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PUIYATE    LAlS-1853. 


PRIVATE  LAWS 


THE  STATE  OF  ILLINOIS, 


PASSED    AT 


THE  FIRST  SESSION 


EIGHTEENTH  GENERAL  ASSEMBLY 


BEGUN  AND  HELD  AT  THE  CITY  OF  SPRINGFIELD, 


JANUARY  7,  1853. 


SPRINGFIELD: 

LANPHIER  &  WALKER,  PRINTERS. 


[  A  ]  1853. 


PEIYATE  LAWS 


AN  ACT  to  incorporate  the  Petersburjr  and  Sprinirfield  Railroad  Company.  lu  force 

Section  1.  Be  if  enacted  by  the  penjjle  of  the  state  of 
Illiii'jh,  reprcHentedinthe  General ./Issemhly,  That  Samuel 
Hill,  Jolin  Bennett,  Asa  D.  Wright,  Israel  Campbell,  ('.rpo-atoi 
George  U.  jMiles,  John  W.  Warnsing,  Jacob  H.  Lanning, 
Virgil  Hickox,  John  Williams,  Alexander  Stewart,  E.  L. 
Grubb,  John  S.  Wilbourn,  G.  N.  Walker,  William  Phelps 
and  Samuel  Webster,  and  their  associates,  successors  and 
assigns,  are  hereby  created  a  body  politic  and  corporate, 
under  the  name  and  style  of  "  The  Petersburg  and  Spring-  siyic. 
field  Railroad  Company,"  for  the  term  of  fifty  years,  and  by 
that  name  be  and  they  are  hereby  made  capable  in  law  and  in  General  p. 
equity  to  sue  and  be  sued,  plead  and  be  impleaded,  defend 
and  be  defended  in  any  court  of  law  and  equity  in  this  state 
or  elsewhere  ;  to  make,  have  and  use  a  common  seal,  and 
tlie  same  to  renew  and  alter  at  pleasure  ;  and  shall  be  and 
are  liereby  vested  with  all  powers,  privilege.^  and  immuni- 
ties which  are  ormay  be  necessary  to  carry  into  eflect  the 
purposes  and  objects  of  this  act,  as  hereinafter  set  forth  ;  and 
the  said  company  are  hereby  authorized  and  empowered  to 
locate,  construct  and  finally  to  complete  a  railroad  from 
the  town  of  Petersburg,  in  Menard  county,  to  the  city  ofj,^^,^ 
Springfield,  in  Sangamon  county  ;  and  for  such  purpose  the 
said  company  are  authorized,  upon  such  route  as  they  may 
select,  to  lay  out  their  said  railroad  wide  enough  for  a  sin- 
gle or  double  track  through  the  whole  length — the  width  of 
said  road  to  be  determined  by  said  corporation  ;  and  for 
the  purpose  of  cuttings,  em])ankments,  stone  and  gravel, 
may  take  as  much  more  land  as  may  be  necessary  for  the 
proper  construction  of  said  railroad. 

§  2.     The  capital  stock  of  said  company  shall  consist  ofcapitnisto 
one  hundred  thousand  dollars,  which  may  be  increased  to 
five  hundred  thousand  dollars,  to  be  divided  into  siiares  of 
one  hundred  dollars  each.    The  immediate  government  and 
direction  of  said  company  shall  be  vested  in  five  directors,  Directors. 


1853.  4 

Avho  shall  be  chosen  by  the  stockholders  of  said  company 
in  the  manner  hereinafter  provided,  who  shall  hold  their 
office  for  one  year  after  their  election,  and  until  others  shall 
be  duly  elected  and  qualified  to  take  their  places  as  direc- 
tors ;  and  the  said  directors,  a  majority  of  whom  shall  con- 
stitute a  quorum  for  the  transaction  of  business,  shall  elect 
piesuier.t.  Q,-,e  of  tlieir  number  to  be  the  president  of  the  company.  The 

said  board  of  directors  shall  have  power  to  appoint  all  ne- 
otber officers,      ccssary  clcrks,  secretary   and  other  officers  necessary  for 

the  transaction  of  the  business  of  said  corporation. 
«;„,.^.pj.  §   3.     The  said  corporation  is  hereby  authorized,  by  tlieir 

agents,  surveyors  and  engineers,  to  cause  such  examina- 
tion and  surveys  to  be  made  of  the  ground  and  country  be- 
tween said  town  of  Petersburg  and  city  of  Springfield  as 
shall  be  necessary  to  determine  the  most  advantageous 
Kiahtofway.  route  for  the  proper  line  or  course  whereon  to  construct 
their  said  railroad  ;  and  it  shall  be  lawful  for  said  company 
to  enter  upon  and  take  possession  of  and  use  all  such  lands 
and  real  estate  as  may  be  necessary  for  the  construction 
Proviso..  and  maintenance  of  their  said  railroad  :    Provided,  that  all 

lands  or  real  estate  entered  upon  and  taken  possession  of 
and  used  by  said  corporation  for  the  purposes  and  accom- 
modations of  said  railroad,  or  upon  which  the  site  for  said 
railroad  shall  have  been  located  and  determined  by  the  said 
corporation,  shall  be  paid  for  by  said  company  in  damages, 
if  any  be  sustained  by  the  owner  or  owners  thereof,  by  the 
use  of  the  same  lor  the  purpose  of  said  railroad  ;  and  all 
lands  entered  upon  and  taken  for  the  use  of  said  corpora- 
tion, which  are  not  donated  to  said  company,  shall  be  paid 
for  by  said  corporation  at  such  price  as  may  be  mutually 
agreed  upon  by  the  said  corporation  and  the  owner  or  own- 
ers of  such  land  ;  and  in  case  of  disagreement  the  price 
shall  be  estimated,  fixed  and  recovered  '\$\  the  manner  pro- 
vided for  by  the  laws  of  the  state  concerning  the  right  of 
way  for  roads,  canals  or  other  public  works. 
pfnaui.s.  §  ^-     If  any  person  shall  wilfully,  maliciously  or  wan- 

tonly, and  contrary  to  law,  obstruct  the  passage  of  any 
car  on  said  railroad,  or  any  part  thereof,  or  any  thing  be- 
longing thereto,  or  sliall  damage,  break  or  destroy  any 
part  of  the  said  railroad  or  implements  or  buildings,  he, 
she  or  they,  or  any  person  assisting,  sliall  forfeit  and  pay 
to  said  company  for  any  such  offence  treble  the  amount  of 
damages  that  shall  be  proved  before  any  competent  court 
to  have  been  sustained,  and  be  sued  for  in  the  name  and 
behalf  of  said  company  ;  and  such  offender  or  offenders 
shall  be  deemed  gniity  of  a  misdemeanor,  and  shall  be  lia- 
ble to  an  indictment  in  the  same  manner  as  other  indict- 
ments are  found  in  any  county  or  counties  wliere  such  of- 
fence shall  have  been  committed  ;  and  upon  conviction  any 
such  offender  shall  be  liable  to  a  fine  not  exceeding  five 


5  1853. 

thousand  dollars,  for  the  use  of  the  county  wliere  such  in- 
dictment may  be  found. 

§  5.  The  time  of  liolding  the  annual  meeting  of  said Ammimtrn,,:,-? 
company  for  the  election  of  directors  shall  be  fixed  and  de- 
teriained  by  the  by-laws  of  said  company;  and  at  all  meet- 
ings each  stockholder  sliall  be  entitled  to  vote  in  person  or 
by  lawful  proxy  one  vote  for  eacli  share  of  the  stock  he, 
she  or  tliey  may  iiold  buna  fide  \n  said  company. 

§  6.  The  persons  named  in  the  first  section  of  this  actt'.^;ur.ii<si..i:i.r?. 
are  hereby  appointed  commissioners,  wiio,  or  a  majority  of 
wiiom,  are  hereby  authorized  to  open  subscription  books 
for  said  stock,  at  such  places  as  they  may  deem  proper, 
and  sliall  give  at  least  tv/enty  days'  notice  of  the  time  and 
place  when  and  where  such  books  shall  be  opened,  in  some 
newspaper  printed  in  Sjiringfield,  and  shall  keep  the  said 
books  open  until  tiie  whole  of  said  capital  stock  shall  be  ta- 
ken. Said  commissioners  shall  require  each  subscriber  to  • 
pay  five  dollars  "on  each  share  subscribed  at  the  time  of 
subscribing.  The  said  commissioners  shall  call  a  meeting  ^_.,,^.j,...^..^,_ 
of  the  stockholders  by  giving  twenty  days'  notice  in  some 
newspaper  piiuted  either  in  the  county  of  Sangamon  or 
Menard  ;  and  at  such  meeting  it  shall  be  lawful  to  elect  the 
directors  of  said  company;  and  when  the  directors  of  said 
company  are  chosen  the  said  commissioners  shall  deliver 
said  subscription  books,  with  all  sums  of  money  received 
by  them  as  commissioners,  to  said  directors.  No  person 
shall  be  a  director  in  said  company  unless  he  shall  own  at 
least  five  shares  of  the  capital  stock. 

§  7.  That  the  right  of  way,  and  tiie  real  estate  purchased  Prcpiity. 
for  the  riglit  of  way  by  said  company,  v/hether  by  mutual 
agreement  or  otherwise,  or  wliich  shall  become  the  pro- 
perty of  the  compan}^  by  operation  of  law",  as  in  this  act 
provided,  shall,  u})on  the  payment  of  the  amount  of  money 
beloncring  to  the  owner  or  owners  of  said  lands,  as  a  com- 
pensation for  the  same,  become  the  property  of  said  com- 
pany in  fee  simple. 

§  8.  The  said  corporation  may  take  and  transport  upon  Tra-asponatio'i. 
said  railroad  any  person  or  persons,  merchandise  or  other 
property,  by  the  Ibrce  and  power  of  steam  or  animals,  or 
any  combination  of  them,  and  may  fix,  establish,  take  and 
receive  such  rates  of  toll  for  all  passengers  and  property 
transported  upon  the  same  as  the  said  directors  shall  from 
time  to  time  establish;  and  the  directors  are  hereby  au- 
thorized and  empowered  to  make  all  necessary  rules,  by- 
laws, regulations  and  ordinances  that  they  may  deem  ne- 
cessary and  expedient  to  accomplish  the  designs  and  pur- 
poses, and  to  carry  into  effect  the  provisions  of  this  act, 
and  for  the  transfer  and  assignment  of  its  stock,  which  is 
hereby  declared  personal  property  and  transferable  in  such 


1853.  6 

manner  as  shall  be  provided  by  the  by-laws  and  ordinances 
of  said  corporation. 

I'.wir  oi   dircc-      §   9.     The  directors  of  said   company,  after  the  same  is 

i.,rs.  organized,  shall  have  power  to  open  books  in  the  manner 

prescribed  in  tlie  sixth  section  of  this  act,  to  fill  up  the  ad- 

it.rrpaspcf  stock,  ditional  four  liundred  thousand  dollars  of  stock,  or  any  part 
thereof,  at  such  times  as  they  may  deem  it  for  the  interest 
of  said  company  ;  and  all  the  instalments  required  to  be 
paid  on  the  stock  originally  to  be  taken,  and  what  may  be 
taken  to  increase  said  capital,  shall  be  paid  at  such  times 
and  in  such  sums  as  said  directors  may  prescribe. 

vacauciM.  §    10.      In  case  of  tlie  death,  resignation  or  removal  of  t he 

president,  vice  president  or  any  director  at  any  lime  be- 
tween the  annual  elections,  such  vacancy  may  be  filled  for 
the  remainder  of  the  5"ear  in  which  they  may  ha])pen  by  the 
board  of  directors  ;  and  in  case  of  absence  of  the  ])resident 
and  vice  president  the  board  of  directors  shall  have  ])Ower 
to  appoint  a  jyresident  pro  tempore,  who  shall  have  and  ex- 
ercise such  powers  and  functions  as  the  by-laws  of  said 
corporation  may  provide.  In  case  it  should  at  any  time 
!iap[)en  that  an  election  shall  not  be  made  on  any  day  in 
which  in  pursuance  of  this  act  it  ought  to  be  made,  the  said 
cor[)oration  sliall  not  for  that  cause  be  dissolved,  but  such 
election  shall  be  lield  at  any  other  time  directed  by  the  by- 
laws of  said  cor])oration. 

i.an.isof  persons      §11-     That  whcu  the  lauds  of  any  fe?nme  covert,  persons 

non  compos,s,-c.  ^^^^q^  age,  uon  compos  mentis,  or  out  of  the  state,  shall  be 
taken  in  the  construction  of  said  railroad,  as  is  provided  by 
this  act,  the  said  corporation  shall  pay  the  amount  that  shall 
be  awarded  as  due  to  the  said  last  mentioned  owners  respec- 
tively, whenever  the  same  shall  be  lawfully  demanded,  to- 
gether with  six  per  cent,  per  annum.  That  to  ascertain  the 
amount  to  be  paid  to  the  persons  named  in  tliis  section  for 
lands  taken  for  the  use  of  said  corporation  it  shall  be  the  duty 
of  the  governor  of  this  state,  upon  notice  given  to  him  by 

;'„i»missionors.  tlic  Said  coi'poratiou,  to  apj)oint  three  commissioners,  to  be 
})ersons  not  interested  in  the  matter  to  be  determined  by 
them,  to  assess  and  determine  the  damages  which  the  own- 
er or  owners  of  the  land  or  real  estate  so  entered  upon  by 
t!ie  said  cor[)oration,  lias  or  hav(^  sustained  by  the  occupa- 
tion of  the  same;  and  it  sliall  be  the  duty  of  raid  commis- 
sioners, or  a  majority  of  them,  to  deliver  to  said  corpora- 
tion a  written  statement  of  the  award  or  awards  they  shall 
make,  with  a  description  of  the  land  or  real  estate  apprais- 
ed, to  be  recorded  by  the  said  corj)oration  in  the  circuit 
clerk's  office  of  the  county  in  which  the  land  or  real  estate 
so  appraised  shall  be,  and  then  the  said  corporation  sliall 
be  deemed  to  be  seized  and  possessed  of  the  fee  simple  of 
all  such  lands  or  real  estate  as  shall  have  been  appraised 
by  the  said  commissioners. 


7  1853. 

§  12.  That  previous  to  any  application  being  made  to  Notice, 
the  governor  for  the  appointment  of  commissioners,  as  pro- 
vided in  section  eleven  of  this  act,  it  shall  be  the  duty  of 
tlie  company,  by  its  agent  or  attorney,  to  give  notice  to 
those  interested  in  the  land  over  which  the  said  railroad 
company  desires  to  obtain  the  right  of  way,  which  notice 
shall  be  in  writing,  specifying  the  time  when  such  applica- 
tion is  to  be  made  to  the  governor,  and  shall  be  served  upon 
the  owners  and  those  interested  in  said  land  by  the  com- 
missioners of  said  company,  or  by  any  sheriff  or  constable  of 
the  county  in  which  such  person  or  persons  reside,  in  the 
same  way  as  service  of  process  in  chancery  :  Provided.,  said  Proviso. 
owners  or  tjjose  interested  are  residents  of  the  state  of  Illi- 
nois, or  in  case  said  owners  or  those  interested  shall  be  non- 
residents of  the  state  of  Illinois,  then  sucli  notice  may  beru.j!;-atio:^. 
given  by  publication  in  a  newspaper  published  in  the  county 
where  said  lands  lie,  or  in  case  there  is  no  newspaper  pub- 
lished in  the  county,  then  in  the  nearest  newspaper  publisli- 
ed  in  the  state.  Said  publication  shall  contain  the  names 
of  the  parties  interested  in  said  lands,  the  description  of  the 
lands,  and  the  time  when  application  is  to  be  made  to  the 
governor  for  the  appointment  of  commissioners  as  afore- 
said, and  shall  be  made  for  four  successive  weeks,  the  first 
of  whicli  shall  be  made  at  least  thirty  days  before  the  ap- 
plication is  to  be  made. 

§  13.  That  whenever  it  shall  be  necessary  for  the  con-  intersections^ 
struction  of  said  railroad  to  intersect  or  cross  any  water 
course,  or  any  road  or  highway  lying  between  the  points 
aforesaid,  it  shall  be  lawful  for  the  corporation  to  construct 
their  railroad  across  or  upon  the  same  :  Providtd^  that  the  Proviso. 
corporation  shall  restore  the  v/ater  course,  road  or  highwaj' 
thus  intersected  to  its  former  state,  or  in  a  sufficient  manner 
uot  to  have  impaired  its  usefulness. 

5   14.     That  it  shall  be  lawful  for  the  directors  to  re- Directors  to  re- 
quire payment  of  the  sums  subscribed  to  the  capital  stock  I'l"®?^^''^^"^' 
at  such  times  and  m.  such  proportions   and  on  such  condi- 
tions as  they  shall  deem  fit,  under  the  penalty  of  the  forfeit- 
ure of  all  previous  paym.ents  thereon,  and  shall  give  notice^.  ^^.^^ 
of  the  payments  thus  required,   and  of  the  place  and  time 
when  and  where  the  same  are  to  be  made,  at  least  ninety 
days  previous  to  the  payment  of  the  same,  in  some  public 
newspaper  published  in  at  least  one  of  the  counties  tiirough 
wliich  said  road  may  be  constructed. 

§    15.     For  the  purpose  of  facilitating  the  construction  Power  to  borrow 
of  the  railroad  authorized  by  tiiis  act  the  said  corporation  is  '~''«°<'-'''  *'"^- 
and  shall  be  permitted  to  negotiate  a  loan  or  loans  of  mo- 
ney, to  the  amount  of  the   capital  stock,  and  to  pledge  all 
of  its  property,  real   and   personal,  and  all  of  its  rights, 
credits  and  franchises,  for  t!)e  payment  thereof. 


1863.  8 

.t  of  way.  §   16.     That  nothing  in  this  act  contained  shall  be  con- 

strued to  prevent  said  company  from  proceeding  to  acquire 
the  right  of  way  for  their  said  railroad  under  the  act  enti- 
tled "An  act  to  provide  for  a  general  system  of  railroad  in- 
corporations," approved  November  6th,  1849,  or  any  act 
or  acts  passed,  or  which  may  be  passed,  amendatory  or  sup- 
plemental thereto. 
•  o:  ccm-  §  17.  The  said  company  shall  commence  the  construc- 
iccment.  ^iou  of  Said  railroad  within  three  years,  and  complete  the 
same  within  five  years  from  the  passage  of  this  act. 

§   18.     The  said   company  hereby   created  be  and  are 
hereby  authorized  to  extend  their  said  railroad  from  Peters- 
burg, in  Menard  county,  to  Havana,  in  Mason  county,  by 
the  most  eligible  route  ;  and  for  the  purposes  of  such  ex- 
tension said  company  are  hereby  declared  to  possess  all  the 
powers  and  be  subject  to  all  the  restrictions  contained  in 
this  act;  and  for  the  purposes  of  said  extension  said  com- 
incroase   capita!  p any  are  authorized  to  increase  their  capital  stock  to  one 
million  of  dollars,  to  be  taken  and  subscribed  for  under  the 
same  provisions  and  regulations  as  herein  provided  for  the 
increase  of  the  capital  stock  of  said  company. 
Furti.ci    exten-      §    1^.     The   Said   Company  hereby  created  be  and  are 
*''"*•  hereby  authorized,  in  addition  to  the  extension  of  their  said 

road  provided  for  in  section  eighteen,  to  further  extend 
their  said  railroad  from  a  point  on  the  Illinois  river,  oppo- 
site the  town  of  Havana  aforesaid,  thence  by  the  nearest 
eligible  route,  by  Lewistown,  Cuba,  Ellisville,  St.  Augus- 
tine, in  the  county  of  Fulton,  to  the  town  of  Berwick ; 
thence  to  the  city  of  Monmouth,  in  the  county  of  Warren  ; 
and  thence  to  the  town  of  Keithsburg  or  New  Boston,  in 
tile  county  of  Mercer ;  and  for  the  purpose  of  the  exten- 
sion provided  for  in  this  section  said  company  are  hereby 
declared  to  possess  ail  the  powers  and  to  be  subject  to  all 
the  restrictions  in  this  act ;  and  for  the  purpose  of  such  ex- 
incn-ase  capital  ^^"^^0"  ^^^^  Company  are  authorized  to  increase  their  capi- 
stoa.  tal  stock  to  two  millions  of  dollars,  to  be  taken   and  sub- 

scribed for  under  the  same  provisions    and  regulations    as 
herein  provided  for  the  increase  of  the  capital  stock  of  said 
company. 
rnion  with  other      §  20.     It  sluiU  bc  lawful  for  tlic  company  created  by  this 
''"'"'*"  act  to  unite  with  any   other  railroad   company  wiiich  may 

have  been  or  hereafter  shall  be  incorporated  by  this  state, 
under  any  law  thereof,  and  to  grant  to  any  such  company 
the  right  to  construct  and  nsc  any  portion  of  the  road  here- 
by authorized  to  be  constructed,  upon  such  terms  as  may 
be  mutually  agreed  upon  between  the  said  companies. 
Approved  February  8,  1853. 


1853. 


AN  ACT  to  incorporate  the  Chicago  and  Calumet  Plank  Railroad  Company,  in  fon-t^  Feb.  12_. 

Section  1.     Beit  enacled  by  the  people  nf  the  state  of 
Illinois,  rejiresented  in  the    General  Assembly,    'i'hat  all 
such  persons  as   shall  hecome   stockholders  agreeable  to '-'"'p^'''^''"'^^' 
the    provisions  of  the  corporation  hereby  created,  shall  be, 
and  for  the  term  of  ninety  years  from  and  after  the  passage  Dun'tio"  of  coi- 
of  this  act  shall  continue  to  be,  a  body  corporate  and  politic,  '""''  '"°* 
by  the  name  of  "The  Chicago  and  Calumet  Plank  Railroad 
Company;"  and  by  that  name  shall  have  succession  for  the 
term  of  years  above  specified;  may  sue  and  be  sued,  com- *^™*^'''"'''^^'^''^'''^* 
plain  and  defend  in  an}^  court  of  law  or  equity ;  may  make 
and  use  a  common  seal,   and   alter  the  same  at  pleasure; 
may  make  by-laws,  rules  and  regulations  for  the  manage- 
ment of  property,  regulation  of  its  affairs,  and  for  the  trans- 
fer of  its   stock,  not  inconsistent  with  the  existing  laws  of 
this  state  and  the  United  States  ;  and  may  appoint  such  of- 
ficers, agents  and  servants  as  the  business  of  said  company 
may  require,   prescribe  their  duties  and  require  bonds  for 
the  faithful  performance  thereof. 

§  2.  That  J.  W.  Cochran,  H.  G.  Loomis,  Charles  Clea-commissioncre. 
ver,  E.  Peck,  Henry  Myers,  Wm.  B-  Egan  and  James  Car- 
ney be  and  they  are  hereby  appointed  commissioners  for  the 
purpose  of  procuring  subscriptions  to  the  capital  stock  of 
said  company,  Avhose  duty  it  shall  be  to  open  books  for  sub- To  open  books. 
scription  to  the  capital  stock  of  said  company,  giving  no- 
tice of  the  time  and  place  when  and  where  said  books 
will  be  opened,  at  least  thirty  days  previous  thereto, 
by  publication  in  some  newspaper  in  Chicago.  The  said 
commissioners,  or  a  majority  of  them,  shall  attend  at  the 
place  appointed  for  the  opening  of  said  books,  and  shall 
continue  to  receive  subscriptions,  either  personally  orbyTo  receive  sui- 
such  agents  as  they  shall  appoint  for  that  purpose,  until  ^'•'"p''°°'" 
the  sum  of  fifty  thousand  dollars  shall  have  been  subscri- 
bed ;  and  as  soon  as  said  sum  shall  be  subscribed  the 
said  comniissioners  shall  give  twenty  days'  notice,  by  publi- 
cation in  two  weekly  newspapers  in  Chicago,  of  an  election 
by  said  stockholders  of  aboard  of  directors,  as  hereinafter  Directors, 
provided,  for  the  management  of  said  company;  at  which 
time  and  place  so  appointed  ibr  that  purpose  said  commis- 
sioners, or  a  majority  of  them,  shall  attend  and  act  as  in- 
spectors of  said  election  ;  and  the  stockholders  present  shall 
proceed  to  elect  seven  directors,  by  ballot;  and  the  com- 
missioners present  shall  certify  the  result  of  such  election, 
under  their  iiands  ;  which  certificate  shall  be  recorded  in 
the  record  book  of  said  com])any,  and  shall  be  sufficient 
evidence  of  the  election  of  the  directors  therein  named. 
The  directors  thus  elected  shall  hold  their  office  for  one 
year,  and  until  their  successors  are  elected  and  qualified. 


I85:i.  10 

capi.ai  stock.  §   3.     The  Capital  stock  of  said  company  shall  be  one 

million  of  dollars,  which  shall  be  divided  into  shares  of  one 
hundred  dollars  each,  and  may  be  increased  by  the  direc- 
tors of  said  company  to  any  sum  necessary  to  complete  the 
works  herein  authorized  ;  and  the  same  shall  be  subscribed 
for  and  taken  under  the  direction  of  the  board  of  directors 
of  said  company,  at  such  time  and  in  such  places  and  man- 
ner as  the  said  directors  shall  from  time  to  time  direct. 
The  shares  of  the  capital  stock  of  said  company  shall  be 
deemed  personal  property. 

Management    of      §   4.     The  affairs  of  Said  company  shall  be  managed  by 

ivrtairs,  jj  board  of  seven  directors,   to  be  chosen  annually  by  the 

stockholders  from  among  themselves.     At  all  elections  for 

Votes  directors  each  stockholder  shall  be  entitled  to  one  vote  for 

each  share  of  stock  held  by  him,  and  may  vote  personally 
or  by  proxy  ;  and  a  plurality  of  the  votes  given  at  any  elec- 
tion shall  determine  the  choice.  The  directors  shall  hold 
their  office  as  provided  in  a  foregoing  section,  and  shall 
elect  one  of  their  number  as  president  of  said  board  ;  and 

Vacancy.  [n  case  of  any  vacancy  occurring  in  said  board  of  directors 

between  elections,  the  same  may  be  filled  by  the  beard  at 
any  legal  meeting  of  the  directors  ;  and  the  person  so 
elected  to  fill  the  vacancy  shall  hold  his  office  until  the 
next  annual  meeting  of  the  stockholders.  In  case  of  the 
absence  of  the  president  the  board  of  directors  sliaU  have 
power  to  elect  a  })resident  pro  iempore,  who  shall  exercise 
for  the  time  being  all  tlie  legal  powers  of  the  president  of 
said  board. 

Payment  of  sub-      §   5.     It  shall  be  lawful  for  the  directors  to  make  calls 

acr.i)  loDs.  upon  ti^e  sums  subscribed  to  the  capital  stock  of  said  com- 
pany at  such  times  and  in  such  amounts  as  they  shall  deem 
fit,  giving  at  least  thirty  days'  notice  of  each  of  said  calls 
in  at  least  two  newspapers  published  in  the  city  of  Chica- 
go ;  and  in  case  of  the  failure  on  the  part  of  any  stockhold- 
er to  make  payment  of  any  calls  made  as  aforesaid  by  the 
said  directors,  for  sixty  days  after  the  same  shall  have  been 
due,  tlie  said  board  of  directors  are  liereby  authorized  to 
declare  said  stock  as  in  arrear. 
forfeited  to  the  company. 

uouicoi  roud.  §  6.  The  said  company  are  hereby  authorized  to  locate, 
construct  and  complete  and  to  maintain  and  operate  a  plank 
railroad,  with  a  single  or  double  track,  and  may  change 
and  alter  the  same  to  a  plank  road  exclusivel}',  or  to  a  rail- 
road exclusively,  at  any  time  that  the  board  of  directors  of 
said  company  may  deem  it  advisable  so  to  do  ;  and  may  use 
for  the  purpose  of  said  road  any  county  or  state  road  or 
roads  within  the  limits  hereinafter  provided,  having  first 
obtained  an  order  from  the  board  of  super\  isors  of  Cook 
county,  authorizing  the  use  of  such  road  or  roads,  and  may 
operate  such  plank  railroad,  plank  road  or  railroad,  with 


11  1853. 

such  appurtenances  as  may  be  deemed  necessary  by  the 
directors  for  the  convenient  use  of  the  same  from  the  city 
of  Chicago  to  the  Calumet  river,  and  within  ten  miles  of  the 
lake  shore  ;  and  the  said  company  are  authorized  to  use 
and  operate  said  road,  and  shall  have  power  and  authority 
to  regulate  the  time  and  manner  in  which  goods,  effects 
and  persons  shall  be  transported  on  the  same,  and  prescribe 
the  manner  in  which  tlie  same  shall  be  used,  and  the  rate 
of  toll  for  the  transportation  of  persons  and  property  there- 
on, and  shall  have  power  to  provide  stock,  all  necessary 
material  and  power  for  the  operation  of  said  road,  and  shall 
have  power  to  erect  and  maintaii^  all  necessary  depots, 
stations,  shops  and  other  buildings  and  machinery  for  the 
accommodation  and  operation  of  said  road. 

^  7.  The  said  company  are  hereby  authorized,  by  their  Right  of  way. 
engineers  and  agents,  to  enter  upon  any  lands,  for  the  pur- 
pose of  making  the  necessary  surveys  and  examinations  of 
said  road,  and  to  enter  upon  and  take  and  hold  all  lands 
necessary  for  the  construction  of  said  plank  railroad  audits 
appendages,  first  making  just  and  reasonable  compensation 
to  the  owners  of  said  lands  for  any  damages  that  may  arise 
to  them  from  the  building  of  said  road;  and  in  case  said 
company  shall  not  be  able  to  obtain  tiie  title  to  the  lands 
through  which  the  said  road  shall  be  laid  by  purchase  or 
voluntary  cession,  the  said  company  are  hereby  authorized 
to  proceed  to  ascertain  and  determine  the  damages  sus- 
tained by  said  owner  or  owners  in  the  manner  provided  by 
the  ninety-second  chapter  of  the  Revised  Statutes  of  this 
state,  entitled  "  Right  of  Way  :"  Provided,  that  after  the 
appraisal  of  damages,  as  provided  in  said  statute,  and  upon 
the  deposite  of  the  amount  of  such  appraisal  in  the  circuit 
court  of  Cook  county,  the  said  company  are  hereby  author- 
ized to  enter  upon  such  lands  for  the  construction  of  said 
road  and  its  appendages. 

5  8.  The  said  company  are  authorized  to  borrow  from  ro^ev  to  lorrow 
time  to  time  such  sum  or  sums  of  money,  not  exceeding  the  """"'^' 
amount  of  the  cajntal  stock  of  said  company,  as  in  their  dis- 
cretion may  be  deemed  necessary,  to  aid  in  the  construc- 
tion of  said  road,  and  to  pay  any  rate  of  interest  thereon, 
not  exceeding  ten  per  cent.,  and  to  pledge  and  mortgage  the 
said  road  and  its  appendages,  or  any  part  thereof,  or  any 
other  property  oretfects,  rights,  credits  or  franchises  of  the 
said  company,  as  security  for  any  loan  of  money  and  inter- 
est thereon  ;  and  to  dispose  of  the  bonds  issued  for  such 
loan  at  such  rates  or  on  such  terms  as  the  board  of  direc- 
tors may  determine. 

§   9.      Said  company  shall  be  bound  to  repair  all  publicRorair  of  high- 
highways   that  their  road   may  cross,  and   all  bridges  and  ^'''^■''*' 
water  courses  that  may  be  injured  in  the  construction  and 
usinor  of  said  road. 


1853. 


12 


Oommeucemcut. 


10.  It  shall  be  lawful  for  said  company  to  unite,  with- 
in the  territory  above  described,  and  not  elsewhere,  with 
any  railroad,  and  to  grant  to  such  companies  the  right  [to] 
use  or  construct  any  portion  of  the  road  herein  autliorized 
to  be  constructed. 

§  11.  Any  person  who  shall  wilfully  injure  or  obstruct 
said  road,  or  any  part  of  its  appendages,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  shall  forfeit  to  the  use  of  the 
company  threefold  the  amount  of  damages  occasioned  by 
such  injury  or  obstruction,  to  be  recovered  in  an  action  of 
debt  in  the  name  of  said  company,  with  costs  of  suit,  be- 
fore any  justice  of  the  peace  or  before  any  court  liaving  ju- 
risdiction thereof  in  the  state. 

§  12.  Said  company  shall  be  allowed  three  years  from 
the  passage  of  this  act  for  the  commencement  of  the  con- 
struction of  said  railroad,  and  seven  years  thereafter  for 
the  completion  of  the  same. 

§  13.  This  act  shall  be  deemed  and  taken  as  a  public 
act,  and  shall  be  construed  b^niehcially  for  ail  purposes 
herein  specified  or  intended. 

§  14.  This  act  to  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  February  14,  1853. 


style. 
Gcner.il  powc 


1-2,      AN  ACT  to  incoi-Dorate  the  Springfield  and  Pekin  Sailroad  Company. 

Section  1.  Be  it  enacted  hy  the  people  of  the  state  of 
Illinois^  represented  in  the  General  .Assembly,  That  Gide- 
on H.  Rupert,  William  S.  Maus,  James  Haines,  Jackson  C. 
Thompson,  Thomas  N.  Gill,  John  W.  Casey,  David  Mark 
and  Peter  A.  Brower,  of  the  county  of  Tazewell,  and  Wil- 
liam Engle,  Milam  Alkire  and  Archibald  Kincade,  of  Me- 
nard county,  and  Colby  Knapp,  of  Logan  county,  and 
George  Powei's,  Levi  Cantrill.,  Abraiiani  Vanmetre,  Benj. 
S.  Edwards,  William  Carpenter,  Jonathan  Saunders  and 
John  T.  Stuart,  of  the  county  of  Sangamon,  and  their  asso- 
ciates, successors  and  assigns,  are  hereby  created  a  body 
politic  ar.d  corporate,  under  the  name  and  style  of  "  The 
Springfield  and  Pekin  Railroad  Company ;"  and  by  that 
name  and  style  shall  liave  perpetual  succession  ;  and  said 
'"•  company  are  hereby  made  capable  of  suing  and  being  sued, 
of  pleading  and  being  impleaded,  of  defending  and  being 
defended,  in  all  courts  in  law  and  equity  and  other  ])laces; 
of  contracting  and  being  contracted  with ;  and  said  com- 
pany shall  have  authority  to  make,  use  and  have  a  common 
seal,  and  the  same  to  renew  and  alter  at  pleasure  ;  and  said 


13  1853. 

company  are  hereby  vested  with  all  the  powers,  privileges 
and  imnmnities  which  are  or  may  be  necessary  to  carry 
into  etiect  the  objects  and  purposes  of  this  act  hereinafter 
mentioned,  set  forth  or  referred  to,  and  to  exercise  and  en- 
joy, for  tiie  purposes  of  the  said  company,  the  rights  and 
privileges  of  natural  persons, 

§   2.      Said  company  are  hereby  autliorized  and  empow- Route. 
ered  to  locate,   construct,   establish  and  finally    complete 
and  hereafter  use  a  railroad,   commencing  at  any  conveni- 
ent point  in  the  city  of  Springfield,  and  running  from  thence, 
on  tlie  most  eligible,  beneficial,  expedient   and  practicable 
route,  to  the  city  of  Pekin,  in  the  county  of  Tazewell ;  and 
the  said  company  are  hereby  empowered,  in  the  construc- 
tion of  said   railroad,  to  lay  out  said  railroad  wide  enoughs— «>  \ 
for  a  single  or  double  track  throughout  the  whole  length  ; 
and  for  the  purpose  of  constructing  the  same,  and  for  ma-    /' 
terials,  stone,  earth  and  gravel,  may  take  and  use  as  much  / 
more  land  on  the  side  of  the  same  as  may  be  necessary  for 
the  proper  construction  and  security  of  said  road. 

§  3.  The  capital  stock  of  said  company  shall  be  one  capital  ?toct. 
million  of  dollars,  and  may  be  increased  to  two  million  of 
dollars,  to  be  divided  into  shares  of  one  hundred  dollars 
each  share.  The  immediate  government,  control  and  di- 
rection of  the  afFairs  and  organization  of  said  company  and 
company  franchises  shall  be  vested  in  the  persons  named 
in  the  first  section  of  this  act,  and  a  majority  of  them  shall 
form  a  quorum,  with  power  and  authority  to  adopt  such 
rules  and  by-laws,  and  other  things  to  do  and  perform,  ne-  ^c,opt^y-uv,-s. 
cessary  to  the  complete  organization  of  said  company  and 
to  conducting  the  same,  and  to  provide  for  opening  books 
and  obtaining  subscriptions  to  the  capital  stock  of  said 
company,  and  for  the  calling  of  meetings  of  said  company; 
and  when  one  hundred  shares  of  the  capital  stock  shall  be 
taken  and  subscribed  for,  the  company  may  fully  organize 
and  go  into  operation  in  the  construction  and  completion  of 
said  railroad. 

§   4.     When  one  hundred  shares  shall  be  subscribed  as  Noticp  ot    i;rst 
aforesaid,  the  persons  named  in  the  first  section  of  this  act,  '"<^'^''°--'* 
or  some  of  them,  ma}^  call  a  meeting  of  the  stockholders  of 
said  company,  on  giving  public  notice  of  the  time  and  place 
of  meetincr,  which  shall  be  held  at  some  place  in  the  county    / 

^  o  ^  ,  ^  .   *^  when  to  l;e  held. 

of  Logan  or  Menard,  in  this  state,  and  shall  fully  organize 
said  company  by  the  election  of  nine  directors  for  said  com-  Directors, 
pany,  who  shall  hold  their  offices  for  one  year,  and  until 
their  successors  shall  be  elected  and  qualified.  Said  di- 
rectors shall  have  the  same  powers  and  authority,  and  per- 
form the  same  duties,  and  be  governed  by  the  same  rules 
conferred  upon  and  required  of  the  directors  of  tlie  Alton 
and  Sangamon  Railroad  company,  by  an  act  entitled  "  An 
act  to  construct  a  railroad  from  Alton,  in  Madison  county, 


1853.  14 

to  Springfield,  in  Sangamon  county,"  approved  February 
27,   A.  D.   1847.     Said   directors,  so  elected,  sliall  elect 

Pres.'iont.  froiTi  their  number  one  president,  who  shall  hold  his  office 

one  year,  and  until  his  successor  is  elected  and  qualified, 
and  who  shall  have  the  same  powers,  and  be  governed  by 
the  same  rules  as  is  conferred  upon  and  required  of  the 
president  of  the  said  Alton  and  Sangamon  Railroad  Com- 
pany, by  the  act  aforesaid  ;  and  all  rules  and  provisions 
for  elections  provided  by  the  said  act  shall  apply  to  the 
company  incorporated  by  this  act.  A  majority  of  said  di- 
rectors, including  the  president,  shall  constitute  a  quorum. 

KQjoy  the  same      §   5.      The  Said  compauy  hereby  incorporated  shall  have, 

and%anKamun  ^ujoy  and  cxcrcise,  all  and  singular,  the  powers,  rights, 
company.  authoritics,   privileges  and  immunities  conferred  upon   the 

Alton  and  Sangamon  Railroad  Company  by  the  act  incor- 
porating the  same,  described  in  the  fourth  section  of  this 
act  as  "An  act  to  construct  a  railroad  from  Alton,  in  Mad- 
ison county,  to  Springfield,  in  Sangamon  county,"  ap- 
proved February  27,  1847,  and  not  contrary  to  the  provi- 
sions of  this  act;  and  all  privileges,  powers  and  immunities 
in  any  manner  conferred  upon  the  said  Alton  and  Sangamon 
Railroad  Company  by  ttie  said  act  incorporating  the  same, 
and  beneficial  to  the  corporation  hereby  created,  shall  ap- 
ply to  the  Springfield  and  Pekin  Railroad  Company  the 
same  as  if  herein  specially  recited  and  granted  to  said 
named  company,  to  all  intents  and  purposes,  and  in  every 
manner  of  things,  powers,  privileges  or  authority  whatever. 

Power  to  borrow      §   6.     The  company  hereby  incorporated  shall  havc  pow- 

money.  gj.  j-q  procure  a  loan  or  loans  of  money,  as  shall  be  deemed 

necessary  for  tlie   construction  of  the  said   railroad,    and 

may    pledge  the  said  road  for  the  payment  thereof.     Said 

Power  to  receive  company  may  receive  in  payment  of  stock  subscribed  for 
bonds  in  pay- j^Qj^jg   and  mortffacies,  and  also  any  security  or   evidence 

mcnt  for  stock.        „  ,     ,  i     •  ?  •  i  i        i  i        i  • 

of  debt,  stock  in  other  companies,  or  other  valuable  things, 
and  may  dispose  of  or  pledge  the  same  for  the  purposes  of 
the  said  company  in  the  construction  of  the  said  railroad, 
but  said  company  shall  not  exercise  banking  powers. 
Public  act.  §   7.     This  act  shall  be  deemed  and  considered  a  public 

act,  and  shall  be  favorably  and  justly  construed  for  all  pur- 
poses  therein    expressed  and  declared,  in   all  courts  and 
places  whatever. 
Time  of  comiiic-      §   8.     The  railroad  contemplated  in  this  act  to  be  com- 
^'^"-  pleted  within  ten  years  from  the  passage  of  the  same. 

Union  Willi  otiicr  §  ^-  -^"^  ^^^^  ^^^^  compauy  shall  have  full  power,  un- 
roads.  (Jer   the   provisions  of  this  act,  to   extend,    construct  and 

maintain  their  railroad  from  Pekin,  in  Tazewell  county,  to 
Peoria,  in  Peoria  county,  and  for  that  purpose  they  may 
exercise  all  the  privileges  and  franchises  contained  in  the 
preceding  sections  of  this  act,  and  siiall  have  full  power  to 
connect  their  railroad  with  any  other  railroad  now  or  here- 


15  1853. 

after  to  be  constructed  with  the  line,  or  at  the  said  termi- 
nus at  Peoria,  upon  such  terms  as  may  be  mutually  agreed 
upon  by  the  directors  of  said  railroads  so  connecting. 
Approved  Feb.  12,  1853. 


AN  ACT  supplemental  to  an  "Act  fo  incorporate  'The  Southern  Illinois  in  fovco  Feb.  il, 
Railroad  Company/"  approved  February  17,  1851,  and  to  change  thepame  1853. 

oi'  said  company. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Assemhly,  That  John 
Campbell,  Jos.  Williamson,  S.  Allen,  James  H.  Jones,  Jos.  corporators. 
B.  Holmes,  John  O'Neil,  Wm.  Rosborough,  John  A.  Wil- 
son, Joseph  Farmer,  John  E.  Detrich,  Andrew  Borders, 
Archibald  Macdill,  Z.  H.  Vernor,  E.  C.  Coffee,  Jno.  D. 
Wood,  Geo.  T.  Hoke,  John  Phillips,  G.  W.  Pace,  John 
Cunningham,  T.  B.  Lester,  Charles  W.  Jennings,  John  S. 
Martin,  T.  Elston  and  D.  W.  Allman,  corporators  in  the 
before  recited  act,  together  with  such  others  as  may  asso- 
ciate with  them,  arc  hereb}'  created  and  constituted  a  body 
corporate  and  politic,  by  the  name  and  style  of  "  The  styk. 
Chester,  Mississippi  and  Chicago  Branch  Railroad  Compa- 
ny," and  by  that  name  to  sue  and  be  sued,  plead  and  be 
impleaded,  in  any  court  of  law  or  equity  in  this  state  ;  to  General  lowerg. 
make  and  have  a  common  seal,  and  the  same  to  break,  al- 
ter and  renew  at  pleasure  ;  and  the  said  company  is  hereby 
vested  with  all  powers,  privileges  and  immunities  which 
are  or  may  be  necessary  to  carry  into  efi'ect  the  purposes 
and  objects  of  this  act  as  hereinafter  set  forth;  and  said  com- 
pany is  hereby  authorized  and  empowered  to  locate,  build, 
construct  and  finally  complete  a  railroad,  with  a  single  or 
double  track,  on  the  most  eligible  ground,  from  Chester,  on  j^^^j^, 
the  Mississippi  river,  to  Sparta,  in  Randolph  county,  and 
Nashville,  in  Washington  county,  to  the  Chicago  Branch  of 
the  Central  Railroad,  and  then  to  Salem,  Marion  county, 
on  such  route  as  shall  be  deemed  to  be  the  best  and  most 
expedient,  and  transport,  take  and  carry  property  and  per-Tians,).,rtation, 
sons  upon  said  railroad  or  way  by  the  power  of  steam  or 
animals,  or  of  any  meclianical  or  other  power,  or  any  com- 
bination of  them,  which  said  company  may  choose  to  apply; 
and  for  the  purpose  of  constructing  said  railroad  or  way,  the 
said  company  is  hereby  authorized  to  lay  out  the  road  not 
exceeding  one  hundred  feet  wide  through  ihe  whole  length; 
and  for  the  purpose  of  depots,  cuttings  and  embankments, 
and  for  the  purpose  of  necessary  turnouts,  and  for  obtain- 
ing stone,  gravel  and  dirt,  may  take  as  much  more  land  as 


1853. 


16 


may  be  necessary  for  the  construction  and  security  of  said 

Tnion with  othrr road,   with  permission  to  make  any  lawful  contract   with 

'"*"'''■  any  other  railroad,  or  other  incorporation,  in  relation  to  the 

business   of  said  company,  and  also  to   make  joint  stock 

Proviso.  with  any  other  railroad  corporations  :   Provided^  that  a 

damages  which  may  be  occasioned  to  any  person  or  cor- 
poration, persons,  by  taking  any  such  lands  or  materials 
for  the  purposes  aforesaid,  shall  be  paid  for  by  said  company 
aforesaid,  in  manner  hereinafter  provided. 

Capital  stock.  §   2.     The   Capital  stock  of  said  company  shall  not   ex- 

ceed one  million  five  hundred  thousand  dollars,  and  shall 
be  divided  into  shares  of  fifty  dollars  each,  which  shares 
shall  be  deemed  personal  property,  and  may  be  transferred 
in  such  manner  and  at  such  places  as  the  by-laws  of  said 

Proviso.  company  may  direct :  Provided^  that  said  company  may 

commence  the  construction  of  said  road  with  all  the  pow- 
ers and  privileges  contained  in  this  act,  whenever  the  sum 
subscribed  to  the  capital  stock  shall  exceed  two  hundred 
thousand  dollars. 

openbooks.  §  3.     The  pcrsous  named  in  the  first  section  of  this  act, 

or  a  majority  of  them,  may  open  books  to  receive  subscrip- 
tions to  the  capital  stock  of  said  company,  at  such  time  or 
places  as  they,  or  a  majority  of  them,  may  appoint,  and 
shall  give  such  notice  of  the  time  and  places  of  opening  said 
books  as  they  may  deem  reasonable,  and  may  receive  sub- 
scriptions under  such  regulations  as  they  may  adopt  for  the 
purpose;  and  if  more  than  one  million  five  hundred  thou- 
sand dollars  shall  be  subscribed,  they  shall  have  the  power 
to  make  the  shares  as  subscribed  capital  stock :  Provided, 
that  they  shall  not  exceed  forty  thousand  shares;  and  in 
case  the  subscription  should  exceed  the  said  number  of 
shares,  the  shares  may  be  reduced  and  apportioned  in  such 
manner  as  may  be   deemed  most  beneficial  to  the  corpora- 

Fmtiu-r  proviso,  tion :  Provided  further,  when  the  books  shall  be  opened 
for  the  subscription  of  stock,  the  persons  named  may  re- 
quire not  less  than  five  dollars  to  be  paid  upon  each  share 
at  the  time  of  subscribing  the  same. 

Dirocfors.  §  4.     The  immediate  government  and  direction  of  the  af- 

fairs of  the  company  shall  be  vested  in  a  board  of  directors, 
to  consist  of  thirteen  persons,  who  shall  be  shareholders, who 
shall  be  chosen  by  tiie  stockholders  of  said  company,  in-the 
manner  hereinafter  provided,  and  shall  hold  their  offices  un- 
til others  are  duly  elected  and  qualified  to  take  their  places 
as  directors,  and  who  shall  elect  one  of  their  number  to  be 

Presui'^nt.  president  of  the  company ;  they  shall  also  choose  a  secre- 

tary, and  such  other  officers  as  they  may  deem  necessary, 
and  a  treasurer,  who  shall  give  bond,  with  security,  to  the 
said  company,  in  such  sum  as  tiie  president  and  directors 
may  require,  for  the  faitiiful  performance  of  his  trust  and 
duties  as  may  be  prescribed  by  this  act  and  the  by-laws  of 


^ '  1853. 

of  said  corporation;  and  six  of  said  directors  and  tiie  pre- 
sident shall  be  a  quorum  for  the  transaction  of  business,  Quon-m 
and  in  the  absence  of  the  president  seven  of  said  directors 
one  of  whom  shall  be  appointed  vice  president,  shall  be  a 
quorum  to  transact  business. 

§  5.     The  persons  authorized  by  this  act  to  open  books  MeounK  or  stock- 
for  subscription  to  the  capital  stock  are  hereby  authorized,  ''°"^"'" 
after  the  books  for  the  subscription  to  the  capital  stock  of 
said  company  are  closed,  or  when  the  sum  subscribed  shall 
exceed  four  thousand  shares,  to  call  the  first  meeting  of  the 
stockholders  of  said  company  in  such  way  and  at  such  time, 
in    the    town    of   Chester,    in    Randolph   county,    as   they  Pice, 
may  appoint,  for  the  choice  of  directors  of  said  company ; 
and    in    all   meetings    of  the    stockholders   of  said   com- 
pany  each  share  shall  entitle   the  holder  thereof  to  one 
vote,  which  vote  may  be  given  in  person  or  by  proxy;  and 
the  annual  meeting  of  the  stockholders  of  said  company,  for 
the  choice  of  -directors,  shall  be  holden  in  the  town  of 
Chester,  Randolph  county,  on  the    second    Monday  in  the 
month  of  May  in  each  year. 

§   6.     In  the  event  an  election  for  directors  shall  not  be  vacancies. 
had  on  the  day  appointed,  said  company  for  that  cause  shall 
not  be  deemed  to  be  dissolved,  and  the  directors  shall  have 
power  to  fill  any  vacancy  which  may  occur  by  death,  re- 
signation or  otherwise. 

§   7.     Tiie  president  and  directors  shall  have  full  power  s>-'a^saiKircs- 
to  make  and  prescribe  such  by-laws,  rules  and  regulations  "'''"°°'' 
as  they  may  deem  needful  and  proper  touching  the  disposi- 
tion and  management  of  the  stock,  property,  estate  and 
efi'ects    of  said    company,   not    contrary    to    this    charter 
or    the    laws  of  this  state   or  of  the   United    States,    the 
transfer  of  shares,    the  duties    and    conduct  of  their  offi- 
cers and  servants,  touching  the  election  of  and  meetino-s  of 
its  directors,  and  all  matters  whatsoever  whicii  may  apper-^°'^-'^  "f  ''•'■'^'^- 
tain  to  the  affairs  of  said  company.     Said  com.pany  is  also'*"''" 
hereby  authorized  and  empowerrd  to  purchase,  secure  and 
hold  such  estate   as  may  be  necessary  and  convenient  in 
accomplishing  the   object  for  which  this  incorporation  is 
granted ;  and  may,  by  their  agents,  surveyors,  engineers 
and  servants,  enter  upon  all  lands  and  tenements  through 
which  they  may  deem  it  necessary  to  make  said  road,  and 
to  survey,  lay  out  and  construct  the  same,  and  to  agree  and 
contract  for  the  right  of  way  with  the    owners   through 
whose   lands  they  may  intend  to  make  said  road;    in  case  R,ghto(  way. 
said  lands  belong  to  the  estate  of  any  deceased  person,  then  ^^^^^^ 
with  the  administrator  or  executor  of  such  deceased  per-  non'^  compTs 
son;  or  in  case  of  the  same  belonging  to  a  minor  or  person  '"''"'"'  ^''' 
non  compos  mentis,  then  with  his  or  her  guardian  or  guar- 
dians; or  in  case  said  lands  be  held  by  trustees  of  school 
sections,  or  other  trustees  of  estates,  then  with  such  trus- 
[B] 


1853.  18 

tees;  and  the  said  administrators,  executors  or  guardians 
and  trustees  are  hereby  declared  competent  for    such    es- 
tate or  minor  to  contract  with  said  company  for  the  right 
to  use,  occupy  and  possess  the  lands  of  such  estates,  mi- 
nors or   trustees,  so  far  as  may  be  useful  or  necessary    to 
the  purpose  of  said  railroad  ;  and  the  act  and  deed  of  such 
executors,  administrators,  guardians  and  trustees,  in  rela-     - 
tion  thereto,  shall  pass  the  title  in  said  land  m  the  same 
manner  as  if  said  deed  or  act  was  made  or  done  by  a  legal 
owner  of  full  age  ;  and  such  executor,  administrator,  guar- 
dian or  trustee  shall  account  to  those    interested,    under 
the  penalty  of  his  or  her  bonds,  for  the  amount  paid  him  or 
her  in  pursuance  of  such  agreement  and  compensation  ;  and 
if  the  said  company  or  parties  representing  lands  prefer  they 
may  refer  the  question  of  compensation  to  arbitrators  mu- 
tually chosen,  whose  award,  or   that  of  their  umpire,  in 
case  of  disagreement,  shall  vest  title  according  to  its  terms. 
„aen.n,.nds.       5  8.     If  the  said  company,  through  its  agents  or  attor- 
neys, cannot  agree  with  the   owner   of  the   land  through 
which    they    may    want  to    construct  said  road,  or   with 
the  administrat  a-,  executor,  guardian  or  trustee,  it  shall 
and  it  may  be  lawful  for  them  to  proceed  m  the  manner 
now  provided  for  by  the  laws  of  this  state  for  the  condemna- 
tion of  lands  by  incorporated  companies. 
„tvofsher.ft.        5   9.     It  shall  be  the  duty  of  the  sheriff  to  appoint  and 
hold  said  inquest  within  ten  days  after  the  receipt  ot  any 
writ  of  ad  quod  damnum,  except  in  cases  of  absence,  in 
which  case  thirty  days  shall  be  allowed  him,  and  five  days, 
in  addition,  shall  be  allowed  him  for  every  additional  jury 
which  he  may  have  under  such  writ ;  and  for  every  detault 
therein  such  sheriff  shall  be  fined  by  the  circuit  court  hav- 
ing iurisdiction,  on  prosecution  by  either  party,  not  less 
than  twenty  nor  more  than  one  hundred  dollars  ;  and  every 
iuror  and  witness  summoned  shall  be  fined  not  less  than  five 
dollars  for  non-attendance;  and  of  all  such  fines,  as  well 
as  costs,  the  circuit  court  of  the  county  in  which  such  cases 
may  arise,  shall  have  iurisdiction.     There  shall  be  allowed, 
as  fees,  for  services  under  this  act,  to  the  clerks  of  circuit 
^'"'"  courts,  for  every  writ  of  ad  quod  damnum,  seventy-five 

cents  ;  for  securing  and  filing  inquest,  seventy-five  cents  ; 
to  the  sheriff,  for  giving  notice,  seventy-five  cents,  and 
printer's  fee,  not  exceeding  two  dollars,  in  each  case  ;  tor 
holding  inquest,  five  dollars  ;  and  for  summoning  witness- 
es, twenty-five  cents  each ;  to  jurors,  each  seventy-five 
cents  per  diem,  upon  the  rendition  of  a  verdict— to  be  tax- 
proviso.  ed  in  the  bill  of  costs,  and  paid  by  the  company:  Provided, 

that  before  the  application  for  such  writ  said  company  may 
make  a  tender  to  the  owner  or  owners  of  any  such  land, 
executors,  administrators,  guardians  or  trustees,  of  a  sum 
of  money  by  them  deemed    equivalent   to    the  damage  to 


19 


1853. 


be  sustained,  and  upon  refusal  to  accept  the  sum  tendered, 
and  a  verdict  for  the  same  amount,  or  a  -less  sum,  be  ren- 
dered, the  costs  shall  be  taxed  to  and  paid  by  the  owners 
of  the  land  in  relation  to  which  such  inquest  may  be  held. 

§  10.  The  said  company  is  hereby  authorized  to  con- General  powers. 
struct,  build,  equip  and  maintain  and  use  a  railroad,  with 
a  single  or  double  track  or  way,  of  suitable  width  and  di- 
mensions, as  may  be  determined  by  the  directors  of  said 
company,  and  shall  have  power  to  regulate  the  time  and 
manner  in  which  passengers,  goods,  produce  and  property 
of  any  kind  shall  be  transported,  taken  and  carried  on  the 
same,  and  shall  have  power  to  erect  and  maintain  all  such 
buildings,  for  the  accommodation  and  management  of  the 
affairs  of  said  company,  as  they  may  [deem]  necessary  and 
suitable. 

§  11.  It  shall  be  lawful  for  the  company  hereby  in  cor- Transportation. 
porated  to  fix,  from  time  to  time,  and  regulate  and  receive 
the  charges  and  rates  of  freight  by  them  to  be  received  for 
the  transportation  of  persons  and  property  on  their  railroad 
or  wiy  hereby  authorized  to  be  constructed,  erected,  built 
and  maintained  and  used,  or  upon  any  part  thereof. 

§  12.  If  any  person  or  persons  shall  wii,  'ily  do  or  cause  Pen'-^ities' 
to  be  done  any  act  or  acts  whatsover,  where  \'  any  build- 
ing, construction  or  work  of  said  company,  or  any  engine, 
machine  or  structure,  or  any  matter  or  thing  appertai^iing 
to  the  same,  shall  be  stopped,  obstructed,  impaired,  weak- 
ened, injured  or  destroyed,  the  person  or  persons  so  ofl'end- 
in^  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  for- 
feit and  pay  to  the  said  company  double  the  amount  of  dam- 
age sustained  by  reason  of  any  such  offence  or  injury,  to 
be  recovered  in  the  name  of  said  incorporation,  with  costs 
of  suit,  by  action  of  debt,  in  any  court  of  competent  juris- 
diction. 

§   13.     The  said  company,  and,  under  their  direction,  sim*'  powers  ae 
their  agents,  servants  and  workmen,  are  hereby  vested  with  S^^miSi!^*-' 
:".he  same  power  and  authority  as  are  granted  to  the  Wa-  '""'"'• 
oash  Valley  Railroad  Company  by  an  act  entitled  ''An  act  to 
incorporate  the  Wabash  Valley  Railroad  Comjrany,  and  to 
regulate  the  capital  stock  of  other  railroads,"  approved  June 
22, 1852,  to  enter  into  and  upon  the  lands  or  grounds  of  or 
belonging  to  the  state,  and  to  survey  and  take  levels  of  the 
same,  or  any  part  thereof,  and  to  set  out  and  ascertain  such 
part  as  they  shall  think  necessary  and  proper  for   making 
their  said  railroad  or  way,  and  for  all  purposes  connected 
with  the  construction  thereof;  and  tlie  said  company  is  here- 
by authorized  and  empowered,  from  time  to  time,  to  borrow  „ 

1  r  ,  r  ,        Power  to  b|rrow 

such,  s\im  or  sums  oi  money  as  may  be  necessary  tor  comple-  money.     > 
ting  furnishing  and  operating  their  said  railroad  or  way;  and 
for  that  purpose  they  are  hereby  authorized  to  issue  and 
dispose  of  the  bonds,  in  denominations  of  not  less  than  five 


1853. 

late  of  interest 


isu 


hundred  dollars,  at  such  rates  of  interest,  not  exceeding 
ten  per  cent,  per  annum,  and  at  such  rates  of  discount  as 
xnay  be  deemed   necessary    for  the    benefit   of  said    com- 

,  ,  «,,  ^1^14.  The  directors  of  said  company  may  require  the 
S^."  ^"-  pa  Lent  of  the  sum  or  sums  subscribed  to  the  capital  stock 
of  said  company,  at  such  times,  and  in  such  proportions 
and  upon  such  conditions,  as  they  may  deem  necessary  and 
fit  Ld  in  case  any  stockholder  shall  refuse  or  neglect  to 
mtke  pay-ent  in  pursuance  of  the  requisitions  of  the  board 
Tdire^ctors,  the  stock  of  such  stockholder  may  be  sold  by 
order  of  the  directors,  at  public  auction,  after  the  lapse  o 
Ninety  days  from  the  time  when  the  payment  became  due  , 
and  the  surplus  money,  the  avails  of  such  sale  after  de- 
duct n'  he^necessary 'expenses  of  such  sale  and  the  pay- 
ment Sr  payments  due,  shall  be  paid  over  to  such  delm- 

""TlttiteZid  railroad  or  way  shall  not  be  commenc 
ed  witltin  six  years  from  the  passage  of  this  act,  and  shall 
not  be  finished  within  ten  years  from  the  time  ot  the  com- 
mencement thereof,  this  act  shall  be  nul    and  void 

6   16      This  act  shall  be  deemed  a  public  act,  and  slial! 
be  liberally  construed   in   all  courts  whatever,  and  be  m 


Act  to  be  null  and 
void. 


Public  act. 


force  from  and  after  its  passage. 
Approved  February  11,  1853. 


,.  ...  r.b.  n,  AN  ACT  f  o  incorporate  the  Macomb,  Vermont  and  Bath  Railroad  Company- 
Section  1.      Be  it  enacted  b.,  ^^'' T'P^^-^ t'jYlt 


Corporators. 


Ijctieral  powa 


lllinX^'revresented  in  the  General  Assembly,  That  James 
B     K;^;,  David  P.  Wells,  JasM.  Campbell,   Jesse  Burr, 
Toab   Mershon,   H.  L.  Ross,  Jas.  H.  B.  Stephens,  J.  M. 
Rulles   Benj.Beasley,  Isaac  Vail,  and  such  other  persons 
^   may  associate  with  them  for  that  purpose,  are   hereby 
made  and  constituted  a  body  corporate  and  PohUc   by  the 
name  and  style  of  the  "Macomb   Vermont  ^'^^  ^^^^^^^^ 
road    Company,"  with  perpetual  succession     and  by  that 
name  and  style  shall  be  capable  in  law  of  takmg,  purcha- 
sing, holding  leasing,  selling  and  conveying  estate  and  pro- 
•  pei-ty  whatever,  real,  personal  or  mixed,  so  far  as  the  same 
^ay  be  necessary  for  the  purposes  hereinafter  mentione^d 
Zl  no   further;  and  in  theircorporate  name  may  sue  and 
be  suTd,  plead  and  be  impleaded,  in  all  courts  ot  law  and 
enuitv  whatsoever,  and  may  have  and  use  a  common  seal, 
and  aU^r,  change  and  renew  the  same  atp  easure;  and  may 
have  and  exercise  all  powers,  rights,  privileges  and  immu- 


21  1853. 

nities  which  are  or  may  be  necessary  to  carry  into  effect 
the  purposes  and  objects  of  this  act,  as  the  same  are  here- 
inafter set  forth. 

§  2.  The  Macomb,  Vermont  and  Bath  Railroad  Com- Objects, 
pany  shall  have  full  power  and  authority  to  locate,  and, 
from  time  to  time,  alter,  change,  relocate,  construct,  re- 
construct and  fully  to  finish,  perfect,  equip  and  maintain  a 
railroad,  with  one  or  more  tracks,  commencing  at  the  townnoute. 
of  Macomb,  in  the  county  of  McDonough,  and  state  of  Il- 
linois, running  from  thence,  on  the  most  eligible  route,  to 
tlic  town  of  Vermont,  in  the  county  of  Fulton,  and  state 
aforesaid,  and  from  thence,  on  the  most  eligible  route,  to 
the  town  of  Bath,  in  the  county  of  Mason,  and  state  afore- 
said;  and  to  transport,  take  and  carry  property  and  })er- 
sons  upon  said  raiiroad,  by  power  or  force  of  steam,  or  of  any 
mechanical  or  other  power,  or  combination  of  them,  which 
said  company  may  choose  to  use  or  apply.  And  for  the 
purpose  of  constructing  said  railroad  or  way,  said  compa- 
ny shall  have  authority  and  power  to  lay  out,  designate  and 
establish  their  road,  in  width  not  exceeding  one  hundred -nridth  of  roati. 
and  fifty  feet  through  the  entire  line  thereof,  and  may 
take  and  appropriate  to  their  own  use  all  such  lands  so  de- j^g^^ip^f^jp^ 
signated  for  the  line  and  construction  of  said  road,  upon 
first  paying,  or  tendering  therefor,  such  amount  of  damage  Damag«. 
as  shall  have  been  settled  by  appraisal,  in  the  manner  here- 
inafter provided,  on  all  such  lands  as  may  be  taken,  or  up- 
on any  tracts  which  may  be  located  by  said  company;  and 
for  the  purpose  of  cuttings  and  embankments,  and  lor  the 
purpose  of  obtaining  stone,  sand  and  gravel,  may  take  and 
appropriate  as  much  more  of  land  as  may  be  necessary  for 
the  proper  construction,  maintenance  and  security  of  said 
road  ;  and  for  constructing  shops,  depots  and  other  suita- 
ble, proper  and  convenient  fixtures  in  connection  with  and 
appertaining  to  said  railroad,  may  take  and  have,  use  and 
occupy  any  lands,  upon  either  side  of  said  railroad,  not  ex- 
ceeding two  hundred  feet  in  depth  from  said  railroad;  said 
company  taking  all  such  lands  as  gifts,  of  purchasing  or 
making  satisfaction  for  the  same  in  the  manner  hereinafter 
provided:  Pruvidcd,  that  this  section  shall  not  be  con-p^^^.j^.^^ 
strued  to  restrict  or  prevent  the  construction  of  public 
roads  or  canals  or  railroads  across  the  road  of  said  com- 
pany, when  deemed  expedient,  but  so  as  not  materially  to 
impair  or  obstruct  the  same.' 

§  3.  The  said  company,  and  under  their  direction,  power  of  riircc 
their  agents,  servants  and  workmen,  are  hereby  authorized  ^^' 
and  empowered  to  enter  into  and  upon  the  lands  and 
grounds  of  or  belonging  to  the  state,  or  to  any  person  or 
persons,  bodies  politic  or  corporate,  and  survey  and  take 
levels  of  the  same,  or  any  part  thereof,  and  to  set  out  and 
ascertain  such  parts  as  they  shall  think  necessary  and  pro- 


1853.  £2 

per  for  making  said  railroad,  with  one  or  more  sets  of  tracks 
or  rails,  and  lor  all  the  purposes  connected  with  said  rail- 
road for  which  the  said  corporation  by  the  last  preceding 
section,  is  authorized  to  have,  take  and  appropriate  any 
lands,  and  to  fell  and  to  cut  down  all  timber  and  other 
trees  standing  or  being  within  one  hundred  feet  on  each  side 
of  said  line  of  said  railroad  the  damage  occasioned  by  the 
felling  of  such  trees,  unless  otherwise  settled,  to  be  assessed 
and  paid  in  manner  hereinafter  provided  for  assessing  and 
and  paying  damages  for  lands  taken  for  the  use  of  said  rail- 
road company;  and  also  to  make,  build,  erect  and  set  up  in 
and  upon  the  route  of  said  railroad,  or  upon  the  land  ad- 
joining or  nearest  the  same,  all  such  works,  ways,  roads 
and  conveyances  as  may  be  requisite  and  convenient  for 
the  purposes  of  said  railroad,  and  also  from  time  to  time  to 
alter,  repair,  amend,  widen  or  enlarge  the  same,  or  any  of  the 
conveniences  above  mentioned,  as  well  for  the  carrying, 
conveying  goods,  commodities,  timber  or  other  things  to 
and  upon  the  said  railroad,  as  for  carrying  all  manner  of 
materials  necessary  for  the  making,  erecting,  furnishing, 
altering,  repairing,  amending  or  enlarging  the  works  of  or 
connected  with  said  railroad,  and  to  contract  and  agree 
with  the  owner  or  owners  thereof  for  such  timber,  gravel, 
stone  or  other  materials,  or  any  articles  whatever  which 
may  be  wanted  in  the  construction  or  repairing  of  said  rail- 
road or  any  of  its  appurtenances — they  the  said  company  do- 
ing as  little  damage  as  possible  in  the  execution  of  the  said 
powers  hereby  granted,  and  making  satisfaction  in  the 
manner  hereinafter  mentioned  for  all  damages  to  be  sus- 
tained by  the  owners  or  occupiers  of  said  lands. 
esty.e.  §  4.     The  said  company  shall  have  power  and  authority 

to  receive,  take  and  hold  all  such  voluntary  grants  and 
donations  of  lands  and  real  estate  for  the  purposes  of  said 
railroad,  as  may  or  shall  be  made  to  said  company,  to  aid 
in  the  construction  and  maintenance  and  accommodation 
of  said  railrond,  and  said  company  may  contract  and  agree 
with  the  owners  and  occupiers  of  any  lands  which  said 
company  may^wish  to  use  or  occupy,  for  the  purpose  of 
procuring  stone,  sand,  gravel  or  earth,  or  other  materials 
to  be  used  in  embankments  or  otherwise  in  or  about  the 
construction,  repairs  or  enjoyment  cf  said  railroad,  or  which 
said  company  may  wish  to  use  or  occupy  in  any  manner  or 
for  any  purpose  or  purposes  connected  with  said  railroad, 
for  which  said  company  is  empowered  or  authorized  by 
this  act  to  take,  have  or  appropriate  any  lands,  and  to  re- 
ceive and  to  take  grants  and  conveyances  of  any  and  all 
interests  and  estates  therein,  to  them  and  their  successors 
or  assigns,  in  fee  or  otherwise  ;  and  in  case  said  company 
cannot  agree  with  such  owners  or  occupiers  of  such  lands 
as   aforesaid,  so   as  to  procure  the   same  by  the  voluntary 


23  1853. 

deed  or  act  of  such  owners  or  occupiers  thereof;  or  if  the 
owners  or  occupiers  tliereof,  or  either  or  any  of  them,  be  a 
J'enime  covert,  infant,  non  cu-mpor.  mentis,  unknown  or  out 
of  the  county  in  which  the  land  or  property  wanted  is  sit- 
uated, the  same  may  be  taken,  and  [paid]  for,  if  any  damages  Damages  to  pro- 
are  awarded,  in  the  manner  provided  for  in  "An  act  to  pro-  portyot  infants, 

,  ••1  !•  •  11  &0.,  how  ascer- 

vide  tor  a  general  system  ol  railroad  incorporations,"  apj)ro-  t'J"C'i. 
ved  November  5th,  1849;  and  the  final  decision  or  award  sliall 
vest  in  the  corporation  hereby  created  all  the  rights,  priv- 
ileges and  immunities  in  said  act  contemplated  :  *^f id  pro- ^loviso. 
vided,  that  any  appeal  that  may  be  allowed  under  the  pro- 
visions of  the  act  above  recited,  or  by  virtue  of  any  gen- 
eral law  of  this  state,  shall  not  effect  the  possession  by 
said  company  of  said  lands  appraised;  and  when  the  ap- 
peal may  be  taken  or  writ  of  error  prosecuted  by  any  per- 
son or  persons  other  than  the  said  company,  the  same  shall 
not  be  allowed  except  on  the  stipulation  of  the  party  so 
appealing  or  prosecuting  such  Avrit  of  error  that  the  said 
company  may  enter  upon  and  use  tiie  lands  described  in 
the  petition  for  the  uses  and  purposes  therein  set  forth, 
upon  said  company  giving  bond  and  security,  to  be  appro- Giving  bond, 
ved  by  the  clerk  of  said  court,  that  they  will  pay  to  the 
party  so  appealing  or  prosecuting  such  writ  of  error  all 
costs  and  damages  that  may  be  allowed  against  them  on  the 
final  hearing  of  such  appealer  writ  of  error,  within  thirty 
days  after  the  rendition  thereof,  or  forfeit  all  right  to  use 
the  land  or  w^ay  so  condemned. 

§  5.  The  capital  stock  of  said  company  shall  be  five  capital  stock  may 
hundred  thousand  dollars,  which  maybe  increased  from  ^"^ '""eas-eii. 
time  to  time  by  a  vote  of  a  majority  in  interest  of  stock- 
holders at  their  annual  meeting,  or  at  any  special  meeting 
that  may  be  called  for  that  purpose  by  the  directors  of  said 
company,  to  any  sum  not  exceeding  the  entire  amount  ex- 
pended on  account  of  said  road;  which  stock  shall  be  divi- 
ded in  shares  of  one  hundred  dollars  each,  which  shall  be 
deemed  personal  property,  and  may  be  issued,  certified, 
translerred  and  registered  in  such  manner  and  at  such  places 
as  may  be  ordered  and  provided  by  the  board  of  directors, 
who  shall  have  power  to  require  the  payment  of  stock  sub- 
scribed in  the  manner,  and  at  the  time  and  in  such  sums 
as  they  may  direct,  and  on  the  refusal  or  neglect  on  the 
part  of  stockholders,  or  any  of  them,  to  make  payment,  on 
the  requisition  of  the  board  of  directors,  the  shares  of  such 
delinquents  may,  after  thirty  days'  public  notice,  be  sold stiaics tote soj^, 
at  public  auction,  under  such  rules  as  the  directors  may 
adopt — the  surplus  money,  if  any  remahis  after  deducting 
tlie  payment  due  and  to  become  due  on  said  stock,  with  in- 
terest and  the  necessary  costs  of  sale,  to  be  paid  to  the 
delinquent  stockholder.  The  board  of  directors  hereinaf- 
ter named   shall  cause  books  to  be  opened  for  subscription 


1853. 


24 


to  the  capital  stock  of  said  company,  at  such  times  and 
places,  and  in  such  manner  as  they  shall  direct:  Frovided, 
that  as  soon  as  fifty  thousand  dollars  oihonafide  subscrip- 
tion shall  be  made  to  said  capital,  and  five  per  cent,  there- 
on paid,  it  shall  be  lawful  for  said  company  to  elect  a  board 
of  directors,  not  less  than  five  nor  more  than  nine  in  num- 
ber, who  shali  hold  their  office  for  one  year,  and  until  their 
successors  shall  be  elected  and  enter  upon  the  duties  of 
their  office.  The  first  election  of  directors  shall  be  held 
in  the  said  town  of  Vermont,  thirty  days'  notice  thereof 
first  being  given  [by]  said  commissioners,  in  some  news- 
paper published  in  said  county  of  Fulton,  and  subsequent 
elections  shall  be  held  in  such  manner  as  the  directors  shall 
b}'  by-laws  direct. 

§  6.  At  any  election  held  for  directors,  each  share  of 
stock  shall  be  entitled  to  one  vote,  to  be  given  either  in 
person  or  by  proxy,  and  the  person  receiving  the  largest 
number  of  votes  to  be  declared  duly  elected,  and  to  hold 
their  office  until  the  next  annual  election,  and  until  their 
successors  are  elected  and  qualified.  All  elections  for  di- 
rectors to  be  conducted  by  three  judges,  selected  by  the 
stockholders  present. 

I  §  7.  After  the  directors  are  elected,  they  shall  organ- 
ize the  board,  by  electing  one  of  their  number  president, 
and  by  appointing  a  secretary  and  treasurer. 

§  8.  Said  company  shall  have  power  to  purchase  with 
the  funds  of  the  company,  and  contract  for  and  place  on  the 
railroad  hereby  authorized  to  be  constructed,  all  materi- 
als, wagons,  carriages  and  vehicles,  of  any  description, 
which  they  may  deem  necessary  and  proper  [for]  the  pur- 
poses of  transportation  on  said  railroad ;  and  they  shall 
have  power  to  charge  for  tolls  and  transportation  and  rates 
of  fare  such  sums  as  shall  be  lawfully  estaolished  by  the 
by-laws  of  said  company. 

§  9.  Said  company  shali  have  power  to  make,  ordain 
and  establish  all  such  by-laws,  rules  and  regulations  as  may 
be  deemed  expedient  and  necessary  to  fulfil  the  purposes 
and  carry  into  effect  the  provisions  of  this  act,  and  for  the 
well  ordering  and  securing  the  aff'airs,  business  and  inter- 
est of  said  company  :  Provided,  that  the  same  be  not  re- 
pugnant to  the  constitution  and  laws  of  tiie  United  States 
or  of  this  state. 

§  10.  The  said  board  of  directors  shall  have  power  to 
regulate  the  manner  of  transportation  of  persons  and  prop- 
erty, the  width  of  track,  the  construction  of  wheels,  the 
form  and  size  of  cars,  the  weight  of  loads,  and  all  other 
matters  and  things  respecting  the  use  of  said  road  and  the 
conveyance  and  transportation  of  persons  and  property 
thereon. 


25  1853. 

§  11.  When  it  shall  be  necessary  for  the  construction  intersectior.-. 
of  said  railroad  to  intersect  or  cross  a  track  of  any  otiier 
railroad,  or  any  stream  of  water,  or  watercourse,  or  road, 
or  highway,  lying  on  the  route  of  said  railroad,  it  shall  be 
lawful  for  the  company  to  construct  their  railroad  across  or 
upon  the  same  :  Provided,  that  said  company  shall  restore 
the  railroad,  stream  of  water,  water  course,  road  or  high- 
way, thus  intersected  or  crossed,  to  its  former  state,  or  in 
a  sufficient  manner  not  materially  to  impair  its  usefulness. 

§    12.     The  said  company  shall,  annually  or  semi-annu- 
allj^,  make  such  dividend  as  they  may  deem  proper  of  the  Dividends. 
nett  profits,  receipts  or  income  of  said  company  among  the 
stockholders  therein,  in  proper  proportion  to  their  respec- 
tive shares. 

§  13.  If  any  person  shall  do  or  cause  to  be  done,  or  aid  Penalty, 
in  doing  or  causing  to  be  done,  any  act  whatever,  whereby 
any  building  or  construction,  or  work  of  said  company,  or 
any  engine,  machine  or  structure,  or  any  matter  or  thing 
appertaining  to  the  same,  shall  be  stopped  or  obstructed, 
impaired  or  weakened,  injured  or  destroyed,  the  person  or 
persons  so  otFending  shall  be  guilty  of  a  misdemeanor,  and 
may  be  punished,  upon  conviction,  by  fine,  in  any  sum  not 
exceeding  one  thousand  dollars,  or  be  imprisoned  not  ex- 
ceeding five  years,  or  both,  at  the  discretion  of  the  court, 
and  shall  forfeit  and  pay  to  said  corporation  treble  the 
amount  of  damages  sustained  by  reason  of  such  offence  or 
injury;  to  be  recovered  in  the  name  of  said  company,  with 
costs  of  suit,  in  an  action  of  trespass,  before  any  justice  of 
the  peace  of  this  state,  or  before  any  court  having  jurisdic- 
tion thereof.  Said  company  shall  have  power  to  unite  un,on  with  other 
its  railroad  with  any  other  railroad  now  constructed,  or  '^°'"'^' 
which  may  hereafter  be  constructed  to  the  said  town  of 
Macomb,  or  the  said  town  of  Bath,  upon  such  terms  as  may 
be  mutually  agreed  upon  between  the  companies  so  con- 
necting; and  for  that  purpose  full  power  is  hereby  given 
to  said  company  to  make  and  execute  contracts  with  any 
other  company  as  will  secure  the  objects  of  such  connec- 
tion. 

5  14.  Said  company  is  hereby  authorized  to  borrow,  Po^er  to  borrow 
irora  time  to  time,  sucli  sum  or  sums  of  money  as  may  be 
necessary  for  completing  and  furnishing  or  operating  their 
said  railroad,  and  issue  and  dispose  of  their  bonds,  in  denomi- 
nations of  not  less  than  five  hundred  dollars,  for  any  amount 
so  borrowed,  and  to  mortgage  their  corporate  property, 
and  purchase  or  convey  the  same  by  deed  of  trust,  to  se- 
cure the  payment  of  any  debt  contracted  by  said  company 
for  the  purposes  aforesaid  ;  and  the  directors  of  said  com- 
pany may  confer  on  any  bondholder  of  any  bond  issued  for  '< 
money  borrowed  as  aforesaid  the  right  to  convert  the  prin-                    l 


1853.  26 

cipal  due  or  owing  thereon  into  stocks  of  said  company,  at 
any  time,  not  exceeding  ten  years  from  the  date  of  the 
bonds,  under  such  regulations  as  the  directors  of  said  com- 
pany may  see  fit  to  adopt.  , 

loicoiibtruc-  ^  15.  The  said  company  liereby  chartered  shall  be  re- ' 
quired  to  construct  and  operate  their  said  road  throughout 
the  entire  length  thereof,  according  to  the  terms  of  this 
charter,  within  ten  years  after  the  work  shall  have  been 
commenced  thereon ;  and  upon  a  failure  so  to  do  shall  for- 
feit all  right  and  privileges,  tracks  contemplated  and  work 

iso.  done  upon  said  road  :    Provided^  the  work  shall  be  com- 

menced on  said  road  within  six  years  after  the  passage  of 
this  act. 

icaot.  §   16.     This  act  shall  be  deemed  and  taken  as  a  public 

act,  and  shall  be  in  force  from  and  after  its  passage. 

§  17.  The  said  company  hereby  created  be  and  are 
hereby  authorized  to  extend  their  said  railroad  from  Ma- 
comb to  a  point  opposite  or  at  the  city  of  Burlington,  in 
the  state  of  Iowa,  on  the  most  eligible  route,  and  also  to 
extend  their  railroad  from  Bath,  in  Mason  county,  to  some 
point  that  may  be  agreed  upon  on  the  Petersburg  and 
Springfield  railroad ;  and,  for  the  purpose  of  such  exten- 
sion, said  company  are  hereby  declared  to  possess  all  the 
powers  and  be  subject  to  all  the  restrictions  contained  in 
Increase  of  capi- this  act ;  and,  for  the  purposes  of  said  extension,  said  com- 
pany are  authorized  to  increase  their  capital  stock  to  such 
amount  as  may  be  necessary  to  complete  such  extension, 
under  the  same  provisions  and  regulations  as  herein  pro- 
vided for  the  increase  of  the  capital  stock  of  said  compa- 
ny. 

Approved  February  11,  1853. 


In  force  Feb.  13,  AN  ACT  to  incorporate  the  Jackson  County  Coal  and  Railroad  Company. 
1883, 

Section  1.     Be  it  enacted  hy  the  people  of  the  state  of 

Illinois^  represented  in  the  General  Assembly,   That  Ro- 

corporators.       bert  Smith,   John   Cavender,  John  Tableau,  William   H. 


General  powor.- 


sors  and  assigns,  are  hereby  created  a  body  corporate  and 
politic,  under  the  name  and  style  of  "The  Jackson  County 
Coal  and  Railroad  Company,"  with  perpetual  succession; 
and  by  that  name  be  and  are  hereby  made  capable  in  law 
and  in  equity  to  sue  and  be  sued,  plead  and  be  im])leaded, 
defend  and  be  defended,  in  any  court  of  law  and  equity  in 
this  state,  or  any  other  place  ;  to  make,  have  and  use  a 
common  seal,  and  the  same  to  renew  and  alter  at  pleasure  ; 


27  1853. 

and  shall  be  and  are  hereby  vested  with  all  the  powers, 
privileges  and  immunities  which  are  or  may  be  necessary 
to  carry  into  effect  the  purposes  and  objects  of  this  act,  as  objects. 
hereinafter  set  forth;  and  the  said  company  are  hereby 
authorized  and  empower<ed  to  locate,  construct  and  finally 
complete  a  railroad  from  the  southwest  quarter  of  section 
No.  nine  (9,)  in  township  No.  nine  (9)  south,  of  range  No. 
two  (2,)  west  of  the  third  principal  meridian,  in  Jackson 
county,  where  the  coal  mines  ot  the  said  corporation  are 
now  open  and  working,  to  any  point  on  Big  Muddy  river, 
to  the  Mississippi  river,  by  the  most  direct  and  eligible 
route  ;  and  for  this  purpose  said  company  are  authoiized, 
upon  the  most  eligible  direct  route,  to  lay  out  their  said 
railroad,  not  exceeding  one  hundred  feet  in  width,  through 
the  whole  length,  and  for  the  purpose  of  cutting  embank- 
ments, stone  orgravel,  may  take  as  much  more  land  as  may 
be  necessary  for  the  proper  construction  of  and  security 
of  said  railroad. 

^   2.     The  capital  stock  of  said  company  shall  consist  of  capital  stock, 
four  hundred   thousand  dollars,   and  may  be  increased  to 
eight  hundred  thousand  dollars,  to  be  divided  into  shares  of 
one  hundred  dollars  eacli.     The  immediate  government  and 
direction  of  said  company  shall  be  vested  in  five  directors, 
who  shall  be  chosen  by  the  stockholders  of  said  company,  i^'rectors. 
in  the  manner  hereinafter  provided,  who  shall  hold  their 
offices  for  one  year  after  their  election  and  until  others  shall 
be  duly  elected  and  qualified  to  take  their  places  as  direc- 
tors, a  majority  of  whom  shall  form  a  quorum  for  tlie  trans- 
action of  business;  shall  elect  one  of  their  number^to  be  pre-  President. 
sident  of  the  company;  and  said    board  of  directors    shall 
have  power  to  appoint  all  necessary  clerks  and  other  offi- other  officers, 
cers  necessary  in  the  transaction  of  the  business  of  said 
company. 

§  3.  Said  corporators  are  hereby  authorized,  by  their 
agents,  surveyors  and  engineers  to  cause  such  examina- ^made^  ''^ 
tion  and  surveys  to  be  made  of  the  ground  and  country 
between  the  said  coal  mines  and  the  Mississippi  river  as 
shall  be  necessary  to  determine  the  most  advantageous 
route  for  the  proper  line  •  or  course  whereon  to  construct 
the  said  railroad.  And  it  shall  be  lawful  for  said  company 
to  enter  upon  and  take  possession  of,  and  use  all  such 
lands  and  real  estate  as  maybe  necessary  for  the  construe- ^^*^*^^**'- 
tion  and  maintenance  of  said  railroad  depots,  side  tracts, 
water  stations,  engine  houses,  machine  shops,  and  other 
buildings  and  appendages  necessary  for  the  construction 
and  working  of  said  road:  Provided,  that  all  lands  or  real 
estate  entered  upon  and  taken  possession  of  and  used  by 
said  corporation  for  the  purposes  and  accommodation  of 
sa'l  rT'^road,  or  upon  which  the  site  for  said  railroad  siiall 
ha   c    been  located  or  determined    by   said    corporation. 


1853. 


28 


Annual  meetings 


Commissioners. 


shall  be  paid  for  by  said  company  in  damages,  if  any  be 
sustained  by  the  owner  or  owners  thereof  by  the  use  of, 
the  same  for  the  purposes  of  said  railroad;  and  all  lands^ 
entered  upon  and  taken  for  the  use  of  said  corporation, 
which  are  not  donated  to  said  company,  shall  be  paid  for 
by  said  corporation,  at  such  price  as  shall  be  mutually 
agreed  upon  by  the  corporation  and  the  owner  and  owners 
of  such  land.  And  in  case  of  disagreement  the  price  shall 
be  estimated,  paid  and  recovered  in  the  manner  provided 
for  taking  lands  for  the  construction  of  public  roads,  canals 
or  other  public  works,  as  prescribed  by  the  act  concerning 
right  of  way,  approved  March  3d,  1845. 

§  4.  If  any  person  shall  wilfully,  maliciously  or  wan- 
tonly and  contrary  to  law  obstruct  the  passage  of  any  car 
on  said  railroad,  or  any  part  thereof,  or  any  thing  belong- 
ing thereto,  or  shall  damage,  break,  or  destroy  any  part  of 
the  said  railroad,  or  implements  or  buildings,  he,  she,  or 
they,  or  any  person  assisting,  shall  forfeit  and  ay  to  said 
company,  for  every  such  offence,  treble  the  amount  of 
damages  that  shall  be  proved  before  any  competent  court 
shall  have  been  sustained,  and  sued  for  in  the  name  and  be- 
half of  said  company;  and  such  offender  or  offenders  shall 
be  deemed  guilty  of  a  misdemeanor,  and  shall  be  liable  to 
an  indictment  in  the  same  manner  as  other  indictments  are 
found  in  any  county  or  counties  where  such  offences  shall 
have  been  committed,  and  upon  conviction  every  such  of- 
fender shall  be  liable  to  a  fine  not  exceeding  five  thousand 
dollars,  for  the  use  of  the  county  where  such  indictment 
may  be  found,  and  may  be  imprisoned  in  the  county  jail 
for  any  time  not  exceeding  six  months,  at  the  discretion  of 
the  court. 

§  5.  The  time  of  holding  the  annual  meetings  of  said 
company  for  the  election  of  directors  shall  be  fixed  and 
determined  by  the  by-laws  of  said  company,  and  at  all  meet- 
ings, each  stockholder  shall  be  entitled  to  a  vote  in  per- 
son, or  by  lawful  proxy,  one  vote  for  each  share  of  stock 
he,  she,  or  they  may  hold  hona  fide,  in  said  company,  upon 
which  all  instalments  called  have  been  paid. 

§  6.  The  persons  named  in  the  first  section  of  this  act 
are  hereby  appointed  commissioners,  who,  or  a  majority  of 
whom,  after  a  meeting  duly  called  by  thirty  day's  notice 
in  newspapers  published  in  Chester,  Randolph  county 
and  Jonesboro,  Union  county,  are  hereby  authorized  to 
open  subscription  books  for  said  stock  at  such  places  as 
they  may  deem  proper,  and  shall  keep  said  books  [open 
until  two  hundred  thousand  dollars  of  said  capital  stock  sha 
be  taken.  Said  commissioners  shall  require  eacli  subscribe 
to  pay  five  dollars  on  each  share  subscribed,  at  the  time  of 
subscribing.  The  said  commissioners  shall  immediately 
thereafter  call  a  meeting  of  the  stockholders  by  giving  thirty 


y5 


days'  notice  in  some  newspaper  printed  in  the  county  of 
Randolph;  and  at  such  meeting  it  shall  be  lawful  to  elect 
the  directors  of  said  company,  and  when  the  directors  of 
said  company  are  chosen,  the  said  commissioners  shall  de- 
liver the  said  subscription  books,  with  all  sums  of  money 
received  by  them  as  commissioners,  to  said  directors.  No 
person  shall  be  a  director  in  said  company  unless  he  shall 
own  at  least  five  shares  of  the  capital  stock. 

§  7.  That  the  right  of  way  and  the  real  estate  pur- Real  estate, 
chased  for  the  right  of  way  of  said  company,  whether  by 
mutual  agreement  or  otherwise,  or  which  shall  become  the 
property  of  the  company  by  operation  of  law,  as  in  this 
act  pro\ided,  shall  upon  the  payment  of  the  amount  of 
money  belonging  to  the  owner  or  owners  of  said  land,  aij 
a  compensation  for  the  same,  become  the  property  of  said 
company  in  fee  simple. 

§  8.  The  said  corporation  may  take  and  transport  upon  Transportaiion. 
said  railroad  any  person  or  persons,  merchandise  or  other 
property,  by  the  force  or  power  of  steam  or  animal,  or  any 
combination  of  them,  and  may  fix,  establish,  take  and  re- 
ceive such  rates  of  toll  for  any  passengers  and  property 
transported  upon  the  same,  as  the  said  directors  shall  from 
time  to  time  establish,  and  the  said  directors  are  hereby 
authorized  and  empowered  to  make  all  necessary  rules, 
by-laws  regulations,  and  ordinances  that  they  may  deem 
necessary  and  expedient  to  accomplish  the  designs  and 
purposes  of  said  company,  and  to  carry  into  effect  the  pro- 
visions of  this  act,  and  for  the  transfer  and  assignment  of 
its  stock,  which  is  hereby  declared  personal  property,  and 
transferable  in  such  manner  as  shall  be  provided  by  the 
by-laws  and  ordinances  of  said  company. 

§  9.  The  said  directors  of  said  company  after  the  samCp^^gj.  ^j  ^^^^^^, 
is  organized  shall  have  power  to  open  books  in  the  manner  tors- 
prescribed  in  the  sixth  section  of  this  act,  to  fill  up  the  ad- 
ditional capital  stock,  or  any  part  thereof,  at  such  times  as 
they  may  deem  it  for  the  interest  of  said  company,  and  ail 
the  instalments  required  to  be  paid  on  the  stock  originally 
to  be  taken,  and  what  may  be  taken  to  increase  said 
capital  stock,  shall  be  paid  at  such  times  and  in  such  sums 
as  said  directors  may  prescribe. 

§  10.  In  case  of  the  death,  resignation  or  removal  of  the  Vacancies- 
president,  vice  president,  or  any  director,  at  any  time  be- 
tween the  annual  elections,  such  vacancy  may  be  filled  for 
the  remainder  of  the  year,  whenever  they  may  happen, 
by  the  board  of  directors,  and  in  case  of  the  absence  of 
the  president  and  vice  president  the  board  of  directors 
shall  have  power  to  appoint  a  president  pro  tempore,  who 
shall  have  and  exercise  such  powers  and  functions  as  the 
by-laws  of  said  corporation  may  provide.  In  case  it  should 
at  any  time  happen  that  an  election  shall  not  be  made  on 


1853. 


30 


Commissioners. 


any  day  on  which,  in  pursuance  of    his  act,  it  ought  to  be 
made,  the  said  corporation  shall  not  for  that  cause  be  dis- 
solved, but  such  election  shall  be   held   at  any  other  time 
directed  by  the  by-laws  of  said  company. 
,    ^    .  8   11.     That  when  the  lands  of  any /em?72C5    covert  T,er- 

Lsuds  of  persons         3  .  •  >       r  .1  •        i.    i.       ^  i      n 

non  compos,  &.C  sons  Underage,  7io7i  compos  mentis,  or  out  oi  this  state,  snail 
be  taken  in  the  construction  of  said  railroad,  as  is  provi- 
ded by  this  act,  the  said  corporation  shall  pay  the  amount 
that  shall  be  awarded  as  due  to  the  last  mentioned  owners 
respectively,  whenever  the  same  may  be  lawfully  deman- 
ded, together  with  six  per  cent,  per  annum;  that  to  ascer- 
tain the  amount  to  be  paid  to  persons  named  in  this  sec- 
tion, for  lands  taken  for  the  use  of  said  corporation,  it 
shall  be  the  duty  of  the  governor  of  this  state,  upon  notice 
given  to  him  by  the  said  corporation,  to  appoint  three  com- 
missioners, to  be  persons  not  interested  in  the  matter  to  be 
determined  by  them,  to  determine  the  damages  which  the 
owner  or  owners  of  the  land  or  real  estate  so  entered  upon 
by  the  said  corporation  has  or  have  sustained  by  the  occu- 
pation of  the  same;  and  it  shall  be  the  duty  of  said  com- 
missioners, or  a  majority  of  them,  to  deliver  to  said  corpor- 
ation a  written  statement  of  the  award  or  awards  they 
shall  make,  with  a  description  of  the  land  or  real  estate  ap- 

c'i'  praised,   to   be  recorded  by  the   said  corporation  in   the 

clerk's  office  in  the  county  in  which  the  land  or  real  estate 
so  appraised  shall  be,  and  then  the  said  corporation  shall 
be  deemed  to  be  seized  and  possessed  of  the  fee  simple  of 
all  such  lands  or  real  estate  as  shall  have  been  appraised  by 
the  said  commissioners.   Said  company  shall  have  the  power 

of  cxten-^Q  extend  its  railroad  to  the  coal  lands  now  owned  by  said 
company  on  the  line  of  the  Central  Railroad,  and  for  that 
purpose  full  power  is  hereby  given  to  said  company  to  make 
and  execute  sucli  contracts  with  any  other  company  as 
will  secure  the  objects  of  such  extension, 

§   12.     Said  company  is  hereby  authorized,  from  time  to 

I'.'  """"^time,  to  borrow  such  sum  or  sums  of  money  as  may  be  ne- 
cessary for  completing  and  finishing  or  operating  their  said 
railroad,  and  to  issue  and  dispose  of  their  bonds  in  denom- 
nations  of  not  less  than  five  hundred  dollars,  bearing  a  rate 
of  interest  not  exceeding  seven  ^^cr  ccu/«?7i  per  annum,  for 
any  amount  so  borrowed,  and  to  mortgage  the  corporate 
property  and  franchise,  or  convey  the  same  by  deed  of 
of  trust,  to  secure  the  payment  of  any  debt  contracted  by 
said  company  for  the  purposes  aforesaid;  and  the  direc- 
tors of  said  company  may  confer  on  any  bond-holder  of 
any  bond  issued  for  money  borrowed  as  aforesaid,  the  right 
to  convert  the  principal  due  or  owing  thereon  into  stock 
of  said  company,  at  any  time  not  exceeding  ten  years  from 
the  date  of  the  bonds,  under  such  regulations  as  the  direc- 
tors of  said  company  may  see  fit  to  adopt,  and  all   sales  of 


^1  1853. 


such  bonds  that  may  be  made  at  less  than  their  par  value 
shall  be  good  and  valid  and  binding  upon  said  corporation 
as  if  such  bonds  had  been  sold  lor  the  full  amount  tiiereof 

§   13      The  width  of  said  railroad  is  to  be  determined  by  wunt  or ro.,. 
the  said  corporation   witlnn  the   limits  prescribed   bv  thl 
first  section  of  tiiis  act.  ^ 

§   14.     This  act  shall  be  in  full  force  from  and    after  its  Time   or    ecu. 
passage,  and  said  company  shall  commence  said  work  within  '"*""'""^"'- 
two  years,  and  complete  the  same  to  the  Big  Muddy  river 
witlun  three  years  from  the  passage  of  this  act. 

Approved  February  12,  1853. 


AN  ACT  to  incorporate  the  Beardstown  and  Petersburg  Railroad  Company,  j,  f.^ce  F.b  i" 

1853.     ■    "' 

Section  1.  Be  it  enacted  by  the  people  of  the  state  o/oorporauon. 
Illinois,  represented  in  the  General  ^ssemblu,  That  all 
such  persons  as  shall  become  stockholders,  aareeablv  to 
tlie  provisions  of  this  act,  in  this  incorporation  hereby  cre- 
ated, shall  be,  and  for  the  term  of  fifty  years  from  and  after 
the  passage  of  this  act  shall  continue  to  be,  a  body  politic  stwe 
and  corporate,  by  the  name  of  "The  Beardstown  and  Pe- 
tersburg Railroad  Company  ; "  and  by  that  name  shall  have 
succession  lor  the  term  of  years  above  specified  ;  may  sue  oeneraipo.e.. 
and  be  sued,  complam  and  defend  in  any  court  of  law  and 
equity ;  may  make  and  use  a  common  seal,  and  alter  the 
same  at  pleasure  ;  may  make  by-laws,  rules  and  regula- 
tions for  the  management  of  property,  the  regulation  ?f  its 
affairs,  and  for  the  transfer  of  its  stock,  not  inconsistent 
with  existent  laws  and  the  constitution  of  this  state  and  of 
the  United  States,  and  may,  moreover,  appoint  such  sub- 
ordmate  agents,  officers  and  servants  as  the  business  of 
said  company  may  require,  prescribe  their  duties,  and  re- 
quire bond  lor  the  faithful  performance  thereof 

§  2  That  Amos  Dick,  Charles  Sprague,  V.  A.  Turnin 
E.  R  Saunders,  David  Ivreaness,  Charle?  Chandler,  tC-' ""^""^'"^^• 
as  Plasters,  Robert  Davidson,  Thomas  T.  Dowell,  A  D 
VV right,  be  and  are  hereby  appointed  commissioners  for 
the  purpose  of  procuring  subcriptions  to  the  capital  stock 
of  said  company,  whose  duty  it  shall  be  to  open  books  for 
subscription  to  the  capital  stock  of  said  com^pany,  giving 
notice  of  the  time  and  place  when  and  where  said  books 
wi  1  be  opened,  at  least  tiiirty  days  previous  thereto,  by 
publication  in  some  newspaper  published  in  the  citv  of 
Beardstown. 

The  said  commissioners,  or  a  majority  of  them,  shall  at- 
tend at  tne  place  appointed  for  the  opening  of  said  books,  "p''"'"^  ^"'^''' 


■  Kotfce. 
IS 


Commissioners. 


Capital  stock. 


and  shall  continue  to  receive  subscriptions,  either  person- 
ally or  by  such  agents  as  they  shall  appoint  for  that  pur- 
pose, until  the  sum  of  twenty-five  thousand  dollars  shall  be. 
subscribed  ;  and  as  soon  as  the  said  sum  of  twenty-five 
thousand  dollars  is  subscribed  the  said  commissioners  shall 
ticc-.  o-ive  twenty  days'  notice,  by  publication  in  a  newspaper 

published  at  Beardstown,  of  an  election  by  said  stockhold- 
ers of  a  board  of  directors,  as  hereinafter  provided,  for  the 
management  of  said  company,  at  such  time  and  place  ap- 
pointed for  that  purpose.  The  commissioners,  or  a  majo- 
rity of  them,  shall  attend  and  act  as  inspectors  of  said 
election,  and  the  stockholders  present  shall  proceed  to 
elect  seven  directors,  by  ballot,  and  the  commissioners 
present  shall  certify  the  result  of  such  election,  under  their 
hands,  which  certificate  shall  be  recorded  in  the  record 
book  of  said  company,  and  shall  be  sufficient  evidence  of 
the  election  of  the  directors  therein  named.  The  direc- 
tors thus  elected  shall  hold  their  office  for  one  year  and 
until  their  successors  are  elected  and  qualified. 

§   3.     The  capital  stock  of  said  company  shall  be  five 
hundred  thousand  dollars,  which  shall  be  divided  into  shares 

capitaistockmayof  one  hundred  dollars  each,  and  may  be  increased  by  the 

be  increased,  ^^^^^^^^^^.g  ^f  g^j^j  compauy  to  a  sum  not  exceeding  one  mil- 
lion of  dollars,  if  necessary  to  complete  the  work  herein 
authorized  ;  and  the  same  shall  be  subscribed  for  and  taken 
under  the  direction  of  the  board  of  directors  of  said  com- 
pany, in  such  time,  place  and  manner  as  the  said  directors 
shall  from  time  to  time  direct.  The  shares  in  said  com- 
pany shall  be  deemed  and  considered  as  personal  property. 
§  4.     The  affairs  of  said  company  shall  be  managed  by 

Power  of  directors  a  board  of  scvcu  dircctors,  to  be  chosen  annually  by  the 
stockholders  from  among  themselves.  At  all  elections  for 
directors,  each  stockholder  shall  be  entitled  to  one  vote  tor 
each  share  held  by  him,  and  may  vote  either  personally  or 
by  proxy,  and  by  a  plurality  of  the  votes  given  at  any  election 
shall  determine  the  choice,  but  no  stockholder  shall  be  al- 
lowed to  vote  at  any  election  after  the  first  for  any  stock 
which  shall  have  been  assigned  to  him  within  thirty  days 
previous  to  said  election.  The  directors  shall  hold  their 
offices  for  one  year  after  the  election  and  until  their  suc- 
cessors  are   elected  and   qualified ;  and  shall  elect  one  of 

j^esidcnt.  their  number  president  of  said  board  ;  and  in  case  of  any 

vacancy  occurring  in  said  board  of  directors  between  elec- 
tions the  same  may  be  filled  by  the  board  at  any  legal  meet- 
ing of  the  directors,  and  the  person  so  elected  to  fill  the 
vacancy  shall  hold  his  office  until  the  next  annual  meeting 
of  the  stockholders.  In  case  of  the  absence  of  the  presi- 
dent the  board  of  directors  shall  have  power  to  elect 
president  pro  temjiore,  who  shall  exercise,  for  the  time  be 
ing,  all  the  legal  powers  of  the  president  of  said  company 


President 
tempore 


33  1853. 

The  said  board  of  directors  shall  be  increased  by  a  vote  of 
a  majority  of  the  stockholders  present  at  any  annual  meet- 
ing, to  any  number  not  exceeding  thirteen. 

^  5.  It  shall  be  lawful  for  tiie  directors  to  make  calls  payment  otstoc  . 
upon  the  sums  subscribed  to  the  capital  stock  of  said  com- 
pany at  such  time  or  times,  and  in  such  amounts  as  they 
shall  deem  fit,  giving  at  least  thirty  days'  notice  of  each  of  ^""='^- 
said  calls  in  at  least  two  newspapers  published  in  this  state; 
and  in  case  of  failure  on  the  part  of  any  stockholder  to  make 
payment  of  any  call  made  by  said  directors  for  sixty  days 
after  the  same  shall  have  become  due,  the  said  board  of  di- 
rectors are  hereby  authorized  to  declare  such  stock  so  in 
arrears  and  all  sums  paid  thereon  forfeited  to  said  company. 

§  6.  The  said  company  are  hereby  authorized  and  em- ^^^„<,j^^.jj,g^  ^^  ,p. 
powered  to  locate,  construct  and  complete  and  to  main-  c^'e- 
tain  and  operate  a  railroad,  with  a  single  or  double  track, 
and  with  such  appendages  as  may  be  deemed  necessary 
by  the  directors  for  the  convenient  use  of  the  same,  from 
the  city  of  Beardstown,  in  the  county  of  Cass,  by  way  of  ^°'''** 
Chandlersville,  to  tiie  town  of  Petersburg,  in  Menard  coun- 
ty, and  to  survey  and  determine  the  line  of  said  road  upon 
such  route  between  said  points  as  the  company  shall  deem 
most  eligible.  And  said  company  are  further  authorized  Transportation. 
to  use  and  operate  said  railroad,  and  shall  have  power  and 
authority  to  regulate  the  time  and  manner  in  which  goods, 
effects  and  persons  shall  be  transported  on  the  same,  and 
to  prescribe  the  manner  in  which  said  railroad  shall  be 
used,  and  the  rate  of  toll  for  transportation  of  persons  and 
property  thereon,  and  for  the  storage  of  merchandise  and 
other  property  under  their  charge,  and  shall  have  power  to 
provide  all  necessary  stock  and  material  for  the  operation 
of  said  road,  and  shall  have  power  to  erect  and  maintain  all 
necessary  depots,  stations,  shops  and  other  buildings,  and 
machinery  for  the  accommodation,  management  and  oper- 
ation of  said  road. 

§   7.     That  said  company  are  hereby  authorized,  by  their  Preiiaiinary  sm- 
engineers  and  agents,  to  enter  upon  any  lands  for  the  pur-  ^*''^' 
pose  of  making  the  necessary  surveys  and  examinations  of^'^htof  w*y. 
said  road,  and  to  enter  upon,  take  and  hold  all  lands  ne- 
cessary for  the  construction  of  said  railroad  and  its  appen- 
dages, first  making  just  and  reasonable  compensation  to 
tlie  owners  of  said  lands  for  any  damage  that  may  arise  to  Damages. 
them  from  the  building  of  said  railroad ;  and  in  case  the 
said  company  shall  not  be   able  to  obtain  the  title  to  the 
lands  through  which  the  said  road  shall  be  laid,  by  pur- 
jcliase   or  voluntary  cession,  the  said  company  are  hereby 
authorized  to  proceed  to  ascertain  and  determine  the  dam- 
age sustained  by  such  owner  or  owners,  in  the  maimer  and 
upon  the  principles  provided  for  the  acquisition  of  tiie  right 
of  way  by  the  Ohio  and  Mississippi  Railroad  Company,  in  sipput. k.'co'"" 


1853.  34 

the  act  entitled  "An  act  to  incorporate  the  Ohio  and 
Mississippi  Railroad  Company,  and  for  other  purposes," 
approved  February  12th,  1851. 

p,mei-  t„  hon-o:x      §   8.     The   Said   company   are  authorized   and   empow- 

money.  ^^.^j  ^^  borrow,  from  time  to  time,  such  sum  or  sums  of 

money,  not  exceeding  the  capital  stock  of  the  company, 
•as  in  their  discretion  may  be  deemed  necessary  to  aid  in 
the  construction  i-.f  Raid  work,  and  to  pay  anj  rate  of  in- 
terest therefor  not  exceec'mg  ten  per  cent.,  and  to  pledge 
and  mortgage  said  road  and  its  appendages,  or  any  part 
thereof,  or  any  other  property  or  effects,  rights,  credits  or 
franchises  of  the  said  company,  as  security  for  any  loan  of 
money  and  interest  thereon,  and  to  dispose  of  the  bonds  is- 
sued for  such  loans  at  such  rate  and  on  such  terms  as  the 
board  of  directors  may  determine. 

§   9.     Said  corporation  shall  be  bound  to  repair  all  pub- 

R^pairhigiiw?.ys,  jjg  highways,  bridges  and  water  courses  which  may  be  in- 
jured in  constructing  the  said  railroad  or  its  appendages, 
and  shall  restore  them,  as  far  as  practicable,  to  as  good  a 
condition  as  they  were  before  they  were  injured- 

inion  with  other      §   10.     It  shall  be  lawful  for  the  said  company  to  unite 
roads.  ^j^[^  ^^y  othcr  railroad  company  Avhich  may  have  been  or 

may  hereafter  be  incorporated  by  the  state,  at  or  along  the 
route  of  the  road  hereby  authorized  to  be  constructed,  and 
to  grant  to  any  such  company  the  right  to  construct  and 
use  any  portion  of  the  road  hereby  authorized  to  be  con- 
structed, upon  such  terms  as  may  be  mutually  agreed  upon 
between  the  said  companies. 

Time    of    com-      §11-     The  Said  company  shall  be  allowed  three  years 
raencement.      ^^^^^  ^j^^  passagc  of  this  act  for  the  commencement  of  said 
railroad  ;  and  in  case  the  same  is  not   completed   in   ten 
years  thereafter,  the  privileges  herein  granted  shall  be  for- 
feited. 

Public  act.  §   12.     This  act  shall  be  deemed  and  taken  as  a  pub- 

lic  act,  and   shall  be   construed   beneficially  for  all  pur- 
poses herein  specified  or  intended. 
Approved  February  12,  1853. 


In  force  Feb.  11,  1^]!^  ACT  to  construct  a  railroad  from  Jacksonville,  in   Morgan  county,  to 
1S53.  '  Rock  Island. 

Section  1.     Be  it  enacted  by  the  peop/e  of  the  state  of 
cori-orutors.        JlUnois,  represented  111  the  General , Assembly,   That  Alex- 
ander M'Donald,   David  Robb,  V.  A.  Turpine,  Charles 
Sprague,  Charles  Farwell,  E.  M.  M.  Clark,  James  L.An- 
derson, James  M.  Campbell,  James  B.  Hyle,  Ivory  Quim- 


35  1853. 

by,  James  W.  Davidson  and  Lemuel  Andrews,  and  their 
associates,  successors  and  assigns,  are  hereby  created  a 
body  corporate  and  politic,  under  the  name  and  style  of  the 
"Upper  and  Lower  Mississippi  Railroad  Company,"  and  by  styio. 
that  name  be  and  tiiey  are  hereby  made  capable  in  law 
and  in  equity  to  sue  and  be  sued,  plead  and  be  impleaded, 
defend  and  be  defended,  in  any  court  of  law  and  equity  in 
this  state,  or  in  any  other  place;  to  make,  have  and  use  a*^'*^'*'"' i"^"'"'*- 
common  seal,  and  the  same  to  renew  and  alter  at  pleasure; 
and  shall  be  and  are  hereby  vested  Avith  all  the  powers, 
privileges  and  immunities  which  are  or  may  be  necessary 
to  carry  into  effect  the  purposes  and  objects  of  this  act  as  "'^'^ '' 
hereinafter  set  forth;  and  the  said  company  are  hereby  au- 
thorized and  empowered  to  locate  and  construct  and  finally 
complete  a  railroad  from  the  town  of  Jacksonville,  in  Morgan 
county,  by  way  of  Beardstown,  Frederickville,  Rushviile, 
Macomb  and  Mopmouth,  to  Rock  Island, and  for  this  purpose 
said  company  are  authorized, upon  the  most  eligible  and  pro- 
per route,  to  lay  out  their  said  railroad  wide  enough  for  a 
single  or  double  track,  through  the  whole  length,  and  may 
enter  upon  and  take  a  strip  not  exceeding  one  hundred  feet 
in  width,  and  for  the  purpose  of  cutting  embankments,  stone 
and  gravel,  may  take  as  much  more  land  as  may  be  neces- 
sary for  the  proper  construction  of  and  security  of  said 
railroad  :  Provided,  said  company  shall  not  be  fully  organi- 
zed and  be  capable  of  constructing  their  said  railroad  until 
one  thousand  dollars  per  mile  of  the  stock  of  said  compa- 
ny shall,  in  good  faith,  be  subscribed,  and  ten  per  cent, 
thereof  be  paid,  agreeably  to  the  provisions  of  the  act  enti- 
titled  "An  act  to  provide  for  a  general  system  of  railroad 
incorporations,"  passed  November  5,  1849. 

§   '2.     The  capital   of  said  company  siiali  consist  of  one  carjuai stock. 
million  dollars,  and  may  be  increased  to  two  millions  dol- 
lars, to  be  divided  into  shares  of  one  hundred  dollars   each. 
The  immediate  government  and  direction  of  said  company 
shall  be  vested  in  seven  directors,  who  shall  be  chosen  by  directors. 
the  stockholders  of  said  company  in  the  manner  hereinafter 
provided,  who  shall  hold    tlieir  ollice   for  one   year  after 
election,  and  until  others  shall  be   duly  elected  and  quali- 
fied to  take  their  places  as  directors,   and  the   said  direc- 
tors, a  majority  of  whom  shall  form  a  quorum  for  the  trans- 
action of  business,  shall   elect   one  of  their  number  to  be 
the  president  of  the  company;  that  the  said  board  of  direc-i'ie^idcut. 
tors  shall  have  power  to  appoint  all  necessary  clerks,  sec- 

1  ir  ,  .'.  ,       All  other  offlceri. 

retary  and  other  officers  necessary  m  the  transaction  ot  trie 
business  of  said  corporation. 

§  3.     The  said  corporation  is  hereby  authorized,  by  their  p_.^i^_^_.^^^_^,  ^^^ 
agents,  surveyors  and  engineers,  to  [cause]  such  examina-  Tey. 
tions  and  surveys  to  be  made  of  the  ground  and  country 
between  the  points  herein  named  as  shall  be  necessary  to  de- 


1853. 


36 


Anniuvlineptlnt's. 


CommissloncrB. 


termine  the  most  advantageous  route  for  the  proper  line  or 
course  whereon  to  construct  their  said  railroad,  and  it  shall 
be  lawful  for  said  company  to  enter  upon  and  take  posses- 
sion of  and  use  all  such  lands  and  real  estate  as  may  be 
necessary  for  the  construction  and  maintenance  of  their 
said  railroad:  Provided,  tiiat  all  lands  or  real  estate  en- 
tered upon  and  taken  possession  of  and  used  by  said  cor- 
poration for  the  purposes  and  accommodation  of  said  rail- 
road, or  upon  which  the  site  for  said  railroad  shall  have 
been  located  or  determined  by  the  said  corporation,  shall 
be  paid  for  by  said  con  pany  in  damages,  if  any  be  sustain- 
ed by  the  owner  or  owners  thereof,  by  the  use  of  the  same 
for  the  purposes  of  said  railroad,  and  all  lands  entered  upon 
and  taken  for  the  use  of  said  corporation  which  are  not 
donated  to  said  company  shall  be  obtained  and  paid  for  in 
the  manner  provided  for  taking  lands  for  the  construction 
of  public  roads,  canals  and  other  public  works  as  prescri- 
bed in  the  act  concerning  right  of  way,  approved  June  22d, 
1852. 

§  4.  If  any  person  shall  wilfully,  m>aliciously  or  wan- 
tonly, and  contrary  to  law,  obstruct  the  passage  of  any  car 
on  said  railroad,  or  any  part  thereof,  or  any  thing  belong- 
ing thereto,  or  shall  damage,  break  or  destroy  any  part  of 
the  railroad,  or  implements,  or  buildings,  he,  she  or  they, 
or  any  person  assisting,  shall  forfeit  and  pay  to  said  com- 
pany, for  every  such  offence,  treble  the  amount  of  damages 
that  shall  be  proved  before  a  competent  court  has  been  sus- 
tained, and  be  sued  for  in  the  name  and  behalf  of  said  com- 
pany; and  such  offender  or  offenders  shall  be  deemed 
guilty  of  a  misdemeanor,  and  shall  be  liable  to  indictment, 
in  the  same  manner  as  other  indictments  are  found  in  any 
county  or  counties  where  such  offence  shall  have  been  com- 
mitted; and  upon  conviction  every  such  offender  shall  be 
liable  to  a  fine  not  exceeding  five  thousand  dollars,  for  the 
use  of  the  county  where  such  indictment  may  be  found. 

§  5.  The  time  of  holding  the  annual  meetings  of  said 
company  for  the  election  of  directors  shall  be  fixed  and  de- 
termined by  the  by-laws  of  said  company;  and  at  all  meet- 
ings each  stockholder  shall  be  entitled  to  a  -\ote  in  person 
or  by  lawful  proxy,  one  vote  for  each  sliare  of  stock  he,  or 
she  or  they  may  hold  hima  fide  in  said  company. 

§  6.  The  persons  named  in  the  first  section  of  this  act 
are  hereby  appointed  commissioners,  who,  or  a  majority  of 
them,  are  hereby  authorized  to  0j)en  subscription  books  for 
said  stock  at  such  places  as  they  may  deem  proper.  The 
said  commissioners  shall  require  each  subscriber  to  pay 
five  dollars  on  each  share  subscribed  at  the  time  of  sub- 
scribing, and  whenever  one  hundred  thousand  dollars  shall 
be  subscri!)ed  the  said  commissioners  shall  call  a  meeting 
of  the  stockholders,  by  giving  thirty  days'  notice  in  some 


37  1853. 

newspaper  printv^d  in  the  county  of  Schuyler,  and  at  such 
meeting  it  shall  be  lawful  to  elect  the  directors  of  said 
company,  and  whenever  the  directors  of  said  company  are 
chosen  ihe  said  commissioners  shall  deliver  said  subscrip- 
tion books,  with  all  sums  of  money  received  by  thcjn  as 
commissioners,  to  said  directors.  No  person  shall  be  a  di- 
rector in  said  company  unless  lie  shall  own  at  least  five 
sliares  of  the  capital  stock. 

§  1 .  That  the  right  of  way  and  the  real  estate  purchas-PiuiJtrty. 
ed  for  tl'.e  right  of  way  by  said  company,  whether  by  mu- 
tual agreement  or  otherwise,  or  wliich  sliall  become  the 
proj)erty  of  the  company  by  operation  of  law  as  in  this  act 
provided,  shall,  upon  the  payment  of  the  amount  of  money 
belonging  to  the  owner  or  owner  of  said  lands  as  a  com-  . 
pensation  for  the  same,  become  tlie  property  of  the  said 
company  in  fee  simple. 

§  8.  The  said  corporation  may  take  and  transport  upon  Trans.ior  r:<, 
said  railroad  t>ny  person  or  persons,  merchandise  or  other 
property,  by  the  force  and  power  of  steam,  of  animals,  or 
any  combination  of  them,  and  may  fix,  establisii,  take  and 
receive  such  rates  of  toll  for  all  passengers  and  property 
transported  upon  the  same,  as  tlie  directors  shall,  from 
time  to  time,  establish;  and  the  directors  are  hereby  au- 
thorized a!id  empowered  to  make  all  necessary  rules,  by- 
laws, regulations  and  ordinances,  that  they  may  deem  ne- 
cessary and  expedient  to  accomplish  the  designs  and  pur- 
poses, and  to  carry  into  effect  the  provisions  of  this  act,  and 
for  the  transfer  and  assignment  of  its  stock,  which  is  hereby 
declared  personal  property,  and  transferable  in  such  man- 
ner as  shall  be  provided  for  by  the  by-laws  and  ordinances 
of  said  corporation. 

0  9.  The  directors  of  said  company,  after  the  same  is  „ 
organized,  sliall  have  power  to  open  books  in  the  manner  tors. 
prescribed  in  the  sixth  section  of  this  act,  and  to  fill  up  the 
additional  one  million  dollars  of  stock,  or  any  part  thereof, 
at  such  times  as  they  may  deem  it  for  the  interest  of  said 
company;  and  all  the  instalments  required  to  be  paid  on 
the  stock  ori^anally  to  be  taken,  and  what  may  be  taken 
to  increase  said  caj)ital,  shall  be  paid  at  such  times  and  in 
such  sums  as  said  directors  may  prescribe. 

§  10.  In  case  of  the  death,  resignation  or  remo^'al  of  vacnr.cics. 
the  president,  vice  president,  or  any  director  at  any  time 
betv/een  the  annual  elections,  such  vacancy  may  be  filled 
for  the  remainder  of  the  year,  whenever  they  may  happen, 
by  the  board  of  directors  ;  and  in  case  of  absence  of  the 
president  and  vice  president,  the  board  of  directors  shall 
have  power  to  appoint  a  president  y^ro  tempore,  who  shall 
have  and  exercise  such  powers  and  functions  as  the  by-laws 
of  said  corporation  may  provide.  In  case  it  should  at 
any  time  happen  that  an  election  shall  not  be  held  on  any 


1853.  38 

day  on  which  in  pursuance  of  this  act  it  ought  to  be  held, 
the  said  corporation  sliall  not  for  that  cause  be  deemed 
dissolved,  !)ut  such  election  shall  be  held  at  any  other  time 
directed  by  the  by-laws  of  said  corporation. 

^11.  That  whenever  it  shall  be  necessary  for  the 
construction  oi  said  railroad  to  intersect  or  cross  any  water 
course  or  any  road  or  highway  between  the  points  afore- 
said, it  shall  be  lawful  for  the  corporation  to  construct 
their  railroad  across  or  upon  the  same:  Provided.^  that  the 
corporation  shall  restore  the  water  course,  or  road,  or 
highway  thus  intersected  to  its  former  state,  or  in  a  suffi- 
cient manner  not  to  have  impaired  its  usefulness. 

Cj(.:toistodcmay  §  12.  That  the  capital  stock  of  said  company  may  be 
liciucnasca.  increased  from  one  million  dollars  to  two  million  dollars 
from  time  to  time  by  new  subscriptions,  if  such  increase 
shall  be  foimd  necessary  to  fulfil  the  intention  of  this  act, 
upon  the  directors  for  the  time  being  giving  the  notice  as 
herein  required,  previous  to  the  opening  of  the  subscrip- 
tion books  for  the  original  stock  herein,  and  that  all  stock 
of  said  corporation  shall  be  deemed  personal  property  ai.d 
transferable  in  such  manner  as  the  said  corporation  shall 
by  its  by-laws  prescribe. 

§   13.     That  it  shall  be  lawful  for  the  directors  to  require 

iM.v!iuT.ioi  stock,  payrfn^nt  q{  \\^q  sums  subscribed  to  the  capital  stock  at  such 
times  and  in  such  proportion  and  on  such  conditions  as  they 
shall  deem  fit,  under  the  penalty  of  the  forfeiture  of  all  previ- 
ous payments  thereon,  and  shall  give  notice  of  the  payments 
thus  required,  and  of  the  place  and  time  when  and  where 
the  same  are  to  be  paid,  at  least  ninety  days  previous  to 
the  payment  of  the  same,  in  some  public  newspaper  of  this 
state,  published  in  some  one  of  the  places  where  the  notice 
for  the  opening  the  books  for  subscription  to  the  capital 
stock  may  have  been  published. 

wiiitii  of  rortd.  §    14.     The  width  of  said  railroad  is    to  be  determined 

by  the  said  corporation,  within  the  limits  prescribed  by  the 
[first]  section  of  this  act. 

§    15.     The   said    corporation   may,  for  the  purposes  of 

'"nov!  "'"""'locating,  constructing  and  maintaining  said  road,  borrow 
money  at  an  interest  not  exceeding  eight  per  cent,  per 
annum,  and  pledge  tlie  road,  and  all  or  any  part  of  its  pro- 
perty and  effects,  for  the  repayment  thereof,  and  may  loan 
any  surplus  funds  at  such  rate  of  interest  asis  now  allow- 
ed upon  money  loaned.  If  said  road  shall  be  constructed 
between  any  of  the  j)oints  herein  named  within  ten  years 
from  the  passage  of  this  act,  the  corporation  shall  continue 
to  exist,  and  have,  use,  manage  and  control  the  same  as 
though  the  whole  length  of  road  had  been  completed. 
Every  county  through  whicii  said  railroad  shall  run  may  sub- 
scribe any  sum  not  exceeding  fifty  thousand  dollars  to  the 

I'rcvijo.  capital  stock  of  said  company:  Provided,  the   consent  of 


39  1853. 

'^he  legal  voters  of  such  county  shall  be  first  obtained;  and 
it  shall  be  lawful  for  such  counties  to   issue  and  negotiate 
these  bonds  for  the  purpose  of  meeting  sucii  subscriptions:  proviso. 
Provided,  no  higher  rate  of  interest  that  seven  per   cent, 
shall  be  paid  on  such  bonds. 
Approved  February  11,  1853. 


AN  ACT  to  incorpora,te  the  State  Line  and  Mississippi  Railroad  Corjuany.  in  force  Feb.  V2. 

1853. 

Section  1.  Be  it  enacted  by  the  people  of  the  date  of 
Illinois,  represented  in  the  General  ^i^,se?/i/;/y,  That  all  such  corpovatioD, 
persons  as  may  hereafter  become  stockholders  according  to 
the  provisions  of  this  act  in  the  corporation  hereby  created, 
tlieir  successors  and  assigns,  shall  be  and  are  hereby  created 
a  body  politic  and  corporate,  with  perpetual  succession,  by 
the  name  and  style  of  tlie  State  Line  and  Mississippi  Railroad  style. 
Company,  and  by  that  name  may  sue  and  be  sued,  plead  and  General  rower?. 
be  impleaded,  defend  and  be  defended,  in  all  courts  of  law 
and  equity,  in  tliis  state  or  elsewhere  ;  may  have  and  use  a 
common  seal,  and  the  same  alter  or  renew  at  pleasure  ;  and 
shall  be  and  are  hereby  vested  with  all  the  powers,  privile- 
ges and  immunities  that  are  or  may  be  necessary  to  carry 
into  efiecf.  the  objects  and  purposes  of  tiiis  act ;  and  the  said  otrests. 
compau}'  are  hereby  authorized  and  empowered  to  locate, 
construct,  maintain,  equip,  and  operate  a  railroad  from  the 
northern  line  of  the  state  of  Illinois  to  the  Mississi})pi  riv- 
er at  any  point  not  south  of  Savanna,  and  for  tliis  purpose 
may  take,  use,  occup}^  and  enjoy,  in  the  manner  herein  pro- 
vided for  right  of  way,  lands  not  exceeding  one  hundred 
feet  in  width  on  the  whole  of  said  line,  and  for  the  purpose 
of  cuttings,  embankments,  stone  and  gravel,  may  take  as 
much  more  land  as  may  [be]  necessary  for  the  construc- 
tion and  maintenance  of  said  railroad. 

§  2.  The  capital  stock  of  said  company  shall  be  one  capita stok. 
million  of  dollars,  with  power  in  the  board  of  directors  to 
increase  the  same  to  an  amount  not  exceeding  tiie  actual 
cost  of  the  construction  and  equipment  of  said  road,  which 
capital  slock  shall  be  divided  [intoj  shares  of  one  hundred 
dollars  each,  shall  be  deemed  and  held  personal  property, 
and  shall  be  transferred  in  such  manner  as  the  by-laws  of 
the  company  may  direct. 

§   3.      That  E.  N.  Barber,  N.  Hunt,  William    Lee,  Wil- commissioners. 
Ham  Mathews,  Abel  English,  WilHam  Smith,  Daniel   Rey- 
nolds, William  C  Easton  and  Thomas  Brown,  be  and  they 
are   hereby  appointed   commissioners,  whose   duty  it  shall 


1853. 


40 


ouce.  ^^'  at  such  times  and  places  and  upon  such  notice  as  a  ma- 

jority of  them  shall  deem  proper,  to  open  books  for  sub- 
scription to  the  capital  stock  of  said  company;  said  books 
to  remain  open  until  the  sum  of  two  hundred  and  fifty  thou- 
sand dollars  shall  be  subscribed  ;  and  thereupon  such  com- 
missioners shall  give  public  notice  to  the  stockholders  to 
meet  at  a  time   and  place  in  said  notice  specified,  and  elect 

irectors.  ^  board  of  thirteen  directors  to  manage  the  affairs  of  said 

company  ;  and  said  persons,  when  so  elected,  shall  be  di- 
rectors for  one  year,  and  until  their  successors  are  elected 

ectionotpresi-and  qualified.      They  shall  elect  one  of  their  number  pres- 

ufficere.^^  °''^'^'^ident,  and  such  other  officers  and  servants  as  they  may 
deem  necessary  for  the  transaction  of  the  business  of  said 
company.  An  annual  meeting  of  stockholders  shall  be 
afterwards  holden  at  such  time  and  place  as  may  be  fixed 
by  the  by-laws  of  the  company,  for  the  election  of  direc- 
tors, which  election  shall  be  conducted  by  three  inspectors, 
to  be  chosen  by  the  stockholders  present,  and  each  stock- 
holder shall  be  entitled,  in  person  or  by  proxy,  to  one  vote 
for  each  share  of  stock  he  may  hold,  and  on  which  all  calls 
made  have  been  paid.  A  majority  of  the  directors  shall 
be  a  quorum  for  the  transaction  of  business. 

§   4.     The  said  corporation  is  hereby  authorized,  by  its 

_^.  .  surveyors,  agents  and  officers,  to  make  such  surveys  of  the 

vey.  line  of  said  road  as  to  determine  the  most  eligible  and  di- 

rect route  upon   which  to  construct  the  same,  and  it  sliall 

ightofway.  j^g  lawful  for  Said  company  to  enter  upon,  take  possession 
of,  and  use  all  such  land  and  real  estate  as  may  be  neces- 
sary for  the  construction  and  maintenance  of  their  said  rail- 
road, its  depots,  side  tracks,  water  stations,  engine  houses, 
and  other  buildings,  and  appendages  necessary  to  the  con- 

•ovigo.  struction  and  working  of  said  road  :  Provided^  that  all  such 

lands  or  real  estate  so  entered  upon  and  taken  shall  be 
paid  for  by  said  company  in  damages,  if  any  be  sustained 
by  the  owner  or  owners  thereof;  and  if  the  company  and 
said  owner  or  owners   cannot  agree  u{)on  the  amount  of 

amases.  gg^i^j  damages,  or  if  any  of  said  owners  shall  be  minors,  in- 

sane persons,  married  women  or  non-residents,  then  the 
amount  of  said  damages  shall  be  assessed  and  recovered 
in  the  manner  provided  for  taking  lands  for  the  construc- 
tion of  public  roads,  canals,  or  other  public  works,  as  pre- 
scribed by  the  act  concerning  right  of  way,  approved 
March  3d,  1845. 

ropcriy.  §   ^'     The  right  of  way  and  the  real  estate  purchased  for 

the  use  of  said  company,  wliether  by  mutual  agreement  or 
otherwise,  sluill,  upon  the  payment  of  the  amount  contrac- 
ted for,  or  assessed  as  damage?  ujion  the  same,  become  the 
property  of  said  company  in  fee  simple. 

nvvor  ot  dine-      §   6.     Tiic  dircctors  of  said  company,  after  the  same  is 

'^"'*'  organized,  shall  have  power  to  open  books  in  the  manner 


41  1853. 

prescribed    in  the  third  section  of  this  act,    to  fill  up  the 
additional    capital    stock,    or  any   part  thereof,    at    such '°"^^^°°^'*'^'^'^- 
times  as  they  may  deem  it  for  the  interest  of  said  company, 
and  to  call  the  instalments    on  such  stock,  and  that  previ- 
ously taken,  at  such  times  as  they  may  deem  proper. 

§  7.  The  said  corporation  may  take  and  transport  on  Trinsponation. 
said  railroad,  passengers,  merchandise  and  property,  by  the 
force  and  [power]  of  steam  or  animals,  or  any  combination 
thereof,  and  may  fix,  establish,  take  and  receive  such  rates 
of  toll  or  freight  for  such  passengers  and  property  as  the 
directors  may  from  time  to  time  determine  ;  and  the  direc- 
tors are  hereby  authorized  and  empowered  to  make  all  ne- 
cessary by-laws,  rules  and  regulations  that  they  may  deem 
necessary  and  expedient  to  carry  into  effect  the  provisions 
of  this  act. 

§  8.  In  the  event  of  the  death,  resignation  or  removaP''"^'^""'^^' 
of  any  director,  the  vacancy  or  vacancies  so  created  shall 
be  filled  by  the  remaining  directors  until  the  next  annual 
election.  In  case  it  shall  at  any  time  happen  that  an 
election  shall  not  be  held  on  the  day  designated  therefor, 
the  said  corporation  shall  not  for  that  cause  be  dissolved, 
but  such  election  may  be  held  at  any  time  within  twenty 
days  thereafter,  upon  such  notice  as  may  be  required  of 
the  annual  election. 

§  9.  Whenever  it  shall  be  necessary  in  the  construe- intersections, 
tion  of  said  railroad,  to  intersect  or  cross  the  track  of  any 
other  railroad,  or  to  cross  any  stream  of  water,  ravine,  road 
or  highway  on  the  route  of  said  road,  it  shall  be  lawful  for 
said  company  to  construct  their  road  across  or  upon  the 
same:  Provided,  that  the  said  company  shall  restore  the I'ro^iso. 
railroad,  stream  of  water,  water  course,  road  or  highway 
thus  intersected  or  crossed  to  its  former  state,  or  in  a  suf- 
ficient manner  not  materially  to  impair  its  usefulness. 

§  10.  Said  company  shall  have  power  to  unite  its  rail- ^".I.X"'' '''''' 
road  with  any  other  railroad  now  constructed  within  this 
state,  upon  such  terms  as  may  be  mutually  agreed  upon 
between  the  companies  so  connecting  ;  and  for  that  pur- 
pose full  power  is  hereby  given  to  said  company  to  make 
and  execute  such  contracts,  leases,  or  other  agreements 
with  any  other  company  as  will  secure  the  objects  of  such 
connection,  shall  only  connect  with  such  railroads  as  it  may 
cross  on  its  route. 

§  11.  Said  company  is  hereby  authorized  and  empow- Power  foboriow 
ered  to  borrow  money  to  aid  in  the  construction,  equip-  "'""'y- 
ment  and  maintenance  of  its  said  road,  to  issue  and  dispose 
of  its  bonds  therefor,  and  as  security,  to  moitgage  its  said 
road,  property  and  franchises;  and  all  sales  of  said  lands 
[bondsj  that  may  be  made  at  less  than  their  par  value, 
shall  be  as  valid  and  binding  upon  said  corporation  as  if  said 
bonds  had  been  sold  for  the  full  amount  thereof. 


1853. 


42 


§  12.  If  any  person  shall  wilfully,  maliciously  or  wan- 
tonly obstruct  the  passage  [of  any]  engine  or  car  on  said 
railroad,  or  any  part  thereof,  or  sliail  damage,  break  or  de- 
stroy any  part  of  said  railroad  or  buildings,  cars  or  machin- 
ery thereof,  every  such  person  so  offencling  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  indictment  therefor  and 
conviction  thereof,  shall  1)6  liable  to  a  fine  of  not  exceeding 
five  hundred  dollars,  and  may  be  imprisoned  not  exceeding 
one  year,  at  the  discretion  of  tlie  court,  and  shall  further  be 
liable  to  said  railroad  company  in  treble  the  amount  of  dam- 
ages sustained,  to  be  recovered  in  any  court  of  competent 
jurisdiction. 

§  13.  This  act  shall  be  in  force  from  and  after  its  pas- 
sage, and  said  company  shall  commence  said  work  within 
two  years,  and  com[)lete  the  same  within  five  years  from 
the  passage  of  this  act. 

Approvkd  February  12,  1853. 


In  forcH  Feb.  10,  AN  ACT  (o  incorporate  the  Galena  and  Mississippi  Intersection  Railroad 
l^'^s.  Company. 

Section  1.     Be  it  enacted  by  the  people  of  the  state  nf 

corporators.  llUnoi'i^  represented  in  the  General  ^dssembly,  That  Alex- 
ander C.  Davis,  S.  S.  Merrell,  Isaac  P.  Stevens,  Cyrenus  B. 
Denio  and  M.  Y.  Johnson,  and  all  such  persons  as  shall 
hereafter  become  stockholders  in  the  company  hereby  in- 
corporated,  sliall  be  a  body  politic   and  corporate,  by   the 

style.  name  and  style  of  "Tiie  Galena  and  Mississippi  Intersection 

Railroad  Company  ;"  and  under  that  name  and  style  shall  be 

Ganerai  powers,  capable  of  suciug  and  being  sued,  imj)leading  and  being  im- 
pleaded, defending  and  being  defended,  in  law  and  equity,  in 
all  places  whatsoever,  in  as  full  a  manner  as  natural  per- 
sons ;  may  make  and  use  a  common  seal,  and  alter  or  re- 
new the  same  at  pleasure ;  and  by  their  said  corporate 
name  and  style  vshall  be  capable  of  contracting  and  being 
contracted  with,  and  shall  be  and  are  hereby  invested  with 
all  the  powers,  privileges,  immunities  and  franchises,  and 
of  acquiring  oy  purchase  or  otherwise,  and  of  holding  and 
conveying  real  and  ])ersonal  estate  which  may  be  needful 
to  carry  into  eft'ect  fully  the  j)urposes  and  objects  of  this 
act. 

§   2.     The  said  corporation  is  hereby  authorized  and  em- 

objocis.  powered    to   survey,  locate,    construct,   complete,   alter, 

maintain  and  operate  a  railroad,  with  one  or  more  tracks 
or  lines  of  rails,  IVom  t!ie  southern  or  western  limits  of  the 
city  of  Galena  to  a  point  on  the  Mississippi  river  at  or  near 


43  1853. 

the  most  practicable  point  opposite  the  Tete  de  Mort  Val- 
ley. Said  corporation  shall  have  the  right  of  way  upon 
and  may  appropriate  to  its  sole  use  and  control,  for  the 
purposes  contemplated,  land  not  exceeding  two  hundred 
feet  in  width  through  its  entire  length,  and  may  enter  upon 
and  take  possession  of  and  use,  all  and  singular,  any 
lands,  streams  and  materials  of  every  kind,  for  the  location 
of  depots,  stations,  and  may  construct  bridges,  dams,  em- 
bankments, excavations,  station  grounds,  spoil  banks,  turn- 
outs, engine  houses  and  other  buildings  necessary  for  the 
completion  and  full  operation,  preserving,  maintaining  and 
continuing  of  said  road;  and  all  such  lands,  waters,  materi- 
als and  privileges  belonging  to  the  state  are  hereby  given 
to  said  corporation  for  said  purpose  ;  but  when  owned  by 
any  other  person  or  persons,  and  cannot  be  obtained  by 
voluntary  grant  or  release,  the  same  may  be  obtained,  ta- 
ken and  paid  for,  if  any  damages  are  awarded,  in  the  man- 
ner provided  for  in  an  act  concerning  the  Illinois  Central 
Railroad  company  and  amendments,  with  the  limitations, 
restrictions,  rights  and  privileges,  so  far  as  the  same  are  ap- 
plicable. 

§  3.  The  capital  stock  of  said  corporation  shall  be  three  capital  stock. 
hundred  thousand  dollars,  divided  into  shares  of  one  hun- 
dred dollars,  which  shall  be  deemed  personal  property,  and 
may  be  issued  and  transferred  in  such  manner  as  the  board 
may  direct,  who  shall  have  power  to  require  tlie  payment 
of  sums  subscribed  by  stockholders  in  such  manner  as  they 
may  deem  proper;  and  on  refusal  or  neglect  to  make  pay- 
ment on  requisition  of  said  board,  the  shares  of  said  delin- 
quents may  be  sold  by  the  order  of  the  board,  on  giving 
thirty  days'  notice,  under  the  rules  and  by-laws  of  the 
board,  and  the  surplus,  after  deducting  the  payment  due 
said  corporation,  sliall  be  paid  to  such  delinquent  stock- 
holder. 

§  4.  The  corporators  herein  named  shall  cause  books  g,j,,^,,i.iption, 
to  be  opened  for  the  subscription  of  stock,  in  such  manner, 
time  and  place  as  they  may  think  proper,  and  when  a 
sufficient  amount  of  stock  is  subscribed  and  actually 
paid  in,  said  company  may  make  the  same  a  basis  to  ef- 
fect a  loan  to  complete  said  railroad.  And  all  the  cor- Loan  money. 
porate  powers  of  said  company  shall  be  vested  in  a  board  of 
directors,  and  such  officers,  agents  and  attorneys  as  they 
may  appoint,  each  sliare  having  one  vote,  to  be  given  in 
person  or  by  proxy,  and  all  vacancies  may  be  filled  by  the 
board  from  the  stockholders,  until  the  next  annual  election; 
and  all  officers,  agents,  servants  and  attorneys,  whether 
members  of  the  board  or  not,  may  be  paid  off  and  dismissed 
under  such  rules  as  the  board  may  adopt. 


§   5.     That  said  corporation  hereby  created  is  fully  au-  ^ 
intersect,   consolidate  or  con- 


nion  with  oUior 
roads* 


Ig53.  44 

struct  said  road  in  connection  with  any  other  railroad 
either  within  the  state  of  Illinois  or  elsewhere,  and  all  the 
rights  secured  to  either  of  said  roads  are  hereby  secured  to 
the  consolidated  road,  and  may  cross,  run  along  with  or  upon 
the  line  of  any  other  railroad  now  constructing  or  now  in 
process  of  construction  by  any  other  company.  The  com- 
pany formed  by  this  act  shall  join  with  any  other  company 
in  making  all  necessary  turn-outs,  switches  and  other  con- 
veniences, to  further  the  object  of  such  connection.  And 
when  the  route  of  any  other  company  shall  be  occupied,  or 
the  same  cannot  be  agreed  as  to  the  terms  on  which  such 
parts  of  said  road  may  be  used,  the  same  shall  be  submit- 

Ar'oitrators.  ted  to  arbitration — said  arbitrators  being  appointed  by 
the  judge  of  the  circuit  court,  whose  award  shall  embrace 
all  matters  of  differences,  and   be   final  and  conclusive  on 

Proviso.  ^j^g  parties  :  Provided^  that  this  section  shall  and  be  so  con- 

strued as  to  permit  said  company  to  extend  said  road  to 
any  other  road  or  point  other  than  between  the  two  termin- 
us of  said  road. 

Acceptance  of  act  §  6.  That  all  grants  herein  contained  shall  cease  and 
be  void  unless  accepted  by  said  company  within  ninety 
days  after  the  passage  of  the  act,  the  same  being  a  public 
act,  and  to  be  construed  liberally  for  the  purposes  herein 
declared. 

§   7.  That  all  the  rights,  privileges  and  advantages,  with 

Central  road  ap- the  limitations    and  restrictions   conferred  on   the  Illinois 

piicabie.  Central  Railroad  Company,  so  far  as  the  same  are  applica- 

ble, are  hereby  conferred  on  this  company. 
Approved  Februarj'  10,  1853. 


In  force  Feb.  12.  -^^  ACT  to  incorporate  the  Mendon  Branch  Railroad  Company. 

1853. 

Section  1.  Beit  enacted  hy  the  people  of  the  state  of 
Illinois,  represented  in  the  General  ^Issembli/,  That  all  such 
Corporation.  persons  that  as  shall  become  stockholders  agreeably  to 
the  provisions  of  this  act  in  tliis  cor[)oration  hereby  crea- 
ted, shall  be,  and  for  the  term  of  sixty  years  from  and  af- 
ter the  passage  of  this  act  shall  continue  to  be,  a  body  cor- 
porate and  politic  by  the  name  and  style  of  "The  Mendon 
Branch  Railroad  Company,"  and  by  that  name  shall  have 
succession  for  the  term  of  years  above  specified;  may  sue 
and  be  sued,  complain  and  defend,  in  any  court  of  law  or 
equity  ;  may  make  and  use  a  common  seal,  and  alter  the 
same  at  pleasure  ;  may  make  by-laws,  rules  and  regula- 
tions for  the  management  of  property,  the  regulation  of  its 
affairs,    and  for  the  transfer  of  its  stocks,  not  inconsistent 


style. 

General  powers. 


45  1853. 

with  the  existing  laws  and  constitution  of  this  state  or  of 
the  United  Slates  ;  and  may,  moreover,  appoint  such  sub- 
ordinate agents,  officers  and  servanty  as  the  business  of  the 
said  company  may  require,  prescribe  their  duties,  and  re- 
quire bond  for  the  faithful  performance  of  their  trust. 

§  2.  That  Peter  Wible,  Edward  Fowler,  J.  L.  Arnold,  commissioners. 
S.  R.  Chittenden,  Daniel  Bradley,  William  Laughlin,  A. 
Francis,  C.  Hooper,  William  Nelson  be  and  they  are  here- 
by appointed  commissioners  for  the  purpose  of  procuring 
subscriptions  to  the  capital  stock  of  said  comj)any,  whose 
duty  it  shall  be  to  open  books  for  subscription  to  the  cap- 
ital stock  of  said  company,  giving  notice  of  the  time  and^°'"^^' 
place  when  and  where  said  books  will  be  0})ened,  at  least 
thirty  days  previous  thereto,  by  publishing  in  some  news- 
paper printed  and  published  in  the  city  of  Quincy,  and  also 
by  putting  up  printed  or  written  notices  thereof  at  the  town 
of  Mendon,  and  along  the  line  of  the  proposed  road.  The 
said  commissioners,  or  a  majority  of  them,  shall  attend  at 
the  places  appointed  for  the  opening  of  said  books,  and 
shall  continue  to  receive  subscriptions,  either  personally 
or  by  such  agents  as  they  shall  appoint  for  that  purpose, 
until  the  sum  of  twenty  thousand  dollars  shall  have  been 
subscribed,  and  as  soon  as  said  sum  of  twenty  thousand 
dollars  is  subscribed,  the  said  commissioners  shall  give 
twenty  days'  notice,  by  publication  in  some  newspaper 
published  in  the  city  of  Quincy,  of  an  election  by  said 
stockholders  of  a  board  of  directors,  as  liereinafter  provided.  Directors. 
for  the  management  of  said  company,  at  such  time  and  place 
appointed  by  said  directors  for  that  purpose.  The  said  com- 
missioners, or  a  majority  of  them,  shall  attend  and  act  as 
inspectors  of  said  election,  and  the  stockholders  present 
shall  proceed  to  elect  seven  directors  by  ballot,  and  the 
commissioners  present  shall  certify  the  result  of  such  elec- 
tion under  their  hands,  which  certificate  shall  be  recorded  Rg^-ji-aed. 
in  the  record  book  of  said  company,  and  shall  be  sufficient 
evidence  of  the  election  of  the  directors  therein  named. 
The  directors  thus  elected  shall  hold  their  offices  for  one 
year,  and  until  their  successors  are  elected  and  qualified. 

§  3.  The  capital  stock  of  said  company  shall  be  fifty  capital  ^tocu. 
thousand  dollars,  which  shall  be  divided  into  sliares  of  fifty 
dollars  each,  and  may  be  increased  by  the  directors  of  said 
company  to  any  sum  not  exceeding  two  hundred  thousand 
dollars,  if  necessary  to  complete  tiie  works  herein  author- 
ized, and  the  same  shall  be  subscribed  for  and  taken  under 
tiie  direction  of  the  board  of  directors  of  said  company,  in 
such  time,  place  and  manner  as  the  said  directors  shall 
from  time  to  time  direct.  The  shares  in  said  company 
shall  be  deemed  and  considered  as  personal  property. 

§   4.     The  affairs  of  said  company  shall  be  managed  by 
the  said  board  of  directors,  the  said  directors  to  be  chosen 


1853.  46 


annually  by  the  stockholders  from  among  themselves.  At 
all  elections  for  directors,  each  stockholder  shall  be  entitled 
to  one  vote  for  each  share  held  by  him,  and  may  vote  either 
personally  or  by  proxy  ;  and  a  plurality  of  votes  given  at  any 
election  shall  determine  the  choice  ;  and  no  stockholder 
shall  be  allowed  to  vote  at  any  election,  after  the  first,  for 
any  stock  which  shall  have  been  assigned  to  him  within  thir- 
ty days  })revious  to  said  election.  The  directors  shall  hold 
their  offices  for  one  year  alter  elected,  and  until  their 
successors   are  elected  and  qualified,  and  shall   elect  one 

'resuient.  of  their  number  president  of  said  board  ;  and  in  case  of  any 

vacancy  occurring  in  said  board  of  directors  between  elec- 
tions, the  same  may  be  filled  by  the  board  at  any  legal  meet- 
ing of  the  directors,  and  the  ])erson  so  elected  to  fill  the  va- 
cancy shall  hold  his  office  until  the  next  annual  election  of 
the  directors  as  aforesaid.  In  case  of  the  absence  of  the 
president  of  the  board,  tlie  directors  shall  have  power  to 
elect  a  president  pro  tempore^  who  shall  exercise,  for  the 
time  being,  all  the  legal  powers  of  the  president  of  said  com- 
pany ;  and  the  said  board  of  directors  may  diminish  their 
number  to  not  less  than  five,  or  increase  the  same  to  any 
number  not  exceeding  ten,  by  a  vite  of  the  majority  of  the 
stockholders  present  at  any  annual  meeting. 

•ayniLMit  01  stock  ^  5^  It  shall  be  kwful  for  the  dircctors  to  make  calls 
upon  the  sums  subscribed  to  the  capital  stock  of  said  com- 
pany, at  such  time  or  times  and  in  such  amount  as  they  shall 

^.otices.  deem  fit,  giving  at  least  thirty  days'  notice  of  each  of  said 

calls  in  at  least  two  public  newspapers  published  in  this 
state,  one  of  which  notices  'shall  be  published  in  a  public 
newspaper  published  in  the  city  of  Quincy  ;  and  in  case  of 
failure  on  the  part  of  any  stockholder  to  make  payment  of 
any  call  made  by  said  directors  for  sixty  days  after  the 
same  shall  be  due,  the  said  board  of  directors  are  hereby 
authorized  to  declare  the  said  stock  in  arrears,  and  all  sums 
paid  thereon  forieited  to  said  company. 

•i.jects.  ^   6.     The  said  company  are  hereby  authorized  and  em- 

powered to  locate,  construct,  and  comj)lete,  and  maintain, 
and  operate,  a  railroad  with  a  single  or  double  track,  and 
with  such  appendages  as  may  be  deemed  necessary  by  the 
directors  for  the  convenient  use  of  the  same,  from  the  town 
of  Mcndon,  in  the  county  of  Adams,  to  the  city  of  Quincy,  in 
said  county,  and  to  survey  and  determine  the  time  [linej  of 
said  road  upon  such  route  as  the  said  company  sliall  deem 

■nkm Willi N.e.  the  most  eligible;  and  it  shall  be  lawful  for  the  said  com- 

ttaiiroftd.  pany  to  unite  with  the  Northern  Cross  Railroad  Company, 
and  to  grant  to  said  company  the  right  to  contract  and  use 
any  portion  of  the  road  hereby  authorized  to  be  built  and 
constructed,  upon  such  terms  as  may  be  mutually  agreed 
upon  between  said  railroad  com])anies  ;  and  the  said  com- 
pany may  connect  with  said  road  of  the  Northern  Cross 


47  1853. 

Railroad  Company,  with  the  consent  of  the  said  Nortliern 
Cross  Raih'oad  Company,  at  any  point  on  said  road  within 
within  fifteen  miles  of  the  said  city  of  Qiiincy.  The  said 
company  are  further  authorized  to  use  and  operate  said 
railroad,  and  shall  have  power  and  authority  to  regulate 
the  time  and  manner  in  which  goods,  elFects  and  persons 
shall  be  transported  on  the  same,  and  to  prescribe  the  man- 
ner in  which  said  railroad  shall  be  used,  and  the  rate  of  toll 
for  the  transportation  of  persons  and  property  thereon,  and 
for  the  storage  of  merchandise  and  other  property  under 
their  charge,  and  shall  have  power  to  provide  uU  necessa- 
ry stock  and  material  for  the  operation  of  said  road,  and 
sliall  have  power  to  erect  and  maintain  all  necessary  de- 
pots, stations,  shops,  and  other  buildings  and  machinery  for 
the  accommodation,  management  and  operation  of  said  road. 

§  7.  That  said  company  are  hereby  authorized,  by  their  ^'^'"  °^  *•"-'■ 
engineers  and  agents,  to  enter  upon  any  lands  for  the  pur- 
pose of  making  the  necessary  surveys  and  examination  of 
said  road, and  to  enter  upon  and  take  hold  of  any  and  all  lands 
necessary  for  the  construction  of  said  railroad,  first  making 
just  and  reasonable  compensation  to  the  owners  of  said  land 
for  any  damage  which  may  arise  to  them  from  the  build- 
ing of  said  road  ;  and  in  case  the  said  company  sliall  not 
be  able  to  obtain  the  title  of  said  lands  through  which  said 
road  shall  be  laid,  by  purchase  or  otherwise,  or  voluntary 
cession,  the  said  company  are  hereby  authorized  to  proceed 
to  ascertain  the  damage  sustained  by  such  owner  or  own- 
ers, and  determine  the  same  in  the  manner  and  upon  the^^™*'^*^' 
principles  provided  in  an  act  entitled  "An  act  to  amend  the 
law  condemning  right  of  way  for  purposes  of  internal  im- 
provement,'' in  force  June  22d,  A.  D.  1852:  Pruvided,TToyiso. 
that  after  appraisal  of  damages  as  provided  in  said  act,  and 
upon  deposit  of  the  amount  of  such  appraisal  with  the  clerk 
of  circuit  court  of  tlie  county  of  Adams,  the  said  company  are 
hereby  authorized  to  enter  upon  such  lands  for  the  con- 
struction of  said  road. 

5  8.     The  said  company  are  authorized  and  empowered  po'^*'''  ^"^  ■•'•" 

•J  ^  .  '      .  ,  ^  money. 

to  borrow,  irom  time  to  time,  such  sums  ot  mone}',  not  ex- 
ceeding the  capital  stock  of  said  company,  as  in  their  opin- 
ion may  be  deemed'  necessary  to  aid  the  construction  of 
said  road,  and  to  pay  any  rate  of  interest  therefor  not  ex- 
ceeding ten  per  cent.,  and  to  pledge  and  mortgage  the  said 
road  and  its  appendages,  or  any  part  thereof,  or  any  other 
property  or  effects,  rights,  credits  or  franchises  of  the  said 
company,  as  security  for  any  loan  of  money  and  interest 
thereon,  and  to  dispose  of  the  bonds  issued  for  such  loan  at 
such  rate  or  on  such  terms  as  the  board  of  directors  may 
determine. 

6  9.      Said  corporation  shall  be  bound  to  repair  all  pub- jig,„.j^igjj^_, 
lie  highways,  bridges  and  water  courses  wiiich  may  be  in- 


1853. 


48 


jurcd  in  constructing  the  said  road,  and  shall  restore  them, 
as  far  as  practicable,  to  as  good  a  condition  as  tiiey  were 
before  they  were  injured. 

§  10.  Any  person  who  shall  wilfully  injure  or  obstruct 
the  said  road,  or  any  of  tlie  appendages  thereto,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  shall  forfeit  to  the  use 
of  the  company  a  sum  three-fold  the  amount  of  the  damage 
occasioned  by  such  injury  or  obstruction,  to  be  recovered 
in  an  action  of  debt  in  the  name  of  said  company,  -with  costs 
of  suit,  before  any  justice  of  the  peace  or  before  any  court 
of  record  in  this  state. 

§  11.  The  said  company  shall  be  allowed  three  years 
from  the  passage  of  this  act  for  the  commencement  of  the 
construction  of  said  railroad;  and  in  case  the  same  shall 
not  be  completed  in  ten  years  thereafter,  the  privileges 
herein  granted  shall  be  forfeited. 

§  12.  This  act  shall  be  taken  and  deemed  a  public  act, 
and  shall  be  construed  beneficially  for  the  purposes  herein 
specified  or  intended. 

Approved  February  12,  1853. 


AN  ACT  TO  incorporate  the  Peoria  and  Bureau  Valley  Railroad  Company. 


Section  1.  Be  it  enacted  hy  the  j)eople  of  the  state  of 
Itlmozfi,  repre.fsented  in  the  General  Jihsemhly^   That  Wil- 

""''''''''•  liam  S.  Maus,  John  S.  Griswold,  Isaac  Underbill,  James 
H.  Temple,  Benjamin  Lombard,  Richard  Loyd,  Thomas 
Harless  and  JohnMoffit,  and  their  associates,  successors  and 
assigns,  are  hereby  created  a  body  corporate  and  politic, 

,ie,  fee.  under  the  name  and  style  of  "The  Peoria  and  Bureau  Val- 

ley Railroad  Compan}',"  with  perpetual  succession;  and  by 
that  name  be  and  they  are  hereby  made  capable,  in  law  and 

lerai  powers,  equity,  to  sue  and  be  sued,  plead  and  be  impleaded,  defend 
and  be  defended,  in  any  court  of  law  and  equity  in  this 
state,  or  any  other  place  ;  to  make,  have  and  use  a  com- 
mon seal,  and  the  same  to  renew  and  alter  at  pleasure,  and 
shall  be  and  are  hereby  vested  with  all  the  powers,  privi- 
leges   and    immunities  which  are  or  may   be  necessary  to 

ie^t,.  carry  into  effect  the  })urposes  and  objects  of  this  act  as  arc 

hereinafter  set  forth.  And  said  company  are  hereby  au- 
tliorized  and  empowered  to  locate,  construct  and  finally 
complete  a  railroad  from  the  city  of  Peoria,  in  Peoria  county, 
to  the  valley  of  the  Bureau,  in  Bureau  county;  said  railroad 
hot  to  strike  the  valley  any  higher  up  or  above  the  town  of 
Indiantown,  on  said  valley  of  the  Bureau  ;  said  railroad  to 
be  laid  out  and  constructed  by  the  most  direct  and  eligible 


49  1853. 

route  from  the  said  city  of  Peoria  to  the  said  valley  of  the 
Bureau;  and  for  this  purpose  said  comj>any  are  authorized, 
uj)on  the  most  eligible  and  direct  route,  to  lay  out  their 
said  road,  not  exceeding  one  hundred  feet  in  width, 
through  the  whole  length;  andfor  the  purpose  of  cuttings, 
embankments,  stone  and  gravel,  make  take  as  mucli  more 
land  as  may  be  necessary  for  tlie  proper  construction  of 
and  security  of  said  railroad. 

§   2.     The  capital  stock  of  said  company  shall  consist  of  capM.-.isforii. 
one  million  of  dollais,  to  be  divided  into  shares  or  one  hun- 
dred, dollars  each.     The  immediate  government  and  direc- 
tion of  said  company  sliall  be  vested  in  seven   directors, 
who  shall  be  chosen  by  the    stockholders  oi'  said  company 
in  the  manner  hereinafter  provided,  wlio  shall  hold   their 
offices  for   one  year  after  their  election,    and   until  others 
shall  be  duly  elected  and  qualified  to  take  their  places   as 
directors;  and  the  said  directors,  a  majority  of  wliom  shall  Directors. 
form  a  quorum  for  the    transaction  of  business,  shall  elect 
one  of  their  number  to  be  the  president  of  the  company  ;  pvpsi.;eni, 
that  said  board  of  directors  shall  have  power  to  appoint  all  otiieromcir; 
necessary  clerks,  secretaiy,  treasurer,  and  other  officers 
necessary  in  the  transaction  of  business  of  said  company. 

§  3.  The  said  corporation  is  h'^reby  authorized,  by  surveyors.  <« 
their  agents,  surveyors  and  engineers,  to  cause  such  ex- 
aminations and  surveys  to  be  made  of  the  ground  and 
country  between  the  said  city  of  Peoria  and  the  said  valley 
of  the  Bureau,  as  shall  be  necessary  to  determine  the  most 
advantageous  route  for  the  proper  line  or  course  whereon 
to  construct  their  said  railroad  ;  and  it  shall  be  lawful  for 
said  company  to  enter  upon  and  take  possession  of  and  use 
all  such  lands  and  real  estate  as  will  or  may  be  necessary 
for  the  construction  and  maintenance  of  the  said  railroad, 
its  depots,  side  tiacks,  water  stations,  engine  houses,  ma- 
chine shops  and  other  buildings  and  appendages  necessary 
to  the  construction  and  working  of  said  road  :  Provided,Pioy\^" 
that  all  the  land  or  real  estate  entered  upon  and  taken  pos- 
session of  and  by  said  corporation,  for  the  purpose  and  ac- 
commodation of  said  railroad,  or  upon  which  the  site  for  said 
railroad  shall  have  been  located  or  determined  by  the  said 
corporation,  shall  be  paid  for  by  said  company  in  damages, 
if  any  be  sustained  by  the  owner  or  owners  thereof,  by  the 
use  of  the  same  for  the  purposes  of  said  railroad  ;  and  all 
lands  entered  upon  and  taken  for  the  use  of  said  corpora- 
tion, which  are  not  donated  to  said  company,  shall  be  paid 
for  by  said  corporation,  at  such  price  as  may  be  mutually 
agreed  upon  by  the  said  corpontion  and  the  owner  or 
owners  of  such  lands  ;  and  in  case  of  disagreement,  the 
price  shall  be  estimated,  fixed  and  recovered  in  the  man- 
ner provided  for  taking  lands  for  the  construction  of  pub- 


1853.  50 

lie  roads,  canals,  or  other  public  works,  as  prescribed  by 
the  act  concerning  the  right  of  way,  approved  March  3, 
1845. 
•uai!u-.s.  §   4.     If  any  person  shall  wilfully,  maliciously  or  wan- 

tonly, and  contrary  to  law,  obstruct  the  passage  of  any  car 
on  said  railroad,  or  any  part  thereof,  or  any  thing  belong- 
ing thereto,  or  shall  damage,  break  or  destroy  any  part  of 
the  said  railroad,  or  implemoits,  or  buildings,  he,  she  or 
they,  or  any  person  assisting,  shall  forfeit  and  pay  to  said 
company,  for  every  such  offence,  treble  the  amount  of  dam- 
ages that  shall  be  pro\  ed  before  any  competent  court  shall 
have  been  sustained,  and  be  sued  for  in  the  name  and  behalf 
of  said  company  ;  and  such  offender  or  offenders  shall  be 
deemed  guilty  of  a  misdemeanor,  and  shall  be  liable  to  an 
indictment  in  the  same  manner  as  other  indictments  are 
found  in  any  county  or  counties  where  such  offence  shall 
have  been  committed  ;  and  upon  conviction,  every  such  of- 
fender shall  be  liable  to  a  fine  not  exceeding  five  thousand 
dollars,  for  the  use  of  the  county  where  such  indictment  may 
be  found,  and  may  be  imprisoned  in  the  county  jail  for  any 
time  not  exceeding  six  months,  at  the  discretion  of  the 
court. 

^  5.  The  time  for  holding  the  annual  meetings  of  said 
^'"''*' ^'^'^""^' company,  for  the  election  of  directors,  shall  [be]  fixed  and 
determined  by  the  by-laws  of  said  company  ;  and  at  all 
meetings  each  stockholder  shall  be  entitled  to  a  vote  in 
person  or  lawful  proxy — one  vote  for  each  share  of  stock 
he,  she  or  they  may  hold  bona  fide  in  said  company,  upon 
which  all  instalments  called  have  been  paid. 
oommissoners.  §  6.  Isaac  Underbill,  James  H.  Temple  and  Benjamin 
Lombard  are  hereby  appointed  commissi(  ners,  who,  or  a 
majority  of  whom,  after  a  meeting  duly  called  by  twenty 
days'  notice  in  newspapers  published  in  Peoria  and  IMar- 
shall  counties,  are  hereby  authorized  to  open  subscription 
books  for  said  stock,  at  such  places  as  they  may  deem  pro- 
per, and  shall  keep  said  books  open  until  one  hundred 
thousand  dollars  of  said  capital  stock  shall  be  taken.  Said 
commissioners  shall  require  each  subscriber  to  pay  ten  dol- 
lars on  each  share  subscribed,  at  the  time  of  subscribing. 
The  said  commissioners  shall  immediately  thereafter  call  a 
meeting  of  stockholders,  by  giving  thirty  days'  notice  in 
some  newspaper  printed  in  the  counties  of  Peoria  and  Mar- 
shall, and  at  such  meeting  it  shall  be  lawful  to  elect  the 
directors  of  said  company;  and  when  the  directors  of  said 
company  are  chosen,  the  said  commissioners  shall  deliver 
said  subscription  books,  with  all  sums  of  money  received 
by  them  as  commissioners,  to  said  directors.  No  person 
shall  be  a  director  in  said  company  unless  he  shall  own  at 
least  four  shares  of  the  capital  stock. 


51  1853. 

5  7.  That  the  right  of  way  and  the  real  estate  pur- , 
cliased  lor  tlie  nglit  oi  way  by  said  company,  wiiether  by 
mutual  agreement  or  otherwise,  or  wiiich  shall  become  the 
property  of  said  company  by  oj-eratioii  of  law,  as  in  this 
act  provided,  shall,  upon  the  payment  of  the  amount  of  mo- 
ney belonging  to  the  owner  or  owners  of  said  land  as  a 
compensation  for  the  same,  become  tlie  property  of  said 
company  in  fee  simple. 

§  8.  The  said  corporation  may  take  and  transport  upon  T,ansi.r„tatioB. 
said  railroad  any  person  or  persons,  merchandise  or  other  t"'^*-'  ^'^ 
property,  by  the  force  and  power  of  steam,  or  animal,  or 
any  combination  of  them,  and  may  fix,  establish,  take  and 
receive  such  rates  of  toll  for  all  passengers  and  property 
transported  upon  the  same  as  the  said  directors  shall  from 
time  to  time  establish  ;  and  the  directors  are  hereby  au- 
thorized and  empowered  to  make  all  necessar)^  rules,  by- 
laws, regulations  and  ordinances  that  they  may  deem  ne- 
cessary and  expedient  to  accomplish  the  designs  and  purpo- 
ses and  to  carry  into  effect  the  provisions  of  this  act,  and 
for  the  transfer  and  assignment  of  its  stock,  which  is 
hereby  declared  personal  ])roperty,  and  transferable  in  such 
manner  as  shall  be  provided  by  the  by-laws  and  ordinan- 
ces of  said  company. 

§  9.  In  case  of  death,  resignation  or  removal  of  the  vacancies. 
president,  vice  president  or  any  director,  at  any  time  be- 
tween the  annual  elections,  ;  uch  vacancy  shall  be  filled  for 
the  remainder  of  the  year,  whenever  tliey  may  happen,  by 
the  board  of  directors  ;  and  in  case  of  absence  of  the  pres- 
dent  and  vice  president,  the  board  of  directors  shall  have 
power  to  appoint  a  president  7;ro  tempore^  who  shall  have 
and  exercise  such  powers  and  functions  as  the  by-laws  of 
the  said  corporation  may  provide.  In  case  it  should,  at 
any  time,  happen  that  an  election  shall  not  be  made  on  any 
day  on  which,  in  pursuance  of  this  act,  it  ought  to  be  made, 
the  said  corporation  shall  not,  for  that  cause,  be  deemed 
dissolved,  but  such  election  shall  be  held  at  any  other  time 
directed  by  the  by-laws  of  said  corporation. 

§  10.  That  when  the  lands  of  any /ew^e  coyer^,  person  Daniagfvi  u)  m- 
under  age,  non  compos  mentis,  or  out  of  the  state,  sliall  be  ^^"*'''  *^'"" 
taken  in  the  construction  of  said  railroad,  as  is  provided 
by  this  act,  the  said  corporation  shall  pay  the  amount  that 
shall  be  awarded  as  due  to  the  last  mentioned  owners  res- 
pectively, whenever  the  same  shall  be  lawfully  demanded, 
together  with  six  per  cent,  per  annum.  Tiiat  the  damages 
to  be  paid  by  said  company  for  the  taking  of  the  land  of  the 
persons  named  in  this  section,  shall  be  estimated  and  assess- 
ed in  the  manner  now  in  such  cases  provided  by  law. 

§    1 1.     Whenever  it  shall  be  necessary  for  tlie  construe-  ini..-foction.,  fc« 
tionof  said  railroad  to  intersect  or  cross  a  track  of  any  oth- 
er railroad,  or  any  stream  of  water  or  water  course,  or 


roads. 


1853.  52 

road,  or  highway  on  the  route  of  said  road,  it  shall  be  law- 
ful for  the  company  to  construct  their  railroad  across  or 
upon  tlic  same  :  Providfd^  that  the  said  company  shall  re- 
store the  railroad,  stream  of  water,  water  course,  road  or 
or  highway  thus  intersected  or  crossed,  to  its  former  state, 
or  in  a  sufficient  manner  not  materially  to  impair  its  useful- 
ness. 

oaionwitb  other  §  ^2.  Said  Company  shall  have  the  power  to  unite  its 
railroad  with  any  otiier  railroad  now  constructed,  or  which 
may  heieafter  be  constructed  vvithin  this  state,  on  the  line 
of  said  road,  or  at  the  terminus  thereof,  upon  suf^ii  terms  as 
may  be  mutually  agreed  upon  between  the  com])anies  so 
connecting,  and  for  that  purpose  full  power  is  hereby  giv- 
en to  said  company  to  make  and  execute  such  contracts 
with  any  other  company  as  will  secure  tlie  objects  of  such 
connection. 

§  13.  That  the  said  Peoria  and  Bureau  Valley  Railroad 
Company  shall  have  power  to  borrow  money  on  the  credit 
of  the  company,  not  exceeding  its  authorized  capital  stock, 
at  a  rate  of  interest  not  exceeding  ten  per  cent,  per  annum, 
payable  semi-annually,  and  may  execute  bonds  therefor, 
with  interest  coupons  thereto  annexed,  and  secure  the  pay- 
ment of  the  same  by  mortgage,  or  deed  of  trust,  on  the 
whole  or  any  part  thereof  of  the  road,  property  and  income 
of  the  company  then  existing,  or  thereafter  to  be  acquired, 
and  may  annex  to  such  moitgage  bonds  the  privilege  of 
converting  the  same  into  the  cajjital  stock  of  the  company 
at  par,  at  the  option  of  the  holders,  if  such  election  be  sig- 
nified in  writing  to  the  company  three  years  before  the  ma- 
turity of  said  bonds. 

N-,.c,oiiAt.?i.Qj:c!s.  §  14.  That  the  directors  of  said  company  be  and  they 
are  hereby  authorized  to  negotiate  and  sell  the  bonds  of  the 
said  company,  at  such  times  and  in  such  places,  either  within 
or  without  this  state,  and  at  such  rates  and  for  such  prices 
as,  in  their  opinion,  will  best  advance  the  interests  of  the 
company;  and  if  such  bonds  are  thus  negotiated  or  sold  at 
a  discount  below  their  par  value,  such  sale  and  disposition 
thereof  shall  be  as  valid  and  binding  on  the  company,  in 
every  respect,  as  if  they  were  sold  or  disposed  of  at  their 
par  value. 

Pswcr  to  mort-  §  15.  That  tlic  Said  company,  in  securing  the  payment 
t-aKe,  &c.  ^p  ^^.j  i^^j^jg  i^y  ^  mortgage  or  deed  of  trust  on  the  road, 
proj)erty  and  income  of  the  company,  shall  have  power  to 
execute  a  mortgage  or  deed  of  trust  aforesaid,  to  secure 
the  payment  of  the  full  amount  of  bonds  which  the  compa- 
ny may,  at  the  time  said  deed  of  trust  or  mortgage  bears 
date,  or  at  any  time  thereafter,  desire  to  sell  and  dispose  of, 
and  may  execute  and  sell,  from  time  to  time,  such  amounts 
of  said  bonds,  and  of  such  dates,  and  payable  to  such  per- 
son or  persons  as    to  the  directors    of  said  company  may 


53  1853. 

seem  advisable,  till  the  whole  amount  of  bonds  mentioned 
in  such  mortgage  or  deed  of  trust  is  executed  and  sold,  and 
the  said  mortgage  or  deed  of  trust  shall  be  as  valid  and 
effectually  to  secure  the  payment  of  the  bonds  so  executed 
and  sold,  and  of  every  part  thereof,  as  if  the  same  and  every 
part  thereof  had  been  executed  of  even  date  with  the  said 
deed  of  trust  or  mortgage. 

§    16.     This  act  to  be  in  force  from  and  after  its  passage. 

Approved  February  12,  1853. 


AN    ACT  to  construct  a  railroad  from  Jacksonville,  in  Morgan   county,  to  in  lorcp  v»h.  a 
La  3.ille.  in  La  Salle  county.  '863. 

Section  I.  J^s  it  enacted  l>y  the  people  of  the  state  of 
Illinois,  repreftented  in  the  GeneralJUsseinblij,  Tiiat  George 
E.  Walker,  William  Paul,  Samuel  L.  Fleming,  Theodore  Cori.ov»;<v.,. 
Perry,  William  Fisher,  William  S.  Maus,  Gideon  W.  Ru- 
pert, Plsilo  H.  Thompson,  George  N.  Walker,  N.  J.  Rock- 
well, James  M.  Riiggles.  F.  S.  D.' Marshall,  Benjamin  Busby, 
James  Dunlap,  Joseph  J.  Cassell,  Alexander  McDonald,  and 
their  associates,  successors  and  assigns,  are  hereby  crea- 
ted a  body  corporate  and  politic,  under  the  name  and  style 
of  the  '-Illinois  River  Railroad  Company,"  with  {)erpetual  style, 
succession,  and  Ly  that  name  be  and  they  are  hereby  made 
capable  in  law  and  in  equity  to  sue  and  be  sued,  plead  and  oen"a! powers. 
be  impleaded,  defend  and  be  defended,  in  any  court  of  law 
and  equity  in  this  state,  or  in  any  other  jdace,  to  make,  have 
and  use  a  common  seal,  and  the  same  to  renew  and  alter  at 
pleasure,  and  shall  be  and  are  hereby  vested  with  all  the 
powers,  privileges  and  immunities  which  are  or  may  be 
necessary  to  carry  into  effect  the  purposes  and  objects  ofobjctB. 
this  act  as  hereinafter  set  forth  ;  and  the  said  company  are 
hereby  authorized  and  empowered  to  locate  and  constiuct, 
and  finally  complete,  a  railroad  Irom  the  tov/n  of  Jackson- Routf. 
ville,  in  Morgan  county,  via  Virginia,  in  Cass  county,  to  the 
town  of  Bath^  Mason  county,  and  thence  by  way  of  Pekin,  in 
Tazewell  county,  Lacon,  in  Marshall  county,  to  La  Salle, 
in  La  Salle  county,  and  for  this  purpose  said  company  are 
authorized,  upon  the  most  eligible  and  proper  route,  to  lay 
out  their  said  railroad  wide  enough  for  a  single  or  double 
track,  through  the  whole  length,  and  may  enter  upon  and 
take  a  strip  of  land  not  exceeding  one  hundredfeet  in  width, 
and  for  the  purpose  of  cuttings,  embankments,  procuring 
r.tone  and  gravel,  may  take  as  much  land  as  may  be  neces- 
sary for  the  proper  construction  of  and  security  of  said  road. 

§   2.     The  capital  stock  of  said  company  shall  consist  of  c^p.^^i.t^.t, 
one  ir.UIion  of  dollars,  and   may   be  increased  to  two  mil- 


1853.  54 

lions  of  dollars,  to  be  divided  into  shares  of  one  hundred 
dollars  each.     The  immediate  government  and  direction 

Directors.  of  Said  Company  shall  be  vested  in  five  directors,  who  shall 

be  chosen  by  the  stockholders  of  said  company  in  the  man- 
ner hereinafter  provided,  who  sliall  hold  their  office  foi-  one 
year  after  their  election,  and  until  others  shall  be  duly 
elected  and  qualified  to  take  their  places  as  directors,  a 
majority  of  whom  shall  form  a  quorum  for  the  transaction 
of  business,  shall  elect  one  of  their  number  to  be  the  pres- 

rr<?sMcnt.  ident  of  the  company;  that  said  board  of  directors  shall  have 

'^wo'nt"ti'"of-  power  to  appoint  all  necessary  clerks,  secretaries  and  other 
officers  necessary  in  the  transaction  of  the  business  of  said 
corporation. 

obfcisotcn-.,  r-      §   ^'     The  said  corporation  is  hereby  authorized,  by  tlieir 

atiuM.  '  agents,  surveyors  and  engineers,  to  cause  such  examina- 
tions and  surveys  to  be  made  of  the  ground  and  country 
between  the  points  herein  named  as  shall  be  necessary  to 
determine  the  most  advantageous  route  tor  the  proper  line 
or  course  whereon  to  construct  their  said  railroad  ;  and  it 
shall  be  lawful  for  said  company  to  enter  upon,  and  take 
possession  of,  and  use  all  such  lands  and  real  estate  as  may 
be  necessary  for  the  construction  and  maintenance  of  their 

I'rovuo.  said  railroad  :  Provided,  that  all  lands  and  real  estate  en- 

tered upon,  and  taken  possession  of,  and  used  by  said  cor- 
poration for  the  })urposes  and  accommodation  of  said  rail- 
road, or  upon  which  the  site  of  said  railroad  shall  have 
been  located  or  determined  by  the  said  corporation,  shall 

ua-j'jjfis.  be  paid  for  jy  said  company  in  damages,  if  any  be  sustain- 

ed by  the  owner  or  owners  thereof,  by  the  use  of  the  same 
for  the  purposes  of  the  said  railroad  ;  and  all  lands  entered 
upon  and  taken  for  the  use  of  the  said  corporation,  which 
are  not  donated  to  said  company,  shall  be  obtained  and  paid 
for  in  the  manner  provided  for  taking  lands  for  the  con- 
struction of  publi(>,  roads,  canals,  and  other  public  works, 
as  described  in  the  act  concerning  right  of  way,  approved 
March  3d,  1845. 

iv,,n,,m^,  §   4.     If  any  person  shall  wilfully,  maliciously  or   wan- 

tonly, and  contrary  to  law,  obstruct  the  passage  of  any  car 
on  said  railroad,  or  any  part  thereof,  or  any  thing  belonging 
ti;ereto,  or  shall  damage,  break  or  destroy  any  part  of  the 
said  railroad,  or  implements,  or  buildings,  he,  she  or  they, 
or  any  person  assisting,  shall  forfeit  and  pay  to  said  com- 
pany, for  every  such  offence,  treble  the  amount  of  dama- 
ges that  shall  be  proved  before  competent  courts  has  been 
sustained,  and  be  sued  for  in  the  name  and  behalf  of  said 
company,  and  such  offender  or  offenders  shall  be  deemed 
guilty  of  a  misdemeanor,  and  shall  be  liable  to  indictment 
in  the  same  manner  as  other  indictments  are  found  in  any 
county  or  counties  where  such  offence  shall  have  been 
committed;  and  upon  conviction  every  such  offender  shall 


55  1853. 

be  liable  to  a  fine  not  exceeding  five  tliou^and  dollars,  for 
the  use  of  the  county  where  such  indictment  may  ho  found. 

§  5.  The  time  of  holding  the  annual  meeting  of  said  Annual  nscthigi 
company  for  the  election  of  directors  shall  be  lixed  and 
determined  hy  the  by-laws  of  said  company;  and  at  all 
meetings  sucli  stockholder  shall  be  entitled  to  a  vote,  in 
person  or  by  lawful  proxy,  one  vote  for  each  share  of  stock 
he,  or  she,  or  tliey  may  hold  bona  fide  in  said  company. 

