupt or interfere with
the travel upon said road.
§ 13. Whenever a majority of the resident owners of land
in any township in Madison, Randolph or Monroe counties
in this state shall wish to avail themselves of the privileges
and powers in this act contained, they may present a peti-
tion to the county court of their respective counties, ask-
ing to be incorporated, and praying the court to appoint
not less than five persons as drainage commissioners in
such district; and such courts if satisfied that a majority of
the resident land-holders as aforesaid, within the district
desiring to avail themselves of this act, have petitioned for
the same, the said court shall appoint the five commissioners
recommended in said petition, who shall thereafter have,
use and exercise all the powers, rights and privileges con-
ferred by this act, so far as the same may be applicable to
their localities.
1853. 618
§ 14. This act to be in force from and after its passage,
to be held and taken as a public act, and to be liberally
construed to carry out the purposes and intents of the
same.
Approved February 10, 1853.
JOINT RESOLUTION
JOINT RESOLUTION granting J. M. Peck duplicate copies of certain ^^ fo^^^j^-^aii. ?l
documents destroyed by fire.
Whereas J. M. Peck, of the county of St. Clair, has set Preamble,
forth, by petition, that he is engaged in writing books
pertaining to the state of Illinois, and to aid him in this
work, the general assembly, at the session of 1833, by
joint resolution of the senate and house of representa-
tives, granted him a copy of each of the laws, journals,
reports and other documents published by the state,
which he had received regularly until 1843, a portion of
which was destroyed by fire on the 18th day of Novem-
ber, 1852 ; therefore —
Resolved by the House of Bepresentatives^ the Senate con-
curring herein, That the secretary of state be authorized Duplicate copy.
to furnish said J. M. Peck, in addition to one copy of each
of the laws, journals, reports and other documents to which
he is entitled by the resolution, a duplicate copy of each
private document he has lost by fire, where surplus copies
exist, and which may not be wanted for the use of the state.
Approved January 31, 1853.
DEPARTMENT OF STATE, )
Springfield, niinois. )
I, Alexamder Stahnk, Secretary of State, of the state of Illinois, hereby certify the
foregoing to be true and perfect copies of the enrolled laws deposited in this office; the
printed words in brackets, thus [ ], in the several laws in which they occur, not being in
the enrolled laws, but are introduced in the printed laws for the pfurpose of correcting and
explaining the same.
In testimony whereof I have hereunto subscribed my name, at Springfield, this 10th day
of September, 1853.
ALEXANDER STARNE,
Secrttary of StaU.
INDEX
A.
Academy, Sullivan, incorporated, - 459
Peoria Female, - - 506
Gfepn Bush Union, - 519
Agricultural Society, Calhoun County, 414
McLean County, - '- 422
Sangamon County, - - 423
Alexander county, county court to
erect jail, - - 463
Allen, W. H., and others, authorized to
keep ferry, - - 478
Alton, charter of ciiy of, amended, - 571
Alton Hibernian Benevolent Society,
incorporated, - - 518
Alton and Woodburn Plank Road, - 322
Allenton, town of vacated, - -503
American Bottom Plank Road, for the
relief of, - - 159
American Bottom Board of Improve-
ment, - - 614
Appropriation, to libraries supreme
court, - - 448
to Noab Johnson, - - 448
to A. Lincoln, - - 44S
to R. E. Goodeil, - - 448
to Osman, W. & M., - 522
toScripps& Bross, - 523
Aurora, town of, incorporated, - 355
Branch Railroad, charter amend-
ed, - - - 465
town of, inhabitants taxed for
school purposes, - - 481
B.
Batavia Institute, incorporated, - 548
Babcock, Chas. H., pre-emption right
to, - - - 582
Beardstown and Petersburgh Railroad.
