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Full text of "Laws of the State of Illinois"

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DOCUMENTS COLL 
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SHELVED IN LAW CGLLECTION 



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. 

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. 

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. 

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 
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. 

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. 

^ 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, 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. 

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 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 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 succe