5i  6.  The  persons  named  in  the  first  section  of  this  act  commissioners. 
are  hereby  appointed  commissioners,  who,  or  a  majority  of 
whom,  are  liereby  authorized  to  open  subscription  books 
for  said  stock  at  such  places  as  they  may  deem  proper. 
The  said  commissioners  shall  require  each  subscriber  to 
pay  five  dollars  on  each  share  subscribed,  at  the  time  of 
subscribing;  and  whenever  one  hundred  thousand  dollars 
shall  be  subscribed,  the  said  commissioners  shall  call  a 
meetino-  of   the  stockholders  by  giving  thirty  days'  notice  xoucc. 

in  some  newspaper  printed  in  the   county  of  ;  and 

at  sucli  meetinf'-  it  shall  be  lawful  to  elect  the  directors  of 
said  company  ;  and  when  the  directors  of  said  company  are 
chosen,  the  said  commissioners  shall  deliver  said  subscrip- 
tion books,  with  all  sums  of  money  received  by  them  as  com- 
missioner-!,  to  said  directors.  No  person  siiall  be  a  direc- 
tor in  said  company  unless  he  sliall  own  at  least  five  shares 
of  the  capital  stock. 

§  7.  That  the  right  of  way,  and  the  real  estate  purclia- Reaiesut<-,&r. 
sed  for  the  right  of  way  by  said  company,  whether  by  mu- 
tual agreement  or  otherwise,  or  which  sliall  become  the 
property  of  the  company  by  operation  of  law,  as  in  this  act 
provided,  sliall,  upon  the  payment  of  the  amount  of  money 
belon'J-ing  to  the  owner  or  owners  of  said  land^,  as  a  com- 
pensation for  the  same,  become  the  property  of  the  said 
compiuy  in  fee  simple. 

?>  8.  The  said  company  may  take  and  transport  upon  TransrorJaiicn. 
said  railroad  any  person  or  persons,  merchandise  or  other 
property,  by  the  force  and  power  of  steam  or  animals,  or 
any  combination  of  them,  and  may  fix,  establish,  take  and 
receive  such  rates  of  toll  for  all  passengers  and  property 
transported  upon  the  same  as  the  directors  shall  from  time 
to  time  establish;  and  the  directors  are  hereby  authoiized 
and  empowered  to  make  all  necessary  rules,  by-laws,  reg- r,y.ia«^. 
ulations  and  ordinances  that  they  may  deem  necessary  and 
expedient  to  accomplish  the  designs  and  purposes,  and  to 
carry  into  effect  all  the  provisions  of  this  act,  and  for  the 
transfer  and  assignment  of  its  stock,  which  is  hereby  de- 
clared personal  property,  and  transferable  in  such  manner 
as  shall  be  provided  for  by  the  by-laws  and  ordinances  of 
said  corporation. 

0   9.     The  directors  of  said  company,  after  the  same  is  Additka.,!  stoc-t. 
organized,  shall  have  power  to  open  books  in  the  manner 


1853. 


56 


prescribed  in  the  sixih  section  of  tliis  act,  and  to  fill  up  the 
additional  one  million  of  dollars  of  stock,  or  any  part  there- 
of, at  such  limes  as  they  may  deem  it  for  the  interest  of 
said  company  ;  and  all  the  instalments  required  to  be  j)aid 
on  the  stock  originally  to  be  taken,  and  what  may  be  taken 
to  increase  said  capital  stock,  shall  be  paid  at  such  limes 
and  in  such  sums  as  said  directors  may  prescribe. 

§  10,  In  case  of  the  death,  resignation  or  removal  of 
the  president,  vice  president  or  any  director  at  any  time 
between  the  annual  elections,  such  vacancy  may  be  filled 
for  thij  remainder  of  the  year,  whenever  they  may  happen, 
by  the  board  of  directors  ;  and  in  case  of  the  absence  of 
the  president  and  vice  presideni,  the  board  of  directors 
shall  have  power  to  appoint  a  president  pro  tempore^  who 
shall  have  and  exercise  such  powers  and  functions  as  the 
by-laws  of  the  said  corporation  may  provide.  In  case  it 
should  at  any  time  happen  that  an  election  shall  not  be  held 
on  any  day  on  wliich,  in  pursuance  of  this  act,  it  ought  to 
be  held,  the  said  corporation  sliall  not,  for  that  cause,  be 
deemed  dissolved,  but  such  election  shall  be  held  at  any 
other  time  directed  by  the  by-laws  of  said  corporation. 
to  in-      §    H-     That  when  the  lands  of  auy  J'emme  covert^  per- 

!it"raBmej.^''"'so!i  iia.ler  a-j^a,  nm  cjmpj^  tnniU^,  or  out  of  this  state 
shall  be  taken  in  the  construction  of  said  railroad,  as  is  pro- 
vided by  tills  act,  the  said  corporation  shall  pay  the  amount 
that  shall  be  awarded  as  due  to  the  said  last  mentioned 
owners  respectively,  whenever  the  same  shall  be  lawfully 
demanded.  That  to  ascertain  the  amount  to  be  paid  to  the 
persons  named  in  this  section  for  the  lands  taken  Jbr  the  use 
of  said  corporation,  it  shall  be  the  duty  of  the  judge  of  the 
judicial  circuit  within  which  said  land  maybe  situated,  up- 
on notice  given  to  him  by  tlie  said  corporation,  to  appoint 
three  commissioners,  to  be" persons  not  interested  in  the 
matter,  to  determine  the  damages  which  the  owner  or  own- 
ers of  the  land  or  real  estate  so  entered  upon  by  the  said 
corporation  has  or  have  sustained  by  the  occupation  of  the 
same  ;  and  it  shall  be  tlie  duty  of  said  commissioners,  or  a 
majority  of  thein,  to  deliver  to  said  corporation  a  written 
statement  of  the  awards  they  shall  make,  with  a  descrip- 
tion of  the  land  or  real  estate  appraised,  to  be  recorded  by 
the  said  corpoi-ation  in  the  clerk's  office  in  the  county  in 
which  the  land  or  real  estate  so  apprnised  shall  lie,  and  then 
the  said  corporation  shall  be  deemed  to  be  seized  and  pas- 
sed in  the  fee  simple  of  all  such  lands  or  real  estate  as  shall 
have  been  appraised  by  the  said  commissioners. 
w.iUT     courses      §    12-     That  whenever  it  shall  be  necessary  for  the  con- 

aiKi  iiiginvays.  structiou  of  Said  railroad,  to  intersect  or  cross  any  water 
course,  or  any  road  or  highway,  ly  ng  betwetn  the  points 
aforesaid,  it  shall  be  lawful  for  tlu^  corporation  to  con- 
struct their  railroad  across  or  upon  the  same  :  Fruvided^ 


57  1853. 

that  the  corporation  shall  restore  the  water  course,  or  road, 
or  highway  thus  isitersected  to  its  former  state,  or  in  a  suf- 
ficiejit  manner  not  to  !iave  injured  ils  usefulness. 

5  13.     Tiie  capital  stock  of  said   company  may  be  in- increase  of  capi- 

2  ,       .  '  M-  ,•     1       1!  ,         .  •!!•  C  1  lul  Stock. 

creased  Iroui  one  miliuju  oi  aoliars  to  two  nulLon  live  luin- 
dred  tliousand  doUars,  from  time  to  time,  by  new  subscrip- 
tions, if  such  increase  shall  be  frund  necessary  to  fulfil  the 
intention  of  tiiis  act,  uj)on  the  directors  for  the  time  being 
giving  tlie  notice  as  herein  required  previous  to  the  0{)en- 
ing  the  subscrij)tion  books  for  the  original  stock  herein; 
and  that  all  stock  of  said  corporation  shall  be  deemed  per- 
sonal property,  and  tiansferable  in  such  manner  as  the 
said  corporation  shall  by  its  by-laws  prescribe. 

§  14.  That  it  shall  be  lawful  for  the  directors  to  require  raym>;ritoi  stock 
payment  of  the  suras  subscribed  to  t!ie  cajutal  stock  at  such 
times,  and  in  such  proportions,  and  on  such  conditions,  as 
they  shall  deem  fit,  under  the  penalty  of  the  forfeiture  of  all 
previous  payments  thereon,  and  shall  give  notice  of  the 
payments  thus  required,  and  of  the  place  and  time  when 
and  where  the  same  are  to  be  paid,  at  least  ninety  days 
previous  to  the  payment  of  the  same,  in  some  public  news- 
paper of  this  state  published  in  some  one  of  the  jjlaces  wliere 
the  notices  for  the  opening  the  books  for  subscription  to  the 
caj)ital  stock  may  have  been  published. 

6  15.      Said  company  is  hereby  authorized,  from  time  toPowerto  borrcw 

s  I         -J  •'  '  .  money. 

time,  to  borrow  such  sum  or  sums  of  money  as  may  be  ne- 
cessary for  completing  and  finishing  or  operating  their 
said  railroad,  and  to  issue  and  dis])0se  of  their  bonds  in  de- 
nominations of  not  less  than  five  hundred  dollars,  bearing 
a  rate  of  interest  not  exceeding  seven  per  centum  per  an- 
num, for  any  amount  so  borrowed,  and  to  mortgage  the  cor- 
porate property  and  franchises,  or  convey  the  same  by  deed 
of  trust,  to  secure  the  payment  of  any  debt  contracted  by 
said  company  for  the  purposes  aforesaid.  And  the  direc- 
tors of  said  company  may  confer  on  any  bondh.older  of  any 
bond  issued  for  money  borrowed  as  aforesaid,  the  right  to 
convert  theprincipal  due  orowingtliereon  into  stocks  of  said 
company,  at  any  tune  not  exceeding  ten  years  from  the  date 
of  tlie  bond,  under  such  regulations  as  the  directors  of  said 
company  may  see  fit  to  adopt;  and  all  sales  of  such  bonds 
that  may  be  made  at  less  than  their  par  value  shall  be  good 
and  valid  and  binding  upon  said  corporation  as  if  said  bonds 
had  been  sold  for  the  full  amount  thereof. 

§    16.      The  widtli  of  said  railroad  is  to  be  determined  by  width  of  road. 
the  said   corporation   within   the   limits   prescribed   by  the 
first  section  of  this  act. 

5   17.     This  ant  shall  be  in  force  from  and  after  its  pas- Time  of  con,pi«- 

3  ,         .  ,  111  •  1  1  il  •       tionof  road. 

sage,  and  so;d  company  shall  commence  said  work  witliin 
three  ycar^,  and  complete  the  same  within  ten  years  from 
the  I'd  -'age  of  this  act. 


1853.  58 

DniMu  with  other      §   18.     Said  compaiiy  shall  have  power  to  unite  its  rail- 
ro;uis.  road  with  the  railroad  which  may  be  constructed  from  Jack- 

sonville, in  Morgan  county,  to  Alton,  in  Madison  county, 
by  the  Jacksonville  and  Carrnlltan  Railroad  Company,  or 
any  other  company,  and  for  that  purpose  full  power  is  hereby 
given  to  said  company  to  make  and  execute  such  contracts 
with  any  company  as  will  secure  the  o')jec;ts  of  connecting 
with  any  railroad  built  or  to  be  built  at  Jacksonville. 
Approved  February  11,  1853. 


iB  force  Fob.  10,      AN  ACT  to  incorporate  the  B!oo;iilng[o;i  and  Pekin  Railroad  Company. 

Section   1.     7?e  it  enacted  hij  the  people  of  the    sto^e  of 

Corporators.  Illinois,  represented  in  the  General  Assemhbi,  That  David 
Davis,  John  Moore,  Isaac  Funk,  Jolin  E.  McClun,  James 
Miller,  Jesse  W.  Fell,  Asahel  Grid  ley,  Kersey  H.  Fell, 
William  M.  Buim,  John  W.  Ewing,  William  H.  Temple, 
William  H.  Plolmes,  William  P.  Major,  W.  S.  Maus,  Peter 
Wyrick,  Gideon  H.  Rupeit,  David  ]\iaik,  John  Smith,  David 
P.  Kenyon,  Thomas  N.  Gill,  Joshua  Waggonseller,  James 
Harriott,  Benj.  Kellogg,  jr.,  William  G.  Stackpole,  John 
W.  Casey,  James  Haines,  Wm.  B.  Doolittle,  Benjamiu  S. 
Prettyman,  R.  H.  Snell,  C.  J.  D.  Rupert,  and  their  asso- 
ciates, successors   and   assigns,  arc  hereby  created  a  body 

style.  corporate  and  politic,  under  the  name  and  style  of  "The 

Bloomington  and  Pekin  Railroad   Company,"  with  perpet- 
ual succesion,  and  by  that   name   be  and  they  are  hereby 

General  powers,  made  Capable  in  law  and  in  equity  to  sue  and  be  sued,  plead 
and  be  impleaded,  defend  and  be  defended,  in  any  court  of 
law  and  equity  in  this  state,  or  any  other  place;  to  make, 
have  and  use  a  common  seal,  and  the  same  to  renew  and 
alter  at  pleasure;  and  shall  be  and  are  liereby  vested  with 
all  the  powers,  privileges  and  imuiunities  which  are  or  may 
be  necessary  to  carry  into  eifect  the   purposes  and  objects 

obiect«.  of  this  act,  as  hereinafter  set  forth.     And  the  said  com[)any 

are  hereby  authorized  and  empowered  to  locate,  construct, 
and  finally  complete  a  railroad  from  the  city  of  Blooming- 
ton,  in  the  county  of  McLean,  and  state  of  Illinois,  to  th< 
city  of  Pekin,  in  the  county  of  Tazewell,  state  of  Illinois; 
and  for  this  purpose  said  company  are  authorized,  u|)ou  th< 
most  eligible  and  direct  route,  to  layout  their  said  railroad, 
not  exceeding  one  hundred  feet  in  wi, 1th,  tlirough  tin;  whole' 
length;  and  for  the  ])urpose  of  cuttings,  embankments,  stone 
and  gravel,  may  take  as  much  more  land  as  may  be  neces- 
sary for  the  proper  construction  of  and  security  of  said 
railroad. 


5^  1663. 

§  2.     The  capital  stock  of  said  company  shall  consist  capiui  Btocu. 
of  one   million   of  dollars,    and   may  be   increased   to  two 
million  of  dollars,  to  be  divided  into  shares  ot  one  hnndred 
dollars  each.     The   immediate    government  and  direction 
of  said   company  shall  be  vested  in  seven  directors,  who  Directors  awu 
shall  be  chosen  by  the  stockholders  of  said  company  in  the  "'^"''* 
manner  hereinafter  ])rovided,    who  shall  hold  their  offices 
for  one  year  after  their   election,  and  until  others  sliall  be 
duly  elected  and  qualified  to  take  their  places  as  directors, 
and   the   said    directors  (a  majority  of  whom  shall  form  a 
quorum  for  the  transaction  of  business,)  shall  elect  one  of 
their   number  to  be   the  ])resident  of  the  company  ;  that 
said  board   of  directors   shall  have  power  to   a})point  all 
necessary   clerks,  secretary,  and  other  officers  necessary 
in  the  transaction  of  business  of  said  company. 

§  3.  The  said  corporation  is  hereby  authorized,  by  their  surveyors,  &. 
agents,  surveyors'  and  engineers,  to  cause  such  examina- 
tion and  surveys  to  be  made  of  the  ground  and  country 
between  the  said  city  of  Bloomington  and  the  said  city  of 
Pekin  as  shall  be  necessary  to  determine  the  most  advan- 
tageous route  for  the  proper  line  or  course  whereon  to 
construct  their  said  railroad  ;  and  it  shall  be  lawful  for 
said  company  to  enter  upon  and  take  possession  of  and  use 
all  such  lands  and  real  estate  as  may  be  necessary  for  tlie 
construction  and  maintenance  of  their  said  railroad,  its 
depots,  side  tracks,  water  stations,  engine  hou«:es,  machine 
shops,  and  other  buildings  and  appendages  necessr.ry  to 
the  construction  and  working  of  said  road:  Frovided,-p^ov\so. 
tliat  all  land  or  real  estate  entered  upon  and  taken  pos- 
session of,  nnd  used  by  said  corporation,  for  the  purposes 
and  accommodation  of  said  railroad,  or  upon  which  the 
site  for  said  railroad  shall  have  been  located  or  determined 
by  the  said  corporation,  shall  be  paid  for  by  said  com- 
pany in  damages,  if  any  be  sustained  by  the  owner  or 
owners  thereof,  by  the  use  of  the  same,  for  the  purposes  of 
said  railroad,  and  all  lands  entered  upon  and  taken  for  the 
use  of  said  corporation,  which  are  not  donated  to  said 
company,  shall  be  paid  for  by  said  corporation  at  such 
price  as  may  be  mutually  agreed  upon  by  the  said  rorpora- 
liun  and  the  owner  or  owners  of  such  land  ;  and  in  case 
of  disagreement,  the  price  shall  be  estimated,  fixed  and 
recovered  in  the  manner  provided  for  taking  lands  for  the 
construction  of  public  roads,  canals,  or  other  jiublic  w^orks, 
as  i)rescribed  by  the  act  concerning  right  of  way,  approved 
March  3d,  1845. 

§  4.     If  any  person  shall  wilfully,  maliciously,  or  wan- penalties, 
tonly,  and   contrary  to  law,  obstruct  the   passage  of  any 
car  on  said  railroad,  or  any  part  thereof,  or  any  thing  be- 
longing thereto,  or  shall  damage,  break  rr  destroy  an\  part 
of  the  said  railroad,  or  implements  or  buildings,  he,  she, 


1853. 


60 


Commissioners. 


or  they,  or  any  person  assi=!tint^,  shall  forfeit  and  pay  to  said 
company,  for  every  such  offence,  treble  the  amount  of  dam- 
ages tliat  shall  be  proved  before  any  competent  court  sliail 
have  been  sustained,  and  ho  sued  for  in  the  name  and  ije- 
hair  of  said  company;  and  such  olFender  or  offenders  siiaii 
be  deemed  guilty  of  a  misdemeanor,  and  shall  be  liable  to 
an  indictment  in  the  same  manner  as  other  indictments  are 
found  in  any  county  or  counties  where  such  offence  shall 
have  been  committed  ;  and  upon  conviction,  every  such 
offender  shall  be  liable  to  a  fine  not  exceeding  five  thousand 
dollar?,  for  the  nse  of  tlie  county  where  such  indictment 
may  be  found,  and  may  be  imprisoned  in  the  county  jail 
for  any  time  not  exceeding  six  months,  at  the  discretion 
of  the  court. 
Annual  meetings  §  5.  'i  he  time  of  holding  tiie  annual  meetings  of  said 
company,  for  the  election  of  directors,  shall  be  fixed  and 
deteimhied  by  the  by-laws  of  said  company;  and  at  all 
meetings  each  stockholder  shall  be  entitled  to  a  vote,  in 
person  or  lawful  proxy,  one  for  each  share  of  stock  he,  or 
she,  or  they  may  hold  bjnafide  in  said  company,  upon  which 
all  instalments  called  have  been  paid. 

§  6.  The  persons  named  in  the  first  section  of  this  act 
are  hereby  appointed  commissioners,  who,  or  a  majority  of 
whom,  after  a  meeting  didy  called  by  thirty  days' notice  in 
newspapers  published  in  Bh)omington  and  Pekin,  are  hereby 
authorized  to  open  subscription  books  for  said  stock  at 
such  places  as  they  may  deem  proper,  and  s'nall  keep  said 
books  open  until  one  hundred  thousand  dollars  of  said  cap- 
ital stock  shall  be  taken.  Said  commissioner  shall  require 
each  subscriber  to  j)ay  five  dollars  on  each  share  subscribed, 
at  the  time  of  subscribing.  The  said  commissioners  shall 
immediately  thereafter  call  a  meeting  of  the  stockholders, 
by  gi\  ing  thirty  days'  notice  in  some  newspaper  printed  in 
the  county  of  McLean,  and  at  such  meeting  it  shall  be 
lawful  to  elect  the  directors  of  said  company;  and  when 
the  directors  of  said  company  are  chosen,  the  said  com- 
missioners shall  deliver  said  subscription  books,  with  all 
sums  of  money  received  by  them  as  commissioners,  to  said 
directors.  No  ])erson  shall  be  a  director  in  said  company 
unless  he  shall  own  at  least  ten  shares  of  the  capital  stock. 

§  7.  That  the  right  of  way  and  real  estate  purchtiSed 
for  the  right  of  way  by  said  company,  whether  by  mutual 
agreement  or  otherwise,  or  which  shall  become  tlie  pro- 
perty of  the  company  by  operation  of  law,  as  in  this  act 
provided,  shall,  upon  the  payment  of  the  amount  of  money 
belonging  to  the  owner  or  owners  of  said  land,  as  a  com- 
pensation for  the  same,  become  the  property  of  said  com- 
pany in  fee  simple. 

§  8.  The  said  corporation  may  take  and  transport  upon 
said  railroad  any  person  or  persons,  merchandise  or  other 


Transportation 
tolls,  &.C. 


61  1853. 

property,  by  the  force  and  power  of  steam  or  animal,  or 
any  combination  of  tliem,  and  may  fix,  establish,  take  and 
recciv'e  siicli  rates  of  toll,  for  all  passengers  and  j)roperty 
transported  npon  the  same,  as  the  said  dii-ectors  shall  from 
time  to  time  establish.  And  the  directors  are  hereby  au- 
thorized and  empowered  to  make  all  necessary  rules,  by- 
laws, regula'ions  and  ordinances  that  th.ey  may  deem 
necessary  and  expedient  to  accomplish  the  designs  and 
purjioses,  and  to  carry  into  effect  the  j)rovisions  of  this  act, 
and  for  the  transfer  and  assignment  of  its  stock,  which  is 
hereby  declared  personal  property,  and  transferable  in  such 
manner  as  shall*  be  provided  by  the  by-laws  and  ordinances 
of  said  company. 

§  9.  Tiie  directors  of  said  company,  after  the  same  is  Addiuor.ni  stoo 
organized,  sliall  have  power  to  open  books  in  the  manner 
prescribed  in  the  sixth  section  of  this  act,  to  fill  up  the 
additional  capital  stock,  or  any  part  thereof,  at  such  times 
as  they  may  deem  it  for  the  interest  of  said  company. 
And  all  the  instalments  required  to  be  paid  on  the  stoc^k 
originally  to  be  taken,  and  what  may  be  taken  to  increase 
said  capital,  shall  be  paid  at  such  times  and  in  such  sums 
as  said  directors  may  |>rescribe. 

§  10.  In  case  of  the  death,  resignation  or  removal  of  the  vacancies 
president,  vice  j)resident,  or  any  director,  at  any  time 
between  the  annual  elections,  such  vacancy  may  be  filled 
for  the  remainder  of  the  year,  whenever  tiiey  may  happen, 
by  the  board  of  directors;  and  in  case  of  absence  of  the 
president  and  vice  president,  the  board  of  directors  shall 
have  power  to  appoint  a  president  pro  tempore,  who  shall 
have  and  exercise  sucli  powers  and  functions  as  the  by- 
laws of  the  said  corporation  may  provide.  In  case  it  should 
at  any  time  happen  that  an  election  shall  not  be  made  on 
any  day  on  which,  in  pursuance  of  this  act,  it  ought  to  be 
made,  the  said  corporation  shall  not  for  that  cause  be 
deemed  dissolved,  but  such  election  shnll  be  held  at  any 
other  time  directed  by  the  by-laws  of  said  corporation. 

§  11.  That  when  the  lands  of  any  femmes  covert,  per- Damages  to  ii 
sons  under  age,  nu7i  compos  mentis,  or  out  of  this  state,  Jietcrnitn'e'i.''*' 
shall  be  taken  in  the  construction  of  said  railroad,  as  is 
provided  by  this  act,  the  said  corporation  shall  pay  the 
amount  that  shall  be  awarded  as  due  to  the  last  mentioned 
owners  respectively,  whenever  the  same  shall  be  lawfully 
demanded,  together  with  six  per  cent,  per  annum  ;  that  to 
ascertain  the  amount  to  be  paid  to  persons  named  in  this 
section,  for  lands  taken  for  the  use  of  said  corporation,  it 
shall  be  the  duty  of  the  governor  of  this  state,  upon  notice 
given  to  him  by  said  corporation,  to  appoint  three  com- 
missioners, to  be  persons  not  interested  in  the  matter  to  be 
determined  by  them,  to  determine  the  damages  which  the 
owner  or  owners  of  the  land  or  real  estate  so  entered  upon 


1853.  62 

b)'  the  said  corporation,  has  or  liave  sustained  by  the  oc- 
cupation of  the  same.  And  it  shall  be  the  duty  of  said 
commissioners,  or  a  majoiity  of  tliem,  to  deliver  to  said 
corporation  a  written  stattMuent  of  the  award  or  awards 
they  shall  make,  with  a  description  of  tlie  land  or  real 
estate  aj)praised,  to  be  recorded  by  the  said  corporation  in 
the  clerk's  office  in  the  county  in  which  the  land  or  real 
estate  so  appraised  shall  by,  and  then  the  said  corj)oration 
shall  be  deemed  to  be  seized  and  possessed  of  the  fee  sim- 
ple of  all  such  lands  or  real  estate  as  shall  have  been  ap- 
praised by  the  said  commissioners. 

interaeotionsAc  §  12.  Whenever  it  shall  be  necessary  for  the  Construc- 
tion of  said  railroad  to  intersect  or  cross  a  track  of  any 
other  railroad,  or  any  stream  of  water  or  water  course,  or 
road  or  highway  on  the  route  of  said  road,  it  shall  be  law- 
ful for  the  company  to  construct  their  railroad  across  or 

Proviso.  upon  the  same  :    Provided.,  that  the   said  company   shall 

restore  the  railroad,  stream  of  water,  water  course,  road 
or  highway  thus  intersected  or  crossed,  to  its  former  state, 
or  in  a  sufficient  manner  not  materially  to  impair  its  use- 
fulness. 

§  13.  Said  company  shall  have  the  power  to  unite  its 
railroad  with  any  other  railroad  now  constructed,  or  which 
may  hereafter  be  constructed  within  this  state  within  ten 
miles  of  the  line  of  the  road  liereby  authorized  to  be  con- 
structed, upon  such  terms  as  may  be  mutually  agreed  upon 
between  the  companies  so  connecting;  and  for  that  pur- 
pose full  power  is  hereby  given  to  said  company  to  make 
and  execute  such  contracts  with  any  other  company  as  will 

Provi*).  secure  the  objects  of  such  connection  :  Provided,  that  the 

Central  Railroad  shall  not  run  upon  the  line  or  track  of  the 
road  constructed  by  the  company  hereby  incorporated,  ex- 
cept at  points  crossing  or  intersecting  tiie  same. 

Power  to  borrow      §    14.      Said  Company  is  hereby  authoiized,  from  time  to 

money.  time,  to  borrow  such  sum  or  sums  of  money  as  may  be  ne- 

cessary for  completing  and  finishing  or  operating  their  said 
railroad,  and  to  issue  and  dispose  of  their  bonds  in  denom- 
inations of  not  less  than  five  hundred  dollars,  bearing  a  rate 
of  interest  not  exceeding  eight  per  centum  per  annum,  for 
any  amount  so  borrowed,  and  to  mortgage  the  corporate 
property  and  franchises,  or  convey  the  same  by  deed  of 
trust,  to  secure  the  payment  of  any  debt  contracted  by  said 
company  for  the  purposes  aforesaid.  And  the  directors  of 
said  company  may  confer  on  any  bondholder  of  any  bond 
issued  for  money  borrowed  as  aforesaid  the  right  to  con- 
vert the  principal  due  or  owing  thereon  into  stock  of  said 
company,  at  any  time  not  exceeding  ten  years  from  the  date 
of  the  bond,  under  such  regulations  as  the  directors  of  said 
conapany  may  see  fit  to  adopt;  and  all  sales  of  such  bonds 
that  may  be  made  at  less  than  their  par  value  shall  be  good 


branch 
Cciitiid 


63  1853. 

and  valid  and  binding  upon  said  corporation  as  if   such 
bonds  liad  been  sold  lor  liie  lull  amount  thereof. 

§    15.      The  width  of  said  railroad  is  to  be  determined '^^'■''"'"f  road. 
by  the  said  corporation  within  the  limits  prescribed  by  the 
first  section  of  this  act. 

§  16.  Said  company  are  hereby  authorized  to  acquire  Ai,t!..i;/>,i to «fo 
•and  hold  so  much  of  the  grade  of  the  Pekin  and  Blooming-  ] 
ton  Branch  of  the  Central  Railroad  as  they  may  deem  ne-  ' 
cessary,  and  may  enijjloy  and  use  t!ie  same  in  llie  construc- 
tionof  their  said  road  ;  and  if  said  grade  and  right  of  way 
should  belong  to  the  state  of  Illinois,  the  said  company  may 
purchase  tlie  same  from  the  government  of  this  state,  upon 
such  terms  as  they  shall  agree  upon;  and  such  contract,  if 
made,  shall  be  binding  upon  botii  parties. 

^    17.     This  act  shall  be  in  force  from  and  after  its  pas- Tim^for  compi. 
sage,  and  said   company  shall  commence  its  work  within  t:^""''^*'- 
five  years,  and  complete  the  same  within  ten  years  Irom 
the  ])assage  of  this  act. 

Approved  February  10,  1853. 


AN  ACT  to  incorporate  the  Terrc  Haute  and  York  Junction  Railroad  Com-  In  force  Feb.  u, 

pany.  1853. 

Section  1.  Be  it  enacted  by  the  peop/e  of  the  state 
of  Illinois,  represented  in  the  General  Jissemhly,  'i'hat  Corporation. 
R.  P.  Ober,  Henry  Harrison,  James  Brooks,  Ira  Prevo, 
John  H.  Liiiley,  Ezekiel  Bishop,  Nathan  Musgrove,  Wil- 
liam Steel,  John  Newlan,  R.  A.  Holmes,  Isaac  Wilkins, 
John   Harmon,   F.   Fuller,  Josej)h  Piquett,  Peter   Green, 

Faris,  E.  V.  Ball,  James    Farrington,   C.  Gilbert,  C. 

Warren,  Samuel  Myers,  James  Drake,  James  Kelly  and 
Robert  Taylor,  and  such  other  persons  as  may  associate 
with  them  for  tliat  purpose,  are  hereby  made  and  constitu- 
ted a  body  corporate  and  politic,  by  the  name  and  style  of  the 
"Terre  Haute  and  York  Junction  Railroad  Company,'^ style,  &c. 
with  perpetual  succession,  and  by  that  name  and  style  siiall 
be  capable  in  law  of  taking,  purchasing,  holding,  leasing.  Genera!  po-nors. 
selling  and  conveying  estate  and  property,  whether  real, 
personal  or  mixed,  so  far  as  the  same  may  be  necessary  for 
the  purposes  hereinafter  mentioned,  and  no  further;  and 
in  their  corporate  name  may  sue  and  be  sued,  have  a  com- 
mon seal,  and  may  have  and  exercise  all  powers,  rights, 
privileges  and  immunities  which  are  or  may  be  necessary 
to  cany  into  effect  the  purposes  and  objects  of  this  act,  as 
the  same  are  hereinafter  set  forth. 

§   2.     The  Terre  Haute   and   York  Junction  Railroad  Objects. 
Company  shall  have  full  power  and  authority  to  locate, 


1853.  64 

construct,  furnish  and  maintain  a  railroad,  with  one  or  more 
tracks,  commencing  on  the  Chicago  Branch  ^or  at  Salem,) 
of  the  Central  Raili-oar',  at  or  near  the  junction  of  that  road 
with  the  Ohio  and  Mississippi  Railroad,  in  Marion  county, 
and  running  from  tiience  through  the  counties  of  Marion, 
thence  to  Louisville,  in  Clay  county,  Effingliam,  Newton, 
in  Jasper  county,  Hutsonville,  in  Crawford  county,  and  * 
Clark  county,  to  a  point  on  the  Wabash  river  at  or  adjoin- 
ing the  town  of  York,  with  a  view  of  crossing  the  Wabash 
river  and  extending  the  same  to  Terre  Haute,  in  tlie  state» 
of  Indiana,  Marshall,  in  Clark  county;*  and  to  take  and  car- 
ry persons  and  property  upon  said  railroad  by  any  force  or 
powei  which  said  company  may  choose  to  apply  or  use; 
and  for  the  purpose  of  constructing  said  railroad,  said  com- 
pany shall  have  authority  and  power  to  lay  out,  designate 
and  establish  their  road,  in  width  not  exceeding  one  hun- 
dred and  fifty  feet  through  the  entire  line  thereof,  and  may- 
take  and  apj)ropriate  to  their  own  use  all  such  lands  so  des- 
ignated for  the  line  and  construction  of  said  railroad,  upon 
first  paying  or  tendering  therefor  such  amount  of  damage 
as  shall  have  been  settled  by  agreement  or  appraisal  in 
manner  hereinafter  provided,  on  all  such  lands  so  designa- 
ted for  the  line  and  construction  of  said  railroad,  and  all 
such  lands  as  may  be  taken,  or  upon  any  track  which  may 
be  located  by  said  company;  and  for  the  purpose  of  em- 
bankments, cuttings,  obtaining  of  stone,  gravel  and  sand, 
may  take  and  ap[)ropriate  as  much  more  land  as  may  be 
necessary  for  the  proper  construction,  maintenance  and 
security  of  said  road;  and  for  constructing  such  depots  and 
other  suitable,  proper  and  convenient  fixtures  in  connec- 
tion  with  and  appurtenances  to  said  railroad,  may  take  and 
have,  use  and  occupy  any  lands  U{)on  either  side  of  said 
railroad,  not  exceeding  two  hundred  feet  in  depth  from 
said  railroad — said  company  taking  all  such  lands  by  gift, 
purchase  or  condemnation,  and  making  satislaction  for  the 
same  as  hereinafter  provided. 
iiT<-y  SI..]  ri!;iit  §  3.  The  Said  company,  and  under  their  direction,  their 
'  ""•■  agents,  servants  and  workmen,  are  hereby  authorized  and 

empowered  to  enter  into  and  upon  the  lands  or  grounds  of 
or  belonging  to  the  state,  to  any  person  or  persons,  body 
politic  or  corporate,  and  survey  and  take  lands  of  the  same, 
or  any  pfirt  thereof,  and  to  set  out  and  ascertain  such  parts 
as  they  shall  think  necessary  and  proper  for  the  making  of 
said  railroad;  and  for  all  the  purposes  connected  with  said 
railroad  for  which  said  corporation  by  the  last  preceding 
section  is  authorized,  to  have,  take  and  appropriate  any 
lands  and  to  fell  and  cut  down  trees  or  timber  standing  or 
being  within  one  hundred  feet  on  each  side  of  said  line  of 

*This  dt'scilbed  route  Is  unintelligible,  but  It  Is  thus  In  th«  enrolled  law. 


65  1853. 

said  railroad;  the  damage  occasioned  by  the  felling  of  such 
timber,  unless  otherwise  settled,  to  be  assessed  and  paid 
for  in  manner  hereinafter  provided  for  assessing  and  pay- 
ing damages  for  lands  taken  for  tlie  use  of  said  railroad 
company.  Also,  from  time  to  time  to  alter,  repair,  amend, 
widen,  or  enlarge  the  same,  or  any  of  the  conveniences 
above  named,  as  well  for  carrying  persons,  goods,  wares, 
or  merchandise,  commodities,  timber,  or  other  things  to 
and  upon  the  said  railroad,  or  for  conveying  all  manner  of 
materials  necessary  for  the  making,  erecting,  furnishing, 
altering,  repairing,  amending,  or  enlarging  the  works  of  or 
connected  with  said  railroad,  and  to  construct  and  agree 
with  the  owner  or  owners  thereof  for  eartii,  timber,  gravel, 
stone,  or  other  material  or  any  articles  whatever,  which 
may  be  wanted  in  the  construction  or  repair  of  said  rail- 
road or  any  of  its  appurtenances;  the  said  company  doing 
as  little  damage  as  possible  in  the  execution  of  said  pow- 
ers hereby  granted,  and  making  satisfaction  in  the  manner 
hereinafter  mentioned  for  all  damages  to  be  sustained  by 
the  owners  or  occupiers  of  said  land. 

§  4.  The  said  company  shall  have  power  and  authority  Real  estate,  &.c 
to  receive,  take  and  hold  all  such  voluntary  grants  and  do- 
nations of  lands  and  real  estate,  for  the  purpose  of  said  rail- 
road, as  may  or  sliall  be  made  to  said  company,  in  the  con- 
struction, maintenance  and  accommodation  of  said  railroad; 
and  said  company  may  contract  and  agree  with  the  owners 
or  occupiers  of  any  lands  upon  which  said  company  may 
wish  to  construct  said  railroad,  or  which  said  company 
wish  to  use  or  occupy  for  the  purpose  of  procuring  sand, 
stone,  gravel,  or  either,  or  other  materials  to  be  used  in 
embankments  or  otherwise,  in  or  about  the  construction, 
repair  or  enjoyments  of  said  railroad,  or  which  said  com- 
pany may  wish  to  use  or  occupy  in  any  manner  or  for  any 
purpose  connected  with  said  railroad,  for  which  said  com- 
pany is  empowered  and  authorized  by  this  act  to  take, 
have  or  appropriate  any  lands,  and  receive  and  take  grants 
and  conveyances  of  any  and  all  interests  and  estate  there- 
in, and  to  them  and  to  their  successors  or  assigns,  in  fee 
or  otherwise;  and  in  case  said  company  cannot  agree  with 
such  owners  or  occupiers  of  such  lands  as  aforesaid,  so  as 
to  procure  the  same  by  tlie  voluntary  deed  or  act  of  such 
owners  or  occupiers  thereof,  or  if  the  owners  or  occupi- Damages  to  in- 
ers,  or  any  of  them,  be  a  femme  covert,  infant,  non  com- 
pos menth,  unknown,  or  out  of  the  county  in  which  the 
lands  or  property  wanted  may  lie  or  be  situated,  the  same 
may  be  taken  and  paid  for,  if  any  damages  are  awarded, 
in  the  manner  provided  for  in  the  act  to  provide  for  a  gen- 
eral system  of  railroad  incorporations,  approved  November 
5th,  1849  ;  and  the  final  decision  or  award  shall  vest  in  the 
corporation  hereby  created  all  the  rights,  privileges,  fran- 
[  E] 


fants,  &(.-..  bow- 
ascertained. 


1S5S. 


66 


Proviso.  chises  and  immunities  in  said  act  contemplated  :  .^nd pro- 

vided, that  any  appeal  tiiat  may  be  allowed  under  tlie  pro- 
visions of  the  above  recited  act,  or  by  virttie  of  any  gener- 
al law  of  this  state,  shall  not  affect  the  possession  of  said 
company  of  the  lands  appraised,  and  when  the  appeal  may 
be  taken,  or  writ  of  error  prosecuted  by  any  person  or 
persons  other  than  the  said  company,  the  same  shall  not  be 
allowed,  except  on  the  stipulation  of  the  party  so  appeal- 
ing or  prosecuting  such  writ  of  error,  that  the  said  com- 
pany may  enter  upon  and  use  the  lands  described  in  the 
petition,  for  the  uses  and  purposes  therein  set  forth,  upon 
said  company  giving  bond  and  security,  approved  by  the 
clerk  of  said  court,  that  they  will  pay  to  the  party  so  ap- 
pealing or  prosecuting  such  writ  of  error  all  costs  and 
damages  that  may  be  awarded  against  them  on  the  final 
hearing  of  such  appeal  or  writ  of  error,  within  thirty  days 
after  the  rendition  thereof,  or  forfeit  all  right  to  use  the 
lands  or  way  so  condemned. 

©apitaistock.  §   5.     The  capital  stock  of  said  company  shall  be  one 

million  of  dollars,  which  said  capital  stock  may  be  increas- 
ed, wlien  necessary,  to  any  amount  not  exceeding  the  ac- 
tual estimated  cost  of  constructing  and  equipping  their 
said  railroad;  and  subscription  to  the  increased  capital 
stock  may  be  made,  from  time  to  time,  as  may  be  ordered 
and  directed  by  the  board  of  directors  of  the  said  railroad 
company;  which  stock  shall  be  divided  into  shares  of  fifty 
dollars  each,  which  shall  be  deemed  personal  property, 
and  may  be  issued,  certified,  transferred  and  registered  in 
such  manner  and  at  such  places  as  may  be  ordered  by  the 
board  of  directors,  who  shall  have  power  to  require  the 
])nynient  of  stock  subscribed,  in  manner  and  at  the  time, 
and  in  such  sums  as  they  may  direct ;  and  on  the  refusal 
or  neglect  on  the  part  of  stockholders,  or  any  of  them,  to 
make  payment  on  the  requisition  of  the  board  of  directors, 

Notice.  the  share  of  sucii  delinquent  may,  after  thirty  days'  pub- 

lic notice,  be  sold  at  public  auction,  under  such  rules  as 
the  directors  may  adopt:  the  surplus  money,  if  any  re- 
mains after  deducting  the  payments  due,  with  the  interest 
and  necessary  costs  of  sale,  to  be  paid  to   the  delinquent 

Dir.dors.  stockholder.     The   board  ofdirectors    hereinafter  named 

shall  cause  books  to  be  opened  for  subscription  to  the  cap- 
ital stock  of  said  company  at  such  times  and  at  such  places 

Proviso.  and  in  such  manner  as  they  shall  direct :  Proindcd,  that  as 

soon  as  eighty-five  thousand  dollars  of  bona  fide  subscrip- 
tion shall  be  made  to  said  capital  stock,  and  five  per  cent, 
thereon  paid,  it  shall  be  lawful  for  said  company  to  com- 
mence the  construction  of  said  road. 

Power  vested  In  §  6.  All  the  Corporate  powers  of  said  company  shall 
directurn.  -j^^  vcsted  iu  uud  cxercised  by  a  board  of  directors,  to  con- 
sist of  not  less  than  seven  or  more  than  thirteen  in  num- 


67  1863. 

ber,  and  such  other  officers,  agents  and  servants    us  they 
shall  appoint.     The  first   board  of  directors  shall  consist 
of  Chauncey  Rose,  James  Farrington,   Robert  Taylor,  R,  xamosor  porwiR 
P.  Ober,   John  B.   Richardson,;  Nathan   Musgrove,  R.f  A.  S'™"'^' 
Holmes,  F.  Fuller,  M.  O'Kane,  Peter  Green,  C.  Johnson, 
Isaac  Wilkins  and  L.  O.    Schultz,  who  shall  hold  their  of- 
fices until  their  successors  are  elected  and   qualified;  va- 
cancies in  the  board  may  be  filled  by  a  vote  of  two-thirds 
of  the  directors  remaining;  such  appointees  to  continue  in 
office    until    the    next    annual    election    of  directors,   and 
which  said  annual  election  siiall  be  held  on  the   first  Mon- 
day in  July   in  each  year,   at  such  place   as  the  directors 
may  direct,  thirty  days'  printed  notice  being  given  in  two  Kotice. 
newspapers  having  circulation   along  the  line  of  said  rail- 
road. 

§  7.  At  any  election  held  for  directors,  each  share  ofEiectioqs. 
stock  shall  be  entitled  to  one  vote,  to  be  given  either  in 
person  or  by  proxy,  and  the  persons  receiving  the  largest 
number  of  votes  to  be  declared  duly  (ilected,  and  to  hold 
their  offices  until  the  next  annual  election,  and  until  iheir 
successors  are  elected  and  qualified.  Ail  elections  for  di- 
rectors to  be  conducted  by  tiiree  judges,  selected  by  the 
stockholders  present. 

§   8.     The  directors  herein  named   are  required  to  or- President      an<j 
ganize  the  board  by  electing  one  of  ther  number  president,  ""'*'''  "«*''"•'• 
and  appointing  a  secretary  and  treasurer. 

§  9.  Tlie  said  company  shall  have  power  to  purchase  Power  to  contrart 
with  the  funds  of  the  company,  and  contract  for  and  place  "''™*'^  '"'^^" 
on  the  railroad  hereby  authorized  to  be  constructed,  all 
machines,  carriages  and  vehicles  of  every  description  which 
they  may  deem  necessary  and  proper  for  the  purposes  of 
transportation  on  said  road  ;  and  they  shall  have  power  to 
charge  for  tolls  and  transportation  and  rates  of  fare  such 
sums  as  shall  be  lawfully  established  by  the  by-laws  of  said 
company. 

§  10.  Said  company  shall  have  power  to  make,  ordain  s^-iaws. 
and  establish  all  such  by-laws,  rules  and  regulations  as  may 
be  deemed  expedient  and  necessary  to  fulfil  the  purposes,, 
and  carry  into  effect  the  provisions  of  this  act,  and  for  the 
well  ordering  and  securing  the  affairs,  business  and  inter- 
ests of  said  company  :  Provided^  that  the  same  be  not  re- Proviso, 
pugnant  to  the  constitution  and  laws  of  the  United  States 
or  of  this  state. 

§  11.  Whenever  it  shall  be  necessary  for  the  construe- ii't«'-iwcr.oof,fcc 
tion  of  said  railroad  to  intersect  or  cross  a  track  of  any 
other  road,  railroad,  or  stream  of  water  or  water  course, 
lying  on  the  route  of  said  railroad,  it  sliall  be  lawful  for  the 
company  to  construct  their  railroad  across  or  upon  the 
same  ;  that  for  the  purpose  of  extending  their  said  railroad 
Across  the  Wabash  river  to  connect  and  extend  the  same 


1853.  68 

to  Terre  Haute,  the  privilege  of  bridging  said  stream  is 

iso-  hereby  granted  to  said  company  :  Pruvided,  tliat  the  said 

company  shall  restore  the  road,  railroad,  stream  of  water 
or  watercourse,  to  its  former  state,  or  in  a  sufficient  man- 
ner not  materially  to  impair  its  usefulness  :  »^ind  j^rovided 
Jurther,  that  the  bridge  so  to  be  erected  across  the  Wa- 
bash river  shall  be  provided  with  draws  of  sufficient  width 
for  the  passage  of  boats  or  other  craft  navigating  said  riv- 
er; that  the  said  draw  shall  at  all  times  be  kept  in  good 
repair,  and  that  attentive  persons  shall  at  ail  times  be  in 
readiness  to  open  tlie  same  so  as  to  cause  as  little  delay  as 
the  nature  of  the  case  will  reasonably  admit. 

lerxis.  §    ^2.     Tiie  said  company  shall  annually  or  semi-annu- 

ally make  such  dividends  as  tliey  may  deem  proper  of  the 
net  profits  or  income  of  said  company  among  the  stock- 
holders therein,  in  proper  proportion  to  their  respecti^-B 
shares. 

,>tic3.  §   ^S.     If  any  person  shall  do  or  cause  to  be  don®,  or  aid 

in  doing  or  causing  to  be  done,  any  act  or  acts  whatsoever 
whereby  any  building  or  structure  or  work  of  said  compa- 
ny, or  any  engine,  machine  or  structure,  or  any  matter  or 
thing  appertaining  to  the  same,  shall  be  stopped,  obstruct- 
ed, impaired  or  weakened,  injured  or  destroyed,  tiie  per- 
son or  persons  so  offending  shall  be  guilty  of  a  misdemean- 
or, and  may  be  punished  upon  conviction  by  fine  in  any  sumJ 
2iot  exceeding  one  thousand  dollars,  or  by  imprisonmcnll 
not  exceeding  five  years,  or  both,  at  the  discretion  of  the 
court,  and  shall  forfeit  and  pay  to  the  said  corporation 
treble  the  amount  of  damages  sustained  by  reason  of  said 
offence  or  injury,  to  bo  recovered  in  the  name  of  the  com- 
pany, with  costs  of  suit,  in  an  action  of  trespass,  before  any 
justice  of  the  peace  of  this  state,  or  before  any  court  !inv- 
ing  jurisdiction  thereof. 

nwiih  other  §  14.  Said  Company  sliali  have  the  power  to  uBile  its 
railroad  with  any  other  railroad  now  constructed,  or  which 
may  hereafter  be  constructed,  either  in  this  state  or  thei 
state  of  Indiana,  upon  such  terms  as  may  be  mutually 
agreed  upon  between  the  companies  so  connecting;  and 
for  that  ]'urpose  full  power  is  hereby  given  to  said  compiv 
ny  to  make  ausl  execute  sucli  contracts  with  any  otlier 
eompany  as  will  secure  the  objects  of  such  connection. 

f>r  ro  fijnow      §   15.     Said  Company  is  hereby  authoriz'ed  from  time  tc 

^'"■''  time  to  borrow  such  sum  or  sums  of  money  as  may  be  ne- 

cessary for  completing  and  finishing  or  operating  their  said) 
railroad,  and  to  issue  and  dispose  of  their  bonds  in  denom- 
inations of  not  less  than  five  hundred  dollars,  at  such  rate 

i;  uu  rest,  of  interest  not  exceeding  seven  per  cent,  per  annum,  and 
at  such  discount  as  may  be  thought  for  the  benefit  of  the 
company,  and  to  mortgage  their  corporate  property  and- 
franchises,  or  convey  tlie  same  by  deed  of  trust  to  secure  , 


69  1853. 

the  paynient  of  any  debt  contracted  by  said  company  for 
the  })urpose  aforesaid;  and  the  directors  of  t-'aid  company 
may  confer  on  an}'  bondholder  of  any  bond  issued  for  mo^iey 
borrowed  as  aforesaid  the  right  to  convert  tlie  principal 
due  or  ov/ing  thereon  itito  stock  of  said  company,  at  any 
time  not  exceeding  ten  years  from  the  date  of  the  bond, 
under  such  regulations  as  the  directors  of  said  company 
may  see  tit  to  adopt. 

§    16.     The  said  conapany  hereby  chartered  shall  be  re- TiniP    tt-r   «* 
quired  to  construct  and  operate  their  said  railroad,  through-  °""«''»sr*->'i^ 
out  the  entire  line  thereof,   according  to  tlie  terms  of  the 
charter,  within  ten  years  after  tise  work  shall  be  cosnmen- 
ced  tliereon,  ajjd  upon  failure  so  to  do  shall  forfeit  all  rights 
and  privileges  to  tracks  completed   and  works   done  upon 
tiie  said  railroad:   Provided,  the  w-ork  shall  be  commen- provi.-/', 
ced  on  said  railroad  within  ten  year^i  ai'tcr  the  passage   of 
this  act. 

0    17.      This  act  shall  be  deemed   and  taken  as  a  public 
act,  and  shall  be  in  force  from  and  after  its  passage. 

Approved  February  12,  1853- 


AN  ACT  to  incorporate  the  Rocktcn  and  Freeport  Railroad  Company.      In  fon-esifeih,  10, 

1853, 

Sectiotc  1.  Be  it  enacted  hy  the  people  of  the  slate  oj 
Illinois,  j^epi^esented in  iJie  General  v^ssemhly,  That  all  suchcor.wrsuoiu 
persons  as  shall  become  stockholders  agreeably  to  the  pro- 
visions of  this  act  in  tliis  corporation  hereby  created,  shall 
be,  and  for  the  term  of  sixty  years  from  and  after  the  pas- 
sage of  this  act  sliall  continue  to  be,  a  body  corporate  and 
politic,  by  the  name  and  style  of  "  The  Rockton  and  styie,&c. 
Freeport  Railroad  Company,"  and  by  that  name  shall  have 
succession  for  the  term  of  years  above  specified;  may  sue 
and  be  sued,  complain  and  defend,  in  any  court  of  law  or 
equity  ;  may  make  and  use  a  common  seal,  and  alter  the 
same  at  pleasure;  may  make  by-laws,  rules  and  regula- 
tions for  the  management  of  property,  the  regidation  ot'iU 
affairs,  and  for  tlie  transfer  of  its  stock,  not  inconsistent 
\vith  the  existing  laws  and  constitution  of  this  state  or  of 
the  United  Slates  ;  and  may,  moreover,  appoint  such  sub- 
ordinate agents,  officers  and  servants'  a?  the  busijiess  of  the 
company  may  require,  j)rescribe  their  duties,  and  require 
bond  for  the  faithful  performance  thereof 

§   2.     ThatWait  Talcott,  Thomas  B.  Talcott,  Thomas  J.  ^''n^^^'^sioner.. 
Turner,  Darius  Adams,  A.  H.  Merrill,  Seth   G.  Broi.son, 
and  John  B.  Peterson,   be  and  are   hereby  apjxiinted  com-,, 

f       ,,  r  ■  i_  •    ••  1.      ii       Procure  subsciiL- 

raissioners  tor  the  purpose  of  procuring  subscriptions  to  tne  uons. 


1853. 


70 


capital  stock  of  said   company,  whose  duty  it  shall  be  to 

openbooks.  open  books  for  subscriptions  to  the  capital  stock  of  said 
company,  giving  notice  of  the  time  and  place  when  and 
where  said  books  will  be  opened,  at  least  twenty  days  pre- 
vious thereto,  by  publication  in  some  newspaper  published 
in  Freeport  and  Rockford.  The  said  commissiom^rs,  or  a 
majority  of  them,  shall  attend  at  the  places  appointed  for 
the  opening  of  said  books,  and  shall  continue  to  receive 
subscriptions,  either  personally  or  by  such  agents  as  they 
shall  appoint  for  that  purpose,  until  the  sum  of  twenty 
thousand  dollars  shall  liave  been  subscribed,  and  as  soon 
as  said  sum  of  twenty    thousand  dollars  is  subscribed,  the 

N»ti««.  g^jj  commissioners  shall  give  twenty  days'  notice,  by  pub- 

lication in  a  newspaper  published    in  Freeport  and  Rock- 

Ru.  I  directors,  f^j.^^^  ^f  an  election  by  Said  stockholders  of  a  board  of  direc- 
tors, as  iiereinafter  provided,  for  the  management  of  said 
company,  at  such  time  and  place  appointed  for  that  purpose. 
The  commissioners,  or  a  majority  of  them,  shall  attend 
and  act  as  inspectors  of  said  election,  and  the  stockholders 
present  shall  proceed  to  elect  thirteen  directors  by  ballot, 
and  the  commissioners  present  shall  certify  the  result  of  such 
election  tinder  their  hands,  which  certificate  shall  be  recor- 
ded in  the  record  book  of  said  company,  and  shall  be  suffi- 
cient evidence  of  the  election  of  the  directors  therein  named. 
The  directors  thus  elected  shall  hold  their  offices  for  one 
year,  and  until  their  successors  are  elected  and  qualified. 

«;.n)i!ai  sfotk.  §   3.      The  ca})ital  stock  of  said   company  shall  be  two 

hundred  and  twenty-five  thousand  dollars,  with  power  to 
increase  the  same  to  a  sufficient  sum  to  complete  the  work 
herein  autiiorizcd,  not  exceeding  twenty  thousand  dollars 
per  mile,  and  the  same  shall  be  subscribed  for  and  taken 
undci'  the  direction  of  the  board  of  directors  of  said  company, 
in  such  time,  place  and  manner  as  the  said  directors  shall 
from  time  to  time  direct.  The  shares  in  said  company 
shall  be  deemed  and  considered  as])er>~onal  property. 

wrectors  to  man-  ^  4.  The  affairs  of  Said  company  sluill  be  managed  by 
a  board  of  thirteen  directors,  to  be  chosen  annually  by  the 
stockholders  from  among  themselves.  At  all  elections 
for  directors,  each  stockholder  shall  be  entitled  to  on 
vote  for  each  share  held  by  him,  and  may  vote  either  per 
sonally  or  by  proxy;  and  a  plurality  of  votes  given  at  an 
election  shall  determine  the  choice  ;  and  no  stockholder 
shall  be  allowed  to  vote  at  any  election,  after  the  first,  for 
any  stock  which  shall  have  been  assigned  to  him  within  thir- 
ty days  previous  to  such  election.  The  directors  shall  hold 
their  offices  for  one  year  after  elected,  and  until  after  their 
successors  are  elected  aiuJ  qualified,  and  shall  elect  one 
of  their  number  ])resident  of  said  board  ;  and  in  case  of  any 
A'acancy  occurring  in  said  board  of  directors  between  elec- 
tions, the  same  may  be  filled  by  the  board  at  any  legal  meet- 


age     aftrtirs    of 
Company. 


t 


Tcnn  of  ofno'. 


71  1853. 

ingof  the  directors,  and  the  person  so  elected  to  fill  the  va- 
cancy shall  hold  his  office  until  the  next  annual  mcetinp-  of 
the  stockiiolders.  In  case  of  the  absence  of  the  president 
of  the  board,  the  directors  shall  have  })Ower  to  elect  a 
president  y;,'','j  /<mp.ire,  who  shall  exercise,  ^for  the  linio 
being,  ail  the  legal  powers  of  tiie  president  of  said  com- 
pany ;  and  t!ic  said  board  of  directors  may  diminish  their 
number  to  not  less  than  nine,  or  increase  the  same  to  any 
number  not  exceeding  fifteen,  by  a  v^te  of  tlie  majority  of  the 
stockholders  present  at  any  annual  meeting. 

§  5.  It  shall  be  lawful  for  the  directors  to  make  calls  payment  of  sto. 
upon  the  sums  subscribed  to  the  capital  stock  of  said  com- 
pany, at  such  time  or  times  and  in  such  amount  as  they  shall 
deem  fit,  giving  at  least  twenty  days'  notice  of  each  of  said 
calls  in  at  least  three  public  newspapers  published  in  this 
state  ;  and  in  case  of  failure  on  the  part  of  any  stockholder  to 
make  payment  of  any  call  made  by  said  directors  for  sixty- 
days  after  the  same  shall  be  due,  tlie  said  board  of  directors 
are  hereby  authorized  to  declare  said  stock  so  in  arrears, 
and  all  sums  paid  thereon  forfeited  to  said  company. 

§   6.     The  said  company  are  hereby  authorized  and  em- Amiiomed 
powered  to  locate,  construct,  and  complete,  and  maintain,  construct,  &f. 
and  operate,  a  railroad  with  a  single  or  double  track,  and 
with  such  appendages  as  may  be  deemed  necessary  by  the 
directors  for  the  convenient  use  of  the  same,  from  a  point  Route, 
on  the  north  line  of  the  county  of  Winnebago,  through  the 
village  of  Rockton,  to  the  village  of  Freeport,  in  the  county 
of  Stephenson,  and  shall  have  power  to  build  branches  to 
connect  said  road  with  any  railroad  or  railroads  in  either 
or  any  of  the  counties  through  which  said  road  shall  pass, 
and  to  survey  and  determine  the  line  of  said  road  upon  such 
route  as  the  said  company  shall  deem  most  eligible;   and 
the  said  company  are  further  authorized  to  use  and  operate 
said  radroad,  and  shall  have  power  and  authority  to  regulate  Trausportation,, 
the  time  and  manner  in  which  goods,  effects   and  persons  '"' ' '■■'*^* 
shall  be  transported  on  the  same,  and  to  prescribe  the  man- 
ner in  which  said  railroad  shall  be  used,  and  the  rate  of  toll 
for  the  transportation  of  persons  and  property  thereon,  and 
for  the  storage  of  merchandise  and  other  property  under 
their  charge,  and  shall  have  power  to  provide  all  necessa- 
ry stock  and  material   for  the  operation   of  said  road,  and 
shall  have  power  to  erect  and   maintain   all  necessary  de- 
pots, stations,  shops,  and  other  buildings  and  machinery  for 
the  accommodation,  management  and  operation  of  said  road. 

§  7.  That  said  company  are  hereby  authorized,  by  their  surveyor,  &c. 
engineers  and  agents,  to  enter  upon  any  lands  for  the  pur- 
pose of  making  tlie  necessary  surveys  and  examinations  of 
said  road,  and  enter  upon  and  take  and  hold  all  lands  neces- 
:-ary  for  the  construction  of  the  said  railroad  and  branches, 
and    its    appendages,   first   making  just,  reasonable  com- 


1853.  72 

pensation  to  the  owners  of  said  land  for  any  damage 
that  may  arise  to  tliem  from  the  building  of  said  railroad; 
and  in  case  the  said  company  shall  not  be  able  to  obtain 
the  title  of  said  lands  through  which  said  road  shall  be 
laid,  by  purchase,  or  voluntary  cession,  the  said  company 
are  hereby  authorized  to  proceed  to  ascertain  the  damages 

Damages.  Sustained   by   such  owner   or  owners,    and   determine  the 

same  in  the  manner  and  upon  the  principles  provided  by 
the  92d  chapter  of  the  Revised  Statutes  of  this  state,  en- 
titled "right  of  way"  :  Provided,  that  after  the  appraisal  of 
damages  as  provided  in  said  statute,  and  upon  deposit  of 
the  amount  of  such  appraisal  with  the  clerk  of  the  circuit 
court  of  tiie  county  wherein  such  lands  may  be  situated,  the 
said  company  are  hereby  authorized  to  enter  upon  such 
lands  for  the  construction  of  said  road. 

r.iwi^r  u.  borrow      §   ^-      The  Said  compaiiy  are  authorized  and  empowered 

raouty.  Iq  borrow,  from  time  to  time,  such  sums  of  money,  not  ex- 

ceeding the  capital  stock  of  said  company,  as  in  their  opin- 
ion  may  be   deemed   necessary  to   aid   the  construction  of 

Rale  of  interest,  gaid  road,  and  to  pay  any  rate  of  interest  therefor  not  ex- 
ceeding ten  per  cent.,  and  to  pledge  and  mortgage  the  said 
road  and  its  appendages,  or  any  part  thereof,  or  any  other 
property  or  effects,  rights,  credits  or  franchises  of  the  said 
company,  as  security  for  any  loan  of  money  and  interest 
thereon,  and  to  dispose  of  the  bonds  issued  for  such  loan  at 
such  rate  or  on  such  terms  as  the  board  of  directors  may 
determine. 

w^u'Y     courses      ^   9.     Said  Corporation  may  coustruct  their  Said  road  and 

ami  s:v  Mm.-;.        -      ^       ,  '  -' 

branches  over  or  across  any  stream  of  water,  water  course, 
road,  highway,  railroad,  or  canal,  which  the  route  of  its 
road  shall  intersect,  but  tiie  corporation  shall  restore  the 
stream,  water  course,  road,  or  highway  thus  intersected, 
to  its  former  state,  or  in  a  sufficient  manner  not  to  have 
impaired  its  usefulness.  Whenever  the  track  of  said  rail- 
road shall  cross  a  road  or  highway,  such  road  or  highway 
may  be  carried  under  or  over  said  truck,  as  may  be  found 
most  expedient,  and  in  case  where  an  embankment  or  cut- 
ting shall  make  a  change  in  the  line  of  such  road  or  high- 
way desirable,  with  a  view  to  a  more  easy  ascent  or  de- 
scent, tiie  said  company  may  take  such  additional  lands 
iov  the  construction  of  such  roads  or  highways  as  may  be 
deemed  requisite  by  said  corporation,  unless  the  lands  so 
taken  shall  be  purchased  or  voluntarily  given  for  the  pur- 
pose aforesaid  ;  compensation  thereibr  shall  be  ascertained 
in  the  manner  in  this  act  j)rovided,  as  nearly  as  may  be, 
and  duly  made  by  said  corj)oration  to  the  owners  and  per- 
sons interested  in  such  lands — the  same  when  so  taken,  or 
compensation  made,  to  become  a  part  of  such  intersecting 


73  1853. 

road  or  highway,  in  such  manner,  and  by  such  tenure,  as 
the  adjacent  parts  of  [saidj  highway  may  be  held  for  high- 
way purposes. 

§  10.  It  shall  be  lawful  for  the  said  company  to  unite  ^^nion  withother 
with  any  other  railroad  company  which  may  have  been  or  roads. 
may  hereafter  be  incorporated  by  the  state  of  Wisconsin, 
and  running  from  the  terminous  of  said  road  in  a  direction 
towards  Lake  Michigan,  and  to  grant  to  any  such  company 
the  right  to  construct  and  use  all  or  any  portion  of  the  road 
hereby  authorized  to  be  constructed  ;  also,  the  right  to 
purchase  or  lease  all  or  any  part  of  said  road  ;  also,  the 
right  to  sell,  lease,  or  convey  the  same  to  said  company, 
or  consolidate  its  stock  therewith,  and  place  the  manage- 
ment and  control  of  the  same  under  said  board  of  direc- 
tors, upon  such  terms  as  may  be  mutually  agreed  upon 
between  the  said  railroad  companies. 

§  11.  Any  person  who  shall  wilfully  injure  or  obstruct  pgnajties. 
the  said  road,  or  any  of  its  appendages  thereto,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  shall  forfeit  to  the  use 
of  the  company  a  sum  three-fold  the  amount  of  the  damages 
occasioned  by  such  injury  or  obstruction,  to  be  recovered 
in  an  action  of  debt  in  the  name  of  said  company,  with  costs 
of  suit,  before  any  justice  of  the  peace  or  before  any  court 
of  record  in  this  state. 

§    12.     The  said  company  shall  be  allowed  three  years 
irom  tlie  passage  oi  this  act  tor  the  commencement  oi  the  strucuon. 
construction  of  said  railroad  ;   and  in   case  the  same  shall 
not  be  completed  in  ten  years  thereafter,  the  privileges 
herein  granted  shall  be  forfeited. 

§   13.     This  act  shall  be  deemed  and  taken  as  a  public  act,  p^^j.^^^,_ 
and  shall  be  construed  beneficially  for  all  purposes  herein 
specified  or  intended,  and   shall  take  eflect  from  and  after 
its  passage. 

Approved  February  10,  1853. 


AX  ACT  to  incorporate  the  Mississippi  and  Wabash  Railroad  Company,    in  force  Feb.  lo, 

1853. 

Section  1.  Be  it  enacted  hy  the  people  of  the  state  of 
Illinois^  represented  in  the  General  Jissemhly^  That  John  Corroration. 
D.  Mellen,  William  S.  Spencer, William  N.  Grover,  Andrew 
Huston,  William  H.  Rosevelt,  William  H.  Ralston,  and  such 
other  persons  as  may  associate  witii  them  for  that  purpose, 
are  hereby  made  and  constituted  a  body  corporate  and  pol- 
itic, by  the  name  and  style  of  "The  Mississippi  and  Wa-styic,  &c. 
bash  Railroad  Company,"  with  perpetual  succession  ;  and 
by  that  name  and  style  sliall  be  capable  in  law  of  taking,  General  powers. 


1853. 


74 


purchasing,  holding,  leasing,  selling  and  conveying  estate 
and  proj)ei'ty,  whether  real,  personal  or  mixed,  so  far  as 
the  same  may  be  necessary  for  tlie  purposes  hereinafter 
mentioned,  and  no  further;  and  in  their  corporate  name 
may  sue  and  be  sued  ;  to  have  a  common  sea!,  which  they 
may  alter  or  renew  at  pleasure,  and  may  have  and  exercise 
all  powers,  rights,  privileges  and  immunities  which  are  or 
may  be  necessary  to  carry  into  effect  the  purposes  and  ob- 
jects of  this  act,  as  the  same  are  hereinafter  set  forth. 

§  2.  The  Mississippi  and  Wabash  Railroad  Company 
shall  have  full  power  and  authority  to  locate  and,  from  time 
to  time,  to  alter,  change,  relocate,  construct,  reconstruct 
and  fully  to  furnish,  perfect  and  equip,  and  maintain  a  rail- 
road, with  one  or  more  tracks,  commencing  at  the  city  of 
Warsaw,  on  the  Mississippi  river,  in  the  county  of  Hancock, 
and  state  of  Illinois;  running  from  thence,  on  tlie  nost  el- 
gible  route,  eastwardly,  by  the  way  of  the  city  of  Blooming- 
ton,  in  McLean  county,  to  the  east  line  of  the  state  of  Il- 
linois, with  the  privilege  of  connecting  by  contract  with 
any  railroad  in  the  state  of  Indiana  terminating  on  the  east 
line  of  the  state  of  Illinois,  at  any  point  within  twenty  miles 
north  or  south  of  the  latitude  of  said  city  of  Bloomington, 
and  to  transport,  take  and  carry  property  and  persons  up- 
on said  railroad,  by  power  or  force  of  steam,  or  of  any  me- 
chanical power,  or  combination  of  them,wiiich  said  company 
may  choose  to  use  or  apply;  and  for  the  purpose  of  con- 
structing said  railroader  way,  said  company  shall  have  au- 
thority and  power  to  lay  out,  designate  and  establish 
their  road,  in  width  not  exceeding  one  hundred  and  fifty 
feet  through  the  entire  line  thereof,  and  may  take  and  ap- 
propriate to  their  own  use  all  such  lands  so  designated  for 
the  line  and  construction  of  said  road,  upon  first  paying  or 
tendering  therelor  such  amount  of  damages  as  shall  have 
been  settled  by  appraisal  in  the  manner  hereinafter  provi- 
ded, on  all  such  lands  as  may  be  taken,  or  upon  any  track 
which  may  be  located  by  said  company  ;  and  for  the  pur- 
pose of  cuttings  and  embankments,  and  for  the  purpose  of 
obtaining  stone,  sand  and  gravel,  may  take  and  appropriate 
as  much  more  of  land  as  may  be  necessary  for  the  proper 
construction,  maintenance  and  security  of  said  road;  and 
for  constructing  shops,  depots  and  other  suitable,  proper 
and  convenient  fixtures  in  connection  with  and  ap})urte- 
nances  to  said  railroad,  may  take  and  iiave,  use,  and  oc- 
cupy any  lands  upon  either  side  of  said  railroad,  not 
exceeding  two  hundred  feet  in  dej)th  from  said  railroad; 
said  company  taking  all  such  lands  as  gifts,  or  purchasing 
or  making  satisfaction  for  the  same,  in  the  manner  herein- 
after provided  :  Provided,  that  this  section  shall  not  be 
construed  to  restrict  or  prevent  the  construction  of  public 


75  1853. 

roads  or  canals  or  railroads  across  the  road  of  said  com- 
pany when  deemed  expedient,  but  so  as  not  materially  to 
impair  or  obstruct  the  same. 

§  3.  Tlie  said  company,  by  their  agents,  servants  and  sirvnom,  &« 
workmen,  are  hereby  authorized  and  empowered  to  enter 
into  and  upon  the  lands  and  grou!;ds  of  or  belongiiig  to 
the  state,  or  to  any  person  or  persons,  bodies  politic  or 
corporate,  and  survey  and  take  levels  of  the  same,  or  any 
part  thereof,  and  to  set  out  and  ascertain  such  parts  as  they 
shall  think  necessary  and  proper  for  making  said  railroad, 
with  one  or  more  sets  of  tracks  or  rails,  and  for  all  the 
purposes  connected  with  said  railroad,  for  which  the  said 
corporation,  by  the  last  preceding  section,  is  authorized 
to  have,  take  and  aj)propriate  any  lands,  and  to  fell  and 
cut  down  all  timber,  and  other  trees  standing,  or  being 
within  one  hundred  feet  on  each  side  of  said  line  of  said 
railroad  ;  the  damages  occasioned  by  the  felling  of  said 
trees,  unless  otherwise  settled,  to  be  assessed  and  paid  in 
the  manner  hereinafter  provided  for  assessing  and  ])aying 
damages  lor  land  taken  for  the  use  of  said  railroad  com- 
pany ;  and,  also,  to  make,  build,  erect  and  set  up,  in  and 
upon  the  the  route  of  said  railroad,  or  upon  the  land  ad- 
joining, or  near  the  same,  all  such  works,  ways,  roads  and 
conveyances  as  may  be  requisite  and  convenient  for  the 
purposes  of  said  railroad  ;  and,  also,  from  time  to  time,  to 
alter,  repair,  amend,  widen  or  enlarge  the  same,  or  any  of 
the  conveniences  above-  mentioned,  as  well  for  the  carry- 
ing and  conveying  goods,  commodities,  timber  or  other 
things,  to  and  upon  the  said  railroad,  as  for  carrying  all 
manner  of  materials  necessary  for  the  making,  erecting, 
furnishing,  altering,  repairing,  amending  or  enlarging  the 
works  of  or  connected  with  said  railroad,  and  contract- 
and  agree  with  the  owner  or  owners  thereof  for  earth, 
timber,  gravel,  stone,  or  other  material,  or  any  article 
whatsoever  which  may  be  wanted  in  the  construction  or 
repairing  of  said  railroad,  or"any  of  its  appurtenances;  they, 
the  said  company,  doing  as  little  damage  as  possible  in  the^^^^^ggg^ 
execution  of  the  said  powers  hereby  granted,  and  making 
satisfaction  in  the  manner  hereinafter  mentioned,  for  all 
damages  to  be  sustained  by  the  owner  or  occupiers  of  said 
lands. 

§  4.  The  said  company  shall  have  power  and  authority  Real  estate,  &e. 
to  receive,  take,  and  hold  all  such  voluntary  grants  and 
donations  of  lands  and  real  estate  for  the  purposes  of  said 
railroad  as  may  or  shall  be  made  to  said  company,  to  aid 
in  the  construction  and  maintenance  and  accommodation 
of  said  railroad,  and  said  company  may  contract  and  agree 
with  the  owners  or  occupiers  of  any  lands  which  said  com- 
pany may  wish  to  use  or  occupy  for  the  purpose  of  pro- 
curing s  ui  -,  stone,  and  gravel,  or  earth  or  other  material 


1853.  76 

to  be  used  in  embankments,  or  otherwise,  in  or  about  the 
construction,  repair  or  enjoyment  of  said  railroad,  or  which 
said  company  may  wish  to  use  or  occupy  in  any  manner,  or 
for  any  purpose  or  purposes  connected  with  said  railroad, 
for  which  said  company  is  empowered  or  authorized  by 
this  act  to  take,  have,  or  appropriate  any  lands,  and  to 
receive  and  take  grants  and  conveyances  of  any  and 
all  interests  and  estates  therein  to  them  and  their  succes- 
sors or  assigns,  in  fee  or  otherwise  ;  and  [in]  case  said 
company  cannot  agree  with  such  owner  or  occupiers  of 
such  lands  as  aforesaid,  so  as  to  procure  the  same  by 
the  voluntary  deed  or  act  of  such  owners  or  occupiers 
thereof,  or  if  the  owners  or  occupiers  thereof,  or  either 
°a^fL*°howO^  ^"y  of  them,  be  a  >m/7ic  covert,  infant,  ;?o;i  compos 
:.scertainc.i.  tmntis,  uuknowu,  or  out  of  the  county  which  the  land  or 
any  property  wanted  may  be,  or  be  situate,  tlie  same  may 
be  taken  and  paid  for,  if  any  damages  are  awarded,  in  the 
manner  provided  for  in  an  act  to  provide  for  a  general  sys- 
tem of  railroad  incorporations,  approved  Noveniber  5,  1849, 
and  the  final  decision  or  award  shall  vest  in  the  corpora- 
tion hereby  created  all  the  rights,  privileges,  franchises 
and  immunities  in  said  act  contemplated:  l^nd  provided, 
that  any  appeal  thatmay  be  allowed  under  the  provisions  of 
the  act  above  recited,  or  by  virtue  of  any  general  law  of 
this  state,  shall  not  aifect  the  possession  "by  said  com- 
pany of  the  lands  appraised,  and  when  the  appeal  may 
be  taken,  or  writ  of  error  prosecuted  by  any  person  or 
persons  other  than  the  said  company,  the  "  same  shall 
not  be  allowed  except  on  the  stipulation  of  the  party 
so  appealing  or  pro.^ecuting  such  v/rit  of  error  that  the 
said  company  may  enter  upon  and  use  the  lands  des- 
cribed in  the  petition,  for  the  uses  and  purposes  therein 
set  forth,  upon  said  company  giving  bond  and  security,  to 
be  approved  by  the  clerk  of  said  court,  that  they  will 
pay  to  the  party  so  appealing  or  prosecuting  such  writ  of 
error  all  costs  and  damages  that  may  be  awarded  against 
them  on  the  final  hearing  of  such  appeal  or  writ  of  error, 
within  thirty  days  after  the  rendition  thereof,  or  forfeit  all 
all  right  to  use  the  land  or  way  so  condemned. 
o«.puai stock.  §   5.     The  capital  stock  of  said   company  shall  be   one 

million  of  dollars,  which  maybe  increased  from  time  to 
time  by  a  vote  of  a  majority  in  interest  of  stockholders, 
at  their  annual  meeting,  or  at  any  special  meeting  that  may 
be  called  for  that  purpose  by  the  directors  of  said  compa- 
ny, to  any  sum  not  exceeding  the  entire  amount  expended 
on  account  of  said  road,  which  stock  shall  be  divided 
in  shares  of  one  hundred  dollars  each,  tvhich  shall  be  deem- 
ed personal  properly,  and  may  be  issued,  certified,  trans- 
ferred and  registered  in  such  maimer  and  at  such  places  as 
may  be  ordered  and  provided  by  the  board  of  directors, 


77  1853. 

who  shall  have  power  to  require  the  payment  of  stock  sub- 
scribed in  the  manner  and  at  the  time  and  in  such  sums  as 
they  may  direct,  and  on  the  refusal  or  neglect  on  the  part 
of  a-^y  stockholder,  or  any  of  them,  to  make  payment  on  the 
requisition  of  the  board  of  dirrctors,  the  shares  of  such  de- 
linquents may,  after  thirty  daj  s'  public  notice,  be  sold  atNuVa:*,-. 
public  auction,  undersuch  rules  as  the  directors  may  ado])t; 
the  surplus  money,  if  any  remain  after  deducting  the  pay- 
ment due,  \yith  interest  and  the  necessary  cost  of  sale,  to 
[bej  paid  to  the  delinquent  stockholder.  The  board  of  di- 
rectors hereinafter  named  shall  cause  books  to  be  opened 
for  subscription  to  the  capital  stock  of  said  company  at 
such  times  and  places  and  in  such  manner  as  they  shall  di- 
rect :  Provided,  that  as  soon  as  one  hundred  thousand  dol-  Proviso. 
lars  oi  bona  fide  subscription  shall  be  made  to  said  capital, 
and  live  per  cent,  thereon  paid,  it  shall  be  lawful  for  said 
company  to  elect  a  board  of  directors,  not  less  than  five  Board  of  directorj; 
nor  more  than  nine  in  number,  who  shall  hold  their  offices 
for  one  year,  and  until  their  successors  shall  be  elected  and 
enter  upon  the  duties  of  their  office.  The  first  election  of 
directors  shall  be  held  in  the  said  city  of  Warsaw,  thirty 
days'  notice  tiicreof  first  being  given  by  said  commission- 
ers in  some  newspaper  published  in  said  city,  and  subse- 
quent elections  shall  be  held  in  such  manner  as  the  direc- 
tors shall  by  by-laws  direct. 

§  6.  At  any  election  held  for  directors,  each  share  of^'^'^"'"** 
stock  shall  be  entitled  to  one  vote,  to  be  given  either  in 
person  or  by  proxy,  and  the  persons  receiving  the  largest 
numbe"  of  votes  to  be  declared  duly  elected,  and  to  hold 
their  office  until  the  next  annual  election,  and  until  their 
successors  are  elected  and  qualified.  All  elections  for  di- 
rectors to  be  conducted  by  three  judges,  selected  by  the 
stockholders  present. 

6   7.     After  the  directors  are  elected  they  shall  organ-  Prcskient      :»* 

■■,•..  p.i-  i  -r^     <^Hici'  officers. 

ize  tne  board  by  electing  one  of  their  number  president, 
and  by  appointing  a  secretary  and  treasurer. 

§  8.  Said  company  shall  have  power  to  purchase  Vr'ith 
the  funds  of  the  company,  and  contract  for  and  place  on 
the  railroad  hereby  authorized  to  be  constructed,  all  ma- 
terials, wagons,  carriages  and  vehicles  of  any  description 
which  they  may  deem  necessary  and  proper  for  the  pur- 
poses of  transportation  on  said  railroad,  and  they  shall  have 
power  to  charge  for  tolls  and  transportation  and  rates  of  fare 
such  sums  as  shall  be  lawfully  established  by  the  by-laws  of  cy-iuTr^. 
said  company. 

§   9.     Said  company  shall  have  power  to  make,  ordain 
and  establish  all  such  by-laws,  rules  and  regulations  as  may 
be  deemed  expedient  and  necessary  to  fulfil  the  purposes  I'^'^^i-^"- 
of  this  act,  and  for  the  well  ordering  and  securing  the  af- 
fairs, business  and  interest  of  said   company  ;  Pruvided^ 


1853. 


78 


that  the  same  be  not  repugnant  to  tlie  constitution  and  laws 
of  the  United  States  and  of  this  state. 

§  10.  The  said  board  of  directors  shall  have  power  to 
regulate  the  manner  of  transportation  of  persons  and  prop- 
erty, the  width  of  track,  the  construction  of  wheels,  the 
form  and  size  of  cars,  the  weight  of  loads,  and  all  other 
matters  and  things  respecting  the  use  of  said  road,  and  the 
conveyance  and  transportation  of  persons  and  property 
thereon. 

§  11.  When  it  shall  be  necessary  for  the  construction 
of  said  railroad  to  intersect  or  cross  a  track  of  any  other 
railroad,  or  any  stream  of  water  or  water  course,  or  road 
or  highway,  being  over  the  route  of  said  road,  it  sliall  be 
lawful  for  the  company  to  construct  their  railroad  across 
or  upon  the  same  :  Provided,  that  said  company  shall  re- 
store the  railroad,  stream  of  water,  water  course,  road  or 
highway,  thus  intersected  or  crossed,  to  its  former  state,  or 
in  a  sufficient  manner  not  materially  to  impair  its  usefulness. 

§  12.  The  said  compat'.y  shall  annually  or  semi-ani.ually 
make  sucli  dividend  as  they  may  deem  proper  of  the  net  prof- 
its, receipts  or  income  of  said  company  among  the  stockhold- 
ers therein  ,in  proper  proportion  to  their  respective  shares- 

§  13.  If  any  person  shall  do  or  cause  to  be  done,  or  aid 
in  doing  or  causing  to  be  done,  any  act  or  acts  whatever 
whereby  any  building,  or  construction,  or  work  of  said 
company,  or  any  engine,  machine  or  structure,  or  any  mat- 
ter or  thing  appertaining  to  the  same,  shall  be  stopped,  ob- 
structed, impaired  en-  weakened,  injured  or  destroyed,  the 
person  or  persons  so  offending  shall  be  guilty  of  a  misde- 
meanor, and  may  he  punished  upon  conviction  by  a  fine  in  any 
sum  not  exceeding  one  thousand  dollars,  or  by  imprison- 
ment not  exceeding  five  years,  or  both,  at  the  discretion  of 
the  court,  and  shall  forfeit  and  pay  to  said  corporation  triple 
the  amount  of  damages  sustained  by  reason  of  such  offence 
or  injury,  to  be  recovered  in  the  name  of  said  company, 
with  costs  of  suit,  in  an  action  of  trespass  before  any  justice 
of  the  peace  of  this  state,  or  before  any  court  having  jurisdic- 
tion thereof.  Said  company  shall  have  })ower  to  unite  its 
railroad  with  any  other  railroad  now  constructed,  or  which 
may  be  hereafter  constructed,  either  in  this  state  or  the  state 
of  Indiana,  upon  such  terms  as  maybe  mutually  agreed  upon 
between  the  companies  so  connecting,  and  for  that  ])urpose 
full  power  is  hereby  given  to  said  company  to  make  and  ex- 
ecute contracts  with  any  other  company  as  will  secure  the 
object  of  such  connection  :  Provided,  that  the  Central  Rail- 
road shall  not  run  upon  the  line  or  track  of  the  road  con- 
structed by  the  company  hereby  incorporated,  except  at 
points  of  crossing  or  intersecting  the  same. 
J  §  14.  Said  comnjany  is  hereby  authorized  from  time  to 
time  to  borrow  such  sura  or  sums  of  money  as  may  be  ne- 


79  1853. 

cessary  for  completing  and  furnishing  or  operating  their 
said  railroad,  and  to  issue  and  dispose  of  tlieir  bonds  in  de- 
nominations of  not  less  than  five  hundred  dollars  for  any 
amount  so  borrowed,  and  to  mortgage  their  corporate  prop- 
erty and  franchises,  or  convey  the  same  by  deed  of  trust  to 
secure  the  payment  of  any  debt  contracted  by  said  com- 
pany for  the  purposes  aforesaid  ;  and  the  directors  of  said 
company  may  confer  on  any  bondholder  of  any  bond  issued 
for  money  borrowed  as  aforesaid  the  riglit  to  convert  the 
principal  due  or  owing  thereon  into  stock  of  said  company, 
at  any  time  not  exceeding  ten  years  from  the  date  of  the 
bond,  under  such  regulations  as  the  directors  of  said  com- 
pany may  see  fit  to  adopt. 


15.     The  said  company  hereby  chartered  shall  b 


e  re- 


Tlme  of  conslrno- 


quired  to  construct  and  operate  their  said  road,  throughout  t'""- 
the  entire  line  thereof,  according  to  the  terms  of  the  char- 
ter, within  eight  years  after  tiie  work  shall  be  commenced 
thereon  ;  and  upon  failure  so  to  do  shall  forfeit  all  rights 
and  privileges,  tracks  completed,  aiid  work  done  upon  said 
road  :  Provided,  the  work  shall  be  commenced  on  said 
road  within  two  years  after  the  passage  of  this  act. 

§    16,     This  act  shall  be  deemed  and  taken   as  a  public  public  act. 
act,  and  shall  be  in  force  from  and  after  its  passage. 

§  17.  It  shall  be  lawful  for  the  said  company  to  enter  mion  with  ether 
upon  and  take,  use  and  enjoy,  for  the  use  of  their  said  road,  '""'"^^" 
so  much  of  the  Peoria  and  Warsaw  Railroad  belonging  to  the 
state  of  Illinois,  as  may  be  in  the  line  and  direction  of  their 
said  road,  and  for  that  purj)ose  they  are  hereby  invested 
with  all  tlie  rights  and  privileges  of  the  state  of  Illinois  in,  to 
and  over  so  much  of  said  Peoria  and  Warsaw  Railroad,  and 
all  property,  maps,  profiles,  estimates,  reports,  books  and 
papers  belonging  to  the  same,  and  are  iiereby  authorized 
to  demand  and  receive  from  any  officer  or  person  in  whose 
hands  or  possession  the  same  may  be,  all  such  property, 
maps,  profiles,  estimates,  reports,  books  and  papers  as 
aforesaid  :  Provided,  that  this  section  shall  not  be  con-  proviso. 
strued  to  affect  or  impair  any  unforfeited  right  conferred 
in  said  Peoria  and  Warsaw  Railroad  upon  any  other  com- 
pany heretofore  created. 

Approved  February  10,  1S53. 


AN  ACT  to  incorporate  the  Springfield  and  Carlyle  Railroad  Company,  and  In  force  Feb.  M, 
for  other  purposes.  ^S^^- 

Section  1.     Be  it  enacted  by  the  people  of  the  state  of' 
Illinois,  represented  in  the  General  Assembly,  That  James  <^'«"poraticn. 
Wightman,  James  M.  Rodgers,  Sidney  Breese,  Richard  S. 


1852. 


80 


Bond,  Franklin  D.  Taylor,  Michael  G.  Dale,  James  Brad- 
ford, Jacob  Lansing,  Hiram  Roiintree,  William  D.  Shields, 
John  S.  Hayward,  Thomas  Piiillips,  William  Butler,  J.  C. 
Conkling,  L.  P.  Sanger,  Ninian  W.  Edwards,  John  T. 
Stuart,  Archer  G.  Herndon,  and  such  other  persons  as  may 
operate  with  them  for  that  purpose,  are  hereby  made  and 
constituted  a  body  corporate  and  politic,  by  the  name  and 
style  of  "The  Springfield  and  Carlyle  Railroad  Company," 
with  perpetual  succession,  and  by  that  name  and  style 
shall  be  capable  in  law  of  taking,  purchasing,  holding,' 
leasing,  selling  and  conveying  estate  and  property,  whether 
real,  personal  or  mixed,  so  far  as  the  same  may  be  neces- 
sary for  the  purposes  hereinafter  mentioned,  and  in  their 
corporate  name  may  sue  and  be  sued,  to  have  a  common 
seal,  which  they  may  alter  or  renew  at  pleasure,  and  may 
have  and  exercise  all  powers,  rights,  privileges  and  immu- 
nities which  are  or  may  be  necessary  to  carry  into  effect 
the  purposes  and  objects  of  this  act,  or  the  law  as  herein- 
after set  forth. 

§  2.  The  said  company  shall  have  full  power  and  au- 
thority to  locate,  and  from  time  to  time  alter,  change,  re- 
locate, construct,  reconstruct  and  fully  to  finish,  perfect 
and  maintain  a  railroad,  with  one  or  more  tracks,  com- 
mencing at  some  point  on  the  Ohio  and  Mississippi  Rail- 
road, at  the  town  of  Carlyle,  in  Clinton  county,  and  run- 
ning from  thence  to  the  town  of  Greenville,  in  Bond  coun- 
ty, and  Hillsboro,  in  Montgomery  county,  on  the  most  eli- 
gible route,  to  the  city  of  Springfield,  in  the  county  of  San- 
gamon, and  to  transport,  take  and  carry  property  and  per- 
sons upon  said  railroad,  by  power  or  force  of  steam,  or 
animals,  or  of  any  mechanical  or  other  power,  or  any  com- 
bination of  them,  which  said  company  may  choose  to  ap- 
ply or  use;  and  for  the  purpose  of  constructing  said  rail- 
road or  way  said  company  sliallhave  authority  and  power 
to  lay  out,  designate  and  establish  their  road,  in  widthnot  ex- 
ceeding one  hundred  and  fifty  feet  through  the  centre  [en- 
tire] line  tliereof,  and  may  take  and  appropriate  to  their  own 
use  all  such  lands  so  designated  for  the  line  and  construc- 
tion of  said  road,  upon  first  paying  or  tendering  therefor 
such  amount  of  compensation  or  damage  as  shall  iiave  been 
settled  by  appraisal  in  the  manner  hereinafter  provided, 
on  all  such  lands  as  may  be  taken,  or  upon  any  track  which 
may  be  located  by  said  company;  and  for  the  purpose  of 
cuttings  and  embankments,  and  for  the  purpose  of  obtain- 
ing stone,  sand  and  gravel,  may  take  and  appropriate  as 
much  more  of  land  as  may  be  necessary  for  the  propef 
construction,  maintenance  and  security  of  said  road;  and 
for  constructing  shops,  depots  and  other  suitable,  proper 
and  convenient  fixtures,  in  connection  with  and  appurte- 
nant to  said  railroad,  may  take  and  have,  use  and  occupy 


81  1853. 

any  lands  upon  either  side  of  railroad,  not  exceeding  two 
liundred  feet  in  depth  from  the  interior  line  of  said  rail- 
road, said  company  taking  all  such  lands  as  gifts,  or  pur- 
chasing or  making  satisfaction  for  the  same,  in  the  manner 
hert-inafter  provided  :  Provided,  that  this  section  shall  notp,oviso. 
be  construed  to  restrict  or  prevent  the  construction  of  pub- 
lic roads  or  canals  or  railroads  across  the  road  of  said  com- 
pany wiien  deemed  expedient,  but  so  as  not  materially  to 
impair  or  obstruct  the  same. 

§  3.  The  said  company,  and  under  their  direction,  their  survey,  &e. 
agents,  servants  and  workmen,  are  hereby  authorized  and 
empowered  to  enter  into  and  upon  the  lands  and  grounds  of 
or  belonging  to  the  state,  or  to  any  person  or  persons,  bodies 
politic  or  corporate,  and  survey  and  take  levels  of  the  same, 
or  any  part  thereof,  and  to  set  out  and  ascertain  such  parts 
as  they  shall  think  necessary  and  proper  for  making  said 
railroad,  with, one  or  more  sets  of  tracks  or  rails,  and  for  all 
the  ])urposes  connected  with  said  railroad,  for  which  the 
said  corporation  by  the  last  preceding  section  is  authorized, 
to  have,  take  and  appropriate  any  lands,  and  to  fell  and  cut 
down  all  timber  and  other  trees  standing  or  being  within 
one  hundred  feet  on  each  side  of  said  line  on  said  railroad; 
the  damages  occasioned  by  the  felling  of  such  trees,  unless 
otherwise  settled,  to  be  assessed  and  paid  in  manner  here- 
inafter provided  for  assessing  and  paying  damages  for  land 
taken  for  the  use  of  said  railroad  company;  and  also  to  build, 
make,  erect  and  set  up  in  and  upon  the  route  of  said  railroad, 
or  upon  the  land  adjoining  or  near  the  same,  all  such  works, 
ways,  roads  and  conveniences  as  may  be  requisite  and  con- 
venient for  the  purposes  of  said  railroad;  and  also,  from 
time  to  time,  to  alter,  repair,  amend,  widen  or  enlarge  the 
same,  or  any  of  the  conveniences  above  mentioned,  as  well 
for  the  carrying,  conveying  goods,  commodities,  timber  or 
other  things  to  and  upon  the  said  railroad,  as  for  carrying 
or  conveying  all  manner  of  materials  necessary  for  the  ma- 
king, erecting,  furnishing,  altering,  repairing,  amending  or 
enlarging  the  v.orks  of  or  connected  with  said  railroad; 
and  to  contract  and  agree  with  the  owner  or  owners  there- 
of tor  earth,  timber,  gravel,  stone  or  other  material,  or  any 
articles  whatever,  which  may  be  wanted  in  the  construc- 
tion or  repair  of  said  railroad,  or  any  of  its  appurtenances; 
they,  the  said  company,  doing  as  little  damage  as  possible 
in  tlie  execution  of  the  said  powers  hereby  granted,  and 
making  satisfaction  in  the  manner  liereinafter  mentioned 
for  all  damages  to  be  sustained  by  the  owners  or  occupiers 
of  said  land. 

§   4.     The  said  company  shall  have  power  and  authori- Reausiu*. 
ty  to  receive,  take  and  hold  all  such  voluntary  grants  and 
donations  of  land  and  real  estate,  for  the  purposes  of  said 
railroad  as  may  or  shall  be  made  to  said  company  to  aid  in 


1S53. 


82 


Pani'ige     to 
f.iut;:,  &.C.,  li 
tiotormined. 


the  construction,  maintenance  and  accommodation  of  said 
railroad  ;  and  said  company  may  contract  and  a^it-c  with 
the  owners  or  occupiers  of  any  land  upon  which  said 
company  may  wish  to  construct  said  railroad  or  way,  on 
which  said  company  may  wish  to  use  or  occupy  for  the 
purpose  of  procuring  stone,  sand,  gravel  or  earth  or  other 
materials  to  be  used  in  embankments  or  otherwise,  in  or 
about  tlie  construction,  repair  or  enjoyment  of  said  railroad, 
or  which  said  company  may  wish  to  use  or  occupy  in  any 
manner,  or  for  any  purpose  or  purposes  connected  with  said 
railroad,  for  whicii  said  company  is  empowered  or  au- 
thorized by  this  act  to  take,  have  or  appropriate  any  lands, 
and  to  receive  and  taki;  grants  and  conveyances  of  any  and 
all  interests  and  estates  therein,  and  to  them  and  to  their 
successors  or  assigns,  in  fee  or  otherwise;  and  in  case  said 
company  cannot  agree  with  such  owners  or  occupiers  of 
said  lands  as  aforesaid  so  as  to  procure  the  same  by  the 
Aoluntary  deed  or  act  of  the  owners  or  occupiers  thereof, 
or  if  the  owners  or  occupiers,  or  any  or  either  of  them,  be 
YeviTnes  covert^  infants,  non  compos  mentis,  unknown  or  out 
uwof  the  county  in  which  the  land  wanted  may  lie  or  be  sit- 
uate, tiie  same  may  be  taken  and  paid  ibr,  if  any  damages 
are  awarded,  in  the  manner  provided  for  in  an  act  to  amend 
the  law  condemning  the  right  of  way  for  purposes  of  in- 
ternal improvement,  approved  June  22,  1852  ;  and  the  fi- 
nal decision  or  award  shall  vest  in  the  corporation  hereby 
created  all  the  rights,  privileges,  franchises  and  immuni- 
ties in  said  act  contemplated. 

§  5.  The  capital  stock  of  said  company  shall  be  one 
million  dollars,  which  may  be  increased  from  tjme  to  time 
by  a  vote  of  a  majority  in  interest  of  stockholders  at  their 
annual  meeting,  or  at  any  sjiecial  meeting  that  may  be  call- 
ed for  that  purpose  by  the  directors  of  said  company,  to  any 
sum  not  exceeding  the  entire  amount  to  be  expended  on 
account  of  said  road  ;  which  stock  shall  be  divided  in  shares 
of  fifty  dollars  each,  which  shall  be  deemed  personal  prop- 
erty, and  may  be  issued,  certified,  transferred  and  regis- 
tered in  such  manner  and  at  such  places  as  may  be  order- 
ed and  provided  by  the  board  of  directors,  who  shall  have 
power  to  require  the  payment  of  stock  subscribed  in  the 
'"''manner  and  at  the  timi;  and  in  such  sums  as  they  may  di- 
rect; and  on  the  refusal  or  neglect  on  the  part  of  stock- 
holders, or  any  of  them,  to  make  payment  on  tlie  requisitions 
of  the  board  of  directors,  the  shares  of  such  delinquents  may, 
after  thirty  days'  public  notice,  be  sold  at  public  auction, 
under  such  rules  as  the  directors  may  adopt,  the  surplus 
money,  if  any  remains  after  deducting  the  jinymrr.t  due, 
with  tlie  interest  and  the  necessary  costs  of  sale,  to  be  paid 
open  to  the  delinquent  stockholder.  The  board  of  directors 
hereinafter  named  and  appointed  sliall  cause  books  to  be 


83  1853. 

opened  for  subsci'iptions  to  the  capital  stock  of  said  com- 
pany, at  sucii  titno  and  places,  and  in  such  manner,  as  they 
shall  direct  :  Provided,  that  as  soon  as  two  hundred  thou- proviso. 
sand  dollars  of  subscription  shall  be  made  to  said  capital 
stock,  and  ten  per  cent,  thereon  paid,  it  shall  be  lawful  for 
said  company  to  commence  the  construction  of  said  road. 

§  6.  All  the  corj)orate  powers  of  said  company  shall  be  Directors, 
vested  in  and  exercised  by  a  board  of  directors,  to  consist 
of  not  less  than  seven,  nor  more  than  seventeen  in  number, 
and  such  other  officers,  agents  and  servants  as  they  shall 
appoint.  The  first  board  of  directors  shall  consist  of  Hi-Thon:>m.«>.riin.( 
ram  Rountree,  Sidney  Breese,  Ninian  W.  Edwards,  Archer  ^^^^  ""^  ^"^ 
G.  Herndon,  Lorenzo  P.  Sanger,  James  Wightman,  Thom- 
as Philips,  John  T.  Stuart,  Elias  S.  Dennis,  James  Brad- 
ford, William  Paisley,  Wingate  H.  Maddux,  William  Young, 
who  shall  hold  their  offices  until  their  successors  are  elect- 
ed and  qualified.  Vacancies  in  the  board  may  be  filled  b)' 
vote  of  two-thirds  of  the  directors  remaining;  such  appoin- 
tees to  continue  in  office  until  the  next  regular  annual  elec- 
tion of  directors,  and  which  said  aimual  election  shall  be 
held  on  the  fi:st  Monday  of  September  in  each  year,  at  such 
place  as  the  directors  may  direct,  thirty  days'  notice  being 
given  in  two  newspapers  printed  along  the  line  of  said  road, 
or  in  the  papers  published  in  Springfield. 

§  7.  At  any  election  held  for  directors,  each  share  ofEiectioiw. 
stock  shall  be  entitled  to  one  vote,  to  be  given  eitlier  in 
person  or  by  proxy,  and  the  persons  receiving  the  largest 
number  of  votes  to  be  declared  duly  elected,  and  to  hold 
their  office  until  the  next  annual  election,  and  until  their 
successors  are  elected  and  qualified.  All  elections  for  di- 
rectors to  be  conducted  b}'  three  judges,  selected  by  the 
stockholders  present. 

§   8.     The  directors  herein  named  are  required  to  organ- President,      am 
ize  the  board  by  electing  one  of  their  number  president,  and  ^t*^" <>"''=*"■ 
by  appointing  a  secretary  and  treasurer. 

§  9.  Said  company  shall  have  power  to  purchase  with  Power  to  pn- 
the  funds  of  this  company,  and  contract  for  and  place  on  ^^y -"''■'■='■'*» 
the  railroad  hereby  authorized  to  be  constructed,  all  mn- 
chines,  wagons,  carriages  and  vehicles  cf  any  description 
which  they  may  deem  necessary  and  proper  for  the  purpo- 
ses of  transportation  on  said  railroad  ;  and  tiiey  shall  iiave 
power  to  charge  for  tolls  and  transportation  and  rates  of 
fare  such  sums  as  shall  be  lawfully  established  by  the  by- 
laws of  said  company. 

§    10.      Said  coinj)any  shall  have  power  to  make,  ordain  By- aws. 
and  establish  all  such  by-laws,  rules  and  regulations  as  may 
be  deemed  expedient  and  necessary  to  fulfil  the  purposes, 
and  carry  into  effect  the  provisions  of  this  act,  and  for  the 
well  ordering  and  securing  the  affairs,  business  and  inter- 


185:5. 


84 


i'ro»fs<>.  est  of  said  company  :  Provided,  that  the  same  he  not  re- 

pugnant to  tlie  constitution  and  laws  of  the  United  States 
or  of  tliis  state. 

TrAiiKi.-r^uion,         §    H.     The  Said  board  of  directors  sliall  liave  power  to 
^'"  regulate  the  manner  of  transportation  of  persons  and  prop- 

erty, the  width  of  track,  the  construction  of  wheels,  the 
form  and  size  of  cars,  the  weight  of  loads,  and  all  other 
matters  and  things  respecting  the  use  of  said  road,  and  the 
conveyance  and  transportation  of  persons  and  property 
thereon. 

Water     courses      §    12.     Whenever  It  sliall  be  necessary,  for  the  coustruc- 

M'i  h.s;hwa.vs.  ^j^j^  ^|-  g^^j^j  railroad,  to  intersect  or  cross  a  track  of  any 
other  railroad,  or  any  stream  of  water  or  v/ater  course,  or 
roiid  or  highway  lyiug  on  the  route  of  said  road,  it  sliall 
be  lawful  for  the  company  to  construct  their  railroad 
across  or  upon  the  same  :  Provided,  that  the  said  company 
shall  restore  the  railroad,  stream  of  water,  water  course, 
road  or  highway,  thus  intersected  or  crossed,  to  its  former 
state,  or  in  a  sufficient  manner  not  materially  to  impair  its 
usefulness. 

EMWdemts.  ^    13.     Tlie  sald  company  shall  annually,  or  semi-annu- 

ally, make  such  dividend  as  they  may  deem  proper  of  the 
net  profits,  receipts  or  income  of  said  company  among  the 
stockholders  therein,  in  proper  proportion  to  their  respec- 
tive shares. 

pauaitiKi.  9    14.     If  any  person  shall  do,  or  cause  to   be  done,  or 

aid  in  doing  or  causing  to  be  done  any  act  or  acts  whatso- 
ever, whereby  ?  ly  building,  or  construction,  or  work  of 
said  company,  jr  any  engine,  machine,  or  structure,  or  any 
matter  or  thing  appertaining  to  the  savne,  shall  be  stopped, 
obstructed,  impaired,  or  weakened,  impaired  or  destroyed, 
the  person  or  persons  so  offending  shall  be  guilty  of  a  mis- 
demeanor, and  may  be  punished  upon  conviction  by  fine 
in  any  sum  not  exceeding  one  thousand  dollars,  or  by  im- 
prisonment, not  exceeding  five  years,  or  both,  at  the  dis- 
cretion of  the  court,  and  sliall  forfeit  and  pay  to  said  cor- 
poration treble  tlie  amount  of  damages  sustained  by  reason 
of  such  offence  or  injury,  to  be  recovered  in  the  name  of 
said  co;n!)any,  with  costs  of  suit,  in  an  action  of  trespass, 
before  any  justice  of  the  peace  of  this  state,  or  before  any 
court  having  jurisdiction  tlioreof. 

nnioi.  .viu,  ather      §    15.      Saidcompauy  shall  liavc  the  povrer  to  unite  its 

"**'"'  railroad  with  any  other  railroad  now  constructed,  or  which 

may  hereafter  be  constructed  in  this  state,  along  or  on  the 
line  of  the  road  hereby  authorized  to  be  constructed,  upon 
such  terms  as  may  be  mutually  agreed  upon  between  the 
companies  so  connecting ;  and  for  that  purpose  full  power 
is  hereby  given  to  said  company  to  make  and  execute  such 
contracts  with  any  other  company  as  will  secure  the  ob- 
jects of  such  connection. 


85  1853. 

N  — — — — — 

§  16.  The  said  company  are  hereby  authorized  to  bor-  po^^^'t  to  iwrrow 
row  money,  from  time  to  time,  on  the  credit  of  the  compa- 
ny, at  any  rate  of  interest,  not  exceeding  eight  per  cent, 
per  annum  as  may  be  agreed  upon  between  the  parties,  for 
the  sole  purpose  of  constructing  said  road,  and  furnisliing 
the  same  with  cars,  locomotives  and  other  machinery  ne- 
cessary to  carry  on  tlie  operations  of  said  company,  and  may 
issue  its  corporate  borids  therefor  in  denominations  of  not 
less  than  five  hundred  dollars;  and  to  secure  the  payment 
thereof,  with  tiie  interest  that  may  accrue  thereon,  may- 
mortgage  their  corporate  property  or  franchises,  or  convey  iiortgas"-. 
the  same  by  deed  of  trust  for  said  purj)oses  ;  and  they  may, 
by  their  T)resident,  or  other  officers  or  agents,  sell,  dispose 
of  or  negotiate  such  bonds  or  stocks  of  said  company,  at 
such  times  and  places,  either  within  or  without  the  state, 
and  at  such  rates  and  for  such  prices  as,  in  their  opinion, 
will  best  advance  tiie  interests  of  the  said  conspany  ;  and 
if  sucli  bonds  or  stocks  are  tluis  sold  at  a  discount,  such 
sale  siiall  be  as  valid  and  binding  in  every  respect  as  if  sold 
at  par  value  ;  and  the  said  company  may  confer  upon  any 
bondholder  of  any  bond  issued  for  money  borrowed  as  af  re- 
said,  the  right  to  convert  the  principal  due  or  owing  theie- 
on  into  stock  of  said  comj)any,  at  any  time  not  exceeding 
ten  years  from  the  date  of  the  bond,  under  such  regula- 
tions as  the  board  of  directors  of  said  company  may  pre- 
scribe. 

§  17.  The  said  company  liereby  chartered  shall  be  re- Time  for  con- 
quired  to  construct  and  operate  their  said  road,  th.roughout  ^*""''^"'"" 
the  entire  line  thereof,  according  to  the  terms  of  this  char- 
ter, within  five  years  after  the  work  shall  be  commenred 
tliereon,  and  upon  failure  so  to  do,  shall  forfeit  all  rights 
and  privileges,  tracks  completed  and  work  done  upon  said 
road :  Provided,  the  work  shall  be  commenced  on  said 
road  within  two  years  after  the  passage  of  this  act. 

§  18.  All  the  stockholders  of  said  company  shall  be  stockhowers  m- 
severally  individually  liable  to  the  creditors  of  said  compa-  **'^'''"'''"-'"'*'''* 
ny  to  an  amount  equal  to  the  amount  of  stock  held  by  them 
respectively,  for  all  debts  and  contracts  made  by  said 
company,  until  the  whole  amount  of  capital  stock  fixed  and 
limited  by  said  company  or  by  this  act  shall  have  been  paid 
in,  and  shall  be  jointly  and  severally  liable  for  all  debts  that 
may  be  due  and  owing  to  any  and  all  their  laborers,  ser- 
vants and  apprentices  for  services  performed  for  said  com- 
p.iny,  but  shall  not  be  liable  to  an  action  therefor  before  an 
execution  shall  be  returned  unsatisfied,  in  wliole  or  in  part, 
against  said  company,  and  then  the  amount  due  on  said 
execution  shall  be  tlie  amount  recoverable,  with  costs, 
against  said  stucklioldors  :  Provided,  tiiat  none  of  the  pro- 
visions of  this  section  shall  be  applicable  to  the  said  com- 
pany hereby  incorporated  until  the  same  provisions  shall  be 


1853. 


86 


applied  to  the  Central  Railroad  Company  and  brandies, 
and  the  Rock  Island,  La  Salle  and  Chicago  Railroad  Com- 
pany. 
oertincateof  sec-  §  19.  The  Certificate  of  the  Secretary  of  Said  compan}', 
uence.'" '''^  '^^" Under  tlie  corporate  seal  thereof,  shall  be  received  in  all 
courts  of  justice  and  elsewiiere,  as  evidence  of  the  regular 
organization  ot  said  company  under  its  charter,  and  of  any 
actor  order  of  the  board  of  directors  of  said  company. 

§   20.     Tliis  act  shall  be  deemed  and  taken  as  a   public 
act,  and  sliall  be  in  force  from  and  after  its  passage. 

Approved  February  12,  1853. 


inforcn  Feb.  11,  AN  ACT  lo  incoi'porafe  the   Rockfon,  Stale  Line  and  Mississippi  Railroad 
1853.  Company. 

Sf.ction  1.  Be  it  enacted  hy  the  jjcople  of  the  state 
of  Illinois,  represented  in  the  General  Jissemhh},  'i'hat  all 

oonwration.  such  persous  as  shall  become  stockholders  agreeably  to 
the  provisions  of  this  act  in  this  corporation  hereby  created, 
shall  be,  and  for  the  term  of  sixty  years  from  and  after 
the   passage   of  this   act  shall   continue  to  be,  a  body  cor- 

.v.y!-,  &c,  porate  and  politic,  by  the  name  and  style  of  "The  Rockton, 

State  Line  and  Mississippi  Railroad  Company,"  and  by  that 
nan-.e  shall   have    succession  for  the    terra  of  years  above 

flenorai powsrs.  specified,  may  sue  and  be  sued,  complain  and  defend  in 
any  court  of  law  or  equity,  may  make  and  use  a  common 
seal,  and  alter  the  same  at  pleasure  ;  may  make  by-laws, 
rules  and  regulations  for  the  management  of  its  property, 
tlie  regulation  of  its  affairs,  and  for  the  transfer  of  its  stock 
not  inconsistent  with  ihe  existing  laws  aiul  con>titution  of 
this  state  or  of  the  United  States,  and  may  appoint  such 
subordinate  agents,  officers  and  servants  as  the  business  of 
the  said  comj)any  may  require,  prescribe  their  duties  and 
require  bond  for  the  faithful  performance  thereof 

exnmi.sioners.  §  2.  That  William  Randal!,  Wait  Talcott,  John  B, 
Peterson,  Darius  Adams,  Thomas  B.  Talcott,  Solomon 
Webster,  William  R.  Weld,  F.  W.  Merrill  and  Thomas 
Grouts,  be  and   are  hereby   aj)pointed  commissioners  foi* 

lYociireaubscrip- the  purpose  of  procuring  Subscriptions  to  the  capital  stock 
of  said  company,  whose  duty  it  shall  be  to  open  books  for 
subscription  to  the   capital  stock  of  said  comptny,  giving 

wattce.  notice  of  the  time   and    place   when  and  where  said  books 

will  be  opened,  at  least  twenty  days  previous  thereto,  by 
publication  in  some  newspaper  published  in  the  county  of 
Winnebago.  The  said  commissioners,  or  a  majority  of  themy 
shall  attend  at  the  place  appointed  for  the  opening  said  books 
and   shall   continue   to  receive   subscriptions,  either  per- 


87 


1853. 


sonally,  or  by  such   agents  as   they  shall  appoin    for    i.at 
purpose,  until    the    sum    of  twenty   thousand  dollars  shall 
have   been  subscribed,  and   as  soon  as  said  sum  of  twenty 
thousand  dollars  is  subscribed,  the  said  commissioners  shall 
give   tw.ulvd.vs'   nolle.    l>y  pnblic.tl.n   1:1   a   ne^vspai,or 
published   in  Whmebago   county,  of  an  election   by  said 
stockholders   of  a  board  of  directors  as  hereinafter  provi-  r,  .....u.octo. 
ded    for    the    management  of  said   company,  at  such  time 
and 'place  appointed  for  that  purpose.     The  commissioners 
or  a  maiority  of  them,  shall  attend  and  act  as  inspectors  o 
said  eh^ction,  and   tlie   stockholders  present  shall  proceea 
io  elect  nine  directors    by  ballot,    and  the   commissioners 
present  shall  certify  the  result  of  such  election  under  then- 
hands,  which  certi'ticate   shall  be  recorded  in  tlie  record 
book  of  said  company,  and  shall  be  sufficient  evidence  0 
the  election  of  the  directors  therein  named.     The  directors 
thus  elected. shall  liold  their  offices  for  one  year,  and  until 
their  successors  are  elected  and  qualifu'd. 

5  3.  The  capital  stock  of  said  company  soah  be  three  opun:  ,.,.,■.. 
hundred  thousand  dollars,  which  shall  be  divided  into  shares 
of  hftv  dollars  each,  and  may  be  increased  by  the  directors 
of  said  company  to  any  sum  not  exceeding  twen.y  thou- 
sand dollars  per  mile,  if  necessary  to  complete  the  works 
herein  authorized,  and  the  same  shall  be  subscribed  foi  and 
taken  under  the  direction  of  the  board  of  directors  of  said 
company,insuchtime,phiceandmanneras  the  said  directors 

shall  from  lime  to  time  direct.     The  shares  m  said  company 
shall  be  deemed  and  considered  as  personal  property. 

cS   4.     The  aflfairs  of  said  company  shall  be  managed  by  Divec...... 

aboard-  of  nine   directors,  to   be    chosen  annuady  by  the 
stockholders  from  among  themselves.     At  all  elections  foi  -..,... 
directors    each   stockiioider   shall   be   entitled  to  one  vo  e 
for  each  share  held  by  him,  and  may  vole  either  personally 
or  by  proxy,  and  a  plurality  of  votes  given  at  any  election 
shall  determine  the   choice,  and   no  stockholder   shall  be 
allowed  to  vote  at  any  election  after  the  first/or  any  stock 
which  shall  have   been  assigned  to  him  within  thirty  dajb 
^reWous  to  such  election.    "The  directors  shall  hold  t  e........ 

office  for  one  year  after  elected  ^"^V?^'^'  1 '  l^'lf  pW 
their  successors  are  elected  and  qualified,  and  snail  elect 
one  of  their  number  president  of  said  board,  and  in  case 
any  vacancy  occurring  in  said  board  of  directors,  between 
elections,  the  same  may  be  filled  by  the  board  at  any  lega 
meetincT  of  the  directors,  and  the  person  so  elected  to  hJ 
Te  vacancv  shall  hold  his  office  until  the  next  annua 
meetina  of 'the  stockholders.  In  case  of  the  absence  ot 
"e  president  the  board  of  directors  shall  '«--.  f-- .^ 
dec  a  presi  ient  pro  tempore,  who  shall  exercise  for  the 
tim.  be  ng  all  the'  legal  powers  of  the  president  of  said 
companv.     The  said  board  of  directors  may  be  diminished 


President 


1853.  88 

to  anj'  number  not  less  than  seven,  and  increased  to  any 
number  not  exceeding  thirteen,  by  a  vote  of  a  majority  of 
the  stockholders  })resent,  at  any  annual  meeting. 

i'ay!u<;iitofstuci,-.  ^  5.  It  sliall  bc  lawful  for  the  directors  to  make  calls 
upon  the  sums  subscribed  to  the  caf)ital  stock  of  said  com- 
pany, at  such  time  or  times  and  in  such  amount  as  thej' 
shall  deem  fit,  giving  at  least  thirty  da3s'  notice  of  each  of 
said  calls  in  at  least  two  newspapers  published  in  this 
state;  and  in  case  of  failure  on  the  "part  of  any  stockholder 
to  malce  payment  of  any  call  made  by  said  directors  for 
sixty  days  after  the  same  shall  be  due,  the  board  of  direc- 
tors are  hereby  autliorizcd  to  declare  said  slock  so  in  ar- 
rears, and  all  sums  paid  thereon,  forfeited  to  said  company. 

r„.v  r  u.  ijc  te,  ^  6.  Said  company  are  hereby  authorizid  and  empow- 
ered to  locate,  construct  and  complete,  and  maintain  and 
operate  a  railroad,  with  a  single  or  double  track,  and  with 
such  appendages  as  may  be  deemed  necessary  by  the  di- 
rectors, for  the  convenient  use  of  the  same,  from  the  vil- 
lage of  Rockton,  in  Winnebago  county,  to  the  Mississippi 
river,  at  any  point  in  this  state  not  south  of  a  line  running 
due  east   and  west  from  Savanna,   at  which  point,   or  at 

ro^vniuomnect.  any  place  east  of  said  river,  may  connect  with  any  other 
railroad  now  built  or  hereafter  to  be  built  in  this  state,  and 
shall  have  jiower  to  run  a  branch  to  the  state  line  in  Win- 
nebago or  Stephenson  counties,  and  also,  to  run  to  and 
connect  with  any  railroad  east  of  Rockton  running  to  the 
cit}'  of  Chicago,  and  to  make  such  arrangements  with  such 
railroad  comj)anies  as  the  interest  of  said  company  may 
require,  and  to  survey  and  determine  the  line  of  said  road 
upon  such  route  as  the  said  company  shall  deem  most 
eligible;  and  the  said   company  are  further  authorized  and 

TvMMsroviatioii,  shall  have  power  and  authority  to  regulate  the  time  and 
!v:i', &c.  manner  in  which  goods,  effects  and  persons  shall  be  trans- 

ported on  tiic  same,  and  to  prescribe  the  manner  in  which 
said  railroad  sliall  be  used,  and  the  rate  of  toll  for  the 
transportation  of  persons  and  ])roperty  thereon,  and  for 
the  storage  of  merchandise  and  the  proj)erty  under  their 
charge,  and  shall  have  power  to  provide  all  necessary  stock 
and  material  for  the  operation  of  said  road,  and  shall  have 
power  to  erect  and  maintain  all  necessary  depots,  stations, 
shops,  and  other  buildings  and  machinery  for  the  accom- 
modation, management  and  operation  of  said  railroad. 

8urvey3,&c.  ^   7.     That  Said  Company  are  hereby  authorized,  by  their 

engineers  aud  agents,  to  enter  uj)on  any  lands  for  the  j)ur- 
pose  of  making  the  necessary  surveys  and  examinations  of 
said  road,  and  to  enter  upon  and  take  and  liold  all  lands 
necessary  for  the  C(Uistruction  of  the  said  railroad  and 
brant  hos  and  i's  appendages,  first  making  just  and  reason- 
ablt^  compensation  to  the  owners  of  said  lands  for  any 
DMURges.  damages  that  may  arise  to  them  from  the  building  of  said 


89  1853. 

railroad;  and  in  case  the  said  company  sltall  not  be  able  to 
obtain  tlie  title  to  the  lands  through  which  the  said  road 
shall  be  laid,  by  ])iirchase  or  voluntary  cession,  tiie  said 
comj)any  are  hereby  authorized  to  proceed  toasceitain  the 
damnges  sustained  by  such  owner  or  owners,  and  dtter- 
niine  the  same  in  the  manner  and  upon  tlie  principles  j>ro- 
vided  by  the  92d  chapter  of  the  Revised  Statutes  of  this 
state,  entitled  "right  of  way"  :  Provided,  that  alter  the  inpht  or  way. 
appraisal  of  damages  as  provided  in  said  statute,  and  upon 
deposite  of  the  amount  of  such  appraisal  with  the  clerk  of 
the  circuit  court  of  the  county  wherein  such  lands  n);iy  be 
situated,  (he  said  company  are  lureby  authorized  to  enter 
upon  such  lands  for  the  construction  of  said  road. 

§  8.  The  said  company  are  authorized  and  empowered  Powsr  to  borrow 
to  borrow  from  time  to  time  such  sums  of  money,  not  ex- 
ceeding the  capital  stock  of  said  company,  as  in  their 
opinion  may  be  deemed  necessary  to  aid  tlie  construction 
of  said  road,  and  to  pay  any  rate  of  inteiest  therefor  not 
exceeding  ten  per  cent.,  and  to  pledge  and  mortgage  the 
said  road  and  its  ajipendages,  or  any  part  thereof,  or  any 
other  property  or  effects,  rights,  credits,  or  franchises,  of 
said  company,  as  security  for  any  loan  of  money  and  in- 
terest thereon,  and  to  dispose  of  the  bonds  issued  for  such 
loans  at  such  rate  or  on  such  terms  as  the  board  of  directors 
may  determine. 

1^  9.  Said  compiny  may  construct  their  said  road  or-\vat<?r  conrpe* 
branches  over  or  across  any  stream  of  water,  water  courf<e,  ^°'*  streams, 
road,  highway,  railroad  or  canal  which  the  route  of  its 
road  shall  intersect,  but  the  company  shall  restore  the 
stream  or  water  course,  course,  road  or  highway  thus  in- 
tersected, to  its  former  state,  or  in  a  sufficient  manner  not 
to  have  impaired  its  usefulness.  Whenever  the  track  of 
said  railroad  shall  cross  a  road,  highway,  jailroad  or  canal, 
such  railroad  or  highway  may  be  carried  under  or  over  said 
track,  as  may  be  found  most  expedient;  and  in  case  where 
an  embankment  or  cutting  shall  make  a  change  in  the  line 
of  road  or  highway  desirable,  with  a  view  to  a  more 
easy  ascent  or  descent,  the  said  company  may  take  such 
lulditional  lands  for  the  construction  of  such  road  or  liigh- 
way  as  may  be  deemed  requisite  by  said  com{)any,  unless 
tlie  lands  so  taken  or  purcliased,  or  voluntarily  given  for 
the  puri)oses  aforesaid,  compensation  therefor  shall  be  as- 
certained in  the  manner  in  this  act  provided,  as  nearly  as 
may  be,  and  duly  made  by  said  company  to  the  owneisand 
persons  interested  in  such  land's;  the  same  when  so  taken 
or  compensation  made,  to  become  a  part  ot  such  intersect- 
ing road  or  highway,  in  such  manner  and  by  such  tenure 
as'the  adjacent  part's  of  the  same  highway  may  be  held  for 
highway  purposes. 


1853. 


90 


§  10.  Any  person  who  sliall  wilfully  injure  or  obstruct 
the  said  road,  or  any  of  the  appendages  tliereto,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  shall  forfeit  to  the 
use  of  the  company  a  sum  three-fold  the  amount  of  the 
damages  occasioned  by  sucii  injury  or  obstruction,  to  be 
recovered  in  an  action  of  debt  in  the  name  of  said  com- 
pany, with  costs  of  suit,  before  any  justice  of  the  peace,  or 
before  any  court  of  record  in  this  state. 

§  11.  The  said  company  shall  be  allowed  five  years 
from  the  passage  of  this  act  for  the  commencement  of  the 
construction  of  said  railroad,  and  in  case  the  same  shall 
not  be  completed  in  ten  years  thereafter,  th.e  privileges 
herein  granted  shall  be  forfeited. 

§  12.  This  act  shall  be  deemed  and  taken  as  a  public 
act,  and  shall  be  construed  beneficially  for  all  purposes 
herein  specified  or  intended,  and  shall  take  effect  from  and 
after  its  passage. 

Approved  Feb.  11,  1853. 


lu  force  Feb.  5,  AN  ACT  to  amend  iva  act  entitled  'an  act  to  incorporate  the  Cliicacfo  and 
1853.  Milwaukie  Railroad  Company,'  approved  February  17,  1S51. 


Srtrporate 
clianged. 


Section   1.     Be   zi  enacted  1)7/ the  people  of  the  state  of 

"!<?  Illinois^  represented  in  the  General  Jlssembly^  That  the 
corporate  name  and  style  of  the  company  created  by  said 
act  is  hereby  changed  to  "Chicago  and  Milwaukie  Railroad 
Company." 

,,Q.  §  2.  Said  company  is  hereby  authorized  and  empow- 
ered to  construct  its  railroad  from  the  city  of  Chicago, 
contiguous  to  and  not  more  than  ten  miles  from  the  shore 
of  Lake  Michigan,  by  the  way  of  Waukegan,  to  the  north 
line  of  this  state,  and  to  terminate  said  road  at  such  points 
on  the   north  line  of  the   state,  within  said  limits   as   the 

her  board  of  directors  may  see  proper,  and  to  unite  with  any 
otlier  railroad  in  the  state  of  Wisconsin,  within  said  liniits, 
and  to  make  all  such  arrangements,  contracts  and  agree- 
ments as  the  board  of  directors  may  deem  necessary  with 
any  railroad  company  with  whom  they  may  so  unite  for 
the  transportation  of  freight  and  passengers,  and  the  trans- 
action of  business  generally  between  them,  and  for  the 
use,  or  sole  or  joint  ownership  of  either  of  said  roads  by  i 
the  other  company. 

eu-  §  3.  Said  company  is  hereby  authorized  to  extend  its 
said  road  northwardly  from  its  termination  on  said  state 
line  to  the  city  of  Milwaukee  in  the  state  of  Wisconsin,  or 
to  purchase  and  own  any  railroad  with  which  it  may  so 
connect,  at  said  state  line,  to  said  city  of  Milwaukee. 


91  1853. 

§   4.     By  and  with  the   consent    of  the  stockholders  ofp.^wer  to  red u^' 
said  company,   the    capital    stock  thei-eof  may  be  reduced  '^^"i"'^''' ^^o^"*- 
bj'  the  board   of  directors  of  said    company  to  tiie  sum  of 
five  hundred   thousand   dollars,   with  tlie  right  to  increase 
said  capital  at  any  time,  in  the  discretion  of  said  board,  to 
tlie  sum  of  two  millions  live  hundred  thousand  dollars. 

§   5.      So  much    of  the   act  to  which  this  is  amendatory  \c.t,.epeatr<i. 
as  conflicts   witli   the   provisions  of  this   act  is  hereby  re- 
pealed, and  the  remaining  portions  of  said  act  shall  remain 
in  full  force.      This  act  to  take  eifect  and  be  in  force  from 
and  after  its  passage. 

Approved  Februar}  5,  1853. 


AN  ACT  to  amend  an  act  entitled '-'An  actio  incorporate  the  St.  Clair  Rail- inforce  Ftb.  ll, 
road  Company."  1853. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
lllinuis,  represented  in  the  General  ./Assembly,  That  the  Corporate  namo 
corporate  name  of  the  St.  Clair  Railroad  Company  is  '='^'-"^"'- 
hereby  changed  to  "The  St.  Clair  Railroad  and  Coal  Com- 
pany," by  which  name  and  style  it  shall  succeed  to  and  have 
and  exercise  ail  tlie  rights,  franchist- s,  powers  and  immu- 
nities   heretofore  enjoyed  by  the   St.  Clair  Railroad  Com- 

§  2.  The  said  corporation  may  have  and  exercise  all  power  to  issue 
such  powers,  not  heretofore  granted,  as  are  necessary  to  ''°"'''''  '■ 
carry  out  its  general  objects,  and  may  for  that  purj)Ose  is- 
sue bonds  in  sums  not  less  than  five  iiundred  dollars  each, 
at  rates  of  interest  not  exceeding  ten  per  cent,  per  an- 
num, payable  at  a  future  time,  not  more  than  twenty-five 
years,  and  dispose  of  ai.d  negotiate  the  same  in  such  man- 
ner and  at  such  times  and  places  as  the  board  of  directors 
of  said  company  may  appoint  :  Provided,  said  bonds 
may  be,  if  said  board  shall  deem  expedient  and  necessary, 
secured  by  mortgages,  deeds  of  trust,  or  otherwise,  upon 
pledge  of  the  property,  real  and  personal,  of  said  compa- 
ny; said  bonds  to  be  issued  only  in  pursuance  of  an  order 
of  the  board  of  directors,  and  to  be  signed  and  scaled  by 
their  president,  and  attested  by  their  secretary,  and  a  re- 
cord kept  by  them  in  the  books  of  said  company.  This  act 
to  take  effect  from  and  after  its  pa'^sage. 

Approved  February  11,  1853. 


1853.  92 

In  foieaFeb.  11,  AN  ACT  supplemental  to  an  -'Act  to  incorporate  the  Ohio  and  Mi.-sissipn; 
1653.  Railroad  Company." 

Section  1.  Be  it  enacted  hy  the  people  of  the  stale  of 
Power  to  elect  Illinois,  represenU'd  in  the  General  ^''Isfiembly,  That  it  sliall 
vjc,.  presi  .n  ^^  lawful  foF  the  Ohio  and  Mississippi  Railroad  Company 
to  elect  a  vice  president  from  the  persons  composlr.g  the 
board  of  directors,  who  shall,  in  the  absence  or  disability 
of  the  president,  have  the  same  powers  and  perform  the 
duaes  appertaining  to  the  office  of  president,  and  such  other 
duties  as  the  said  company  may  prescribe  by  the  by-laws 
or  resolutions  of  its  board  of  directors. 

§  2.  This  act  to  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  February  11,  1853. 


force  V"h.  12,  AN  AC  f  supplemental  to  an  act  entitled  ''An  act  to  incorporate  the  Ohio 
1S53.  Kiver  and  Wabash  Railroad  Company." 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Assembly,  That  Thom- 
'iraiorf  ^''"'"  ^is  Bonnuiii  and  John  Campbell,  of  Wayne  county,  and  John 
A.  Wilson  and  Samuel  S,  Marshall,  of  Hamilton  county,  be 
and  they  are  hereby  declared  and  created  additional  cor- 
porators with  those  named  in  the  first  section  of  the  act  to 
whicli  this  is  a  supplement,  and  that  they  have  all  the  pow- 
ers and  privileges  of  corporators  as  fully  and  completely 
as  if  they  had  been  named  as  such  in  said  original  act. 

§  2.  This  act  shall  be  in  force  from  and  after  its  pas- 
sage. 

Appro VKD  February  12,  1853. 


In  fore-  I'oK  12,  AN  ACT  to  amend  an  act  entitled  -'An  act  to  incorporate  the  Galena  and 
1^53.  '  Chicae;o  Union  Railroad  Company,"  approved  January  16^  18ot). 

Section  1.     Be  it  enacted  by  the  people  of  the  state  of 

Illinois,  rep7'esentcd  1)1  the  General  Assembly,  Tliat  the  Ga- 

Authori/.ca     tojnj^a  and  Chicago  Union  Railroad   Company   be  and   they 

straighten  route,  '  ,  ,  ..,        •        i  x       4.       •    i  4.        *i       1  •  ..        i-        -j 

Jtc,  are  hereby  authorized  tostraigliten  tlielme  or  route  ol  said 

railroad  wherever  and  whenever  said  company  may  deem 
it  expedient,  and  for  that  purpose  may  obtain,  by  ])urchase 
or  condemnation,  the  right  of  way,  in  the  manner  provided 
in  said  act  incorporating  said  company,  and  may  lay  down 


93  1853. 

and  maintain  one  or  more  additional  tracks  on  said  road, 
wiienever  they  shall  deem  the  ]niblic  interest  requires  it. 
Said  company  shall  have  the  right   to  obtain,  by  purchase  RtgM to oondemn 
or  condemnation,  in  the  manner  provided  in  their  said  act  '""'J'^'*'"- 
of  incorporation,   additional  depot  grounds    for  the  use   of 
said  company,  whenever  they  shall  deem  it  necessary. 
Approved  Ftbruar}-  11,  1853. 


AN  ACT  to  facilitate  the  construction  of  the  Northern  Cross  Railroad  and  in  force  i-'cb.  lo, 
its  Northern  Branch.  iS'3. 

Section  1.  Be  it  enacted  h}j  the  people  of  the  state  of 
Illinuis,  represented  in  the  General  ^Isscmbty^  That  the 
Norti^.ern  Cross  Radroad  Company  shall  have  power  and^^^^^j''^  ^''  '^■•* 
authority  to  issue  bonds  or  other  evidences  of  debt  for 
the  purposes  of  raising  money  for  the  construction  and 
equipment  of  the  road  of  said  company,  and  bearing  such 
rate  of  interest,  not  exceeding  ten  per  cent.,  as  the  com- 
pany may  deem  advisable,  and  such  evidences  of  debt  may 
be  sold  or  otherwise  disposed  of,  either  within  or  without 
this  state,  in  raising  money  or  procuring  labor  and  mate- 
rials in  the  prosecution  of  said  work,  upon  such  terms  and 
rates  as  may  be  agreed  upon  by  the  parties,  and  if  such 
sale  or  other  disposition  of  such  bonds  or  evidences  of 
debt  shall  be  at  a  discount,  the  same  shall  remain  as  valid 
and  binding,  in  every  respect,  as  if  sold  at  par  value. 

§   2.     It  shall   be  lawful  for   the    Chicago    and  Aurora  •^^^j^i^pan^j^^s^  ^a«- 
Railroad  Company   and  the   Central  Military  Tract  Rail-  sciibestock. 
road   Company   to  subscribe    and  hold  stock  in  the   said 
Northern  Cross  Railroad   Company,  to  an  amount  not  ex- 
ceeding  ten  per  cent,  of  the  capital  stock  of  each  of  the 
said  companies  so  subscribing. 

§   3.     This  act  to  (alee  effect  ard  be   in  force  from  and 
after  its  passage. 

Approved  February  10,  185S. 


AN  ACT  to  incorporate  the  Decatur  and  Danville  Railroad  Company.       In  force  Foi .  12 

1853. 

Section  1.     Be  it  enacted  by  the  people  ((f  the  state  of 
Illinois,  represented  in  the  General  Jissernhly,  That  Sam-corporation. 
uel  Rea,  Jacob  Stangler,  Wm.    Rea,  Wm.  S.  Cressey,  An- 
derson Froman,  Wm.  Martin,  R.  G.  Oglesby,  Joseph  King, 
H.  C.   Johns,  James  McReynolds,  C.  R.  Ward,  Wm.  H- 


1853.  94 


Pratt,  J.  C.  Johnson,  Franklin  Harris,  W.  D.  Summers, 
W.  N.  Coler,  Asa  Gere,  J.  W.  Jaqueth,  Wm.  Fithian, 
Enoch  Kingsbury,  Amos  Williams,  Samuel  Craig  and  Mil- 
ton Davis,  their  associates,  successors  and  assigns,  be  and 
they  are  hereby  constituted  a  body  corporate  and  politic, 

rtyio,  &o.  under  the  name  and  style  ol"  "The  Decatur  and  Danville 

Railroad  Company,"  for  the   purpose   of  surveying,  loca- 

Objccts.  ting,  constructing,  completing,   operating  and  maintaining 

a  railroad  from  tlie  town  of  Decatur-,  in  Macon  cormty, 
Illinois,  thence  upon  the  most  eligible  and  direct  route, 
through  the  town  of  Monticello,  in  Piatt  county,  and  the 
town  of  Urbana,  in  Champaign  county,  to  the  town  of 
Danville,  Vermilion  county,  and  thence  to  the  state  line 
of  Indiana,  in  the  direction  of  Lafayette  or  Covington,  in 
the  state  of  Indiana,  whenever  the  said  persons,  or  their 
assigns,  shall  organize  in  full  compliance  with  the  provisions 
of  the  act  entitled  "An  act  to  provide  for  a  general  system 
of  railroad  incorporations,"  approved  November  5,  1849. 

org!i!ii/.:i(!  n.  §   2.     Whenever  the  said  comj)any  shall  have  organized 

as  herein  provided,  it  is  hereby  declared  that  the  object  is 
of  sufficient  importance  and  public  use  to  justify  the  taking 
of  private  property  for  constructing  and  maintaining  said 
road  under  the  provisions  of  said  act. 

§   3.     This  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  Feb.  12,  1853. 


To  force  Peb.  ic,  AN  ACT  lo  incorporate  tl'.e  Pckin,  Canton  and  ISIacomb  Railroad  Company. 
1863. 

Section  1.     Be  it  enacted  hij  the  penple  of  the  state  of  Illi- 
nois^ represented  in  the  General  Assembly,  Tliat  the  Pekin, 

fon'wuj.k,ii  "JHiQajjton  and  Macomb  Railroad  Company  shall  be  and  they 
are  hereby  constituted  a  body  politic   and  corporate,  and 

Gcoeraipoweis.  by  that  name  shall  have  perpetual  succession,  and  shall 
have  power  to  contract  and  be  contracted  with,  sue  and 
be  sued,  plead  and  be  impleaded,  in  all  courts  and  places; 
have  a  common  seal,  and  alter  the  same  at  pleasure  ;  and 
shall  have  power  to  make  by-laws  not  inconsistent  with  the 
laws  of  this  state  or  United  States. 

Ki..i,owerc<i  ^vilh  §  2-  Tlic  Said  Pekiii,  Canton  and  Macomb  Railroad  Com- 
nii  rights  praiit- pjjjjy  jjg  and  are  hereby  empowered  with  all  the  rights  and 
privileges  heretofore  granted  to  the  Warsaw  and  ^lacomb 
Railroad  Company,  by  an  act  entitled  "An  act  to  incorpo- 
rate the  Warsaw  and  Macomb  Railroad  Company,"  appro- 
ved February  l5th,  1851. 

^>   3.     That  said  Pekin,  Canton  and  Macomb  Railroad 
Company  shall  have  power  to  lay  out,  and  are  hereby  au- 


95  1853. 

thorized  to  construct  and  maintain  a  railroad,  with  one  or 
more  tracks,  from  Pekin,  in  Tazewell  county,  by  the  way 
of  Canton,  in  Fulton  county,  to  Macomb,  in  McDonough 
county,  with  full  power  to  connect  at  or  near  either  point 
of  terminus  with  any  railroad  now  built,  or  hereafter  to  be 
constructed,  and  for  that  purpose  are  hereby  empowered 
and  authorized  to  take  and  condemn  such  lands  as  may  be 
necessary  for  the  construction  of  said  road  in  the  manner 
provided  for  by  said  act  above  referred  to,  and  by  the  laws 
of  this  state. 

§  4.  That  Thompson  Maple,  Jolm  W.  Ingersoll,  Thom-  commiraion. 
as  J.  Little  and  Parley  C.  Stearns,  of  the  county  of  Fulton, 
and  Hu<T;h  Ervin  and  Isaac  Grantham,  of  McDonough  coun- 
ty, and  Wiliiam  B.  Doolittle,  Samuel  P.  Bailey,  David  Mark, 
Richard  N.  Gill  and  James  Haines,  of  tiie  county  of  Taze- 
well, are  hereby  aj)poijited  commissioners,  whose  duty  it 
shall  be,  within  six  months  after  the  passage  of  this  act,  at 
some  suitable  place  in  the  towns  of  Pekin,  Canton  and  Ma- 
comb, and  in  such  other  places  as  a  majority  of  them  may 
direct,  to  open  books  and  receive  to  the  capital  stock  of  capital  tioci 
said  company,  in  shares  of  one  hundred  dollars  each,  after 
giving  thirty  days'  notice  of  the  time  and  place  of  opening 
such  books  ;  and  the  said  commissioners  shall  be  authori- 
zed to  re-open  said  books  at  such  other  times  and  places, 
and  in  such  manner  as  they  may  deem  proper.  The  capi- 
tal stock  of  said  company  shall  be  five  hundred  thousand 
dollars,  in  the  manner  provided  for  in  said  act  above  refer- 
red to:  Pi'ovided,  the  publication  of  the  notices  shall  be  rroviso. 
published  in  tlie  said  counties  of  McDonough,  Fulton  and 
Tazewell.  This  act  to  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved  February  12,  1853. 


AN  ACT  to  iiicorporate  the  Western  Air  Line  Railroad  Company.  jn  force  Fib. 

1853. 

Section  1.  Be  if:  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Assemhly^  That  Jabez  eorporaton. 
Fislier,  William  Fisher,  William  Fenn,  SUas  Ramsey,  The- 
odore Perry,  Robert  Boal,  William  Maxwell,  Henry  L. 
Crane,  Samuel  L.  Fleming,  Jeriah  Borliam,  James  Max- 
well, Washington  E.  Cook,  T.  L.  Fetter,  James  VV.  Calla- 
han, J.  J.  Fenn,  David  Vernay,  John  Weir,  Sanford 
Broadus,  Jesse  B.  Bane,  William  B.  Green,  Reuljen  Bell, 
William  Drury,  James  S.  Thompson,  Levi  Willet,  E.  Gil- 
more,  Thomas  R.  Vanmeter,  T.  J.  Henderson,  Oliver 
Whitaker,  Elijah  lies  and  Peter  Vanbergen,  and  their  as- 


1853. 


96 


Qenerai  powers. 


sociates,  successors  and  assigns,  are  hereby  created  a  body 
corporate  and  politic,  under  the  name  and  style  of  the 
"Western  Air  Line  Railroad  Company,"  with  perpetual 
succession,  and  by  that  name  be  and  they  are  hereby  made 
capable  in  law  and  in  equity  to  sue  and  be  sued,  plead  and 
be  impleaded,  defend  and  be  defended,  in  any  court  of  law 
and  equity  in  this  or  any  other  place  ;  to  make,  have  and 
use  a  common  seal,  and  the  same  to  renew  and  alter  at 
pleasure  ;  and  shall  be  and  are  hereby  vested  with  all 
powers,  privileges  and  immunities  which  are  or  may  be 
necessary  to  carry  into  eflect  tl.e  purposes  and  objects  of 

Objects.  tliig  act  as  hereinafter  set  forth;  and  tlie  said  company  are 

hereby  authorized  and  empowered  to  locate,  construct  and 
jfinaliy  complete  and  put  in  operation,  a  railroad  from  the 
east  bank  of  the  Mississippi  river,  at  tiie  town  of  New 
Boston,  in  Mercer  county,  in  this  state,  thence  to  the  town 
of  Lacon,  in  tlie  county  of  Maishall,  in  tliis  state,  to  the 
eastern  line  of  this  state,  in  the  direction  of  Fort  Wayne, 
in  the  state  of  Indiana,  with  privilege  to  locate  said  road 
from  said  town  of  Lacon  to  t'ne  east  line  of  this  state,  at  a 
point  not  exceeding  fifteen  miles  north  or  twenty-five 
miles  south  of  a  direct  line  drawn  from  Lacon  to  Fort 
Wayne;  and  for  this  purpose  said  company  are  authorized, 
upon  the  most  eligible  and  direct  route,  to  lay  out  their 
said  railroad,  not  exceeding  one  liundrcd  and  fifty  feet  in 
widtii  tlirough  the  whole  length,  and  for  the  purpose  of 
erecting  embankments,  may  take  as  much  more  land  as 
may  be  necessary  for  the  proper  construction  and  security 
of  said  railroad. 

Gftpiiai  stock.  §   2.     The  capital  stock  of  said   company  shall   oe  two 

millions  of  dollars,  which  said  capital  stock  of  this  compa- 
ny may,  by  order  of  the    the   board    of  directors,   be   in- 

Miy  be  increased,  creased,  whcu  deemed  necessary,  to  any  amount  not  ex- 
ceeding the  actual  huna  fide  estimated  cost  of  construction 
and  equipping  said  road  ;  and  subscriptions  to  the  increased 
capital  stock  may  be  made  from  time  to  time,  as  may  be 
ordered  and  directed  by  the  board  of  directors  of  said  com- 
pany, whicli  shall  be  divided  into  shares  of  one  hundred 
dollars  eacli,  whicli  shall  be  deemed  personal  property,  and 
may  be  issued,  certified,  transferred  and  registered  in  such 
manner  and  at  such  places  as  may  be  ordered  and  provided 

ftequire  payment  by  the  board  of  directors,  v/ho  siiall  have  power  to  require 

of  8tocit.  w^Q  payment  of  the  stock  subscribed  in  the  manner  and  at 

the  time  and  in  such  sums  as  tliey  may  direct;  and  on  the 
refusal  or  neglect  on  the  part  of  the  stockholders,  or  any  of 
them,  to  make  payment  on  the  requisition  of  the  board  of 
directors,  the  share  of  such  delinquent  may,  after  thirty 
days'  public  notice,  be  sold  at  public  auction,  under  such 
rules  as  the  directors  may  adopt ;  tlie  surplus  money,  if  any 
remains  after  deducting  the  payments  due,  with  the  inter- 


97  *  1853. 

est  and  necessary  cost  of  sale,  to  be  paid  to  the  delinquent 
stockholder.  The  board  of  directors  liereinafter  named 
and  approved  shall  cause  books  to  be  opened  for  subscrip- 
tion to  the  capital  stock  of  said  company,at  such  times  and 
places  and  in  such  manner  as  they  sliall  direct:  Provided, 'pto-viso. 
that  as  soon  as  two  hundred  thousand  dollars  of  bona  fide 
subscription  shall  be  made  to  said  capital  stock,  and  five 
per  cent,  thereon  paid,  it  shall  be  la\yfal  for  said  company 
to  commence  the  construction  of  said  road:  Pro rz^eafprovidea further. 
further,  that  unless  said  company  shall  obtain  bona  fide 
subscriptions  to  their  capital  stock  amounting  at  least  to 
five  hundred  thousand  dollars,  and  shall  elect  directors  and 
become  fully  organized  within  tliree  years  from  the  pas- 
sage of  this  act,  then  this  act  shall  be  null  and  void. 

§  3.  All  the  corporate  powers  of  said  company  shall  be  Director.^. 
vested  in  and  exercised  by  a  board  of  directors,  to  consist 
of  not  less  than  seven  and  not  more  than  eleven  in  number, 
and  such  other  officers,  agents  and  servants  as  they  shall 
appoint.  The  first  board  of  directois  shall  consist  of  Wil- 
liam Fisher,  Theodore  Perry,  J.  J.  Fenn,  E.  Gilmore,  James 
S.  Thompson,  Thomas  J.  Henderson  and  E.  A.  Whipple, 
who  shall  hold  their  office  until  their  successors  are  elect- 
ed and  qualified.  Vacancies  in  the  board  maybe  filled  by  vacancies. 
a  vote  of  two-thirds  of  the  directors  remaining;  such  ap- 
pointees to  continue  in  office  until  the  next  regular  annual 
election  of  directors  ;  the  time,  place  and  notice  of  said  an- 
nual election  to  be  determined  by  the  said  board  of  direc- 
tors. 

§  4.  The  said  company  is  hereby  authorized,  by  their  survey,  &., 
agents,  surveyors  and  engineers,  to  cause  such  examina- 
tion and  survey  to  be  made  of  the  ground  and  country  be- 
tween the  said  town  of  New  Boston  and  Lacon,  and  between 
the  latter  place  and  the  said  east  line  of  this  state,  as  shall 
be  necessary  to  determine  the  best  route  for  tlie  proper  line 
or  course  whereon  to  construct  their  said  railroad  ;  and  it 
shall  be  lawful  for  said  company  to  enter  upon  and  take 
possession  of  and  use  all  such  lands  and  real  estate  as  may 
be  necessary  for  the  construction  and  maintenance  of  tlieir 
said  railroad,  its  depots,  side  tracks,  water  stations, 
engine  houses,  machine  shops  and  other  buildings  and  ap- 
pendages necessary  to  the  construction  and  working  of 
said  road  :  Provid''d,  that  all  lands  or  real  estate  entered '"'^'^''• 
upon  and  taken  possession  of  and  used  by  said  corporation 
for  the  purposes  and  accommodation  of  said  railroad,  or 
upon  which  the  site  for  said  railroad  shall  have  been  loca- 
ted or  determined  by  the  said  corporation,  shall  be  paid  for 
by  said  company  in  damages,  if  any  be  sustained  by  the 
owner  or  owners  thereof  by  the  use  of  the  same  for  the  pur- 
poses of  said  railroad  ;  and  all  lands  entered  upon  and  ta- 
ken for  the  use  of  said  corporation  which  are  not  donated 
[   G] 


1853.  98 

to  said  company,  shall  be  paid  for  by  said  corporation  at 
such  price  as  may  be  mutually  agreed  upon  by  the  said 
corporation  and  the  owner  or  owners  of  such  land  ;  and  in 
case  of  disagreement  the  price  shall  be  estimated,  fixed, 
and  recovered  in  the  manner  provided  for  taking  lands  for 
the  construction  of  public  roads,  canals  any  other  public 
works,  as  prescribed  by  the  act  concerning  right  of  way, 
approved  June  22d,  1852. 
allies.  ^   5.     If  any  person  shall  wilful!}^,  maliciously  or  wan- 

tonly, and  contrary  to  law,  obstruct  the  passage  of  any  car 
on  said  railroad,  or  any  part  tiiereof,  or  any  thing  belong- 
ing thereto,  or  shall  damage,  break  or  destroy  any  part  of 
the  said  road  or  implements  or  buildings,  he,  she  or  they, 
or  any  person  assisting,  shall  forfeit  and  pay  to  said  com- 
pany for  every  such  offence  treble  tlie  amount  of  damages 
that  shall  be  proved  before  any  competent  court  shall  have 
been  sustained,  to  be  sued  for  in  tiie  name  and  behalf  of 
said  company  ;  and  such  ofiender  or  offenders  shall  be  deem- 
ed guilty  of  a  misdemeanor,  and  shall  be  liable  to  an  in- 
dictment in  the  same  manner  as  other  indictments  are  found 
in  any  county  or  counties  where  such  offence  shall  have 
been  committed,  and  upon  conviction  every  such  offender 
shall  be  liable  to  a  fine  not  exceeding  five  thousand  dollars, 
for  the  use  of  the  county  where  such  indictment  may  be 
found,  and  may  be  imprisoned  in  the  county  jail  for  any  time 
not  exceeding  nine  months,  at  the  discretion  of  the  court. 

6.     That  the  riglit  of  way  and  the  real  estate  purchased 
for  the  right  of  way  by  said  company,  whether  by  mutual 
agreement  or  otherwise,  or  which  shall  become  the  prop- 
erty of  the  company  by    operation    of  law,   as   in   this  act 
provided,  shall,  upon  the  payment  of  the  amount  of  money 
belonging  to  the  owner  or  owners  of  said  land,  as  a  com- 
pensation for  the  same,  become  the  property  of  tiie  compa- 
ny in  fee  simple. 
Transportation,        §t  7.     The  Said  Corporation  may  take  and  transport  upon 
said  railroad  any  person  or  persons,  merchandise  or  other 
property,  by  the  force  and  power  of  steam  or  animal,  or 
any  combination  of  them,  and  may  fix,  establish,  take  and 
receive  such  rates  of  toll  for  all  passengers  and  j^roperty 
transported  upon  the  same  as  the  said  directors  [shall  estab-  J 
lish  ;  and  the  said  directors]  are  hereby  authorized  and  em-  j 
powered  to  make  all  necessary  rules,  by-laws,  regulations  j 
and   ordinances  that  they  may  deem  necessary  and  expe- J 
dient  to  accomplish  the  designs  and  purjioses,  and  to  carry! 
into  effect  the  provisions  of  this  act,  and  for  the  transfer  and* 
assignment  of  its  stock,  which  is  hereby  declared  personal 
property,  and  transferable  in  such  manner  as  shall  be  pro- 
vided by  the  by-laws  and  ordinances  of  said  company. 
Failure  to  elect      §   8.     In  case  it  sliould  at  any  time  happen  tliat  an  elec- 
directora.          ^-^^^  ^^  directors  shall  not  be  made  any  day  in  which  in  pur- 


Real  estate,  Sec. 


99  1853. 

suance  of  this  act  it  ought  to  be  made,  the  said  corporation 
shall  not  for  that  cause  be  deemed  dissolved,  but  snch  elec- 
tion shall  be  held  at  any  other  time  directed  by  the  by-laws 
of  said  corporation. 

§  9.  Whenever  it  shall  be  necessary  for  the  construe- iiite::;cciioiis--,&c. 
tion  of  said  railroad  to  intersect  or  cross  a  track  of  any  oth- 
er railroad,  or  any  stream  of  water  or  water  course,  or  road 
or  highway  on  the  route  of  said  road,  it  shall  be  lawful  for 
the  company  to  construct  their  railroad  across  or  upon  the 
same  :  Provided,  that  the  said  company  shall  restore  the 
railroad,  stream  of  water,  water  course,  road  or  highway 
thus  intersected  or  crossed  to  its  former  state,  or  in  a  suf- 
ficient manner  not  materially  to  impair  its  usefulness. 

§  10.  Said  company  shall  have  power  to  unite  its  rail- '^■"'o"^^'th  othei 
road  with  any  other  railroad  or  railroads  now  constructing, 
or  which  may  hereafter  be  constructed  within  this  state, 
which  may  cross  or  intersect  the  same  on  its  line  or  in  the 
states  of  Indiana  and  Iowa,  or  in  either  of  the  said  last  men- 
tioned states,  upon  such  terms  as  may  be  mutually  agreed 
upon  between  the  companies  so  connecting;  and  for  that 
purpose  fall  power  is  hereby  given  to  said  companies  to 
make  and  execute  such  contracts  with  any  other  company 
or  companies  as  will  secure  the  objects  of  such  connec- 
tions. 

^    11.     Said  company  is  hereby  authorized  from  time  to  P^^^er  to  bMiow 

..    ^      ^      -,  I  c  1  money. 

time  to  borrow  such  sum  or  sums  oi  money  as  may  be  ne- 
cessary for  completing  and  furnishing  or  operating  their 
said  railroad,  and  to  issue  and  dispose  of  their  bonds,  in  de- 
nominations of  not  less  than  five  hundred  dollars,  bearing 
a  rate  of  interest  not  exceeding  ten  per  cent,  per  annum 
for  any  amount  so  borrowed,  and  to  mortgage  the  corpo- 
rate property  and  franchises,  or  convey  the  same  by  deed 
of  trust  to  secure  the  payment  of  any  debt  contracted  by 
said  company  for  the  purposes  aforesaid  ;  and  the  directors 
of  said  company  may  confer  on  any  bond-holder  of  any  bond 
issued  for  money  borrowed  as  aforesaid  the  right  to  con- 
vert the  principal  due  or  owing  thereon  into  stock  of  said 
company,  at  any  timejnot  exceeding  ten  years  from  the  date 
of  the  bond,  under  such  regulations  as  the  directors  of  said 
company  may  see  fit  to  adopt ;  and  all  sales  of  such  bonds 
that  may  be  made  at  less  than  their  par  value  shall  be  good 
and  valid  and  binding  upon  said  corporation  as  if  such  bonds 
had  been  sold  for  the  full  amount  thereof. 

§  12.  Every  conductor,  baggage  master,  engineer,  conauctors,  bag 
breakman,  or  other  servant  of  said  corporation  employed  in  ^*°^  masters. 
a  passenger  train  or  at  stations  for  passengers,  shall  wear 
upon  his  hat  or  cap  a  badge  which  shall  indicate  his  office, 
the  initial  or  style  of  the  corporation.  No  conductor  or 
collector  without  such  badge  shall  demand  or  be  entitled 
to  receive  from  any  passenger  any  fare,  toll  or  ticket,  ex- 


Bell     or     si 

.   whistle     to 

placed    on 


1853.  100 

ercise  any  of  the  powers  of  his  office,  and  no  other  of  said 
officers  or  servants,  without  such  badge,  shall  have  any  au- 
thority to  meddle  or  interfere  with  any  passenger,  his  bag- 
gage or  property  in  forming  passenger  trains.  Baggage,  or 
freight,  or  m-erchandise,  or  lumber  cars  shall  not  be  placed 
in  rear  of  passenger  cars  ;  and  if  they  or  any  of  them  shall 
be  so  placed,  and  any  accident  shall  happen  to  life  or  limb, 
the  officer  or  agent  who  so  directed  or  knowingly  suffered 
such  arrangement,  and  the  conductor  or  engineer  of  the 
train,  shall  each  and  all  be  held  guilty  of  a  misdemeanor, 
and  be  punished  accordingly. 
or  steam  ^  13.  A  bell  of  at  Icast  thirty  pounds  Weight,  or  3  stcam 
he  whistle,  shall  be  placed  on  each  locomotive  engine,  and 
locomotive.  shall  be  rung  or  whistled  at  the  distance  of  at  least  eighty 
rods  from  the  place  where  the  said  road  shall  cross  any 
road  0^  street,  and  be  kept  ringing  or  whistling  at  inter- 
vals until  it  shall  have  crossed  said  road  or  street,  under  a 
penalty  of  fifty  dollars  for  every  neglect,  to  be  paid  by  said 
corporation — one  half  thereof  to  go  to  the  informer,  and 
the  other  half  to  the  state — and  to  be  liable  for  all  damages 
which  shall  be  sustained  by  any  person  by  reason  of  such 
neglect.  Said  corporation  shall  cause  boards  to  be  placed, 
well  supported  by  posts  or  otherwise,  and  constantly  main- 
tained across  each  public  road  or  street,  where  the  same 
is  crossed  by  the  railroad,  on  such  elevation  as  not  to  ob- 
struct the  travel  and  to  be  easily  seen  by  travelers,  and  on 
each  side  of  said  board  shall  be  painted  in  capital  letters, 
at  least  the  size  of  nine  inches  each,  the  words  :  '■'■Railroad 
crossing !  Look  out  for  the  cars  .'"  But  this  provision 
shall  not  apply  to  streets  or  cities,  or  villages,  unless  the 
corporation  be  required  to  put  up  such  boards  by  the  offi- 
cers having  charge  of  such  streets. 
Power  to  catab-  §  14.  Said  Company  are  liereby  authorized  and  em- 
i:shffrry.  powcrcd  to  make  and  establish  a  ferry  across  the  Missis- 
sippi river  at  New  Boston,  to  such  point  on  the  Iowa  shore 
of  said  river  as  the  said  company  may  be  autiiorizcd  or 
required  to  land  at ;  and  said  company  are  also  autiiorized 
and  empowered  to  establish  a  ferry  across  the  Illinois  river, 
from  any  ground  owned  by  them  in  the  town  of  Lacon,  to 
the  opposite  shore  of  said  Illinois  river,  in  said  county  of 
Marshall ;  and  tiiey  are  hereby  authorized  to  make  and 
use  all  necessary  boats  and  apparatus,  of  all  and  every  de- 
scription whatsoever,  advantageous  and  necessary  for  thei 
use  of  said  company,  at  either  or  both  of  said  ferries,  anf 
propel  the  same  by  horse,  steam  or  any  mode  or  powei 
that  the  said  company  may  deem  best :  Provided,  that  th( 
company  shall  not  use  said  ferries  or  allow  the  same  to  be 
used  for  any  other  purposes  than  those  connected  with  or 
carrying  out  of  the  business  of  said  railroad. 


101  1853. 

§   15.     The   width  of  said  road  is  to  be  determined  by  width uf  r.;a.;. 
tlie  said    corporation,  within   the  limits  prescribed  by  the 
first  section  of  this  act. 

5  16.  Said  company  shall  have  authority  and  power  to  improve  lan.iing 
improve  all  or  either  of  their  landings,  at  either  or  both  of 
their  ferries  named  in  tiie  fourteenth  section  of  this  act,  by 
buildi:ig  a  ])ier  or  piers,  or  making  embankments  into 
either  or  both  of  said  rivers:  Provided^  that  any  sucii  im- 
provements does  not  interfere  with  the  free  navigation  of 
eitlier  of  said  rivers. 

§  17.  The  directors  herein  named  are  required  to  or- orsamzebyciec 
ganize  the  board  by  electing  one  of  their  number  jjresideut,  ^''•''' p'^'-'^"''^'"- 
and  by  appointing  a  secretary  and  treasurer. 

§  18.  None  but  stockiiolders  m  said  company  shall  beEHgiweto  omcc 
eligible  to  the  office  of  director  in  the  same. 

§  19.  Said  company  shall  have  the  right  of  way  overstate  lands. 
any  lands  belonging  to  this  state,  and  it  shall  be  lawful  for 
said  company  to  enter  upon  and  take  possession  of  and  use, 
for  the  purpose  of  the  construction  or  protection  of  said 
road,  any  lands  belonging  to  the  state,  without  being  sub- 
ject to  any  claim  whatever  for  damages. 

§   20.     This  act  shall  be  deemed  a  public  act,  and  shall pumjc act. 
be  favorably  construed  for  all  purposes  therein  expressed 
and  declared,  in  all  courts  and  places  whatever,  and  shall 
be  in  force  from  and  after  its  passage. 

Approved  February  9,  1853. 


AX  ACT  to  incorporate  the   Chicatifo,   Sterling  and  Mississippi  Railroad  ju  force  Fob.' 
Com])any.  "  *  1S53. 

Section   1.     Be  it  enacted  by  the  people  of  the  state  of 
Illinuis,   represented   in  the  General  ^/'Issemhltjy  That   all  corporati.'n . 
such  persons  as  shall  become  stockholders  agreeably  to  the 
provisions  of  the  corporation  hereby  created,  shall  be,  and 
for  the    term   of  ninety  years  from  and   after  the   passage 
this     act,    shall    continue    to    be,  a   body  corpora  te    and 
politic,  by  the  name  of  "The   Chicago,  Sterling  and  Mis- style. 
sissippi  Railroad  Company,"   and  by  that  name  shall  Jiave 
succession  for  the  term  of  years  above  specified;  inay  sue  General  pov.--ri!. 
and  be   sued,  complain  and  defend,  in  any  court  of  law  or 
equity;  may  make  and  use  a  common  seal,  and  alter  the 
same  at  pleasure  ;  may  make  by-laws,  rules    and    regula- 
tions for  tile  managament  of  property,  the  regulation  of  its 
affairs  and  for  the  transfer  of  its  stock,  not  inconsistent  with 
the   exi>;tiiig    laws   and    constitution   of  this    state,   or   the 
the  United  States;  and  may  appoint  such  officers,  agents 


1853.  102 

and  servants  as  the  business  of  the  said  company  may  re- 
quire, prescribe  their  duties,  and  require  bond  for  the 
faithful  performance  thereof. 

cwnmiss-.ciiers.  §  2.  That  Isaac  Cook,  William  B.  Egan,  David  Hess, 
Joseph  Naper,  Lewis  Ellsworth,  William  B.  Plum,  Robert 
N.  Mathews,  Roswell  Carter,  Hugh  V/allace,  John  Gait, 
Royal  Jacobs,  James  McCoy,  Samuel  Hap))er  and  Cliarles 
Dement,  be  and  they  are  hereby  appointed  commissioners 
for  the  purpose  of  procuring  subscriptions  to  the  capital 
stock  of  said  com])any,  whose  duty  it  shall  be  to  open 
books  for  subscriptions  to  the  capital  stock  of  said  com- 
pany, giving  notice  of  the  time  and  place  when  and 
where  said  books  will  be  opened,  at  least  thirty  days  pre- 
in  vious  thereto,  by  publication  in  some  newspaper  published 
Chicago,  Aurora  and  Dixon.  The  said  commissioners,  or  a 
majority  of  them,  shall  attend  at  the  places  appointed  for  the 
opening  of  said  books,  and  shall  continue  to  receive  sub- 
scriptions, either  personally  or  by  such  agents  as  they  shall 
appoint  for  that  purpose,  until  the  sum  of  four  hundred 
thousand  dollars  shall  have  been  subscribed,  and  soon  as 
said  sum  of  four  hundred  thousand   dollars  shall  be    sub- 

Koticc-  scribed,    the    said    commissioners    shall  give  twenty  days' 

notice,  by  publication  in  newspapers  in  Chicago,  Aurora 
and  Dixon,  of  an  election  by  said  stockholders  of  a  board 
of  directors,  as  hereinafter  provided,  for  the  management  of 
said  company.  At  such  time  and  place  so  appointed  for  that 
purpose,  the  commissioners,  or  a  majority  of  them,  shall 
attend  and  act  as  inspectors  of  said  election,  and  the  stock- 
holders present  shall  proceed  to  elect  thirteen  directors  by 
ballot,  and  the  commissioners  present  shall  certify  the  result 
of  such  election  under  their  hands,  wh.ich  certificate  shall  be 
recorded  in  the  record  book  of  said  company,  and  shall  be 
sufficient  evidence  of  the  election  of  the  directors  therein 
named.  The  directors  thus  elected  siiall  hold  their  oJiices 
for  one  year,  and  until  their  successors  are  elected  and 
qualified. 

Capital  stock.  §   3.      The   Capital  stock  of  said   company  shall  be  one 

million  of  dollars,  which  shall  be  divided  into  shares  of  one 
hundred  dollars  each,  and  may  be  increased  by  the  direc- 
tors of  said  company  to  any  sum  necessary  to  complete 
the  works  herein  authorized,  and  the  same  shall  be  sub- 
scribed for  and  taken  under  the  direction  of  the  board  of 
directors  of  said  company,  at  such  time,  and  in  such  place 
and  manner  as  the  said  directors  shall  from  time  to  time 
direct.  The  shares  of  said  capital  stock  of  said  company 
shall  be  deemed  and  considered  as  personal  property. 

§   4.      The  affairs  of  said  company  sludl  be  managed  byj 
aboard  of  thirteen  directors,  to  be  chosen  annually  by  the 
stockholders   from  among   themselves.       At   all    elections 
each   stockholder  shall  be  entitled  to  one 


103  1853. 

vote  for  eacli  share  of  stock  held  by  him,  and  may  vote  per- 
sonally or  by  proxy;  and  a  plurality  of  the  votes  given  at  any 
election  shall  determine  the  choice.  The  directors  shall  directors. 
hold  their  offices  for  one  year  alter  their  election,  and  until 
their  successors  are  elected  and  qualified,  and  shall  elect 
one  of  their  number  as  president  of  said  board  ;  and  in  case 
of  any  vacancy  occurring  in  said  board  of  directors  between 
elections,  the  same  may  be  filled  by  the  board  at  any  legal 
meeting  of  the  directors,  and  the  person  so  elected  to  till 
the  vacancy  shall  hold  his  office  until  the  next  annual  meet- 
ing of  the  stockholders.  In  case  of  the  absence  of  the  pres- 
ident of  the  board,  the  directors  shall  have  power  to  elect  a 
president  pro  tempore,  who  shall  exercise,  for  the  time  r,.esi,ie„t  a.,.! 
being,  all  the  legal  powers  of  the  president  of  said  board,  ^"i^r om^f "• 

5  5.  It  shall  be  lawful  for  the  directors  to  make  calls  paymentof  skkr 
upon  the  sums  subscribed  to  the  capital  stock  of  said  com- 
pany, at  such  times  and  in  such  amounts  as  they  sliall 
deem  fit,  giving  at  least  thirty  days' notice  of  each  of  said 
calls  in  at  least  three  newspapers  published  in  the  vicinity  of 
said  road  ;  and  in  case  of  failure  on  the  part  of  any  stock- 
holder to  make  payment  of  any  call  made  as  aforesaid  by  the 
said  directors,  for  sixty  days  after  the  same  shall  have  been 
due,  the  said  board  of  directors  are  hereby  authorized  to 
declare  said  stock  so  in  arrears  and  all  sums  paid  thereon 
forJeited  to  the  company. 

§  6.  The  said  company  are  hereby  authorized  and  em-oijects. 
powered  to  locate,  construct,  and  complete,  and  to  maintain, 
and  operate,  a  railroad,  with  a  single  or  double  track,  and 
with  such  a})purtenances  as  may  be  deemed  necessary  by 
the  directors  for  the  convenient  use  of  the  same,  from  the 
city  of  Chicago,  thence  by  the  most  eligible  route  to  the 
village  of  Naperville,  in  the  county  of  Du  Page,  thence  to 
Aurora,  in  the  county  of  Kane,  tlience  near  to  the  village 
of  Little  Rock,  in  the  county  of  Kendall,  thence  to  Ster- 
ling, in  the  county  of  Whiteside,  thence  to  the  Mississippi 
river,  to  a  point  not  abo\e  Fulton  City,  nor  below  Albany, 
on  said  river,  in  said  county  of  Whiteside,  and  to  survey 
and  determine  the  line  of  said  road  upon  such  route  between 
said  points  as  the  said  company  shall  deem  most  eligible;  and 
the  said  company  are  further  authorized  to  use  and  operate 
said  railroad,  and  shall  have  power  and  authority  to  regulate 
the  time  and  manner  in  which  goods  and  effects  and  persons 
shall  be  transported  on  the  same,  and  prescribe  the  man- 
ner in  whicli  said  railroad  shall  be  used,  and  the  rate  of  toll  Rate  oftcii.&c. 
for  the  transportation  of  persons  and  property  thereon,  and 
for  the  storage  of  merchandise  and  other  pioperty  under 
their  charge,  and  shall  have  power  to  provide  all  necessa- 
ry stock  and  material  for  the  operation  oi  said  road,  and 
shall  have  power  to  erect  and   maintain   all  necessary  de- 


1853.  104 

pots,  stations,  shops,  and  otlier  buildings  and  machinery  for 
the  accommodation,  management  and  operation  of  said  road. 

Divided  into  ui-  §  7.  The  said  road,  when  so  located,  shall  be  divided 
visions.  jj^|.y  tj,j,gg  divisions,  as  follows,  to  v/it :  first  division  to  be 

composed  of  that  portion  of  said  road  situate  and  being 
between  the  city  of  Chicago  and  Aurora  ;  the  second  di- 
vision thereof  to,  be  composed  of  that  portion  of  said  road 
situate  and  being  between  Aurora  and  the  point  of  inter- 
section with  and  crossing  of  said  road  and  tiie  Illinois  Cen- 
tral Railroad  ;  the  third  division  to  be  composed  of  that 
portion  of  said  road  situate  and  being  between  said  point 
of  intersection  or  crossing  of  said  Illinois  Central  Railroad 
and  the  Mississippi  river;  and  it  may  be  lawful  for  the  sub- 
scription of  the  stock  to  said  road  to  be  taken  and  sub- 
scribed for  either  of  the  said  divisions,  or  for  the  whole  of 
said  road,  as  those  taking  and  subscribing  for  the  same 
may  deem  proper,  and  in  the  event  that  the  %vhole  or  any 
portion  of  said  stock  be  taken  and  subscribed  for  by  di- 
visions, the  amount  of  stock  so  taken  and  subscribed  for 
by  divisions  shall  be  a})plied  and  expended  in  the  construc- 
tion of  that  particular  division  for  which  the  same  was 
subscribed  for  and  taken. 

;  ;.v..vs,  ice.  §   8.     That  said  company  are  hereby  authorized,  by  their 

engineers  and  agents,  to  enter  upon  any  lands  for  the  pur- 
pose of  making  the  necessary  surveys  and  examinations  of 
said  road,  and  to  enter  upon  and  take  and  hold  all  lands  ne- 
cessary for  the  construction  of  said  railroad  and  its  append- 
ages, first  making  just  and  reasonable  compensation  to  the 
owners  of  said  land  for  any  damages  that  may  arise  to  them 
from  thiC  building  of  said  railroad;  and  in  case  said  com- 
pany shall  not  be  able  to  obtain  the  title  to  the  lands 
through  which  the  said  road  shall  be  laid,  by  purchase, 
or  voluntary  cession,  the  said  company  are  hereby  au- 
thorized to  proceed  to  ascertain  and  determine  the  dam- 
ages sustained  by  suc!i  owner  or  owners,  in  the  manner 
and  upon  the  principles   provided   by   the   92d  chapter  of 

RiFhtoi  v.-«:,-.  ^|,g  Revised  Statutes  of  this  state,  entitled  "right  of  way"  : 
Provided,  that  after  tlie  appraisal  of  damages  as  pro- 
vided in  said  statute,  and  upon  the  deposit  of  the  amount 
of  such  appraisals  in  the  circuit  court  of  the  county 
wherein  such  lands  may  be  situate,  the  said  company  are 
hereby  authorized  to  enter  upon  such  lands  for  the  con- 
struction of  said  road. 

Power  to  bcrrow  §  9-  The  Said  compauy  arc  authorized  and  empowered 
""""■^■*  to  borrow,  from  time  to  time,  such  sum  or  sums  of  money, 

not  exceeding  the  amount  of  capital  stock  of  said  com- 
pany, as  in  their  discretion  may  be  deemed  necessar}'  to 
aid  in  the  construction  of  said  road,  and  to  pay  any  rate 
of  interest  therefor  not  excceiling  ten  per  cent.,  and  to 
.    pledge  and  mortgage  the  said  road  and  its  appendages,  or 


105  1853. 

any  part  thereof,  or  any  other  property  or  effects,  rights, 
credits  or  franchises  of  the  said  company,  as  security  for 
any  loan  of  money  and  interest  thereon,  and  to  dispose 
of  the  bon(!s  issued  for  such  loan  at  such  rates  or  on  such 
terms  as  the  board  of  directors  may  determine. 

§    10.     Said  company  shall  be  bound  to  repair  all  public  Highways     and 
highways,  bridges    and  water  courses  which   may  be    in-  watercourses. 
jured  in  constructing  the   said    railroad  or  its  appendages, 
and  shall  restore  them,   as  far  as  practicable,  to  as  good  a 
condition  as  they  were  before  they  weie  injured  by  reason 
of  the  construction  of  said  road. 

§  11.  It  shall  be  lawful  for  the  said  company  to  unite  union  with  other 
with  any  other  railroad  company  which  may  have  been  or 
may  hereafter  be  incorporated  by  this  state,  and  to  grant 
to  such  company  the  right  to  construct  and  use  any  portion 
of  said  road  hereby  authorized  to  be  constructed,  U])on  such 
terms  as  may  be  mutually  agreed  upon  between  said  com- 
panies ;  also,  the  rigiit  to  purchase  or  lease  all  or  any  part 
of  any  other  railroad  which  is  or  may  be  hereafter  built 
in  this  state,  upon  such  terms  as  may  be  mutually  agreed 
between  the  said  companies. 

§  12.  Any  person  Vv^ho  shall  wilfully  injure  or  obstruct  Penalties, 
the  said  road,  or  any  partof  the  appendagi^s  thereto,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  sliall  forfeit  to  tiie  use 
of  the  company  a  sum  threefold  the  amount  of  the  damages 
occasioned  by  such  injury  or  obstruction,  to  be  recovered 
in  an  action  of  debt  in  the  name  of  said  company,  with  costs 
of  suit,  before  any  justice  of  the  peace  or  before  any  court 
of  record  in  this  state. 

.    §    13.     The  said   company  shall  be  allowed  three  years  Time    of    com- 
from  the  passage  of  tliis  act  for  tlie  commencement  of  the  '^*"*=™^'^°*- 
construction  of  said  railroad,  and  ten  years  thereafter  for 
the  completion  of  the  same. 

§   14.     Thisact  shall  be  deemed  and  taken  as  a  public  act>P"biic  act. 

and  shall  be  construed  beneficially  for  all  purposes  herein 
specified  or  intended. 

Approved  February  7,  1853. 


AN  ACT  to  incorporate  the  Fort  Wavne  and  Chicago   Railroad  Company,  in  force   Feb.  5, 

1853. 

Section  1.  Be  it  enacted  hy  the  penpk  of  the  state  of 
IlUnoi'i,  represented  in  the  General  t^^ssemhty,  That  the  Fort  Power  toiocatc. 
Wayne  and  Chicago  Railroad  Company,  as  now  organized 
under  the  act  of  the  general  assembly  of  the  state  of  Indi- 
ana, entitled  "An  act  to  provide  for  the  incorporation  of 
railroad  companies,"'  approved  May  11,  A.  D.  1852,  be  and 


1853.  106 

they  are  hereby  authorized  to  locate,  construct,  maintain 
and  use  their  said  railroad,  with  either  a  single  or  double 
track,  from  the  western  line  of  the  state  of  Indiana,  at  and 
from  the  point  within  the  county  of  Cook  where  the  said 
Fort  Wayne  and  Chicago  Railroad  shall  intersect  the  same, 
to  the  city  of  Chicago. 

(ienerai  powers.  §  ^-  That  in  all  cases  wlieu  matters  of  controversy  shall 
originate  or  arise  within  the  limits  of  this  state,  the  said 
company  may  sue  and  be  sued  in  like  manner  as  other 
bodies  corporate  within  this  state  sue  and  are  sued  ;  and  in 
all  matters  and  things  which  may,  in  any  way,  relate  to  or 
concern  the  exercise  or  abuse  of  the  rights,  privileges, 
powers  and  franchises  hereby  granted,  and  also,  in  all 
things  that  may  relate  to  or  concern  a  compliance  with  or 
a  breach  of  the  conditions  and  provisions  of  this  act,  the 
said  company  shall  be  as  perfectly  subject  to  and  under 
the  control  of  the  proper  authorities  of  Illinois  as  if  the  said 
company  had  been  created  by  a  law  of  tliis  state  ;  and  in 
any  suit,  action  or  proceeding  at  law  against  said  company, 
the  process  may  be  served  within  the  proper  county  or  dis- 
trict upon  any  known  officer  or  agent  of  said  company. 

Dutyofpiesiiiont      8   3.     That  it  shall  be  the  duty  of  the  president  and  di- 

and  directors.  •',  c         -j  i-  c    i.\      • 

rectors  oi  said  company,  as  soon  as  any  portion  ot  tlieir 
railroad  situated  between  the  city  of  Chicago  and  the  eas- 
tern line  of  the  state  of  Illinois  is  completed  and  in  use  for 
transportation,  to  prepare  a  full  and  accurate  statement  of 
the  cost  of  construction  of  said  portion  of  their  railroad,  au- 
thenticated by  the  oath  or  affirmation  of  the  president  and 
secretary  of  said  company,  and  communicate  the  same  to 
the  auditor  or  other  proper  officer  of  Cook  county  in  this 
state,  who  siiall  file  the  statement  in  his  office. 
Taxation.  5   4.     That   the   stock   of  said   company  to  an  amount 

equal  to  the  cost  of  construction  of  the  said  portion  of  their 
road  shall  be  subject  to  state  and  county  taxes  in  this  state, 
in  tlie  same  manner  and  at  the  same  rate  as  other  similar 
property  is  subject;  and  the  rolling  stock  and  equipments 
of  said  road  used  in  tliis  state  on  said  road  by  said  com- 
pany shall  be  considered  as  part  of  the  stock  of  said  com- 
pany, subject  to  taxation  in  proportion  to  the  length  of  the 
line  in  this  state  as  compared  with  the  distance  said  rolling 
stock  and  equipments  are  used  out  of  this  state  :  Provided, 
that  nothing  in  this  act  shall  be  so  construed  as  to  authorize  a 
greater  amount  of  tax  upon  this  road  than  is  assessed  and  col- 
lected on  other  roads  under  the  general  laws  of  this  state  ; 
and  it  shall  be  the  duty  of  said  company  to  cause  their  treas- 
urer, upon  the  declaration  of  any  dividends  after  said  {por- 
tion of  their  railroad  shall  have  been  completed,  to  retain 
out  of  said  dividends  and  pay  into  the  treasury  of  Cook 
county  the  tax  to  which  such  portion  of  stock  is  liable,  and 


107  1853. 

all  taxes  legally  levied  upon  said  road  shall  be  a  first  lien 
upon  the  same. 

§  5.  The  said  company  are' hereby  authorized  to  use  Right  of  way. 
and  exercise  all  the  powers  for  appropriating  and  obtaining 
the  right  of  way  for  the  construction,  maintenance  and  use 
of  said  road  that  are  given  and  expressed  by  the  act  enti- 
tled "An  act  to  provide  for  a  general  system  of  railroad  in- 
corporations," approved  November  5th,  1849  ;  and  in  case 
any  lands  so  appropriated  shall  not  be  donated  to  the  com- 
pany, or  in  case  of  disagreement  between  the  owners  there- 
of and  said  company  as  to  the  fair  value  thereof,  the  sum 
to  be  paid  shall  be  determined  in  the  manner  prescribed  bj' 
said  act. 

§   6.     For  the  purpose  of  maintaining  said  railroad  andBenefitottiiciaw 
the  work  connected  therewith,  and   protecting  the  same  1849^'^  ^''^'"  ^" 
from  injury,  the  said  corporation  shall  have  the  benefit  of 
the  provisions  of  said   act  approved  November   the  5th, 
1849,  referred  to  in  tiie  previous  section. 

§  7.  The  said  corporation  may  take  and  transport  up- Transportation. 
on  said  railroad  any  person  or  persons,  merchandise  or 
other  property,  by  the  force  or  power  of  steam  or  animals, 
and  may  establish  and  collect  such  rates  of  toll  for  all  pas- 
sengers and  property  transported  upon  the  same  as  the 
said  directors  siiall  from  time  to  time  establish  ;  and  the 
directors  are  hereby  erppowered  and  authorized  to  make 
all  necessary  rules,  by-laws,  regulations  and  ordinances 
that  they  may  deem  necessary  and  expedient  to  accom- 
plish the  designs  and  purposes  and  to  carr^  into  effect  the 
provisions  of  this  act,  and  for  the  transfer  and  assignment 
of  its  stock,  which  is  hereby  declared  personal  property, 
and  transferable  in  such  manner  as  shall  be  provided  by  the 
by-laws  and  ordinances  of  said  company. 