See Incorporations, - 31
Belleville, Eastern Extension Railroad
Company, - - 108
amd Murphysboro Railroad Com-
pany, - - 115
Water Company, incorporated, - 206
and Richmond Plank Road Com-
pany, - - 288
additional powers granted fo, - 566
Bishop Hill Colony, - - 328
Big Vermilion River, bridge across, - 601
Blodgett, Henry W., to pay, for servi-
ces, - - - 441
Blair, Thomas P., name changed, - 480
Bloomington, and Pekin Railroad Com-
pany, - - 58
and Wabash Valley Railroad
Company, incorporated, - 170
" charter amended, - 175
City Hotel Company, -437
alley in, vacated, - - 502
Boone County Mutual Insurance Com-
pany, - - 373
Brooks, John W., relief of, - 461
Brink, John, relief of, • -493
Breckenridge, R. P., relief of, - 513
Browse, George, will of, - - 578
Burns, Mary Ann, change name, - 479
Burlington Bridge Company, - 553
c.
Carlinville Cemetery Association, - 455
Carlinville, town of, incorporated, - 135
Carlyle, town ot, incorporated, - 275
Calhoun County Agricultural Company, 414
Cairo Cemetery, incorporated, - 544
Canal, Fevre River and Portage, - 41xi
Scott County, - - 495
Canton, charter amt'nded, - - 574
Centreville and lilinoistown Plank
Road, - - 567
Centreville, town of, name changed, - 479
Central Lodge, Free and Accepted Ma-
sons, ... 521
Central Military Tract Railroad, act
supplemental to, - - 538
Cemetery, Morris, - - 451
Howard, - - 403
Carlinville, - - 455
UnioLi, - - - 475
Cairo, - - . 544
Green Mound, - - 545
Lockport, - - 548
Oak Woods, - - 550
Chicago, and Calumet Plank Road. See
incorporations, - - 9
and Milwaukee Railroad Compa-
ny, charter amended, - f]
[ii]
INDEX.
101
340
574
Chicago, Sterling and Mississippi Rail-
road Company, incorporated, -
St. Charles anil Mississippi Air
Line Railroad. See St. Charles
Branch Railroad Company, - 128
Philharmonic Society,
Southwestern Plank Road Com
pany, amendment,
wharfing privileges,
and Mississippi Railroad Compa
ny, capital increased,
city charter, amended, - 60S
Charleston Lodge, Free and Accepted
Masons, - - 515
Cities, Warsaw, incorporated, - 141
Knoxville, incorporated, - 222
Waukegan, incorporated, - 262
Ottawa, incorporated, - 396
Hutsonville, ii.corporated, - 330
City Mutual Insurance Company, - 362
Clarks' Exchange Banks, consolidated, 539
College, Knoxville, incorporated, - 553
Compher, Wm., tor the relief of, - 440
Cook County, relief 01 treasurer, - 439
Cunningham, John M., for relief of, - 494
D.
Decatur, and Danville Railroad Compa-
ny, incorporated, - 93
and' Indianapolis Railroad Com
pany. See Incorporations. - 127
and Pekin Railroad Company.
See Incorporations, - I34
Dixon, town of, incorporated, - 253
Dickerson,H. C, relief of, - 494
Dutcher, E. W., relief of the securities
of, - - - 492
E.
Eastwood, Reuben, restored to citizen-
ship, - - - 489
Edwardsville, town of, incorporated, - 257
Ellis, Richard, released from judgment, 488
Effingham Steam Mill Company, incor-
porated, - - 514
Elizabethtown and Benton Plank Road
Company, - - 292
Elmore, John, relief of securities of, - 439
Essex, town of, created, - - 160
Evangelical Lutheran Synod of Illi-
nois, - - - 424
Evangelical Lutheran Institute, charter
amended, - - 425
Ferry, across Ohio river, -
Wiggins, incorporated,
across Mississippi river,
589
193
• »523
• 528
PAGE.
Ferry, across Illinois river, 535, 607
same - 538
across Kaskaskia river, - 540
across Mississippi river, 581,588,
across Mississippi river, in Hen
derson county,
Fevre River and Portage Canal Com
pany,
Fisher, S. K., to build dam,
Fowler, Wm. L., authorized to collect
back tax,
Fort Wayne and Chicago Railroad
Company,
Fox River, dam across,
Franklin and Perry County Plank Road
Company,
G.