§  8.  Said  company  is  hereby  authorized  from  time  to  power  to  borrow 
time  to  borrow  such  sum  or  sums  of  money  as  may  be  neces-  ™oney. 
sary  for  completing  and  furnishing  or  operating  their  said 
railroad,  at  such  rate  of  interest  as  may  be  agreed  upon,  and 
to  issue  and  dispose  of  their  bonds  in  denominations  oi  not 
less  than  five  hundred  dollars  (-^500,)  for  less  than  par 
value,  if  necessary,  for  any  amount  so  borrowed,  and  to 
mortgage  their  corporate  property  or  franchises,  or  con- 
vey the  same  by  deed  of  trust  to  secure  the  payment  of 
any  debt  contracted  by  the  said  company,  for  the  purposes 
aforesaid,  and  the  said  directors  of  said  company  may  con- 
fer on  any  bond-holder  of  any  bond  issued,  for  money  bor- 
rowed, the  right  to  convert  the  principal  due  or  owing 
thereon  into  stock  of  said  company,  at  anytime  not  exceed- 
ing ten  years  from  the  date  of  the  bond,  under  such  regula- 
tions as  the  directors  of  said  company  may  see  fit  to  adopt. 

§   9.      The  said  company  are  hereby  autiiorized  to   con- fl-„ter  course,  &c 
struct  their  road  upon  or  across  any  stream  or  water  course, 


1853. 


108 


road  or  highway,  railroad  or  canal,  which  the  route  of  its 
road  shall  intersect,  but  the  corporation  shall  restore  the 
stream,  or  water  course,  road  or  highway,  railroad  or  canal 
thus  intersected  to  its  former  state,  or  in  a  sufficient  man- 
ner not  to  have  impaired  its  usefulness. 

§  10.  The  said  company  siiall  be  and  are  hereby  au- 
thorized and  empowered  to  acquire  within  or  in  the  vicin- 
ity of  the  city  of  Chicago,  and  to  hold,  use  and  occupy 
such  lands  or  lots  as  it  may  acquire  by  purchase,  dona- 
tion or  otherwise,  for  the  purpose  of  constructing  such  de- 
pots, machine  shops,  and  other  proper  fixtures  and  build- 
ings as  may  be  requisite  or  necessary  for  the  accommoda- 
tion and  transaction  of  the  business  which  may  pass  over 
and  be  connected  with  the  road  of  said  company. 

§  11.  That  two  additional  directors  of  said  company 
shall  be  cliosen,  who  shall  be  stockholders  in  said  corpora- 
tion, and  citizens  of  the  city  of  Chicago. 

§  12.  This  act  shall  be  in  force  from  and  after  its 
passage. 

Approved  February  5,  1853. 


m  force  Feb.  10,  AN  ACT  to  incorporate  the  Belleville  Eastern  Exiension   Railroad   Com- 
1S53.  pany. 

Section   1.     Be  it  enacted  hy  the  people  of  the  state  of 

Corporators.  IlUnois^  represented  in  the  General  Jissemhly^  That  George 
Trumbull,  Edward  Pittman,  John  Murray,  Russell  Hink- 
ley,  Simon  Eimer,  Henry  Goedeking,  Edward  Omelveny, 
George  Postel,  H.  B.  Jones,  H.  S.  Osburn,  Jos.  J.  Swan- 
wick,  John  Scheel,  George  Low,  A.  D.  Hay,  E.  P.  Hosmer 
and  such  other  persons  as  they  may  associate  with  them 
for  that  purpose,  are  hereby  made  and  constituted  a  body 

style.  corporate  and  politic,  by  the  name  and  style  of  the  "Belle- 

ville Eastern  Extension  Railroad  Company,"  with  perpetual 

General  powers,  successiou,  and  by  that  name  and  style  shall  be  capable 
in  law  of  taking,  holding,  purchasing,  leasing,  selling  and 
conveying  estate  and  property,  real,  personal  and  mixed, 
so  far  as  the  same  maybe  necessary  for  the  purposes  here- 
inafter mentioned,  and  not  further ;  and  in  their  corporate 
name  may  sue  and  be  sued,  to  liave  a  common  seal,  which 
tliey  may  alter  or  renew  at  pleasure  ;  and  may  have  and 
exercise  all  powers,  rights,  privileges  and  immunities  which 
are  or  may  be  necessary  to  carry  into  etFect  the  ])urposes 
or  objects  of  this  act,  as  the  same  are  herein  set  forth. 

objocts.  §   2.     The  said  company  shall  have  full  power  and  au- 

thority to  locate,  and  from  tiine~'t()  time,  to  alter,  change, 
relocate,   construct,  reconstruct  and   fully    to  finish,  per- 


109  1853. 

feet  and  maint^iin  a  railroad  with  one  or  more  tracks,  com- 
mencing at  Belleville,  in  the  county  of  St.  Clair,  Illinois, 
and  running  from  thence,  by  Mascoutah,  in  St.  Clair  county, 
Nashville  and  Richmond,  in  Washington  county,  to  a  point 
between  section  ten,  township  two  south,  one  west  of  the 
third  principal  meridian,  in  the  county  of  Washington,  Illi- 
nois, and  section  six,  township  six  south,  one  west  of  third 
principal  meridian,  in  the  county  of  Perry,  Illinois,  upon  a 
route  to  be  by  said  company  selected,  and  to  take,  trans- 
port and  carry  property  and  persons  upon  said  railroad, 
by  power  and  force  of  steam,  or  of  animals,  or  of  any  other 
power  or  other  combination  of  them  which  said  company 
may  choose  to  use  or  apply;  and  for  the  purpose  of  con- 
structing said  railroad  or  way,  said  company  shall  have 
power  and  authority  to  lay  out,  designate  and  establish 
their  said  road,  in  width  one  hundred  and  fifty  feet,  through 
the  entire  line  thereof,  and  may  take  and  appropriate  to 
their  own  use  all  such  lands  so  designated  for  the  line  and 
construction  of  said  road,  upon  first  paying  or  tendering 
therefor  such  amount  of  damage  as  shall  have  been  settled 
by  appraisal  in  the  manner  hereinafter  provided  on  all 
such  lands  so  designated  for  the  line  and  construction  of 
said  road,  and  all  such  lands  as  may  be  taken,  or  upon  any 
track  which  may  be  located  by  said  company;  and  for  the 
purpose  of  embankments,  cuttings,  obtaining  of  stone, 
gravel  and  sand,  may  take  and  appropriate  as  much  more 
land  as  may  be  necessary  for  the  proper  construction, 
maintenance  and  security  of  said  road;  and  for  construct- 
ing shops,  depots  and  other  suitable,  proper  and  convenient 
fixtures,  in  connection  with  and  appurtenances  to  said 
railroad,  may  take  and  have,  use  and  occupy  any  lands 
upon  either  side  of  said  railroad,  not  exceeding  two  hun- 
dred feet  in  depth  from  said  railroad;  said  company  taking 
all  such  lands  by  gift,  purchase  or  condemnation,  and 
making  satisfaction  lor  the  same  as  hereinafter  provided  : 
Provided^  that  this  section  shall  not  be  construed  to  re- 
strict or  prevent  the  construction  of  public  roads  or  rail- 
roads across  the  road  of  said  company  when  deemed  ex- 
pedient, but  not  so  as  to  materially  impair  or  obstruct  the 
same. 

§  3.  The  said  company,  and  under  their  direction,  state  lanis,  &c. 
their  agents,  servants  and  workmen,  are  hereby  authorized 
and  empowered  to  enter  into  and  upon  the  lands  and 
grounds  of  or  belonging  to  the  state,  to  any  person  or 
persons,  body  politic  or  corporate,  and  survey  and  take 
levels  of  the  same,  or  any  part  thereof,  and  to  set  out  and 
ascertain  such  parts  as  they  shall  think  proper  and  neces- 
sary and  proper  for  the  making  of  said  railroad,  with  one 
or  more  sets  of  tracks  or  rails;  and  for  all  the  purposes 
connected  with  said   railroad  for  which    said   corporation 


1852.  110 

by  the  last  preceding  section  is  authorized,  to  have,  take 
and  appropriate  any  lands,  and  to  fell  and  cut  down  all 
timber  and  other  trees  standing  or  being  within  one  hun- 
dred feet  on  each  side  of  said  line  of  said  railroad;  the 
damages  occasioned  by  the  felling  of  such  trees,  unless 
otherwise  settled,  to  be  assessed  and  paid  for  in  the  man- 
ner hereinafter  provided  for  assessing  and  paying  damages 
for  lands  taken  for  the  use  of  said  railroad  company;  also, 
from  time  to  time,  to  alter,  repair,  amend,  widen  or  enlarge 
the  same,  or  any  of  the  conveniences  above  named,  as 
well  for  carrying  goods,  commodities,  timber  or  other 
things,  to  and  upon  tlie  said  railroad,  for  conveying^ll 
manner  of  materials  necessary  for  tlie  making,  erecting, 
furnishing,  altering,  repairing,  amending  or  enlarging  the 
works  of  or  connected  with  said  road,  and  to  contract  and 
agree  with  the  owner  or  owners  thereof,  for  earth,  timber, 
gravel,  stone  or  other  material,  or  any  article  whatever 
which  may  be  wanted  in  the  construction  and  repair  of 
said  road  or  any  of  its  appurtenances,  the  said  company 
doing  as  little  damage  as  possible  in  the  execution  of  said 
powers  hereby  granted,  and  making  satisfaction  in  the 
manner  hereinafter  mentioned,  for  all  damages  to  be  sus- 
tained by  the  owners  or  occupiers  of  said  land. 

§  4.  The  said  company  shall  have  power  to  take,  re- 
ceive and  hold  all  such  voluntary  grants  and  donations 
of  land  and  real  estate  for  the  purposes  of  said  road  as  may 
or  shall  be  made  to  said  company  to  aid  in  the  construc- 
tion, maintenance  and  accommodation  of  said  road;  and 
said  company  may  contract  and  agree  with  the  owners  or 
occupiers  of  any  land  upon  which  said  company  may  wish 
to  construct  said  road  or  way,  or  which  said  company  may 
wish  to  use  or  occupy,  for  the  purpose  of  procuring  stone, 
sand,  gravel  or  eartfi,  or  other  materials  to  be  used  in  em- 
bankments or  otherwise  in  or  about  the  construction,  re- 
pair or  enjoyment  of  said  road,  or  which  said  company  may 
wish  to  use  or  occupy  in  any  manner,  or  for  any  purpose 
or  purposes  connected  with  said  road,  which  said  company 
is  authorized  or  empowered  by  this  act  to  have  or  appro- 
priate any  lands,  or  to  take  and  receive  grants  and  con- 
veyances of  any  and  all  interests  and  estate  therein,  and  to 
them  and  their  successors  or  assigns,  in  fee  or  otherwise. 
And  in  case  said  company  cannot  agree  with  [the]  owner 
or  owners  or  occupiers  of  sucli  lands  as  aforesaid,  so  as 
to  procure  the  same  by  the  voluntary  act  or  deed  of  such 
owners  or  occupiers  of  sucli  lands  as  atbresaid,  so  as  to 
procure  the  same  by  the  voluntary  act  or  deed  of  such 
owners  or  occupiers,  the  price  and  value  of  such  lands  may 
be  fixed,  estimated  and  recovered  in  the  manner  provided 
for  taking  lands  for  the  construction  of  public  roads,  canals 
and  other  public  works  as  prescribed  by  the  act  relating 


Ill  1853. 

to  the  public  right  of  way,  approved  March  3,  1845;  but 
when  the  owners  or  occupiers,  or  cither  of  them,  of  such 
lands  shall  be  a.  femvie  covert,  non  compos  77ientis,  un- 
known, out  of  the  county  in  which  the  said  lands  or  prop- 
erty wanted  may  lie  or  be  situated,  the  said  company  shall 
pay  the  amount  that  shall  be  awarded  as  due  to  the  last 
mentioned  owners  respectively,  whenever  the  same  shall 
be  lawfully  demanded.  That  to  ascertain  the  amount  to  be 
paid  as  above  to  the  said  owners  or  occupiers  for  lands  and 
materials  taken  for  the  use  of  said  corporation,  it  shall 
be  the  duty  of  the  governor  of  the  state,  upon  notice  given 
to  him  by  the  said  corporation,  to  appoint  three  commis-CommiBsioncrs. 
sioners,  to  be  persons  not  interested  in  the  matter  to  be 
determined  by  them,  to  determine  the  amount  of  damages 
which  the  owners  or  occupiers  of  the  land  or  real  estate  so 
entered  upon  by  the  said  corporation  has  or  have  sustained 
by  the  occupation  of  the  same  ;  and  it  shall  be  the  duty  of 
said  commissioners,  or  a  majority  of  them,  to  deliver  to  said 
corporation  a  written  statement  of  the  award  or  awards 
they  shall  make,  with  a  description  of  the  land  or  other  real 
estate  appraised,  to  be  recorded  by  the  said  corporation  in  Recorded, 
the  circuit  clerk's  office  of  St.  Clair  county,  and  then  the 
said  corporation  shall  be  deemed  to  be  seized  and  entitled 
to  the  fee  simple  of  all  such  lands  and  real  estate,  and  shall 
exercise  over  the  same  all  the  rights,  privileges,  franchises 
and  immunities  in  said  act  contemplated:  Prot^'t/ei^,  that  Proviso, 
notice  by  publication  in  some  newspaper  in  St.  Clair  coun- 
ty shall  be  first  given  for  thirty  days  to  the  owners  or  oc- 
cupiers or  unknown  owners,  as  the  case  may  be,  of  the  in- 
tention on  the  part  of  the  said  corporation  to  apply  to  the 
governor  for  the  appointment  of  commissioners  as  herein 
provided:  And  provided  further,  that  any  appeal  which 
may  be  allowed  under  the  provisions  of  the  act  above  men- 
tioned, or  of  any  general  law  of  this  state,  shall  not  affect 
the  possession  by  said  company  of  any  of  the  lands  apprais- 
ed or  taken  under  this  act ;  and  when  the  appeal  may  be  Appeal. 
taken,  or  writ  of  error  prosecuted  by  any  person  or  per- 
sons other  than  said  company,  the  same  shall  not  be  allow- 
ed, except  on  the  stipulation  of  the  party  so  appealing  or 
prosecuting  such  writ  of  error  that  the  said  company  may 
enter  upon  and  use  the  lands  described  in  the  petition,  or 
required  by  the  said  company  for  the  uses  and  purposes  of 
the  said  road,  upon  said  [company]  giving  bond  and  security,  Boni. 
to  be  approved  by  the  clerk  of  the  circuit  court  of  the 
county  of  St.  Clair,  that  they  will  pay  to  the  party  appeal- 
ing or  prosecuting  such  writ  of  error  all  costs  and  damages 
that  may  be  awarded  against  them  on  the  final  hearing  of 
such  appeal  or  writ  of  error,  within  thirty  days  after  the 
rendition  of  the  same,  or  forfeit  all  right  to  use  the  land 
and  the  way  so  condemned. 


[853.  112 

,1  Block.  §   5.     The  capital  stock  of  said  company  shall  be  fi\e 

hundred  thousand  dollars,  which  may  be  increased  from 
time  to  time,  by  a  vote  of  a  majority  in  interest  of  the 
stockholders  at  their  annual  meeting,  or  at  any  special 
meeting  whicli  may  be  called  for  that  purpose  by  the  di- 
rectors of  said  company,  to  any  sum  not  exceeding  the  en- 
tire amount  expended  on  account  of  said  road;  which  stock 
shall  be  divided  into  shares  of  fifty  dollars  each,  which 
shall  be  deemed  personal  property,  and  which  may  be 
issu(!d,  certified  and  registered,  and  transferred  in  such 
manner  and  at  such  places  as  maybe  ordered  by  the  board 
of  directors,  who  shall  have  power  to  require  the  payn  ent 
of  stock  subscribed  in  the  manner,  and  at  the  time,  and  in 
sucii  sums  as  they  may  direct;  and  on  the  refusal  or  neg- 
lect on  the  part  of  stockholders,  or  any  of  them,  to  make 
payment  on  requisition  of  the  board  of  directors,  the  shares 
of  such  delinquents  may,  after  thirty  days'  public  notice, 
be  sold  at  auction,  under  such  rules  as  the  directors  may 
adopt,  the  surplus  money,  if  any  remains  after  deducting 
the  payment  due,  with  the  interest  and  necessary  cost  of 
sale,  to  be  paid  to  the  delinquent  stockholder.  The  board 
of  directors  herein  named  and  appointed  shall  cause 
books  to  be  opened  for  subscription  to  the  capital  stock  of 
said  company,  at  such  times  and  places,  and  in  such  man- 
ner as  they  may  direct :  Provided.,  that  as  soon  as  fifty 
thousand  dollars  of  bona  fide  subscription  to  said  capital 
stock  shall  be  made,  and  five  per  cent,  thereon  paid  in,  it 
shall  be  lawful  for  said  corporation  to  commence  the  con- 
struction of  said  road. 

;ors.  §   6.     All  the  corporate  powers  of  said  company  shall 

be  vested  in  and  exercised  by  a  board  of  directors,  to 
consist  of  not  less  than  seven  nor  more  than  seventeen  in 
number,  and  such  other  officers,  agents  and  servants  as 
they  shall  appoint.  The  first  board  of  directors  shall  con- 
sist of  George  Trumbull,  Edward  Pittman,  John  Murray, 
Russell  Hinkley,  Simon  Eimer,  Henry  Goedking,  Edward 
Omelveny,  George  Postel,  Humphrey  B.  Jones,  H.  S. 
Osburn,  Jos.  J  .Swanwick,  John  Sclieel,  George  Low,  A. 
D.  Hay  and  P.  E.  Hosmer,  who  shall  hold  their  offices 
until  their  successors  are  elected  and  qualified.  Vacan- 
cies in  the  board  may  be  filled  by  vote  of  two-thirds  of  the 
directors  remaining;  such  appointees  to  continue  in  office 
till  the  next  regular  annual  election  of  directors  is  held, 
and  which  said  annual  election  of  directors  shall  be  held 
on  the  first  Monday  in  September  in  each  year,  at  the  office 
of  the  company — thirty  days' notice  being  given  in  a  news- 
paper published  at  Belleville. 

§  7.  At  any  election  held  for  the  election  of  directors, 
each  share  of  stock  shall  be  entitled  to  one  vote,  to  be  giv- 
en either  in  person  or  by  proxy,  and  the  person  receiving 


113  1853. 

the  largest  number  of  votes  to  be  declared  duly  elected, 
and  to  hold  their  offices  until  the  next  annual  election,  and 
until  their  successors  are  elected  and  qualified.  All  elec- 
tions to  be  conducted  by  three  judges,  to  be  selected  by 
the  stockholders  present. 

§   8.     Tiie  office  of  said  company  shall  be  located  in  the  i-ocatiou. 
city  of  Belleville,  and  the  directors  herein  named    are  re- 
quired to  organize   their  board  by  electing  one   of  their 
number   president,    and    by    appointing   a   secretary    and 
treasurer. 

§  9.  Said  company  shall  have  power  to  purchase  with '''aciiincs,  &c. 
the  funds  of  the  company,  and  contract  for  and  place  on 
the  railroad  hereby  authorized  to  be  constructed,  all  ma- 
chines, wagons,  carriages  and  vehicles  of  any  description, 
which  they  may  deem  necessary  and  proper  for  the  pur- 
pose of  transportation  on  said  railroad,  and  they  shall  have 
power  to  charge  for  tolls  and  transportation,  and  rates  of 
fare,  such  sums  as  shall  be  lawfully  established  by  the  by- 
laws of  said  company,  not  to  exceed . 

^  10.  The  said  company  hereby  chartered  shall  be^r°'"°!''*^?"'' "* 
required  to  keep  and  use  a  sufficient  number  of  locomo-  port. 
lives,  passenger  and  freight  cars,  and  the  other  con- 
veniences properly  pertaining  to  a  railroad,  to  carry  and 
transport  all  passengers  and  freight  requiring  transportation 
upon  the  said  road,  and  shall  transport  the  same,  and  shall 
have  the  power  to  make,  ordain  and  establish  all  such  by- 
laws, rules  and  regulations  as  may  be  deemed  expedient 
and  necessary  to  fulfil  the  purposes,  and  carry  into  effect 
the  provisions  of  this  act,  and  for  the  well  ordering  and 
securing  the  affairs,  business  and  interest  of  said  company, 
not  incompatible  with  the  constitution  and  laws  of  this 
state. 

§  11.  The  said  board  of  directors  shall  have  power  to  Transportation. 
regulate  the  manner  of  transportation  of  persons  and  pro- 
perty, the  width  of  track,  the  construction  of  wheels, 
the  form  and  size  of  oars,  the  weight  of  loads,  and  all 
other  matters  and  things  respecting  the  use  of  said  road 
and  the  conveyance  and  transportation  of  persons  and 
property  thereon. 

§  12.  Whenever  it  shall  be  necessary  for  the  construe- mtei-sections. 
tion  of  said  railroad  to  intersect  or  cross  a  track  of  any 
other  railroad,  or  any  stream  of  water  or  water  course,  or 
any  road  or  highway  lying  on  the  route  of  said  road,  it 
shall  be  lawful  for  the  company  to  construct  their  rail- 
road across  or  upon  the  same  :  Provided,  that  the  said 
company  shall  restore  the  railroad,  stream  of  water,  water 
course,  road  or  highway  thus  obstructed  or  crossed,  to  its 
former  state,  or  in  a  sufficient  manner  not  materially  to 
impair  its  usefulness. 
[H] 


1853. 


114 


Union  with  other 


§  13.  The  said  cotnpanj'  shall,  annually  or  semi-annu- 
ally, make  such  dividends  as  they  may  deem  proper  of  the 
net  profits  and  receipts  of  income  of  said  company  among 
the  stockholders  therein,  in  proper  proportion  to  their 
their  respecti^  e  shares. 

§  14.  The  said  company  shall  have  power  to  dig,  or 
mine  stone  coal  upon  their  own  lands  within  five  miles  of 
the  Ime  of  their  road,  and  to  construct  necessary  branch 
roads  to  such  mines,  for  the  purpose  of  transporting  their 
coal,  and  for  no  other  purpose  whatever. 

§  15.  The  said  company  may  accept  subscriptions  to 
the  stock  of  said  road  from  the  city  of  Belleville,  and  the 
county  of  St.  Clair,  or  any  other  county  through  which 
the  said  road  runs,  or  either  of  them,  to  an  amount  not  to 
exceed  twenty-five  thousand  dollars  each;  and  for  the  pur- 
pose of  raising  the  amount  so  to  be  by  them  subscribed, 
the  said  city  of  Belleville,  by  her  corporate  autliorities, 
and  the  said  county  of  St.  Clair,  are  hereby  authorized 
and  empowered  to  borrow  any  sum  not  exceeding  twenty- 
five  thousand  dollars,  each  payable  at  such  times  and  places 
and  in  such  sums  and  witli  such  rate  of  interest  as  may 
be  agreed  upon,  and  may  issue  their  city  and  county  bonds 
therefor,  under  their  respective  seals. 

§  16.  If  any  person  shall  do  or  cause  to  be  done,  or 
aid  in  doing  or  causing  to  be  done,  any  act  or  acts  what- 
ever, whereby  any  building  or  construction  or  work  of  said 
company,  or  any  machine  or  structure,  or  any  matter  or 
any  thing  appertaining  to  the  same,  shall  be  stopped,  ob- 
structed, impaired  or  weakened,  injured  or  destroyed,  the 
person  or  persons  so  offending  shall  be  guilty  of  a  misde- 
meanor, and  may  be  punished  upon  conviction  by  fine  in 
any  sum  not  exceeding  five  hundred  dollars,  or  by  impri- 
sonment not  exceeding  five  years,  or  by  both,  at  the  dis- 
cretion of  the  court,  and  shall  forfeit  and  pay  to  the  said 
corporation  treble  the  amount  of  damages  sustained  by 
reason  of  such  offence  or  injury,  to  be  recovered  in  the 
name  of  said  company,  with  costs  of  suit,  in  an  action  of 
trespass  before  any  justice  of  the  peace  of  this  state,  or 
before  any  court  having  jurisdiction  thereof. 
5   17.     ""         ■■  ■    ■■■ 


The  said  company  shall  have  power  to  cross,  in- 

join,    and  unite  its  road  with  any  other   railroad 

^gally  chartered,  at  any  point  upon 


be  h 


roaas.  tcrsect, 

now  or  hereafter  to 

the  line  of  the  road  authorized  to  be  constructed  under 
the  provisions  of  this  act,  with  the  necessary  turn-outs  and 
siding  switches,  and  other  conveniences  in  furtherance  of 
the  object  of  its  connections,  upon  such  terms  as  may  be 
mutually  agreed  upon  by  the  respective  parties. 
Power  to  borrow  §  18,  Said  Company  is  hereby  authorized  from  time  to 
money.  time  to  borrow  such  sum  or  sums  of  money  as  may  be  ne- 

cessary for   completing  and  furnishing  or  operating  their 


115  1853- 

said  railroad,  and  to  issue  and  dispose  of  their  bonds  in  de- 
nominations of  not  less  than  five  hundred  dollars  for  any 
amount  so  borrowed,  and  to  mortgage  their  corporate  pro- 
perty and  franciiise^^  or  convey  the  same  by  deed  of  trust, 
to  secure  the  payment  of  any  debt  contracted  by  said  com- 
pany for  the  purposes  aforesaid;  and  the  directors  of  said 
company  may  confer  on  any  bond-holder  of  any  bond  issued 
for  money  borrowed  as  aforesaid,  the  right  to  convert  the 
principal  due  or  owing  thereon  into  stock  of  said  company, 
at  any  time  not  exceeding  ten  years  from  the  date  of 
the  bond,  under  such  regulations  as  the  directors  of  said 
company  may  see  fit  to  adopt;  and  all  sales  of  bonds  for 
less  than  their  par  value  shall  be  good  and  valid  and  as 
binding  upon  said  corporation  as  if  the  same  were  sold  for 
the  full  amount  thereof. 

§    19.     The  said  corporation   hereby  chartered  shall  be  ^''^''* ''''*""'• 
required  to  construct  and  operate  their  said  road  accord- 
ing to  the  terms  of  this  charter,  within  five  years  from  the 
passage  of  this  act,  which  shall  be  taken  and  received  as 
a  public  law  in  all  courts  and  places  whatsoever. 

§  20.  The  said  company  shall  carry  and  transport  the  u.  s.  mail, 
mail  of  the  United  States  on  such  terms  as  may  be  agreed 
upon,  and  all  such  freights  and  passengers  as  may  be  of- 
fered, if  required  so  to  do,  on  the  terms  usual  with  like 
railroad  companies,  and  they  may,  by  their  president  or 
other  officers  and  agents,  sell,  dispose  of,  or  negotiate 
bonds  or  stocks  of  said  company,  for  such  prices  and  at 
such  rates  as  in  their  opinion  will  best  advance  the  in- 
terest of  said  company;  and  if  such  bonds  or  stocks  are 
thus  sold  at  a  discount  such  sale  shall  be  as  valid  and 
binding  in  every  respect  as  if  sold  at  par  value. 

§   21.     This  act  to  be  in  force  from  and  after  its  passage. 

Approved  February  10,  1853. 


AN  ACT  to  incorporate  the  Belleville  and  Murphysboro  Railroad  Company,  in  force  Tvb.  6, 
and  for  other  purposes.  1863. 

Section  1.  Be  it  enacted  hy  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Assembly,  That  John  corporauw., 
A.  Wilson,  William  Rosborough,  Thomas  McClonkin,  James 
A.  Foster,  A.  M.  Allen,  Joseph  B.  Holmes,  James  H.  Lucas, 
Alexander  Kayser,  R.  B.  Stewart,  James  Harrison,  John 
Cavender,  Charles  P.  Choteau,  William  M.  Morrison,  Sam- 
uel B.  Chandler,  William  W.  Roman,  William  C.  Kinney, 
John  Reynolds,  Lorenzo  P.  Sanger,  Daniel  D.  Page,  J.  B. 
Brown,  William  Truesdail,  J.  N.  Pearce,  B.  S.  Gray,  A.J. 


1853.  116 

Kuykendall,  Cyrus  Thomas,  James  M.  Morgan,  John  A. 
Logan,  William  H.  Snyder,  Henry  D.  Bacon,  and  such  oth- 
er persons  as  may  associate  with  ihemSpr  that  purpose,  are 
hereby  made  and  constituted  a  body'O^rporate  and  politic, 

style.  l^jy  |}^g  name  and  style  of  th.e  "Belleville  and  Murphysboro 

Railroad   Company,'''"  with   perpetual  succession;  and   by 

ueiierai  powers;  that  name  and  style  siiall  be  capable  in  law  of  taking,  pur- 
chasing, holding,  leasing,  selling  and  conveying  estate  and 
property,  wheflier  real,  personal  or  mixed,  so  far  as  the 
same  may  be  necessary  for  the  purposes  hereinafter  men- 
tioned, and  no  farther;  and  in  their  corporate  name  may- 
sue  and  be  sued,  have  a  common  seal,  v/hich  they  may  alter 
or  renew  at  pleasure,  and  may  have  and  exercise  all  pow- 
ers, rights,  privileges  and  immunities  which  are  or  may  be 
necessary  to  carry  into  effect  the  purposes  and  objects  of 
this  act,  as  the  same  are  hereafter  set  forth. 

Objects.  §   2.     The  Belleville  and  Murphysboro  Railroad  Core- 

pany  shall  have  full  power  and  authority  to  locate,  and  from 
time  to  time  to  alter,  change,  relocate,  construct,  recon- 
struct and  fully  to  finish,  perfect  and  maintain  a  railroad, 
with  one  or  more  tracks,  commencing  at  Belleville,  in  the 
county  of  St.  Clair,  and  running  from  thence,  on  the  most 
eligible  route,  through  Athens,  Sparta,  Murphysboro,  to  the 
Illinois  Central  Railroad,  at  a  point  to  be  chosen  by  the 
company,  and  to  transport,  take  and  carry  property  and 
persons  upon  said  railroad,  by  power  or  force  of  steam  or 
of  animals,  or  of  any  mechanical  or  other  power  or  combi- 
nation of  them,  which  said  company  may  choose  to  use  or 
apply  ;  and  for  the  purpose  of  constructing  said  railroad  or 
way,  said  company  shall  have   authority  and  power  to  lay 

iTifUii  ofroari.  out,  designate  and  establish  their  road  in  width  not  exceed- 
ing one  hundred  and  fifty  feet  through  the  entire  line  there- 
of, and  may  take  and  appropriate  to  their  own  use  all  such 
lands  so  designated  for  the  line  and  construction  of  said 
road  upon  first  paying  or  tendering  therefor  such  amount 
of  damage  as  shall  have  been  settled   by  appraisal  in  the 

Ri-iit  of  way.  manner  hereinafter  provided,  on  all  such  lands  as  may  be 
taken,  or  upon  any  track  wliich  may  be  located  by  said 
company  ;  and  for  the  purpose  of  cuttings  and  embank- 
ments, and  for  the  obtaining  of  stone,  sand  and  gravel,  may 
take  and  appropriate  as  much  more  of  land  as  may  be  ne- 
cessary for  the  proper  construction,  maintenance  and  se- 
curity of  said  road;  and  for  constructing  shops,  depots  and 
other  suitable,  proper  and^  .convenient  fixtures  in  connec- 
tion with  and  appurtenances  to  said  railroad,  may  take  and 
have,  use  and  occupy  any  lands  upon  either  side  of  said 
railroad,  said  company  taking  all  such  lands  as  gifts,  or 
purchasing  or  making  satisfaction  for  the  same  in  manner 
Proviso.  hereinafter  provided  :  Provided,  that  this  section  shall  not 

be  construed  to  restrict  or  prevent  the  construction  of  pub- 


117  1863. 

lie  roads  or  canals  or  railroads  across  the  road  of  said  com- 
pany when  deemed  expedient,  but  so  as  not  materially  to 
impair  or  obstruct  the  same  :  Provided.,  that  no  reloca-  proviso. 
tion  of  the  said  road  shall  be  made  under  this  section  by 
which  any  of  the  points  herein  named  shall  or  may  be  aban- 
doned. 

§  3.  Said  company,  and  under  their  direction  their  surveys, 
agents,  ser\ants  and  workmen,  are  hereby  authorized  and 
empowered  to  enter  into  and  upon  the  lands  and  grounds 
of  or  belonging  to  the  state,  or  to  any  person  or  persons, 
bodies  politic  or  corporate,  and  survey  and  take  levels  of 
the  same,  or  of  any  part  thereof,  and  to  set  out  and  ascer- 
tain such  j)arts  as  they  shall  think  necessary  and  proper  for 
making  said  railroad,  with  one  or  more  sets  of  tracks  or  rails, 
and  for  all  the  purposes  connected  with  said  road  for  which 
said  corporation,  by  the  last  preceding  section,  is  authori- 
zed to  liave,  take  and  appropriate  any  lands,  and  to  fell 
and  cut  down  all  timber  and  other  trees  standing  or  being 
within  one  hundred  feet  on  each  side  of  said  line  of  said 
railroad.  The  damages  occasioned  by  the  felling  of  such 
trees,  unless  otherwise  settled,  to  be  assessed  and  paid  in 
manner  hereinafter  provided  for  assessing  and  paying  dam- 
ages for  land  taken  for  the  use  of  said  railroad  company; 
and  also  to  make,  build,  erect  and  set  up  in  and  upon  the 
route  of  said  railroad,  or  upon  the  land  adjoining  or  near 
the  same,  all  such  works,  v/ays,  roads  and  conveniences  as 
may  be  requisite  and  convenient  for  the  purposes  of  said 
railroad;  and  also  from  time  to  time  to  alter,  repair,  amend, 
widen  or  enlarge  the  same,  or  any  of  the  conveniences 
above  mentioned,  as  well  for  the  carrying,  conveying  goods, 
commodities,  timber  or  other  things  to  and  upon  said  rail- 
road as  for  carrying  or  conveying  all  manner  of  material 
necessary- for  the  making  and  erecting,  furnishing,  altering, 
repairing,  amending  or  enlarging  the  works  of  or  connect- 
ed with  said  railroad,  and  to  contract  and  agree  with  the 
owner  or  owners  thereof  for  earth,  timber,  gravel,  stone  or 
other  material,  or  any  articles  whatever  whicii  may  be  want- 
ed in  the  construction  or  repair  of  said  railroad  or  any  of 
its  appurtenances;  they,  the  said  company,  doing  as  little 
damage  as  possible  in  the  execution  of  said  powers  hereby 
granted,  and  making  satisfaction  in  the  manner  hereinafter 
mentioned  for  all  damages  to  be  sustained  by  the  owners 
or  occupiers  of  said  land. 

§  4.  The  said  company  shall  have  povv'er  and  a uthori- Real  estate. 
ty  to  receive,  take  and  hold  all  such  voluntary  grants  and 
donations  of  land  and  real  estate  for  the  purposes  of  said 
railroad  as  may  or  shall  be  made  to  said  company  to  aid  in 
the  construction,  maintenance  and  accommodation  of  said 
railroad  ;  and  said  company  may  contract  and  agtee  with 
the  owners  or  occupiers  of  any  land  upon  which  said  com- 


1853.  118 

pany  may  wish  to  construct  said  railroad  or  way,  or  which 
said  company  may  wish  to  use  or  occupy,  for  the  purposes 
of  procuring  stone,  sand  or  gravel,  earth  or  otlier  material 
to  be  used  in  embankments,  or  otherwise  in  or  about  the 
construction,  repair  or  enjoyment  of  said  railroad,  or  which 
said  comj)any  may  wish  to  use  or  occupy  in  any  manner 
or  for  any  ])urj)Ose  or  purposes  connected  witii  said  rail- 
road, I'or  wliich.  said  company  is  em})owered  or  autliorized 
by  this  act  to  take,  have  or  approjiriate  any  lands,  and  to 
receive  and  take  g)ants  and  conveyances  of  any  and  all 
interests  and  estates  therein,  aiid  to  them  and  to  their  suc- 
cessQrs  or  assigns,  in  fee  or  otherwise;  and  in  case  said  com- 
pany cannot  agree  with  such  owner  or  occupiers  of  such 
lands  as  aforesaid  so  as  to  procure  the  same  by  the  volun- 
tary deed  or  act  of  such  owners  or  occupiers  thereof,  or  if  the 
owners  or  occupiers,  or  any  or  eitiier  of  them,  be  ?ift'mme  co- 
vert, infant,  nun  compos  mentis^  unknown  or  out  of  the  coun- 
ty in  wliich  the  lands  or  property  wanted  may  lie  or  be  sit- 
uate, the  same  may  be  taken  and  paid  for,  if  any  damages 
are  allowed,  in  the  manner  provided  for  in  an  "An  act  to 
provide  for  a  general  system  of  railroad  incorporations," 
approved  November  5,  1849,  and  the  final  decision  or  award 
shall  vest  in  the  corporation  hereby  created  all  the  rigiits, 
privileges,  franchises  and  immunities  in  said  act  contem- 
vtso...  plated  :  Jind provided^  that  any  appeal  that  may  be  allow- 

ed under  the  provisions  of  tlie  act  above  recited,  or  by  vir- 
tue of  any  general  law  of  this  state,  shall  not  affect  the  })0S- 
session  by  said  company  of  the  land  appraised;  and  when 
the  appeal  may  be  taken  or  writ  of  error  prosecuted  by  any 
person  or  persons  other  than  the  said  company,  the  same 
shall  i.ot  be  allowed  except  on  the  stipulation  of  the  party 
so  appealing  or  prosecuting  such  writ  of  error  tliat  the  said 
company  may  enter  upon  and  use  the  lands  described  in 
the  petitioii  for  the  uses  and  purposes  therein  set  ibrth  upon 
said  company  giving  bond  and  security,  to  be  approved  by 
the  clerk  of  said  court,  that  they  will  pay  to  the  i>arty  so 
appealing  or  prosecuting  such  wi'it  of  error,  all  costs  and 
damages  that  may  be  awarded  against  them  on  the  final 
hearing  of  such  appeal  or  writ  of  error,  within  thirty  days 
afte^  the  rendition  thereof,  or  forfeit  all  right  to  use  the  land 
or  way  t>o  condemned. 
.•Kuisocii  §  ^-     '^'^^  capital  stock   of  said    comjjany  shall  be  one 

million  dollars,  which  may  be  increased  from  time  to  time 
by  a  vote  of  a  majority  in  interest  of  the  stockholders,  at 
their  annual  meeting,  or  at  any  special  meeting  that  may  be 
called  for  that  purpose  by  the  directors  of  said  company, 
to  any  sum  not  exceeding  the  estimated  cost  of  construct- 
ing and  equipping  said  road;  which  stock  shall  be  divided 
into  shares  of  fifty  dollars  each,  which  shall  be  deemed  per- 
sonal property,  and  be  issued,  certified,  transferred  and 


119  1853. 

registered  in  such  manner  and  at  such  places  as  may  be 
ordered  and  provided  by  the  board  of  direclor.s,  who  shall 
have  power  to  require  the  pajment  of  stock  subscribed  in 
the  manner  and  at  the  time  and  in  such  sums  as  they  may 
direct ;  and  on  the  refusal  or  neglect  on  the  part  of  stock- 
holders, or  any  of  them,  to  make  payment  on  the  requisi- 
tion of  the  board  of  directors,  the  shares  of  such  delinquents 
may,  after  thirty  days'  public  notice,  be  sold  at]niblic  auc- 
tion under  such  rules  as  tlie  directors  may  adopt,  the  sur- 
plus money,  if  any  remains  after  deducting  the  payment 
due,  with  the  interest  and  the  necessary  costs  of  sale, 
to  be  paid  to  the  delinquent  stockholder.  The  board  of 
directors  hereinafter  named  and  appouited  s'.iall  cause  books 
to  be  opened  for  subscriptions  to  the  capital  stock  of  said 
company  at  such  times  and  places,  and  in  such  manner  as 
they  shall  direct  :  Provided,  that  as  soon  as  two  hundred 
thousand  dollars  o^  bona  fide  subscription  shall  be  made  to 
said  capital  stock,  and  twenty-five  per  cent,  thereon  paid, 
it  shall  be  lawful  for  said  company  to  comuience  the  con- 
struction of  said  road. 

§  6.  All  the  corpoate  powers  of  said  company  sl.ail  be  pjj.^^.,,^^ 
vested  in  anj  exercised  by  a  board  of  directors,  to  consist 
of  not  less  than  seven  nor  more  than  seventeen  in  number, 
and  such  other  officers,  agents  and  servants  as  they  shall 
ap])oir.t.  The  first  board  of  directors  shall  consist  of  John 
A.  Wilson,  William  Rosborough,  A.  J.  Kuykendall,  Loren- 
zo P.  Sanger,  John  A.  Logan,  John  Cavender,  Henry  D. 
Bacon,  W^illiam  W.  Roman,  James  W.  Hughes,  William  C. 
Kinney,  Samuel  B.  Chandler,  Wiliam  Truesdaii,  Hart  L. 
Stewart,  who  shall  hold  tlieir  offices  until  their  successors 
are  elected  and  qualified.  Vacancies  in  the  board  may  be 
filled  by  vote  of  two-thirds  of  the  directors  remaining;  such 
appointees  to  continue  in  office  until  the  next  regular  an- 
nual election  of  directors,  which  said  annual  election  shall 
be  held  on  the  first  Monday  in  October  in  each  year,  at 
such  place  as  the  directors  may  direct,  on  said  line,  thirty 
days'  notice  being  given  in  two  newspapers  printed  along 
the  line  of  said  road.  The  office  of  said  company  shall  be 
located  in  the  city  of  Belleville. 

§  7.  At  any  election  held  for  directors,  each  share  of  votes. 
stock  shall  be  entitled  to  one  vote,  to  be  given  either  in 
person  or  by  proxy,  and  the  person  receiving  the  largest 
number  of  votes  to  be  declared  duly  elected,  and  hold  their 
office  until  the  next  annual  election,  and  until  their  succes- 
sors are  are  elected  and  qualified.  All  elections  for  direc- 
tors to  be  conducted  by  three  judges,  selected  by  the  stock- 
holders present. 

§   8.     The  directors  herein  named  are  required  to  organ-  organization 
ize  the  board  by  electing  one  of  their  number  president,  and 
by  appointing  a  secretary  and  treasurer. 


1853. 


120 


Maaiin.'s,  &c. 


Transportation. 


IntersfcUons. 


§  9.  Said  company  shall  have  power  to  purchase  with 
the  funds  of  the  company,  and  contract  for  and  place  on  the 
railroad  hereby  autliorized  to  be  constructed,  all  machines, 
w^agons,  carriages  and  vehicles  of  any  description  wliich 
they  may  deem  necessary  and  proper  for  the  purposes  of 
transportation  on  said  railroad  ;  and  they  shall  have  power 
to  charge  for  tolls  and  transportation  and  rates  of  fare  such 
sums  as  shall  be  lawfully  established  by  the  by-laws  of  said 
company. 

§  10.  Said  company  shall  have  power  to  make,  ordain 
and  establish  all  such  by-laws,  rules  and  regulations  as  may 
be  deemed  expedient  and  necessary  to  fulfil  the  purposes 
and  carry  into  effect  the  provisions  of  this  act,  and  for  the 
well  ordering  and  securing  the  affairs,  business  and  inter- 
ests of  said  company  :  Provided,  that  the  same  be  not  re- 
pugnant to  tlie  constitution  and  laws  of  tlie  United  States 
or  of  this  state. 

§  11.  The  said  board  of  directors  shall  have  power  to 
regulate  the  manner  of  transportatiou  of  persons  and  pro- 
perty, the  width  of  track,  the  construction  of  wheels,  the 
form  and  size  of  cars,  the  weight  of  loads,  and  all  other 
matters  and  things  respecting  the  use  of  said  road  and  the 
conveyance  and  transportation  of  persons  and  property 
thereon. 

§  12.  Whenever  it  shall  be  necessary  for  the  construc- 
tion of  said  railroad  to  intersect  nr  cross  a  track  of  any 
other  railroad,  or  any  stream  of  water,  or  water  course,  or 
road,  highway,  lying  on  the  route  of  said  road,  it  shall  be 
lawful  for  the  company  to  construct  their  railroad  across 
or  upon  the  same  :  Provided,  that  the  said  com})any  shall 
restore  the  railroad,  stream  of  water,  water  course,  road 
or  highway  thus  intersected  or  crossed,  to  its  former  state, 
or  in  a  sufficient  manner  not  materially  to  impair  it  use- 
fulness. 

^  13.  The  said  company  shall  annually  or  semi-annu- 
ally make  such  dividend  as  they  may  deem  proper,  of  the 
net  profits,  recei})ts  or  income  of  said  company,  among  the 
stockholders  therein,  in  proper  proportions  to  their  respec- 
tive shares. 

§  14.  If  any  person  shall  do  or  cause  to  be  done,  or  aid 
in  doing  or  causing  to  be  done,  any  act  or  acts  whatever, 
whereby  any  building,  or  construction  or  work  of  said  com- 
pany, or  any  engine,  machine,  or  structure,  or  any  matter 
or  thing  appertaining  t(i  the  sanu  ,  shall  be  stopped,  ob- 
structed, impaired  or  weakened,  injured  or  destroyed^  the 
person  or  persons  so  oilending  shall  be  guilty  of  misde- 
meanor, and  may  be  punished,  upon  conviction,  by  fine,  in 
any  sum  not  exceeding  one  thousand  dollars,  or  by  impris- 
onment, not  exceeding  five  years,  or  both,  at  the  discretion 
of  the  court,  and  shall  forfeit  and  pay  to  said   corporation 


121  1853. 

treble  the  amount  of  damages  sustainod  by  reason  of  such 
offence  or  injury,  to  be  recovered  in  the  name  of  said  the 
company,  witli  costs  of  suit,  in  an  action  of  tres])ass,  be- 
fore any  justice  of  the  peace  of  this  state,  or  before  any 
court  having  jurisdiction  tliereof. 

§  15,  Said  company  are  hereby  autliorized  to  borrow P'^er to  borrew 
money,  from  time  to  time,  on  the  credit  of  the  company,  at 
any  rate  of  interest  not  exceeding  seven  per  cent,  per  an- 
num, as  maybe  agreed  on  between  the  parties,  for  the  sole 
purpose  of  construciing  said  road,  and  furnishing  the  same 
with  cars,  locomotives  and  other  macliinery  necessary  to 
carry  on  the  operations  of  said  company,  and  may  issue  its 
corporate  bonds  tlierefor  in  denominations  of  not  less  than 
five  hundred  dollars,  and  to  secure  the  payment  thereof, 
witii  the  interest  that  may  accrue  thereon,  may  mortgage 
their  corporate  property  or  franchises,  or  convey  the  same 
by  deed  of  trust  for  said  purposes  ;  and  they  may,  by  their 
president  or  other  officers  or  agents,  sell,  dispose  of,  or 
negotiate  such  bonds  or  stocks  of  said  company,  at  such 
times  and  places,  either  within  or  without  the  state,  and  at 
such  rates  and  for  such  prices  as  in  their  opinion  will  best 
advance  the  interest  of  said  company  ;  and  if  such  bonds 
and  stocks  are  thus  sold  at  a  discount,  such  sale  shall  be 
as  valid  and  binding  in  every  respect  as  if  sold  at  par  val- 
ue; and  the  directors  of  said  company  may  confer  on  any 
bond-holder  of  any  bond  issued  for  money  borrowed  as 
aforesaid,  the  right  to  convert  the  principal  due  or  owing 
thereon  into  stock  of  said  company,  at  any  time  not  ex- 
ceeding ten  years  from  the  date  of  the  bond,  under  such 
regulations  as  the  directors  of  said  company  may  see  fit  to 
adopt. 

§    16.     The  certificate  of  the  secretary  of  said  company,  certificate  of  spc- 
under  the  corporate  seal  thereof,  shall  be  received   in  all  [dmce.*"  ^^  *^" 
courts  of  justice  and  elsewhere   as   evidence   of  the  regu- 
lar organization  of  said  company  under  its   charter,  and  of 
any  act  or  order  of  the  board  of  directors  of  said  company. 

§    17.     Said  company  shall  carry  and  transport  the  mail  unite.i      states 
of  the  United  States  on  such  terms  as  may  be  agreed,  and  ™*'' 
all  such  freights  and  passengers  as  may  be  offered,    if  re- 
quired so  to  do,  on  the  terms  usual  with  like  railroad  com- 
panies 

§  IS.  Said  company  hereby  chartered  shall  be  required  ^«s'^''''=*'°° 
to  construct  and  operate  their  said  road  throughout  the 
entire  line  thereof,  according  to  the  terms  of  this  charter, 
within  seven  years  after  the  work  shall  be  commenced 
thereon,  and  upon  failure  so  to  do  shall  forfeit  all  rights 
and  privileges,  tracks  completed  and  work  done  upon  said 
road. 

§    19.     All  the   stockholders  of  said   company   shall  be  i°'i''''J"ai  i»»t»- 
severally  individually  liable  to  the  creditors  of  said  com- 


1853. 


pany  to  an  amount  equal  to  the  amount  of  stock  held  by 
thein  respectively,  and  for  all  debts  and  contracts  made  by 
said  company,  until  tiie  whole  amount  of  capital  stock  fixed 
and  limited  by  said  company,  or  by  this  act,  sliall  have 
been  paid  on,  and  shall  be  jointly  and  severally  liable  for 
all  debts  tliat  may  be  due  and  owing  to  any  and  all  their 
laborers,  servants  and  apprentices,  for  services  performed 
for  said  company,  but  shall  not  be  liable  to  an  action  there- 
for before  an  execution  shall  be  returned  unsatisfied,  in 
whole  or  in  part,  against  said  company,  and  then  the 
amount  due  on  said  execution  shall  be  the  amount  recov- 
erable, with  costs,  against  said  stockliolders. 

§  21.  This  act  shall  be  deemed  and  taken  as  a  publio 
act,  and  shall  be  in  force  from  and  after  its  passage. 

Approved  February  8,  1853. 


In  force  Feb.  12,       AN  ACT  to  incorporate  the  Madison  and  Clinton  Railroad  Company. 


ObJC'CtB. 


Section  1.  Be  it  enacted  by  the  j^cople  of  the  state  of 
Illinois^  represented  in  the  General  Assembly^  Tiiat  Sol- 
omon Keopfle,  Joseph  Suppinger,  Gossit  Crownover,  Cur- 
tis Blakeman,  Daniel  Ground,  George  T.  Alien,  Joseph 
Gillespie,  Andrew  Mdler,  William  T.  Bi'own,  Frederick  T. 
Kroft,  Samuel  Wade,  Amasa  S.  Barry,  Benjamin  K.  Hart, 
Sam'iel  A.  Buckmaster,  and  tlieir  associates  and  successors, 
are  hereby  made  and  constituted  a  body  corporate  and 
politic,  by  the  name  and  style  of  "The  Madison  and  Clin- 
ton Railroad  Company,"  with  perpetual  succession,  and 
by  that  name  and  style  shall  be  capable  in  law  or  equity 
of  sueing  or  being  sued,  and  pleading  or  being  im))leaded, 
in  any  suit  in  law  or  equity  in  this  state,  and  of  taking, 
purchasing,  holding,  leasing,  selling  and  conveying  estate 
or  property,  whether  real,  personal  or  mixed,  so  far  as  the 
same  may  be  necessary  for  the  purposes  hereinafter  men- 
tioned, and  no  further  ;  may  have  a  common  seal,  wiiich 
they  may  alter  or  renew  at  pleasure;  and  may  have  and  exer- 
cise all  the  powers,  rights,  privileges  and  immunities  which 
are  or  may  be  necessary  or  proper  to  carry  into  effect  the 
purposes  or  objects  of  this  act,  as  hereinafter  set  forth. 

^  2.  The  Madison  and  Clinton  Railroad  Company  shall 
have  full  power  and  authority  to  locate,  construct,  finish 
and  maintain  a  railroad,  with  one  or  more  tracks,  com- 
mencing at  some  suitable  point  at  or  near  tiie  town  of  Mil- 
ton, on  Wood  river,  in  Madison  county,  Illinois,  and  running 
from  thence  to  a  point  on  the  Ohio  and  Mississippi  Rail- 
road, at  or  near  where  the  said  last  mentioned  road  crosses 
Siioal  Creek,  in  Clinton  county,  and  by  way  of  the  towns 


123  1853. 

of  Edwardsville  and  Highland,  in  Madison  county  afore- 
said, and  upon  the  most  eh'gible  route,  and  to  take  and 
carry  property  and  persons  upon  said  railroad,  by  power 
or  force  of  steam  or  animals,  or  any  mechanical  or  other 
power,  or  combination  of  them,  which  said  company  may 
choose  to  U5c  or  apply;  and  for  the  purpose  of  construct- 
ing said  railroad,  said  company  shall  have  authority  and 
power  to  lay  out,  designate  and  establish  their  road,  in  widthofroarf. 
width  not  exceeding  two  hundred  feet,  through  tiie  entire 
routp  thereof;  they  may  take  and  appropriate  to  their  own 
use  all  such  lands  so  designated  for  the  line  and  construe- Right  of  way. 
tion  of  said  road,  upon  first  paying  or  tendering  therefor 
the  amount  of  damages  as  shall  have  been  settled  by  ap- 
prai-:al,  in  the  manner  as  provided  for  by  the  general  laws 
of  this  state;  on  all  such  lands  as  may  be  taken  upon  any 
track  upon  which  [said  |  road  may  be  located,  and  for  the 
purpose  of  cuttings  and  embankments,  and  for  the  purpose  of 
obtaining  stone  or  gravel,  may  take  and  appropriate  as 
much  more  land  as  may  be  necessary  for  the  proper  con- 
struction, maintenance  and  security  of  said  road,  and  for 
constructiiig  siiop?,  depots  and  other  suitable  fixtures  as 
appurtenant  to  said  road,  may  take,  have  and  use  any  lands 
on  each  side  thereof,  not  exceeding  three  hundred  feet  in 
width  from  said  road,  said  company  taking  all  such  lands 
as  gifts  or  purcliases,  or  by  making  compensation  therefor 
as  above  provided. 

§  3.  The  said  company  shall  have  full  power  and  au- state  lands.  &c. 
thority  to  enter  upon  any  lands  of  the  state,  or  of  any 
individuals  or  bodies  j)olitic  and  corporate,  and,  by  their 
servants  and  agents,  to  make  the  necessary  surveys  for 
the  location  and  construction  of  said  road,  and  also  for  pro- 
curing the  necessary  sand,  gravel,  timber  and  other  ma- 
terials necessarry  for  the  construction,  use  and  main- 
tenance of  their  road  and  its  appurtenances,  upon  the 
land  so  appropriated  and  to  be  used  for  that  purpose. 

§  4.  The  said  company  shall  have  power  and  authority  Right  of  way- 
to  condemn  as  aforesaid  such  temporary  right  to  any  land 
as  shall  be  thought  necessary,  and  in  estimating  damages 
for  the  right  of  way,  or  other  rights  claimed  under  this  act, 
the  commissioners  or  jury  may  take  into  consideration  the 
benefits  to  be  derived  to  the  owner  from  the  construction 
and  operation  of  said  road,  in  pursuance  of  the  constitution 
and  laws  of  this  stat.'. 

§  5.  The  capital  stock  of  said  company  shall  be  five  capital  stock, 
hundred  thousand  dollars,  with  the  right  to  increase  the 
same  to  an  amount  equal  to  the  cost  of  constructing  and 
equipping  said  road  ;  which  stock  shall  be  divided  into 
shares  of  one  hundred  dollars  each,  which  shall  be  deemed 
personal  property,  and  may  be  issued,  transferred  and  reg- 
istered   in  such  time,   place  and  manner    as  may  be  pre- 


1853. 


124 


scribed  by  said  com[)any,  who  shall  also  provide  the  time 
and  manner  in  whicii  all  subscriptions  of  stock  may  be 
paid,  and  may  authorize  and  conduct  all  actions  and  suits 
at  law  or  in  equity  for  the  recovery  of  such  subscriptions, 
or  instalments  thereof,  as  they  may  deem  necessary,  and  in 
addition,  may  declare  all  stock  upon  which  any  instalment 
is  due  and  unpaid  forfeited,  and  the  same  may  be  trans- 
ferred either  to  said  company  or  to  the  subsequent  purchaser 
thereof;  which  proceeding  may  be  had  upon  and  after  such 
notice  and  the  expiration  of  such  time  as  may  be  provided 
for  by  the  said  company  through  the  board  of  directors. 

§   6.     The  above  named  persons,  or  a  majority  thereof, 
shall  constitute  the  first  board  of  directors  of  said  company, 

President.  ouc    of  whom    shall   be  elected  by  ballot  president  of  the 

board.  The  first  meeting  shall  be  held  at  Edwardsville,  and 
the  subsequent  meetings  at  such  times  and  places  as  may 
be  provided.  Said  directors  shall  hold  their  office  for  one 
year,  and  until  their  successors  shall  be  elected  and  qual- 
ified, and  the  said  board  shall  prescribe  the  time  and  place 
of  such  elections,  and  the  qualifications  of  those  voting 
and  to  be  voted  for  as  directors.  Said  directors  may  clioose  a 
secretary,  Vv^ho  shall  keep  and  preserve  a  correct  record 
of  all  the  proceedings  and  doings  of  said  board,  and  of 
such  duties  as  may  be  required  of  him,  and  the  book  or 
books  in  which  said  records  shall  be  kept  shall  be  ■prima 
facie  evidence  of  the  truth  of  such  records,  in  any  court 
or  place  of  judicature  in  this  state  wherein  said  company 
shall  be  a  party.  Vacancies  in  said  board  may  be  filled 
by  two-thirds  of  the  remaining  members,  until  the  next 
election.  The  said  board  of  directors  at  any  meeting  may 
direct  the  opening  of  books  at  such  time  and  places  and 
in  such  manner  and  upon  such  notice  as  they  may  deem 
advisable,  they  shall  also  have  power  to  prescribe  the 
amount  which  shall  be  paid  in  at  the  time  of  subscrip- 
tion. They  may  also  commence  the  construction  of  said 
road  without  reference  to  the  amount  of  stock  which  may 
be  subscribed  at  the  time  of  such  commencement.      Said 

TFressurer  Company  sliall  also  have  power  to  appoint  a  treasurer  and 

prescribe  his  duties,  and  may  require  a  bond  with  security 
for  the  faithful  performance  of  his  duties  as  such,  which 
shall  be  binding  in  law  or  equity  upon  the  person  entering 

Keguiate tolls &c  into  the  Same.  Said  comj)any  shall  have  power  to  regulate 
the  tolls,  charges  and  rates  for  transportation  of  freight 
and  passengers   upon  the  said  road,  and  may  change  and 

Proviso.  alter  the  same    at   pleasure  :   Provided^  that  due  notice  of 

such  change  shall  be  given  as  prescribed  by  the  said  board. 
Said  company  shall  also  have  ])ower  to  build  or  purchase 
all  necessary  locomotives,  passenger,  freight  and  other 
cars,  or  vehicles  for  the  use  of  said  road,  or  to  hire  or  rent 
the  same  from  other  persons  or  companies. 


125  1853. 

§  7.  Said  company  shall  Iiave  ])ower  to  make,  ordain  By-ia^s. 
and  establish  such  by-laws,  rules  and  regulations,  for  the 
government  of  the  affairs  of  said  corporation,  as  they  may 
deezn  proper  and  not  inconsistent  with  the  constitution  and 
laws  of  this  state,  or  of  the  constitution  of  the  United 
States. 

§   8.     Said  company  shall  have   tlie   right  to  cross  any  intersections, 
other  railroad  or  other  road,  or  highway,  or  water  course,  Zf.'^^    courses, 
in  such  manner  as  not  to  impair  their  usefulness. 

§  9.  Said  company  shall  be  liable  to  taxation  for  state  Liawe to laxatioa 
and  county  purposes  as  other  property  in  this  state,  and 
the  rolling  stock  thereon  shall  be  taxed  in  each  county  for 
county  purposes,  in  proportion  to  the  length  of  the  line  in 
said  county,  and  the  secretary  of  said  company  shall, 
whenever  required  by  the  county  court,  furnish  a  state- 
ment, under  oath,  of  the  cost  of  the  construction  and 
equipment  of  said  road  in  each  county  through  which  it 
passes,  and  the  value  of  the  said  rolling  stock;  upon  which 
oath,  if  false,  perjury  may  be  assigned;  and  no  dividends 
shall  be  paid  on  said  stock  until  a  suffioient  amount  to 
meet  said  taxes  shall  be  set  apart  for  that  purpose. 

§  10.  Any  person  who  shall  do  or  case  to  be  done  any  ppj^^ities. 
mischief  to  said  road,  or  any  car,  machine,  engine,  struc- 
ture, building,  or  other  matter  appertaining  to  said  road, 
or  who  shall  stop  or  obstruct,  or  attempt  to  stop  or  obstruct, 
any  car  or  vehicle  in  motion  or  expected  to  be  in  motion, 
shall  be  punished  by  indictment,  and  fined  in  a  sum  not 
exceeding  one  thousand  dollars,  and  imprisonment  in  the 
penitentiary  not  exceeding  five  years;  and  any  person  who 
shall  maliciously,  by  weakening  any  part  of  said  road  or  its 
fixtures,  or  by  placing  obstructions  thereon,  or  otherwise, 
wilfully  causing  the  same  to  be  dangerous  to  life  or  limb, 
and  shall  thereby  cause  the  death  of  any  person  using  or 
being  carried  on  said  road,  shall  be  deemed  guilty  of  mur- 
der and  punished  accordingly;  and  for  all  ofiences  done  or 
intended  and  not  herein  named,  the  person  so  doing  or 
intending  shall  be  punished  as  now  or  hereafter  may  be 
provided  by  law. 

§  11.  Said  company  is  hereby  authorized  to  unite  its  union  with  other 
road  with  the  A  Iton  and  Terre  Haute  and  Ohio  and  Mississippi  ■"'  '"^'* 
Railroads,  upon  such  terms  as  may  be  mutually  agreed 
upon  by  and  between  them  respectively;  and  in  case  no 
arrangement  can  be  efl'ected  by  agreement  between  the 
company  incorporated  under  this  act,  and  either  of  said 
companies,  the  terms  and  conditions  of  such  union  and  con- 
nection may  be  fixed  by  the  judge  of  the  judicial  circuit  in 
which  the  greater  part  of  said  road  may  be  situated,  and 
either  party  may  have  an  appeal  from  such  decision  to  the 
supreme  court,  in  the  manner  other  appeals  or  writs  of 
error  can  or  may  be  taken. 


1808.  lsJ6 

•■c.«nr  to  borrow      §   1=2-     Tlic  Said  compaiiy  is  hereby  authorized  to  borrow 
uuMi-y.  siicli  sum  or  sums  tjf  rnoiK^y  as  may  be  necessary  for  com- 

pletiii<T  and  oj>erating  said  road,  and  to  issue  and  dispose 
of  their  bonds  in  such  denominations  as  they  may  prescribe, 
at  such  rates  of  interest  or  discount  as  they  shall  deter- 
mine upon,  and  in  such  form  and  upon  such  tt^rms  and 
conditions  as  to  them  shall  seem  best  for  effecting  the 
speedy  completion  of  said  road;  and  tliey  shall  have  the 
rigiit  to  mortgage;  or  in  any  maimer  to  pledge  their  said 
road,  its  property  and  I'iglits  of  every  description,  so  as  to 
secure  the  payment  of  any  sum  or  sums  of  money  borrowed, 
and  they  may  do  all  things  wliich  natural  persons  might  or 
could  do,  for  effecting  this  object,  and  all  such  liens,  mort- 
gages, deeds  of  trust,  or  other  instruments  as  may  be  ex- 
ecuted by  said  company  or  its  authorized  agents,  shall  be 
deemed  and  taken  to  be  valid  and  effectual  in  all  courts 
and  places,  according  to  the  true  intent  of  the  parties 
thereto. 
iforfHitiuoB.  §    13.      No  forfeiture  shall  be  occasioned  by  the  means 

of  non-coinpK'tion  of  the  whole  of  said  road,  but  the  com- 
pany shall  be  perjnitted  to  use  and  ojjerate  so  much  as  they 
have  the  means  to  construct;  and  the  state  of  Illinois  here- 
by surrenders  to  said  company,  to  be  used  for  the  purpose 
of  said  railroad,  and  for  no  other  j)urpose,  alj  the  right, 
title;  atul  interest  slu;  has  In  the  track,  grade,  right  of  way, 
or  other  privileges  or  aj)purtenances  of,  in  or  belonging  to 
Aii.M>  nnii  Mouiitso  mucli  of  tlic  Altou  and  Mt.  Caimel  Railroad  as  lies  be- 
oann.ir.mM.  j^^^.^.^  (^jjg  poiuts  of  termini  of  the  road  authorized  to 
be  constructed  under  this  act;  and  the  said  com})any  is 
hereby  authorized  to  take,  use  and  onjoy,  for  the  purposes 
aforesaid,  all  such  right,  interest,  claim  or  demand  of 
this  state  in  the  work  or  materials  of  the  said  Alton  and 
Mt.  Carmel  Railroad  as  is  now  belonging  or  appertaining, 
to  this  state. 
I'Mweri,.  coniiii-  §  ^'^-  ^'^  ^'-^^^  ^'i^'  Company  incorj)orated  under  this  act 
^'I'^'^^Jll^i" '">' cannot,  upon  suitable  terms,  obtain  from  the  Alton  and 
Terre  Haute  Railroad  Company,  the  right  to  use  so  much 
of  the  road  ami  bridges  of  the  latt(>r  company  as  is  south 
of  Wood  river,  and  ironi  thence  to  the  city  of  Alton,  then 
the  company  incorporated  under  this  act  shall  have  the 
power  to  contiijue  their  road  into    the  said  city. 

§    i6.     The  proceedings  of  the   company  incorporated 

ilSio.'''''^  "'"under  this  act,   in  all   things  necessary  to   enable   them   to 

build,  maintain  and  operate  their  road  jiot  lierein  provided 

for,  shall  be  governed  by  the  gem^ral  internal  improvement 

Jaw  of  this  state,  approved  November  5th,  18  19. 


127  1863. 


§   16.     The  company  incorporated  under  this  act  shall  commencement. 
commence  their  railroad  within  three  years  from  and  after 
the  passage  hereof;  and  this  act  shall  be  deemed  and  taken 
as  a  public   act,  and  shall  be  in  force  from  and   after  its 
passage. 

Approved  February  12,  1853. 


AN  ACT  to  incorporate  the  Decatur  and  IiKlianapoIis  Railroad  Company,  in  force  Feb. 

1853. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  oj 
Illinois^  represented  in  the  General  AHsembly^  That  David  corporators. 
L.  Allen,  Wm.  Martin,  J.  C.  Piigh,  Wm.  S.  Cressey,  Rich- 
ard J.  Oglesby,  Henry  Prather,  T.  H.  Haywood,  W.  D. 
Watson,  John  Rucker,  E.  J.  Howd,  Samuel  Yamale,  J.  J. 
Peddecord,  B.  H.  Cassell  and  J.  R.  Hammett,  their  asso- 
ciates, successors  and  assigns,  be  and  they  are  hereby  con- 
stituted a  body  corporate  and  politic,  under  the  name  and 
style  of  "  Tlie  Decatur  and  Indianapolis  Railroad  Compa- style, 
ny,"  for  the  purpose  of  surveying,  locating,  constructing, 
completing  and  operating  a  railroad,  from  the  town  of  De- 
catur, in  Macon  county,  in  the  state  of  Illinois,  and  thence 
in  a  direct  line,  upon  the  most  eligible  route,  to  the  east 
line  of  the  state  of  Illinois,  in  the  direction  of  Indianapolis, 
in  the  state  of  Indiana,  whenever  the  said  persons,  or  their 
assigns  and  associates,  shall  organize  in  full  compliance 
with  the  provisions  of  an  act  entitled  "An  act  to  provide 
for  a  general  system  of  railroad  incorporations,"  approved 
November  5,  A.  D.  1849. 

§  2.  Said  road,  with  the  points  above  herein  indicated,  objects, 
is  hereby  declared  of  sufficient  public  utility  to  justify  the 
taking  of  private  property  for  the  location,  construction 
and  maintenance  thereof;  and  the  company  is  hereby  au- 
thorized to  take  private  property  for  the  purpose  of  con- 
structing and  maintaining  the  same,  in  the  manner  pre- 
scribed in  the  act  referred  to  as  aforesaid. 

§   3.     Said  company  is  hereby  authorized  and  empowered  un  on  with  ci 
to  unite  and  form  a   junction  with  the  Indiana  and  Illinois  ™"'^* 
Central  Railway  Company,  or  any  other  company  which 
is    or  may    hereafter  be  organized  in  the  state  of  Indiana, 
terminating  on  said  line;  and  also,  to  unite  and  consolidate 
with  the  said  Indiana  and  Illinois   Central   Railway  Com- 
pany, upon  such  terms  and  conditions  as  the  directors  shall 
mutually    agree  upon  ;  and  in  the  event  that  said  compa- 
nies shall  consolidate,  then  and  in   that  case  there  shall  be 
but    thirteen  directors  on  the   whole  line  of  road   so    con-D-ct«M. 
solidated,  and  the  number  to  reside  in  each  state  shall  be 
determinnd  as  in  the  case  of  consolidation. 

§   4.     This  act  shall  be  in  force  from  and  after  its  passage. 
Approved  February  8,  1853. 


1853. 


128 


force  Feb.  12, 
1853. 


Oorporators. 


AX  ACT  to  incorporate  the  Waverley  and  Auburn  Railroad  Company. 

Section  1.  Be  it  enacted  hy  the  people  of  the  state  of 
Illinois^  represented  in  the  General  ,/isscmbly.  That  J.  M. 
Metcalf,  William  Rlioades,  R.  H.  Nelson,  A.  Coe,  W.  Lind- 
ley,  Thomas  Lumer,  George  Carter,  James  W.  Mnnsnn, 
Isaiah  'iurney,  Newton  Cloud,  William  Deatherage,  J.  H. 
Brown,  W.  W.  Hilton,  A.  J.  Turner,  Wm.  A.  Hutchinson,  J. 
W.  Ross,  A.  Edgemon,  C.  J.  Salter,  T.  E.  Curtis,  W.  W. 
Post,  Ciiarley  Hopper,  C.  C.  Sacket  and  Jacob  Wimple, 
their  associates,  successors  and  assigns,  be  and  are  hereby 
constituted  a  body  corporate  and  politic,  under  the  name 
and  style  of  "  The  Waverley  and  Auburn  Railroad  Com- 
pany," for  the  purpose  of  surveying,  locating,  construct- 
ing, completing  and  operating  a  railroad  from  the  town  of 
Waverley,  in  JNIorgan  county,  to  Auburn  depot,  in  Sanga- 
mon county,  whenever  the  said  persons,  or  their  assigns 
and  associates,  shall  organize  in  full  compliance  with  the 
provisions  of  an  act  entitled  "An  act  to  provide  for  a  gen- 
eral system  of  railroad  incorporations,"  approved  5th  No- 


Objects. 


Real  estate. 


Right  of  way. 


§  2.  Any  real  estate  that  may  become  the  property  of 
said  company  under  the  provisions  of  the  preceding  section 
shall  not  extend  over  fifteen  miles  from  the  said  road,  nor 
shall  the  company  hold  such  real  estate  for  a  longer  time 
than  ten  yenrs  after  the  said  road  shall  be  completed  and 
in  running  order. 

§  3.  Said  board,  with  the  points  herein  indicated,  is 
hereby  declared  to  be  of  sufficient  })ublic  utility  to  justify 
the  taking  of  private  property  for  the  location,  construction 
and  maintaining  thereof;  and  the  company  is  hereby  author- 
ized to  take  private  property  for  the  purpose  of  construct- 
ing and  maintaining  the  same  in  the  manner  prescribed  in 
the  act  referred  to  as  aforesaid. 

§  4.  This  act  shall  be  in  force  from  and  after  its  pas- 
sage. 

Approved  February  12,  1853. 


In  force  Kei-.  8,  AN  ACT  to  amend  an  act  entitled  "An  act  grantinf^  a  charter  to  <he  St. 
l^RS.  Charles  Branch  Railroad  Company,"  approved  January  31,  A.  D.  1849, 

and  to  extend  the  same. 


Section  1.     Be  it  enacted  hy  the  people  of  the  state  of 

Namccimngcd.    llUnois,  represented  in  the   General  *^ssemhly,  That  the 

name  of  the  St.  Charles  Branch  Railroad  Company  be  and 

the  same  is  hereby  changed  to  that  of  the  "Chicago,  St. 

Charles  and  Mississippi  Air  Line  Railroad  Company." 


liiy  1853. 

§  2/  Tliat  said  company  are  hereby  authorized  and  em- 
powered to  relocate  and  extend  their  railroad  eastward  Exten>iu„. 
from  St.  Charles  to  the  city  of  Chicago,  or  to  any  point  on 
the  Galena  and  Ciiicago  Union  Railroad  cast  of  said  place, 
or  may  lease  or  purchase  of  said  railroad  company  any  j)or- 
tion  of  their  railroad,  or  may  unite  witli  any  other  railroad 
now  built  or  hereafter  to  be  built  to  Chicago,  and  may  also 
extend  their  railroad  westward  from  St.  Charles  to  the 
Mississippi  river  to  a  point  on  said  river  not  south  of  Al- 
bany nor  north  of  Savanna;  at  which  point,  or  at  anyplace 
east  of  said  river,  may  connect  with  any  other  railroad  now 
built  or  hereafter  to  be  built  either  in  this  state  or  the  state 
ot  Iowa,  and  may  operate  in  conjunction  with  the  same, 
and  may  also  extend  their  said  railroad  from  such  point  on 
said  river  to  Galena. 

§   3.     Tiie  capital  stock  of  said  company  may  be  increa- capita.  >j.ic;i 
sedto  any  sum  not  exceeding  five  millions  of  dollars,  as  may 
be  deemed  necessary  to  complete  the  said  railroad  as  afore- 
said by  the  directors. 

§   4.     The  board  of  directors  of  said  company  may  be  du,- ,„.. 
increased  to  any  number  not  exceeding  thirteen. 

§   5.     The  said  company  are  hereby  authorized,  by  their sm-^.,,,. 
engineers  and  agents,  to  enter  upon  any  lands,  and"  make 
all  necessary  examinations  and  surveys  for  the  location  of 
said  road,  and  shall  be  responsible  only  for  the  actual  dam- 
ages done  to  any  such  lands  or  premises  in  so  doing. 

§  6.  In  all  cases  where  said  company  shall  not  be  able 
to  acquire  the  right  of  way  through  any  lands  or  premises  ^'^"'"^  '" 
which  they  may  wish  to  occupy  for  the  purposes  of  said  rail- 
roador  its  appendages,  by  purchase  or  voluntary  cession, 
the  t^ame  may  be  obtained  in  the  mode  provided  by  the  92d 
chapter  of  tlie  Revised  Statutes  of  this  state,  entitled  "right 
of  way  ;"  or  said  company  may  proceed  to  obtain  such 
right  of  way  by  the  provisions  of  the  22d  section  of  an 
act  entitled  "An  act  to  provide  fora  general  system  of  rail- 
road incorporations,"  passed  November  5th,  A.  D.,  1849, 
and  said  company  shall  be  entitled  to  all  the  beneficial 
provisions  of  said  act,  and  the  amendments  to  the  same, 
or  said  company  may  proceed  to  obtain  such  right  of  way 
by  the  provisions  of  an  act  entitled  "An  act  to'amend  the 
law  condemning  right  of  way  for  the  purposes  of  internal 
improvement,"  in  force  June  22d,  1862,  and  said  company 
shall  be  entitled  to  all  the  beneficial  provisions  of  that  act. 

§  7.  The  said  company  are  authorized  and  empowered  p^^.,.,,  ,,„,. 
to  borrow  from  time  to  time,  such  sum  or  sums  of  money,  ni>i.-.v. 
not  exceeding  the  capital  stock  of  the  company,  as  they 
may  deem  necessary  to  aid  in  the  construction  of  said 
road,  and  to  pay  any  rate  of  interest  therefor  not  exceed- 
ing ten  per  cent,  per  annum,  and  to  pledge  and  mortgage 
the  said  railroad  and  its  appendages,  or  any  part  thereof, 


jyuii'Mt  or  stock 


1853  130 

or  any  other  property  or  effects,  rights,  credits  or  fran- 
chises of  said  company  as  security  for  any  loan  of  money 
and  interest  tliereon,  and  to  dispose  of  the  bonds  issued 
for  such  loan,  at  such  rate  or  on  such  terms  as  the  board 
of  directors  may  determine. 

§  8.  It  shall  be  lawful  for  the  directors  of  said  com- 
pany to  make  calls  for  the  payment  of  sums  subscribed  to 
the  capital  stock  of  said  company,  at  such  time  or  times 
and  in  such  amounts  as  they  siiall  deem  fit,  not  incon- 
sistent with  the  terms  of  the  subscription,  giving  at  least 
not  less  than  thirty  days'  notice  of  each  of  said  calls  in  at 
least  three  public  newspapers  published  in  the  city  of  Chi- 
cago, or  on  the  line  of  said  railroad;  and  in  case  ot  failure 
on  the  part  of  any  stockholder  to  make  payment  of  any 
call  made  by  said  directors  for  sixty  days  after  the  same 
shall  have  been  due  and  unpaid,  the  said  board  of  directors 
are  hereby  authorized  to  declare  said  stock  so  in  arrears, 
and  all  sums  previously  paid  thereon,  forfeited  to  said 
company. 

This  act  shall  be  in  force  from  and  after  its  passage. 

Approved  February  3,  1853. 


Ill  farce  Feb.  1"  AN  ACT  to  change  the  name  and  further  amend  the  charter  of  the  Sanga- 
■1353.  *   "'  mon  and  Morgan  Raihoad  Company. 

Section  1.  Be  it  enacted  hy  the  people  of  the  state  of 
Illinois^  represented  in  the  General  Assembly,  That  the 
xaiii.  changed,  name  of  the  Sangamon  and  Morgan  Railroad  Company  is 
hereby  changed  and  declared  henceforth  to  be  "The  Great 
Western  Railroad  Company,"  and  by  and  under  that  name 
said  corporation  sliall  Jienccforth  be  known  and  have  its 
corporate  existence,  and  hold  and  be  possessed  of  all  the 
ri«Tlits,  powers  and  privileges  granted  to  said  Sangamon 
and  Morgan  Railroad  Company,  in  the  original  charter  of 
said  company,  as  also  under  the  amendments  made  to  said 
charter,  and  shall  be  and  become  invested  with  all  the  pro- 
perty and  estate  of  every  kind  whatsoever  vested  in  the 
name  of  the  said  Sangamon  and  Morgan  Railroad  Compa- 
ny, and  become  liable  to  all  the  restrictions,  contracts  and 
obli<Tations  made  or  incurred  in  their  original  name,  and 
all  suits  now  pending,  or  liabilities  accrued,  or  agreements 
made  in  said  original  name,  shall  proceed  or  continue  to  I 
be  enforced  without  any  delay  on  account  of  said  altera- 
tion, upon  the  suggestion  of  tiie  change  of  name  being  en- 
tered of  record  in  any  court  where  any  such  agreements,, 


131  1853. 

liability  or  right  may  be  now  pending,  or  hereafter  souo-ht 
to  be  enforced,  and  the  Great  Western  Railroad  Company 
shall  be  held  subject  to  each  and  every  act  of  the  le'nsla- 
tiire  having  reference  to  said  Sangamon  and  Morgan llail- 
road  Company,  and  to  repairing  that  portion  of  the  urpau-.-jcr.. 
Northern  Cross  Railroad,  from  Meredosia  to  the  point  of  '■""'"''• 
intersection  by  a  lateral  road,  leading  to  Naples,  and  to 
keeping  in  use  and  repair,  and  subject  to  the  provisions  and 
forl^iitures  in  said  acts  contained,  as  fully  and  eirectually 
as  though  the  Great  Western  Railroad  Company  were 
named  in  said  several  acts,  in  the  view  and  stead  of  the 
said  Sangamon  and  Morgan  Railroad  Company. 

§  2.  It  shall  be  lawful  for  the  said  company  to  unite  m ,  ,  ^i„, 
with  any  other  railroad  company  which  may  have  been  or  "  ='■■■''"^"- 
may  hereai'ter  be  incorporated  by  this  state,  intersecting 
or  extending  to  said  road,  and  to' grant  to  any  such  com- 
pany the  right  to  construct  and  use  any  portion  of  the  road 
authorized  to  be  constructed  by  said  original  charter,  or 
any  of  the  amendments  thereto,  made  or  to  be  made,  upon 
such  terms  as  may  be  mutually  agreed  upon  between  said 
companies;  and  the  said  Great  Western  Railroad  Company 
shall  have  the  power  to  take,  use  and  make  arrangenients  i-.v-e,.^ 
for  the  transportation  of  freiglit  and  {tassengers,  carried  or 
to  be  carried  on  said  railroad,  or  otlierwise,  and  for  this 
purpose  to  construct,  purchase,  lease,  use  and  own  such 
boat  or  boats  as  may  be  necessary,  to  and  from  their  ter- 
mini on  the  Illinois  river,  and  may  construct,  purchase, 
lease,  use  and  own  such  wharfs,  dykec  and  piers,  with 
tracks,  depots  and  warehouses  thereon,  and  such  tracks 
along  tlie  shore  of  the  Illinois  river,  as  may  be  necessary 
for  tue  purposes  of  said  road. 

§   3.      Wlienever  it  shall  be  necessary  for  the   construe-  M.t.^.isf.r 
tion  and  operation  ot  saia  road  to  procure  gravel,  ballast  ^t^ '  '^^  i- -^'^ 
stone,  coal,  or  other  material,  said  company'shall  have  the 
power  to  construct,  own,  hold  and   use  such  branch  roads 
to  places  three  miles   or  more   east  of  the  Illinois  river, 
where  such  material  may  be  had,  and   are  hereby  empow- 
ered  to   take  and    hold,  by  donation,  purchase,  or  by  ap- 
praisal, as  provided  in  the  original  charter  of  said  company, 
land  or  right  of  way  over  any   lands  required  for  the  con- night .fv^a,. 
struction  of  such  branch  or  brandies,  not  exceeding  four 
rods  in  wiJih,  excepting  where  more  is  required  for  exca- 
vations, embankments,  stations   or  materials:    Provided, 
no  one  of  such  branches  shall  exceed  five  miles  in  length. 

§  4.  That  nothing  in  the  second  section  of  this  act ne.;.  . 
shall  be  so  construed  as  to  give  to  said  coznpany  ary  power 
to  release  any  other  laiiiodd  company  trora  completing  any 
portion  of  their  roads,  and  shall  ha-,e  wo  power  or  control 
over  the  charter  or  charters  of  any  other  railroad  company 
whatever,  or  to  release  said  Great  Western  Railroad  Com- 


1853.  132 

pany  from  the  construction  of  any  portion  of  the  Northern 
Cross  Railroad  which  they  are  now  required  by  law  to 
construct,  and  they  shall  not  be  permitted  to  run  a  track 
along  the  shore  of  the  Illinois  river,  either  up  or  down 
said  river,  except  for  necessary  turn-outs  or  switches,  and 
the  use  of  wharfs,  dykes,  piers,  depots  and  warehouses 
;s,^  aforesaid:  tdnd  provided  Jin^ther,  that  the  provisions  of 

this  act  shall  only  be  effectual  upon  this  express  condition  : 
that  the  Great  Western  Raih-oad  Company  shall  repair, 
and  keep  in  repair  and  use,  that  portion  of  the  Northern 
Cross  Railroad  which  lies  between  Meredosia  and  a  point 
where  said  Nortliern  Cross  Railroad  is  intersected  by  a 
lateral  road  extending  to  the  town  of  Naples,  in  the  time 
and  manner  as  provided  for  in  an  act  entitled  "An  act 
granting  further  time  to  the  Sangamon  and  Morgan  Rail- 
road Company  to  repair  a  portion  of  the  Northern  Cross 
Railroad,"  approved  January  24,  1853. 

§  5.  This  act  to  be  in  force  from  and  after  its  pas- 
sage. 

Approved  February  12,  1853. 


In  fM'co  Feb.  11,  AN  ACT  io  amend  the,  charter  of  the  Jacksonville  and  CaiToIiton  Railroad 

^  ■'■-'■'•  Company. 

Skction  1.     Be  it  enacted  hy  the  people  of  the  state  of 
Illinois,  represented  in  the   General  j^ssembly,  That  the 

'"i'ian!  '  ''''^°' Jacksonville  and  Carrollton  Railroad  Company,  incorpora- 
ted by  an  an  act  entitled  "An  act  to  construct  a  railroad 
from  Jacksonville,  in  Morgan  county,  to  Alton,  in  Madi- 
son county,"  approved  February  ISlh,  1851,  be  and  are 
hereby  authorized  to  extend  tiie  said  railroad  along  the  most 
eligible  route  to  any  point  on  the  Mississippi  river  not  more 
than  twenty-five  miles  below  the  city  of  Alton,  as  may  be 
deemed  advisable  by  said  compaii)',  and  for  the  pur})ose  of 
such  extension,  said  Jacksonville  and  Carrollton  Railroad 
Company  are  declared  to  })ossess  all  the  powers,  and  shall 
be  subject  to  all  the  restrictions  contained  in  the  original . 

ift-ovtso.  act  of  incorporation  :  Provided,  that  if  (he   city  of  AltonI 

shall  subscribe  and  become  responsible  for  the  sum  of  one/ 
hundred  thousand  dollars  as  stock  in  the  said  railroad  com-/ 
pany,  for  the  purpose  of  aiding  in  the  construction  of  said 
railroad,  in  the  same  manner  and  upon  the  same  terms  that 
said  city  took  stock  in  the  Sangamon  and  Alton  and  Terre 
Haute  and  Alton  Railroad  corporations,  then  and  in  that 
case  the  terminus  of  the  said  Jacksonville  and  Carrollton 
Railroad  siiall  be  'end  remain  at  the  said  citv  of  Alton.     The 


133  1853. 

said  city  shall  not,  however,  be  required  to  take  said  stock 
in  said  railroad  company  until  the  county  of  Morgan,  in  its 
corporate  capacity,  or  the  inhabitants  of  said  county,  or 
both  together,  shall  have  subscribed  the  sum  of  fifty  thou- 
sand dollars  to  the  capital  stock  of  said  railroad  company, 
and  until  the  counties  of  Greene  and  Jersey,  in  their  cor- 
porate capacity,  shall  have  severally  and  respective!)  sub- 
scribed the  sum  of  fifty  thousand  dollars  to  said  capital  stock. 
And  when  said  several  subscriptions  shall  have  been  made 
as  aforesaid,  and  the  subscribers  become  responsible  for  the 
payment  of  the  same,  it  shall  be  the  duty  of  the  president 
of  said  railroad  company  to  notify  the  authorities  of  the 
city  of  Alton  of  such  subscriptions,  and  if  the  said  city  shall 
fail  or  refuse,  within  one  month  aller  said  notification,  to 
subscribe  and  become  responsible  for  tlie  said  sum  of  one 
hundred  thousand  dollars,  as  lierein  directed,  then  and  in 
that  event  the  power  of  the  said  railroad  company  to  make 
tlie  extension  aforesaid  shall  take  efiect. 

§  2.  For  the  purpose  of  facilitating  the  construction  of  p-^'-'"  «> 
the  railroad  authorized  by  the  act  to  wliich  this  is  an 
amendment,  the  said  corporation  is  hereby  authorized  to 
negotiate  a  loan  or  loans  of  money  to  the  amount  of  its 
capital  stock,  and  to  issue  the  bonds  of  the  said  com  lany 
for  the  same,  and  to  pledge  all  its  property,  real  an  1  oer- 
sonal,  and  all  its  rights,  credits  and  franchises  for  the  pay- 
ment tliereof. 

§  3.  If  the  said  Jacksonville  and  Carrollton  Railroad  c.ipi'.nisutk 
shall  be  extended  as  provided  in  the  first  section  of  this  act,  '"  ""■'•■'^< 
then  the  capital  stock  of  said  company  may  be  increased 
to  such  a  sum  of  money  as  may  be  deemed  necessary  to 
construct,  finish  and  maintain  such  extension ;  and  said 
company  shall  have  authority  to  increase  the  number  of 
their  directors,  not  exceeding  four,  in  addition  to  those  al- 
ready provided  for. 

Approved  February  11,  1853. 


AN  ACT  to  amend  an  act  ctititled  "An?act  to  incorporate  tlie  ferrc  Haute  I'l  f--.roi'_K*b.  I2. 
and  Alton  Kailioad  Company." 


185:i. 


Section  1.  Be  it  enacted  hy  the  people  of  the  state  of 
Itlinoisy  represented  in  the  General  Assevibly^  That  all  Rig-.its  >r.':n' 
rights  belonging  to  the  state,  in  any  roads  heretofore  con- 
structed, or  partly  constructed,  under  the  general  internal 
improvement  system,  upon  the  line  of  the  said  company,  are 
hereby  granted  to  and  vested  in  said  company.  Cenmcatc ..r s 

§  2.     The  certificate  of  the  secretary  of  said  company,   ^elve'i '^^'^^ 
under  the  corporate  seal  thereof,  shall   be  received  in  all  <i-"c". 


1853.  134 

courts  of  justice  and  elsewhere,  as  evidence  cf  the  regular 
orgaiiizauon  ol'  said  comjiany  under  its  charter,  and  ot  any 
act  or  order  of  the  board  of  directors  of  said  company; 
and  all  the  acts  and  doings  of  said  company,  in  the  oigan- 
ization  thereof,  are  hereby  declared  to  be  good  and  valid, 
and  the  rights,  privileges  and  franchises  of  said  company 
as  granted  are  hereby  declared  to  be  in  full  force  and 
effect. 

§   3.     The   capital   stock  of  said   company  may  be   in- 

itock.  *■'  creased  from  time  to  time  by  order  of  its  board  of  direc- 
tors to  such  amoui.t  as  may  be  necf.ssary  to  complete  their 
road,  not  exceeding  four  millions  of  dollars  ;  and  subscrip- 
tion to  the  increased  capital  stock  may  be  made  from  time 
to  time,  on  such  terms  as  may  be  ordered  by  tiie  board  of 
directors  of  said  company. 

,,rio,.,  §  4.     The  board  of  directors  of  said  company,  or  a  ma- 

jority of  the  same,  are  hereby  authorized  to  fill  any  vacancy 
that  may  occur  or  iias  occurred  in  their  body,  occasioned 
by  deatli,  resignation  or  otherwise. 

,;e.,ct.  §   5.     This  act  shall   be    deemed  a  public  act,  and  shall 

take  effect  and  be  in  force  from  and  after  its  passage. 
Approved  February  12,  1853. 


ijiri.rcp  Fell,  li,      -f^^'  -'^CT  to  incorporate  the  Decatnr  and  Pekin  Railroad  Company. 

186:'>. 

Section  1.  Be  it  enacted  hy  the  people  of  the  state 
of  lllbwis,    represented  in  the   General  Assembly.,    That 

c.„-r>"rM..rH.  Richard  J.  Oglesby,  Henry  Prather,  W.  D.  Watson,  J.  C. 
Pughj  David  L.  Allen,  Jabez  Capps,  J.  F.  C.  Merslion, 
William  Ii.  Lowry,  John  Myers,  George  W.  Turley,  Geo. 
Musick,  Solomon  Kalm,  Joseph  Orenderf,  W-  S.  JNIaus, 
John  W  .Case,  John  Smith,  J.  C.  Thompson  and  Wui.  D. 
Briggs,  their  associates,  successors  and  assigns,  be  and 
are    hereby    constituted   a    body    corporate    and    politic, 

3,yj,v.  under  the  name  and   style  of  "The    Decatur    and    Pekin 

Railroad  Company,"  for  the  purpose  of  surveying,  locating, 

v3";.--.ij.  constructing,   completing  and  operating   a   railroad  from 

the  towji  of  Decatur,  in  Macon  county,  in  the  state  of  Illi- 
nois, and  thence  upon  the  most  eligible  route  through  the 
towns  of  Mt.  Pulaski  and  Camden,  in  Logan  county,  in 
the  state  of  Illinois,  to  the  town  of  Pekin,  in  Tazewell 
county,  Illinois,  wliencver  the  said  ])ersons,  or  their  assigns 
and  associates,  shall  organize  in  full  compliance  with  the 
provisions  of  an  act  entitled  "An  act  to  provide  for  a  gen- 
eral system  of  railroad  incorporations,"  approved  Novem- 
ber 5th,  A.  D.  1849. 


135  1853. 

^  2.  Any  real  estate  whicli  may  become  the  property  uoaiestato. 
of  said  company  under  the  provisions  of  the  preceding 
section,  shall  not  extend  over  fifteen  miles  from  the  said 
road,  nor  shall  the  company  hold  such  real  estate  for  a 
longer  time  than  ten  years  after  the  said  road  shall  be  com- 
pleted and  in  running  order. 

§   3.     Whenever  the  said  company  shall  have  orgav,ized']^,.'^^^^f^^^  J^^,^;; 
as  is  .herein   provided,  it  is  liereby  declared  to  be  of  sufli-  ^-raiiaw. 
cient  use  to  justify  the   taking   of  private  property  for  the 
construction  and  maintaining   said   road,  under  the  provi- 
sions of  said    act  to   provide  for  a  general  system  of  rail- 
road incorporations. 

0   4.      This  act  shall  be  in   force  from  and  after  its  pas- 
sage. 

Approved  February  11,  lb53. 


AN  ACT  to  incorporate  the  town  of  Carlinville. 

Section  1.  Be  it  enacted  hij  tiie  people  of  the  slate  of  Illi- 
nois, represented  in  the  General  ^^Issembly,  That  the  inhab- 
itants and  residents  of  the  town  of  Carlinville,  in  the  cou-'ity  corpo-ati.m. 
of  Macoupin,  are  hereby  constituted  and  declared  a  body 
corporate  and  politic,  by  the  name  and  style  of  the  "President  style,  fee. 
and  Trustees  of  the  town  of  Ca;  linville,"  and  by  that  name 
shall  have  perpetual  succession,  and  may  have  and  use  a  com-  General  power?. 
mon  seal,  have  power  to  sue  and  be  sued,  plead  and  be  im- 
pleaded, in  all  courts  ard  places  where  justice  is  adminis- 
tered, in  all  actions  whatever;  to  purchase,  receive  and 
hold  property,  both  real  and  personal,  in  said  city  ;  to  pur- 
chase, receive  and  hold  propei'ty,  both  real  and  personal, 
beyond  the  limits  of  said  (own,  for  burial  grounds  and  other 
public  purposes  ;  to  sell,  lease  and  convey  property,  real 
and  personal,  for  tlie  use  of  said  town  ;  to  protect  and  im- 
prove any  such  property  as  the  public  good  may  require. 

§  -2.  The  boundaries  of  the  said  town  shall  be  as  de- B"'™'-""''^"- 
fined  by  the  last  ordinances  of  the  board  of  trustees  there- 
of, and  the  said  ordinances  are  in  that  respect  legalized  and 
confirmed  ;  and  whenever  any  tract  of  land  adjoining  said 
town  is  laid  otTinto  town  lots  and  recorded,  the  same  shall 
be  attached  to  and  form  a  part  of  the  same. 

§   3.     The  government  of  said  town  shall  be  vested  in  a  Corporate  p-.^-ii 
president  and  four  trustees — tlie  said  trustees  to  be  elected  u'c's! 
annually  by  the  qualified  voters  of  said  town  ;  and  no  ])er-  Election. 
son  shall  be  a  trustee  unless,  at  the  time  of  his  election,  he  Quaiiiica  lor. 
shall  have  resided  in  said  town  for  the  space  of  six  months, 
twenty-one  years  of  age,  and  a  citizen  of  the  United  States, 


1353.  136 

and  upon  his  removal  from  said  town  he  shall  vacate  his 
office. 

■fni-;t,cs  to  deter-  §  4.  The  boafd  of  trustees  sliall  determine  the  qualifi- 
ii'.ii!.if'u^'!,','im- cation  of  its  own  members,  and  all  cases  of  returns  and 
'  ■■''^'''■-  elections  of  their  own  bod}-^       A  majority  siiall  constitute 

<^-'i"i"-  a  quorum,  but  a  smaller  number  may  adjourn  from  day  to 

day  and  compel  the  attendance  of  absent  members,  under 
such  penalties  as  may  be  prescribc-d  by  ordinance;  shall  have 
power  to  determine  the  rules  of  their  own  proceedings, 
punish  a  member  for  disorderly  conduct,  and,  with  tlie  con- 
currence of  two-thirds,  expel  a  member. 

osta  wr  ofi'.ce.  §   5.     The  president  and  eacli  of  the  trustees  shall,  be- 

fore entering  upon  the  duties  of  his  otHce,  take  an  oath  to 
perform  the  duties  of  his  office  to  the  best  of  his  knowledge 
and  abilities;  and  there  shall  be  at  least  one  regular  meet- 
ing of  said  trustees  in  each  month,  at  such  times  and  pla- 
ces as  may  be  prescribed  by  ordinance. 

K,oct,uii  district  §  ^'  Tha  boundaries  of  said  town  as  herein  defined,  or 
ior!"vticooftho  as  may  be  hereafter  defined  by  ordinance,  shall  constitute 
a  district  for  the  election  of  one  justice  of  the  peace  and 
one  town  constable,  who  shall  be  elected  by  the  qualified 
voters  of  said  town  at  the  same  time  and  place  at  which 
the  trustees  are  elected  ;  and  the  said  justice  of  the  peace 
shall  give  bond  and  qualify  as  other  justices  are  required 
by  law  to  do  ;  and  he  shall  be  ex  njficio  president  of  the 

r'-i;  to  give  board  of  trustees,  shall  have  the  right  to  give  the  casting 
l.-l^i-'.'.Mi''e" "  "\'o(e  in  case  of  a  tie,  and  shall  possess  the  same  qualifica- 
tions as  are  required  of  a  trustee   by  the  third  section  of 
this    act,  and  if  he  shall  remove  from  said   town  his  ofiSce 
shall  be  vacated. 

)■!  •>-ti..i.  tobedc-      §   7.     If  two   or   more   persons   shall   receive  an  equal 

Lase  of  tie!''^  '"number  of  votes  for  the  office  of  justice   or  constable,  the 

board  shall  proceed  to  determine  the  same  by  lot;  and  all 

contested  elections  shall  be  determined   as  prescribed  by 

ordinance. 

i'A.i,>;i   t,j    lie      §   3,      On  the  first  Monday  in  the  month  of  April,  A.  D. 

itn'lis'."'  '"''"  1853,  and  on  the  first  Monday  in  April  in  each  year  there- 
after, an  election  shall  be  held  in  said  town  for  one  justice 
of  the  peace,  one  town  constable  and  four  trustees  as  afore- 
said, who  sliall  iiold  their  offices  for  one  year,  and  until 
their  successors  are  elected  and  qualified,  wiiich  first  elec- 
tion shall  commence  at  ten  o'clock  in  the  forenoon,  and 
close  at  four  o'clock  in  the  afternoon  of  said  day;  and  any 

•rn.st  "M   to    be  two  of  the  present  trustees  sliall  be  judges  of  said  election, 

yyii^.s  of  ciec-^jiQ  gj-,gjj  j^pppjij^  their  own  clerks,  receive  and  canvass 
the  votes,  declare  the  result,  furnish  to  each  of  the  persons 

'•■'^'•I'yil';'' to coim- elected  a  certificate  of  his  election,  certify  the  votes  for 
justice  of  the  peace  to  the  clerk  of  t!ie  county  court,  and 
lay  the  poll  books  of  such  election  before  the  board  at  its 


137  1853. 

first  meeting.  All  subsequent  elections  shall  be  held  and 
conducted  and  returns  made  as  may  be  prescribed  by  or- 
dinance. 

§   9.     All  free  white  inliabitants  of  said  town  shall  be  Qua'iflcouon    of 
entitled  to  vote  for  town  officers  who  are  qualified  to  vote 
for  state  officers,  and  who  shall  have  resided  in  said  town 
one  month  next  before  any  such  election. 

§  10.  The  president  and  trustees  shall  have  power  and  Ta^-s  for  gonci- 
authority  to  levy,  assess  and  collect  a  tax  upon  all  proper-  " ''"""p""®^- 
ty,  real,  personal  and  mixed,  in  said  town,  which  is  now  or 
may  hereafter  be  subject  to  taxation  for  state  or  county 
purposes,  not  exceeding  one-half  of  one  per  centum  per 
annum  upon  the  assessed  value  thereof,  and  may  assess  and 
enforce  the  collection  of  the  same  by  any  ordinances  not 
not  rej)Ugnant  to  the  constitution  of  the  United  States; 
or  the  said  trustees  may,  if  they  think  proper  so  to  do,  by 
ordinance,  adopt  the  annual  assessment  made  of  the  prop- 
erty in  said  town  by  the  county  assessor,  and  cause  the 
same  to  be  collected  by  the  county  collector. 

§    11.     If  the  president  and  trustees  of  said  town  shall  Trustees      may 
determine  to  adopt  the  assessment   made   by  the  authority  ment  Vaar^by 
of  the  state  and  county,  they  shall  give  to  the  clerk  or  cth-  1'^^°'^^^ °^  ^^* 
er  officer  whose  duty  it  is  by  law  to  extend  the  tax  by  ex- 
isting laws,  notice  of  their  intention  so  to  do,  which  notice 
shall  be  a  copy  of  their  records,  and  also  the  rate  of  taxa- 
tion; and  upon  the  receipt  of  such  notice,  the  said  tax  shall 
be  extended  and  collected,  and  its    collection  enforced,  in 
the  same  manner  as  other  revenue.     The  clerk  and  collec- Ojnipensauon  of 
tor  shall  be  allowed   the   same    compensation   for  services 
under  this  act  as  are  allowed  them  for  similar  services  un- 
der tiie  revenue  laws  of  the  state  :   Providfcl^  that  nothing 
contained  in  this  act  shall  be   so    construed    as  to  prevent 
t!ie  said  corporation  from  providing  for  the  assessment  and 
collection  of  such  taxes  b}'  ordinance. 

&    12.     The  said  board  siiall  have  power  to  appoint  such  Board  to  appoint 

B  I'-ii  c  •  •     i.        CC      I.    certain    urticere. 

cers  as  may  be  judged  necessary  tor  carrying  into  eiiect 

t  ic  powers   conferred   upon   said   corporation   by  this  act, 

and  to  require  them  to  give  such  bonds,  with  sucii  security,  Gue  bond  and 

and  take  such  oaths  as  maybe  judged  necessary  to  ensure 

a  faithful  performance  of  their  respective  duties,  and  shall 

have  power  to   appropriate    money,    and   provide  for   the 

payment  of  the  debts  and  expenses  of  the  town. 

To  make  regulations  to  secure  the  general  health  of  the  Health    reJiuiaS 
inhabitants  of  the  town,  to  declare  what  shall  be  deemed 
a  nuisance,  and  to  prevent  and  remove  the  same.  Nuisancer 

To  open;  aboiisli,  alter,  widen,  extend,  establish,  grade,  open  and  repair 
or  otherwise  improve  and  keep  in  repair  streets,  alleys  and  fce!*^'''   '^^^^*' 
lanes  in  said  town,  and  erect,  maintain  and  keep  in  repair  Bridget, 
bridges. 


1853.  138 

To proviiie  public      To  provide  for  the  erection  of  all  needful  buildings  for 
,  the  use  of  the  town,  and  to  i)rovide  for  the  enclosing,  lay- 

Public       gronn.'.s  .  „      .  .         '  ^     ,    j^-  ll  ii-  o'      ^ 

and         burial ing    oti,   improving   and    regulating    all    public    grounds, 
grounds.  squares  and  burial  grounds,  belonging  to  the  town. 

Licenses.  To   liccuse,   tax    and   regulate    auctioneers,  merchants, 

Auctioneers, gro- retailers,  grocers,  taverns,  eating  houses,  pedlers,  brokers 
cexs,  6cc.  g^j^j  money  changers,  but  not  to  license  the  sale  of  intoxi- 

^   , .   ,  catinor  drinks. 

Thcntncal  mi-  i  i  •        i  i         i  V  "i   • 

amusements  lo  liceuse,  tax  and  regulate  tlieatncal  and  other  exnioi- 

and  other  cxhi-  .  .  ,  i  "        , 

bitions.  tions,  shows  and  amusements. 

Tippling  houses.  To  rcstraln,  prohibit  and  suppress  tippling  houses,  dram 
shops,  gaming  houses,  bawdy  houses  and  other  disorderly 
houses. 
Pires  and  fire  To  providc  for  the  prevention  and  extinguishment  of  fires, 
companies.  ^^^  ^^  Organize  and  establish  fire  companies. 
Regulate  fences.  Xo  regulate  partition  fences,  and  provide  for  the  inspec- 
Hay,  coii,&c.     .jJq^    ^^j^^    Weighing   of  hay    and    stone    coal,    and    for  the 

measurement  of  wood  and  fuel  to  be  used  in  said  town. 
oensr.^.  To  provide  for  taking  the  enumeration  of  the  inhabitants 

of  said  town. 
Election  and du-      To  rcgulatc  the    clectiou   of  town  officers,  define  their 
fleers'*'^''"  "''duties,  and  provide  for  the  removal  of  any  person  holding 
an  office  under  the  ordinances. 

To  fix  the  fees  and  compensation  of  all  town  officers, 
jurors,  witnesses  and  others,  for  services  rendered  under 
this  act  or  any  ordinance. 
Fines,  penalties,  Xo  impose  fiucs,  penalties  and  forfeitures  for  the  breach 
of  any  ordinance,  and  to  provide  for  the  recovery  and  ap- 
propriation of  such  fines  and  torfeitures,  and  the  enforce- 
ment of  such  penalties. 

To  prevent  the  encumbering  of  the  streets,  squares, 
lanes  and  alleys  of  said  town,;  to  protect  shade  trees;  to 
compel  persons  to  fasten  horses,  mules  and  other  animals 
attached  to  vehicles  while  standing  upon  any  square,  street, 
lane,  alley,  or  enclosed  lots  ;  to  prevent  the  running  at 
large  of  horses,  cattle,  hogs,  sheep,  or  animals,  and  pro- 
vide for  distraining  and  impounding  the  same,  and  to  jiro- 
vide  for  the  sale  of  the  same  for  any  penalty  incurred,  and 
to  impose  penalties  upon  the  owners  of  any  of  such  ani- 
mals, for  the  violation  of  any  ordinance  in  relation  thereto. 
To  prevent  the  running  at  large  of  dogs,  and  to  jirovide 
for  the  destruction  of  the  same  when  running  at  large 
contrary  to  ordinance. 

To  prevent  the  firing   of  squibs,  rockets,  guns,  or  other 
combustibles   or  fire   arms,  within  the  limits  of  said  town. 
or<iin;uiccs.  §    13.     The  president  and  board  of  triistccs   shall  have 

power  to  make  all  ordinances  which  shall  be  necessary 
and  proper  for  carrying  into  execution  the  powers  spec- 
ified in  this  act,  so  that  such  ordinances  shall  not  be  re- 
pugnant to  the  constitution  of  this  state  and  of  the  United 


139  1853. 

States.  The  style  of  the  ordinances  of  the  town,  shall  be  :  siyie. 
'•''Be  it  ordained  by  the  President  and  Tru.s/ets  (/f  the 
town  of  CarlinvUlef  and  ^^all  ordinances  shall,  within  one 
month  after  they  are  passed,  be  published  in  a  ncwspa})er 
printed  in  said  town,  or  if  no  newspaper  is  printed  in  said 
town,  by  posting  copies  of  the  same  in  four  public  places 
in  said  town,  and  the  certificate  of  the  publisliers  of  such 
newspaper,  or  of  the  clerk  of  the  board,  under  the  seal  of 
the  corporation,  shall  be  prima  facie  evidence  of  such 
publication.  No  ordinance  shall  take  etFect  until  published 
as  aforesaid. 

§    14.     All  ordinances  may  be  proven  by  the  seal  of  the  oniinanccs,  tow 
town,  and  when  printed  or  published  in  book  or  pamphlet 
form,  and  purporting  to  be  printed  or  published  by  author- 
ity of  the  corporation,  the  same  shall  be  received  as  evi- 
dence in  all  courts  and  j)laces  without  furtlier  proof. 

<5    15.     The   president  of  the  board   shall  preside  at  all  i'i*Yi'^''™*to  pre- 

•>  r-iiii  !•  ri*       hiile  at  all  ineet- 

meetuigs  oi  the  board  when  present,  and  in  case  oi  his  ings. 
absence  at  any  meeting  the  board  may  elect  a  temporary 
chairman.  He  shall  at  all  times  be  vigilant  in  enforcing 
the  laws  and  ordinances  for  the  government  of  the  town. 
He  shall  inspect  the  conduct  of  all  subordinates  and  cause 
negligence  and  wilful  violation  of  duty  to  be  punished. 
He  sliall  have  power  and  authority  to  call  on  all  male  in- 
habitants of  said  town  over  the  age  of  eigliteen  years  to 
aid  in  enforcing  the  laws  and  ordinances,  and  in  case  of  a 
riot,  to  call  out  the  militia  to  aid  in  suppressing  the  same, 
or  in  carrying  into  effect  any  law  or  ordinance,  and  any 
person  wiio  stiall  fail  or  refuse  to  obey  such  call,  shall 
forfeit  and  pay  to  said  corporation  the  sum  of  five  dollars. 

§  16.  The  said  president  shall  be  commissioned  by  the  president  com- 
governor  as  and  he  shall  have  and  exercise  the  same  ticeo't 'tue rract 
power  and  jurisdiction  conferred  upon  other  justices  of 
the  peace  by  laws  of  this  state,  and  shall  have  exclusive 
jurisdiction  in  all  cases  ai'ising  under  the  ordinances  of  the 
corporation,  and  shall  receive  tlie  same  fees  and  compen- 
sation allowed  for  similar  services,  under  the  laws  of  this 
state,  to  other  justices  of  the  peace,  and  for  any  wilful  and 
corrupt  oppression,  malconduct  or  partiality,  or  palpable 
omission  of  duty  in  his  said  office,  may  be  indicted  in  the 
circuit  court  of  Macoupin  county,  and  upon  conviction 
shall  be  fined  in  a  sum  not  exceeding  one  hundred  dollars, 
and  the  court  shall  have  power,  upon  the  recommendation 
of  the  jury,  to  make  his  removal  from  office  a  part  of  the 
judgment. 

§    17.     The  president  and  trustees  shall  have  power  by  srcciai  taxes. 
ordinance  to  levy,  assess   and   collect  a  si)ecial  tax  on  the 
holders  and  owners   of  lots  upon   any   street,  square,  lane 
or  alley,  or  upon   any  part  of  any   street,  square,  lane  or 
alley,  according  to  their  respective  fronts  owned  by  them, 


1853.  140 

for  the  ])urpose  of  grading,  planking  or  paving  such  square, 
street,  lane  or  alley,  to   be   collected   as   other   taxes   are 
collected  by  the  provisions   of  the  tenth  and  eleventh  sec- 
tions of  this  act,  or  as  may  be  provided  by  ordinance. 
Road  labor.  ^    18.     The   president  and    trustees,  for  the  purpose  of 

keeping   the   streets,  alleys,  lanes,  avenues  and   highways 
in  repair,  to  require  every   male    inhabitant  of  said  town, 
over  the  age  of  twenty-one  years,  to  labor  on  said  streets, 
lanes,    alleys,    avenues   and   highways   three    days  in  each 
year,  and  every  person  failing  or  refusing   to  perform  such 
road  labor  after  being  notified  as  may  be  provided  hy  ordi- 
nance, shall  forfeit  and  pay  one  dollar  per  day  for  each  day 
so  neglected  and  refused. 
Punishment    of      §    19.     The  president   and  board  of  tru^tees  shall  have 
offrinders.         power  to  provide  for  the  punishment  of  tlie  offenders  against 
any  ordinance,  in  the   coi;nty  jail,  in  all  cases  where  such 
offenders  shall  fail  or  refuse  to  pay  the  fines  and  forfeitures 
which  may  be  recovered  against  them. 
Kxempt      from      §   20.     The  inhabitants    of  said  town   shall   be  exempt 
i»a    a  or.        fj-Qm  the  ])errormance    of  road  labor  and  the   payment  of 
road  tax   levied  by  authority  of  the  county  court,  and  the 
entire  jurisdiction  and  control  of  the  roads,  highways  and 
bridges  in   said  town  shall  be  held   and   exercised   by  the 
president  aud  trustees  as  aforesaid. 
Writs  to  be  pros-      ^   21.     Allwrits  for   the    recovery  of  penalties  for  the 
Qame    '"f    tiie  breach  of  any  ordinance  of  said  town,  shall  be  in  the  form 
tawn.  q£  ^^  action  of  debt,  before  the  president  of  the  board,  or 

in  case  of  his  absence  or  inability  to  act,  before  some  other 
justice  of  the  peace  of  said  town,  and  changes  of  venue 
and  appeals  shall  be  allowed  in  cases  commenced  before 
the  said  president  of  the  board  of  trustees  as  in  other  cases 
before  other  justices  of  the  peace  :  Provided^  the  said  cor- 
Appoais.  poration  shall  be   allowed  to  appeal  in   any  case   in  which 

they  are  parties,   by  causing  their  secretary  to  execute  a 
bond  in  the  name  of  said  corporation,  in  the  form  now  pre- 
scribed by  law  in  other  cases,  without  other  security,  and 
an  order  entered  upon  the  records  of  said  corporation,  di- 
recting  said    appeal,    shall  be    sufficient   evidence  of  the 
authority  of  said  security  to  sign  said  bond. 
juriadktiou     of      ^   21.     The  town  constable  elected  under  the  provisions 
town  constable.  ^^  ^j^.^  ^^^  ^j^^j^  j^^^.^  ^o^^v  and   authority  to   execute  all 
process  issued  for  the  breach   of  any  ordinance   of  said 
town,  and  for  that  purpose  his    power  and   authority  shall 
extend  over  the    county  of  Macoupin,  and  shall  have  the 
same  power,  jurisdiction   and   authority  within  the  limits 
of  said  town  as   other   constables   under  the  laws  of  this 
state,    and   shall  give   bond  and  qualify  as   the  said  board 
shall  by  ordinance  prescribe. 
*mpmx°d  m name      ^^   ^^"     "^'^  ^'^^^''^  ^^^'"  ^'"^^  ^"^  penalties  in  and  for  the  vi- 
«f(owii.         '  elation  of  any  ordinance,  shall  b&^ in   the  name   of  "The 


141  '  1853. 

town  of  Carlinville,"  and  the  said  corporation  shall  have 
power  to  regulate,  by  ordinances,  the  form  and  nature  of 
the  first  and  of  any  subsequent  process,  and  the  mode  of 
executing  the  same. 

§   23.      She  president   and   trustees   of  said   town  shall  schools  and, 
have  jurisdiction  of  common  schools  within  said  town,  and  ''''■'""''"""' 
shall  have  power  to  assess   and  provide   for  the   collection 
of  taxes  for  tiie  erection  of  school   houses,  the  support  of 
schools,  and  finishing  the  said  school  houses,  the  employ- 
ment of  teachers  and  the  payment  of  the  same. 

§   24.     This  is  declared  to  be  a  pu')lic  act,  to  take  effect 
from  and  after  its  passage. 

Approved  February  9,  1853. 


AN  ACT  to  incorporate  the  City  of  Warsaw.  Inforce  Veh.  12. 

1853. 

ARTICLE  FIRST.— 0/ Boundaries  and  Ge?ieral Foiver.s. 

Section   1.     Be   if  eiiacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the   General  *^ssembly^  That  the  Corporation, 
inhabitants  of  the  town  of  Warsaw,  in  the  county  of  Han- 
cock, and  state  of  Illinois,  be  and  they  are  hereby  consti- 
tuted a  body  politic  and  corporate,  by  the  name  and  style 
of  "The  City  of  Warsaw;"  and  by  that  name  shall  have  per-  style,  &c. 
petual  succession,  and  may  have  and  use  a   common  seal,  succession, 
which  they  may  change  and  alter  at  pleasure. 

§  2.  AH  that  district  of  country  embraced  within  the  Boundaries, 
following  boundaries,  to  wit,  beginning  in  the  main  chan- 
nel of  the  Mississippi  river,  due  west  of  the  south  side  of 
the  southwest  fractional  quarter  of  section  nine,  town- 
ship four  north,  range  nine  west,  in  said  Hancock  county  ; 
thence  up  said  river,  along  the  middle  of  said  channel,  to  a 
point  due  north  of  the  east  line  of  the  southwest  quarter 
of  section  three  in  said  township  ;  thence  south  to  the 
southeast  corner  of  the  southwest  quarter  of  section 
three  ;  thence  west  to  the  centre  of  the  south  line  of  said 
quarter  section  :  thence  south  to  the  southeast  corner  of 
the  west  lialf  of  the  northwest  quarter  of  section  ten,  in 
said  township  ;  thence  east  to  the  northeast  corner  of  the 
southwest  quarter  of  said  section  ;  thence  south  to  the 
south  line  of  Wilson's  addition  to  the  town  of  Warsaw  ; 
thence  west  to  the  east  line  of  English's  addition  to  said 
town  ;  thence  south  to  the  south  line  of  said  English's  ad- 
dition to  said  town,  and  thence  west  to  the  place  of  begin- 
ning, is  hereby  declared  to  be  within  the  boundaries  of  said 
city  of  Warsaw. 


1853. 


142 


in'.o  §  3.  The  present  board  of  trustees  of  tlie  town  of  War- 
saw shall,  on  or  before  tiie  first  day  of  I\iarch  next,  divide 
the  said  city  of  Warsaw  into  three  wards,  as  nearly  equal 
in  population  as  piacticable,  particularly  describing  the 
boundaries  of  each. 

§  4.  Whenever  any  tract  of  land  adjoining  the  city  of 
Warsaw  shall  have  been  laid  off  into  town  lots  and  duly 
recorded  as  required  by  law,  the  same  shall  be  annexed  to 
and  form  a  part  of  said  city  of  Warsaw. 

ers.  §  5-  The  inhabitants  of  said  city,  by  the  name  and 
style  aforesaid,  shall  have  power  to  sue  and  be  sued,  to 
implead  and  be  impleaded,  defend  and  be  defended  in  all 
courts  of  law  and  equity,  and  in  all  actions  whatsoever; 
to  purchase,  receive  and  Iiold  property,  both  real  and  per- 
sonal, in  said  city,  to  purchase,  receive  and  hold  pro- 
perty, both  real  and  personal,  beyond  the  city,  for  burial 
grounds  or  for  other  public  purposes,  ibr  the  use  of  the  in- 
habitants of  said  city,  to  sell,  lease,  convey  or  dispose  of 
property,  real  and  personal,  for  the  benefit  of  the  city,  and 
to  improve  and  protect  such  property,  and  to  do  all  other 
things  in  relation  thereto  as  natural  persons. 

ARTICLE  SECOND.— 0/  the  City  Council. 


Board   of 
luoa. 


Section  1.  There  shall  be  a  city  council,  to  consist 
of  a  mayor  and  board  of  alderman. 

§  2.  The  board  of  aldermen  shall  consist  of  two  mem- 
bers from  each  ward,  to  be  chosen  by  the  qualified  voters 
for  two  years,  and  by  general  ticket,  until  otherwise  or- 
dered by  the  city  council. 

Qimiitioations  of  §  3.  No  persou  shall  be  an  alderman  unless,  at  the 
time  of  his  election,  he  shall  have  resided  six  months  with- 
in the  limits  of  the  city,  and  shall  be,  at  the  time  of  his 
election,  twenty-one  years  of  age,  a  citizen  of  the  United 
States,  and  a  resident  of  tlie  ward  for  which  he  is  elected. 

Kpinovfti  to  va-  ^  4,  If  any  alderman  shall,  after  his  election,  remove 
from  the  ward  for  whicli  he  is  elected,  his  oliice  shall 
thereby  become  vacated. 

Mdernipn  to  b«      §   ^-     "^^^  '^^^  ^^''st  meeting  of  the  city  council,  the  alder- 

aividwi  into  two  men  shall  be  divided  by  lot  into  two  classes.  The  seats 
of  those  of  tl'e  first  class  shall  be  vacated  at  the  expiration 
of  the  first  year,  and  of  the  second  class  at  the  expiratiou 
of  the  second  year,  so  that  one-half  of  the  board  shall  be 
elected  annually. 

QiiiiiKuatioi.s  of      §   6.     The  city  council  shall  judge  of  the  qualifications, 
"oundi!''       "'  elections  and  returns  of  their  own  members,  and  shall  de- 
termine all  contested  elections. 

Qu'^niiLi.  ^,   7,     A  )najority  of  tlie  city  council  sliall   constitute  a 

quorum  to  do  business,  but  a  smaller  number  may  adjourn 


143  1853. 

from  day  to  "fiay  and  compel  the  attendance  of  absent  mem- 
bers, under  siicii  penalties  as  may  be  prescribed  by  ordi- 
nance. 

§   8.      The   city  council  shall  have  power  to  determine  Rules  of  procceo- 
the  rule  of  its  proceedings,  punish  its  members  for  disor-  '"^^" 
derly  conduct,  and,  with  the  concurrence  of  two-thirds  of 
the  members  elected,  expel  a  member. 

^   9.     The  city  council  shall  keep  a  journal  of  its  pro- KoM>a,iouriiaiof 
ceedings,  and  from  time  to  time  publish  the  same  ;  and  the  i""^'-^'"»=^- 
yeas   and   nays,  when  demanded  by  any  member  present, 
shall  be  entered  on  the  journal. 

§    10.     No  alderman  shall  be  appointed  to  any  office  un- Aiaermcn  not  ci- 
der the  authority  of  the  city  which  sliall  have  been  created,  cr^^d^-iuS 
or  the  emoluments  of  wliich  shall  have  been  increased  du-  ^iieirterms. 
ring  the  time  for  which  he  shall  have  been  elected. 

§    11.     All  vacancies  that  shall  occur  in  the  board  of  al- "^'^-I'l^^j    ^>ow 
dermen  shall  be  filled  by  election. 

§  12.  The  mayor  and  each  alderman,  before  entering  oath of  office, 
upon  the  duties  of  their  office,  shall  take  and  subscribe  an 
oath  that  they  will  support  the  constitution  of  the  United 
States  and  of  this  state,  and  that  they  will  well  and  truly 
perform  the  duties  of  their  office  to  the  best  of  their  skill 
and  ability. 

.      5    13.     Whenever  there  shall  be  a  tie  in  the  election  oi ric,h,mu,\>e<.\^ 
aldermen,  the  judge  of  election  shall  certify  the  same  to  '^''''''^• 
the  rnayor,  who  shall  determine  the  same  by  lot  in  such 
manner  as  shall  be  ])rovided  by  ordinance. 

§   14.     There  shall  be  twelve  stated  meetings  of  the  city  stntovi  meeting  of 
council  in  each  year,  at  such  time  and  places  as  may  be  "  "^ 
prescribed  by  ordinance 

ARTICLE  THIRD.— Of  ihe  Chief  Executive  Officer. 

§    1.     The  chief  executive  officer  of  the  city  shall  be  aMayur,  and   ws 
mayor,  who  shall  be  elected  by  the  qualified  voters  of  the  *"™°^°"^"''- 
city,  and  shall  hold   his  office  for  one  year,  and  until  his 
successor  shall  be  elected  and  qualified. 

§    2.     No  person  sliall  be  eligible  to  the  office  of  mayor  Quaiificatious  or 
who  shall  not  have  been  a  resident  of  the  city  for  one  year  '"''^"'■" 
next  preceding  his  election,  or  who  shall  be  under  twenty- 
one  years  of  age,  or  who  shall  not,  at  the  time  of  his  elec- 
tion, be  a  citizen  of  the  United  States. 

§   3.     If  any  mayor  shall,  during  the  time  for  which  he  when  office  of 
shall  have  been  elected,  remove  from  the  city,  his  office  cateu. 
shall  be  vacated. 

§   4.     When  two  or  more  persons  shall  have  an  equal ''"'''» ''"^"  decided, 
number  of  votes  for  mayor,  the  judges  of  elections  shall 
certify  the  same  to  the  city  council,  who  shall  proceed  to 
determine  the  same  by  lot  in  such  manner  as  may  be  pro- 
vided by  ordinance. 


1853.  i^^ 


Vacancy     to   be 
ij'.led  by  elecl 


§  5.  Whenever  an  election  of  mayor  shall  be  contested, 
the  city  council  shall  determine  the  same  in  such  manner 
as    may  be  prescribed  by  ordinance. 

§  6.  Whenever  any  vacancy  shall  happen  in  the  office 
m  of  mayor,  it  shall  be  filled  by  election. 


ARTlChF.  i\)VRTB.— Of  Elections. 

B.cUonoenw-      §   1-     On  the  first  Monday  of   April  next    an  election 

shall  be  held  in  said  city  for  one  mayor  for  the  city,  and 

two  aldermen  for  each  ward;  and  forever  th.ereafter,  on  the 

first  Monday  of  April  of  each  year,  there  shall  be  an  elec- 

Kor  aldermen.    ^[^^^  i,eld  for  onc  mayor  for  the  city,  and  one  alderman  tor 

Manner  of  dec- each  Ward.     The  first  election  for  mayor  and  aldermen 

"""■  shall  be  held,  conducted  and  returns  thereof  made  as  may 

be  provided  by  ordinance  of  the  present  trustees  of  the 

town  of  Warsaw. 

5  2  All  free  white  male  inhabitants  over  the  age  ot 
Qn.,mcation  °' ^^^^^^^^.^^^  y^^rs,  who  are  entitled  to  vote  for  state  offi- 
prov,.o.  cers,  shall  be  entitled  to  vote  for  city  officers  :  Provided, 

the  city  council  may  at  any  time  require  by  ordinance  that 
said  voters  shall  give  their  votes  for  mayor  and  aldermen 
in  the  wards  in  which  they  respectively  reside,  and  in  no 
other;  and  that  no  vote  shall  be  received  at  any  of  said 
elections  unless  the  person  offering  the  same  shall  be  at 
the  lime  an  actual  resident  of  said  ward. 

ARTICLE  FIFTH.— 0/^/ie  Legislative  Powers  of  the  City 
Council. 

§  1.  The  city  council  shall  have  power  and  authority 
^;«anTcor-to  levy  and  collect  taxes  upon  all  property,  real  and  per- 
'"'''"'■  sonal,  within  the  limits  of  said  city,  not  exceedmg  one-half 
of  one  per  [cent,  per]  annum,  upon  the  assessed  value 
thereof,  and  may  enforce  the  payment  of  the  same  m  any 
manner  to  be  prescribed  by  ordinance,  not  repugnant  to  the 
constitution  of  the  United   States  or  this  state. 

§  2.     The   city  council  shall  have  power  to  appoint  a 
'""''''•  clerk,  treasurer,  assessor,  marshal,  supervisors  of  streets, 

and  all  such  other  officers  as  may  be  necessary.  ; 

§  3  The  city  council  shall  have  power  to  require  of 
omoiaiboud.  ^^^^^^^^^^,j.s  appointed  in  pursuance  of  this  charter,  bond 
with  penalty  and  security  for  the  faithful  performance  of 
their  respective  duties,  as  may  be  deemed  expedient;  and 
also  to  require  all  officers  appointed  as  aforesaid,  to  take 
an  oath  for  the  faithful  performance  of  the  duties  ot  their 
'    ■  respective  offices   before  entering   upon  the   discharge  of 

»hoo,«.  the   same;  to    establish,    support   and   regulate    common 

schools;  to  borrow  money  on  the  credit  of  the  city  :   Prov- 
ided, that  no  sum  or  sums  of  money  shall  be  borrowed  at 


145  1853. 

a  greater  interest  than  six  per  cent,  per  annum,  except  for 
railroad  and  plank  road  purposes,  as  liereiiiatter  inentioned, 
nor  shall  the  interest  on  tlio  aggregate  ot"  all  the  sums 
borrowed  and  outstanding  ev^er  exceed  one-half  of  the 
city  revenue  arising  from  taxes  assessed  on  real  j)roperty 
within  the  limits  of  the  corporation,  except  for  railroad 
and  plank  road  purposes,  as  hereinafter  mentioned. 

§   4.     To  appropriate   money  and   provide  for  the  pay- Dojts. 
merit  of  tlie  debt  and  expenses  of  the  city.  ^ 

§   5.     To  make  regulations  to  prevent  the  introduction euntagious    di*. 
of  contagious  diseases  into  the  city,  and  to  make    quaran-  "^^ '^"^" 
tine  law  s  lor  that  })urpose,  and  enforce  the  same  witiiin  five 
miles  of  the  city. 

§   6.     Tft  establish  hospitals   and  make  regulations  for  nospitai«. 
the  government  of  the  same. 

§   7.     To  make  regulations  to  secure  the  general  health  ncaith. 
of  the  inhabitants,  to  declare  what  shall  be  a  nuisance,  and  ^u'  ancea. 
to  prevent  and  remove  the  same. 

§  8.     To  provide  the  city  with  water,  to  erect  hydrants  n>(irants      and 
and  pumps  in  the  streets  for  the    convenience  of  the  in-  '"™'^''" 
habitants. 

§   9.     To  open,  alter,  abolish,  widen,  extend,  establish,  streets,  &«. 
grade,   pave,    or    otherwise   improve  and  keep  in   repair 
streets,  lanes,  avenues  and  alleys. 

§    10.     To  establish,   erect  and   keep  in  repair  bridges.  Bii<iges. 

§    11.    'To  divide  the  city  into  waids,  alter  the  bound  a- uivide  into  wanj. 
ries  thereof,  and   erect   additional  wards,  as  the  occasion 
may  require. 

§   12.     To  provide  for  lighting  the  streets  and  erecting  Lights  andiamr 
lamp  posts.  p""^'^* 

§    13.     To  establish,  support  and  regulate  night  watches.  Night  wntchw. 

§   14.     To  erect   market   houses,  establish  markets  and Maikethousos. 
market  places,   and   to   provide  for   the  government   and 
regulation  thereof. 

§   15,     To  provide  for   the   erection  of  all  useful  build- P'""'*^ ''""'i*"«^ 
ings  for  the  use  of  the  city. 

§   16.     To  improve   and  preserve  the  navigation  of  the  I'ut'iic  grom.!*. 
Mississippi  river  within  the  limits  of  tlie  city. 

§    17.     To  erect,  repair    and    regulate   public    wharves  whanee      .i.-i 
and  docks,  to  regulate  the  erection  and  repairs  of  private  '^''^^'^' 
wharves  and  the  rates  of  wharfage  thereat. 

§   18.     To  license,  tax  and  regulate  hackney  carriages,  carriaK<'s,  <ira,j. 
wagons,   carts   and   drays,   fix  the   rates  to  be  charged  for 
the  carriage  of  persons,  and  for   wagonage,  cartage,   and 
drayage  of  property. 

§   19.     To  license  and  regulate  porters,  and  fix  the  rate ''^';^^^«J^  =*""  ^■''' 
of  porterage. 

§  20.     To  llctnse,  tax  and  refjulatc  theatrical  and  other  ThoatncuiRhow.-. 
exhibitions,  shows  and  amusements. 


1853.  146 

TipMins  houje?.      §  21.     To  restrain,  prohibit  and  suppress  tlpnline  hou- 

Uidin  shops,  &c.         •>      ,  ,  ^.1  1  1'    ,  1         1 

sf'S,  dram  shops,  gaming  houses,  bawdy  iiouses,  and  other 

disorderly  houses. 

Fires    and    (Ira      §     22.     To  provide  for   the  prevention  and  extinguish- 

co.upaiik-s.        ment  of  fires,  and  to  organize  and  establish  fire  companies. 

iiesuiate  ^vooden      ^   23.     To  rcgulate  Or  prohibit  the  erection  of  wooden 

buildings  in  any  part  or  the  city. 
Chimneys     aud      ^   24.     To  regulate  the  fixing  of  chimneys  and  fixing  the 
"'■""  Hues  tiiereof. 

stcra^p  o.  t-r.i-      §  25.     To  regulate  the  storBgc  of  gunpowder,  tar,  pitch, 
powder.  rosin  and  other  combustible  materials. 

w^iis and,"  nets      §  26.     ToTcgulate  and   order  parapet  walls  and  parti- 
tion fences. 
M-ei?iits       and      §  27.     To  establish  standard  weio-hts  and  measures,  and 
regulate  the  weights  and   measures  to  be  used  in  tlie  city, 
in  all  cases  not  otlierwise  provided  for  by  law. 
insppctois       of      §   28.     To  provide  for  the   inspection  and  measurement 
um.>er, . ..      ^^  iumbcr  and  other  building  materials,  and  for  the  meas- 
urement of  all  kinds  of  mechanical  work. 

6   29.     To  provide   lor  the  inspection  and  weighing  of 

Inspectors  01  liay,  ,i  ii  '  ^      i>  j 

&c.  /ia\  and  stone  coal,  the   measuring   of  charcoal,  fire  wood 

and  other  fuel  to  be  sold  and  used  within  the  city. 
lusppctioii  oi  to-      §   30.     To  provide   for  and  regulate   the    inspection  of 
lacLo,  \c.         tobacco,  beef,  pork,  flour,  meal  and  whisky  in  barrels. 
!  1'^  nctov-onni'-      ^^  ^^'     ^^  regulate   the  inspection   of  butter,  lard  and 
iL,,  &c.  other  provisions. 

§   32.     To  regulate    the    weight,    quality   and    price  of 
'■'"■bread  to  be  sold  and  used  in  tlie  city. 
sixo  <  1  bricua.         §   33.     To  rcgulatc  the  size  of  brick  to  be  sold  or  used 

in  the  city. 
cruuis.  vj   34.      To  provide   for  taking   enumerations  of  the  in- 

haiiitants  of  tiie  city. 
k;  vLon  ;'nd  ro-      §   35.     To  rcgulatc  tliB  elcction  of  the  city  officers,  and 
151'/'?^!°' ''''•^'"'"  provide   for   removing  from  office    any  ])erson  holding  an 
olfice  created  by  ordinance. 

«S   36.     To  regulate    the   police   of  the   city,  to   impose 

Police  repula; ions        •>  -      r   •  i  i    •  ■  i         <  i- 

and  line.-..  fiiies,  loricitures  and  penalties  tor  the  breach  ot  any  ordi- 
nance, and  provide  for  the  recovery  and  apprehension  of 
such  fines  and  forfeitures,  and  the  enforcement  of  such 
pt'Uialties. 

§  37.  To  fix  the  compensation  of  all  city  officers,  and 
regulate  the  fees  of  jurors,  witnesses  and  others,  for  ser- 
vii.'.t;s  rendered  under  this  act,  or  any  ordinance. 

§  38.  The  city  council  shall  have  power  to  make  all 
ordinances  which  shall  be  necessary  and  proper  for  carry- 
ing into  execution  the  powers  specified  in  tiiis  act,  so  that 
Silch  ordinances  be  not  repugnant  to  nor  inconsistent  with 
tliL'  constitution  of  the  United  States,  or  this  state. 

§  39.  The  style  of  the  ordinance  of  the  city  shall  be  : 
"/>'<'  il  ordained  by  the  city  council  of  the  city  of  fVarsaiv.^'' 


Comperisat 


atyle  of  ordlnun- 


147  1853. 

§  40.     All  ordinances  passed  by  the  city  council  shall,  Publication  of  or- 
within  one  month  thereafter,    be   published  in  some  news- 
paper published  in  the  city,  and  shall  not  be  in  force  until 
tliey  shall  have  been  published  as  aforesaid. 

§  41.  All  ordinances  of  the  city  may  be  proven  by  the  Proof  of  ordinan- 
seal  of  the  corporation,  and  when  printed  and  published 
in  book  or  pamphlet  form,  and  purporting  to  be  printed 
and  published  by  authority  of  the  corporation,  tiie  same 
shall  be  received  in  evidence  in  all  courts  and  places  with- 
out further  proof. 

ARTICLE  SIXTH— 0/  the  Mayor. 

§    1.      The  mayor  siiall  preside   at  all  meetings  of  theMayorto  preside 
city  council,  and   shall  have  a  casting  vote,  and  no  other,  counciu  "^°"" 
In  case  of  non-attendance  of  the   mayor   at   any  meeting, 
the  board  of  aldermen   sliall  appoint  one  of  their  number 
chairman,  who  shall  preside  at  that  meeting. 

§  2.     The  mayor  or  any  two  aldermen  may  call  special  spedai  mooting-; 
meetings  of  the  city  council. 

§  3.  The  mayor  shall  at  all  times  be  active  and  vigilant  Duties  of  mayor. 
in  enforcing  the  laws  and  ordinances  for  the  government 
of  said  city  ;  he  shall  inspect  the  conduct  of  all  subordi- 
nate officers  of  said  city,  and  cause  negligence  and  posi- 
tive violation  of  duty  to  be  presented  and  punished  ;  he 
shall  i»om  time  to  time  communicate  to  the  aldermen  such 
information,  and  recommend  all  such  measures  as  in  his 
opinion  may  tend  to  the  improvement  of  the  finances,  the 
police,  the  health,  security,  comfort  and  ornament  of 
the  city. 

§  4.  He  is  hereby  authorized  to  call  on  every  male  in-p^^gg, 
habitant  of  said  city  over  the  age  of  eighteen  years  to  aid 
in  enforcing  the  laws  and  ordinances,  and  in  case  of  riot 
to  call  out  the  militia,  to  aid  him  in  suppressing  the  same, 
or  in  carrying  into  effect  any  law  or  ordinance,  and  any 
person  who  shall  not  obey  such  call  shall  forfeit  to  the  said 
city  a  fine  not  exceeding  five  dollars. 

§   5.     He  shall  have  power,  whenever  he  may  deem  itPo^erto  compel 

3  ^  •  /  re  r  -J       -J.  I   M  -^    exhibition        of 

necessary,  to  require  oi  any  omcer  or  said  city  an  exlubit  books,  ic. 
of  his  books  and  papers. 

6   6.     He  shall  have  power  to  execute  all  acts  that  may  Executive  power. 
be  required  of  him  by  any  ordinance  made  in  pursuance  of 
this  act. 

§   7.     He  shall  be  commissioned  by  the  governor  as  axo  be  commis- 
justice  of  the  peace  for  said  city,  and   as   such  shall  be  a  of°the  p^acT."''* 
conservative  of  the  peace  in  said  city,  and  shall  have  pow- 
er and  authority  to  administer  oaths,  issue  writs  and  pro- 
cesses under  the  seal  of  the  city,  to  take  acknowledgments 
of  deeds,    mortgages    and    other  instruments  of  writing, 


1853.  148 

and  certify  the  same  under  the  seal  of  the  city,  which  shall 
be  good  and  valid  in  law. 
Exclusive  Juris       ?i  8.     He  sliall  have  exclusive  jurisdiction  in  all  cases 

diction.  •    ■  1         .  ,  !•  f   A^  A-  ^ 

arising  under  tlie  ordinances  ot  the  corporation,  and  con- 
cin  rent  jurisdiction  with  all  other  justices  of  the  peace  in 
all  civil  and  criminal  cases  within  the  limits  of  said  city  ari- 
sing under  the  laws  of  the  state,  and  shall  receive  the  same 
fees  and  compensation  for  his  services  in  similar  cases. 

§  9.  He  shall  also  have  such  jurisdiction  as  may  be 
vested  in  him  by  ordinance  of  the  city  in  and  over  all 
places  within  five  miles  of  the  boundaries  of  the  city,  for 
the  purpose  of  enforcing  the  health  and  quarantine  ordi- 
nances and  regulations  thereof. 

salary.  ^    10.     And  he  shall  receive  for  his  services  such  salary 

as  shall  be  fixed  by  an  ordinance  of  the  city,  and  the  usual 
fees  of  the  justices  of  tlie  peace. 

ijabiiity  to  in-  §11-  In  case  the  mayor  shall  at  any  time  be  guilty  of 
dictmcnt.  ^  palpahle  omission  of  duty,  or  shall  wilfully  ami  corrupt- 
ly be  guilty  of  oppression,  malconduct  or  partiality  in  the 
discharge  of  the  duties  of  his  office,  he  shall  be  liable  to  be 
indicted  in  the  circuit  court  of  Hancock  county,  and  on 
conviction  he  shall  be  fined  not  more  than  two  hundred 
dollars  ;  and  the  court  sliall  have  ])ower,  on  the  recommen- 

j  <s;:aient.         datiou  of  the  jury,  to  add  to  the  judgment  of  the  court  that 
he  be  removed  from  office. 

ARTICLE  SEYEISTK.— Proceedings  in  Special  Cases. 

Private  property,      §   2.     When  it  sliall  bc  ucccssary  to  take  private  prop- 
how  apprupiia- ^j,^y  ^^^^  Opening,  widening  or  altering  any  public   street, 
lane,  avenue  or  alley,  the   corporation  shall  make  a  just 
compensation  therefor  to  the  person  whose  property  is  so 
taken  ;  and  if  the  amount  of  such  compensation  cannot  be 
agreed  on,  the  mayor  shall   cause  the  same  to  be  assessed 
by  a  jury  of  six  disinterested  freeholders  of  the  city. 
Open'ng,  widen-      §   2.     Wlicu  tlic  owucrs  of  all  the  property  on  the  street, 
i.ig  and  altering]  an  e    avenuc  or  alley  proposed  to   be  opened,  widened  or 

or  streets.  i  i      i      n  •    •  i  ,  •  -i 

altered  sliall  petition  therefor,  the  city  council  may  open, 
widen  or  alter  such  street,  lane,  avenue  or  alley,  upon  con- 
ditions to  be  prescribed  by  ordinance,  but  no  compensa- 
tion shall  in  such  case  be  made  to  those  where  property  shall 
be  taken  for  the  o])ening,  widening  or  altering  of  sucli  street, 
lane,  avenue  or  alley,  nor  shall  there  be  any  assessment  of 
benefit  or  damage  that  may  accrue  thereby  to  any  of  the 
petitioners. 
Jurors  to  be  ^  3.  All  jurors  impanncllcd  to  inquire  into  the  amount 
of  benefit  or  damage  which  sliall  hajipen  to  the  owners  of 
property  ])roposed  to  be  taken  for  opening,  widening  or  al- 
tering any  street,  lane,  avenue  or  alley  shall  be  first  sworn 


149  1853. 

to  that  effect,  and  shall  relurn  to  the  mayor  tlifiir  inquest, 
in  writing,  ;-igned  by  each  juror. 

§   4.     In  assessing  tlie  amount  of  compensation  lor  prop-  juneof  ass -bSng 
erty  taken  for   opening,  widening   or   altering  any  street,  ^'^^astu. 
lane,  avenue  or  alley,  the  jury  shall  take  into  consideration 
the  benefit  as  vyell  as  the  injury  happening  by  such  opening, 
widening  or  altering  of  such  street,  lane,  avenue  or  alley. 

§   5.     The  mayor  shall  have  power,  for  any  good   cause  ,\ssc?smcnt  mor 
shown,  within  ten  days  after  any  inquest  shall  have  been  re-  ''•^ s'^' asioe. 
turned  to  him  as  aforesaid,  to  set  the  same  aside,  and  cause 
a  new  inquest  to  be  made. 

§   6.     The  city  council  shall  have  power,  by  ordinance,  spcdii  tart'-frr 
to  levy  and  collect  a  special  tax  on  tiie  holders  of  the  lots  stre«^t  purposes. 
on  any  street,  lane,  avenue  or  alley,  or  part   of  any  street, 
lane,  avenue  or  alley,  accorditig  to  their  respective  parts 
owned  by  them,  for  the  purpose  of  paving  and  grading  the 
side  walks. 

ARTICLE  EIGHTH.— MlsceHaneaus  Provisions. 

§  1.  'ihe  inhabitants  of  the  city  of  Warsaw  are  Iiereby  Exemption  ir  m 
exempted  from  working  on  any  road  beyond  tlie  limits  of  tl'^t.'^city'"^ '^"'^ "^ 
the  city. 

§•  2.  The  city  council  shall  have  power,  for  the  purj)0se  street laboi. 
of  keeping  the  slreets,  lanes,  avenues  and  alleys  in  rejjair, 
to  require  every  male  inhabitant  in  said  city,  over  twenty- 
one  years  of  age,  to  labor  on  said  streets,  lanes,  avenues 
and  alleys  not  exceeding  three  days  in  each  and  every  year; 
and  any  person  failing  to  perform  such  labor  wiien  duly  no- 
tified by  the  supervisor,  shall  forfeit  and  pay  the  sum  of 
one  dollar  per  day  for  each  day  so  neglected  or  relused. 

§   3.     The   city  council  shall  [have]  power  to  provide  p^mfhrnent    cr 
for  tiie  punishment  of   oflenders   by  imprisonment  in  the  o"'="'icr». 
county  or  city  jail,  in  all  cases  where  such  offenders  shall 
fail  or  refuse  to  pay  the  fines  and  forfeitures  which  may  be 
recovered  against  them. 

§   4.     The   city  council  shall  cause  to  be  publish  d  an- publication  of  rr- 
nually  a  full  and  complete  statement  of  all  moneys  received  p[.',tafn;;''et'.^  '*' 
and  expended  by  the  corporation  during  the  preceding  year, 
and  on  what  account  received  and  expended. 

§   5.     All  ordinances  and  resolutions  passed  by  the  pres-ordrniiKis     tt 
ident  and  trustees  of  the  town  of  Warsaw  shall  rc-main  in  "''^'■'"'^• 
force  until  the  same  shall  be  repealed   by  the  city  council 
hereby  created. 

§   6.     All  suits,  actions  and  prosecutions  instituted,  com-  Mariner  of  insn- 
menced  or  brought  by  the  corporation  hereby  created  shall  ocuJuju'suiu!" " 
be  instituted,  commenced  and  ])roseeuted  m  the  name  of 
the  city  of  Warsaw.  Actions  &c. com 

§   7.     All  actions,  fines  and  forfeitures  wl.ich  have  ac-  corporatioU  'i* 
e  presi 


1853.  150 

shall  be  vested  in  and  prosecuted  by  the  corporation  here- 
by created. 

Property  to  vest      §   8.     All  property,  real  and  personal,  heretofore  belong- 

mne^' corpora- i„g  ^^  ^j^g  president  and  trustees  of  the  town  of  Warsaw, 
for  the  use  of  the  inhabitants  of  said  town,  shall  be  and  the 
same  is  hereby  declared  to  be  vested  in  the  corporation 
hereby  created. 

AcusoftAvutiuf-      §   9.     Tiiis  charter  shall  not  invalidate  any  act  done  by 
vlud.*^'  remain  |.jj^  president  and  trustees  of  the  town  of  Warsaw,  nor- di- 
vest them  of  any  right  which  m-iy  have  accrued  to  them 
prior  to  th.e  passage  of  tliis  acf. 

Promulgation  of  §  10.  The  president  and  trustees  of  the  town  of  War- 
saw shall,  immediately  after  the  passage  of  this  act,  take 
measures  to  promulgate  this  law  within  the  limits  of  the 
city  of  Warsaw,  and  issue  their  proclamation  for  the  elec- 
tion of  officers,  and  cause  the  same  to  be  p.ublished  in  all 
the  news})apers  in  said  city  for  four  weeks  in  succession 
prior  to  tiie  day  of  election  for  said  city  officers. 

Api'cx.s.  §  11-     Appeals  shall  be  allowed  from  all  decisions  in  all 

cases  arising  under  the  provisions  of  this  act,  or  any  ordi- 
nance passed  in  pursuance  thereof,  to  tiie  circuit  court  of 
Hancock  county  ;  and  every  such  appeal  shall  be  taken  and 
granted  in  the  same  manner  and  v/ith  like  effect  as  appeals 
are  taken  from  and  granted  by  justices  of  the  peace  to  the 
circuit  court  under  the  laws  of  this  state. 

uj.i-rjx-  pro  tern.  §  12.  Whenever  the  mayor  siiall  absent  himself  from 
the  city,  or  shall  resign,  or  die,  or  liis  office  sliall  be  other- 
wise vacated,  the  board  of  aidermen  shall  immediately  pro- 
ceed to  elect  one  of  tlieir  number  president,  who  shall  be 
mayor  pro  fern. 

■uiis  act  to   be      §    13.     This  act  is  liereby  declared   to  be  a  public  act, 

public.  gj.,j  ^^y  ]jg  n;,-d.A  in  evidence  in  all  courts  of  law  and  equity 

in  this  state,  without  proof. 

5   14.     All  acts  and  parts  of  acts  coming  witliin  the  pro- 

A  'ts  and  parts  of      .  J  ^  ,  i   •         i  ,  i  ■ 

a  ts  repealed,  visious  01  tliis  charter  that  are  conti'ary  thereto,  or  incon- 
sistent with  its  provisions,  are  hereby  repealed. 

Pouerio  oxecuts      §    15.     The  city  marshal,  or  any  other  officer  authorized 

'^■''■""  to  execute  writs  or  other  process   issued  by  the  mayor, 

shall  have  power  to  execute  the  same  any  where  witliin  the 
limits  of  said  Hancock  county,  and  shall  be  entitled  to  the 
same  fees  for  traveling  as  are  allowed  to  constables  in 
similar  cases. 

iwceti.ni,- .  §    16.     The  city  of  Warsaw  is  hereby  authorized,  iu  ad- 

dition to  the  taxes  already  authorized  to  be  collected,  to 
levy  a  tax  not  exceeding  one-eighth  of  one  per  centum  in 
each  year  on  ail  taxable  property  in  said  city,  the  proceeds 
of  which  said  tax  shall  be  wholly  applied  to  the  support  of 
common  scho  ds  in  said  city,  and  to  no  other  purpose.  Said 
tax  is  to  be  collected  in  the  same  manner  and  under  the 
same  regulations  thai  other  city  taxes  are  collected. 


161  1853. 

6   17.     The  city   council  of  said  city  shall  liave  power •'T'!'''  f"""  '"- 

,       ^  .  ,       r.  <       .  .  .  V  1    i-  11  .        dosing  srouuds. 

to  provide  for  enclosing,  improving  and  regulating  all  pub- 
lic ground  within  the  city,  and  for  the  punishment  of  inju- 
ries or  damage  done  to  trees,   buildings  or  other  iinprive- 
ments  thereon,  to   license,  tax   and  regulate   auctioneer^,  Auctionceri,gro- 
merchants  and  retailers,  groceries,  taverns,  and  all  places  ^'■'■'*'*"^- 
where  fermented  liquors  are  sold,  and   the  venders  of  tlie 
same,  hawkers,  pedlers,  brokers,  pawnbrokers  and  moufy  I'loviso. 
changers:  Provided,  that  nothing  herein  contained  shall  he 
construed  to  vest  in  said  city  council  authority  to  grant  li- 
cense in  any  cases  or  for  any  purposes  where  tiie  same  may  be 
prohibited  by  any  existing  or  future  general  law  of  this  state. 

§  IS.  The  city  marshal  of  said  city  shall,  by  virtue  of'^'''."  in:'.isiu,i  t» 
his  office,  be  a  constable  of  Hancock  county,  with  power  .  f "o.usiuLie. ' 
to  serve  process,  and  to  do  all  acts  that  constables  n:iav 
lawfully  do,  and  shall  receive  the  same  fees  as  are  allowed 
to  other  constables  by  law,  and  shall,  before  entering  upoi> 
the  discharge  of  his  office,  in  addition  to  the  ordinary  bond 
which  may  be  required  of  him  by  city  ordinance,  execute 
another  bond  and  file  it  in  the  office  of  the  clerk  of  the 
countv  court  of  Hancock  county,  in  like  manner  as  oth.er 
constables  are  now  required  to  do  by  law,  and  he  shall, 
moreover,  take  the  same  oath  to  discharge  the  duties  of 
his  office,  and  in  the  same  manner  that  other  constables  are 
now  required  to  take. 

§  19.  The  city  council  shall  have  power  to  provide  by 'nfaxir-f  o"irt!^ 
ordinance  for  the  organization  and  maintenance  of  a  may- 
or's court  for  said  city,  and  for  tiie  trial  and  punishment  of 
all  offenders  against  the  ordinances  of  said  city,  made  in 
conformity  with  the  powers  granted  in  this  charter  and  not 
inconsistent  with  the  constitution  of  the  United  States,  or 
of  this  state. 

6   20.     That  in   addition   to  the    powers    and   privileges  <^''t>'  council   to 

,-'.,,  r.  1^1  • ,  '  Mi-  ■  ^        -,  I-  subscribe  for  rail 

herembelore  conierred,  the  city  council  or  said  city  of  or  plant  road 
Warsaw,  wlienever  a  majority  of  the  legal  voters  of  said  '''°'^'^" 
city  sliall,  by  vote  at  an  election  called  for  that  purpose  by 
the  city  council,  so  express  their  wish  to  purchase  or 
subscribe  for  shares  of  the  capital  stock  in  any  railroad 
company  or  plank  roaa  company  already  incorporated,  or 
or  hereafter  to  be  incorporated  or  organized  under  any 
law  of  this  state,  and  located  wholly  or  in  part  in  said 
Hancock  county,  in  any  sum  or  sums  not  exceeding  one 
hundred  thousand  dollars  in  the  aggregate  ;  and  the  stock 
so  subscribed  for  or  purchased  shall  be  under  the  control 
of  the  city  council  of  said  city,  in  all  respects  as  stock  own- 
ed by  individuals. 

5   21.     That    for    the  payment  of   said   stock  the  city  Pny^nentoi  stock 

^.,„.,  II  ii-i..!  BuL.crlbedlOi 

council  of  said  city  are  hereby  authorized  to  borrow  mo-  cuy. 
ney  at  any  rate   not  exceeding  ten  per  cent,  per  annum, 
and  to  pledge  the  faith  of  the  city  for  the  annual  payment 
of  the  interest   and  the  ultimate  redemption  of  the  princi- 


1853. 


152 


Amount     that 
boads  are  t.j  le 
lasued  for. 


pal ;  or  if  said  city  council  shall  deem  it  most  advisable, 
tiiey  are  lieieby  authorized  to  ])oy  for  such  siibscriptious  or 
purchase  in  the  bonds  of  the  city,  to  be  drawn  lor  that 
purpose  in  sums  not  less  than  fifty  dollars,  bearing  interest 
not  exceeding  ten  per  cent,  per  annum  :  Froiidec/^ihsit  no 
bond  shall  be  paid  cut  at  a  less  rate  than  par  Aalue. 
Bonds  ot  city  to  §  22.  The  railroad  Companies  and  plaiilf  road  compa- 
^itoTstock. '''' "^^^  already  organized  or  incorporated,  or  hereafter  to  be 
organized  or  incorporated  under  tlie  laws  of  this  slate,  and 
lying  or  being  wholly  or  in  part  within  t)ie  limits  of  said 
Hancock  county,  are  hereby  authorized  to  receive  the 
bonds  of  said  city  to  the  caj)ital  stock  of  said  company  at 
par  and  in  lieu  of  cash,  and  to  issue  their  bonds  bearing 
interest  not  exceeding  ten  per  cent,  per  annum,  for  any 
moneys  by  them  borrowed  for  the  construction  of  their 
railroad  or  plank  road  and  fixtures,  or  for  the  purchase  of 
engines  and  cars,  and  for  such  purpose  may  dispose  of  any 
bonds  by  them  received  as  aforesaid. 

§  23.  No  bonds  shall  be  issued  under  the  provisions  of 
this  act,  excepting  for  the  amounts  required  to  be  })aid  at 
the  time  of  subscrij)lion,  and  for  the  amounts  of  and  at 
the  time  wheji  assessments  upon  all  the  stockholders  of 
said  company  shall  be  regularly  assessed  and  inade  payable. 

§  24.  The  said  city  of  Waisaw  is  hereby  authoiized,  in 
addition  to  the  taxes  herein  before  authorized  to  be  col- 
lected, to  levy  and  collect  a  special  annvai  tax  upon  the 
property,  real  and  personal,  situated  in  said  city,  suthcient 
for  the  payment  of  the  annual  interest  which  may  accrue 
upon  any  i)onds  to  be  issued  by  said  city  for  railroad  or 
plank  road  purposes,  under  the  provisions  of  this  ciiarter. 
Said  special  tax  to  be  levied  and  collected  at  the  same  time 
and  in  the  same  manner  as  other  taxes  levied  by  said  city, 
and  the  said  city  shall  liavethe  same  rights,  ])owers.and  rem- 
edies to  enforce  the  collection  ofthe  same,  by  the  sale  oi  [oro- 
perty  or  otherwise,  as  in  or  may  be  ])rovided  for  in  other 
tases  relating  to  the  city  revenue.  Said  tax  when  collected 
shall  be  by  the  said  city  council  set  apart  and  held  sejjarate 
and  distinct  from  the  other  jjortions  of  ihe  city  ]'evenue  as 
a  fund  specially  pledged  for  a  payment  of  the  annual  in- 
terest on  the  bonds  aforesaid,  and  shall  be  by  the  said  city 
council  from  time  to  time  applied  to  tlie  payment  of  said 
interes  as  the  .same  becomes  due  and  pa}  able,  and  to  no 
Other  purpose  whatever. 

§  25.  Tiiat  portion  of  township  four  nort'',  range  nine, 
west  ofthe  fourth  princi[)al  mrridian,  lying  within  the  cor- 
porate limits  of  the  city  of  Warsaw,  with  such  parts  of 
said  township  as  may  be  hereinafter  incorporated  with  and 
become  un('er  the  jurisdiction  of  said  city,  shall  be  and 
the  same  is  hereby  erected  into  a  common  school  district, 
to  be  known  as  and  called  the  "Warsaw  .School  District." 


153  1853. 

§  26.  The  care  and  superintendence  of  the  commonSuponntendencs 
schotil.s  within  the  city  of  Warsaw,  tosj;ether  with  the  funds  schools.*^ 
and  estate,  botli  real  and  personal,  belonging  to  and  which 
may  be  conveyed  to  said  Warsaw  scliool  district,  shall  de- 
volve uj)on  the  city  council  of  the  city  of  Warsaw,  and 
they  shall  have  power  to  appoint,  at  their  first  meeting  alter 
their  annual  election  in  eaoli  year,  a  general  superinten- 
dent of  public  schools,  for  said  city  of  W^arsaw  whose 
term  of  olfice  shall  be  for  one  year,  and  until  his  successor 
shall  be  duly  elected  and  qualified,  and  his  duties  and  the 
amount  of  his  salary  shall  be  defined  by  the  city  council  of 
the  city  of  Warsaw:  Provided,  however,  that  the  said  rrovias. 
salary  shall  at  no  time  be  paid  out  of  the  school  fund  be- 
longing to  said  Warsaw  school  district;  and  said  city 
council  shall  have  power  to  make  all  laws  and  ordinances 
necessary  and  proj)er  for  the  management  of  said  common 
schools  not  inconsistent  with  the  constitution  of  this  state. 

§  27.  The  township  funds  and  estate,  real  and  per- Townswp  fmni* 
sonal,  belonging  to  said  township  four  north,  range  nine  *»  i^^  divided, 
west,  shall  be  divided  betv/een  the  city  of  Warsaw,  and 
the  portions  of  said  township  lying  without  the  city  of 
Warsaw,  as  follows  :  the  trustees  of  schools  cf  township 
four  north,  range. nine  west,  shall,  within  three  months 
from  and  after  the  passage  of  this  act,  appoint  three 
respectable  householders,  one  from  the  city  of  Warsaw, 
one  from  township  four  north,  range  nine  v  est,  residing 
outside  of  the  cit\,  and  one  residing  in  townsliip  four 
north,  range  eight  west,  in  said  Hancock  county,  who,  or 
a  majority  of  whom,  after  being  duly  sworn  well  and  truly 
to  perform  their  duty,  shall  ascertain  as  nearly  as  may  be 
the  number  of  white  persons  under  the  age  of  twenty 
years  residing  within  said  township  four  north,  range  nine 
west,  both  within  and  without  the  limits  of  said  city  of 
Warsaw,  and  tiiey  shall  divide  and  apjjortion  the  aforesaid 
township  funds  and  estate  according  to  the  number  of 
chihlren  under  the  age  aforesaid,  residing  in  said  township 
witliin  and  without  said  city  of  Warsaw,  and  shall  pay  over 
and  deliver  to  said  city  tiie  distributive  share  of  the  said 
township  funds  and  estate  aforesaid,  to  wliich  tlie  said 
Warsaw  school  district  may  be  entitled,  according  to  the 
number  of  white  persons  under  the  age  aforesaid,  residing 
in  said  township  within  and  without  t!ie  limits  of  said  city 
respectively,  and  the  said  commissioners  shall  have  power commSsBionerei* 
to  make  their  deed  of  partition,  and  convey  to  the  city  of  ""'"'^  partiucs. 
Warsaw  its  distributive  share  of  the  real  estate  be'onging 
to  the  school  fund  of  said  township  aforesaid;  and  in  case 
the  con)missioners  ap[)ointed  as  aforesdid  shall  refuse  or 
neglect  to  perform  the  duties  aforesaid  within  oi.e  month 
from  the  time  of  their  appointment,  the  said  trustees  of 
schools  of  said  township  sliall  have  power  to  appoint  others 


to  Waraaw 
trict. 


1853.  154 

in  their  stead,  either  in  or  out  of  said  city  of  Warsaw,  who 
shall,  in  like  manner,  be  sworn  and  perform  the  duties 
assigned  to  the  first  mentioned  commissioners;  and  said 
trustees  shall  have  power  to  make  appointments  and  fill 
vacancies  in  the  same  until  the  objects  of  this  act  are  car- 
Tiso.  ried  into  effect :   Provided,  the  same  shall  be  done  within 

twelve  months  from  and  after  the  passage  of  this  act. 
steestodeiiv-      §   28.     The  trustees  of  schools  of   said   township  four 

other"°propoT'ty"ortli)  range  nine  west  shall,  upon  such  partition  being 
-made,  p:iy  over  and  deliver  to  the  city  of  Warsaw  the 
funds  and  deeds  to  which  said  Warsaw  school  district  may 
be  entitled  according  to  the  division  and  distribution  afore- 
said, and  shall  take  from  the  clerk  of  the  city  of  Warsaw 
a  receipt  for  the  same.  All  scliooi  houses  in  said  city  of 
Warsaw  which  have  been  built  by  taxation  or  voluntary 
contribution  shall  be  and  remain  the  property  of  the  city 
for  school  purposes,  and  not  subject  to  partition  as  provided 
in  the  preceding  section,  but  the  same  [shall]  be  by  said 
commissioners  conveyed  to  the  said  city  in  the  same  man- 
ner as  the  property  which  may  be  by  them  partitioned  and 
set  oft'  to  said  city  as  hereinbefore  provided. 
.,  §   29.     It  shall   be   the  duty   of  the  city  council  of  the 

furnish commis-  city  of  Warsaw  to  cause  to  be  furnished  to  the  school 


scnooi  com- 
abTtractr*'^  *°missioner  of  Hancock  county  an  abstract  of  the  whole 
numoer  of  white  children  under  the  age  of  twenty  years, 
residing  in  said  Warsav/_  school  district,  witiiin  ten  days 
after  tlie  number  shall  be  ascertained:  and  the  said  school 
commissioner  shall  annually  pay  to  the  clerk  of  the  city  of 
Warsaw  the  proportion  of  the  school,  college  and  seminary 
fund  to  which  the  said  Warsaw  school  district  may  be  en- 
titled according  to  the  number  of  children  under  the  age 
aforesaid  residing  in  said  district,  taking  his  receipt  for  the 
same  :  Provided,  that  no  abstract  of  the  number  of  chil- 
dren as  aforesaid,  residing  in  said  Warsaw  school  district, 
shall  be  returned  to  said  school  commissioner  oftener  than 
once  in  two  years,  as  required  in  other  school  districts. 

All  members  of  any  fire   company  of  the  city  of 
companies    o^^-WarsDW  residing  in  said  city,  (lurinsx  the  time  he  shall  re- 

ampt  from  ser-  .  .  "  •  i  i  i  •    i      i  i 

ving  as  Jurors  mam  a  member  ol  sucli  company,  and  comply  with  the  rules 
itr'eet labur.   ""^  and  perform  the  d uties  thereof,  shall  be   exempt  from   all 
road  and  street  labor,  and  from  serxing  as  jurors,  in  every 
Proviso.  case  whatever:  Provided,\\\2X\\\\%  section  shall  not  be  so 

construed  as  to  exempt  any  person  from  any  tax  upon 
property. 
a^empt  from  §  '^  ^ '  The  Said  city  of  Warsaw  sliall  be  exempt  froui  tliB 
^^Ji^^i'i' organ-  provisioiis  of  any  and  all  laws  providing  for  a  system  of  town- 
ship org  mization  now  in  force,  or  which  may  hereafter  be 
in  force  :  Provided,  that  nothing  in  this  section  contained 
shall  prevent  the  legal  voters  residing  in  said  city  from  vo- 


155  1863. 

ting  on  the  question  of  township  organization  at  any  regu- 
lar election  lield  by  the  county  for  that  purpose. 

§  32.  That  all  general  laws  or  parts  of  laws  heretofore  Application  ©f 
passed,  or  whicii  may  be  hereafter  passed,  for  the  purpose  eeneraiiaws. 
of  adding  to  or  enlarging  the  powers  of  towns  and  cities 
which  have  been  or  hereafter  may  be  incorporated  by  any 
special  act,  or  by  virtue  of  any  general  law  of  this  state, 
shall  be  (Jeemed  and  held  to  a])ply  as  well  for  the  benefit 
of  the  said  city  of  Warsaw  as  of  any  other;  and  it  shall  at 
all  times  be  lawful  for  the  city  council  of  said  city  of  War- 
saw to  claim  and  exercise  any  and  all  powers  which  may 
have  or  may  hereafter  be  granted  by  general  laws  for  the 
purpose  of  adding  to  or  enlarging  or  extending  the  powers 
of  towns  and  cities  as  aforesaid. 

'  §  33.  The  city  council  shall  have  power  to  provide  by  city  councu  to 
ordinance  that  all  taxes  levied,  assessed  and  collected  un-  ass Jssmen't'^ and 
der  and  by  virtue  of  the  provisions  of  this  act  shall  be  as-  collection  of  tax- 
sessed  and  collected  by  the  same  assessor  and  collector, 
whose  duty  it  shall  be,  by  general  law,  to  assess  and  col- 
lect the  state  and  county  tax  for  township  four  north,  range 
nine  west,  in  said  Hancock  county.  If  said  city  council 
shall  wish  to  have  said  city  taxes  so  assessed  and  collect- 
ed, it  shall  be  their  duty  to  inform  the  clerk  of  the  county 
court  as  soon  as  convenient  after  the  assessment  is  made 
in  each  year  for  state  and  county  purposes,  of  the  rate  per 
cent,  of  taxation  levied  by  them  for  city  purposes  for  said 
year;  and  it  shall  thereupon  be  the  duty  of  said  county  Duty  of  cierk  i>f 
clerk  to  carry  out  each,  and  extend  said  tax  upon  the  books  county  court. 
of  the  assessor  and  collector  in  the  same  manner  that  he  is 
now  required  by  law  to  carry  out  and  extend  the  district 
school  tax  against  the  name  of  each  tax  payer,  whether 
resident  or  non-resident,  owning  property  in  said  cit}  ;  and 
said  city  tax  shall  be  collected  in  every  respect,  and  the 
collection  thereof  enforced  in  like  manner  and  with  like 
remedies  as  the  state  and  county  tax,  and  shall  be  paid 
over  by  the  collector  to  the  treasurer  of  said  city  at  the 
sam.3  time  that  the  county  revenue  is  required  to  be  paid 
ovci-  to  the  county.  Any  court  which  shall  render  judg- 
ment in  said  Hancock  county  against  lands  and  lots  in  said 
city  for  non-payment  of  taxes  due  the  state  and  county 
shall,  at  the  same  time,  include  in  the  same  judgment  any 
and  ail  taxes  which  may  be  due  said  city  on  any  such  prop- 
erly. For  his  services  in  carrying  out,  adding  and  extend- 
ing said  tax  in  the  books  of  the  assessor  and  collector,  said 
clerk  of  the  county  court  shall  receive  one  per  cent,  on 
tlie  amount  of  tax  collected.  The  collector  siiall  receive 
tlie  same  compensation  which  may  be  allowed  by  law  for 
the  collection  of  state  and  county  taxes,  and  shall  be  liable 
on  his  official  bond  for  the  payment  of  all  such  city  tax  by 


1853. 


1^6 


Fees  and  com- hiiTi  collectcd.     The  fees  of  the  clerk  and  collector  to  b<( 
pensatioaot  oi-^^^.j  out  of  the  taxcs  thus  collectcd. 

Tax  not  to  exceed      §   34.     The  aggregate  of  the  general  tax  levied  OP  th( 
one  per  cent,     entire  real  and  personal  estate  within  said   city  shall  in  n( 
one   year    exceed    one   per   cent,    on   the    assessed    valm 
thereof. 

§   35.     This  act  to  take  effect  from  and  after  its  passage^ 
Approved  February  1.2,  J 853. 


Sn/orco  Feb.  12,  AN  ACT  to  incorporate  the  Warsaw  and  Port  Byron  Railroad  Companyji 


Doaiinlssloners. 


Section  1.  Be  it  enacted  Inj  the  people  of  the  state  qp^ 
Iiluiois.  represented  in  the  General  ^'hsembly^  Tiiat  all  sucl! 
persons  as  shall  become  stockholders  agreeably  to  the  pro) 
visions  of  tliis  act  in  the  corj)oration  hereby  created,  shall  b(i( 
a  body  corporate  and  politic,  and  shall  have  perpetuaa 
existence,  by  the  name  and  style  of  "The  Wajsaw  ano( 
Port  Byron  Railroad  Company,"  and  by  that  name  majj 
sne  and  be  sued,  complain  and  be  comi)lained  of,  defenod 
and  be  defended,  in  any  court  of  law  or  equity  ;  may  makc( 
and  use  a  common  seal,  and  alter  t!ic  same  at  pleasuie 
may  make  by-laws,  rules  and  regulations  for  the  manage- 
ment  of  property,  the  regulati(nis  of  its  adairs  aiul  forth«( 
transfer  of  its  stock,  not  inconsistent  with  the  existing  law.v; 
and  the  constitution  oftiiis  state  and  of  the  United  States> 
and  miy  apjjoint  such  subordinate  agents,  officers  and  sen 
vants  as  the  business  of  said  company  may  require,  pre- 
scribe their  dutie?,  and  require  bond  for  the  faithful  peM' 
formance  of  their  several  duties. 

§  2.  That  VVm.  II.  R  )sevelt,  David  Gochenour,  of  Haihn 
cock  county,  Samuel  Webster  and  Ivory  Quim!)y,  of  War-ri 
ren  county,  and  Samuel  Andrews  and  George  E.  ilolmes,  o.o 
Rock  Island  county,  be  and  they  are  hereby  a|)pointed  conifi 
mi^sioners  for  the  purpose  of  procuring  subscriptions  to  th(i 
ca{)ital  stock  of  said  company,  whose  duty  it  shall  be  to 
open  books  for  subscription  to  the  capital  stock  of  sale* 
company,  giving  notice  of  the  time  and  place  when  anc 
where  said  books  shall  opened,  at  least  thiity  days  previous 
thereto,  by  publication  in  some  newspaper  published  near-i 
est  where  said  books  are  to  be  opened.  The  said  comi 
missiouers,  or  a  majority  of  them,  shall  attend  at  the  placjj 
appointed  for  the  opening  of  said  books,  either  by  them* 
selves  in  proper  person  or  by  their  agent,  duly  authorized, 
and  shall  continue  to  receive  subscriptions,  either  ])erson- 
ally  or  by  their  said  agents,  until  the  sum  of  one  hundred 
thousand  dollars  shall  be  subscribed:  Provided,  no  sub- 


157  1863. 

cription  shall  be  received  unless  five  per  cent,  on  the 
imoiuit  subscribed  shall  be  paid  thereon  at  the  time  such 
ubscription  is  made.  And  as  soon  as  said  sum  of  one  hun- 
Ired  thousand  doUars  sliall  be  subscrit)ed,  the  said  com- 
nissloners  sliall  give  twenty  days'  notice,  by  publication  in  oivenotiw. 
uch  newspapers  published  along  the  line  of  said  road  as 
Jiey  m^y  deem  proper,  of  an  election  by  said  stockholders 
if  a  board  of  directors  as  hereinafter  pi'ovided  for  the  nian- 
igement  of  tlie  business  of  said  company,  at  such  time  and 
dace  appointed  for  that  purpose.  The  commissioners  ap- 
lointcd  for  that  purpose,  or  a  majoriny  of  them,  shall  at- 
end  and  sliall  act  as  inspectors  ot  said  election,  and  the 
tockholders  shall  proceed  to  elect  seven  directors  by  bal- Elect  director*, 
at,  and  the  commissioners  present  shall  certify  the  result 
if  such  election  under  their  hands,  which  said  certificate 
hall  be  recorded  in  the  record  book  of  said  company,  and 
hall  be  sufficient  evidence  of  the  election  of  the  directors 
bercin  named.  The  directors  thus  elected  shall  hold  their 
ffice  for  one  year,  and  until  their  successors  are  elected 
iid  qualified. 

i§   3.     Tlie   capital  stock  of  said  company  shall  be  live  capuaistoch. 
iundred  thousand  dollars,  which  shall  be  divided  into  shares 
f  one  hundred  dollars  each,  and   the   said  capital  stock 
»ay  be  increased  by  the  directors  of  said  company  to  any 
*im  not  exceeding  one  million  of  dollars,  if  necessary  to 
0mplete  the  work  herein  authorized,  and  the  same  shall 
le  subscribed  for   and  taken  under  the   direction  of  the 
bard   of  directors  of  said  company  in  such  manner  as  said 
irectors  shall  from  time  to  time  direct.     The  stock  of  said 
pmpany  shall  be  deemed  and  considered  personal  property. 
I  §   4.      The    affairs   of  the  company  shall  be  managed  by  Management    of 
board  of  seven  directors,  to  be   chosen   annually  by  the  '^''''''■*^- 
kockholders  from  among  themselves.     At  all  elections  for 
jirectors   each   stockholder  shall  be   entitled  to    one  vote 
|r  each  share  of  stock  held  by  him  or  her,  and  mav  vote 

ither  personally  or  by  proxy  duly  authorized,  and  a  plu- 
lity  of  votes  given  at  any  election  shall  determine  the 
loice,  but  no  stockholder  shall  be  allowed  to  vote  at  any 
jeetion  after  the  first  for  any  share  or  stock  which  shall 
kve  been  assigned  to  him  within  thirty  days  previous  to 
lid  election.  In  case  of  any  vacancy  occurring  in  said  vacancies, 
bard  of  directors  between  the  times  for  holding  regular 
lections,  the  same  may  be  filled  by  the  board  at  any  meet- 
|g  of  the  said  directors,  and  the  persons  so  appointed  to 
il  such  vacancy  shall  hold  tlicir  offices  until  the  next  reg- 
lar  election  for  directors.  In  case  of  the  absence  of  the 
f  the  president  of  the  board  of  directors,  the  directors 
jiall  have  power  to  elect  a  [)resident  j:)'o  fcmporc,  who 
lall  exercise  for  the  time  being  all  the  legal  powers  of  the 
resident  of  said  company. 


1853. 


158 


.Ma'.c>  Ci^lls   upon         S     5. 
utoclilioUersr 


Surveys,  &c. 


Right  of  vray. 


The  directors  are  hereby  authorized  and  empow- 
ered to  make  calls  upon  the  stockholders  at  such  time  and 
in  such  sums  as  they  shall  deem  fit,  giving  at  least  thirty 
days'  notice  of  each  of  said  calls,  in  at  least  two  public 
newspapers  published  in  this  state;  and  in  case  of  failure 
on  the  part  of  any  stockholder  to  make  payment  of  any 
call  made  by  said  directors  for  at  least  forty  days  after  the 
same  shall  have  become  due,  the  said  board  of  directors 
are  hereby  authorized  to  declare  said  stock  so  in  arrears, 
and  all  sums  paid  thereon,  forfeited  to  said  company. 

§  6.  The  said  company  are  hereby  authorized  and  em- 
powered to  locate,  construct  and  complete  and  to  main- 
tain and  operate  a  railroad,  with  a  single  or  double  track, 
and  with  such  appendages  as  maybe  deemed  necessary  by 
the  directors  for  the  convenient  use  of  the  same,  from 
Warsaw,  on  the  Mississippi  river,  in  the  county  of  Han- 
cock, by  the  way  of  La  Harpe,  in  said  countj^,  thence  by 
and  through  the  city  of  Monmouth,  in  Warren  county,  to 
Port  Byron,  on  the  Mississippi  river,  and  are  hereby  au- 
thorized to  survey  and  determine  the  line  of  said  road 
upon  such  route  between  said  points  as  the  said  company 
shall  deem  most  eligible;  and  the  said  company  are  further 
authorized  to  use  and  operate  said  railroad,  and  shall  have 
power  and  authority  to  regulate  the  time  and  manner  in 
whicii  goods,  effects  and  persons  shall  be  transported  on  the 
same,  and  to  prescribe  the  manner  in  which  said  railroad 
shall  be  used,  and  the  rate  of  toll  for  transportation  of 
persons  and  property  thereon,  and  for  the  storage  of  mer- 
chandise or  other  property  under  their  charge,  and  shall 
have  power  to  provide  all  necessary  stock  and  material 
for  the  operation  of  said  road,  and  shall  have  power  to 
erect  and  maintain  all  necessary  depots,  stations,  shops 
and  other  buildings  and  machinery  for  the  accommodation, 
management  and  operation  of  said  railroad. 

§  7.  That  said  company  are  hereby  authorized,  by  their 
engineers  and  agents,  to  enter  upon  any  lands  for  the  pur- 
pose of  making  the  necessary  surveys  and  examinations  of 
said  road,  and  to  enter  upon  and  take  and  hold  all  lands 
necessary  for  the  construction  of  the  said  railroad  and  its 
appendages,  first  making  just  and  reasonable  compensation 
to  the  owner  or  owners  of  said  land  for  any  damage  which 
may  arise  to  tiiem  from  the  building  of  said  road;  and  in 
case  the  said  company  shall  not  be  able  to  obtain  the  title 
of  the  lands  through  which  the  said  road  shall  be  laid,  by 
purchase  or  voluntary  cession,  the  said  company  are  hereby 
authorized  to  proceed  to  ascertain  and  determine  the  dam- 
ages sustained  by  such  owner  or  owners  in  the  manner 
and  uj)on  the  principles  provided  by  the  9i!d  chapter  of  the 
Revised  Statutes  of  this  state,  entitled  "right  of  way  :" 
Provided,  that  after  the   assessment  of  damages  as  pro- 


159  1853. 

vided  in  said  statute,  and  upon  deposit  of  the  amount  of 
such  assessment  in  the  county  treasury  of  the  county 
where  such  lands  lie,  the  said  company  are  hereby  author- 
ized to  enter  upon  such  lands  for  the  construction  of  said 
road. 

§  8.  The  said  company  are  authorized  and  em- Borrow  money. 
powered  to  borrow  from  time  to  time  such  sum  or  sums  of 
money,  not  exceeding  the  capital  stock  of  the  company,  as 
as  in  their  discretion  may  be  deemed  necessary  to  aid  in 
the  construction  of  said  work,  and  to  pay  any  rate  of  in- 
terest therefor  not  exceedmg  ten  per  cent.,  and  to  pledge 
and  mortgage  the  said  road  and  its  appendages,  or  any  part 
thereof,  or  any  other  property  or  effects,  rights,  credits  or 
franchises  of  the  said  company,  as  security  for  any  loan  of 
money  and  interest  thrreon,  and  to  dispose  of  the  bonds 
issued  for  such  loan  at  such  rate  and  on  such  terms  as  the 
board  of  directors  may  determine. 

§  9.     Said  corporation  sliall  be  bound  to  repair  all  pub- Highways,  &c. 
lie  highways,  bridges  and  water  courses  which  may  be  in- 
jured in  constructing  the  said  railroad   or  its  appendages, 
and  shall  restore  them  as  far  as  practicable  to  as  good  a 
condition  as  they  were  originally. 

§  10.  It  shall  be  lawful  for  said  company  to  unite  with  ''^^!,°°7'""  ''"'*' 
any  other  railroad  company  which  may  have  been  or  which 
rtiay  hereatter  be  chartered  by  any  law  of  this  state  com- 
ing to  the  route  of  the  road  hereby  authorized  to  be  con- 
structed, upon  such  conditions  and  under  such  regulations 
as  may  be  agreed  upon  by  the  said  companies. 

§  11.  Any  person  who  shall  wilfully  injure  or  obstruct  Penalty  for  injn- 
the  said  road,  or  any  of  the  appendages  thereto,  shall  be  '''°^''"''  * 
deemed  guilty  of  a  misdemeanor,  and  shall  forfeit  to  the 
use  of  said  company  a  sum  tiiree-fold  the  amount  of  dama- 
ges occasioned  by  such  injury  or  obstruction,  to  be  recov- 
ered in  an  action  of  debt  in  the  name  of  said  company,  with 
costs  of  suit,  before  any  court  having  competent  jurisdiction. 

§   12.     This  act  shall  be  deemed  and  taken  as  a  public  p^bucnct. 
act,  and  shall  receive  a  liberal  construction  in  all  courts 
and  places,  and  shall  be  in  force  from  and  after  its  passage  : 
Provided.,  that  the  rights  herein  granted  shall  be  forfeited  Proviso, 
unless  said  road  shall  be  commenced  within  two  years,  and 
the  sum  often  thousand  dollars  expended  bona  fide  thereon. 

Approved  Feb.  12,  1853. 


AN  ACT  for  the  relief  of  the  American  Bottom  Plank  Road  Company,      in  force  Fpb.  l 

1363. 

Section  1.     Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the    General  Jissembhj,  That  the  Borrow  money, 
American  Bottom  Plank  Road  Company  is  hereby  author- 


1853.  160 

ized  and  empowered  to  borrow  any  sum  of  money,  not  ex- 
ceeding ten  thousand  dollars,  at  any  rate  of  interest  not 
exceeding  ten  per  cent,  per  annum,  and  to  execute  bonds 
or  other  writings  evidencing  said  indebtedness  and  binding 
upon  the  said   company.     Said  company  shall  also  liave 

Powar  to  niort- power  to  cxecute  a  mortgage  upon  t!ie   said  road,  and  its 
'^^'  profits,  tolls   and  property,  real  and    personal,  for  further 

securing  the  payment  of  any  sum  or  sums  of  money  which 
may  be  thus  borrowed  ;  which  bonds,  writings  and  mort- 
gages shall  be  properly  executed  by  the  president  of  said 
company,  under  the  authority  of  the  board  of  directors. 

sasun bonds.  §   ^-   Said   Company  may,  if  they  deem  it  preferable,  in 

order  to  effectuate  said  loan,  issue  their  bonds  to  an  amount 
sufficient  to  raise  the  said  sum  of  not  exceeding  ten  thou- 
sand dollars,  and  to  sell  and  negotiate  tbe  same  when  and 
where  and  at  such  rates  and  prices  as  they  may  think  pro- 
per, and  to  provide,  in  addition,  that  the  bonds  or  other 
evidences  of  indebtedness,  executed  either  under  this  or 
the  first  section  of  this  act,  shall  or  may  be  convertible  in- 
to the  stock  of  said  company.     And  the  said  company  may 

donvey  a  mort-have  tlic  powcr  of  convcyiug  or  mortgaging  their  road,  its 
gage  deed.        property,  tolls  and  profits,  to  trustees  or  other  persons  for 
better  securing   the   repayment  of  any  money  thus   bor- 
rowed, or  bonds  negotiated. 
Approved  February  12,  1853. 


In  force  Feb.  8,  AN  ACT  to  establish  the  town  of  Essex,  in  Vermilion  county,  and  for  the 
1853.  organization  thereof. 

Section  1.  Be  it  enacted  hy  the  people  of  the  state  of 
Boundary.  I'linois,  represented  in  the  General  ./Isscinbly^  That  all  of 
congressional  township  thirty-one  (31)  north,  range  nino 
(9,)  east  of  third  principal  meridian,  in  Vermilion  county, 
be  and  the  same  is  hereby  created  and  established  a  town, 
by  the  name  of  "Essex,"  with  all  the  privileges  and  im- 
munities of  other  towns  in  this  state,  and  subject  to  tiic  same 
liabilities. 
Annual  moeting  §  2.  The  inhabitants  of  said  town  shall  hold  their  an- 
nual town  meeting,  for  the  purpose  of  organizing  and 
choosing  their  town  officers,  on  the  first  Tuesday  of  April 
next,  at  the  house  of  Hamilton  Kceney,  in  said  town,  at 
which  time  they  shall  elect  their  town  oilicers  in  the  man- 
ner prescribed  by  law. 

§   3.     This  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  February  8,  1853. 


Power    of     con- 
stniotlcn. 


161  1853. 

AN  ACT  io  incorporate  the  Randolph  County  Plank  Road  Company.       in  fovm  Fei 

1853.' 

Section  1.  Be  it  enacted  by  iJie  people  of  the  state  of 
Illinois,  represented  in  the  General  *.'Jssemblij,  Tiiat  all 
such  persons  as  sliail  become  stockholders  agreeably  to 
the  provisions  of  this  act  in  the  corjjorr.tion  hereby  created 
shall  be,  and  for  the  term  of  twenty-five  years  from  and  af- 
ter the  passage  of  this  act  shall  continue  to  be,  a  body  pol- 
itic and  corporate,  under  tlie  name  of  t!ie  "Randolph  Conn-  x^mieauj^t 
ty  Plank  Road  Company,"  and  by  that  name  shall  have 
succession  for  the  term  of  twenty-five  years,  may  sue  and 
be  sued,  plead  and  be  impleaded,  answer  and  be  answered 
Unto  in  any  court  of  law  or  equity;  they  may  make  and^'^"="'P'j™ 
use  a  common  seal,  and  alter  the  same  at  pleasure  ;  make 
by-laws,  rules  and  regulations  for  the  management  of  their 
property  and  affairs  and  for  the  transfer  oftTieir  stock,,  not 
inconsistent  with  the  laws  of  this  state  or  of  the  United 
States. 

§  2.^  Said  corporation  shall  have  power  to  construct, 
maintain  and  continue  a  plank  or  turnpike  road,  or  both, 
of  such  width  as  they  may  deem  advisable  by  the  direc- 
tors of  said  corporation,  from  the  tov/n  of  Chester  to  the 
town  of  Sparta,  with  a  branch  to  the  town  of  Steclville, 
and  sucli  other  branches  as  the  directors  may  deem  advi- 
sable, within  the  limits  of  Randolph  county  :  Provided:,  that 
the  main  track  of  such  road  from  Chester  to  Sparta  shall 
be  completed  before  the  construction  of  any  branches  shall 
be  commenced. 

§   3.     The  capital  stock  of  said  company  may  be  fifty  capuai  Ntoc;, 
thousand  dollars,  which  shall  be  considered  personal  prop- 
erty, and  divided  into  shares  of  fifty  dollars   each.     Said 
capital  stock  may,  iiowever,  be   increased   to  an  amount 
Bufficient  to  complete  or  furnish  said  road  or  roads. 

§  4.  William  Rosborough,  John  A.  Wilson,  xV,  M'DiI],c,m,nisM.i... 
John  Campbell,  Seneca  Parker,  H.  C.  Cole  and  Seth  Al- 
len, and  such  ot'iers  as  they  may  associate  with  them,  shall 
be  commissioners  for  receiving  subscriptions  to  the  stock 
of  said  company^  when  and  where  and  after  such  notice  as 
they  or  a  majority  of  them  shall  agree.  They  may  require 
security  for  the  payment  of  subscriptions  thereto,  and  prac- 
tical payment  thereof  from  time  to  time,  as  they  may 
deem  necessary,  before  the  same  shall  all  be  taken. 

§  5.  The  affairs  of  said  company  shall  [bej  managed  by  Mnnaseme.u 
five  directors,  three  of  whom  shall  be  a  quorum  to  transact  "'^*'"* 
the  business  of  said  company,  who  shall  be  chosen  so  soon 
as  the  sum  of  five  thousand  dollars  shall  be  subscribed  of 
the  stock  of  said  company.  Said  directors  shall  continue 
in  office  one  year,  and  until  their  successors  shall  be 
qualified.  They  shall  be  chosen  by  the  stockiiolders, 
each  of  whom  may  vote  personally  or  by  proxy,  casting  so 

[  L] 


domniissioners  to 
lU'livcT  money, 
&c-.,io  directors 


Borrow  money. 


Rati.-;-,  jf  toll 


1853.  ^"^ 

many  votes  as  each  may  own  sl-.ares  of  stock.  Elections 
of  directors  shall  be  held  at  the  time  and  place  appointed 
by  commissioners,  and  all  subsequent  elections  may  oe  held 
and  re-ulated  according  to  tbe  by-laws  ot  said  company. 

0  ^   6."   Upon  the  election  of  directors  and  the  orgamza- 

1  tion  of  the  board,  the  said  commissioners  shall  deliver  to  the 
said  directors  all  moneys  received  by  them  on  subscriptions 
of  stock,  and  the  books  of  subscription  and  other  property 

of  ''aid  company.  ,      .      ,  +u 

5  7  The  said  corporation  is  authorised,  as  soon  as  the 
"^'■""  board  of  directors  are  elected,  to  commence  the  construc- 
tion of  said  road;  and  as  soon  as  any  three  miles  of  said 
road  shall  be  completed,  they  may  erect  toll-gates  thereon, 
and  collect  the  t[>ll  allowed  by  this  act  S-d  company 
shall  keep  said  road  in  repair,  and  shall  have  powei  to 
construct  bridges  and  causeways  over  sloughs  and  streams 
any  where  on  ti.e  route  of  said  road  they  may  deem  neces- 
sary ;  and  said  company  may  have  power  to  borrow  money, 
not  exceeding  thirty  thousand  dollars,  and  may  issue  their 
bonds  for  the  same'in  such  amounts  and  at  such  times  as 
the  directors  may  deem  advisable  for  the  construction  of 

'^S  ^'''^Tlie  said  corporation  shall  have  power  to  fix  and 
re-^ulate  the  toll  to  be  charged  and  paid  for  passengers  on  . 
aid  road  :  Provided,  said  tolls  shall  not  exceed  the  follow- 
inff  rates  :  for  every  vehicle   drawn   by   one   animal,  two  i 
ce^its  per  mile;  for  every  vehicle  drawn  by  two  animals,  , 
th  ee  cents  per'mile  ;  and  one  cent  additional  for  each  mile 
for  every  aiiimal  more  than  two;  lor  every  five  of  nea   i 
cattle,  one  cent  per  mile;  and  for  every  ten  of  sheep  or, 
swine    one  cent  per  mile;  and  for  every  horse  and  ruler,  or , 
ed  horse,  one   cent  per  mile;  and  it  shall  be   lawful  fo, 
any  toll  gatherer  to  stop  and  detain  any  person  going  on 
said  road^intil  the  toll  properly  ^'\-^Seable  sha  1  be  paul 
and  any  person  who  shall  use  said  road  and  refuse  to  pa> 
such  toll,  shall  forfeit  and  pay  for  each  refusal  the  sum  of 
five  dollars,  to  be  collected  by  said  corporation  by  aeuon 
of  debt  before  any  justice  of  the  peace  of  the  proper  county. 

5  9  The  said  corporation  shall  be  allowed  two  years 
from  the  passage  of  this  act  to  commence  the  construction 
of  said  road  or  roads,  and  shall  complete  the  same  within 
five  years  from  the  commencement  of  the  same;  and  upon 
a  failure  to  do  so,  this  charter  shall  be  forfeited.  J 

6  10  The  said  corporation  is  hereby  authorized  to  lal 
cate  and  construct  said  plank  or  turnpike  road  and  branch| 
over  anv  lands  owned  by  this  state  or  by  individuals  on  tif 
r  Se  oTsaid  road.  Said  company  shall  pay  all  damages 
that  may  arise  or  accrue  to  any  person  or  persons  by  men 
of  takincr  th.eir  lands,  timber,  rock,  stone  or  gravel  foi  the 
use  of  s"aid  road;  and  when  the  same  cannot  be  obtamed 


Time  ot  construe 
lion. 


by  consent  of  owners  upon  reasonable  terms,  it  shall  (be] 
estimated  and  recovered  in  the  manner  provided  by  law 
for  the  recovery  of  damages  happening  by  the  laying  out 
of  highways. 

§   11.     The  county  court  of  Randolph  county  may,  by  use    < 
an  order  entered  on  record,  authorize  said  company  to  use  ""*''*" 
for  the  construction  of  said  phmk  or  turnpike  road  any  of 
the  public  highways  of  said  county. 

§    12.     This  act  to  take  elfect  trom  and  after  its  passage,. 

Approved  February  11,  1853. 


AN  ACT  to  incorporate  the  Waukegan  and  Antioch  Plank  Road   Company.  ^'^  ^"^ZoL"^'"  '"" 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Assembly,  That  such 
persons  as  shall  become  stockholders  agreeably  to  the 
provisions  of  this  act  in  the  corporation  hereby  created, 
shall  be  a  body  corporate  and  politic,  by  the  name  and 
style  of  "TheWaukegan,  Antioch  and  Beloit  Plank  Road^'"^"' """ '^'^"'^ 
Company,"  and  by  that  name  shall  have  perpetual  suc- 
cession, and  by  that  name  may  sue  and  be  sued,  plead  and 
be  impleaded,  answer  and  be  answered,  in  all  courts  of 
law  and  equity;  may  have  and  use  a  common  seal  and  alter  ^*"'^''^'  p''^'^^- 
the  same  at  pleasure  ;  may  make  rules,  regulations  and  by- 
laws for  the  management  of  their  property,  regulation  of 
their  affairs,  and  transfer  of  their  stock,  not  inconsistent 
with  t!ie  laws  and  constitution  of  the  United  States  and 
the  laws  and  constitution  of  this  state. 

§   2.      Said   corporation  shall   have  power  to  construct,  i'«>wor  tr.   <;;a- 
maintain  and   continue  a  plank  road  of  such  width  as  may 
be  deemed   advisable   by   the   directors   of  said   company, 
from  the  city  of  Waukegan,  in  the  county  of  Lake,  to  the 
town  of  Antioch,  in  said  county. 

§   3.     The  capital  stock  of  said  company  shall  be  seventy- ^'■'""'■"'"^"' 
five  thousand  dollars,  which  shall  be  considered  personal 
property  and  be  divided  into  fifteen  hundred  shares  of  fifty 
dollars. 

§  4.  That  David  Corey,  Daniel  O.  Dicken=?on,  Elrasley  f''"""'^"''»^'-«- 
Sunderlin,  Reuben  D.  Dodge,  Parnell  Munson,  John Theyer, 
John  H.  Elliott,  Harrison  P.  Nelson,  E.  S.  Ingalls  and 
Clark  W.  Upton,  or  a  majority  of  them,  shall  be  commis- 
sioners for  receiving  subscriptions  to  the  capital  stock  of 
said  campany,  shall  require  at  least  two  per  cent,  upon 
the  amount  of  subscriptions  to  be  paid  down  at  th(i  time  of 
subscri!)ing. 

§  5.     The  affairs  of  said  company  shall  be  managed  hy  "^^%.:;"'^«'-  «^ 
five  directors,  three  of  whom  shall  form  a  quorum  for  the 


1853.  164 

transaction  of  business.  But  said  company  may  at  any 
time  hereafter  increase  the  number  of  its  directors  to  nine 
by  a  vote  to  that  effect  by  a  majority  of  its  stockholders. 
As  soon  as  t'le  sum  of  five  tiiousand  dollars  shall  be  sub- 
scribed to  the  capital  stock  of  said  company  the  commis- 
sioners named  in  this  act  shall  close  the  books  and  call  a 
mt'ctii  q;  of  tlie  stockholders,  at  some  convenient  place  ia 
Wauke'gan  aforesaid,  for  the  purpose  of  selecting  directors, 
notice  of  v/hich  said  meeting  shall  be  given  by  publication 
Miction  of  di-in  one  or  more  newspapers  published  in  Waukegan,  at 
r«.Mor«.  j^^^^  ^^^.^    vvecks   previous  to  tlie   time  of  holding  thereof. 

The  said  directors    shall   hold  their   office   for  the  term  of 
one  year  and  until  their  successors  are  elected  and  quali- 
vuUns.  fled;  the  stockholders  may  vote  personally  or  by  proxy  in 

writing,  and  shall  be  entitled  to  one  vote  for  each  share  of 
Einetion.  stock   lieid  by   them.     All  subsequent  elections  after  the 

first  sliall  be  held  at  such  time  and  place  as  may  be  fixed 
by  the  by-laws  of  said  corporation. 
open  books  for      §   6.     It  shall  be  the  duty  of  the  said  commissioners,  or 
EubscriDtion.      ^  majority  of  them  named  in  this  act,  within  one  year  after 
the  same  takes  effect,  to  open  books  at  Waukegan    afore- 
said,  for  the  purpose    of    receiving   subscriptions    to  the 
capital  stock  of  said  company,  and  notice  of  the  time  and 
place  when  and  where  said  books  will  be  opened  shall    be 
given  by  said  commissioners,  by  publishing  the  same  in  at 
least  one  newspaper  published  at  Waukegan  aforesaid,  for 
the  period  of  at  least  two  weeks  previous  thereto. 
o.n.missunersto      §   7.     Upou  the  clcction  of  dircctors,  and  the  organiza- 
book"  &c?rto  tion  of  the  board,  said  commissioners  shall  deliver  over  to 
dumors.          g^j^  board  of  directors  all  moneys   received  by   them   on 
subscription  to  said  capital   stock,  togethei  with  all  sub- 
scription books  and  other  property  and  papers  pertaining  ; 
to  the  business   of  said   company  which   may  be  in  their 
hands. 
Const! u'-uon.  §  8.     Tlic  Said  corporatiou  is  hereby  authorized  as  soon 

as   the  board  of   directors   are   clsosen  to    commence  the 
construction  of  said  road,   and   as   soon  as  any  five  miles  : 
Toii-Kiuc^.         thereof  shall   be  completed  may  erect  toll-gates   thereon 
and  collect  tlie  toll  allowed  by  this  act.     Said  company  shall 
teop  rodci  in  re- ^ecp  Said  road  in   repair;  and  said  corporation   shall  have 
^"'"  the   power  to  construct  bridges   and  causeways  oyer  any 

streams  or  sloughs  any  where  upon  the  route  of  said  road, 
that  they  may  deem   necessary.     Said  company  shall  have 
Power  to  borrow  power  to  borrow  any  amount  of  money  deemed  necessary 
moncv.  j      ^jjg  board  of  directors  to  aid  in  the  construction  of  said 

Rati  ..f  interest,  road,  at  a  rate  of  interest  not  to  exceed  ten  per  cent.,  and 
to  secure  the  payment  of  said  loan  by  the  mortgage  or 
pledge  of  the  road  and  franchises  and  all  property  owned. 
by   said  corporation,  but  the    amount  of  money  so  bor-| 


icce    t<ia- 
structiiui. 


165  1853. 

rowed  by  said  company  shall  not  exceed  tlie  capital  stock 
of  said  comi)ai)y, 

§  9.  Said  coiapany  is  hereby  authorized  to  locate  and  Right  or  way 
construct  said  plank  road  on  aoy  lands  owned  by  lliis  state 
or  by  individuals  on  the  route  ot  said  plank  road  ;  and  !br 
the  pui'pose  of  constructing  their  said  road,  said  conipaiiy 
is  authoiizfcd  to  take  the  timber,  stone,  gravel  or  land  of 
any  person  or  persons  for  the  use  of  said  road,  by  paying 
to  the  owner  or  owners  thereof  all  damages  wliich  siiall  namags, 
arise  or  accrue  b}'  reason  of  said  comjiany  taking  the  same,  ''""*' 
whicli  said  damages  shall  be  settled  and  agreed  upon  be- 
tween said  company  and  the  o^vner  or  owners  of  said  land, 
gravel,  stone  or  timber,  whenever  tlie  same  can  be  so 
agreed  upon;  but  in  cases  where  said  damages  cannot  be 
agreed  upon  between  the  ])arties,  the  same  shall  be  esti- 
mated, settled  and  obtained  by  proceeding  under  the  pro- 
visions of  an  act  entitled  "An  act  to  amend  the  law  con- 
deniiiing  the  right  of  way  for  'purposes  of  internal  improve- 
ments," approved  June  22,  1852. 

§    10.      Said  company  shall  commence  the   construction  commo 
of  said  plank  road  within  tiiree  years  from  the  time  this  act 
takes  etfect,  and  shall  complete  the  same  to  Antioch  afore- 
said within  three  years  thereafter. 

§  11.  The  said  corporation  shall  liave  the  right  to  use  power  to  nsv 
the  whole  width  or  any  portion  of  any  state  or  county  road  I'J'^^  "'"  '=°™'-'' 
on  the  line  of  said  plank  road,  hv  the  purpose  of  construct- 
ing the  same,  by  agreement  with  the  board  of  supervisors 
of  any  county  through  which  said  plank  road  may  pass  ;  and 
all  persons  residing  on  the  line  of  any  state  or  county  road 
thus  taken  by  said  company,  shall  have  the  privilege  of  do- 
ing their  higliway  work  on  said  plank  road,  and  tiie  labor 
so  done  shall  apply,  so  far  as  the  same  will  go,  in  commu- 
tation of  tolls  for  the  use  of  said  plank  road. 

§    12,      Siiid    corporation  shall   commence  the  construe- Point    of    itm- 
tion  of  their  said  plank  road  at  said  city  of  Waiikcgan,  and  '^"'^'^-^'""• 
shall  extend  the  same,  as  rapidly  as  their  means  wiii  admit, 
to  the  town  of  Antioch  aforesaid,  and  said   company  shall 
jhave    power    to  extend    their  said  plank    road,    whenever  power  to  »xienA. 
{the   board  of  directors  may  think  it  expedient,  from  said 
I  town  of  Antioch,  by  way  of  Englisli  Prairie,  in  iMcflenry 
i  county,  to  the  state  line,  at  or  near  the  town  of  Beloit,  in 
J  the  state  of  Wisconsin,  for  such  portion  of  said  distance  as 
ithe  board  of  directors  shall  think  proper. 

Ij  §  13.  Said  company  shall  have  pov^er  to  fix  and  regu--,-oiia. 
I  late  the  rate  of  tolls  to  he  cliarged  and  collected  for  })ass- 
l  ing  on  said  road,  and  to  fix  and  determine  the  number  of 
J  toll-gates  on  said  road  ;  and  it  shall  be  lawful  for  any  toll- 
j  gatherer  to  detain  any  ))erson,  team  or  animal  passing  on 
said  road  until  the  toll  properly  chargeable  for  such  j)erson, 
steam  or  animal  shall  be  paid  3  and   any  person  who   shall 


1853.  166 

use  said  p]ank  road  and  refuse  to  pay  the  toll  thereon,  or 
wlio  shall  avoid  or  go  around  any  loil-gate  erected  liiei'eon, 
sliall  forfeit  and  pay  to  said  company  the  sum  of  ten  dollars 
for  each  and  every  ofFenee,  to  he  sued  for  and  collected  in 
the  name  of  said  company,  before  any  justice  of  the  peace 
of  the  proper  county;  but  the  rates  of  toll  fixed  by  said 
company  shulJ,  in  no  case,  exceed  the  rates  fixed  by  the 
26th  section  of  an  act  entitled  "An  act  to  provide  for  the 
construction  of  plank  roads  by  general  law,"  approved 
February  12tii,  1849. 
r,Uy  of  -wav.kc-  ^  l4.  Said  city  of  ¥/aukegan  is  hereby  autliorized  to 
Hf"-,ii)'scri!'e^tu subscribe  to  the  capital  stock  of  said-company  an  amount 
v-apitai'stoc*.  j^Q|.  exceeding  twenty-five  thousand  dollars,  and  for  the  pur- 
pose of  paying  said  subscription  said  eit}  is  hereby  author- 
ized to  issue  its  bonds  for  such  amount  as  may  be  neces- 
sar}',  which  said  bonds  shall  draw  interest  at  a  rate  not  to 
exceed  ten  per  cent.,  and  shall  be  payable  at  such  time  as 
the  city  autliorities  may  deem  pro])er,  not  to  exceed  twenty 
years  from  the  date  tliereof ;  and  it  siiall  be  lawful  foi-  the 
authorities  of  said  city  to  provide  lor  the  payment  of  the 
interest  and  principal  of  said  bonds  by  levying  a  special  tax, 
if  the  same  sliall  be  deeir.fd  expedient. 

§    15.     This  act  shall  be  deemed  and  taken  to  be  a  public 
act,  and  as  such  sliall  be  liberally  construed  in    all  courts 
and  places  whatsoever.     This    act  shall  take  efleet  and  be 
in  force  from  and  after  its  passage. 
Approved  February  12,  1853. 


jQj  AN  ACT   to  incorporate  the  Galena  and  Mineral  Paint  Plank  Road  Cora- 
pany. 

Whereas  certain  parties,  acting  under  and  by  virtue  of  an 
act  of  the  legislature  of  this  state,  ap[)roved  February 
12,  1849,  entitled  "An  act  for  the  construction  of  plank 
roads  by  a  general  law,"  and  of  the  subsequent  act  of  the 
said  legislature  amendatory  of  the  said  act  of  February 
12th,  1849,  did  form  and  constitute  themselves  into  an 
association  for  the  j)ui'pose  of  building  and  constructing 
a  plank  road  from  Franklin  street,  in  the  city  of  CJalena, 
to  the  north  boundary  line  of  the  state  of  Illinois,  at  or 
near  where  the  Mineral  Point  road  crosses  the  same,  and 
to  pass  through  township  number  tv>  enty-eight  and 
twenty-nine,  in  range  one  west  of  the  fourth  principal 
meridian  ;  and  whereas  the  said  association  consists  of 
the  f  ;lov  iig  named  persons,  to  wit:  N.  Corwith&  Co.,  ' 
Thomas  II.  Bebee  &  Co.,  A.  C.  Davis,  Nicholas  Dow- 
ling,  B.  H.  Campbell  &  Co.,  E.  A.  Collins  &  Co.,  C.  S. 


167  1863. 

Hempstead,  W.  B.  Green,  H.  H.  Houghton,  Wood, 
House  &  Co.,  Edward  Hempstead,  Jno.  Loiine,  E.  H. 
&  H.  P.  Carwitit,  D.  A.  Barrows,  Michael  Nolan,  H. 
Newhall,  H.  Robbin,  Otee  Welch,  John  Carver,  L.  S. 
Felt  &  Co.,  Geo.  W.  Campbell  &  Co.,  H.  F.  Mc-.Closky, 
Jamt'S  Carter  &  Co.,  E.  Gorham,  James  Temple,  L. 
Htistead,  H.  V.  W.  Brown,  Charles  R.  Bennett,  E.  B. 
Washburne,  Van  H.  Higgins,  S.  S.  Brown,W.  &  J.  M.  Ry- 
on,  Samuel  Cartin,  John  Adams,  Patrick  Cushiug,  Isaac 
Armitao-e,  John  E.  SiniLh,  Joshua  Brooks,  Kingel  & 
Ferdinand,  G.  W.  Fuller,  J.  A.  Packard,  C.  R.  Per- 
kins, Philip  Bryne ;  which  said  persons  have  formed 
themselves  into  a  company  under  the  name  and  style  ot' 
"Tiic  Galena  and  Mineral  Point  Plank  Road  Company," 
for  the  purpose  of  building.the  plank  road  above  descri- 
bed :  and  whereas  the  said  associates  are  desirous  of  fur- 
nisiiing  and  completing  the  said  road,  and  for  the  purpose 
of  enabling  them  so  to  do, 

Section-  1.  Be  it  enacted  hij  the  people  of  ike  state  of 
I/li)iui<:,  represented  in  ilie  General  ^'issembftj.  That  the iramc  and suie. 
said  parties  above  named,  and  their  assigns  and  annual  rep- 
resentatives, sliali  be,  and  for  the  term  of  fifty  years  from 
and  after  the  passage  of  this  act  shall  continue  to  be  a  body 
politic  and  corporate,  by  the  name  of  "The  Galena  and  Min- 
eral Point  Plank  Road  Company,"  and  by  that  name  shall 
have  succession  for  term  of  years  above  specilied  ;  may  (jfmrairov^rn- 
contract  and  be  contracted  with,  sue  and  be  sued,  com- 
plain and  defend,  in  any  court  of  law  and  equity;  may  make 
and  use  a  common  seal,  may  make  by-laws,  rules  and  reg- 
ulations for  the  management  of  its  property,  the  regula- 
tion of  its  aftdirs,  the  appointment  and  number  of  its  oliicers 
and  ao-ents,  the  negotiation  and  execution  of  its  contracts 
and  for  the  transfer  of  its  stocks,  not  inconsistent  with  the 
laws  of  this  state  or  the  United  Stales;  may  take  and  re- 
ceive conveyances  of  real  estate,  and  hold  and  grant  and 
convey  the  same  at  pleasure. 

§  2.  That  the  said  association,  formed  under  the  gener- power  to r-.->r- 
al  plank  road  law  as  aforesaid  for  the  ])urj>ose  of  building 
the  plank  road  as  aforesaid,  its  membeis  and  oiticers,  may 
convey,  transfer  and  set  over  to  the  said  corporation  here- 
by created  the  said  plank  road  and  the  land  over  which 
the  same  passes,  and  ail  lands  and  fences,  rights,  benefita 
and  privileges,  interests  and  contracts  belonging  to  said 
association  or  held  for  their  use  and  benefit,  whether  de- 
rived under  and  by  virtue  of  any  agreement  or  license  with 
the  county  court  of  Jo  Daviess  county  or  otherwise.  Where- 
fore the  said  incorporation  hereby  created  shall  have,  hold, 
own  ami  contract,  tor  the  sole  use  of  said  incorporation,  all 
and  singular  the  said  road,  land,  premises,  rights,  benefits, 
interest,  privileges  and  contracts,  and  may  claim,  hold  and 


1853.  168 

maintain  the  same  in  its  own  right;  and  may  cstablisli  toll- 
gates  and  collect  tolls  on  the  said  road,  and  shall  have  the 
benefit  of  the  provision   herein  contained  for   the  mainte- 
nance and  protection  thereof. 
'ai<.frt.  §  ^'    '^^'*^  capital  stock  of  the  said  company  sliall  be  twen- 

ty thousand   dollars,  and   shall    be   divided   into  shares  of 
twenty- five  dollars  eacli,  and  the  said  capital  stock  may 
hereai'ter  be  increased  at  the  option  of  said  company. 
u'oiKMit    of      §   '^-     The  affairs  of  said  corporation  shall  be  managed  by 
i"--  a  boai'd  of  not  less  than  three  nor  more  than  seven  direc- 

tors, to  be  ciiosen  annually  by  the  stockholders.  Said 
stockholders  sliaii  be  entitled  to  vote  at  all  elections  and 
upon  all  questions  in  meetings  of  the  stockholders,  one  vote 
for  each  siiare  of  stock  upon  wiiich  all  assessments  due  have 
;>ii:!ni(iit  of  been  paid.  The  directors  shall  appoint  iheir  own  j)iesi- 
dent  and  other  officers,  and  provide  lor  the  time,  ])lace  and 
mode  of  elections,  and  give  due  notice  thereof.  The  pres- 
ctors.  ent  board  of  directors  of  said  association,  namely,  Alexan- 

der C.  Davis,  Henry  Corwith,  Eiihn  B.  VVashburne,  Dan- 
iel A.  Barrows,  Horatio  Newhall,  William  B.  Green  and 
Thomas  H.  Bebee,  shall  be  the  boaid  of  directc  rs  of  said 
iucnrporation  until  the  stockholders  can  elect  a  board  of 
directors  under  this  act. 
0  0,  onvcy-  §  5.  As  soou  as  the  said  association,  formed  as  afore- 
•  said  under  the  act  for  constructing  piank  roads  by  a  gen- 

eral law  aforesaid,  its  meinbers  and  officers,  have  convey- 
ed, transferred  and  set  over  to  said  incorporation  all  and 
singular  the  proiierty,  rights  and  interests  of  the  said  com- 
pany, the  said  directors  shall  proceed  to  open  tiie  b;  oks 
of  the  said  corporation  hereby  ereated,  wherein  they  shall 
assign,  over  their  respective  signatures,  the  stock  of  the 
said  association  as  subscribed  for  by  the  mtmbeis  thereof, 
to  the  several  members  of  the  said  corporation  hereby  cre- 
ated, or  their  assign?,  in  exact  proportion  to  their  resj)ect- 
ive  shares  and  interest  in  said  road  at  the  time  of  making 
su.ch  assignment,  and  s'nall  issue  certificates  of  stock  there- 
for, s:gneii  by  the  president  and  secretary.  The  said  stock 
shall  be  transferable  only  on  the  books  of  the  incoi  pora- 
tion  aforesaid.  As  soon  after  the  stock  of  said  association 
shall  have  been  assigned  to  tiie  said  corporation  hereby 
created,  an  1  certificates  issued  therefrom,  the^stockholders 
may  proceed  to  hold  their  first  armual  meeting  for  directors 
in  the  corporation  hereby  created. 

§  6.  The  said  com[)any  is  authorized  and  shall  have 
power  to  erect  and  maintain  such  toll  houses,  toll-gates 
and  other  buildings  for  the  accommodation  and  manage- 
ment of  tiie  said  road  and  the  travel,  and  transfer  them  as 
the  said  company  may  deem  suitable  to  its  inttrests,  and 
may  demand,  collect  and  )ecei\e  of  and  from  any  and  ev- 
er>  person  u.-ing  said  road,  or  so  much  thereof  as  may  be 


169  1853. 

coin])]cted,  toll,  to  be  regulated  by  tlie  directors  of  the  said 
company,  but  not  to  exceed  the  t'ollovving  rates  per  mile  : 
for  every  man  and  liorse,  one  cent  })cr  mile  ;  for  every  car-  Ratcoitou. 
riage  or  wagon  drawn  by  one  horse  or  otlier  animal.,  two 
cents  and  a  half  per  mile;  for  every  carriage  or  wagon 
drawn  by  two  horses  or  otiier  animals,  three  cents  per 
mile;  for  every  carriage  or  wagon  drawn  by  four  horses, 
four  cents  per  mile  ;  for  each  additior.al  pair  of  horses  or 
other  animals,  one  cent  per  mile  ;  for  horses  cr  mules  in 
droves,  one  half  cent  per  mile  per  head  ;  for  cattle  in  dioves, 
one  hah"  cent  per  mile  per  head  ;  for  hogs,  goats  or  sheep, 
two  mills  per  head  per  mile. 

§  7.  If  any  person  or  ])ersons  shall  wilfully  cut  down.  Penalties, 
break  or  deface  or  injure  any  mile  post  or  posts  on  said  load, 
or  shall  cut,  throw  or  break  down  or  injure  at^y  gate  cr  fence 
erected  on  said  road,  or  tear  up,  displace,  break  or  injure  in 
any  way  the  said  road,  or  any  thing  thereunto  belonging,  he 
shall  fuifeit  and  pay  to  the  said  company  three  tines  the 
amount  of  damage  by  him  actually  done  ;  and  in  every  in- 
stance he  shall  forfeit  and  pay  at  least  the  sum  of  twenty-five 
dollars;  and  if  any  person,  to  avoid  the  tolls  chargeable  on  the 
said  road,  shall  turn  ofTsaid  road  and  pass  any  gate  on  the  said 
road  and  again  enter  upon  the  said  road,  lie  shall  forfeit 
and  pay  to  the  said  company  the  sum  of  tesi  dollars;  and  if 
any  pi  rson  shall  forcibly  pass  either  of  the  toll-gates  on  said 
road  v.-ithout  having  paid  the  legal  tolls,  he  shall  forfeit  and 
pay  to  the  company  for  every  such  offence  the  sun;  of  twen- 
ty-iive  eollars  ;  and  if  any  team  or  teams  that  may  travel 
on  said  road  otherwise  than  to  cross  the  same  at  the  regu- 
lar laid  outs,  when  the  terminus  of  the  journey  of  any 
such  teams  shall  be  on  ditTerent  sides  of  any  toll-gates  and 
shall  not  pay  the  regular  toll  for  the  use  of  said  road  so 
traveled  upon,  or  if  they  shall  leave  the  road  without  pay- 
ing the  toil,  whether  formally  demanded  or  not,  such  team 
or  teams,  owner  or  owners,  shall  forfeit  and  ])ay  to  the  said 
company  the  sum  of  tweuty-fire  dollars.  All  penalties  and 
forlVitures  incurred  under  this  act  maybe  reco\ered  by  an 
action  of  debt  in  any  court  having  cognizance  thereof;  and 
where  the  penalty  or  forfeiture  does  not  exceed  one  hun- 
dred dollars,  the  same  may  be  prosecuted  and  reco\-ered 
before  a  justice  of  the  peace  where  the  offender  or  oflt'cnd- 
er;5  may  be  found. 

0  y.  Tiie  said  company  is  hereby  authorized  to  change  nigbtoj  vw 
it.-i  location,  and  to  locate  and  construct  said  plank  road 
over  any  lands  owned  by  individuals  on  the  route  of  said 
road.  Said  comjiany  shall  pay  all  damages  that  may  arise 
or  accrue  to  any  person  or  persons  by  means  of  taking  ^leir 
lands,  timber,  rocks,  stone  or  gravel  for  the  use  of  the  said 
road  ;  and  when  the  same  cannot  be  obtained  by  consent 
af  owners  upon  reasonable  terms,  it  shall  be  estimated  and 


1853.  170 

recorded  in  the  manner  provided  by  law  for  the  recovery 
of  damages  haj)pening  by  the  laying  out  of  highways. 

§  9.  This  act  is  declared  a  public  act,  and  shall  take 
effect  from  its  passage. 

Approved  February  10,  1853. 


Id  force  .Tan.  20,  AN  ACT  lo  incorporate  the  Bloomingfon  and  Wabash  Valley  Railroad  Com- 
1863.  pany. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Corporators.  Illinois^  represented  in  the  General  Jlssemblij^  That  David 
Davis,  John  Moore,  Isaac  Funk,  John  E.  JMcClun,  James 
Miller,Jesse  W.  Fell,Asahel  Gridley,  Ker.sey  H.  Fell,  Ed- 
ward li.  Didiake,  Richard  O.  Warriner,  James  H.  Robinson, 
Jacob  Ten  Eycke,  William  M.  Bruner,  Oliver  H.  Lee,  Al- 
len Withers,  John  W.  Ewing,  William  F.  Flagg,  William 
H.  Temple,  William  H.  Holmes,  William  S.  Major  and 
their  associates,  successors  and  assigns,  are  hereby  crea- 
ted a  body  corporate  and  politic,  under  the  name  and  style 
of  "The  Bloomington  and  Wabash  Valley  Railroad  Com- 
N«,me and  style,  p^^y,"  with  perpetual  succcssion;  and  by  that  name  be 
uauerai  powers,  and  they  are  liereby  made  capable  in  law  and  equity  to  sue 
and  be  sued,  plead  and  be  impleaded,  defend  and  be  de- 
fended, in  any  court  of  law  an<l  equity  in  this  state  or  any 
otlier  place  ;  to  make,  have  and  use  a  common  seal,  and 
the  same  to  renew  and  alter  at  pleasure;  and  sliall  be  and 
are  hereby  vested  with  all  the  powers,  privileges  and  im- 
munities which  are  or  may  be  necessary  to  carry  into  ef- 
fect the  purposes  and  objects  of  this  act  as  hereinafter  set 
forth  ;  and  the  said  comj)any  are  hereby  authorized  and 
empowered  to  locate,  construct  and  finally  complete  a  rail- 
road fronv  the  city  of  Bloomington,  in  McLean  county,  Illi- 
nois, eastwardly  to  the  Indiana  state  line,  to  a  i)oint  which 
shall  be  not  more  than  twenty  miles  either  north  or  south 
of  a  due  east  and  west  line  that  would  run  through  Lafay- 
ette, Indiana  ;  and  for  this  purpose  said  company  are  au- 
thorized, upon  the  most  eligible  and  direct  route,  to  lay 
out  their  said  railroad,  not  exceeding  one  huridred  feet  in 
widtli  through  the  whole  length;  and  for  the  purjiose  of 
cuttings,  embankments,  stone  and  gravel,  may  take  as 
much  more  land  as  may  be  necessary  for  the  })roper  con- 
sti'uction  of  and  security  of  said  railroad. 

§  2.     The  capital   stock   of  said  company  shall  consist 
(papitai  Btock.      of  one  million  of  dollars,  and  may  be  increased  to  two  mil- 
lions of  dollars,  to  be   divided  into  shares  of  one  iiundred 
dollars  each.     The  immeuiate  government  and  direction 


171  1853. 

of  said  company  shall  be  vested  in  seven  directors,  who  Govcmment  of 
shall  be  chosen  by  the  stockholders  of  said  company  in  the 
manner  liereinafter  provided,  who  shall  hold  their  clhces 
one  year  after  their  election,  and  until  others  shall  be  duly 
elected  and  qualified  to  t::ke  their  places  as  directors,  and 
the  said  directors,  a  majority  of  whom  shall  forma  quo- 
rum for  the  transaction  of  business,  shall  elect  one  of  their 
number  to  be  the  president  of  the  company;  that  said  board 
of  directors  shall  have  power  to  appoint  all  necessary 
clerks,  secretary  and  other  officers  necessary  in  the  trans- 
action of  business  of  said  company. 

§  3.  The  said  corporation  is  hereby  avithorized,  by  their  surveys. 
agents,  surveyors  or  engineers,  to  cause  such  examination 
and  surveys  to  be  made  of  the  ground  and  country  be- 
tween the  said,  city  of  Bloomington  and  the  said  west  line 
of  the  state  of  Indiana,  as  shall  be  necessary  to  determine 
the  most  advantageous  route  for  the  proper  line  or  course 
whereon  to  construct  their  said  railroad  :  and  it  shall  be 
lawful  for  said  company  to  enter  upon  and  take  possession  Righto?  way. 
of  and  use  all  such  lands  and  real  estate  as  may  be  neces- 
sary for  the  construction  and  maintenance  of  tlieir  said 
railroad,  its  depots,  side  tracks,  water  stations,  engine 
houses,  machine  shops  and  other  buildings  and  appendages 
necessary  to  the  construction  and  working  of  said  road  : 
Provided,  that  all  lands  or  real  estate  entered  upon  and 
taken  possession  of,  and  used  by  said  corporation  for  the 
purposes  and  accommodation  of  said  railroad,  or  upon 
which  the  site  for  said  railroad  shall  have  been  located  or 
determined  by  the  said  cor[)oration,  shall  be  paid  for  by  Pnymcnt  of  dam- 
said  company  in  damages,  if  any  be  sustained  by  the  owner 
or  owners  thereof,  by  the  use  of  the  same  fortlie  purposes 
of  said  railroad;  and  all  lands  entered  upon  and  taken  for 
the  use  of  said  corporation,  which  are  not  donated  to  said 
company,  shall  be  paid  for  by  said  corporation  at  such  price 
as  may  be  mutually  agreed  upon  by  the  said  corporation 
and  the  owner  or  owners  of  such  land,  and  in  case  ol  dis- 
agreement the  price  shall  be  estimated,  fixed  and  recov- 
ered in  the  manner  provided  for  taking  lands  lor  the  con- 
struction of  ])ublic  roads,  canals  or  other  public  works, 
as  prescribed  by  the  act  concerning  "right  of  way,"  ap- 
proved March  3,  1845. 

5  4.  If  any  persoTi  shall  wilfully,  maliciously  or  wan- Penalty  for  <«v 
tonly,  and  contrary  to  law,  obstruct  the  passage  ot  any  car 
on  said  railroad,  or  any  part  thereof,  or  any  tiling  belong- 
ing thereto,  or  shall  damage,  break  or  destroy  any  part  of 
the  said  railroad  or  implements  or  buildings,  he,  she  or  they, 
or  any  person  assistinc:,  shall  forfeit  and  pay  to  said  com- 
pany for  every  such  (^icMice  treble  the  amount  of  damages 
that  sliall  be  ])roved  iefore  any  competent  court  siiall  have 
been  sustained,  and  be  sued  for  in  the  name  and  behalf  of 


1853  172 

said  company  ;  and  such  offender  or  offenders  shall  be  deem- 
ed guilty  ol  a  misdemeanor,  and  shall  be  liable  to  an  indict- 
ment in  the  same  manner  as  other  indictinenls  are  lound 
in  any  county  or  counties  where  sucii  offence  shall  have 
been  committed  ;  and  upon  conviction,  every  such  cffrnder 
shall  be  liable  to  a  fine  not  exceeding  five  thousand  dollars 
for  the  use  of  the  count}''  where  such  indictment  may 
be  found,  and  maybe  imprisoned  in  the  county  jail  for 
any  time  not  exceeding  six  months,  at  the  discretion  of  the 
court. 

§  5.  Tlie  time  of  holding  the  annual  meeting  of  said 
company  for  the  election  of  directors  shall  be  fixed  and  de- 
termined by  the  by-laws  of  said  company.;  and  at  all  meet- 
ing.i  such  stockholaers  shall  be  entitled  to  a  vote  in  ])erson 
or  lawful  proxy,  one  vote  for  each  share  of  stock  he,  she 
or  they  may  lioid  boiiajidc  in  said  company  upon  which  all 
instaliuents  called  have  been  paid. 

$   6.     The  persons  named  in  the  first  section  of  liiis  act 

ni?liIoncrs.  ^ii  ^-.i  ••  i  •       -i         e 

are  hereby  appointed  commissioners,  who,  or  a  maj.  rityoi 
whom,  alter  a  meeting  duly  called  by  thirty  days'  iiolice  in 
newspapers  published  in  Bloomington,  i^afayette  and  Cov- 
iibooka,  ington,  are  hereby  authorized  to  open  subscription  books 
for  said  stock  at  such  places  as  they  may  deem  proper,  and 
shall  keep  said  books  open  until  five  hundred  thousand  dol- 
lais  of  said  capital  stock  shall  be  taken.  Said  commission- 
ers shall  require  each  subscriber  to  j)ay  five  dollars  on  each 
share  subscribed  at  the  time  of  subscribing.  Tiie  said  com- 
missioners shall  immediately  thereafter  call  a  meeting  of 
the  stockholders  by  giving  thirty  days'  notice  in  some  news- 
paper printed  in  ihe  county  of  McLean,  and  at  such  meet- 
ing it  shall  be  lawful  to  elect  the  directors  of  said  compa- 
ny ;  and  when  the  directors  of  said  company  aie  chosen, 
the  said  commissioners  shall  deliver  said  subscription  books, 
with  all  sums  of  money  received  by  them  as  commission- 
ers, to  said  directors.  No  j^erson  shall  be  a  director  in 
said  company  unless  he  shall  own  at  least  ten  shares  of  the 
capital  stock. 

§  7.  That  the  riglit  of  way  and  tlie  real  estate  ]Mircha- 
sed  for  the  right  of  way  by  said  company,  whether  by  mu- 
tual agreement  or  otherwise,  or  which  shall  become  the 
property  of  the  company  by  operation  of  law,  as  in  this  act 
provided,  shall,  Uj)on  the  payment  of  the  amount  of  money 
belonging  to  the  owner  or  owners  of  said  land,  as  a  com- 
pensation for  the  same,  become  the  property  of  said  com- 
pany in  fee  simple. 

§  8.  Tlie  said  corporation  may  take  and  transport  up- 
on said  railroad  any  person  or  persons,  or  merchandise  or 
other  property,  by  the  force  and  power  of  steam  or  animals, 
or  any  combination  of  tiiem  ;  and  may  fix,  establish,  take 
and  receive  such  rates  of  toll  for  all  passengers  and  prop- 


173  1853. 

erty  transported  upon  the  same  as  the  said  directors  sliall 
from  time  to  time  establish.  And  the  directors  sue  hereby 
authorized  and  empowered  to  make  all  necessary  rules,  By.u,w8» 
by-laws,  regulations  and  ordinances  that  tluy  may  deem 
necessary  and  exj)edient  to  accomplish  the  desitnis  and 
purposes  and  to  carry  into  effect  the  provisions  ot  iiiis  act, 
and  for  the  transier  and  assignment  of  the  stock,  which  is 
hereby  declared  personal  pr()j)eriy,  and  transferable  in  such 
manner  as  shall  be  provided  by  the  by-laws  and  ordinances 
of  said  company. 

§  9.  The  directors  of  said  company,  after  the  same  isopcnbooks- 
organized,  shall  have  power  to  open  books  in  the  manner 
prescribed  in  the  sixth  section  of  this  act  to  fill  up  the  ad- 
ditional capital  stock,  or  any  [)art  thereof,  at  such  times  as 
they  may  deem  it  for  the  interest  of  said  company.  And 
all  the  instalments  required  to  be  paid  on  tlie  slock  o:igi- 
nally  to  be  taken,  and  what  may  be  taken  to  increase  said 
capital,  shall  be  paid  at  s;ich  times  and  in  such  sums  as 
said  directors  may  prescribe. 

§  10.  In  case  of  the  death,  resignation  or  removal  of  vacancsos  flue<i. 
the  president,  vice  president  or  any  director  at  any  time 
between  the  annual  elections,  such  vacancy  may  be  filled 
for  the  remainder  of  tlie  year,  whenever  they  may  happen,  by 
the  board  of  directors;  and  in  case  of  absence  of  the  ])resident 
and  vice  president,  the  board  of  directors  shall  have  power 
to  appoint  a  president^??-^  tempore^  who  shall  have  and  ex- 
ercise such  powers  and  functions  as  the  by-laws  of  the  said 
corporation  may  provide.  In  case  it  should  at  any  time 
happen  that  an  election  shall  not  be  made  on  any  day  on 
which,  in  pursuance  of  this  act,  it  ought  to  be  made,  the 
said  corporation  shall  not,  for  that  cause,  be  deemed  dis- 
solved, but  such  election  shall  be  held  at  any  other  time 
directed  by  the  b3-laws  of  said  corporation. 

§  11.  Tliat  when  the  lands  of  any/ewme  cot'cr/,  persons  Damapofl  t«  in- 
under  age,  non  ccmpos  mentis  or  out  of  this  stale  shall  be  **'^'^'*"'' 
taken  in  this  construction  of  said  railroad  as  is  provided  by 
this  act,  the  said  corporation  shall  pay  the  amount  that 
shall  be  awarded  as  due  to  the  last  mentioned  owners  re- 
spectively whenever  the  same  shall  be  lawfully  demanded, 
together  with  six  per  cent,  per  annum  ;  that  to  ascer- 
tain the  amount  to  be  paid  to  persons  named  in  this  sec- 
tion for  lands  taken  for  the  use  of  said  corporation,  it 
shall  be  the  duty  of  the  governor  of  this  state,  upon  no- 
tice given  to  him  by  tl)e  said  corporation,  to  appoint  three 
commissioners,  to  be  persons  not  interested  in  the  matter 
to  be  determined  by  them,  to  determine  the  damages  which 
the  owner  or  owners  of  the  land  or  real  estate  so  entered 
upon  by  the  said  corporation  has  or  have  sustained  by  the 
occupation  of  the  same;  and  it  shall  be  the  duty  of  said 
commissioners,    or  a   majority   of   them,    to    deliver    to 


'  said  corporation    a    written  statement  of  the    award    or 

awards  they  shall  make,  with  a  description  of  the  land 
or  real  estate  appraised,  to  be  recorded  by  the  said  corpo- 
ration in  the  clerk's  office  in  the  county  in  which  the  land 
or  real  estate  so  appraised  shall  be  ;  and  then  the  said  cor- 
poration shall  be  deemed  to  be  seized  and  possessed  of  the 
fee  simple  of  all  such  lands  or  real  estate  as  shall  have  been 
appraised  by  the  said  commissioners. 

k  12  Whenever  it  shall  be  necessary  for  the  construc- 
tion of  said  railroad  to  intersect  or  cross  a  track  of  any 
other  railroad,  or  any  stream  of  water  or  water  course,  or 
road  orhicThway,on  the  route  of  said  road,  it  shall  oe  law- 
ful for  the  company  to  construct  their  railroad  across  or 
upon  the  same  :  Provided,  that  the  said  company  shall  re- 
store the  railroad,  stream  of  water,  water  course,  road  or 
hi-hway  thus  intersected  or  crossed  to  its  former  state,  ox 
in°  uffic'ient  manner  not  materially  to  impair  its  usefulness. 
nn,on  With  other  5  13.  Said  Company  shall  have  the  power  to  unite 
'^-  its  railroad   with  any  other  railroad  now    constructed,  or 

which  may  hereafter  be  constructed  within  this  state  or 
the  state  of  Indiana,  upon  such  terms  as  may  be  mutually 
ao-reed  upon  between  the  companies  so  connectirg;  and 
fo^r  that  purpose  full  power  is  hereby  given  to  said  compa- 
nv  to  make  and  execute  such  contracts  with  any  other 
company  as  will  secure  the  objects  of  such  connection: 
Provided,  that  the  Central  Railroad  shall  not  run  upon  the 
line  or  track  of  the  road  constructed  by  the  company  hereby 
incorporated  except  at  points  of  crossing  or  intersecting 

the  same.  ,  ,      .      i  /.         x-        * 

oney.  ^  14.  Said  compauy  is  4iereby  authorized  from  time  to 
time  to  borrow  such  sum  or  sums  of  money  as_  may  be  ne- 
cessary for  completing  and  furnishing  or  operating  their  said 
railroad,  and  to  issue  and  dispose  of  their  bonds  in  denom- 
inations of  not  less  than  five  hundred  dollars,  bearing  a  rate  of 
interest  not  exceeding  seven  per  centum  per  annum,  for 
any  amount  so  borrowed,  and  to  mortgage  the  corporate 
property  and  franchises,  or  convey  the  same  by  deed  o 
trust  to  secure  the  payment  of  any  debt  contracted  by  said 
company  for  tb.e  purposes  aforesaid  ;  and  the  directors  o 
said  company  may  confer  on  any  bono-holder  of  any  bond 
issued  for  money  borrowed  as  aforesaid  the  right  to  con- 
vert the  principal  due  or  owing  thereon  into  stock  of  said 
company,  at  any  time  not  exceeding  ten  years  from  the  date 
of  the  bond,  under  such  regulations  as  the  directors  of  said 
company  may  see  fit  to  adopt;  and  all  sales  ot  such  bonds 
that  may  be  made  at  less  than  their  par  value  shall  be  good 
and  valid  and  binding  upon  said  corporation  as  it  such  bonds 
had  been  sold  for  the  full  amount  thereof. 


§  15.  The  width  of  said  railroad  is  to  be  determined 
by  the  said  corporation  within  the  limits  prescribed  by  the 
first  section  of  this  act. 

§    16.     This  act  shall  be  in  force  from  and  after  its  pas- rime  of 
sage,  and  said  company  shall  commence  said  work  within  ^'""' 
five  years  and  complete  the  same  within  ten  years  from  the 
passage  of  this  act:  Provided^  that  there  shall  be  a  simul- 
taneous commencement  of  the  woik  at  each  terminus  of 
said  road,  and  an  equal  rate  of  expenditure  of  money. 

Approved  January  20,  1853. 


AN  ACT  snpplemontal  to  an  net  entitled  "An  act  to  incorporate  the  Galena  In  force  Feb.  lo, 
and  Southern  Wisconsin  Railroad  Company,"  approved  Jan.  26,  1853.  18^3. 

Section' 1.  Be  it  enacted  hi/  the  people  of  the  state  of 
Illinois,  represented  in  the  GeneralJisscvihly,  That  Daniel 
A.  Banners,  Alexander  C  Davis,  Edward  Hempstead, comraisBioners. 
Frederick  Stahl,  James  Carter  and  Henry  Corrille  shall 
be  commissioners,  until  the  board  of  directors  are  chosen, 
for  receiving  subscriptions  to  the  capital  stock  of  the  Ga- 
lena and  Southern  Wisconsin  Railroad  company;  and  they 
shall  cause  books  of  subscription  to  be  opened  at  such  open  oooks. 
times  and  places  and  upon  such  notice  as  they  may  direct; 
and  as  soon  as  the  capital  stock  of  said  company,  or  twenty 
thousand  dollars  thereof,  shall  be  subscribed,  said  commis- 
sioners shall  call  a  meeting  of  the  stockholders  of  said  com- 
pany, giving  such  notice  as  they  may  deem  proper;  and  at 
such  meeting,  a  majority  of  the  stock  being  represented,  a 
board  of  directors  of  said  company  shall  be  elected,  in  whom  Director* slotted, 
shall  be  vested  all  the  corporate  powers  and  franchises  of 
said  company. 

§   2.     This  act  shall  be  deemed   a  public  act,  and  shall 
be  in  force  from  and  after  its  passage. 

Approved  February  10,  1853. 


AN  ACT  entitled  "An  act  to  change  the  name  and  amend  the  charter  of  the  j^  j^^ee  Feb.  lo, 
Bloomin^ton  and  Wabash  Valley  Railroad  Company,"  appro^'ed  January  is53,  *     ' 

twentieth,  eighteen  hundred  and  fifty-three. 

Section   1.     Be  it  enacted  by  the  j^eople  of  the  state  of 
Illinois,  represented  in  the   General  Jisscmbhi,  That  tlie,,, 

c       ■\  -1  II  1  1    1        I  II  Change  Of  name. 

name  oi  said  company  !•>;  hereby  charged  and  declared  hence- 
forth to  be  the   "  Peoria,  Bloomington  and  Lafayette  Rail- 


1853.  176 

road  Company,"  and  by  and  under  that  name  shall  be 
hencefortii  known  and  have  its  corporate  existence,  and  hold 
and  be  possessed  of  all  the  rights,  powers  and  pii\ileges 
granted  to  the  Blooniington  and  Wabash  Valley  Railroad 
Company,  in  ihe  original  charter  of  said  company,  and  shall 
be  and  become  liable  to  the  duties  and  obligations  of  the 
said  Blooinington  and  Wabash  Valley  Railroad  Ctjmpany. 
'ItH'Ttock' "^''" '^'^^  ^^P'^*^^  ^^'^'^^^  of  said  company  may  be  increased  to 
such  siiin  of  money  as  may  be  deemed  necessary  to  con- 
struct, finish  and  maintain  the  railroad  in  said  original 
charter  mentioned  and  the  extension  hereinafter  provided 
for:  f?'-9y/f/ef/,  that  tlie  entire  capital  stock  of  said  com- 
pany shall  not  exceed  three  millions  and  five  hundred  thou- 
sand dollars. 
,^  ,^         52.     The  said  Peoria,  Bloominoton  and  LafayetteRail- 

Unlon  with  othw         •'  ,    ^  ■       1  ,  1         •         1  i      1      • 

!')s(iB.  road  Comp-^ny   is  hereby  authorized   to  extend  llieir  rail- 

road from  Bloomington,  in  the  county  of  McLean,  by  the 
most  eligible  route,  to  the  city  and  county  of  Peoria,  and 
to  unite  with  any  other  railroad  company,  and  not  west  of 
Peoria;  to  grant  any  such  company  the  right  to  construct 
and  use  any  portion  of  the  road  herein  or  in  the  said  original 
charter  authorized  to  be  constructed,  on  such  terms  as  may 
be  mutually  agreed  upon  between  any  other  such  railroad 
companies  and  the  said  Peoria,  Bloomington  and  Lafayetlo 
Railroad  Company. 

3.  The  said  Peoria,  Bloomington  and  Lafayette  Rail- 
"the'iiu-road  Company  is  hereby  authorized  and  empowered  to 
construct,  erect  and  maintain  a  bridge  across  and  over  the 
Illinois  river,  at  or  near  the  city  of  Peoria,  for  the  purpose 
of  extending  the  said  railroad  over  and  across  the  said 
river,  and  for  that  purpose  to  construct  and  erect  in  said 
river  all  the  necessary  abutments  and  piers,  to  keep  up 
and  support  the  said  road  and  bridge  :  Provided,  that  tliere 
shall  be  left  and  always  kept  open  between  two  of  said 
piers  a  space,  embracing  the  main  channel  of  said  river  at 
the  place  of  crossing,  of  sufficient  width  for  the  passage  of 
steamboats  and  other  craft  navigating  said  river,  with  a 
draw  so  constructed  as  not  materially  to  obstruct  the  navi- 
gation of  said  river  by  steamboats  and  other  craft  naviga- 
ting said  river:  *,dnd  proiyided  furiliei\  that  said  bridge 
shall  be  used  only  for  the  business  of  said  railroad  ;  and  tlie 
said  company  shall  not  be  permitted  to  use  the  same  or  at 
any  time  to  take  or  receive  any  tolls  or  compensation  for 
the  ordinary  travel  and  passage  of  teams,  persons  or  pro- 
perty over  the  said  bridge. 
f^rf.  §   4.     The  following  named  persons,  to  wit,   Onslow  Pe- 

ters, Elihu  N.  Powell,  Alfred  G.  Curtenius,  N.  B.  Curtis, 
Peter  Sweat,  Mark  M.  Aiken,  Joshua  P.  Ilotchkiss,  William 
S.  Maus,  Jacob  Gale  and  Alexander  G.  Tyng,  together 
with  the  persons  named  and  appointed  in  and  by  the  origi- 


i3r6ct    a     brMge 


177  1853. 

nal  charter  aforesaid,  be  and  are  hereby  created  a 
body  corporate  and  politic,  and  the  persons  herein  named, 
with  those  na':.ied  in  the  said  original  charter,  are  hereby 
appointed  commissioners,  who,  or  the  major  part  of  whom, 
are  authorized  and  empowered  to  procure  and  open  books  (^pon  boatw. 
for  the  subscriptions  and  to  procure  subscriptions  to  the 
capital  stock  of  the  said  Peoria,  Bloomington  and  Lafayette 
Railroad  Company  ;  and  the  said  commissioners,  as  thus 
appointed,  shall  have  the  same  powers,  perform  the  same 
duties  and  adopt  the  same  proceedings  for  the  purpose  of 
obtaining  subscriptions  to  the  capital  stock  of  said  compa- 
ny and  to  organize  the  said  company,  as  is  provided  in  the 
said  original  charter. 

^  5.  When  said  company  shall  be  duly  organized  in  corifinKtiou 
conformiiy  to  the  provisions  of  tb.is  act,  and  of  the  original  """" 
charter  aforesaid,  the  construction  of  said  road  shall  be 
commenced  and  prosecuted  at  or  near  Peoria,  and  thence 
towards  Bloomington  and  at  Bloomington,  and  thence  tow- 
ards Peoria,  till  the  same  shall  be  completed  between  those 
two  cities  :  Pruvided,  that  nothing  herein  or  in  the  said  ori- 
ginal charter  contained  shall  prevent  the  said  company  from 
putting  under  contract  and  constructing  at  any  time  any 
part  of  tiie  said  road,  or  any  portion  of  the  route  between 
said  Peoria  and  Bloomington. 

§   6.     This  act  to  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  February  10,  1853, 


AN'  ACT  to  chanr^e  the  name  and  amend  the  act  entitled  ''An  act  to  incor-  inf,jrce  i>;i.  Ifl. 
porate  the  Southern  Illinois  Railroad  Company,"  approved  June  23d,  1852.  i853. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Assemhhi^  That  the  cusngy  of  nftmf. 
name  of  the  corporation  created  by  the  act  entitled  "  An  "'■' 
act  to  incorporate  the  Southern  Illinois  Railroad  Compa- 
ny," approved  June  23d,  1852,  shall  be  and  the  same  is  here- 
by changed  to  that  of  "The  Massac  and  Sangamon  Railroad 
Company,"  by  which  last  name  the  said  corporation  shall 
hereafter  exist  and  be  known  in  law- 

§  2.  The  said  corporation  shall  be  authorized  to  change  ctiain{«r«>t«. 
the  line  or  route  of  the  road  authorized  to  be  constructed 
and  operated  by  said  act,  so  that  the  same  shall  commence 
at  Metropolis,  running  thence,  by  the  way  of  Vienna ; 
thence,  by  way  of  Marion,  Benton,  Mount  Vernon,  Salem, 
and  Vandalia,  to  Springfield,  in  the  county  of  Sangamon ; 
and  the  capital  stock  of  said  corporation  may  be  increased 
by  order  of  the  directors,  or  by  vote  of  the  stockholders, 
[M] 


1853.  1"8 

to  three  millions  of  dollars,  with  such  addition  thereto  as 
may  be  necessary  to  execute  the  provisions  hereof. 

6  3.  The  said  corporation,  acting  under  the  law  in  re- 
lation  to  the  right  of  way,  shall  be  and  is  hereby  authori- 
zed to  take  for  their  said  road  a  strip  of  land  along  the 
line  or  route  thereof,  not  exceeding  one  hundred  and  fifty 
feet  in  breadth. 

§  4-  The  several  counties,  cities  and  tov.ns  through  or 
'oouiiuJ-Tro^ub- near  which  said  road  passes,  may  subscribe  for  and  take 
.cribe.tock.a  ^^^^^  .^  ^j^^  corporation  :  Provided,  that  no  such  subscrip- 
tion shall  be  made  unless  the  majority  of  the  legal  voters 
of  the  county,  city  or  town  shall  vote  for  the  same  at  elec- 
tions to  be  held  under  orders  of  the  county  court,  in  cases 
of  counties,  and  of  the  corporate  authorities  of  cities  and 

towns. 

^   5.     The  said  Massac  and  Sangamon  Railroad  Lompa- 

Bunow  iDou.y.  ^^^  ^^^  hereby  authorized  to  borrow  money,  from  time  to 
time,  on  the  credit  of  said  company,  at  any  rate  of  inter- 
est per  annum  to  be  agreed  upon  between  the  parties,  for 
the  sole  purpose  of  constructing  said  road  and  furnishing 
the  same  with  cars,  locomotives,  and  other  machinery  ne- 
cessary to  carry  on  the  operations  of  said  company,  and 
may  issue  its  corporate  bonds  therefor,  and  to  secure  the 
repayment  thereof,  with  the  interest  which   accrues,  may 

M.ri^ascr.a.j.  mortgage  the  road,  income,  and  oth.er  property  of  said  com- 
pany%nd  they  may,  by  their  president,  or  other  officers  or 
agents,  sell,  dispose  of,  negotiate  such  bonds  or  stocks  of 
said  company  at  such  times  and  such  places,  either  within  or 
without  this  state,  and  at  such  rates,  and  for  such  prices,  as 
in  their  opinions  will  best  advance  the  interest  of  said  com- 
pany, and  if  such  bonds  or  stocks  are  thus  sold  at  a  discount, 
such  sale  shall  be  as  valid  and  binding  in  every  respect  as 
if  sold  at  par  value  ;  and  the  said  company  are  hereby  au- 
thorized to  confer  upon  the  holder  of  any  bond  issued  as 
aforesaid  the  right  to  convert  the  princii)al  thereof,  at  any 
time  unpftid,  into  the  stock  of  the  company. 

§   6.     The  time  for  commencing  the  construction  of  said 

c-usiracuon.      y^^j   gj^,^l^  l^p   extended  to  five  years  from  the  passage  of 
this  act,  and  for  the  completion  thereof  ten  years. 
This  act  shall  take  elFect  on  its  passage. 
Approved  February  10,  1853. 


Fob.  n,  AN  A€T  to  incorporate  a  company  to  construct  a  plank  road  from  the  city 
63.  of  pekin  to  the  east  line  of  Tazewell  comity. 

Section  1.  Be  ii  enacted  by  the  people  of  the  state 
of  llUnois,  represented  in  the  General  */hscmbh/,  That 
all  such  persons  as  shall  become  stockholders  agreeably  to 


179  1853. 

the  provisions  of  this  act,  in  the  corporation  hereby  crea- 
ted, shall  be,  and  for  the  term  of  thirty  years  from  and  after 
the  passage  of  this  act  shall  continue  to  be,  a  body  politic 
and  corporate,  under  the  name  and  style  of  the  "Pekiu  Plank  ;Name  and  Ktyv. 
Road  Company,"  and  by  that  name  shall  have  succession 
for  the  term  of  thirty  years,  may  sue  and  be  sued,  plead 
and  be  impleaded,  answer  and  be  answered  unto,  in  any  Genera!  !«««>:.■.•. 
court  of  law  or  equity;  may  make  and  use  a  common  seal, 
alter  the  same  at  pleasure,  make  by-laws,  rules  and  regu- 
lations for  the  management  of  their  property,  the  regula- 
tion of  their  affairs,  and  for  the  transfer  of  their  stocks,  not 
inconsistent  with  the  [laws]  of  this  state  and  the  United 
States. 

§   2.     Said  incorporation  shall  have  power  to  construct,  Power  f..    w:. 
maintain  and  continue  a  plank  road  of  such  width  as  they  ^"""' 
may  deem  advisable  by  the  directors  of  said  corporation, 
from  the  said  city  of  Pekin  to  such  point  on  the  east  line  of 
Tazewell  county  as  they  may  deem  advisable  for  the  best 
interests  of  said  company. 

§   3.     The  capital  stock  of  said  company  may  be  seven- capital stodc 
ty-five  thousand  dollars,  which  shall  be  considered  personal 
property,  and  divided  into  shares  of  fifty  dollars  each. 

§  4.  Thomas  N.  Gill,  Richard  T.  Gill,  George  Miller,  coramis!.)on«s. 
Elisha  Burton,  James  Harriott,  Peter  Weyrich  and  Jacob 
Clauser,  and  such  others  as  they  may  deem  proper  to  add 
to  their  number,  shall  be  commissioners  for  receiving  sub- 
scriptions to  the  stock  of  said  company  when  and  where 
and  after  such  notice  as  they  or  a  majority  of  tliem  may 
agree.  They  may  require  security  for  the  payment  of  sub- 
scriptions thereto,  and  partial  payments  thereof,  from  time 
to  time,  as  they  may  deem  necessary,  before  the  stock  shall 
all  be  taken. 

§  5,  The  affairs  of  said  company  shall  be  managed  by  M„„agenieot  c^ 
five  directors,  three  of  whom  shall  be  a  quorum  and  per-  affairs. 
form  the  business  of  said  company,  who  shall  be  chosen  as 
soon  as  six  thousand  dollars  shall  be  subscribed  to  tlie 
stock  of  said  company.  Directors  shall  continue  in  office 
for  one  year,  and  until  their  successors  are  elected  and 
qualified.  They  shall  be  chosen  by  the  stockholders,  each 
of  whom  shall  have  one  vote  for  each  share  of  stock  he  may 
own — the  vote  to  be  given  either  in  person  or  by  proxy. 
Elections  of  directors  shall  be  held  at  time  and  place 
appointed  by  commissioners,  and  all  subsequent  elections 
may  be  held  and  regulated  according  to  the  by-laws  of  the 
company. 

§  6.  Upon  the  election  of  directors  and  organization 
of  their  board,  the  said  commissioners  shall  deliver  to  said 
directors  all  moneys  received  by  them  on  .subscriptions  to 
•■tocks,  and  books  of  subscriptions  and  other  property  of 
the  company. 


1853.  180 

5i  7.  The  said  corporation  is  authorized,  as  soon  as  the 
board  of  directors  are  elected,  to  commence  the  construc- 
tion of  said  road  ;  and  as  soon  as  any  three  miles  thereof 
shall  be  completed,  they  may  erect  toll-gates  thereon,  and 
collect  the  tolls  allo^^'ed  by  this  act.  Said  company  shall 
keep  the  road  in  re])air,  and  said  company  shall  have  pow- 
er to  construct  bridges  and  causeways  over  any  sloughs  or 
streams  any  where  upon  the  route  of  said  road  they  may 
deem  necessary ;  and  said  company  shall  have  power  to 
Borrow  moner-  borrow  not  exceeding  filty  thousand  dollars  to  aid  in  con- 
structing said  [road,]  by  issuing  the  bonds  of  the  company, 
made  payable  any  vrhere  within  the  United  States,  and  at 
any  period  within  the  limits  of  their  charter  that  they  may 
think  conducive  to  the  interests  of  the  company. 
T«n«  ^  8.     The  said  corporation  shall  have  power  to  fix  and 

regulate  the  tolls  to  be  charged  on  said  road  ;  Provided^  said 
tolls  shall  not  exceed  the  following  rates  :  for  every  vehi- 
cle drawn  by  one  animal,  two  cents  per  mile;  for  every 
vehicle  drawn  by  two  animals,  three  cents  per  mile ;  for 
each  additional  animal  more  than  two,  one-half  cent  per 
mile ;  for  every  horse  and  rider,  or  led  horse,  one  cent  per 
mile  ;  for  every  ten  head  of  neat  cattle,  one  cent  per  mile; 
for  every  ten  head  of  sheep  or  hogs,  one  cent  per  mile  ; 
and  it  shall  be  lawful  for  any  toll-gatherer  to  stop  and  detain 
any  person  going  on  said  road  until  the  tolls  properly 
chargeable  shall  be  paid  ;  and  any  person  who  shall  use 
said  road  and  refuse  to  pay  such  toll,  shall  forfeit  and  pay 
for  such  refusal  the  sum  of  three  dollars,  to  be  collected 
by  said  corporation  by  action  of  debt  before  any  justice  of 
the  peace  of  the  proper  county. 
n.r,-.cfa>t.struc-  §  ^'  ^lic  Said  corporation  shall  be  allowed  two  years 
*>"'•  to  commence,  and  ton  years  to  complete  the  construction 

of  the  road  from  the  passage  of  this  act,  and  upon  a  failure 
to  do  so  this  charter  to  be  forfeited. 
Rigi.tafw.y.  §    10-     The  snid  corporation  is  hereby  authorized  to  con- 

struct said  plank  road  over  any  lands  owned  by  this  state 
or  by  individuals  on  the  route  of  said  road  ;  and  they  shall 
have  power  to  use  twenty  feet  in  widtii  of  any  county  or 
state  road  over  which  they  may  pass,  and  grade  and  plank, 
keep  in  repair  and  control  the  same,  and  use  any  bridge  or 
bridges  belonging  to  tiie  county,  but  may  not  collect  tolls 
for  crossing  the  same.  Said  company  shall  pay  all  dama- 
ges that  may  arise  or  accrue  to  any  person  or  persons  by 
means  of  taking  their  lands,  timber,  rock,  stone,  gravel 
or  other  materials  for  the  construction  of  said  road  ;  and 
when  the  same  cannot  be  obtained  by  consent  of  the  own- 
ers upon  reasonable  terms,  it  shall  be  estimated  and  recov- 
ered in  the  manner  provided  by  law  for  tlic  recovery  of 
damages  happening  by  the  laying  out  of  highways. 


181  1853. 

§  11.     Said  company  may  make  the  western  terminus  of  ^'^stom  t"!"" 
said  road  at  the  cor[)oration  line  of  the  cily  of  Pe'cin,  or  at 
low  water  mark  on  the  Illinois  river,  usinc;  any  street  in  the 
city  of  Pekin  with  the  consent  of  said  city  of  Pekiii. 

§    12.      This  act  to  take  effect  and  be  in  force  from  and 
after  its  passai^e. 

Approved  February  12,   1853. 


AN  ACT  to  incorporate  the  Springfield  and  Richland  Plank  Road  Company,  m  forco  i-ib.  n 

Section  1.  Be  it  enacted  hy  the  people  of  (he  stale  of 
Illinois,  represented  in  the  General  vis.senibly^  Tiiat  ail  such 
persons  as  shall  become  stockholders  in  the  corporation 
hereby  created,  and  their  successors  and  assigns,  siiall  be 
and  are  hei-eby  constituted  a  body  politic  and  corporate,  to 
have  perpetual  succession  and  existence,  to  be  known  as 
*'  1  he  Springfield  and  Ricldand  Plank  Road  Company,"  Name  atwi  sivi^ 
and  by  tiiat  name  and  style  may  contract  and  be  contract- 
ed with,  sue  and  be  sued,  plead  and  be  im})leaded,  as  a 
natural  person,  and  shall  be  so  recognized  in  courts  of  law  Ge°'=™ipo''^«W' 
and  equity  ;  may  have  a  common  seal,  and  may  alter  and 
change  the  same  at  pleasure  ;  shall  have  power  in  th.eir 
corporate  name,  for  the  use  of  said  corporation,  to  pur- 
chase and  hold  such  real  estate  as  may  be  necessary  for 
the  free  and  full  enjoyment  of  all  the  privileges  herein 
granted,  for  the  purpose  of  constructing  a  plank  road,  with 
a  single  or  double  track,  commencing  at  the  western  cor- 
porate limits  of  the  city  of  Springfield,  and  extending  ten 
miles  westward,  in  the  direction  of  Beardstown;  and  from 
thence  to  such  point  as  may  be  designated  and  agreed  up- 
on by  said  company. 

§  2.  Said  corporation  may,  by  their  board  of  directors,  ii^^ii'y- !»«'«• 
make  all  by-laws,  rules  and  regulations  necessary  for  the 
management  of  their  property,  the  regulation  of  their  af- 
fairs, and  the  transfer  of  their  stock,  not  inconsistent  with 
the  constitution  and  laws  of  the  United  States  or  of  this 
state. 

§   3.     The  capital  stock  of  said  ccmpany    shall  not  ex- caiuai  Mocb. 
ceed  thirty  thousand  dollars,  and  shall  be  considered  per- 
sonal property,  except  for  purposes  of  revenue,   in  which 
case  it  shall  be  deemed  as  real  estate,  and  taxed  i\s  such, 
and  shall  be  divided  into  shares  of  fifty  dollars  each. 

§   4.     That  John  T.  Stuart,  William  J.  Black,  James  L.  c.mniisM.;D.«. 
Lamb,  John  Cook  and  Abraham  Lincoln,  or  a  majority  of 
them,  shall  be   commissioners   for  receiving   subscriptions 
to  the  stock  of  said  company,  when   and  where  and  after 
such  notice  as  they,  or  a  majority  of  them,  shall  agree,  and 


1853. 


I8:i 


they  may  require  partial  payments   thereof,   from  time  to 
time,  before  the  subscriptions  shall  all  be  taken. 

§  5.  Tiie  affairs  of  said  company  shall  be  mananred  by 
„t  o.  five  directors,  any  three  of  whom  shall  be  a  quorum  to  do 
"S:"""'  "and  transact  the  business  of  said  company,  wno  sha  be 
chosen  as  soon  as  the  sum  of  ten  thousand  dollars  shal  be 
subscribed  of  the  stock  of  said  company.  The  directors 
shall  continue  in  ofHce  on.e  year,  and  until  their  successors 
shall  be  appointed  and  qualified  ;  they  shall  be  chosen  by 
the  stockholders,  each  of  whom  may  vote  personal  y  or  by 
proxy,  castinc^  as  many  votes  as  each  may  own  sl>ares  of 
stock.  The  first  election  of  directors  shall  be  held  at  the 
time  and  place  appointed  by  the  commissioners,  and  all 
subsequent  elections  may  be  held  and  regulated  accordmg 
to  the  by-laws  of  the  company.  '  .       .         ^ 

§  6.  Upon  the  election  of  directors  and  organization  o 
their  board,  tiie  said  commissioners  shall  deliver  to  said 
directors  all  moneys  received  by  them  on  subscnptions  ot 
stock,  all  stock  notes,  books  of  subscription,  and  all  other 
property  of  said  company. 
iv„.i  nn  .ates  6  7.  The  said  corporation  is  authorized,  as  soon  as  the 
"■'  "board  of  directors  are  elected  and  qualified,  to  commence 
the  construction  of  said  road,  and  as  soon  as  any  two  miles 
thereof  ^hali  be  completed  may  erect  toll-gates  thereon,  and 
collect  the  tolls  thereon,  at  any  rate  not  exceeding  three  cents 
per  mile  for  any  vehicle  drawn  by  two  horses,  and  otaer 
teams,  horses,  cattle  and  other  animals  in  proportion.  1  he 
said  company  may  have  power  lo  borrow  an  amount  not  ex- 
ceedincr  three-fourths  of  the  amount  of  stock  subscribed,  in 
such  nfode  as  they  may  elect,  to  aid  in  the  construction  of 

said  road.  ^ 

§  8.  The  said  company  shall  be  allowed  five  years  trom 
the  passage  of  this  act  to  complete  the  construction  of  said 
road,  ancf  upon  failure  to  do  so  this  charter  is  forfeited. 

^  9.  Said  company  may  procure,  by  purchase  or  gift  irom 
the  owners  thereof,  any'lands,  or  the  right  of  way  over 
any  lands,  necessary  for  the  construction  of  said  road  and 
the  other  purposes  of  this  corporation  as  herein  specified; 
and  may,  also,  by  the  permission  and  agreement  of  the 
county  court  of  any  county  through  which  said  road  may 
pass,  use  any  public  highway  for  the  construction  of  said 
road;  such  agreement  with  said  court  shall  be  in  writing, 
and  shall  be  filed  and  recorded  in  the  olfice  of  the  clerk  of 
said  codrt.  Before  constructing  said  road  said  company 
shall  cause  an  accurate  survey  of  the  same,  or  such  portion 
as  is  proposed  to  be  built,  to  be  made  by  a  i)ractical  sur- 
veyor or  engineer,  signed  by  at  least  two  ot  the  directors, 
acknowledged  by  them,  and  filed  in  the  olRce  of  the  clerk 
of  the  couifty  court  of  the  county  through  which  said  road 
may  pass. 


liorrow  tnnncy. 


T-iiKc  of  comiJiC 


Ili;!lit  or  way. 


183  1853. 

§  10.  The  route  surveyed  as  aforesaid  shall  be  the  Route  sMrvoyea 
route  of  said  road  unless  altered  by  tiie  directors,  and  inKlaT.  ""'■''"  *^ 
that  case  sucii  alteration  shall  be  signed,  acknowled<>-ed 
and  filed  as  aforesaid,  and  the  said  company  may  tliereup- 
on  enter  upon  and  talce  and  hojd,  subject  to"  the  j)rovisions 
of  this  act,  all  sucli  lands  as  the  said  survey  or  the  altera-' 
tions  th.ereto  shall  describe  as  necessary  for  the  construc- 
tion of  said  road,  and  may  be  necessary  to  carry  out  the 
provisions  of  tliis  act;  but  before  entering  upon  any  such 
lauds,  the  company  shall  purcliase  the  same  of  the  owners 
thereof,  or,  pursuant  to  the  provisions  of  this  act,  acquire 
the  rio-ht  to  enter  upon  and  hold  the  same. 

§  11.  If  any  owner  of  any  such  land  shall,  from  any  county  ,,.dge  tn 
cause,  be  incapable  of  selling  or  granting  the  same,  or  ii  ^^^^'^  •!«'^^"-' -•• 
said  company  caimot  agree  with  such  owner  for  the  pur- 
chase thereof,  or  if,  after  diligent  enquiry,  the  name  and 
residence  of  such  owner  cannot  be  ascert"^ained,  or  if  such 
owner  be  a  non-resident  of  this  state,  the  company  may  pre- 
sent to  the  count)  judge  of  the  county  in  which  the  lands 
lie  or  are  sit-.iated,  a  petition  setting  forth  the  grounds 
of  the  application,  a  description  of  the  lands  in  ques- 
tion, and  the  name  and  residence  of  such  owner,  if  known, 
and  the  means  that  have  been  taken  to  ascertain  the  name 
and  residence  of  such  owner,  if  unknown,  and  praying  that 
the  damages  of  the  owner  of  the  lands  described  iii  said  peti- 
tion may  be  ascertained  by  said  court. 

§  12.  Upon  receiving  sucli  petition  the  said  judge  iTr^arm- of  ;v;t(- 
shall  appoint  a  time,  at  some  regular  or  special  term  of  the '^"''" 
county  court  for  the  county,  for  the  hearing  of  the  petition: 
at  least  ten  days'  uDtice  of  the  time  and  place  of  the  hear- 
ing of  the  petition  shall  be  served  personally  upon  each 
owner  of  the  lauds  described  in  tlie  petition,  if  he  reside 
in  the  county  v/here  said  land  is  situated,  and  said  notice 
sliall  be  served  on  all  others  in  like  manner  or  by  publica- 
tion thereof  for  four  successive  weeks  in  some  nev/spaper 
published  in  the  county  in  which  the  lands  lie,  or  if  there 
are  none  published  in  said  county,  then  in  the  nearest 
newspaper;  the  first  of  which  publications  sliail  be  at  least 
sixty  d  lys  before  the  hearing. 

§  13.  At  the  time  appointed  for  the  hearing  the  coun- 
ty court  shall,  after  hearing  the  evidence  offered  by  tiie 
parties,  assess  and  determine  the  damages  whicii  the  own- 
er of  any  such  lands  sliall  sustain  over  anJ  above  the  value 
the  owner  will  derive  from  the  building  of  said  road.  The 
assessment  of  the  court,  which  shall  contain  the  name  of 
the  owner,  if  known,  and  an  accurate  description  of  the 
lands  to  be  taken,  shall  be  entered  of  record  by  the  clerk 
of  said  court,  and  such  assessment  shall  be  fnial,  subject 
only  to  the  right  of  appeal  of  either  party  to  tiie  circuit 


lilacs     done 


1863.  184 

court  on  tlie  same  terms  as  is  provided  by  law  for  appeals 
from  tiio  county  court  in  oilier  cases. 
,..T,/  pay  §  14.  Within  thirty  da^s  after  tlie  assessment  of  dama- 
asioy.  ^pg  i^y  ^|jy  county  court  as  aljoresaid,  or  after  the  final  tri- 
al in  the  appellate  court,  if  an  appeal  be  taken,  or  at  least 
before  the  said  company  shall  take  possession  of  said  land, 
the  said  company  sliall  pay  to  the  person  entitled  to  re- 
ceive the  same  the  amount  assessed  as  such  damages,  or 
shall  make  a  legal  tender  thereof  to  him;  and  in  case  the 
owner  or  person  entitled  to  the  san.e  is  a  non-rcsiucnt,  or 
not  a  resident  of  the  county  wiierein  said  assessment  is 
made,  or  when  the  owner  is  unknown,  and  proof  being  made 
of  sucli  facts  by  afiidavit,  the  county  judge  shall  order  the 
amount  due  such  owner  to  be  depoJiited  with  tlie  county 
treasurer  of  the  county  in  which  the  lands  lie  or  are  situa- 
ted, for  the  use  of  the  o^-ner,  and  thereupon  the  s^id  com- 
pany may  take  possession  of  said  lands,  and  hold  tlie  same 
in  the  same  manner  as  those  acquired  by  purchase  or  gift 
for  the  purposes  of  said  road. 
Penalty  for  dam-  §  15.  If  any  pcrscn  or  persons  shall  wilfully  cut 
down  or  break,  dt-face  or  injure  any  mile  post  or  posts 
on  such  road,  or  shall  wilfully  cut  or  throw  down,  break 
or  injure  any  gate,  (ence  or  appendage  erected  on  said  road, 
or  wilfully  tear  up,  dis{)lace,  break  or  injure  in  any  way  or 
manner  said  road  or  auy  thing  belonging  thereto,  or  being 
an  appendage  or  for  tlie  use  or  convenience  of  said  road, 
he  or  they  shall  res})ective]y  and  indi\idual!y  foifeit  and 
pay  to  said  ccm{)any  three  times  the  amount  of  the  dama- 
ges actually  done  ;  and  in  every  instance  he,  she  or  they 
shall  forleit  and  pay  at  least  the  sum  of  twenty  dollars.  If 
any  person,  to  avoid  the  legal  tolls  chargeable  on  said  road, 
shall  turn  off  of  said  road  and  pass  around  and  avoid  any 
gate  on  said  road,  he,  she  or  they  shall  forfeit  and  pay  to 
said  com])any  for  every  offence  the  sum  of  ten  dollars. 
If  any  ])erson  shall  forcibly  pass  any  toll-gate  on  said  road 
without  liaviiig  paid  the  legal  toll  as  fixed  hy  the  directors, 
without  tie  permission  of  the  toll  collector,  he,  she  or  they 
shall  forfeit  and  pay  to  said  company  the  sum  of  twenty 
dollars  for  each  offence. 

!  §  16.  All  penalties  and  forfeitures  incurred  under  this 
act  may  be  recovered  by  an  action  of-debt,  in  any  court 
having  cognizance  thereof,  and  when  the  penalty  or  for- 
feiture does  not  exceed  the  sum  of  one  hundred  dollars 
the  same  may  be  prosecuted  and  recovere<l  before  any 
justice  of  the  peace  of  the  county  where  the  offender  or 
offenders  may  be  found.  All  suits  by  and  against  said  com- 
pany shall  be  brought  and  prosecuted  to  judgment  in  and 
l)y  their  said  corj)Oiate  name. 

§   17.     1'he  shares  in  this  company  maybe  transferred  by 
assignment,  and   any  subscriber  to  the  capital  stock  of  said 


185  1853. 

company  shall  not  be  responsible  beyond  the  actual  amount 
of  stock  so  by  him  subscribed,  and  said  company  shall 
have  power  to  sue  for  and  recover,  in  any  court  having  ju- 
risdiction of  the  same,  any  sum  or  sums  of  money  or  instal- 
ments thereof  which  may  be  subscribed  as  stock  in  said 
road,  upon  giving  thirty  days'  notice  of  the  time  and  i)lace 
of  such  payments  in  any  newspaper  published  in  the  county 
of  Sangamon. 

§  18.  The  corporation  hereby  created  is  hereby  vested  Po'"«r«<=<'°*«"* 
with  all  the  powers  ronftrred  on  plank  road  companies 
organized  under  the  general  laws  for  the  construction  of 
plank  roads,  and  all  general  laws  for  the  construction  of 
plank  roads  are  made  part  of  the  charter  hereby  griiuted, 
so  far  as  they  are  applicable  theieto. 

§  19.  This  act  shall  be  deemed  and  considered  a  pub- 
lic act,  and  shall  be  liberally  construed  for  the  objects  and 
purposes  therein  expressed,  and  shall  take  effect  from  and 
after  its  passage. 

Approved  February  11,  1853. 


AN  ACT  to  incorporate  the  Henry,  Caledonia,  Magnolia  and  Central  Plonk  In  force  Feb.  W, 
Road  Company.  l^^^. 

Section  1.  Be  it  enacted  hy  the  people  of  the  state  of  Illi- 
nois ^represented  in  the  General  ^Issemh/i/,  That  Benjamin  corporators. 
Lombard,  Thomas  Harless,  Samuel  J.  McFadden,  George 
W.  Butler,  James  Siiields  and  J.  B.  Ashley,  and  their  as- 
sociates and  successors,  be  and  they  are  hereby  constituted 
a  body  corporate  and  politic,  to  have  perpetual  succession 
and  existence,  to  be  known  as  "The  Henry,  Caledon'a,  Name  and  styjo. 
Magnolia  and  Central  Railroad  Plank  Road  Company  ;" 
and  by  that  name  and  style  may  contract  and  be  contracted  ocnenu  ipoweM. 
with,  sue  and  be  sued,  plead  and  be  imj)leaded,  as  a  natu- 
ral person,  and  shall  be  so  recognized  in  courts  of  law  and 
equity  ;  and  have  a  common  seal,  alter  the  same  at  {)!ea- 
sure,  and  they  shall  have  power,  in  their  corporate  name, 
for  the  use  of  said  corporation,  to  purcliase  and  hold  such 
real  estate  as  may  be  necessary  for  the  free  enjoyment  of 
all  privileges  herein  granted,  for  the  purjiose  of  con:^tiuct- 
ing  a  plank  road  from  the  town  of  Henry,  in  RTaisliall  coun- 
ty, through  Caledonia  and  Magnolia,  in  Putnam  coiinty.to 
some  point  on  the  main  track  of  the  Ilhnois  Central  Rail- 
road, eastivard  of  Magnolia,  in  said  Putnam  county. 

§   2.     Said  corporation  may,  by  their  board  of  directors,  By-iawi. 
make  by-laws  and  regulations  for  the  management  of  their 
property,  regulation  of  their  affairs  and  for  the  transfer  of 
their  stock,  not  inconsistent  with  the  constitution  and  laws 


Coui:iiic;sioiK'r.s. 


MaQiXgeuieiil 
affairs. 


1853.  io<> 

of  the  United  States  or  of  this  state.  Said  company  may 
also  purchase  the  ferry  at  the  said  town  of  Henry,  and  make 
the  same  a  part  of  the  capital  stock  of  said  company. 
lui  »tocu,  5  3.  The  capital  stock  of  said  company  may  be  tilty 
thousand  dollars,  which  shall  be  considered  personal  pro- 
perty, and  be  divided  into  shares  of  twenty-live  dollars  eaca. 
§"4.  That  Benjamin  Lombard,  Richard  Lloyd  and  iho- 
mas  Harless  shall  be  commissioners  for  receiving  subscrip- 
tions to  the  capital  stock  of  said  comj.any,  when  and  where 
and  after  such  notice  as  they,  or  a  majority  ot  them,  shall 
agree,  and  they  may  require  partial  payments  tuercot, 
from  time  to  time,  before  the  subscription  shall  all  be  taken. 
§  5  The  affairs  of  said  company  shall  be  managed  by- 
five  directors,  tiiree  of  whom  shall  be  a  quorum  to  do  and 
perform  the  business  of  said  company,  wiio  shall  be  chosen 
as  soon  as  the  sum  of  fifteen  thousand  dollars  shall  be  sub- 
scribed of  the  stock  of  said  company.  Said  directors  shall 
continue  in  office  one  year,  and  until  their  successors  sliall 
be  qualified.  They  shall  be  chosen  by  the  stockholuers, 
each  of  whom  may  vote  personally  or  by  proxy,  casting  as 
many  votes  as  each  may  own  shares  of  stock.  1  lie  first 
election  of  directors  shall  be  held  at  the  time  and  place  ap- 
pointed by  the  commissioners,  and  all  subsequent  elections 
may  be  held  and  regulated  according  to  the  by-laws  of  the 
comj)any.  . 

§  6.  U[)an  the  election  of  directors  and  organization 
of  their  board,  the  said  commissioners  shall  deliver  to  said 
directors  all  moneys  received  by  them  on  subscriptions  ol 
stock,  and  books  of  subscription  and  other  property  of  said 

company.  ^ 

§  7.  "  The  said  corporation  is  authorized,  as  soon  as  t.ie 
"  board  of  directors  are  elected,  to  coiiunence  the  construction 
of  said  road,  and  as  soon  as  two  miles  thereof  shall  be  com- 
pleted may  erect  toll-gates  thereon,  and  collect  tolls 
thereon,  at  any  rate  not  exceeding  three  cents  per  mile  for 
any  vehicle  drawn  by  two  horses,  and  other  teams  in  pro- 
portion. 

§  S.  Said  company  may  procure,  by  purchase  or  giit 
from  tlie  owners  thereof,  any  lands,  or  the  right  of  way  over 
any  lands,  necessary  for  the  construction  of  said  road  and 
the  other  ])urposes  of  this  corporation  as  herein  sj-ecified, 
and  n-.ay  also  agree  to  the  use  of  any  part  of  a  public  high- 
way for  the  construction  of  said  road  until  the  county  court 
of  the  county  in  which  such  highway  maybe  situated;  such 
agreement  with  said  court  shall  ho  in  writing,  and  shall  be 
fiTed  and  recorded  in  the  office  of  the  clerk  of  the  coujity 
court.  Before  constructing  said  road,  said  company  shall 
cause  an  accurate  survey  of  said  r  lad,  or  such  portion  of  the 
same  then  proposed  to  be  built,  to  be  made  by  a  practical 
surveyor,  signed  by  a  majority  of  the  directors,  acknowi- 


Kieot  u>ll-gatct 


187  lb'5y. 

edged  by  them  and  filed  in   the  oflice  of  the  clerk  of  the 
county  court  through  whicli  the  same  may  pass. 

5  9.  The  route  surveyed  as  aforesaid  shall  be  tiie  route  Route, 
of  said  road,  unless  altered  by  the  directors,  and  in  that 
case  such  alterations  shall  be  signed,  acknowledged  and 
filed  as  aforesaid  ;  and  the  said  comj)any  may  thereafter 
enter  upon  and  take  and  hold,  subject  to  the  provisions  of 
this  act,  all  such  lands  as  the  said  survey  or  alterations 
thereto  sliall  describe  as  necessary  for  the  construction  of 
said  road,  and  that  may  be  necessary  to  carry  out  tlie  pro- 
visions of  this  act;  but  before  entering  upon  any  such  lands, 
tlie  company  shall  purchase  the  same  of  the  owners  there- 
of, or,  pursuant  to  the  provisions  of  this  act,  acquire  the 
right  to  enter  upon  and  hold  the  same. 

§  10.  If  the  owner  of  any  such  land  shall,  from  any  Damages  to  non- 
cause,  be  incapable  of  selling  the  same,  or  if  any  company  r""'*^'^'^- 
cannot  agree  with  such  owner  for  the  purcliase  thereof,  or 
if,  after  diligent  enquiry,  the  name  and  residence  of  any 
owner  cannot  be  ascertained,  or  if  siich  owner  be  a  non- 
resident of  this  state,  the  company  may  present  to  the 
county  judge  of  the  county  in  wliich  the  land  lies  a  peti- 
tion, selling  forth  the  grounds  of  the  application,  a  descrip- 
tion of  the  lands  in  question,  and  the  means  that  have  been 
taken  to  ascertain  the  name  and  residence  of  such  owner,  if 
unknown,  and  praying  that  the  damages  of  the  owner  of  the 
lands  described  in  the  petition  may  be  ascertained  by  said 
court. 

§     11.     Upon  receiving  such  petition  tlie     said  judge  Hearing  of  peti- 
shall  appoint  a  time,  at  some  regular  or  special  term  of  the  *"'°** 
county    court,  for  the   hearing   of  the  petition.     At  least 
ten  days'  notice  of  the  time  and  place  of  the  hearing  of 
the   petition  shall  be   served  personally  upon  such  owner 
of  the  lands  described   in  the  petition,  if  he  reside  in   the 
county  where  said  land  is  situated,  and  said  notice  shall  be 
served  on  all  others  in  like  manner,  or  by  publication  thereof 
for  four  successive  weeks  in  some  newspaper  published  in pm^i^cation. 
the  county  in  which  the  land  lies,  or  if  there  are  none  publish- 
ed in  said  county,  then  in  the  nearest  newspaper,  the  first  of 
which  publicauons  shall  be  at  least  sixty  days   before  the 
hearing  thereof. 

§  12.  At  the  time  and  place  appointed  for  the  hearing, 
the  court  shall,  after  hearing  the  evidence  offered  by  the 
parties,  as^;ess  and  determine  the  damages  which  the  owner 
of  any  suc'i  lands  will  sustain  over  and  above  the  value  the 
owner  will  derive  from  the  building  of  said  road.  The  as- 
8essme!\t  of  the  court,  which  shall  contain  tlie  name  of  the 
owner,  if  known,  and  an  accurate  desciiption  of  tlie  lands 
to  be  taken,  shall  be  entered  of  record  by  the  clerk  of  said 
court,  and  such  assessment  shall  be  final,  subject  only  to 
the  rigiit  of  appeal  by  either  party  to  the  circuit  court,  on 


1853. 


188 


Aonipany 
d.-iOioGee. 


Penalty  for  at 
ngeti  to  road. 


Penalty 
avol  Ului; 
Kate*. 


Penalties    roi 


the  same  terms  as  is  bylaw  provided  for  appeals  from  the 
county  court  in  other  cases. 

pay  §  13.  Within  thirty  days  after  the  assessment  of  dama- 
ges by  the  county  court  as  aforesaid,  or  on  the  final  trial  in 
the  appellate  court,  if  an  ap[)eal  be  taken,  or,  at  least, 
before  the  said  company  shall  take  possession  of  said  land, 
the  company  shall  pay  to  the  person  entitled  to  receive  the 
same  tlie  amount  assessed  as  such  damages,  or  shall  make 
a  legal  ten  ler  thereof  to  him;  a^^d  in  case  the  owner  or 
person  entitled  to  the  same  is  a  non-resident,  or  not  a  res- 
ident of  the  county  wherein  said  assessment  is  made,  or 
unknown,  and  proof  being  made  of  such  fact  by  affidavit, 
the  county  judge  shall  order  the  amount  due  such  owner  to 
be  deposited  with  the  county  treasurer  of  tlie  county  in 
which  the  lands  lie  for  the  use  of' the  owner.  Thereupon 
the  said  company  may  take  possession  of  said  lands  and 
hold  the  same  in  the  same  manner  as  those  acquired  by 
purchase  or  gift  for  the  purposes  of  said  road. 

m-  §  14.  If  any  person  or  persons  shall  wilfully  cut  down 
or  break,  deface  or  injure  any  mile  post  or  posts  on  such 
road,  or  shall  wilfc.lly  cut  or  throw  down,  bi'eak  or  injure 
any  gate,  fence  or  appendage  erected  on  said  road,  or  un- 
lawfully tear  up,  displace,  break  or  injure,  in  any  war,  said 
road,  or  any  thing  thereunto  belonging  or  being  an  aj)pen- 
dage,  or  for  the  use  and  convenience  of  such  road,  he  or 
they  shall,  respectively  and  ipdividually,  forfeit  and  pay  to 
said  company  three  times  the  amount  of  the  damag!  actu- 
ally do?ie,  and  in  every  instance  he  or  she  shall  forlVit  and 
pay  at  least  the  sum  of  twenty- fi\e  dollars.     If  any  j)erson, 

[il^to  avoid  the  legal  tolls  chargeable  on  said  road,  turn  oft' 
said  road  and  pass  around  and  outside  any  gate  on  said 
road,  he  or  she  shall  forfeit  and  pay  to  said  company  for 
every  offence  the  sum  of  ten  dollars.  If  any  person  shall 
forcibly  pass  any  toll-gate  on  said  road  without  having  paid 
the  legal  toll  as  fixed  by  the  directors,  witliout  the  permis- 
sion of  the  toll  collector,  he  or  she  shall  forfeit  and  pay  to 
said  company  the  sum  of  twenty-five  dollars  for  each  of- 
fence. 

§  15.  If  said  company  shall  purchase  or  receive  the 
said  ferry  across  the  Illinois  river  at  the  tov/n  of  Henry  as 
part  of  their  said  capital  stock,  they  shall  be  governed  in  i 
relation  to  said  ferry  by  the  laws  now  or  that  may  hereaf- 
ter be  in  force  in  this  state  in  relation  to  ferries,  and  may 
charge  the  tolls  for  crossing  the  same  that  may  be  j>rescri- 
bed  by  the  county  court  or  board  of  supervisors  oi  Mar- 
shall county. 

i\-      5    16.     All  penalties  and  forfeitures  incurred  undi-r  this 


ofdebti'  '""""act  may  be  recovered  by  action  of  debt  in  any  court  hav- 
ing cognizance  thereof;  and  when  the  penalty  or  forioiture 
does  not  exceed  the  sum  of  one  hundred  dollars,  the  same 


189  1853. 

maybe  prosecuted  and  recovered  before  any  justice  of  the 
peace  of  the  county  where  the  offender  or  offenders  may 
be  found.  All  suits  by  and  against  said  company  sliall  be 
brought  and  prosecuted  to  judgment  in  and  by  the  said 
corporate  name. 

§   17.     The  shares  in  this  company  may  be  transferred 'Jranefcr of  »to<*. 
by  assignment,  and  any  subscriber  to  the  capital  stock  of 
said  company  shall  not  be  responsible  beyond  the  actual 
amount  of  stock  so  by  him  subscribed. 

§   IS.     This  act  of  incorporation  is  hereby  declared   a 
public  act. 

Approved  Feb.  12,  1853. 


AN  ACT   to   incorporate   the   Galena  and    Southern  Wisconsin    Railroad  in  force  Jan.  26, 
Company.  ^S^'- 

Section  1.  Be  it  enacted  hy  the  people  of  the  state  of 
Illinois,  represented  in  the  General  */issemhlij.  That  Henry 
Corwith,  James  Carter,  Alexander  C.  Davis,  Daniel  A.  ^^^  ^^^ 
Barrows,  Lucius  S.  Felt,  Eli  A.  Collins,  William  H.  Brad- 
ley, Madison  Y.  Johnson,  John  Lorain,  Edward  Hempstead, 
Nicholas  Dowling  and  HalsteadTownsend,  and  all  such  per- 
sons as  shall  hereafter  become  stockholders  in  the  compa- 
ny hereby  incorporated,  shall  be  a  body  politic  and  corpo- 
rate, by  the  name  and  style  of  the  "Galena  and  Southern  Kame  and  Btri«. 
Wisconsin  Railroad  Company,"  and  under  that  name 
and  style  shall  be  capable  to  sue  and  be  sued,  implead  and 
be  impleaded,  defend  and  be  defended  against,  in  law  and 
equity,  in  all  courts  and  places  whatsoever,  in  like  manner 
and  as  fully  as  natural  persons;  may  make  and  use  a  com- 
mon seal,  and  alter  or  renew  the  same  at  pleasure;  and  by 
their  said  corporate  name  and  style  shall  be  capable  in  law 
of  contracting  and  being  contracted  v/ith,  shall  be  and  are 
hereby  invested  with  all  the  powers,  privileges,  immunities 
and  francliises,  and  of  acquiring  by  purchase  or  otherwise, 
and  of  holding  and  conveying  real  and  personal  estate  which 
mEny  be  needful  to  carry  into  effect  fully  the  purposes  and 
objects  of  this  act. 

§  2.     The   said   corporation  is   hereby  authorized  and  p^^er  to    oca- 
empowered  to  survey,  locate  and  construct,  complete,  al-  ^"""'='- 
ter,'raaintain  and  operate  a  railroad,  with  one  or  more  tracks 
or  lines  of  rails,  from  a  point  in  the  city  of  Galena  to  a  point 
on  the  state  line  dividing  the  states  of  Illinois  and  W^iscon- 
sin,  in  the  county  of  Jo  Daviess. 

§  3.     The  said  corporation  shall  have  the  right  of  way  Right  of  way.. 
upon,  and  may  appropriate  to  its  own  sole  use  and  control, 
for  the  purposes  contemplated  herein,  land  not  exceeding 
two  hundred  feet  in  width,  through  tiie  entire  length  of  said 


185J.  190 

road,  moy  enter  upon  and  take  possession  of  and  use  ail 
and  sincnilar  any  lands,  strc-ams  and  materials  of  «^very  kind 
for  the  "location  of  depots  and  stopping  stages,  for  the  pur- 
pose of   constructing  bridges,  embankments,  excavations, 
station  grounds,  turn-outs,  engine  houses,  shops  and  other 
buildings  and  things  necessary  for  the  construction,  com- 
pleting, altering,  maintaining,  preserving  and  complete  op- 
eration of  said  road  ;  and  when  the  right  of  way  for  the  said 
road    cannot  be    obtained  by    voluntary    grant  or    release . 
from  the  owner  or  owners  thereof,  the  same  may  be  taken: 
and  paid  for,  if  any  damages  be  awarded,  in  the  manner 
provided  in  "An  act  to  provide  for  a  general  system  ot  rail- 
road incorporations,"  approved  November  5th,  one  thou- 
sand eight  hundred  and  forty-nine;  and  the  final  decision 
or  award  shall  vest  in  the  corporation  hereby  created  all^ 
the  ric^hts,  franchises  and  immunities  in  said  act  contem-i' 
plated  and  provided. 

5  A.     The  canital  stock  of  saia  corporation  shall  be  one 
eapiui stock,     j^^j^^^g^  thousand  dollars,  which  maybe  increased  from 
time  to  time  to  any  sum  not  exceeding  the  entire  amount 
expended  on  account  of  said  road,  divided  into  shares  of 
one  hundred  dollars  each,  which  shall  be  deemed  personal 
property,  and  may  be  issued  and  transferred  in  such  man- 
ner as  may  be  ordered  and  provided  by  the  board  of  di- 
rectors, who  shall  require  the  payment  of  sums  subscribed 
by  stockholders  in  such  manner  and  on  such  terms  as  they 
may  deem  proper ;  and  on  refusal  or  neglect  on  the  part  ot 
stockholders,  or  any  of  them,  to  make  payment  on  the  re- 
Deiin-n.out  Bto*  qviisition  of  the  board  of  directors,  the  shares  of  such  delin- 
"'''•  quents  may,  after  thirty  days'  public  notice,  be  sold  at  pub 

lie  auction,  under  such  rules  as  said  board  of  directors  maj 
adopt— the  surplus  UToney,  if  any  remains  after  deducting 
tiie  payments  due,  with  the  interest  and  the  necessary  costs 
of  sale,  to  be  ])aid  to  such  delinquent  stockholders.       The 
board  of  directors  shall  cause  books  to  be  opened  for  sub- 
scription to  said  stock  in  such   manner  and  at  such  timei 
and  plac-.'S  as  they  shall  direct. 
r..r.orito  wv.rs      §  5-     All  the  Corporate  powci'S  of  Said  company  shall  be 
""""""'"'^'"vested  in  and  be  exercised  by  a  board  of  directors  and  sucl 
officers  and  agents  as  they  s'^hall  appoint.       T!ie  board  o: 
directors  shall  consist  of  not  less  than  three  nor  more  that 
Directors  chnseii  scven  stclcliolders,  and  sliall  be  chosen  annually  by  ballo 
nnmmiiy.  ^^  ^j^^  Stockholders  of  said   company,  each  share  havmt 

one  vote,  to  be  given  in  person  or  by  proxy.  Said  direc- 
tors to  hold  their  offices  for  one  year,  or  until  other  direc 
tors  are  elected,  and  shall  have  power  to  make  and  estabi 
ny-ian-,,  nivg  lis),  suoh  by-laws,  rules  and  regulations  as  may  be  nece-s 
•""''"'^'""'""Vj5ary  for  the  well  ordering  of  the  affairs  of  said  company 
Provided^  that  the  same  be  not  repugnant  to  the  constitu^ 
tion  of  the  United  States  or  of  this  state. 


191  1853. 

§  6.  The  president  and  directors  for  the  time  being  are  Managemt'iit  ot 
Iiereby  authorized  and  empowered,  by  themselves,  their  "'^'*''** 
officers  or  agents,  to  execute  all  the  powers  lierein  grant- 
ed, for  the  purpose  of  surveying,  locating,  constructing, 
altering,  maintaining  and  operating  said  road,  and  for  tlie 
transportation  upon  the  same  of  persons,  goods,  wares  and 
merchandise,  with  all  such  powers  a?id  authority  for  the 
control  and  management  of  the  affairs  of  said  company  as 
may  be  necessaiy  and  proper  to  carry  into  full  and  com- 
plete effect  the  intent  of  this  act. 

§  7.  Said  corporation  may  construct  their  said  road  onccnstmcuon 
or  across  any  stream  of  water,  road  or  highway  which  the  -^ross lighAvars 
route  of  its  road  shall  intersect,  but  the  corporation  shall 
restore  the  stream,  road  or  highway  thus  intersected  to  its 
former  state,  or  in  a  sufficient  manner  not  to  have  impair- 
ed its  usefulness  ;  whenever  the  track  of  said  railroad  shall 
cross  a  public  road  or  highway  may  be  carried  over  or  un- 
der said  track,  as  may  be  found  most  expedient. 

§  8.  The  board  of  directors  shall  have  power  to  con- union  wuhothPt 
nect  the  said  railroad  and  operate  the  same  with  any  railroad  ^'^''^'^^' 
in  the  state  of  Wisconsin,  meeting  the  said  railroad  upon 
tlie  state  line  between  the  states  of  Illinois  and  Wisconsin, 
and  may  consolidate  the  capital  stock  of  the  said  railroad 
.with  th.e  capital  stock  of  such  road  so  meeting  the  same 
upon  the  said  state  line,  and  shall  have  full  power  to  place 
the  said  road  of  the  company  hereby  incorporated,  or  its 
capital  stock  so  consolidated,  under  a  direction  of  a  joint 
board  of  directors,  to  be  chosen  upon  such  terms  as  the  di- 
rectors of  the  companies  consolidating  tlieir  capital  stock 
shall  agree  upon;  and  which  such  joint  board  of  directors 
shall  have,  possess  and  exercise  all  the  powders  and  author- 
ity hereby  given  to  the  directors  of  the  said  Galena  and 
Soutliern  Wisconsin  Railroad  Company,  and  shall  have 
power  to  change  or  alter  the  name  and  stjle  of  the  said 
Galena  and  Southern  Wisconsin  Railroad  Company,  if  they 
shall  see  fit  so  to  do. 

§  9.  The  said  railroad  company  are  hereby  fully  ati-Bon-ov.  m^ner. 
thorized  and  empowered,  in  their  corporate  name  and  ca- 
pacity, to  borrow  any  sum  or  sums  of  money,  from  any 
person,  corporation,  body  politic  of  any  kind,  and  for 
any  rate  of  interest  that  may  be  agreed  upon  by  and  be- 
tween said  company  and  any  person  or  party  of  whom 
such  money  may  be  obtained,  and  make  and  execute  in  their 
corporate  name  all  necessary  writing,  notes,  drafts,  bonds,  i-iie bonds. 
or  other  papers,  and  make,  execute  and  deliver  such  secu- 
rities, in  amount  and  kind,  as  may  be  deemed  expedient, 
and  the  powers  of  said  corporation,  for  the  purposes  afore- 
said,and  forall  purposes  necessary  to  carryingoutthe  object 
of  said  company,  and  the  contracts  and  ofiicial  acts  of  said 


1S53.  192 

company,  are  hereby  declared  binding  in  law  and  equity 

upon  said  corporation  and  all  other  parties  to  said  contracts. 

.....itrforinju.      §   10.     If  any  person    shall    carelessly,  wilfully,    mali- 

'■  ciously  or  wantonly  delay,  hinder  or  obstruct  the  pissage 

of  any  carriage  on  said  road,  or  shall  place  or  cause  to  be 
placed  any  material  tlicreon,  or  in  any  way  trespass  upon, 
spoil,  injure  or  destroy  said  road,  or  any  part  thereof,  or 
any  thing  belonguig  or  pertaining  thereto,  or  employed  or 
used  ill  connection  with  its  location,  survey,  construction  or 
management,  all  persons  committing,  or  aiding  and  abetting 
in  the'^comraission  of  said  trespass  or  offence,  shall  forfeit 
and  pay  to  tlie  said  company  treble  such  damages  as  and 
be  proved  before  any  court  of  competent  jurisdiction;  shall 
further,  such  offenders  shall  be  liable  to  indictment  in  the 
county  within  whose  jurisdiction  the  offence  may  be  com- 
mitted, and  to  pay  a  tine  of  not  less  than  ten  nor  more  than 
one  hundred  dollar^,  to  the  use  of  the  people  of  the  state 
of  Illinois,  or  may  be  imprisoned  in  the  penitentiary  for  a 
term  not  exceeding  five  years,  in  the  discretion  of  the 
court  before  whom  the  same  shall  be  tried. 

n^ebeiiorwuis.      §   H-     A  bell  of  at  least  twenty  pounds  weight,  or  a 

"*•  steam  whistle,  shall  be  placed  on  each  locomotive  engine, 

and  shall  be  rung  or  whistled  at  a  distance  of  at  least  eighty 
rods  from  the  place  where  said  road  shall  cross  any  road  or 
street,  and  be  kept  ringing  or  whistling  at  intervals  until  it 
shall  have  crossed  said  road  or  street,  under  a  penalty  of 
t'airty  dollars  for  every  neglect,  to  be  paid  by  said  corpora- 
tion, one-half  thereof  to  go  to  the  informer,  and  the  other  half 
to  the  state,  and  to  be  liable  for  all  damages  which  shall  be 
sustained  by  any  person  or  persons  by  reason  of  such  neglect. 
Said  corporation  shall  cause  boards  to  be  placed,  well  sup- 
ported by  posts  or  otherwise,  and  constantly  maintained 
across  each  public  road  or  street  where  the  same  is  crossed 
by  tiie  railroad,  on  such  elevation  as  not  to  obstruct  the 
travel,  and  to  be  easily  seen  by  travelers,  and  on  each  sidei 
of  said  board  shall  be  painted'  in  large  capital  letters  the  • 
words,  '■'Bail  road  crossing!  Look  out  for  the  cars  I' ■ 

»    ,    ,  ,  r.       6   12.     Said  company  shall  have  power  to  receive  one- 

Bonds  or  joiR->  i.^  ••jji»  *i.i*.l 

wes»  county  and  i^alf  of  thc  amouut  ot  subscriptions  to  their  capital  stock 
for  tiie  construction  of  said  road,  in  thc  bonds  of  the  county 
of  Jo  Daviess,  or  the  city  of  Galena,  said  bonds  to  bear 
interest  at  any  rate  not  exceeding  ten  per  cent,  per  annum. 

«Mcn  or-««ing».  §  13.  For  the  convenience  of  persons  owning  or  pos- 
sessing lands  through  which  the  said  road  shall  pass,  it 
shall  fe  the  duty  of  said  company,  when  required,  to  make  a 
■d  good  and  sufficient  passage  way  over  or  under  said  railroad 
whenever  the  same  may  le  necessary  to  enable  the  occu- 
pants of  said  lands  to  pass  over  or  under  the  same  with 
teams,  wagons,  carts  and  implements  of  husbandry,  as  oc- 
casion may  require  :   Provided,  that  said  company  shall  in 


193  1853. 

no  case  be  required  to  make  more  than  one  such  passage- 
way for  each  farm,  and  when  any  public  road  shall  cross 
said  railroad  in  any  farm,  the  person  owning  or  possessing 
such  farm  shall  not  be  entitled  to  require  said  company  to 
make  any  additional  causeway. 

§  14.  This  act  shall  be  deemed  a  public  act,  and  shall 
be  favorably  construed  for  a^ll  purposes  therein  expressed 
and  declared,  in  all  court.^  and  places  whatsoever,  and  shall 
be  in  force  from  and  after  its  passage. 

Approved  Jauu  iry  ^6,  1853. 


AX  ACT  to  incorporate  the  Win-cfiiis  Ferrv  Compaiiv.  i"  fo--''  Feb.  u 

Whereas  by  an  act  of  the  legislature,  approved  on  the  sec- Preamble. 
..   ond  day  of  March,  1819,  entitled  ^'An  act  to   authorize 
.    Samuel  Wiggins  to  establish  a  ferry  upon  the  waters  of 
the  Mississippi,"  the  state  of  Illinois  granted  to  Samuel 
Wiggins,  his  lieirs  and  assigiis,  tlie  right  to  establish  a 
ferry  on  tile  waters  of  the  Mississippi  near  the  town  of 
Illinois,  in  this  state,  and  to  run  the  same  from  lands  at 
the  said  place  that  may  belong  to  him  :  Provided^  that 
he  should  not  use  any  boat  or  water  craft  except  such 
as  should  be  propelled  by  steam,  horses,  oxen  or  other 
four-footed    animals:  And  provided,  that  said  Samuel 
Wiggins,  his  heirs  or  assigns,  should  have  the  said  ferry 
in  actual  operation  within  eigiiteen  months  from  and  af- 
ter the  passage  of  that  act ;  and  that  no  person  except 
those  who  then  had  ferries  established  at  that  place  should 
establish  any  ferry  of  the  description  aforesaid  within  one 
mile  of  the  ferry  established  under  that  act ;  and  if  any 
person  should,  contrary  to  the  provision  of  that  act,  run 
any  boat  or  boats  of  the  description  aforesaid,  he,  she  or 
they  should  forfeit  any  such  boat,  with  the  furniture  and 
apparel,  to  tiie   said    Samuel  Wiggins,  his  heirs  and  as- 
signs, which   might  be   attached   and   recovered   before 
any  court  in   this   state   having  competent  jurisdiction; 
and  it  was   thereby   further  provided  and  enacted   that 
it  should  and  might  be  lawful  for  the  said   Samuel  Wig- 
gins, his  heirs   and   assigns,  to  demand   and    receive  the 
same  rates  of  ferriage  as  v/ere  then  of  right  demandable  at 
the  ferry  established  nearest  to  the  ferry  authorized  to  be 
established  by  that  act  :  Provided,  that  no  more  should 
be  charged  for  a  wagon,  cart,  or  other  carriage,  if  loaded, 
than  could  be  charged   if  empty;  and    it    was    further 
thereby  enacted,  tliat  the  ferry  thereby  established  should 
be  subject  to  the  same  taxes  as  were  then  or  thereafter 
might  be  imposed  on  other  ferries  within  this  state,  and 
[  N  ] 


1853.  194 

subject  to  the  same  regulations  and  forfeitures.  And  by 
another  act,  approved  the  sixth  day  of  February,  1821, 
said  Samuel  Wiggins,  his  heirs  and  assigns,  were  author- 
ized to  remove  said  ferry  on  any  land  which  might  be- 
long to  him  or  them  on  said  Mississippi  river,  under  the 
same  privileges  as  were  then  prescribed  by  the  act  first 
above  mentioned,  and  by  another  act  entitled  "An  act  to 
amend  the  several  acts  thei*in  named  concerning  the  es- 
tablishing and  regulating  ferries  in  this  state,"  it  was  pro- 
A  ided  as  follows  ' 

"Section  1 .  Be  it  enacted  hy  the  people  of  the  state  of 
^  l//inois,  repy^esenfed  in  the  General  Jissemhly^  That  so 
'  much  of  an  act  entitled  'An  act  to  authorize  Samuel 
'  Wiggins  to  establish  a  ferry  upon  the  waters  of  the  Mis- 
'  sissij)pi,'  approved  March  2,- 1819,  as  prohibits  the  es- 
'  tablisliing  of  a  ferry  within  one  mile  of  the  ferry  estab- 
'lished  by  that  act,  and  so  much  of  the  act  entitled  'An 
'  act  to  authorize  Samuel  Wiggins  to  make  a  tun. pike 
'  road,  and  for  ot'ier  pur{)oses,'  approved  February  6, 
'  1821,  as  authorized  the  said  Wiggins  to  remove  his 
'  ferry  to  any  lands  belonging  to  him,  under  the  same 
'  privileges  that  were  conferred  to  him  by  the  act  enti- 
'  lied  'An  act  to  authorize  Samuel  Wiggins  to  establisli 
'  a  ferry  upon  tlie  waters  of  the  Mississippi  river,'  ap- 
'  proved  March  2,  1819,  as  relates  to  the  prohibiting  the 
'  establishing  any  ferry,  or  the  running  boats  within  one 
'  mile  of  the  ferry  established  by  said  last  mentioned  act, 
'and  so  much  of  the  act  entitled  'An  act  to  amend  an 
'  act  to  provide  for  the  establishment  of  ferries,  toll- 
'  bridges  and  turnpike  roads,'  approved  February  the 
'12th,  1827,  amended  January  22,  1829,  as  prohibits  the 
'establishing  of  any  ferry  on  the  waters  of  the  Missis- 
'  sippi,  Ohio,  Illinois,  or  Great  Wabash  rivers,  within 
'two  miles  of  any  such  established  ferry  or  toll-bridge, 
'be  and  the  same  is  hereby  repealed,  approved  January 
'  19tli,  1833;'  and  whereas,  the  said  Samuel  Wiggins 
did  acquire  lands  on  the  Mississi})pi  river,  and  establish 
a  ferry  in  accordance  with  the  provisions  of  said  acts,  • 
and  afterwards  sold  out  his  said  lands  and  ferry  franchise; 
to  other  persons,  who,  and  their  representatives,  alsoij 
bought  other  lands,  and  also  leased  otiier  lands  near  thei 
first ;  and  whereas,  by  means  of  assignments  of  various  \ 
interests  in  said  lands  and  ferry  franchise,  and  of  the 
death  of  some  of  the  owners  of  undivided  portions' 
thereof,  and  of  the  dissent  and  devises  of  their  interests 
therein,  a  number  of  persons,  some  of  whom  are  minors, 
have  become  owners  of  said  lands,  ferry  franchise;' 
and  whereas,  it  has  become  desirable  that  the  said 
lands  and  ferry  landing  may  be  improved  by  the  build- 
ing of  wharves,  dykes    and   levees,  the    laying    out  of 


195  1853. 

streets  and  roads  through  a  part  of  said  lands,  and  the 
erection  of  houses  for  various  purposes  thereon,  and 
establishment  of  a  boat  yard,  and  building  of  docks 
and  by  other  tilings  of  public  utility,  yet  by  reason  of 
the  minority  of  some  of  the  present  owners  thereof,  and 
and  of  the  uncertainty  of  life,  where  so  many  are  con- 
cerned, the  present  owners  of  said  lands  and  ferry  fran- 
chises cannot  do  these  things  and  works,  therefore,  to 
remove  their  disability,  and  because  the  object   desired 

cannot  be  attained  under  the  general  corporation  law 

Section  1.     Beit  enacted  by  the  people  of  the  state  of  Itli- 

nois,  represented  in  the  General  Assembly,  asf„ll)ws  :  That 

Andrew  Christy,  Wm.   C.  Wiggins,  Adam  L.  Mills,  Lewis  corporator.. 

V.  bogy  and  Napoleon  B.  Mullekin,  and  their  associates, 

•    successors  and  assigns,  are  hereby  created  a  body  corporate 

[    and  politic,  by  the  name  and  style  of  '-The  Wiggins  Ferry 

Company,"  and  by  that  name   shall  have  perpetual  suc-xame  ana  sui. 
^   cession,  and  may  sue  and  be  sued,  plead  and  be  impleaded, 

■  defend  and  be  defended,  in  all  courts  and  places,  and  may 
have  and  use  a  common  seal,  and  the  same  renew  and  alter 
at  pleasure  ;  and   the  said   company  shall  have  full  power 

,  to  do  the  following  acts  :     1st.   To  acquire  by  purchase  or 
otiierwise,  and  hold  any  lands,  or  any  interest  in  lands,  in  General  powers. 
fee  simple,  or  less  estate,  in  the  counties  of  St.  Clair  and 

■  Madison,  or  either  of  them,  and  on  or  near  the  Mississippi 
river,  and  not  exceeding   twelve  hundred   acres,  and  also 

■  other  lands  further  from  the  Mississippi  river,  for  coal 
mines,  not  exceeding  three  hundred  acres,  and  also  to  pur- 
chase,  hold,  use  and  enjoy  tiie  ferry  franchise  heretofore 
granted  to    Samuel  Wiggins,  his   heirs  and  assigns,  by  the 

j  act  referred  to  in  the  preamble  of  this  act. 

I      §  2.     To  construct  a  levee,  and  other  works,  calculated  improve u-Tnciing. 
,  to  improve  the    harbor  and   ferry  landing,  to  construct  a 
wharf  on  the    Mississippi    river,   and  grade  and   pave  the 
,  same,  on  any  part  or  all  of  said  lands  fronting  on  said  river, 
and  after  the  same  shall  be  graded  and  paved,  shall  have 
the  right  to  charge,  collect  and  receive  wharfage,  at  suchR^.eh-e   wharf 
rates  as  may  from  time  to   time   be   fixed  by   the   by-laws    «Be. 
of  said    company,  not   exceeding    the   rates    of  wharfage 
charged  in  St.  Louis,  Missouri,  on  boats,  vessels  and  rafts 
landing  or  lying  at  such  wharf. 

I  §  3.  To  build  and  keep  one  or  more  wharf-boats,  to  Buidwharf-boai. 
;erect  warehouses,  stores  and  such  other  buildings  as  may  ^^rehouses,  &. 
be  determined  upon  by  said  company,  and  to  e^stablish  a 
boat  yard,  and  erect  all  necessary  shops  connected  with 
boat  building,  and  build  and  finish,  in  all  parts,  ferry  and 
other  boats,  and  to  work  the  coal  mines  said  company  may 
hereafter  purchase. 

\J   \  ^^^   survey   and    lay   oflt  said   lands,   or   any  part  Lay  offian-suu. 
thereot,  into  blocks,  lots,  streets  and  alleys,  and  grade  and  ""''''''  *'"• 


1S53. 


CAiiital  stock. 


Ciovcrnniotit 
c  miiaiiy. 


196 

pave  said  streets  and  alleys,  or  any  part  thereof,  and  to  lay 
oiFand  dedicate  to  public  use,  grounas  ibr  marke.  places, 
scl.oois,  churclies  and  parks,  and  to  sell,  lease  and  donate 
any  part  of  said  lands,  in  such  manner  and  upon  such  terms 
as  said  company  may  deem  proper,  and  execute  convey- 
ances for  the  same,  and  to  subscnbc  for,  take  ana  buy  ani 
hold,  and  sell  slock  in  any  railroad,  or  plank  or  turnpike 
road  companv,  and  issue  bonds  bearing  such  rate  oi  in- 
terest, and  payable  at  such  times  and  places  as  the  company 
may   think   proper,  not  exceeding  one  hundred  thousand 

dollars.  ,    „ 

^   5      To  keep  a  ferry  or  ferries  at  and  from  any   poim 
or  points  on  said  lands,  across  the  Mississippi  river,  to  St. 
Louis,  in   the   state  of  Missouri,  and  to  remove  the  same 
from  place  to  place  on  said  lands  as  necessity  or  conven- 
ience may  require,  and  use  boats  or  other  cralts  propelled 
by  steam,"  heat,  or  other  power,  and  possess,  use  and  enjoy 
all  the  rights,  privileges,  franchises  and  emoluments  recited 
in    the  preamble    of  this    act    as  having   been    heretofore 
o-rapted  to  the  said  SamUel  Wiggins,  his  heirs  and  assigns, 
Sn  and  from  the  lands  to  be  purchased  as  herein  provided 
for,  and  generallv  to  do  and  i)erform  all  things  in  rcterence 
to  the  ownership;  control,  management,  use  and  disposition 
of  said  ferrv  franch.ise,  ferry  and  lands,  and  of  tae  business 
carried  on  thereat,  which  a  natural  person  might  or  could  do. 
^  2    [61     Tlie  capital  stock  ofsaid  company  shall  consist 
of  one  hundred  tliousand  dollars,  divided  into  shares  of  one 
hundred  dollars  each,  and  may  be  increased  to  one  muhon 
dollars.     The  immediate  government  and  direction  ot  said 
"'company  shall  be  vested  m  five  directors,  and  the  persons 
hereby  incorporated  shall  constitute  the  first  board  oi  direc- 
tors, and  tiiev  shall  distribute  the  stock  in  said  company  in 
such  amounts  to  each  as  may  be  agreed  among  themselves, 
and  shall  prescribe  the  mode  of  transferring  stock,  and  then 
cause  an  election  to  be  held  for  directors,  not  less  than  ten 
days  thereafter,  and  each  stockholder  shall  be  entitled  to  one 
vole  for  cacli  share  of  stock  held  by  him  or  them  in  said 
company,  and  may  vote  by  person  or  by  proxy,  and  the  di- 
rectors so  elected  shall  hold  tlieir  offices  for  one  year,  and 
until   their  successors  r:  c  elected  and  organized  by  the 
election  of  a  president,  and  in  like  manner  annual  elections 
of  directors  shall  be  held;  and  said  directors,  a  majority  of 
whom  siiall  constitute  a  quorum  to  do  business,  shall  elect 
one  of  their  number  to  be  the  president  of  said  company,, 
and  shall  have  power  to  elect  a  secretary  and  treasurer, 
and  appoint  such  clerks,  agents  and  servants  as  may  be  re-: 
quired  to  carry  on  the  business  of  said  company  in  all  itsi 
various  branches.  I 

§  3.   [7]     The  time  of  holding  annual  elections  for  direc-| 

■  •'■  tors  shall  be  fixed  by  the  by-laws  to  be  passed  by  the  direc-| 


197  1853. 

torSjbut  a  failure  to  hold  an  election  at  the  time  appointed  shall 
not  operate  as  a  forfeiture  of  any  of  the  privileges  granted 
by  tills  cliarter,  but  in  such  cases  the  president  and  direc- 
tors in  ofiice  shall  continue  to  exercise  their  official  pow- 
ers until  successors  shall  be  elected  and  organized  ;  and  in 
case  of  any  vacancy  in  said  board  by  death  or  otlierwise, 
the  remaining  directors  sliall  fill  said  vacancy  till  the  next 
election. 

§  4.  [Sj  The  directors  of  said  company  shall  have  pow-  .laUf  ly.-.aw^. 
er  to  pass  by-lavi^s  defining  the  duties  and  power  of  tlie  pres- 
ident, secretary  and  treasurer,  and  of  all  employees  of  said 
company,  and  also  prescribing  or  changing  the  manner  of 
transferring  stock  and  the  manner  of  appointing  proxies, 
and  such  other  by-laws  as  they  may  deem  expedient  for  the 
general  management  of  their  afFiiirs,  not  inconsistent  with 
tiiis  charter  and  tiie  laws  of  this  state. 

§  5.  [9J  All  conveyances  ofland  sold,  leased  or  donated 
by  said  company  shall  be  executed  by  tlie  president  in  his 
oliicial  capacity,  in  {tursuance  of  an  order  of  the  board  of  di- 
rectors, and  by  affixing  tlie  sea!  of  the  corporation,  and  at- 
tested by  the  secretai-y. 

§  6.  [10]  Tile  courts  of  chancery  or  of  probate  in  this  i-^i,t  of  raiiiuM. 
State  having  care  or  jurisdiction  of  the  estate  of  any  minor  in- 
terested in  said  ferry  franchise  granted  to  said  Samuel  Wig- 
gins, his  heirs  and  assigns  as  aforesaid,  and  the  ferry  car- 
ried on  under  that  franchise,  and  the  lands  acquired  by  the 
said  Saraue'l  Wiggins,  and  by  his  assigns  and  their  repre- 
sentatives, as  recited  in  the  preamble  to  this  act,  may,  if 
in  its.judgment  it  is  for  the  interest  of  said  minor,  on  ap- 
plication of  the  guardian  of  said  minor,  appoint  in  the  state 
where  said  minor  resides,  notice  having  been  given  by  pub- 
lication in  a  newspaper  publislied  in  the  connty  where  said 
application  is  made,  for  four  v/eeks  successively  before 
such  application,  order  his  or  her  interest  in  said  propei'ty, 
including  the  ferry  franchise,  ferry  boat,  and  appurtenan- 
ces used  about  said  ferry,  lands,  stock  and  property  of  ev- 
ery kind  held  by  the  assigiiees  or  representatives  of  said 
Samuel  Wiggins,  to  be  sold  either  for  money,  to  the  high- 
est.bidder,  or  to  said  company  for  stock  i)i  said  company, 
at  a  rate  to  be  approved  by  the  court. 

§  7,  [llj   This  act  shall  not  be  construed  to  interfere  v/ith  Not  to  interfera 
any  ferry  now  established  by  law,  and  is  hereby  declared  ^'     '^^"'*^* 
to  be  a  public  act,  and  shall  take  elTect  and  be  in  force  from 
and  after  its  passage  :  Provided,  that  notiiing  in  this  act  Proviso, 
contained  shall  be  construed  to  create  any  private  right  so 
as  to.  interfere  with  the  powers  of  any  existing  municipal 
corporation,  or    with  the  right  of  the  legislature,  at  any 
time  hereafter,  to  create  municipal  corporations  within  the 
limits  herein  specified,  and  to  confer  upon  said  corporacions 
all  such  powers  of  police,  and  also  all  such  powers  to  open 


1853.  198 

and  extend  streets,  lanes  and  alleys,  and  to  improve,  man- 
age and  control  the  same,  and  also  such  powers  to  enter 
upon  and  condemn  lands  witiiin  the  limits  aforesaid,  for 
public  wharves,  and  to  improve,  control  and  fix  tlie  rates 
of  wharfage  for  the  same  as  may  be  usually  or  properly  con- 
fided to  a  city  corporation  under  the  constitution  of  Illi- 
nois. 

wiiarves.  [§   8.]      Whenever  a  town  or  city  shall  be    laid  off  and 

established  on  said  land,  or  on  the  ai'jacent  and  contiguous 
land,  it  sliall  be  lawful  for  the  corj)orate  authority  of  such 
town  or  city  to  own  and  possess  the  said  wharves  and  land- 
ing on  paying  to  the  proprietors  thereof,  hereby  incorj)0- 
rated,  the  cost  of  the  same — from  and  after  which  time  the 
said  wiiarves  and  landings  shall  be  dedicated  to  the  use  of 
such  town  or  city,  and  said  town  or  city  shall  have  the 
right  to  establish  and  charge  reasonable  wharfage   for  the 

rroviso.  use  of  the  same  :  Provided^  that  the  same  shall  not  exceed 

the  wharfage  dues  charged  and  collected  by  the  city  of 
St.  Louis. 

(-091  of  wi.nrves.  [§  9. J  The  cost  of  the  Said  wharves,  landings,  &c.,  sliall 
be  ascertained  by  petition  filed  with  the  county  court  of 
St.  Clair  county,  on  notice  to  any  one  of  the  persons  named 
as  corporators  in  tins  act,  of  at  least  five  days  before  pre- 
senting the  petition  ;  and  the  said  court  shall,  on  presenting 
said  petition,  appoint  tliree  disinterested  })ersons,  wiio,  af- 
ter being  sworn  before  some  judge  or  justice  of  the  peace 
faitlifiiily  and  impartially  to  examine  the  premises,  shall 
proceed  to  estimate  the  cost  of  said  wharves  and  landings, 
and  make  a  written  report  of  the  same  to  the  said  court, 
whicii  shall  be  filed  and  recorded  in  said  court;  and  on 
payment  or  tender  of  the  amount  so  assessed  and  found, 
the  said  wharves  and  landings,  and  all  estate  in  them,  shall 
be  transferred  to  the  said  corporation  petition  as  aforesaid  : 

Proviso.  Provided,  however,   that  either  party  may  appeal  to  the 

circuit  court  and  to  the  supreme  court,  as  in  other  cases. 

wharfase.  [^    10. J      No  wiiarfagc  sliall  be  allowed  to  bc  charged  Ih 

an}  case  until  the  said  wharf  or  wharves,  or  landings  shall  be 

Proviso.  properly  and  suificiently  graded  and  paved  :  Provided,  that 

this  act  shall  not  be  construed  to  interfere  with  any  of.  the 
powers,  privileges  or  francliises  heretofore  granted  and 
contained  in  an  act  entitled  "An  act  to  incorporate  the 
Madison  Ferry  Company,"  approved  February  3d,  1840, 
and  "An  act  to  amend  an  act  to  incorporate  the  JNIadison 
Ferry  Company,"  approved  February  11.  1847,  or  either  of 
them  . 
Approvkd  February  11,  1853. 


199  1853. 

A.V  ACT  to  incorporate  the  town  of  Paris.  In  force  v>b.  i 

1853. 

Section  1.  Be  it  enacted  by  tlie  j)eople  of  tlie  state  of 
Illinois,  represented  in  the  General  *^^ssemh///,  Tliat  the  ^" 'jriwrau.i. 
inliabitants  i:i  the  town  of  Paris,  in  the  county  of  Edgar,  and 
state  of  Illinois,  be  and  they  are  hereby  constituted  a  body 
politic  and  corporate,  by  the  name  and  style  of  "The  Town 
of  Paris,"  and  by  that  name  shall  have  perpetual  succession,  lieiierai-iowwi 
and  may  have  and  use  a  common  seal,  which  they  may 
change  and  alter  at  pleasure. 

§   2.      The  boundaries  of  said  town  shall  include  within  I'.ouu.iaries. 
their  limits   all  of  that  district  of  country  known  as  sec- 
tion one,  in  township  thirteen  north,  of  range  twelve,  west  of 
the  second  principal  meridian. 

^    3.     Wlienever  any  tract  of  land  adjoining   the    town  iv.vns. 
of  Paris  shall  be  laid  ofF  into   town  lots    and   recorded  ac- 
cording to   law,  the  same  shall  be  annexed  to   and  form  a 
part  of  the  town  of  Paris. 

§  4.  The  inhabitants  of  said  town,  by  tlie  name  and 
style  aforesaid,  shall  have  power  to  sue  and  be  sued,  to 
plead  and  be  impleaded,  to  defend  and  be  defended,  in  all 
courts  of  law  and  equity,  and  in  all  actions  whatsoever;  to 
purchase,  receive  and  hold  property,  real  and  personal,  in 
said  town,  and  to  purchase,  receive  and  hold  property  real 
be\'ond  the  limits  of  said  town,  for  burial  grounds  for  the  use 
of  the  inhabitants  of  said  town,  and  to  sell,  lease,  convey 
and  improve  property,  real  and  personal,  for  the  benefit  of 
the  said  town,  and  to  do  all  other  things  in  relation  there- 
to as  natural  persons. 

ARTICLE  II.— 0/'  the   Town  CcunciL 

§    1.     There  shall  be  a  town  council,  to  consist  of  a  pres-rown  o.^ncii. 
ident  and  four  trustees,  to  be  chosen  annually  by  the  quali- 
fied voters  of  the  said  town. 

§  2.     No  person  shall  be  a  member  of  the  town  council  who pi:!:;!)^. 
unless  he  shall  be   at  the  time    of,  and  shall  have  been  six 
months  immediately  preceding  his  election,  a  resident  of  the 
town,  and  shall  be,  at  the  time  of  his  election,  twenty-one 
years  of  age  and  a  citizen  of  the  United  States. 

§   3.     If  any  member  of  the  town  council  shall,  during  the  om.evacaico. 
term   of  his   office,  remove  from  the  tov/n,  his  office  shall 
thereby  be  vacated. 

§  4.  The  town  council  shall  judge  of  the  qualifications, 
elections  and  returns  of  its  own  members,  and  shall  deter- 
mine all  contested  elections. 

§  5.     A  majority  of  the  town  council  shall  constitute  a  Quorum. 
quorum  to  do  business,  but  a  smaller  number  may  adjourn 
from  day  to  day,   and  compel  the  attendance  of  absent 


1853.  200 

members  under  such  fines  and  penalties  as  may  be  pre- 
scribed by  ordinance. 

R.i!c  «f  pr-ccea-      §   6.     The  town  council  shall  have  power  to  determine 

"'^''  the  rule  of  its  proceedings,  and  punish   its   members  for 

disorderly  conduct,  in  such  manner  as  may  be  prescribed 
by  ordinance. 

§  7.  Tiie  town  council  shall  keep  a  journal  of  its  pro- 
ceedings, and  from  time  to  time  publish  tlie  same. 

§  8.  No  member  of  the  town  council,  during  the  term 
of  his  office,  shall  be  appointed  to  any  office  under  the  au- 
thority of  the  council. 

vacanci-s  liiici.      §  0.     All  vacaucies  that  shall  occur  in  the  town  council 
shall  be  filled  by  election.  « 

^      J,  §   10.     Eachand  every  member  of  the  town  council,  be- I 

fore  entering  upon  the  duties  of  his   office,  shall  take  and  « 
subscribe  an  oath  tiiat  he    will  support  the  constitution  of 
the  United  Slates  and  this  state,  and  that  he  will  well  and 
truly  perform  the  duties  of  his  office  to  the  best  of  his  ability. 

•n..  §   11.     Whenever  there  shall  be  a  tie  in  the  election  of 

members  of  the  town  council,  the  judges  of  election  shall 
certify  the  same  to  the  police  justice,  who  shall  determine 
the  same  by  lot,  in  such  manner  as  may  be  prescribed  by 
ordinance. 

ju.;in;-.  §   12.     There  shall  be   four  stated  meetings  of  the  town 

council  in  each  year,  at  such  times  and  places  as  maybe 
prescribed  by  ordinance. 

ARTICLE  III. 

Poiicf  ii.stie-cnmi  §  1-  Thcro  sliall  bc  elected  in  the  town  of  Paris,  b} 
town  constable.  ^[,g  qualified  voters  thereof,  on  the  first  Monday  of  April, 
1853,  and  on  the  first  Monday  of  April,  biennially,  forever 
thereafter,  a  police  justice  and  a  town  constable,  who  shall 
hold  their  offices  for  two  years,  and  until  their  successors 
shall  be  elected  and  qualified. 
Pi;.  i;,;i,ty.  ?>   2.     No  person  shall  be  eligible  to  the  office   of  police 

justice,  or  to   the  office  of  town  constable,  who   shall  not 
have  been  a  resident  of  the  town  for  one  )ear  next  prece- 
ding his  election,  or  who  shall  be  under  twenty-one  years 
of  age,  or  who  shall  not  be  a  citizen  of  the  United  States. 
;.,',,. vc ..,.,. iirt      §   3,     For  the  election  of  police  justice  and  town  con- 
stable the  town  of  Paris  is  hereby  declared  an  elective  ])re- 
cinct,  and  such  election  shall  be  conducted  and  the  returns 
thereof  made  in  the  same  manner  as  the  election  and  re- 
turns of  other  ju^stices  of  the  peace  and  constables  :  Pro- 
vided^ such   elections  shall  be  held  at  the  same  time  and 
shall  be  conducted  by  tiie  same  judges  as  the  election  for 
members  of  the  town  council. 
I'oii.c      iiitioo      §   4.     The  police  justice  shall  be  commissioned  by  the 
' "'"''"'■•  .^ovenior  of  the  state  of  Illinois  as  a  justice  of  the  peace, 


201  1853. 

and  as  such  shall  give  bond  and  take  and  subscribe  the 
same  oatii  of  office  as  other  justices  of  the  peace,  and  as 
such  shall  be  a  conservator  of  the  peace  for  the  said  town, 
and  shall  have  power  and  authority  to  administer  oaths,  is- Duties. 
sue  writs  and  processes,  to  take  dej)ositions,  acknowledg- 
ment of  deeds,  mortgages  and  other  instruments  of  wri- 
ting, and  certify  the  same  as  other  justices  of  the  peace, 
and  lie  shall  have  exclusive  jurisdiction  of  all  cases  arising 
under  the  ordinances  of  the  corporation,  and  concurrent 
jurisdiction,  power  and  authority  in  all  cases  whatsoever 
with  other  justices  of  the  peace,  arising  under  the  laws  of 
this  state,  and  shall  be  entitled  to  the  same  fees  for  his  ser- 
vices as  other  justices  of  the  peace  in  similar  cases. 

§   5.     The  town   constable  shall  have  such  power   and  Duties  of  town 
authority,  and  be  entitled  to  such  fees,  and  be  placed  under  c^ustabie. 
such    bond,    conditioned    for   the    faithful  performance    of 
the  duties  of  Ids  office,  as  may  be  prescribed  by   the  ordi- 
nances of  the  corporation  hereby  created. 

§  6.  In  case  the  police  justice  shall,  at  any  time,  be  penalties  im- 
guilty  of  palpable  omission  of  duty,  or  siiall  wilfully  or  cor-  j'^uce."''  ""''"" 
ruptly  be  guilty  of  oppression,  malconduct  or  partiality  in 
the  discharge  of  the  duties  of  his  office,  he  shall  be  liable 
to  be  indicted  in  the  circuit  court  of  Edgar  county,  and  on 
conviction  sliall  be  fined  in  any  sum  not  exceeding  two 
hundred  dollars,  and  removed  from  office. 

ARTICLE  l\.- Of  Elections. 

§  1.  On  the  first  Monday  of  April  next,  an  election  shall  Elections, 
be  held  in  said  town  for  the  president  and  four  members  of 
the  town  council,  and  forever  tJiereafter,  on  the  first  Mon- 
day of  April  of  each  year,  there  siiall  be  an  election  held 
for  said  officers.  The  first  election  shall  be  held,  conduc- 
ted, and  returns  thereof  made,  as  may  be  provided  by  ordi- 
nance by  the  present  president  and  trustees  of  the  town  of 
Paris,  and  all  succeeding  elections  as  may  be  provided  by 
ordinance  of  the  town  council  by  this  act  created. 

§  2.     All  })ersons  who  are  entitled  to  vote  for  state  offi- voters. 
cers,  and  who  shall  have  been  actual  residents  of  said  town 
ninety  days  next  preceding  said  election,  shall  be  entitled 
to  vote  for  said  officers. 

ARTICLE  V.  —  Of  the  Legislative  Powers  of  the  Cuuncil. 

§   1.     The  town  council  shall  have  power  and  authority 
to  levy  and  collect  taxes  upon  all   proj)erty,  real  and  per- Levy  and  collect 
sonal,  within  the  limits  of  the  town,  not  exceeding  one-half  ^'^^'^^' 
per  centum  per  annum,  upon  the   assessed  value  thereof, 
and  may  enforce  the  payment  of  the  same  in  any  manner 


1863. 


202 


to  be  prescribed  by  ordinance,  not  repugnant  to  the  con- 
stitution of  the  United  States  or  of  this  state. 

§  2.  The  town  council  shall  liave  power  to  appoint  a 
clerk,  treasurer,  assessor  and  supervisor  of  streets,  and  all 
such  other  officers  as  may  be  necessary,  and  to  require  of 
all  officers  appointed  in  pursuance  of  this  charter,  bonds 
with  such  penalties  and  security  for  the  faithful  perlbrm- 
ance  of  their  duties  as  may  be  deemed  expedient. 

§  3.  Also,  to  require  ail  officers  appointed  as  aforesaid 
to  take  an  oath  for  the  faithful  performance  of  the  duties  of 
their  respective  offices,  before  entering  upon  the  discharge 
of  the  same. 

§  4.  To  aj)propriate  money,  and  provide  for  the  pay- 
ment of  the  debts  and  expenses  of  the  town. 

§  5.  To  make  regulations  to  secure  the  general  health 
of  the  inhabitants  of  the  town,  and  to  declare  what  shall  be 
a  nuisance,  and  to  prevent  and  remove  the  same. 

^  6.  To  provide  the  town  with  water,  to  sink  and  keep 
in  repair  wells  and  pumps  in  the  streets,  for  the  conveni- 
ence of  the  inhabitants. 

§  7.  To  open,  alter,  abolish,  extend,  grade,  pave  or 
otherwise  im])rove  and  keep  in  repair  streets  and  alleys. 

^   8.     To  erect  and  keep  in  repair  bridges. 

§  9.  To  erect  market  houses,  to  establish  markets  and 
market  places,  and  to  provide  for  the  government  and  reg- 
ulation thereof. 

§  10.  To  provide  for  enclosing,  improving  and  regula- 
ting all  public  grounds  belonging  to  the  town. 

§  11.  To  license,  tax  and  regulate  auctioneers,  hawk- 
ers, pedlers,  brokers  and  {)awnbrokers. 

§  12.  To  license,  tax,  regulate  and  suppress  theatrical 
and  other  exhibitions,  shows  and  amusements. 

§  13.  To  prohibit  and  suppress  tippling  houses,  dram 
shops,  gaming  houses,  bawdy  houses  and  other  disorderly 
houses. 

§  14.  To  provicje  for  tiie  prevention  and  extinguish- 
ment of  fires,  to  organize  and  regulate  fire  companies. 

§  15.  To  regulate  the  fixing  of  chimneys  and  the  flues 
thereof. 

§  16.  To  regulate  the  storage  of  tar,  pitch,  rosin,  gun- 
powder and  other  combustible  materials. 

§  17.  To  ])rovide  for  taking  enumerations  of  the  inhab- 
itants of  the  town. 

§  18.  To  regulate  the  election  of  town  officers,  and  to 
])rovide  for  removing  from  office  any  person  holding  an  of- 
fice created  by  ordiriance. 

§  19.  To  fix  the  compensation  of  town  officers,  and  reg- 
ulate the  fees  of  jurors,  witnesses  aiul  others  for  services 
rendered  under  this  act  or  any  ordinance  :  Provided,  that 
in  no  case   shall  any  member  of  the  town  council  receive 


203  1853. 

more  than  four  dollars  for  one  year's  service,  excepting 
the  president,  who  shall  in  no  case  receive  more  than  eight 
dollars  for  one  year's  service. 

§  20.  To  regulate  the  police  of  the  town,  to  impose  Fines,  &.c. 
fines,  forfeitures  and  penalties  for  the  breach  of  any  ordi- 
nance, for  the  recovery  and  appropriation  of  such  fines  and 
forfeitures,  and  for  the  enforcement  of  such  penalties  :  Pro- 
vided, that  the  right  of  trial  by  jury  shall  in  no  case  be  de- 
nied to  any  person  charged  with  a  breach  of  any  of  the  pro- 
visions of  this  act  or  any  ordinance. 

§   21.      The  town  council  shall  have  power,  within  the  tmuird     uhws 
limits  of  tile  town,  by  ordinance,  to  prohibit  and  suppress 
billiard  tables  and  lotteiies. 

§  22.  The  town  council  shall  have  power  to  make  and 
enforce  all  ordinances  necessary  and  proper  for  carrying 
into  effect  all  of  the  powers  specified  in  this  act,  so  that 
such  ordinances,  are  not  repugnant  to  nor  inconsistent  with 
the  constitution  of  tiie  United  States  or  of  this  state. 

§   23.      The  style  of  the  ordinances  of  the  town  shall  be,  style. 
"^e  it  ordained  b?/  the  town  council  of  the  toion  of  Par  is. ^^ 

§   24.     All  ordinances  passed  by  the  town  council  shall.  Publication   ot 
within  one  m.onth  after  they  shall  have  been  passed,  to  [be  j  ordinances. 
published  in  seme  newspaper  ])ublished  in  the  towi;,  or  in 
some    other  way,  to  be   provided  by  ordinance,  in  case  no 
newspaper   is  published   in  the  town,  and    shall  not  be   in 
force  until  they  shall  have  been  published  as  aforesaid. 

§  25.  All  ordinances  of  the  town  may  be  proven  by  the 
seal  of  the  corporation,  and  when  printed  or  published  in 
book  or  pamphlet  form,  and  purporting  to  be  printed  or 
published  by  the  authority  of  the  corporation,  the  same 
shall  be  received  in  evidence  in  all  courts  and  places  with- 
out further  proof. 

ARTICLE  VI.— 0/  the  President. 

§    1.     The  president  shall  preside  at  all  meetings  of  the  power  of  prcsi- 
town  council,  and  shall  have  a  casting  vote  and  no   other,  ''"'''• 
and  in  case  of  his  non-attendance  at  any  meeting,  the  coun- 
cil shall  appoint   one  of  their  number  chairman,  who  shall 
preside  at  that  meeting. 

§   2.     The  president,  or  any  two  members  of  the  coun- special  meetings, 
cil,  may  call  special  meetings  of  the  town  council. 

§  3.  The  president  shall  be  active  and  vigilant  in  en- unties  of  presi- 
forcing  the  laws  and  ordinances  for  the  government  of  the 
town.  He  shall  inspect  the  conduct  of  all  the  subordinate 
officers  of  tile  town,  and  cause  negligence  and  positive  vi- 
olations of  duty  to  be  prosecuted  and  punished;  and  he  is 
liereby  authorized  to  call  on  any  male  inhabitant  of  said 
town,  over  the  age  of  twenty-one  years,  to  aid  in  enforcing 
the  laws  and  ordinances  thereof,  and  any  person  who  shall 


(knt. 


1853. 


204 


not  obey  such  call  sliall  forfeit  and  pay  to  said  town  a  fine 
not  exceeding  ten  dollars. 
Reqnirc  exhibit.  §  4.  He  sliall  liave  power,  whenever  he  may  deem  it 
necessary,  to  require  of  any  officer  of  said  town  an  exhibit 
of  his  books  and  papfers,  and  shall  have  power  to  do  all 
other  acts  required  of  him  by  any  ordinance  made  in  pursu- 
ance of  this  act. 

ARTICLE  \n.-Of  Proceedings  in  Special  Cases. 


Opening  or  alter- 
ing 8tri;cls  oi 
alleys. 


§  1.  Whenever  it  shall  be  necessary  to  take  private 
property  for  opening  or  altering  any  public  street  or  alley, 
the  corj)oration  shall  make  a  just  compensation  to  the  ow- 
ner of  such  property,  and  pay  or  tender  the  same  before 
opening  or  altering  such  street  or  alley  ;  and  in  case  tlie 
amount  of  sucli  compensation  cannot  be  agreed  upon,  (l:e 
police  justice  shall  cause  the  same  to  be  ascertained  by  a 
jury  of  six  disinterested  freeholders  of  the  town. 

§  2.  When  all  the  owners  of  property  on  a  street  or 
alley  proposed  to  be  opened  or  altered  shall  petition  there- 
for, the  town  council  shall  provide  for  the  opening  or  alter- 
ing tiie  same,  but  no  compensation  shall  be  allowed  to  such 
owners  for  their  property  so  taken. 

§  3.  All  jurors  empanelled  to  inquire  into  the  amount 
of  benefits  or  damages  which  shall  happen  to  the  owners 
of  property  proposed  to  be  taken  for  opening  or  altering 
any  street  or  alley,  shall  first  be  sworn  to  that  effect,  and 
shall  return  to  the  police  justice  their  inquest  in  writing, 
signed  by  each  juror:  Provided,  ahva^/s,  in  the  assessment 
of  such  damages  the  jury  shall  take  into  consideration  tiie 
benefits  as  well  as  injury  happening  to  the  owner  of  pro- 
perty proposed  to  be  taken  for  o])ening  or  altering  a  street 
or  alley  by  such  opening  or  altering. 

§  4.  The  police  justice  shall  have  ])ower,  for  good 
cause  siiown  within  ten  days  after  any  inquest  shall  have 
been  returned  to  him  as  aforesaid,  to  set  aside  the  same 
and  cause  a  new  inquest  to  be  made. 

§  5.  The  town  council  shall  have  power,  by  ordinance, 
to  levy  and  collect  a  special  tax  on  the  holders  of  lots  on 
any  street  or  alley,  or  any  part  of  any  street  or  alley,  ac- 
cerding  to  the  respective  fronts  owned  by  them,  for  the 
purpose  of  paving  or  grading  the  side-walks  of  said  street 
or  alley. 

ARTICLE   VIIL 


RoiKi  labiir.  §   1-     The  Inhabitants  of  the  town  of  Paris   are  hereby 

exemj)ted  from  working  on  any  road  beyond  the  limits  of 
the  town,  and  from  paying  any  tax  to  procure  laborers  to 
work  on  the  same. 


205  1853. 

§  2.  The  town  council  shall  have  power,  and  it  is  liereby  streets  ami  ai- 
made  t!ieir  duty,  when  it  maybe  necessary  for  the  purpose  '^"^' 
of  keeping  in  repair  the  streets  and  alleys  of  said  town,  to 
require  every  able-bodied  male  inhabitant  of  said  town,  over 
twenty-one  years  of  age  and  under  fifty,  to  labor  on  said 
streets  and  alloys  not  exceeding  three  days  in  each  year; 
and  any  person  failing  to  perform  such  labor  wlien  duly 
notified  by  the  supervisor  of  said  town,  shall  forfeit  and 
pay  the  sum  of  one  dollar  to  said  tov/n  for  each  and  every 
day  so  neglected  or  refused. 

§   3.      The  town   council  shall  have  power  to  provide  for  i.,„ii.i,nif,,,t     or 
the  punishment  of  otFenders  against  the  ordinances  of  said  '^ffe"''"'-^- 
town,  by  imprisonment  in  the  county  jail,  not  exceeding 
thirty  days   for   any   one  offence,   in  all  cases  where  such 
ofFtnder  s!iall  fail  or  refuse  to  pay  the  fines  and  forfeitures 
which  may  be  recovered  against  them. 

§  4.     The  town  council  shall  cause  to  be  published  an-pawish     state- 
nually  a  full  and  complete  statement  of  all  moneys  recei-  "^'^'^'" 
ved  and  expended  during  tiie  preceding  year,  and  on  what 
account  received  and  expended. 

§  5.     Ail  ordinances  and  resolutions  passed  by  the  pres- ordinances. 
ident  and  trustees  of  the  town  of  Paris  shall  remain  in  force 
until  the  same  shall  have  been  repealed  by  the  town  council 
hereby  created. 

§   6.     All  suits,  actions  and  prosecutions  instituted,  com-  suus,  actions  &c 
menced  or  brought  by  the  corporation  hereby  created,  shall 
be  instituted,  commenced  and  prosecuted  in  the  name  of 
the  town  of  Paris. 

§   7.     All  actions,  fines,  penalties  and  forfeitures  which  Fines,  &c. 
have  accrued  to  tiie  president  and  trustees  of  the  town  of 
Paris  shall  be  vested  in  and   prosecuted  by  the  corporation 
hereby  created. 

§   8.     All  property,  real  and  personal,  heretofore  belong-  property. 
ing  to  the  president  and  trustees  of  the  town  of  Paris,  for 
the  use  of  the  inhabitants  of  said  town,  shall  be   and  the 
same  are  hereby  declared  to  be  vested  in  the  corporation 
hereby  created. 

§   9.     This  charter  shall  not  invalidate  any  act  done  by  Acts  of  president, 
tile  president  and  trustees  of  the  town  of  Paris,  nor  divest  "^'^" 
them  of  any  rights  which  have  accrued  to  them  prior  to  the 
passage  of  this  act. 

§  10.  Tlie  president  and  trustees  of  the  town  of  Paris  Election  ot  or- 
shall,  immediately  after  the  passage  of  this  act,  take  ^"''• 
measures  to  promulgate  this  lav/  within  tlie  limits  of  the 
town  of  Paris,  and  issue  their  proclamation  for  the  election 
of  officers,  and  cause  the  same  to  be  published  in  all  tlie 
newspapers  of  said  town,  two  weeks  in  succession,  prior 
to  the  day  of  election  of  such  officers. 

§   11.     Appeals  shall  be  allowed  in  all  cases     arising  Appeas 
under  the  provisions  of  this  act,  or  of  any  ordinance  passed 


1S53. 


206 


in  pursuance  of  this  act,  to  the  circuit  court  of  Edgar 
county,  and  every  such  appeal  shall  be  taken  and  granted 
in  the  same  manner  and  with  like  effect  as  appeals  are 
taken  from  and  granted  by  justices  of  the  peace  to  the 
circuit  court  in  similar  cases   under  the  laws  of  this  state. 

§  12.  Whenever  the  police  justice  or  town  constable 
shall  remove  from  tlie  town,  resign,  or  die,  or  his  office 
shall  be  otherwise  vacated,  the  town  council  shall  imme- 
diately provide  for  filling  such  vacancy  by  an  election. 

§  13.  This  act  is  hereby  declared  a  public  act,  and 
may  be  read  in  evidence  in  all  courts  of  law  and  equity  in 
this  state  without  proof. 

§  14.  All  acts  or  part  of  acts  coming  within  the  pro- 
visions of  this  charter,  or  contrary  to  or  inconsistent  with 
its  provisions,  are  hereby  repealed.' 

§  15.  The  town  constable  or  any  other  officers  author- 
ized to  execute  writs  or  other  process  issued  by  the  po- 
lice justice,  shall  have  power  to  execute  the  same  any 
where  within  the  limits  of  Edgar  county,  and  shall  be  en- 
titled to  the  same  fees  as  other  constables  are  in  like  cases. 

§  16.  The  presideht  and  trustees  of  the  town  of  Paris 
'  '^'^'^' shall  cause  an  election  to  be  held  in  said  town  on  the  first 
Monday  of  March  next;  at  which  the  inhabitants  residing 
within  the  limits  of  said  town,  who  are  authorized  to  vote 
for  state  officers,  shall  vote  for  or  against  this  charter,  and 
if  the  majority  of  the  votes  given  at  such  election  shall  be 
in  favor  of  tiie  adoption  of  said  charter,  said  charter  shall 
immediately  take  etFect  as  a  law,  but  if  a  majority  of  the 
votes  shall  be  against  the  adoption  of  said  charter,  then  this 
act  to  be  of  no  effect. 

Approved  February  12,  1853. 


KxtTUtion 
writs. 


In    riiri:<»  Ffb. 
1S53. 


AN'  ACT  to  incorporate  the  Belleville  Water  Company, 


Section  1.  Be  it  enacted  hij  the  people  of  the  state  of 
Illinois^  representedin  the  General ^^ssembly,  That  George 

Ooi;>or»i..r«.  Brcsslcr,  Asbury  Harrison,  Russell  liinkley,  Frederick 
Von  Sclirader,  Win.  II.  Snyder,  Nathaniel  Niles,  Alexan- 
der Kayser,  L.  D.  Cabanu,  William  Davis,  Thomas  Heber- 
er,  W.  C.  Kinney,  Simon  Eimer,  John  W.  Pullian,  Ed- 
ward Tittman,  and  Samuel  13.  Chandler,  and  such  other 
])ersons  as  they  associate  with  thiun  for  that  purpose,  are 
liereby  made  and  constituted  a  body  corporate  and  politic, 

N<imi  ami  siyie.  by  tlie  uamc  and  style  of  "Tlie  Belleville  Water  Company," 
with  perpetual  succession,  and  by  tliat  name  and  style 
shall    l)e   capable   in  law  of  taking,   holding,   purchasing. 


207  1853. 

leasing,  selling  and  conveying  estate  and  property,  real, 
personal  and  mixed,  so  far  as  the  same  may  be  necessary 
for  the  purpose  hereinafter  mentioned,  and  in  their  corpo- Cxenerai  powers. 
rate  name  may  sue  and  be  sued,  to  have  a  common  seal, 
which  they  may  alter  or  renew  at  pleasure,  and  may  have 
and  exercise  all  powers,  rights,  privileges  and  immunities 
which  are  or  may  be  necessary  to  carry  into  effect  the  pur- 
poses or  objects  of  this  act,  as  the  same  herein  set  forth. 

§  2.  The  Belleville  Water  Company  shall  have  full  o^ms,  &c. 
power  and  authority  to  locate,  and  from  time  to  time  alter, 
change,  relocate,  construct,  reconstruct  and  fully  finish, 
perfect  and  maintain  all  such  works,  dams,  canals,  water 
reservoirs,  water  pipes,  wells,  pumps,  steam  engines,  aque- 
ducts, hydrants,  and  all  such  houses  and  buildings  neces- 
sary for  water-works,  to  supply  with  water  the  city  of 
Belleville  and  the  town  of  West  Belleville,  in  the  county  of 
St.  Clair,  and  state  of  Illinois,  and  for  that  purpose  the  said 
company  shall  have  full  power  and  authority  to  lay  out, 
designate  and  establish  their  said  works,  and  may  take  and 
appropriate  to  their  own  use  any  lands  necessary  for  said  Appropriate  land 
water  works,  not  exceeding  sixty  feet  in  width  along  the 
entire  line  from  the  water  reservoirs  to  and  through  any 
part  of  the  said  city  of  Belleville  and  said  town  of  West 
Belleville,  and  not  exceeding  six  hundred  acres  of  land 
for  the  purpose  of  water  reservoirs,  dams,  dikes  and  de- 
pots; said  company  taking  all  such  lands  by  gifts,  pur- 
chase or  condemnation,  and  making  satisfaction  for  the 
same  as  hereinafter  provided. 

§  3.  The  said  company,  and,  under  their  direction,  ^lieir^.^j.^^^  ^^^, 
agents,  servants  and  workmen,  are  hereby  authorized  and 
empowered  to  enter  into  and  upon  the  lands  and  grounds 
of  or  belonging  to  the  state,  or  to  any  person  or  persons, 
bodvipolitic  or  corporate,  and  survey  and  take  levels  of  the 
same,  or  any  part  tliereof,  and  to  set  out  and  ascertain  such 
parts  as  they  shall  think  necessary  and  proper  for  the  con- 
structing of  said  water  works,  and  for  all  purposes  con- 
nected with  said  water  works  for  which  said  corporation, 
by  the  last  preceding  section,  is  authorized,  to  have,  take 
and  appropriate  any  land,  and  to  fell  and  cut  down  all  tim- 
ber and  other  trees  standing  within  fifty  feet  of  the  line  of 
said  water  works;  the  damages  occasioned  by  the  felling 
of  such  trees,  unless  otherwise  settled,  to  be  assessed  and 
paid  for  in  the  manner  hereinafter  provided  for  assessing 
and  paying  damages  for  land  taken  for  the  use  of  said  water 
company,  the  said  company  doing  as  little  damage  as  pos- 
sible in  the  execution  of  said  power  hereby  granted,  and 
making  satisfaction  in  the  manner  hereinafter  mentioned, 
for  the  damages  to  be  sustained  by  the  owners  or  occupiers 
of  said  land. 


1853.  208 

Grants,  dona-  ^  4.  Tlie  Said  Company  sltall  have  power  to  take,  re- 
lions,  &c.  QQ[yQ  and  hold  all  such  voluntary  grants  and  donations  of 
land  and  real  estate  for  the  purposes  of  said  water  works 
as  may  or  sliall  be  made  to  said  company  to  aid  in  the  con- 
struction, maintenance  and  accommodation  of  said  water 
works  ;  and  said  company  may  contract  and  agree  with  the 
owners  or  occupiers  of  any  land  upon  which  said  company 
may  wish  to  construct  said  water  works,  or  which  said 
company  may  wish  to  use  for  the  purpose  of  procuring 
stone,  sand,  gravel  or  earth,  or  other  materials  to  be 
used  in  dams,  or  otherwise  in  or  about  the  construction, 
rejjairs  or  enjoyment  of  said  water  works,  or  which  said 
company  may  wish  to  use  or  occupy  in  any  manner  or  for 
any  purpose  or  purposes  connected  with  said  water  works, 
which  said  company  is  authorized  and  empowered  by  this 
act  to  have  or  appropriate  any  lands,  and  to  take  and  re- 
ceive grants  and  conveyances  of  any  and  all  interests  and 
estate  therein,  and  to  them  and  their  successors  or  assigns 
in  fee  or  otherwise  ;  and  in  case  said  company  cannot  agree 
with  such  owner  or  owners  or  occupiers  of  such  land  as 
aforesaid,  so  as  to  procure  the  same  by  the  voluntary  act 
and  deed  of  such  owners  or  occupiers  of  such  land  as 
aforesaid,  then  the  price  and  value  of  such  lands  may 
be  fixed,  estimated  and  recovered  in  the  manner  provided 
for  taking  lands  for  the  construction  of  public  roads,  ca- 
nals or  otiier  public  works,  as  prescribed  by  the  act  rela- 
ting to  "right  of  way,"  approved  March  3d,  1845.  But 
when  thejowner  or  occupiers,  or  either  of  them,  of  such  lands 

Lnnd- uf  iiiMn;,  shall  be  n  femtnc  cover  I,  infant,  nan  compos  me  tif  is,  un- 
known or  out  of  the  count}-  in  which  the  lands  or  property 
wanted  may  be  situated,  the  said  company  shall  pay  the 
amount  that  shall  be  awarded  as  due  to  the  last  mentioned 
owners  respectively,  whenever  the  same  shall  be  lawfully 
demanded  ;  that  to  ascertain  the  amount  to  be  paid  as  above 
to  said  owners  or  occupiers  for  land  and  materials  taken 
for  tiie  use  of  said  corporation,  it  shall  be  the  duty  of  the 
governor  of  the  state,  upon  notice  given  to  him  by  the  said 

Govcnioi  api)oint  corporation,  to  appoint  three  commissioners,  to  be  persons 

comini^.M..  rs.  ^^^j^  interested  in  the  matter  to  be  determined  by  them,  to 
determine  the  amount  of  damages  which  the  owners  or  oc- 
cupiers of  the  land  or  real  estate  so  entered  upon  by  the 
said  corj)oration  has  or  have  sustained  by  the  occupation  of 
the  same  :  and  it  shall  be  the  duty  of  the  commissioners,  or 

"meiir  '^"^'''^  majority  of  them,  to  deliver  to  said  corporation  a  written 
statement  of  the  award  or  awards  they  sliall  make,  with  a 
description  of  the  lands  or  real  estate  aj)praiscd,  to  be  re- 
corded by  said  corporation  in  the  circuit  clerk's  office  of 
St.  Clair  county,  and  then  the  said  corporation  sliall  be 
deemed  to  be  seized  and  entitled  to  the  fee  simple  of  all 
such  lands  and  real  estate,  and  shall  exercise  over  the  same 


209  1S53. 

all  rights,  privileges,  franchises  and  immunities  in  said  act 
contemplated  :  Provided^  tliat  notice  by  publication  in  some^wvisu. 
newspaper  in  St.  Clair  county  shall  first  be  given  for 
thirty  days  to  the  owners  or  occupiers,  or  unknown  own- 
ers, as  the  case  may  be,  of  the  intention  on  the  part  of  the 
said  corporation  to  apply  to  the  governor  for  the  appoint- 
ment of  commissioners  as  herein  provided:  Jind provided 
further^  that  any  appeal  which  may  be  allowed  under  the 
provisions  of  this  act  above  mentioned,  or  of  any  general 
law  of  this  state,  shall  not  effect  the  possession  by  said 
company  of  any  of  the  lands  appraised  or  taken  under 
this  act;  and  when  the  appeal  may  be  taken  or  a  writ  ofipptau. 
error  prosecuted  by  any  person  or  persons  other  than  the 
said  company,  the  same  shall  not  be  allowed,  except  on 
the  stipulation  of  the  party  so  appealing  or  prosecuting 
such  writ  of  error  that  the  said  company  may  enter  upon 
and  use  the  land  described  in  the  petition,  or  required  by 
said  company  for  the  use  and  purposes  of  said  water-works, 
upon  said  company  giving  bond  and  security,  to  be  approved 
by  the  clerk  of  the  circuit  court  of  St.  Clair  county,  that 
they  will  pay  to  the  party  appealing  or  prosecuting  such 
writ  of  error  all  costs  and  damages  that  may  be  awarded 
against  them  on  the  final  hearing  of  such  appeal  or  writ 
of  error,  within  thirty  days  after  the  rendition  of  the  same, 
or  forfeit  all  rights  to  use  the  lands  so  condemned, 

§  5.  The  capital  stock  of  said  company  shall  be  ten  ^, ^  j^^,  ^.^^^^ 
thousand  dollars,  which  may  be  increased  from  time  to 
time  by  a  vote  of  a  majority  in  interest  of  the  stockholders, 
at  their  annual  meeting,  or  any  special  meeting  which  may 
be  called  for  that  purpose  by  the  directors  of  said  com- 
pany, to  any  sum  not  exceeding  one  hundred  thousand 
dollars,  which  stock  shall  be  divided  into  shares  of  fifty  shares. 
dollars  each,  which  shall  be  deemed  personal  property,  and 
which  may  be  issued,  certified  and  registered,  and  trans- 
ferred in  such  manner  and  in  such  places  as  may  be  or- 
dered and  provided  by  the  board  of  directors,  who  shall 
have  power  to  require  the  payment  of  stock  subscribed  in  payment  of  etock 
the  manner,  and  at  the  time,  and  in  such  sums  as  they  may 
direct,  and  on  the  refusal  or  neglect  on  the  part  of  stock- 
holders, or  any  of  them,  to  make  payment  on  requisition 
of  the  board  of  directors,  the  shares  of  such  delinquent 
may,  after  thirty  days'  public  notice,  be  sold  at  auction, 
under  such  rules  as  the  directors  may  adopt,  the  surplus 
money,  if  any  remains  after  deducting  the  payment  due, 
with  the  interest  and  cost  of  sale,  to  be  paid  to  the  delin- 
quent stockholder.  The  board  of  directors  hereinafter 
named  and  appointed  shall  cause  books  to  be  opened  for 
subscription  to  the  capital  stock  of  said  company,  at  such 
time  and  places,  and  in  such  manner  as  they  shall  direct : 
Provided^  that  as  soon  as  five  thousand  dollars  of  6ona  Proviso. 
[  O] 


1853. 


210 


fide  subscription  sliall  be  made,  and  five  per  cent,  thereon 
paid  in,  it  shall  be  lawful  for  said  company  to  commence 
the  construction  of  said  water-works. 

Powers  vested.  ^16.  All  the  Corporate  powers  of  said  company  shall 
be  vested  in  and  exercised  by  a  board  of  directors,  to 
consist  of  not  less  than  seven  nor  more  than  seventeen  in 
number,    and    such   officers,   agents   and   servants  as  they 

Directors.  shall  appoint.     Tiie   first   board    of  directors  shall  consist 

of  George  Bressler,  Asbury  Harrison,  Russell  Hinkley, 
Frederick  Von  Schrader,  William  H.  Snyder,  Nathaniel 
Iviles,  Alexander  Kayser,  D.  L.  Cabanu,  William  Davis, 
Thomas  Heberer,  Simon  Eimer,  William  C.  Kinney,  John 
W.  Pullian,  Edward  Tittman,  Samuel  B.  Chandler,  who 
shall  hold  their  offices  until  their  successors  are  elected 
and  qualified.  Vacancies  of  the  board  may  be  filled  by 
vote  of  two-thirds  of  the  directors  remaining;  such  ap- 
pointees to  continue  in  office  until  tiie  next  regular  annual 
election  of  directors  is  held,  and  which  annual  election  of 
directors  shall  be  held  on  the  first  Monday  in  Januarj,  in 
each  year,  at  the  office  of  the  company,  thirty  days'  notice 
being  given  in  a  newspaper  published  in  Belleville. 

Votes.  §   7,     At  any  election  for  directors  each  share  of  stock  • 

shall  be  entitled  to  one  vote,  to  be  given  either  in  person 
or  by  proxy,  and  the  persons  receiving  the  largest  number 
of  voles  to  be  declared  duly  elected,  and  to  hold  their 
office  until  the  annual  election,  and  until  their  successors 
in  office  are  elected  and  qualified.  Ail  elections  to  be  con- 
ducted by  three  judges,  to  be  selected  by  the  stockholders 
present. 

jj^^p^  §   8.     The  office  of  said  company  shall  be  located  in  the 

city  of  Belleville,  and  the  directors  herein  named  are  re- 
quired to  organize  the  board  by  electing  one  of  their  num- 
ber president,  and  by  appointing  a  secretary  and  treasurer. 

Charges  for  wa-      §   9-     The  Said  company  shall  have  power  to  charge  for 

*'■'•  the  supply  of  water  to   families,   mills,  distilleries,  brew- 

eries, fire  companies,  or  to  any  person  or  persons,  and 
bodies  corporate,  applying  to  said  company  for  a  supply  of 
water,  such  sums  of  money  per  annum  as  shall  be  lawfully 
established  by  the  by-laws  of  said  company. 

nivMiiKiK.  6    10.     The   said    company   shall    annually  or   semi-an- 

nually make  such  dividends  as  they  may  deem  proper  of 
the  net  profits,  recei])ts  or  incomes  of  said  company  among 
the  stockholders  therein,  in  proper  proportion  to  their 
respective  shares. 

Biiieviii«    gub-      §   11.     The  said   company  may  accept  subscriptions  to 
KriiH.«to,k.      ^j^^jj,  g^^^j^  ^^.^^  ^j^g  ^.^^.   ^^  Belleville  and  town  of  West 

Belleville,  or  either  of  them,  to  any  amount  not  to  exceed 
three  thousand  dollars  each  ;  and  for  the  purpose  of  raising 
the  amount  so  to  be  by  them  subscribed,  the  said  city  of 
Belleville,  and   the  said  town  of  West  Belleville,  by  their 


211  1853. 

corporate  authorities,  are  hereby  authorized  and  empow- 
ered to  borrow  any  sum  not  exceeding  three  thousand  dol- 
lars each,  payable  at  such  times  and  places,  and  in  such 
sums,  and  witli  such  rate  of  interest,  as  may  be  agreed 
upon,  and  may  issue  their  bonds  therefor  under  their  re- 
spective seals. 