Galena, and Mississippi Intersection
Railroad Company,
and Chicago Railroad, charter
amended,
and Mineral Point Railroad, in-
'coiporrtted,
and Southern Wisconsin Rail-
road Company, charter amen^
ded,
and Southern Wisconsin Rail-
road company, incorporated, -
Theological Seminary,
city charter, amended,
Genneseo Manual Labor High School,
name changed,, -
Great Western Railroad Company. See
Sangamon and Morgan Rail-
ro.id Company, -
Great Western Mail Route, location
changed,
Grafton, town of, incorporated,
Grundy and Kendall Plank Road Com-
pany,
Grand Royal Arch Chapter,
Gray, James, authorized to establish, -
Green Bush Union Academy, incorpo-
rated.
Green Mound Cemetery, incorporated,
596
412
583
- 450
105
610
317
42
92
166
- 175
274
474
130
537
239
343
402
485
519
545
H.
Hancock county, authorized to vote on
township organization, - 486
Hartford, town of, vacated, - 487
Hancock Railroad and Bridge Com-
pany, - - 427
county, relief of treasurer of, - 439
Harrison Draw Bridge Company, v - 428
Hanchett, J. H., and associates, to build
bridge, - - 563
Havana, town of, incorporated, - 586
Hamilton, Will county, more effectu-
ally to incorporate, - 698
INDEX.
[iii ]
Henry, Caledonia, Ma^jnolia and Cen-
Plai.k Road, - - 185
Hennepin, street vacated in, - 501
Holland, John A., and others, form coi-
poration, - - c24
Howard Cemetery Association, - 453
Horram, Daniel, establish lerry, - 534
Hutsoriville, incorporated,- - 330
Humphreys, Alexander, - - 608
Illinois, and Wisconsin Railroad, - 287
St. Andrew Society, - 290
Wesleyan University, - 324
Liberal Insiitute, incorpoiated,- 477
River Bridge Company, at Ot-
tawa, - - 525
River Bridge Company, at La
Sallej - - 588
College, charter amended, - 575
Industrial League of Illinois, incorpo-
rated, - - 514
Insurance Company, Northwestern, - 583
Waukegan Mutual, - 611
City iMutual, - - 362
Woodstock, - - 366
Westtrn Marine and Fire, - 370
Boone County Mutual, - 373
Stephenson County Mutual Fire, 376
Miners', - - 384
Quincy Savings, - - 389
Mutual Security, - - 393
Incorporations, Petersburg and Spring-
field Railroad Company, - 3
Chicago and Calumet P. auk
Road Company, - - 9
Sprinsfield and Pekin Railroad
Company, - - 12
Southern Illinois Railroad Com-
pany, - - 15
Macomb, Vernon and Bath Rail-
road Company, - - 20
Jackson County Coal and Rail-
road Company, - - 26
Beardstown and Petersburg Rail-
road Company, - - 31
Jacksonville and Rock Island
Railroad Company, - 34
State Line and Mississippi Rail-
road Company, - - 39
Galena and Mis-issippi Intersec-
tion Railroad Company, - 42
Mendon Branch Railroad Com-
pany, - - 44
Peoria and Bureau Valley Rail-
road Company, - - 48
Jacksonville and La Salle Rail-
road Company, - - 53
Bloomington and Pekin Railroad
Company, - - 58
Terre Haute and York Junction
tion Railroad, - - C3
Incorporations, Rockton and treeport
Railroad Company,
Mississippi and Wabash Railroad
Comp-ciny, - - 73
Springfield and Carlyle Railroad
CompanJ', - - 79
Rockton, State Line and Missis-
sippi Railroad, - - 86
Chicago andMilwaukie Railroad
Company, - - 90
Decatur and Danville Railroad
Company, - - 93
Pekin, Canton and Macomb Rail-
road Company, - 94
Western Air Line Railroad Com-
pany, - - 95
Chicago, Sterling and Mississippi
Railroad Company, - 101
Fort Wayne and Chicago Rail-
road Company, - - 105
Belleville Eastern Extension
Railroad Company, - 108
Belleville and Murphysboro Rail-
road Company, - - 115
Madison and Clinton Railroad
Company, - - 122
Decatur and Indianapolis Railroad
Company, - - 127
Waverley and Auburn Railroad
Company, - - 128
St. Charles Branch Railroad
Company, - - 128
Sangamon and Morgan Railroad
Company, - - 130
Terre Haute and Alton Railroad
Company, - - 133
Decatur and Pekin Railroad
Company, - - 134
Carlinville, town of, -135
Warsaw, city of, - - 141
Warsaw and Port Byron Rail-
road, - - 156
Essex, town of, created, - 160
Randolph Plank Road, - 161
Waukegan and Antioch Plank
Road, - - 163
Galena and Mineral Point Plank
Road, - - 166
Bloomington and Wabash Valley
railroad, - - 170
Pekin Plank Road Company, - 179
Springfield and Richland Plank
Road Company, - 181
Henry, Caledonia, Magnolia and
Central Plank Road Company, 18§
Galena and Southern Wisconsin
Railroad Company, - 189
Wiggins Ferry Company, - 193
Paris, town of, - - 199
Belleville Water Company, - 206
Marshall, town of, - 212
Lockport, village of, - 216
Knoxville, city of, - - 222
[ iv]
INDEX.