§  12.  If  any  person  sliall  do  or  cause  to  be  done,  or  rcniut;os. 
aid  in  doing  or  causing  to  be  done,  any  act  or  acts  what- 
ever, whereby  any  building  or  construction,  or  work  of 
said  company,  or  any  machine,  or  water  conveyance,  or 
any  matter  or  thing  appertaining  to  the  same,  shall  be 
stopped,  obstructed,  impaired,  or  weakened,  injured  or 
destroyed,  or  if  any  person  or  persons,  shall  throw,  con- 
duct or  convey,  or  cause  to  be  thrown,  conducted  or  con- 
veyed into  the  water  reservoirs,  dams  or  dykes  of  said 
company,  any  filth,  dirt,  mud,  still  slops,  offals,  or  any  other 
impurities,  the  person  or  persons  so  offending  shall  be 
deemed  guilty  of  a  misdemeanor,  and  may  be  punished, 
upon  conviction,  by  fine  in  any  sum  not  exceeding  five 
hundred  dollars,  or  by  imprisonment  not  exceeding  five 
years,  or  by  both,  at  the  discretion  of  the  court,  and  shall 
forfeit  and  pay  to  the  said  corporation  treble  the  amount 
of  damages  sustained  by  reason  of  such  offence  or  injury, 
to  be  recovered  in  tiie  name  of  said  company,  with  costs 
of  suit,  in  an  action  of  trespass  before  any  justice  of  this 
state,  or  before  any  court  having  jurisdiction  thereof. 

§  13.  Said  company  is  iiereby  authorized,  from  time  to  Bwrow  m  ney. 
time,  to  borrow  such  sum  or  sums  of  money  as  may  be 
necessary  for  completing,  finishing,  or  enlarging  their  said 
water- works,  and  to  issue  and  dispose  of  their  bonds  in 
denominations  not  less  than  four  hundred  dollars,  and  to 
mortgage  their  corporate  property  and  franchises,  or  con- 
vey the  same  by  deed  of  trust  to  secure  the  payment  of 
any  debt  contracted  by  said  company  for  the  purpose 
aforesaid,  and  the  directors  of  said  company  may  confer 
on  any  bondholder  of  any  bond  issued  for  money  borrowed 
as  aforesaid,  the  right  to  convert  the  principal  due  or 
owing  thereon  into  stock  of  said  company,  at  any  time  not 
exceeding  ten  years  from  the  date  of  the  bond,  under  such 
regulations  as  the  directors  of  said  company  may  see  fit  to 
adopt;  and  all  sales  of  bonds  for  less  than  their  par  value 
shall  be  good  and  valid  and  as  binding  upon  said  corpora- 
tion as  if  the  same   were  sold  for  the  full   amount  thereof. 

§    14.     The  said  company  hereby  chartered  shall  be  re-Timeorcomtrnc- 
quired  to  construct  and  operate  their  said  water-works,  ac- 
cording to  the  terms  of  tiiis  charter,  within  five  years  from 
the  passage  of  tliis  act,  which  shall  be  taken  and  received  as 
a  public  law  in  all  courts  and  places  whatever. 

Approved  February  3,   1853. 


1853.  212 

In  force  Feb.  10,  AN  ACT  to  incorporate  the  town  of  Marshall,  in  Clark  county. 

I8i.3. 

Section  1.     Be  it  enacted  hy  the  people  of  the  state  of 
I//mois,  represented  in  the  General  ^ssembfy^  That  the 

n.«i7    c^rporftte  jrihabitants  and  residents  in  tlic  town  of  Marshall,  in  Clark 

«u  p.mtis.  gQyjjty,  are  hereby  made  a  body  corporate  and  politic,  in 
law  and  in  fact,  by  the  name  and  style  of  the  "President 
and  Board  of  Trustees  of  the  Town  of  Marshall,"  and  by 
that  name  shall  have  perpetual  succession,  and  a  common 
seal,  which  they  may  alter  at  pleasure,  and  in  whom  the 
government  of  the  corporation  shall  be  vested,  and  by 
whom  its  affairs  shall  be  managed. 

BociKUry.  §  2.     The  boundary  of  said  corporation  shall  include 

the  original  town  plat  and  the  several  additions  of  the  town 
of  Marshall,  as  the  same  are  recorded  in  the  recorder's  of- 
fice in  tiie  county  of  Clark. 

recitor..  §    3.     That  there  shall,  on  the  first  Monday  of  May  next, 

be  elected  five  trustees,  and  on  every  first  Monday  of  May 
thereafter,  who  shall  hold  their  offices  for  one  year,  and 
until  their  successors  are  duly  elected  and  qualified  ;  and 
public  notice  of  the  time  and  place  of  holding  said  election 
shall  be  given  by  the  president  and  trustees  by  an  adver- 
tisement published  in  a  newspaper  in  said  town,  or  posting 
it  up  in  at  least  four  of  the  most  public  places  in  said  tow^n. 

i^^aiity  of  voters  No  pcrsou  shall  be  a  trustee  of  said  town  who  has  not  ar- 
rived at  the  age  of  twenty-one  years,  and  who  has  not  re- 
sided in  said  town  six  months  next  preceding  his  election, 
and  who  is  [not]  at  the  time  thereof  a  6072a  7^V/e  freeholder, 
and,  moreover,  who  has  not  paid  a  state  or  county  tax  ;  and 
all  white  free  male  inhabitants  over  the  age  of  twenty-one 
years  who  have  resided  in  said  town  three  months  next  pre- 
ceding an  election,  shall  be  entitled  to  vote  for  trustees  ; 
and  the  said  trustees  shall,  at  their  first  meeting,  proceed 
to  elect  one  of  their  body  trustee,  and  shall  have  power 
to  fill  all  vacancies  in  said  board  which  maybe  occasioned 
by  der.th  or  resignation :  Providc^f,  the  vacancy  shall  not 
exceed  three  months.  All  vacancies  which  shall  occur  for 
a  longer  ])eriod,  the  board  shall  give  ten  days'  notice  by 
posting  up  at  least  three  advertisements  in  said  town  for 
such  vacancy  to  be  filled,  in  tiie  same  manner  as  provided 
for  in  the  regular  elections,  and  to  appoint  a  clerk  and  an 
assessor,  a  treasurer,  a  street  supervisor  and  a  town  con- 
stable, to  give  bond  and  security  in  such  amount  as  the 
trustees  may  req\iire  ;  and  the  said  town  constable  shall 
take  an  oath  of  office  before  some  justice  of  the  peace  that 
he  will  faithfully  discharge  the  duties  of  said  office  ;  and  it 
.shall  be  his  duty  to  collect  all  fines  and  serve  all  process- 
es at  the  suit  of  the  corporation,  and  to  do  such  other  mat- 
ters and  things  pertaining  to  the  office  as  may  be  required 
of  him  by  the  ordinances  and  by-laws  of  said  corporation. 


213  1853. 

§   4.     The  said  corpor.ition  is  hereby  made  capable  inGcuraijHiw--; 
law  to  take  and  hold,  to  themselves  and  theii-  successors, 
any  lands,  tenements,  hereditaments,  have  power  to  sue 
and  be  sued,  to  plead  and  answer  and  be  answered,  in  an))- 
court  whatever. 

§  5.  The  trustees  aforesaid  and  their  successors,  or  a 
majority  of  them,  shall  have  full  power  and  authority  to  or- 
dain and  establish  such  rules  and  regulations  for  their  gov- 
ernment and  direction,  and  for  the  transaction  of  business 
and  concerns  of  the  corporation,  as  tliey  may  deem  expe- 
dient, and  to  ordain  and  establish  and  put  in  operation  by- 
laws, ordinances  and  regulations  as  shall  seem  necessary 
for  the  government  of  said  corporation,  and  for  the  man- 
agement, control,  disposition  and  application  of  its  corpo- 
rate property  ;  and  generally  to  do  and  execute  all  and 
singular  such  acts,  matters  and  things  which  to  them  may 
seem  necessary  to  do,  and  not  contrary  to  the  laws  and 
constitution  of  this  state. 

§  6.  The  said  trustees  shall  have  power  to  levy  and  Levy  ana  oou 
collect  a  tax  not  exceeding  one-half  of  one  per  cent,  on  all  **''• 
lots  and  improvements  and  personal  property  lying  and  be- 
ing within  the  incorporate  limits  of  said  town,  according  to 
valuation;  to  tax  public  shows  and  houses  of  public  enter- 
tainment, taverns,  stores  and  groceries,  for  tiie  purpose  of 
making  and  improving  the  streets  and  keeping  them  in  re- 
pair, and  for  the  purpose  of  erecting  such  buildings  and  '  ' 
other  works  of  public  utility  as  the  interest  and  conveni- 
ence of  the  inhabitants  of  said  town  may  require,  and  the 
circumstances  render  proper  and  expedient ;  and  said  trus- 
tees may  adopt  such  modes  and  means  for  the  assessment 
and  collection  of  such  taxes,  and  the  rents,  issues  and  prof- 
its thereof,  which  may  be  necessary  for  the  erection  of  anj' 
public  school  house  in  said  town,  market  houses  or  other 
public  buildings,  to  promote  the  interest  and  public  good  of 
the  citizens  of  said  town,  and  the  sanie  to  sell,  grant  and 
dispose  of  if  necessary.  They  shall  also  have  power  to 
regulate,  to  grade,  pave  and  improve  the  streets,  lanes  and  streets. 
alleys  within  the  limits  of  said  town  and  corporation,  and 
to  extend  or  open  and  v/iden  the  same,  making  the  persons 
injured  thereby  adequate  compensation,  to  ascertain  which 
the  board  shall  cause  to  be  summoned  six  good  and  care- 
ful men,  freeholders  and  inhabitants  of  said  town,  not  di- 
rectly interested,  who,  first  being  duly  sworn  for  tliat  pur- 
pose, shall  enquire  into  and  take  into  consideration  as  well 
the  benefits  as  the  injury  which  ixidy  accrue,  and  estimate 
and  assess  the  damages  which  would  be  sustained  by  rea- 
son of  the  opening,  extending  or  widening  of  any  street, 
avenue,  lane  or  alley,  and  shall,  moreover,  estimate  the 
amounts  which  other  persons  will  be  benefitted  thereby, 
and  shall  contrioute  towards  the  persons  injured ;  all  of 


1853.  214 

which  shall  be  returned  to  the  board  of  trustees  under  their 
hands  and  seals,  and  they  who  shall  be  benefitted  and  so 
assessed  shall  pny  the  same  in  sucii  manner  as  shall  be  pro- 
vided, and  the  residue,  if  any,  shall  be  paid  out  of  the  town 
treasury  ;  and  said  corporation  shall,  as  they  may  Irom  time 
to  time' fix  upon  and  determine,  and  to  prescribe  the  man- 
ner of  selling  property  when  the  tax  levied  on  it  is  not  paid  : 
Provided,  no  sale  of  town  lots  or  other  real  estate  shall  be 
made  until  public  notice  of  the  time  and  place  shall  be  giv- 
en by  advertisement  in  the  newspaper,  or  at  four  of  the 
most  public  places  in  said  town,  at  least  fifteen  days  pre- 
vious tliereto  :  Provided,  that  in  conducting  such  sale,  the 
provisions  of  the  laws  concerning  public  revenue,  so  far  as 
the  same  may  be  applicable,  shall  be  complied  with. 
rresorvegoodor-  §  '^ ■  That  the  trustccs  of  said  town,  or  a  majority  of 
•i'^r-  them,  shall  have  power  to  preserve  good  order  and  harmo- 

ny in  said  town,  to  punish  for  open  indecency,  breaches  of 
the  peace,  gambling,  gaming  houses,  horse  racing,  shoot- 
ing, and  all  disoiderly  houses  and  riotous  meetings,  to  re- 
move obstructions  in  the  streets  and  public  ways,  and  all 
nuisances;  for  which  purpose  they  may  make  such  by-laws 
and  ordinances  as  they  may  deem  expedient  and  not  in- 
consistent with  any  public  law  of  this  state,  and  impose 
fines  for  the  breach  thereof,  which  fines  shall  be  recover- 
able before  any  justice  of  the  peace  residing  in  said  town. 
All  suits  and  judicial  proceedings  under  this  act  shall  be 
brought  in  the  name  and  style  of  the  president  and  trustees 
of  the  town  of  Marshall. 
Puiy  of  Justice  §  ^-  -^^  shall  be  the  duty  of  any  justice  of  the  peace  re- 
"f  the  peace,  siding  in  said  town,  and  he  is  hereby  authorized  and  em- 
powered, upon  the  violation  of  any  law  or  ordinance  of 
said  corporation,  to  issue  his  M^arrant,  directed  to  the  town 
constable  or  any  authorized  county  officer,  to  apprehend 
the  offender  or  offenders,  and  bring  him  or  them  forthwith 
before  him  ;  and  after  hearing  the  evidence,  if  it  shall  ap- 
pear that  the  said  accused  has  been  guilty  of  violation  of 
any  such  laws  or  ordinances  of  said  corporation,  to  impose 
such  fines  or  imprisonment  as  shall  be  pointed  out  in  such 
laws  or  ordinances  :  Provided,  such  fine  shall  not  exceed 
five  dollars  and  imprisonment  shall  not  exceed  twenty-four 
hours  :  Proi-ided,  however,  that  writs  o^  certiorari  and  ap- 
peals shall  be  granted  from  judgments  under  this  act  as  in 
other  civil  cases,  and  in  all  criminal  cases  the  defendant 
shall  be  entitled  to  an  appeal  to  the  county  or  circuit  court 
by  entering  into  bond  or  recognizance,  as  the  case  may 
require,  before  the  justice  of  the  peace,  within  twenty  days 
after  the  rendition  of  the  judgment,  with  such  security  and 
in  such  an  amount  as  tiie  justice  shall  think  right  and  })ro- 
})er  5  and  all  fines  imposed  for  a  breach  of  the  peace  or  vio- 


215  1853. 

lation  of  the   corporation    ordinances,  shall  be  paid  into 
the  treasury  of  said  corporation. 

§  9.  Tiiat  when  any  town  lots  or  real  estate  shall  be  saie  for  uixcs. 
sold  for  taxes  by  virtue  of  this  act,  the  same  may  be  re- 
deemed at  any  time  within  two  years  IVom  the  date  of  such 
sale  by  the  owner  of  such  property,  or  his  or  her  agent,  ex- 
ecutor or  administrator  paying  to  the  treasurer  of  said  town 
for  the  use  of  the  purci)aser,  at  a  rate  of  ten  per  cent,  per 
annum,  together  with  tlie  cost  accruing  thereon. 

§  10.  That  upon  the  application  of  the  owners  of  aspedaitax. 
majority  of  the  front  lots  on  any  street,  it  shall  be  lawful 
for  the  board  of  trustees  to  levy  and  collect  a  special  tax 
on  the  owners  of  the  lots  on  said  street  or  parts  of  street 
according  to  their  respective  fronts,  not  exceeding  one  per 
cent.,  for  the  purpose  of  grading  and  paving  the  said  side 
walks  on  said  street. 

§    11.     That  all  ordinances  of  said  trustees  shall  be  fairly  oijimin-.-. 
written  out,  signed  by  tiie  clerk  and  published  in  a  news- 
paper printed  in  the  town,  or  posted  up  at  three  of  the  most 
public  places  in  said   town;  and  no  ordinance  shall  be  in 
force  until  published  as  aforesaid  at  least  ten  days. 

§   12.     The  justice  of  peace  and  constable  who  are  re- cowpeiisation. 
quired  to  render  service  under  this  act  s'lall  be  entitled  to 
the  same  fees   and  collect  them  in  the  same  manner  as  now 
is  or  may  hereafter  be  provided  by  law. 

§  13.  That  the  president  or  any  two  of  the  trustees  caiiinoc!h>j;^. 
shall  iiave  power  to  call  a  meeting  of  the  board  by  giving 
one  day's  notice  thereof,  and  a  majority  shall  constitute  a 
quorum  to  do  business,  but  a  minority  shall  have  power 
to  adjourn  from  time  to  time,  to  compel  the  attendance  of 
absent  members  ;  and  in  the  event  that  the  notice  of  an 
election  is  not  given  as  required  by  this  act,  or  from  any 
other  cause,  that  an  annual  election  shall  not  be  holden  at  the 
proper  time,  it  shall  be  lawfid  for  the  late  clerk  of  tlie  board, 
or  any  two  qualified  voters  in  said  town,  or  at  any  time  tiiere- 
after,  to  give  notice  as  aforesaid  of  the  time  and  place  of 
holding  a  special  election,  and  the  trustees  elected  at  such 
special  election  shall  have  all  the  powers  conferred  by 
this  act. 

§   14.     The  qualified  voters  within  the  corporation  shall  vote  upon  mo 
vote  on  the  first  JVIonday  of  April  next  for  or   against  be-  i'""  "•'■ 
coming  incorporated  under  this  act.       If  a  majority  of  all 
the  votes  cast  at  said  election  are  in  favor  of  being  incor- 
porated, then  this  act  to  be  in  full  force  ;  otherwise  to  be 
null  and  void. 

Approved  February  10,  1853. 


1853.  216 

!••  force  Fci..  15.  AN  ACT  to  incorporate  the  viUa^je  of  Lockport,  in  Will  county. 

'  1863. 

Section   1.      Be  it  enacted  by  the  people  of  the  state 

uf  Illinois^    represented  in  the    General  ^dssemhlij,    'i'hat 

the   inhabitants  and  residents  in  the   village  of  Lockport, 

Body    corporate  Will  countv,  are  herebv  constituted  a  body  corporate  and 

an<l  politic.  ...        .      ,  1-^.1        ji  J      i    1         r   £<:  til 

politic,  m  law  and  in  fact,  by  the  name  and  style  ol  "  ine 
President  and  Trustees  ofthe  Village  of  Lockport,"  and  by 
that  name  shall  have  perpetual  succession  and  a  common 
seal,  which  they  may  alter  at  pleasure,  and  by  such  name 
and  style  shall  be  forever  capable  in  law  and  equity  to  sue 
and  be  sued,  defend  and  be  defended,  in  all  manner  of  suits 
and  actions,  and  in  whom  the  government  of  the  corpora- 
tion shall  be  vested,  and  by  whom  its  affairs  shall  be  man- 
aged, and  who  are  hereby  made  capable  in  law  to  take  and 
hold,  to  themselves  and  their  successors,  any  lands,  tene- 
ments or  hereditaments,  and  to  control  or  dispose  of  the 
same. 

Kipctions.  §  2.     That  on  the  second  Tuesday  of  March  next,  and 

annually  on  the  same  day  thereafter,  there  shall  be  elected 
five  trustees,  who  shall  hold  their  offices  for  one  year,  and 

Notice  of  election  until  their  successors  are  elected  and  qualified.  Ten  days' 
public  notice  shall  be  given  of  the  time  and  place  of  the 
election ;  the  first  notice  of  election  to  be  given  by  the  town 
clerk  of  the  town,  or  by  three  qualified  voters  in  the  vil- 
lage, and  thereafter  by  the  board  of  trustees  whose  office 
is  about  expiring.  John  F.  Daggett,  John  W.  Paddock, 
Robert  Wright,  Joel  M.  Park  and  David  C.  Baldwin,  or 
any  three  of  them,  shall  prescribe  the  manner  in  which  the 
election  or  elections  for  the  organization  under  this  charter 
shall  be  conducted,  and  the  said  board  shall  prescribe  the 
manner  in   wliich  all  subsequent  elections   shall   be    con- 

Tr.mteo'.  ductcd.     No  pcrsou  shall  be  a  trustee  of  said  village  who 

is  not  twenty-one  years  of  age.  He  shall  also  be  a  resi- 
dent of  said  village  at  the  time  of  election,  and  for  one  year 
just  previous  have  paid  a  state  or  county  tax,  and  be,  at 
the  time  of  election,  a  io»«/^e  freeholder  within  the  limits 
of  the  corporation.  All  citizens  within  the  limits  of  the 
corporation,  wlio  are  qualified  to  vote  at  any  presidential 
or    state  election,  shall  be    entitled  to   vote   for  trustees. 

Kicctions.  The   regulations  governing  common  elections   shall  be  ob- 

served in  elections  for  trustees,  record  ofthe  same  being 
kept  upon  the  record  book  of  the  corporation.  The  said 
board  of  trustees,  within  ten  days  after  their  election,  shall 
meet  and  qualify  before  some  justice  ofthe  peace,  and  shall 
then  appoint  one  of  their  number  president.  They  shall 
also  a|)j)oint  from  their  number  a  treasurer  and  a  clerk; 
they  shall,  in  addition,  appoint  a  village  constable  and  a 
street  supervisor.  The  constable  shall  be  the  collector  of 
corporation  taxes,  and  shall  collect  all  fines  and  dues  and 


217  1853. 

and  serve  all  processes  at  the  suit  of  the  corporation,  and 
shall  arrest  on  view  all  violators  of  the  peace,  and  take  them 
forthwith  before  a  justice  of  the  peace  for  trial,  and  to  such 
other  matters  and  things  pertaining  to  liis  office  as  may  be 
required  of  him  by  the  ordinances  and  by-laws  of  the  cor- 
poration. He  shall  take  an  oath  of  office,  before  some  jus-  Oath. 
tice  of  the  peace,  that  he  will  faithfully  discharge  the  duties 
of  his  office.  The  trustees,  in  case  of  riot  or  in  case  of 
absence  of  the  corporation  constable,  may  appoint  a  special 
constable  or  constables,  whose  duties  for  the  time  being 
shall  be  the  same  as  herein  specified  for  corporation  con- 
stable. The  collector  and  treasurer  shall  give  bonds,  with  collector  and 
good  and  and  sufficient  security,  to  be  fixed  by  the  board,  ""'^«^"''"- 
for  the  proper  performance  of  their  respective  duties,  and 
for  the  collecting,  holding  and  paying,  according  to  ordi- 
nances, all  money  that  may  come  into  their  hands  belonging 
to  the  corporation.  They  shall  be  appointed  for  one  year  and 
until  others  have  been  appointed  and  given  bonds;  they  may, 
however,  be  removed  for  a  sufficient  cause  at  anytime,  and 
others  appointed  in  their  places.  The  street  supervisors, 
under  the  direction  of  the  trustees,  shall  have  the  immedi- 
ate supervision  of  the  streets  and  the  superintendence  ofstreets. 
street  labor,  and  may  order  the  clearing  of  the  streets,  pub- 
lic grounds  and  side-walks  from  all  obstructions,  and  re- 
move the  same  if  necessary  at  the  expense,  if  any,  of  the 
person  occasioning  the  obstruction.  The  board  of  trustees 
shall  receive  no  compensation  or  salary  for  their  services 
as  trustees  or  president  for  the  first  year,  and  never  after- 
wards unless  directed  by  a  majority  of  the  voters  at  a  gen- 
eral election.  The  treasurer,  clerk,  constable  and  super- 
visor shall  receive  for  tlieir  services,  respectively,  such 
compensation  as  the  board  of  trustees  shall  direct. 

§   3.     That  the  boundaries  of  said  incorporation  shall  in- Boundaries, 
elude  the  village  of  Lockport  proper,  as  laid  out  and  record- 
ed by  the  commissioners  of  the  Illinois  and  Michigan  Canal. 

§  4.  The  trustees  aforesaid  and  their  successors,  or  a  Powers. 
majority  of  them,  shall  have  full  power  and  authority  to  or- 
dain and  establish  such  rules  and  regulations  for  their 
government  and  direction,  and  for  the  transaction  of  the 
business  of  the  concerns  of  the  corporation  as  they  may 
deem  expedient,  and  to  ordain  and  establish  and  put  in  ex- 
ecution such  by-laws,  ordinances  and  regulations  as  to 
them  shall  seem  necessary  for  the  government  of  said  cor- 
poration, and  for  the  management  and  control,  disposition 
and  application  of  its  corporate  funds  and  property.  The 
said  board  of  trustees  shall  have  supervision,  control  and 
authority  over  all  public  landings  and  public  grounds,  all 
streets  and  alleys  within  the  corporation,  and  power  to 
alter,  narrow  or  widen  said  streets  or  alleys  which,  in  their 
judgment,  the   public  interest  may  require   or  permit,  and 


1853.  218 

generally  to  (\o  and  execute,  all  and  singular,  acts,  matters 
and  tilings  which  to  them  may  seem  necessary  to  do,  and 
not  contrary  to  the  laws  and  constitution  of  this  state. 

B,.ar.i,.f  health.  §  5.  That  the  board  of  trustees  shall  Constitute  a  board 
of  health,  and  may  make  all  necessary  ordinances  and  reg- 
ulations for  the  preservation  of  the  healtli  of  the  town,  and 
may  also  provide  such  means  as  tliey  may  deem  necessary 
to  protect  tlie  town  from  injuries  by  fire.  They  shall  iiave 
power  to  declare  what  shall  be  a  nuisance  within  the  limits 
of  the  corporation,  and  may  provide  for  the  abatement  or 
removal  tiiereof.  They  shall  have  power  to  preserve  good 
order  and  harmony  in  said  village,  to  punish  for  open  in- 
decency, breaches  of  the  peace,  gambling,  gaming  houses, 
horse  racing,  shooting  and  all  disorderl}  houses,  and  riotous 
or  disorderly  meetings,  to  remove  obstructions  from  the 
streets,  side-walks  and  public  ways  or  grounds;  for  which 

iiy-iaws  .iiid  or- piij-pose  they  may  make  such  by-laws  and  ordinances  as  to 
them  may  seem  expedient  and  not  inconsistent  with  any 
public  law  of  this  state,  and  may  impose  fines  and  penal- 
ties for  the  breach  thereof,  whicli  fines  shall  be  recovera- 
ble before  any  justice  of  the  peace  residing  within  said 
town;  which  said  justices  are  hereby  authorized  and  re- 
quired, upon  the  violation  of  any  ordinance  of  the  corpor- 
ation, to  issue  a  warrant  to  apprehend  the  offender  or 
offenders  and  bring  them  forthwith  before  him,  and,  after 
hearing  the  evidence,  if  it  shall  appear  that  the  said  ac- 
cused lias  been  guilty  of  a  violation  of  any  such  law  or  or- 
dinance of  the  corporation,  to  impose  such  fines  or  impris- 
onment as  shall  be  ])rovided  in  such  laws  or  ordinances: 
Provided,  that  such  fine  shall  not  exceed  ten  dollars,  and 
that  such  imprisonment  shall  not  exceed  forty-eight  hours 
for  any  one  offence.  All  moneys  for  fines,  forfeitures  or 
penalties  for  breaches  of  the  peace  and  violation  of  the  or- 
dinances of  the  corporation  shall  be  paid  into  the  treasury 
of  the  corporation,  and  for  an  omission  of  any  officer  so  to 
do  sucli  olficer  may  be  proceeded  against  by  the  president 
and  trustees  in  an  action  of  debt  for  the  same. 

K..OP  stroots   in      §   ^-     Tliat  it  sliall  be  the  duty  of  the  Said  board  of  trus- 

roT'uir.  fecs  to  causc  all  the  streets  and  public  highways  within  the 

limits  of  the  said  corporation  needed  for  public  conveni- 
ence to  be  kept  in  good   repair,  and   to  this  end  they  are 

i,ai>oiun  strecti.  authorized  to  refjuire  every  able-bodied  male  resident 
within  the  corporation  limits,  who  is  over  twenty-one  years 
of  age  and  not  over  fifty-five,  to  labor  in  said  streets  or 
public  roads  not  less  than  one  nor  over  three  days  in  each 
and  every  year,  as  a  poll  tax,  and  any  person  failing  to  per- 
form said  labor,  either  by  iiimself  or  an  able-bodied  sub- 
stitute, when  duly  notified  by  the  street  supervisor,  shall 

Cvmpcu.'.ation.  forfeit  and  pay  the  sum  of  one  dollar  and  twenty-live  cents 
per  day  for  each  day  so  neglected  or  refused,  or  they  may 


219  1853. 

commute  for  the  same  by  paying  to  the  trustees  through 
the  street  supervisors  the  sum  of  one  dollar  each  day 
assessed.  The  said  trustees  may  also  assess  a  road  tax 
upon  all  taxable  property  within  the  corporation  limits,  in 
the  same  manner  and  to  the  same  amount  as  is  now  pro- 
vided to  be  done  by  the  commissioners  of  highwa^s;  and 
for  the  collection  of  all  road  taxes,  commutation  money 
and  penalties,  the  trustees  are  authorized  to  adopt  the 
same  measures  as  are  now  provided  by  law  for  commis- 
sioners of  highways.  The  said  trustees  shall  have  power  to 
regulate,  to  grade  and  improve  the  streets  and  public 
grounds  within  the  limits  of  the  corporation,  and  order  the 
proper  appropriations  of  the  road  labor  and  road  tax  for 
that  purpose,  and  may  appropriate  from  the  general  fund, 
money  not  otherwise  appropriated,  such  amounts  as  they 
may  deem  proper  to  carry  out  the  above  provisions.  They  Grant  right  of 
may  also,  on  petition,  grant  the  right  of  way  on  or  over  ^^^' 
any  of  the  streets  or  public  grounds  of  the  corporation  to 
any  railroad  company  asking  to  locate  and  build  a  road 
through  the  corporate  limits,  and  make  all  needful  arrange- 
ments with  the  same  for  the  location  of  depots  or  stations. 
The  said  trustees  may  also  order  the  construction  of  side- 
walks upon  any  street  or  part  of  a  street  within  the  limits 
of  the  corporation  :  Provided,  that  the  owners  of  lots,  or 
parts  of  lots,  in  front  of  which  any  such  side-walk  is 
ordered,  shall  build  the  same  at  their  own  expense,  and 
such  side-walk  so  ordered  by  the  trustees  shall  be  built 
according  to  specifications  by  them  established,  within  a 
time  specified  by  said  trustees,  or  in  case  of  failure  or  re- 
fusal so  to  do,  the  trustees  shall  build  the  same  and  assess 
the  property  in  front  of  which  it  is  built,  for  the  amount 
of  the  cost  of  construction. 

§  7.  That  the  said  trustees  shall  have  power  to  levy  Levy  and  collect 
and  collect  a  tax  in  any  one  year,  not  to  exceed  one-half  ''''^' 
of  one  per  cent,  on  all  lots,  improvements  and  personal 
property  lying  and  being  within  the  incorporate  limits  of 
said  village,  according  to  valuation,  to  tax  public  shows 
and  entertainments,  to  collect  rents  for  any  property,  land 
and  dues  of  every  kind  belonging  to  the  corporation,  which 
taxes,  rents,  issues  and  funds  arising  from  fines,  penalties 
and  forfeitures  shall  constitute  a  general  fund,  which  may 
be  appropriated  by  the  board  of  trustees  for  the  purpose 
of  making  such  improvements  and  doing  such  acts  of  pub- 
lic utility  as  the  interest  and  convenience  of  the  inhabi- 
tants of  said  village  may  require,  and  circumstances  ren- 
der proper  and  expedient ;  and  the  said  trustees  may  adopt 
such  mode  and  means  for  the  assessment  and  collection  of 
such  taxes,  rents,  issues  and  profits,  and  to  prescribe  the 
manner  of  selling  property  when  the  tax  levied  is  not  paid 
according  to    requirement:    Provided,   that  in  conduct- 


1853. 


220 


Make  statement 


Borrow  money 


ing  such  sale  the  provisions  of  the  act  concerning  public 
revenue,  so  far  as  the  same  may  be  applicable,  shall  be 
complied  with;  and  provided  also,  that  wlien  any  town  lot 
or  real  estate  shall  be  sold  for  taxes  or  assessments,  by 
virtue  of  this  act,  the  same  may  be  redeemed  at  any  time 
within  two  years  from  the  date  of  such  sale  by  the  owner 
of  said  property,  or  his  agent,  executor,  administrator  or 
assignee  paying  to  the  treasurer  of  the  corporation,  for  the 
use  of  the  purcliaser,  the  amount  of  the  tax  for  which  it 
was  sold,  together  with  the  cost  accruing  thereon,  with 
interest  on  both  taxes  and  cost,  at  the  rate  often  percent, 
per  annum.  The  said  trustees  are  also  empowered  to  levy 
and  collect  taxes  for  an}^  and  all  corporate  purposes,  to 
any  amount  which,  at  any  regular  election  of  trustees,  or 
at  any  special  election  called  for  that  purpose,  shall  be 
voted  by  a  majority  of  the  voters  voting  at  such  elections, 
due  notice  being  given  that  a  vote  is  to  be  taken  upon  th^ 
raising  of  money  at  such  election. 

^  8.  That  the  board  of  trustees,  by  their  clerk,  shall 
keep  a  record  of  all  their  acts  and  doings,  which  siiall  be 
open  to  the  inspection  of  the  citizens  of  the  corporation 
at  all  reasonable  hours;  they  shall  also  make  out  a  written 
statement  of  the  affairs  of  the  corporation,  at  least  ten 
days  previous  to  the  annual  election  of  trustees,  which 
shall  be  posted  up  at  their  place  of  doing  business,  or  pub- 
lished in  a  village  newspaper,  and  shall  be  read  on  the  day 
of  election  to  the  assembled  voters. 

§  9.  That  the  said  trustees  shall  have  no  power  to  bor- 
row money,  or  issue  any  evidences  of  indebtedness,  at  any 
time,  for  an  amount  above  what  is  already  provided  for  by 
taxes  levied,  or  other  certain  sources  of  revenue,  unless 
specially  authorized  so  to  do  by  a  vote  of  a  majority  of  the 
legal  voters  of  the  corporation. 

§  10.  That  all  ordinances  passed  by  said  trustees  shall 
be  fairly  written  out,  signed  by  the  clerk,  and  published 
either  in  a  village  newspaper  or  by  posting,  and  no  ordi- 
nance shall  be  in  force  until  so  signed  and  published  or 
posted. 

§  11.  That  the  president  or  any  two  of  the  trustees 
shall  have  power  to  call  meetings  of  the  board  by  giv- 
ing one  day's  notice  thereof,  and  a  majority  shall  consti- 
tute a  quorum  to  do  business,  but  a  minority  shall  have 
power  to  adjourn  from  time  to  time.  In  the  event  that  the 
notice  of  an  election  is  not  given  as  requiied  by  this  act, 
or  from  any  other  cause  an  annual  election  shall  not  be 
holden  at  the  proper  time,  it  shall  be  lawful  lor  the  late  clerk 
of  the  board,  or  any  two  qualified  voters  in  said  village,  at 
any  time  thereafter,  to  give  notice  as  aforesaid  of  the  time 
and  place  of  holding  a  special  election,  and   the   trustees 


221  1853. 

elected  at  such  special  election  shall  have  all  the  powers 
conferred  by  this  act. 

§   12.     That  the  justices  of  the   peace  and  constables  Justices  of  the 
who  are  required   to  render  services   under  this  act  shall  BTabiesr**  *^'"" 
be  entitled  to  the  same  fees,  and  collect  them  in  tiie  same 
manner,  as  now  is  or  may  hereafter  be  provided  by  law. 

§  13.  That  the  qualified  voters  within  the  corporation  vote  ou  incorpo- 
limits  as  described  in  section  three  of  this  act  shall  vote  at  ''''"°"- 
the  first  election  ordered  for  electing  trustees,  for  or  against 
becoming  incorporated  under  this  act.  If  a  majority  of  all 
the  votes  cast  at  said  election  are  in  favor  of  being  incor- 
porated, then  this  act  to  be  in  full  force,  and  in  case  a  ma- 
jority of  votes  given  are  not  in  favor  of  being  incorporated 
after  the  expiration  of  three  months  from  the  day  of  such 
election,  upon  the  written  application  of  twenty  legal  voters 
of  said  village  another  election  shall  be  held  in  the  same 
manner,  and  if  at  said  second  election  a  majority  of  votes 
given  shall  be  in  favor  of  being  incorporated,  this  act  shall 
be  in  force,  but  if  at  this  election  a  majority  are  not  in 
favor  of  being  incorporated,  also  in  the  same  manner  a 
third  election  may  be  held,  and  if  at  this  third  election  the 
majority  of  votes  shall  be  in  favor  of  being  incorporated 
under  this  act,  then  this  act  shall  be  in  full  force,  other- 
wise be  null  and  void  ;  and  after  having  been  incorporated 
under  this  act,  at  any  subsequent  regular  election  for  trus- 
tees two-thirds  of  the  qualified  voters  of  the  corporation 
shall  have  power  to  dissolve  the  same  by  voting  against 
the  corporation. 

§    14.     The  trustees   shall   have  power  to  make  appro- Appropiiatiom. 
priations  out  of  the  general  fund  to  assist  in  building  side- 
walks, upon   the   written   application  of  a  majority  of  the 
citizens  who  voted  at  the  last  general  election  previous  to 
such  application. 

§  15.  The  trustees  shall  have  power  to  buy  or  sell  any  Real  estate. 
real  estate  for  the  corporation,  and  build  any  public  build- 
ings on  the  corporate  grounds,  but  shall  exercise  such 
power  only  when  authorized  to  do  so  by  a  majority  of  votes 
cast  at  a  special  charter  election,  called  and  conducted  in 
the  common  form  for  that  purpose,  and  specially  set  forth 
in  the  notice  therefor  that  such  is  the  purpose  lor  which  the 
said  election  is  to  be  held. 

§  16.  Any  failure  to  hold  the  first  election  under  this 
act  at  the  specified  time  shall  not  work  a  forfeiture  there- 
of, but  the  said  election  may  be  held  at  any  day  thereafter, 
by  giving  the  proper  notice. 

Approved  Feb.  12,  1853. 


1853.  222 

m  forre  Feb.  10,  AN  ACT  to  charter  the  City  of  Knoxville. 

1863. 

ARTICLE  Ym^T.—OfBunndariesand  General  Powers. 

Section   1.     Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the    General  Jissemhly,  That  the 

«;^^,fp^,';^[^_°'^^''' inhabitants  of  the  town  of  Knoxville,  and  all  that  district 
of  country  hereinafter  described,  in  the  county  of  Knox  and 
state  of  Illinois,  be  and  they  are  hereby  constituted  a  body 
politic  and  corporate,  by  the  name  and  style  of  the  "City 
of  Knoxville,"  and  by  that  name  shall  have  perpetual  suc- 
cession, and  may  have  and  use  a  common  seal,  which  they 
may  change  and  alter  at  pleasure. 

Boundaries  §   ^*     ^^  '^^'^^  district  of  couutry  embraced  within  the 

following  boundaries,  to  wit,  beginning  at  the  northeast 
corner  of  section  number  twenty-eight,  thence  running 
west  along  the  north  lines  of  said  section  twenty-eight  snd 
section  twenty-nine,  to  the  northwest  corner  of  the  north- 
east quarter  of  said  section  twenty-nine  ;  thence  running 
south  to  the  southwest  corner  of  the  northeast  quarter  of 
section  number  thirty-two ;  thence  running  east  to  the 
southeast  corner  of  the  northeast  quarter  of  section  num- 
ber thirty-tiiree  ;  thence  running  north  to  the  place  of  be- 
ginning, including  all  of  said  section  twenty-eight,  the  east 
half  of  section  twenty-nine,  the  northeast  quarter  of  sec- 
tion thirty-two,  and  the  north  half  of  section  number  thirty- 
three,  all  in  township  number  eleven  north,  of  range  two, 
east  of  the  fourth  principal  meridian,  is  hereby  declared  to 
be  within  tlie  boundaries  of  said  city  of  Knoxville. 

waixN.  §   3.     The  present  board  of  trustees  of  the  town  of  Knox- 

ville shall,  on  or  before  the  first  day  of  April  next,  divide 
the  said  city  of  Knoxville  into  four  wards,  as  nearly  equal 
in  population  as  practicable,  particularly  describing  the 
boundaries  of  each. 

Annexec'.  §   4.     Whenever  any  tract  of  land  adjoining  the  city  of 

Knoxville  shall  be  laid  off  into  town  lots,  the  same  shall  be 
recorded  as  now  recpiired  by  law,  and  shall  be  annexed  to 
and  form  a  part  of  said  city  of  Knoxville. 

<ieuera!  powers.  §  5.  Tlie  inhabitants  of  said  city,  by  the  name  and  style 
aforesaid,  shall  have  power  to  sue  and  be  sued,  to  plead  and 
be  impleaded,  defend  and  be  defended,  in  all  courts  of  law 
or  equity,  and  in  all  actions  wliatever  ;  to  purchase,  re- 
ceive and  hold  property,  real  and  personal,  in  said  city,  to 
purchase,  receive  and  hold  pro})erty,  both  real  and  per- 
sonal, beyond  the  city,  for  burial  grounds  or  for  other  pub- 
lic purposes  for  the  use  of  the  inhabitants  of  said  city;  to 
sell,  lease,  convey  or  dispose  of  })roperty,  real  and  person- 
al, for  the  benefit  of  the  city,  and  to  improve  a'^d  protect 
such  property,  and  to  do  all  other  things  in  nlation  there- 
to as  natural  persons. 


^^^  1853. 


•         ARTICLE  SECOND.-Of  ihe  City  Council.  

A  I'     7^^''1.'''^"  "^^  ^  ^^*y  ^°""«i^'  to  consist  of  a  mayor  r. 

and  board  of  aldermen.  '^  ""^  **  "''^yor  cityco.mcii. 

hi.  ?'     ^^'^  l'"^''^  °^  aldermen  shall  consist  of  two  mem    am 
?ortw;7e:,f  7^^''  ^^  ^^  ^^--  by  ^^-  qualiiied\"te"s-^'^^'- 
^f  f  .  ^'     ^o  person  shall  be  an  alderman  unless,  at  the  ^ime  o   ,- 
ofus  e  IecUon,he  shall  have  resided  six  month    within    he        """^- 

_     §  5.     At  the  first  meeting  of  the  city  council,  the  alder  n  „ 
men  shall  be  divided  by  lot  into  two  classes.    '  Tl  e    ea  ""• 

of  those  o   the  first  class  shall  be  vacated  at  the  expiration 
of  the  first  year,  and  of  the  second  class  at  the  exp    a   on 

ed  tnnall;     '"" '  '°  ""'  '^"'  °'  ''''  '•""'^  ^'-"  ^'  ^'e" 

elelLsTIld  rel^nTrthei^"  ^''^''^'k"^  ^salifications,  .,„„..„„„„. 
ter,n,„e  all  contested  efecUons         """''"'  ""^  '''^"  ''-  '°™- 
JorlmtZ&°^  the  city  council  .shall  constitute  a  q„„. 
f.      T  .    J    ""isiness,  but  a  smaller  number  may  adiourn 
from  day  to  day  and  compel  the  attendance  of  absent  mem- 
nance  '  '""'""''  ^'  """>'  •=<=  P'-escribed  by  ordl 

theMonl°"lc:"H"'''''"  '-1™.  ?"*<"■  ">  <letermine  „,...,  „„.... 
HerK.  1  f  Piuceed  ngs,  punish  its  members  for  disor-  '«"• 

&^:feie\td:::^i';^^        -  — -  -^ 
ee!d.^gs,"j:v&rl;';rr;:fbi-i/;Tsl^^^      - 

newspaper  published  in  said  city  Lvi,^  t  ,e  We ,  "„  .cT 

ii...  .hti'i'  ;.".".t;  *;:,t:.""'"  '■ "- '~"  -'  ■'- '-- 

6    12.      The  mavnr  Qi.rl  ^„„u    _ij  ,     „ 


ipon\1;e  drnTpf??,' """^  """''  alderman,  before  entering  Oat. 
ubs.riK  ?^    ''""'  respective  offices,  shall  take  and 

i      eU   ited's    V'"'  !.'"rV'  '''^'^''-'  ''^   constitution 
II  the  United  States  and  of  this  state,  and  that  they  will 


1853. 


224 

§  13.  Whenever  there  shall  be  a  tie  in  the  election  of 
aldermen,  the  judges  of  election  shall  certify  the  same  to 
the  mayor,  who  shall  determine  the  same  by  lot,  m  such 
manner  as  shall  be  provided  by  ordinance. 

§  14.  There  shall  be  twelve  stated  meetings  of  the 
city  council  in  each  year,  at  such  times  and  places  as  may 
be  prescribed  by  ordinance. 

ARTICLE  THIRD.— 0///ie  ChieJ  Executive  Officer. 


Contested 
tton8. 


§  1.  The  chief  executive  officer  of  the  city  shall  be  a 
mayor,  who  shall  be  elected  by  the  qualified  voters  of  the 
city,  and  shall  hold  his  office  for  one  year,  and  until  his 
successor  shall  be  elected  and. qualified. 

§  2.  No  person  shall  be  eligible  to  the  office  of  mayor 
who  shall  not  have  been  a  resident  of  the  city  for  one  year 
next  preceding  his  election,  or  who  shall  be  under  twenty- 
one  years  of  age,  or  who  shall  not,  at  the  time  of  his  elec- 
tion, be  a  citizen  of  the  United  States. 

§  3.  If  any  mayor  shall,  during  the  time  for  which  he 
shall  have  been  elected,  remove  from  the  city,  his  office 
shall  be  vacated. 

§  4.  "When  two  or  more  persons  shall  have  an  equal 
number  of  votes  for  mayor,  the  judges  of  election  shall  cer- 
tify the  same  to  the  city  council,  who  sliall  proceed  to  de- 
termine the  same  by  lot  in  such  manner  as  may  be  provided 
by  ordinance. 

§  5.  Whenever  an  election  of  mayor  shall  be  contested, 
the  city  council  shall  determine  the  same  in  such  manner 
as  may  be  prescribed  by  ordinance. 

§  6.  Whenever  any  vacancy  shall  happen  in  the  office 
of  mayor,  it  shall  be  filled  by  election. 

ARTICLE  YOVKVYi.— Of  Elections. 

§  1 .  On  the  first  Monday  of  April  next  an  election  shall 
be  held  in  each  ward  of  said  city  for  one  mayor  for  said 
city,  one  marshal,  one  treasurer,  one  assessor,  one  street 
commissioner,  and  two  aldermen  for  each  ward,  and  lor- 
cver  thereafter,  on  the  first  Monday  in  April  of  each  year,i. 
there  shall  be  an  election  held  in  each  ward  of  said  city, 
for  one  mayor  for  the  city,  one  marshal,  one  treasurer,  one 
assessor,  one  street  commissioner,  and  one  alderman  for 
each  ward.  The  present  board  of  trustees  of  the  townol 
Knoxville  shall  make  tlie  necessary  arrangements  for  said 
first  election,  and  the  returns  thereof  shall  be  made  as  at 
present  provided  by  ordinance  of  said  trustees. 

§  2.  All  free  white  male  inhabitants,  over  the  age  o 
twenty-one  years,  who  are  entitled  to  vote  for  state  officers 
and  who  shall  have  been  actual  residents  of  said  city  thirt] 


kW 


225  1853. 

days  next  preceding;  any  city  or  ward  election^  shall  be 
entitled  to  vote  for  city  officers  :  Provided,  that  said  voters  Proviso, 
shall  give  their  votes  in  all  city  or  ward  elections  in  the 
wards  in  which  they  respectively  reside,  and  in  no  other, 
and  that  no  vote  shall  be  received  at  any  of  said  elections 
unless  the  person  offering  such  vote  shall  have  been  an 
actual  resident  of  the  ward  where  the  same  is  offered  at 
least  ten  days  next  preceding  such  election. 

ARTICLE  FIFTH.— q/  the  Legislative  Powers  oj  the 
City  (Joiincil. 

§  1.  The  city  council  shall  have  power  and  authority  to  Levy  and  eowee* 
levy  and  collect  taxes  upon  all  property,  real  and  personal,  '*^' 
within  the  limits  of  the  city,  not  exceeding  one-half  of  one 
per  cent,  per  annum  upon  the  assessed  value  thereof,  and 
may  enforce  the  payment  of  the  same  in  any  manner  to  be 
prescribed  by  ordinance,  not  repugnant  to  the  constitution 
of  the  United  States  or  of  this  state. 

§   2.     The  city  council  shall  have  power   to  appoint  a  Appointments. 
clerk,  attorney,  collector,  city  surveyor,^and  all  such  other 
officers  as  may  be  necessary. 

§  3.  ihe  city  council  shall  have  power  to  require  of  Require  bonds. 
all  officers  appointed  in  pursuance  of  this  charter,  bonds 
with  penalty  and  security  for  the  faithful  performance  of 
their  respective  duties,  in  such  sums  as  may  be  deemed 
expedient,  and  also  to  require  all  officers  of  said  city  to 
take  an  oath  for  the  faithful  performance  of  the  duties  of 
their  respective  offices,  before  entering  upon  the  discharge 
of  the  same ;  to  build  and  keep  in  repair,  school  houses  ; 
to  establish,  support  and  maintain  common  schools;  to  bor- Borrow  money. 
row  money  on  the  credit  of  the  city,  by  and  with  the  con- 
sent of  a  majority  of  the  inhabitants  thereof:  Provided, 
that  no  sura  or  sums  of  money  shall  be  borrowed  at  a 
greater  interest  than  eight  per  cent,  per  annum,  nor  shall 
the  interest  on  the  aggregate  of  all  the  sums  borrowed  and 
outstanding  ever  exceed  one-lialf  of  the  city  revenue, 
arising  from  taxes  assessed  on  real  property  within  the 
limits  of  the  city. 

§   4.     To   appropriate   money  and  provide  for  the  pay- Appropriate  mo- 
ment of  the  debt  and  expenses  of  the  city.  °°^' 

§   5.     To  make  regulations  to  prevent  the  introduction  niaeaws. 
of  contagious  diseases  into  the    city,  and  to   enforce   the 
aarae  within  three  miles  of  the  city. 

§   6.     To  establish  hospitals,  and  make  regulations  for 
the  government  of  the  same. 

§  7.     To  make  regulations  to  secure  the  general  health  He«ith. 
of  the  inhabitants,  to  declare   what  shall  be  a  nuisance, 
and  to  prevent  and  remove  the  same. 


1853. 


226 


ayJrants        and 
piunps. 


Bridges. 
Koads. 


Lighting  streets. 


Night  watches. 
Market  houses. 


Puhlic  grounds. 
Auctioneers,  &.c. 


License  hackney 
carriages,  &c. 


Porters. 
Show::,  &.C. 


Woo<len      bntld- 
tn«a. 


Ottlmncyt 
Oaii{X)wdor. 


§  8.  To  provide  the  city  with  water,  to  erect  hydrants, 
and  pumps  in  tlie  streets,  lor  the  convenience  ol  tlie  in- 
habitants. 

§  9.  To  open,  alter,  abolish,  widen,  extend,  establish, 
grade,  pave,  or  otherwise  iini)rove  and  keep  in  repair 
streets,  avf-niRS,  lanes  and  alle}S. 

§    10.     To  establish,  erect  and  repair  bridges. 

§  11.  To  divide  the  city  into  waids,  alter  the  bound- 
aries thereof,  and  erect  additional  wards  as  the  occasion 
may  require. 

§  12.  To  provide  for  lighting  the  streets  and  erecting 
lamp  posts. 

§    13.     To  establish,  support  and  regulate  night  watches. 

§  14.  To  erect  maiket  houses,  establish  maikets  and 
market  places,  and  provide  for  th6  government  and  regula- 
tion  til  ere  of. 

§  15.  To  provide  for  the  erection  of  all  needful  build- 
ings for  the  use  of  the   city. 

§  16.  To  provide  for  enclosing,  improving  and  regula- 
ting all  public  grounds  belonging  to  the  city. 

§  17.  To  license,  tax  and  regulate  auctioneers,  mer- 
chants, retailers,  hawkers,  pedlers,  brokers,  pawnbrokers 
and  money  changers. 

§  18.  To  license,  tax  and  regulate  hackney  carriages, 
wagons,  carts  and  drays,  and  fix  the  rates  to  be  charged 
for  the  carriage  of  persons,  and  for  the  wagonage,  cart- 
age or  drayage  of  property. 

§  19.  To  license  and  regulate  porters  and  fix  the  rate 
of  {)orterage. 

§  20.  To  license,  tax  and  regulate  theatrical  and  other' 
exhibitions,  shows  and  amusements. 

§  21.  To  restrain,  prohibit  and  suppress  tippling  houses 
and  dram  shops. 

§  22.  To  prohibit  and.  suppress  gaining,  bawdy  and 
disorderly  houses. 

§  23.  To  provide  for  the  extinguishment  of  fires, 
to  organize  and  establish  a  fire  department,  with  the  neces- 
sary ofiicers,  and  to  organize,  establish  and  equip  fire 
companies. 

§  24.  To  regulate  or  prohibit  the  erection  of  wooden 
buildings  in  any  part  of  the  city. 

^  25.  To  regulate  the  fixing  of  chimneys  and  to  fix 
chimney  flues. 

§  26.  To  regulate  the  storage  of  gunpowder,  tar,  pitch, 
rosin,  and  other  combustible  materials. 

§  27.  To  regulate  and  order  parapet  walls  and  parti- 
tion fences. 

§  28.  To  establish  standard  weights  and  measures,  and 
regulate  the  weights  and  measures  to  be  used  in  the  city, 
in  all  cases  not  otherwise  provided  for  by  law. 


227  1863. 

§  29.     To  provide  for  the  inspection  and   maasuring  of  Liimbor,  &c. 
lumber  and  other  building  materials,  and  for  the  measure- 
ment of  all  mechanical  work. 

§   30.      To  provide  for  the   inspection  and  weighing  of iiay,&.;. 
hay  and  stone  coal,  the   measuring  of  charcoal,  fire  wood, 
and  other  fuel  to  be  sold  or  used   within  the  city. 

§  31.  To  provide  for  and  regulate  the  inspection  of 
beef,  pork,  flour,  meal  and  grain. 

§  32.  To  regulate  the  inspection  of  butter,  lard,  cheese 
and  other  provisions. 

§  33.  To  regulate  the  weight,  quality  and  price  of  bread 
to  be  used  in  the  ciiy. 

§  34.  To  regulate  the  size  of  bricks  to  be  sold  or  used 
in  the  city. 

-^  §  35.  To  provide  for  taking  enumerations  of  the  inhab- 
itanls  of  the  city. 

§  36.  T<^  regulate  the  election  of  city  officers,  and  to 
provide  for  removing  from  office  any  person  holding  an 
office  created   by  ordinance. 

§   37.     To  fix  the  compensation  of  all  city  officers,  and  ^T"^"^*'"'* 

_  I    i      xu      />  f        • .  .  11  ^  City  ofHwre. 

regulate  the  tees  ol  witnesses,  jurors  and  others,  for  ser- 
vices rendered  under  this  act  or  any  ordinance. 

§   3S.     To  regulate   the   police  of  the   city,   to  impose  Poitee. 
fine?,  forfeitures  and  penalties  for  the   breach  of  any  ordi- 
nance, and  to  provide  for  the   recovery  and  appropriation 
of  such  fines  and  forfeitures,  and  the  enforcement  of  such 
penalties. 

§   39.      The   city    council  shall  have  power,  v%'itliin  theB»i'a><i 
city,  by  ordinance,    to  restrain  and  suppress   billiard   ta- 
bles an  J  ball  alleys. 

§  40.  To  regulate,  restrain  and  prohibit  the  running  at 
large  of  horses,  cattle  and  hogs. 

§   41.      All  moneys  collected    under  and  by  authority  of^fonoys. 
a-iy  city  ordinance,  shall  be  deemed    and    taken  to  belong 
to  said  city,  and  disposed  of  by  the  city  council  under  the 
ordinances  of  said  city  for  the  general  use  and  benefit  of 
the  iniiabitants  thereof. 

§   42.      Tiie  city   council   shall  have   power  to  make  all  ^'■'^'"*'°"" 
ordinances  which  shall  be  necessary  and  proper  for  carry- 
ing into  execution  tlie  powers  specified   in  this  act. 

§   43.     The  style  of  the  city  ordinances  shall  be,  ^'Be  z/styie. 
ordained  hy  the  mayor  and  common  council  of  the  city  of 
Knoxoille.^^ 

§   44.  •  All  ordinances  passed  by  the  city  council   shall,  P"^iic"«o:. 
w^ithin  twenty  days  after  they  shall  have  been  passed,  be 
jubiished  in   the  newspaper  published   in   the  city  havii.g 
;he  largest  circulation,  and  shall  not  be  in  force  until  they 
ihall  liave  been  published  as  aforesaid. 

§   45.     All  ordinances  of  the  city  may  be  proven  by  the  sem  or  torn, 
jeal  of  the  corporation,  and  when  printed  or  published  in  ' 


lalilos^ 


tion. 


1853.  228 

book  or  pamplilet  form,  and  purporting  to  be  printed  and 
published  by  authority  of  the  corporation,  the  same  shall 
be  received  in  evidence  in  all  courts  and  places  without 
further  proof. 

ARTICLE  SIXTH.— 0/  the  Mayor. 

Mar.r give  cast-  §  ^  The  mayor  shall  preside  at  all  meetings  of  the 
^%^<>^.^.  city  council,  and  shall  have  a  casting  rote,  and  no  other. 
In  case  of  non-attendance  of  the  mayor  at  any  meeting, 
the  board  of  aldermen  shall  appoint  one  of  their  own  mem- 
bers chairman,  who  shall  preside  at  that  meeting. 
8p*curt  meetiDgD  §  2.  The  mayor  o?  any  two  aldermen  may  call  special 
meetings  of  the  city  council. 

§  3.  The  mayor  shall  at  all  times  be  active  and  vigi- 
lant in  enforcing  the  laws  and  ordinances  for  the  govern- 
ment of  the  city;  he  shall  inspect  the  conduct  of  all  sub- 
ordinate officers  of  said  city,  and  cause  ne^igence  and 
positive  violation  of  duty  to  be  prosecuted  and  punished; 
he  shall  from  time  to  time  communicate  to  the  aldermen 
such  information  and  recommend  all  such  measures  as  in 
his  opinion  may  tend  to  the  improvement  of  the  finances, 
the  police,  the  health,  security,  comfort  and  ornament  of 
the  city. 

§  4.  He  is  hereby  authorized  to  call  on  every  male  in- 
ha!)itant  of  said  city  over  the  age  of  eighteen  years,  to  aid 
in  enforcing  the  laws  and  ordinances,  and  in  case  oi  riot 
to  call  out  the  militia  to  aid  in  suppressing  the  same,  or  in 
carryincr  into  effect  any  law  or  ordinance,  and  any  person 
who  shall  not  obey  such  call  shall  forfeit  to  the  said  city 
a  fine  not  exceeding  five  dollars, 
s.bibit  bo.>ics,  §  5.  He  shall  have  pov^er  whenever  he  may  desm  it 
i.ape«,&  .  necessary  to  require  of  any  officer  of  the  said  city  an  ex- 
hibit of  his  books  and  papers. 

§  6.  He  shall  have  powe>-  to  execute  all  acts  that  may 
be  required  of  him  by  any  ordinance^made  in  pursuance 
of  this  act. 

§  7.  He  shall  be  commissioned  by  the  governor  as  a 
justice  of  the  peace  for  said  city,  and  as  such  shall  be  a 
conservator  of  the  peace  in  said  city,  and  shall  have  power 
and  authority  to  administer  oaths,  issue  writs  and  pro- 
c^ssps  under  the  seal  of  the  city,  to  take  depositions,  the  ac- 
knowledgment of  deeds,  mortgages,  and  all  other  instru- 
ments of  writing,  and  certify  the  same  under  the  seal  of 
the  city,  which  shall  be  good  and  valid  in  law. 
Artodicttoa.  §  8.     He    shall  have   exclusive  jurisdiction  in  all  cases 

arising  under  the  ordinances  of  the  city,  and  concurrent 
jurisdiction  with  all  other  justices  of  the  peace,  in  all 
civil  and  criminal  cases  within  the  county  of  Knox,  arising 


229  1853. ' 

under  tiie  lavfs  of  this   stale,   and  shall   receive  the  same 
fees  and  compensation  for  liis  services  as  in  similar  cases. 

§  9.  He  shall  also  have  such  jurisdiction  as  may  be 
vested  in  him  by  ordinance  ot  tiie  city  in  and  over  all 
places  within  three  miles  of  the  boundaries  of  the  city  for 
the  purpose  of  enforcing  the  health  ordinances  and  regu- 
lations thereof. 

3    10.     He  shall  receive  for  his  services  such  salary  as  CompenBatio*. 
shall  be  fixed  by  an  ordinance  of  the  city. 

§  11.  In  case  the  mayor  shall  at  any  time  be  guilty  ef  Liable  to  whv.- 
a  palpable  omission  of  duty,  or  shall  wilfully  and  corruptly  '"'^"'■* 
be  guilty  of  oppression,  malconduct,  or  partiality  iu  the 
discharge  of  the  duties  of  his  office,  he  shall  be  liable  to 
be  indicted  in  the  circuit  coiu't  of  Knox  county,  and  on 
conviction  he  shall  be  fined  not  more  than  two  hundred 
dollars,  and  the  court  shall  have  power,  on  the  recom- 
mendation of  thejury,  to  add  to  the  judgment  of  the  court 
that  he  be  removed  from  office. 

ARTICLE  SEVENTH.— Of  Frocecdings  in  Special  Cases. 

^  1.  When  it  shall  be  necessary  to  take  private  pro- Priv-itoiroirert?. 
perty  for  opening,  wideniisg  or  altering  any  public  street, 
lane,  avenue  or  alley,  the  city  shall  make  a  just  compensa- 
tion therefor,  to  the  person  whose  property  is  so  taken, 
and  if  the  amount  of  such  compensation  cannot  be  agreed '^'^^^s*^^' 
on,  tlie  mayor  sliali  cause  the  same  to  be  ascertained  by  a. 
jury  of  six  disinterested  freeholders  of  the  city. 

§  2.  When  tlie  owners  of  all  the  property  on  a  street,  Pctukns. 
lane,  avenue  or  alley,  proposed  to  be  opened,  widened,  or 
altered,  shall  petition  therefor,  the  city  council  may  open, 
widen  or  alter  such  street,  lane,  avenue  or  alley  upon  con- 
dition to  be  prescribed  by  ordinance,  but  no  compensation 
in  such  case  shall  be  made  to  those  whose  property  shall 
be  taken  for  the  opening,  widening  or  altering  such  street, 
lane,  avenue  or  alley,  nor  shall  there  be  any  assessment  of 
benefits  or  damages  that  may  accrue  tlierebj  to  any  of  the 
petitioners. 

§  3.  All  jurors  empanneled  to  inquire  into  the  amruntJ"''"* 
of  benefits  or  damages  which  shall  happen  to  the  owners  of 
property  proposed  to  be  taken  for  opening,  widening  or 
altering  any  street,  lane  or  alley,  shall  first  be  sworn  to 
that  etiect,  and  shall  return  to  the  mayor  their  inquest  in 
writing,  and  signed  by  each  juror. 

§  4.  In  ascertaining  tiie  amount  of  compensation  for  Duty  of  jur- 
property  taken  for  opening  or  widening  or  altering  any 
street,  lane,  avenue  or  alley,  tli^  jury  shall  take  into  con- 
sideration the  benefit  as  well  as  the  injury  happening  by 
such  opening,  widening  or  altering  such  street,  laue, 
avenue  or  alley. 


1853.  230 

p^verof  mnyur.  §6.  The  mayor  shall  havc  power,  foF  good  cause  sh  iwn, 
within  ten  days  after  any  inquest  shall  have  been  retu  ned 
to  iiim  as  atoresaid,  to  set  the  same  aside  and  cause  a  new 
inquest  to  be  made. 

syouiut.  ^   6.     The  city  council  shall  have  power,  by  ordina  ice, 

to  levy  and  collect  a  special  tax  on  the  holders  of  the  'nts 
in  any  street,  lane,  avenue  or  alley,  or  part  of  any  lane, 
avenue  or  alley,  according  to  their  respective  fronts  owned 
by  them,  for  the  purpose  of  paving  and  grading  the  side- 
walks and  lighting  said  sireet,  lane,  avenue  or  alley. 


ARTICLE  EIGHTH.— Miscel/ajieovs  P 


rovisi07}s. 


Tinn*  »ccrncd. 


§  1.  The  inhabitants  of  the  city  of  Knoxville  are 
hereby  exempted  from  working  on  any  road  beyond  the 
limits  of  the  city  and  from  paying  any  tax  to  procure 
laborers  to  work  upon  tlie  same  :  Provided,  that  the  city 
council  may  cause  one- fourth  of  the  labor  tax  to  be  laid 
out  on  roads  leading  into  said  city  from  the  north  and  south 
sides  thereof,  and  may  expend  a  portion  of  the  city  tax 
upon  the  same,  not  to  exceed  one-fourth  of  the  amount 
annually  assessed, 

§  2.  Tlie  city  council  shall  have  power,  for  the  purpose 
of  keeping  the  streets,  lanes,  avenues,  alleys  in  repair,  to 
require  every  male  inhabitant  in  said  city  over  twenty-one 
years  of  age  to  labor  on  said  streets,  lanes,  avenues  and 
alleys,  not  exceeding  four  days  in  each  and  every  yearj 
and  any  person  failing  to  perform  such  labor,  when  duly 
notified  by  the  street  commissioner  or  those  acting  under 
him,  shall  forfeit  and  pay  the  sum  of  seventy-hve  cents 
per  day  for  each  day  so  neglected  or  refused. 

§  3.  The  city  council  shall  have  power  to  provide  for 
the  punishment  of  offenders,  by  imprisonment  in  the  county 
jail,  in  all  cases  where  such  offenders  siiall  fail  or  refuse  to 
pay  the  fines  and  ft-ifeitures  which  may  be  recovered 
against  them. 

§  4.  The  city  council  shall  cause  to  be  ptiblished  an- 
nually a  full  and  com})lete  statement  of  all  moneys  received 
and  expended  by  the  city  during  the  preceding  year,  and 
on  what  account  received  and  expended. 

§  5.  All  ordinances  and  resolutions  passed  by  the  trus- 
tees of  the  town  of  Knoxville  shall  remain  in  force  until  the 
same  shall  have  been  repealed  by  the  city  council  hereby 
created. 

§  6.  All  suits,  actions  and  prosecutions  instituted,  com- 
menced or  brought  by  the  corporation  hereby  created,  shall 
be  instituted,  commenced  and  prosecuted  in  the  name  of 
the  city  of  Knoxville. 

§  7.  All  actions,  fines,  penalties  and  forfeitures  which 
have  accrued  to  the  trustees  of  the  town  of  Knoxville  shall 


231  1853. 

be  vested   In  and   prosecuted  by  tlie  corporation   hereby 
creati'd. 

§   8.     All  property,   real   and   personal,    heretofore   be-  Property  of  for- 
longing  to  tiie  trustees  of  the  town  of  Knoxville,  for   the  ^L^'"'^'^''"^' 
use  of  the  iiihabilants  of  said  to.vn,  shall  be  and  the  same  is 
hereby    declared  to  be  vested  in   the    corporation   hereby 
created. 

§   9     This   charter  shall  not  invalidate  any  act  done  by  Former  acts  vai- 
the    presid<>nt  and  trustees  of  the  town  of  Knoxville,  nor  ''• 
divest  them  of  any  right  which  may  have  accrued  to  them 
prior  to  the  passage  of  this  act. 

§  10.  The  trustees  of  the  town  of  Knoxville  shall,  im- PrumuiKate  inw. 
mediately  aft^r  the  passage  of  tliis  act,  take  measures  to 
promulgate  this  law  within  the  limits  of  the  city  of  Knox- 
ville, and  issue  their  proclamation  for  the  election  of  of- 
ficers, and  cause  the  same  to  be  published  in  all  the  news- 
papers in  said  city  for  two  weeks  in  succession,  prior  to 
the  day  of  election  for  said  officers. 

§  11.  Appeals  shall  be  allowed  from  decisions  in  all  Appeals, 
cases  arising  uiider  the  provisions  of  this  act,  or  any  ordi- 
nance parsed  in  pursuance  thereof,  to  the  circuit  court  of 
Knox  county,  and  every  such  appeal  shall  be  taken  and 
granted  in  tliesame  manner  and  with  like  effect  as  appeals 
are  taken  from  and  granted  b;>  justices  of  the  peace  to  the 
circuit  court,  under  the  laws  of  this  state. 

§    12.     Whenever  the  mayor  shall    absent  himself  from  v,,^.,„pj.  i,.  j,jp^^ 
the  city,  or  shall  resign  or  die,  or  his  office  shall' otherwise  "^f^^y^r. 
be  vacated,  the  board  of  aldermen  shall  immediately  j)ro- 
ceed  to  elect  one  of  tiieir  number  president,  who  shail  be 
mayor  pro  tern. 

§    13.     This  act  is  hereby  declared  to  be  a  public  act,  P'*'^''<=*^*- 
and  may  be  read  iu'evidence  in  all  courts  of  law  or  equity 
in  this  state  without  proof.  ■' 

§    14.     All    acts,   or  parts   of  acts,   coming    within   the -'^'^^ts  repealed. 
provisions  of  this   charter,  or   contrary  to    or  inconsistent 
with  its  provisions,  are  heieby  repealed. 

6    15.     The  city  marshal,  or  any  other  officer  authorized  "^^'"'^  ^^^  ^''" 
to  execute  writs   or  other  process  issued    by   the   mayor, 
shall  have  power  to  execute  the  same  anywhere  within  the 
liniils  of  Knox  county,,  and    sliall  be    entitled  to  tlie   same 
fees  for  traveling  as  are  allowed  to  sheriffs  in  similar  cases. 

§  16.  Tiie  common  council  of  said  city  shall  have  no  Bemitanes. 
power  to  remit  any  fine  imposed  uj>on  any  person  for  the 
violation  of  the  laws  or  ordinances  of  said  cit^,  unless  two- 
thirds  of  all  the  aldermen  authorized  to  be  elected  siiall 
vote  such  remission  ;  nor  shall  anything  in  this  act  con- 
tained be  so  constiued  as  to  oust  any  court  of  jurisdiction 
to  abate  and  remove  nuisances  in  the  streets  or  any  other 
parts  of  said  city,  by  indictments  or  otherwise. 


1853. 


232 


rote  rescinded. 


AMesgnients. 


Prssecutions. 


iDtoKlcating 
i;uors. 


§  17.  No  vote  of  the  common  council  sliall  be  recon- 
sidered or  rescinded  at  a  special  meeting  of  said  council, 
unless  at  such  special  meeting  there  be  present  as  large  a 
number  of  aldermen  as  were  present  when  such  vote  was 
taken. 

§  18.  Every  assessment  or  tax  levied  or  assessed  by 
the  common  council,  the  collection  of  which  shall  be  de- 
layed by  injunction  or  other  judicial  proceeding,  shall  be  a 
lien  upon  the  property  or  premises  assessed  for  the  period 
of  one  year  after  the  final  disposition  of  the  injunction  or 
other  judicial  proceedings,  unless  said  injunction  s'lall  be 
sustained.  Secondly — if  at  any  sale  of  real  or  personal 
estate  for  taxes  or  assessments  levied  or  assessed  by  the 
common  council,  in  virtue  of  any  of  its  corporate  powers, 
no  bids  shall  be  made  for  any  parcel  of  land  or  any  goods 
and  chattels,  the  same  shall  be  struck  off  to  the  city;  and 
thereupon  the  city  shall  receive,  in  the  corporate  name,  a 
certificate  of  the  sale  thereof,  and  shall  be  vested  with  the 
same  rights  as  other  purchasers  under  the  revenue  laws  of 
this  state  at  such  sales. 

§  19.  In  all  prosecutions  for  violations  of  any  ordinan- 
ces of  said  city,  the  first  process  shall  be  a  summons,  unless 
oath  or  affirmation  be  made  by  some  officer  of  said  city,  or 
other  persons,  for  a  warrant,  as  in  other  cases  before  jus- 
tices of  the  peace.  Secondly — in  ail  suits  for  the  violation 
of  ordinances,  the  writ  shall  specify  the  particular  clause  of 
the  ordinance  violated. 

§  20.  Nothing  in  this  act  shall  be  construed  to  author- 
ize said  city  to  license  the  sale  of  intoxicating  liquors. 

§  21.  This  act  to  take  effect  and  be  m  force  from  and 
after  its  passage. 

Approved  February  10,  1853. 


■  AN  ACT  to  incorporate  the  town  of  St.  Charles. 

Section   1.     Be   it  enacted  bij  the  people  of  the  state  of 
Illiriuia,  represented  in.  the    General  */9ssemblij^  That   the 


and  ^tate  of  Illinois,  are  hereby  constituted  a  body  politic 
and  corporate,  by  the  name  and  style  of  "The  President  and 
Trustees  of  the  Town  of  St.  Charles,"  and  by  that  name 
and  style  shall  have  perpetual  succession,  and  may  have 
and  use  a  common  seal,  which  they  may  change  and  alter 
at  pleasure,  and  in  whom  the  government  of  the  corpora- 
tion shall  be  vested,  and  by  whom  its  affairs  shall  be  man- 
ajred. 


233  1853. 

§  -2.  The  inhabitants  of  said  town,  by  the  name  and  General  power«. 
style  aforesaid,  may  sue  and  be  sued,  iin})lead  and  be  im- 
pleaded, defend  and  be  defended,  in  all  courts  of  law  or 
equity,  and  in  all  actions  whatever,  and  purciiase,  receive 
and  iiold  property,  real  and  personal,  within  anci  beyond  the 
limits  of  said  town,  for  burial  grounds  or  other  purposes, 
for  the  use  of  the  inhabitants  of  said  town,  and  may  sell, 
lease  or  dispose  of  pioperty,  real  and  personal,  for  the  ben- 
efit of  said  town,  and  improve  and  protect  such  property, 
and  do  all  things  in  relation  thereto  as  natural  persons. 

§  3.  That  the  boundaries  of  the  corporation  of  said  Bound  art**, 
town  be  as  follows,  to  wit :  Beginning  three-fourths  of  a  mile 
east  of  the  east  end  of  the  bridge  that  crosses  tlie  Fox  river, 
in  said  town,  in  the  centre  of  Main  street,  on  the  })Hblic 
highway  that  leads  easterly  fiom  said  bridge;  from  thence 
soutlierly,  at  right  at  gles  with  a  line  drawn  from  said  bridge 
to  said  })oint  oti  said  highway,  three-fourtlis  of  a  mile  ;  from 
thence  westerly,  and  at  right  angles  with  the  last  mentioned 
line,  one  mile  and  a  half;  thence  northerly,  and  at  a  right 
angle  with  the  last  mentioned  line,  one  mile  and  a  half; 
thence  easterly,  and  at  a  right  angle  with  the  last  mentioned 
line,  one  mile  and  a  half;  thence  southerly,  to  the  place  of 
beginning:  Provided,  neverthe!ess,  the  president  and  trus- 
tees of  said  town  may,  at  any  time,  by  ordinance,  prescribe 
other  or  different  boundaries  for  said  town,  not  exceeding 
five  miles  square. 

§  4.  Tlie  })resident  and  trustees  of  said  town,  as  incor- p^g,i^pj,j  ^^^ 
porated  under  the  general  act  of  incorporation,  are  hereby  trusteet. 
appointed  president  and  trustees  of  the  said  town,  and  shall 
hold  tljeir  office  until  the  first  Monday  of  April  next,  and 
until  their  successors  are  elected  and  qualified;  and  on  the 
first  Tuesday  of  April  next,  or  witiiin  ten  days  thereafter, 
and  on  the  first  Tuesday  of  April  of  every  year  tliereafter, 
an  election  shall  be  held  for  five  trustees  of  said  town,  who 
shall  hold  their  offices  for  one  year,  and  until  their  succes- 
sors are  elected  and  qualified.  And  ten  days'  public  no- 
tice of  the  time  and  place  of  holding  any  election  for  trus- 
tees shall  be  given  by  the  president  and  trustees,  or  by 
their  clerk,  by  advertisements  in  any  weekly  newspaper 
published  in  said  town,  or  by  posting  up  notices  in  three  of 
the  most  public  places  in  said  town.  No  ])erson  shall  be 
elected  trustee  in  said  town  who  shall  not  be  qualified  to 
vote  for  state  and  county  officers,  and  who  shall  not  have  been 
for  oi:e  year  previous  to  such  election  a  resident  and  buna 
fide  freeholder  within  the  incorporated  limits  of  said  town. 

§   5.     That  at  any  election  for  trustees,  every  jjerson  who  gicettow. 
shall  be  qualified  to  vote  for  state  officers,  and  who  shall 
have  a  residence  within  the  limits  of  said  corporation  for 
six   months  previous  to  such  election,  may  enjoy  the  right 
of  an  elector. 


1853.  234 

rresxioot.  §   6.     That  the  trustees  shall  elect  one  of  their  ninaber 

president,  and  shall  be  judges  of  the  elections,  qualifica- 
tions and  returns  of  their  own  members,  a  majority  of  whom 

<j«,>ntiu.  shall   cousiitute  a  quorum   to  do   business,  but  a  smaller 

number  may  adjourn  from  day  to  day,  and  compel  the  at- 
tendance of  absent  members,  in  such  manner  and  under 
such  petialties  as  they  n)ay  provide,  and  pumsh  their  mem- 
bers for  disorderly  conduct,  and  by  vote  of  three-fourths 
of  their  whole  number  elected, .expel  a  member,  and  make 
such  otfier  rules  and  regulations  for  their  government  as 
to  them  may  seem  proper  and  expedient,  and  shall  have 
power  to  fill  any  vacancy  in  the  board  of  trustees  occa- 
sioned by  death,  resignation  or  continued  absence  from 
town  for  three  months,  or  otherwise. 

sne«u,kc.  ^   7,     Xhe  president  and  trustees  of  said  town  shall  have 

power  to  cause  all  tlie  streets,  alleys  and  public  roads  with- 
in the  limits  of  said  town  to  be  ke[)t  in  good  repair,  and  to 
this  end  they  shall  require  every  male  resident  of  said 
town,  over  the  age  of  twenty-one  years,  to  labor  on  the  same 
not  exceeding  three  days  in  each  and  every  year;  and  if 
such  labor  be  insufficient  for  that  purpose,  to  appropriate 
so  much  from  the  general  fane's  of  the  corporation  as  they 
shall  deem  necessary  tberofor. 

2d.  To  open,  alter,  vacate,  widen,  extend,  establish, 
grade,  pave  or  otherwise  improve  any  streets,  avenues, 
lanes,  alleys,  public  grounds  and  public  roads  within  the 
limits  of  said  town. 

!ax-  3d.     To  make,  construct  and  keep  in  repair  side-walks 

or  pavements  in  front  of  any  lot  or  lots  adjacent  to  any  street 
or  streets  in  said  town,  and  to  levy  and  collect  a  tax  from 
time  to  time  upon  the  lot  or  lots  in  front  of  which  such 
side-walks  or  j)avemen(s  are  or  shall  be  ordered  and  pro- 
posed to  be  made,  constructed  or  kept  in  repair :  Pruvided, 
such  tax  shall  be  on  such  lots  proportionate  to  the  length 
of  their  respective  fronts.  And  until  the  said  president  and 
trustees  shall  provide  by  ordinance  for  the  levying  and  col- 
lecting of  said  tax,  they  shall  enter  upon  the  records  of 
the  corporation  whenever  they  shall  desire  to  collect  such 
tax  a  resolution  that  such  tax  shall  be  levied  and  collected, 
and  the  number  of  the  lot  or  lots  upon  which  the  tax  is 
proposed  to  be  collected,  and  the  amount  upon  each  lot, 
and  a  certified  copy  of  such  resolution  shall  oe  filed  in  the 
office  of  the  clerk  of  the  county  court.  It  shall  then  be 
collected  In  the  manner  provided  in  she  ninth  section  of  an 
act  entitled,  "An  act  to  incorporate  towns  and  cities,"  ap- 
proved February  lOth,  1849,  for  the  collection  of  other 
coi'poration  taxes. 

4th.  To  levy  and  collect  taxes  upon  all  property,  real 
and  personal,  within  the  limits  of  said  corporation,  not  ex- 
ceeding one  per  cent,  per  annum  upon  the  assessed  valu- 


235  1853. 

ation  thereof,  and  may  enforce  tlie  payment  thereof  in  any 
manner  to  be  prescribed  by  ordinance,  not  repugnant  to 
the  constitution  of  the  United  States  and  of  this  st^te  ;  but 
until  they  provide  by  ordinance  for  enforcing  the  pa^  mcnt 
thereof,  tliey  shall  be  collected  in  the  manner  provided  by 
the  ninth  section  of  tl»e  act  aforesaid. 

5th.     To  restrain,  regulate  and  prohibit  the  running  atPTevontcauic,&,T 
large  of  cattle,  horses,  siieep,  swine,  goats  and   other  ani-  ^"^^"■"B*»'»^e. 
mals,  and  to  authorize  the  distraining,"impounding  and  sale 
of  the  same,  and  to  prohibit  any  indecent  exhibition  of  hor- 
ses and  other  animals. 

6th.     To  prevent  and  regulate  the  running  at  large  of  Powers  of  ir»5- 
dogs,  and  authorizing  the  destruction  of  the  same  when  at  ^'"' 
large  contrary  to  any  ordinance. 

7th.  To  regulate  and  prohibit  any  indecent  exposure  of 
person. 

8th.  To  prevent  horse  racing  or  any  immoderate  riding 
or  driving  within  the  limits  of  said  town  of  horses  or  other 
animals.  To  prohibit  the  abuse  of  animals.  To  compel 
persons  to  fasten  their  horses  or  other  animals  attached  to 
vehicles  or  otherwise  while  standing  or  remaining,  in  any 
street,  alley  or  public  road  in  said  town. 

9th.  To  establish  and  maintain  a  public  pound,  and  to 
appoint  a  pound  master  and  prescribe  his  duties. 

10th.      To  restrain  and  prohibit  all  descriptions  of  gam- 
bling and  fraudulent  abuses,  and   to  suppress  and  prohibit  ' 
billiard  tables,  ball  alleys  and  other  gaming  establishments. 

Uth.  To  suppress  and  prohibit  disorderly  houses  or 
groceries  and  iiouses  of  ill  fame. 

12th.  To  license,  regulate,  suppress  and  prohibit  all 
exhibitions  of  common  siiowmen,  shows  of  every  kind,  car- 
avans, circuses  and  exhibitions  and  amusements. 

13th.  To  prevent,  suppress  and  prohibit  any  riot,  affray,, 
disturbance  or  disorderly  assemblage,  assaults,  assaults  and 
batteries  or  shooting  within  the  limits  of  said  town. 

14lh.  To  abate  and  remove  nuisances  and  to  punish  the 
authors  thereof,  and  to  define  and  declare  what  shall  be 
deemed  nuisances  and  otherwise,  and  direct  the  summary 
abatement  thereof. 

15th.  To  make  regulations  to  prevent  the  introduction 
of  contagious  diseases  into  the  town,  and  execute  the  same  for 
any  disease,  not  exceeding  two  miles  from  the  limits  tliereof. 

i6th.  To  regulate  the  storage  of  gunpowder  and  other 
combustible  materials. 

17tli.  To  provide  for  the  prevention  and  extinguish- 
ment of  fires,  aiid  to  organize  and  establish  fire  compcinies. 

18th.  To  provide  tlie  town  with  water  for  the  extinguish- 
ment of  fires  and  for  the  convenience  of  the  inhabitants. 

19th.  To  provide  for  enclosing,  imj)roving  and  regulating 
all  public  grounds  or  other  lands  belonging  to  said  town. 


1863. 


236 


20th.  To  provide  for  the  erecting  all  needful  buildings 
for  the  use  of  said  town  and  the  county  by  themselves  or 
in  conjunction  with  the  county. 

21st.  To  make  all  necessary  regulations  to  secure  the 
general  health  of  the  inhabitants  thereof. 

22d.  To  suppress  and  prohibit  the  selling,  bartering, 
exchanging  and  traffic  of  wines,  gin,  rum,  brandy,  whisky 
or  other  intoxicating  liquors  within  the  limits  of  said  tnwn  : 
Provided.,  that  they  may  allow  druggists  to  sell  the  same  in 
good  faith  for  purely  nn  dicinal,  mechanical  or  sacramental 
purposes,  and  for  no  other  purpose. 

23d.  To  appropriate  and  provide  for  the  payment  of 
any  debts  or  exj)enses  of  the  town,  and  to  fix  the  compen- 
sation of  town  officers. 

24th.  To  make  all  ordinances  which  shall  be  necessary 
and  proper  for  carrying  into  execution  the  powers  speci- 
fied in  tliis  act,  or  which  they  may  deem  necessary  or  ex- 
pedient for  the  better  regulation  of  the  internal  police  of 
said  town,  and  to  execute  the  same,  and  to  impose  fines,  for- 
feitures and  penalties  for  the  breach  of  any  ordinance  or 
any  of 'the  provisions  of  this  act,  and  to  provide  for  tlie  re- 
covery and  appropriation  of  such  fines  and  forfeiture's  and 
the  enforcement  of  such  penalties  :  Provided^  that  in  no 
case,  except  for  assault,  assault  and  baltery,  riots,  and  af- 
frays, shall  any  such  fine  exceed  the  sum  of  twent}-five 
dollars  for  any  one  offence. 

§  8.  That  the  president  and  trustees  of  said  town  shall 
have  power  to  appoint  a  town  constable  for  said  town, 
whose  duty  it  shall  be,  when  so  appointed  and  sworn  into 
office,  to  execute  any  where  any  writ,  process  or  precept 
whicli  may  be  issued  against  anj  person  or  persons  foi-  the 
violation  of  any  ordinance  of  said  corporation,  and  to  arrest 
or  receive  any  and  all  persons  who  may  violate  the  ^^anle, 
and  take  them  before  any  justice  of  the  peace  of  said  town, 
and  to  collect  any  fines,  forfeitures  and  penalties  which  may 
be  assessed  or  recovered  for  the  use  of  said  town,  and  to 
perform  any  and  all  other  duties  which  are  n()X\'^  or  shall 
hereafter  be  prescribed  by  any  general  statute  of  the  state 
to  be  done  or  j>erformed  by  constables  any  where  in  Kane 
county  :  Pruvided.,  that  any  other  constable  of  the  county 
may  execute  any  process  issued  by  any  justice  of  the  peace 
by  virtue  of  this  act.  Also,  to  appoint  a  clerk,  treasurer, 
street  commissioner,  board  of  liealth  and  all  other  otHcers 
that  may  be  necessary,  and  to  prescribe  their  duties,  and 
may  require  bonds  from  the  several  officers  for  the  faithful 
discharge  of  their  duties. 

§  9.  The  president  and  trustees  shall  require  their  clerk, 
and  it  shall  be  his  duty  to  make  and  keep  a  full  and  faith- 
ful record  of  all  their  j)roceedings,  by-laws  and  ordinances, 
and  of  the  time,  manner  and  plt^ce  of  publi^^ation  of  suih  by- 


237  1853. 

laws  in  a  book  to  be  provided  for  that  purpose,  and  such  book 
purporting  to  be  the  records  of  the  corporation  of  the  town 
of  St.  Ciiarles,  shall  be  received  in  all  courts,  without  fur- 
ther proof,  as  evidence  of  all  matters  therein  contained. 
And  all  ordinances,  before  taking  eiFect,  shall  be  published 
at  least  ten  days  in  a  newspaper  published  in  said  town,  or 
be  posting  up  printed  copies  of  the  same  in  at  least  three 
of  the  most  public  places  in  the  town. 

§  10.  Any  fine,  penalty  or  forfeiture  incurred  under  psneg,  penaiuc-s 
this  act,  or  any  by-law  or  ordinance  made  in  pursuance  of  and  forfeimes. 
this  act  or  of  any  act  that  may  be  passed  amendatory  to 
this  act,  may  be  recovered,  together  with  costs,  before  any 
justice  of  the  peace  in  the  corporate  name;  and  the  several 
fines,  forfeitures  or  penalties  for  breaches  of  the  same  ordi- 
nances or  by-laws,  not  exceeding  one  hundred  dollars,  may 
be  recovered  in  one  suit;  and  the  first  process  shall  be  a 
summons  unless  oath  or  affirmation  be  made  for  a  warrant 
by  same  creditable  person;  but  in  all  cases  of  assaults,  as- 
saults and  batteries,  affrays  or  riot,  a  warrant  sliall  issue 
for  the  arrest  of  the  offender  in  the  same  manner  as  for  like 
offences  against  the  laws  of  the  state.  It  shall  be  lawful 
to  declare  generally  in  debt  for  such  fines,  penalties  and 
forfeitures,  stating  the  clause  of  the  act  or  the  ordinance 
or  by-law  under  which  the  same  are  claimed,  and  to  give 
the  special  matter  in  evidence  under  the  declaration,  and 
the  justice  shall  proceed  to  hear  and  determine  the  cause, 
as  in  other  cases.  Upon  the  rendition  of  judgment  for  any 
such  fine  or  fines,  penalties  or  forfeitures,  the  justice  shall 
issue  his  execution  for  the  same  and  costs  of  suit,  which 
may  be  levied  upon  any  of  the  personal  property  of  tlie  de- 
fendant or  defendants  not  exempt  from  execution.  If  the 
constable  shall  return  upon  such  execution  no  property 
found,  then  the  justice  shall  issue  a  capias  against  the  body 
of  the  defendant  or  defendants,  and  the  constable  shall  ar- 
rest such  person  or  persons  and  commit  him,  her  or  them 
to  the  jail  of  the  county,  there  to  remain  forty-eight  hours  ; 
and  if  the  judgment  and  costs  exceed  five  dollars,  then  to 
remain  in  close  custody  in  said  jail  twenty-four  hours  for 
every  two  dollars  over  and  above  tlip:  said  five  dollars,  and 
so  in  proportion  to  the  amount  of  the  said  judgment  and 
costs:  Provided,  huivever,  [[  the  said  president  and  trus- 
tees, or  their  attorney,  shall  require  a  transcript  of  the 
judgment  and  costs,  to  be  certified  to  the  clerk  of  the  cir- 
cuit court  of  the  proper  county,  to  have  the  same  levied 
upon  real  property,  and  signify  the  same  in  wilting  to  him, 
he  shall  not  issue  a  capias  as  aforesaid,  but  shall,  without 
delay,  certify  a  transcript  thereof  and  of  all  the  proceedings 
according  to  law  to  such  clerk,  which  shall  be  filed  and 
recorded  as  in  other  cases,  and  such  judgment  shall  have 
the  same  force  and  effect  as  judgments  rendered  in  said 


1853.  238 

circuit  court:  Proru/ecl^  an  appeal  may  be  granted  within 
five  days  after  the  rendition  of  judgment,  with  the  same 
force  and  effect,  rights  and  privileges  to  all  parties,  as  in 
other  cases. 

§  11.  The  justice  of  the  peace  and  constable  who  may 
render  services  under  this  act,  shall  be  entitled  to  the  same 
fees  and  collect  them  in  the  same  manner  as  now  is  or 
hereafter  may  be  required  by  law  in  other  cases. 

§    12.      Tlie  president  and  trustees  shall  i.otbe  required, 
insults  instituted  under  this  actor  ordinance  passed  by  vir- 
tue  thereof,  to  file  before  the  commencement  of  any  such 
suit  any  secufity  for  costs. 
....  6    13.     All    fines,   forfeitures    and  penalties  received  or 

Haes,  forrcltures         3  iii/-  t*  i-  in 

»ud  penalties.  coUccted  for  t'.ie  breach  of  any  orduiance  or  this  act,  sliall 
be  paid  into  the  treasury  of  said  corporation  by  the  officer 
or  person  receiving  or  collecting  the  same. 

Boad  labor  §    ^  "*•     The  inhabitants  of  Said  towu  are  hereby  exempted 

from  working  upon  any  road  beyond  the  limits  of  the  cor- 
poration, and  irom  paying  any  tax  upon  property  within  its 
limits  to  procure  laborers  to  work  upon  any  such  road. 

Bridge.  §    15.     Nothing  in  this  act  contained   shall  require  the 

inhabltai  ts  of  said    town,   in   their  corporate    capacity,  to 
■  build  or  keep  in  repair  a  bridge  across  Fox  river. 

§  16.  All  ordinances,  by-laws  and  resolutions  passed 
by  the  president  and  trustees  of  the  town  of  St.  Charles,  as 
incorporated  under  the  general  law,  and  which  are  now  in 
force  and  not  inconsistent  herewith,  shall  remain  in  force 
until  the  same  shall  be  repealed  by  the  president  and  trus- 
tees of  the  corporation  created  by  this  act. 

S  17.  All  actions,  rights,  fines,  penalties  and  forfeitures, 
in  suit  or  otherwise,  which  have  accrued  to  or  have  been 
commenced  by  the  president  and  trustees  of  the  town  of 
St.  Charles,  as  Incorporated  under  the  general  law,  shall 
be  vested  in  and  prosecuted  by  the  corporation  hereby 
created. 

^gp,.,^y  §    18.     All   property,  real  or  personal,  or   any  estate  or 

interest  therein,  held  by  or  belonging  to  the  president  and 
trustees  of  the  town  of  St.  Charles,  as  incorporated  under 
the  general  law,  for  the  use  of  the  inhabitants  thereof,  shall 
be  and  the  same  are  hereby  declared  to  be  vested  in  the 
corporation  hereby  created. 

§  19.  This  charter  shall  not  invalidate  any  act  done  by 
the  president  and  trustees  of  the  town  of  St.  Charles  as  at 
present  incorporated;  and  all  taxes,  assessments  in  favor  of 
said  corporation  and  which  have  not  yet  been  paid  into  the 
treasury  thereof,  shall,  when  collected,  be  paid  into  the 
treasury  of  the  corporation  hereby  created. 

§  20.  This  act  is  hereby  declared  to  be  a  public  act,  and 
may  be  read   in   evidence  in  all  courts   of  law  or   equity 


239  1853. 

within   this  state   witliout   proof.     This  act   to  take   eftect 
and  be  in  force  from  and  after  its  passage. 
Approved  February  12,  1853. 


AN  ACT  to  incorporate  the  town  of  Grafton.  in  force  Fob.  12. 

1853. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois^  represented  in  the  General  Assembly^  Tiiat  the 
resident  inhabitants  of  the  town  of  Grafton,  as  set  fyrth 
in  section  two,  are  hereby  made  a  body  corporate  and  Body  corporat«. 
politic  in  law  and  in  fact  by  the  name  and  style  of  "The 
President  and  Board  of  Trustees  of  the  town  of  Graf- 
ton," and  by  that  name  shall  have  perpetual  succession.  General  power*, 
and  a  common  seal,  which  they  may  alter  at  pleasure  ;  and 
by  said  name  they  may  sue  and  be  sued,  implead,  answer, 
or  defend  in  any  court  of  competent  jurisdiction,  and  in 
which  the  government  of  the  corporation  shall  be  vested 
and  by  whom  its  affairs  shall  be  managed. 

§  2.  The  said  corporation  shall  extend  to  and  embrace  BouDdarie;.. 
all  tiie  lands  and  lots  of  said  town,  within  the  following 
boundaries,  to  wit :  Commencing  at  the  foot  of  State  street, 
on  the  Mississippi  river  ;  thence  north  along  said  street  to 
Russell  street ;  thence  west  along  said  street  till  said  line 
intersects  an  imaginary  line,  directly  north  of  the  point 
where  the  16th  section  intersects  the  Mississippi  river, 
and  thence,  in  the  Mississijjpi,  to  the  place  of  beginning. 
More  particular  description  of  said  boundaries  may  be  had 
by  reference  to  the  recorded  plat  of  said  town. 

§  3.  That  there  shall,  on  the  first  Monday  of  April ^.,3^,^,^,,.^ 
next,  and  on  the  first  Monday  of  April  thereafter,  annually, 
be  elected,  five  trustees  for  said  tow^n,  who  shall  hold  their 
offices  for  one  year,  and  until  their  successors  are  elected 
and  qualified;  and  notice  of  the  time  and  place  of  tiie  first 
election  shall  be  given  by  the  now  acting  president  and 
trustees,  by  posting  up  four  notices  of  the  same,  and  giving 
at  least  ten  days'  notice,  and  annually  thereafter  notices 
of  elections  shall  be  given  by  the  president  and  trustees, 
by  publication  in  a  newspaper,  if  any  shall  be  published 
in  said  town,  or  by  posting  four  notices  in  public  places 
in  said  town,  giving  the  time  of  notice  as  aforesaid.  No 
person  shall  be  a  trustee  of  said  town  who  has  not  arrived 
at  the  age  of  twenty-one  years,  who  has  not  resided  six 
months  in  said  town  next  preceding  his  election,  and  who 
has  not  paid  a  corporation  tax. 

§   4.     All  white  male  inhabitants  over  twenty-one  years  votere 
of  aore  who  have  resided  in   said  town  three  months  next 


1853.  240 

preceding  an  election,  and  who  are  qualified  to  vote  for 
members  of  the  general  assembly,  shall  be  entitled  to  vote 
for  trustees;  and  the  said  trustees  shall,  at  their  first  meet- 
ing, proceed  to  elect  one  of  their  body  president,  and  shall 
have  power  to  fill  all  vacancies  in  said  board  that  may  be 
occasioned  by  death,  resignation,  removal,  six  months' 
absence  from  the  town,  or  otherwise,  and  to  appoint  a  clerk, 
assessor,  treasurer,  street  commissioner  and  town  consta- 
ble, who  sliall  be  collector,  who  shall  give  bond  and 
security  in    such  amounts  as  the  trustees  may  require. 

land.  §  5.     The   said    corporation  is  hereby  made  capable  in 

law  to  take  and  hold  to  themselves  and  their  successors 
any  lands,  tenements  and  hereditaments,  and  the  rents, 
issues  and  profits,  that  may  be  necessary  for  the  erection 
of  a  market  house,  or  other  public  buildings  necessary  to 
promote  tlie  interests  and  public  good  of  the  citizens  of 
said  town,  and  the  same  again  to  alien,  sell,  lease  or  other- 
wise dispose  of,  when  necessary;  they  shall  also  have  power 
to  regulate,  grade,  pave  and  improve  the  river  bank,  the 
streets,  lanes  and  alleys  within  the  limits  of  said  town  and 
corporation :  Provided^  said  corporation  shall  not  have 
power  to  borrow  money  and  pledge  its  revenues,  or  any 
part  thereof,  for  any  purpose  whatever,  without  the  con- 
sent of  a  majority  of  the  legal  voters  of  said  town,  who 
may  be  assembled  by  the  trustees  thereof  for  thaj  purpose, 
on  giving  ten  days'  notice  of  the  time  and  place  of  such 
voting. 

r^s.  §   6.     The   trustees    aforesaid    and  their  successors   in 

office,  or  a  majority  of  them,  shall  have  power  to  ordain 
and  establish  such  rules  and  regulations  for  the  transaction 
of  the  busines  and  concerns  of  the  corj)oration  as  they  may 
deem  expedient,  and  to  ordain  and  establish  such  by-laws, 
ordinances  and  regulations  as  shall  be  necessary  for  the 
good  order  and  government  of  said  corporation  and  for  the 
management,  disposition  and  application  of  its  corporate 
property,  and  generally  to  execute  all  such  acts  and  powers 
requisite  to  the  full  exercise  of  the  powers  hereby  con- 
ferred and  not  contrary  to  the  laws  and  constitution  of 
the  state. 

§  7.  The  said  trustees  shall  have  power  to  levy  and 
collect  a  tax,  in  addition  to  the  state  and  county  taxes,  not 
exceeding  one  per  cent.,  on  all  lots  and  improvements  lying 
and  being  within  the  corporate  limits  of  said  town,  accord- 
ing to  valuation;  to  tax  and  license  public  shows  and  the- 
atrical amusements,  houses  of  public  entertainment,  tav- 
erns and  stores  in  said  town,  or  lying  at  the  landing  on 
the  river,  for  the  purpose  of  improving  the  streets,  bridges, 
public  commons  and  landings  along  the  river,  and  to  keep 
them  clean  and  in  good  repair,  and  to  defray  the  necessary 
expenses  of  said  corporation,  and  for  the  purpose  of  erect- 


241  1853. 

ing  such  buildings  and  works  of  public  utility  as  the  in- 
terests and  convenience  of  tlie  inhabitants  may  require, 
and  the  circumstances  render  necessary;  and  their  license 
so  granted  by  the  trustees  of  said  town  to' public  shows 
and  taverns,  shall  except  said  public  siiows  and  taverns 
from  obtaining  a  license  from  the  county  of  Jersey,  for  the 
privileges  granted  them  while  in  the  limits  of  the  corpora- 
tion of  said  tosvn,  but  shall  not  exempt  them  from  paying 
county  or  state  tax  according  to  valuation. 

§  8.  Said  trustees  may  adopt  such  modes  and  means  At^L^essmont;;  a 
for  the  assessment  and  collection  of  taxes  as  they,  may  taxcs!''^" 
from  time  to  time  Hx  upon  and  determine  by  ordinance, 
and  prescribe  the  manner  of  selling  property  when  the 
taxes  levied  and  assessed  upon  it  are  not  paid  :  Provided^ 
that  all  the  proceedings  shall  be  had  in  reference  to  delin- 
quent taxes  as  are  now  or  shall  be  required  by  the  revenue 
laws  for  the  collection  of  the  state  and  county  taxes,  and 
the  said  collector  shall  give  due  notice  by  publication  in  a 
newspaper,  if  any  shall  be  published  in  the  county  of  Jer- 
sey, and  make  application  to  the  county  court  of  Jersey 
county  for  judgment  against  said  delinquent  lands  and  lats, 
and  the  said  county  court  shall  have  jurisdiction  over  the 
same.  The  sales  of  said  lands  and  lots  shall  be  held  within 
the  corporate  limits  of  said  town,  and  the  said  constable 
shall  have  full  authority  and  power  to  make  and  execute 
all  deeds  and  conveyances  under  this  act  when  thereto 
directed  by  said  board  of  trustees. 

§  9.  That  when  any  town  lot  or  real  estate  shall  be  sale  fw  tax  s. 
sold  for  taxes  by  virtue  of  this  act,  the  same  may  be  re- 
deemed at  any  time  within  two  years  from  the  date  of  such 
sale  by  the  owner  of  such  property?  or  his  or  her  agent, 
executor,  administrator  or  other  representatives  paying 
to  the  t);easurer  of  said  town  t!ie  amount  of  redemption 
money  required  bj^  law  in  the  same  as  is  now  provided  or 
may  be  provided  for  redemption  under  sales  held  for  taxes 
under  the  revenue  laws,  and  the  same  rights  shall  be  secured 
to  minors,  femmes  covert,  etc.,  as  is  now  provided  by  lav/. 

§  10.  That  the  trustees  of  said  tovv^n,  or  a  majority  o£ 
theni,  shall  have  power  to  preserve  good  order  and  quiet' *>''^'^'"'**''' 
in  said  tov/n,  to  punish  public  indecency,  breaches  of  the 
peace,  bawdy  houses,  gaming  houses,  riots,  affrays,  shoot- 
ing within  the  limits  of  the  incorporation,  and  all  disorderly 
houses,  to  remove  obstructions  and  all  nuisances  from  the 
streets,  alleys,  public  ways  and  landings  of  said  town,  to 
keep  the  same  clean  and  in  good  repair,  for  which  purpose 
they  may  make  such  by-laws  and  ordinances  as  to  them, 
may  seem  necessary,  and  not  inconsistent  with  any  public 
law  of  this  state,  and  impose  fines  for  the  breach  thereof, 
which  fines  shall  be  recoverable  before  any  justice  of  the 
peace  residing  in  said  town;  and  all  suits  and  judicial  pro- 

[  Q  J 


1853. 


242 


ceedings  under  tiiis  act  on  behalf  of  said  corporation  shall 
be  brought  in  the  name  of  the  president  and  board  of  trus- 
tees of  the  town  of  Grafton. 

Violation uf  law.  §  H-  ^t  sllall  be  the  duty  of  any  justice  of  the  peace 
residing  in  said  town,  upon  complaint  on  oath  being  made 
to  him  of  the  violation  of  any  law  or  ordinance  of  said 
corporation,  to  issue  his  warrant  directed  to  any  constable 
to  apprehend  tiie  person  or  persons  so  offending,  and  bring 
iiim  or  them  forthwith  before  him,  and  if  it  shall  appear 
from  the  testimony  that  the  accused  has  been  guilty  of  the 
violation  of  any  la\v  or  ordinance  of  the  corporation,  the 
said  justice  shall  impose  such  fines  as  may  be  prescribed 
in  such  law  or  ordinance,  not  to  exceed  in  any  instance  the 
sum  of  fifty  dollars  :  Pr^ovided,  that  an  appeal  from  such 
decision  may  be  taken  to  the  circuit  court  of  the  county 
of  Jersey  as  in  other  cases,  and  all  fines  so  recovered  shall 
be  paid  into  the  treasury  of  said  corporation. 

n- pair  streets.  §  12.  It  sliall  be  the  duty  of  said  trustees  to  cause  all 
streets,  alleys,  public  roads  and  river  landings  in  said  cor- 
poration limits  to  be  kept  in  good  repair,  and  for  this  pur- 
pose they  are  authorized  to  require  all  the  male  inhabitants 
of  said  town,  over  the  age  of  twenty-one  years  and  under 
fifty,  to  labor  on  said  streets,  alleys,  roads  and  landings, 
not  to  exceed  five  days  in  each  year,  and  if  any  such  per- 
son shall  fail  or  refuse  to  perform  such  labor  after  notice 
from  the  street  commissioner  in  writing,  he  shall  forfeit  and 
pay  one  dollar  per  day  for  such  days,  not  exceeding  five, 
on  which  he  shall  fail  to  labor  according  to  said  notice,  to 
be  recovered  with  costs   before   any  justice  of  said  town. 

t;|.p.);>i  tnx.  §   1^'     That  upon  application  of  two-thirds  of  the  owners 

of  the  front  lots  on  any  block,  it  shall  be  lawful  for  the 
trustees  to  levy  and  collect  a  special  tax  on  the  owners  of 
the  lots  in  said  block,  according  to  their  respective  fronts, 
for  the  purpose  of  curbing  and  paving  the  side  walks. 

or.iiimnces.  §    14.     That  all  Ordinances  of  Said  towu  shall  bc  Written 

out  and  signed  by  the  president  and  clerk,  and  published 
in  a  newspaper,  or  posted  up  at  three  of  the  most  public 
places  in  said  town  for  ten  days  before  said  ordinance  shall 
be  in  force. 

§  15.  Justices  of  the  peace  and  constables  who  shall 
render  service  under  this  act  shall  be  entitled  to  have  and 
collect  the  same  fees  as  are  now  })rovided  for  by  law  in 
other  cases. 

§  16.  The  president  or  any  two  trustees  shall  have 
power  to  call  a  meeting  of  the  board  by  giving  one  day's 
notice  thereof,  and  a  majority  shall  constitute  a  quorum, 
but  a  minority  may  adjourn  from  time  to  time,  and  compel 
the  attendance  of  absent  members  ;  and  if  from  any  cause 
an  annual  election  shall  not  be  holden  at  the  ])roper  time, 
the  same  may  be   held  at  any  time  thereafter,  the  clerk  of 


X  243  1853. 

t'le  late  i)oarJ,  or  any  two  trustees  thereof,  glvim^  notice 
at  least  ten  Jays  previous  of  tiie  time  and  place  of  holding 
such  special  election. 

§  17.  The  qualified  voters  vvitiiin  the  corporation  shall,  votoonitnoipor^ 
at  the  first  annual  election  for  trustees,  vote  for  or  against  '"^'""* 
becoming  incorporated  under  this  act,  and  it  a  majority  of 
all  the  votes  given  at  said  election  be  in  favor  of  being  in- 
corporated, tlien  this  act  to  be  in  force,  otherwise  to  be 
null  and  void.  The  return  of  said  election  to  be  made  to 
the  clerk  of  the  county  cominissioners'  court,  who  shall 
examine  the  same  as  in  other  cases  of  elections,  and  it 
shall  be  the  duty  of  the  clerk  to  give  public  notice  by 
putting  up  or  causing  to  be  put  up  notices  in. writing,  in 
four  of  the  most  public  places  in  said  town,  of  the  result 
of  said  election,  and  if  this  act  shall  at  said  election  be 
accepted,  then  it  shall  be  lawful  for  tiie  board  of  trustees 
under  this  act  to  receive  and  collect  all  moneys  and  pro- 
perty belonging  to  said  incorporated  town,  and  they  are 
hereby  authorized  to  complete  and  close  up  any  outstand- 
ing business  of  said  town  and  liquidate  all  outstanding 
claims. 

§    18.     This  act  to   be  in  force  from  and   after  its   pas- 
sage. 


AN   ACT  to  incorporate  the  Murphy sboro  and  Grand  Tower  Plank  Road  in  force  Fti.  12, 
Company.  ^^^^• 

Section  1.  Be  it  enacted  by  the  people  oj  the  state  of 
I/li/iois,  represented  in  the  General  t.^ssemh/>/,  That  James  f'^'^p"''*"'""- 
Evans,  Benjamin  F.  Henson,  Richard  Worthen,  James  M. 
Morgan  and  John  M.  Hanson,  and  all  such  persons  as  shall 
hereafter  become  stockholders  in  the  company  hereby  in- 
corporated, their  assigns  and  successors,  be  and  tiiey  are 
hereby  chartered  and  constituted  a  body  corporate,  and 
by  the  name  of  the  "Murphysboro  and  Grand  Tower ^'a""' ^iistyi*- 
Plank  Road  Company,"  that  they  have  succession,  be  ca- 
pable of  suing  and  being  sued,  pleading  and  being  implea- Gon.rai  poweis. 
ded,  within  all  courts  of  thii  state,  of  contracting  and  being 
contracted  with,  of  purchasing,  selling,  holding  and  con- 
veying real  estate  and  personal  property,  so  far  as  may  be 
necessary  and  convenient  to  enable  them  to  build,  con- 
struct and  complete  a  plank  road  from  the  Big  Hill,  in 
Jackson  county,  across  the  Mississi})pi  Swamp,  at  or  near 
Kinkaid,  in  the  direction  of  Murphysboro,  in  Jackson 
county,  and  have  all  other  necessary  powers  to  ciirry  out  the 


1853. 


244 

privileges  and  franchises  herein  granted,  with  power  to 
make  by-laws,  rules  and  regulations  for  the  management 
of  its  property,  the  stock  of  said  company  and  to  regulate 
its  affairs.  i    n    i      x 

§  2.  The  capital  stock  of  said  company  shall  be  ten 
thousand  dollars,  in  shares  of  twenty-five  dollars  each, 
which  is  declared  to  be  personal  property,  transferable  by 
assignment.  When  the  capital  arising  from  said  stock  is 
invested  and  expended  in  the  objects  of  this  charter,  the 
stock  of  said  company  may  from  time  to  time  be  increased 
in  amounts  of  fifty  dollars  each  as  required  in  the  comple- 
tion of  said  work,  hut  said  stock  shall  not  be  increased  be- 
yond twenty  thousand  dollars. 

§  3.  Said  plank  road  company,,  when  said  road  is  con- 
structed in  whole  or  in  part,  may  collect  such  tolls  for  trav- 
eling thereon  as  the  county  court  of  Jackson  county  may 
determine.  , 

§  4.  If  any  person  shall  wilfully  do  or  cause  to  oe  done 
any  act  or  acts  whatever  whereby  any  damage  may  be  done 
to  said  road,  or  any  construction  or  work  of  said  corpora- 
tion, the  person  or  persons  so  offending,  on  conviction 
thereof,  shall  forfeit  and  pay  to  the  said  corporation  treble 
the  amount  of  damages  sustained  by  means  of  such  injury, 
to  be  recovered  in  the  name  of  said  corporation  in  any  court 
of  this  state  bv  action  of  debt,  trespass  or  trespass  on  the 
case,  with  costs  of  suit;  and  notliing  herein  contained,  m 
consequence  of  a  recovery  thereof,  shall  be  a  bar  to  the 
punishment  of  such  offenders  under  the  criminal  laws  of 

this  state.  .  r  ^  i  • 

§  5.  Said  company  shall  have  the  privilege  ot  taking 
and  using  the  timber  and  such  materials  as  are  necessary 
for  the  construction  of  said  plank  road  from  any  swamp 
lands  or  other  lands  belonging  to  the  state,  with  the  right 
of  way  through  the  same.  . 

§  6.  This  act  is  declared  to  be  a  public  act,  and  is  to 
be  construed  liberally,  to  promote  and  carry  out  the  ob- 
jects herein  intended. 

Approved  February  12,  1853. 


m  force  Feb. 
1853. 


AN  ACT  to  incorporate  the  Seneca  Plank  Road  Company. 

Section  1.  Be  it  enacted  hij  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Assembly,  That  all  such 
persons  as  shall  become  stockholders  agreeably  to  the  pro- 
visions of  this  act  in  the  corporation  hereby  created  shall 
be  and  continue  to  be  a  body  corporate  and  politic,  under 


245  1853. 

the  name  of  the  "Seneca  Plank  Road  Company,"  and  by  .Name.-»t.a  siy 
that  name  sliall  have  succession  forever;  may  sue  and  be 
sued,  complain  and  defend,  in  any  court  of  law  or  equity  in 
this  state;  may  make  and  use  a  common  seal,  alter  the  same 
at  pleasure;  may  make  by-laws,  rules  and  regulations  for 
ths\ppointment  of  officers  and  their  number,  and  for  the 
transfer  of  its  stock,  far  the  management  of  its  property, 
and  for  any  purpose  for  the  better  regulation  and  control- 
ino-  said  company,  not  inconsistent  with  the  laws  and  con- 
stitution of  tlie  United  States  or  of  this  state  ;  may  appoint 
subordinate  officers,  and  require  of  them  and  their  agents 
such  security  as  may  be  deem_cd  necessary  under  the  said 
restrictions,  to  carry  out  and  sustain  said  corporation  in  the 
exercise  of  its  powers. 

§  2.  Said  corporation  shall  have  power  and  the  rightaenera;  powe 
to  construct,  and  during  its  continuance,  to  maintain  a  plank 
road  of  such  width  as  maybe  deemed  advisable  by  the  di- 
rectors of  said  company,  and  upon  the  usual  and  best  mode 
of  constructing  the  same,  with  such  appendages  as  may  be 
deemed  necessary  for  the  convenient  use  of  the  same,  from 
the  Illinois  river,'  in  the  town  of  Manlius,  and  county  of 
La  Salle,  in  a  northwardly  direction,  to  Cratty's  v/arehouse, 
now  erected  on  the  north  side  of  the  Illinois  and  Michigan 
Canal ;  thence  north  to  Cratty's  store,  and  from  thence  to 
Seneca  Station,  sec.  23,  on  the  Chicago  and  Rock  Island  ^^^^^^  ^^ 
Railroad,  with  the  right  to  construct  branch  roads  from  stniL  " 
such  proper  and  convenient  points  as  in  the  judgment  of 
said  directors  shall  best  promote  the  interest  of  said  com- 
pany ;  also,  to  build  a  j)lank  road  in  a  northwardly  direc- 
tion from  Seneca  Station  to  such  point  on  Fox  river  as 
shall  be  determined  by  the  directors  of  said   company  as  ^ 

most  favorable  to  the  interests  of  same. 

8   3.     Tlic  capital  stock   of  said   company  shall  be  one  capuai  stock. 
hundred  thousand  dollars,  which  shall  be  considered  per- 
sonal property,  and  divided  into  shares  of  one  hundred  dol- 
lars each. 

§  4.  That  Jeremiah  Cratty,  Franklin  Maxcy,  James  commissionei 
Macklin,  Solomon  S.  Bell  and Holderman,  or  a  ma- 
jority of  them,  shall  be  commissioners  for  receiving  such 
subs'crip'tions  to  the  capital  stock  of  said  company,  who 
shall,  by  notices  in|a  public  newspaper  or  papers  in  La- 
Salle  county,  and  also  by  affixing  notices  in  three  of  the 
most  public  places  on  the  line  of  said  road,  and  also  three 
notices  in  the  town  of  Manlius,  setting  forth  when  and  where 
the  books  \*[11  be  opened  for  receivhig  subscriptions  to  the 
capital  stock  of  said  corporation,  at  least  thirty  days  before 
the  opening  of  said  books.  The  books  shall  be  opened  at 
least  three  days  in  Manlius,  and  one  day  each  at  such  points 
on  the  line  of  the  road  as  shall  be  designated  by  said  notices. 


1853.  246 

i;u!,sTi[)tioi.s.  §  5.  The  said  commissioners  may  solicit  and  receive 
subscriptions  from  time  to  time  at  their  pleasure  after  open- 
ing said  books  at  their  different  places  designated,  until 
they  shall  have  subscriptions  of  shai-es  of  said  stock  to  the 
amount  of  three  liiousand  dollars.  When  this  amount  shall 
be  subscribed  the  said  commissioners  shall  notify  the  said 
subscribers  by  a  written  or  printed  notice  left  at  the  place 
of  residence  of  each  subscriber,  setting  forth  that  the 
amount  of  three  thousand  dollars  of  the  stock  of  said  com- 
pany has  been  subscribed,  and  that  he  is  notified  to  attend 
at  a  day  and  place  fixed  in  said  notice,  at  least  thirty  days 
from  the  time  of  giving  said  notice,  to  elect  five  directors 
by  a  majority  of  subscribers,  to  be  styled  a  board  of  direc- 
tors, to  manage  the  affairs  of  the  Seneca  Plank  Road  Com- 
pany, a  majority  of  whom  shall  forn\  a  quorum  to  do  busi- 
ness. 
xotes.  §   6.     When  any  subscription  to  t!ie  capital  stock  of  said 

company  is  made,  it  shall  be  the  duty  of  tlie  said  commis- 
sioners receiving  the  same  to  have  printed  blank  notes  in 
readiness  for  subscribers  to  said  stock  to  sign,  which  said 
notes  shall  read  as  follows  : 

"I,  A.  B.,  (as  the  case  may  be,)  in  consideration  of  the 
effort  now  making  to  construct  a  plank  road  by  the  Seneca 
Plank  Road  Company,  do  hereby  agree  to  pay  the  sum  of 
to  the  treasurer  of  the  Seneca  PJank  Road  Compa- 
ny, ten  per  cent,  of  which  I  agree  to  pay  forty  days  after 
there  has  been  three  thousand  dollars  of  the  caj)ital  stock 
of  said  plank  road  company  subscribed,  and  thereafter  ten 
per  cent,  of  t!ie  whole  sum  above  mentioned  each  tliree 
months,  until  the  amount  is  fully  paid.  In  default  of 
any  of  the  above  payments,  after  I  have  bi  en  notified 
of  such  payments  having  become  due  as  above,  the 
treasurer  of  said  company  is  hereby  authorized  and  em- 
powered to  confess  a  judgment  for  me  and  in  my  name, 
and  in  any  court  having  jurisdiction,  which,  may  and  shall 
be  as  effectual  and  as  good  in  law  against  nie  and  my 
property  as   if  I    confessed   the  same  in  my  own  proper 

person.     Given  under  my  hand  and  seal,  this day  of 

,  A.  D.  185-.  ^L.  s.  1 

Defftuit  In  pay-      §   '^ '     I"  ^^l   cascs  wliere  there  is  a  default  in  the  pay- 
ment.            m^.v\\.  of  stock  notes,  as  above,  the  affidavit  of  the  treasur- 
er of  said  company  that  the  j)ay  was  due,  according  to  the 
provisions  of  such  stock  iiote  presented  for  judgment,  shall 
be  suflicient  evidence  to  allow  the  confession  of  judgment 
on  said  note  against  the  maker  tiiereof.             ^ 
.on.m,..ionovsto,,  ^  '^-     Ini'^.^'d lately  after  the  election  of  directors  and 
deliver iw.k.s.    tliB  Organization  ot  ssid  board,  trie  commissioiiers  shall  de- 
liver to  said  directors  or  their  treasurer  the  whole  amount 
of  money  and  notes  received  by  them  on  subscription  ta 
paid  stock.  '^  ' 


247  1853. 

§  9.  The  said  corporation  is  authorized,  as  soon  as  the  commence  « 
the  board  of  directors  are  elected  as  aforesaid,  to  com-  ''^'"''"^'"• 
inencc  the  construction  of  said  road,  and  as  soon  as  one 
mile  of  said  road  is  completed,  said  corporation  may  erect 
gates  thereon  and  collect  the  toils  allowed  by  this  act; 
and  it  shall  be  the  duly  of  said  corporation,  when  said  road 
shall  liave  been  completed,  and  gates  erected  there  on,  to 
keep  it  in  good  order  and  repair,  and  wiienever  the  said 
road  from  any  cause  shall  have  been  injured  the  said  cor- 
poration shall  immediately  proceed  to  repair  the  same. 
The  said  corporation  shall  have  power  to  borrow  money 
at  a  rate  not  to  exceed  twelve  per  cent,  per  annum  for 
any  time  to  suit  the  convenience  of  said  company. 

§  10.  The  said  corporation  shall  have  power  to  fixToii. 
and  regulate  the  toil  to  be  charged  and  paid  for  traveling 
and  passing  on  said  road  ;.  the  rates  so  fixed  shall  be  print- 
ed and  posted  up  at  each  toll-gate,  and  it  shall  be  lawful 
for  any  toll-gatherer  to  stop  and  detain  any  person  going 
on  said  road  until  the  toll  properly  chargeable  shall  have 
been  paid,  aiid  the  tolls  collectable  from  those  passing 
along  a  portion  of  the  line  of  said  road,  less  than  half  the 
length  of  said  road,  shall  be  charged  only  half  the  regular 
toll  as  fixed  by  said  company,  and  posted  up  in  said  toll-gate 
houses. 

§  11.  The  said  corporation  may  erect  and  maintain  asndg?. 
bridge  on  the  line  of  their  road  across  the  Illinois  and 
Michigan  Canal :  Provided.)  that  the  span  of  such  bridge 
shall  not  be  less  than  the  span  of  other  bridges  across  said 
canal,  and  not,  in  any  manner,  interfere  with  the  naviga- 
tion of  tlie  canal ;  and  said  corporation  may  also  construct  a 
bridge  across  the  Illinois  river  at  the  point  where  their  road 
intersects  the  said  river. 

§  12.  There  shall  be  mile  posts  erected  on  said  road, '"■'^ ''"*"' 
and  if  any  person  shall  cut  dov^^n,  deface,  tear  up,  or  in 
any  other  way  injure  said  mile  posts,  or  injure  the  road  by 
any  means  whatever,  except  by  natural  wear,  he  or  she  so 
injuring  said  road  shall  pay  to  said  company  three  times 
the  costs  of  such  injury,  to  be  collected  before  any  court 
having  jurisdiction. 

§  13.  The  said  corporation  is  hereby  authorized  to  io-^'^'^'^  "^  "'^•' 
cate  and  construct  said  plardc  road  over  any  lands  owned 
by  this  state  iv^Q  of  charge,  or  by  individuals  on  the  route 
of  said  road  :  Provided,  said  company  shall  not  take  land 
to  exceed  eighty  feet  in  width  on  said  route  :  and  is  au- 
thorized to  acquire,  by  voluntary  cession  or  purchase  from 
the  owners,  the  right  to  construct  said  road  over  the  land 
of  any  individual,  or  cor[)oration,  or  company  on  said 
route;  and  in  ca^-e  said  company  cannot  obtain  the  right  to 
construct  said  road  over  tiie  lands  owned  by  individuals, 
or  company,  or  corporation,  by  voluntary  cession  or  pur- 


1853.  248 

chase,  it  shall  be  lawful  for  said  company  to  appropriate 
and  use  so  much  of  said  land  as  shall  be  necessary  for  the 
proper  construction  of  said  road  on  complying  with  the 
following  conditions. 

ion    county      §   14.     TJie  directors  of  said  road  may  present  a  pe- 

'^'"  tition  to  the  judge  of  any  court  of  record  in  any  county  in 

which  such  lands  may  be,  to  which  said  corporation  is  un- 
able to  acquire  title  as  aforesaid,  setting  forth  by  some 
proper  description  the  land  wanted  for  tlie  construction  of 
said  road  and  the  appendages  thereto,  and  the  names  of 
the  owners  thereof,  if  known,  distinguishing  with  conven- 
ience, if  it  can  be  done,  the  parcels  claimed  in  gencralty 
by  the  respective  owner.'^,  and  praying  for  the  appointment 
of  appraisers  to  assess  the  damage  the  owners  of  said  land 
will  generally  sustain  by  reason  of  the  appropriation  there- 
of by  the  said  corporation  for  the  use  aforesaid. 

oijudge.  §  15.  The  said  judge,  on  receiving  the  said  petition 
from  the  directors  ol  said  corporation,  sliall  proceed  to  ap- 
point three  discreet,  disinterested  freeholders,  who  shall 
be  sworn  by  said  judge  to  take  into  consideration  all  the 
advantages  and  disadvantages  of  said  land  sought  to  be 
crossed  by  the  said  road,  and  if  the  advantages  are  consid- 
ered to  be  equal  to  the  disadvantages,  there  shall  be  no- 
thing allowed,  but  if  it  shall  be  considered  that  the  disad- 
vantages of  said  road  are  greater  than  the  advantages,  the 
said  appraisers  shall  make  such  reasonable  awards  of  dam- 
ages as  they  may  tliink  the  owner  thereof  has  sustained. 

.li^enient.  §  16.  That  when  tlie  appraisers  aforesaid  have  made 
a  full  and  entire  appraisement  of  such  lands  petitioned  to 
be  appraised,  they  shall,  within  ten  days,  make  a  full  re- 
port of  such  appraisement  to  the  judge  of  said  court,  who, 
on  receiving  the  same,  shall  make  a  decree  that  a  judg- 
ment shall  be  entered  of  record  by  the  clerk  of  said  court 
against  said  company  for  the  benefit  ai.d  in  favor  of  those 
to  whom  damages  are  awarded,  and  when  such  judgment 
shall  be  fully  paid  by  said  company  they  shall  have  all  the 
rights  and  privileges  tliat  they  could  have  had  the  right 
of  way  been  ceded  to  the  company  ;  and  also  the  said  judge 
sha  1  decree  that  all  such  lands  as  were  not  considered  by 
said  appraisers  to  be  damaged  by  said  road  passing  through 
to  be  free  to  said  company. 
in;;. lenses  §  17.  Tlic  clerlc  of  said  court,  on  entering  up  the  de- 
crees of  said  court  as  aforesaid,  shall  make  out  a  t\dl  cer- 
tificate, under  the  seal  of  the  court,  setting  forth  the  fact  that 
the  said  company  Lave,  under  the  decree  of  said  court, 
obtained  the  full  right  of  way,  mentioning  fully  the  right 
of  way  granted. 

§  18.  Should  the  said  commissioners  mentioned  in  tlii^ 
act  fail  to  obtain  su!)Scription  to  the  full  amount  of  the 
capital  stock  of  said  company,  those  persons  who  do  sub- 


249  1853. 

scribe  may  pay  their  money  in,  and  at  any  time  tiiey  may 
agree  proceed  to  elect  directors  of  said  company,  and  also 
to  do  all  things  necessary  to  carry  every  section  oi'  this 
act  into  operation. 

Approved  February  12,  1853. 


AN  ACT  to.i:;corporat??  the  Wooiiford  Coiintv  Pia;ik  Road  Company.      inforcc  Feii.  I'J. 

1853. 

Section  1.  Be  it  enacted  hy  the  people  of  the  state 
of  Illinois,  represented  in  the  General  ^'9ssembl>/,  That 
Ira  Y.  Munn,  Harlow  Barney,  Jefferson  Hushaw,  R.  C.  corporators. 
Dement,  M.  McManus,  P.  H.  Wiilard,  H.  L.  S.  Haskill, 
George  Ray,  L.  C.  Biaksley,  J.  W.  Brinna,  John  Page,  S. 
J.  Cross,  Peter  Doty,  John  J.  Perry,  Robert  I.  Cassel, 
James  S.  Whitmore,  and  their  associates  and  successors, 
be  and  are  liereby  constituted  a  body  corporate  and  politic, 
to  have  perpetual  existence  and  succession,  to  be  known 
as  "The  Woodford  County  Plank  Road  Company,"  and  Name  and  styip. 
by  that  name  and  style,  may  contract  and  be  contracted 
with,  sue  and  be  sued,  plead  and  be  impleaded,  as  a  natural 
person,  and  shall  be  so  recognized  in  courts  of  law  and 
equity,  and  have  a  common  seal,  alter  the  same  at  pleasure  ;  General  powers. 
and  they  shall  have  })Ower,  in  their  corporate  name,  for  the 
use  of  said  corporation,  to  purchase  and  hold  such  real 
•estate  as  may  be  necessary  for  the  free  enjoyment  of  all 
privileges  herein  granted,  for  the  purpose  of  constructing 
a  plank  road  from  the  town  of  Spring  Bay,  in  Woodford 
county,  to  and  through  Metamora  to  a  point  on  the  Illinois 
Central  Railroad,  not  m.ore  than  five  miles  north  or  south 
of  a  due  east  line  from  Metamora. 

§  2.  Said  corporation  may,  by  theirboard  of  directors,  uy-uiwB. 
make  by-laws,  rules  and  regulations  for  tlie  management 
of  their  property,  regulation  of  their  affairs,  and  for  the 
transfer  of  their  stock,  not  inconsistent  with  the  constitu- 
tion and  laws  oS  the  United  States  or  of  this  state  ;  and, 
also,  may  erect  and  maintain  one  or  more  warehouses  at 
the  eastern  and  western  terminus  of  said  road. 

§   3.     The    capital    stock    of    said     company    may    be  Capita;  stwv. 
seventy-five    tliousand  dollars,   which  shall  be  considered 
personal  property,  and  be  divided  into  shares  of  twenty- 
five  dollars  each. 

§   4.     Tiiat  Ira  Y.  Munn,  Harlow  Barney,  John  J.  Perry,  commisstoners. 
Peter  Doty  and   S.  J.   Cross,  or    a  majority  of  them,  shall 
be  commissioners  for  receiving  subscriptions  to  the  stock 
of  said  company,  when    and    where,  and  after  such  notice 
as  they  or  a  majority  of  them   shall  agree;   and  they  may 


185:5.  250 

require  partial  payments  thereof  from  time  to  time  before 
the  subscriptions  sliall  all  be  tak'?n. 

.^•eiiKiit   of      §  ^*     The  atfairs  of  said  company  shall  be  managed  by 

''"•  five  directors,  three  of  whom  shall  be  a  quorum  to  do  and 

perform  the  business  of  said  company,  who  shall  be  chosen 
as  soon  as  the  sum  of  fifteen  thousand  dollars  shall  be  si.b- 
scribed  to  the  stock  of  said  company.  Said  directors  shall 
continue  in  office  one  year,  and  until  tlieir  successors  shall 
be  qualified;  they  shall  be  chosen  by  the  stockholders,  each 
of  wliom  may  vote  personally  or  by  proxy,  casting  as  many 
votes  as  each  may  own  shares  of  stock.  The  first  election 
of  directors  shall  be  held  at  the  time  and  place  appointed 
by  the  commissioners,  and  all  subsequent  elections  may  bo 
held  and  regulated  according  to  the  by-laws  of  the  company. 
§   6.     Upon   the   election  of  directors   and  organization 

inissioncrs  of  tlieir  board,  the  said  commissioners  shall  deliver  to  said 
directors  all  moneys  received  by  them  on  subscriptiDns  of 
stock  and  books  of  subscription,  and  other  property  of 
said  company. 

'-lou.Mi  §   '^'     '^'^^  ^^'^^  corporation  is  authorized,  as  soon  as  the 

board  of  directors  are  elected,  to  commence  the  construc- 
tion of  said  road,  and  as  soon  as  any  two  miles  thereof 
shall  be  completed,  may  erect  toll-gates  thereon,  and  col- 
lect the  toils  thereon,  at  any  rate  not  exceeding  three  cents 
per  mile  for  any  vehicle  drawn  by  two  horses,  and  other 
teams  in  proportion.  The  said  company  may  have  power 
to  borrow  not  exceeding  twenty  thousand  dollars,  in  such 
mode  as  they  may  elect,  to  aid  in  constructing  the  said 
road. 

§  8.     Said  company  may  procure,  by  purchase  or  gift, 

iof"ay.  fj.QYa  the  owners  thereof,  any  lands  or  the  right  of  way 
over  any  lands  necessary  for  the  continuation  of  said  road, 
and  the  otlier  purposes  of  this  corporation  as  herein  speci- 
fied, and  m.ay  also  agree  for  the  use  of  any  part  of  a  public 
highway  tor  the  construction  of  said  road,  with  the  county 
court  of  the  county  in  wliich  such  highway  may  be  situated- 
Such  agreement  with  said  court  shall  be  in  writing,  and 
shall  be  filed  and  recorded  in  the  oflice  of  the  clerk  of 
said  court.  Before  constructing  said  roagl  said  company 
shall  cause  an  accurate  survey  of  said  road,  or  such  por- 
tion of  the  same  there  proposed  to  be  built,  to  be  made  by 
a  practical  surveyor,  signed  by  a  majority  of  the  directors, 
acknowledged  by  them  and  filed  in  the  olfice  of  the  clerk 
of  the  county   court. 

§  9.  The  route  surveyed  as  aforesaid  shall  be  the  route 
of  said  road,  unless  altered  by  the  directors,  and  in  that 
case  such  alterations  shaU  be  signed,  acknowledged  and 
filed  as  aforesaid,  and  the  said  company  may  thereuj)on 
enter  upon,  take  and  hold,  subject  to  the  provisions  of  this 


251  1853. 

act,  all  such  lands  as  the  said  survey  or  alterations  thereto 
shall  describe  as  necessary  for  the  construction  of  said 
road,  and  that  may  be  necessary  to  carry  out  the  ])rovisions 
of  tliis  act;  but  before  entering  upon  any  such  ionds,  the 
company  sliall  purchase  the  same  of  the  owners  thereof, 
or  pursuant  to  the  piovisions  of  this  act,  acquire  the  right 
to  enter  u})on  and  hold  the  same. 

5  10.  If  any  owner  of  any  such  land  shall  from  any  iMnion  cowny 
cause  be  incapable  of  selling  the  same,  or  if  said  company  J'"'='^- 
cannot  agree  witli  such  owner  for  the  purchase  thereof,  or 
if  after  diligent  inquiry  tlie  name  and  residence  of  any 
such  owner  cannot  be  ascertained,  or  if  such  owner  be  a 
non-resident  of  this  state,  the  compan)'  may  present  to  the 
county  judge  of  the  county  in  which  the  lands  lie  a  peti- 
tion setting  forth  the  grounds  of  the  application,  a  descrip- 
tion of  the  lands  in  question,  and  the  name  and  residence 
of  such  owner,  if  known,  and  the  means  that  have  been 
taken  to  ascertain  the  name  and  residence  of  sucli  owner, 
if  unknown,  and  praying  that  the  damages  of  the  owner  of 
the  lands  described  in  the  petition  may  be  ascertained  by 
said  court. 

§  11.  Upon  receiving  such  petition  the  said  judge  Duly  of  county 
shall  appoint  a  time,  at  some  regular  or  special  term  of  the  J"^^*^" 
county  court  of  the  count}^,  for  the  hearing  of  the  petition. 
At  least  ten  days'  notice  of  the  time  and  place  of  the  liear- 
ing  of  the  petition  shall  be  served  persorTally  upon  each 
owner  of  the  lands  described  in  the  petition,  if  he  resides 
in  the  county  where  said  lands  are  situated,  and  said  notice 
shall  be  served  on  all  others  in  like  mariner,  or  by  publica- 
tion thereof  in  some  newspaper  published  in  the  county  in 
which  the  lands  lie,  and  if  there  are  none  published  in  said 
county,  then  in  some  newspaper  published  in  an  adjoining 
county,  the  first  of  which  publications  shall  be  at  least 
sixty  days  before  the  hearing. 

§  12.  At  the  time  appointed  for  the  hearing,  the  county 
court  sliall,  after  hearing  tlie  evidence  offered  by  the  par- 
ties, assess  and  determine  the  damages  which  the  owner 
will  derive  from  the  building  of  said  road.  The  assess- 
ment of  the  court  shall  contain  the  name  of  the  owner,  if 
known,  and  an  accurate  description  of  the  lands  to  be 
taken,  and  shall  be  entered  of  record  by  the  clerk  of  said 
court,  and  such  assessment  shall  be  final,  subject  only  to 
the  right  of  appeal  by  either  party  to  the  circuit  court,  on 
the  same  terms  as  is  by  law  provided  for  appeals  from  the 
county  court  in  other  cases. 

§   13.     Within  thirty  days  after  the  assessment  of  dam-  Appeal. 
ages  by  the    county    court  as   aforesaid,  or   after  the  final 
trial  in  tlie  appellate  court,  if  any  appeal  be   taken,  or  at 
least  before  the  said  company  shall  take  possession  of  said 
land,  the  said  company  shall  pay  to  the  person  entitled  to 


1853.  252 

receive  the  same  tlie  amount  assessed  as  such  damages,  or 
sliall  make  a  legal  tender  thereof  to  him,  and  in  case  the 
owner  or  person  entitled  to  receive  the  same  is  a  non-resi- 
dent, or  not  a  resident  of  the  county  wherein  said  assess- 
ment is  made,  or  unknown,  and  proof  being  made  of  such 
fact  by  affidavit,  the  county  judge  shall  order  the  amount 
due  such  owner  to  be  deposited  with  the  county  treasurer 
of  the  county  in  which  the  lands  lie,  for  the  use  of  the 
owner.  Thereupon  the  said  company  may  take  possession 
of  said  lands^and  hold  the  same  in  tiie  same  manner  as 
those  acquired  by  purchase  or  gift,  for  the  purposes  of 
said  road. 

penauy),,.'  inju-  §  H.  If  any  pcrsou  or  persons  shall  wilfully  cut  down 
'^-  or  break,  deface  or  injure  any  mile  post  or  posts  on  any  such 

road,  or  shall  wilfully  cut  or  throw  down,  break  or  'injure 
any  gate,  fence  or  appendage  erected  on  said  road,  or  wil- 
fully tear  up,  displace,  break  or  injure  in  any  way  said 
road,  or  any  thing  thereunto  belonging  or  being  an  appen- 
dage for  the  use  and  convenience  of  such  road,  he  or  they 
shall,  respectively  and  individually,  forfeit  and  pay  to  said 
company  three  times  the  amount  of  damage  actually  done, 
and  in  every  instance  he  or  she  shall  forfeit  and  pay  at  least 
the  sum  of  twenty-five  dollars.  If  any  person,  to  avoid  the 
legal  tolls  chargeable  on  said  road,  turn  off  said  road  and 
pass  around  and  avoid  any  gate  on  said  road,  he  or  s!ie 
shall  forfeit  and  pay  to  said  company,  for  every  offence,  the 
sum  of  ten  dollars.  If  any  person  shall  forcibly  pass  any 
toll-gate  on  said  road  without  having  paid  the  legal  toll  as 
fixed  by  the  directors,  without  the  permission  of  the  toll- 
collector,  he  or  she  shall  forfeit  and  pay  to  said  company 
the  sum  of  twenty-five  dollars  for  each  offence. 

Rff.;iveryof  pen-      §     15.^  All  penalties    and    forfeitures    incurred    under 

^'""'-  the  provisions  of  this  act   may  be  recovered  by  action  of 

debt  in  any  court  having  cognizance  thereof;' and  when 
the  penalty  or  forfeiture  docs  not  exceed  one  hundred  dol- 
lars the  same  may  be  prosecuted  and  reco\ered  before^ 
any  justice  of  the  peace  of  the  county  where  the  offender 
or  offenders  may  be  found.  All  suits  by  and  against  said 
company  shall  be  brouglit  and  prosecuted  to  judgment  in 
and  by  their  said  corporate  name. 

Transfer  of  stock  §  1^.  The  sliares  of  this  company  may  be  transferred 
by  assignment,  and  any  subscriber  to  the  capital  stock  of 
said  company  sliall  not  be  responsible  beyond  tlie  actual 
amount  of  stock  by  him  subscribed. 

woo.((or(i county  §  17.  That  the  county  of  Woodford  may  subscribe  to 
b"tocic. '""'"""^  *^^i*^  capital  stock  of  said  company  any  sum  not  exceeding 
twenty  thousand  dollars,  and  it  shall  be  the  duty  of  the 
judge  of  the  county  court,  before  subscrijing  to  said  cap- 
ital stock,  to  give  notice  iind  cause  an  election  to  be  held 
at  the  usual  placeof  holding  elections  in  .^aid  county;  which 


253  1853. 

election  shall  be  conducted  as  other  elections,  and  the  re- 
turn of  the  votes  made  and  canvassed  as  in  other  eases, 
and  if  a  majority  of  the  votes  cast  at  said  election  shall  be 
in  favor  of  subscribing  to  said  capital  stock,  tiien  the  said 
county  judge  shall  subscribe  to  the  capital  stock  of  said 
company  the  amount  voted  for  at  such  election. 

§  18.  The  county  judge  may,  if  the  majority  of  said 
votes  cast  at  said  election  shall  be  in  favor  of  taking  stock 
in  said  company,  issue  the  bonds  of  said  company  for  the 
payment  of  said  stock  in  any  sum  not  less  tlian  five  hundred 
dollars,  and  bearing  interest  not  exceeding  eight  per  cent, 
per  annum,  and  payable  not  exceeding  twenty  years.  Said 
interest  shall  be  payable  annually. 

§   19.     Said  stock  subscribed  by  said  county   shall  be  stock^^^ubscnbed 
under  the  direction  of  the  county  court. 

§  20.  This  act  of  incorporation  is  hereby  declared  a 
public  act. 

Approved  Feb.  12,  1853, 


AN  ACr  to  incorporate  the  town  of  Dixon,  in  Lee  county.  m  force  Feb,  to, 

Section  1.  Be  it  enacted  hy  the  people  of  the  state  of 
llhmm,  represented  in  the  General  Jlssembly^  That  the  Body  ^wrat" 
inhabitants  and  the  residents  in  the  town  of  Dixon  are 
hereby  made  a  body  corporate  and  politic,  in  law  and  in 
fact,  by  the  name  and  style  of  "  The  President  and  Board 
of  Trustees  of  the  Town  of  Dixon  ;"  and  by  that  name  shall 
have  perpetual  succession  and  a  common  seal,  which  they 
may  alter  at  pleasure,  and  in  whom  the  government  of  the 
corporation  shall  be  vested,  and  by  whom  its  affairs  shall 
be  managed. 

§  2,  The  boundaries  of  said  incorporation  shall  include  Boumiary. 
the  east  half  and  the  northwest  quarter  of  section  number 
five,  and  the  west  half  of  the  northwest  quarter  of  section 
number  four,  in  township  twenty-one,  and  the  east  [half]  of 
section  number  thirty-two,  and  the  fraction  south  of  Rock 
river  of  the  southeast  quarter  of  said  section  number  thir- 
ty-two, in  township  twenty-two,  of  range  number  nine, 
east  of  the  fourth  principal  meridian,  in  tiie  Dixon  land 
district. 

§  3.  There  shall,  on  the  first  Monday  of  March  next.  Election. 
and  on  the  first  Monday  of  March  annually  thereafter,  be 
elected  five  trustees,  wlio  shall  hold  their  offices  for  one 
year  and  until  their  successors  shall  be  elected  and  qual- 
ified. Public  notice  of  the  holding  of  said  first  election 
shall  be  given  by  the  president  and  trustees  of  said  town, 


1853.  254 

then  in  office,  as  iieretofore  incorporated,  and  of  every 
subsequent  election  by  the  president  and  trustees  tlien  in 
office,  by  an  ad\'ertisement  published  in  a  newspaper  in 
said  town,  or  if  there  shall  be  no  such  newspaper  by  post- 
ing such  notice  in  at  least  three  public  places  in  said  town 
at  least  teii  days  before  the  day  of  election.  No  person 
shall  be  a  trustee  of  said  town  wlio  has  not  arrived  at  the 
age  of  twenty-one  years,  and  who  has  not  resided  in  said 
town  one  year  next  preceding  his  election.  All  free,  white 
male  citizuns  of  l!ie  state,  over  twc-nty-ono  years  of  age, 
who  shall  have  resided  in  said  town  for  three  months  next 
preceding  an  election,  shall  be  entitled  to  vote  at  any  town 
election.  The  said  trustees  shall,  at  their  first  meeting, 
proceed  to  elect  one  of  their  body  president,  and  shall  have 
power  to  fill  all  vacancies  in  said  board  which  may  be  oc- 
casioned by  death,  resignation,  or  removal,  or  six  months' 
absence  from  the  town,  and  to  appoint  a  clerk,  an  assessor, 
a  treasurer,  a  street  inspector  and  a  town  constable — each 
of  said  officers  to  give  bond  and  security  in  such  amount 
as  the  trustees  may  require — and  it  shall  be  the  duty  of  said 
constable  to  collect  all  fines  and  serve  all  processes  at  the 
suit  of  the  corporation,  and  to  do  such  other  matters  and 
things  pertaining  to  the  office  as  may  be  required  of  him  by 
the  ordinances  and  by-laws  of  said  corporation. 

§  4.  The  said  corporation  is  hereby  made  capable  in 
law  to  take  and  hold,  themselves  and  their  successors,  any 
lands,  tenements  and  herediments,  and  the  rents,  issues  and 
profits   thereof,  which   may  be  necessary  for   the  erection 

obi!iuii;n;».  and  support  of  any  public  school  house  or  houses,  market 
houses  or  other  public  buildings,  or  for  the  purpose  of  a 
burying  ground,  which  burying  ground  may,  if  they  think 
fit,  be  held  and  owned  outside  of  the  limits  of  the 
town;  and  all,  or  any  of  the  same,  to  grant,  sell  and  dis- 
pose of  if  necessary  ;  and  for  the  purpose  of  buying  any- 
such  lands  or  of  erecting  any  such  buildings,  to  negotiate 
loans  and  borrow  money  on  the  credit  of  such  corporation 
in  such   manner  and  on  such  terms  as  to   them  rl.all  seem 

t,.  best.     They  shall  also  have  power  to  regulate,  grade,  pave 

and  improve  the  streets  and  alleys  within  the  limits  of  said 
towxi^  and  to  extend,  open  and  v/iden  the  same,  making  the 
persons  injured  thereby,  or  by  reason  of  any  acts  done  by 
virtue  of  the  provisions  of  this  act,  adequate  compensation, 
to  ascertain  which  the  board  !.diall  cause  to  be  summoned 
six  good  and  lawful  men,  freeholders  and  inhabitants  of  said 
town,  not  directly  interested,  who  being  first  duly  sworn  for 
tlie  purpose  beibre  any  justice  of  the  peace  residing  in  said 
town,  shall  inquire  into  and  take  into  consideration  as  well 
the  benefits  as  the  injury  which  may  accrue,  ajid  estimate 
the  damages  which  would  be  sustained  by  reason  of  the 
opening,  extending  or  widening  of  any  street,  avenue,  lane 


255  1853. 

or  alley,  and  shall,  moreover,  estimate  the  amount  which 
other  persons  will  be  benefited  thereby,  a]id  shall  contribute 
towards  compensating  the  person  injured  ;  all  of  which 
shall  be  returned  to  tlie  board  of  trustees  under  their  hands 
and  seab,  and  the  person  who  shall  be  benefited  and  so 
assessed  shall  pay  tiieir  assessment  in  such  manner  as  shall 
be  provided  by  said  board,  and  the  residue,  if  any,  sliidi  be 
paid  out  of  the  town  treasury  ;  and  said  corporation  shall 
have  power  to  sue  and  be  sued,  plead,  answer  and  be 
answered,  in  any  court  whatever. 

§  5.  The  trustees  aforesaid,  and  their  successors  inR„i,.s  mui  rrgu- 
office,  or  a  majority  of  them,  shall  have  full  power  and  au-  '"iions. 
thority  to  establish  such  rules  and  regulations  for  their 
government  and  direction,  and  for  the  transaction  of  the 
business  and  concerns  of  the  corporation  as  they  ma})  deem 
expedient,  and  to  ordain,  establisii  and  put  into  execution 
such  by-laws,  ordinances  and  regvdations  as  to  them  shall 
seem  necessary  for  the  government  of  said  corporation, 
and  for  the  management,  control,  disposition  and  applica- 
tion of  its  corporate  property,  and  generally  to  do  and  ex- 
ecute all  and  singular  such  acts,  matters  and  things  which 
to  them  may  seem  necessary,  and  not  contrary  to  the  con- 
stitution and  laws  of  this  state. 

§  6.  The  said  trustees  shall  have  power  to  levy  and  Levy  an.i  ..oiiect 
collect  a  tax  not  exceeding  one-half  of  one  per  cent,  on  ^^""" 
all  real  estate  lying  and  being  within  the  incorporate  limits 
of  said  tov."n,  according  to  valuation;  to  tax  public  shows 
and  houses  of  public  entertainment,  taverns,  stores  and 
groceries,  for  all  revenue  purposes  ;  and  said  trustees  may 
adopt  sucli  modes  and  means  for  the  assessment  and  col- 
lection of  taxes  as  they  may  from  time  to  time  fix  upon 
and  determine,  and  prescribe  the  manner  of  selling  property 
when  the  tax  assessed  thereon  shall  not  be  paid  :  Provided^ 
no  sale  of  any  town  lots  or  other  real  estate  shall  be  made 
until  public  notice  of  the  time  and  place  thereof  shall  be 
given  by  advertisement  in  a  newspaper  printed  in  said 
town,  or  should  there  be  no  such  paper,  by  posting  the 
same  in  four  of  the  most  public  places  in  said  town  ;  such 
notice  to  be  given  at  least  fifteen  days  previous  to  any 
such  sale:  And  provided  further,  that  in  conducting  such 
sale  the  provisions  of  the  law  then  in  force  concerning 
public  revenue,  so  far  as  the  same  may  be  applicable, 
shall  be  complied  with,  and  the  property  sold  shall  be  sub- 
ject to  redemption  at  any  time  within  two  years  from  the 
date  of  such  sale,  by  the  owner  of  said  property,  or  his  or 
her  agent,  executor  or  administrator,  paving  to  the  treasu- 
rer of  tlia  town,  for  tlie  use  of  Uit'  purchaser  of  said  pro- 
perty, double  the  amount  of  the  purchase  money  and  costs 
thereon. 


1853.  256 

.'...rvegoodor-      §   7.     The   trustees  of  said   town  shall   have  power  to 
preserve  good  order  and  harmony  in  said  town,  to  punish 
for_  open    indecency,   breaclies    of    the   peace,   gamblinff, 
uaming.  maintaining  gaming  liouses,  for  liorse  racing,  shootino-,  as- 

saults, assault  and  battery,  and  all  disorderly  conduct  and 
riotous  meetings,  to  remove  obstructions  in  the  streets  and 
alleys,  to  declare  what  shall  be  deemed  nuisances  and  pro- 
vide for  their  removal,  to  make  regulations  to  secure  the 
general  health  of  the  inhabitants,  and  to  prevent  the  in- 
troduction of  contagious  diseases,  and  for^he  prevention 
and  extinguishment  of  fires;  for  which  purpose  they  may 
make  sucli  by-laws  and  ordinances  as  to  them  may  seem 
expedient,  not  inconsistent  with  any  law  of  this  state,  and 
may  impose  fines  for  the  breach  thereof,  which  shall  be 
recoverable  before  any  justice- of  the  peace  residinfr  in  said 
town.  ° 

Duty  of  Justice  of  §  §.  It  shall  06  thc  duty  of  any  justicc  of  the  peacB 
uuorof'ouir.^'esiding  in  said  town,  and  he  is  hereby  authorized  and 
..ancos.  empowered,  upon  the  violation  of  any  law  or  ordinance  of 

said  corporation,  to  issue  his  warrant  directed  to  the  town 
constable  or  any  authorized  oflicer,  commanding  such 
officer  to  apprehend  the  oft'cnder  or  offenders,  and  bring 
him  or  them  forthwith  before  such  justice,  or  in  case  of  his 
absence,  before  some  other  justice  of  the  peace  residing 
in  said  town,  and  after  hearing  the  evidence,  if  it  shall 
appear  that  the  said  accused  has  been  guilty  of  such  viola- 
tion of  such  law  or  ordinance,  to  impose  such  fine  or  im- 
prisonment as  shall  be  prescribed  by  such  law  or  ordinance  : 
Provided^  such  fine  shall  not  exceed  ten  dollars,  nor  such 
imprisonment  continue  longer  than  twenty-four  hours  for 
any  one  offence  :  And  provided,  also,  that  writs  of  certi- 
orari and  appeals  shall  be  granted  from  judgments  under 
this  act  as  in  other  cases,  and  all  such  fines  shall  be  paid 
into  the  treasury  of  said  town. 
spc<!.itax.  §   9-     C>n  application  of  the  owners  of  two-thirds  of  the 

ots  on  any  street  or  block,  or  part  of  a  street,  it  shall  be 
lawful  for  the  trustees  to  levy  and  collect  a  special  tax  on 
the  owners  of  the  lots  on  said  street,  block,  or  part  of  a 
street,  according  to  their  respective  fronts,  not  exceedina 
one  per  cent.,  for  the  purpose  of  grading  and  paving  th? 
side  walks  fronting  such  lots.  o  r         a 

§  10.  All  ordinances  of  said  corporation  shall  be  sign- 
ed by  the  clerk  and  published  in  a  newspaper  printed  in 
said  town,  or,  should  there  be  no  such  paper,  shall  be 
posted  up  in  three  of  the  most  public  places  in  said  town  ' 
and  no  ordinance  shall  be  in  force  until  published  as 
aforesaid  at  least  ten  days  before  going  into  effect  of  the 
same,  and  the  certificate  of  the  clerk  of  the  board  of  trus- 
tees shall  be  evidence  of  the  fact  of  publication. 


I  iibUcatlorj  of  or 
dinanccs. 


257  1853. 

§   11.     Justices  of  the  peace  and   constables  who  may  Fees. 
be  required  to  render  services  under  tliis  act  shall  be  en- 
titled to  the  same  fees,   and  to   collect  the   same  in  like 
manner,  as  now  is  or  hereafter  may  be  provided  by  law 
in  similar  cases. 

§  12.  The  president  or  any  two  trustees  shall  #ave  special  meeting,, 
power  to  call  meetings  of  the  board  by  giving  the  mem- 
bers one  day's  notice  thereof.  A  majority  of  the  board 
shall  constitute  a  quoruzn,  but  a  minority  shall  have  the  pow- 
to  adjourn  from  time  to  time,  and  to  compel  the  attend- 
ance of  members.  In  the  event  of  a  failure  to  elect  trus- 
tees at  the  time  for  the  annual  election,  it  shall  be  lawful 
for  the  clerk 'of  the  board  last  elected,  or  any  two  quali- 
fied voters  of  said  town,  at  any  time  thereafter,  to  give 
notice,  as  hereinbefore  provided,  of  the  time  and  place  of 
holding  a  special  election,  and  the  trustees  elected  at 
such  election  shall  have  all  the  powers  conferred  by  this 
act.  • 

§  13.  The  trustees  of  said  town  shall  have  power  toMiiis  ana  miii- 
authorize  the  construction  of  mills  and  mill-races,  and  feed-  ""'* 
ers  on  and  through  the  river  streets  at  such  places  and  under 
such  restrictions  as  they  shall  think  proper.  They  shall 
also  have  power  to  vacate  any  streets  or  alleys,  or  part  or 
parts  of  any  street  or  streets  or  alleys,  ijiaking  in  all  cases 
adequate  compensation  to  persons  injured  thereby. 

§    14.     The   president  of  said  board  shall  be   commis- president  to  be 
sioned  by  the  governor  as  a   justice  of  the  peace,  and,  as  ?™''°"'='^ *'^ 
such,  shall   be   a  conservator  of  the  peace,   with  all  the 
power  and  authority  vested  by  law  in  other  justices. 

§    15.     This  act  shall  take  effect  on  the  first  Monday  in 
March,  A.  D.  1853. 

Approved  February  10,  1853. 


AN  ACT  to   incorporate  the  town   of  Edwardsville,  in   Madison   county,  m  force  Feb.  10, 
state  of  lilinois.  1863. 

Section   1.     Bt  it  enacted  by  the  people  of  the  state  of 
miois,  represented  in  the   General  Assembly,  That  the  Bo.ir    corporate 
inhabitants    and    residents    of  the  town  of  Edwardsville,  »°<i  politic. 
Madison  county,  are  hereby   made  a  body  corporate  and 
politic,  in  law  and  in  fact,  by  the  name  and  style  of  "The 
President  and  Board  of  Trustees  of  the  town  of  Edwards- 
ville," and  by  that  name   shall  have  perpetual  succession, 
and  a  common    seal,  which  they  may   alter  at  pleasure ; 
and  in  whom  the   government   of  the  corporation  shall  be 
vested,  and  by  whom  its  affairs  shall  be  manaeed. 
[R]  ^ 


1853. 


258 


Boundaries.  ^   2.     The   boundary  of  said   corporation  shall  include 

the  original  town  of  Edwardsville  and  the  several  addi- 
tions thereto,  as  the  same  are  recorded  in  the  recorder's 
oifice  in  tlie  said  county  of  Madison. 

Additions.  ^  -^^      Whenever  any  tract  of  land  adjoining  the  tou^n  of 

Edwardsville  shall  be  laid  off  into  town  lots  and  duly  re- 
corded as  required  by  law,  the  same  shall  be  annexed  to 
and  form  a  part  of  the  said  corporation. 

General  poY.er?.  §  4.  The  inhabitants  of  said  town,  by  the  name  and 
style  aforesaid,  shall  have  power  to  sue  and  be  sued,  to 
plead  and  be  impleaded,  defend  and  be  defended,  in  all 
courts  of  law  and  equity,  and  in  all  actions  whatever;  to 
purchase,  receive  and  hold  property,  real  and  personal,  in 
said  town;  to  purchase,  receive  and  hold  property,  both 
real  and  personal,  beyond  the  corporation  limits,  for  burial 
grounds  and  for  other  public  purposes,  for  the  use  of  the 
inhabitants  of  said  town;  to  sell,  lease  or  dispose  of  pro- 
perty, real  and  personal,  for  the  benefit  of  said  town,  and  to 
improve  and  protect  such  property,  and  to  do  all  other 
things  in  relation  thereto  as  natural  persons. 

Tru8teeB.  §   &.     The    Corporate    powers  and    duties  of  said  town 

shall  be  vested  in  five  trustees,  who  shall  form  a  board  for 
the  transaction  of  business,  and  the  persons  who  may  be 
in  office  as  trustees  in  said  town  under  the  general  incor- 
poration act  of  this  state  shall,  after  the  passage  of  this 
act,  be  deemed  to  hold  their  offices  by  virtue  of  this  act 
until  the  first  Monday  of  April,  1853,  and  until  their  suc- 
cessors in  office  are  elected  and  qualified,  and  to  discharge 
their  duties  in  conformity  to  the  provisions  of  tliis  act. 
lections.  §   6.     That   there   shall,  on  the   first  Monday    of  April 

next,  be  elected  five  trustees,  and  on  every  first  Monday 
of  April  thereafter,  who  shall  hold  their  offices  for  one 
year,  and  until  their  successors  are  duly  elected  and  qual- 
ified, and  public  notice  of  the  time  and  place  of  holding 
said  election  shall  be  given  by  the  president  and  trustees 
of  said  town,  by  an  advertisement  published  in  a  news- 
paper in  said  town,  or  posting  it  up  in  at  least  three  of  the 

migiJMiity.  j^Qgj.  pujjiic  places  in  said  town.  No  person  shall  be  a 
trustee  of  said  town  who  has  not  arrived  at  the  age  of 
twenty-one  years,  and  who  has  not  resided  in  said  town 
one  year  next  preceding  his  election,  and  who  is  not  at 
the  time  thereof  a  bona  fide  freeholder  in  said  town,  and 
moreover,  who  has  not  paid  a  state  or  county  tax,  and  all 
white  free  male  inhabitants,  over  twenty-one  years  of  age, 
who  have  resided  in  said  town  six  months  next  preceding 
an  election,  shall  be  entitled  to  vote  for  trustees;  and  the 
said  trustees  shall,  at  their  first  meeting,  proceed  to  elect 
one  of  their  own  hody  president,  and  shall  have  power  to, 
fill  all  vacancies  in  said  board  which  may  be  occasioned' 
by  death  or  resignation :  Provided,  the  vacancy  shall  not 


259  ^1853. 

exceed  three  months.    All  vacancies  which  shall  occur  for 
a  longer  time,  the   board   shall   give    ten    days'    notice   bv 
posting  up  at  least  three   advertisements  in^said  town  for 
tlie  election    ol  a  trustee  to  fill  such   vacancy,  to  be  filled 
in  the  same  manner  as   provided  for  in  regular  elections  • 
and  said  trustees   shall  have  power  to  appoint  a  clerk,  a App..nt..,ts 
treasurer,  an  assessor,  a  street   commissioner   and  a  town 
t    constable,  which  said  officers  so  appointed  shall  give  bond 
and  security  in  such   amount  and   with  such  conditions  as 
the  trustees  may  require;  and  the  said  town  constable  shall 
take  an  oath  of  office   before  some  justice    of  the  peace,  o.t... 
that  he  will  faithrully    discharge  the  duties  of  said  office, 
and  It  shall  be  his   duty  to   collect    all  fines  and  serve  all 
processes  at  the  suit  of  the  corporation,  and  shall  execute 
all  writs,    process    and    precepts    which    miy  be    issued 
agamst  any  person  for  the  violation  of  any  of  the  laws  or 
ordmances  of  the  town,   and  shall    have    and    possess  the 
same  powers  and  perform  the  same  duties  in  other  respects 
withm  the   limits   of  the    corporation  as   constables  in  the 
several  districts  of  the  county  possess  and  perform.     Said 
constable  to  hold  his  office  for  one  year  and  until  his  suc- 
cessors is  elected  and  qualified. 

k  ^:.  The  trustees  aforesaid  and  their  successors,  or  a  Rules  and  reen 
majority  of  tiiem,  shall  have  full  power  and  authority  to  ^^'^"" 
ordain  and  establish  such  rules  and  regulations  for  their 
government  and  direction,  and  for  the  transaction  of  the 
business  ana  concerns  of  the  corporation  as  they  may  deem 
expedient,  and  to  ordain  and  establish  and  put  in  execu- 
tion such  Dy-laws,  ordinances  and  regulations  as  shall 
seem  necessary  for  the  government  of  said  town,  and  for 
the  management,  control,  disposition  and  application  of  its 
corporate  property,  and  generally  to  do  and  execute  all 
and  singular  such  acts,  matters  and  things  which  to  them 
may  seem  necessary  to  do,  and  which  are  not  contrary  to 
the  laws  and  constitution  of  tiiis  state. 

§  8.     The  said  trustees  shall   have  power  to  levy  and  Ta^- 
collect  a  tax,  not   exceeding  one-half  per  cent,  on  all  lots 
and  improvements  and    personal   property  lying  and  being 
within  the  mcorporate  limits   of  said   town,    accordin'..   to 
valuation;  to  tax  public  shows  and  houses  of  public  en'ter- 
tainment,  taverns,  beer  houses  and  stores,  for  the  purpose 
ot  making  and  improving  the  streets,  and  keeping  them  in 
repair,  and  for  the  purpose  of  erecting  such  buildings  and 
other  works  of  public  utility  as  the  interest  and  conveni- 
ence of  the  inhabitants  of  said  town  may  require,  and  may 
adopt  such  modes  and  means  for  the  assessment  and  col- 
lection of  taxes  as  they  shall  from  time  to  time  deem  ex- 
pedient, a::d  prescribe  the  manner  of  selling  property  when 
the  tax  levied  upon  it  shall  not  be  paid  :  Provided,  no  sale 
of  any  real  estate  shall  be  made  until  public  notice  of  the 


1853. 


streets. 


Tlpijllnp  houses. 


Pood  order: 


Bnty    of   Justice 
of  tUc  pence. 


260 

1    1  ^f  ccIp  '?}nll  be  eiven  by  advertisement  in 

tune  and  place  of  ^^^,^^/;^^  ^^.f  ,t  Ibui  of  the  most  public  , 
tnmp  newsnaper  in  said  town,  oi  cii-o^^  ^  i 

some  new.|.di  putting  up  written  notices  contain-  i 

F^:Tu;?  :rlrdT'.it^qr„t Vfa.  Ltate,  at  least  thirty  aa,s  , 

TT'^me^a^J-  rJtrorVeal  estate  shall  have  been  soldi 
Jtaies  a  aforeslid,  the  same  shall  be  subject  to  redemp- 
(r r..,:  ti..e   and  on  t,,e  ;e™^  now  p.o..ded,  oH.„e- 

after  to  be  r;:°"Jj<l,.^\V  state  so  d  for  state  and    county 
«:•  trfid 'thrletultate  so  sold  for  taxes  not  be 
redtomed   n  the  time  and  manner  provdcd  by  law,  and 

-th^b'ic-  :^^>  r^ai  ::t:t:  Tie  ':t!r^i:t: 
5i^(,-;:;^'-Xtl^ts^f;i'b:«off 

^re  dent  of  the  board  of  trustees  to  execute  to  the  pur- 
chaser or  purchasers  a  deed  therefor,  signed  by  the  presi- 
dent  ai^  ^countersigned    by    the    clerk    of  the    board  o 

^'fw'  The  trustees  shallhavepower  to  regulate,  grade 
plall  ,  pave  and  improve  the  streets,  public  ^q-;"^^^" 
a  leys  in  said  town  for  which  purpose  they  shall  lav 
powerTo  levy,  annually,  a  road  labor  tax  ot  not  more  thai 
Te  das  nor  1  ss  than  two  days,  against  every  fle-bodie 
ma  e  inhabitant  of  said  town  over  the  age  of  twent>^-on. 
vears  and  under  fifty  years  of  age,  to  be  col  ected  and  ex 
Tended  in  such  manner  as  they  shall  determine  and  direc 
5   11.     The  trustees  shall  have  power  to  tax,  restrain 

prohibit  and  suppress  tippling  ^7"' A  Z/aX.Z 
Lming  houses,  bawdy  houses  and  other  disorderly  houses 
and  to  suppress  and  restrain  billiard  tables. 

12!  ^Said  trustees,  or  a  majority  of  them,  shall  hav 
po'wer  to  preserve  good  order  and  1^^-."°"^  J"  ^fi^J^^^J 
and  to  punish  open  indecency,  breaches  of  the  peace 
horse  rJ  ing,  disirderly  houses,  riotous  meetings  or  asse^ 
bkces  and  o  punish  persons  for  making  loud  or  unusu. 
noil's  or  for  disturbing  persons  assembled  at  religious  c 
Ml  er  meetings  in  said  town;  for  which  purpose  the  trus 
ly  make  sifch  by-laws  and  ordinances  not  "^consi  c 
with  the  laws  of  this  state,  as  they  may  deem  necessarj  ( 
expedient  to  carry  the  provisions  of  this  act  into  ettec 
anS  impose  fines  Ibr  the  Violation  thereof,  which  fines  sh 
be  recovered  before  any  justice  ol  the  peace  in  s aid  tow 
,  6  13.  It  shall  be  the  duty  ot  any  justice  of  the  pea( 
in  said  town,  and  he  is  hereby  authorized  and  empowen 
on  view,  or  upon  complaint  being  made  to  1;^'"  .^'^^  f 
of  the  violation  of  any  law  or  ordinance  of  said  town, 
issue  his  warrant  directed  to  the  town  constable,  or  to  a 
aulhorized  person,  to  apprehend  the  offender  or  offende 


261  1853. 

and  bring  him  or  them  before  him  forthwith,- and  after 
hearing  the  evidence,  if  it  shall  appear  that  the  accused 
has  been  guilty  of  the  violation  of  any  law  or  ordinance 
of  t!ie  corporation,  to  impose  such  fine  or  imprisonment  as 
is  provided  by  tlie  laws  of  the  state  for  liie  punishment  of 
similar  oiTences. 

§   14.     In  all  cases  arising   under  the  provisions  of  this  AppeMg. 
act,  appeals  may  be  taken,  and  writs  of  certiorari  allowed 
'■  as  is  now  or  may  hereafter  be  provided  by  law. 

§   15.     All  fines  or  moneys  collected  for  licenses,  granted  Fines. 
under  the  provisions  of  this  act,  shall  be  paid  into  the  town 
:  treasury  for  the  use  of  the  inliabitants  of  the  town. 
'      ^.  }^'     The  trustees   shall  keep  a  well   bound   book,  inJour^:. 
;  which  sh?.ll  be  recorded,  in  a  fair  and  legible  hand,  all  by- 
laws and  ordinances  of  said  corporation,' and  no  by-law  or 
'  ordinance  shall  be  ,in  force  until  the  same  shall  have  been 
'  advertised   by  posting  up  copies   of  the   same  in  at  least 
'  three  of  the  most  public  places  in  said  town  ten  days  pre- 
vious to  the  time  the  same  is  to  go  into  effect,  or  by  publi- 
cation  in  some  newspaper  in  said  town;  which  record  or 
:  book  shall  be  evidence  of  the  authority  of  said  by-laws  or 
f  ordinances  that  they  have  been  legally  enapted. " 
I      §    17.     The  trustees  shall  have  power  to  build  a  plank pian.roau 
'road  in  said  town,  to  be  located  in  Main  street,  to  and  from 
Isucli  points  therein  as  the  trustees  may  direct.     For  which 
^purpose  the  said  trustees  are  hereby  empowered  to  issue  issue i>onas. 
!the  bonds   of  the  town   of  Edwardsville,  pledging  for  the 
Isecurity  of  the   payment  of  the   same  the  revenue  which 
imay  be  derived  from  the  special  tax  hereinafter  provided 
'for  :  Provided,  the  amount  of  said  bonds  shall  not  exceed 
!the  sum  of  five   thousand   dollars,  nor  bear  a  greater  rate 
of  interest  than  ten  per  cent,  per  annum.      That  said  trus- 
tees, for  the  purpose  of  paying  said  bonds,  are  hereby  em- 
powered to  levy   and  collect  a  special  tax,   not  exceeding 
;one  per  cent.,  on  all  lots  and  improvements  and  personal 
property  lying   and   being  within   the  corporate   limits  of 
baul   town,   according  to  valuation;  which   said  valuati  n 
khall  be   assessed    by    three  bo}ia  fide  freeholders  in  said 
town,  who  siiall  be  appointed  by  tlie  trustees. 

!    §    18.     7he  said  trustees  shall  have  power  to  make  pave-  Pavomcr.t«,  &c. 
hients    or  side-walks   in  said   town,  as  to  them   may  seem 
^eedful :  Provided  always,  that  the  lot  in  front   of  which 
^ny  side-walk  is  made   shall  be  taxed  to  pay  at  least  one- 
lialf  of  the  expenses  of  making  such  side-walk. 
'    §   19.     The    said  trustees  shall  have  pov/er  to  declare  vuinince. 
Ikvliat  shall  be  considered  a  nuisance  within  the  limits  of  the 
Corporation,  and  to  provide  for  the  abatement  or  removal 
hereof,  •  Tiiis  act  shall  take  effect  and  be  in  force  from  and 
'.fter  its  passage. 
Approved  February  10,  1853. 


1853. 


Xame  and  style. 


'..'oneral  powprs 


OillcoM  of  coun 


AN  ACT  to  incorpora'e  the  city  of  Waukep^an. 

Be  it  enacted  by  the  people  of  the  state  of  Illinois,  rep- 
resented in  the  General  Assembly  : 

ARTICLE    I.— Of  Boundaries. 

Section  1.  That  the  inhabitants  of  the  incorporated 
town  of  Waukegan,  in  Lake  county,  be  and  they  are  here- 
by constituted  a  body  politic  and  corporate,  by  the  name 
and  style  of  "  The  City  of  Waukegan,"  and  by  that  name 
shall  have  perpetual  succession,  may  sue  and  be  sued, 
plead  and  be  impleaded,  in  all  courts  of  law  and  equity  ; 
and  may  have  and  use  a  common  seal,  and  alter  the  same 
at  pleasure. 

§  2.  All  that  territory  embraced  within  the  following 
limits,  to  wit,  beginning  at  the  water's  edge  on  the  west- 
ern shore,  of  Lake  Michigan,  due  east  of  the  northeast 
corner  of  the  southeast  quarter  of  section  sixteen,  in 
township  forty-five  north,  of  range  twelve,  east  of  the 
third  principal  meridian  ;  thence  due  west  to  the  north- 
west corner  of  the  southwest  quarter  of  said  section  ; 
thence  due  south  to  tlie  southwest  corner  of  the  north- 
west quarter  of  section  twenty-eight;  thence  due  east  to 
a  poii^t  on  said  lake  shore  at"  the  water's  edge,  and  thence 
northerly,  along  low  water  mark,  to  the  place  of  beginning, 
shall  be  and  the  same  is  hereby  declared  to  be  within 
the  limits  of  the  city  of  Waukegan. 

§  3.  Whenever  any  tract  of  land  adjoining  the  city  of 
Waukegan  shall  be  laid  off  into  town  lots,  and  duly  re- 
corded as  required  by  law,  the  same  shall  be  annexed  to 
and  form  a  part  of  the  city  of  Waukegan.  And  all  par- 
cels of  land  within  the  aforesaid  boundaries  and  beyond, 
the  boundaries  of  the  present  corporation  as  extended, 
that  exceeii  in  extent  one  acre,  shall  be  exempt  from  tax- 
ation for  city  revenue  until  the  same  shall  be  subdivided 
into  lots  of  one  acre  or  less,  and  each  lot,  when  so  divid- 
ed, shall  be  taxed  as  other  city  lots. 

§  4.  The  inhabitants  of  said  city,  by  the  name  and 
style  aforesaid,  shall  have  power  to  sue  and  be  sued,  to 
plead  and  be  im])leaded,  defend  and  be  defended,  in  all 
courts  of  law  and  equity,  and  in  all  actions  whatever  ;  to 
purchase,  receive,  and  hold  property,  both  real  and  per- 
sonal, in  said  city  ;  to  purchase,  receive  and  hold  proper- 
ty, both  real  and  personal,  beyond  the  city,  for  burial 
gjounds  and  for  other  purposes,  for  the  use  of  said  inhabi- 
tants of  said  city  ;  to  sell,  lease,  and  convoy  or  dispose  of 
property,  and  do  all  other  things  in  relation  thereto  as  nat- 
ural persons. 

ARTICLE  II.— 0/  the  City  Council     , 

§  1.  There  shall  be  a  city  council,  to  consist  of  a 
mayor  and  board  of  aldermen. 


263 


1853. 


§   2.     The  board  of  aldermen  shall  consist  of  two  mem- Term  of  odice. 
bers  from  each  ward,  to  be  chosen  by  the  qualified  voters 
for  two  years,  and  until  others  shall  be  legally  qualified. 

§  3.^  No  person  shall  be  an  alderman  unk^ss  at  the  Kugiuuiy.  « 
time  of  his  election  he  shall  be  a  freeholder  in  said  city, 
and  shall  have  resided  v/ithin  the  limits  of  the  city  one 
year  immediately  preceding  his  election,  and  shall  have 
the  requisite  qualifications  to  vote  for  state  officers,  be  a 
resident  of  the  ward  for  which  he  is  elected,  and  a  citizen 
of  the  United  States. 

§  4.  If  an>  alderman  shall,  after  his  election,  remove  vacancic. 
from  the  ward  for  which  he  is  elected,  or  cease  to  be  a 
freeholder  in  said  city,  his  office  shall  be  declared  vacated. 
The  mayor  and  aldermen  shall  serve  without  compensation 
from  the  city  funds,  until  there  shall  be  eight  thousand  in- 
habitants in  said  city,  and  when  the  population  shall  ex- 
ceed eight  thousand  the  mayor  shall  receive  such  compen- 
sation as  the  city  council  shall  determine,  not  to  exceed 
two  hundred  dollars  per  annum. 

§  5.  At  the  first  meeting  of  the  city  council,  the  alder- i^'^j'^edi.yk,t. 
men  shall  be  divided  by  lots  into  two  classes;  the  seats  of 
those  of  the  first  class  shall  be  vacated  at  the  expiration  of 
the  first  year,  and  of  the  second  class  at  the  expiration  of 
the  second  year,  so  that  half  of  the  board  shall  be  elected 
annually. 

§   6.     The  city  council  shall  judge  of  the  qualifications,  Q„,„,,,,on    c 
elections  and  returns  of  their  own  members,  and  shall  de-  raembcrs. 
termine  all  contested  elections  under  this  act. 

§  7.    A  majority  of  the  city  council  shall  constitute  a  quo-  Quorum. 
rum  to  do  business,  but  a  smaller  number  may  adjourn  from 
day  to  day,  and  compel  the  attendance  of  absent  members, 
under  such  penalties  as  may  be  prescribed  by  ordinance. 

§  8.     The  city   council  shall  have  power  to  determine  «,uies   o£    pr.- 
the   rules  of  its  proceedings,  punish  its  members  for  dis- "'^'"^'• 
orderly  conduct,  and,  witii  the   concurrence  of  two-thirds 
of  the  members  elected,  expel  a  member. 

§   9.     The  city  council  shall  keep  a  journal  of  its  pro- Jo^.rn.-ii. 
ceedings,  and  from  time  to  time  publish  the  same,  and  the 
yeas    and  nays,  wiien  demanded  by  any  member  present, 
shall  be  entered  upon  the  journal. 

§    10.     No   alderman  shall    be    appointed  to  any   office -^w^'-u'-nnotap- 
under  the  authority  of  ihe  city  which  shall  have  been  ere-  ^°'"^<^'"°°«".- 
ated,  or  the  emoluments  of  which  shall  have  been  increas- 
ed, during  the  time  for  which  he  shall  have  been  elected. 

§    11.     All  vacancies   that  shall  occur  in  the  board  of  vacancies  fiutd. 
aldermen  shall  be  filled  by  election. 

§    12.     The  mayor  and  each  alderman,  before  enterin<yoath. 
upon  the  duties  of  their  office,  shall  take  and  subscribe  an 
oath,  or  make  aflirmation,  tiiat  they  will  support  the  con- 
Btitution  of  the  United  States  and  of  this  state,  and  that 


1853. 


264 


they  will  well  and  truly  perform  the  duties  of  their  office 
to  the  best  of  their  skill  and  ability. 

§  13.  Whenever  there  shall  be  a  tie  in  the  election  of 
aldermen,  the  judges  of  election  shall  certify  the  fact  to 
the  mayor,  who  shall  determine  the  same  by  lot,  in  such 
manner  as  shall  be  provided  by  ordinance. 

§  14.  There  shall  be  twelve  stated  meetings  of  the 
city  council  in  each  year,  at  such  times  and  places  as  may 
be  prescribed  by  the  city  council. 

ARTICLE  III.— 0/  the  Chief  Executive  Officer. 

§  1.  The  chief  executive  officer  of  the  city  s-hall  be  a 
mayor,  who  shall  be  elected  b'y  tiie  qualified  voters  of  the 
city,  and  hold  his  office  for  one  year,  and  until  his  successor 
shall  be  elected  and  qualified. 

§  2.  No  person  shall  be  eligible  to  the  office  of  may- 
or who  shall  not  have  been  a  resident  of  the  city  for  one 
year  next  preceding  his  election,  or  who  shall  be  under 
twenty-one  years  of  age,  or  who  shall  not,  at  the  time  of 
his  election,  be  a  citizen  of  the  United  States. 


3.     If  any  mayor,  during  the  time  fo 


'•hich 


ihall 


have  been  elected,  remove  fiora  the  city,  or  shall  be  ab- 
sent from  tiie  city  for  the  space  of  six  months,  his  office 
shall  be  vacated. 

,,;,  §  4.     When  two  or  more  persons  shall  have  an  equal 

number  of  votes  for  mayor,  the  judges  of  election  shall 
certify  the  same  to  the  city  council,  who  shall  proceed  to 
determine  the  same  by  lot,  in  such  manner  as  may  be  de- 
termined by  ordinance. 

..ontestp.!.  5  5.     Whenever  an  election  of  mayor  shall  be  contest- 

ed, the  city  council  shall  determine  the  same  as  may  be 
prescribed  by  ordinance. 

Tacancies.  §  g.     Whenever  any  vacancy  shall  happen  in  the  office 

of  mayor    it  shall  be  filled  by  election. 

ARTICLE  IV.— 0/  Elections. 