Incorporations, town of St. Charles, - 232
Grafton, town of, - - -'39
Murphysboro and Grand Tower
Plank Road Company, - 243
Seneca Plank Road Company, - 244
Woodford County Plank Road
Company, - - 249
town of Dixon, - - "-'53
Edwardsville, town of, - 257
Waukegan, city of, - 262
Carlyle, town of, - - 272
Galena Theological Seminary, - 274
Morris, town ot, - -277
Springfield, Athens and Havana
Plank Road, - - 284
Rock Island and Moline Plank
Road, - - 286
Belleville and Richmond Plank
Road Company, - - 288
Illinois St. Andrew Society, - 290
Elizabettitown and Benton Plank
Road Company, - - 292
Springfield and Taylurville Plank
Road Company, - - 294
Ottawa, city of, - - 296
Franklin and Perry County Plank
Road Company, - - 317
Pekin and Fairview Plank Road
Company, - - 319
Alton and Woodburn Plank Road, 322
Illinois Wesleyaii University, - 324
Bishop Hill Colony, - 338
Railroad -Bridge Company, - 329
Hutsonville, city of, - 330
Chicago Philharmonic Society, 340
Grundy and Kendall Plank Road
Company, - - 343
Wilmington Bridge Company, - 347
Nashville, town of, - 351
Aurora, town of, - - 355
City Mutual Insurance Company, 662
Wood.stock Fire Insurance Com-
pany, - . - 366
Western Marine and Fire Insu-
rance Company, - - HlO
Boone County MutualFire Insu-
rance Company, - - 373
Stephenson County Mutual Fire
Insurance Company, - 376
Miners' Mutual Fire Insurance
Company, - - 384
Quincy Savings and Insurance
Company, - - 389
Mutual Security Insurance Com-
pany, - - 39.i
Kankakee Bridge Company, - 399
Grand Royal Arch Chapter, - 402
Rutland Bridge Company, - 405
Northern Illinois Agricultural
College, - - 407
Fevre River and Portage Canal
Company, - - 412
Calhoun County Agricultural
Company, - - 414
Incorporations, Pekin Water Company, 417
Sangamon County A'gricultural
and Mechanical Association, - 422
McLean County Agricultural
Socii^ty, . - 423
Evangelical Lutheran Synod of
Illinois, - - 424
Hancock Railroad and Bridge
Company, - - 427
Harrison Draw-bridge Company, 428
Mt. Carmel Manufacturing Com-
pany,
Ohio and Wabash Railroad,
Scott County Canal,
Oregon Union Institute,
Rockton Water Power Compan
Peoria Female AcademV;
Batavia Institute,
432
466
495
497
504
506
- 508
- 510
Quincy Gas Light and Coke Com
pany,
St. Aloysius Society of Quincy, 511
Industrial League of Illinois, - 514
Effingham Steam Mi>l Company, 514
Charleston Lodge, No. 35, of Free
and Accepted Masons, - 515
Peoria Gas Light and Coke Com-
pany,
516
Alton Hibernian Benevolent So-
ciety, - - 518
Green Bush Union Academy, - 519
Rushville Lodge, Free and Ac-
cepted Masons, - - 520
Walnut Grove Literary Associa-
tion, - - - •'521
Central Lodge, Free and Accep-
ted Masons, - - 521
Illinois River Bridge Company,
at Ottawa, - - 525
Cairo Cemetery Association, - 544
Green Mound Cemetery, - 545
Leroy Seminary, - - 547
Lockport Cemetery Association, 548
Oak Woods Cemetery Associa-
tion, - - - 550
Burlington Bridge Company, - 553
Knoxville College, - - 553
Kaskaskia River Navigation
Company, - - 556
Union Coal and Iron Company, 560
Scott Lodge, No. 79, Free Ma-
sons, - - 564
Centreville and Illinoistown
Plank Road, - - 567
Toulon Lodge, No. \)'A, Free Ma-
sons, - - 569
White Hall Lodge, No. 80, Free
Masons, - - 570
Mississippi Bridge Company, - 575
Quincy Bridge Company, - 573
Mississippi Bridge Company, at
Alton, - - 577
Northwestern Insurance Com-
pany, - - 683
town of Havana, - • 58i
INDEX.