Bipotions.  §   1.     On  the  first    Monday  of  April   next  an  election 

shall  be  held  in  each  ward  of  said  city  for  one  mayor  and 
one  marshal  for  the  city,  two  aldermen  for  each  ward, 
and  forever  thereafter,  on  the  first  Monday  of  April  of 
each  year,  there  shall  be  an  election  for  one  mayor  and 
one  marshal  for  the  city,  and  one  alderman  for  each  ward. 
The  first  election  for  mayor  and  alderman  shall  be  held, 
conducted  and  returns  thereof  made  in  the  same  manner ! 
as  the  election  and  returns  for  the  president  and  trustees 
of  the  town  of  Waukegan  are  now  held,  conducted  and 
reiurned. 

r!i«ibiiiiyof  vo-      §  2.     All  mile  inhabitants  over  the  age  of  twenty-one 
"'•  yei.rs,  who  are  entitled  to  vote  lor  state  officers,  and  who 


265  1863. 

shall  have  been  actual  residents  of  said  city  ninety  days 
next  preceding  said  election,  shall  be  entitled  to  vote  for 
city  officers  :  Pruvided,  that  said  voters  shall  give  their 
votes  in  the  wards  in  which  tiiey  shall  respectively  reside. 

ARTICLE  Y.—O/  the  Legislative  Powers  of  the    City 
Council. 

§  1.  The  city  council  shall  have  power  and  authority  to  '''''^• 
levy  and  collect  taxes  for  city  purposes  upon  all  property, 
real  and  personal,  within  the  limits  of  the  city,  not  exceed- 
ing one-half  of  one  per  cent,  per  annum,  upon  the  assessed 
value  thereof,  and  may  enforce  the  payment  of  the  same 
in  any  manner  to  be  prescribed  by  ordinance,  not  repug- 
nant to  the  constitution  of  the  United  States  and  this  state. 

§   2.     The  city  council  shall  have  power   to  appoint  a  Appointmenis. 
clerk,   treasurer,   assessor,  street   commissioner   or  com- 
missioners, city  surveyor,  city  attorney,  and  all  such  other 
inferior  officers  as  may  be  necessary. 

§  3.  ihe  city  council  shall  have  power  to  require  ofGivebondi. 
all  officers  apj)ointed  in  pursuance  of  this  charter,  bonds 
with  penalty  and  security  for  the  faithful  performance  of 
their  respective  duties,  as  may  be  deemed  expedient,  and 
also  to  require  all  officers  appointed  as  aforesaid  to  take  such 
an  oath,  or  make  such  affirmation,  as  the  common  council 
may  prescribe,  for  the  faithful  performance  of  tiie  duties  of 
their  respective  offices,  before  entering  upon  the  discharge 
of  the  same  ;  to  establisli,  support  and  regulate  common 
schools  ;  to  borrow  money  on  the  credit  of  the  city  :  Pro- 
vided, that  no  sum  or  sums  of  money  shall  be  borrowed  at  a 
greater  interest  than  ten  per  cent,  per  annum,  nor  shall 
any  sum  or  sums  be  borrowed  as  aforesaid  until  after  tiiQ 
subject  shall  have  been  submitted  to  the  legal  voters  of 
said  city,  for  which  purpose  a  special  election  shall  be 
called  by  the  mayor,  after  giving  ten  days'  notice  thereof, 
and  if  a  majority  of  the  legal  voters  of  said  city  shall  vote 
in  favor  of  any  such  loan,  the  same  may  be  negotiated, 
and  not  otherwise. 

§   4.     To    appropriate   money  and  provide  for  the  pay- Powers  of  conn- 
ment  of  the  debts  and  expenses  of  the  city. 

§  5.  To  make  regulations  to  prevent  the  introduction 
of  contagious  diseases  into  the  city.  To  make  quarantine 
laws  for  that  purpose,  and  enforce  the  same  witliin  five 
miles  of  the  city. 

§  G.  To  establish  hospitals,  and  make  regulations  for 
the  government  of  the  same. 

§  7.  To  make  regulations  to  secure  the  general  health 
of  the  inhabitants,  to  declare  what  shall  be  a  nuisance, 
and  to  prevent  and  remove  the  same. 


1853. 


266 


Tippling   houses 


^  8.  To  provide  the  city  with  water,  to  erect  hydrants, 
and  pumps,  build  cisterns  and  dig  wells  in  the  streets,  for 
the  supply  of  engines  and  buckets. 

§  9.  To  open,  alter,  abolish,  widen,  extend,  establish, 
grade,  pave,  or  otherwise  improve  and  keep  in  repairstreets, 
avenues,  lanes  and  alleys,  side-walks,  drains  and  sewers. 

§    10.     To  establish,  erect   and  keep  in  repair  bridges. 

§  11.  To  divide  the  city  into  wards,  alter  the  bound- 
aries thereof,  and  erect  additional  wards  as  the  occasion 
may  require. 

§  12.  To  provide  for  lighting  the  streets  and  erecting 
lamp  posts. 

§    13.     To  establish,  support  and  regulate  night  watches. 

§  14.  To  erect  market  houses,  to  establish  markets  and 
market  places,  and  provide  for  the  government  and  regula- 
tion thereof. 

§  15.  To  provide  for  all  needful  buildings  for  the  use 
of  the  city. 

§  16.  To  provide  for  enclosing,  improving  and  regula- 
ting all  public  grounds  belonging  to  the  city. 

§  17.  To  erect,  repair  and  regulate  public  wharves, 
piers  and  docks  ;  to  regulate  the  erection  and  repair  of 
private  wharves,  piers  and  docks,  and  the  rates  of  wharf- 
age thereat. 

§  18.  To  license,  tax  and  regulate  auctioneers,  mer- 
chants, pedlers,  retailers,  grocers,  taverns,  ordinaries, 
hawkers,  brokers,  pawnbrokers  and  money  changers. 

§  19.  To  license,  tax  and  regulate  hackney  carriages, 
wagons,  carts  and  drays,  and  fix  the  rates  to  be  charged 
for  the  carriage  of  persons,  and  for  the  wagonage,  cart- 
age and  drayage  of  property, 

§  20.  To  license  and  regulate  porters  and  the  rates  of 
porterage. 

§  21.  To  license,  tax  and  regulate  theatrical  and  other 
exhibitions,  shows  and  amusements. 

§  22.  To  restrain,  prohibit  and  suppress  tippling  houses, 
dramshops,  gambling  houses  and  bawdy  houses,  and  other 
disorderly  houses. 

§  23.  To  provide  for  the  prevention  and  extinguishment 
of  fires,  to  organize  and  establish  fire  companies. 

§  24.  To  regulate  the  fixing  of  chimneys,  and  to  fix  the 
flues  thereof. 

§  25.  To  regulate  the  storage  of  gunpowder,  tar,  pitch, 
rosin,  and  other  combustible  materials. 

§  26.  To  regulate  and  order  parapet  walls  and  parti- 
tion fences,  and  to  restrain  cattle,  hogs,  sheep  and  dogs 
from  running  at  large. 

§  27.  To  establish  standard  weights  and  measures,  and 
regulate  the  weights  and  measures  "to  benised  in  the  city, 
in  all  cases  not  otherwise  provided  for  by  law,  and  to  or- 
der all  laws  on  the  subject  to  be  enforced  j  and  to  fix  and 


267  1853. 

enforce  payment  of  tines  for  non-compliance  with  any  such 
order. 

^  28.  To  provide  for  the  inspection  and  measuring  of 
lumber  and  other  building  materials,  and  for  the  measuring 
of  all  kinds  of  mechanical  work. 

§   29.     To  provide  for  the  inspection  and  weighing  ofinsp'^ction    ami 
hay    and  stone    coal,   the    measuiement    of  charcoal,    fire  &c. 
wood,  and   other  fuel  to  be  sold   and  used  within  the  city. 

§  30.  To  provide  for  and  regulate  the  inspection  of 
tobacco,  and  of  beef,  pork,  flour,  meal  and  whisky  in  barrels. 

§  31.  To  regulate  the  inspection  of  butter,  lard,  and 
other  })rovisions. 

§   SZ.     To  regulate  the  weight  and  quality  of  bread  to  be  Bread. 
used  and  sold  in  the  city. 

i     §   33.     To  regulate  the  size  of  bricks  to  be  sold  and  used  Bricks. 
n  the  city. 

§  34.  To  provide  for  taking  enumerations  of  the  inhab- 
itants of  the  city. 

§  35.  To  regulate  the  election  of  city  officers,  and  to 
provide  for  removing  from  office  any  person  holding  an 
office  created  by  ordinance. 

§  36.  To  fix  the  compensation  of  all  city  officers,  and 
regulate  the  fees  of  jurors,  witnesses  and  others,  for  ser- 
vices lendered  under  this  act,  or  any  ordinance  made  in 
pursuance  thereof. 

§  37.  To  regulate  the  police  of  the  city,  to  impose PoUce. 
fines  and  forfeitures  and  penalties  for  the  breach  of  any  ordi- 
nance, and  to  provide  for  the  recovery  and  appropriation 
of  sucli  fines  and  forfeitures,  and  the  enforcement  of  such 
penalties;  and  all  moneys  collected  under  and  by  authority 
of  any  city  ordinance  shall  be  deemed  and  taken  to  be- 
long to  said  city,  and  disposed  of  by  the  city  council  un- 
der the  ordinances  of  said  city,  for  the  general  use  and 
benefit  of  the  inhabitants  thereof. 

§   38.     The   city   council  shall  have    exclusive  power,  Biiiiardtabu-s. 
within  the  city,  by  ordinance,  to  suppress  and  restrain  bil- 
liard tables  and  bowling  alleys. 

§   39.     Tlie  city   council   shall  have   power  to  make  all  ordinances, 
ordinances  which  shall  be  necessary  and  proper  for  carry- 
ing into  execution  the  powers  specified  in  tliis  act,  so  that 
such  ordinance  be   not  repugnant  to  nor  inconsistent  with 
the  constitution  of  the  United  States  or  of  this  state. 

§   40.     The    style   of  the   ordinances    shall  be,   ^'Be  z^^tyi*. 
ordained  by  the  city  council  of  the  city  of  IVaiikcgan.^^ 

§  41.  All  ordinances  passed  by  the  city  council  shall, 
within  one  month  after  they  shall  have  been  passed,  be''"'''"^^"'*"" 
published  in  some  newspaper  in  the  city,  or  posted  up  in 
three  of  tlie  most  public  ])]aces  in  said  city  of  Wauke- 
gan,  and  sliall  not  be  in  force  till  they  shall  have  been 
publisiied  as  aforesaid. 


1853.  268 

Proof bysca!.         §     42.      All    Ordinances    of    the    city   may   be    proven 
by  the  seal   of    the    corporation,    and    when    printed    in 
^  book  or  pamphlet  form,  and    purporting  to  be   printed  and 

published  by  authority  of  the  corporation,  the  same  shall 
be  received  in  evidence  in  all  courts  and  places  without 
further  proof. 

ARTICLE  VI.—  Of  the  Mayor. 

Mayor presi do.  §  1,  TIic  mayor  sliall  preside  at  all  meetings  of  the 
city  council,  and  in  case  of  a  tie,  shall  have  a  casting  vote, 
and  in  no  other.  In  case  of  non-attendance  oftiie  mayor  at 
any  meetings  the  board  of  aldermen  shall  appoint  one  of 
their  own  number  chairman,  who  shall  preside  at  the 
meeting,  but  shall  not  thereby  lose  his  riglit  to  vote  on 
any  question  before  the  board. 

special  meetings  §  f  '^''^  mayor  or  any  two  aldermen  may  call  special 
meetings  of  the  city  council. 

^^^^  §  3.     The  mayor  shall  at  all  times  be  vigilant  and  ac- 

""'  tive  in  enforcing  the  laws  and  ordinances  for  the  govern- 

ment of  the  cityj  he  shall  inspect  the  conduct  of  all  sub- 
ordinate officers  of  said  city,  and  cause  negligence  ana 
positive  violation  of  duty  to  be  prosecuted  and  punished; 
he  shall  from  time  to  time  communicate  to  the  aldermen 
such  information  and  recommend  all  such  measures  as  in 
his  opinion  may  tend  to  the  improvement  of  the  finances, 
the  police,  the  health,  security,  comfort  and  ornament  of 
the  city. 

Tiuty  in  cnse  of  §  4.  fie  is  hereby  authorized  to  call  on  every  male  in- 
habitant of  said  city,  over  the  age  of  eighteen  years,  to  aid 
in  enforcing  the  laws  and  ordinances,  and  in  cases  of  riots 
to  call  out  the  militia  to  aid  him  in  suppressing  the  same, 
or  other  disorderly  conduct,  preventing  and  extinguishing 
fires,  for  securing  the  peace  and  safety  of  the  city,  or  '\\\ 
carrying  into  effect  any  law  or  ordinance;  and  any  person 
who  shall  not  obey  such  call  shall  forfeit  to  said  city  a  fine 
not  exceeding  five  dollars. 

Exhibitor  books  §  5.  He  shall  have  power,  whenever  he  may  deem  it 
necessary,  to  require  of  any  of  the  officers  of  said  city  an  ex- 
hibit of  his  books  and  jjapers. 

§  6.  He  shall  have  power  to  execute  all  acts  that  may 
be  required  of  him  by  any  ordinance  made  in  pursuance 
of  this  act. 

Bo  commissioned  ^  §  7.  jje  shall  be  commissioued  by  the  governor  as  a 
justice  of  the  peace,  and  as  such  give  bond  as  other 
justices  of  the  peace,  and  upon  neglect  t  >  (^o  so,  his  office 
shall  be  vacated;  shall  be  a  conservator  of  the  peace  f  )r  the 
city,  and  shall  have  power  and  authority  to  administer 
oatlis,  issue  writs  and  process  under  the  seal  of  tlie  city, 
to  take  depositions,  the  acknowledgme::ts  of  deeds,  mort- 
gages, and   all  otiier  instruments  of  wi'lng,   and  certify 


269  1853. 

the  same,  under  the  seal  of  the  city,  which  shall  be  good 
and  valid  in  law. 

§  8.  He  shall  have  exclusive  jurisdiction  in  all  cases  juriidieuon. 
arising  under  the  ordinances  of  the  corporation,  and  con- 
current jurisdiction  with  all  other  justices  of  the  peace 
in  all  civil  and  criminal  cases  arising  under  the  laws  of  the 
state,  and  sliall  receive  the  same  fees  and  compensation 
for  his  services  in  similar  cases. 

§  9.  He  shall  also  have  such  jurisdiction  as  may  be 
vested  in  him  by  ordinance  of  the  city,  in  and  over  all 
places  within  five  miles  of  the  boundaries  of  the  city,  for 
the  purpose  of  enforcing  the  health  and  quarantine  ordi- 
nances and  regulations  thereof. 

§    10.     He  shall  receive  for  his  services  outside  of  the  saury. 
city  such  salary  as  shall  be  fixed  by  ordinance  of  the  city. 

6  11.  In  case  the  mayor  shall  at  any  time  be  guilty  of  Removal. 
a  palpable  omission  of  duty,  or  shall  wilfully  and  corruptly 
be  guilty  of  oppression,  malconduct,  or  partiality  in  the 
discharge  of  the  duties  of  his  office,  he  shall  be  liable  to 
be  indicted  in  the  circuit  court  of  the  county  of  Lake,  and  on 
conviction  he  shall  be  fined  not  more  than  two  hundred 
dollars,  and  the  court  shall  have  power,  on  recommen- 
dation of  the  jury,  to  add  to  the  judgment  of  the  court 
that  he  be  removed  from  office. 

ARTICLE  VIL— 0/  Proceedings  in  Special,  Cases. 

§  1.  When  it  shall  be  necessary  to  take  private  pro- private  proper- 
perty  for  opening,  widening  or  altering  any  public  street,  ^^• 
lane,  avenue  or  alley,  the  corporation  shall  make  a  just 
compt-nsation  to  the  person  whose  property  is  so  taken, 
and  if  the  amount  of  such  compensation  cannot  be  agreed 
on,  the  mayor  shall  cause  the  same  to  be  ascertained  by  a 
jury  of  six  disinterested  freeholders  of  the  city. 

5   2.     When  the  owners  of  all  the  property  on  a  street,  Ait«r  or  widea 

■>  ,,  ..ii'jj  streets. 

lane,  avenue  or  alley,  proposed  to  be  opened,  widened,  or 
altered,  shall  petition  therefor,  the  city  council  may  open, 
widen  or  alter  such  street,  lane,  avenue  or  alley,  upon  con- 
dition to  be  prescribed  by  ordinance,  but  no  compensation 
shall  in  such  case  be  made  to  those  whose  property  shall 
be  taken,  their  tenants  or  others,  for  the  opening,  widening 
or  altering  such  street,  lane,  avenue  or  alley,  nor  shall 
there  be  any  assessments  of  benefits  or  damages  that  may 
accrue  thereby  to  any  of  the  petitioners. 

§  3.  All  jurors  empanneled  to  inquire  into  the  amount  juron. 
of  benefits  or  damages  which  shall  happen  to  the  owners  of 
property  proposed  to  be  taken  for  opening,  widening  or 
altering  any  street,  avenue,  lane  or  alley,  shall  first  be 
sworn  to  that  etfect,  and  shall  return  to  the  mayor  their 
inquest  in  writing,  and  signed  by  each  juror. 


1853. 


270 


§  4.  la  ascertaining  the  amount  of  compensation  for 
property  taken  for  opening  or  widening  or  altering  any 
street,  avenue,  lane  or  alley,  the  jury  shall  take  into^'con- 
sideration  the  benefit  as  well  as  the  injury  happening  by 
such  opening,  widening  or  altering  such  street,  lane, 
avenue  or  alley. 

§  5.  The  mayor  shall  have  power,  for  good  cause  shown, 
within  ten  days  after  any  inquest  shall  have  been  returned 
to  him  as  al'oresaid,  to  set  the  same  aside  and  cause  a  new 
inquest  to  be  made. 

§  6.  The  city  council  shall  have  power,  by  ordinance, 
to  levy  and  collect  a  special  tax  on  the  holders  of  lots  in 
any  street,  lane,  avenue  or  alle}',  or  a  part  of  any  street, 
lane,  avenue  or  alley,  according'to  their  respective  fronts 
owned  by  them,  for  the  purpose  of  paving,  grading  or 
planking  side-walks  and  lighting  such  sireet,  lane,  avenue 
or  alley :  Provided,  said  tax  shall  not  exceed  in  amount 
the  actual  cost  of  said  side-walks  and  lightin"-,  respec- 
tively; whicli  tax  shall  be  collected  in  the  same^manner  as 
other  city  taxes. 

ARTICLE  VIII. — Miscellaneous  Provisions. 

§  1.  ^  The  city  council  shall  have  power,  for  the  purpose 
of  keeping  the  streets,  lanes,  avenues  and  alleys  in  repair,  to 
require  every  able-bodied  male  inhabitant  in  said  city,  over 
twenty-one  years  of  age,  to  labor  on  said  streets,  lanes, 
avenues  and  alleys,  not  exceeding  three  days  in  each  and 
every  year,  and  for  the  purpose  of  building  and  maintain- 
ing bridges  in  said  city,  there  shall  be  levied  on  all  real  and 
personal  estate  within  said  city,  any  sum  not  exceeding 
twenty  cents  on  the  one  hundred  dollars  of  the  assessed 
value  thereof;  which  tax  shall  be  collected  as  other  city 
taxes,  and  any  person  failing  to  perform  such  labor,  when 
duly  notified  by  the  street  commissioner,  shall  forfeit  and 
pay  one  dollar  for  each  day  so  neglected  or  refused. 

§  2.  The  inhabitants  of  the  ^city  of  Waukegan  are 
hereby  exempted  from  working  on  any  road  beyond  the 
limits  of  the  city,  and  from  paying  any  tax  to  procure 
laborers  to  work  upon  the  same. 

§  3.  ^  The  city  council  shall  have  power  to  provide  for 
the  punishment  of  oflcnders,  by  imprisonment  in  the  county 
jail,  in  all  cases  where  such  offenders  shall  fail  or  refuse  to 
pay  the  fines  and  forfeitures  which  may  be  recovered 
against  them. 

§  4.  The  city  council  shall  cause  to  be  published  an- 
nually a  full  and  complete  statement  of  all  moneys  received 
and  expended  by  the  corporation  during  the  preceding 
year,  and  on  what  account  received  and  expended. 


271  1853. 

§  5.  All  ordinances  and  resolutions  passed  by  the  pres- 
ident and  trustees  of  the  town  of  Waukegan  shall  remain 
in  force  until  tlie  same  shall  have  been  repealed  by  the  city 
council  hereby  created. 

§   6.     All  suits,  actions  and  prosecutions  instituted,  com-  suits. 
menced  or  brought  by  the  corporation  hereby  created,  shall 
be  instituted,  commenced  and  prosecuted  in  the  name  of 
the  city  of  Waukegan. 

§   7.     All  actions,  fines,  penalties  and  forfeitures  which  Fines, 
have  accrued  to  the  president  and  trustees  of  the  town  of 
Waukegan  shall  be  vested  in  and  prosecuted  by  the  cor- 
poration  hereby  created. 

§  8.     All    property,  real    or  personal,   heretofore    be-  Property. 
longing  to  the  president  and  trustees  of  the  town  of  Wau- 
kegan for  the  use  of  the   inhabitants  of  said  town,  shall  be 
and  the  same  is  hereby   declared  to  be  vested  in  the  cor- 
poration hereby  created. 

§   9.     This  charter  shall  not  invalidate  any  act  done  by  Not  to  invalidate 
the  president  and  trustees  of  the  town  of  Waukegan,  nor  t^^^  T  wa«- 
divest  them  of  any  rights  which  may  have  accrued  to  them  '"'san. 
prior  to  the  passage  of  this  act. 

§  10.  The  president  and  trustees  of  the  town  of  Wau- Promulgation  of 
kegan  shall,  immediately  after  the  passage  of  thi:^  act,  take 
measures  to  promulgate  this  law  within  the  limits  of  the 
city  of  Waukegan,  and  issue  their  proclamation  for  the 
election  of  officers,  and  cause  the  same  to  be  published 
in  all  the  city  newspapers  prior  to  the  day  of  the  election 
of  said  officers. 

§  11.  Appeals  shall  be  allowed  from  decisions  in  allApp?ais. 
cases  arising  under  the  provisions  of  tliis  act,  or  any  ordi- 
nance passed  in  pursuance  thereof,  to  the  circuit  or  county 
court  of  said  county  of  Lake,  and  every  such  appeal  shall 
be  granted  in  the  same  manner  and  with  like  effect  as  appeals 
are  taken  from  and  granted  by  justices  of  the  peace  to  the 
circuit  court,  under  the  laws  of  this  state. 

§  12.  Whenever  the  mayor  shall  absent  himself  from  vacancies  in  ot- 
the  city,  or  resign  or  die,  or  his  office  shall  be  otherwise 
vacated,  tiie  board  of  aldermen  shall  immediately  pro- 
ceed to  elect  one  of  their  number  president,  who  shall  be 
mayor  j}ro  tern,  until  the  office  shall  be  filled  by  election 
as  herein  provided. 

§  13.  This  act  is  hereby  declared  to  be  a  public  act, 
and  may  be  read  in  evidence  in  all  courts  of  law  or  equity 
within  tills  state  without  proof. 

§  14.  All  acts  or  parts  of  acts  coming  within  the 
provisions  of  this  charter,  or  contrary  to  or  inconsistent 
with  its  provisions,  are  hereby  repealed. 

§   15.     The  city  marshal,  or  any  other  officer  authorized  Execution      if 
to  execute  writs  or  any  other  process  issued  by  the  mayor, 
shall  have  power  to  execute  the  same  any  where  within  the 


1853. 


272 


limits  of  the  county  of  Lake,  and  shall  be  entitled  to  the  same 
fees  for  traveling  as  are  allowed  to  constables  in  similar 
cases.  The  .said  city  raarsiial,  by  virtue  of  his  office,  shall  be 
a  constable  of  Lake  county,  witli  power  to  serve  })rocess  and 
do  all  acts  that  a  constable  may  lawfully  do,  and  shall  re- 
ceive the  same  fees  as  are  allowed  to  other  constables  by 
law.  He  shall  hold  iiis  office  for  one  year,  and  shall  give 
bond  as  other  constables  are  required  by  law  to  give,  which 
bond  sliall  be  filed  in  tiie  office  of  the  county  clerk. 

§  16.  The  president  and  trustees  of  the  town  of  Wau- 
kegan  sliall  cause  an  election  to  be  held  in  said  town  on  the 
second  Monday  of  March  next,  at  whicii  the  inhabitants 
residing  within  the  territory  described  within  the  second 
•section  of  tiie  first  article  of  this  act,  who  are  authorized 
to  vote  for  state  officers,  shall  Vote  "  for  the  charter,"  or 
"against  the  charter,"  and  if  a  majority  of  the  votes  given 
at  such  election  shall  be  for  the  charter,  then  this  act  shall 
immediately  take  effect  as  a  law,  but  if  a  majority  of  the 
votes  shall  be  against  the  charter,  then  this  to  be  of  no  ef- 
fect. 

§  17.  No  provision  of  this  act  shall  be  so  construed  as 
to  authorize  the  sale  of  ardent  spirits  in  a  less  quantity  than 
is  now  provided  by  law. 

§  18.  This  act  to  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  February  12,  1853. 


m  force  F;:b.  12, 
1853. 


AN  ACT  to  incorporate  the  town  of  Carlyle,  Clinton  county. 


Section   1.     Be  it  enacted  by  the  people  of  the  state  of 

Illinois,  represented  in  the   General  tdssembly.  That  the 

Body    cori.oratoi,^|,aijitants  and  residents  in  the  town  of  Carlyle,    Clinton. 

»a(l  politic.  J  l-i.' 

county,  are  hereby  made  a  body  corporate  and  politic, 
in  law  and  in  fact,  by  the  name  and  style  of  "The  Presi- 
dent and  Board  of  Trustees  of  the  town  of  Carlyle," 
and  by  that  name  shall  have  perpetual  siiceession,  and  a 
common  seal,  which  they  may  alter  at  pleasure  ;  and  in 
whom  the  government  of  the  corporation  shall  be  vested 
and  by  whom  its  affairs  sliall  be  managed. 

Hiu.r.oarr.  §   2.     Tlic  bouiidary  of  said   corporation   shall   include 

all  that  country  contained  within  the  limits  of  the  original 
plat  of  the  town  of  Carlyle,  and  of  Middletown  so  called, 
as  of  record  in  the  recorder's  office  of  the  county  of 
Clinton. 

'    <«<■--  §   3.     There  shall,  on  the  first  Monday  of  May  next,  be 

elected  five  trustees,  and  on  the  first  Monday  of  May,  an- 


273  1853. 

nually  thereafter,  who  shall  hold  their  offices  for  one  year, 
and  until  ihv.'w  successors  are  duly  elected  and  qualified, 
and  public  notice  of  the  time  and  place  of  holding  said 
election  shall  be  given  by  the  president  and  trustees  by 
an  advertisement  publislied  inthe  newspapers  of  said  town, 
or  putting  it  up  in  at  least  four  of  the  most  public  places 
in  said  town.  No  person  shall  be  a  trustee  of  said  town  Tn.Mcrs. 
who  has  not  arrived  at  the  age  of  twenty- one  years,  and 
who  has  not  resided  in  said  town  six  months  next  preced- 
ing his  election,  and  who  is  not  at  the  time  thereof  a  free- 
holder, and  moreover,  who  has  not  paid  a  state  and  county 
tax;  and  all  free  wliite  male  inhabitants  over  twenty-one 
years  of  age,  who  have  resided  in  said  town  six  months  next 
preceding  the  election,  shall  be  entitled  to  vote  for  trustees, 
and  t!)e  said  trustees  shall,  at  their  first  meeting,  proceed 
to  elect  one  of  their  body  presiilent,  and  shall  have  power 
to  fill  all  vacancies  in  said  board  which  maybe  occasioned  vacancies, 
by  death  or  resignation  :  Provided.,  the  vacancy  shall  not 
exceed  three  months.  All  vacancies  which  shall  occur  for 
a  longer  time,  tlie  board  shall  give  ten  days'  notice  by  post- 
ing up  at  least  three  advertisements  in  said  town  for  such 
vacancy  to  be  filled  in  the  same  manner  as  provided  for  in 
regular  elections,  and  to  appoint  a  clerk  and  assessor,  a  Appuintrnwis. 
treasurer,  a  street  supervisor,  and  a  town  constable,  who 
shall  give  bond  and  security  in  such  amount  as  the  trustees 
may  require,  and  the  said  town  constable  shall  take  an 
oath  of  office  before  some  justice  of  the  peace  that  he  will 
faitiifully  discharge  the  duties  of  said  office,  and  it  shall  be 
his  duty  to  collect  all  fines,  and  serve  all  process  at  the 
suit  of  the  corporation,  and  to  do  such  other  matters  and 
things  pertaining  to  the  office  as  may  be  required  of  him 
by  the  ordinances  and  by-laws  of  said  corporation. 

§   3.     The  said    corporation  hereby  created  shall  have  samo  powers  h,p 
the  same  powers  as  are  conferred  upon  the  town  of  Gray-  ihe '^° "own '' e" 
ville  by  tiie  act  entitled  "An  act  to  incorporate  the  town  «"yviiie. 
of   Gray  ville.   White   county,"   approved  February    15th, 
1851,  and  in  addition  thereto,  shall  have  power  by  resolu- 
tion or  ordinance  of  said  board  of  trustees,  to  grant  or  sell 
the  right  of  way  to  any  railroad  company  incorporated  by 
this  state,  over  any  street  or  streets,  or  alleys  of  said  town, 
or  other  public  grounds,  on  such  terms  as  may  be  agreed 
upon  by  said  board  and  railroad  company. 

§  4.  The  qualified  voters  within  the  corporation  hereby  voters. 
created  shall  vote  on  the  first  Monday  of  April  next  for 
or  against  becoming  incorporated  under  this  act,  and  if  a 
majority  of  all  the  votes  cast  at  said  election  are  in  favor 
of  being  incorporated,  then  this  act  shall  be  in  full  for-ce, 
otherwise  to  be  of  no  force. 

Approved  February  12,  1853. 

[  s  ] 


1853. 


274 


AN  ACT  to  incorporate  the  Galena  Theological  Semina- v. 


NAijy-  airl  St 


Section  1.  Be  it  enacted  by  the  people  nf  the  state  of 
Illinois,  represented  in  the  General  Assembly,  That  John 
Blatchford,  Augustus  T.  Norton,  Livingston  M.  Glover, 
Samuel  T.  Howe,  William  Y.  Miller,  George  W.  Gale, 
Charles  A.  Williams,  Robert  W.  Patterson,  Harvey  Cur- 
tis, Hutchins  Taylor,  Aratus  Kent,  Shubael  G.  Spees,  Ed- 
v/Htfi  D.  Neill,  Cutting  Marsh,  William  H.  Spencer,  Thom- 
as T.  Waterman,  Horatio  Newhall,  Charles  S.  Hempstead, 
and  their  associates,  who  shall  hereafter  be  appointed  in 
accordance  with  the  provisions  of  the  constitution  under 
which  they  act,  and  their  successors,  are  hereby  constitu- 
ted a  body  politic  and  corporate,  under  the  name  and  style 

>■'"'•  of  the  "Galena  Theological  Seminary,"  to  be  located  at 
or  near  the  city  of  Galena  ;  and  by  that  name  and  style  to 
remain,  and  shall  have  perpetual   succession,  with  power 

ers.  to  sue  and  be  sued,  plead  and  be  impleaded,  and  be  capa- 
ble in  law  of  taking  and  holding,  by  gift,  grant  and  devise, 
or  otherwise,  and  of  purchasing,  and  holding  and  convey- 
ing, both  in  law  and  equity,  any  estate,  real,  personal  or 
mixed,  to  have  and  use  a  common  seal,  and  to  alter  the 
same  at  pleasure  ;  to  make  and  alter,  from  time  to  time, 
such  by-laws  as  they  may  deem  necessary  for  the  govern- 
ment of  said  institution,  its  officers  and  servants  :  Provided, 
such  by-laws  are  not  inconsistent  with  the  constitution  and 
laws  of  this  state  and  of  the  United  States. 

§  2.  The  government  of  the  seminary  shall,  at  all 
times,  be  vested  in  a  board  of  directors,  which  shall  con- 
sist of  eighteen  members,  together  with  such  other  direc- 
tors as  shall  be  hereafter  appointed  in  accordance  witii  the 
constitution  under  which  they  act  ;  one-half  of  said  direc- 
tors to  be  clergymen,  and  one-half  laymen;  and  in  all  cases, 
now  and  hereafter,  such  directors  are  to  be  connected  with 
and  members  of  the  Constitutional  Presbyterian  church  of 
tile  United  States  of  America,  or  some  other  evangelical 
church  receiving  the  Westminster  confession  of  faith. 

§  3.  The  board  of  directors  already  chosen  shall  be  di- 
vided into  three  classes,  to  be  numbered  one,  two  and 
three  ;  the  term  of  the  first  class  shall  expire  in  two,  the 
second  in  four,  and  the  third  in  six  years  from  tlie  first  day 
January,  one  thousand  eight  lumdred  and  fifty-three  ;  these 
classes  to  be  determined  by  lot.  Each  class  of  directors 
shall  hereafter  be  chosen  for  and  hold  their  office  during 
the  term  of  three  years,  with  the  exceptions  specified  in 
the  constitution  of  said  Theological  Seminary  :  Provided, 
hoivever,  that  it  shall  be  the  privilege  of  any  director  to  act 
with  the  board  until  his  succcpsur  shall  have  been  appoint- 
ed :  And,  provided,  also,  that  any  director  may  be  eligible 
to  a  re-election,  at  the  discretion  of  the  appointing  power, 


275  1853. 

which  appointing  power  is  hereby  forever  vested  in  the 
presbyteries  connected  with  that  body  or  denomination  of 
christians  known  as  the  Constitutional  Presbyterian  Church 
of  the  United  States  of  America,  and  in  the  board  of  di- 
rectors as  provided  in  the  constitution  of  said  Tiieological 
Seminary. 

§  4.  The  board  of  directors  shall  have  power  to  con-  T^it«"ry  dc 
nect  with  the  Theological  Seminary  aforesaid  such  a  class- 
ical or  literary  department  as  they  may  deem  essential  to 
the  main  object  of  the  institution  ;  such  a  department  to 
be  under  the  control  and  direction  of  the  board  of  direc- 
tors in  the  same  manner  as  the  Theological  Seminary,  and 
to  be  subject  to  sucli  rules  and  regulations  as  they  may  see 
fit  to  prescribe. 

§  5.    Equal  privileges  of  admission  and  instructions,  with  Admission, 
all  the  advantages  of  the  institution,  shall  be  allowed  to 
students  of  every  denomination  of  christians. 

§   6.     That  all  property,  of  whatsoever   kind    and  de- property. 
scription,  belonging  or  appertaining  to  said  seminary,  shall 
be  and  forever  remain  free  and  exempt  from  all   taxation, 
for  any  and  all  purposes  v/hatever. 

§  7.  This  act  to  take  effect  and  be  in  force  from  and 
after  its  passage,  and  it  shall  be  deemed  as  a  public  act, 
and  shall  be  construed  liberally  in  all  courts  for  the  purpo- 
ses therein  expressed. 

Approved  February  9,  1853. 


AN  ACT  to  amend  an  act  entitled  "An  act  to  incorporate  \he  city  of  Jo-  m -nrop  Frb    -» 
lie t,"  passed  June  19,  1852.  ^  Tsss. 

Section   1.     Be  it  enacted  hy  the  people  of  the  fit  ate  of 
Illinois,   represented  in  the  General  Assembly,  That  the  common sclooh 
common  council  of  the  city  of  Joliet  shall  have  the  man- 
agement and   control  of  common  schools  within  the  cor- 
porate limits  of  said  city. 

§   2.     All  school  houses  and  lots  purchased  for  the  erec-  gchooi  property 
tion  of  school  houses  belonging  to  the  trustees  of  schools  vested  in  city  ot 
of  township  thirty-five  north,  range  ten,  lying  within  the  ■^°"'** 
city  limits,  or  to   any  school  district   or   part  of  district 
therein,  and  all  taxes  assessed  and  collected  for  the  pur- 
pose of  building  school  houses  therein,  is  hereby  vested  in 
the  city  of  Joliet  for  school  purposes. 

§   3.     The  city  council  shall  have  power — 

1st.     To  erect,  hire  or  purchase  school  houses  and  keep  schooi  iiouse». 
the  same  in  repair. 


1853.  276 

T:ix.  :?d.     To  assess  and  collect  annually  a  tax  not  exceeding 

two  mills  on  the  dollar  on  all  taxable  property  in  s.'.id  city, 
for  the  support  of  coinmon  schools. 

School  fund.  3d.     To  demand  and  receive  from  the  trustees  of  schools 

for  township  thirty-five  north,  range  ten  east,  and  from  the 
treasurer  of  tlie  school  fund  for  said  townsliip,  st  mi-an- 
nually,  such  portion  of  the  interest  of  said  school  'und  by 
law  appropriated  to  the  payment  of  teachers  in  said  town- 
ship as  the  schools  and  scholars  in  said  city  are  now  or 
may  hereafter  be  by  law  entitled  to  receive. 

,  pvy  mid  coii-ct      4t.h.     To  levy    and   collect  taxes    on  property   of  any 
wx.  ward  or  part  of  ward  or  wards  for  the  purpose  of  building 

and  repairing  bridges,  school  houses,  and  other  local  im- 
provements. 

K!.!ot  s.;hooi  in-      §  4.     The  legal  voters  of  t^ach  ward  in  said  city  shall, 
g]Kc.u,r.  Qjj  ^iig  f^j.g|;  Saturday  of  April  next,  and  annually  there- 

after, elect  one  school  inspector  for  their  respective  wards, 
and  the  inspectors  so  elected  shall  be  denominated  "board 
of  school  inspectors,"  wiio  shall  perform  the  duties  now 
required  by  law  of  directors  of  school  districts,  so  far  as 
tlie  same  relates  to  hiring  teachers,  visiting  and  superin- 
tending schools  and  signing  schedules,  and  such  other  and 
further  duties  as  the  common  council  sliall  direct  i^y  ordi- 
nance. A  majority  of  said  inspectors  shall  constitute  a 
quorum  to  transact  business. 

stylo.  §   5.     The  style  of  the  ordinances  of  said  city  shall  be  : 

^'Be  it  ordained  hy  the  common  connciloj  the  city  of  Joliet.^^ 

Spatial  tax.  §  6.     The  common  council  shall  have  power  to  levy  and 

collect  special  taxes  on  owners  of  lots,  according  to  their 
respective  fronts  owned  by  them,  for  the  purpose  of 
grading,  paving  and  planking  streets  and  side- walks, 
alleys,  lanes  or  avenues,  constructing  drains  and  sewers, 
digging  wells,  con?;tructing  pumps  and  lighting  streets,  and 
to  direct  by  ordinance  the  manner  of  assessing  and  collect- 
ing all  city  taxes  :  Provided^  such  ordinances  shall  not  be 
inconsistent  with  the  constitution  of  this  state  or  of  the 
United  States. 

-^PT)olnt   sctiii!:      §  7.     The  common  couiicil  shall  have  power  to  appoint 
juayoi.  ^^  acting  mayor  in  case  of  the  temporary  absence,  sick- 

ness or  other  disability  of  the  mayor. 

5  8.     The  common  council  shall  have  power  to  appoint 

Ju^Ucr;      of     the  •>  ,.  .        ..  p    ,,  r  ,       ,',  r 

peace.  oue  or  more  ponce  justices  ot  the  peace,  who   shall  have 

jurisdiction  in  any  action  for  the  recovery  of  any  iine  or 
penalty  under  this  act,  or  the  act  to  which  tins  is  an 
amendment,  or  any  ordinance,  by-law  or  police  rej;ulation 
of  the  common  council,  anything  in  the  laws  of  tiiis  state 
to  the  contrary  notwithstanding.  Such  police  ju.^tce  shall 
have  power  to  iine  or  imprison,  or  both,  in  his  di  cretion, 
where  discretion  may  be  vested  in  him  by  ordinance  or 
regulation. 


277  1853. 

^   9.     The  common  council  shall  iiave  ])o\ver  to  appoint  s:ie"t  midtdu 
one  or  more  street  commissior:ers  for  each  ward,  wiio  shall  ^"''"'^" 
superintend    all    local    improvements  in   their    resjjective 
wards,  :iik1  carry  into  effect  all  orders  of  the  common  coun- 
cil in  re hition  thereto. 

§  10.  At  the  next  regular  election  for  aldermen,  and  cjyinarshnu 
annually  thereafter,  t!iere  sliall  be  elected  by  the  electors 
of  said  city,  a  city  mars'ial,  who  shall  ])erform  such  duties 
and  services  and  be  qualified  as  the  ordinances  of  said  city 
prescribe,  or  may  hereafter  prescribe,  and  shall  have  the 
same  p  v-ver  to  serve  iprocess  in  Will  county  as  constables,  •''"''''''^■*'""- 
and  rec'Mve  the  like  fees;  also  in  each  of  the  wards  of  said 
city  there  shall  be  ehiuted  one  justice  of  the  peace,  who  •^'''>i''^e"f  J"^^'''^'' 
shall  bi  commissioned  and  qualified  as  other  justices  of  the 
peace  are  now  commissioned  and  qualified,  and  shall  have 
the  sam?,  jurisdiction,  perform  the  same  duties  and  receive  Jin^'^'^tio"- 
the  same  fees  as  other  justices  of  the  peace,  and  shall  per- 
form S!!ch  other  duties  and  service  as  the  ordinances  of  said 
city  shail  or  may  prescribe,  and  shall  hold  their  otiices  for 
one  yeir,  and  until  their  successors  are  elected  and  qual- 
ified. Also,  there  shall  be  elected  in  each  ward  one  con- 
stable, who  shall  give  bond  and  be  qualified  as  other  con- 
stables, and  shall  execute  all  process,  and  perform  the 
same  duties  in  said  city,  and  in  Will  county,  as  other  con- 
stable.-:, and  receive  the  like  fees,  and  shall  perform  such- 
other  duties  and  services  as  shall  or  may  be  prescribed  by 
ordinaiioes  or  by-laws  of  said  city,  and  siiall  hold  their 
offices 'foi-  one  year,  and  until  tlieir  successors  are  eiected 
and  q  .alified. 

Thi>  act  shall  take  effect  and  be  in  force  from  and  after 
its  pa-;:  ).ge. 

Approved  February  10,  1853. 


AX    AC  r  !o  im:ori).T:.ve  IIk.'  tj'.vn  of   Mor.  ':<,  in  Gr  .ndy  coiinly.  ,.j  f-^^^^,  p^^,  l-,, 

1953. 

Section   1.     Be  ilenadedhy  the  people  of  the  state  of  lll- 
inoU^  represented  in  tlie  General  Ah senihly^  That  the  resi- i3„dy   .on-orat* 
dent  iniiabitants  of  the  town  of  Morris,  in  Grundy  county,  '^»ip"i''^''^- 
be  and  they  are  hereby  constituted  a  body  politic  and  cor- 
porate, by  the  name  and  style  of  "Tiie  President  and  Trus- 
tees of  t'le  town  of  Morris,"   and    by  that   name  sliail  be 
known  m  law,  and  have  perpetual  succession,  may  sue  and  General  puwr^i. 
be  sueil,  pie  td  and  be  impleaded,  defend  and  be  defended,  in 
all  CO  irts  of  law  and  equity,  and  in  all  actions  and  matters 
what-^oever  ;  may   purcliase,  receive,  hold  and  grant  real 
and  per.-jonal  property  within  the  limits  of  said  town,  and 


1853.  278 

no  otiier,  (except  for  burial  grounds,)  and  may  sell,  lease 
and  dispose  of  tlie  same  for  the  benefit  of  the  town;  may 
have  and  use  a  common  seal,  and  alter  the  same  at  pleasure  ; 
and  may  do  all  other  acts  as  natural  persons  which  may 
be  necessary  to  carry  out  tlie  powers  hereby  granted. 

idaries.  §   ^-     The  boundaries  of  said  town  shall    be  as  follows, 

to  wit,  beginning  at  the  northeast  corner  of  the  northwest 
quarter  of  section  number  three,  in  township  number  tliirt}'- 
three  north,  range  seven,  east  of  the  third  principal  meri- 
dian ;  running  thence  west  one  mile  to  the  centre  of  the 
nortii  line  of  section  four  ;  thence  south  through  the  centre 
of  section  four  and  nine,  to  a  point  four  rods  south  of  the 
top  of  south  bank  of  the  Illinois  river ;  thence  in  an  east- 
erly direction  along  the  said  bank,  following  the  course  of 
the  said  river,  four  rods  from  the  top  of  the  bank  to  the  in- 
tersection of  the  east  line  of  the  nortliwest  quarter  of  sec- 
tion ten  ;  thence  north,  along  said  last  mentioned  line  and 
through  the  centre  of  seciion  three,  to  the  place  of  begin- 
ing;  and  all  the  territory  included  within  the  lines  aforesaid 
is  iiereby  declared  to  be  within  the  corporate  limits  or 
boundaries  of  said  town  of  Morris. 

CIS  vested.  §  3.  The  corporate  powers  of  said  town  shall  be  vested 
in  a  president  and  six  trustees,  who  shall  constitute  a  board 
for  the  transaction  of  business,  and  who  shall  serve  with- 
out compensation  while  sitting  in  that  capacity. 

§  4.  Said  town  shall  be  at  present  be  divided  into  three 
wards,  as  follows  :  all  the  territory  embraced  Vvithin  the 
limits  and  boundaries  of  said  t6wn  south  of  Wasllington 
street  shall  constitute  the  first  ward  ;  ail  the  territory  north 
of  Washington  street  and  west  of  Liberty  street,  shall  con- 
stitute the  second  ward  ;  and  all  the  territory  nortii  of 
Wasllington  street  and  east  of  Liberty  street,  shall  consti- 
tute the  third  ward.  The  qualified  voters  of  each  of  which 
said  wards  shall  annually  elect  two  trustees  of  said  town, 
and  the  qualified  voters  of  said  town  shall  annually,  at  the 
time  of  electing  trustees,  elect  a  jiresident  of  said  town, 
who  shall  be  president  of  the  board  of  trustees,  iiaving  only 
a  casting  vote  in  said  body;  they  shall  also  at  the  same  time 
elect  a  treasurer,  who  shall  be  ex  oj/lciu  collector,  and  have 
the  same  power  as  other  constables  in  said  county  ;  said 
treasurer  and  constable  shall  receive  such  compensation 
and  in  the  same  manner  as  is  prescribed  by  law  for  consta- 
bles and  for  county  treasurers  and  collectors  and  assessors, 
under  the  general  laws  of  this  state,  for    simiJiir  sei  vices. 

:prs  ducted.  §  5.  The  president  and  members  composing  the  board  of 
trustees  shall  be  elected  annually,  on  the  first  JNIonday  in 
April,  (except  the  first  election,  which  shall  be  licld  on  the 
twenty-fourth  day  of  Sej)teinber  next,)  to  serve  one  year 

imcation   .ifand  until  others  shall  be  elected  and   qualified;  they  shall 

'■-•«•  have  the  requisite  qualifications  to  vote  for  state  officers, 


279  1853. 

shall  have  resided  one  year  in  said  town,  and  the  trustees 
shall,  at  the  time  of  their  election,  be  residents  of  the  ward 
for  which  t'ley  arc  elected.  The  treasurer  and  constable 
shall  have  the  same  qualifications,  and  shall  hold  tlieir  offices 
for  one  year.  No  person  shall  vote  at  any  sucii  election 
unless  he  shall  be  a  legal  qualified  voter  for  state  officers, 
and  shall  have  resided  in  said  town  six  months  next  pre- 
ceding the  election,  nor  shall  any  person  be  allowed  to  vote 
except  in  the  ward  where  he  shall  reside. 

§  6.  The  treasurer  and  constable  shall  severally  exe-Bona. 
cute  bonds,  with  good  and  sufficient  security,  in  the  pen- 
alty of  at  least  one  thousand  dollars,  payable  to  the  cor-  ■ 
poration  by  its  corporate  name,  to  be  approved  by  the 
board  of  trustees  at  their  first  meeting  after  the  election, 
and  conditioned  for  the  faithful  discharge  of  the  duties  of 
their  respective  offices  ;  which  bond,  with  tlie  approval  of 
the  board  indorsed  thereon  by  the  clerk,  sliall  be  filed  in 
the  office  of  the  clerk  of  the  corporation,  before  said  officers, 
or  either  of  them,  shall  enter  upon  the  duties  of  their 
respective  offices. 

§  7.  It  shall  be  the  duty  of  tlie  boai'd  of  trustees,  in  ;.,Tot,cc  of  tcwr 
such  manner  as  they  may  provide,  to  give  notice  of  all  nieetnigv. 
town  meetings  and  special  elections  to  he  held  under  the 
provisions  of  this  act,  by  publishing  notice  tliereof  at  least 
one  week  prior  thereto  in  some  public  newspaper  printed 
in  said  town,  or  if  there  be  no  such  paper,  then  by  posting 
up  written  or  printed  notices  thereof  ten  days  before  such 
meeting  or  election,  in  three  of  the  most  public  places  in 
each  ward  of  said  town,  which  notice  shall  state  the  time, 
place  and  object  of  such  meeting  or  election. 

§  8.  The  board  of  trustees  shall  appoint  a  clerk  of^vp^ointicnts. 
their  board,  a  town  surveyor,  and  one  street  commissioner 
in  each  of  the  wards  of  said  town,  and  may  by  ordin  mce 
provide  for  their  compensation.  They  shall  have  power  to 
appoint  such  other  officers  as  the  interest  of  the  town  may 
in  their  judgment  require.  Said  board  of  trustees  shall 
be  the  judges  of  the  election  and  qualification  of  their  own 
members,  and  all  other  officers  of  the  town  ;  they  shall  have 
power  to  fill  all  vacancies  in  the  board  occasioned  by 
death,  resignation  or  six  months  absence  of  any  member 
thereof,  a  majority  shall  constitute  a  quorum  to  do  business, 
but  a  smaller  number  may  adjourn  from  day  to  day  and 
compel  the  attendance  of  absent  members,  under  such 
penalties  as  the  board  may  provide. 

§  9.  The  president  of  the  board  of  trustees  shall  have  special ni>;et!ngi 
full  power  to  call  special  meetings  of  the  board,  whenever 
in  his  opinion  the  public  good  may  require  it.  He  shall 
have  and  exercise  exclusive  original  jurisdiction  in  all 
cases  arising  under  the  ordinances  of  the  corporation,  and 
concurrent  jurisdiction  with  justices   of  the  peace  of  the 


1853.  280 

count)-  of  Grundy,  in  all  oivil  and  criminal  cases  arising 
ommissiorirM  in  Said  count}'.  He  shall  be  commissioned  by  the  governor 
hygovcrnui,  ^^  a  justice  of  tlic  pcacB,  and  shall  receive  the  same  fees 
and  compensation  for  iiis  services  as  other  justices  of  the 
peace  receive  for  similar  services.  A{)peals  and  writs  of 
certiorari  m'^y  be  prosecuted  from  his  judgments  in  the 
same  manner  as  from  the  judgments  of  other  justices  of 
the  peace. 
,  ,  ,  ,  ..  Q  10.  The  board  of  election  for  each  ward  shall  be 
composed  of  two  trustees  elected  therein  ;  tliey  sliali  ap- 
point one  clerk  at  each  election,  who  sliall  be  sworn  before 
entering  upon  the  duties  of  said  office,  faithfully  to  peiform 
its  duties,  and  studiously  to  endeavor  to  prevent  frauds  in 
conducting  such  election  ;  and  said  trustees  shall  in  like 
manner  be  sworn  as  judges  of  said  election.  Such  election 
shall  be  by  ballot,  and  the  votes  shall  be  canvassed  in  the 
same  manner  as  at  general  elections,  and  the  result  certi- 
fied by  the  judges  and  clerk  ;  which  certificate,  together 
witli  the  poll  list,  shall  be  sealed  up  and  returned  to  the 
board  of  trustees  at  its  next  regular  meeting. 

§    li.     The  board  of  trustees  shall  hold  a  regular  meet- 


If/Dljr      meet- 


ing to  determine  and  decide  on  elections  on  the  next  Mon- 
day following  any  general  and  special  election,  and  they 
shall  also  meet  regularly  for  the  transaction  of  business 
on  tlie  second  Monday  of  January,  April,  July  and  Octo- 
ber of  each  year,  or  oftener  if  the  board  shall  deem  it 
necessary  for  the  public  good. 
!,.'/y  and  coiie-f  §  ^^'  '^^^^  board  of  trustees  shall  have  power  to  levy 
"■y-  and  collect  taxes  for  the  general  purposes  of  the  corporation 

annually,  upon  all  real  and  personal  property  within  the 
corporation,  in  any  sum  they  may  deem  expedient,  but 
never  to  exceed  three-fourths  of  one  j)er  cent,  upon  the 
assessed  value  thereof,  and  may  enforce  the  payment  of 
the  same  in  any  manner  to  be  prescribed  by  ordinance, 
not  repugnant  to  the  constitution  of  the  United  States,  or 
of  this  state  ;  to  make  regulations  to  secui-e  the  general 
r„wwH  .,r  city  health  of  the  inhabitants;  to  declare  what  shall  be  con- 
sidered nuisances,  and  to  order  the  removal  of  any  that 
may  be  found  within  the  limits  of  the  corporation,  and  at 
their  oj)tion  to  employ  some  suitable  j)erson  to  remove  the 
same,  or  to  enforce  the  removal  thereof  upon  the  owner 
or  owners  thereof,  by  fine  or  imprisonmeut,  or  both  ;  to 
restrain  cattle,  liorses,  sheep',  hogs  or  dogs  from  running 
at  larg*' ;  to  erect  and  keep  in  rej)air  biidges;  to  license 
and  regulate  auctions,  fei'iits,  theatrical  and  othei-  shows 
and  amusements;  to  restrain  and  prohibt  gambling  houses 
and  other  disorderly  houses  ;  to  prevent  the  improper  use 
of  fire  arms  within  the  limits'  of  the  corporation,  or  any 
part  thereof;  to  establish  and  erect  markets  ;  to  open  and 
keep  in  repair  streets,   avenues,   lanes,   alleys,  drains  and 


281  1858. 

sewcrs!  ;  to  establish  and  regulate  a  fire  department,  and 
provide  for  the  prevention  and  extinguishment  of  fiix-s  ;  to 
dig  Weils  and  erect  pumps  for  the  convenience  of  the  in- 
habitants ;  to  regulate  the  storage  of  gunj)owder  and  other 
combustible  materials,  and  to  pass  all  ordinances  which 
may  be  necessary  to  carry  into  effect  the  provisions  of  this 
act,  imposing  fines  and  forfeitures  for  the  breach  of  any 
ordinance,  and  providing  for  the  correction  thereof;  to 
provide  for  the  imprisonment  of  offenders  against  the  ordi- 
nances of  the  town  :  Provided^  that  such  imprisonment 
shall  not  exceed  thirty  days  for  any  one  offence  :  ./?/?y/ 
provided  further,  that  they  may  by  ordinance  provide 
that  such  imprisonment  may  be  commuted  to  work  on  the 
streets  of  said  town  for  the  same  length  of  time. 

§  13,  Said  boaid  of  trustees  shall  have  power  to swe-waihs, 
pass  such  ordinances  providing  for  the  construction  of  side- 
walks and  cross  walks  as  the  interest  of  the  town 
may  from  time  to  time  require  ;  and  also,  for  paving,  gra- 
ding and  lighting;  the  streets  of  the  town,  which  shall  be 
done  by  means  ola  special  tax  on  the  property  directly  ben- 
efitted thereby,  or  by  the  owner  or  owners  of  the  lots  in 
part  [li'ontj  of  which  such  improvements  are  made. 

§  14.  If  at  any  time  the  board  of  trustees  shall  open,  street?, 
extend,  widen,  narrow  or  vacate  any  street,  road  or  alley 
within  the  town,  they  shall  cause  a  just  compensation  to  be 
made  to  the  person  or  persons  injured  thereby,  to  be  ascer- 
tained by  a  jury  of  six  disinterested  men,  to  "be  summoned 
by  the  town  constable,  giving  the  persons  interested  three 
days'  iujtice  thereof.  Said  jury  shall  be  sworn  to  decide  im- 
partially ,  and  shall  report  their  verdict  to  the  board  of  trus- 
tees at  their  next  meeting,  and  their  verdict  shall  be  final, 
and  the  damages  so  awarded  shall  be  paid  to  the  individu- 
als in  U' rested  before  any  alteration  in  such  streets  or  alleys 
shall  be  made. 

§  15.  That  the  collector  of  the  town  shall  be  provided  Tax  m. 
by  the  board  of  trustees  with  a  tax  list  containing  the  names 
of  all  the  taxable  inhabitants  of  said  town,  together  with 
the  description  of  the  real  estate  upon  which  taxes  are  lev- 
ied, the  tax  upon  each  lot  to  be  separate  and  distinct;  and 
said  collector  shall  call  at  least  once  upon  every  individu- 
al from  whom  taxes  may  be  due,  either  at  the  residence  of 
such  t.ix  payer  or  elsewhere.  If  •  iy  of  the  taxes  in  said  Advenisintf. 
tax  list  sliil  remain  unpaid,  he  shall  then  advejtise  said 
lots  in  some  public  newspaper  for  the  space  of  thirty  days, 
stating  in  such  advertisement  the  amount  due,  together 
with  cust  of  advertising,  and  that  unless  the  same  sliall  be 
paid  by  a  certain  day,  to  be  fixed  by  ordinance,  application 
will  bt-  made  to  tlie  county  court  of  Grundy  county  for 
judgiuf^iit  against  saiu  lots  for  the  amount  of  taxes  and  cost 
due  iliereon,  and  tiiat  the  same  be  sold  for  the  payment 


1853. 


thereof,  and  the  sheriff  of  Grundy  county  shall,  on  Ivlonday 

of  the  week  next  after  such  court  shall  be  held,  proceed  to 

Sell   aeiinquent  offer  Said  lots  for  sale  to  any  person  who  will  pay  said  tax- 

''"'^'  es  and  cost  for  the  least  portion  of  each  lot  respectively, 

and  shall  give  to  the  purchaser  certificates  of  purchase 
therefor,  wiiich  shall  entitle  the  purchaser  to  a  deed  as 
hereinafter  provided,  at  tlie  expiration  of  two  years,  in  case 
the  same  shall  not  be  redeemed  by  the  payment  of  doable 
the  amount  for  which  such  lots  were  sold,  together  with  all 
costs.  At  the  expiration  of  two  years  from  the  date  of  such 
sale,  said  sheriff,  or  his  successor  in  office,  shall  execute  a 
deed  to  the  purchaser  or  purchasers,  which  shall  vest  in  ■ 
him  or  them  all  the  rights  of  property  in  said  lot  or  lots  : 
Provided,  that  notice  be  first  given  to  the  owner  or  occu- 
pant of  such  lot  or  lots,  in  accordance  with  the  constitution 
and  laws  of  this  state  regulating  the  sale  of  land  for  taxes. 
^  ^^^  §   16.     If  the  board  of  trustees  of  said  town  of  Morris 

shall  at  any  time  determine,  by  ordinance  duly  passed  and 
published,  to  have  the  side-walks  of  any  street  or  streets 
or  of  any  part  of  the  streets  of  said  town  paved  or  planked, 
said  board  may,  by  ordinance,  require  the  respective  own- 
ers of  the  lots  or  ground  in  front  of  which  pavements  or 
plank  walks  are  to  be  made,  to  plank  or  pave  the  same  in 
accordance  with  the  ordinances  of  said  board  ;  and  if  the 
side-walks  in  front  of  any  lot  or  piece  of  ground  shall  not 
be  made  when  directed  as  aforesaid,  said  board  of  trustees 
may  cause  the  side-walks  in  front  of  any  such  lot  or  j)iece 
of  ground  to  be  made,  and  the  cost  thereof,  to  be  ascertain- 
ed and  determined  by  saj^  board,  shall  be  a  charge  against 
such  lot  or  piece  of  ground,  and  may  be  collected  by  the 
sale  of  such  lot  or  piece  of  ground,  in  the  same  manner  that 
other  taxes  are  collected  ;  and  after  the  side-walks  shall  be 
made  as  above  provided,  said  board  may  provide  by  ordi- 
nance that  such  side-walks  shall  be  kept  in  repair  by  a 
special  tax  upon  the  lots  or  pieces  of  ground  in  front  of  i 
which  such  side- walks  are  made. 

Gnuie  stroets.  §  17.  Whenever  it  may  be  necessary,  in  the  opinion  of: 
said  board,  to  fill  up  or  grade  any  lot  or  piece  of  ground,  or 
the  street  in  front  tliereof,  on  failure  of  the  owner  or  own- 
ers to  fill  up  or  grade  the  same  in  accordance  with  the  di- 
rections of  said  board,  it  shall  be  lawful  for  said  board  of 
trustees  to  cause  the  same  to  be  done,  and  to  ascertain  in 
sucli  manner  as  said  board  may  provide  the  cost  thereof, 
and  the  amount  so  ascertained  shall  be  a  lien  against  any 
such  lot  or  piece  of  ground,  and  if  it  shall  not  be  paid,  it 
shall  be  collected  by  the  sale  of  such  lot  or  piece  of  ground 
in  the  same  manner  in  which  other  taxes  are  collected. 

xuisancc.  §    l^-     If  tiie  condition  of  any  lot  or  piece  of  ground  in 

said  corporation,  or  the  condition  or  manner  of  keeping  or 
existence  of  any  thing  thereon  erected,  shall  by  said  board, 


283  1853. 

01'  by  the  ordinances  by  them  passed,  be  deemed  to  be  a 
nuisance,  said  board  may,  by  eitlier  general  or  special  or- 
dinance, duly  passed,  cause  tlie  same  to  be  abated,  and 
impose  such  penalties  as  they  may  see  fit  for  the  existence 
or  continuance  of  such  nuisance.  And  when  any  sucli  nui- 
sance shall  exist  within  the  bounds  of  said  corporation,  the 
president  of  said  board  may  cause  the  owner  or  occupier 
of  any  such  lot  or  piece  of  ground  to  be  summoned  to  ap- 
pear before  him,  to  sliow  cause  why  such  lot  or  piece  of 
ground  should  not  be  condemned  to  pay  the  penalty  or  pen- 
alties imposed  by  said  board  for  the  existence  or  continu- 
ance of  such  nuisance;  and  at  the  hearing  tliereof  said  pres- 
ident may  condemn  such  lot  or  piece  of  ground  to  pay  such 
penalty  or  penalties  as  he  may  adjudge  to  have  accrued 
against  it,  und  such  adjudication  shall  be  conclusive  upon 
all  persons  who  may  claim  any  interest  in  such  lot  or  piece 
of  ground,  and  the  penalty  so  adjudged  to  be  paid  shall 
constitute  a  lien  upon  said  lot,  and  may  be  enforced  and 
collected  in  the  same  manner  that  other  taxes  are  collec- 
ted. 

§  19.  The  territory  within  the  boundaries  of  said  cor-Townswp  u 
poration  shall  still  continue  to  form  a  portion  of  the  town- 
ship of  Morris,  as  organized  under  the  township  organiza- 
tion law,  and  town  meetings  shall  be  held  and  township 
officers  elected  for  said  township  in  the  same  manner  as  if 
this  act  had  not  been  passed  ;  but  the  commissioners  of 
highways  shall  have  no  authority  to  interfere  in  any  man- 
ner with  the  streets  or  roads  within  the  boundaries  of  said 
corporation,  nor  to  levy  any  tax  for  road  purposes,  nor 
shall  they  exercise  any  authority  therein. 

§  20.  On  the  first  Monday  in  May  next  an  election  vote  upon  char- 
shall  be  held  in  said  town  of  Morris,  at  which  the  inhabi- 
tants residing  within  the  territory  described  in  the  second 
section  of  this  act,  who  are  qualified  to  vote  for  state  offi- 
cers, shall  vote  for  or  against  the  adoption  of  this  charter, 
which  election  shall  be  by  ballot,  and  shall  be  conducted 
in  such  manner  as  the  president  and  trustees  of  the  town 
of  Morris,  as  now  organized,  sliall  prescribe.  If  a  major- 
ity of  all  the  votes  given  at  said  election  shall  be  in  favor 
of  the  adoption  of  this  charter,  the  same  shall  immediately 
become  a  law,  and  sliall  be  in  full  force  and  effect  there- 
after; but  if  a  majority  of  all  the  votes  given  shall  be 
against  the  adoption  of  said  charter,  then  tliis  act  sliall  be 
of  no  effect. 

§   21.     In  case  this  charter  shall  be  adopted  by  a  major- Return  of   poii 
ity  of  all  the  votes  given  as  aforesaid,  one  copy  of  the  poll  ^'""''*- 
books  of  said  election  shall  be  filed  with  the   clerk  of  the 
county  court  of  the   county  of  Grundy,  and  another  copy 
shall  be  deposited  with  the  clerk  of  said  corporation  imme- 
diately after  his  appointment,  and  shall  be  by  him  recorded 


1853. 


284 


at  length  in  a  book  to  be  provided  for  that  purpose,  and 
said  record  shall  be  received  in  all  courts  and  places  as 
conclusive  evidence  of  the  incorporation  of  said  town  of 
Morris  under  this  charter. 

§  22.  This  act  shall  be  deemed  a  public  act,  and  shall 
be  favorably  construed  in  all  courts  for  the  objects  and 
purposes  tlierein  contem[)lated. 

Approved  Febuary  12,  1853. 


Jn  force  Peb.  12,  AN  ACT  to  incorporate  the    Springfield,  Alliens  and  Havcma  Ph 
1853.  Coin.oaiiv. 


ik  Road 


Skction   1.     Be  it  enacted  hy  the  people  of  the  state  of 

rorporatois.  I/ti)i)i<i.  represented  in  the  General  Jlssemblij,  That  John 
Williams,  Pascal  P.  Edos,  Joseph  Klein,  Virgil  Hickox,  Wil- 
liam Jayne,  William  Engle,  James  Walker,  A.  J.  Rockwell 
and  JoliJi  M? Cowan  be  and  they  and  their  assigns  and  suc- 
cessors hereby  are  made  and  constituted  a  body  corporate 

xame  and  style,  and  politic,  by  the  name  and  style  of  "The  Springfield, 
Athens  and  Havana  Plank  Road  Company;"  and  shall  have 

Geaerai  powers,  power  to  sue  and  be  sued,  to  contract  and  be  contracted 
with,  complain  and  defend,  in  any  court  of  law  or  equity; 
to  make  and  use  a  common  seal,  and  alter  the  same  at 
pleasure  ;  to  make  by-laws,  rules  and  regulations  for  the 
management  of  its  property,  the  regulation  of  its  affairs, 
tlie  appointment  and  number  of  its  oificers  and  agents,  the 
negotiation  and  execution  of  its  contracts  and  the  transfer 
of  its  stock,  not  inconsistent  with  the  laws  of  tliis  state  or 
the  United  States,  and  to  take  and  hold  sufficient  real 
estate  for  the  enjoyment  of  all  the  privileges  herein  granted, 
and  to  grant  and  convey  the  same  at  pleasure. 

Capital  jiooic  §   ^-     Tlie  capital  stock  of  said   company  shall  be  fifty 

thousand  dollars,  which  shall  be  considered  as  personal 
property,  exce[)t  for  revenue  purposes,  when  it  shall  be 
cou'^idered  and  taxed  as  real  estate.  It  shall  he  divided  into 
shares  of  thirty  dollars  each,  and  shall  be  transferable  ac- 
cording to  the  by-laws  of  said  company. 

piwcr  to  tall  §  ^-  ^*'^  corporation  shall  have  power  to  construct, 
Btruct.  maintain  and  continue  a  plank  road  of  such  width  and  upon 

siicli  route  as  may  by  the  directors  of  said  company  be 
deemed  advisable,  from  the  city  of  Springfiehl,  in  the 
comity  of  Sdn;.5amon,  to  Athens,  in  the  county  of  iVIenard. 
^  4.  The  said  Jolin  Williams,  Pascal  P.  JEiios,  Joseph 
Ktvln,  Virgil  Hickox,  William  Jayne,  William  Engle,  James 
Walker,  A.  J.  Rockwell,  and  John  McCowan,  or  a  ma- 
jority of  them,  shall   be  commissioners   for  receiving  sub- 


oiumlBsioucr 


285  1853. 

scriptions  to  the  stock  of  said  company,  when  and  where 
they,  or  a  majority  of  them,  shall  agree  upon,  autj  may  re- 
quire payment  of  such  amount  at  the  time  of  subsciiption, 
and  at  such  times  thereafter  as  may  be  by  them  deemed 
advisable. 

§  5.  The  affairs  of  said  company  shall  be  managed  hy  f^^^^^^^^,,^^ 
five  directors,  a  majority  of  whom  shall  form  a  quorum  for  'i"^*'". 
the  transaction  of  business,  and  who  shall  be  chosen  as 
soon  as  the  sum  of  ten  thousand  dollars  shall  be  subscribed 
of  the  stock  of  said  company,  after  which  said  corporation 
may  commence  the  surveys  and  construction  of  its  roads. 
Said  directors  shall  be  chosen  at  such  time  and  place  as 
shall  be  decided  upon  by  said  corporation,  due  notice 
thereof  having  been  given  to  the  stockholders.  After- f^'ecHonf. 
wards  elections  for  directors  shall  take  place  annually,  at 
such  time  and  place  as  the  by-laws  shall  prescribe,  due 
notice  thereof  being  given.  All  elections  shall  be  by  bal- 
lot, and  each  stockholder  shall  be  entitled  to  as  many  votes 
as  he  shall  own  shares  of  stock,  and  the  persons  having 
the  greatest  number  of  votes  shall  be  the  directors,  and 
shalf  continue  in  office  until  their  successors  are  elected 
and  qualified. 

§  6.  Said  directors  shall  have  power  to  erect  and  Toii-gates. 
maintain  such  toll-houses,  toll-gates,  rnd  other  buildings 
for  the  management  and  accommodation  of  said  road,  and 
the  travel  and  transport  thereon,  as  they  may  deem  suit- 
able to  its  interests,  and  demand,  collect  and  receive  of 
and  from  any  and  every  person  using  said  road,  or  so  much 
thereof  as  may  be  completed,  toll,  to  be  regulated  by  the^"*'>^<'' <^^'- 
directors,  but  not  to  exceed  the  rates  prescribed  by  "An 
act  to  provide  for  the  construction  of  plank  roads  by  a 
general  law,"  approved  February  12th,  1849  ;  and  the  first, 
third,  fourth  and  sixth  sections  of  an  act,  approved  Feb- 
ruary 1st,  1851,  amendatory  of  said  act  of  Febriiary  12th, 
1849,  and  the  act  approved  February  17th,  1851,  further 
to  amend  the  act  of  February  12th,  1849,  are  made  part 
of  the  charter  hereby  granted,  as  far  as   applicable  thereto. 

§  7.  The  corporation  hereby  created  is  authorized  to  jii^.^^j,f^3j.^ 
acquire  by  voluntary  cession  or  purchase  from  the  owner 
the  right  to  construct  said  road  over  any  lands  belonging 
to  individuals,  companies  or  corporations  on  the  route 
adopted  for  the  construction  of  said  road;  and  in  case  said 
corporation  cannot  obtain  the  riglit  to  construct  said  road 
over  the  lands  owned  by  any  individual,  company  or  cor- 
poration by  voluntary  cession  or  purchase,  it  shall  be  law- 
ful for  said  corporation  to  appropriate  and  vse  so  much  of 
said  land  as  shall  be  necessary  for  the  proper  construction 
of  said  road,  on  complying  with  the  provisions  of  an  act 
entitled  "An  act  to  amend   the   law    condemning  right  of 


1853. 


Kovrew  money. 


286 

way  for  purposes  of  internal  improvement,"  approved  June 

22d,  1852.  ,  ^      .  .      ,,     . 

§  8.  Said  corporation  is  liereby  vested  with  all  the 
powers  conferred  on  plank  road  companies  organized  un- 
der tlie  creneral  laws  for  the  construction  of  plank  roads,  to 
make  contracts  with  county  and  city  authorities  for  the 
use  of  any  part  of  a  public  highway  or  street  for  the  con- 
struction of  said  road. 

§   9.     Said   corporation,  in  and  about  the  construction 
of  said  road,  and  to  aid  them  therein,  may  borrow  money 
not  exceeding  in  amount  seventy-five  thousand  dollars,  and 
at  any  rate  of  interest  not  exceeding  ten  per  cent,  per  annum. 
a„.a,.oncoun-      5    10.     The    county   of   Sangamon   may,  by  its    county 
ty  to  subscribe  ^Q^^j,.   subscribc  to  the  stock  of  said   company  an  amount 
''"''■  not  exceeding  one-third  the  probable  cost  of  constructing 

said  road  from  Springfield  to  the  county  line,  and  shall 
cause,  at  the  next  annual  election  thereafter,  a  vote  to  be 
taken  for  or  against  said  subscription  ;  and  if  a  majority  of 
such  votes  be  for  the  subscription,  said  court  shall  issue 
bonds  to  an  amount  equal  to  said  subscription,  bearing  in- 
terest not  exceeding  eight  per  cent,  per  annum,  which  shall 
be  received  by  said  company  in  payment  of  said  subscrip- 
tion. Said  court  shall  cause  the  interest  on  said  bonds 
punctually  to  be  paid  annually. 
power  c.  r.ten-  ^  11.  The  Corporation  hereby  estabhslied  shall  have 
''""-  power,  and  tliey  are  hereby  authorized  to  extend  the  said 

plank  road  from  Athens  to  Havana,  in  Mason  county,  and 
also  construct  a  branch  of  said  road  from  the  said  town  of 
Athens  to  the  town  of  Petersburg,  in  Menard  county,  and 
for  the  purpose  of  enabling  the  said  corporation  to  make 
said  extension  and  branch,  or  either  of  them,  they  are  here- 
by authorized  to  increase  their  capital  stock  the  further 
sum  of  one  hundred  thousand  dollars. 

§   12.     This  act  to  be   a  public    act,  and  to  be  in  force 
from  and  after  its  passage. 

Approved  February  12,  1853. 


12,  AN  ACT  to  incorporate  the  Rock  Islnml  and  Moline  Plank  Road  Company. 

Section  1.  Be  it  enacted  hij  the  people  of  the  state  oj 
IVinou^  represented  in  tlie  General  .'hsemhl;/.  That  J.  W. 
Drury,  Marcus  B.  Osborn,  Isaac  Negus,  William  Bailey, 
Lemuel  Andrews  and  Hiram  Pitts,  and  their  successors,  be 
and  they  are  hereby  constituted  a  body  corporate  and  pol- 
itic to  "have  perpetual  succession  and  existence,  to  be 
tvio.  known  as  "The  Rock  Island  and  jNIoline  Plank  Road  Com- 


287  1853. 


pany,"  and  by  that  name  and  style  may  contract  and  be  oonorai  power.. 
contracted  with,  sue  and  be  sued,  plead  and  be  impleaded, 
as  a  natural  person,  and  shall  be  so  recognized  in  courts 
of  law  and  equity,  and  have  a  common  seat,  alter  the  same 
at  pleasure,  and  they  shall  have  power,  in  their  corporate 
name,  for  the  use  of  said  corporation,  to  purchase  and  hold 
such  real  estate  as  may  be  necessary  for  the  free  enjoyment 
of  all  privileges  herein  granted.  Said  company  shall  have 
all  the  powers  and  be  subject  to  all  the  restrictions  con- 
tained in  an  act  entitled  "An  act  to  provide  for  the  con- 
struction of  plank  roads  by  general  law,"  in  force  April 
loth,  lo49. 

§  2.  The  capital  stock  of  said  company  shall  not  ex-capuai  stock. 
ceed^fteen  thousand  dollars,  and  said  company  are  hereby 
authorized  to  acquire  right  of  way  necessary  for  the  R'ght ot  w..y. 
construction  of  said  plank  road,  in  accordance  with  the 
general  law  concerning  plank  roads ;  and  when  one  or  more 
miles  of  said  road  is  completed,  said  company  may  erect 
gates  and  receive  tolls,  not  charging  higher  rates  than  is 
provided  by  the  general  law  concerning  plank  roads  ;  and 
after  the  term  of  twenty-five  years  said  company  shall  not 
charge  a  higher  rate  than  one  cent  per  mile  for  any  kind 
of  teams  traveling  thereon.  Said  road  shall  be  commen- 
ced in  two  years,  and  be  finislied  in  five  years. 

§   3.     Said  corporation  shall  have  power  to  construct, powo.  u  cov- 
maintain  and  continue  a  plank  road,  of  such  width  as  they  '^'™'- 
may  deem  advisable  by  the  directors  of  said  corporation, 
trom  said  city  of  Rock  Island  to  the  town  of  Moline. 

§   4.     This  act  to  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  Feb.  12,  185.3. 


AN  ACT  supplemental  fo  an  act  entitled  "An  act  to  incorporate  the  Ilhnois  In  force  Feb.  u, 
and  Wisconsin  Railroad  Company."  iSos. 

Section  1.      Be  it  enacted  hy  the  people  of  the  state 
of  Illinois,  represented  in  the  General  Assembly,  That  the  Northern  tc™,,- 
lllinois  and  Wisconsin  Railroad  Company  may  locate   the  ""'* 
northern  terminus  of  their  road  at  a  point  on  the  north  line 
of  the  state  within  one  mile  of  the  northwest  corner  of  Mc- 
Menry  county. 

cre^   ^"    7^^^  ^"^^^  company   may,    from   time  to    time,  in- Capuai  stock, 
of  u^^  ^  capital  stock  until  it  amounts  to  three  millions 

sha^?  u^''"'   ^^"^   '''^  holders  of  the  sto-k  of  said   company 
con  responsible  only  for  the  instalments   due  or  to  be- 

le  due  on  the  stock  held  by  each  individual  respectively. 


1853.  288 

Change  the  nnm-  ^  3.  The  stockholders  of  said  company  may,  from  time 
ber  of  directors.  ^^  time  hereafter,  ai  any  general  meeting  of  the  stockhold- 
ers for  the  election  of  directors  of  said  companj,  change 
the  number  of  the  board  of  directors  to  any  number  not 
less  than  five  nor  more  than  fifteen,  and  the  said  directors 
shall  not  be  required  to  reside  in  the  state. 

^   4.     This  act  and  the  act  to  which  it  is  supplemental, 
and  all  acts  supplemental  or  amendatory  of  said  last  named 
act,  shall   be  deemed  public  acts.     This    act  shall   be  m 
force  from  its  jjassage. 
.    Approved  February  14,  1853. 


AN  ACT  to  incorporate  the  Belleville  and  Richmond  Plank  Road  Com- 
)u  force  Feb.  IO5.  ^  nanv 

1863.  '       - 

Section  1.     Be  it  enacted  by  the  people  of  the  state  of 
Ilhnois,  represented  in  the  General  .'issevihly,  Tliat  James 
,        ,  L.  D.  Morrison,  William  C.  Kinney,  George  Eiseiunoyer, 

'  "•  Robert  Norman,  William  M.  Phillips,  James  Ramsc  y,  Fred- 
erick Brook  Smith,  and  their  associates,  and  their  heirs, 
assigns  and  successors,  shall  be  and  they  are  hereby  con- 
stituted a  body  corporate,  under  the  name  and  style  ot 
"The  Belleville  and  Richmond  Plank  Road  Company,  and 
by  that  name  shall  have  perpetual  succession,  may  sue  and 
be  sued,  plead  and  be  impleaded,  answer  and  be  answered 
unto,  in  any  court  of  law  and  equity  ;  they  may  make  use 
of  a  common  seal,  and  alter  the  same  at  pleasure;  make  by- 
laws, rules  and  regulations  for  the  management  ot  their 
property  and  affairs,  and  for  the  transfer  of  their  stock,  not  I 
inconsistent  with  the  laws  of  this  state  or  of  the  United  I 
States;  and  shall  be  capable,  in  their  corporate  name  aiore- 
said,  to  purchase  and  hold  so  much  real  estate  as  may  be 
necessary  for  the  construction  and  maintenance  ot  such 
plank  road  hereinafter  described. 

6  2.  Said  corporation  shall  have  power  to  construct, 
S/"  ""'maintain  and  continue  a  plank  road,  of  such  width  as  may 
be  deemed  advisable  by  said  corporation,  from  the  city  ot 
Belleville,  in  St.  Clair  county,  by  Mascoutah,  Plumb  Spring 
and  JSashviUe,  in  Washington  county,  to  Richmond,  in  said 

county.  „     . ,  1       •  1  * 

6  3      The  capital  stock  of  said  company  may  be  eighth 
opi.a,  sto=..      ^^^ns^^A  dollars,  which  shall  be  considered  persm.al  pro 
erty,  and  divided  into  shares  of  one  hundred  dollar-    ■" 
Said  capital  stock  may  be  increased  by  vote  of  tl  ■ 
tors  to  one  hundred  thousand  dollars. 

5   4      That  James  L.  D.  Morrison,  WiUian 
eummusioner         V         Eisenmoyer,  Robert  Norman,  Willian. 


Kami-  and  style 
General   powers 


ro 


fS    0  3 


lian;  ' 


289  1853. 

James  Ramsey  and  Frederick  Brook  Smith,  and  such  otli- 
ers  as  they  may  associate  with  them,  sliall  be  commission- 
ers for  receiving  subscriptions  to  the  stock  of  said  compa- 
ny', when  and  where,  and  after  such  notice  as  they  or  a  ma- 
jority of  them  shall  agree.  They  may  require  security  for 
the  payment  of  subscriptions  thereto  and  payment  there- 
of from  time  to  time  as  they  may  deem  necessary,  before 
the  same  shall  all  be  taken. 

§  5.  The  affairs  of  said  company  shall  be  managed  byMMaf^cuunt 
five  directors,  three  of  whom  shall  be  a  quorum  to  perform  '**^*'"' 
the  business  of  said  company,  who  shall  be  chosen  so  soon 
as  the  sum  of  ten  thousand  dollars  shall  be  subscribed  to 
the  stock  of  said  company.  Said  directors  shall  continue 
in  office  one  year,  and  until  their  successors  shall  be  qual- 
ified. They  shall  be  chosen  by  the  stockholders,  each  of 
whom  may  vote  personally  or  by  proxy,  casting  as  many 
votes  as  each  may  own  shares  of  stock.  Elections  of  di- 
rectors shall  be  Held  at  the  time  and  place  appointed  by 
the  commissioners  ;  and  all  subsequent  elections  may  be 
held  and  regulated  according  to  the  by-laws  of  said  com- 
pany. 

J' §  6.  Upon  the  election  of  directors  ar.d  the  organiza- 
tion of  their  board,  the  said  commissioners  shall  deliver  to 
said  directors  all  moneys  received  by  them  on  subscription 
of  stock,  and  books  of  subscription  and  other  property  of 
said  company. 

§  7.  The  said  corporation  is  authorized,  as  soon  as  theToii-gm.,. 
board  of  directors  is  elected,  to  commence  the  construc- 
tion of  said  road;  and  as  soon  as  any  three  miles  of  said 
road  shall  be  completed,  they  may  erect  toil-gates  thereon, 
and  collect  the  tolls  allowed  by  this  act.  Said  company 
shall  keep  said  roAd  in  repair,  and  shall  have  power  to  con- 
struct bridges  and  causeways  over  sloughs  and  streams 
anywhere  on  the  route  of  said  road  they  ijiay  deem  neces- 
sary; and  said  company  may  have  power  to  borrow  money,  Bom^nKn^ 
not  exceeding  one  hundred  thousand  dollars,  to  aid  in  con- 
structing the  same. 

§  8.     The  said  corporation  shall  have  power  to  fix  androiis. 
regulate  the  tolls  to  be   charged   and  paid  for  passing  on 
said  road  :  Provided,  said  tolls  shall  not  exceed  the  follow- ^"'''^■ 
ing  rates  :  for  every  vehicle  drawn  by  one  animal,  three  k^'^-s  or  t,>ii-.. 
cents  per  mile  ;  by  two   animals,  four  cents  per  mile,  and 
one  half  cent  additional  for  each  mile  for  every  animal  more 
than  two ;  for  every  ten  of  neat  cattle,  one  and  one  half 
cents  per  mile  ;  and  for  every  ten  of  sheep  or  swine,  one  and 
one  half  cents  per  mile ;  and  it   shall  be   lawful  for  every 
toll-gatherer  to  stop  and  detain  any  person  going  on  said 
road  until  the  toll  properly  chargeable  shall  be  paid  ;  and 
any  person  who  shall  use  said  road  and  refuse  to  pay  such 
toll,  shall  forfeit  and  pay  for  such  refusal  the  sum  of  three 
[  T] 


1853.  290 

dollars,  to  be  collected  by  said  corporation  by  action  of 
debt  before  any  justice  of  the  ])eace  of  the  proper  county. 
§  9.  Said  corporation  shall  be  allowed  two  years  from 
the  passage  of  this  act  to  commence  the  consiructic-n  of 
said  road,  and  shall  complete  the  same  within  ten  y^ars 
from  the  commencement  ot  the  same,  and  upon  a  failure  to 
do  so,  this  charter  shall  be  forfeited. 
Right  of  way.  §   10.      Said  corpoiation  is   hereby  authorized  to  locate 

and  construct  said  plank  road  over  any  lands  owiicJ  ijj>  ihis 
state  or  by  individuals  on  the  route  of  said  road.  Said 
company  shall  pay  all  damages  that  may  arise  or  accrue  to 
any  person  or  persons  by  r.eason  of  taking  their  lands,  tim- 
ber, rock,  stone  or  gravel,  for  the  use  of  said  road;  and 
when  the  same  cannot  be  obtained  by  consent  of  owners 
upon  reasonable  terms,  it  shall  be  estimated  and  recovered 
in  the  manner  provided  by  law  for  the  recovery  of  dama- 
ges happening  by  the  laying  out  of  highways. 
Order  of  the  §  H-  The  couuty  commissioncrs'  court  of  the  several 
county  court,  countics  through  which  the  said  (  road]  shall  pass  may,  by  an 
order  entered  upon  record,  authorizing  said  company  to 
plank  not  exceeding  ten  feet  wide  any  part  oftlie  public  liigh- 
way  between  said  Belleville  --'vjI  Richmond,  and  to  grade  and 
keep  the  same  in  repair  for  the  use  of  said  company.  Said 
road  may  be  extended  to  Mount  Vernon  with  tiie  same 
privileges  and  under  the  same  provisions  as  are  heretofore 
granted  and  made.  This  act  to  take  effect  from  and  after 
its  passage. 

Approved  February  10,  1853. 


In  force  Feb.  10,  -^'^  ACT  to  incorporate  the  Illinois  Saint  Andrew  Society, 

1853.  ' 

Section  1.  Be  it  enacted  by  the  pcojile  of  tJie  state  of 
Itlinou^  represented  in  the  Geyieral  */Isscmbly,  That  George 

Corporators.  Audersou,  president,  William  J.  Patterson,  1st  vice  presi- 
dent, John  McGeshan,  2d  vice  president,  Peter  McFarlane, 
secretary,  John  Alston,  treasurer,  and  the  other  present 
members  of  the  Illinois  vSaint  Andrew  Society,  now  exist- 
ing at  the  city  of  Chicago,  in  this  state,  and  such  other  per- 
sons as  may  hereafter  be  admitted  memoers  of  said  society, 
according  to  t!ie  rules  and  regulations  thereof,  be  and  they 
are  hereby  declared   and    constituted   a  body  politic  and 

Name  and  style,  corporate,  Under  the  name  and  style  of  "The  Illinois  Saint 
Andrew  Society,"  and  henceforth  shall  be  styled  and  known 
by  that  name,  and  that  style  and   name   shall   remain   and 

General  iwwert. have  perpetual  succession,  with  power  in  and  by  such 
name  to  sue  and  be  sued,  plead  and  be  impleaded,  prose- 


291  1853. 

cute  and  defend,  in  all  manner  of  actions  at  law  or  in  equi- 
ty, in  all  courts  wliatsoever,  and  in  all  matters  and  places 
where  legal  and  equitable  proceedings  are  had,  and,  if 
necessary,  to  sign,  execute  and  deliver,  by  the  president 
and  secretary  of  said  society,  for  the  time  being,  under  the 
seal  thereof,  all  arbitration  and  other  bonds  in  obtaining 
the  legal  rights  and  advancing  the  interest  of  said  society; 
and  also  in  and  by  such  name  to  acquire,  purchase,  hold, 
grant,  bargain,  sell,  alien,  and  convey  any  property,  whetii- 
er,  real,  personal  or  mixed,  and  to  loan  the  money  and 
funds  of  said  society,  and  take  promissory  notes,  bonds, 
mortgages,  or  other  evidences  of  indebtedness,  for  the 
money  or  funds  so  loaned  ;  and  to  have  and  use  a  common 
seal,  and  to  alter  the  same  at  })Ieasure;  and  to  make  and 
from  time  to  time  to  alter,  as  they  may  deem  proper  and 
expedient,  a  constitution  and  by-laws  ibr  said  society,  de- 
claring the  purposes  and  defining  the  powers  of  said  society, 
the  times  of  election  and  manner  thereof,  for  the  offi- 
cers of  said  society,  and  the  number  and  duties  of  such  of- 
ficers, and  generally  such  other  provisions  for  the  good 
government  and  existence  of  such  society  as  a  majority  of 
the  members  ])resent  may  determine  :  Provided.,  such  con- 
stitution and  by-laws  shall  not  conflict  with  the  constitu- 
tion and  laws  of  the  United  States  or  of  this  state  ;  which 
said  constitution  and  by-laws  of  said  society,  when  record-  constitution  ar.c 
ed  in  the  records  of  said  society,  shall  be  in  full  force,  and  ^^""''^^^=*- 
on  the  production  and  proof  of  such  records  shall  be  re- 
ceived as  evidence  of  the  facts  therein  stated,  in  ail  courts 
of  justice  and  upon  all  lawful  occasions. 

§  2.  The  said  corporation  shall  not,  at  any  one  time,  personal  vu- 
hold  personal  property  to  a  greater  amount  than  fifty  thou-  i*''^^* 
sand  dollars,  nor  real  estate  to  a  greater  amount  than  twen- 
ty thousand  dollars  ;  and  the  personal  property  belonging 
to  said  society  shall  not  be  appropriated  otherwise  than  for 
the  benefit  of  said  society,  the  improvement  of  its  real  es- 
tate, and  to  such  benevolent  and  other  purposes,  and  in 
such  manner  as  shall  be  declared,  provided  fjr  and  direct- 
ed in  the  constitution  or  by-laws  hereinbefore  authorized 
to  be  made. 

§   3.     The  office  and  meetings  of  said   society   shall  be  omcc. 
kept  and  held  in  the  said  city  of  Chicago;  and  in  case  any  do- 
nation, devise  or  bequest  shall  be  made  to  said  society,  for  Devise    or    b<- 
particular  purposes,  and  said  society  shall  accept  the  same,  '^"''*'' 
every  such  donation,  devise  or  bequest  shall  be  applied  in 
conformity  with  the  express  conditions  of  the  donor  or  tes- 
tator. 

§  4.  This  act  shall  be  deemed  a  public  act,  and  shall 
be  in  force  for  the  term  of  seventy-five  years  after  the  pas- 
sage and  approval  thereof. 

Approved  February  10,  1853. 


1853.  292 

In  force  Feb.  12,  AN  ACTto  incorporate  the  Elizabethtown  and  Benton  Plank  Road  Companv. 
1853.  *^     ■' 

Section  1 .     Be  it  enacted  by  the  'peo'ple  of  the  state  of  Illi- 
nois^ represented  in  the    General  Assembly,  Tliat  James 

corporator..  McFarlaii,  James  M.  Warren,  W.  B.  Johnson,  John  Mitch- 
ell, M.  Abner,  John  Davis,  William  K.  Parrish,  Hugh  B. 
Montgomery,  and  all  such  persons  as  may  associate  tliem- 
selves  with  them,  their  successors  and  assigns,  shall  be,  and 
for  the  term  of  thirty  years  after  the  passage  of  this 
act    shall    continue    to     be,    a     body    politic,    under  the 

Name  and  style,  name  and  style  of  "The  Elizabethtown  and  Benton 
Plank  Road  Company,"  and  by  that  name  shall  have  suc- 

ucnorai  ^o^^e■s.  ccssion  for  the  term  of  thirty  years,  may  sue  and  be  sued, 
plead  and  be  impleaded,  answer  and  be  answered  unto,  in 
any  court  of  law  or  equity,  make  and  use  a  common  seal, 
alter  the  same  at  pleasure  ;  may  make  by-laws,  rules  and 
regulations  for  the  management  of  their  propert)',  regula- 
tion of  their  affairs,  and  for  the  transfer  of  their  stock, 
not  inconsistent  with  the  constitution  and  laws  of  the 
United  States  and  of  this  state. 

Kowe-  to    cor-      §   ^"   Said  compauy  shall  havc  powcf  to  construct,  maiu- 
*"■:";•  tain  and  continue  a  plank  road,  of  such  width  as  they  may 

deem  advisable,  from  Elizabethtown,  in  Hardin  county,  to 
Benton,  in  Franklin  county,  and  the  capital  stock  of  said 
company  may  be  eighty  thousand  dollars,  which  shall  be 
considered  personal  property,  and  divided  into  shares  of 
one  hundred  dollars  each. 
.lijoks.  §   3.     The  said  company,  their  successors  and  assigns, 

or  a  majority  of  them,  may  open  books  for  receiving  sub- 
scription to  the  stock  of  said  company,  when  and  where 
and  after  such  notice  as  said  comjiany,  or  a  majority  of 
them,  shall  agree.  They  may  require  security  for  the  pay- 
ment of  subscriptions  thereto;  and  partial  payments  thereof 
from  time  to  time,  as  they  may  deem  necessary,  before  the 
same  shall  be  taken. 

M.ai.flperuiiit  of      §  4.     Tile  affairs  of  said  company  shall  be  managed  by 
affairs.  ^^^^  dircctors,  three  of  whom  shall  be  a  quorum  to  do  and 

perform  the  business  of  said  company,  who  may  be  chosen 
as  soon  as  the  sum  of  sixteen  thousand  dollars  shall  be 
subscribed  of  the  stock  of  said  company.  Directors  shall 
continue  in  office  for  one  year,  and  until  their  successors 
shall  be  elected  and  qualified.  They  shall  be  chosen  by 
the  stockholders,  each  of  whom  may  vote  personally  or  by 
proxy,  casting  as  many  votes  as  each  may  own  shares. 
Elections  of  directors  shall  be  held  at  the  time  and  ])lace 
appointed  by  said  comjiany,  or  a  majority  thereof,  after 
twenty  days'  notice,  and  all  subsequent  elections  may  be 
held  and  regulated  according  to  the  by-laws  of  the  com- 
pany, as  also  the  filling  of  any  vacancy  that  may  occur 
in  said  board  of  directors. 


293  1853. 

§  5.  Upon  the  election  of  directors,  and  the  organiza- 
tion of  their  board,  the  said  company  shall  deliver  to  said 
directors  all  moneys  received  on  subscriptions  to  stock, 
and  books  of  subscription  and  other  property  of  said 
company. 

§   6.     The   said   company   is   autliorized,  as  soon  as  the t..;;. 
board    of  directors  is  elected,  to  commence  the  con>;truc-  . 
tion  of  said  road,  and  as  soon   as   any  three    miles  thereof 
shall   be   completed,  may  erect  toll-gates  thereon  and  col- 
lect the  tolls  allowed  by  this  actj   and   said   company  shall 
have  power,  and  full  authority  is  hereby  vested  in  them,  to 
construct  bridges  and    cuU^erts    on   the  line  of  said  road,  Brw^es. 
across  any  streams,  sloughs  or  swamps;  and  said  company 
shall  keep  said  road,  bridges  and   culverts  in  good  repair, 
and  shall  have  power  in   their  discretion  to  improve  the 
common  highways  coming  into  said  plank  road,  by  bridges, 
causeways,  etc.,  but  shall   not  charge  any  tolls  for  travel- 
ing or  hauling  on  said  common  highways.     And  said  com- 
pany  shall  have  the  power  to  borrow  not  exceeding  fifty  Borrow  money- 
thousand   dollars  to  aid  in  the   construction  of  said  plank 
road. 

§  7.  The  stockholders  shall  be  individually  liable  for  stockholders  lia- 
the  debts  of  said  company  contracted  by  the  directors 
thereof,  to  the  amount  of  their  stock,  and  no  further;  and 
said  company  shall  have  the  power  to  fix  and  regulate  the 
tolls  to  be  charged  and  paid  for-  passing  on  said  road,  and 
it  shall  be  lawful  for  any  toll-gatherer  to  stop  or  detain Po^*el•  of  u>\u 
any  person  going  on  said  road  until  the  tolls  properly 
chargeable  shall  be  paid;  and  any  person  who  shall  use 
said  road  and  refuse  to  pay  said  tolls,  or  comply  with  the 
regulations  of  said  company  properly  posted  at  the  gates 
thereof,  shall  forfeit  and  pay  for  such  refusal  or  non-com- 
pliance the  sum  of  five  dollars,  to  be  collected  by  action 
of  debt  before  any  justice  of  the  peace  of  the  proper 
county  in  the  name  of  any  person  desirous  of  prosecuting 
the  same. 

§  8.     The   said    company   shall   have   eighteen   months  Timeofc.5nst.r.if= 
from  the  passage  of  this  act  to  commence  the  construction 
of  said  road,  and  shall  complete  the  same  in  six  years,  and 
upon  a  failure  so  to  do  this  charter  shall  be  forfeited. 

§  9.  The  said  company  is  hereby  authorized  to  locate  i-: ;, tor  way. 
and  construct  said  plank  road  and  necessary  toll-houses 
and  warehouses  on  any  land  sites  or  right  of  way  owned 
by  this  state,  and  on  the  lands  of  any  individual  on  the 
route  of  said  road,  but  shall  pay  all  damages  that  shall 
arise  or  may  accrue  to  any  person  or  persons  by  means  of 
taking  their  lands,  timber,  stone,  or  gi*avel,  for  the  use  or 
construction  of  said  road,  and  when  the  same  cannot  be 
obtained  by  the  consent  of  owners  upon  reasonable  terms, 
it  shall  be    estimated  and  received  in  the  manner  provided 


1853. 


294 


by  law  for  the  recovery  of  damages  happening  by  the  lay- 
ing out  of  said  road. 

§  10.  The  rates  of  toll  to  be  charged  by  said  company 
for  travel  upon  said  road  shall  not  exceed  the  following : 
for  every  vehicle  drawn  by  one  animal,  two  cents  per  mile  ; 
for  every  vehicle  drawn  by  two  animals,  three  cents  per 
mile;  for  every  veliicle  drawn  by  more  than  tvvo  animals, 
three  cents  per  mile,  and  one-half  cent  additional  per  mile 
for  every  animal  more  than  two  ;  for  every  ten  or  less  of 
neat  cattle,  one  cent  per  mile;  for  every  ten  or  less  of  sheep 
or  swine,  one  cent  per  mile,  and  for  every  horse  and  rider, 
or  led  horse,  one  cent  per  mile. 

§  II.  Tliis  act  to  be  deemed  a  public  act,  and  to  take 
effect  fiom  and  after  its  passage. 

Approved  February  12,  1853. 


)u  forcfil'V!).  12,  AN  ACT  to  incorporate  the  Springfield  and  Taylorville  Plank  Road  Com- 
185:>.  pany. 

Section  1.  Bit  it  enacted  by  the -peoph  uf  the.  state  of 
IlUnois,  represented  in  the  General  Jisscmhly^  That  James 

a-,  ;,,ratu,s.  A.  B.:irret,  H.  M.  Vandever,  William  Ricks,  Robert  Irwin, 
John  W.  Priest  be,  and  their  assigns  and  successors,  here- 
by are  made  and  constituted  a  body  corporate  and  politic, 

N3ma  ana  style,  by  the  name  and  style  of  "Tlie  Springfield  and  Taylorville 
Plank  Road   Company,"  for   the  space  of  fifty  years,  and 

rtanfiiai  ;'o^c)?.  siiall  iiavc  powcr  to  suc  and  be  sued,  to  contract  and  be 
contracted  with,  complain  and  defend,  in  any  court  of  law 
or  equity  :  to  make  and  use  a  common  seal,  and  alter  the 
same  at  pleasure;  to  make  by-laws,  rules  and  regulations 
for  the  management  of  its  property,  the  regulation  of  its 
affairs,  the  appointment  and  number  of  its  officers  and 
agents,  t!ie  negotiation  and  execution  of  its  contracts,  and 
the  transfer  of  its  stock,  not  inconsistent  with  the  laws  of 
this  state  or  the  United  States,  and  to  take  and  hold  suffi- 
cient real  estate  for  the  enjoynent  of  all  tiie  privileges 
herein  granted,  and  to  grant  and  convey  the  same  at  pleas- 
ure. 

,  ^^^^  ^,  _    ,.  ^   2.     The  capital  stock  of  said   company  shall  be  one 

hundred  thousand  dollars,  which  shall  be  considered  as 
personal  property,  except  for  revenue  purposes,  when  it 
shall  be  considered  and  taxed  as  real  estate,  and  divided 
into  pliarl'S  of  fifty  dollars  each,  and  shall  be  transferable 
according  to  the  by-laws  of  said  company. 

Power  to   en-      §  ^'     '^^^^  corporation  shall  have  power  to  construct, 

btiuoi.  maintain  and  continue  a  plank  road,  of  such  width  and  up- 

on such  route  as  may  by  the  directors  of  said  company  be 


295  1853. 

deemed  advisable,  from  the  city  of  Springfield,  in  the  coun- 
ty of  Sangamon,  to  Taylorville,  in  the  county  of  Christian. 

§  4.  The  said  James  H.  Barret,  H.  M.  Vandever,  commissioners 
William  Ricks,  Robert  Irwin  and  John  W.  Priest,  or  a  ma- 
jority of  them,  shall  be  commissioners  for  receiving  sub- 
scriptions to  tiie  stock  of  said  company,  when  aiid  where 
they,  or  a  majority  of  them,  shall  agree  upon,  and  may  re- 
quire payment  of  such  amount,  at  the  time  of  subscription, 
and  at  sucli  times  thereafter  as  may  be  by  them  deemed 
advisable. 

§  5.  Tiie  affairs  of  said  company  shall  be  managed  by  MatK.p,;iKiit. 
five  directors,  a  majority  of  whom  shall  form  a  quorum  for 
the  transaction  of  business,  and  who  shall  be  chosen  as 
soon  as  the  sum  of  twenty  thousand  dollars  shall  be  sub- 
scribed of  the  stock  of  said  company,  after  which  said 
corporation  may  commence  the  sur\'eys  and  construction 
of  its  road.  Said  directors  shall  be  chosen  at  such  times 
and  places  as  shall  be  decided  upon  by  said  corporation, 
due  notice  thereof  having  been  given  to  the  stockholders; 
afterwards  elections  for  directors  shall  take  place  annu- 
ally, at  such  time  and  place  as  the  by-laws  shall  prescribe, 
due  notice  thereof  being  given.  All  elections  shall  be  by 
ballot,  and  each  stockholder  sliall  be  entitled  to  as  many 
votes  as  he  shall  own  shares  of  stock,  and  the  persons 
having  the  greatest  number  of  votes  shall  be  the  directors, 
and  shall  continue  in  office  until  their  successors  aie 
elected  and  qualified. 

§   6.      Said    directors    shall    iiave    power  to  erect    and Toii-hou.os. 
maintain  such    toll-houses,  toll-gates,  and   other  buildings 
for  the  management  and  accommodation  of  said  road,  and 
the  travel   and   transport  thereon,  as  they  may  deem  suit- 
able to   its   interests,  and   demand,  collect   and   receive  of 
and  from  any  and  every  person  using  said  road,  or  so  much 
thereof  as  may  be  completed,  toll,  to  be  regulated  by  theTo.i.- 
directors,  but  not  to  exceed  the  rates  prescribed   by  "An 
act  to  provide  for  the   construction    of   ])iank   roads  by  a 
general  law,"  approved  February  12th,  1849,  and  the  first,     ' 
third,  fourth  and   sixth  sections  of  an  act  approved  Feb- 
ruary 1st,  1851,  amendatory  of  said  act  of  February  12th, 
1849,  and  the   act  approved  February  17th,  1851,   further 
to  amend  the    act  of  February  12th,  1849,'  are   made  pa.rt 
of  the  charter  hereby  granted,  so  far  as  applicable  thereto. 

§  7.  The  corporation  hereby  created  is  authorized  to  Ri.-ht  of  war- 
acquire,  by  voluntary  cession  or  purchase  from  the  ownei", 
the  right  to  construct  said  road  over  any  lands  belonging 
to  individuals,  companies  or  corporations  on  the  route 
adopted  for  the  construction  of  said  road;  and  in  case  said 
corporation  cannot  obtain  the  right  to  construct  said  road 
oyer  the  lands  owned  by  any  individual,  company  or  cor- 
poration, by  voluntaj-y  cession  or  purchase,  it  shall  be  law- 


1863. 


296 


ful  for  said  corporation  to  appropriate  and  use  so  much  of 
said  land  as  shall  be  necessary  for  the  proper  construction 
of  said  road,  on  complying  with  the  provisions  of  an  act  en- 
titled "An  act  to  amend  the  laws  condemning  right  of  way 
for  purposes  of  internal  improvement,"  approved  June  22d, 
185:i. 

§  8.  Said  corporation  is  hereby  vested  with  all  the 
powers  conferred  on  plank  road  companies  organized  un- 
der the  general  laws  for  the  construction  of  plank  roads, 
to  make  contracts  with  county  and  city  authorities  for  the 
use  of  any  part  of  a  public  highway  or  street  for  the  con- 
struction of  said  road. 

§  9.  Said  corporation,  in  and  about  the  construction  of 
said  road,  and  to  aid  it  therein,  may  borrow  money  not  ex- 
ceeding in  amount  fifty  thousand  dollars,  and  at  any  rate  of 
interest  not  exceeding  ten  per  cent,  per  annum.  This  act 
to  be  a  public  act,  and  be  in  force  from  and  after  its  passage. 

Approved  February  12,  1853. 


AN  ACT  to  charter  the  city  of  Ottawa. 

ARTICLE     1. — Of  Boundaries  and  General  Power f>. 


Section   1.      Bt  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the   General  Jissembly,  That  the 

corporate  inhabitants  of  the  town  of  Ottawa,  in  the  county  of  La- 
Salle,  and  of  the  additional  territory  embraced  within  the 
boundaries  mentioned  in  the  following  section,  be  and  they 
are  hereby  constituted  a  body  politic  and  corporate,  by  the 
name  and  style  of  "The  City  of  Ottawa,"  and  by  that  r.ame 
shall  have  perpetual  succession,  and  may  have  and  use  a 
common  seal,  whicli  tiiey  may  change  and  alter  at  pleasure. 

.„;, ,  §  2.     All  that  district  of  country  embraced  within  the 

following  limits,  to  wit,  section  No.  eleven  (11.)  the 
south  half  of  section  No.  two  (2,)  the  east  lialf  of  section 
No.  ten  (10,)  tiie  south  half  of  section  No.  fourteen  (14,) 
the  west  half  of  section  No.  twelve  (12,)  and  all  that 
portion  of  the  southwest  quarter  of  section  No.  one  (1,) 
tiiat  lies  west  of  Fox  river,  all  in  township  No.  thirty-three 
(33,)  north,  of  range  No.  three  (3,)  east  of  tlie  third  prin- 
cipal meridian. 

§   3.     In  case  a  majority  of  said  inhabitants  shall  be  in 

'^''°""'' favor  of  incorporation  as  hereinafter  mentioned,  the  fol- 
lowing named  persons,  to  wit,  Lorenzo  Leland,  Wm.  H. 
W.  C ashman,  Benjamin  T.  Phelps,  Henry  Hurlbut,  Henry 
F.  Eames,  Lucian  B.  Delam  and  Marshall  Miller,  or  a  ma- 


297  1863. 

jority  of  them,  shall  meet  at  the  court  house  in  Ottawa,  on 
the  second  Monday  of  April  next  and  divide  the  said  city 
of  Ottawa  into  five  wards,  particularly  describing  the  wards, 
boundaries  of  each,  appoint  three  judges  of  elections  in 
each  ward  to  act  in  all  cases  until  their  successors  shall  be 
appointed  as  hereinafter  mentioned,  fix  the  tunes  and  places 
of  said  elections  in  each  ward,  until  the  city  council  shall 
be  elected,  give  at  least  ten  days'  notice  in  one  or  more 
of  the  public  newspapers  ])rinted  in  Ottawa,  of  the  time 
and  place  of  holding  said  election,  and  make  a  full  report 
of  the  same  to  the  city  council,  when  elected,  at  their  first 
meeting. 

§  4.  The  inhabitants  of  said  city,  by  the  name  and  ociu-rai  row^r 
style  aforesaid,  shall  have  power  to  sue  and  be  sued,  to 
plead  and  be  impleaded,  defend  and  be  defended,  in  all 
courts  of  law  and  equity,  and  in  all  actions  whatever ;  to 
purchase,  receive,  and  hold  property,  both  real  and  per- 
sonal, in  said  city;  to  sell,  lease,  and  convey  or  dispose  of 
property,  and  do  all  other  things  in  relation  thereto  as  nat- 
ural persons. 

ARTICLE  2.-0/  the  City  Council. 

§   1.     There    shall   be    a  city   council,   to   consist  of  a  city  council. 
mayor  and  board  of  aldermen. 

§   2.     The  board  of  aldermen  shall  consist  of  two  mem-  Baard  of  awt 
bers  from  each  ward,  to  be  chosen  by  the  qualified  voters  '"^°" 
for  two  years. 

§   3.     No    person   shall  be   an  alderman  unless   at  the  Eiisibiity. 
time  of  his  election  he  shall  have  resided  one  year  within 
the  limits  of  the  city,  and  shall  be  at  the  time  of  his  elec- 
tion twenty-one   years  of  age,  and  a  citizen  of  the  United 
States. 

§   4.     If  anj  alderman  shall,  after  his  election,  remove  y^^ated. 
from  the  ward  for  which  he  is  elected,  his  office  is  hereby 
declared  vacated. 

§  5.  At  the  first  meeting  of  the  city  council,  the  alder-  divide  by  let. 
men  shall  be  divided  by  lot  into  two  classes  ;  the  seats  of 
those  of  the  first  class  shall  be  vacated  at  the  expiration  of 
the  first  year,  and  of  the  second  class  at  the  expiration  of 
the  second  year,  so  that  half  of  the  board  shall  be  elected 
annually. 

§  6.  The  city  council  shall  judge  of  the  qualifications, 
elections  and  returns  of  their  own  members,  and  shall  de- 
termine all  contested  elections. 

§  7.    A  majority  of  the  city  council  shall  constitute  a  quo-  Quonim. 
rum  to  do  business,  but  a  smaller  number  may  adjourn  from 
day  to  day,  and  compel  the  attendance  of  absent  members, 
under  such  penalties  as  may  be  prescribed  by  ordinance. 


1853. 


298 


Tillies  of  proceed- 
ings. 


§  8.  The  city  council  shall  have  power  to  determine 
the  rules  of  its  proceedings,  punish  its  members  for  dis- 
orderly conduct,  and,  witli  the  concurrence  of  two-thirds 
of  the  Hjembers  elected,  expel  a  member. 

§  9.  Tiie  city  council  shall  keep  a  journal  of  its  pro- 
ceedings, and  from  time  to  time  publish  the  same,  and  the 
yeas  and  nays,  when  demanded  by  any  member  present, 
shall  be  entered  upon  the  journal.  It  shall  be  the  duty  of 
said  city  council  to  record  the  report  mentioned  in  section 
three,  article  one,  in  said  journal,  and  said  record  tliereof 
shall  be  2^'>'i'^^<^  facie  evidence  of  the  truth  of  the  matter 
therein  stated. 

§  10.  iSo  alderman  shall  be  appointed  to  any  office 
under  the  authority  of  ihe  city  whicii  shall  have  been  cre- 
ated or  the  emoluments  of  which  shall  have  been  increas- 
ed during  the  time  for  which  he   shall  have  been  elected. 

§  11.  All  vacancies  that  shall  occur  in  the  board  of 
aldermen  shall  be  filled  by  election. 

§  12.  The  mayor  and  each  alderman,  before  entering 
on  the  duties  of  their  otiiee,  shall  take  and  subscribe  an 
oath  that  they  will  support  the  constitution  of  the  United 
States  and  of  this  state,  and  tliat  they  will  well  and  truly 
perform  the  duties  of  their  office  to  the  best  of  their  skill 
and  ability. 

§  13.  Whenever  there  shall  be  a  tie  in  the  election  of 
aldermen,  the  judges  of  election  shall  certify  the  same  to 
the  mayor,  wlio  shall  determine  the  same  by  lot,  in  such 
manner  as  shall  be  provided  by  ordinance. 

§  14.  There  shall  be  twelve  stated  meetings  of  the 
city  council  in  each  year,  at  such  times  and  places  as  may 
be  prescribed  by  ordinance. 

ARTICLE  3.-0/  the   Chief  Executive   Officer. 


§  1.     The  chief  executive  officer  of  the  city  shall  be  a 
mayor,  who  shall  be  elected  by  the  qualified  voters  ofthe 
city,  and  sliall  hold  his  office  for  one  year,  and  until  his  suc- 
cessor shall  be  elected  and  qualified. 

J  2.  No  person  shall  be  eligible  to  the  office  of  may- 
or, who  shall  not  have  been  a  resident  of  the  city  for  one 
year  next  preceding  liis  election,  or  who  shall  be  under 
twenty-one  years  of  age,  or  who  shall  not,  at  the  time  of 
his  election,  be  a  citizen  ofthe  United  States. 

§  3.  If  any  mayor,  during  the  time  for  which  he  shall 
have  been  elected,  remove  from  the  city,  his  office  shall 
be  vacated. 

§  4.  When  two  or  more  persons  shall  iiave  an  equal 
number  of  votes  for  mayor,  tiio  judges  of  election  shall 
certify  the  same  to  the  city  council,  w!io  shall  proceed  to 
determine  by  lot  which  of  said  persons  shall  be  mayor. 


299  1853. 

5  5.  Whenever  an  election  of  mayor  shall  be  contest- 
ed, the  city  council  shall  determine  the  same  as  may  be 
prescribed  by  ordinance. 

§   6.     Whenever  any  vacancy  shall  happen  in  the  office  vacancies  fiued. 
of  mayor    it  shall  be  filled  by  election. 

ARTICLE  4—0/  Elections. 

§  1.  On  the  first  Monday  of  May  next  an  election  Kiectiona. 
shall  be  held  in  each  ward  of  said  city  for  one  mayor  for 
the  city  and  two  aldermen  for  each  vi'ard,  and  forever  there- 
after, on  the  first  Monday  of  May  of  each  year,  there  shall 
be  an  election  held  for  one  mayor  for  the  city,  and  one 
alderman  for  each  ward,  the  aldermen  to  be  residents  of 
the  ward  for  which  ihej  are  elected.  The  first  election  for 
mayor  and  aldermen  shall  be  held,  pursuant  to  notice  to 
be  gi\  en  as  provided  in  section  three  of  article  one,  and 
returns  thereof  made  by  said  judges  of  election  to  said  may- 
or and  aldermen  so  elected. 

§  2.  All  free  white  male  inhabitants  over  the  age  of  voters. 
twenty-one  years,  who  are  entitled  to  vote  for  state  officers, 
and  v/ho  shall  have  been  actual  residents  of  said  city  ninety 
days  next  preceding  said  election,  shall  be  entitled  to  vote 
for  city  officers  :  Provided,  that  said  voters  shall  give  their 
votes  "tor  ma3^or  and  aldermen  in  the  wards  in  which  they 
shall  respectively  reside,  and  in  no  other,  and  that  no  vote 
shall  be  received  at  any  of  said  elections  unless  the  person 
offering  such  vote  shall  have  been  an  actual  resident  of  the 
ward  where  the  same  is  offered  at  least  ten  days  next  pre- 
ceding sucli  election. 

§  3.  If  the  right  of  any  person  to  vote  at  any  election 
shall  be  challenged,  either  one  of  the  judges  of  election  may 
administer  an  oath  to  such  person  to  make  true  answers 
toueiiing  his  qualifications  as  an  elector,  and  examine  him 
on  the  subject. 

§   4.     The  judges  of  election  shall  make  returns  of  the  r.ctnrns. 
elections  to  the  city  council,  and  the  clerk  of  the  city  coun- 
cil s:iali  forthwith  forward   an  abstract  showing  the  num- 
ber of  votes  received  by  each  person  for  mayor  to  the  go- 
vernor, and  certify  the  same  under  the  seal  of  the  city- 

ARTICLE  5—0/  the  Legislative    Powers  oj  the    City 
{Council. 

§    1.     The  city  council  shall  have  power  and  authority  to  Lovy  and  eoiieet, 
levy  and  collect  taxes  upon  all  property,  real  and  personal, 
within  the  limits  of  the  city,  not  exceeding  one-iialf  of  one 
per  cent,  per  annuin,  upon  the  assessed  value   thereof,  and 
may  enforce  the  payment  of  the  same  in  any  manner  to  be 


1853. 


300 


Contagious 
eases. 


Improve  streets 


Bridge?. 


1-iclitlng  streets 


Market  houses. 


prescribed  by  ordinance,  not  repugnant  to  the  constitution 
of  the  United  States  and  of  this  state. 

§  2.  The  city  council  shall  have  power  to  appoint  a 
clerk,  treasurer,  assessor,  collector,  marshal,  surveyor,  su- 
pervisor of  streets,  a  first  and  second  engineer  of  the  fire 
department,  three  trustees  of  schools  of  each  school  dis- 
trict of  said  city,  and  all  such  other  officers  as  said  city 
council  may  deem  necessary  to  perform  the  duties  required 
to  be  performed  under  this  charter,  and  to  prescribe  by 
ordinance  their  powers  and  duties. 

§  3.  The  city  council  shall  have  power  to  require  of 
all  officers  appointed  in  pursuance  of  this  charter,  bonds 
with  penalty  and  security  for  the  faithful  performance  of 
their  respective  duties,  as  may  be  deemed  expedient,  and 
also  to  require  all  officers  appointed  as  aforesaid  to  take 
an  oatii  for  the  faithful  performance  of  tlie  duties  of  their 
respective  offices,  before  entering  upon  the  disc'aarge  of  the 
same  ;  to  establish,  support  and  regulate  common  schools  ; 
to  divide  the  city  into  school  districts  ;  to  boiTow  money 
on  tlie  credit  of  the  city,  and  to  issue  bonds  therefor,  and 
pledge  tlie  revenue  of  the  city  for  the  payment  th.ereof  : 
Provided^  that  no  sum  or  sums  of  money  shall  be  borrowed 
at  a  greater  interest  than  at  ten  per  cent,  per  annum. 

§  4.  To  appropriate  money  and  provide  for  the  pay- 
ment of  the  debts  and  expenses  of  the  city. 

§  5.  To  make  regulations  to  prevent  the  introduction 
of  contagious  diseases  into  the  city,  to  make  quarantine 
laws  for  that  purpose,  and  enforce  the  same  within  five 
miles  of  the  city. 

§  6.  To  establish  hospitals,  and  ma'ie  regulations  for 
the  government  of  the  same. 

§  7.  To  make  regulations  to  secure  the  general  healtii 
of  the  inhabitants,  to  declare  what  shall  be  a  nuisance, 
and  to  prevent  and  remove  the  same. 

§  8.  To  provide  the  city  with  water,  to  erect  hydrants 
and  pumps  in  the  streets  for  the  convenience  of  the  inhab- 
itants . 

§  9.  To  open,  alter,  abolish,  widen,  extend,  establish, 
grade,  pave,  or  otherwise  improve  and  repair  streets,  ave- 
nues, lanes  and  alleys,  and  other  public  hii^liways. 

§    10.     To  establish,  erect   and  keep  in  repair  bridges. 

§  11.  To  divide  the  city  into  wards,  alter  the  bound- 
aries thereof,  and  erect  additional  wards  [as]  the  occasion 
may  require. 

§  12.  To  provide  for  lighting  the  streets  and  erecting 
lamp  posts. 

§   13.     To  establish,  support  and  regulate  night  watches. 

§  14.  To  erect  market  lioiises,  to  establish  markets  ajid 
market  places,  and  provide  for  the  government  and  regula- 
tion thereof. 


301  1853. 

§    15.     To  provide  for  all  needful  buildings  for  the  use 
of  the  city. 

§  16.  To  provide  for  the  enclosing,  improving  and  reg- Public  grounds. 
ulating  all  public  grounds  belongii;g  to  the  city. 

§    17,     To  erect,  repair  and  regulate  public  wharves, '"'i^arves,  aocss, 
and  docks  ;  to  regulate  the  erection  and  repair  of  private 
wharves,  and  the  rates  of  wharfage  thereat. 

§    18.     To  license,  tax  and    regulate  auctioneers,  mer- Auctioneers. 
chants,  retailers,  grocers,  taverns,  ordinaries,  hawkers,  ped- 
lars, brokers,  pawnbrokers  and  money  changers. 

§    19.     To  license,  tax  and  regulate  hackney  carriages,  carriages, 
wagons,  carts   and  drays,   and  fix  the  rates  to  be  charged 
for  the    carriage  of  persons,  and  for  the  wagonage,  cart- 
age and  drayage  of  property. 

§   20.     To  license  and  regulate  porters,  and  fix  the  rates  Porters. 
of  porterage. 

§   21.     To  license,  tax  and  regulate  theatrical  and  other  siiows. 
exhibitions,  shows  and  amusements. 

§  22.     To  restrain,  prohibit  and  suppress  tippling  houses.  Gaming  houhes. 
dram  shops,  and  gambling  houses  and  bawdy  houses,  and 
other  disorderly  houses. 

§   23.     To  regulate  the  fixing  of  chimneys  and  the  flues  chimnerg. 
thereof. 

§   24.     To  regulate  the  storage  of  gunpowder,  tar,  pitch,  Gunpowder. 
rosin,  and  other  combustible  materials. 

§   25.     To  regulate  and  order  parapet  wails  and  parti- 
tion fences. 

§   26.     To  establish  standard  weights  and  measures  ;  to^^'si^^^^^    "'»'* 
regulate  the  weights  and  measures  to  be  used  in  the  city, 
in  all  cases  not  otherwise  provided  by  law. 

§   27.     To  provide  for  the  inspection  and  measuring  of  Lumber. 
lumber  and  building  materials,  and  for  the  measuring  of  all 
kinds  of  mechanical  work. 

§  28.     To  provide  for  the  inspection  and  weighing  of  inspectors  otkar 
hay   and  stone  coal,  the  measuring  of  charcoal,  fire  wood,  ^^' 
and  other  fuel  to  be  used  or  sold  within  the  city. 

§  29.     To    provide   for  and  regulate   the   inspection  ofinspectors      of 
flour,  meal,  pork,  beef,  lard,  butter  and  other  provisions  ;  '^'^"'^' 
also,  whisky  and  other  liquors  in  barrels  and  other  vessels. 

§  30.  To  regulate  the  weight,  quality  and  price  of ^e'ei'tofi)rp«(i. 
bread  to  be  sold  and  used  in  the  city. 

§   31.     To  regulate  the  size  of  brick  to  be  sold  or  used  size  of  bricks. 
in  the  city. 

§   32.     To  provide  for  the  taking  enumerations  of  the  in- Census. 

itants  of  the  city. 

§  33.  To  regulate  the  election  of  city  officers,  and  to  Eiectiou anu  r«- 
provide  for  removing  from  office  any  person  holding  an  ^ceL"'  *'*^ 
office  created  by  ordinance. 

§  34.  To  fix  the  compensation  by  fees,  commissions,  Fees  and  saiariei 
or  otherwise,  of  all  city  officers,  and  regulate  the  fees  of 


1863.  302 

jurors,  witnesses  and  others,  for  services  rendered  under 
this  act,  or  any  ordinance. 

Police     roKnia-      §   35.     To   regulate   the    ])oiice  of  the   city,   to  impose 

uouaand  flues,  f^nes  and  forfeitures  and  penalties  for  the  breach  of  any  ordi- 
nance, and  to  prov  ide  for  the  recovery  and  approj)riation 
of  such  fines  and  forfeitures,  and  the  enforcement  of  such 
penalties. 

Billiard  tables.  §  36.  The  city  council  shall  have  exclusive  power, 
within  the  city,  by  ordinance,  to  restrain,  prohibit  and 
suppress  billiard  tables  and  all  devices  for  gambling. 

Subscribe  stocs  §  37.  To  subscribc  for  and  take  shares  of  stock  in  any 
to  bridge.  bridge  to  be  built  within  the  limits  of  the  city,  or  in  any  plank 
road  leading  from  said  city,  to  be  constructed  by  any  com- 
pany, incorj)orated  or  to  be  incorporated  by  law  for  such 
purposes  :  Provided^  however^  that  no  such  stock  shall  be 
taken  by  said  city  unless  the  proposition  so  to  do,  contain- 
ing a  statement  of  the  number  and  cost  of  the  shares  so  to 
be  taken,  shall  first  be  submitted  to  the  electors  of  said  city 
for  their  approval  or  rejection,  at  an  election  to  be  held  for 
that  purpose  after  twenty  days'  notice  thereof  shall  have 
been  given  by  the  mayor,  by  publication  in  one  or  more  of 
the  newspapers  published  in  said  city.  In  any  meeting  ot 
said  incorporated  companies  the  votes  that  the  city  shall 
be  entitled  to  may  be  cast  in  such  manner  as  said  city 
council  may  adopt  by  ordinance',  such  ordinances  need  not, 
however,  be  published  as  other  ordinances,  in  order  to  be 
in  force. 

^  38.  Tiie  city  council  sliall  have  power  to  make  all 
ordinances  which  shall  be  necessary  and  proper  for  carry- 
ing into  execution  the  powers  specified  in  this  act,  so  that 
such  ordinances  be  not  repugnant  to  nor  inconsistent  with 
the  constitution  of  the  United  States  or  this  state. 

style  01  ordinan-      §   39.     The  style  of  the  ordinance  of  the  city  shall  be  : 
*^'  «'^e  it  ordained  by  the  c it ij  council  of  the  city  of  Ottawa^ 

Publication  of  or-      §   40.     All  Ordinances  passed  by  the  city  council   shall, 

dinances.         within   ouc   moutli  after  they   shall  have  been  passed,  be 

published  in  some  newspaper  in  the  city,  and  shall  not  be 

in  force,   except   as   aforesaid,  until   they  shall  have   been 

published  as  aforesaid. 

§  41.  All  ordinances  of  the  city  may  [be]  proven  by  the 
seal  of  the  corporation,  and  when  printed  and  published  in 
book  or  pamphlet  form,  and  puri)orting  to  be  published  by 
authority  of  the  corporation  as  in  force,  the  same  shall 
be  received  in  evidence  in  all  courts  and  places  without 
further  proof. 

§  42.  The  city  council  shall  have  power  to  establish 
fei-ries,  license  and  regulate  the  same  within  the  limits  of 
said  city. 


Prix)f  of  ordinan- 


303  1863. 

ARTICLE  Q>.—Of   the  Mayor, 

§   1,     The   mayor   siiall   preside  at   all   meetings  of  the  jiayor to  preside 
city  council,  and  shall  have  a  casting  vote,  and  in  no  other.  ^,*uJ"'i"'"^^  "' 
In  case  of  non-attendance  of  the  mayor  at  any  meeting-, 
the  board  of  aldermen  shall  appoint  one  of  their  own  num- 
ber chairman,  who  shall  preside  at  that  meeting. 

§   2.     Tlie  mayor  or  any  two  aluermen  may  call  special  special  mectin?! 
meetings  of  the  city  council. 

§  3.  Tile  mayor  shall  at  all  times  be  active  and  vigi- Dutip^  of  mayor. 
lant  in  enforcing  the  laws  and  ordinances  for  the  govern- 
ment of  the  city;  he  shall  inspect  the'  conduct  of  all  sub- 
ordinate officers  of  said  city,  and  cause  negligence  and 
positive  violation  of  duty  to  be  prosecuted  and  punished; 
he  shall  from  time  to  time  communicate  to  the  aldermen 
such  information  and  recommend  all  such  measures  as  in 
his  opinion  may  tend  to  the  improvement  of  the  finances, 
the  police,  the  health,  security,  comfort  and  ornament  of 
the  city. 

§  4.  He  is  hereby  authorized  to  call  on  every  male  in-Pussi'. 
habitant  of  said  city,  over  [the  age  j  of  eighteen  years,  to  aid 
in  enforcing  the  laws  and  ordinances,  and  in  case  of  riot, 
to  call  out  the  militia  to  aid  him  in  suppressing  the  same,  or 
in  carrying  into  effect  any  law  or  ordinance;  and  any  person 
who  shall  not  obey  such  call  shall  forfeit  to  said  city  a  fine 
not  exceeding  five  dollars. 

§   5.     He   shall  have   power,  whenever  he  may  deem  it  Power  to  compel 
necessary,  to  require  of  any  of  the  officers  of  said  city  an  ex-  iiooici','&c. 
liibit  of  his  books  arid  papers. 

§   6.     He  sliall  have  power  to  execute  all  acts  that  may  Exec.-.tive  power 
be  required  of  him   by   any  ordinance  made  in  pursuance 
of  this  act. 

^   7.     He  shall  be  commissioned  by  the  governor  as  a  jus-  to  be  commis- 
tice  of  the  peace  for  the  said  city,  and  as  such  shall  be  a  con-  of 'tte  pei^!"*"* 
servator  of  the  peace  for  the  said  city,  and  shall  have  power 
and  authority  to  administer  oaths,  issue  writs  and  process 
under  the  seal  of  the  city,  which  shall  be  good  and  valid 
in  law. 

§  8-     He  and  all  other  justices  of  the  peace  in  said  city  jmiboiction    ©f 
shall  have  jurisdiction  in  all  cases   arising  under  the  ordi-  peacrandm^- 
nances  of  the  corporation,  and  in  all  civil  and  criminal  cases  or- 
within  the  limits  of  the  city,  arising  from  the  laws  of  the 
state,  in  which  justices  of  the    peace   now  have  jurisdic- 
tion,  and  shall   receive  the  same  fees  and   compensation 
for  his  services  in  similar  cases. 

§   9;     He  shall  also  have   such  jurisdiction   as  may  be  Jurisdiction  un- 
vested  in  him   by  ordinance   of  the    city,  in    and   over  all  ''"  "f^'^an*"- 
places    within  five  miles  of  the  boundaries  of  the  city,  for 
the  purpose  of  enforcing  the  health  and  quarantine  ordi- 
nances and  regulations  thereof. 


lS5a.  .     3U4 


Liability  to  in-  §  10.  Ill  case  the  mayor  shall  at  any  time  be  guilty  of 
a  palpable  omission  of  duty,  or  shall  wilfully  and  corruptly 
be  guilty  of  oppression,  malconduct,  or  partiality  in  the 
disciiarge  of  the  duties  of  his  office,  he  shall  be  liable  to 
be  indicted  in  the  circuit  court  of  La  Salle  count}^,  and  on 
conviction  he  shall  be  fined  not  more  than  two  hundred 
dollars,  and  the  court  shall  have  power,  on  the  recommen- 

jufi^'i.ieut.  dation  of  the  jury,  to  add  to  the  judgment  of  the  court 
that  he  be  removed  from  office. 

ARTICLE    7. — Assessments  for    ojjening   Streets    and 
t^leys. 

Power  to  lay  out  §  1.  The  city  council  shall  have  power  to  layout  pub- 
pubiic  streets,  j-^j  gq^iaj-gg  or  grouuds,  streets,  alleys,  lanes  and  highways, 
and  to  make  wharves  and  slips  at  the  ends  of  streets,  and 
alter,  widen,  contract,  straighten  and  discontinue  the 
same;  they  shall  cause  all  streets,  alleys,  lanes,  highways, 
wharves,  slips,  or  other  public  squares  or  grounds,  laid 
out  by  them,  to  be  surveyed,  described  and  recorded  in  a 
book  to  be  kept  by  the  clerk,  showing  particularly  the 
proposed  improvement,  and  the  real  estate  required  to  be 
taken,  and  the  same  when  opened  and  made  shall  be  public 
highways. 

Giro  notice.  §  2.    Whenever  any  street,  alley,  lane,  highway,  wharf  or 

slip,  or  public  square  or  ground,  is  laid  out,  altered, 
widened  or  straightened  by  virtue  hereof,  tlie  city  council 
shall  give  notice  of  then  intention  to  appropriate  and  take 
the  land  necessary  for  the  same  to  the  owner  or  owners 

iiiPii.tiuuii.  thereof,  by  publishing  said  notice  for  ten  days  in  some  pub- 
lic newspaper  published  in  said  city,  at  the  expiration  of 

^i'mori.^*'"'"'^"  which  time  they  shall  choose,  by  ballo*,  three  disinterested 
freeholders,  residing  in  said  city,  as  commissioners  to  as- 
certain and  assess  the  damages  and  recompense  due  the 
owners  of  said  land  respectively,  and  at  tlie  same  time  to 
determine  what  persons  will  be  benefitted  by  such  improve- 
ment, and  assess  the  damages  and  expenses  thereof  on  the 
real  estate  of  persons  benefitted,  in  proportion,  as  nearly 
as  may  be,  to  tlie  benefits  resulting  to  each.  A  majority 
of  all  the  aldermen  authorized  by  law  to  be  elected  shall 
be  necessary  to  the  choice  of  such  commissioners. 

§  3.  Tlie  commissioners  shall  be  swoi-n  faithfully  to  ex- 
ecute tlieir  duty  according  to  tlie  best  of  their  ability,  be- 
fore entering  upon  their  duties.  They  shall  give  notice  to 
persons  interested  of  the  time  and  place  of  their  meeting, 
for  tlie  purpose  of  viewing  the  premises  and  making  their 
assessments,  at  least  ten  days  before  the  time  ol  such  meet- 
ing, by  publishing  the  same  in  any  newspaper  published 
in  said  city.     They  shall  view  the  premises,  and,  in  their 


305  1853. 

discretion,  receive  any  legal  evidence,  and  may,  if  neces- 
sary, adjourn  from  day  to  day. 

§  4.  If  there  shall  be  any  building  standing,  in  whole  Assessmmts 
or  in  part,  upon  the  land  to  be  taken,  the  commissioners,  ^'JlJ^Jis  ,m"i.'!i 
before  proceeding  to  make  their  assessment,  shall  first  es- 
timate and  determine  the  whole  value  of  such  building  to 
the  owner,  aside  from  tiie  value  of  the  land  and  the  injury 
to  him  in  having  such  building  taken  from  him;  and  sec- 
ondly, the  value  of  such  building  to  him  to  remove. 

§  5.  At  least  five  days'  pei'sonal  notice  shall  be  given  xotice. 
to  the  owner  of  such  determination,  when  known  and  a 
resident  of-  the  city,  or  left  at  his  usual  place  of  abode,  if 
not  known  or  not  residing  in  the  city.  Notice  to  all  per- 
sons interested  shall  be  given  by  publication  for  ten  days 
in  any  newspaper  published  in  said  city.  Such  notice  shall 
be  signed  by  tiie  commissioners,  and  specify  the  building 
and  the  award  of  the  commissioners.  It  shall  also  require 
parties  in  interest  to  appear,  by  a  day  named  therein,  or 
give  notice  of  tiieir  election  to  the  city  council  either  to 
accept  the  award  of  the  commissioners,  and  allow  such 
building  to  be  taken  with  the  land  condemned  or  appropri- 
ated, or  of  their  intention  to  remove  such  building  at  the 
value  set  thereon  b)  the  commissioners  to  remove.  If  the 
owner  shall  agree  to  remove  the  building,  he  shall  have 
such  time  for  the  purpose  as  the  city  council  may  allow. 

§  6.  If  the  owner  refuse  to  take  the  building  at  the  val-  Rctusa!  onaii 
ue  to  remove,  or  fail  to  give  notice  of  his  election  as 
aforesaid,  within  the  time  prescribed,  the  city  council  shall 
have  power  to  direct  the  sale  of  such  building  at  public 
auction,  for  cash,  giving  five  days'  public  notice  of  the 
sale.  The  proceeds  of  the  sale  shall  be  paid  to  Ihe  owner, 
or  deposited  to  his  use. 

§  7,  The  commissioners  shall  tliereupon  proceed  to  Assossmmt. 
make  their  assessment  and  determine  and  appraise  to  the 
owner  or  owners  the  value  of  the  real  estate  appropriated 
for  the  improvement,  and  the  injury  arising  to  them  respec- 
tively from  the  condemnation  thereof,  which  shall  be  awar- 
ded to  such  owners  respectively  as  damages,  after  making 
due  allowance  therefrom  for  any  benefit  which  such  own- 
ers may  respectively  derive  from  such  improvement.  In 
the  estimate  of  damages  to  the  lands,  the  commissioners 
shall  include  the  value  of  the  building  (if  the  property  of 
the  owner  of  such  land)  as  estimated  by  them  as  aforesaid, 
less  the  proceeds  of  the  sale  thereof;  or  if  taken  by  the  own- 
ers at  the  value  to  remove,  in  that  case  they  shall  only  in- 
clude the  dilFerence  between  such  value  and  the  whole  es- 
timated value  of  such  building. 

§   8.     If  the  damage  to  any  person  be  greater  than  theDnmaRes      a 
benefits   received,  or   if  the    benefit   be   greater  than  the  lirremova" 
damage,  in  either  case  the  commissioners  shall  strike  a  bal-  buii.iinu. 
[U] 


1853.  306 

ance  and  carry  the  difference  forward  to  another  column, 
so  that  the  assessment  may  show  wliat  amount  is  to  be  re- 
ceived or  paid  by  such  owners  respectively,  and  the  differ- 
ence only  shall,  in  any  case,  be  collectable  of  them  or  paid 
to  them. 

§  9.  If  the  lands  and  buildings  belong  to  different  per- 
sons, or  if  the  land  be  subject  to  lease  or  mortgage,  the  in- 
jury done  to  such  persons  respectively  may  be  awarded 
to  them  by  the  commissioners,  less  the  benefits  resulting  to 
them  respectively  from  tlie  improvements. 

§  10.  Having  ascertained  the  damages  and  expenses  of 
such  improvement  as  aforesaid,  the  commissioners  sliall 
thereupon  apportion  and  assess  the  same,  together  with 
the  cost  of  the  proceedings  upon  the  real  estate  by  them 
deemed  benefitted,  in  proportion  to  the  benefits  resulting 
thereto  from  the  improvements,  as  nearly  as  may  be,  and 
shall  describe  the  real  estate  upon  which  their  assessments 
may  be  made.  When  completed,  the  commissioners  shall 
sign  and  return  tiie  same  to  tiie  city  council  within  forty 
days  of  their  appointment. 

§  II.  The  clerk  shall  give  ten  days'  notice  in  any  news- 
paper printed  in  said  city  that  such  assessment  has  been 
returned,  and  that  on  a  day  to  be  named  therein  it  will  be 
confirmed  by  the  city  council,  unless  objections  to  tlie  same 
are  made  by  some  person  interested.  Objections  raaj'^  be 
lieard  by  the  city  council,  and  the  hearing  maybe  adjourn- 
ed from  day  to  day.  The  council  shall  have  power  in 
tlieir  discretion  to  confirm  or  amend  the  assessment,  or  re- 
fer the  same  back  to  the  commissioners.  If  annulled,  all 
the  proceedings  shall  be  void  ;  if  confirmed,  an  order  of 
confirmation  shall  be  entered,  directing  a  warrant  to  issue 
for  the  collection  thereof,  by  sale  of  the  real  estate,  as  pro- 
vided in  article  nine  of  thi^  charter,  as  near  as  may  be. 
If  referred  back  to  the  same  or  other  commissioners,  they 
sliall  proceed  to  make  their  assessments,  and  return  the 
same  in  like  manner,  and  give  like  notices  as  herein  requi- 
red in  relation  to  the  first;  and  all  parties  in  interest  shall 
have  tiie  like  notices  and  rights,  and  the  city  council  shall 
perform  like  duties  and  have  like  powers  in  relation  to  any 
subsequent  determination  as  are  hereinafter  given  in  rela- 
tion to  the  first. 

§  12.  The  city  council  shall  have  power  to  remove 
commissioners,  and  from  time  to  time  appoint  others  in  the 
place  of  such  as  may  be  removed,  refuse,  neglect,  or  be 
unable  from  any  cause  to  serve. 

§  13.  The  land  required  to  be  taken  for  the  making, 
i-araas-M-.  i..  '"^  Qp^.j^j^g  qj.  widening  any  street,  alley,  lane  or  other  iiigh- 
way  shall  not  be  apj)ropriated  until  the  damages  awarded 
therefor  to  any  owner  thereof  under  this  act  shall  be  paid 
or  tendered  to  such  owner  or  his  agent;  or  in  case  the  said 


l)aiHag<'s 


307  1853. 

owner  or  his  agent  cannot  be  found  in  said  city,  deposited 
to  liis  or  her  credit  in  some  safe  place  of  deposit  otlier  than 
the  hands  of  the  treasurer,  and  then,  and  not  before,  such 
lands  may  be  taken  and  appropriated  for  tlie  purposes  re- 
quired in  making  such  improvements,  and  sucli  improve- 
ments and  such  streets,  alleys,  lanes,  highways,  wharfs 
and  slips  may  be  made  and  opened. 

§    14.     Where  the  whole  of  any  lot  or  parcel  of  land  or  Contracts. 
other  premises  underlease  or  otiier  contract  sliall  be  ta-  ^•"'^^'^''^• 
ken  for  any  of  the  purposes  aforesaid,  by  virtue  of  tiiis  act 
all  the  covenants,  contracts  and  engagements  between  land- 
lord and  tenants,  or  any  other  contracting  parties,  touching 
the  same  or   any  part  thereof,   shall,  upon  confirmation  of 
such  report,  respectively  cease  and  be  absolutely  discharg- 
ed. 

§  15.  Where  part  only  of  any  lot  or  parcel  of  land  orcontn.ts  v^ 
other  premises  so  under  lease  or  other  contract  shall  be 
taken  for  any  of  the  purposes  aforesaid,  by  virtue  of  this 
act,  all  the  covenants,  contracts  and  agreements  and  en- 
gagements respecting  the  same,  upon  the  confirmation  of 
such  report,  shall  be  absolutely  discharged  as  to  the  part 
tiiereof  so  taken,  but  shall  remain  valid  as  to  the  residue 
thereof,  and  the  rents,  considerations  and  payments  reserv- 
ed payable  and  to  be  paid  for  in  respect  to  the  same  shall 
be  S-)  proportioned  as  that  the  part  thereof  justly  and  equi- 
tably payable  for  such  residue  thereof,  and  no  more,  shall 
be  paid  or  recoverable  for  in  any  respect  of  the  same. 

§  16.  Any  person  interested  may  appeal  from  any  or- Appeal, 
der  of  the  city  council  for  opening  or  widening  any  street, 
alley,  public  ground  or  highway,  to  the  circuit  court,  by 
notice  in  writing  to  the  mayor  or  clerk,  at  any  time  before 
the  expiration  of  thirty  days  after  the  passage  of  sucli  final 
order.  In  case  of  appeal,  the  city  council  shall  make  a  re- 
turn within  thirty  days  after  notice  thereof,  and  the  court 
shall,  at  the  next  term  after  return  filed  in  the  ofl^ce  of 
the  clerk  thereof,  hear  and  determine  such  appeal,  and 
confirm  or  annul  the  proceedings;  from  which  judgment  no 
appeal  or  writ  of  error  shall  lie.  Upon  the  trial  of  the  ap- 
peal all  questions  involved  in  said  proceedings,  including 
the  amount  of  damages,  shall  be  open  for  investigation  by 
deposition  or  oral  testimony,  addressed  to  the  court;  and 
the  court  shall,  at  the  request  of  either  party,  summon  a 
jury  to  determine  the  facts  in  controversy. 

§  17.  The  city  council  may,  by  ordinance,  make  any  jy,,.^ ,  j^„  ^ 
changes  they  may  deem  advisable  in  the  proceedings  here-  '  '  "■"'^'' 
in  prescribed  for  ascertaining  the  damages  and  injury  oc- 
casioned to  any  person  or  real  estate,  by  reason  of  the 
condemnation  of  any  real  estate  upon  which  any  buildings 
may  be  situated,  in  whole  or  in  part,  and  the  assessment 
of  such  damage  and  injury  upon  persons  or  real  estate  ben- 


eiitted  by  the  improvement,  and  in  such  other  respects  as 
experience  may  suggest. 
wimi;«.v  Hsscs^i-  §  18.  In  all  cases  where  there  is  no  agreement  to  the 
contrary,  the  owner  or  landlord,  and  not  tlie  occupant  or 
tenant,  shall  be  deemed  the  person  who  ought  to  bear  and 
pay  every  assessment  made  for  the  expense  of  any  public 
improvement.  Where  any  such  assessment  shall  be  made 
upon  or  paid  by  any  person  when  by  agreement  or  by  law 
the  same  ought  to  be  borne  or  paid  by  any  other  person,  it 
shall  be  lawful  for  one  so  paying  to  sue  for  and  recover  of  the 
person  bound  to  pay  the  same  the  amount  so  paid,  with  in- 
terest. Nothing  herein  contained  shall  impair  or  in  any 
way  affect  any  agreement  between  any  landlord  and  ten- 
ant or  other  person,  respecting'tlie  payment  of  such  assess- 
n^ents. 

ARTICLE  8. — ^Assessments  Jor  Public  Improvements. 

Power  t.  jxrade,      §   1-     The  city  couucil  shall  have   power  from  time  to 
^^^^  time  to  cause   any  street,  alley  or  highway  to  be  graded, 

leveled,  paved,  macadamized  or  planked,  and  keep  the 
same  in  repair,  or  to  cause  any  lot  in  said  city  to  be  filled 
up,  to  cause  cross  and  side-walks,  main  drains  and  sewers, 
and  private  drains  and  aqueducts,  to  be  constructed  and 
laid,  relaid,  cleansed  and  repaired,  and  regulate  the  same, 
and  to  grade,  improve,  protect  and  ornament  any  public 
square  now  or  hereafter  laid  out. 
KxiHusos  incur,  §  2.  The  cxpcnscs  of  any  improvement  mentioned  in 
i>io"Vent"^  ^^^  foregoing  section,  except  side-walks  and  private  drains, 
shall  be  assessed  upon  the  real  estate  in  any  natural  divi- 
sion benefitted  thereby,  with  the  cost  of  the  proceedings 
therein,  in  proportion  as  nearly  as  may  be  to  the  benefits 
resulting  thereto. 
Amount  of  aa-  §  3.  The  amount  to  be  assessed  for  any  such  improve- 
sessment..  ^^^^  (cxcept  side-walks  and  private  drains)  shall  be  de- 
termined by  the  city  council,  and  they  shall  by  ballot  appoint, 
by  a  majority  of  all  the  aldermen  authorized  by  law  to  be 
elected,  three  respectable  freeholders  of  the  city,  to  make 
such  assessments.  Tiie  commissioners  shall  be  sworn 
faithfully  and  impartially  to  execute  their  duty  to  the  best 
of  their  ability. 
(luinmissioncr.  §  4.  Before  entering  on  their  duties,  the  commission- 
{j'ive  notice.  ers  shall  give  six  days'  notice,  in  one  or  more  newspapers 
published  in  said  city,  of  tlie  time  and  place  of  meeting 
to  all  persons  interested ;  and  they  may,  if  necessarv,  ad- 
journ from  day  to  day.  The  commissioners  sliall  assess 
the  amount  directed  by  the  city  council  to  be  assessed  on 
the  real  estate  by  them  deemed  benefitted  by  any  such  im- 
provement, in  proportion  to  the  benefits  resulting  thereto, 
as  nearly  as  may  be,  and  briefly  describe  in  the  assessment 


309  1853. 

roll  to  be  made  by  them  the  real  estate  in  respect  to  whicli 
any  assessment  is  made,  and  the  value  thereof. 

§  5,  If  tlie  commissioners  shall  be  of  oj)inion  that  any  D.uua^-os. 
owner  of  land  situate  upon  any  street,  alley  or  otiier  higli- 
way  ajraded  or  leveled  under  this  section  will  sustain  dam- 
ages over  and  above  the  benefits  which  may  accrue  to  the 
owner  of  such  land  by  the  improvement,  they  may  assess 
such  an  amount  as  they  may  deem  a  reasonable  recompense 
to  such  owner,  upon  the  real  estate  benefitted  in  the  man- 
ner aforesaid,  and  such  sum  shall  be  added  to  the  assess- 
ment roll,  and  the  amount  certified  to  the  council  at  tlie 
time  of  filing  the  roll. 

§  6.  Wiien  the  commissioners  shall  have  completed  their  Denver  ory  ..r 
assessment  and  made  a  correct  copy  thereof,  they  shall  de-  c:?ri?"-^'/  "" 
liver  the  same  to  the  city  clerk  witliin  forty  days  after  ap- 
pointment, signed  by  all  the  commissioners.  Tiie  clerk 
shall  thereupon  cause  a  notice  to  be  published  in  onte  or 
more  newspapers  published  in  said  city,  for  six  days,  to  all 
persons  interested,  of  the  completion  of  tiie  assessment  and 
the  filing  of  the  roll.  Time  and  place  shall  be  designated 
therein  for  hearing  objection;:. 

§  7.  Any  person  interested  may  appeal  to  the  city  Appeal, 
council  for  the  correction  of  the  assessment.  Appeals  shall 
be  in  writing,  and  filed  in  the  clerk's  office  within  ten  days 
after  the  first  publication  of  said  notice.  The  council  may 
adjourn  such  hearnig  from  day  to  day,  and  shall  have  pow- 
er, in  case  of  appeal  or  otherwise,  in  their  discretion,  to 
revise  and  correct  the  assessment  and  confirm  or  annul  the 
same,  and  direct  anew  assessment  to  be  made  in  the  manner 
hereinbefore  directed,  by  the  same  commissioners,  or  by 
three  others,  which  shallbe  final  and  conclusive  on  all  parties 
interested,  if  confirmed.  When  confirmed,  the  assessment 
shall  be  collected  as  provided  in  article  nine  of  this  char- 
ter, as  near  as  may  be,  and  no  appeal  or  writ  of  error  shall 
lie  in  any  case  from  such  order  and  determination.  If  any 
assessment  be  set  aside  by  order  of  any  court,  the  city 
council  may  cause  a  nev/  one  to  be  made  in  like  manner 
for  the  same  purpose,  for  tlte  collection  of  tlie  amount  so 
assessed. 

§   8.      If  any  vacancy  happen   in  the  office  of  comniis- VMca!.;.^.s  in  ..f- 
sioners  at  any  time,  by  reason  of  removril,  failure  or  refusal  fjjss^,,',;"^.'''''" 
or  inability  from  sickness  or  other  cause  to  serve,  the  city 
council  may  fill  such  vacancy. 

§   9.     If  the  first  assessment  prove  insufficient,  another jjoiibit'    Afscs- 
may  be  made  in  the  same  manner;  or  if  too  large  a  sum  '"""''-■ 
shall  at  any  time   be   raised,  the  excess  shall  be  refunded, 
rateable  to  those  by  whom  it  is  paid. 

§    10.      All  owners  or  occupants  in  front  or  upon  whose  Piivate.hains. 
premises  the  city  council  shall  ora'T  and  direct  side-walks 
or  private  drains  communicating  with  any  main  drains  to 


1853.  310 

be  constructed,  repaired,  relaid  or  cleansed,  shall  make, 
repair,  relay  or  cleanse  such  side-walks  or  private  drain  at 
their  own  cost  and  charges,  in  the  manner  and  within  the 
time  prescribed  by  ordinance  or  otherwise  ;  and  if  not  done 
in  the  manner  and  within  the  time  prescribed,  the  council 
may  cause  the  same  to  be  constructed,  repaired,  relaid  or 
cleansed,  and  assess  the  expenses  thereof,  and  by  an  order 
to  be  entered  in  their  proceedings,  upon  such  lots  respec- 
tively, and  collect  the  same  by  warrant  and  sale  of  the  prem- 
ises, as  provided  in  article  nine  of  this  charter,  as  near  as 
may  be.  A  suit  may  also  be  maintained  against  the  own- 
er or  occupant  of  such  premises,  for  recovery  of  such  ex- 
penses as  for  money  paid  and  and  laid  out  to  his  use  at  his 
request. 

s^^^.j,,.  §   11-      Commissioners  appointed  under  this  act  may  be 

sworn  into  office  by  the  city  clerk.  They  shall  be  allowed 
two  dollars  per  day  each  for  actual  services,  which,  togeth- 
er with  all  other  expenses  in  relation  to  any  assessment 
made  in  pursuance  of  this  act,  shall  be  deemed  part  of  the 
expense  of  the  improvement,  and  included  therein. 

1)  i!»"e«  to  In-  §  1^*  When  any  known  owner  residing  in  said  city  or 
lauts.  elsewhere  shall  be  an  infant,  and  any  proceeding  shall  be 

had  under  this  act,  the  judge  of  the  circuit  court  or  of  the 
county  court  may,  upon  the  application  of  the  city  council, 
or  such  infant  or  his  next  friend,  appoint  a  guardian  for  such 
infant,  taking  security  from  such  guardian  for  the  faithful 
execution  of  such  trust;  and  all  notices  and  summons  re- 
quired by  this  act  shall  be  served  on  such  guardian. 

ARTICLE  9. 

I'ruporty  subject      §    1.     All  real  estate    and   personal  property  within  the 
L.,  taxation.       |jj^j^j,  ^^  ^j^^  ^-^^  ^,^-  Qttawa,  La  Salle  county,  Illinois,  shall 
be  subject  to  taxation,  and  taxes  may  be   levied  and  col- 
lected upon  the  same  for  the  use  and  benefit  of  said  city. 
i:)uty  of  assessor.      §   2.     The    asscssor  siiall   assess  all  the  real  estate  and 
personal  property  in  said  city,  so  far  as  practicable;  he  shall 
ascertain  the  names  of  all  owners  of  taxable  property  and 
the  amount  of  all  taxable  real  estate  and  personal  ])roperty, 
and  for  this  j)urpose  he  shall  call  upon  each  taxable  inhab- 
itant of  said  city. 
I'reiKiic   asses.:;-      §   3.     The    asscssors   sha!'    prepare  an  assessment  roll, 
:.ioi,troii.         -vvitii  a  captiou,  in   substanc    ,  as  follows:   "An  assessment 
roll    of  all  the   real    estate    .  nd    personal   property  within 
the  limits  of  the  City  of  Ot  uwa,  La  Salle  county,  Illinois, 
made  by  the  assessor  of  sai      city  for  the  year  18 — ;"   and 
shall  set  down  in  se})arate    (olumns,  according  to  the  best 
information  in  his  possession — 


311  1853. 

1st.  The  names  of  all  the  owners,  if  known,  of  all  tax- 
able real  estate  within  the  limits  of  said  city.  If  the  owner 
is  unknown,  it  shall  be  so  stated. 

2d.  The  description  of  all  real  estate  opposite  t!ie  name 
of  the  owner,  or  word  "unknown,"  whtan  the  name  of  the 
owner  cannot  be  ascertained. 

3d.     The  value  of  the  real  estate  opposite  the  description. 

4th.     The  amount  of  tax  assessed  opposite  to  the  value. 

The  said  assessment  roll  shall  also  contain,  in  parallel 
columns — 

1st.  Tlie  names  of  the  owners  of  personal  property 
subject  to  taxation,  in  alphabetical  order. 

2d.  The  assessed  value  of  the  personal  property  taxed 
to  each  individual. 

3d.  The  amount  of  tax  on  each  individual's  personal 
property. 

§  4.  After  the  said  assessment  roll  shall  have  been  thus  eeruii.-iu. 
completed,  the  said  assessor  shall  attach  thereto  a  certifi- 
cate, signed  by  him,  in  substance,  as  follows  :  "I  do  hereby  Form. 
certify  that  the  above  assessment  roll  contains,  according 
to  my  best  information,  a  true  and  correct  list  of  the  names 
of  all  the  owners  of  taxable  property,  real  and  personal, 
within  the  limits  of  said  city,  a  description  of  each  parcel 
of  real  estate,  set  opposite  the  names  of  the  owners,  or  set 
opposite  ihe  word  'unknown.'  In  cases  where,  after  dili- 
gent search  and  inquiry,  I  have  been  unable  to  ascertain 
the  name  of  the  owner,  the  value  of  said  parcels  of  real 
estate,  set  opposite  each  one,  the  amount  of  tax  on  each 
of  said  parcels  of  real  estate  set  opposite  tlie  same,  tlie 
aggregate  value  of  personal  estate  of  each  owner  set  op- 
posite ids  name,  and  the  amount  of  tax  on  said  personal 
estate  set  opposite  his  name."  Said  assessment  roll  so 
certified  shall,  on  or  before  the  second  Monday  in  July 
then  next,  be  returned  to  the   clerk  of  the  city  council. 

§  5.  Previous  to  tlie  third  Monday  in  July  the  assess- Asscssinent 
raent  may  be  inspected  by  any  person  interested  in  the  '^''"'^'■"• 
same.  On  the  third  Monday  in  July  of  each  year  there  shall 
be  a  meeting  of  the  city  council  for  the  purpose  of  review- 
ing the  assessment.  On  the  application  of  any  j)erson 
conceiving  himself  aggrieved  by  the  assessment,  the  city 
council,  uj)on  being  satisfied  that  the  same  is  erroneous,  may 
review,  alter  and  correct  such  assessment. 

§  6.  Immediately  after  the  return  of  the  assessment >-'"««-• 
roll,  it  shall  be  the  duty  of  the  city  clerk  to  cause  to  be 
inserted  in  a  newspaper  published  in  said  city,  or  posted 
up  in  three  public  places  in  said  city,  a  notice  that  the 
assessment  roll  has  been  returned,  and  may  be  inspected 
by  any  person  interested  therein,  and  of  the  time  when  the 
city  council  will  meet  to  hear  applications  for  reviewing 
said  assessment. 


1853.  312 

Make  copy  of  as-  §  7.  Immediately  after  the  said  assessment  roll  shall 
have  been  corrected  by  the  city  council,  the  clerk  shall 
make  out  a  true  copy  thereof  as  corrected,  to  which,  after 
being  satisfied  that  the  same  is  a  correct  copy  as  above, 
the  city  council  shall  annex  a  warrant,  signed  by  the  mayor 
of  said  city,  requiring  the  collector  to  collect  from  the 
several  persons  tlie  several  amounts  of  taxes  set  opposite 
their  respective  names,  and  pay  the  same  to  the  treasurer 
of  the  city,  and  if  any  resident  of  said  city  shall  neglect 
or  refuse  to  pay  his  tax  within  ten  days  after  demand  made 
of  said  resident,  or  at  his  last  and  usual  place  of  residence, 
the  collector  shall  proceed  to  levy  the  same  of  the  goods 
and  chattels  of  said  resident,  and  after  giving  six  days' 
notice  of  the  time  and  place  of  sale,  by  posting  up  a  notice 
thereof  in  thi-ee  public  places  in  said  city,  shall  sell  as 
many  of  said  goods   and  chattels   as   may  be  necessary  to 

M.ie  of  coUec-make  the  amount  of  tax.  In  cases  where  the  owner  is  not 
tion of  la.xis.  ^  resident  of  the  city  the  collector  shall  proceed  to  levy 
and  sell  without  previous  demand.  The  said  warrant  shall 
he  returnable  on  the  first  Monday  in  October,  after  tlie 
date  thereof,  at  which  time  the  collector  shall  return  said 
warrant  and  tax  list  to  the  clerk  of  tlie  city  council,  and 
pay  over  all  money  by  him  collected  to  the  treasurer,  and 
take  iiis  receipt  for  the  same. 

§  8,  In  the  return  to  said  warrant  the  collector  shall 
give  a  list  of  the  names  of  the  persons  whose  tax  and  per- 
sonal property  he  lias  been  unable  to  collect  on  account 
of  not  finding  goods  and  chattels  whereon  to  levy,  the  value 
of  the  property  assessed,  and  the  amount  of  the  tax  thereon, 
and  state  in  said  return  that  he  has  been  so  unable  to  col- 
lect the  tax,  and  the  city  council  may  give  him  credit  for 
the  amount  of  taxes  he  lias  thus  been  unable  to  collect. 

(•..ii.ctor    make      §   9.     The   collcctor  sliall   also  make  a  list  of  the  real 

listofrea-.testatcgg^^l-g  upon  wliicii  thetaxcs  have  not  been  paid  or  col- 
lected, and  state  to  whom  each  j)arcel  of  said  real  estate 
was  assessed,  or  that  the  same  was  assessed  to  a  person 
"unknown,"  and  describe  said  real  estate,  and  give  the 
amount  of  tax  on  each  parcel.  The  collector  shall  return 
said  list  at  the  time  last  aforesaid,  with  a  certificate  signed 
by  him  that  said  taxes  remain  unpaid,  ajid  that  he  could 
[find  J  no  goods  or  chattels  whereon  to  levy  and  collect  the 
same,  and  the  city  council  may  credit  him  with  the  amount. 

I ligation  of  (la-      §    10.     Within  twenty  days  after  the  return  of  said  list, 

lin.iiuiit  lax  li^^Hijg  cler]^  shall  cause  tlie  same  to  be  ])ublished  in  a  news- 
paper printed  in  said  city,  together  with  a  notice,  in  sub- 

r.inii.  stance  as  follows:  "It  appearing  from  the  return  of  tlie  col- 
lector that  the  taxes  on  the  above  ('escribed  ])aicels  of 
real  estate  remain  unpaid,  notice  is  hereby  given  tbal  the 
said  real  estate  will  be  exposed  in  separate  parcels  at  pub- 
lic auction,  on  the day  of ,  18 — ,  at  10  o'clock  in 


^^^  1853. 

tlie  forenoon,  at  tlie  door  of  the  court  house  i„  Ottawa, 
anci  sold  for  the  purpose  ot  making  said  taxes,  and  fifty 
cen  s  for  cost  of  seJiing  each  lot  or  parcel,  in  case  of  sale  " 
Said  day  ol  sale  shall  be  at  least  thirty  days  after  the  pub- 
lication 01  said  notice.  ^ 

^  U.  The  collector  sliall  attend  said  sale  and  act  as  cnocu.  to 
auctioneer,  and  sell  all  the  lots  or  parcels  of  real  estate  so  '""' ''^'" 
advertised,  upon  which  the  taxes  and  cost  remain  unpaid 
at  the  time  ot  selling;  the  clerk  shall  also  attend  said  sale, 
and  enter  in  a  book  provided  for  that  purpose,  a  description 
of  the  real  estate  sold  the  name  of  the  purchaser  and  the 
amount  of  his  bid  and  shall  make  out  and  deliver  to  said 
purchaser  a  certificate  giving  a  descrintion  of  the  real 
estate  by  him  purchased,  the  amount  of  the  taxes  and  cost 
due  separately  and  the  amount  of  his  bid,  stating  that  said 
purchaser  wil    be  entitled  to  a  deed  for  the  real  estate  de- 

nnlp  'V""  f'n  1,^''^^'  ^^  *'^^  expiration  of  one  year, 

unless  the  same  shal  be  redeemed.  The  clerk  shall  receive 
the  taxes  and  cost  due  at  anytime  before  sale,  and  pay  the 
«ame  over  to  tiie  treasurer,  taking  his  receipt  for  the^ime.  secona.. 

5  12  In  case  no  person  shall  bid  the  amount  of  taxes 
and  cost  charged  upon  any  of  said  real  estate  at  such 
sale,  the  same  may  be  advertised  and  sold  at  any  time 
wit  inn  SIX  months  thereafter.  The  manner  of  proceeding  in 
such  second  sale  shall  be  the  same  as  hereinafter  men- 
tioned, as  near  as  may  be. 

J  13  All  lands  sold  for  taxes  and  assessments  assessed  L.n, 
under  this  charter  shall  be  sold  oflf  of  the  east  side,  as  in 
cases  of  sales  for  county  and  state  taxes,  and  may  be  re- 
deemed within  one  year  from  the  sale,  in  the  same  manner, 
upon  the  same  terms,  as  lands  are  now  redeemed  in  cases 
ot    sale   for   state  and   county   taxes,  by  payment  of   tl 


5   POld  otic 

in  -'"  ''''■ 


— J     >.-.^v.^,    ijj    Liay iiiciii   ui     me 

necessary  ainount  to  the  said  city  clerk,  and  the  said  clerk 

shall  keep  and  preserve  said  books  of  sale  in  his  office,  and 

enter  said  redemption  therein.      Said  book  sliall  he  prima 

Jacie  evidence  ot  the  matters  contained  therein. 

§  /^-     I"  case  said  lands  shall  not  have  been  redeemed  Ma 
as  aforesaid,  i    snail  be  the  duty  of  the  mayor  of  said  city  " 
to  execute  and  deliver  to  the  purchaser  a  deed  of  the  pre- 
mises   which  deed  shall  be  in  substance,  as  follows  : 

"Whereas,  on  the day   of ,  A    D     at  a. 

pub  ic   sale   made  by  the   collector  of  'the  city'of  Ottawa^"™ 

tor  taxes   duly    assessed   by  said   city  for  the  year ,  A. 

li.  became  the  purchaser   of  the   following  described  real 

estate,  viz: for  the  sum  of ,  that  being  the  amount 

of  the  assessment  and  cost  on  the .     Now,  therefore, 

know  all  men  by  these  presents,  that  I,  C.  D.,  mayor  of 
saiu  city,  in  consideration  of  the  premises,  hereby  ijrant, 
bargain,  sell  and  convey  unto  the  said  A.  B.,  his  heirs  and 
assrgns,  the   real   estate   above  described  as  so  purchased 


to  mak( 

deed. 


1853. 


314 


Bc-eds    ackuowl 
sdgcd. 


CompBiisation. 


by  him,  subject  to  tlie  right  of  infants,  femmes  covert,  and 
others,  to  redeem,  to  have  and  to  liold  the  same  to  the  said 
A.  B.,  his  heirs  and  assigns,  forever.     Witness  my  hand  and 

seal  of  said  city,  this day  of ,  in  the  year  of  our 

Lord,  &c." 

§  15.  Deeds  on  all  sales  for  taxes  and  assessments 
assessed  upon  real  estate  under  this  charter  shall  be  ac- 
knowledged as  other  conveyances,  and  when  executed  and 
acknowledged  as  aforesaid,  they  shall  be  deemed  and  taken 
to  be  prima  facie  evidence  of  the  existence  and  regu- 
larity of  all  such  prior  proceedings  as  might  otherwise  be 
required  to  be  proved  in  order  to  establish  the  title  in 
the  purchaser. 

§  16.  The  clerk  and  collector  shall  each  be  entitled  to 
twenty  cents  for  each  parcel  of  land  sold,  in  full  satisfac- 
tion for  their  services  in  making  such  sale,  and  the  balance 
of  said  cost  shall  be  paid  into  the  city  treasury.  All  other 
expenses  attending  such  sale  shall  be  allowed  and  paid  by 
the  city  council. 


ARTICLE   \{).— Miscellaneous  Provisions. 


§  1.  The  inhabitants  of  the  city  of  Ottawa  are  hereby 
exempt  from  working  on  any  road  beyond  the  limits  of 
the  city,  and  from  paying  any  tax  to  procure  laborers  to 
work  on  the  same. 

§  2.     The  city  council  shall  have  power,  for  the  purpose 
of  keeping  tlie  streets,  lanes,  avenues,  alleys  and  other  high- 
ways in  repair,  to  require  every  male  inhabitant  in  said  city, 
over  twenty-one  years  of  age,  to  labor  on  said  streets,  lanes, 
avenues,  alleys,  and  other  highways,  not  exceeding  three 
days  in  each  and  every  year,  and  any  person  failing  to  per- 
form  such  labor,   when   duly   notified   by    the   supervisor, 
shall  forfeit  and  pay  the  sum  of  one  dollar  per  day  for  eachi 
of  said  days. 
,t      §   3.     The  city  council  shall  have  power  to  provide  for 
the  punishmentof  olTenders,  by  imprisonment  in  the  county; 
or  city  jail,  in  all  cases  where  such  offenders  shall  fail  or  re-i 
fuse  to  pay  the  fines  and  forfeitures  which  may  be  recoveredij 
against  them.  j 

§  4.  The  city  council  shall  cause  to  be  published  an-) 
nually  a  full  and  complete  statement  of  all  moneys  received, 
and  expended  by  the  corporation  during  the  preceding' 
year,  and  on  what  account  received  and  expended. 
in  §  5.  All  ordinances  and  resolutions  of  the  town  oi| 
"  Ottawa  shall  remain  in  force  until  the  same  shall  have. 
been  repealed  by  the  city  council  hereby  created. 

^   6.     All  suits,  actions  and  prosecutions  instituted,  cora-^ 
sniuand  actions  ^^^_^^^^  ^^  brought  by  the  Corporation  hereby  created,  shali 


}'unis\iiiient 
oftenders. 


Ordinances 
I'orce  until 
pealed. 


315  1858. 

be   instituted,  commenced   and  prosecuted  in  the   name  of 
the  city  of  <  !tta\va. 

§  7.  All  actions,  fines,  penalties  and  forfeitures  which 
have  accrued  to  the  president  and  trustees  of  the  town  of 
Ottawa,  shall  be  vested  in  and  prosecuted  by  the  corpor- 
ation  hereby  created. 

§  8.     All  property,  real  and  personal,  and  all  books  and  Property  neiuiiit- 
papers  heretofore  belonging  to  the   president  and  trustees  of  ouawaVoT 
of  the    town  of  Ottawa,  for  the   use   of  the   inhabitants  of  ^ert  to  the  city. 
said  town,  shall  be  and  the  same  are  hereby  declared  to  be 
vested  in  the  corporation  hereby  created. 

§   9.      This  charter  shall  not  invalidate  any  act  done  by  Acts  net  tot^cui- 


.alidatc 


the  president  and  trustees  of  the  town  of  Ottawa,  nor 
divest  them  of  any  rights  which  may  have  accrued  to  them 
prior  to  the  passage  of  this  act. 

§    10.     No  person   shall   bean  incompetent  judge,  jus- ^'^'■s'deuts  of  oiiy 
tice,  witness  or  juror,  by  reason  of  his  being  an  inhabitant  "Ssesf&c?* 
or  freeholder  of  the  city  of  Ottawa,  in   any  action  or  pro- 
ceeding in  which  the  said  city  is  a  party  in  interest. 

§   11.     The   president   and  trustees  of  the  town   of  Ot-P™Dfi"'t''at'^ ''»"• 
tawa  shall,  immediately  after  the  passage   of  this  act,  take 
measures   to  i)romulgate  this  law   within   the  limits  of  the 
city  of  Ottawa. 

§  12.  Appeals  shall  be  allowed  from  decisions  in  all  ^ppe'^"- 
cases  arising  under  the  provisions  of  this  act,  or  any  ordi- 
nance passed  in  pursuance  thereof,  to  the  circuit  court  of 
!La  Salle  county,  except  as  hereinbefore  excepted,  and 
>very  such  appeal  shall  be  granted  in  the  same  manner  and 
Iwith  like  effect  as  appeals  are  taken  from  and  granted  by 
ijustiees  of  the  peace  to  the  circuit  court,  under  the  laws  of 
■this  state. 

j     §    13.     Whenever  the  mayor  shall   absent  himself  from  Mayor  jjio  ?««. 
|the   city,  or   resign  or  die,  or  his  office  shall  be    otherwise 
'vacated,  the    board  of  aldermen     shall  immediately  pro- 
ceed to  elect  one  of  their  number  president,  who  shall  be 
I  may  or  pro  tern. 

§  14.  This  act  is  hereby  declared  to  be  a  public  act, 
and  may  be  read  in  evidence  in  all  courts  of  law  and  equity 
Iwithin  this  state  without  proof. 

§     15.     All    acts    or  parts   of   acts    coming    within   the  ^'^'^ '■^I'^akd. 
provisions  of  this  [charter,]  or  contrary  to  or  inconsistent 
•with  its  provisions,  are  hereby  repealed. 

I  §  16.  The  city  marshal,  or  any  other  officer  authorized  Jurisdiction  cf 
|to  execute  writs  or  any  other  process  issued  by  the  mayor, 
«hall  have  power  to  execute  the  same  any  where  within  the 
flimils  of  the  county  of  La  Salle,  and  shall  be  allowed  the 
same  tees  for  traveling  as  are  allowed  to  constables  in  sim- 
'ilar  cases. 

!     §    17.     The  persons  named  in  article  one,  section  three,  Election. 
shall  cause  an  election  to  be  held  in  the  town  of  Ottawa  on 


marshal. 


1853.  316 

the  first  Monday  of  April  next,  at  which  the  inhabitant: 
residing  within  the  territory  described  within  the  seconc 
section  of  the  first  article  of  this  act,  wiio  are  authorizec 
to  vote  for  state  officers,  shall  vote  for  or  against  the 
adoption  of  this  charter,  and  if  a  majority  of  the  vote: 
given  at  such  election  shall  be  in  favor  of  the  adoption  o 
said  charter,  it  sh.all  immediately  take  eifect  as  a  law,  bu 
if  a  majority  of  tlie  votes  given  shall  be  against  the  adop 
tion  of  said  charter,  then  this  act  to  be  of  no  effect. 

Ardent  spirits.  §  18>  No  provision  of  tliis  act  shall  be  so  construed  a; 
to  authorize  the  sale  of  ardent  spirits  in  a  less  quantity  thai 
is  now  provided  by  law. 

Comi..;nsatiun  of      §    l^'     The  m^yor  and  aldermen  shall  be  entitled  to  sue!' 

mayor  and  ai- compensation  for  their  services,  in  addition  to  that  herein 
before  provided  for  the  mayor,  as  the  inhabitants  of  said 
city,  at  an  election  called  for  that  purpose,  shall  vote  t< 
allow  them,  and  no  other  or  further  compensation  shall  be 
allowed  them. 

_  ,  ,,^  §   20.     No  money  shall  be  borrowed  by  the  city  counci 

jJurrow  luoiiej  •  -j  ^  *j  %/  j 

until  the    ordinance  passed  therefor  shall  be  submitted  tt 
and  voted   for,   by   a  majority  of  the   voters   of  said  city] 
attending  an  election  lield  for  that  purpose. 
Additional    offl-      §   21.      The  city  council  may  at  any  time  hereafter  pro: 
eers.  \'\di&  by  Ordinance   for   the    future    election,  by  tiie  inhabii 

tants  of  said  city,  of  such  city  officers  as  they  may  deem 
it  advisable  to  have  so  elected. 

6   22.      All  fines  and  penalties  recoverable  by  indictmeni 

Fines,   &c.,  paid         •'..  „  r"  -.a      ^  ■/i-'^i        t-j. 

into  city  treasu- or  actiou   tor  any  ottences  committed   witiiin  the  limits  O' 
''^*  the  city,  or  which  are  now  required  by  law  to  be  paid  int 

the  county  treasury,  shall  hereafter  be   paid   into  the  cit 

treasury,  for  the  use  of  said  city. 

§  23.     Deeds  of  sales  of  land  for  taxes  heretofore  mad 

under  the  ordinances  of  the  town  of  Ottawa,  may  be  e» 

ecuted  by  the  mayor  of  the  city. 
Second  election.      §   24.     If  the   inhabitants   of  said    city   sliall  not  adop 

this  charter  on  the   first  Monday  of  April  next,  the  prest 

dent  and  board  of  trustees  of  the  town.of  Ottawa  may. 

any  time  thereafter,  cause  an  election  io   be  held  as  here 

inbefore  })rovided  for,  and  they  shall  have  the  same  powe 

and  perform  the  same  duties  as  imposed  upon  the  person 

named  in  article  first,  section  tiiree. 

§   25.     This    act   shall  be  in  force   from   and    after  i{ 

passage. 

Approved  February  10,  1853. 


^^'^  1853. 

AN  ACT  to  incorporate  the  Franklin  and  Perry  Conntv  Plnnlr  P..  i       , 

Muddy  River  Toll-brid<.e  C.nlr^T,     ^  ^''"''  ^°^^^  ■'^"''  I"  force  Feb.  3, 


Muddy  River  Toll-bridge  Company. 


185;;, 


Skction  1.  Beit  enacted  by  the  people  of  the  state 
L  c'r  '''P''''"!'i"'  '^'  Generat  Assembly,  ■il.at corpo.,o.. 
JoluiG.Goessman,  William  A.  Denning,  W.  O.  Espy  Dan- 
le  3fooneyhan,  James  Macklin  and  WiUiam  S.  Aiken,  and 
fill  such  persons  as  shall  hereafter  become  stockholders  in 
the  company  hereby  incorporated,  their  assio-ns  and  suc- 
cessors, be  and  they  are  hereby  chartered  and  constituted 

bo.ly  corporate   by  the  name  and  style  of  "  The  Franklin  x.mo  ana  smo. 
?nd    Perry    County   Plank  Road    and   Muddy  River  Toll- 
mdge  Company,"  and  by  such  name  and  style  may    con- 

.e  impleaded  in  all  courts  and  places  where  leP-al  pro- 
ceedings are  had;  that  they  have  succession,  be  callable  of 
purchasing,  selling,  holding  and  conveying  all  property, 
ea  persona  or  mixed,  as  necessary  and%onveniint  t^o 
nable  them  to  build,  construct  and  complete  a  plank  road 
rom  he  town  of  Benton,  in  Franklin  colinty,  Jestwa  dly, 
Wra'p".  suitable  and  eligible  route,  to  a  point  on  tlfe 
.entrai  Railroad,  in  the  county  of  Perry,  with  the  priv- 
ege  of  extending  or  connecting  said  road  with  other 
lank  roads  and  to  establish  a  toll-bridge  across  Muddv 
iver,  on  the  line  of  said  plank  road  desig^.ated  by  the  corn- 
any;  and  to  carry  out  the  privileges  and  franchises  granted 
ere  n.  Said  company  may  have  and  use  a  common  seal, 
nd  change  the  same  at  pleasure;  make  by-laws,  rules 
^ockl  f^""'  '''  ''''  management  of  its  'proper't,;  the 
^   o       'n?^   company,  and  to  regulate  its  affairs. 

OUS^Vd     ^ir'P'*"^  f°'^'  f   '"'^   """^P^">'  '^'-^^^  ^^  thirty  cap..  S.OCK. 

T;t      t  '''/"/ iV^'y^'^"'^'^^^^^   by  said   company 

s  xty    thousand    dollars.      Said    capital   stock  shal     be 

ITn."  he  h  fr^.l  "'  %''  ''''''''  eA-e.oU  share  entt 
eing  tne  holder  thereof  to  one  vote  in  all  meetings  of  the 

'o.tl  'f''"^  "°  ^""'^  stockholder  shall  be  liable  to 
''cor  X;^'  ''"'''"*  f  ^^^'  subscription.  Said  stock  shall 
J  considered  personal  property,  and  be  transferable  upon 
fch ^conditions  as  the  company  shall  direct.  ^ 

,§  o.      Ihe  said  plank  road  shall  not  be  dependent  nnnn.     . 

e   COnstnipfinn   nf  oo,-^   +    H    u    -1  .    ^*^r^'*"eni  upon  construct  either 

e  construction  of  said  toll-bndge,  nor  the  said  toll-bridge  -^<^-  ^™''^- 
'  anv  nan 't1  ^     t  -'f'  ^".'  ''''^''''  "^'^^  ^^  constructed, 

Weof  th  '°^^,^.'^^"  ^^  ^''^  completed,  or  any  three  miles 
ch  ?oIk  ''''  incorporation  may  erect  gates  and  receive 
ch  oil  as  may  be  regulated  by  the  companv,  not  charg- 
?  a  higher  rate  than  is  provided  by  the  general  law  con- 
ru.ng  plank  roads;  and  when  the  said  toll-bridge  shall 
ve  been  completed,  whether  the  whole  or  any  pJrtion  of 
.d  plank  road   may  have  been  constructed  or  not,  such 


1853. 


Commissioner.-! 