[ V]
Incorporations, Waukegan Mutual Insu-
rance Company, -
American Bottom Board of Im
proveiueut,
. 611
614
Jackson County Coal and Railroad
Company. See Incorpora-
tions,
Jaciisonville, and Rock Island Railroad
Company. See Incorporations,
and La Salle Railroad,
Jeffries, A. S., for ttie relief of,
Joliet, city charter, amended,
Jobnson, Noah, appropriation,
K.
KanU'ak»-e Bridge Company,
Kaskaskia river, bridge and ferry
across,
Navigation Company,
bridge across,
ferry across, amendment,
Kinney, Wm, C, tor relief of,
Kendall County, to amhorize collection
of portion of revenue,
Knight, Wm H., to keep ferry,
Knox, Leanr/a, for the relief ot,
Kaoxville, city of, incorporated,
College, incorporated,
L.
Lacon, charter amended, -
Lake ecu ity, to support poor,
La Salle, Manufacturing Company,
city charter, amended,
coun'y, to borrow money,
Bridge Company,
Lawrenceville, charter amended,
Leet, Solomaii S., for the relief ot secu-
rities o!,
Leach, Alonzo, Will county authorized
to pay,
LeRoy Seminary, incorporated,
Libr.iries supreme court, appropriation,
Lincoln, A., appropriation,
Lockport, town of, incorporated,
Cemetery Association,
Lower Guilford, town of, vacated,
M.
26
35 1
58!
481 I
275 !
Madison and Clinton Railroad. See In-
corporations, - - 122
Marshall, John, to keep ft^rry, - 580
Marshall, town of, incorporated, -212
Mascoutah, side-walks in town of, - 605
, Macon House Company, - -458
Macomb, Vermont and Bath Railroad.
See Incorporations, - 27
PAGK.
McLean County Agricultural Society, 423
Mendon Branch Railroad Company.
See Incorporations, - 44
Menard, street vacated in, - . 501
Mechanics' Institute, charter amended, 411
Minicks, Noah, relief ot, - -472
Mississippi, and Wabash Railroad Com-
pany. See Incorporations, - 73
and Rock River J:inction Rail-
road Company, charter amend-
ed, - - . 573
Bridge Company, - . 575
Bridge Company at Alton, - 577
Miners' Insurance Company, incorpo-
rated, - . 384
Mitchell, S. F., to build dnm, - 579
Mill Creek, toil-bridge over, - 581
Morgan county authorized to build
court house, - - 444
Morris, town of, incorporated, - 277
Cemetery Association, - 451
acts of trustees legalized, -533
Mt. (Carbon Coal Company, act supple-
mental, - . 536
Mt, Carmel, sell lands granted as com-
mon, - . . 595
Mt. Carmel Manufacturing Company, - 432
Mt. Carroll, boundaries altered, • 579
Murphysboro and Grand Tower Plank
Road Company, - - 243
Munn, Ira Y., and George L. Scott, to
keep ferry across Illinois river, 538
Mutual Securi'y In-urance Company, - 393
Myrick, Marshall, change of came, - 485
N.
Nashville, town of, incorporated,
Naperville, street vacated in,
Name changed, Mary Ann Burns,
Centreville,
Pleasantville,
Thomas P. Blair, -
Marshall Myrick, -
Genneseo Manual Labor High
School,
John A. Smith,
Weston Smith,
I Roy W. Smith,
Mary M. Smith,
New Lexington,
I New Lexington, name changed,
I Nelson, Richard,
Noithern Cross Railroad, to facilitate
construction of part of,
Northern Illinois Agricultural College,
Northwestern Insurance Company,
North Presbyterian Church, Chicago,
authorized to convey properly.
351
502
479
479
479
490
490
490
490
491
491
608
407
583
6C8
0.
Oak Woods Cemetery Asiociation, in-
corporated, - - 550
L P2 ]
[ vi]
INDEX.
Ohio, and Mississippi Railroad Compa-
ny, charter amended, - 92
and Wabash Railroad Company,
charter amended, - - 93
River and Wabash Railroad, in-
corporated, - - 466
Oporto, town of, vacated, - -492
Oregon Union Institute, incorporated, - 497
Osman, W. & M., appropriation, - 522
Oswego, alley in, vacated, - 503
Ottawa, city of, incorporated, - 296
Hydraulic Company, - 427
alley in, vacated, - - 503
Bridge Company, - - 525
charter of town, amended, -572
Owens, Thomas H. amendment to act
authorizing to keep ferry, - 478
Paris, town of, incorporated,
Patton,J.,
Peck, J. M., duplicate to certain docu-
ments,
Pekin, charter of city amended,
Pekin, Canton and Macomb Railroad
Company. See Incorpora-
tions,
Plank Road Company, incorpo-
rated,
and Fairview Plank Road,
Water Company, -
Peoria and Oquawka Railroad, charter
amended,
Peoria and Bureau Valley Railroad.
See incorporations.
Gas Light and Coke Company,
Bridge Association, act in rela-
tion to,
Female Academy, -
Peru, charter amended,
Peoria, city charter, amended,
Petersburg and Springfield R-ailroad
Company. See Incorporations,
Pensoneau, N., to keep ferry and erect
bridge,
Plank roads, from Chicago to Calumet.
See Incorporations,
American Bottom, for the relief
of, -
Ratjdolph County, incorporated,
Waukegan and Antioch, incorpo-
rated.
Galena and Mineral Point, incor
porated,
from Pekin to east line of Taze
well county,
Springfiield and Richland,
Henry, Caledonia and Magnolia,
Springfield, Athens and Havana,
Rock Island and Moline,
Belleville and Richmond,
Elizabethtown and Benton,
Springfield and TaylorvillCj
94
178
319
417
- 513
48
516
487
506
398
- 163
- 166
178
181
ISf)
284
286
288
292
294
Plank roads, Pranklin and Perry Coun-
ty, - - 317
Pekin p,nd Fairview, - 319
Alton and Woodburn, - 322
Grundy and Kendall, - 343
Chicago Southwestern, charter
amended, - - 484
Centreville and Illinoistown, - 567
by general law, amendments, - 600
Pleasantviile, name changed, - 479
Pope county, trustees of schools, acts
legalized, - - 447
Poor, in Lake county, support of, - 464
Protestant Episcopal Church, to convey
real estate, - - 482
Prentice, Sarah B., for relief of, - 490
Pittsburgh, vacated, - - 502
R.
Randolph, County Plank Road Compa-
ny, incorporated, - 161
town of, vacated, . - 523
Rapids City, part of plat vacated, - 503
Railroads, Petersburg and Springfield,
See Incorporations, . 3
Springfield and Pekin. See In-
corporations, - - 12
Souttiern Illinois. See Incorpo-
rations, - - 15
Macomb, Vermont and Bath.