MaiiasEemc 
affairs. 


Right  of  way. 


Fower    to 
struct. 


318 

tolls  may  be  collected  for  passing  thereon  as  the  company 

raav  determine.  „r    *     t^        •        w    f\ 

§  4.  That  John  G.  Goessman,  W.  A.  Denning,  W.  O. 
Espy,  Daniel  Mooneyhan,  James  Macklin  and  W.  S.  . 
Aikin,  or  a  majority  of  them,  shall  be  commissioners  for 
receivincr  subscriptions  to  the  stock  of  said  company,  at 
such  tiiiTe  and  places,  and  after  such  notice,  as  they  or  a 
majority  of  tliem  shall  agree,  and  demand  a  partial  payment 
thereof  from  time  to  time  as  they  may  deem  necessary. 

^  5  The  affairs  of  said  company  shall  be  managed  by 
'three  directors,  two  of  whom  shall  constitute  a  quorum 
to  do  and  perform  the  business  of  said  company,  who  shall 
be  chosen  as  soon  as  the  sum  of  fifteen  thousand  dollars 
shall  be  subscribed  of  the  stock  of  said  company,  and  ten 
per  cent,  paid  thereon.  Directors  shall  continue  in  office 
one  year,  and  until  their  successors  shall  be  qualified;  they 
shall  be  chosen  by  the  stockholders,  each  of  whom  may 
vote  personally  or  by  proxy,  casting  as  many  votes  as  each 
may  own  shares  of  stock.  Election  of  directors  shall  be, 
held  at  the  time  and  place  appointed  by  the  commissioners, 
and  all  subsequent  elections  may  be  held  and  regulated 
according  to  the  by-laws  of  the  company.  Upon  the  elec- 
tion of  directors  and  organization  of  their  board,  the  saidi 
commissioners  shall  deliver  to  said  directors  all  moneys- 
received  by  them  on  subscription  to  stock,  and  books  ol 
subscription  and  other  property  of  said  company. 

^  6.  Said  corporation  is  hereby  authorized  to  locate, 
and  construct  said  plank  road  over  any  lands  owned  by 
this  state,  or  by  individuals  on  the  route  of  said  road,  they 
pavino-  all  damages  should  any  arise  or  accrue  to  any  per- 
son o?p.-rsons,  by  means  of  taking  their  lands,  timber 
rock,  stone,  or  gravel,  for  the  use  of  said  plank  road;  am) 
where  the  said  cannot  be  obtained  by  consent  ot  ownen 
upon  reasonable  terms,  it  shall  be  estimated  and  recov-ere< 
in  the  manner  provided  by  law  for  the  recovery  of  dami 
ages  happening  by  the  laying  out  of  public  highways. 
^  7.  Said  corporation  shall  have  power  to  construct 
'""  maintain  and  continue  said  plank  road,  of  such  width  a 
may  be  deemed  advisable  by  the  directors  thereof,  th. 
ri<^ht  of  way  not  exceeding  sixty  feet  along  the  line  desig 
nSed  by  said  company;  said  road  to  be  first  built  acros 
Biff  Muddy  and  Little  Muddv  bottoms,  and  to  be  throw 
up  to  such  a  height  as  to  be  above  high  water  mark,  bride 
ing  the  same,  or\ising  any  other  means  in  the  constructio 
of  said  road  over  such  low  bottom  lands  as  to  render  tli 
same  passable  at  all  seasons  of  the  year,  and  for  this  pui 
pose  may  take  earth,  timber,  stone,  and  other  materia 
from  the  swamp  lands  belonging  to  the  state  lying  contif 
nous  to  said  road. 


319 


1853. 


§  8.  The  said  company  are  autlionzed  and  empowered  Borrow  moncr. 
to  borrow  from  time  to  time  such  sum  or  sums  ot  money 
not  exceeding  thirty  thousand  dollars,  as  in  their  discre 
tion  may  be  deemed  necessary  to  aid  in  the  construction 
of  said  work,  and  to  pay  any  rate  of  interest  therefor,  not 
exceedmg  ten  per  cent.,  and  to  pledge  and  mortgage  the 
saia  road,  its  appendages  or  any  part  thereof,  or  any  other 
property  or  effects,  rights,  credits  and  franchises  of  the 
said  company,  as  security  for  any  Joans  of  moneys  and  in- 
terest thereon,  and  to  dispose  of  the  bonds  issued  for  such 
loans  on  such  terms  as  the  board  of  directors  may  de- 
termine. ^ 

§  9.  Any  person  who  shall  wilfully  injure  or  obstruct,  Pen.uy  for  i,„„ 
or  cause  to  be  injured  or  obstructed,  the  said  plank  road  ^>- 
or  toll-bridge,  or  any  of  the  appendages  thereto,  or  any 
thing  connected  therewith,  shall  be  deemed  guilty  of  "a 
misdemeanor,  and  shall  forfeit  to  the  use  of  the  company 
threefold  the  amount  of  damages  sustained  by  such  in- 
jury or  obstruction,  to  be  recovered  in  an  action  of  tres- 
pass, m  the  name  of  the  company,  with  costs  of  suit,  before 
any  justice  of  the  peace  or  court  of  record  in  this  state 

^    10.     The  said  corporation  shall  be  allowed  five  years  Ti:x.e of constnK 
from  the  passage  of  this  act  for  the  commencement  of  said   ™- 
planfc  road,  and  m   case  the  same  shall  not  be  completed 
m  hve^years  thereafter,  the  privileges  herein  granted  shall 
be  forfeited.  ° 

§  1 1.  The  said  incorporation  are  hereby  authorized  and  Ra.roa.. 
empowered  to  build,  construct  and  maintain  a  railroad 
along  side  the  line  of  said  plank  road  whenever  the  votes 
of  two-thirds  of  said  body  corporate  shall  be  cast  in  favor 
thereof:  Provided,  that  nothing  in  this  act  shall  be  so  con-  Provi-o 
strued  as  to  authorize  the  construction  of  a  railroad  except 
from  the  town  of  Benton  to  the  point  in  Perry  county,  on 
the  Central  Railroad,  nor  to  authorizt:  any  other  connec- 
Uon  except  with  the  Central  Railroad  at  such  point 

I  ^^  7^]??'''^  '^'^^^  ^^  ^^-'"^^^  ^"d  taken  as  a  public 
act,  and  shall  be  construed  beneficially  for  all  purposes 
herein  specified.  i      i      - 

Approved  February  3,   1863. 


AN  ACT  to  incorporate  the  Pekir,  and  Fairvicw  Piank  Road  Company.      In  force  F.u 

!853. 

_    SECTION   1.     Be  it  enacted  by  the  people  of  the  State  of  I/f. 
not,,  represented  in  the  General  ^ssemblu,  That  all  such 
persons  as  shall  become  stockholders  agreeably  to  the  pro 
risions  of  tins  act,  in  the  corporation  hereby  created,  Jhall 


1853. 


320 


be,  and  for  tlie  term  of  thirty  years  from  and  after  the  passage 
of  this  act  shall  continue  to  be,  a  body  politic  and  corporate. 

Name  and  style,  under  the  name  of  ''  The  Pekin  and  Fairview  Plank  Road 
Company;"   and  by  that  name   shall  have  succession   for 

General  powers,  the  term  of  thirty  years;  may  sue  and  be  sued,  plead  and 
be  impleaded,  answer  and  be  answered  unto,  in  any  court 
of  law  or  equity;  make  by-laws,  rules  and  rejojulations  for 
the  management  of  their  property  and  affairs,  for  the  trans- 
fer of  their  stock,  not  inconsistent  with  the  laws  of  this 
state  or  of  the  United  States. 

Power  to  con-  §  2.  Said  Corporation  shall  have  power  to  construct, 
maintain  and  continue  a  plank  road  of  such  width  as  they 
may  deem  advisable  by  the  directors  of  said  corporation, 
from  the  said  city  of'Pekin,  in  the  county  of  Tazewell,  to 
the  town  of  Fairview,  in  the  county  of  Fulton. 

(lanital stock.  §  ^"     '^'^^  Capital  stock  of  Said  company  may  be  ninety 

thousand  dollars,   and  may  be  divided  into  shares  of  fifty 
dollars  each,  and  shall  be  considered  personal  property. 

coiuinissioner.-.  §  4.  Gaddis  Danit  1  Groendike,  John  G.  Voorheos, 
James  Harriott,  Thomas  N.  Gill  and  David  P.  Kenyon,  and 
such  otliers  as  they  may  associate  with  them,  shall  be  com- 
missioners for  receiving  subscriptions  to  the  stock  of  said 
company,  when  and  where,  and  after  such  notice  as  they, 
or  a  majority  of  them,  shall  agree.  They  may  require  se- 
curity for  the  payment  of  subscriptions  thereunto,  and 
practical  payment  thereof  from  time  to  time,  as  they  may 
deem  necessary,  before  tlie  same  shall  be  taken. 

§   5.     The  affairs  of  said  company  shall  be  managed  by 

';Mi>i?r'*"'  "  five  directors,  three  of  whom  shall  be  a  quorum  to  perform 
the  business  of  said  company,  who  shall  be  ciiosen  so  soon 
as  the  sum  often  thousand  dollars  shall  be  subscribed-  of 
the  stock  of  said  company.  Said  directors  shall  continue 
in  office  one  year,  and  until  their  successors  shall  be 
elected  and  qualified.  Tliey  shall  be  chosen  by  the  stock- 
holders, each  of  whom  may  vote  personally  or  by  proxy, 
casting  so  many  votes  as  eacli  may  own  sliares  of  stock. 
Elections  of  directors  shall  be  held  at  the  time  and  place 
appointed  by  commissioners,  and  all  subsequent  elections 
may  be  held  and  regulated  according  to  the  by-laws  of  said 
company. 

^  6.  Upon  the  election  of  directors  and  the  organiza- 
tion of  tlieir  board,  the  said  commissioners  shall  deliver  to 
said  directors  all  moneys  received  by  tliem  on  subscrip- 
tions tostocks,  and  books  of  subscription  and  other  pro- 
perty of  said  company. 

§   7.     The  said  corporation  is  authorized,  as  soon  as  the 

*8tn"ction'.  """  board  of  directors  are  elected,  to  commence  the  construc- 
tion of  said  road  ;  and  as  soon  as  any  three  miles  of  said 
road  is  completed  they  may  erect  toll-gates  tiiereon  and 
collect  tlie  tolls  allowed  by  this  act.     Said  company  shall 


321  1853. 

keep  said  road  in  repair,  and  shall  liave  power  to  construct 
bridges  and  causeways  over  sloughs  and  streams  any  where 
on  the  route  of  said  road  they  may  deem  necessary  ;  and 
said  company  may  borrow  money  and  issue  their  bonds 
therefor,  payable  at  any  period  within  the  limits  of  this 
charter,  and  at  any  place  in  the  United  States  that  they 
may  deem  proper :  Provided,  that  they  shall  not  borrow 
more  than  sixty  thousand  dollars  to  aid  in  the  construcdon 
of  the  road. 

§  8.  The  said  corporation  shall  have  power  to  fix  andi  '' • 
regulate  tlie  tolls  to  be  charged  on  said  road  :  Provided, 
said  tolls  shall  not  exceed  the  following  rates  :  For  every 
vehicle  drawn  by  one  animal,  two  (2)  cents  per  mile;  for 
every  vehicle  drawn  by  two  (2)  animals,  three  (3)  cents  per 
milcj  and  one-half  cent  additional  for  each  mile  every  animal 
more  than  two  (2);for  every  ten  (10)  of  neat  cattle,  one  cent 
per  mile,  and  for  every  ten  (  10)  of  sheep  or  swine,  one  cent 
per  mile,  and  for  every  horse  and  rider  or  led  horse,  one 
cent  per  mile  ;  and  it  shall  be  lawful  for  any  toil-gatherer 
to  stop  and  detain  any  person  going  on  said  road  until  the 
toll  properly  chargeable  shall  be  paid  ;  and  any  person  who 
shall  use  such  road  and  refuse  to  pay  such  toll,  shall  for- 
feit and  pay  for  such  refusal  tlie  sum  of  three  dollars,  to  be 
collected  by  said  corporation  by  action  of  debt  before  any 
justice  of  the  peace  of  the  proper  county. 

§   9.     The  said  corporation  shall  be  allowed  two  years  comiiieiicemout. 
from  the  passage  of  this  act  to  commence  the  construction 
of  said  road,  and  shall  complete  the  same  within  ten  years 
from  the  commencement  of  the  same  ;  and  upon  a  failure 
to  do  so,  this  charter  shall  be  forfeited. 

§  10.  The  said  corporation  is  hereby  authorized  to  lo- ni^i.i„f  xvay. 
cate  and  construct  said  plank  road  over  any  lands  owned 
by  this  state  or  by  individuals  on  the  route  of  said  road. 
Said  company  shall  pay  all  damages  that  may  arise  or  ac- 
crue to  any  person  or  persons  by  means  of  taking  lands, 
timber,  rock,  stone,  gravel  or  other  material,  for  the  use 
of  said  road  ;  and  when  the  same  cannot  be  obtained  by 
consent  of  the  owners  upon  reasonable  terms,  it  shall  be  es- 
timated and  recovered  in  the  manner  provided  by  law  for 
the  recovery  of  damages  happening  by  the  laying  out  of 
highways. 

§  11.  Said  company  may  terminate  this  road  at  the  II- Terminus. 
linols  river  opposite  the  city  of  Pekin,  or  at  the  terminus 
of  the  road  now  in  process  of  erection  from  the  Illinois  riv- 
er, opposite  Pekin,  across  the  bottom  land,  one  and  a  half 
miles  northwest  from  Pekin,  as  they  may  deem  for  the  best 
interest  of  said  company. 

§   12.     This  act  to  take  eftect  from  and  after  its  passage. 

Approved  February  12,  1853. 
[  V  ] 


1853.  322 

In  force  Fet.  12,  A iX   ACT  to  ii.coi po) ,ite  the  Alton  and  vViJodtyi/in   Plai.k  Roail   Cur/.pany. 
1853. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
lllmoh,  represented  in  the  General  Jisscmhhj^  That  Josiah 

oorporators.  Little,  Lewis  Killenburgcr,  George  W.  Long,  John  H. 
Shipman,  Henry  S.  Baker,  N.  W.  Wood,  John  James, 
Moses  G.  Atwood,  Thomas  Wallace  and  Thomas  Stanton,  be 
and  they,  their  assigns  and  successors,  hereby  are  made  and 
constituted  a  body  politic  and  corporate,  by  the  name  and 

xamoaiid  style.  Style  of  "The  Alton  and  Woodbuvn  Plank  Road  Company," 
for  the  space  of  thirty  years,  and  shall  have  power  to  sue 

General  r^^cis.  and  be  sued,  contract  and  be  contracted  with,  complain 
and  defend,  in  any  court  of  law  or  equity;  to  make  and  use 
a  common  seal,  and  alter  the  same  at  pleasure  ;  to  make 
by-laws,  rules  and  regulations  for  the  management  of  its 
])roperty5  the  regulation  of  its  affairs,  the  appointment  and 
number  of  its  officers  and  agents,  the  negotiation  and  ex- 
ecution of  its  coi^tracts,  and  the  transfer  of  its  stock,  not 
inconsistent  with  the  laws  of  this  state  or  the  United 
States,  and  to  take  and  hold  sufficient  real  estate  for  the 
enjoyment  of  all  privileges  herein  granted,  and  to  grant 
and  convey  the  same  at  pleasure. 

§  2.  The  capital  stock  of  said  company  shall  be  fifty 
thousand  dollars,  which  shall  be  considered  personal  pro- 
perty, except  for  revenue  purposes,  when  it  shall  be  con- 
sidered as  real  estate,  and  divided  into  siiares  of  fifty  dol- 
lars each,  and  shall  be  transferable  according  to  the  by- 
lav/s  of  said  company- 

§   3.     Said   corporation  shall  have   power  to  construct^ 

stra't.  "  ^^"' maintain  and  continue  a  plank  road,  of  such  width  and 
upon  such  route  as  may  by  the  directors  of  said  company  be 
deemed  desirable,  frosn  the  city  of  Alton,  in  the  county  of 
Madison,  to  tlie  town  of  Wood  burn,  in  the  county  of  Ma- 
coupin. 

rimjfni'^siorx-rs.  §  4.  The  Said  Josiah  Little,  Lewis  Killenburger,  Geo. 
"  W.  Long,  John  H.  Shipman,  Henry  S.  Baker,  N.  W. 
Wood,  John  James,  Moses  G.  Atwood,  Thomas  Wallace, 
George  H.  Weigher  and  Thomas  Stanton,  or  a  majority  of 
them,  shall  be  commissioners  for  receiving  subscription? 
to  the  stock  of  the  said  company,  when  and  where  they  or  a 
majority  of  them  shall  agree  upon,  and  may  require  pay- 
ment of  such  amount  at  the  time  of  subscription,  and  at 
such  times  thereafter  as  may  be  by  them  deemed  advisable.. 

«ar, T-wnent   of      §   ^-     '^''^^  affairs  of  Said  con^pany  shall  be  managed  by 

Affairs.  five  directors,   a   majority  of  whom  shall   form  a  quorum 

for  the  transaction  of  business,  aiid  who  shall  be  chosei' 
as  soon  as  the  sum  of  five  thousand  dollars  shall  be  sub- 
scribed of  the  stock  of  said  company,  after  which  sait; 
corporation  may  commence  the  surveys  and  construction 
of  its  road-     Said  directors  shall  be  chosen  at  such  time  and 


323  1853. 

place  as  shall  be  decided  upon  by  said  corporators,  due 
notice  tliereof  having  been  given  to  the  stockholders.  Af- 
terwards elections  for  directors  shall  take  place  annually,  Kict'oiis. 
at  such  time  and  place  as  the  by-laws  shall  prescribe,  due 
notice  thereof  being  given.  All  elections  shall  be  by  ballot, 
and  each  stockholder  shall  be  entitled  to  as  many  votes  as 
he  shall  own  shares  of  stock,  and  the  persons  having  the 
greatest  number  of  votes  sliall  be  the  directors,  and  shall 
continue  in  office  until  their  successors  are  elected  and 
qualified. 

§  6.  Said  directors  shall  have  power  to  erect  and  T„ii-houso.-. 
maintain  such  toll-houses,  toll-gates  and  other  buildings 
for  t!ie  management  and  accommodation  of  said  road,  and 
the  travel  and  transport  thereon,  as  they  may  deem  suita- 
ble to  its  interest,  and  may  demand,  collect  and  receive  of  r-'twonou. 
and  from  any  and  every  person  using  said  road,  or  so  much 
thereof  as  may  be  completed,  toll,  to  be  regulated  by  the 
directors,  but  not  to  exceed  the  rates  prescribed  by  "An 
act  to  provide  for  the  construction  of  plank  roads  by  a 
general  law,"  approved  February  12th,  1849,  and  the  first, 
third,  fourth  and  sixth  sections  of  an  act  approved  Feb- 
ruary ist,  1851,  amendatory  of  said  act  of  February  12th, 
1849,  and  the  act  approved  February  17th,  1851,  farther 
to  amend  the  act  of  February  12th,  1849,  and  made  part 
of  the  charter  hereby  granted,  so  far  as  applicable  thereto. 

§  7.  The  corporation  hereby  created  is  authorized  to  i^igiit  of  way. 
acquire  by  voluntary  cession  or  purchase  from  the  owner 
the  right  to  construct  said  road  over  any  lands  belonging 
to  individuals,  companies  or  corporations,  on  the  route 
adopted  for  the  construction  of  said  road;  and  in  case  said 
corporation  cannot  obtain  the  right  to  construct  said 
road  over  the  lands  owned  by  any  individual,  company  or 
corporation,  by  voluntary  cession  or  purchase,  it  shall  be 
lawful  for  said  corporation  to  appropriate  and  use  so  much 
of  said  land  as  shall  be  necessary  for  the  proper  construc- 
tion of  said  road,  on  complying  with  the  provisions  of  an 
act  entitled  ."An  act  to  amend  the  law  condemning  right 
of  way  for  purposes  of  internal  improvements,"  appro- 
ved June  22d,  1852. 

§  8.  Said  corporation  is  hereby  vested  with  all  the  I'o-vers. 
powers  conferred  on  plank  road  companies  organized  under 
the  general  laws  for  the  construction  of  plank  roads,  to 
make  contracts  with  town  and  city  authorities,  for  tiie  use 
of  any  part  of  a  public  highway  or  street  for  the  construc- 
tion of  said  road. 

§   9.     Said  corporation  in  and  about  the  construction  of  Borrow  m^ney 
said  road,  and  to  aid  it  therein,  may  borrow  money,  not  ex- 
ceeding in  amount  the  sum  actually  paid  in  by  the  stock- 


1853.  324 

holders,  and  contract  to  pay  therefor  a  rate  of  interest 
not  to  exceed  ten  per  cent. 

This  act  to  be  a  public  act,  and  to  be  in  force  from  and  af- 
ter its  passage. 

Ai'PROVED  February  12,  lb53. 


In  force  Feii.  12,  AN  ACT  to  incorporate  the  Illinois  Wesleyan  University. 

1853.  ' 

Section   1.     Be  it  enacted  by  the  people  oj  the  state   oj 
Illinois,  7'epresented  in  the  General  Assembly,  That  James 

c.Mi)orators.  Allen,  J.  E.  McCIun,  Lewis  Graves,  Thomas  P.  Rogers, 
H.  H.  Fell,  Ezekiel  Thomas,  Wm.  H.  Allen,  Isaac  Funk, 
John  Moore,  Jesse  W.  Fell,  C.  D.  James,  Silas  Waters, 
C.  P.  Merriman,  David  Trimmer,  John  Magann,  James  ■ 
Miller,  John  W.  Ewing,  Jesse  Birch,  A.  Goddard,  W.  C. 
Hobbs,  David  Davis,  Peter  Cartwright,  John  S.  Barger 
and  Henry  Coleman,  and  their  successors,  be  and  are  here- 
by created  a  body  corporate  and  politic,  by  tiie  name  and 

x:uu:- and  stylo,  style  of  "The  Trustees  of  the  Wesleyan  University,"  and 
by  that  style  and  name  to  remain  and  liave  perpetual  suc- 
cession. The  university  shall  remain  at  or  near  the  city 
of  Bloomington,  in  the  county  of  McLean,  and  the  number 

ximiber  of  tius- of  trustees  shall  not  exceed  twenty-four  (24,)  exclusive 
of  the  president,  principal  or  presiding  officer  of  the  col- 
lege, who  shall,  ex  officio,  be  a  member  of  tiie  board  of 
trustees  :  Provided,  however,  that  no  other  professor  or 
instructor  shall  be  a  member  of  said  board.  For  the  pres-  , 
ent,  the  aforesaid  individuals  shall  constitute  tlie  board  of  •; 
trustees.  i 

()i,i;:ct=i.  §  2.     The  object  of  said  corporation  shall  be  the  promo-ij 

tion  of  the  general  interest  of  education,  and  to  qualify  i 
young  men  to  engage  in  the  several  employments  and  pro-i' 
fessions  of  society,  and  discharge  honorably  and  usefully} 
the  various  duties  of  life. 

Annual    couier-      §   3-     Said  University  shall  be  under  tlie  patronage  of  thei 
rhmch^o  gpl  Illinois   Annual    Conference   of  tlie   Methodist   Episcopal; 

vpoini  visiting  Church,  which  shall  have  the  privilege  of  annually  appoint- 
mg  a  visitmg  committee,  consisting  oi  seven,  who  sliall 
have  a  seat  witli  the  board  of  trustees  in  the  transaction  of 
business,  and  any  other  annual  conference  that  shall  unite' 
in  the  patronage  of  said  institution  shall  have  the  same 
privilege  :  Provided,  the  whole  number  of  visiters  so  ap-|, 
pointed  shall  not  exceed  twelve  :  ,ilnd provided,  also,  there 
shall  be  a  quorum  of  the  regular  trustees  exclusive  of  said 
visiting  committee  or  committees,  as  the  case  may  be,  in 
all  meetings  of  the  board  of  trustees. 


325  1853. 

§  4.  Said  trustees,  at  their  first  meeting,  as  provided  for  Divide  by  loi. 
in  the  14th  section  of  this  act,  shall,  by  lot,  di\  ide  themselves 
into  three  classes  of  eight  trustees  each,  and  the  term  of 
office  of  the  first,  second  and  third  classes  shall  be  one, 
two  and  tliree  years  respectively,  after  the  day  of  such  clas- 
sification. At  the  expiration  of  the  term  of  office  of  any  Tmuot  .,ma-. 
of  said  classes,  the  remaining  trustees  then  in  office,  or  a 
majority  of  them,  shall  elect  trustees  equal  in  number  to 
the  outgoing  trustees,  and  who  shall  hold  their  ofiice  for 
three  years  from  and  after  their  election,  and  until  their 
successors  shall  be  elected  and  qualified:  Provided^always,  Proviso. 
that  any  person  or  persons  who  may  have  been  or  shall  be 
a  trustee  of  said  institution  shall  be  eligible  to  election  if 
any  vacancy  shall  occur  in  said  board  of  trustees,  by  remo- 
val, death  or  reiusal  to  act  or  resignation.  Said  trustees 
shall  have  the  power,  at  any  regular  meeting,  of  filling  said 
vacancy  by  electing  a  person  or  persons  to  serve  out  the 
unexpired  term  or  terms,  as  tlin  case  may  be. 

§  5.  The  corporate  powers  hereby  bestowed  shall  be  ci"ip°'a''«i^^"' 
such  only  as  shall  be  essential  or  useful  in  the  attainment 
of  the  object  hereinbei^ore  specified,  and  such  as  are  usu- 
ally conferred  on  bodies  corporate,  to  wit,  to  have  perpet- 
ual succession,  to  make  contracts,  to  sue  and  be  sued,  to 
plead  and  be  impleaded,  to  grant  and  receive  by  its  corpo- 
rate name,  and  to  do  all  other  acts  as  natural  persons  may; 
to  accept  and  acquire,  purchase  and  sell  property,  real,  per- 
sonal or  mixed  ;  in  all  lawful  ways  to  use,  employ,  manage 
and  dispose  of  such  property,  and  all  moneys  belonging  to 
said  corporation,  in  such  manner  as  shall  seem  to  tlie  trus- 
tees best  adapted  to  promote  the  objects  aforesaid  ;  to  have 
a  common  seal,  and  to  alter  or  change  the  same,  and  to 
make  such  by-laws  as  are  not  inconsistent  v/ith  tiie  con- 
stitution and  laws  of  the  United  States  and  this  state,  and 
to  confer  on  such  persons  as  may  be  considered  worthy 
such  academical  or  honorary  degrees  as  are  usually  con- 
ferred b}  similar  institutions. 

§  6.  The  trustees  of  said  university  shall  have  author- Authority 
ity  from  time  to  time  to  prescribe  and  regulate  the  course  '"'""''* 
of  studies  to  be  pursued  in  said  university,  and  in  the  pre- 
paratory department  attached  thereto;  to  fix  the  rate  ol  tui- 
tion, room  rent  and  other  necessary  expenses;  to  appoint  in- 
structors and  such  other  officers  and  agents  as  may  be  need- 
ed in  the  management  of  the  concerns  of  the  institution, 
to  define  their  powers,  duties  and  employments,  to  fix  their 
compensation,  to  displace  or  remove  either  of  the  instruc- 
tors, officers  and  agents,  or  all  of  them,  as  said  trustees 
shall  deem  the  interest  of  said  university  requires,  to  fill 
all  vacancies  among  said  instructors,  officers  and  agents, 
to  erect  necessary  buildings,  to  purchase  books,  chemical 
and  philosophical   apparatus   and  other  suitable  means  of 


pli. 


1853.  326 

instruction,  to  put  in  operation,  if  deemed  advisable,  a  sys- 
tem of  manual  labor  for  the  purpose  of  promoting  tiie  health 
of  the  students  and  lessening  the  expenses  of  education,  to 
make  rules  for  the  general  management  of  tiie  affairs  of  the 
institution  and  for  tlie  regulation  and  conduct  of  the  stu- 
dents, and  to  add,  as  the  ability  of  said  corporation  may 
justify  and  the  interest  of  the  community  shall  require,  ad- 
ditional departments  for  the  study  of  the  sciences,  as  ap- 
plied to  agriculture  and  the  arts,  or  of  any  or  all  of  the 
liberal  professions. 

^vacated.  ^  ?,  Jf  any  trustee  shall  be  ciiosen  president  of  the 
university,  his  former  place  as  trustee  shall  be  considered 
as  vacant,  and  his   place   filled  by  the  remaining  trustees 

n'iW.  for  the  time  being  ;  shall  have  power  to  remove  any  trus- 

tee trom  office  for  any  dishonorable  or  criminal  conduct: 
Provided,  that  no  such  removal  shall  take  place  without 
giving  to  such  trustee  notice  of  the  charges  exhibited  against 
him,  and  an  opportunity  offered  him  to  defend  himself  be- 
fore the  board,  nor  unless  two-thirds  of  the  whole  number 
of  trustees  for  the  time  being  shall  concur  in  such  remo- 
val. The  trustees  for  the  time  being,  in  order  to  have  per- 
petual succession,  shall  have  power,  as  often  as  a  trustee 
shall  be  removed  from  office,  die,  resign,  refuse  to  act  or 
remove  out  of  the  state,  to  appoint  a  resident  of  this  state 
to  fill  the  vacancy  in  the  board  of  trustees  occasioned  by 
such  removal  from  office,  death,  refusal  to  act,  resignation 
or  removal  from  the  state. 

s,  iiow  ap-      §  8.     The  trustees  shall  faithfully  apply  all  funds  col- 

'•  lected  by  them,  according  to  the  best  of  their  judgment,  in 

erecting  suitable  buildings,  in  supporting  the  necessary  in- 
structors, officers  and  agents,  the  procuring  books,  maps, 
charts,  globes,  philosophical,  chemical  and  other  apparatus 
necessary  to  aid  in  the  promotion  of  sound  learning  in  the 
institution  :  Provided,  that  in  case  any  donation,  devise  or 
bequest  shall  be  made  for  particular  purposes  accordant 
with  the  objects  of  the  institution,  and  the  trustees  shall 
accejit  the  same,  every  such  donation,  devise  or  bequest 
shall  be  applied  in  conformity  with  the  express  condition 
of  the  donor  or  devisors  :  Provided,  also,  that  lands  so  do- 
nated or  devised  shall  be  sold  or  disposed  of  as  required  : 
by  the  11th  section  of  this  act. 

meriogive  §  9-  The  treasurer  of  said  university  always,  and  all 
other  agents  whe:.  required  by  the  trustees,  before  enter-, 
ing  upon  the  duties  of  their  appointments,  shall  give  bond 
respectively  for  the  security  of  the  corporation,  in  such  pe- 
nal sum  and  with  such  securities  as  the  board  of  trustees 
shall  approve  ;  and  all  process  against  said  corporation  shall 
be  by  summons,  and  the  service  of  the  same  shall  be  by 
leaving  an  attested  copy  with  the  treasurer  of  the  college 
at  least  thirty  days  before  tlie  return  day  thereof. 


327  1853. 

6   10.     The  said  university  and  its  preparatory  depart- open  to  an 

i.     1      n  1  .         11    1  •       ..•  r      I     •      •  *i  .1         norainatiou-. 

ment  siiali  be  open  to  all  denominations  or  christians,  and  the 
profession  of  any  particular  religions  fait!)  shall  not  he  re- 
quired of  those  who  become  students.  All  persons,  how- 
ever, may  be  suspended  or  expelled  from  said  iisstitutioii 
whose  habits  are  idle  or  vicious,  or  whose  moral  character 
is  bad. 

§  11.  The  lands,  tenements  and  hereditaments  to  be '^«*' "^sute. 
held  in  perpetuity  bj^  virtue  of  this  act  by  said  institution, 
shall  not  exceed  six  hundred  and  forty  acres  :  Provided^ 
however^  that  if  the  donations,  grants  or  devises  in  land 
shall  from  time  to  time  be  made  to  said  corporation  o\er 
and  above  said  six  imndred  and  forty  acres  which  may  be 
held  in  perpetuity,  the  same  may  be  received  and  held  by 
said  corporation  for  the  period  of  teti  years  from  the  date 
of  every  such  donation,  grant  or  devise;  at  the  end  of  I>oItatiotl^. 
which  time,  if  the  said  lands  over  and  above  the  six  hun- 
dred and  forty  acres  shall  not  have  been  sold,  then  and  'u\ 
that  case  the  said  lands  so  donated,  granted  or  devised  shall 
revert  to  the  donor,  grantor  or  the  heirs  of  the  devisor  of 
the  same. 

§  12.  Eight  trustees  shall  be  sufficient  to  constitute  aQuoruia. 
quorum  for  the  transaction  of  business,  and  should  there  be 
at  any  time  an  insufficient  number  for  a  quorum,  they  shall 
have  power  to  adjourn  from  day  to  day,  or  for  any  longer 
period,  until  a  quorum  shall  be  had.  It  shall  be  lawful  for 
the  president  of  the  board,  any  tliree  of  the  trustees,  or  a 
majority  of  the  professors  of  the  institution  for  the  time  be- 
ing, to  call  at  any  time  a  meeting  of  the  board  of  trustees 
%vhenever  he  or  they,  as  the  case  may  be,  may  deem  it  expe- 
dient, by  giving  at  least  three  days'  notice  of  such  meeting 
by  personal  service  or  by  publication  in  some  newspaper 
published  in  the  county. 

§  13.  The  acts  and  proceedings  of  the  trustees  of  the  Actsiegaii^eJ. 
Illinois  Wesleyan  University,  heretofore  had  under  the  gen- 
eral law  authorizing  the  incorporation  of  institutions  of 
learning,  be  and  the  same  are  hereby  legalized;  and  tiie  in- 
dividuals designated  in  the  first  section  of  this  act  are  here- 
by constituted  the  successors  of  the  board  heretofore  or- 
ganized under  said  general  law,  and  are  authorized  and 
required  to  take  the  full  and  entire  management  of  all  things 
pertaining  to  the  future  maintenance  and  support  of  soid 
institution. 

§  14.  The  first  meeting  of  said  trustees,  under  this  char-  FUst  mectms . 
ter,  shall  be  held  at  Bloomington,  on  the  first  Wednesday 
in  March  next,  or  at  any  time  thereafter,  on  a  day  fixed  or 
agreed  upon  in  the  manner  pointed  out  in  the  preceding 
section,  and  all  subsequent  regular  meetings  of  said  board 
shall  be  held  at  such  stated  periods  as  said  trustees,  in  their 


1853.  328 

discretion,  maj'  from  time  to  time,  by  tlieir  by-laws  and 
regulations,  determine. 

§  15.  This  act  shall  be  deemed  a  public  act,  and  shall 
be  in  force  from  and  after  its  passage. 

Approved  February  12,  185-3. 


c  Jan.  n^  AN  ACT  entitled  '-'An  act  incorporating;  the  Bishop  Hi!i  Colonv.  at  Bishop 
»'^^3.  Hill,  m  Henry  coun  y." 

Section   1.     Be  it  enacted  hy  the  people  of  the  state  of 

,mtors.  Illinois,  represented  in  the  General  Jlssemhbj^  That  Olaf 
Johnson,  John  Olson,  James  Eickson,  Jacob  Jacobson, 
Jonas  Cronberg,  Swan  Swanson,  Peter  Johnson,  and  their 
associates  and  successors,  be  and  they  are  hereby  consti- 
tuted and  appointed  a  body  politic  and   corporate,  by  the 

ean.i  siyio.  name  aud  style  of  "The  Bishop  Hill  Colony,"  and  by  that 
name  they  and  their  successors  shall  and  may  have  perpct- 

rai  powers,  ual  succession,  shall  be  capable  of  suing  and  being  sued, 
defending  and  being  defended,  pleading  and  being  implea- 
ded, answering  and  being  answered,  within  all  courts  and 
places  whatsoever  ;  they  may  have  a  common  seal,  to  al- 
ter or  change  the  same  at  pleasure;  may  purchase  and  hold 
or  convey  real  and  personal  property  necessary  to  promote 
and  fully  carry  out  the  objects  and  interests  of  said   cor- 

ees.  poration.      The  number  of  trustees  shall  be  seven,  and  the 

above  named  persons  are  hereby  appointed  and  constitu- 
ted trustees  of  said  corporation. 

and  person-      §   2.     The  real  and  personal  estate  held  and  owned  by 

'""'•  said  trustees  in  their  corporate  capacity  shall  be  held  and 

used  for  the  benefit,  support  and  profit  of  the  members  of 
the  colony. 

,,.  §  3.     The  bushiess  of  said  corporation  shall  be  manu- 

facturing, milling,  all  kinds  of  mechanical  business,  agri- 
culture and  merchandising. 
,  ,„,,,  §   4.     The  said  trustees  above  appointed  shall  hold  their 

office  during  good  behavior,  but  are  liable  to  be  removed, 
for  good  cause,  by  a  vote  of  a  majority  of  the  male  mem- 
bers of  the  colony. 

„ §   5.     All  vacancies  in  the  office  of  trustees,  either  by 

removal,  death,  resit^nation  or  otherwise,  shall  be  filled  in 
such  manner  as  shall  be  provided  by  the  by-laws  of  such 
corporation. 

!is.  §   6.     The  said  trustees  and  their  successors  in  office 

m;iy  make  contracts,  purchase  real  estate  and  again  con- 
vey the  same,  whenever  they  shall  see  proper  so  to  do,  for 
the  benefit  of  the  colony. 


329  1853. 

§   7.     All  the  real  estate  heretofore   conveyed  by  any  Titles. 
person  or  persons  to  the  trustees  of  the  Bishop  Hill  Soci- 
ety shall    be  and    the  titles  to  said  land    are  hereby    in- 
vested in  the  said  trustees  above  appointed,  for  the  use  and 
purpose  above  specified. 

§  8.  The  said  Bishop  Hill  Colony  may  pass  such  by- By-iaws. 
laws  concerning  the  govei-nment  and  management  of  the 
property  and  business  of  said  colony,  and  the  admission, 
withdrawal  and  expulsion  of  its  members,  and  regulating 
its  internal  policy,  and  for  other  purposes  directly  connect- 
ed with  the  business  and  management  of  said  colony,  as 
they  may  deem  proper,  not  inconsistent  with  the  constitu- 
tion and  laws  of  this  state. 

§  9.  This  act  shall  be  deemed  and  taken  as  a  public 
act,  and  shall  be  construed  liberally  for  the  benefit  of  said 
colony. 

Approved  January  17,  1853. 


AN  ACT  to  incorporate  a  bridge   company  by  the  title  hereinafter  named.  l"  force  Jan.  n, 

Section  I.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  rejiresented  in  the  General  Assembly,  That  Joel^'"^P°^-''^°"- 
A.  Matteson,  Joseph  E.  Sheffield,  Norman  B.  Judd  and 
Henry  Farnam,  their  associates,  successors,  heirs  and 
assigns,  be  and  they  are  hereby  created  a  body  corporate 
by  the  name  and  style  of  "The  Railroad  Bridge  Com- 
pany," with  power  to  build,  maintain  and  use  a  railroad  powers, 
bridge  over  the  Mississippi  river,  or  that  portion  within 
the  jurisdiction  of  the  state  of  Illinois  at  or  near  Rock 
Island,  in  such  manner  as  shall  not  materially  obstruct  or 
interfere  with  the  free  navigation  of  said  river,  and  to  con- 
nect, by  lailroad  or  otherwise,  such  bridge  with  any  rail- 
road, either  in  the  states  of  Illinois  orIov.-a,  terminating  at 
or  near  said  point;  to  unite  and  consolidate  its  franchises 
and  property  with  any  and  all  bridge  or  railroad  companies 
in  either  of  said  states,  to  fix  the  amount  of  capital  stock, 
to  divide,  transfer  and  increase  the  same,  to  borrow  money 
and  pledge  or  mortgage  its  property  and  franchises,  to 
condemn  according  to  law  property  for  the  uses  and  pur- 
poses of  said  company,  to  contract,  bargain  and  agree 
with  any  such  railroad  companies  for  and  in  the  construc- 
tion and  maintenai.ee  of  such  bridge,  to  sell  or  lease  said 
bridge,  or  the  use  of  the  same,  or  the  franchises  of  said 
company,  to  any  companies  or  corporations  :  Pruvided^  Proviso. 
that  said  company  shall  commence  said  bridge  within  two 


1853.  330 

years,  and  shall  complete  the  same  within  six  years  from 
the  passage  of  this  act. 

§  2.  This  act  to  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  January  17,  1853. 


i 


In  forcp  Feb.  3,  AN  ACT  to  charter  the  city  of  Hutsonville. 

1853. 

ARTICLE    I. — Of  Boundaries  and  Genera/  Powers. 


Section   1.     Bt  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the    General  Jissembly,  That  the 

^*'*"" "'"' ^'^^'^"  inhabitants  of  the  town  of  Hutsonville,  in  the  county  of 
Crawford,  and  slate  of  Illinois,  be  and  they  are  hereby 
constituted  a  body  politic  and  corporate,  by  the  name  and 
style  of  "The  City  of  Hutsonville,"  and  by  that  name 
shall  have  perpetual  succession,  and  may  have  and  use  a 
common  seal,  which  they  may  change  and  alter  at  pleasure. 

Boundaries.  §  2.     All  that  district  of  country  embraced   within  the 

following  limits,  to  wit,  commencing  at  the  northeast  cor- 
ner of  fractional  section  No.  twenty-nine  (29,)  in  township 
No.  eight  (8)  north,  of  range  eleven  (11)  west,  running 
thence  west  with  said  line  to  the  northwest  corner  of  said 
fractional  section,  then  south  to  lands  belonging  to  James 
T.  Stark,  on  aline  between  him  and  lands  formerly  owned 
by  William  Cox,  deceased,  thence  east  to  the  bank 
Hutson  creek,  thence  meandering  the  said  creek  to  th« 
Wabash  river,  thence  up  said  river  to  the  place  of  be- 
ginning. 

Wards.  §   3.     The    present  board   of  trustees    of   the    town   oi 

Hutsonville  shall,  on  the  first  Monday  of  May  next,  divid* 
the  said  city  of  Hutsonville  into  two  wards,  as  nearly  equa 
in  population  as  practicable,  particularly  describing  th< 
boundaries  of  each. 

§  4.  Whenever  any  tract  of  land  adjoining  tiie  city  o 
Hutsonville  shall  be  laid  off  into  town  lots  and  duly  re- 
corded as  required  by  law,  the  same  shall  be  annexed  t( 
and  form  a  part  of  the  city  of  Hutsonville. 

General  powers.  §  5.  Tlic  inhabitants  of  said  city,  by  the  name  an( 
style  aforesaid,  shall  have  power  to  sue  and  be  sued 
plead  and  be  imj)leaded,  defend  and  be  defended,  in  al 
courts  of  law  and  equity,  and  in  all  actions  whatever  ;  tc 
purchase,  receive,  and  hold  property,  real  and  personal, 
in  said  city;  to  j)urchase,  receive  and  hold  property,  botl 
real  and  personal,  beyond  tiie  city,  for  burial  grounds  anc 
other  public  purposes,  for  the  use  of  the  inliabitants  of  saic 


331  1853. 

city  ;  to  sell,  lease  and  convey  or  dispose  of  property,  real 
and  personal,  for  the  benefit  of  the  city,  and  to  improve  and 
protect  such  property,  and  to  do  all  other  things  in  rela- 
tion thereto  as  natural  persons. 

ARTICLE  II.— 0/  the  City  Council. 

§   1.     There    shall   be    a  city   council,   to   consist  of  a  <'*>' co""cii. 
mayor  and  board  of  aldermen. 

§  2.  Tiie  board  of  aldermen  shall  consist  of  two  mem- 
bers from  each  ward,  to  be  chosen  by  the  qualified  voters 
for  one  year. 

§   3.     No    person    shall  be   an  alderman   unless   at  the -^I'^ie™'"- 
time  of  his  election  he  shall  have  resided  six  months  within 
the  limits  of  ihe  city,  and  shall  be  at  the  time  of  his  elec- 
tion twenty-one   years  of  age,  and  a  citizen  of  the  United 
States. 

§   4.     If  an\  alderman  shall,  after  his  election,  remove  ^''»'^''*«'- 
from  the  ward  for  which  he  is  elected,  his  office  shall  thereby 
be  declared  vacated. 

§  5.  The  city  council  shall  judge  of  the  qualifications, 
elections  and  returns  of  their  own  members,  and  shall  de- 
termine all  contested  elections. 

§  6.    A  majority  of  the  city  council  siiall  constitute  a  quo-  Q"ortim. 
rum  to  do  business,  but  a  smaller  number  may  adjourn  from 
day  to  day,  and  compel  the  attendance  of  absent  members, 
under  such  penalties  as  may  be  prescribed  by  ordinance. 

§   7.      The  city   council  shall  have  power  to  determine  ^^"i^sof  pvoceed- 
the    rules  of  its  proceedings,  punish  its   members  for  dis- 
orderly conduct,  and,  with  the   concurrence  of  two-thirds 
of  the  members  elected,  expel  a  member. 

§   8.     The  city  council  shall  keep  a  journal  of  its  pro-  Jomuai. 
ceedings,  and  from  time  to  time  publish  the  same;  and  the 
yeas    and  nays,  when  demanded  by  any  member  present, 
shall  be  entered  upon  the  journal. 

^.  9.  No  alderman  shall  be  appointed  to  any  office 
under  the  autiiority  of  ihe  city  which  shall  have  been  cre- 
ated or  the  emoluments  of  which  shall  have  been  increas- 
ed during  the  time  for  which  he   shall  have  been  elected. 

§  10.  All  vacancies  that  shall  occur  in  the  board  of 
aldermen  shall  be  filled  by  election. 

§  11.  The  mayor  and  each  alderman,  before  entering oath. 
upon  the  duties  of  their  office,  shall  take  and  subscribe  an 
oath  that  they  will  support  the  constitution  of  the  United 
States  and  of  this  state,  and  that  they  will  well  and  truly 
perform  the  duties  of  their  office,  to  the  best  of  their  skill 
and  ability,  and  the  oath  prescribed  in  the  twenty-sixth  sec- 
tion of  the  thirteenth  article  of  the  constitution  of  this  state. 

§   12.     Whenever  there  shall  be  a  tie  in   the  election  ofTie.  \ 

aldermen,  the  judges  of  election  shall  certify  the  same  to 


1853.  332 

the  mayor,  who  shall  determine   the  same  by  lot,  in  such 
manner  as  shall  be  determined  by  ordinance. 
lags.  §    13.     There   shall  be   twelve   stated  meetinj^s  of  the 

city  council  in  each  year,  at  sucii  times  and  places  as  may 
be  prescribed  by  ordinance. 

ARTICLE  III.— 0/  the  Chief  Executive  Officer. 

,r.  §  1.     Tlie  chief  executive  officer  of  the  city  shall  be  a 

mayor,  wlio  shall  be  elected  by  the  qualified  voters  of  the 
city,  and  shall  iiold  his  office  for  one  year,  and  until  his  suc- 
cessor shall  be  elected  and  qualified. 

§  2.  No  person  shall  be  eligible  to  the  office  of  may- 
or who  shall  not  have  been  a  resident  of  the  city  for  one 
year  next  preceding  his  election,  or  who  shall  be  under 
twenty-one  years  of  age,  or  who  shall  not,  at  the  time  of 
his  election,  be  a  citizen  of  the  United  States. 

(,.  §   3.     If  any  mayor,  during  the  time  for  which  he  shall 

have  been  elected,  remove  from  the  city,  his  office  shall 
be  vacated. 

§  4.  When  two  or  more  persons  shall  have  an  equal 
number  of  votes  for  mayor,  the  judges  of  election  shall 
certify  the  same  to  tlie  city  council,  who  shall  proceed  to 
determine  the  same  by  lot  in  such  manner  as  may  be  pro- 
vided by  ordinance. 

,^j,.,,  h   ,0.     Wlienever  an  election  of  mayor  shall  t)e  contest- 

ed, the  city  council  shall  determine  the  same  as  may  be 
prescribed  by  ordinance. 

§  6.  Whenever  any  vacancy  shall  happen  in  the  office 
of  mayor   it  shall  be  filled  by  election. 

ARTICLE  IV.— 0/  Elections. 

i^^i^  §   1.     On  the  second  Monday  of  Ma\'  next,  an  election 

shall  be  held  in  eacii  ward  of  said  city,  for  one  mayor  of 
the  city,  cwo  alderman  for  each  ward,  and  forever  tiiere- 
after,  on  the  second  Monday  of  May  of  each  year,  there 
shall  be  an  election  lieldfor  one  mayor  for  the  city  and  two 
aldermen  for  each  ward.  The  first  election  for  mayor  and 
aldermen  shall  be  held,  conducted,  and  returns  thereof 
made,  as  may  be  provided  by  ordinance  of  the  present 
trustees  of  the  town  of  Hutsonville. 

§   2.     All  free  white  male  inhabitants  over  the  age  of 

""'  twenty-one  years,  who  are  entitled  to  vote  tor  state  officers, 

and  who  shall  have  been  actual  residents  of  said  city  ninety 
days  next  preceding  said  election,  shall  be  entitled  to  vote 
for  city  officers  :  Pruvided,  that  said  voters  shall  give  tlieir 
votes  for  mayor  and  aldermen  in  the  wards  in  wliich  tliey 
shall  respectively  reside,  and  in  no  other;  and  tliat  no  vote 
shall  be  received  at  any  of  said  elections  unless  the  person 


333  1863. 

offering  such  vote  shall  have  been  an  actual  resident  of  the 
ward  where  the  same  is  offered  at  least  ten  days  next  pre- 
ceding such  election. 

ARTICLE  y.—  OJ  the  Legidative  Poioers  oj  the    City 
iJouncil. 

§  1.  The  city  council  shall  have  power  and  authority  to  t:ix. 
levy  and  collect  taxes  upon  all  property,  real  and  personal, 
within  the  limits  of  the  city,  not  exceeding  one-half  per 
cent,  per  annum,  upon  t]ie  assessed  value  thereof,  and 
may  enforce  the  payment  of  the  same  in  any  manner  to  be 
prescribed  by  ordinance,  not  repugnant  to  the  constitution 
of  the  United  States  and  of  this  state. 

§  2.  The  qualified  voters  of  tlie  city  in  each  of  the  Kiect  othrr 
wards  as  aforesaid,  and  at  the  time  of  the  election  of  the 
mayor  and  aldermen  as  aforesaid,  in  each  and  every  year 
hereafter,  shall  elect  a  city  clerk,  treasurer,  assessor,  mar- 
shal, and  all  such  other  officers  as  may  be  deemed  ne- 
cessary. 

§  3.  ihe  city  council  shall  have  power  to  require  of  officers 
all  officers  elected  or  appointed,  and  they  are  hereby  re- 
quired in  pursuance  of  this  charter,  bonds  with  penalty 
and  security  for  the  faithful  performance  of  their  respec- 
tive duties,  as  may  be  deemed  expedient,  and  also  to  re- 
quire all  officers  elected  as  aforesaid  to  take  an  oath 
for  the  faithful  performance  of  tiie  duties  of  their  respec- 
tive offices,  before  entering  upon  the  discharge  of  the  same  ; 
to  establish,  support  and  regulate  common  schools;  to  ^^^j^''^"'  ^' 
borrow  money  on  tlie  credit  of  the  city  :  Provided.,  that 
no  sum  or  sums  of  money  shall  be  borrowed  at  a  greater 
interest  than  at  ten  per  cent,  per  annum,  nor  shall  the  in- 
terest on  the  aggregate  of  all  the  sums  borrowed  and  out- 
standing ever  exceed  one-half  of  the  city  revenue  arising 
from  taxes  assessed  on  real  property  within  the  limits  of 
the  corporation. 

§  4.  To  appropriate  money  and  provide  for  the  pay- 
ment of  the  debts  and  expenses  of  the  city. 

§  5.  To  make  regulations  for  [to  prevent]  the  introduc- 
tion of  contagious  diseases  into  the  city,  to  make  quaran- 
tine laws  for  that  purpose,  and  enforce  the  same  within 
five  miles  of  the  city. 

§  6.  To  establish  hospitals,  and  make  regulations  for 
the  government  of  the  same. 

§  7.  To  make  regulations  to  secure  the  general  health 
of  the  inhabitants,  to  declare  what  shall  be  a  nuisance, 
and  to  prevent  and  remove  the  same. 

§  8.  To  provide  the  city  with  water,  to  erect  hydrants 
and  pumps  in  the  streets  for  the  convenit'uce  of  the  inhab- 
itants. 


1853.  334 

§  9.  To  open,  alter,  abolish,  widen,  extend,  establish, 
grade,  pave,  or  otherwise  improve  and  keep  in  repair 
streets,  avenues,  lanes  and  alleys. 

§    10.     To  establish,  erect   and  keep  in  repair  bridges. 

§  11.  To  divide  the  city  into  wards,  alter  the  bound- 
aries thereof,  and  erect  additional  wards  [as]  the  occasion 
may  require. 

§  12.  To  provide  for  lighting  the  streets  and  erecting 
lamp  posts. 

§   13.     To  establish,  support  and  regulate  night  watches. 

§  14.  To  erect  market  houses,  to  establish  markets  and 
market  places,  and  provide  for  the  government  and  regula- 
tion ttiereof, 

§  15.  To  provide  for  the  erection  of  all  needful  build- 
ings for  the  use  of  the  city. 

§  16.  To  provide  for  enclosing,  improving  and  reg- 
ulating all  public  grounds  belonging  to  the  city. 

§  17.  To  improve  and  preserve  the  navigation  of  the 
Wabash  river  within  the  limits  of  the  city, 

§  18.  To  erect,  repair  and  regulate  public  wharves 
and  docks,  to  regulate  the  erection  and  repair  of  private 
wharves,  and  the  rates    of  wharfage  thereat. 

§  19.  To  license,  tax  and  regulate  auctioneers,  mer- 
chants, retailers,  hawkers,  pedlers,  brokers,  pawnbrokers 
and  money  changers. 

§  20.  To  license,  tax  and  regulate  hackney  carriages, 
wagons,  carts  and  drays,  and  fix  the  rates  to  be  cliarged 
for  the  carriage  of  persons,  and  for  the  wagonage,  cart- 
age and  drayage  of  property. 

§  21.  To  license  and  regulate  porters,  and  fix  the  rates 
of  porterage. 

§  22.  To  license,  tax  and  regulate  theatrical  and  other 
exhibitions,  shows  and  amusements. 

§  23.  To  tax,  restrain,  prohibit  and  suppress  tippling 
houses,  dram  shops,  and  gaming  houses  and  bawdy  houses, 
and  other  disorderly  houses. 

§  24.  To  provide  for  the  prevention  and  extinguishment 
of  fires,  and  to  organize  and  establish  fire  companies. 

§  25.  To  regulate  or  prohibit  the  erection  of  wooden 
buildings  in  any  })art  of  the  city. 

§  26.  To  regulate  the  fixing  of  chimneys  and  fix  the 
flues  thereof. 

§  27.  To  regulate  the  storage  of  gunpowder,  tar,  pitch, 
rosin,  and  other  combustible  materials. 

§  28.  To  regulate  and  order  parapet  walls  and  parti- 
tion fences. 

§  ^9.  To  establish  standard  weights  and  measures,  and 
to  regulate  the  weights  and  measures  to  be  used  in  the 
city,  in  all  cases  not  otherwise  provided  for  by  law. 


335  1853. 

§  30.  To  provide  for  the  inspection  and  measuring  of 
lumber  and  other  building  materials,  and  for  the  measure- 
ment of  all  kinds  of  mechanical  work. 

§  31.  To  provide  for  the  inspection  and  weighing  of 
hay  and  stone  coal,  the  measurement  of  charcoal,  fire 
wood,  and   other  fuel  to  be  sold  or  used  v/ithin  the  city. 

§  32.  To  provide  for  and  regulate  the  inspection  of  to- 
bacco, and  of  beef,  pork,  flour,  meal,  and  whisky  in  barrels. 

§  33.  To  regulate  the  inspection  of  butter,  lard  and 
other  provisions. 

§  34.  To  regulate  the  weight,  quality  and  price  of 
bread  to  be  sold  and  used  in  the  ciiy. 

§  35.  To  regulate  the  size  of  bricks  to  be  sold  or  used 
in  the  city- 

^  36.  To  provide  for  the  taking  enumerations  of  the  in- 
itanls  of  the  city. 

§  37.  To  regulate  the  election  of  city  officers,  and 
provide  for  removing  from  office  any  person  holding  an 
office  created  by  ordinance. 

§  38.  To  fix  the  compensation  of  all  city  officers,  and 
regulate  the  fees  of  jurors,  witnesses  and  others,  for  ser- 
vices  rendered  under  this  act,  or  any  ordinance. 

§  39.  To  regulate  the  police  of  the  city,  io  impose 
fines  and  forfeitures  and  penalties  for  the  breach  of  any  ordi- 
nance, and  to  provide  for  the  recovery  and  appropriation 
of  such  fines  and  forfeitures,  and  the  enforcement  of  such 
penalties. 

§  40.  The  city  council  shall  have  exclusive  power, 
within  the  city,  by  ordinance,  to  suppress  and  restrain 
billiard  tables. 

§  41.  The  city  council  shall  have  power  to  make  all 
ordinances  which  shall  be  necessary  and  proper  for  carry- 
ing into  execution  tlie  powers  specified  in  this  act,  so  that 
such  ordinances  be  not  repugnant  to  nor  inconsistent  with 
the  constitution  of  the  United  States  or  laws  of  this  state. 

§  42.  The  style  of  the  ordinance  of  the  city  shall  be  ; 
"i^e  it  ordained  bij  the  city  council  of  the  city  of  Hutsonville.'^'' 

§  43.  All  ordinances  passed  by  the  city  council  shall, 
within  one  month  after  they  shall  have  been  passed,  be 
published  in  some  newspaper  published  in  the  city,  and 
shall  not  be  in  force  until  they  shall  have  been  published 
as  aforesaid. 

§  44.  All  ordinances  of  the  city  may  be  proven  by  the 
seal  of  the  corporation,  and  when  printed  and  published  in 
book  or  pamphlet  form,  and  purporting  to  be  printed  and 
published  by  authority  of  the  corporation,  the  same  shall 
be  received  in  evidence  in  all  couits,  and  without  fur- 
ther proof. 

§  45.  The  city  council  shall  have  power  to  establish 
ferries,  license  and  regulate  the  same  on  the  Wabash  river, 


Pr-'^-i'llnK  officer. 


Duties  of  mayor. 


1853,  336 

within  the  limits  of  city,  for  the  benefit  of  the  inhabitants 
and  the  public. 

ARTICLE  VI.— Q/-   the  Mayor. 

§  1.  The  mayor  shall  preside  at  all  meetings  of  the 
city  council,  and  shall  have  a  casting  vote,  and  no  other. 
In  case  of  non-attendance  of  the  mayor  at  any  meeting, 
tlie  board  of  aldermen  shall  appoint  one  of  their  own  num- 
ber chairman,  who  shall  preside  at  that  meeting. 
Special  meetings.  §  2.  The  mayor  or  any  two  aldermen  may  call  special 
meetings  of  the  city  council. 

3.  The  mayor  shall  at  all  times  be  active  and  vigi- 
lant in  enforcing  the  laws  and  ordinances  for  tiie  govern- 
ment of  the  city;  he  shall  inspect  the  conduct  of  all  sub- 
ordinate officers  of  said  city,  and  cause  negligence  and 
positive  violation  of  duty  to  be  prosecuted  and  punished; 
he  shall  from  time  to  time  communicate  to  the  aldermen 
such  information  and  recommend  all  such  measures  as  in 
his  opinion  may  tend  to  the  improvement  of  the  finances, 
the  police,  the  health,  security,  comfort  and  ornament  of 
the  city. 

§  4.  H.  isjiereby  authorized  to  call  on  every  male  in- 
habitant of  aid  city,  over  the  age  of  eighteen  years,  to  aid 
in  enfi.  ng  the  laws  and  ordinances,  and  in  case  of  riot, 
to  call  at  the  militia  to  aid  him  in  suppressing  the  same,  or 
in  carrying  into  effect  any  law  or  ordinance;  and  any  person 
who  shall  not  obey  such  call  shall  forfeit  to  said  city  a  fine 
not  exceeding  five  dollars. 

§  5.  He  shall  have  power,  whenever  he  may  deem  it 
necessary,  to  require  of  any  of  tlie  officers  of  said  city  an  ex- 
iiibit  of  his  books  and  papers. 

§   6.     He  shall  have  power  to  execute  all  acts  that  may 
be  required  of  him   by   any  ordinance  made  in  pursuance 
of  this  act. 
commissioneci  1)7      §   7.     He  sliall  be  commissioned  by  the  governor  as  a  jus- 
t'oveni.ir.         ticc  of  the  pcace  for  said  city,  and  as  such  shall  be  a   con- 
servator of  the  peace  for  the  said  city,  and  shall  have  power 
and  authority  to  administer  oaths,  issue  writs  and  process, 
under  the    seal  of  the  city,   to    take    depositions,  the  ac- 
knowledgment of  deeds,  mortgages,  and  all  other  instru- 
ments of  writing,  and    certify  same,  under  the  seal  of  the 
the  city,  which  shall  be  good  and  valid  in  law. 
Jmisdktioii.  §   8-     f^6  shall  have   exclusive  jurisdiction  in  all  cases 

arising  under  the  ordinances  of  the  corporation,  and  con- 
current jurisdiction  with  all  other  justices  of  the  peace  in 
all  civil  and  criminal  cases  within  the  limits  of  the  city, 
arising  under  the  laws  of  the  state,  and  shall  receive  the 
same  fees  and  compensation  for  his  services  as  in  similar 
cases. 


337  1S53. 

§  9.  He  shall  also  have  such  jurisdiction  as  may  be 
vested  in  him  by  ordinance  of  the  city,  in  and  over  all 
places  within  five  miles  of  the  boundaries  of  the  city  for 
the  purpose  of  enforcing  the  health  and  quarantine-o'rdi- 
nances  and  regulations  thereof. 

1  ^,\^"  J"^^  ^^^'^^^  receive   for  his  services  such  salary  as 
shall  be  fixed  by  an  ordinance  of  the  city. 

§  11.  In  case  the  mayor  shall  at  any  time  be  guilty  ofp.naitv  ;:„po. 
a  palpable  omission  of  duty,  or  shall  wilfully  and  corruptly  ""'="'>"^- 
be  guilty  of  oppression,  malconduct,  or  partiality  in  the 
discharge  of  the  duties  of  his  office,  he  shall  be  liable  to 
be  indicted  in  the  circuit  court  of  Crawford  county,  and  on 
conviction  he  shall  be  fined  not  more  than  two  'hundred 
dollars,  and  the  court  shall  have  power,  on  the  recommen- 
dation ot  the  jury,  to  add  to  the  judgment  of  the  court 
that  he  be  removed  from  office. 

ARTICLE  YIL-Of  Proceedings  in  Special  Cases. 

§  1.^  When  it  shall  be  necessary  to  take  private  pro- sum., 
perty  lor  opening,  widening,  or  altering  any  public  street, 
lane,  avenue,  or  alley,  the  corporation  shall  ?aake  a  ju<5t 
compensation  to  the  person  whose  property  ..'/n  taken, 
and  if  the  amount  of  such  compensation  cannot  be'agreed 
on,  the  mayor  shall  cause  the  same  to  be  ascertained  by  a 
jury  of  six  disinterested  freeholders  of  the  city. 

§  2.  When  the  owners  of  all  the  property  on  a  street, 
lane,  avenue,  or  alley,  proposed  to  be  opened,  widened' 
or  altered,  shall  petition  therefor,  the  city  councils  may 
open,  widen,  or  alter  such  street,  lane,  avenue,  or  alley, 
upon  condition  to  be  prescribed  by  ordinance,  but  no  com- 
pensation shall  in  such  case  be  made  to  those  whose  pro- 
perty shall  be  taken  for  the  opening,  widening,  or  alterino- 
such  street,  lane,  avenue,  or  alley,  nor  shall  there  be  any 
assessments  of  benefits  or  damages  that  may  accrue  thereby 
to  any  of  the  petitioners. 

§   3.     All  jurors  empanneled  to  enquire  into  the  amount  Ju  •.• 
ot     benefits     or    damages     which    shall    happen     to    the 
owners    of    property  proposed  to  be    taken    for    openincr, 
widening,  or  altering  any  street,  lane,  or  alley,  shall  fir^tsw,.-, 
be  sworn  to  that  effect,  and  shall  return  to  the  mayor  their 
inquest  in  writing,  and  signed  by  each  juror. 

§  4.  In  ascertaining  the  amount  of  compensation  for 
property  taken  for  opening,  or  widening,  or  altering  any 
street,  lane,  avenue,  or  alley,  the  jury  shall  take  into  con- 
sideration the  benefit  as  well  as  the  injury  happening  by 
such  opening,  widening,  or  altering  such  street,  lane 
avenue,  or  alley.  ' 

§   5.     The   mayor  shall   have  power,  for    good   causes  ,„,„.,»,,  ..j,, 
shown,  withm  ten  days   after  any  inquest  shall  have  been     '"'"'"''' 
[  W  J 


1853.  338 

returned   to   him  as   aforesaid,  to  set  the  same  aside,  and 
cause  a  new  inquest  to  be  made. 
,  ^6.     The  city  council   shall  have  power  by  ordinance 

"  ""  to  levy  and  collect  a  special  tax  on  the  holders  of  U.e  lots 
in  any  street,  lane,  avenue,  or  alley,  or  part  of  any  lane, 
avenue,  or  alley,  according  to  their  respective  fronts 
owned  by  them,  for  the  purpose  of  paving  and  grading  the 
side-walks  and  lighting  said  street,  lane,  avenue,  or  alley. 

ARTICLE  YllL—Miscel/aneous  Provisions. 

,,,   .  K   \       The  inhabitants  of  the  city  of  Hutsonville  are  here- 

by exempted  from  working  on  any  road  beyond  the  limits  of 
the    city,  and  from  paying  any   tax  to  procure  laborers  to 
work  on  the  same. 
t,  ,  5  2      The  city  council  shall  have  power,  for  the  purpose 

of  keeping  the  streets,  lanes,  avenues  and  alleys  m  repair, 
to  require  every  male  inhabitant  in  said  city,  over  twenty- 
one  years  of  age,  to  labor  on  said  streets,  lanes,  and  avenues 
and  alleys,  not  exceeding  three  days  in  each  and  every 
ye'-ir,  and  any  person  failing  to  perform  such  labor,  when 
dulv  notified  bv  the  supervisor,  shall  forfeit  ana  pay  the 
sum  of  one  dollar  per  day  for  each  day  so  neglected  or 
refused.  .  ,     r 

^   3.     The  city  council  shall  have  power  to  provide  tor 

■•"'"""  the  punishment  of  offenders,  by  imprisonment  in  the  county  I 
iail  or  city  jail,  in  all  cases  where  such  otl\;nders  miglit  law-  1 
fully  be  imprisoned  by   the  constitution   and    laws  ot  this 

state.  1  LI-  1     ! 

^  4      The  city  council  shall  cause  to  be  pubiishe(i  an- 
'""""•         nuallv  a  full  and  complete  statement  of  all  moneys  received 
and   "expended  by  the   corporation    during  the   preceding 
year,  and  on  what  account  received  and  expended. 

§  5.  All  ordinances  and  resolutions  passed  by  the 
president  and  trustees  of  the  town  of  Hutsonville  shall 
remain  in  force  until  the  same  shall  have  been  repealed 
by  the  city  council  hereby  created. 
^6.  All  suits,  actions  and  prosecutions  instituted,  com- 
menced or  brought  by  the  corporation  hereby  created,  shall 
be  instituted,  commenced  and  prosecuted  in  the  name  ol 
"The  City  of  Hutsonville."  _ 

5  7.  All  actions,  fines,  penalties  and  forfeitures  which 
have  accrued  to  the  president  and  trustees  of  the  town  of 
Hutsonville,  shall  be  vested  in  and  prosecuted  by  the  cor- 
poration hereby  created.  ,.  i 
i,„„,,,iy  §  8.  All  property,  real  and  personal,  heretotore  be- 
longing to  the  president  and  trustees  of  th  •  town  of 
Hutsonville,  for  the  use  of  the  inhabitants  of  said  town, 
shall  be  and  the  same  are  hereby  declared  to  be  vested  in 
the  corporation  hereby  created. 


^^^  1853. 


§    10.      The  president  and  trustees  of  the  town  of  Hnf   p       , 
«onvdle   snal],  immediately  after  the  pas.ag     of  thL   a  t""- 
he  dtrrH^t^^'  l>--u]gate  this  Iaw\vithin   the  limitrof 
t  P  Mr     ^'fT''^^'^  =^"^    '^^"^    their    proclamation  for 
he  election  ot  officers,  and  cause  the  samj  to  be  published 

sion  prioi  to  the  uay  ot  election  for  said  officers. 

caL  an.inl'^-'t     .'.       ^'   ^^J.^^^-i  ^>om  decisions   in  all -vppea.. 
ca.es  ans.ng  under  the   provisions  of  this  act,  or  any  ordi- 

and  I  anted  in    J!'  '        ''""^  '"'^  "PP^^^  ^^'^^'^   '^^  taken 
ana  g  anted  m  the   same  manner  and    with  like  effect  as 
appeals  are  taken  from    and    granted   bv    iu  ticefo7  th. 
peace  to  te  circuit  court,  undfr  the  laws^t^This  stat  - 
^    12.      VViienever  the  mayor  shall    absent  himself  from  .r 

Led  to'e       t  ^"1>  f'  ■'^'^^"^"    ^'-^^  immediately  ;;! 

§  13.  This  act  is  hereby  declared  to  be  a  public  act 
and  may  be  read  in  evidence  in  all  courts  of  la  Jande,uity 
within  this  state,  without  proof.  ^     ^ 

prov'-'ionstf  thf.r'  T'"''   °^   ""'''    ^°'""^g    ^^thin   theAc.,... 
pim.Mons    ot  this    charter,  or  contrary  to  or  inconsistent 
witn  Its  provisions,  are  hereby  repealed  ^"^onsi.tent 

to  execute  wHtfnV;?'''^'  °' '"^'  «ther  officer  authorized  cit.n...., 
to  execute  writs   or    other  process    issued    by   the   mayor 

inuls  of  the  county  of  Crawford,  and  shall  be    ent^  ed  to 

:i::iiar:a::r"^'^^^^^^^"^---^'^^^^ 

Approved  February  3,  1853. 


AN  ACT  to  amend  the  city  charter  of  the  oty  of  Quincy. 
bECTiox   1.     Be  It  enacted  by  the  people  of  the  state  of 

^y':x::nfT'T  ^?^,^--f^ff-4  xh^'ti^....... . 

thp^..    /  /.,        ^'^^  °^  Q""^^y  '^'^^^  ^'^^^  Po^v-er,  upon  "^'^ 

lnJ"\r^  '^  '  i1  '"f  J°'"^'y  "^"  ^^^^  -^^^"^^^  ^^  holders  of  lots 

n  any  block  or  blocks,  or  other  natural  divisions  of  ground 

,  lont  n„  on  any  street,  alley,  highway  or  other  thoro.fSe 

unsaid  city, to  cause,  from  time  to  time,  any  such  streetfaey 


streots. 


1853.  340 

hicrhway  or  thoroughfare,  or  any  part  thereof,  to  be  paved, 

macadamized  or  planked,  and  to  keep  the  same  in  repair 

T  -2.     The  expenses  of  any  improvement  mentioned    n 

Expense  or  im-  ^  forecroine  section  maybe  assessed  upon  the  real  estate 

^"■"^"^■'"^  n  anTn'aturll  division  benefitted  thereby,  with  the  costs 

of  the  proceedings  therein,  in  proportion   as  near  as  maj  be 

?o  the  benefits   thereto:  Provided,  snch  assessment  shall 

not  exceed  three  per  cent,  per  annum  on  the  property  as- 

'' 5  t"  The  said  city  council  shall  have  power  by  ordi- 
'"""'  '"•  nance  to  levy  and  collect  a  special  tax  on  the  owners  or 
ho  ders  0  tlfe  lots  on  any  street,  alley  lughway  or  thor- 
oulhfarc'  or  part  of  any  street,  alley,  highway  or  thorough- 
fare according  to  their  respective  fronts  owned  or  held  by 
them  for  the  'purpose  of  carrying  out  the  power  granted 
bv  the  first  and  second  sections  ot  this  act. 

HI      The  city  council  are  hereby  authorized  and  em- 

■potered  to  make  all  necessary  ordinances  ior  the  purpose 

of  Tuny  carrying  out  the  power  herein  granted,  not  incon- 

^^^f  5- "This  tt  to  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  February  9,  lao.>. 


ili'.ke  onlinancos 


i„  ,-0,-ce  F>1>.  IK  AN  ACT  to  incorporate  the  Chicago  Philharmonic  Society. 

Section  1.     Be  it  enacted  by  the  people  qf  ^^^'^^J'f 
mtwTs    7lpresented  in  the   General  .assembly,  Th^t  the 
.  fr  performing,  members   of  the    Chicago   Philharmonic 
^^^.Inr^^^^^^^^^^lfpersons  who  shall  hereafter  become  asso- 
ciate?; ith  themes  male  performing  members   ai.  hereby 

constituted  a  body  politic  and  ^«^'P°^'f '„^>  !^^^  "Xt 
of  "The  Chicago  Philharmonic  Society,  and  by  that 
o  !n  h«vP  nernetual  succession,  with  power  to  make, 
Geuprai  powers,  name  shall  lia\e  perpctudi  au^  ,  .,  '  ^  f  „i^„,.  j.^a  rg- 
!>ave  and  use  a  common  seal,  and  the  same  to  altei  and  re 
iew  at  pleasure;  to  contract  and  be  contracted  with,  sue 
!  nibe  sued  implead  and  be  impleaded,  answer  and  be  an- 
swered unto  in  all  courts  of  competent  jurisdiction;  ad 
lall  have  all  other  powers  and  privileges  necessary  to  ful- 
fil the  obiccts  of  their  incorporation.  ,,,,,.      • 

Tl  The  objects  of  said  corporation  shall  be  the  im- 
provement of  its  members  in  the  theory  and  practice  of 
musTc  the  establishment  and  maintenance  ot  a  library  of 
wo  -ks  refating  to  the  science  of  music,  the  purchase  and 
Ts  rvatfon  of  musical  instruments  for  the  use  of  the  so- 


^41  1853. 

ciety,  the  procuration  of  lectures  on  matter  relatino-  to 
musucal  art,  and  the  holding  of  public  rehearsals  or  ?on- 

§  3.     The  officers  of  said  corporation  sliall  !)e  a  i)resi- <  .v.r.. 
dent  and  vice  pi^esident,  secretary,  treasurer,  librarian  and 
toui  directors.     They  shall  be  chosen  annually,  by  ballot  by 

the  male  performing  members  of  the  corporation,  and  the  per- 
sons receiving  a  majority  of  the  votes  of  the  members  ,,resent 
shall  be  declared  elected,  and  shall  hold  their  respective 
oHices  tor  one  year,  or  until  their  successors  shall  be  an- 
pointed.  The  above  named  officers  shall  compose  the  board 
01  directors. 

fj    ^'    fl'^''r^'^i'r^  ^f   ""''  ^""'^'^^  ^^"*^^"^§  °^t^^^   corpora- -Ann„M.K.,ni, 

tion  on  the  first  Monday  in  May  in  each  and  every  year 
for  the  election  of  officers,  hearing  the  reports  of  the  trea- 
surer and  board  of  directors,  and  the  transaction  of  all  other 
necessary  business. 

§  5.     Said  corporation  shall  have  the  power  to  define  the  Bv.,a.s. 
duties  of  its  officers,  appoint  such  committees  and  adopt   ' 
such  by-laws  as  may  be  necessary  for  its  government,  the 
management  of  its  concerns  and  the  fulfilment  of  its  objects 
and   shall  be   competent,  in  law  and   equity,  to  take  to  it- 
self  in  Its    corporate  name,  real,   personal  or  mixed  pro- 
perty, by  gift,  grant,  bargain  and  sale,  conveyance,  will, 
devise  or  bequest,  of  any  person  or  persons  whomsoever 
and  the  same  estate  to  grant,  bargain,  sell,  convey  and  de- 
vise, let  or  place  out  at  any  interest  or  otherwise  dispose 
ot  the  same  tor  the  use  of  said  corporation,  in  such  manner 
as  shall  seem  most  beneficial  thereto. 

§   6.      Said  corporation  may  require  bond  and  satisfac- Trca.u.r. 
tory  security  of  its   treasurer  for  the  faithful  performance 
of  Ins  duties  as  such  officer. 

§_  7.  The  constitution  and  by-laws  now  adopted  by  said  Constuu 
society  shall  continue  in  force  until  the  next  annual  meet-  ''-"'^" 
ing  of  said  society  after  the  passage  of  this  act :  and  ail 
personal  property  and  effects,  of  whatever  kind  or  descrip- 
lon  now  held  by  said  society,  or  any  person  or  persons  in 
tnist  theretor,  shall,  by  virtue  of  this  act,  vest  in  and  be- 
come the  property  of  the  corporation  hereby  created,  and 
may  be  sued  for  and  recovered  in  the  name  of  said  cor- 
poration. 

§  8  The  society  hereby  incorporated  shall  have  pow-  Roai  eta 
cr  and  authority,  and  are  hereby  authorized,  to  jjurchase 
real  estate  or  other  property  in  the  city  of  Chicago,  not 
exceeding  the  capital  stock  created,  at  such  times 'as  may 
be  determined  by  the  board  of  directors  aforesaid,  for  the 
purpose  of  erecting  necessary  buildings  ior  the  permanent 
occupation  of  the  society-library  room,  lecturi  and  con- 
cert  hall. 


tion 


1853. 


342 


„  ,      5   9.     For  the  purpose   of  purchasing   such   real  estate 
,iock.  and  erecting  such  permanent  buildings  as  aforesaid  there- 

on, the  said'  board  of  directors  are  hereby  authorized  and 
empowered,  at  such  times  as  they  may  think  proper  by  res- 
olution to  that  effect  entered  upon  the  record  ot  their  pro- 
ceedings, to  create  a  capital  stock  of  tw^-nty  thousand  dollars, 
divided  into  shares  of  fifty  dollars  each,  with  the  privilege 
at  anv  time  thereafter  of  increasing  the  same  to  htty  thou- 
sand "dollars,  if  such  amount  shall  by  them  be  deemed 
needed  for  the  purposes  aforesaid,  upon  publishing  twenty- 
five  days'  notice  of  such  resolution  in  one  of  the  daily  news- 
papers printed  in  the  city  of  Chicago  ;  at  the  expiration  of 
which  time  books  shall  be  opened  for  the  subscription  of 
said  stock  at  the  library  rooms  of  the  society  by  the  then 
existing  board  of  directors,  who  are  hereby  constituted  a 
commiUee  to  open  said  books  and  solicit  subscriptions  to 
said  stock;  and  the  same  shall  be  payable  in  such  instal- 
ments and  at  such  times  and  subject  to  such  forfeitures  as 
shall  be  prescribed  by  said  board  of  directors. 

8  10.  After  all  said  capital  stock  so  created  as  afore- 
M-.^.m.<^Mock-  ^j^^  ^j^^^j  j^^^^  ^^^^^  subscribed,  a  meeting  of  all  the  stock> 
holders  and  male  performing  members  of  the  society  shall 
be  called  by  the  said  slock  committee,  who  shall,  at  the  time 
of  sucli  meeting,  from  each  subscriber  of  stock,  [require]  a 
payment  of  five  dollars  in  cash  on  each  one  hundred  dol- 
lars of  stock  subscribed  for  by  him  ;  and  a  new  election  of 
officers  shall  then  take  place,  who  shall  hold  their  offices 
KUctoi..  until  the  next  and  ensuing  regular  election  ;  and  at  such 
election,  and  all  elections  thereafter  held,  each  male  per- 
forming member  of  the  society  shall  be  entitled  to  one  vote, 
and  each  stockholder  to  one  vote  for  each  and  every  share 
of  stock  ho  may  hold,  and  a  majority  of  all  the  votes  cast 
shall  be  required  to  make  an  election  :  Provided,  that  no 
stockholder  shall  be  entitled  to  vote  at  such  elections  who 
may  be  in  arrears  for  his  payment  of  the  instalment  requi- 
red or  called  for  on  his  stocl'f  ;  and  no  member  of  the  soci- 
ety shall  vote  unless  he  has  first  paid  up  his  regular  dues 
to  the  society.  -,1*1 

§  11.  As  soon  as  all  of  said  stock  is  subscribed,  tlie 
said  board  of  directors  shall  have  power  to  borrow  any  sum 
or  sums  of  money,  not  exceeding  the  amount  of  said  capital 
stock,  to  secure  the  early  completion  of  said  buildings,  and 
for  this  purpose  they  are  hereby  authorized  to  issue  bonds 
therefor  and  and  pledge  all  property,  real  or  personal, 
owned  by  said  societv,  for  the  repayment  thereoi. 

§  12.  This  act  sliall  be  a  public  act,  and  as  such  shall 
be  received  in  all  courts,  and  receive  a  construction  lavor- 
able  to  the  accomplishment  of  its  objects. 


BoiT'jw   money. 2 


343  1853. 

§  13.  Persons  not  stockholders  may  become  members, 
on  sucli  conditions  as  the  board  of  directors  may  iVom  time 
to  time  deteriiiine. 

§  14.  After  payment  of  all  expenses  of  the  society  in  DivRicn.iy. 
keeping  up  the  library  room,  lecture  and  concert  hall,  in 
such  manner  as  the  board  of  directors  shall  think  proper, 
and  after  said  buildings  are  erected  for  the  use  of  tin-  so- 
ciety, then  the  overplus  arising  from  the  rents  or  jjrofits  of 
any  such  real  estate  or  buikiirigs  owned  by  the  society,  or 
purchased  or  erected  as  aforesaid,  shall  be  divided  annu- 
ally pro  rata  among  the  stockholders  of  said  society  ac- 
cording to  tiie  arnouut  of  tiie  stock  held  by  them  respec- 
tively. 

§    i5.   This  act  shall  take  effect  from  and  after  its  passage. 

Approvkd  February  11^  1853. 


AN  ACT  to  incorporate  the   Gni.idy   and    Kendall  Plank  Road  Compan}-.  in  lore. 

Wiiereas  the  public  interest  seems  to  demand  that  a  plank  Preamb: 
road    i,e    built    and    put  in   operation   from    Morris,    in 
Grundy   county,   to   Lisbon,  in  Kendall   county,  which 
may  extend  fiom  Morris  in  a  southerly  direction,  and  in 
a  norther!}'    direction   from   Lisbon.     And   whereas    the 
general  laws  of  this  state  are  not  such  as  to   enable  the 
persons  interested  to  accomplish   the   objects  they  have 
in  view,  by  means  of   an  association    formed   under  the 
general  laws  of  this  state,  therefore  : 
Section   1.     Be   it  enaded  by  the  people  of  the  state  of 
Illinui^,  represented  in  the  General  Jissembly,  That  all  such  Body 
persons    as   shall   become    stockiiolders    acording  to  the  '^"•' !" 
provisions  of  this  act,  in  the    corporation  hereby  created, 
shall  and  for  the  term  of  fifty  years  from  and  after  the  or- 
ganization thereof,  as  in  this  act   provided,  shall  continue 
to  be  a  body  politic  an  1  corporate,  under  the  name  of  "The 
Grundy  and  Kendall  Plank    Road  Company,"  and  by  that 
name  may   sue   and    be    sued,    plead    and    be   impleaded.  General 
answer  and  be  answered  unto,  in  ail  courtsof  law  and  equity; 
may  make  and  use  a  common  seal,  and  the  same  alter  and 
renew  at  pleasure  ;  may   purchase,  hold    and    convey  real 
estate  ;   may  make    by-laws,  rules  and  regulations  for  the 
government  of  said   corporation,  and   the    otHcers  thereof, 
and  the  same  alter   or  repeal  at   pleasure  :   Provided^   the 
same  be  not  inconsistent   with  the    constitution  or  laws  of 
this  state  or  the  United  States. 

§   2.   Said  c  irporation  shall  have   power  to    construct,  Powc- 
maintain  and  continue  a  plank  road,  of  such  width  as  the  ^'""^'' 


1853. 


344 


f.'oniiuissiotors, 


Antis 
Atherton  : 


John  P.  Chapin, 
ire  hereby  named 


V  liv  1-  locUs. 


directors  thereof  may  determine,  on  such  route  as  shall  be 
by  them  selected,  from  the  town  of  Morris,  in  Grundy  coun- 
ty, to  north  line  of  said  county,  and  the  same  to  extend  to 
any  point  on  the  Fox  river,  in  Kendall  county,  which  they 
mav  deem  expedient.  Said  corporation  are  hereby  author- 
ized and  empowered  to  construct  a  plank  road  in  a  south- 
erly direction  from  said  town  of  Morris  to  the  south  line 
of  said  county  of  Grundy,  and  to  construct,  maintain  and 
continue  branches  of  said  road  in  such  direction  as  the 
public  convenience  may  seem  to  require,  and  as  said  cor- 
poration shall  deem  expedient. 

5   3.     Eugene   Stanberry,  John 
Colquhan   Grant  and  B.    M. 

and  constituted  commissioners,  any  three  of  whom  may 
open  books  for  receiving  subscriptions  to  the  stock  of  said 
corporation.  A  majority  of  said  commissioners  shall  deter- 
mine the  times  and  places  of  opening  said  books,  and  the 
notice  to  be  given  thereof;  they  shall  determine  the  manner 
in  which  such  subscription  shall  be  made  and  secured,  re- 
quiring such  security  at  the  time  of  subscribing  as  they 
shall  deem  necessary.  Atleast  five  per  cent,  upon  ail  sub- 
sciiptions  of  stock  shall  be  paid  at  the  time  of  subscribmg 
for  the  same;  and  all  stock  in  said  corporation  shall  be 
considered  personal  property. 

§  4.  The  affairs  of  said  corporation  shall  be  managed 
"by  five  directors,  who  shall  hold  their  offices  for  one 
year  and  until  their  successors  are  elected— one  of  whom 
shall  be  bv  them  appointed  president  of  the  board.— 
Said  directors  shall  appoint  a  secretary  of  said  corporation, 
and  such  other  officers  and  agents  as  tliey  may  deem  ne- 
cessary and  proper  for  the  advancement  of  the  interest  of 
said  corporation'.  The  first  board  of  directors  shall  be 
elected  by  ballot,  each  share  of  stock  entitling  its  owner 
to  one  vote,  which  may  be  given  either  in  person  or  by 
proxy.  The  first  election  for  directors  shall  be  held  withm 
one  week  after  books  for  subscription  of  stock  shall  have 
been  closed  by  said  commissioners,  but  said  books  shall 
not  be  closed  until  stock  to  the  amount  of  five  thousand 
dollars  have  been  subscribed  and  taken.  Notice  of  the  time 
of  closing  said  books  and  the  election  of  directors  shall 
be  friven'^in  such  manner  as  the  commissioners  mentioned 
in  the  third  section  of  this  act,  or  a  majority  of  them,  shall 
direct.  Said  directors,  at  least  thirty  days  before  the 
expiration  of  their  term  of  office,  shall  cause  their  secre- 
tary to  give  notice  of  the  time  and  place  of  holding  the 
annual  e'lection  for  the  election  of  their  successors. 

^  5.  Immediately  after  the  organization  of  the  board 
of  directors  as  provided  in  this  act,  the  commissioners 
aforesaid  shall  deliver  to  them  all  books,  moneys,  papers 
and  other  property  belonging  to  said  corporation. 


345  1853. 

^  4.  The  plank  road  herein  contemplated  shall  be  first 
tominenced  at  the  town  of  Morris,  as  near  the  court  house 
as  the  directors  may  think  most  advantageous,  and  shall  be 
constructed  in  a  northerly   direction,  and  when   said  road 

(shall  have  been  constructed  so  far  northwardly  as  the  direc- 
tors may  deem  advisable,  not  exceeding  twenty  miles,  then 
said  corporation  may  proceed  to  construct  the  same  in  a 
southerly  direction,  commencing  as  aforesaid,  and  continu- 
ing the  same  on  the  most  eligible  route  to  such  poir.ts  on 
the  south  line  of  said  county  of  Grundy,  or  to  such  inter- 
mediate point  as  they  may  deem  advisable. 

§  7.  The  stock  of  said  corporation  shall  consist  of  eight  capital  stock. 
hundred  shares  of  fifty  dollars  each,  and  the  portion  thereof, 
if  any,  that  shall  not  be  subscribed  for  on  said  commis- 
sioners' books,  shall  be  disposed  of  in  such  a  manner  and 
at  such  times  as  the  directors  may  determine  according  to 
the  interest  of  the  corporation;  and  should  a  greater  amount 
of  stock  be  required  for  the  purposes  contemplated  in  this 
act,  tiie  said  directors  are  hereby  authorized  to  increase 
said  capital  stock  to  any  sum  not  exceeding  seventy-five 
thousand  dollars,  which  shall  be  divided  into  shares  of  fifty 
dollars  each,  as  aforesaid.  Said  directors  are  hereby  au- 
thorized to  borrow  money  for  the  purpose  of  construction 
of  said  roads,  or  either  of  them,  to  an  amount  not  exceeding 
one-half  the  amount  of  the  capital  stock  subscribed,  at  a 
rate  of  interest  not  exceeding  ten  per  cent,  per  annum, 
and  to  secure  the  payment  thereof  by  mortgage  of  the 
road  or  by  sale  of  bonds  of  the  corporation,  to  be  exe- 
cuted in  such  manner  as  the  directors  shall  determine, 
or  by  any  otiier  means  legally  in  the  power  of  said  corpora- 
tion :  Provided^  that  fifty  per  cent,  of  all  stock  securities 
shall  first  be  paid  to  said  corporation. 

§  8.  Said  corporation  shall  have  power  to  bridge  all  uuiid bridges, 
streams  and  sloughs  intervening  in  the  construction  of  their 
said  road,  to  embank  and  grade  the  same,  to  erect  toll- 
gates,  toll-houses  and  all  other  fixtures  necessary  and  pro- 
per for  carrying  into  effect  the  full  purpose  and  interest  of 
this  act,  and  may,  moreover,  enter  upon  and  take  any  part 
of  any  state  or  county  road  over  which  said  plank  roadj  or 
its  branches,  may  be  laid,  and  also  any  land  belonging  to 
the  state  or  any  person  or  persons  whatsoever,  and  use  the 
same  for  said  road  or  any  appendage  thereof,  and  may  take 
earth,  stone,  timber  or  any  materia],  or  any  lands  most 
convenient  to  said  road  or  its  appendage  :  Provided^  that 
all  damages  for  right  of  way  or  materials  taken  shall  be 
ascertained  and  paid  according  to  the  provisions  of  an  act 
entitled  "An  act  to  amend  the  law  condemning  the  right  of 
way  for  purposes  of  internal  improvement,"  approved  June 
22,  1852. 


1853. 


346 


§  9.  When  two  miles  of  said  road  shall  liave  been  com- 
pleted, said  corporation  may  erect  a  toll-gate  thereon  and 
collect  tolls  from  all  pi  rsions  traveling  thereon.  In  cliarg- 
ing  and  collecting  tolls  on  said  road,  said  corporation  shall 
be  governed,  in  all  respects,  by  the  rates  established  in  and 
by  an  act  entitled  "An  act  to  ])rovide  for  t'e  con^tnicUon 
of  plank  roads  by  a  general  law,"  approved  February  12, 
1849. 

§   10.     The  corporation  hereby  created  shall  have  pow- 
er, whenever  they  shall  deem  it  expedient   so  to  do,  after 
the  completion  of  five  miles  of  their  road  on  the  south  side 
of  the  Illinois  river,  to  erect  a  toll-bridge,  or  to   establis':: 
and  keep  a  ferry  across  the  Illinois  river  at  said  town  of  Mor- 
ris, and  shall  have  the  right  to  charge  and  collect  such  rates  *i 
of  toll  or  ferriage  for  crossing  the  same  as  are  now  charged  i 
and  collected  for  ferriage  at  said  town  :  Provided,  that  said  I 
corporation  shall,  at  all  times,  be  prepared  with  the  means: 
of  a  speedy,    safe  and   convenient   crossing  of  said   river, , 
and  shall  keep  constantly  employed  a  sufficient  nr.mber  off 
active  and  skillful  hands  to  facilitate  said  crossing. 

§  11.  If  any  person  or  persons  shall  willfully  do  or  cause 
to  be  done  any  act  or  acts  whatever,  wiiereby  any  boat, 
building,  bridge,  embankment,  road  or  work  of  said  cor- 
poration shall  be  obstructed,  impaired,  weakened,  injured 
or  destroyed,  the  person  or  persons  so  offending  shall  for- 
feit and  pay  to  said  corporation  treble  the  amount  of  dam- 
ages sustained  by  reason  of  such  injury,  which  may  be 
recovered  in  the  name  of  said  corporation,  before  anv  jus- 
tice of  t[)e  peace,  when  the  damages  claimed  are  less  than 
one  hundred  dollars,  orin  any  court  of  competent  jurisdic- 
tion within  the  state,  by  action  of  debt,  with  costs  of  suit  ; 
but  nothing  herein  contained  shall  be  a  bar  to  the  piosecu- 
tion  and  punishment  of  offenders  under  the  criminal  laws 
of  this  state. 

§  12.  Said  corporation  shall  establish  an  office  in  the 
manner  ])ro\'ided  in  said  act  entitled  "An  act  to  provide 
for  the  construction  of  plank  roads  by  general  law,"  and 
all  service  of  process  upon  said  corporation  shall  be  a 
made  as  provided  in  said  act. 

§  13.  Tins  act  is  hereby  declared  to  be  a  public  act, 
and  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

Approved  February  10,  1853. 


347  1853. 

AN  ACT  (o  incorporate  the  Wilinington  Bridge  Company.  In  forco^Fob.  iJ. 

Section  1.  Be  il  enacted  h>j  the  people  of  the  stale  of 
7uwi,.  represented  in  the  General  .'bscmbly,  Tliat  Albert  Body^.^covporat- 
\  "  veil  and  his  associates,  his  and  their  heirs  and  as- 
e  and  they  are  hereby  constituted  and  declared  a 
ou^  -.urporate  and  ];olitic,  by  the  name  and  style  of  "Tlie 
Bminolon  Bridge  Company,"  lor  the  purpose  of  erecting 
m  nuimtaining  a  bridge  across  (he  Kankakee  river,  at 
iluiington,  in  Will  county,  and  by  that  name  and  style 
Rd  Aluert  W.  B..wen  and  his  associates,  his  and  their  as- 
Wns  onJ  successors,  ar<,-  liereby  made  as  capable  in  law  as 
atuia!  persons  to  contract,  to  be  contracted  with,  to  sue  General  powers. 
ad  be  sued,  implead  and  be  impleaded,  in  all  courts  of  law 
ud  equity;  to  make  and  use  a  common  seal,  to  alter  the 
ame  at  pleasure,  and  generally  to  do  and  execute  all 
latters  and  things  which  a  body  corporate  or  politic  or  an 
idiMdual  could  or  may  lawfully  do;  and  said  company 
hall  be  capable  of  purchasing,  holding  and  conveying  any 
state,  real  or  personal,  that  may  be  necessary  to  enable 
aid  company  to  accomplish  the  objects  of  this  cor])oration 
,s  above  expressed;  and  th  >  stock  of  said  company  shall 
»e  deemed  and  considered  personal  property. 

§  '>.  The  ca{)iial  stock  of  said  comjjany  shall  be  ten  capttai  stock. 
housand  dollars,  but  may  be  increased  to  twenty  thousand 
lollars  should  the  directors  of  said  company  deem  such 
ncrease  necessary,  for  the  purpose  of  erecting  and  main- 
:aining  said  bridge  ;  ai.d  said  capital  stock  shall  be  divided 
nto  shares  of  ten  dolUrs  each.  And  the  said  Albert  W. 
Bovven  is  liereby  authorized  and  empowered  to  open  or 
cause  to  be  opened  the  books  for  subscription  at  such  time 
and  place  as  he  may  deem  proper. 

§"3.  Whenever  the  amount  of  three  thousand  dollars  choose  directors, 
of  tlie  capital  stock  of  said  company  shall  have  been  subscri- 
bed, saiu  Bowen  may  call  a  meeting  of  the  stockholders  at 
Wmniiigtcn  aforesaid,  by  posting  up  written  or  printed  no- 
tices of  the  time  and  place  of  holding  such  meeting  at  Wil- 
miiigion,  in  three  public  places,  at  least  ten  days  before  the 
tinie^  of  holding  such  meeting,  for  purpose  of  choosing 
three  directors  of  said  company. 

§  4.  At  the  time  of  such  meeting  the  stockholders  ^^'allr^^e^ident^^  »na 
choose  a  president  and  secretarv  from  among  their  num- 
ber, and  shall  th.en  elect  by  ballot  three  of  their  members 
as  directors,  who  shall  hold  their  office  for  one  year  and 
until  their  successors  shall  be  chosen  ;  and  at  all  elections 
for  directors  each  stockholder  shall  be  entitled  to  one  vote 
lor  each  and  every  share  of  stock  owned  by  such  stock- 
i  holder,  which  may  be  cast  by  such  stockholder  in  person 
or  by  proxy  duly  authorized  ;  and  an  election  for  three  di- 
I  rectors  shall  be  holden  annually  after  the  first  election,  no- 


1853.  348 

tice  of  which  shall  be  given  by  the  secretary  of  said  con 

pany  by  publication  in  some  newspaper  at  Wilmington    c 

most  convenient  thereto,  at  least  thirty  days  previous'  t 

the  time  of  such  election. 

omce...  §  5.     Said  directors,  when  chosen,  shall  choose  one  < 

their  number  president,  and  they  shall  have  power  to  choos 

a  secretary  and  treasurer  and  all  such  other  officers,  agenl 

and  laborers  as  they  may  deem  necessary  and  proper,  an 

to  prescribe  all  necessary  by-laws,  rules  and  regulation 

tor  the  government  of  said  company,  and  its  officers  an 

agents,  which  shall  not  be  inconsistent  with  the  con<^titutio 

and  laws  of  the  United  States  or  of  this  state. 

Time  Of  construe-      §   6.     Said  Company  shall  commence  said  bridge  with! 

two  years,  and  complete  the  same  within  four  years  fron 

the  passage  of  this  act,  and  may  locate  the  same  upon  an. 

from  any  of  the  public  streets  of  said  town  of  Wilminatoi 

to  the  opposite  bank  of  the  Kankakee  river,  and  may''u<5. 

so  much  of  such  street  as  shall  be  necessary  for  thp  build 

mg  said  bridge,  and  making  a  good  and  sufficient  passa-. 

to  and  from  the  same.     And  also,  said  company  is  autho?i" 

zed  and  empowered  to  obtain  the  right  of  wav  at  and  fron; 

the  west  end  of  said  bridge  to  any  public  I'oad  or  road, 

necessary  for  the  use  of  said  bridge,  either  by  purchase  or 

in  manner  prescribed  by  law  for  obtaining  the  rio-ht  of  wa^ 

lor  public  roads,  canals,  railroads  or  other  public  works 

Toll-gates.  9/-     ^aid  company  is  hereby  authorized  and  emj)ow. 

ered,  after  the  completion  of  said  bridge,  to  place  a  toll.: 

gate  and  toll-liouse  it  either  or  both  ends  of  said  brid<re, 

(so  as  not  to  obstruct  the  passage  to  and  from  the  sam?," 

and  to  Qemand  and  receive  for  passing  over  the  same  th('l 

lutcoftoii.      lolloping  rates  of  toll,  viz:  For  each  two  horse  warron.* 

carnage  or  other  vehicle  drawn  by  two  horses  or  otheA-nJ 

iraals,  twenty-five  cents;  and  for  each  additional  animal 

such  team,  five  cents  ;  and  for  an  additional  wagon  atta> 

ed  thereto,  five  cents;  for  each  one  horse  wagon,  carriacr^ 

or  other  vehicle  drawn  by  one  horse  or  other  animal,  m 

teen  cents  ;  for  eacli  horse  or  other  animal  and  rider,  ten 

cents  ;  for  each  head  of  horses,  mules,  asses  or  cattle  un. 

der  and  to  tiie  number  of  twenty,  not  driven  in  a  team  or 

teams,  three   cents  ;   and   for   all   over   twenty,  two  cents 

eacli ;  tor  each  head  of  swine  or  sheep,  one  cent :  Provided. 

said  company  may  double  the  above  rates  of  toll  after  nine 

""  f  "o  "i  *!^.^  ^''^"^"-  ^"^  '^^^''^'^  ^^y^^S'^t  i"  the  morning.: 
^8.  Said  company  shall  at  all  times  after  the  comple- 
tion of  said  bridge  keep  the  same  in  good  order  and  repair, 
with  a  safe  and  convenient  passage  to  and  from  the  sam; ,' 
unless  the  same  shall  be  carried  away  or  injured  by  hi^rh 
water  or  other  casualty,  and  then  '  the  same  shall  be 
speedily  rebuilt  or  repaired,  and  shall  allow  a  speedy  pas- 


349  1853. 

jlge  over  the  same  during  the  continuance  of  this  act,  which 
liall  be  fifty  years. 

A  9.     If  any  person  or  persons  shall  willfully  do  or  cause  offemurs. 
■  '  -  done  any  injury  to  said  bridge  or  its  abutments,  piers, 
enances  or  the  passage  or  passages  to  or  from  the 
...    ,  such  person  or  persons  so  offenc'ing   shall  be  liable 
) }  iiy  to  5'aid  company  not  less  than  twice  the  amount  of 

u  !  iijury,  and  not  more  than  five  times  the  amount  of 
.jury,  which  may  be  recovered  in  an  action  of  debt 
!  name  of  said  company  before  any  justice  of  tiie  peace 
laviiuT  jurisdiction  of  the  amount,  or  by  indictment  in  the 
lire  nit  courts  in  the  name  of  the  people  of  the  state  of  lili- 
lois  ;  and  on  conviction  under  indictment  such  person  or 
lersons  shall  also  be  liable  to  imprisonment  not  exceeding 
hree  months,  and  to  pay  the  costs  of  prosecution  in  all  ca- 
!es  where  judgment  or  conviction  shall  be  had  against  such 
lerson  or  persons. 

§  10.  Any  person  or  persons  crossing  said  bridge  with  penalties. 
iny  beast  or  animal  faster  than  a  walk  shall  forfeit  and  pay 
io  said  company  five  dollars,  which  may  be  recovered  in 
m  action  of  debt  before  any  justice  of  the  peace  or  other 
)fficer  having  jurisdiction  thereof:  Provided,  said  compa- 
ly  shall  keep  up,  at  each  end  of  the  bridge,  in  some  con- 
spicuous place,  notice  to  that  effect  in  large  letters. 

§   11.     Said  company  shall  have  power  to  borrow  mon- R^new  i; 
iy,  not  exceeding  one-half  the  amount  of  their  capital  stock, 
"or  the  purpose  of  building  said  bridge  or  keeping  the  same 
n  repair,  and  may  mortgage  said  bridge  and  its  tolls  for 
that  purpose  and  for  no  other  purpose. 

^  12.  Said  company  are  hereby  authorized  and  em-  ymy. 
powered  to  establish  and  maintain  a  ferry  across  said  Kan- 
kakee river,  at  or  near  the  place  of  building  said  bridge, 
during  the  building  of  said  bridge,  and  whenever  it  shall 
be  necessary  to  rebuild  or  repair  the  same  under  the  pro- 
visions of  this  act,  and  to  demand  and  receive  the  same 
rates  of  toll  for  crossing  the  same  as  are  prescribed  in  sec- 
tion   of  this  act. 

Approved  February  12,  1853. 


AN  ACT  to  amend  an  act  entitled  <-An  act  to  incorporate    !!ie  town  oi' ^n  i^r^e  p^,,. 
Lacon,"  and  for  other  purposes.  1S53. 

Section  1 .     Be  it  enacted  by  the  people  of  the  state  of  Illi- 
nois, represented    in    the    General    .Assembly,    That  the  ,,„„,  „.^^.,^^ 
boundaries  of  the  town  of  Lacon,  in  the   county  of  Mar- 
I  shall,  be  as  follows  :   commencing  on  the  Illinois  river,  on 


1863. 


350 


the  township  line  between  townships  twenty-nine  and  thir 
nortii,  of  range  three,  west  of  the  third  principal  meridiai 
and  running  thence  east  along  said  township  line  to  tl 
centre  of  section  thirty-six  in  townsliip  thirty  north, 
range  three,  east  of  the  third  principal  meridian;  thenc 
north  along  the  centre  of  said  section  to  the  north  line 
the  same,  thence  east  one-fourth  mile,  thence  north  thrc^ 
fourths  of  a  mile,  thence  west  one-fourth  of  a  mile,  tltenc 
north  one-fourtii  mile,  thence  west  to  the  Illinois  rive 
thence  southward  along  said  river  to  the  place  of  beginning 
to  §  2.  That  the  president  and  trustees  of  said  town  ar 
hereby  authorized  to  purchase  of  the  proprietors  therec 
all  or  any  part  of  the  lands  in  front  of  said  town  and  ly 
ing  between  Water  street  and  the  Illinois  river,  and  to  li 
up  the  same,  and  erect  wharfs  and  streets  thereon,  and  t 
lay  the  same  out  into  lot?,  streets  and  alleys,  and  tj  hoi,' 
the  same  in  fee  simple,  and  to  sell  and  to  convey  tiio  sam'l 
at  pleasure  to  any  person  or  persons;  or  the  said  prt  sideii' 
and  trustees  may,  in  their  discretion,  enter  into  an  iirrangC' 
ment  or  contract  with  the  owners  of  said  beforoiamei 
land,  or  any  part  thereof,  to  fill  the  same  up,  or  any  par 
thereof,  which  said  contract,  duly  signed  by  the  j)residen' 
and  clerk  of  the  board  and  the  owner  or  owners  of  sai(' 
land,  shall  be  valid  and  binding  in  law. 

§  3.  That  said  president  and  trustees  of  said  town,  t( 
enable  them  to  carry  into  effect  the  provisions  of  this  act 
shall  have  power  to  borrow  any  sum  of  money  not  exceed 
ing  twenty  thousand  dollars,  at  a  rate  of  interest  not  ex 
ceeding  ten  percent,  per  annum,  which  said  interest  shal 
be  payable  annually.  Slid  bonds  shall  be  payable  withii 
twenty  years  from  the  time  of  the  issuing  thereof,  andslial 
be  in  sums  of  not  less  than  five  hundred  dollars  ;  whicl 
said  bonds  shall  be  signed  by  the  president  and  attested  b; 
the  clerk. 

§  4.  It  shall  be  the  duty  of  said  president  and  trustee; 
of  said  town,  if  the  ordinary  corporation  tax  oi  said  towr' 
shall  be  insullicien!:  for  that  purpose,  to  levy  a  special  taj 
upon  all  the  property,  real  and  personal,  within  the  iimiti 
of  said  town,  for  the  purpose  of  paying  the  interest  upoi 
said  bonds  by  them  issued  under  and  by  virtue  of  the  pro^, 
visions  of  this  act,  and  to  provide  by  tax  or  the  sale  o 
said  lands  by  them  filled  up  for  the  payment  of  the  prin- 
cipal when  due. 

§  5.  Said  president  and  trustees  shall  not  have  powe) 
by  this  act,  or  the  act  to  which  this  is  an  amendment,  t( 
lay  out  any  streets  or  alleys  through  any  land  within  tlu 
limits  of  said  corporation  used  for  farming  purj)oses,  nor 
shall  they  have  power  to  levy  and  collect  any  tax  for  cor- 


361  1853. 

'ioration  purposes  upon  any  land  used  for  fanning  ])urposes, 
inlt'ss  tlie  same  shall  be  laid  out  into  lots  or  out-lots  in 
|)aid  town. 

;  §  3.  This  act  shall  take  elFect  and  be  in  force  troni  and 
ijifter  its  passage. 

Approved  February  12,  1853. 


AN  ACT  to  incorporate  the  town  of  Nashville,  in  the  coanty  of  Wesh- In  force  Feb.  ti 
"^  ington.  ''^3- 

Section  1.  Be  it  enacted  by  the  people  of  the  state 
of  I/finuis,  represented  in  the  General  Assembly,  'i'hat 
ijthe  resident  inhabitants  of  the  town  of  Nashville,  in  Wash- 
'Wgton  county,  are  hereby  constituted  a  body  politic  and 
icorpnrdte,  to' be  known  by  the  name  of  ''The  President  style. 
]and  Trustees  of  the  Town  of  Nashville,"  and  by  that  name 
|shall  be  known  in  law  and  have  perpetual  succession,  may 
sue  and  be  sued,  plead  and  be  impleaded,  defend  and  be 
'defended,  in  courts  of  law  and  equity,  and  in  all  actions 
iand  matter  whatsoever  ;  may  grant,  purchase  and  receive,  General  powers 
and  hold  real  and  personal  property  within  the  limits  of 
said  town,  and  no  other,  (burial  grounds  excepted,)  and 
may  lease,  sell  and  dispose  of  the  same  for  the  benefit  of 
the  town,  and  may  have  power  to  lease  any  of  tiie  reserved 
lands  which  have  been  or  may  be  appropriated  to  the  use 
of  said  town,  and  may  do  all  other  acts  as  natural  persons; 
may  have  a  common  seal,  and  change  and  alter  the  same 
at  pleasure, 

§  3.     That  all  those  tracts  of  land  embraced  within  one  BomKiarbs. 
square  mile,  including  the  town  of  Nashville,  shall  be  in- 
cluded within  the  limits   of  said   incorporation  :   the  court 
house  in  said  town  to  be  the  centre  of  said  square  mile. 

§   3.     The   corporate  powers   and  duties   of  said  town  corporate  powe 
shall  be  vested  in  a  president  and  four  trustees,  who  shall 
form  a  board  for  the  transaction  of  business. 

§  4.  The  president  and  members  composing  the  board  Elections. 
of  trustees  shall  be  elected  annually,  on  the  first  Monday 
in  April,  to  serve  for  one  year,  and  until  others  shall  be 
legally  qualified  ;  they  shall  be  at  least  twenty-one  years 
of  ag'\  citizens  of  the  United  States,  and  shall  possess  a 
freehold  estate  within  the  limits  of  the  corporation.  Those 
persons  only  shall  be  qualified  to  vote  for  president  and 
trustees,  or  in  such  town  meetings  as  may  be  held  in  con- 
formity with  this  act,  who  possess  t!ie  requisite  quahfica- 
tions  to  vote  for  state  officers,  and  have  resided  within  the 
limit.-;  of  the  corneration  six  months  previous  to  such  elec- 
tions or  town  meetincrs. 


1853.  352 

Appoint  officers.  §  5.  The  boai'd  of  trustees  shall  appoint  all  officers  of 
their  board,  (th(-;  president  excepted,  who  shall  be  elected 
by  the  people,)  and  shall  be  the  judges  of  the  qualifications, 
elections  and  returns  of  their  members,  and  shall  have  pow- 
er to  fill  all  vacancies  in  the  board  occasioned  by  death, 
resignation  or  six  months'  absence  of  any  members  thereof. 
A  majority  sliall  constitute  a  board  to  do  business,  but  a 
smaller  number  may  adjourn  from  day  to  day,  may  com- 
pel the  attendance  of  absent  members,  in  such  manner  and 
under  such  penalty  as  the  board  may  provide ;  they  may 
determine  their  rules  of  proceedings,  and  make  such  other 
rules  and  regulations  for  their  own  government  as  to  them 
may  seem  expedient  and  proper. 
Special  meetings  §  6.  The  president  of  the  board  of  trustees  shall  have 
power  to  call  special  meetings  of  the  board  whenever  in  his 
judgment  the  public- good  may  require  it.  He  shall  have 
concurrent  jurisdiction  with  justices  of  the  peace  in  all 
civil  and  criminal  cases  arising  under  the  provisions  of  this 
act,  within  the  limits  of  the  corporation,  and  shall  receive 
the  same  fees  and  compensation  for  his  services. 
T-^^p,^  §   7.     The  board  of  trustees    shall  have  power  to  levy 

and  collect  taxes  upon  all  real  estate  within  the  town,  not 
exceeding  one  per  cent,  upon  tlie  assessed  value  thereof. 
Powers  uf  tnis- except  as  may  be  herein  excepted;  to  make  regulations  to 
secure  the  general  health  of  the  inhabitants  ;  to  prevent 
and  remove  nuisances ;  to  restrain  cattle,  horses,  sheep, 
swine  and  dogs  from  running  at  large  ;  to  establish  night  ) 
watches,  erect  lamps  in  the  streets,  and  lighting  of  the 
same  ;  to  erect  and  keep  in  repair  bridges  ;  to  license  and 
tax  merchants  ;  to  regulate  auctions,  taverns,  groceries 
and  pedlers,  theatrical  and  other  shows,  billiard  tables  and 
other  amusements  ;  to  restrain  and  prohibit  gaming  houses, 
bav/dy  houses,  and  other  disorderly  houses  ;  to  prevent 
the  shooting  of  fire-arms  within  the  limits  of  the  corpora- 
tion ;  to  establish  and  erect  markets ;  to  open  and  keep  in 
repair  streets  and  avenues,  lanes,  alleys,  drains,  sewers, 
and  keep  the  same  free  from  incumbrances  ;  to  establish 
and  regulate  a  fire  department ;  to  provide  for  the  preven- 
tion and  extinguishment  of  fires ;  to  dig  wells  and  erect 
pumps  in  the  streets  for  the  convenience  of  the  inhabitants, 
or  construct  aqueducts  to  supply  the  town  with  water;  to 
regulate  the  storage  of  gunpowder  and  other  combustible 
materials  ;  to  regulate  tlie  police  of  the  town  and  the  elec- 
tion of  town  officers,  to  fix  their  compensation ;  to  estab- 
lish and  enforce  quarantine  laws,  and  from  time  to  time  to 
pass  such  ordinances  to  carry  into  effect  tlie  provisions  of 
this  act,  and  the  powers  hereby  granted,  as  the  good  of  the 
inhabitants  may  require,  and  impose  and  appropriate  fines 
and  forfeitures  for  the  breach  of  any  ordinance,  and  to 
provide  for  the  collection  thereof;  and  that  in  cases  arising 


353  1853. 

under  the  provisions  of  this  act,  or  growing  out  of  the  by- 
laws and  ordinances  made  in  pursuance  of  this  act  of  in- 
corporation, the  president  of  the  board  of  trustees,  or  any 
justice  of  the  peace  within  said  incorporation,  shall  have 
jurisdiction  to  hear  and  determine  the  same,  and  an  appeal 
may  be  taken,  and  writs  of  certLrrari  allowed  from  such 
decisions  in  the  same  manner  as  now  is  or  may  hereafter 
be  provided  by  law  for  appealing  from  judgments  of  jus- 
tices of  the  peace. 

§   8.      The  board  of  trustees  shall  have  power  to  levy  a  Tax  im-  en.cii, 
tax  for  the  erection   of  school  houses  and  the   support  of  """"""  ^""' 
common   schools    within    said    corporation,    and    to    raise 
money  by  loan  on  the  credit  of  the  town,  for  commencing 
and  prosecuting  works  of  public  improvements  :  Provided.,  Proviso. 
kowcaer,  that  the  same  shall  be  submitted  to  a  vote  of  the 
citizens  of  the  town  and   approved  by  a  majority   thereof. 

ij  9.  That  upon  the  application  of  the  owners  of  two  speoai  tax. 
thirds  of  the  real  estate  upon  any  street,  block,  or  half 
block,  it  shall  be  lawful  for  the  board  of  trustees  to  levy 
and  collect  a  special  tax  on  the  owners  of  the  lots  on  said 
street,  block,  or  half  block,  according  to  their  respective 
fronts,  for  the  purpose  of  grading  and  paving  the  side- 
walks of  said  streets,  blocks,  or  half  blocks. 

§  10.  That  the  board  of  trustees  shall  have  power  to  nupiove  ..trcet 
regulate,  grade,  pave  and  improve  the  streets,  avenues, 
lanes  and  alleys  within  the  limits  of  said  town,  and  to  ex- 
tend, open  and  widen  the  same,  and  to  set  aside  and  ap- 
propriate sufficient  ground  for  a  square  for  a  market  and 
other  public  purposes,  making  the  person  or  persons  im- 
paired thereby  adequate  compensation,  to  ascertain  which 
the  board  shall  cause  to  be  summoned  twelve  good  and 
lawful  men,  freeholders  and  inhabitants  of  said  town,  not 
directly  interested,  who  being  first  duly  sworn  for  that 
purpose,  shall  enquire  into  and  take  into  consideration  as 
well  the  benefits  as  the  injuries  that  may  accrue,  and  esti- 
mate and  assess  the  damages  which  would  be  sustained  by 
opening,  widening,  or  extension  of  any  street,  avenue, 
lane  or  alley,  or  setting  aside  and  appropriating  ground 
for  a  market  square  or  other  public  purposes,  and  shall, 
moreover,  estimate  the  amount  which  other  persons  will 
be  benefitted  thereby,  who  shall  contribute  towards  com- 
pensating the  persons  injured  ;  all  of  which  shall  be  re- 
turned to  the  board  of  trustees,  under  their  hands  and 
seals,  and  the  person  or  persons  who  shall  be  benefitted 
and  so  assessed  shall  pay  the  same  in  such  manner  as  shall 
be  provided,  and  the  residue,  if  any,  shall  be  paid  out  of 
the  town  treasury. 

§   11.     That  tiie  trustees   shall   have    power  to  survey  survey  and  pi« 
and  plat  the  grounds  within  the  corporation  limits  and  re-  ^i-ouDds. 
cord  the  same,  which,  when  thus  surveyed,  platted  and  re- 
[X] 


18.^^. 


354 


Sale  for  taxes 


Real  estate 

owiie*)  by  tijwii. 


corded,  shall  be  a  governing  plat  for  town  rules  :  Provided, 
however^  that  this  shall  not  be  so  construed  as  to  give  the 
trustees  power  so  to  vary  from  the  established  plat  as 
thereby  to  effect  the  rights  of  private  individuals. 

§  12.  That  whenever  the  owners  of  any  lot  or  piece 
of  ground  within  the  limits  of  said  corporation  sliall  neg- 
lect or  refuse  to  pay  the  tax  or  taxes  levied  on  the  same, 
when  they  may  become  due,  it  shall  be  tlie  duty  of  the 
trustees  to  advertise  the  same  for  non-payment,  either  in  a 
newspaper  printed  in  said  town,  or  by  posting  in  tliree  of 
the  most  public  places  of  said  town,  for  the  space  of  sixty 
days,  and  on  further  failure  of  payment  thereof,  to  sell  at 
public  sale  said  lot  or  piece  of  ground  to  pay  said  taxes 
and  defray  the  expenses  of  collection. 

§  13.  All  ordinances  shall,  within  ten  days  after  their 
passage,  be  published  either  in  a  newspaper,  if  one  is  pub- 
lished in  the  town,  or  by  posting  in  three  of  the  most  public- 
places  in  said  town.  1 

6  14.  That  when  any  real  estate  in  said  town  shall  be 
sold  for  the  non-payment  of  taxes  by  the  authority  of  said 
corporation,  said  lands  may  be  redeemed  in  the  time  that 
other  lands  are  redeemed  by  virtue  of  the  laws  of  this 
state,  upon  paying  the  treasurer  of  the  board  double  the 
amount  of  taxes  for  w^  ch  the  same  was  sold,  together 
with  all  the  costs  accruing  on  such  sale.  Land  not  redeemed 
under  such  sale  shall  be  conveyed  by  special  warrantee  i 
deed,  under  the  seal  of  said  corporation.  I 

§  15.  The  officers  of  said  town,  in  addition  to  the  pres-  ' 
ident  nnd  trustees,  shall  consist  of  one  clerk,  one  street 
commissioner,  one  treasurer,  three  assessors,  one  town 
constable  and  collector,  one  town  surveyor,  and  sucli  other 
officers  as  the  trustees  of  said  town  may  deem  necessary 
for  the  good  of  said  town. 

§  16.  That  the  president  and  trustees  of  said  town 
shall,  whenever  they  may  deem  it  necessary,  order  the 
formation  of  fire  engine  companies,  and  hook  and  ladder 
companies  ;.  said  companies  to  contain  such  number  of 
members  as  the  trustees  by  their  ordinances  shall  direct. 

§  17.  That  all  lots  of  land  or  parcels  of  ground  in  said 
town,  or  whicii  have  been  conveyed  by  the  original  pro- 
prietors thereof,  or  other  persons,  to  tlie  inhabitants  of  said 
town,  in  their  aggregate  cajjacity,  or  to  any  person  or  per- 
sons in  trust  for  them,  or  for  their  use  and  benefit,  and  all 
funds  raised  or  to  be  raised  by  the  sale  of  donation  lots  or 
otlier\vise,  whether  for  the  erection  of  school  houses, 
academies  or  places  of  public  worship,  are  hereby  de- 
clared to  belong  to  and  to  be  vested  in  said  corporation, 
and  shall  be  under  the  direction  and  manngement  of  said 
trustees  and  their  successors,  and  applied  in  furtherance 
of  the  objects  intended  by  the  proprietors  or  donors  thereof; 


1853. 


355 

and  the  said  trustees  shall  have  power  to  institute  sni  -  ^  r  " 

the  recovery  of  every  or  any  such  lots  of  ground,  should 
It  be  necessary,  and  to  perfect  in  them  and  their  successors 
the  title  thereof,  or  to  make  such  other  adjustment  relative 
thereto  as  to  them  shall  seem  expedient  and  proper  :  Provi- 
ded, that  nothing  contained  in  this  act  shall  be  so  construed 
•  as  to  affect  institutions  already  incorporated  in  said  town. 

§    18.     That   it  shall   be  the  duty  of  the  board  of  trus-6ive   not,c<.    or 
tees,  in  such  manner  as  they  may  hereafter  provide,  to  o-ive  *"""  '"•'*'♦*"«■• 
notice  of  all   town  meetings    to    be   held,  whether  for^he 
election  of  trustees  or  any  other  purpose  arising  under  the 
provisions  of  this  act,  by  posting  the  same  in  three  of  the 
most  public   places  in  said    town,  and   stating   therein  the 
object  of  such  meeting  :   Provided,  however,  that  not  less  Proviso. 
than  three  days'  notice  of  such  meetings  shall  in  any  case 
be  given,  except  in  cases  of  emergency. 

§  19.  That  the  members  of  the  board  of  trustees  O"*^'- 
and  any  officer  of  said  corporation  shall,  before  enter- 
ing on  the  duties  of  his  office,  take  an  oath  or  affirmation 
before  some  judge  or  justice  of  the  peace  to  support  the 
constitution  of  the  United  States  and  of  this  state,  faith- 
fully to  discharge  the  duties  of  their  several  offices. 

§  20.     That  the  trustees  shall  have  power  to  divide  the  wara^. 
town  into  such  wards  as  to  them  sliall  seem  expedient  and 
proper  :   Provided,    that  no   stock    belonging   to    citizens 
without  the  boundaries  of  said  town  shall  be  hurt  by  the 
authority  of  said  corporation. 

V    §  21.     This  law  shall  be  deemed  a  public  act,  and  take 
Vffect  from  and  after  its  passage. 
\Approved  February  11,  1853. 


In  force   Feb.  8s 
1853. 


aN  act  to  incorporate  the  town  of  Aurora. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Utmois,  represented  in  the  General  Assembly,  That  the 
inhabitants  of  the  town  of  Aurora,  in  the  county  of  Kane 
and  state  oi  Illinois,  are  hereby  constituted  a  body  politic 
and  corporate,  by  the  name  and  style  of  "The  President i^a..  ax,,  st.ie. 
and  Irustees  of  the  Town  of  Aurora,"  and  by  that  name 
and  style  shall  have  perpetual  succession,  and  may  have 
and  use  a  common  seal,  which  they  may  change  and  alter 
at  pleasure,  and  in  whom  the  government  of  the  corpora- 
tion shall  be  vested,  and  by  whom  its  affairs  shall  be  man- 
aged. 

§   2.     The  inhabitants  of  said  town,  by  the  name  and  •^nera.  powers. 
syle  aforesaid,  may  sue  and  be  sued,  implead  and  be  im- 
pleaded, deiend   and    be  defended,   in   all    courts  of  law 


1853. 


356 


or  equity,  and  in  all  actions  whatever,  and  purchase,  re- 
ceive and  hold  property,  real  or  personal,  within  or  he- 
yond  tlie  limits  of  said  town,  lor  hurial  grounds  and  for  oth- 
er public  purposes,  for  the  use  of  the  inhabitants  of  said 
town,  and  may  sell,  lease  and  dispose  of  property,  real  or 
personal,  for  the  benefit  of  said  town,  and  improve  and  pro- 
tect such  property,  and  to  do  all  things  in  relation  thereto 
as  natural  persons. 

§  3.  That  the  boundaries  of  the  corporation  of  said 
town  be  as  follows,  to  wit,  beginning  three-eighths  of  a 
mile  easterly  from  the  town  well,  on  the  course  of  Main 
street;  thence  northerly,  at  right  angles  with  said  Main 
street,  three-eighths  of  a  mile;  thence  westerly,  parallel 
with  said  Main  street,  to  the  centre  of  Fox  river;  tlencc 
southerly,  along  the  centre  of  said  river,  to  Stolp's  island; 
thence  along  the  west  shore  of  said  island  to  the  south- 
ern extremity  of  the  same  ;  thence  east  to  the  eastern  shore 
of  said  river;  thence  southerly  along  said  shore  to  a  point 
five-eighths  of  a  mile  from  the  north  side  of  said  Main  street; 
thence  east,  parallel  with  said  Main  street,  to  intersect  the 
eastern  boundary — said  boundary  to  be  extended  souther- 
ly from  the  point  of  beginning,  at  right  angles  with  Main 
street,  sufficiently  far  to  make  an  intersection  with  the 
southt:rn  boundary  :  Provided,  nevertheless,  the  president 
and  trustees  of  said  town  may  at  any  time,  by  ordinance, 
prescribe  other  or  different  boundaries  for  said  town,  not 
exceeding  two  miles  square. 

§  4.  The  present  president  and  trustees  of  said  town, 
as  at  present  incorporated  under  the  general  act  of  incor- 
poration, are  hereby  appointed  trustees  of  the  said  town, 
and  shall  hold  their  office  until  the  first  Monday  of  April 
next,  and  until  their  successors  are  elected  and  qualified. 
And  on  the  first  Monday  of  April  next,  or  within  ten  days 
thereafter,  and  on  the  first  Monday  of  April  of  every  year 
thereafter,  an  election  shall  be  held  for  five  trustees  of  said 
town,  who  shall  hold  their  office  for  one  year,  and  until 
tlieir  successors  are  elected  and  qualified;  and  ten  days' 
public  notice  of  the  time  and  place  of  holding  any  election 
for  trustees  shall  be  given  by  the  president  and  trus- 
tees, or  by  their  clerk,  by  advertisement  in  any  weekly 
paper  published  in  said  town,  or  by  posting  up  notices  in 
three  of  the  most  public  places  in  said  town.  No  person 
„f  shall  be  elected  a  trustee  of  said  town  who  shall  not  be 
qualified  to  vote  for  state  and  county  officers,  and  who 
shall  not  have  been,  for  one  year  previous  to  such  election, 
a  resident  and  bona  fide  freeholder  within  the  incorporated 
limits  of  said  town. 

§  5.  That  at  any  election  for  trustees  every  person 
who  shall  be  qualified  to  vote  for  state  officers,  and  who 
shall  have    a  residence  within   the  limits  of  said    corpo- 


357  1853. 

ration  for  six  months  previous  to  such  election,  m;\y  enjoy 
the  rii^hts  of  an  elector. 

^  6.  Tiiat  the  trustees  shall  elect  one  of  their  number  p.-Ksidfiu. 
president,  and  shall  be  judges  of  the  elections,  qualifica- 
tions and  returns  of  their  own  members,  a  majority  of  whom 
shall  constitute  a  quorum  to  do  business,  but  a  smaller 
number  may  adjourn  from  day  to  day,  and  compel  tlie  at- 
tendance of  absent  members,  in  such  manner  and  unds^r  such 
penalties  as  they  may  prov^ide,  and  punish  their  members 
for  disorderly  conduct,  and  jy  vote  of  three-fifths  of  the 
whole  number  elected,  expe!  a  member,  and  make  such 
other  rules  and  regulations  for  their  government  as  to  tiiem 
may  seem  proper  and  expedient ;  and  shall  have  power  to 
fill  any  vacancies  in  the  board  of  trustees  occasioned  by 
death,  resignation,  removal  or  continued  absence  from  town 
for  three  months,  or  otherwise. 

§  7.  Tiie  president  and  trustees  of  said  town  shall  have 
power — 

1.  To  cause  all  the  streets  and  alleys  and  j)ublic  roads  streets  and  aiieyg 
within  the  limits  of  said   town  to  be  kept'iu  good  repair, 

and  to  tins  end  tiiey  shall  require  every  male  resident  of 
said  town,  over  the  age  of  twenty-one  years,  to  labor  on  the 
same  not  exceeding  three  days  in  each  and  every  ye  r  ;  and 
if  such  labor  be  insufficient  for  that  purpose,  to  appropriate 
so  much  from  the  general  funds  of  the  corporation  as  they 
shall  deem  necessary  therefor. 

2.  To  open,  alter,  vacate,  widen,  extend,  establish, 
grade,  pave  or  otherwise  improve  any  streets,  avenues, 
lanc'^,  alleys  or  public  roads  within  the  limits  of  said  town. 

3.  To  make,  construct  and  keep  in  repair  side-walks  siiie-waius. 
or  pavements  in  front  of  any  lot   or  lots   adjacent   to  any 
street  or  streets  in  said  town,  and  to  levy  and  collect  a  tax 

from  time  to  time  upon  the  lot  or  lots  in  front  of  which  such 
side- walks  or  pavements  are  or  shall  be  ordered  and  pro- 
posed to  be  made,  constructed  or  kept  in  repair  :  Provided, 
such  tax  shall  be  on  such  lots  proportionate  to  the  length 
of  their  respective  fronts,  and  until  the  said  president  and 
trustees  shall  provide  by  ordinance  for  the  levying  and 
(Collecting  of  said  tax.  They  shall  enter  upon  the  records  of 
the  corporation,  whenever  they  shall  desire  to  collect  such 
tax,  a  resolution  that  such  tax  shall  be  levied  and  collect- 
ed, and  the  number  of  the  lot  or  lots  upon  wiiich  the  tax  is 
proposed  to  be  levied,  and  the  amount  upon  each  lot,  and  a 
certified  copy  of  such  resolution,  shall  be  filed  in  the  office 
of  the  clerk  of  the  coutity  court.  It  shall  then  be  Collected 
in  the  manner  provided  in  the  ninth  section  of  an  act  entitled 
"An  act  to  incorporate  towns  and  cities,"  approved  Febru- 
ary 10,  1849,  for  the  collection  of  other  corporate  taxes. 

4.  To  levy  and   collect  taxes   upon  all  j)roperty,  realspcoiaii'iaxea. 
and  personal,  within  the  limits  of  said  corporation,  not  ex- 


1863. 


368 


Cattle,       horses 


Public  pound. 
Gambling. 


ttunpowiler 
Fir-. 


ceeding  one-half  per  cent,  per  annum  upon  the  assessed 
value  thereof,  and  may  enforce  the  payment  thereof  in  any 
manner  to  be  prescribed  by  ordinance,  not  repugnant  to  the 
constitution  of  the  United  States  and  of  this  state.  But 
until  they  provide  by  ordinance  for  enforcing  the  payment 
thereof,  they  shall  be  collected  in  the  manner  provided  by 
the  ninth  section  of  the  act  aforesaid. 

5.  To  restrain  regulate  or  prohibit  the  running  at  large 
of  cattle,  horses,  sheep,  swine,  gcats  and  other  animals,  and 
to  authorize  the  distraining,  impounding  and  sale  of  the 
same,  and  to  prohibit  any  indecent  exhibition  of  horses  or 
other  animals. 

6.  To  prevent  and  regulate  the  running  at  large  of 
dogs,  and  authorize  the  destruction  of  the  same  when  at 
large  contrary  to  any  ordinance. 

7.  To  regulate  or  prohibit  bathing  in  Fox  river,  and 
prohibit  any  indecent  exposure  of  person. 

8.  To  prevent  horse  racing  or  any  immoderate  riding  or 
driving  within  the  limits  of  said  town,  oi  horses  or  other 
animals.  To  prohibit  the  abuse  of  animals  ;  to  comjjel  per- 
sons to  fasten  their  horses  or  other  animals  attaciied  to  ve- 
hicles or  otherwise  while  standing  or  remaining  in  any  street, 
alley  or  public  road  in  said  town. 

9.  To  establish  and  maintain  a  public  pound,  and  ap- 
point a  pound  master  and  prescribe  his  duties. 

10.  To  restrain  and  prohibit  all  descriptions  of  gam- 
bling and  fraudulent  devices,  and  to  suppress  and  prohibit 
billiard  tables,  ball  alleys  and  other  gaming  establisliments, 

11.  To  suppress  and  prohibit  disorderly  houses  or 
groceries,  and  houses  of  ill  fame. 

12.  To  license,  regulate,  suppress  and  prohibit  all  ex- 
hibitions of  common  showmen,  shows  of  every  kind,  cara- 
vans, circuses  and  exhibitions  and  amusements. 

13.  To  prevent,  suppress  and  prohibit  any  riot,  affray, 
disturbance  or  disorderly  assemblages,  assaults,  assaults 
and  batteries,  or  shooting  within  the  limits  of  said  town. 

14.  To  abate  and  remove  nuisances  and  punish  the 
authors  thereof,  and  to  define  and  declare  what  shall  be 
deemed  nuisances,  and  authorize  and  direct  the  summary 
abatement  thereof. 

15.  To  make  regulations  to  prevent  the  introduction 
of  contagious  diseases  into  the  town,  and  execute  the  same 
for  any  distance  not  exceeding  two  miles  from  the  limits 
thereof. 

16.  To  regulate  the  storage  of  gunpowder  and  other 
combustible  materials. 

17.  To  provide  for  the  prevention  and  cxlinguish- 
ment  of  fires,  and  to  organize  and  establish  fire  comj)anies. 

'   IP.     To  provide  the  town  with    water    for    the  extin- 
guishment of  firesand  for  the  convenience  of  the  inhabitants. 


369  1853. 

19.  To  provide  for  inclosing,  improving    and    regiila- Pubik   groun. 
ting  all  public  grounds  and  other  lands  belonging  to  said 

town. 

20.  To  provide  for  erecting    all    needful    buildings  for 
the  use  of  said  town. 

21.  To  make    all    necessary   regulations  to  secure  the  (;s-"iraii..M.!th 
general  health  of  the  inhabitants  tiiereof. 

22.  To  suppress    and    prohibit    the  selling,  bartering,  ^.r-Lvii 
exchanging  and  traffic  of  any  wine,  rum,  gin,  brandy,  whis-  ''"°'"''' 
key  or  other  intoxicating  liquors  within  the  limits  of  said 
town:   Provided^  that  tliey  may  allow  bona  fide  druggists 

to  sell  the  same,  in  good  faith,  for  purely  medicinal,  mechan- 
ical or  sacramental  purposes,  and  for  no  other  purpose. 

23.  To   appropriate    and    provide  for  the  payment  of  Dfbtsor  tow.i. 
any  debt  or  expenses  of   the  town,  and  to  fix  the  compen- 
sation of  town  officers. 

24.  To  make    all   ordinances  v.^liich  shall    be  necessa- oruinan,  ?s. 
ry  and  proper  for  carrying  into  execution  the  pov/ers  spe- 
cified in  tliis   act,  or  which   they  may  deem  necessary  or 
expedient  for  the  better  regulation  of  the  internal  police  of 

said  town,  and  to  execute  the  same,  and  to  impose  fines, 
forfeitures  and  penalties  for  the  breach  of  any  ordinance 
or  any  of  the  provisions  of  this  act,  and  to  provide  for  the 
recovery  and  appropriation  of  such  fines  and  forfeitures 
and  the  enforcement  of  such  penalties:  Prurided,  that  inPioviao. 
no  case,  except  in  assaults,  assaults  and  batteries,  riots  or 
aflfrays,  shall  any  such  fine  or  penalty  exceed  the  sum  of 
twenty-five  dollars  for  any  one  offence. 

^  8.  That  the  president  and  trustees  of  said  town  shall  ro.vaconsuibi'! 
have  power  to  appoint  a  town  constable  for  said  town, 
whose  duty  it  shall  be,  when  so  appointed  and  sworn  into 
office,  to  execute  any  where  in  Kane  county  any  writ,  pro- 
cess and  precept  which  may  be  issued  against  any  person 
or  persons  for  the  violation  of  any  ordinance  of  said  corpo- 
ration, and  to  arrest  on  view  any  and  all  persons  who  may 
violate  the  same,  and  to  take  them  before  any  justice  of  the 
peace  of  said  town,  and  to  collect  any  fine  for  forfeiture  and 
penalty  which  may  be  assessed  or  recovered  for  the  use  of 
said  town  :  Provided,  that  any  otiier  constable  may  execute provi?... 
any  process  issued  by  any  justice  of  the  peace  by  virtue  of 
this  act.  Also,  to  appoint  a  clerk,  treasurer,  street  com-  Dnicns. 
raissioner,  board  of  health  and  all  other  officers  that  may 
be  necessary,  and  to  prt-scribe  their  duties,  and  may  re- 
quire bonds  from  the  several  officers  for  the  faithful  dis- 
charge of  their  duties. 

§   9.    Tiie  president  and  trustees  shall  require  their  clerk,  Ret-jfj. 
and  it  shall  be  his  duty  to  m^ke  and  keep  a  full  an  i  faithful  re- 
cord of  ail  their  proceedings,  by-laws  and  ordinances,  and  of 
the  lime,  [)1  ace  and  manneroftlie  pul)licationof  such  ordinan- 
ces and  by  laws,  in  a  book  to  be  provided  for  that  purpose. 


1853.  360 

And  such  book,  purporting  to  be  the  record  of  tlie  corpora- 
tion of  the  town  of  Aurora,  shall  be  received  in  all  courts, 
without  further  proof,  as  evidence  ol  all  such  matters  there- 
in contained.  And  all  ordinances,  before  taking  etTect, 
shall  be  publisiied  at  least  ten  days  in  a  newspaper  pub- 
lished in  said  town,  or  by  posting  up  copies  of  the  same  in 
three  of  the  most  public  places  of  said  town. 

.  i.enaU!.'s,  §  10.  Any  fine,  penalty  or  forfeiture  incurred  under  tliis 
act,  or  any  by-law  or  ordinance  made  in  pursuance  of  this 
act,  or  of  any  act  that  may  be  passed  amendatory  to  this  act, 
may  be  recovered,  together  with  costs,  before  any  justice 
of  tlie  peace  in  the  corporate  name  ;  and  several  fines,  for- 
feitures or  penalties  for  breaches  of  the  same  ordhiance  or 
by-laws,  not  exceeding  one  hundred  dollars,  may  be  recov- 
ered in  one  suit,  and  tise  first  process  shall  be  a  summons, 
unless  oath  or  affirmation  be  made  for  a  warrant  by  some 
credible  person.  But  in  all  cases  of  assault,  assault  and 
battery,  affray  or  riot,  a  warrant  shall  issue  for  the  arrest  of 
the  offender  or  offenders  in  the  same  manner  as  for  like 
offences  against  the  laws  of  tiie  state.  It  shall  be  lawful 
to  declare  generally  for  debt  for  such  fines,  penalties  or  for- 
feitures, stating  the  clause  of  this  act  or  the  ordinance  or 
by-law,  under  which  the  same  are  claimed,  and  to  give  the 
si)ecial  matter  in  evidence  under  the  declaration,  and  the 
justice  shall  praceed  to  hear  and  determine  the  case  as  in 
other  cases.  Upon  the  rendition  of  judgn;eiit  for  any  such 
fines,  penalties  or  fi)rfeitures,  tlie  justice  shall  issue  his  ex- 
ecution for  the  same  and  costs  of  suit,  which  may  be  levied 
upon  any  personal  property  of  the  defendant  or  defendants 
not  exempt  from  execution.  If  the  constable  shall  return 
upon  such  execution  "no  property  found,"  then  the  justice 
shall  issue  a  capias  against  the  body  of  the  defendant  or 
defendants,  and  the  constable  shall  arrest  such  person  ov 
persons,  and  commit  him  or  them  to  the  jail  of  the  county, 
to  remain  forty-eight  hours;  and  if  the  judgment  and  costs 
exceed  five  dollars,  then  to  remain  in  close  custody  in  said 
jail  twenty-four  hours  for  every  two  dollars  over  and  above 
the  said  five  dollars,  and  so  in  proportion  to  the  amount  of 

''■■'■'•  the  judgment  and   costs  :  Provided,,  however,  if  the  said 

president  and  trustees,  or  their  attorney,  shall  require  a 
transcript  of  the  judgment  and  costs,  to  be  certified  to  the 
clerk  of  the  circuit  court  of  the  proper  county,  to  have  the 
same  levied  upon  real  property,  and  signify  the  same  in 
writing  to  liiiii,  he  shall  not  issue  a  capias  as  aforesaid,  but 
shall,  without  delay,  certify  a  transcript  thereof  and  all  the 
])roceedings  according  to  law,  to  such  clerk,  which  shall  be 
filed  and  recorded  as  in  other  cases  ;  and  such  judgment 
shall  have  the  same  force  and  effect  as  judgments  render- 

i*"-  ed  in  the  circuit  court :  'Prcvidcd,  an  appeal  may  be  granted 

within  five  days  after  the  rendition  of  judgment,  with  the 


361  1863. 

same  force  and  effect,  rigiits  and  privileges  to  all  parties 
as  ill  other  cases. 

§    11.     The  justices  of  the  peace  and   constables   who  Fees  of  josti»« 
may  render  service  under  tliis  act  shall  be  entitled  to  the  "^' '•'^'^  »'"'^*'- 
same  fees,  and   collect  them  in  the   same  manner  as  is  or 
hereafter  may  be  provided  by  law  in  other  cases. 

§    12.     The  president  and  trustees  shall  not  be  required,  suits. 
in  suits  instituted  under  this  act,  or  ordinances  passed  by 
virtue  thereof,  to   file,  before  the   commencement  of  any 
such  suit,  any  security  for  costs. 

§    13.     All   fines,  forfeitures  and  penalties  received  orpines,  &c. 
collected  for  the  breach  of  any  ordinance  or  this  act  shall 
be  paid  into  the  treasury  of  said  corporation  by  the  officer 
or  person  receiving  or  collecting  the  same. 

§    14.     The  inhabitants  of  said  town  are  hereby  exempted  Road  labor. 
from  working  upon  any  road  beyond  the  limits  of  the  cor- 
poi-ation,  and  from  paying  any  tax  upon  property  within  its 
limits  to  procure  laborers  to  work  upon  any  such  road. 

§    15.     Nothing  in  this  act  contained  shall  require  the  Bridge      acrote 
inhabitants  of   said  town,  in  their  corporate   capacity,  to  Fo^i'^er- 
build  or  keep  in  repair  any  bridge  across  Fox  river. 

§  16.  All  ordinances,  by-laws  and  resolutions  passed  ominancesofti!^ 
by  the  president  and  trustees  of  tiie  town  of  Aurora,  as  in- 
corporated under  the  general  law,  and  which  are  now  in 
force  and  not  inconsistent  herewith,  shall  remain  in  force  un- 
til the  same  shall  be  repealed  by  the  president  and  trustees 
of  tlie  cor{)oration  created  by  this  act. 

§  17.     All  actions,  rights,  fines,  penalties  and  forfeitures,  Actions  m  soit. 
in  suit  or  otherwise,  which  have  accrued  to,  or  have  been 
commenced  by  the  president  and  trustees  of  said  town  in- 
corporated under  the  general  law,  shall  be  vested  in  and 
prosecuted  by  the  corporation  hereby  created. 

§  18.  All  property,  real  and  personal,  or  any  estate  orp^Qp^j.^^ 
interest  tlierein  held  by  or  belonging  to  the  president  and 
trustees  of  said  town  of  Aurora,  as  incorporated  under  the 
general  law,  for  the  use  of  the  inhabitants  thereof,  shall  be 
and  the  same  are  hereby  declared  to  be  vested  in  the  cor- 
poration hereby  created. 

§    19.     This  charter  shall  not  invalidate  any  act  done  by  carter  not  in- 
the  president  and  trustees  of  the  town  of  Aurora,  as   at  validated. 
present  incor})orated,  and  all  taxes  assessed  in  favor  of 
said   corporaiion,  and  which  have  not  yet  been  paid  into 
the   treasury  thereof,  shall,   when   collected,  be   paid  into 
the  treasury  of  the  corporation  hereby  created. 

§  20.  This  act  is  hereby  declared  to  be  a  public  act, 
and  may  be  read  in  evidence  in  all  courts  of  law  or  equity 
within  this  state,  without  proof. 

Approved  February  8,   1853. 


1853, 


362 


ice  Feb.  12,  AN  ACT  to  incorporate  the  City  Mutual    Insurance  Companv.  of  Alton, 

1853.  "11111,015. 


leiieruii   p(/\v 


Section  1.  Be  it  enacted  by  the  General  ^saemhly 
of  the    state  of  J//inois,    Tliat  J.    G.   Lamb.    J.    L.    Blair, 

'''"''•  S.  Wise,  Samupl  Wade,  J.  J.  Mitchell,  L.  B.  Parsons, 
S.  A.  Buckmaster,  Richard  Flaj;rg,  Isaac  Scarritt,  of 
Alton,  111.,  and  their  associates,  successors  and  assigns, 
be   and  they  are   hereby  incorporated  into  a  bodj-  corpo- 

and  stj'ie.  rate  and  politic,  by  the  name  and  style  of  "  The  City 
Mutual  Insurance  Company,"  of  Alton,  111  ,"  to  have  con- 
tinuance for  and  during  the  term  of  forty  years  from  and 
after  the  passage  of  this  act ;  and  by  said  corporate  name 
and  style  shall  be,  for  the  term  aforesaid,  able  and  capable, 
in  law  and  equity,  to  sue  and  be  sued,  plead  and  be  im- 
pleaded, answer  and  be  answered  unto,  defend  and  be  de- 
fended, in  all  manner  of  suits,  actions,  pleas,  plaints, 
causes,  matters  and  demands,  of  whatever  kind  and  nature 
they  be,  in  as  full  and  effectual  a  manner  as  any  per- 
son or  persons,  bodies  corporate  and  politic,  may  or  can 
do  ;  and  may  have  a  common  seal,  wliicii  they  may  alter 
or  break  at  pleasure  ;  and  may  purchase,  hold  and  convey 
any  estate,  real  or  personal,  for  the  use  of  said  company: 
Provided,  that  said  corporation  shall  not,  at  any  one  time, 
hold  real  estate  exceeding  in  value  five  thousand  dollars,  ex- 
cepting such  as  may  be  taken  for  debt  or  held  as  coUat- 
teral  security  for  money  due  to  said  company. 

§  2.  The  capital  stock  of  said  company,  exclusive  of 
premium  notes  and  other  undivided  profits  arising  from  bu- 
siness, shall  be  fifty  thousand  dollai-s,  and  shall  be  divided 
into  shares  of  one  hundred  dollars  each,  one  dollar  in  each 
share  of  which  shall  be  paid  in  money  at  the  time  of  sub- 
scription for  said  stock,  as  hereinafter  provided  ;  and  the 
said  capital  stock  may  be  increased  to  two  hundred  thou- 
sand dollars,  should  a  majority  of  the  stockholders  deem  it 
advisable,  and  the  additional  stock  may  be  subscribed, 
paid  in  and  secured,  as  provided  in  this  act,  for  the  original 
subscription,  payment  and  security  of  the  first  named  orig- 
inal stock — the  directors,  however,  in  that  case,  acting  as 
or  in  place  of  other  comaiissiouers  :  Provided,  that  the  di- 
rectors shall  then  at  once  order  a  new  election  of  direc- 
tors, by  all  the  then  stockholders.  The  stock  shall  be 
deemed  personal  property,  and  assignable  and  tiansferable 
on  the  books  of  the  corpoi-ation  ;  but  no  stockholder  in- 
debted to  the  corporation  shall  be  permitted  to  make  a 
transfer  until  such  debt  be  paid  or  secured  to  the  satisfac- 
tion of  the  directors. 

§  3.  The  persons  named  in  the  first  section  of  this  act 
are  hereby  apj)ointed  commissioners  for  procuring  sub- 
scriptions to  said  capit'-^l  stock  of  fifty  thousand  dollars, 


363  1853. 

and  said  commissioners,  or  a  majority  of  them,  sliall  o])en 
subscription  books  lor  sucii  stock,  on  such  days  and  atsucli 
places  as  tiiey  may  deem  expedient,  and  siiall  give  public 
notice  of  such  times  and  places  for  at  least  thirty  days,  in 
one  or  more  public  newspapers  of  the  city  of  Alton  ; 
and  the  said  books  shall  be  kept  open  until  the  whole  nf  the 
said  lifiy  tiiousand  dollars  in  stock  shall  have  been  taken, 
and  the  sum  of  one  dollar  per  share  on  each  share  of  stock 
subscribed  for  shall  have  been  paid  to  said  commissioners. 

§  4.  VV lien  the  full  amount  of  fifty  tiiousand  dollars  Notify Btockhoid- 
capital  stock,  as  provided  in  section  second,  shall  have 
been  subscribed,  and  the  amount  required  to  be  paid  on  each 
share  shall  have  been  received  by  the  said  commissioners, 
it  shall  be  their  duty  to  notify  the  stockholders  of  the  com- 
pletion of  said  subscription,  and  appoint  a  time  and  place 
(sucli  notice  and  appointment  to  be  published  at  least  ten 
days  prior  to  said  meeting  in  a  public  newspa]  er  of  the 
city  of  Alton,)  at  which  they  will  meet  the  stockholders 
and  receive  their  votes  for  seven  directors,  who  shall 
manage  the  business  of  the  company,  and  hold  their  office 
for  one  year,  or  until  their  successors  are  elected,  and  who 
shall,  at  the  time  of  their  election,  be  citizens  of  this  state, 
and  holders,  respectively,  of  not  less  than  five  shares  of 
the  capital  stock  of  said  company.  The  voting  at  all 
elections  of  the  company  shall  be  by  ballot,  and  each 
share  sliall  represent  one  vote  :  Provided^  that  absent 
stockholdeis  may  vote  by  proxy,  in  writing. 

§  5.  VVlien  the  stockholders  shall  have  elected  the  Commissioner.-i 
board  of  directors  as  provided  in  section  four,  the  com-  &c. 
missioners  aforesaid  shall  deliver  to  the  said  directors  the 
subscription  books,  moneys  collected  on  account  of  sub- 
scription, and  all  other  papers  and  things  in  their  hands 
necessary  to  a  full  organization  of  said  company  and  said 
board  of  directors,  and  the  said  directors  shall  proceed  to 
organize  by  the  election  of  a  president  from  among  their 
number,  a  secretary  and  any  other  officers  or  agents  they 
may  deemnecessary  forthe  objects  andinterests  of  the  com- 
pany, who  shall  hold  their  office  for  one  y  ear  or  until  their 
succe^^sors  are  elected.  The  board  shall  then  proceed  to 
adopt  by-laws  for  their  government  in  the  conduct  of  By-'*'?- 
the  business  of  the  company,  which  may  be  altered  or 
amended  by  a  majority  of  all  the  members  of  the  board 
at  pleasure;  they  may  also  fix  the  salaries,  duties,  fines 
and  forfeitures  of  any  and  all  officers  or  agents  of  the 
company. 

§   6.      When  the  board  of  directors  shall  be  fully  organ- Cau  for  capita* 
ized  as  provided  in  section  five,  they  shall  call  in,  b)  a  pub- 
lic notice  of  at  least  twenty  days,  such  an  amount  of  the 
capital  stock  as  they  may  deem  expedient,  not  exceeding 
five  dollars  on  each  share   in   cash,    which,  together  with 


stock. 


1853.  364 

the  amount  paid  to  the  commissioners,  shall  constitute  the 
first  instalment  on  the  capital  stock  provided  in  section 
two,  and  shall  require  the  residue  of  said  stock  to  be 
secured  by  good  and  legal  stock  notes,  secured  to  the  sat- 
isfaction of  the  directors,  and  payable  on  demand  as  here- 
inafter provided,  and  shall  issue  therefor  certificates  of 
stock,  setting  forth  the  amount  paid  in  cash,  and  the  nmount 
and  conditions  of  the  stock  notes  for  the  residue  :  Pi  uvidedy 
that  if  at  any  time  the  directcrs  may  consider  any  one  or 
more  stock  notes  insecure,  they  shall  have  power  to  re- 
quire additional  and  sufficient  security  on  the  same,  after 
due  notice,  under  such  just  penalties  and  forfeitures  as  they 
may  by  by-law  provide. 

"  marine  in-      §   7.     The  Said  compauy  shall  have  power  to  make  ma- 

mce.  Yine  insurance    upon  vessels,  hulls   of  steamboats,  flat  and 

keel  boats,  freight  lists,  goods,  Vv^ares  and  merchandise, 
specie,  bullion,  commissions,  profits,  bank  notes  and  bills  of 
exchange,  and  other  evidences  of  debt,  bottomry  and 
respondentia  interest,  and  to  make  all  and  every  insurance 
connected  with  marine  or  itiland  transportation,  or  navi- 
gation risks,  and  to  do  and  perform  all  necessary  acts  and 
things  connected  with  these  objects,  or  any  of  them,  on 
such  terms  and  conditions  as  may  be  agreed  upon  by  the 
parties,  and  to  fix  the  premium  and  terms  of  jiayment  ;  and 

'""*  all  policies  of  insurance  by  them  made  shall  be  subscribed 

by  the  president,  or  in  case  of  his  death,  sickness,  inability 
or  absence,  by  any  two  of  the  directors,  and  countersigned 
and  sealed  by  the  secretary  of  said  company ;  and  any 
losses  duly  arising  under  any  policy  so  subscribed  and 
sealed,  may  be  adjusted  by  the  president  and  directors, 
and  the  same  shall  be  binding  on  said  company. 

f.,.  §   8.     If  at  any   time   the  losses   of  the   company  shall 

exceed  the  net  earnings  for  premiums,  &c.,  the  directors 
shall  make  a  pro  rata  assessment  on  the  stock  notes  held 
by  them  as  provided  in  section  six,  and  require  tlie  pay- 
ment of  said  assessment  by  each  and  every  stockholder  at 
the  office  of  the  company,  within  thirty  days  after  notice 
of  such  assessment  shall  have  been  given  in  the  public 
newspapers  of  the  city  of  Alton,  under  such  penalties  and 
forfeitures  as  the  board  of  directors  may  determine  ;  for 
the  amount  of  which  assessment,  when  paid  in  cash  as  re- 
quired herein,  they  shall  issue  certificates  payable  pro 
rata  out  of  the  sinking  fund  that  may  arise  under  the  pro- 
vision therefor  in  section  nine. 

„^a,,.  §   9-     Whenever,  at  the  close  of  a  fiscal  year  of  the  com- 

pany's business,  the  profits  and  earnings  of  the  company 
shall  exceed  the  losses  and  expenses  of  the  same,  exclu- 
sive of  any  and  all  premiums  for  j)olicies  or  risks,  not  then 
expired  and  determined,  it  shall  be  the  duty  of  the  direc- 
tors to  declare  a  dividend  to  stockholders  from  such  pro- 


3b5  1868. 

fits,  not  exceeding  ten  per  centum  on  tlie  capital  stock  of 
said  conij)any,  wliich  dividend  shall  be  credited  on  the 
stock  notes  as  authorized  in  section  six,  as  payments 
thereon,  and  in  case  an  additional  amount  of  profits  shall 
remain  afler  the  dividend  hereby  provided  to  stockholders, 
it  shall  be  lawful  for  the  directors  to  constitute  the  same 
a  sinking  fund  for  the  payment  of  the  outstanding  certifi- 
cates to  stockholders  for  assessments  that  may  be  created 
under  section  eight,  for  the  payment  of  future  losses,  or 
divide  the  same  among  the  customers  of  the  company,  in 
proportion  to  the  amount  that  each  has  paid  on  risks  then 
expired  during  the  said  fiscal  year,  or  they  may  appropriate 
a  part  of  said  ]ast  mentioned  surplus  to  each  of  these 
objects. 

§  10.  When  the  stock  notes  held  by  the  directors  ofstook  note?. 
said  company  shall  have  been  fully  cancelled  by  dividends 
indorsed  thereon,  as  provided  in  section  nine,  or  by  the 
payment  of  cash  in  full,  it  shall  be  the  duty  of  the  direc- 
tors to  pay  in  cash  to  the  stockholders  all  dividends  de- 
clared thereafter  on  the  stock  of  the  company,  and  all 
excess  of  profits  over  and  above  -the  stock  dividends 
herein  provided,  and  the  expenses  of  the  company,  shall 
thereafter  be  divided  annually  among  the  customers  of  the 
office,  as  provided  in  section  nine:  Provided.,  that  it  shall 
be  lawful  for  the  directors  to  constitute  a  sinking  fund 
therefrom,  in  their  discretion,  as  provided  in  section  nine. 

§    11.      The  directors  may  cause  the   company  to  be  re- K«insuraiice. 
insured   against   any   risk  or  risks    which  they   may   have 
made   or  shall    assume  to  make   in   the    progress    of  their 
business. 

§  12.  It  shall  be  lawful  for  the  directors  of  said  com- Loan  gnrpiii*. 
pany  to  loan,  on  good  and  sufficient  security,  for  a  period 
not  exceeding  three  months,  any  surplus  of  profits  or  cap- 
ital stock  paid  in,  remaining  on  hand  and  not  needed  for 
tlie  time  being  for  the  payment  of  losses  or  current  ex- 
penses of  the  office. 

§   13.     Said  company  shall   not,   directly  or  indirectly,  compa"^  "<>'■  *« 
deal  or  trade  in  buying   or   selling   any    goods,   Avares  or 
merchandise  whatever,  except  when  it  may  be  necessary 
in  order  to  secure  any  money  or  moneys  that  may  be  due 
to  said  company. 

§  14.  Nothing  in  this  act  contained  shall  be  so  con- 
strued as  to  authorize  banking  privileges. 

§  15,  This  act  is  hereby  declared  a  public  act,  and 
shall  take  effect  from  and  after  its  passage,  and  shall  be 
liberally  construed  for  every  purpose  herein  contained. 

Approved  February  12,  1853. 


1853.  366 

In  force  Feb.  12,  AN"  ACT  to  establish  the  Woodstock  Insurance  Compan)'. 

1863. 

Section  1.  Be  it  enacted  hy  the  people  of  the  state  of 
IHuiuis.  represented  in  the  General  Jissemhly^  Tlint  there 
sliall  be  and  hereby  is  established  in  the  town  of  Wood- 
stock an  insurance    company,  to  be  known  by  the  name 

Nameand  style,  and  Style  of  ''Tlie  Woodstock  Insurance  Company,"  with 

Capital  stock.  3  capii al  stock  ol' fifty  tliousand  dollars,  divided  into  shares 
of  fifty  dollars  each,  which  may  be  increased,  at  the  will  of 
the  directors,  to  any  amount  not  exceedinnr  five  hundred 
thousand  dollars,  to  be  subscribed  and  paid  for  in  the  man- 
ner hereinafter  specified. 

§  2.  That  Neill  Donnelly,  Lawrence  S.  Church,  A.  H. 
orporaors.  ]\ixon,  Euos  VV.  Smith,  ChaHes  M.  Willard,  or  any  three 
of  them,  be  and  are  hereby  authorized  to  open  books  of  sub- 
scription in  said  town  for  the  capital  stock  of  said  company, 
at  such  times  and  places  as  they  shall  think  proper,  after 
giving  twenty  days'  notice  of  the  same  in  any  public  news- 
paper in  this  state  ;  said  books  to  be  kept  open  for  the 
space  of  five  days,  and  until  at  least  one  hundred  shares 
shall  be  subscribed,  when  the  same  may  be  closed,  and 
said  subscribers  may,  after  sixty  days'  notice  being  given 
by  said  commissioners  in  manner  aforesaid,  meet,  and  un- 
der the  inspection  of  said  commissioners,  ciioose  their  di- 
rectors, who  may,  at  any  time  after  ten  days' public  [notice] 
given,  cause  the  subscription  books  to  be  reopened,  and 
continue  open  until  the  whole  amount  of  said  stocks  shall 
have  been  taken. 

Body  corporate  §  ^'  "^^^  subscribers  of  Said  stock,  their  associates, 
and  politic.  successors  and  assigns,  shall  be  and  they  are  hereby  de- 
clared a  body  ])olitic  and  corporate,  by  the  name  and  style 
of  "The  Woodstock  Insurance  Company,"  and  shall  be 
capable  in  law  of  contracting  and  being  contracted  with, 
suing  and  being  sued,  pleading  and  being  impleaded,  an- 
swering and  being  answered  unto,  defend  and  being  de- 
fended against,  in  all  courts  and  places  whatsover,  in  all 
manner  of  actions,  suits,  complaints  and  causes. 

(Senerai  powers.  §  4.  The  Said  Corporation  may  liavc  and  use  a  commou 
seal,  which  they  may  change,  alter  or  break  at  pleasure, 
and  may  also  make,  establish  and  put  in  execution  such 
by-laws,  ordinances  and  regulations  as  shall,  in  their  opin- 
ion, be  necessary  for  the  good  government  and  manage- 
ment of  the  affairs  of  said  corporation,  and  which  are  not 
repugnant  to  the  laws  and  constitution  of  the  United  States 
or  of  this  state. 

ipaj  went  of  stock  §  ^-  '^'^^  payment  of  the  stock  subscribed  for  shall  be 
made  by  the  subscribers  respectively,  at  the  time  and  in  the 
manner  following,  that  is  to  say — at  the  time  of  subscribing 
there  shall  be  jiaid  on  each  share  one  dollar,  and  the  bal- 
ance due  on  each  share  shall  be  subject  to  the  call  of  the  di- 


367  1853. 

rectors,  under  such  penalties  as  the  board  of  directors  may 
appoint  and  order,  and  shall  be  secured  to  be  paid  on  de- 
mand by  approved  notes,  hy[)othecated  stocks,  mortgages 
on  real  estate,  or  other  satisfactory  security. 

§   6.      The  stock  and  aifairs  of  said  company  or  corpo- Managemwi    or 
ration  aforesaid  shall  be  managed   and   conducted   by  five  ''"'*''"'' 
directors,  who  shall  be  stockholders  of  said   corporation. 
They  shall,  after  the  first  year,  be  elected  on  the  first  Tues- 
day in  June,  in  each  year,  at  sucli  time   and   place  in  the 
town  of  Woodstock  as  the  board  of  directors  lor  the  time 
being  shall  appoint,  and  shall  hold  their  offices  for  one  year, 
and  until  others  shall  be  chosen  to  supply  their  places,  and 
no  longer.       Ten  days'  public  notice  of  said  election  shall  ki««"o"- 
be  previously  given,  and   the  election  shall  be  held  under 
the  inspection  of  three  stockholders,  to  be  previously  ap- 
pointed by  the  board  of  directors  for  that  purpose,  and 
shall  be  made  by  ballot,  by  plurality  of  the  stock  represen- 
ted, allowing  one  vote  for  every  share,  and   stockholders 
not  personally  present  may  vote    by  proxy,  mailed  in  wri- 
ting, directed   to    the   person   representing   them   at  such 
election.     In  case  that   it    shall    happen   at  any  time  that  in  case    <.f   ii.> 
an  election  of  directors  shall  not  be  made  on  any  day  when  '''^'="**- 
pursuant  to  this  act  it  ought  to  have  been   made,  the  said 
corporation  shall  not  for  that  cause  be  deemed  to  be  dis- 
solved,  but  it  shall    and  may  be  lawful,  on  any  other  day, 
to  make  and    hold   an  election   of   directors  in   such  man- 
ner as  shall  be  directed  by  the  by-laws  and  regulations  or 
ordinances  of  said  company. 

§  7.  The  directors  of  said  com.pany  shall,  as  soon  as  I'lebidrnt. 
may  be  after  their  election  in  each  year,  proceed  to  choose 
out  of  their  body  one  person  to  be  president,  who  shall  pre- 
side until  the  next  annual  election  thereafter ;  and  in  case 
of  the  death  or  resignation  of  the  president,  or  any  direc- 
tor, the  vacancy  may  be  filled  by  the  board  of  directors  ; 
and  in  case  of  the  absence  of  the  president,  the  board  of 
directors  shall  have  power  to  appoint  a  president  pro  tern., 
who  shall  have  all  the  powers  and  perform  all  the  duties  of 
the  president  regularly  chosen. 

^   8.      The  directors  may,  by  the  ordinances  or  by-laws  Quornm. 
of  said   company,   order   what  number  of   directors  shall 
constitute  a  board  or  quorum,  and  be   competent  for  the 
transaction  of  the  business  of  the   corporation;  and   they 
shall  have  power,  subject  to  said  by-laws,  to  appoint  from 
their  own  body  one  or  more  persons  to  act  and  assist  in 
the  perform.anc©  of  the  business  of  the  company,  with  such 
salaries  and  allowances  as  they  may  think  proper,  and  al- 
so to  appoint  a  secretary  and  such  clerks  and  otiier  servants  ofBcers  ai  d  soi. 
as  they  may  deem  expedient.     They  shall  have  the  pow-  '*"'^- 
er  to  declare  and  make  dividends  of  the  profits  arising  from 
the  business  of  said  corporation,  but  all  contracts,  certifi- 


1853.  368 

cates  and  otherinstrumentsof  writing  of  said  company  shall 
be  signed  by  the  president  and  secretary  thereof,  or  either 
of  them,  as  may  be  provided  by  the  by-laws  of  said  com- 
pany. 
^j^^i.  §   9.     The    corporation   hereby    created   shall  have  full 

power  and  authority  to  take  all  marine  risks,  of  any  and 
every  kind,  nature  and  description,  and  to  make  insur- 
ance upon  inland  navigation  and  transportation,  and  against 
losses  by  fire  of  buildings  and  all  other  property  whatso- 
ever, and  to  make  all  kwid  of  insurance  upon  lives,  and  all 
such  other  insurances  as  they  may  deem  proper ;  and  also 
to  receive  money  on  deposit,  and  to  loan  the  same  and 
their  surplus  or  unemployed  capital  or  money  on  personal, 
real  or  other  security,  at  such  rates  of  interest,  not  ex- 
ceeding ten  per  cent.,  as  they  may  think  proper;  and  to 
lend  money  upon  respundentia  and  bottomry,  to  companies, 
corporations  or  individuals,  upon  such  securities  as  they 
Koiusure.  shall  think  proper.     They   may   also  cause  themselves  to 

be  insured  or  re-insured  against  all  or  any  risks  upon 
which  they  may  have  made  insurance,  and  also  upon  all 
property  of  every  kind,  or  any  interest  therein  owned  by 
said  company,  or  held  by  them  as  security,  and  generally 
to  do  or  perform  all  necessary  matters  and  things  relating 
to  or  connected  with  those  objects,  or  either  of  them. 

§  10.  The  stock  of  said  corporation  shall  be  considered 
persoimipropLT- personal  property,  and  shall  be  assignable  and  transferable 
"'■  according  to  such   rules   and  restrictions  as  the  board  of 

directors  shall  from  time  to  time  make  and  establish. 

§  11.  The  said  corporation  may  purchase,  hold,  sell 
and  convey,  at  their  pleasure,  all  such  real  estate  as  may 
be  deemed  necessary  for  the  transaction  of  its  business, 
not  exceeding  at  any  one  time  thirty  thousand  dollars,  and 
to  take  and  hold  any  real  estate,  mortgaged  or  pledged  as 
security  for  the  payment  of  any  debt  due  or  that  may  be- 
come due  to  it,  and  also  to  purchase  on  sale,  in  virtue  of 
any  judgment  at  law  or  any  decree  of  a  court  of  equity, 
or  otherwise  ;  to  take  and  receive  any  real  estate  or  otiier 
property  in  payment,  or  towards  satisfaction  of  any  debt 
previously  due  to  said  corporation,  and  to  hold  the  same 
until  they  can  conveniently  and  advantageously  sell  or 
convert  the  same  into  money  or  other  property. 

§  12.  That  said  corporation  shall  have  full  power  and 
authority  to  deposit  any  portion  of  their  unemployed  cap- 
ital or  other  funds,  at  any  time  in  their  possession,  with 
any  corporation,  company  or  individual  in  any  section  of 
the  United  States,  and  to  use  the  same  as  they  may  think 
proper,  in  order  to  facilitate  exchanges,  and  to  do  and 
perform  all  such  acts  and  things  as  may  be  requisite  in  all 
such  transactions,  and  for  the  best  interest  of  said  cor- 
poration. 


aenl  estate. 


369  1853. 

§  13.  The  expenses  incurred  hy  tlie  commissioners  inKspcnses. ' 
executing  duties  required  by  tiiis  act  shall  be  paid  out  of 
money  received  by  tliem  of  the  subscribers  to  the  capital 
stock,  and  may  be  retained  by  them  for  such  purposes, 
and  the  balance  so  received  shall  be  paid  over  to  the  direc- 
tors after  they  shall  have  been  chosen. 

§  14.  All  policies  of  insurance  by  them  made  shall  bepoucics. 
subscribed  by  the  president,  or  in  case  of  his  death  or 
absence,  by  such  other  person  as  may  be  authorized,  and 
countersigned  and  sealed  by  the  secretary  of  said  com- 
pany ;  and  ail  losses  arismg  under  any  policy  so  subscribed 
and  sealed,  may  be  adjusted  and  settled  by  the  board  of 
directors,  or  such  other  person  or  persons  as  said  board 
may  appoint  for  such  purpose. 

§  15.  In  case  of  any  loss  or  losses  Avhereby  the  capital  Losse.. 
stock  of  said  company  may  be  lessened  before  all  the  in- 
stalments are  paid  in,  each  proprietor's  or  stockholder's 
estate  shall  be  Jield  accountable  for  the  instalments  that 
may  remain  unpaid  on  his  share  or  shares  at  the  time  of 
such  loss  or  losses  taking  place,  and  no  subsequent  divi- 
dend shall  be  made  until  the  sum  arising  from  the  profits 
of  the  business,  or  by  advance  of  the  stockliolders  to  make 
g"od  said  capital  stock,  shall  have  been  added  thereto. 

§  16.  ^  If  agreaternumber  of  shares  shall  be  subscribed  stock. 
for  than  is  contemplated  in  the  second  section  of  this  act, 
the  same  shall  be  apportioned  amongst  the  subscribers  in 
such  equitable  manner  as  t!ie  said  commissioners  shall  ap- 
point :  Provided,  such  subscriptions  take  place  before  the 
election  of  directors,  and  if  after  their  election  then  the 
same  shall  be  appointed  by  said  directors. 

§    17.      The  business  of  the  company  shall  be  carried  on 
at  such  place  in  the  town  of  Woodstock,  or    elsewhere  by  ^^"'' 
agency,  as  the  directors  shall  direct;  and  at  such  agencies 
as  they  may  establish. 

§   18.     This  corporation  may  conduct  its  insurance  bu- banner  ot  ( 
siness  in  part  or  entirely  upon  the  principle  of  mutual  in-  '^"^^^'"'^     '' 
surance,  if  preferred  by  its  stockholders  or  directors:  Fro- 
vided,  always,  that  alfrisks  are  assessed  at  their  cost  value 
of  hazards,  and  the  premium  shall  be  paid  in  cash,  or  its 
equivalent,  when  the  policy  is  issued. 

§  19.  This  act  shall  be  and  it  is  hereby  declared  to  be, 
a  public  act,  and  the  same  shall  be  construed  liberally  for 
the  beneficial  purposes  herein  granted  ;  and  the  corpora- 
tion hereby  created  shall  take  effect  and  be  in  force  from 
and  after  the  passage  thereof,  and  shall  continue  in  force 
for  the  term  of  fifty  years,  and  no  longer. 

§  20.  This  charter  shall  be  void  and  of  no  effect  unless 
the  company  shall  commence  operations,  agreeably  to  the 
provisions  thereof,  within  two  years  after  the  passage  of 
this  act.  ^ 

[Y] 


Publi 


Lifein.urancc.  ^  21.  In  effecting  insuiance  on  lives  agreeably  with 
the  power  conferred  by  this  charter,  it  shall  be  the  duty  ol 
the  directors  to  have  kept  a  separate  account  for  this  c  ass 
of  business,  distinct  from  the  other  insurances,  which  shall 
not  be  effected  by  the  loss  or  gains  of  their  other  insurance 
business.  And  it  shall  and  may  be  lawful  for  the  said  di- 
rectors to  allow  all  persons  so  insuring  such  part  of  the 
net  profits  or  earnings  of  this  department  of  the  company  s 
business  as  may  be  deemed  for  the  mutual  interest  of  the 
assured  and  assurers.  ,   .      ,  .         .     ,    n  r 

5  22  That  nothing  contained  in  this  act  sliall  be  so 
Mni^ing'^'prM-  construcd  as  to  authorize  said  company  to  perform  any 
'"'"'  banking  privileges,  or  to  issue  any  certificates  of  deposit 

to  circulate  as  money  or  currency. 
Approved  February  12,  185^. 


BoarJ 
tors. 


10  AN  ACT  to  incorporate  the  Western  Marine  and  Fire  Insurance  Company. 

Section  1.  Be  it  enacted  hy  the  people  oj  the  state  of 
Illinois,  represented  in  the  GeneralJissemhly,  That  Gur- 
don  S.  Hubbard,  George  W.  Dole,  John  H.  Kinzie,  John 
M.  Wilson  and  Mark  Skinner,  and  all  other  persons  who 
shall  hereafter  become  stockholders  in  the  corporation 
hereby  created,  shall  be  a  body  politic  and  corporate,  by 
the  name  of  "The  Western  Marine  and  Fire  Insurance 
Company,"  and  by  such  name  shall  have  succession  and 
continue  in  existence  for  fifty  years  from  the  time  when 
this  act  shall  take  effect,  and  may  sue  and  be  sued,  and 
have  all  other  rights  and  privileges  ordinarily  granted  to 
corporations. 

5  2  The  persons  above  named  shall  constitute  the  hrst 
"'"board  of  directors,  and  shall  hold  their  office  until  the  first 
INIonday  in  January,  A.  D.  1854,  and  until  their  successors 
are  elected  ;  and  on  the  first  Monday  in  January  of  each 
year,  during  the  continuance  of  said  corporation,  an  elec- 
tion of  dire'ctors  for  said  corporation  shall  be  held  in  the 
city  of  Chicago,  at  such  hour  and  place  as  the  board  of 
directors  shall  appoint.  The  stockholders  in  said  corpo- 
ration, in  person  or  by  proxy,  shall  be  entitled  to  one  vote 
for  each  share  of  stock  held  by  them  respectively  at  the 
time  of  such  election,  and  the  persons,  to  the  number  of 
five,  being  stockholders  and  residents  of  this  state,  receiving 
the  highest  number  of  votes  at  such  election,  shall  be  de- 
clared elected  directors  of  said  corporation  for  one  year, 
and  shall  liold  their  office  until  tlie  next  annual  election  aim 
until  their  successors  are  appointed.      The  number  of  di- 


rectors  may  be  increased  to  nine,  at  the  discretion  of  the 
board  of  directors,  and  shall  all  be  elected  in  the  same 
manner,  and  for  the  same  length  of  time. 

§  3.  The  directors,  when  chosen,  shall  meet  as  soon  as  Meetings. 
may  be  after  every  election,  and  siiall  choose  out  of  their 
number  a  president,  who  shall  be  sworn  or  affirmed  faith- 
fully to  discharge  the  duties  of  his  office,  and  shall  preside 
for  one  year  and  until  another  person  shall  be  chosen  in  liis 
stead,  and  also  a  vice  president  for  the  same  time.  The 
directors  shall  also  have  power  to  appoint  a  secretary  and 
all  subordinate  officers  of  said  corporation,  to  fix  their  com- 
pensation, define  their  powers  and  prescribe  their  duties; 
and  all  officers  of  said  corporation  who  shall  hold  tlieir  of- 
fice by  virtue  of  appointment  made  by  the  directors  of  said 
corporation  shall  execute  such  bond  and  in  such  penal  sum  svejiond. 
and  with  such  sureties  and  securities  as  the  directors  shall 
prescribe  from  time  to  time,  and,  excepting  the  president, 
shall  hold  their  offices  during  the  pleasure  of  the  board  of 
directors. 

§  4.  Any  four  of  the  directors,  including  the  president,  Quorum. 
or  in  case  of  his  death  or  absence,  including  the  vice  pres- 
ident, shall  be  a  board  competent  to  transact  all  business 
of  said  corporation,  and  all  questions  shall  be  decided  in 
the  meetings  of  said  board  by  a  majority  of  votes.  The 
board  of  directors  may,  upon  the  death  or  resignation  of 
the  president,  vice  president  or  other  director,  fill  such  va- 
cancy or  vacancies  from  time  to  time  as  they  occur, 
and  the  persons  so  elected  shall  hold  their  offices  until 
the  succeeding  annual  election  and  until  their  successors 
are  elected. 

§  5.     The  stock,  property  and  business  and  interests  of  M-inafement 
said  corporation  shall  be  managed  and   conducted  by  the 
president  and  directors  of  said  corporation. 

§  6.  The  capital  stock  of  said  corporation  shall  be  two  capital  stock. 
hundred  and  fifty  thousand  dollars,  to  be  divided  into  shares 
of  one  hundred  dollars  each,  to  be  paid  in  such  instalments 
as  the  board  of  directors  of  said  corporation  may  from  time 
to  time,  at  their  discretion,  appoint  and  order.  The  said 
capital  stock  may  hereafter  be  increased  to  an  amount  not 
exceeding  five  hundred  thousand  dollars,  in  the  discretion 
of  the  board  of  directors,  and  the  stock  of  said  corporation 
shall  be  transferable  on  the  books  of  said  corporation,  and 
not  otherwise. 