See Incorporations, - 20
Jackson County Coal and Rail-
road Company, - - 26
Beardstown and Petersburg. See
Incorporations, - - 31
Jacksonville and Rock Island, - 39
State Line and Mississippi, - 39
Galena and Mississippi Intersec-
tion, - - - 42
MenaoR Branch, - - 44
Peoria and Bureau Valley, - 43
Jacksonville and La S.ille, - 53
Bloomington and Pekin, . 63
Terre Haute and York Junction, 63
Rockton and Freeport, - 69
Mississippi an-i Wabash, - 73
Springfield and Carlyle, - 79
Chicago and Milwaukie, charter
amended, - - 90
St. Clair, charter amended, - 91
Ohio and Mississippi, charter
amended. - - 92
Ohio and Wabash, charter amend-
ed, - . .92
Chicago Union, charter amend-
ed, - - . 92
Northern Cross, to facilitate con-
struction of eastern branch, 93
Decatur and Danville, incorpora-
ted, . - .93
Pekin, Canton and Macomb, - 91
Western Air Line, - - 95
Chicago, Sterling and Mississip-
pi, - - - 101
Fort Wayne and Chicago, - 105
INDEX.
[ vii]
Railroads, Belleville Eastern Exten-
sion, - - -
Belleville and Murphysboro, -
rv.adison and Clinton,
Decatur and Indianapolis,
Waverley and Auburn,
St. Charles Brand), charter
amended,
Sangamon and Morgan, charter
amended,
Terre Hauie and Alton, charter
amended,
Decatur and Pekin, incorporated,
Bloomington and Wabash VdU
ley, incorporated.
Galena and tiouthern Wisconsin,
charter amended, -
Blooraingfon and Wabash Val-
ley, name changed, -
Southern Illinois, change name,
&c., -
Galena and Southern Wisconsin,
Illinois and Wisconsin, uct suj)-
plemental,
Aurora Branch,
Ohio River and Wabash,
Northern Cross, Qamcy author-
ized to subscribe stock to,
Warsaw and Rocuford, number
ot directors increased,
Peoria and Oquawka, charter
amended,
Railroad Bridge Company,
Revenue la^v ol Quincy, amended,
Renwick, George W., authorized to
erect bndge,
Relief, ot H. C. Dickerson,
of John M. Cunijin^ham,
of R, P. Breckenridge,
of Noah Mmicks, -
of A. S. Jeffries, -
of S. B. Prentice, -
of John Brink,
of securitres of E. W. Dutcher,
of Rockford Water-power Com-
pany, - ,
of treasurers of Cook and Han-
cock counties,
of securities of John Elmore, -
•' Soloman S. Leet,
" Wm. Compher,
of Wm. C. Kinney,
of school district ^'o. 1, town-
ship 18, range 7, in Menard
county,
of Leanna Knox, -
of John W. Brooks,
of Joseph B. Worley,
Rockton, and Freeport Railroad Com-
pany. See Incorporations, -
aid State Line and Missis; ippi
Railroad Company. See In-
corporations,
Water-power Company, incor-
porated,
Rock Island, and Moline Plank Road
Company, - - 286
and Whiteside counties, boumia-
ry line of, - - 462
Rockford, legalize incorporation, - 566
Rocklord, Water power Company, for
relief of, - - 405
River street in, defined, -528
Rock River Seminary, charter araend-
e I, - - - 507
Robinson, town of, streets vacated in, - 472
Rock River Bridge, - - .')63
Road, from Waverley to Taylorviile, - 608
Rutland Bridge Company, - 405
RushviUe Lodge, Free and Accepted
Masons, - - 520
Sangamon, and Morgan Railroad Com-
pany, charter amended, - 130
County Agricultural and Me-
chanical Association, - 422
Housf- Company, - - 456
and Morgan Railroad Company,
further time allowed, - 473
River, bridge across, - 538
Saline Coal and Manufacturing Compa-
ny, amendment, - -512
Scripps & Bross, appropriation, - 523
School lot, sale authorized, - 449
Scott County Canal, incorporated, - 495
Scott Lodge, Free Masons, incorpora-
ted, - - - .565
Seneca Plank Road Company, - 244
Seminary, Galena Theological, - 274
Le Roy, - - 547
Shawneetown and Equality Plank Road
Company, - - 573
Shawnee Coal Company, charteramend
ed, - - - 483
ShurtlifF College, amendment, - 500
Smith, John A., name changed, -490
Weston, " - 490
Roy W., " - 490
Mary M., " - 490
Simuel, keep ferry, - - 528
Southern Illinois Railroad Company.
See Incorporations, - 15
name changed, - - 177
Springfield, and Pekin Railroad. See
Incorporations, - - 12
and Carlyle Railroad Company, 79
and Richland Plank Road Com-
pany, - - 181
Athens and Havana Plank Road
Company, - - 284
Taylorviile Plank Road Compa-
ny, - - - 294
Spoon River Navigation Company, an
act to aid, - - 577
State road, to locate in Kane and Ken-
dall, - - - 442
State Line and Mississippi Railroad
Company, - - 39
[ viii^J
INDEX,
sterling, vacate part of, - - 480
State road, from Waverley to Taylor-
ville, - - - 608
St. Aloysius Society, incorporated, - 511
St. Clair, Railroad Company, charter
amended,
Turnpike road, amended,
St. Charle?, Branch Railroad Company,
charter amended, -
town of, incorporated,
Stephenson County Mutual Fire Insu-
rance Company, -
Stewart, Hart L., to pay, -
Supreme court library, appropriation,
Sullivan Academy, incorporated,
T.
Terre Haute, and York Junction Rail-
road, - - -
and Alton Railroad Company,
charter amended, -
Towns, Essex, created,
Paris, incorporated,
Carlinville, incorporated,
Marshall, "
LoclCT'Crt, "
St. Charles, "
Grafion, "
Dixon, "
. Edvvatdsville, "
Carlyle, "
Morri?, "
Marshall, «'
Aurora, "
Hav na, "
Toulon Lod£;e, No. 93. Free Masons, -
Trustees of schools^ acts legalized,
Vacate, alley, in the town of Morris, - 493
street, in Hennepin, - 501
part of street, in Menard, - 501
street, in Naperville, - 502
alley, in Bloomington, - 502
town of Pittsburgh, - 502
town of Allenton, - - 50 .'i
part Rapids City, - - 503
alley, in Oswego, - - 503
f.lley, in Oitawa, - - 503
Lower Guilford, - - 516
Randolph, - - 523
Vermilion river, bridge across, - 513
Vincent, Tristram, to dam, - 579
w.
u.
University, Illinois Wesleyan, • 324
Union, Cem-ftery, - - 475
Coal and Iron Company, - 5fi0
V.
Vacate, state road, - - 449
streets, in Robinson, - 472
part of Sterling, - - 480
Hartford, - - 487
alley, in Bloominston, - 489
part of Morgan street, in Jack-
soi.ville, - ' - 489
town of Oporlo, - 492
Waverley and Auburn Railroad Compa-
ny, -
Warsaw, city of, incorporated,
and Port Byron Railroad, incor-
porated,
^-* and Rockford Railroad,
and Augusta 1 lank Road, addi-
tional powers,
Waukegan, and Antioch Plank Road, in-
corporated,
city of, incorporated.
Mutual Lisurance Company,
Water Company, Belleville, incorpora-
ted, -■
Pekin, -
Power Company, incorporated, -
Walnut Hill Cemeteiy, exempt from
taxation,
Walnut Grove Literary Association,
Western Air Line Railroad Comjiany,
Western Marine and Fire Insurance
Company,
Whitaker, Wm., restored to citizenship,
White, Thomas M., time exteiided for
paying judgments.
White H«ll Lodge, No. 80, Free Ma-
sons, . - -
Whiteside and Rock Island counties,
bouiK^ary line of, -
Wiggins^ Ferry Company, incorporated.
Will coun y, authorized to pay Alonzo
Leach,
Wilmington, building side-walks in,
Wilmington Bridiie Company,
Worlny, Joseph B., relief of,
VVoodiord County Plank Road Compa-
ny, -
Woodstock Insurance Company,
Wren and Ballard, ferrv, -
128
141
156
481
163
262
611
206
417
504
465
521
95
370
443
490
370
402
193
492
561
347
463
249
36i
.52.3