§  7.  The  directors  of  said  corporation  shall  receive  sui.sciiDtions. 
subscriptions  for  the  capital  stock  of  said  corporation  at 
such  times  and  places  as  may  be  ordered  by  a  majority  of 
said  board  of  directors  ;  and  whenever  fifty  thousand  dol- 
lars shall  have  been  actually  paid  in  upon  the  subscriptions 
for  the  capital  stock  of  said  corporation,  the  board  of  di- 
rectors may  exercise  all  the  powers,  franchises  and  privi- 


leges  granted  by  this  act,  and  shall  be  subject  to  all  liabil- 
ities and  duties  incident  to  their  incorporation. 
in^^iirance.  §  8.     The  Corporation  hereby  created  shall  have  power 

and  authority  to  make  marine  insurance  upon  vessels, 
goods  and  merchandise,  freights,  money,  bottomry,  respun- 
dentia^  interest,  and  on  all  marine  risks  and  inland  naviga- 
tion and  transportation,  and  against  all  losses  by  fire  of  any 
buildings  or  liouses,  goods,  wares  and  merchandise  what- 
soever, and  vessels  on  the  stocks,  and  also  to  receive 
moneys  on  deposit  and  to  loan  the  same  on  bottomry  and 
respondentia,  or  otherwise,  at  such  rates  of  interest  as  may 
now  be  done  by  the  existing  laws  of  this  state,  and  they 
may  also  cause  themselves  to  be  reinsured  against  any  mar- 
itime or  other  risk  upon  which  they  have  made  insurance, 
and  upon  the  interest  which  they  may  have  in  any  vessel, 
goods  or  merchandise  or  houses,  as  their  own  property,  or 
in  virtue  of  any  such  loan,  whether  on  bottomry  and  respoii- 
dentia,  or  otherwise,  on  such  terms  and  conditions  as  may 
be  agreed  upon  by  the  parties,  and  to  fix  the  premiums 
and  terms  of  payment. 
rgjicie.s.  §  9.     All  policies  of  insurance  made  by  said  corporation 

shall  be  subscribed  by  the  president,  or  in  case  of  his  death 
or  absence,  by  the  vice  president,  and  countersigned  and 
sealed  by  the  secretary  of  said  corporation  ;  and  all  losses 
arising  under  any  policies  so  subscribed  and  sealed  may  be 
adjusted  and  settled  by  the  president  or  secretary,  under 
such  regulations  and  orders  as  the  board  of  directors  may 
from  time  to  time  prescribe. 
Not  take  risks  §  ^^-  ^^^^  ^^'^  Corporation  shall  not  take  any  risk,  nor 
'iiiuii  $50,000  is  subscribe  any  policy  by  virtue  of  this  act,  until  fifty  thou- 
sand dollars  of  the  capital  stock  thereof  shall  have  been 
actually  paid  in  ;  and  in  case  of  any  loss  or  losses  whereby 
the  capital  stock  of  said  corporation  shall  be  lessened  be- 
fore all  the  instalments  are  paid  in,  each  stockholder's  es- 
tate shall  be  held  accountable  for  the  instalments  that  may 
remain  unpaid  on  his  share  or  shares  at  the  time  of  such 
loss  or  losses  taking  place  ;  and  no  subsequent  dividend  shall 
be  made  until  the  sum  arising  from  the  profits  of  the  busi- 
ness of  said  corporation,  equal  to  such  diminution,  shall 
have  been  added  to  the  capital  stock  ;  and  once  in  every 
three  years,  and  oftener  if  required  by  a  majority  of  the 
votes  of  the  stockholders,  the  directors  shall  lay  before  the 
stockholders,  at  a  general  meeting,  an  exact  and  particu- 
lar statement  of  the  profits,  if  any  there  be,  after  deducting 
losses  and  dividends. 
MevcimudiHe,  &c  §11-  The  Said  corporation  shall  not,  directly  or  indi- 
rectly, deal  or  trade  in  buying  or  selling  any  goods,  wares 
or  merchandise  whatever;  but  the  president  and  directors 
may,  at  their  option,  vest  the  capital  stock  of  said  corpo- 
ration in  the  capital  stock  of  any  incorporated  bank,  trust 


i 


373  1853. 

company  or  public  funds  of  the  United  States  or  any  state 
in  the  Union.  Tliey  shall  have  power,  also,  to  loan  to  any 
citizen  of  this  state  any  portion  of  their  capital  stock,  not 
exceeding  ten  thousand  dollars  to  one  individual,  on  bot- 
tomry, bond,  mortgage  of  real  estate,  or  other  satisfactory 
security,  at  their  discretion,  for  such  interest  as  is  now  al- 
lowed by  the  laws  of  this  state. 

§  12.  The  said  corporation  shall  have  power  and  au- Loa-i  mouc: 
thority  to  loan  any  money  or  funds  which  they  may  have  in 
their  own  right  or  as  trustee  for  others  as  herein  provided, 
and  to  draw  drafts  for  the  same  at  pleasure,  but  shall  not 
have  power  to  issue  any  certificate  of  deposit,  bill  or  other 
paper  in  the  similitude  of  money,  to  be  used  as  a  circula- 
ting medium  or  as  currency. 

§  13.  The  said  corporation  may  purchase  and  liold  such  ii^^i estate, 
real  estate  as  may  be  deemed  necessary  for  the  transaction 
of  its  business,  and  to  an  amount  at  any  one  time  not  ex- 
ceeding fitty  thousand  dollai's,  and  may  take  and  hold  any 
real  estate  as  security,  mortgaged  or  pledged  to  said  cor- 
poration, to  secure  the  payment  of  any  debt  due,  or  that 
may  become  due  to  it;  and  also,  may  purchase  on  sales  made 
by  virtue  of  any  judgment  at  law,  or  any  decree  in  equity 
or  otlierwise,  and  may  take  and  receive  any  real  estate  in 
payment  or  towards  satisfaction  of  any  debt  previously 
contracted  or  due  to  said  corporation,  and  may  hold  the 
same  until  they  can  conveniently  and  advantageously 
sell  and  convert  the  same  into  money  or  other  pe-^onal 
property,  and  may  sell  and  convey  said  real  estate  or  any 
part  thereof. 

Approved  February  10,  1853. 


AN  ACT  to  incorporate  the  Boone   County  IMutual   Insurance   Company,  in  for.-p  .la 

1S53. 

Section  1.  Bt  it  enacted,  hy  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Jlsseinhty,  That  from 
the  time  this  act  shall  take  effect,  Joel  Walker,  N.  C.  Ams-  cono  arr>r- 
den,  Daniel  Leonard,  Alexander  Neeiy,  Henry  L.  Crosby, 
William  S.  Dunton,  James  H.  Carpenter,  George  Water- 
man, B.  F.  Lawrence,  James  Bennet  and  M.  G.  Leonard, 
and  all  other  persons  who  may  hereafter  associate  with 
them,  in  the  manner  herein  prescribed,  shall  be  a  body 
politi*'  and  corporate,  by  the  name  ot  "Tlie  Boone  County  Name. 
Mutual  Insurance  Company." 

§   2.     The    corporation   hereby    created  may  become  a  Genera!  re 
party  to  suits  at  law,  may  make    by-laws  not  inconsistent 
with  any  existing  law,  for  the  regulation   of    its   affairs, 


1853.  374 

have  and  use  a  common  seal,  and  alter  the  same  at 
pleasure  ;  and  in  addition  to  the  general  powers,  shall  have 
power  hy  instrument,  under  seal,  or  otherwise  :  1st.  To 
make  insurances  on  all  descriptions  of  property  against 
loss  or  damage  hy  fire  ;  2d.  To  make  insurance  on  all 
descriptions  ot  boats  and  vessels,  the  cargoes  and  freights 
thereof,  and  on  bottomry  and  respondentia  interests, 
against  tiie  perils  of  marine  or  inland  navigation;  3d.  To 
cause  themselves  to  be  reinsured  against  any  risk  on 
which  they  have  made  insurance. 
lagcmeni.  or  §  3.  All  die  incorporate  powers  of  the  said  company 
'"^■""  shall  be  exercised   by  a  board    of  directors,   consi&'.ing  of 

eleven  jjersins,  all  of  whom  shall  be  citizens  of  this  state,  and 
such  officers,  clerks  and  agents  as  the  said  board  may  ap- 
point;  the  directors  shall  hold  their  office  two  years,  and 
until  others  are  elected  ;  they  shall  elect  from  their  own 
body  a  president,  vice  president  and  secretary,  who  shall, 
each  respectively,  hold  office  during  the  aforesaid  term  of 
two  years,  and  until  others  are  elected,  but  nothing  herein 
shall  be  so  construed  as  to  prevent  a  director,  or  other 
officer,  whose  term  has  expired,  or  is  about  to  expire,  from 
being  again  eligible.  Seven  members  of  tlie  board  shall 
constitute  a  quorum  for  the  transaction  of  business.  The 
persons  named  in  the  first  section  of  this  act  shall  consti- 
tute the  first  board  of  directors,  and  their  term  of  office 
shall  commence  at  the  time  of  the  organization  of  the 
company. 
iKcip?.  §   4.     The  board   of  directors  shall  have   power  to  fill 

any  vacancy  that  may  occur  in  their  own  body,  a  plurality 
of  votes  constituting  a  choice;  they  shall  also  choose  in  the 
same  manner,  previous  to  tlie  biennial  election  of  directors, 
three  inspectors  of  election,  whose  duty  it  shall  be  to 
canvass  the  votes  cast  thereat  and  declare  the  result;  the 
said  inspectors  shall  also  be  judges  of  the  qualification  of 
voter.?.  Notice  of  such  elections  shall  be  given  by  publica- 
tion in  one  or  more  weekly  newspapers  published  in  said 
county  of  Boone,  at  least  three  weeks  previous  thereto, 
over  the  signature  of  an  officer  of  ti)e  company. 
oiis  lakinK  §  5.  Every  person  or  firm  taking  a  policy  of  insurance 
"^' "•  from  the  said  company,  shall  thereupon  become  a  member 

thereof,  and  shall,  at  all  elections  of  directors,  thereafter, 
be  entitled  to  vote  upon  his  or  their  dividend  certificates 
issued  as  hereinafter  provided,  in  the  ratio  of  one  vote  for 
every  five  dollars  of  such  certificates  :  Provided^  that  if 
any  such  election  shall  be  held  previous  to  the  first  divi- 
dend of  profits,  eacli  member  of  said  company  shall  be  en- 
titled to  vote  thereat  in  the  ratio  of  one  vote  for  every  ten 
dollars  of  premium  previously  by  him  or  them  paid  or 
agreed  to  be  paid  to  the  said  company  :  »iind  provided, 
that  in  no  case  shall  any  person  or  firm  be  entitled  to  more 


376  1853. 

than   fifty   votes,  except  as   provided   in  section  eight  of 
this  act. 

§  6.  It  shall  be  the  duty  of  the  corporators  named  in  Duty  of  conor 
the  first  section  of  this  act,  or  any  number  of  them  not  less  '"°'"^" 
than  five,  within  two  years  after  this  act  takes  effect,  to 
open  books  to  receive  applications  for  insurance  to  be 
effected  by  said  company,  and  after  the  receipt  of  such 
applications  to  the  amount  of  one  thousand  dollars,  the 
books  may  be  closed  and  the  company  organized. 

§  7.  All  premiums  upon  policies  having  one  year  or  i'^tiiiiu!:;=. 
less  *.o  run,  shall  be  payable  in  cash,  in  advance,  and  for 
premiums  on  policies  for  a  term  of  years  the  company 
may  receive  notes  payable  in  equal  annual  instalments, 
except  the  premium  for  the  first  year,  which  shall  be  paid 
in  cash  when  the  policy  is  issued;  and  no  premium  so  paid 
or  agreed  to  be  paid  shall  be  thereafter  withdrawn  during 
the  life  of  tiie  policy,  but  shall  remain  liable  for  all  losses 
and  expenses  incurred  by  the  company. 

§  8.  For  the  better  security  of  policy  holders,  the  said  Guaranty. 
company  may  receive  guaranty  notes,  to  be  approved  by 
the  board  of  directors,  to  the  amount  of  fifty  thousand  dol- 
lars, the  signers  whereof  shall  be  paid,  in  consideration  of 
such  guaranty,  a  compensation,  to  be  determined  by  the 
board  of  directors,  but  not  to  exceed  seven  per  cent,  per 
annum.  Such  notes  shall  be  entitled  to  representation  at 
elections  of  directors  in  the  same  ratio  as  dividend  certifi- 
cates, and  shall  be  liable  for  losses  wlienever  the  premi- 
ums theretofore  received  are  insuificient  to  pay  the  same  : 
Provided^  that  assessments  so  made  on  such  notes  shall  be 
reimbursed  from  the  funds  of  the  company  before  any 
dividend  of  profits  shall  thereafter  be  made.  The  said 
guaranty  notes  may  be  withdrawn  at  the  option  either  of 
the  signer  or  of  a  majority  of  the  directors,  by  giving  one 
month's  notice,  but  such  withdrawal  shall  not  operate  to  re- 
lease any  liabilities  already  attaching  on  any  notes  so  with- 
drawn. 

§   9.     It  shall  be  lawful  for  the   said   company  to  issue  stock  poucies, 
stock  policies,  so  called,  to  persons  not  desirous  of  partici- 
pating in  the  profits  or  losses  of  the  company,  and  all  gains 
or  losses  on  such  policies  shall  be  passed  to  the  account 
of  profit  and  loss  on  the  books  of  the  company. 

§  10.  It  shall  be  lawful  for  the  said  company  to  invest  Disposition  m 
their  funds  in  bonds  and  mortgages  on  unincumbered  real  ^"°''** 
estate  worth  fifty  per  cent,  more  than  the  sum  loaned 
thereon,  in  any  stocks  created  by  or  under  the  laws  of  this 
state,  or  of  the  United  States,  and  on  bottomry  and 
respondentia^  or  otherwise,  at  the  discretion  of  the  board 
of  directors,  and  to  change  and  re-invest  the  same. 

§   11.     By  the  first  day  of  February,  one  thousand  eight  statements, 
hundred  and  fifty-five,   ;nd  annually  thereafter,  the  officers 


1853.  376 

of  the  company  shall  cause  a  true  statement  of  its  affairs 
to  be  made,  they  sliall  estimate  the  profits,  if  any,  that  have 
accrued  on  policies  issued  prior  to  the  first  day  of  Jan- 
uary last  preceding,  and  issue  certificates  thereof  to  the 
holders  of  such  policies,  in  proportion  to  the  amount  of 
premium  thereon  paid  in  cash.  Such  certificates  shall  bear 
an  annual  interest  of  six  per  cent.,  and  shall  be  redeemable 
whenever  the  accumulated  profits  exceed  fifty  thousand 
dollars,  so  far  and  as  fast  as  the  same  can  be  redeemed  by 
such  excess;  certificates  for  the  first  year's  profits  taking 
priorty,  and  so  on  thereafter  in  regular  succession.  Never- 
theless, each  such  certificate  shall  contain  a  proviso,  tiiat 
the  sum  theiein  named  is  liable  for  future  losses  at  any 
time  previous  to  its  redemption,  as  provided  in  the  seventh 
section  of  this  act. 

icatu.n     of      §   12.     The  annual  statement  as  aforesaid  shall   be  full 

Lament.  g^^^J  Complete,  and  shall  be  published  in  one  or  more  news- 
papers in  said  county,  weekly  for  four  weeks,  immediately 
after  the  same  shall  liave  been  made. 

;.  §   13.     Suits  at  law  may  be  prosecuted  and  maintained 

by  any  member  against  said  corporation  for  the  losses  and 
damages  insured  against  by  them,  if  payment  is  withheld 
more  than  sixty  days  after  the  same  shall  have  been  duly 
proven  up,  and  any  member  of  the  compr^ny,  not  being  in 
his  individual  capacity  a  party  therein,  shall  be  deemed  a 
competent  witness  in  any  suit  against  the  company.  ^^11 
process  against  said  company  may  be  served  upon  the 
president  or  secretarv. 

^-  §   14.     The  office  of  said  company  shall  be  located  and 

kept  in  the  village  of  Btlvidere,  in  said  county  of  Boone. 
Nothing  contained  in  this  act  shall  be  so  construed  as  to 
confer  any  banking  privileges  whatever,  nor  shall  any  cer- 
tificate or  e\'idence  of  stock  or  debt  be  allowed  to  circu- 
late as  money,  under  penalty  of  forfeiture  of  the  charter. 
§  15.  This  act  shall  take  effect  immediately  after  its 
passage  and  approval,  and  continue  in  force  fifty  years, 
but  may  at  any  time  be  altered,  amended  or  repealed  by 
the  legislature  of  the  state  of  Illinois. 
Approved  January  27,  1853. 


In  force  Feb.  12,  AN  ACT  to  incorporate  the   Stephenson  County  Mutual  Fire   Insurance 
^^^"'  Company. 

Section   1.     Be  it  enacted  hi/  the  jieople  of  the  state  of 

Illinois,   rejirescnted  in  the  General  ^isscmbl//.  That  Wil- 

corpoiaioiK.       Ham  D.  Fisher,  John  K.  Brewster,  Silas  D.  Clark,  Charles 

Powell,  Josepii  A.  W.  Donohoo,  John  Black,  Samuel   D. 


377  1853. 


Kniglit,  Ebenezer  H.  Hyde,  George  Purington,  Loyal  L. 
Munn,  and  all  other  persons  who  may  become  members  of 
the  said  company  in  the  manner  herein  prescribed,  be  and 
t\\ey  are  hereby  incorporated  and"constituted  a  body  pol- 
itic and  corporate,  by  the  name  and  style  of  "  The  Ste-  stvir. 
phenson  County  Mutual  Fire  Insurance  Company,"  and 
for  the  term  of  twenty  years  from  the  passage  of  this  act, 
for  the  purpose  of  insuring  their  dwelling  houses,  stores,  p„vpo<es 
siiops  and  other  buildings,  household  furniture  and  mer- 
chandise, and  other  personal  property,  against  loss  or  dam- 
age by  fire,  whether  the  same  shall  happen  by  accident, 
lightning  or  any  other  means,  excepting  that  of  design  in 
the  assured,  or  by  the  invasion  of  an  enemy  or  insurrection 
of  the  citizens  of  this  or  any  of  the  United  States  ;  and  by 
that  name  may  sue  and  be  sued,  plead  and  be  impleaded',  p^^^^^- 
appear,  prosecute  and  defend,  in  any  court  of  record  or  oth- 
er place  whatever;  may  have  and  use  a  common  seal; may 
purchase  and  hold  such  real  and  personal  estate  as  may  be 
necessary  to  effect  the  object  of  their  association,  and  the 
same  may  sell  and  convey  at  pleasure  :  Provided,  such 
real  estate  shall  not  exceed  one  hundred  and  sixty  acres  ; 
may  make,  establish  and  put  into  execution  such  by-laws, 
ordniances  and  resolutions,  not  being  contrary  to  the  laws 
of  this  state  or  of  the  United  States,  as  may  seem  necessa- 
ry or  convenient  for  their  regulation  and  'government  and 
for  the  management  of  their  affairs,  and  do  and  execute  all 
suc.i  acts  and  things  as  may  be  necessary  to  carry  into  full 
effect  tlie  purposes  intended  by  the  charter. 

§  2.  That  all  and  every  person  or  persons  who  shall,  at  Member. 
any  time,  become  interested  in  said  company,  by  insuring 
lierein,  and  also  their  respective  heirs,  executors,  admin- 
^rators   and  assigns,  continuing  to  be  insured  therein,  as 
J^einafter  provided,    shall   be    deemed   and    taken   to  be 
"Rubers  thereof  for  and  during  the  term  specified  in  their 
ye=>ective  policies,  and  no  longer,  and  shall,  at  all  times, 
oe  \ncluded  and  bound  by  the  provisions  of  this  act. 
r^nrt'     7^^^^'^  ^'^^^^  ^^  ^  meeting  of  said  company  at  Free-  Meet-„« 
P"^^Jn  the  county  of  Stephenson,  state  of  Illinois,  on  the 

rV^'   ^naay  of  ,  annually,  or  on   such  other  day   as 

nnnai^°'^P^''^'  ""^^^  hereafter  determine;  at  which  first 
St   ei°^^"^^  ^^^^^^  ^^  chosen,  bj  a  majority  of  the  votes 
T    Um^  ^^'  ^^^^  members  present  or  by  proxy,  a  board  of  Directors. 

mei"r°"^'^^'"S  °^  "°^  ^"°^'*^  t^'^"  fifteen  nor  less  tiian 
1^^"  phm^'  ^''''"  ^''^^^  continue  in  office  until  others  have 
a  cie^  ^""^  accepted  the  trust  in  their  stead.  In  all 
y!^'^..  s{?pening  in  said  board,  whether  by  removing  vacancies. 
1°  .  .1  '  dying  or  refusing  or  neglecting  to  act  for  and 
v^rv^npf^  °^  ^''^^'®  months  successively,  then,  and 
"lace  of  eachf '  ^"^^her  director  shall  be  chosen  in  the 
P  Vctor  so  removing,  dying,  refusing  orneg- 


\ 


1853.  378 

lecting  to  act  as  aforesaid,  by  a  majority  of  the  directors 
present  at  any  monthly  meeting ;  which  directors  so  chosen 
shall  remain  in  office  until  the  next  general  election  of  di- 
rectors, and  a  majority  of  the  whole  board  shall  constitute 

Classification,  a  quorum  for  the  transaction  of  business.  At  their  first 
regular  meeting  the  board  of  directors  shall  class  them- 
selves by  lot  into  three  classes  of  an  equal  number  each, 
the  term  of  whose  service  shall  respectively  expire  as  fol- 
lows :  the  first  class  in  one  year,  tlie  second   class  in  two 

.Special  meetinge  years,  and  the  third  class  in  three  years.  Special  meetings 
of  the  company  m?y  be  called  by  order  of  the  directors,  or 
whenever  the  owners  of  one-tenth  part  of  the  property  In- 
sured in  said  company  shall  apply  to  the  directors,  setting 
forth  in  writing  the  purpose  for  which  a  meeting  is  desired. 

powei  of  dircc-  §  4.  The  board  of  directors  shall  elect  a  president, 
vice  president,  secretary  and  treasurer,  who  shall  hold 
their  respective  offices  for  the  period  of  one  year,  and  un- 
til others  are  chosen  in  their  place.  The  board  of  direc- 
tors may  also  appoint  an  executive  committee  from  their 
own  members,  and  such  committee,  when  tlie  board  is  not 
in  session,  may  exercise  all  the  powers  vested  in  the  com- 
pany, except  where  the  company  has,  by  its  by-laws,  other- 

officcvis.  wise  provided.     The  board  of  directors  may  also  appoint 

examiners,  agents  and  such  subordinate  officers  as  they 
shall  deem  necessary,  who  shall  hold  their  offices  during  the 

"'erintend"  *"' pl^asure  of  the  board.     The   board  of  directors  shall  su- 
perintend the  concerns  of  said  company,  and  shall  have  the 
management  of  the  funds  and  property  thereof,  and  of  all^ 
matters  and  things  thereunto  relating,  not   otherwise  pro-  . 
vided  for  by  said  company. 

onicers        and      ^   5.     It  shall  be  the  duty  of  the  directors  of  said  co'" 

''^^"  *"  pany  to  prescribe  the  duties  of  their  respective  officers  'd 

agents,  and  fix  their  compensation,  and  take  such  seci'v 
from  them  as  they  may  deem  necessary  for  the  faithfu^*^^- 

'raiice."^  '"""' formancc  of  their  respective  duties;  they  shall  also  -^^r- 
mine  the  rates  of  insurance,  the  sum  to  be  insured  ^  ^"J 
building  not  exceeding  two-thirds  of  its  value,  n-  two- 
thirds  the  value  of  personal  property,  and   the  s-^  ^^  "^ 

pouoics.  deposited  for  the  insurance  thereof.     They  shall /er  and 

direct  the  making  and  issuing  of  all  policies  of  '"^*a»ce, 
the  providing  of  books,  stationery  and  other  th>^ '^^^^^ul 
for  the  office  of  said  company,  and  for  carrYir*^"  ''^  ^'" 
fairs  thereof,  and  may  draw  upon  the  treasurf!^^'"'*^  P^J" 

Logees.  ment   of  all  losses    which  may   have    happ' ' '   .^"^  ^o^ 

expenses  incurred  in  transacting  the  concer"**^^^^"  com- 
pnny,  and  may  hold  their  meetings  monthl '"  . '?^^"®^'  ^f 
necessary,  for  transacting  the  business  of,.^^  compa- 
ny, and  shall  keep  a  record  of  their  pro^J^'^^s,  and  any 
director  disagreeing  with  a  majority  of     ^^^"j  at   any 


379  1853. 

meeting,  may  enter  his  dissent,  with  his  reasons  tlierefor, 
on  record. 

§   G.     It  shall  be  the  duty  of  the  directors  of  said  com- Procire   a    fire 
panv,  whenever  the  premium  notes  siiall  amount  to  the  sum  '^''''°'  ^""'''"s- 
of  one  hundred  thousand  dollars,  or  before,  if  it  should  be 
thought  expedient,  to  build  or  cause  to  be  built,  or  procure 
for  tiie  use  of  said  company,  a  lire  proof  building,  suitable 
for  the  transaction  of  business,  and  for  the  preservation  of 
the  funds   and  other  property  belonging  to  said   company 
from  destruction,  by  reason  or  means  of  fire  ;  and  for  the 
purj'ose  of  provid'ngsaid  building,  ii.'».  directors  may  assess  ■'^^s'^^^l  pitmiuiu 
an}  sum  not  exceeduig  five  per  cent,  of  the  amount  of  pre- 
mium notes  aforesaid  in  any   one  year;  and  it  shall  be  the 
duty  of  the  directors  to  keep   said  building  in  proper  re- 
pair, and   to  renew  the  same  in  whole  or  in  part,  as  they 
may   think  necessary  and  expedient. 

§   7.     The  directors  may  extend  the   insurance   of  saidPo^e'tocxten"'- 
company  to  any  part  of  this  state  or  any  other  state  or  states 
which  they  may  deem   expedient  with  the  exceptions  and 
provisions  .hereinafter  enacted,  not  exceeding  the  sum  of 

thousand  dollars  in  any  one  risk,  at  such  rate  or 

rates  as  said  directors  may,  in  view  of  the  equitj  ot  the 
case  and  the  interest  of  the  company,  determine.  Insu- 
rance shall  be  made  in  all  cases  upon  the  representation  of 
the  assured  contained  in  his  application  therefor,  and  sign- 
ed b}  him  or  his  attorney,  which  representation  shall  in 
fairness  and  good  faith  state  all  the  material  circumstances 
willim  liis  knowledge  which  may  affect  the  risk  :  Provided^ 
thai  in  case  of  anj  loss  or  damage  by  fire,  the  valuation  of 
the  property  at  the  time  of  such  loss  or  damage  shall  be 
determined  by  the  award  of  impartial  men,  as  hereinafter 
provided. 

§  8.  Books  of  accounts,  written  securities  or  evidence  ^natnottieemed 
of  debt,  title  deeds,  manuscripts  or  writings  of  any  descrip-  ^.'aice?"*  '°*°" 
tion,  money  or  bullion,  shall  not  be  deemed  nor  taken  to  be 
objects  of  insurance  in  said  company.  Curiosities,  jewels, 
medals,  musical  instruments,  plate,  paintings,  sculpture, 
statuary,  watcties,  gold  or  silver  ware  of  any  kind,  shall  not 
be  deemed  to  be  included  in  any  policy  of  insurance  un- 
less those  articles,  or  any  of  them,  form  part  of  the  usual 
and  regular  stock  in  trade  of  the  assured,  or  are  particu- 
larly specified  in  the  policy. 

§  9.  The  rates  of  insurance  shall  be  from  time  to  time  premium  noUs. 
fixed  and  regulated  by  the  company,  and  premium  notes 
therefor  shall  be  received  from  the  insured,  which  shall  be 
paid  at  such  time  or  times  and  in  such  sum  or  sums  as  the 
company  shall  from  time  to  time  require  for  losses  and  ex- 
penses. Any  person  applying  for  insurance  so  electing 
may  pay  a  cash  premium  in  addition  to  the  premium  note. 


1853. 


380 


L<)6s  or  damage. 


or  a  definite  sum  in  money,  to  be  fixed  by  said  compan3',in 
full  for  said  insurance,  in  lieu  of  a  premiujn  note. 

§  lO.  The  said  company  may  divide  applications  for 
insurance  into  two  or  more  classes,  according  to  the  derrree 
of  hazard,  and  the  premium  note  shall  not  in  such  case 
be  assessed  for  the  payment  of  any  loss  except  in  the  class 
to  which  they  belong. 

§  11.  The  cash  premiums  received  by  the  said  com- 
pany for  risks  in  lieu  of  premium  notes,  and  the  cash  pre- 
miums received  in  addition  to  the  premium  notes,  shall  be 
applied  in  payment  of  losses  and  expenses  before  any  as- 
sessment shall  be  made  upon  the  said  premium  notes  ;  and 
the  said  cash  premiums,  together  with  the  premiums  notes, 
shall  constitute  the  capital  stock  of  this  company. 

§  12.  When  any  property  insured  by  this  company  s]>all 
be  alienated  by  sale  or  otherwise,  the  policy  shall  there- 
upon be  void.  But  in  such  cases  it  shall  be  lawful  for  such 
insured  to  assign  and  deliver  to  the  purchaser  or  purchasers 
such  policy  of  insurance,  and  such  assignee  or  assignees 
shall  have  all  the  benefit  of  such  policy,  and  may  bring  and 
maintain  a  suit  thereon  in  his  or  her  or  their  own  names  : 
Provided,^  that  before  any  loss  happens,  he,  she  or  they 
shall  obtain  the  consent,  in  writing,  of  the  said  company  to 
such  assignment,  and  have  the  same  indorsed  or  annexed 
to  the  said  policy  of  insurance. 

§  13.  Every  member  of  said  company  shall  be  and  is 
hereby  bound  to  pay  his  proportion  of  all  losses  and  ex-  " 
penses  happening  or  accruing  in  and  to  said  company  ;  and  ' 
all  buildings  insured  by  and  with  said  company,  together 
with  the  riglit,  title  and  interest  of  the  assured  to  the 
lands  on  which  they  stand,  shall  be  pledged  to  said  com- 
pany, and  the  said  company  shall  have  a  lien  thereon  against 
the  assured  during  the  continuance  of  his,  her  or  their  pol- 
icies. 

§    14.     The  board  of  directors  may  invest  and  employ 
the  funds  of  the  said  company  in  such  a  way  and  manner 
as  the  interest  and  welfare  of  tl 
Provided^  that  nothing  b 

them  to  engage  in  any  banking  operations,  or  to  traffic  m 
any  goods,  wares  or  merchandise,  or  to  exempt  anv  of  the 
property  of  said  company  from  taxation  except  the  premi- 
um notes. 

§  15.  In  case  of  any  loss  or  damage  liy  fire  happening 
to  any  member  upon  property  insured  in  and  with  said 
company,  the  said  member  shall  give  notice  thereof  in  wri- 
ting to  the  directors,  or  some  one  of  thei;;.  or  to  the  secre- 
tary of  said  company,  within  thirty  days  \  rom  the  time  such 
loss  or  damage  may  have  happened  ;  and  the  directors,  up- 
on a  view  of  the  same,  or  in  such  other  way  as  they  may 
deem  proper,  shall  ascertain  and  deterr.ine  the  amount  of 


way 
le   company  may  require  : 
herein  construed  as  authorizino- 


sai  i  loss  or  damage,  and  if  the  party  suffering  is  not  satis- 
fied with  the  determination  of  the  directors,  tlie  question 
may  be  submitted  to  referees,  or  the  said  party  may  bring 
an  action  against  said  company  for  said  loss  or  damage,  at 
the  next  court  to  be  holden  in  and  for  the  county  of  Ste- 
phenson, and  not  afterwards,  unless  said  court  shall  be  !iol- 
deu  v/ithin  sixty  days  after  said  determination  ;  but  if  hol- 
d  M)  witiiin  tliat  time,  then  at  the  next  court  holden  in  said 
:y  tiiereafter;  and  if  upon  trial  of  said  action  a  greater 
aall  be  recovered  than  the  amount  determined  upon 
•  directors,  the  party  suffering  shall  have  judgment 
or  aganist  said  company,  with  interest  thereon  from 
the  time  said  loss  or  damage  happened,  and  cost  of  suit. 
But  if  no  more  shall  be  recovered  than  the  amount  afore- 
said, the  said  party  shall  become  nonsuit,  and  the  said  com- 
pany shall  recover  their  cost:  Provided^  hoivever^  that  the 
judgment  last  mentioned  shall  in  no  wise  affect  the  claim 
of  said  suffering  party  to  the  amountofloss  or  damage  as  de- 
termined by  the  directors  aforesaid  :  ^dnd  provided,  a/so, 
that  execution  shall  not  issue  on  any  judgment  against  said 
company  until  after  the  expiration  of  three  months  from 
the  rendition  thereof. 

§  16.  The  directors  shall,  after  receiving  i:otice  of  any  p^ty 
loss  or  damage  by  fire  sustained  by  any  member,  and  as-  "'=' 
certaining  the  same,  or  after  the  rendition  of  any  judgment 
as  aforesaid  against  said  company  for  sucli  loss  or  damage  : 
Provided,  the  cash  fund  received  by  the  said  company  should 
not  be  sufficient  to  meet  said  loss  or  damage,  the  directors 
shall  settle  and  determine  the  sums  to  be  paid  by  the  sev- 
eral members  thereof  as  their  respective  proportions  of 
such  loss,  and  publisli  the  same  in  such  manner  as  they 
shall  see  fit  or  as  the  by-laws  may  have  prescribed;  and  the 
sum  to  be  paid  by  each  member  shall  always  be  in  propor- 
tion to  the  original  amount  of  his  premium  note  or  notes,  and 
shall  be  paid  to  the  treasurer  within  thirty  days  next  after 
the  publication  of  said  notice  ;  and  if  any  member  shall,  for 
the  space  of  thirty  days  after  such  notice,  neglect  or  refuse 
to  pay  the  sum  assessed  upon  him,  her  or  them  as  his,  her 
or  their  proportion  of  any  loss  as  aforesaid,  in  such  case 
the  directors  may  sue  for  and  recover  the  Avhole  amount  of 
his,  her  or  their  deposit  note  or  notes,  with  cost  of  suit, 
and  the  money  thus  collected  shall  remain  in  the  treasury 
of  said  company,  subject  to  the  payment  of  such  losses  and 
expenses  as  have  or  may  thereafter  accrue,  and  the  bal- 
ance, if  any  remain,  shall  be  returned  to  the  party  from 
whom  it  was  collected,  on  demand,  after  thirty  days  from 
the  term  for  which  insurance  was  made. 

§   17.     Said  company  may  make  insurance  for  any  term^^j^j 
not  exceeding  five  years  ;  and  any  policy  of  insurance  is-  nuce." 
sued  by  said  company,  signed  by  the  president  and  coun- 


il•ect<>r.^ 
case  'f  loss. 


tersigned  by  tlie  secretary,  shall  be  deemed  valid  and 
binding  on  said  company  in  all  cases  where  the  assured 
has  a  title  in  fee  simple,  unincumbered,  to  the  building- or 
buildings  insured,  and  to  the  land  covered  by  the  same  ; 
but  if  the  assured  has  a  less  estate  tlierein,  or  if  the  prem- 
ises be  incumbered,  the  policy  shall  be  void  unless  the  true 
title  of  the  assured  and  the  incumbrance  on  the  premises 
be  expressed  therein. 
Payment  of  loss-  §  18.  The  directors  shall  settle  and  pay  all  losses  with- 
^'  in  three  months  after  they  shall  have  been  notified  and  sat- 

isfactorily proven,  unless  they  shall  judge  it  proper,  within 
that  time,  to  rebuild  the  house  or  houses  destroyed,  or  re- 
pair the  damage  sustained,  which  they  are  empowered  to 
do  in  convenient  time  :  Provided,  they  do  not  lay  out  and 
expend  in  such  building  or  repairs  more  than  the  sum  in- 
sured on  the  premises,  but  no  allowance  is  to  be  made  in 
estimating  damages  in  any  case  for  gilding,  historical  or 
landscape  painting,  stucco  or  carved  work,  nor  are  the  same 
to  be  replaced  if  destroyed  by  fire. 
Policy  void.  §   19,     When  any  house  or  other  building  shall  be  alien- 

ated by  sale  or  otherwise,  the  policy  thereupon  shall  be 
void,  and  be  surrendered  to  the  directors  of  said  company 
to  be  cancelled,  and  upon  such  surrender  the  assured  shall 
be  entitled  to  receive  his,  her  or  their  deposit  note  upon 
the  payment  of  his,  her  or  their  proportion  of  all  losses  and 
expenses  that  have  accrued  prior  to  such  surrender  :  Pro- 
vided,  hoivever,  that  the  grantee  or  alienee  having  the  policy  J 
assigned  to  him  may  have  the  same  ratified  and  confii-med  ' 
to  him,  her  or  them  for  hiS;  her  or  their  own  proper  use  and 
benefit,  upon  application  to  the  directors,  and  with  their 
consent,  within  thirty  days  next  after  such  alienation,  on 
giving  proper  security  to  the  satisfaction  of  the  said  direc- 
tors for  such  portion  of  the  deposit  note  as  shall  remain 
unpaid,  and  by  such  ratification  and  confirmation  the  par- 
ty causing  the  same  shall  be  entitled  to  all  the  rights  and 
privileges,  and  subject  to  all  tlie  liabilities,  to  which  the 
original  insured  was  entitled  and  subjected  under  this  act. 
Alteration  in  §  ^0.  If  any  alteration  shall  be  made  in  any  house  or 
house.  building  by  the  proprietor  thereof,  after  insurance  has  been 

made  thereon  with  said  company,  wliereby  it  may  be  ex- 
posed to  greater  risk  or  hazard  from  fire  than  it  was  at  the 
time  it  was  insured,  then  and  in  every  such  case  the  insur- 
ance made  upon  such  house  or  building  shall  be  void,  un- 
less an  additional  premium  and  deposit  after  such  alteration 
be  settled  with  and  paid  to  the  directors,  but  no  alteration 
or  repairs  in  buildings,  not  increasing  such  risk  or  hazard, 
shall  in  any  way  affect  the  insurance  ])reviously  made 
thereon. 
Buii.iings  on  §  21.  In  casc  any  building  or  buildings  situated  upon 
leasod  lands,     jgg^gg^j  lands  and  insured  in  said  company  be  destroyed  by 


fii  e,  and  the  owner  or  owners  thereof  shall  prefer  to  re- 
cei\e  the  amount  of  such  loss  or  damage  in  money;  in  such 
case  the  directors  may  retain  the  amount  of  the  premium 
note  given  for  the  insurance  tliereof  until  the  time  tor 
which  insurance  was  made  shall  have  expired,  and  at  the 
expiration  thereof  the  assured  shall  have  the  right  to  de- 
maud  and  receive  such  part  of  said  retained  sum  or  sums 
as  has  not  (  been]  expended  in  losses  and  expenses. 

§  22.  If  insurance  on  any  house  or  building,  household  ^J^.'^J'  insurant 
fariiiture,  merchandise  or  other  property,  shall  be  and  sub- 
sist in  said  company  and  in  other  office,  or  from  and  by 
any  other  person  or  persons  at  the  same  time,  the  insur- 
ance made  in  and  by  this  company  shall  be  deemed  and 
become  void,  unless  such  double  insurance  subsist  by  and 
with  the  consent  of  the  directors,  signified  by  indorsement 
on  the  back  of  the  policy,  signed  by  the  president  and 
secretary. 

§   23.     Each  and  every  member  of  said  company  shall  Examination  ot 
be  entitled  to  and   allowed    an   examination   of  the  books, 
papers  and  general    transactions    of  said    company,  upon 
application  thereof  to  the  secretary. 

§   24.     It  shall  be  the  duty  of  the  directors  to  make  an  Report. 
annual  report  of  the  condition,  progress  and  affairs  of  said 
company,  a  copy  of  which  report  shall  be  furnished  to  the 
general  assembly. 

§   25,     The   operations  and   business   of  said  company  office. 
shall  be  carried  on  and  conducted   at  such  place  in  Free- 
port,  county  of  Stephenson,  as  a  majority  of  the  members 
present  at  any  regular  meeting  shall  designate. 

§   26.     The  fiscal  year  of  this  company  shall  commence  p-jgeaiycar. 

on  the  first  day  of ,  and  terminate  on  the  last  day  of 

in  each  year. 

§  27.  The  individuals  named  in  the  first  section  of  this  Diiecwrs. 
act  shall  be  and  they  are  hereby  constituted  a  board  of  di- 
rectors for  said  company,  to  serve  as  such  until  the  first 
annual  election  of  directors  therein  provided  for;  they 
shall,  if  they  think  proper,  have  power  to  make  up  their 
number  to  fifteen,  as  allowed  in  the  third  section  of  this 
act,  from  among  the  members  of  said  company,  and  all 
vacancies  which  may  occur  in  said  board  by  death,  resig- 
nation, removal  or  refusal  to  serve,  may  be  filled  by  the 
remaining  members  of  said  board,  and  a  majority  of  their 
number  at  any  time  shall  constitute  a  quorum  for  tiie  trans- 
action of  business  ;  they  may  call  the  first  meeting  of  the 
members  of  said  company,  at  any  suitable  time  and  place 
in  Freeport  aforesaid,  by  advertisement  in  the  several 
newspapers  printed  in  said  town,  giving  at  least  ten  days' 
notice  of  the  place,  time  and^'design  of  the  meeting  ;  they 
ma)'  make  and  establish  by-laws  for  the  government  of 
said  company,  until  the  first  annual  meeting  thereof,  and 


ia53.  384 

may  transact  any  business  necessary  and  proper  to  carry  into 
effect  the  provisions  and  intentions  of  this  act  :  Provided^ 
however^  that  no  policy  shall  be  issued  by  said  company 
until  his  excellency,  the  governor  of  the  state,  shall  have 
made  proclamation  tiiat  application  has  been  made  for  in- 
surance in  said  company  on  fifty  thousand  dollars  at  least, 
of  which  notice  shall  be  given  him  by  the  directors. 
wtionate  §  28.     If  it  sliall  ever  so  happen  that  the  whole  amount 

(lend.  q|-  jgpQsit  notes  shall  be  insufficient  to  pay  the  losses  oc- 
casioned by  any  one  fire,  in  sucii  case  the  sufferers  insured 
by  said  company  shall  receive,  towards  making  good  their 
respective  losses,  a  proportionate  dividend  of  the  whole 
amount  of  said  notes,  according  to  the  sums  by  them  re- 
spectively insured,  and  in  addition  thereto,  a  sum  to  be 
assessed  on  ail  the  members  of  said  company,  not  exceed- 
ing twent3^-five  cents  on  every  hundred  dollars  by  them 
respectively  insured;  and  the  said  members  shall  never  be 
required  to  pay  for  any  loss  occasioned  by  fire  at  one  time 
more  than  twenty-five  cents  on  each  hundred  dollars 
insured  in  said  company  in  addition  to  the  amount  of  his 
deposit  note,  nor  more  than  that  amount  for  any  such  loss 
after  his  said  note  shall  have  been  paid  in  and  expended, 
but  any  member,  upon  payment  of  the  whole  of  his  deposit 
note  and  surrendering  his  policy  before  any  subsequent 
loss  or  expenses  has  accrued,  may  be  discharged  from 
said  company. 

§   29.     This    act    shall    take    effect  from   and   after  its 
passage. 

Approved  February  12,  1853. 


,  AN  ACT  to  establish  the  Miners'  Insurance  Company. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois^  rej)resented  in  the  General  Assembly^  That  there 
shall  be  and  hereby  is  established,  in  the  city  of  Galena,  an 
insurance  company,  to  be  known  by  the  name  and  style  of 
"The  Miners'  Insurance  Company,"  with  a  capital  stock 
of  one  hundred  thousand  dollars,  divided  into  shares  of 
fifty  dollars  each,  which  may  be  increased,  at  the  will  of 
the  directors,  to  any  amount  not  exceeding  five  hundred 
thousand  dollars,  to  be  subscribed  and  paid  for  in  the  man- 
ner hereinafter  specified. 

§  2.  Lucius  S.  Felt,  Edward  Hempstead,  Benjamin 
H.  Campbell,  Samuel  Hughlett,  D.  A.  Barrows,  Natiian 
Corwith  and  Edwin  Ripley,  or  any  three  of  them,  be  and 
they  are  hereby  authorized  to  open  books  of  subscription 


385  1853. 

in  said  city  for  the  capital  slock  of  said  company,  at  such 
time  and  place  as  they  shall  think  proper,  after  giving 
twenty  days'  notice  of  the  same  in  either  of  tlie  puhlic 
newspapers  in  said  city  ;  said  books  to  be  kept  open 
for  the  space  of  five  days,  and  until  at  least  one  hun- 
dred shares  shall  be  subscribed,  when  the  same  may  be 
closed  ;  and  said  subscribers  may,  after  six  days'  notice 
being  given  by  said  commissioners  in  manner  aforesaid, 
meet,  and  under  inspection  of  said  commissioners,  choose 
their  directors,  who  may,  at  any  tirne  after  ten  days'  pub- 
lic notice  given,  cause  the  subscription  books  to  be  re- 
opened and  continue  open  until  the  whole  amount  of  said 
stock  shall  have  been  taken. 

^  3.  The  subscribers  of  said  stock,  their  associates,  p.o,i.v  crpo 
successors  and  assigns,  shall  be  and  they  are  hereby  de- "''"''"-• 
clared  a  body  politic  and  corporate,  by  the  name  and  style 
of  "  The  Miners'  Insurance  Company,"  and  shall  be  ca- 
pable in  law  of  contracting  and  being  contracted  with, 
suing  and  being  sued,  pleading  and  being  impleaded, 
answering  and  being  answered  unto,  defend  and  being  de- 
fended against,  in  all  courts  and  places  whatever,  in  all 
manner  of  actions,  suits,  complaints   and  causes. 

§  4.  The  said  corporation  may  have  and  use  a  common  General  pn^ 
seal,  which  they  may  change,  alter  or  break,  at  pleasure  ; 
and  may  also  make,  establish  and  put  in  execution  such 
by-laws,  ordinances  and  regulations,  as  shall,  in  their 
opinion,  be  necessary  for  the  good  government  and  man- 
agement of  the  affairs  of  said  corporation,  and  which  are 
not  repugnant  to  the  laws  and  constitution  of  this  state,  or 
of  tlie  United  States. 

§  5.  The  corporation  hereby  created  shall  have  fall  Marine  risks 
power  and  authority  to  take  all  marine  risks  of  any  and 
every  kind,  nature  and  description,  and  to  make  insurance 
upon  inland  navigation  and  transportation,  and  against 
losses  by  fire,  of  buildings  and  all  other  property  v/hatsoever, 
and  to  make  all  kinds  of  insurances  upon  lives,  and  all  such 
other  insurances  as  tiiey  may  deem  proper,  and  also  to  re- 
ceive moneys  on  deposit,  and  to  loan  the  same,  and  their 
surplus  or  unemployed  capital,  or  money,  on  personal, 
real,  or  other  security,  at  such  rates  of  interest  as  may  be 
done  under  the  existing  laws  of  this  state  ;  and  to  lend 
money  upon  respondentia  and  bottomry,  to  companies, 
corporations  and  individuals,  upon  sucli  security  as  they 
shall  think  proper.  They  may  also  cause  themselves  to 
be  insured  or  re-insured  against  all  or  any  risks  upon  which 
they  may  have  made  insurance,  and  also  upon  all  property 
of  every  kind,  or  any  interest  therein,  owned  by  said  com- 
pany, or  held  by  them  as  security,  and  generally  to  do  and 
perform  all  necessary  matters  and  things  relating  to  or 
connected  with  these  objects,  or  either  of  them. 
[Z  ] 


1853. 


386 


§  6.  The  payment  of  the  stock  subscribed  for  shall  be 
made  by  the  subscribers,  respectively,  at  the  time  and  in 
the  manner  following,  that  is  to  say — at  the  time  of  sub- 
scribing, there  shall  be  paid  on  each  share  one  dollar,  and 
tlie  balance  due  upon  each  share,  shall  be  subject  to  the 
call  of  the  directors,  under  such  penalties  as  the  board  of 
directors  may  appoint  and  order,  and  shall  be  secured  to 
be  paid  on  demand  by  approved  notes,  hypotiiecated  stock, 
mortgages  on  real  estate,  or  other  satisfactory  security. 
f  §  7.  The  stock  and  affairs  of  said  company  or  cor- 
poration aforesaid,  shall  be  managed  and  conducted  by 
seven  directors,  who  shall  be  stockholders  of  said  corpo- 
ration. They  shall,  after  the  first  year,  be  elected  on  the 
first  Tuesday  in  June  in  each  year,  at  such  time  and  place 
in  the  city  of  Galena  as  the  board  of  directors  for  the  time 
being  shall  appoint,  and  shall  hold  their  offices  for  one  year 
and  until  others  sliall  be  chosen  to  supply  their  places,  and 
no  loncjer  ;  ten  days'  public  notice  of  said  election  shall  be 
previously  given,  and  the  election  shall  be  held  under  the 
inspection  of  three  stockholders,  to  be  previously  appointed 
by  the  board  of  directors  for  that  purpose,  and  shall  be 
made  by  ballot,  by  a  plurality  of  the  stock  represented, 
allowing  one  vote  for  every  share,  and  stockholders  not 
personally  present  may  vote  by  proxy,  mailed  in  writing 
directly  to  the  person  representing  them  at  such  election. 
In  case  that  it  shall  happen  at  any  time  that  an  election  of 
directors  shall  not  be  made  on  any  day  when  pursuant  to 
this  act  it  ought  to  have  been  made,  the  said  corporation 
shall  not,  for  tliat  cause,  be  deemed  to  bf  dissolved,  but  it 
shall  and  may  be  lawful,  on  any  other  day,  to  make  and 
hold  an  election  of  directors,  in  such  manner  as  shall  be 
regulated  by  the  by-laws  and  ordinances  of  said  company. 

§  8.  The  directors  of  said  company  shall,  as  soon  as 
may  be  after  their  election,  in  each  year,  proceed  to  choose 
out  of  their  body  one  person  to  be  president,  who  shall 
preside  until  the  next  annual  election  thereafter ;  and  in 
case  of  the  death  or  resignation  of  the  president  or  any 
director,  the  vacancy  may  be  filled  by  the  board  of  direc- 
tors; and  in  case  of  the  absence  of  the  president,  the  board 
of  directors  shall  have  power  to  appoint  a  president  jiro 
tcm.^  who  shall  have  all  the  powers  and  perform  all  the 
duties  of  the  president  regularly  ciiosen. 

§  9.  The  directors  may,  by  the  ordinances  or  by-laws 
of  said  company,  order  what  number  of  directors  shall 
constitute  a  board  or  quorum,  and  be  competent  for  the 
transaction  of  the  business  of  the  corj)oration  ;  and  they 
shall  have  power,  subject  to  said  by-laws,  to  appoint  from 
their  own  body,  one  or  more  persons,  to  act  and  assist  in  the 
performance  of  the  business  of  the  company,  with  such 
salaries  and  allowances  as  they  may  think  proper,  and  also 


387  1853. 

to  appoint  a  secretary,  and  such  clerks  and  other  servants 
as  they  may  deem  expedient ;  they  shall  have  power  to  de- 
clare and  make  dividends  of  the  profits  arising  from  the 
business  of  said  corporation,  but  all  contracts,  certificates, 
and  otlier  instruments,  in  writing,  of  said  company,  shall 
be  signed  by  the  president  and  secretary  thereof,  or  either 
of  them,  as  may  be  provided  by  the  by-laws  of  said 
company. 

§    10.     Tile  stock  of  said    corporation   shall   be  consid- stock  c.uM.ifn.i 
ered  personal  property,  and  shall  be  assignable  and  trans-  pert,"?''      ^'™" 
ferable,  according  to  such  rules   and  restrictions   as  the 
board  of  directors  shall   from   time  to  time  make  and  es- 
tablish. 

§  11.  The  said  corporation  may  purchase,  hold,  sell i'^;'^'<"!<tat". 
and  convey,  at  their  pleasure,  all  such  real  estate  as  may 
be  deemed  necessary  for  the  transaction  of  its  business, 
not  exceeding  at  any  one  time  twenty  thousand  dollars,  and 
to  take  and  hold  any  real  estate,  mortgaged  or  pledged  as 
security  for  the  payment  of  any  debt  due,  or  that  may  be- 
come due  to  it,  and  also  to  purchase  on  sale,  in  virtue  of 
any  judgment  at  law,  or  any  decree  of  a  court  of  equity  or 
otiierwise,  to  take  and  receive  any  real  estate  or  other 
property  in  payment,  or  towards  satisfaction  of  any  debt 
previously  due  to  said  corporation,  and  to  hold  the  same 
until  they  can  conveniently  and  advantageously  sell  and 
convert  the  same  into  money  or  other  property. 

§  12.  That  said  corporation  shall  have  full  power  and  n-iw^it'-apitai. 
authority  to  deposit  any  portion  of  their  unemployed  capi- 
tal, or  other  funds  at  any  time  in  their  possession,  with 
any  corporation,  company  or  individual,  in  any  section  of 
the  United  States,  and  to  use  the  same  as  they  may  think 
proper,  in  order  to  facilitate  exchanges,  and  to  do  and  per- 
form all  such  acts  and  things  as  may  be  requisite  in  all 
such  transactions,  and  for  the  best  interest  of  said  cor- 
poration. 

§   13.    ,  The  expenses  incurred  by  the  commissioners  in  Expenses      ;;,- 
executing  duties  required  by  this  act,  shall  be  paid  out  of  ssoners.'^  *"'" 
moneys  received  by  them  of  the  subscribers  to  the  capital 
stock,  and  may  be  retained  by  tiiem  for  such  purposes,  and 
the  balance  so  received  shall  be  paid  o^er  to  the  directors 
after  they  shall  have  been  chosen. 

§  14.  All  policies  of  insurance  by  them  made  shall  bepo.cics. 
subscribed  by  the  president,  or  in  case  of  his  death  or 
absence  by  such  other  person  as  may  be  authorized,  and 
countersigned  and  sealed  by  the  secretary  of  said  company; 
and  all  losses  arising  under  any  policy  so  subscribed  and 
sealed  may  be  adjusted  and  settled  by  the  board  of  direc- 
tors, or  such  otiier  person  or  persons  as  said  board  may 
appoint  for  such  purpose. 


ir,  c:w  of  .V-      §    15.     In   case  of  any  loss  or  losses  whereby  the  capi- 

creasu  ot  capital  ,1,1. ••i  11  iir  n.i 

Btock.  tal  stock  01  said  company  may  be  lessened  before  all  the 

instalments  are  paid  in,  each  proprietor's  or  stockholder's 
estate  shall  be  held  accountable  for  the  instalments  that 
may  remain  unpaid  on  his  share  or  shares,  at  the  time  of 
sucli  loss  or  losses  taking  place,  and  no  subsequent  divi- 
dend shall  be  made  until  the  sum  arising  from  the  profits 
of  the  business,  or  by  acvance  of  the  stockliolders,  to  make 
good  said  capital  stock,  shall  have  been  added  thereto. 

Surplus  of  sub-      §    16.     If  a  greater  number  of  shares  shall  be  subscribed 

bcrip  Kill.  ^^^_  than  is  contemplated  in  the  second  section  of  this  act, 
the  same  shall  be  apportioned  amongst  the  subscribed,  in 
sucli  equitable  manner  as  the  said  commissioners  shall  ap- 
point :  Provided^  such  subscriptions  take  place  before  the 
election  of  directors,  and  if  after  their  election,  then  the 
same  shall  be  appointed  by  said  directors. 

Place  of  businesa  §  17.  The  busiucss  of  the  company  shall  be  carried  on 
at  such  place  in  the  city  of  Galena,  or  elsewhere,  by 
agency,  as  the  directors  shall  direct,  and  at  such  agencies 
as  they  may  establish. 

Mnnncr  of  con-      K   18.     Tliis    Corporation    may    conduct    its    insurance 

(tiictii.g business ,      ^.  .  .  i-      1  i\  •       •    ^         c  i.       i 

business  m  part,  or  entirely,  upon  tiie  principle  oi  mutual 
insurance,  if  preferred  by  its  stockholders  or  directors  : 
Provided.,  always,  that  all  risks  are  assessed  at  their  cash 
value  of  hazards,  and  the  premiums  shall  be  paid  in  cash, 
or  its  equivalent,  when  the  policy  is  issued. 

public  act.  §    19.      This  act  shall  be  and  is  hereby  declared  to  be  a 

public  act,  and  the  same  shall  be  construed  liberally  for 
the  beneficial  purposes  herein  granted,  and  the  corporation 
hereby  created  shall  take  effect  and  be  in  force  from  and 
after  the  passage  thereof,  and  shall  continue  in  force  for 
tlie  term  of  thirty  years,  and  no  longer. 

Filial sntiement.  §  20.  Notwithstanding  the  expiration  of  tlie  time  for 
which  the  said  corporation  is  created,  it  shall  be  lawful  to 
use  the  corporate  name,  style  and  capacity  for  the  final 
settlement  and  liquidation  of  the  affairs  and  accounts  of 
the  said  corporation  in  all  cases,  and  for  the  sale  and  dis- 
position of  their  estate,  real  or  personal. 

§  21.  This  charter  sliall  be  Aoid  and  of  no  effect  unless 
the  company  shall  commence  operations,  agreeably  to  the 
provisions  thereof,  within  two  years  after  the  passage  of 
this  act. 

i  ftiisunco  §  ^^'  ^"  effecting  insurance  on  lives  agreeably  with 
the  i)ower  conferred  by  this  charter,  it  shall  be  the  duty 
of  the  directors  to  have  kept  a  separate  account  for  this 
class  of  business,  distinct  from  the  other  insurances,  which 
shall  not  be  affected  by  the  'oss  or  gains  ot  their  other  in- 
surance busines",  and  it  shall  and  may  be  lawful  for  the 
said   directors   lo  allow   all  peirons  so  insuring  such  part 


3S9  1853. 

of  the  net  profits   or   earnings   of  this   department  of  the 
company's  business  as  may  be   deemed  for  the  mutual  in- 
terest of  the  assured  and  assurers. 
Approved  February  12,  1853. 


AN  ACT  to  incorporate  the  Quincv  Savinri-s  and  Insurance  Companv.       in  lurco  Fob. 

'  1853. 

Section  1.  Be  if  enacted  hij  the  people  of  the  state  nf 
P/i?i'jis,  7H^jj resented  171  the  General ..issembli/,  That  SamueU'on>:'r'it-jis. 
Holmes,  Calvin  A.  Warren,  Newton  Flagg,  I.  N.  Morris, 
William  H.  Carlin,  Amos  Green,  C.  M.  Pomroy,  John 
Wood,  S.  Tiiayer,  C.  A.  Savage,  Thomas  Redmond  and 
Hiram  Rodgers,  and  all  such  other  persons  as  shall  here- 
after becom.e  stockholders  in  the  corporation  hereby  crea- 
ted, shall  be  a  body  politic  and  corporate,  by  the  name  and 
style  of  "The  Quincy  Savings  and  Insurance  Company," 
to  be  located  in  the  city  of  Quincy,  and  said  corporation 
may  continue  until  the  first  day  of  January,  one  thousand 
eight  hundred  and  eighty,  and  shall  have  power  to  adopt 
a  common  seal,  and  alter  or  renev/  the  same  at  pleasure, 
and  in  that  name  shall  transmit  its  business  and  have  suc- 
cession, may  sue  and  be  sued,  answer,  prosecute  and  de- 
fend, in  all  courts  of  justice  within  this  state  of  competent 
jurisdiction. 

§  2.  The  capital  stock  of  this  corporation  shall  be  one  capital  stock, 
hundred  thousand  dollars,  and  be  divided  into  shares  of 
twenty-five  dollars  each,  but  shall  be  entitled  to  enjoy  all 
its  franchises  v/hen  fifty  thousand  dollars  shall  be  subscri- 
bed, and  twenty  per  cent,  of  said  subscription  paid  in  cash, 
and  the  balance  secured  to  the  satisfaction  of  the  directors; 
and  said  capital  stock  may  be  increased  at  any  time  here- 
after to  the  sura  of  five  hundred  thousand  dollars,  in  the  dis- 
cretion of  a  majority  of  tlie  directors,  in  such  manner  as 
they  shall  prescribe  by  the  by-laws  of  the  company. 

§  3.  The  above  named  incorporato'rs,  or  a  majority  of  open  bookj; 
them,  shall  open  books  at  sucli  time  and  place  in  the  city 
of  Quincy  for  subscription  to  the  capital  stock  as  they  shall 
appoint,  not  exceeding  six  months  from  the  passage  of  this 
act,  by  giving  five  days'  notice  in  one  or  more  of  tlie  daily 
papers  publishe<l  in  said  city,  that  such  books  will  be  open- 
ed to  subscribers  to  such  capital  stock,  and  that  they  will 
remain  open  until  fil't}  thousand  dollars  shall  be  subscribed, 
and  then  the  stockholders  will  organize  the  company  by 
choosing  its  directors,  and  at  which  time  twenty  per  cent, 
of  the  capital  stock  thus  subscribed  shall  be  paid  in,  and 
the  balance  secured  to  the  satisfaction  of  the  directors. 


1853.  390 

i^cmcnt  of  ^  4.  Tlie  stock,  funds  and  business  of  this  corporation 
shall  be  managed  by  five  directors,  one  of  wliich  shall  be 
president,  three  of  which  shall  be  a  quorum  to  transact 
business.  At  all  elections  of  directors  each  share  shall  be 
entitled  to  one  vote,  and  absent  shareholders  may  vote  by 
proxy,  the  holder  of  which  being  being  a  shareholder.  No 
person  shall  be  eligible  to  the  office  of  director  or  {)resident 
unless  a  stockholder  to  the  amount  of  five  hundred  dollars, 
and  a  citizen  of  the  state  of  Illinois.  And  after  the  first 
election  there  shall  be  an  annual  election  held  on  the  first 
Monday  of  April  in  each  year,  at  such  time  and  place  in  the 
city  of  Quincy  as  the  directors  may  appoint,  wliich  direc- 
tors shall  hold  their  office  for  one  year  and  until  others  are 
chosen  and  qualified.  Notice  of  the  time  and  place  shall  be 
published  at  least  five  days  previous  in  some  paper  pub- 
lished in  the  city  of  Quincy. 

•''«•  §   5.     At  every  annual  election  the  directors  shall  ap- 

point three  stockholders,  who  are  not  directors,  as  inspec- 
tors of  such  election,  who  shall  canvass  the  votes  and  de- 
clare the  result,  and  the  nine  persons  who  shall  have  the 
highest  number  of  votes  shall  be  directors  for  the  coming 
year.  Said  directors,  when  chosen,  shall  proceed  to  choose 
one  of  their  number,  by  ballot,  president,  and  in  case  of 
death,  resignation,  disqualification  or  absence,  shall,  in  the 
same  manner,  appoint  a  president  jiro  tempore^  who  shall 
discharge  the  duties  and  exercise  all  the  functions  of  the 
president.  The  directors  may  also  appoint  a  secretary  and 
treasurer,  and  such  other  officers  and  agents  as  they  may 
think  necessary,  and  define  their  duties  and  determine  their 
compensation  and  require  such  security  for  the  faithful 
discharge  of  tlieir  duty  as  shall  be  deemed  proper. 

,j,.,..,..  §   6.   The  corporation  hereby  created  shall  have  })ower  to 

make  all  kind  of  insurance  against  fire,  and  to  make  marine 
insurance  upon  vessels,  boats  and  water  crafts  employed  in 
inland,  lake,  river,  ocean  or  canal  navigation,  and  upon  all 
goods,  wares  or  merchandise,  produce  or  property  trans- 
ported thereon  or  otherwise,  and  upon  freight,  bottomry, 
respundcutla  interests,  and  upon  all  ocean,  lake,  river  or 
inland  navigation  lisks  of  every  kind  soever,  and  upon 
money  transmitted  by  mail. 

..fpnsiioni      §   7-      It  shall  be  tlie  duty  of  the  president  and  directors 

liioci.t,.  ^Q  make  out  a  coinpleti-  and  perfect  statement  of  the  con- 
dition and  affairs  of  the  corporation,  and  rej>ort  the  same 
to  the  stockholders  at  their  annual  meeting,  and  on  the  first 
Mondays  of  April  and  September  in  each  year  to  make  a 
dividend  of  so  much  of  the  profit  of  said  corj)orarum  as  to 
them  shall  apjjcar  advisable.  But  in  no  case  shall  they  de- 
clare a  dividend  that  shall  impair  the  caj)ital  sto(;k  or  in- 
fringe thereon  ;  and  in  case  of  losses  at  any  time  that  shall 
lessen  the  capital  stock,  calls  shall  be  forthwith  made  for 


391  1853. 

instalments  of  unpaid  stock  sufficient  to  restore  the  capi- 
tal, or  no  dividend  shall  be  made  until  the  capital  slock  is 
restored,  from  the  profits  arising  from  the  business  of  the 
corporation,  nor  shall  any  premiums  received  be  counted 
as  profits  until  the  risk  ior  which  it  was  taken  shall  have 
terminated. 

§  8.  All  policies  of  insurance  or  other  engagements  policies. 
shall  be  signed  by  the  president  and  countersigned  by  the 
secretary,  with  or  without  seal,  and  shall  be  binding  upon 
the  corporation,  and  all  such  assured  may  thereupon,  in  case 
of  loss  arising,  maintain  an  action  of  debt,  covenant,  or  on 
the  case  against  such  corporation. 

^  9.  The  directors,  at  their  first  meetnig,  and  at  the  bv-iuws. 
time  of  their  organization,  shall  adopt  by-laws,  rules  and 
regulations  by  which  the  corporation  and  its  members  shall 
be  governed,  and  may  alter  and  amend  the  same  at  any 
subsequent  meeting:  Provided^  such  by-laws  shall  not  be 
inconsistent  with  the  laws  of  this  state  ;  and  the  directors 
may  Oj)en  books  for  subscription  to  fill  uj)  such  portion  or 
all  of  the  unsubscribed  stock  as  in  their  opinion  may  be 
useful  and  desirable.  The  directors  shall  have  power  to 
call  in  instalments  of  the  capital  stock  at  such  times  as  they 
shall  deem  advisable,  by  giving  thirty  days'  notice  in  some 
paper  published  in  the  city  of  Quincy  :  Provided,  no  call 
shall  be  made  to  exceed  ten  per  cent,  of  the  capital  stock 
subscribed  at  one  time,  nor  oftener  than  once  in  thirty 
days.  The  president  shall  notify  all  shareholders  out  of 
the  city  of  Quincy  of  such  call  by  mailing  such  notice  to 
such  persons'  address,  if  known. 

§  10.  If,  after  a  public  call  for  instalments  be  made  ncranit..f  .-t.ick- 
agreeable  to  the  provisions  of  section  nine,  any  shareholder  l■^'•^^''-• 
shall  neglect  or  refuse  to  pay  said  instalment,  agreeable  to 
the  notice  and  for  ten  days  thereafter,  the  president  may 
advertise  so  much  of  the  stock  of  the  delinquent  shareholder 
to  be  sold  at  auction  to  the  highest  bidder  as  will  pay  the 
amount  called  for  and  expense  of  advei'tising  and  seiliiig, 
in  which  advertisement  he  shall  give  notice  of  the  time  and 
place  of  sale,  and  the  amount  of  instalment  to  be  provided 
for,  and  shall  cause  the  same  to  be  publi^hed  ten  days  in 
some  paper  in  Quincy  before  the  day  of  sale. 

§  II.  This  corporation  may  conduct  its  insurance  bu- jr.mncr  ..r  c.m- 
siness  in  part  or  entirely  upon  the  principle  of  mutual  in- 
surance, if  preferred  by  its  customers  and  directors:  Pro- 
vided, always,  that  all  risks  are  assessed  at  their  cash  val- 
ue of  hazards  taken,  and  the  premiums  shall  be  paid  in 
cash  or  its  equivalent  when  the  policy  is  issued. 

§   12.     This   corporation  shall  not  deal   in   any  real  or  Mer'tamii^.-,  &c 
personal  estate,  property  or  merchandise,  except  so  much 
as  is  necessary  lor  its  own  use,  and  such  as  may  be  taken 


1853.  392 


persona! 
IJO.ity. 


to  secure  any  debt,  or  in  payment  thereof,  but  shall  strictly 
confine  itself  to  the  objects  of  its  creation  as  herein  set  forth. 
dteiiKd  §  13.  The  stock  in  this  corporation  shall  he  deemed 
personal  property,  and  no  transfer  shall  be  valid  while  the 
holder  is  indebted  to  the  corporation.  Tiie  mode  of  trans- 
ferring or  alienating  the  stock,  and  the  forms  of  policies, 
orders,  receipts,  certificates  or  other  papers  to  be  used  by 
this  corporation,  shall  be  regulated  and  determined  by  the 
by-laws  of  the  same. 

§  14.  This  corporation  shall  have  power  to  perform  the 
duties  and  functions  of  a  savings  institution,  and  may  re- 
ceive deposits  of  money,  bullion  or  other  valuable  commod- 
ities, and  give  certificates  for  the  safe  keeping  and  return 
of  the  same.  Also,  for  remittance  or  investment  or  sale, 
and  may  loan  or  invest  its  own  funds,  or  those  of  other  per- 
sons, and  on  their  account,  when  desired  to  do  so;  to  deal 
in  exchange,  and  to  pay  on  money  deposited  and  receive 
on  money  loaned  a  rate  of  interest  not  exceeding  the 
rate  now  lawlul  to  be  charged,  by  agreement  of  the  parties, 
on  money  loaned,  and  to  do  and  perform  all  such  other  trusts 
as  may  be  required,  and  charge  and  receive  therefor  such 
compensation  or  commission  as  may  be  agreed  upon  :  Pro- 
vided, always,  that  tlie  corporation  shall  open  and  keep  a 
separate  account,  called  savings,  deposits  and  trust  ac- 
count, in  which  it  shall  enter  all  savings,  deposit  and  trust 
funds,  whether  for  investment  or  remittance,  and  all  char- 
ges for  commission,  interest  or  compensation  paid  or  re- 
ceived shall  be  entered  in  the  same  account :  Jind  jirovi- 
ded  further,  that  said  corporation  shall  not,  in  any  case, 
use  any  portion  of  such  savings,  trust  funds  or  deposits  in  the 
payment  of  any  loss  or  losses  arising  from  insurance,  or 
any  fire  or  marine  risk  it  may  take  :  *M)}d  provided  J  urtJier, 
that  all  such  funds  or  valuable  commodities  shall  not  be 
paid  out  or  removed  from  such  deposit  except  on  the  order 
of  the  president,  countersigned  by  the  secretary,  or  a  re- 
turn of  the  receipt  or  obligation  given  to  suc!\  depositor. 

§  15.  That  the  real  and  personal  property  of  each  in- 
dividual stockholder  shall  be  liable  for  any  and  all  liabili- 
ties or  losses  of  the  company  to  the  amount  of  stock  sub- 
scribed or  held  by  him  and  not  actually  paid  in,  in  all  cases 
of  losses  exceeding  the  means  of  the  corporation. 

§  16.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage,  and  be  liberally  construed  for  all 
purposes  herein  contained  by  the  courts  of  justice  in  this 
state  :  Provided,  that  nothing  herein  contained  shall  be  so 
construed  as  to  authorize  the  said  company  to  issue  any 
notes,  bills,  certificates  of  deposit  or  other  paper  to  circu- 
late as  money. 

Approved  February  12,  1853. 


393  1853. 

AN  ACT  tu  incorporate  the  Mutual  Security  Insurance  Company.  in  force  Feb.  10, 

1853. 

Section  1.  Be  it.  enacted  hy  the  people  of  tlie  state  of 
Illinois,  represented  in  the  General  *^sse7nhbj,  That  Jona-  corporators. 
than  Burr,  William  H.  Brown,  J.  Young  Scammon,  John 
M.  Wilson,  Edward  J.  Tinkham,  Thomas  Drummond, 
Ezra  B.  McCagg,  Thomas  Hoyne,  and  their  associates,  and 
all  others  who  may  associate  with  them  hereafter  in  the 
manner  herein  provided,  and  their  successors  and  assigns, 
be  and  they  are  hereby  created  and  made  a  body  politic 
and  corporate,  by  the  name  of  "The  Mutual  Security  In-  ^*yie. 
surance  Company,"  and  by  tliat  name,  style  and  title  shall 
be  and  hereby  are  empowered  to  purchase,  receive,  have,  Gencr.n  powers. 
hold,  possess  and  enjoy,  to  tlieinselves  and  their  succes- 
sors, lands,  tenements,  hereditaments,  goods,  chattels  and 
effects  of  every  kind  and  nature  as  may  be  deemed  neces- 
sary or  convenient  for  the  business  of  said  incorporation, 
and  the  same  to  grant,  alien,  sell  and  dispose  of;  to  sue  and 
be  sued,  plead  and  be  impleaded,  in  all  courts  of  justice  ; 
also,  to  have  and  use  a  common  seal,  and  the  same  to 
change  at  pleasure  ;  also,  to  ordain  and  put  in  execution 
such  by-laws  and  regulations  as  they  may  deem  proper  for 
the  wefl  ordering  of  said  corporation  and  its  affairs  :  Pro- 
vided, they  be  not  repugnant  to  the  laws  of  the  United 
States  or  of  this  state,  or  to  the  provisions  of  their  act  of 
incorporation. 

§  2.  The  capital  stock  of  said  corporation  shall  not  be  cap't-i' ^tck. 
less  than  fifty  thousand  dollars,  and  may,  at  the  pleasure  of 
said  corporation,  be  increased  to  any  further  sum  not 
excee  ling  three  hundred  thousand  dollars,  and  shall  be  di- 
vided into  siiares  of  fifty  dollars  each;  and  on  the  said  cap- 
ital stock  of  fifty  thousand  dollars,  in  part  of  said  stock, 
shall  be  paid  into  the  treasury  of  said  corporation  by  each  . 
subscriber  at  the  time  of  subscription  an  instalment  of  five 
dollars  on  each  share  of  stock  by  him  subscribed,  and  the 
remainder  of  said  stock  shall,  within  ninety  days  from  said 
subscription,  be  secured  to  be  paid  by  mortgages  on  real 
estate,  or  secured  promissory  notes  approved  by  the 
president  and  directors  of  said  corporation,  and  shall  be 
payable  sixty  days  after  a  demand  shall  be  made  in 
some  newspaper  published  in  the  city  of  Chicago;  and  the 
sureties  on  such  notes  shall  have  a  lien  on  the  stock  for 
which  such  note  or  notes  are  given,  or  the  same  may  be 
made  })ayable  in  regular  instalments  at  stated  periods,  at 
the  discretion  of  the  president  and  directors  as  aforesaid. 

§   3.     The  stock  and  affairs  of  said  corporation  shall  be  jr,,n„gerojnt  jo 
managed  and   conducted  by  any  number  of  directors,  not 
more  than  twenty-five  nor  less  than  nine,  to  be  chosen  by 
ballot  from  among  and  by  the  stockholders,  which  directors 
shall  hold  their  office  at  pleasure  for  oneyear,  and  until  others 


aflUirs. 


1853.  394 

are  chosen  to  supply  their  places;  and  the  annual  meetings 
for  the  choice  of  said  directors  shall,  after  the  first  elec- 
tion, be  holden  in  the  city  of  Chicago,  on  the  first  Monday 
of  July,  or  such  other  day  in  the  month  of  July  as  shall  be 
appointed  by  said  board  of  directors  ;  but  a  failure  to  elect 
directors  at  the  day  appointed  shall  not  work  a  forfeiture 
of  the  charter;  and  in  case  of  such  failure  the  election  may 
be  held  at  any  other  day  appointed  by  the  president  or  sec- 
retary of  said  company,  or  any  two  directors  tliereof,  thir- 
ty days'  notice  of  such  election  being  given  by  publication 
as  aforesaid. 
.^ji^u  §   4.     The  said  directors  shall  choose  out  of  tlieir  num- 

ber a  president  and  also  a  vice  president  of  their  corpora- 
tion, and  in  case  of  the  absence  of  either  from  business 
may,  so  often  as  necessity  shall  require,  elect  from  among 
themselves  a  president  or  vice  president  for  the  time  be- 
ing ;  and  in  case  any  vacancy  shall  occur  in  said  direction, 
said  directors  may  elect  a  director  or  directors  from  among 
the  stockholders  to  fill  such  vacancy,  who  shall  hold  his  or 
their  office  at  pleasure  until  others  are  chosen  in  his  or 
their  place,  and  said  directors  shall  have  power  to  appoint, 
for  the  time  being,  such  officers,  secretaries,  agents  and 
servants  as  they  sliall  judge  necessary,  and  with  such  sal- 
aries and  allowances  as  they  may  think  proper,  and  shall 
be  capable  of  performing  such  other  acts  and  exercising 
such  otlier  powers  as  shall  be  by  them  deemed  for  the  best 
interests  of  the  company. 

Qntnuni.  §   5.      The   directors   shall   determine   what   number  of 

their  own  body  shall  constitute  a  quorum  for  the  transac- 
tion of  business,  and  when  such  quorum  is  formed,  if  the 
president  is  not  present,  the  vice  president  siiall  preside, 
or  in  the  absence  of  both,  the  directors  shall  appoint  a  pres- 
ident ;9ro  ^emjOo?'e. 

v.,tL-.  §  6.     Stockholders  voting  at  any  election  shall  be  allowed 

one  vote  for  every  share  of  stock  they  may  then  hold, 
and  shall  be  entitled  to  vote  in  person  or  by  proxy  duly 
appointed,  and  none  but  stockholders  shall  be  eligible  as 
directors. 

Notice.  §   7.     Public  notice  by  order  of  the  directors  shall  be 

given  at  least  one  week  previous  to  any  meeting  of  the 
stockholders  in  a  newspaper  printed  in  the  city  of  Chicago, 
and  in  such  other  way  as  they  may  deem  exjoedient. 

ivansrtf  of  stock.  J  8.  Tiic  Capital  stock  of  said  corporation  shall  be 
transferable  according  to  the  rules  and  regulations  pre- 
scribed by  the  directors,  and  every  subscriber  of  any  share 
or  shares  in  said  stock  who  shall  neglect  to  pay  the  instal- 
ment aforesaid,  or  secure  the  residue  of  the  said  share  or 
shares  aforesaid,  shall  forfeit  to  the  said  corporation  such 
share  or  sliaies,  and  all  payments  made  thereon,  and  all 
profits  that  may  have  arisen  thereon. 


395  1853. 

§  9.  The  said  corporation  shall  have  full  power  and  lusunuu. . 
autiiority  to  insure  all  kinds  of  property  of  whatever  kind 
or  nature  soever  against  loss  or  damage  by  fire  ;  also,  to 
lend  money  on  mortgage  or  otherwise  at  such  rates  of  in- 
terest as  are  now  authorized  by  law,  and  also,  (when  the 
annuity  fund  is  created  as  hereinafter  provided  for,)  to 
make  insurance  upon  life  or  lives,  and  also  to  grant  annui- 
ties for  life  or  lives,  or  for  a  term  dependent  upon  life  or 
lives,  and  also  to  do  and  perform  all  necessary  matters  and 
things  connected  with  these  objects,  or  any  of  them,  and 
may  cause  themselves  to  be  reinsured  upon  any  risk  or  in- 
surance which  they  may  have  assumed  or  taken  in  tiie 
progress  of  tlieir  business. 

§  10.  All  policies  of  insurance  or  otiier  contracts  an- Manner  of  in.a- 
thorized  by  this  act  which  shall  be  made  and  entered  into  ''^°'^'^"" 
by  said  corporation  may  be  either  under  or  without  the  seal 
thereof,  and  shall  be  subscribed  by  tiie  president  or  such 
other  officer  as  shall  be  designated  for  the  purpose  by  the 
by-laws  of  said  corporation  and  attested  by  the  secretary, 
and  being  so  signed,  executed  and  attested  to,  sliall  be 
binding  and  obligatory  U})on  said  corporation  according  to 
the  true  intent  and  meaning  of  such  ])olicies  and  contracts; 
and  all  such  policies  and  contracts  may  be  so  made,  signed, 
executed  and  attested  to  without  the  presence  of  a  board 
of  directors  by  the  president  and  vice  president,  or  either 
of  them,  or  by  a  committee  of  directors  previously  appoint- 
ed for  that  purpose  by  the  board  of  directors,  or  such  other 
person  as  they  may  appoint ;  and  the  acts  of  such  president 
or  vice  president,  or  either  of  them,  or  of  such  committee 
or  person  appointed,  shall  be  binding  and  obligatory  upon 
said  corporation. 

^  11.  Jonathan  Burr,  Edward  J.  Tinkham,  William  H.  commissioners 
Brown,  J.  Young  Scammon,  John  M.  Wilson,  Ezra  B. 
McCagg,  Thomas  Drummond  and  Thomas  Hoyne  are  here- 
by appointed  commissioners  to  receive  subscri))tions,  who 
may  open  tlie  books  of  subscription  for  the  capital  stock  of 
said  corporation  whenever  and  wherever  they  may  deem 
most  conducive  to  the  interest  of  said  corporation,  giving 
as  much  notoriety  to  the  same  as  in  their  judgment  siiall  be 
necessary  ;  and  in  case  of  the  resignation  or  absence  of  any 
of  the  commissioners  named  in  this  act  of  incorporation,  it 
shall  and  may  be  lawful  for  the  remainder  of  them  to  pro- 
ceed to  business,  whose  duties  shall  be  the  same  in  tiie 
premises  as  that  prescribed  to  the  whole  of  said  commis- 
sioners, and  such  acts  shall  be  legal.  And  as  soon  as  the 
said  sum  of  fifty  thousand  dollars  siiall  have  been  subscri- 
bed, the  lirst  board  of  directors  shall  be  chosen  under  the 
inspection  of  said  commissioners. 

§    12.     Before  tiie  said  corporation  siiall  commence  busi- When  to    wm- 
ness  or  assume  any  risks  in  pursuance  of  this  act,  the  amount  °*'^"'^*- 


1853.  396 

of  fifty  thousand  dollars  of  the  capital  stock  shall  be  sub- 
scribed for,  and  the  instalment  aforesaid  shall  have  been 
paid  and  the  remainder  of  said  stock  secured  to  be  paid 
agreeabl}'  to  the  provisions  aforesaid. 
Capital  stock.  ^  §  13.  The  Capital  stock  of  said  corporation  shall  be 
invested,  at  the  discretion  of  the  directors,  either  in  loans 
upon  bonds  or  mortgages  or  unincumbered  real  estate  of 
the  value  of  at  least  one-third  more  than  the  amount  loan- 
ed thereon,  or  in  United  States  or  state  stocks  or  stocks 
created  by  any  state  of  the  United  States  or  stocks  of  in- 
corporate companies,  or  may  be  loaned  upon  promissory 
notes  or  bills  of  exchange  or  otherwise,  not  having  more 
than  twelve  months  to  run,  and  the  same  may  be  called  in 
and  reloaned  on  the  like  security  as  occasion  may  require; 
and  the  dividends  of  the  profits  or  interest  accruing  from 
such  investments  may  be  made  semi-annually  to  the  stock- 
holders, but  such  capital  and  the  interest  not  divided  shall 
be  liable  for  all  losses  and  expenses  incurred  by  the  cor- 
poration after  the  application  of  all  other  means  of  the 
company. 
Knuoinonrs.  ^   ^^'     The   officcrs  of  the   company,  at  the  expiration 

of  one  year  from  the  time  that  the  first  policy  shall  have 
been  issued  and  bear  date,  and  within  one  month  there- 
after, and  within  the  first  month  of  every  subsequent  year, 
shall  cause  an  estimate  to  be  made  of  the  profits  of  the 
business,  and  a  true  statement  of  the  aflfairs  of  said  com- 
pany, as  far  as  may  be,  for  t!ie  preceding  yenr,  and  so  on 
for  each  successive  year  ;  and  such  profits  shall  be  invested 
in  the  same  manner  as  is  prescribed  for  the  investment  of 
the  capital  stock,  and  no  part  of  such  profits  shall  ever  be 
v/ithdrawn  from  said  company,  except  a.s  hereinafter  pro- 
vided for,  but  shall  at  all  times  be  liable  for  all  losses  and 
expenses  incurred  by  this  company  in  the  course  of  its 
business,  but  the  interest  accruing  on  such  investments 
may  be  divided  annually,  it  beiiig  the  true  intent  and 
meaning  of  this  act  that  should  the  said  capital  stock,  or 
interest  not  divided  thereon,  be  at  any  time  assessed  to 
meet  any  demands  against  said  corporation,  such  amount, 
with  interest,  shall  be  made  good  to  the  stockholders  be- 
fore estimating  or  investing  the  profits  of  business. 
p.mns  insuvod.  §  15.  Any  person  or  firm  effecting  insurance  in  this 
corporation,  and  every  stockholder,  shall  be  entitled  to  a 
credit  in  the  books  of  said  company  of  his  or  their  ])ro- 
portion  of  said  invested  profits,  sharing  pro  rafa,  according 
to  the  amount  of  premiums  paid  or  amount  of. stock  held  by 
him  or  them  respectively,  and  to  a  ccilificate  thereof; 
such  certificate  to  contain  a  proviso  that  the  amount  of 
profits  named  therein  is  liable  for  any  future  loss  or  losses 
by  said  company;  but  no  certificate  shall  be  issued  for  the 
fractional   parts   of  sums    between   even  tens   of   dollars, 


^97  1853. 

nor  for  any  sums  less  tlian  ten  dollars,  but  all  such  frac- 
tional sums,  and  sums  less  than  ten  dollars,  may  be  passed  to 
the  contingent  account  of  the  company,  and  applied  to  the 
expenses  and  other  ciiarges  of  said  coipoartion. 

§  16.  Whenever  the  accumulated  net  profits  shall  ex- Proms, 
ceed  one  hundred  thousand  dollars,  the  excess  may  be  di- 
vided, from  year  to  year  thereafter,  among  the  holders  of 
each  year's  certificates  successively,  in  wliole  or  in  part; 
but  nothing  shall  be  paid  on  the  certificates  of  a  subsequent 
year  until  the  par  value  of  all  those  of  preceding  years  are 
provided  for;  or  the  board  of  directors  of  said  company  may, 
attheir  discretion,  appropriate  and  setapart  the  sum"  of  one 
hundred  thousand  dollars,  part  of  the  said  accumulated  prof- 
its, and  increase  the  capital  stock  of  said  corporation  that 
amount;  which  sum  shall  form  and  constitute  'the  "annuity 
fund"  created  by  this  act,  and  shall  be  invested  in  real  estate 
by  loans  upon  bonds  secured  by  mortgage  on  real  estate  of 
the  value  of  at  least  fifty  per  cent,  more  than  the  sum 
loaned  thereon,  and  in  no  other  way  whate^•er,  to  be  ex- 
clusively held  and  pledged  as  a  fiind  for  the  payment  of 
annuities  which  shall  be  granted  by  said  companv,  and  of 
losses  upon  insurance  for  a  life  or  lives,  or  in  any  way  de- 
pendent upon  life  or  lives,  and  shall,  in  no  case,  be  liable 
for  the  other  debts,  contracts,  liabilities  and  engagements 
of  the  said  company;  thatthesaid  fund  shall  be  denomina- 
ted "the  annuity  fund,"  and  all  investments  of  the  said 
capital  of  one  hundred  thousand  dollars,  and  all  accumula- 
tions in  respect  thereto  or  arising  from  the  income  thereof, 
)r  from  insurance  upon  life  or  lives,  or  from  the  granting  uf,,  jos.e.s, 
innuitifts,  and  all  expenses,  payments  and  losses  in  re- 
pect  to  such  insurance  upon  life  or  lives,  or  dependent 
hereon,  and  the  granting  of  such  annuities,  shall  be  kept 
n  a  separate  and  distinct  account,  and  such  ftmd  and  ac- 
cumulation thereof  shall  alone  be  liable  to  pay,  bear  and 
satisfy  all  losses,  expenses,  payments  and  charges  in  re- 
spect to  insurance  on  life  or  lives,  or  in  any  manner  de- 
pendent upon  life  or  lives,  annuities  which  shall  be  granted 
!)y  the  said  company. 

§  17.  Suits  at  law  or  in  equity  may  be  prosecuted  and  suit.. 
maintained  by  any  person  or  persons  holding  a  certificate 
against  said  corporation,  and  no  person  holding  a  certifi- 
cate of  the  corporation,  not  being  in  his  individual  capaci- 
ty a  party  to  the  suit,  siiall,  by  reason  thereof,  be  incom- 
petent as  a  witness  in  suits  in  which  such  corporation  is 
Interested. 

§    18.     Nothing  in  this  act  contained  shall  be  so   con-  L^anku.s. 
strued  as  to  authorize   said  company  to  engage  in   the  bu- 
siness of  banking,  and  the  issuing  by  said  company  of  any 
instrument  in  writing  designed  or  intended  to  be  used  as  a 


1853.  398 

circulatino;  medium,  as  and  in  lieu  of  money,  shall  cause  ;i 
forfeiture  of  this  charter. 

§  19.  This  act  shall  be  deemed  a  public  act,  of  which 
all  courts  and  magistrates  shall  officially  take  notice,  and 
shall  take  etfect  from  and  after  its  passage. 

Approved  February  10,  1853. 


jn  iiirce  Feb.  3,  AN  ACT  lo  amend  the  charter  of  the  City  of  Peru. 

1853. 

Section   1.     Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the    General  .Assembly,  That  the 

Taxes.  limitation  in  section  one  of  the  fifth  article  of  the  charter 

of  the  city  of  Peru  shall  extend  to  taxes  for  general  pur- 
poses only,  and  that  the  city  council  be  and  they  are  hereby 
authorized  to  levy  such  additional  taxes  as  may  be  neces- 
sary and  proper,  to  pay  the  interest  upon  the  bonds  issued 
by  the  city  on  account  of  railroad  stock,  or  other  public 
improvement  authorized  by  the  voters  of  said  city ;  and 
also,  such  further  taxes  as  may  be  necessary  and  proper  to 

Comraun schools,  establish  and  maintain  a  system  of  common  schools  in  said 
city;  and  such  additional  taxes  shall  be  kept  separate  from 
the  taxes  for  general  purposes  on  the  city  tax  list,  and 
shall  be  payable  in  money  only,  and  appropriated  to  the 
purposes  for  which  the  same  may  be  levied  :  Provided, 
that   the   limitation  of  the   aggregate   amount    of  interest 

Borrowed  money  upon  all  sums  borrowcd  by  the  city,  as  provided  in  section 
three  of  said  fifth  ariicle,  shall  not  be  held  to  extend  to 
interest  upon  bonds  for  public  improvements  authorized 
by  the  voters  of  the  city,  as  above  provided  :  Provided^ 
also,  that  the  power  given  to  said  city  to  levy  taxes  therein 
for  common  school  purposes,  shall  be  to  the  exclusion  ol' 
taxes  for  school  i)urposes  within  said  city,  under  the  gen- 
eral laws  of  the  state. 

s.h.01  houses.  §  2.  That  the  pujlic  school  houses  and  real  estate, 
and  other  public  school  property  in  said  city  not  belong- 
ing to  the  fund  arising  from  section  sixteen,  shall  be  held 
in  trust  by  the  city  of  Peru  for  the  use  of  schools,  and  any 
suit  or  action  to  recover  possession,  or  protect  the  same, 
or  for  damages  thereto,  may  be  maintained  in  the  name  of 
said  city. 

§   3.     That  said   city  of  Peru  is   hereby  authorized  to 

•n.rnpikoroa.i.  ^^^^^j.^^^^.  .^^^  maintain  a  turnpike  road  or  roads,  planked 
or  macadamized,  from  any  point  or  points  in  said  city  de- 
termined upon  by  the  city  council,  to  such  point  or  points 
on  the  line  betwen  the  city  of  Peru  and  the  city  of  La 
Salle   as   may  be   deemed    best   by   the  city  council,   and 


399  1853. 

when  said  city  council  shall  determine  that  any  such  road 
IS  comp  eted  and  fit  for  use,  they  shall  have  pow'er  to  estab- 
lish a  toll-gate  or  gates,  and  to  demand  and  collect  tolls 
upon  any  such  road,  not  exceeding  five  cents  for  each 
waggon,  carriage,  dray,  cart,  or  other  vehicle  drawn  bv 
not  more  than  two  horses,  or  other  animals,  and  one  cent 
tor  each  of  such  animals  over  two,  and  one  cent  per  head 
tor  horses,  cattle,  mules  or  asses  i>ot  in  teams,  and  one- 
Jourth  of  a  cent  per  head  for  swine  or  sheep. 


§4.      That  said   city  of  Peru  may   auliiorize  any  such  Road 
road  to  be    constructed   by  a  joint  stock  company  or  cor-  '' 


constri!ctc< 
^y  Joint    stock 


!  .  ""^    "J  •••■  jwmt  aiuuit.  uuijipanv  or  cor- 

}  poration  organized  under  the  general  plank  road  laws  of 
;  the  state,  in  such  manner  as  said  city  shall  determine,  and 
j  wuli  such  powers  and  rights  as  said  city  might  have  and 
.may  confer  upon  such  joint  stock  company  or  corporation; 
I  and  whether  such  road  or  roads  be  constructed  or  main- 
tained b3'  said  city  or  by  such  company  or  corporation,  the 
'  same  shall  be  under  the  regulations  of  the  general  plank 
'    road  laws  of  the  state,  so  far  as  applicable 

:        §   5.     That  the  cities  of  Peru  and   La  Salle   may  agree  Koads  exte.. 
that  any  such    road  or  roads    shall    be    extended   to   such  ^^^^sli.^ 
i   point  or  points  in  the   city  of  La  Lalle  as  may  be  agreed 
.   upon,  and  upon  such  terms  as  may  be  agreed  upon,  in  Shich 
!   case  said  two  cities  shall  have  all  the  powers  to  act  iointlv 
by  agreement  that  are  conferred  upon  the  city  of  Peru  in 
tfie  third  and  fourth  sections  of  this  act. 

§   6.     That  the  mayor  of  said  city  of  Peru,  before  exe-  ^      .• 
cuting  any  deed  of  real  estate  sold  for  taxes  or  assessments  ="""-.: 
in  sa.d  city,  under  the  authority  of  said   city,  shall  ascer- 
,    ain  and  satisfy   himself  that  the  proceedings  preliminary 
1  to  the  execution  of  such  deed  have  been  legal    and  as  re- 
quired by  the  laws  of  the  state  and  ordinances  of  the  city, 
.  and   such   deed,  when  executed    and    delivered,    shall  be 
prima  facie  evidence  of  the  legality  of  such  proceedings. 
Approved  February  3,  1853.  ^ 


Toe  F.  !•.  V, 

1853. 


A^f  ACT  to  incorporate  the  Kankakee  Bridge  Company. 

Skction  1.     Be  it  enacted  bi;  the  people  of  the  state  of  l/li. 
SaJ  Win^:^^n''l  ^---^-^---^^^y.  That  Thomas  00.0.... 
Noe    V^'  T?    ^"'';^l"'  J^mes    Lamb,    Virgil   Lamb, 

Noel  Vassteur  Henry  G.  Hall,  Samuel  L.  Knigi  t,  Francis 
Segu.n,  David  Perry,  Medore  MaMin  and  Peter  Spink 
nofif  .""T'"''"*''  'r  ''^'g"^'  ^^^  ''^'^-^by  created  a  body 

kakee  BridrT'''''  ^^.''''  T^  '"^  ''^'^'  ^^^''^iie  Kan-s... 
kakee  Bridge  Company,"  and  by  that  name  and  style  may 


1853. 


400 


Geuerai  power.,  sue  and  be  sued,  plead  and  be   impleaded,  defend  and  be 
defended,  in  all  courts  of  law  and  equity  ;  may  adopt  and 
use  a  common   seal,    and   alter   and   change   the    same   at 
pleasure  ;  and  are  hereby  vested  with  all  the  powers,  priv- 
ileaes  and   immunities    wiiich  are  or  may  be  necessary  to 
can-y  into  effect  the  purposes  of  this  act.     Said  company 
mav  purciiase,  hold    and    convey    any   real    and    personal 
estate  that  may  be  necessary  to  enable  tJicm  to  carry  out 
and  accomplish  the  objects  of  this  corporation,  not  exceed- 
ing in  value  (aside  from  said  bridge)  of  ten  thousand  dol- 
lar^.     Said  company  shall   have   power  to  borrow  money 
for  the  purpose   of  building  or  re-building   and  keeping  in 
repair  their  said  bridge,  and  for  no  other  purpose,  and  not 
exceedincT  in  amount   one-half  of  their   capital  stock,  and 
for  that  purpose,  and  no  other,  they  shall  have  power  to 
mortgao-e  their  said  bridge,  its  tolls,  and  all  their  privileges. 
Said    company    are   authorized  and  empowered  to  locate, 
construct,  complete  and  keep  in  repair  a  toll-bridge  across 
the  Kankakee   river,  near   to  and    withm  one-lialt  mile  ot 
where  the   east   branch   of  the    Illinois   Central   Railroad 
crosses    said    Kankakee   river,  and  to  obtain  the   right  of 
way  at,  to  and  from  said  bridge,  to  connect  with  any  pubic 
highway  necessary    for  the   use  of  said    bridge,  either  by 
purchase,  cession,  grant,  or  in  the   manner  prescribed  by 
law  for  obtaining  the  right  of  way  for  public  roads,  canals, 
railroads  or  other  public  works. 

§  2.     The  capital  stock  of  said  company  shall  be  twelve 
capital  stock.      ^^^^^^^^  doliars,  but  may  be  increased  to  twenty  thousand 
dollars,  should  the  directors  of  said   company  deem  such 
increase   necessary  for  the   purpose  of  erecting,  finishing 
and  maintaining  said  bridge,  which  shall  be  personal  pro- 
perty, and   shall  be    divided   into   shares   of  one   hundred 
rav.uni  in  ad- dollars  cach,  and  each   subscriber  to  said  stock  shall  pay 
in  advance  at  the  time  of  subscribing  five  dollars  on  each 
share,  and  shall   be  liable   to   pay  the   balance  on  such  in- 
stalments and  at  such  times  as  the  same    shall  be  called  in 
or  required  to  be  paid  by  tlie  directors;  and  the  directors 
shall   have  the   power  to  declare   any   share  or  shares   ot 
E„forc«    coiiec- stock  forfeited  for  non-payment,  or  may  enforce  the  col- 
^'""-  lection  thereof  by  law.    The  corporators  named  in  the  first 

section  hereof,  or  a  majority  of  them,  may  at  any  time 
when  they  shall  deem  proper  open  books  for  tiie  subscrip- 
tion of  the  said  capital  stock,  and  keep  them  open  such 
time  and  at  such  place  or  i)laces  as  they  or  a  majority  oi 
them  shall  deem  necessary  and  proper;  and  when  the 
amount  of  four  thousand  dollars  of  said  capital  stock  shall 
have  been  bo7ia  Jide  subscribed,  and  the  amount  ot  five 
dollars  on  each  and  every  share  subscribed  actually  paid 
in,  the  said  corporators  named  in  the  fiist  section  hereot, 
or  a  majority  of  them,  may   call  a  meeting  of  the  stock- 


board. 


401  1853. 

holders,  by  publishing  a  notice  of  the  time,  place  and  ob- 
ject  of  said  meeting,  at  least  four  weeks  successively,  pro- 
vious  to  the  time  oj:'  holding  such  meeting,  in  some  public 
newspaper  published  in  WiJl  county,  or  by  servino-  a  writ- 
ten or  printed  notice  on  each  of  said  stockholders%t  least 
ten  days  previous  to  such  meeting,  and  the  certificate  of 
the  publisher  of  such  newspaper,' in  case  of  publication 
shall  be  sufficient  proof  of  such  publication.  As  soon  asorgani.au 
the  board  ot  directors  shall  have  organized  after  the  first 
election  of  directors,  the  commissioners  appointed  by  this 
act  to  open  books  and  receive  subscriptions  of  stock  shall 
deliver  to  the  president  of  said  company  all  books,  papers 
and  moneys  in  their  possession  belonging  to  said  company, 
who  shall  deliver  the  same  to  the  proper  officers  of  said 
company. 

§  3.  At  the  first  meeting  of  said  stockholders,  in  pur-  Pr, 
suance  of  the  notice  specified  in  the  last  preceding  sec- 
tion, they  shall  choose  a  president  and  secretary  from 
among  their  number,  and  then  shall  elect,  by  ballot,  five 
directors,  who  shall  be  stockholders.  Said  directors  shall 
hold  their  offices  until  the  first  Monday  of  April  succeed 


iidCTlt 


in  or 


their  election,_and   until   their  successors  are  elected. 


and  on  the  first  Monday  of  April  of  each  year,  after  the 
first  elections  of  directors,  said  company  shall  meet  and 
elect  five  directors  for  the  ensuing  year,  but  a  failure  to 
meet  and  elect  directors  at  said  time  shall  not  work  a  for- 
feiture of  this  charter  or  efl^ect  the  rights  of  said  company, 
and  directors  may,  in  such  case,  be  elected  at  a  subs^  - 
quent  meeting,  on  due  notice  given  for  that  purpose.  The 
directors  shall  choose  a  president  from  among  their  num- 
ber, and  shall  choose  or  appoint  such  other  officers  and  xppouu 
agents  as  they  may  deem  necessary;  they  shall  have  power 
to  make  such  by-laws,  rules  and  regulations  as  may  be 
necessary  for  the  transaction  of  their  necessary  business 
and  the  conducting  tlie  aff^airs  of  said  company,  and  may 
aiter  the  same  when  necessary;  and  they  shall  "cause  no- 
tices to  be  given  by  publication,  or  otherwise,  of  the 
annual  meetmgs  for  the  election  of  directors,  for  such 
length  of  time  as  they  may  deem  necessary,  and  at  each 
election  every  stockholder  shall  be  entitled  to  one  vote  for 
each  share  of  stock  owned  by  such  stockholder,  which 
may  be  cast  in  person  or  by  proxy  duly  authorized. 

§   4.     Said  company  shall  commence  said  bridge  within  Ti.ne  of 
one  year,  and  complete  the  same  within  three  years  from  ^'''"• 
the  passage   of  this  act,   and   when   completed,  they   may 
demand  and  receive  for  passing  over  the  same    the  follow- 
ing rates  of  toll,  viz:    for  each   two-horse   pleasure   car-Toiis 
nage  or  vehicle  drawn  by  two   horses  or  other  animals, 
twenty-five  cents,  and  five  cents  for  each  additional  ani- 
mal in  such    team  ;    for  each  two  horse  lumber    wagon  or 
[  A2  ] 


ooniiile- 


Keep  in  repair. 


1853.  402 

like  vehicle,  drawn  by  two  horses  or  other  animals,  fifteen 
cents,  and  for  each  additional  animal  in  such  team,  five 
cents  ;  for  each  one  horse  wagon  or  carriage,  drawn  by 
one  horse  or  other  animal,  ten  cents  ;  for  each  horse  or 
other  animal  and  rider,  five  cents  ;  for  each  foot  passenger, 
three  cents  ;  for  each  head  of  horses,  mules,  asses  or  cat- 
tle, under  and  to  the  number  of  twenty,  not  driven  in  team, 
three  cents,  and  for  all  over  twenty,  two  cents  each  ;  for 
each  head  of  swine  or  sheep,  one  cent. 

§  5.  Said  company  shall  at  all  times,  after  the  comple- 
tion of  said  bridge,  keep  the  same  in  good  order  and  re- 
pair, with  a  safe  and  convenient  passage  to  and  from  the 
same,  unless  the  same  shall  be  carried  away  or  injured  l)y 
high  water  or  other  casualty,  and  then  it  shall  be  speedily 
re-built  or  repaired,  and  shall  at  all  times  allow  a  speedy 
passage  over  the  same  during  the  continuance  of  this  act, 
which  shall  be  fifty  years. 

§  6.  If  any  person  shall  wilfully  do,  or  cause  to  be 
done,  any  injury  to  said  bridge  or  its  abutments,  piers,  or 
the  passage  or  passages  to  or  from  the  same,  such  person 
or  persons  so  offending  shall  forfeit  and  pay  to  said  com- 
pany not  less  than  three  times  the  amount  of  such  injury, 
and  not  more  than  five  times  the  amount  of  such  injury, 
which  may  be  recovered  in  an  action  of  debt,  before  any 
justice  of  the  peace,  to  the  amount  of  one  hundred  dollars, 
or  before  any  other  court  of  competent  jurisdiction. 

§  ''•  ^^y  Person  or  persons  crossing  said  bridge  with 
crossing.  '"'  any  beast  or  animal  faster  than  a  walk,  shall  forfeit  and  pay 
to  said  company  five  dollars  for  each  and  every  such  offence, 
which  may  be  recovered  in  an  action  of  debt  before  any 
justice  of  the  peace,  or  otlier  court  of  competent  jurisdic- 
tion :  Provided,  said  company  shall  keep  up  at  each  end 
of  said  bridge,  in  some  conspicuous  place,  notice  to  that 
eflfect  in  large  letters. 

§  8.     This   act   shall  be  taken  and   considered  a  public 
act,  and  shall  be  liberally  construed,  and  shall  be  in  force 
from  and  after  its  passage. 
Approved  February  12,  1853. 


m  force  Feb.  9,  AN  ACT  to  incorporate  the  Grand  Royal  Arch  Chapter  of  the  State  of  Illi- 
1863.  nois,  and  the  subordinate  chapters  under  its  jurisdiction. 

Section  1.  Be  it  enacted  hy  the  people  of  the  state  of 
Illinois,  represented  in  the  General  ^^ssembli/,  That  the 
corpuraus.  Grand  High  Priest,  Deputy  Grand  High  Priest,  Grand 
King,  Grand  Scribe,  Grand  Treasurer,  Grand  Secretary, 
Grand  Chaplain  and  Grand  Marshal  for  the  time  being,  and 
their  successors    in    office,  the  Past  Grand  High  Priests, 


Penalty 


403  1853. 

Past  Deputj  Grand  High  Priests,  Past  Grand  Kings  and 
Past  Grand  Scribes  of  the  Grand  Royal  Arch  Chapter  of 
the  State  of  Illinois  who  shall  be  and  rem;un  members  of 
subordinate  chapters,  together  witli  the  High  Priests,  Kings 
and  Scribes  of  the  several  chapters  subordinate  to  said 
Grand  Chapter,  while  holding  said  offices,  shall  be  and  the 
same  are  hereby  forever  declared  and  constituted  into  a 
body  politic  and  corporate,  by  the  name,  style  and  descrip- 
tion of  "The  Grand  Royal  Arch  Chapter  of  tlie  State  of^'>'«- 
Illinois." 

§  2.  The  said  corporation,  by  the  name  and  style  afore- 
said, shall  have  full  power  to  sue  and  be  sued,  plead  and 
be  impleaded,  prosecute  and  defend,  in  all  manner  of  actions 
at  law  or  in  equity,  in  all  places  whatever  where  legal  or 
equitable  proceedings  are  had.  The  said  corporation  shall 
have  power  to  make  such  constitution,  by-laws,  rules  and 
regulations  for  its  own  government,  and  the  management  of 
its  own  concerns,  and  the  government  of  its  subordinates,  as 
shall  be  deemed  advisable,  and  to  alter  or  amend  the  same 
at  pleasure  :  Provided,  that  such  constitution,  by-laws,  rules 
and  regulations  shall  not  conflict  with  the  constitution  and 
laws  of  this  state  and  of  the  United  States. 

§  3.  The  said  corporation,  by  the  name  and  style  afore-  p^g^,  ^^^^^^^ 
said,  shall,  by  their  grand  treasurer  and  grand  secretar)', 
be  capable  in  law  of  purchasing,  holding  and  conveying 
real  estate  for  the  benefit  of  said  corporation,  to  create  a 
charity  fund  and  a  fund  in  support  of  education,  and  for  no 
other  uses  or  benefits  whatever  :  Provided,  that  said  cor- 
poration shall  not,  at  any  one  time,  hold  personal  or  mixed 
property  to  an  amount  exceeding  fifty  thousand  dollars, 
nor  real  estate  to  an  amount  exceeding  one  thousand  acres 
of  land. 

§   4.     The  said  corporation  shall   have  power  to  loan  Loan  money. 
money  belonging  to  the  same,  and  take  promissory  notes 
or  other  evidences  for  the  money  so  loaned,  which  may  be 
recovered  in  their  corporate  name   aforesaid,  in  all  courts 
and  places  whatever  where  judicial  proceedings  are  had. 

§   5.     The  said  corporation  is  also  authorized  to  borrow  Bonow  money. 
money  in  sums  not  exceeding  five  hundred  dollars  at  any 
one  time,  nor  at  a  greater  rate  of  interest  than  eight  per 
cent. 

§  6.  The  mode  of  service  of  any  writ,  summons  or  oth- process, 
er  process  upon  said  corporation  shall  be  by  leaving  an  at- 
tested copy  of  such  writ,  summons  or  other  process  with 
the  grand  secretary,  or  in  his  absence,  with  the  grand  trea- 
surer, or  in  the  absence  of  both,  at  the  last  usual  place  of 
abode  of  either  of  them. 

§   7.     In  the    management  of  its  business  concerns  said  Management   < 
corporation  is  hereby  authorized  to  appoint  such  agents,  '"*^*''"'- 


1853.  404 

officers  and  attorneys  for  that  purpose  as  from  time  to  time 
may  be  deemed  proper. 
subordinates.  §  8.     Each  Subordinate  chapter  under  the  jurisdiction 

of  the  aforesaid  Grand  Royal  Arch  Chapter  now  in  exist- 
also  hereby  declared  to  be  a  body  politic  and  corporate,  by 
and  under  the  name,  style  and  number  set  forth  in  their  re- 
pective  charters,  and  by  such  designation  they  may  respec- 
tively sue  and  be  sued,  plead  and  be  impleaded,  defend  and 
be  defended  against,  in  all  suits  arising  in  law  or  chancery  in 
ence,  or  which  may  hereafter  be  chartered  by  the  same,  is 
all  the  courts  of  this  state,  and  by  said  respective  names 
and  numbers  the  said  subordinate  chapters  respectively 
shall  be  capable  in  law  of  purchasing  or  receiving,  by  pur- 
chase, gift  or  otherwise,  and  of  selling  and  conveying  real 
and  personal  estate  for  the  benefit  of  said  subordinate  chap- 
ters respectively  :  Provided,  that  neither  of  said  subordi- 
nate chapters  shall  at  any  one  time  possess  more  than  five 
hundred  acres  of  land,  or  hold  real  estate  exceeding  in 
value  twenty-five  thousand  dollars  each. 
,    ,.   ,,       ,       5  9.     So  far  as  applicable,  the  provisions  of  sections 

Applicable       to        i  rr  ^     ,  .  i     ii  i  ^■       \.^      *. 

suboiviinates.  four,  five,  SIX  and  seven  of  this  act  shall  be  applicable  to 
each  of  said  subordinate  chapters. 

suboniinatos  §   10.     In  casc  any  Subordinate  chapter  undcr  the  juris- 

cease  to  exist,  (jictiou  of  Said  Grand  Royal  Arch  Chapter  should  cease  to 
exist,  or  forfeit  its  charter,  then  all  the  estate,  real  and 
personal,  togetlier  with  all  the  records,  books,  papers, 
vouchers,  furniture,  jewels,  seals  and  fixtures  belonging  to 
such  chapter  shall  immediately  vest  in  the  said  Grand  Roy- 
al Arch  Chapter,  and  all  personal  property,  the  books,  rec- 
ords, papers,  vouchers,  jewels,  seals,  furniture,  deeds,  mon- 
eys, evidences  of  debt,  leases  or  mortgages  belonging  to 
said  chapter  so  forfeiting  its  charter  or  ceasing  to  exist, 
shall  be  delivered  over  by  the  last  secretary  or  treasurer 
of  the  same  to  the  proper  officer  or  agent  of  said  Grand 
Royal  Arch  Chapter  on  demand,  and  on  failing  to  do  so, 
each  and  every  member  of  such  delinquent  chapter  shall 
be  individually  liable  to  said  Grand  Royal  Arch  Chapter 
in  an  action  of  debt  for  the  full  value  of  the  same. 

file  j^ruccedings  §  H.  The  Said  Grand  Royal  Arch  Chapter  shall  annu- 
ccretaiy  ally  ^^\q  vi'itii  the  Secretary  of  state  the  ])rinted  copy  of  its 
proceedings,  together  with  a  list  of  its  officers  and  a  list  ot 
the  said  subordinate  chapters,  their  officers  and  members, 
which  shall  be  evidence  of  all  it  contains  in  all  matters  af- 
fecting any  of  said  corporations,  so  far  as  ajjplicable  to  them 
respectively.  This  act  shall  be  taken  to  be  a  public  act, 
and  shall  be  liberally  construed.  It  shall  also  take  effect 
from  and  after  its  passage. 
Approved  Februar)  9,  1853. 


o!  sUite. 


40^  1853. 

AN  ACT  (0  incorporate  the  Rutland  Bridge  Company.  i,,"!!^.  ,o, 

Section   1.     Beit  enacted  by  the  people  of  the  slate  of 
illmms,  represented  m  the  General  Assembly,  Tiiat  Joseph 
O.  Glover,  R.  Eaton  Goodell  and   C.  R.  Potter,  and  thiir  corp.«tor.. 
associates,  successors,  heirs  and  assigns,  be  and  they  are 
hereby    constituted  a   body  corporate   and   politic,  by   the 
name   and  style  of  "The  Rutland  Bridge  Company,"  with 
power  to  build,  maintain  and  use  a  toll-bridge  across   the  Tau-i- „,. 
1  ox  river,  at  any  point  within  three  miles  above  the  mouth 
ot  said  river,  at  Ottawa,  in  La  Salle  county,  Illinois,  and 
to   connect  said   bridge  with   any  railroad  at  or  near  said 
point,  and  to  unite  and  consolidate  its  franchises  and  pro- 
perty with  any  and  all  bridge  or  railroad  companies:  to  fix 
the  amount  of  capital  stock;  to  divide,  transfer  and  increase  capi*^  ..oc 
the    same;  to  borrow  money,  and   pledge  or  morto-age  its        "' 
property  and  franchises;  to  condemn  prqjerty  for  the  uses 
and  purposes  of  said  company,  in  the  manner  and  upon  the 
principle  provided    by  the   ninety-second   chapter  of  the 
Revised  Statutes  of  this  stale,  entitled  "Right  of  way  ;"  touig.t.f  .-.. 
bargam    and    agree  with   any  railroad   company,  or  other 
persons,_for   and  in  the   construction  and    maintenance   of 
such    bridge,  and  to  sell  or  lease  said  bridge,  or  the  use  of 
the  same,  or  the  franchises  of  said    company,  to  any  com- 
pany or  corporation. 

§  2.     The  said  bridge  shall  be  deemed  a  public  highway  p„,u,  ,,.-„..,-. 
withmthe  meaning  of  the  laws  providing   for  the   p^mish-   "'"'■'■'*'"""  " 
ishment  ot  persons  injuring,  obstructing  or  destroying  pub- 
Jic  highways  or  bridges  in  any  manner. 

§  3.      Said   company  are  authorized  to    charge  and   re-T„u 

ceive  such  tolls  for  crossing  on  said  bridge  as  may  be  fixed 

by  the    president  and    directors  of  said   company,  not  ex- 
ceedmg    the^  tolls  now   authorized  by  law  to  be  received 
by  the  Fox  River  Bridge   Company,  at  Ottawa.     This  act 
to  be  in  force  from  and  after  its  passage. 
Approved  February  10,  1853.  "^ 


AN  ACT  for  tl.e  relief  of  the  Rockford  Water  Pou-er  Comi^any.  in  f..-..  Feb.  lo 

1853. 

Section   1.     Be  it  enacted  by  the  people  of  the  state  of 
Illinois,   represented  in  the   General  .assembly.    That  the  D.-urec  to  ,.  . 
company   known  as  the  Rockford  Water  Power  Companv    '"'"^^'  '°^p»^^" 
formed  under  an  act  of  the  legislature  of  the  state  of  Illi-  "''"'""• 
nois,  entitled  "An  act  for  the  Wprovement  of  the  navicra- 
tion    of   Rock  river,  and  for  the  production  of  hydraidic 
power,     be  and  the  same  is  hereby  declared  to  have  been 
a   body  corporate   and   politic,   by  the  name  and   style  of 


1853.  406 


"The  Rocliford  Water  Power  Company,"  with  all  the  powers 
conferred  by  said  act  upon  corporations  organized  under  said 
act,  from  the  day  when  the  articles  of  association  of  said 
company  were   first  filed  with  the  recorder  of  the  county 
of  Winnebago;  any  irregularity,  omission,  informality  or  de- 
fective action  in  organizing  said  company  according  to  the 
requirements  of  said  act  to  the  contrary  notwithstandmg. 
§  2.     The  signers  of  said  original  articles  of  association, 
stccihoiders.      ^^j  ^j^g   makers' or  signers  of  all  contracts   or  agreements 
since  made  by  any  person  or  persons,  firms  or  companies, 
thereby  agreeing,  contracting  or  promising  to  take  any  share 
or  number  of  shares  of  the  capital  stock  of  said  company, 
shall  be  held  and  taken  to    be  stockholders  of  said  com- 
pany to  the  number  of  shares  taken  by  them  respectively. 
Act.     declared  And  all  the  acts  of  said  company  electing  directors,  increas- 
""'"•  ing  tlie  capital  stock  of  said  company,  and  making  calls  upon 

the  stock  subscribed,  and  all  contracts,  purchases  and  sales 
of  lands  and  water  rights  made  by  said  company,  when 
made  in  good  faith,  shall  be  and  the  same  are  hereby  de- 
clared to  be,  to  all  intents  and  purposes,  valid  and  binding 
upon  said  company  and  the  stockholders  thereof. 
increase  icapitai  §  3.  The  Said  Company  is  hereby  authorized,  by  the  vote 
stock.  Qf  the  stockholders  owning  a  majority  of  the  capital  stock 

of  said  company,  to  increase  its  capital  stock  to  any  amount 
not  exceeding  fifty  thousand  dollars,  and  to  open  books  ot 
subscription  for  that  purpose,  and  to  receive  subscriptions 
for  as  many  sliares  of  said  stock  as  may  be  subscribed  tor, 
and  to  collect  the  amount  thereof  according  to  the  powers 
conferred  by  the  aforesaid  act.  And  the  said  company  are 
hereby  authorized  to  sue  for  and  collect,  in  any  court 
having  jurisdiction  thereof,  any  calls  that  may  be  due  or 
become  due  from  any  of  the  stockholders  of  said  com- 
pany;  or  in  case  any  of  the  stockholders  shall  refuse  to 
pay  any  calls  due  upon  the  said  stock,  alter  notice  theTeot 
for  thirty  days  in  some  newspaper  of  the  city  of  Rock  ord, 
stock  forw.cd.  to  declare  such  stock  forfeited  to  said  company,  and  the 
several  shares  of  stock  of  said  company  are  hereby  made 
,   .     ,,  assignable,  but  the  said  company  shall  not  be  bound  by 

A,,,gna,e.  ^^^^^i.  assignment  until  the  stockholders  making  such  as- 
signment shall  cause  the  same  to  be  made  upon  the  trans- 
fer books  of  the  said  company. 

^  4.  In  case  the  said  company  shall,  by  the  construc- 
tion of  their  said  works,  overllow  any  lands  belonging 
to  any  other  person,  or  in  case  it  shall  appear  to  said  coni- 
pany  that  the  construction  and  completion  of  their  said 
works  will  everflow  any  lands  belonging  to  any  other  person 
or  i)crsons,  it  shalU  be  their  duty  and  they  are  hereby  au- 
thorized to  apply  to  the  county  court  of  Winnebago  county 
for  a  writ  of  ad  quod  damnum,  or  in  case  there  shall  be  no 
judge  of  any  court,  or  he  shall  be  absent  from  the  county. 


;:agcs. 


407 


1863. 


age. 


or  shall,  in  any  manner,  be  interested  in  the  execution  of 
said  writ,  then   and    in  that  case  the  said  application  shall 
be  made  to  the  circuit   court  of  said  county  at  any   term  circuit  court. 
thereof,  and  such  proceedings   shall  be  had  as  is  now   re- 
quired by  the  statute  in  that  belialf. 

§  5.  The  said  company  are  authorized  and  empowered  i^oitow money. 
to  borrow  from  time  to  time  such  sum  or  sums  of  money 
not  exceeding  the  capital  stock  of  the  company,  as  in  their 
discretion  may  be  necessary  to  aid  in  the  construction  of 
the  said  works,  and  to  pay  any  indebtedness  which  shall 
have  accrued  against  said  company  in  the  premises,  and 
to  pay  any  rate  of  interest  therefor  not  exceeding  twelve 
per  cent,  per  annum,  and  to  pledge  and  mortgage  the  works  Mort; 
of  said  company  and  their  appendages,  or  any  part  there- 
of,_or  any  other  property  or  effects,  rights,  credits  or  fran- 
chises of  the  said  company  as  security  for  any  loan  of  mon- 
ey, and  interest  tliereon,  and  to  dispose  of  the  bonds  of  said 
company  for  such  loan,  at  such  rate,  in  such  amounts  and 
upon  such  terms  as  the  board  of  directors  may  determine. 

&   6.     The  directors  of  said  company  are  hereby  author-  Bv-ia 
ized  to  make  such  regulations  and  by-laws  respecting  the 
affairs  of  said  company,  and  the  management  therejf,  as 
they  may  deem  necessary,  not  inconsistent  with  the  laws 
and  constitution  of  this  state  and  the  United  States. 

§  7.  This  act  shall,  in  the  courts  of  this  state,  be  held 
to  be  a  public  act,  and  shall  take  effect  from  and  after  its 
passage. 

Approved  February  10,  1853. 


AN  ACT  to  incorporate  the  Northern  Illinois  Agricultural  Colleo-e. 


In  force  Feb.  123 


Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Assernhhj,  That  John  corpo.a 
Colyin,  Smiley  Shepherd,  John  Grable,  L.  L.  Bullock,  Lewis 
Beck  and  William  A.  Pennell,  and  tiieir  successors,  be 
and  they  are  hereby  created  a  body  politic  and  corporate, 
by  the  name  and  style  of  "The  Northern  Illinois  Agricul-  stvie. 
tural  College,"  and  by  that  name  and  style  to  remain  and 
have  perpetual  succession.  The  institution  shall  remain 
and  be  permanently  located  within  the  limits  of  Putnam 
county,  at  such  place  as  shall  be  determined  hereafter  by 
the  stockholders:  Provided,  that  it  shall  require  a  ma- 
jority of  all  the  stockholders  to  determine  such  place  or 
location. 

§  2.     For  the   present,  the   aforesaid  individuals  shall' 
constitute  the  board  of  trustees  for  said  institution. 


1853. 


Local  i 


1853.  408 

.jecJs.  §   3.     The  object  of  said    corporation  shall  be  the  pro- 

motion of  the  general  interests  of  agricultural  and  me- 
chanical education,  and  to  qualify  students  to  engage  in 
the  several  pursuits  and  employments  of  society,  and  to 
discharge  honorably  and  usefully  the  various  duties  of 
life. 

iporatc powers  §  4.  The  corporatc  powers  hereby  created  shall  be 
such  only  as  are  essential  or  useful  in  the  attainment  of 
said  object,  and  such  as  are  usually  conferred  on  similar 
bodies  corporate,  viz  :  to  have  perpetual  succession,  to 
make  contracts,  to  sue  and  be  sued,  to  plead  and  be  im- 
pleaded, to  grant  and  receive  by  its  corporate  name,  and 
to  do  all  other  acts  the  same  as  natural  persons  ;  to  accept, 
acquire,  purchase  or  sell  property,  real,  personal  or  mixed, 
in  all  lawful  ways,  to  use,  employ,  manage  and  dispose  of 
all  such  property  and  money  belonging  to  said  corporation, 
in  such  manner  as  shall  seem  to  the  trustees  best  adapted 
to  promote  the  objects  aforementioned,  and  to  have  a  com- 
mon seal,  and  to  alter  the  same  at  pleasure  ;  to  make  such 
by-laws  for  its  regulation  as  shall  not  conflict  with  the 
constitution  and  laws  of  the  United  States  or  of  this  state, 
i.nd  to  confer  on  such  persons  as  may  be  considered  worthy 
such  academical  and  honorary  degrees  as  the  nature  and 
title  of  the  institution  indicate. 

airseofstuaies  §  5.  The  trustccs  of  the  corporation  sliall  have  au- 
thority from  time  to  time  to  prescribe  and  regulate  the 
course  of  studies  to  be  pursued  in  said  institution,  and  in 
the  preparatory  departments  attached  thereto;  to  fix  the 
rate  of  tuition,  room   rent    and   college  expenses  ;  to  ap- 

piK.int  officers,  point  iustructors  and  such  other  officers  and  agents  as  may 
be  necessary  in  managing  the  concerns  of  the  institution, 
to  define  their  powers,  duties  and  employments,  to  fix  their 
compensation,  to  displace  and  remove  either  of  the  in- 
structors, officers  or  agents  as  said  trustees  shall  deem  to 
the  interest  of  the  said  institution  to  require  ;  to  fill  all  va- 
cancies   among   said   instructors,   officers    and   agents;   to 

rfct,  iniiidin?.-.  purchase  lands,  erect  suitable  buildings,  to  purchase  books 
and  chemical  and  philosophical  apparatus,  and  other  suita- 
ble means  of  instruction;  to  put  in  operation  a  system  of 
manual  labor  for  the  purpose  of  lessening  the  expenses  of 
education  and  promoting  the  health  of  the  students,  and  to 
add,  as  the  ability  of  said  institution  shall  increase  and  the 
interest  of  the  community  shall  require,  additional  depart- 
ments for  the  study  of  the  agricultural  and  mechanical  arts 
on  scientific  principles. 

^^^^^_^_  trustee       §  ^'      '^^^   trustees  shall   have   power  to  remove  any 

""'"^'trustee  from    his  office  of  trustee  for  any  dishonorable  or 

criminal  conduct :  Prcvided,  that  no  such  removal  shall 

take  place  without  giving  to  such  trustee   notice  of  the 

charges  exhibited  against  him,  and  an  opportunity  to  de- 


409  1858. 

fiend  himself  before  the  board,  nor  unless  two-thirds  of  th^ 
whole  number  of  trustees  shall  concur  in  such  removal. 
|The  trustees  shall  also  have  power,  in  case  of  a  removal 
ifrom  office,  death,  resignation,  or  a  removal  out  of  tlie  state, 
iof  any  one  of  their  number,  to  fill  such  vacancy  occasioned  ^^'"^''''^'^'"'■'' 
by  such  removal,  death,  resignation,  or  removal  out  of  the 
state,  to  serve  until  the  next  annual  election  to  be  held  as 
hereinafter  provided.  A  majority  of  trustees  shall  be  suffi- 
cient to  constitute  a  quorum  to  do  business. 

§  7.  This  corporation  shall  have  power  and  authority  ^^''''■'"^*"''^' 
to  raise  a  capital  stock,  in  shares  of  fifty  dollars  each,  to 
the  amount  of  one  hundred  thousand  dollars,  exclusive  of 
such  sums  as  may  be  given  by  donation,  bequest  or  other- 
wise, to  be  used  as  a  college  fund,  and  devoted  exclusively 
to  the  purposes  of  education,  and  that  so  soon  as  two  hun- 
dred shares  or  ten  tliousand  dollars  of  said  stock  shall  be 
subscribed,  the  stockholders  will  be  hereby  authorized  to 
organize  and  locate  said  institution. 

§  8.  The  trustees  shall  faithfully  apply  all  funds  by  them  ^PPi^^'''*'0"  ''' 
collected,  or  to  be  collected  hereafter,  according  to  their 
best  judgment,  in  purchasing  lands,  erecting  suitable  build- 
ings, in  supporting  the  necessary  instructors,  officers  and 
agents,  in  procuring  books,  maps,  charts,  globes,  philosophi- 
cal and  chemical  apparatus  necessary  to  aid  in  the  promotion 
of  sound  learning  in  the  institution  :   Provided,  that  in  case  P''^'^'*^"- 

S'iny  donation,  devise  or  bequest  shall  be  made  for  particu- 
ar  purposes,  accordant  with  the  objects  of  the  institution, 
and  the  trustees  shall  accept  the  same,  every  such  dona- 
tion, devise  or  bequest  shall  be  applied  in  conformity  with 
^he  express  condition  of  the  donor  or  devisor  :  Provided^ 
also,  that  lands  donated  or  devised  as  aforesaid  shall  be 
sold  or  disposed  of  as  required  by  the  fourteentli  section 
of  this  act. 

§  9.  The  treasurer  of  said  institution  always,  and  alP™''"^' 
other  agents  when  required  by  the  trustees,  before  entering 
upon  the  duties  of  tlieir  appointment,  shall  give  bonds  for 
the  security  of  the  corporation  in  such  penalsum  and  with 
such  securities  as  the  board  of  trustees  shall  approve,  and 
all  process  against  the  said  corporation  shall  be  by  sum- 
mons, and  service  of  the  same  shall  be  by  leaving  an 
attested  copy  with  the  treasurer  of  said  institution  at  least 
thirty  days  before  the  return  day  thereof. 

§  10.  Tiie  trustees  of  said  institution  shall  not  exceed  jto.  of  trnstoes. 
six,  exclusive  of  the  president,  principal,  or  presiding 
officer  of  said  institution,  who  shall  be  ex-oj/icw  a  mem- 
ber of  the  board  of  trustees.  Said  trustees  siiall  be  elected  Time  of  election, 
annually  on  the  third  Thursday  in  October,  at  such  place 
within  the  county  of  Putnam,  and  under  the  direction  of 
such  persons  as  a  majority  of  the  trustees  for  the  time  be- 


seeretary. 


1853.  410 

ing    shall   appoint,  by  a   resolution  to  be  entered  on  thei 
minutes. 

§  11.  All  elections  shall  be  by  ballot,  and  may  b 
given  in  person  or  by  proxy,  allowing  one  vote  to  eac^ 
share  of  tlie  capital  stock,  and  such  persons  at  said  elec 
tion  having  the  greatest  number  of  votes,  shall  be  trustee 
of  said  institution;  and  if  at  any  election  any  two  or  mon 
out  of  the  six  who  have  the  greatest  number  of  votes  shal 
have  an  equal  number  of  votes,  so  as  to  leave  their  elec 
tion  undecided,  then  the  trustees  who  have  been  dul3 
elected  shall  proceed  by  ballot,  and  by  a  plurality  deter- 
mine which  of  said  persons  so  having  an  equal  number  o; 
votes  shall  be  trustee  or  trustees,  so  as  to  complete  tht 
whole  number. 
^'!fpr«t?rt  ""'^  ^  ^^"  '^'^^  trustees  shall  elect  a  president  and  secre- 
tary of  the  board  of  trustees  from  among  their  own  body, 
and  also  appoint  some  suitable  person  the  treasurer  of  said 
institution,  to  serve  for  the  term  of  one  year,  and  until  his 
successor  sliall  be  api^ointed. 
Open  to  all  de-  §  13.  The  Said  institution  and  its  preparatory  depart- 
christiansT  "*ments  shall  be  open  to  all  denominations  of  christians,  and 
the  profession  of  any  particular  religious  faith  shall  not 
be  required  of  those  who  become  students.  All  persons, 
however,  who  are  idle  or  vicious,  or  whose  characters  are 
immoral,  may  be  suspended  or  expelled. 
Property.  §    14.     The  lands,   tenements   and  hereditaments  to  be 

held  in  perpetuity  in  virtue  of  this  act  by  this  corporation 
Proviso.  shall  not  exceed  one  thousand   acres  :   Provided.,  huicever, 

that  if  donations,  grants,  or  devises  in  lands  shall  from 
time  to  time  be  made  to  this  corporation,  over  and  above 
one  thousand  acres,  which  may  be  held  in  perpetuity,  as 
aforesaid,  the  same  may  be  received  and  held  by  sucii  cor- 
poration for  the  period  of  ten  years  from  the  date  of  every 
such  donation,  grant  or  devise  ;  at  the  end  of  which  time, 
if  the  said  lands,  over  and  above  the  one  thousand  acres, 
shall  not  have  been  sold  by  the  said  corporation,  then  and 
in  that  case  the  said  lands  so  donated,  granted,  or  devised 
shall  revert  to  the  donor,  grantor,  or  the  heirs  of  the  devi- 
sor of  the  same,  if  the  donor,  grantor  or  the  heirs  of  the 
same  shall  so  demand, 

'taxauon    "°°'      ^    ^^"     ^^^  ^''*^  ^'*^*^   ^"^  personal  estate  belonging  to  or 
to  belong  to  said  corporation  sliall  be  exempted  from  tax- 
ation for  any  and  all  purposes  whatever. 
Approved  February  12,  1853. 


411  1863. 

AN  ACT  to  amend  an  act  entitled  "An  act  to  incorporate  the  Mechanics'  in  force  Feb.  lo, 
Institute,  in  the  city  of  Chicago,''  approved  January  2d,  A.  D.  1843.  1853. 

Section  1.  Be  it  enacted  by  the  peojjle  of  the  state  of 
Illinois,  represented  in  the  General  jissemblij,  That  for  Real  estate. 
the  purpose  of  enabling  the  said  Mechanics'  Institute  to 
purchase  and  hold  such  real  estate  in  the  city  of  Chicago, 
and  of  the  erection  thereon  of  such  buildings  as  the  said  insti- 
tutemay  require,  the  said  Mechanics'  Institute  is  hereby  au- 
thorized and  empowered,  at  any  time  liereafter  when  it  is 
is  thought  best,  by  a  resolution  to  be  entered  upon  the  re- 
cords of  said  institute,  to  create  a  capital  stock  of  one  capUa!  steet. 
hundred  thousand  dollars,  divided  into  shares  of  ten  dollars 
each,  with  the  privilege  to  said  institute,  at  any  time  there- 
after, of  increasing  the  same  to  a  sum  not  exceeding,  in  the 
aggregate,  five  hundred  thousand  dollars,  to  be  subscribed 
for  under  such  restrictions  and  in  such  manner,  and  to  be 
paid  in  by  such  instalments,  at  such  times  and  places, 
in  such  proportions,  and  subject  to  such  forfeitures  for 
non-payment  of  instalments,  as  said  Mechanics'  Institute 
may  think  proper  to  prescribe.  Said  capital  stock,  when 
subscribed,  shall  be  under  the  control  of  said  institute, 
through  the  board  of  trustees,  to  be  created  as  hereinafter 
mentioned,  and  shall  be  only  used  for  the  purposes  of  pur- 
chasing or  paying  for  a  lot  or  lots  in  said  city  of  Chicago, 
the  erection  thereon  of  such  building  or  buildings  as  may  Buildings. 
be  deemed  by  said  institute  necessary  or  proper  for  its  use, 
and  to  aid  in  effecting  the  objects  of  said  institute  as  the 
same  are  set  forth  in  the  second  section  of  the  act  to  which 
this  is  an  amendment.  And  the  said  Mechanics'  Institute 
is  hereby  authorized  to  purchase  and  hold  such  lot  or  lots 
in  Chicago  aforesaid,  for  the  purposes  aforesaid,  of  a 
value  not  exceeding,  at  the  time  of  purchase,  the  sum  of 
fifty  thousand  dollars,  and  to  erect  such  buildings  thereon, 
at  any  time  thereafter,  as  said  institute  may  deem  proper. 
The  money  that  shall  or  may  be  raised  upon  the  stock  so  i'i>*po»'''on  of 
to  be  subscribed  as  aforesaid  shall  be  held  by  said  insti- 
tute as  a  separate  fund  by  itself  and  apart  from  the  general 
fund  of  said  society,  and  shall,  in  no  event,  be  liable  for 
or  taken  to  pay  any  of  the  debts  of  said  society,  excepting 
those  that  may  be  incurred  for  the  purpose  for  which  such 
stock  shall  be  created  as  the  same  shall  be  expressed  in  the 
subscription  papers  for  such  stock.  The  said  institute 
shall  have  the  right  to  create  a  board  of  trustees,  to  be 
elected,  hold  their  office  for  such  time,  and  have  such  pow- 
ers as  said  institute  may  direct ;  but  said  board,  when  crea- 
ted, shall  have  the  management  and  control  of  the  funds  to 
be  raised  from  said  stock,  and  shall  give  such  security  as 
said  institute  may  require. 


1853. 


Act  repealed. 


412 

§  2.  So  much  of  said  act  of  which  this  is  an  amend- 
ment as  conflicts  with  the  substance  and  spirit  of  this 
amendment  is  hereby  repealed. 

§  3.  The  members  of  the  Mechanics'  Institute  sliall  be 
competent  witnesses  in  all  cases  in  which  said  institute  may 
be  a  party,  whether  suits  shall  be  between  said  institute  and 
members  thereof  or  any  other  persons,  and  the  fact  of 
membership  shall  only  go  to  the  credibility  of  such  witness. 

§  4.  This  act  shall  take  efl^'ect  from  and  after  its  pas- 
sage. 

Approved  February  10,  1853. 


;i  loi'ci!  Fob 


1-2,  AN  ACT  to  create  and  establish  tl.e   Mississippi  and  Fevfe  River  Porta-e 
Canal  Company^  ° 

Section   1.     Be  it  enacted  by  the  people  of  the  state  of 
mmois,  represented  in  the  General  Assembly,  That  John 
Dement,  of  the  county  of  Lee,  and  James  Carter,  of  the 
county    of  Jo    Daviess,  and  their    associates,    successors, 
heirs   and   assigns,  are  hereby  created  a  body  politic  and 
corporate,  under  the  name  and  style  of  "The  Mississippi 
and  Fevre  River  Portage  Canal  Company,"  and  by  that 
name  and  style  shall  have  perpetual  succession;  and  said 
-••^.  company  are  hereby  made  capable  of  suing  and  bein^  sued, 
of  pleadmg  and  being  impleaded,  of  defending  and"  being 
aefended,  m  all  courts  of  law  or  equity  or  other  places,  in 
this  state  or  elsewhere,  of  contracting  and  being  contract- 
ed with  ;  and  said  company  shall  have  authority  to  make, 
have  and  use  a  common  seal,  and  the  same  to  renew  and 
alter  at  pleasure;  and  said  company  are  hereby  vested  with 
all  powers,  privileges  and  immunities  which  a"re  or  may  be 
necessary  to   carry  into  effect  the  objects  and  purposes  of 
this  act  hereinafter  mentioned,  set  forth  or  referred  to,  and 
to  exercise  and  enjoy,  for  the  purposes  of  said  company, 
the  rights  and  privileges  of  natural  p(^rsons. 
)n-      §   2.     Said  company  arc  hereby  authorized  and  empow- 
ered to  locate,  construct,  establish  and  fully  and  finally 
complete  a  steaml)oat  canal  to  connect  the  waters  of  tlie 
Mississippi  and  Fevre  rivers  at  a  place  or  slough  called 
Portage,  at  or  near  section  one,  townshi])  tweirty-seven 
north,  range  one  west,  in  the  county  of  Jo  Daviess;  in  said 
state ;   and   the   said    company  arc  herebv  empowered  to 
make  said   canal  of  sufficient  width  and  "depth  to  admit 
steamboats  and  other  water  crafts  naviga.ing  or  plying  on 
said  rivers  to  pass  through  the  same,  and  may  erect 'and 
maintain  all  such  locks  and  embankments  as  may  be  ne- 
cessary to  render  the  navigation  by  or  tliiough  said  canal 


413 


1853. 


good  and  sufficient ;  and  for  the  purpose  of  constructing 
the  said  canal,  and  for  materials— stone,  earth  and  o-ravel 
the  said  company  may  take  and  use  as  much  more  land  on 
the  sides  of  the  said  canal  as  may  be  necessary  for  the 
proper  construction  and  security^iof  the  same,  in  conformi- 
ty with  -'An  act  to  amend  the  law  condemning  rio-ht  of 
way  for  the  purposes  of  interna]  improvement,"''apm-oved 
June  22d,  1852.  Uxoveu 

§  3.  The  capital  stock  of  said  company  shall  be  fifty  caoiui  ^ 
thousand  dollars,  and  may  be  increased  to  any  such  sum 
as  may  be  necessary  to  fully  and  finally  complete  said  ca- 
nal, and  to  equip  and  manage  tlie  same.  The  immediate 
control,  government  and  direction  of  the  affairs  and  organ- 
ization ot  said  company  and  company  franchises  shall  be 
vested  in  tiie  persons  named  in  the  first  section  of  this  act, 
witii  power  and  authority  to  adopt  such  rules  and  by-laws 
and  all  other  things  to  do  and  perform  necessary  to  the 
complete  organization  of  said  company,  and  to  conducting 
the  same,  and  to  provide  for  opening  books  and  obtaining 
subscriptions  to  the  capital  stock  of  said  company,  and  for 
the  calling  of  meetings  of  the  same  ;  the  shares  to  be  divi- 
ded into  sums  of  one  hundred  dollars  each. 

§   4.      Tiie  company  hereby  incorporated  shall  have  pow-  sonow  m 
er  to  procure  a  loan  or  loans  of  money  as  may  be  deemed 
necessary  for  the  construction  of  said  canal,  and  may  pledge 
the  said  canal  for  the  payment  thereof. 

§  5.  The  said  company  shall  have  power  and  authority  cm  canai 
to  agree  with  any  person  or  persons  in  behalf  of  said  com- 
pany to  cut  the  said  canal,  and  execute  such  other  works 
as  shall  be  deemed  necessary  for  the  due  navigation  of  said 
canal  and  such  works  as  are  necessary  thereto;  to  appoint 
sucn  toll-gatherers,  managers  and  operatives  as  they  shall 
deem  requisite  ;  to  make  and  establish  rules  of  proceeding, 
and  transact  all  other  business  and  concerns  of  said  com- 
pany necessary  for  its  control  and  management,  not  incon- 
sistent with  the  laws  of  this  state  or  the  United  States. 

§  6.  The  said  company  are  hereby  empowered  to  de-Toiis 
naand  and  receive,  at  appropriate  places  on  said  canal,  for 
all  steamboats,  keel  boats,  barges,  raits,  flat  boats  or  other 
water  crafts  passing  through  said  canal,  such  rate  of  tolls 
as  the  company  may  establish,  not  to  exceed  the  followino 
rates  :  For  every  steamboat,  three  dollars  ;  for  every  keel 
boat,  one  dollar  and  fifty  cents  ;  for  every  barge,  one  dol- 
lar and  fifty  cents  ;  for  every  flat  boat,  one  dollar  ;  for  ev- 
ery raft  of  boards,  plank  or  square  timber,  not  exceeding 
one  hundred  feet  in  length,  two  dollars  and  fifty  cents  ;  for 
every  raft  of  boards,  plank  or  square  timber  exceeding  one 
hundred  feet  in  length,  four  dollars  ;  for  every  raft  of  saw 
logs,  not  exceeding  one  hundred  feet  in  length,  two  dollars 
and  fifty  cents  ;  for  every  raft  of  saw  logs'exceedino-  one 


1853.  414 

hundred  feet  in  length,  four  dollars  ;  for  every  other  raft, 
three  dollars  ;  for  every  lighter,  one  dollar;  for  every  craft 
of  smaller  denomination,  fifty  cents. 

§  7.  This  act  shall  be  deemed  and  taken  in  all  courts 
and  places  as  a  public  act,  and  shall  be  in  force  from  and 
after  its  passage. 

Approved  Febuary  12,  1853. 


In  force  FeD.  9,       AN  ACT  to  incnrporate  the  Calhoun  County  Agricultural  Company. 
1853. 

Section  1.  Bt  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Jissembly,  That  Ben- 

corporators.  jamin  Bcclc,  Edward  C.  Bosbysliell,  Lafayette  McCrillis, 
Paris  H.  Mason  and  Henry  G.  Stiles,  and  their  associates, 
successors   and   assigns,  are   hereby   created   a  body  cor- 

styie.  porate  and  politic,  under  the  name  and  style  of  "The  Cal- 

houn County  Agricultural  Company,"  with  perpetual  suc- 
cession, and  by  that   name  be  and  they    are   hereby   made 

General  powers,  capable,  in  law  and  in  equity,  to  sue  and  be  sued,  plead 
and  be  impleaded,  defend  and  be  defended,  in  any  court  of 
law  or  equity  in  this  state,  or  any  other  place  ;  to  make, 
have  and  use  a  common  seal,  and  the  same  to  renew  or 
alter  at  pleasure  ;  and  shall  be  capable  in  their  corporate 
name  aforesaid  to  purchase,  hold  and  convey  any  real 
estate,  lands,  tenements  and  hereditaments,  in  the  county 
of  Calhoun  and  state  of  Illinois,  not  exceeding  ten  thou- 
sand acres  in  all,  and  such  personal  goods  and  chattels  as 
may  be  necessary  to  the  objects  of  this  incorporation,  and 
shall  be  and  hereby  are  vested  with  all  the  powers,  priv- 
ileges and  immunities  which  are  or  may  be  necessary  to 
carry  into  effect  the  purposes  and  objects  of  this  act. 

stock.  §  2.     Tlie   stock  of  said    corporation   shall   be  divided 

into  one  hundred  shares  of  one  hundred  dollars  each,  and 
it  shall  be  lawful  for  the  president  and  directors  of  said 
corporation  to  call  for  and  demand  of  the  stockholders 
respectively  all  such  sums  as  are  subscribed  for  by  them, 
at  such  time  and  in  such  proportion  as  they  shall  deem  fit, 
not  exceeding  ten  dollars  on  each  share  at  any  one  time, 
under  penalty  of  the  forfeiture  of  their  shares,  and  all  pre- 
vious payments  made  thereon,  to  the  said  corporation; 
shall  give  at  least  ten  days'  notice  in  writing  of  such  call 
and  demand. 

CoBstrua  fence.  §  3.  The  company  shall  have  the  right,  and  are  hereby 
vested  with  the  power  to  locate  and  construct  a  fence 
running  from  the  Mississippi  river,  on  section  twenty-two, 
in  fractional  township  thirteen  south,  and  range  one  west 
of  the  fourth  principal  meridian,  to  section  nine  or  ten  in 


415  1853. 

laid  fractional  township,  so  as  to  make  one  lot  or  common 
'eld  of  all  of  the  lands  lying  and  being  in  said  fractional 
pwnship,  east  of  said  fence,  between  the  said  two  rivers, 
Ind  the  right  to  restrain  any  person  or  persons  from  turn- 
ing any  cattle,  liorses,  or  other  stock  whatsoever  out  at 
|irge  within  said  enclosure,  except  at  such  times  as  said 
ompany  may  direct  and  allow. 

§  4.  Tlie  said  corporation  are  hereby  authorized,  by  tlieir  suivoys. 
.gents  and  surveyors,  to  cause  such  an  examination  and 
urvey  to  be  made  as  shall  be  necessary  to  determine  the 
oute  for  the  line  whereon  to  construct  said  fence;  and  it 
hall  be  lawful  for  said  company  to  enter  ujton  and  take 
ossession  of  and  use  all  such  land  and  real  estate  as  may 
e  necessary  for  the  construction  and  maintenance  of  said 
mce,  and  also,  as  soon  as  said  fence  mayor  shall  be  com- 
leted,  or  as  soon  thereafter  as  the  directors  of  said  com- 
any  may  direct,  erect  good  and  substantial  gates  across 
ny  roads  in  the  line  of  said  fence  leading  across  said  en- 
losure  heretofore  or  hereafter  to  be  laid  out  or  located 
y  authority  of  law,  and  drive  back  all  cattle  and  stock 
whatsoever,  and  turn  the  same  out  of  said  enclosure, 
which  may  be  found  running  at  large  in  the  same  :  Pro- 
ided,  that  all  lands  or  real  estate  entered  upon  and  taken 
ossession  of  and  used  by  said  company  for  the  purposes 
f  maintenance  and  accommodation  of  said  fence,  or  upon 
rliich  said  fence  shall  have  been  located  or  determined 
y  said  company,  shall  be  paid  for  by  said  company  in 
lamages,  if  any  be  sustained  by  the  owner  or  owners  Damages. 
hereof,  for  tlie  use  of  the  same,  for  the  purpose  of  said  fence; 
nd  all  damages,  that  may  accrue  to  any  person  or  persons 
?ho  own  lands  or  real  estate  within  the  boundaries  of  said 
ield,  by  reason  of  not  letting  stock  run  at  large  in  the 
ame,  in  damages,  if  any  be  sustained  by  the  owner  or 
wners  of  land  thereof ;  and  all  lands  entered  upon  and 
aken  for  the  use  of  said  corporation,  which  are  not  do- 
ated  to  said  company,  or  the  right  of  way  to  the  same, 
hall  be  paid  for  by  said  corporation  at  such  price  as  may 
e  mutually  agreed  upon  by  the  said  company  and  the 
jwner  or  owners  of  such  lands  ;  and  in  case  of  disagree- 
inent,  the  price  shall  be  estimated,  fixed  and  recovered  in 
he  manner  provided  for  taking  lands  for  the  construction 
f  public  roads. 

§  5.  If  any  person  or  persons  shall  wilfully  or  mali- penalty  lorinju- 
liously  or  wantonly  turn  in  any  kind  of  stock  into  said  en-  ^^'' 
ilosure,  or  negligently  open  any  gates,  or  tear  down  or 
lestroy  any  thing,  or  do  any  act  by  which  said  company 
»e  damaged,  he,  she  or  they,  or  any  person  assisting,  shall 
Drfeit  and  pay  to  said  company,  for  every  offence,  treble 
he  amount  of  damage  that  shall  be  proved  before  any  com- 
)etent  court  having  jurisdiction  of  the  amount  claimed,  and 


1853.  '  416 

be  sued  for  in  the  name  of  said  company,  and  such  offend- 
er or  offenders  shall  be  deemed  guilty  of  a  misdemeanor, 
and  shall  be  liable  to  an  indictment  in  the  same  manner  as 
other  indictments  are  found  in  like  cases. 

Management  of      §  6.     The  stock,  property,  concerns  and  affairs  of  the  said 

aTiirs.  corporation  shall  be  managed  and  conducted  by  three  di- 

rectors, who  shall  be  annually  elected  on  the  first  day  of 
March,  at  such  places  as  the  by-laws  of  said  corporation 
shall  direct,  by  giving  notice  in  writing  at  least  thirty  days 
to  each  stockholder  of  the  time  and  place  previous  thereto, 
and  the  election  shall  there  and  then  be  made  by  sucl 
stockholders  as  shall  then  and  there  attend  for  that  purpose. 
in  person  or  by  proxy  ;  and  all  elections  shall  be  by  ballot, 
each  share  iiaving  one  vote,  and  the  persons  having  tin 
largest  number  of  votes  shall  be  the  directors  for  said  year: 
and  the  directors,  soon  as  may  be  practicable  after  their 
election,  shall  proceed  in  like  manner  to  elect  one  of  their 
number  president. 

Vacancy.  §   7.     If  any  vacancy  shall  at  any  time  happen  among 

the  directors  elected  by  the  stockholders  as  aforesaid,  by 
death,  resignation  or  otherwise,  such  vacancy  shall  be  filled 
by  such  person  or  persons  as  the  remaining  directors  shall 
appoint. 

§  8.  That  in  case  it  shall  at  any  time  happen  that  an 
election  of  directors  shall  not  be  made  on  the  day  pursuant 
to  this  act  it  should  have  been  made,  the  said  company  shall 
not  for  that  cause  be  dissolved,  but  it  sliall  be  lawful  to 
hold  such  election  on  such  other  day  in  the  manner  afore- 
said as  shall  be  regulated  by  the  by-laws  of  the  company.. 
§  9.     That  the  majority  of  the  directors  for  the  time  be-' 

'^'^  "''  ing,  either  by  person  or  by  proxy,  (provided  the  said  ii 

jority  are  owners  of  more  than  one-half  of  the  number  of 
shares  owned  by  the  whole,)  shall  have  the  right  to  form  a 
board  or  quorum  for  the  transaction  of  business  for  the  said 
company,  and  shall  have  power  to  make  and  prescribe  such 
by-laws,  rules  and  regulations,  not  repugnant  to  the  constitu- 
tion and  laws  of  the  United  States  and  this  state,  as  to  them 
shall  appear  needful  and  proper,  touching  the  concerns  of 
said  company,  and  shall  have  power  to  appoint  and  em- 
ploy as  many  agents  and  laborers  for  carrying  on  the  busi- 
ness and  objects  of  said  corporation,  with  such  pay  and 
allowance  as  they  may  see  fit  and  proper. 

5   10.     That  the  stock  of  said  company  shall  be  deemed' 

stock      personal        b  .  ,    ,  n        i  ■,      •  ^  i,    II  i 

i-roiHity.         personal  estate,  and  transferable  m  sucli  manner  as  shall  I 

be  prescribed  by  the  by-laws  of  said  company. 
Trnr.Mov  or  stock      §11-     That  no  transfer  of  said  stock  shall  be  valid  ori 
effectual  until  such  transfer  shall  be  entered  or  registered)^ 


417  1853. 

by  the  officers  duly  appointed  for  that  purpose,  in  a  book 
to  be  kept  by  the  president  and  directors  for  that  purpose. 

§   12.     This  act  to  take  effect  from  and  after  its  passao-e. 

Approved  February  9,  1853.  ° 


AN  ACT  to  incorporate  the  Pekin  Water  Company,  In  fo,.cp  p^,,,.  p, 

1853. 

Section  1.  Be  it  enacted  hy  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Assembly,  That  Samuel 
P.  Baily,  Peter  A.  Brower,  Benjamin  S.  Prettyman,  Benja-^^orporar.rs. 
min  Kellogg,  jr.,  J.  C.  Thompson,  Daniel  McCook,  Henry 
Wisner,  Peter  Weyrick,  Daniel  M.  Baily,  William  B.  Doo- 
little  and  Middleton  Tackaberry,  and  such  other  persons 
as  they  may  associate  with  them  for  that  purpose,  are  here- 
by made  and  constituted  a  body  corporate  and  politic,  by 
the  name  and  style  of  "The  Pekin  Water  Company,"  with 
perpetual  succession  ;  and  by  that  name  and  style  shall  b«  General  pow«s. 
capable  in  law  of  taking,  holding,  purchasing,  leasing, 
selling  and  conveying  estate  and  property,  real,  personal 
and  mixed,  so  far  as  the  same  may  be  necessary  for  the 
purposes  hereinafter  mentioned,  and  in  their  corporate 
name  may  sue  and  be  sued  ;  to  have  a  common  seal,  which 
they  may  alter  or  renew  at  pleasure;  may  have  and  exer- 
cise all  powers,  rights,  privileges  and  immunities  which 
are  or  may  be  necessary  to  carry  into  effect  the  purposes 
or  objects  of  this  act  as  the  same  are  herein  set  forth. 

§  2.  The  Pekin  Water  Company  shall  have  full  power  Power  to  buirn. 
and  authority  to  locate,  and  from  time  to  time  alter,  change, 
relocate,  construct,  reconstruct  and  fully  finish,  perfect 
and  maintain  all  such  works,  dams,  canals,  water  reser- 
voirs, water  pipes,  mills,  pumps,  steam  engines,  aqueducts, 
hydrants  and  all  such  houses  and  buildings  necessary  for 
water  works  to  supply  with  water  the  city  of  Pekin,  in  the 
county  of  Tazewell,  and  state  of  Illinois;  and  for  that  pur- 
pose the  said  company  shall  have  full  power  and  authority 
to  lay  out,  designate  and  establish  their  said  water  works, 
and  may  take  and  appropriate  to  their  own  use  any  lands 
necessary  for  said  water  works,  not  exceeding  sixty  feet 
in  width  along  the  entire  line  from  the  lake  east  of  the 
city  of  Pekin,  called  and  known  by  the  name  of  "Baily's 
lake,"  to  and  through  any  part  of  said  city— said  company 
taking  all  such  lands  by  gift,  purchase  or  condemnation, 
and  making  satisfaction  for  the  same  as  hereinafter  provi- 
ded. 

§  3.     The  said  company,  and  under  their  direction  their  Right  of  w»t. 
agnts,  servanti  and  workmen,  are  hereby  authorized  and 
[  B2  ] 


1853.  418 

empowered  to  enter  into  and  upon  the  lands  and  grounds 
of  or  belonging  to  the  state,  or  to  any  person  or  persons, 
bodj'  politic  or  corporate,  and  survey  and  take  levels  of 
the  same,  or  any  part  thereof,  and  to  set  out  and  ascertain 
such  parts  as  they  shall  think  necessary  and  proper  for  the 
constructing  of  said  water  works,  and  for  all  purposes  con- 
nected with  said  water  works  ;  which  said  corporation,  by 
the  last  preceding  section,  is  authorized  to  have,  take  and 
appropriate  any  lands,  and  to  fell  and  cut  down  all  timber 
and  other  trees  standing  within  fifty  feet  of  the  line  of  said 
water  works — the  damages  occasioned  by  the  felling  of  said 
trees,  unless  otherwise  settled,  to  be  assessed  and  paid  for 
in  manner  hereinafter  provided  for  assessing  and  paying 
damages  for  land  taken  for  the  use  of  said  water  company, 
the  said  company  doing  as  little  damage  as  possible  in  the 
execution  of  said  power  hereby  granted,  and  making  satis- 
faction in  the  manner  hereinafter  mentioned  for  the  dama- 
ges to  be  sustained  by  the  owners  or  occupiers  of  said 
land. 

uranta,  kc.  §   4.     The  Said  company  shall  have  power  to  take,  re- 

ceive and  hold  all  such  voluntary  grants  and  donations  of 
land  and  real  estate  for  the  purposes  of  said  water  works 
as  may  or  shall  be  made  to  said  company  to  aid  in  the  con- 
struction, maintenance  and  accommodation  of  said  water 
works  ;  and  said  company  may  contract  and  agree  with  the 
owner  or  occupiers  of  land  upon  which  said  company  may 
wish  to  construct  said  water  works,  or  which  said  company 
may  wish  to  use  for  the  purpose  of  procuring  stone,  sand, 
gravel  or  earth  or  other  materials  to  be  used  in  dams,  walls 
or  otherwise  in  or  about  the  construction,  repairs  or  en- 
joyment of  said  water  works,  or  which  said  company  may 
wish  to  use  or  occupy  in  any  manner  or  for  any  purpose  or 
purposes  connected  with  said  water  w^orks;  which  said 
company  is  authorized  and  empowered  by  this  act  to  have 

Hisbtufway.  or  appropriate  any  lands,  and  to  take  and  receive  grants 
and  conveyances  of  any  and  all  interests  and  estate  thert 
in,  and  to  them  and  their  successors  or  assigns,  in  fee  or 
otherwise  ;  and  in  case  said  company  cannot  agree  with 
such  owner  or  owners  or  occupants  of  such  land  as  afore- 
said, then  the  price  and  value  of  such  lands  may  be  fixed, 
estimated  and  recovered  in  the  manner  provided  for  taking 
lands  for  public  roads,  canals  or  other  public  works  as  pre- 
scribed by  the  act  relating  to  "right  of  way,"  approved 
March  3d,  1845;  but  when  tlie  owners  or  occupiers,  or 
either  of  them,  of  such  lands  shall  be  a  fcmme  covert^  in- 
fant, non  compos  mentis^  unknown  or  out  of  the  state  or 
county  in  which  the  said  lands  or  property  wanted  may  be 
situated,  the  said  company  shall  pay  tiie  amount  that  shall 
be  awarded  as  due  to  the  last  mentioned  owners  respec- 
tively whenever  the  same  shall  be  lawfully  demandedj  that 


419  1853. 

to  ascertain  the  amount  to  be  paid  as  above  to  said  owners 
or  occupiers  for  land  and  materials  taken  for  the  use  of 
said  company,  it  shall  be  the  duty  of  the  governor  of  the 
state,  upon  notice  given  to  him  by  the  said  corporation,  to 
appoint  three  commissioners,  to  be  persons  not  interested 
in  the   matter  to  be    determined  by  them,    to  determine 
the   amount  of  damages  vi^hicli  the  owner  or  occupiers  of 
the  land  or  real  estate  so  entered  upon  by  the  said  corpo- 
ration has  or  have  sustained  by  the  occupation  of  the  same  ; 
and  it  shall  be  the  duty  of  the  commissioners,  or  a  majority 
of  them,  to  deliver  to  said  corporation  a  written  statement  oo«^«"-   ^nttc 
of  the  award  or  awards  they  shall  make,  with  a  description  *'*'"""^'- 
of  the  lands  or  real  estate  by  them  appraised,  to  be  recor- 
ded by  said   corporation  in   the    circuit    clerk's   office   of 
Tazewell  county,  and  then   the  said  corporation  shall  be 
deemed  to  be  seized  and  entitled  to  the  fee  simple  of  all 
such  lands  and  real  estate,  and  shall  exercise  over  the  same 
all  rights,  privileges,  franchises  and  immunities  in  said  act 
contemplated  :  Provided^  that  notice  by  publication  in  some  p*''"''-^"- 
newspaper  in  Tazewell  county  shall  first  be  given,  for  thir- 
ty days,  to  the  owners  or  occupiers  or  unknown  owners,  as 
the  case  may  be,  of  the  intention  on  the  part  of  said  cor- 
poration to  apply  to  the  governor  for  the  appointment  of 
commissioners  as  herein  provided  :  >^nd  jjrovided,  further, 
that  any  appeal  that  may  be  allowed  under  the  provisions 
of  this  act  above  mentioned,  or  any  general  law  of  this  state, 
shall  not  affect  the  possession  by  said  company  to  any  of 
the  lands  appraised  or  taken  under  this  act ;  and  when  the 
appeal  maybe  taken,  or  a  writ  of  error  prosecuted  by  any  Appeal, 
person  or  persons  other  than  the  said  corporation,  the  same 
shall  not  be  allowed  except  on  the  stipulation  of  the  party 
so  appealing  or  prosecuting   such   writ  of  error  that  the 
said  company  may  enter  upon  and  use  the  land  described 
in  the  petition,  or  required  by  said  company  for  the  use  and 
purposes  of  said  water  works,  upon  said  company  giving 
bond  and  security,  to  be  approved  by  the  clerk  of  the  cir- 
cuit court  of  Tazewell  county,  that  they  will  pay  to  the 
party  appealing  or  prosecuting  such  writ  of  error  all  costs 
and  damages  that  may  be  awarded  against  them  on  the 
first  hearing  of  such  appeal  or  writ  of  error,  within  thirty 
days  after  the  rendition  of  the  same,  or  forfeit  all  rights  to 
use  the  land  so  condemned. 

§  5.  The  capital  stock  of  said  company  shall  be  one  Capuai stock. 
hundred  thousand  dollars,  which  may  be  increased  from 
time  to  time  by  a  majority  vote  in  interest  of  the  stockhold- 
ers at  their  annual  meeting,  or  any  special  meeting  which 
may  be  called  for  that  purpose  by  the  directors  of  said 
company,  to  any  sum  not  exceeding  one  hundred  and  fifty 
thousand  dollars;  wliich  stock  shall  be  divided  into  shares 
of  one  hundred  dollars  each,  which  shall  be  deemed  per- 


1853.  420 

sonal  property,  whicl.  may  be  issued,  certified  and  transfer- 
red in  such  manner  and  in  such  plans  as  maybe  ordered  and 
provided  by  tlie  board  of  directors,  who  shall  have  power 
paymentuf  tub- to  require  the  payment  of  stock  subscribed  in  the  manner 
iicnption.         ^^^  ^^  ^j^g  ^-j^^  ^j^^l  -j^  g^^j^  sums  as  they  may  direct;  and 

on  the  refusal  or  neglect  on  the  part  of  stockholders,  or 
any  of  them,  to  make  payment  on  request  of  the  board  of 
directors,  the  shares  of  such  delinquents  may,  after  thirty 
days'  public  notice,  be  sold  at  auction,  under  such  rules  as 
the  directors  may  adopt.  The  surplus  money,  if  any  re- 
mains after  deducting  the  payment  due,  with  interest  and 
costs  of  suit,  to  be  paid  to  the  delinquent  stockholder. 
The  board  of  directors  hereinafter  named  and  appointed 
shall  cause  books  to  be  opened  for  subscription  to  the  cap- 
ital stock  of  said  company  at  such  time  and  places  and  in 
such  manner  as  they  shall  direct :  Provided^  that  as  soon 
as  ten  thousand  dollars  of  bona  fide  subscription  shall  be 
made,  and  five  per  cent,  thereon  paid  in,  it  shall  be  lawful 
for  said  company  to  commence  the  construction  of  said 
water  works. 

§  6.     All  tiie  corporate  powers  of  said  company  shall  be 

-oiporate powers  ^^^^^^  in  and  cxerciscd  by  a  board  of  directors,  to  consist 
of  not  less  than  three  nor  more  than  five  in  number,  and 
such  officers,  agents  and  servants  as  they  shall  appoint. 
The  first  board  of  directors  shall  consist  of  Samuel  P.  Bai- 
ly,  Daniel  McCook,  Benjamin  S.  Prettyman,  Middleton 
Tackaberry  and  Peter  A.  Brower,  who  shall  hold  their  of- 
fices until  their  successors  are  elected  and  qualified.  Va- 
cancies of  the  board  may  be  filled  by  a  vote  of  two-thirds 
of  the  directors  remaining — such  appointees  to  continue  in 
office  until  the  next  regular  annual  election  of  directors 
shall  be  held,  and  which  annual  election  of  directors  shall 
be  held  on  the  first  Monday  of  January  in  each  year,  at 
the  office  of  the  company,  thirty  days'  notice  being  given 
in  a  newspaper  published  in  the  city  of  Pekin. 

^.^^^^  §   7.     At  any  election  of  directors,  each  share  of  stock 

shall  be  entitled  to  one  vote,  to  be  given  either  in  person 
or  by  proxy;  and  the  persons  receiving  the  largest  number 
of  votes  to  be  declared  duly  elected,  and  to  hold  their  of- 
fices until  the  annual  election,  and  until  their  successors 
are  elected  and  qualified.  All  elections  to  be  conducted 
by  three  judges,  to  be  selected  by  the  stockholders  present. 
5  8.     The  office  of  said  company  shall  be  located  in  the 

Oflice.  ^         -TV    1  1     1         1  •  I  •  1  -1 

city  of  Pekm,  and  the  directors  herein  named  are  required 
to  organize  the  board  by  electing  one  of  their  number  pres- 
ident, and  by  appointing  a  secretary  and  treasurer. 
chwsei.  §  9-     The  said  company  shall  have  power  to  charge  for 

the  supply  of  water  to  families,  mills,  distilleries,  brewer- 
ies, founderies,  fire  companies,  or  to  any  person  or  persons 
and  bodies  corporate,  applying  to  said  company  for  a  sup- 


i 


421  1823. 

ply  of  water,  such  sums  of  money  per  annum  as  shall  be 
lawfully  established  by  the  by-laws  of  said  company. 

§    10.     The  said  company  shall  annually  or  semi-annu- Dividends, 
ally  make  such  dividends  as  they  may  deem  proper  of  the 
net  profits,  receipts  or  incomes  of  said  company  among  the 
stockholders  therein  in  proper  proportion  to  their  respec- 
tive shares. 

§  11.  The  said  company  may  accept  subscriptions  to  subsciiptiona. 
their  stock  to  any  amount  not  to  exceed  one  hundred  and 
fifty  thousand  dollars;  and  for  the  purpose  of  raising  the 
amount  to  be  by  them  subscribed,  the  said  company,  by  its 
corporate  authority,  is  hereby  authorized  and  empowered 
to  borrow  any  sum  not  exceeding  one  hundred  thousand 
dollars,  payable  at  such  times  and  places,  and  in  sums  and 
with  such  rate  of  interest  as  may  be  agreed  upon,  and 
may  issue  their  bonds  therefor  under  their  seal. 

§  12.  If  any  person  shall  do  or  cause  to  be  done,  or  aid  Penalties. 
in  doin^  or  causing  to  be  done,  any  act  or  acts  whatever 
whereby  any  building  or  construction  or  work  of  said 
company,  or  any  machine  or  water  conveyance,  or  any  wa- 
ter or  thing  appertaining  to  the  same  shall  be  stopped,  ob- 
structed, impaired  or  weakened,  injured  or  destroyed,  or 
if  any  person  or  persons  shall  throw  or  conduct  or  convey 
into  the  water  reservoirs,  dams  or  dykes  of  said  company 
any  filth,  dust,  mud,  still-slops,  oftals  or  any  other  impu- 
rities, or  by  shooting  game  upon  said  lake,  the  person  or 
persons  so  offending  shall  be  deemed  [guilty]  of  a  misde- 
meanor, and  may  be  punished  upon  conviction  by  fine  in 
any  sum  not  exceeding  five  hundred  dollars,  or  by  impris- 
onment not  exceeding  five  years  in  the  penitentiary  of  this 
state,  or  by  both,  at  the  discretion  of  the'court,  and  shall 
forfeit  and  pay  to  the  said  corporation  treble  the  amount  of 
damages  sustained  by  reason  of  such  offence  or  injury,  ta 
be  recovered  in  the  name  of  said  company,  with  costs  of 
suit,  in  an  action  of  trespass  before  any  justice  of  the  peace 
of  this  state,  or  before  any  court  having  jurisdiction  thereof. 

§  13.  Said  company  is  hereby  authorized  from  time  to  Borrow  money 
time  to  borrow  such  sum  or  sums  of  money  as  may  be  ne- 
cessary for  completing,  finishing  or  enlarging  their  said 
water  works;  to  issue  and  dispose  of  their  bonds  in  denom- 
inations of  not  less  than  five  hundred  dollars,  and  to  mort- 
gage their  corporate  property  and  franchises,  or  convey 
the  same  by  deed  of  trust  to  secure  the  payment  of  any 
debt  contracted  by  said  company  for  the  purposes  afore- 
said. And  the  directors  of  said  company  may  confer  on 
the  bondholders  of  any  bond  issued  for  money  borrowed  as 
aforesaid  the  right  to  convert  the  principal  due  or  owing 
thereon  into  stock  of  said  company,  at  any  time  not  exceed- 
ing ten  years  from  the  date  of  the  bonds,  under  such  regu- 
lations as  the  directors  of  said  company  may  see  fit  to  adopt; 


1853.  422 

and  all  sales  of  bonds  for  less  than  their  par  value  shall  be 
good  and  valid  and  as  binding  upon  said  corporation  as  if 
the  same  were  sold  for  the  full  amount  thereof. 
ofeontf.iic-  §  14.  The  said  company  hereby  chartered  shall  be  re- 
quired to  construct  and  operate  their  said  water  works  ac- 
cording to  the  terms  of  this  charter  within  ten  years  from 
the  passage  of  this  act,  which  shall  be  taken  and  received 
as  a  public  act  in  all  courts  and  places  whatever;  and  the 
said  company  shall  have  power  to  loan  the  balance  of  their 
capital  stock  to  individuals,  or  to  vest  the  same  in  the  capi- 
tal stock  of  any  other  corporation,  as  the  directors  of  said 
company  shall  deem  fit,  at  any  rate  of  interest  that  may  be 
agreed  upon  between  the  directorsof  this  company  and  the 
individuals  and  corporation  aforesaid.  Tliis  act  to  take 
effect  and  be  in  force  from  and  after  its  passage. 
Approved  February  12,  1853. 


In  lorct!  Feb.  11.  ^]\j-  ACT  to  incorporate  the  Sangamon  County  Agricultural  and  Mechan- 
^^°^'  ical  Association. 

Section  1.     Be  it  enacted  hy  the  people  of  the    state  of 
lllinuis,  represented  in  the  General  Jissemhly^  That  James 

roriwiatovs.  McConnell,  James  M.  Morse,  their  associates,  heirs  and 
assigns,  and  such  other  persons  as  shall  hereafter  become 
stockholders  by  virtue  of  the  provisions  of  this  act,  are 
hereby   constituted   and  declared  a  body  politic  and  cor- 

styi.>.  porate,  by  the  name  and  style  of  '"The  Sangamon  County 

Agricultural  and  IMechanical  Association,"  and  by  that 
name  shall  sue  and  be  sued,  plead  and  be  impleaded, 
answer  and  be  answered  unto,  in  all  courts  of  law  and 
equity  in  this  state. 

Hy-iawi^.  §  2.     That   said  association  shall  have  power  to  make 

and  establisi)  such  by-laws,  rules  and  regulations  for  the 
government  of  said  association,  and  for  the  transaction  of 
their  business,  as  shall  be  deemed  necessary  and  proper 
by  said  association  :  Provided^  hoivever,  such  by-laws, 
rules  and  regulations  are  not  contrary  to  the  provisions  of 
the  constitution  and  laws  of  this  state,  or  of  the  United 
States. 

Vapuai  stock.  §  3.     That  the  capital  stock  of  said  association  shall 

consist  of  two  thousand  dollars,  to  be  divided  into  shares 
of  twenty  dollars  each. 

,iici«as«  .apiiai  ^  4.  That  Said  association  may  at  any  time  increase 
the  amount  of  their  capital  stock  by  a  vote  of  two-thirds 
the  members  of  said  association. 

§  5.     That  said  association  may  purchase  real    estate 
for  the  purposes  of  the  said  association. 


i 


423  1853. 

§   6.     That  the  objects  of  said  association   shall   betoohjens. 
advance  the  interest  and   encourage   the  improvement  of 
agriculture  and  mechanics. 

§  7.     That  said  association  shall   have  succession  and 
existence  as  a  body  corporate  for  the  term  of  fifty  years. 

Approved  February  11,  1853. 


AN  ACT  to  incorporate  the  McLean  County  A|?riculture  Society.  in  force  Feb 

1S53. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  oj 
Illinois,  represented  in  the  General  Assembly ,  That  John 
E.  McClun,  Edmond  H.  Didlake,  William  H.  Allen,  Isaac  corporatoK. 
Funk,  Edwin  Poston  and  Samuel  Gander,  and  such  per- 
sons as  are  or  may  hereafter  become  members  of  "The  style. 
McLean  County  Agriculture  Society,"  from  and  after  the 
passage  of  this  act,  shall  be  and  they  are  hereby  consti- 
tuted a  body  corporate  and  politic,  by  the  name  and  style 
aforesaid,  and  by  that  name  they  and  their  successors  shall 
have  succession,  and  shall  in  law  be  capable  of  contract- 
ing and  being  contracted  with,  of  suing  and  being  sued,  <^'enerai  po^ 
plead  and  being  impleaded,  prosecute  and  defend,  in  all 
manner  of  actions  in  law  or  in  equity,  in  all  courts  and 
places  whatever  where  legal  proceedings  are  had,  and  by 
that  name  and  style  be  capable  in  law  of  purchasing  or 
receiving,  by  gift  or  otherwise,  holding  and  conveying  real 
estate  for  the  benefit  of  said  corporation :  Provided,  that 
said  corporation  shall  not  at  any  one  time  hold  real  estate 
more  than  the  amount  of  one  hundred  and  sixty  acres. 

§  2.  Said  corporation  shall  have  power  to  loan  money  Loan  mon^v, 
belonging  to  the  same,  and  take  promissory  notes,  or  other 
evidences,  for  the  money  so  loaned,  which  may  be  collected 
in  their  corporate  name  aforesaid,  in  all  courts  and  places 
whatever,  where  judicial  proceedings  are  had,  and  in  their 
corporate  name  shall  have  power  to  sue  for  and  collect  all 
gratuitous  subscription  that  are  or  may  hereafter  be  made 
to  said  corporation. 

§  3.  A  meeting  of  the  members  of  this  corporation  Meetings, 
shall  be  held  on  the  first  Monday  of  March,  1853,  and  for- 
ever thereafter  on  said  day,  annually,  for  tiie  purpose  of 
making  such  bj'-laws  as  may  be  necessary  for  the  better 
government  and  regulation  of  the  association,  and  also  for 
the  purpose  of  electing  a  president,  two  vice  presidents, 
a  secretary  and  treasurer,  who  shall  respectively  hold  their 
office  for  one  year,  until  their  successors  are  elected ;  and 
the  said  officers  so  elected  be  a  standing  board  of  directors, 
with  full  power  and   authority  to  do  all   acts  and  deeds 


Name  and  st; 


1853.  424 

necessary  to  promote  tlie  interests  of  the  association,  and 
to  carry  into  effect  the  provisions  and  objects  of  this  act. 
urer     give      §  4.     The  treasurer  shall,  before  entering  upon  the  duties 
'^-  of  his  office,  give  a  bond  to  said  incorporation,  to  be  kept 

by  the  secretary  of  the  same,  with  sufficient  security  for 
the  faithful  performance  of  his  duties. 

§  5.     This  act  to  take  effect  from  and  after  its  passage. 
Approved  February  12,  1853. 


iniorcft  Feb.  10,       AN  ACT  to  incorporate  the  Evangelical  Lutheran  Synod  of  Illinois. 
1353. 

Section  1.  Be  it  enacted  hy  the  people  of  the  state  of 
Illinois^  represented  in  the  General  Jissembly,  That  Francis 
Corporators.  Springer,  A.  A.  Trimper,  Conrad  Kuhl,  William  Hunder- 
dosse,  E.  Schwartz,  Jacob  Cress,  sr.,  and  Conrad  Dickman, 
together  with  their  associates  and  successors,  as  members 
of  the  Evangelical  Lutheran  Synod  of  Illinois,  are  hereby 
created  a  body  corporate  and  politic,  under  the  name  and 
10- style  of  "The  Evangelical  Lutheran  Synod  of  Illinois," 
and  by  that  name  and  style  shall  remain  and  have  per- 
petual succession,  with  power  to  sue  and  be  sued,  to  plead 
and  be  impleaded,  to  acquire,  hold  and  convey  property, 
real,  personal  and  mixed,  in  all  lawful  ways,  and  to  any 
amount  that  ma}  be  necessary  to  accomplish  the  plans  and 
purposes  of  christian  benevolence,  which  said  synod  may 
agree  upon. 

§  2.  The  sole  object  of  this  incorporation  is  to  enable 
said  synod  to  effect,  with  greater  security  and  certainty, 
the  benevolent  purposes  of  a  christian  society,  by  dissemi- 
nating a  sound  and  instructive  christian  literature,  reliev- 
ing the  poor  and  unfortunate,  and  founding  and  maintain- 
ing institutions  of  public  instruction. 

§  3.  Said  incorporation  may  have,  use  and  change,  at 
pleasure,  a  commoii  seal,  and  may  make  and  ordain  for 
their  government  such  constitution  and  by-laws  as  they 
may  deem  necessary :  Provided,  that  such  constitution 
and  by-laws  be  not  inconsistent  with  the  constitution  and 
laws  of  the  state  of  Illinois,  and  of  the  United  States. 

§  4.  No  misnomer  of  said  corporation  siiall  defeat  or 
annul  any  gift,  grant,  bequest  or  devise  to  or  for  said  cor- 
poration, and  said  corporation  shall  be  bound  to  appropri- 
ate and  use  any  bequest,  devise,  gift  or  grant,  in  such  man- 
ner as  shall  be  indicated  by  the  party  making  the  said 
grant,  gift,  bequest  or  devise. 

Approved  February  10,  1853. 


425  1863. 

AN  ACT  to  amend  an  act,  approved  June  2l3t,  1852,  and  entitled  "An  act  m  force  Feb.  :!, 
to  amend  an  act   to  incorporate  a  Literary  and  Theological  Institute    of  ^^°^' 

the  Evangelical  Lutheran  Church  of  the  Far  West,  to  be  located  in  Hills- 
boro',  Montgomery  county,  Illinois,  approved  January  22d,  1847." 

Section  1.  Be  if  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Assembly,  That  John  Trustees. 
T.  Stuart,  James  C.  Conkling,  Richard  V.  Dodge,  Elijah 
lies,  Simeon  W.  Harkey,  John  M.  Burkhardt,  E.  R.  Wiley, 
Thomas  Lewis,  Jacob  Divelbiss,  David  Miller,  John  B. 
Weber,  James  Smith,  Albert  Hale,  Francis  Springer,  Ed- 
mund Miller,  C.  B.  Thumel,  L.  P.  Esbjorn,  J.  G.  Don- 
meyer,  N.J.  Stroh,  Ephraim  Miller,  A.  A.  Trimper,  Conrad 
Kuhl,  Elias  S.  Schwartz,  James  M.  Harkey,  William 
Kearns,  David  Gregory,  Absolom  Cress,  Jacob  Cress,  jr., 
J.  P.  Silly,  Dr.  J.  C.  A.  Seeger  and  Paul  Anderson,  being 
the  trustees  of  the  Illinois  State  University,  and  their  suc- 
cessors in  office,  be  and  they  are  hereby  created  a  body 
corporate  and  politic,  for  the  purpose  of  founding  or  main- 
taining, in  or  near  the  city  of  Springfield,  Illinois,  an  insti- 
tution of  learning,  to  be  under  the  auspices  of  the  Evan- 
gelical Lutheran  Church,  and  to  be  known  by  the  name  of 
"Illinois  State  University." 

§  2.  Said  corporation  shall  be  known  by  the  name  and  ^'*me  ^nd  style, 
style  of  "The  Board  of  Trustees  of  Illinois  State  Univer- 
sity," and  by  that  style  and  name  remain  and  have  perpet- 
ual succession,  with  power  to  sue  and  be  sued,  plead  and 
be  impleaded ;  to  acquire,  hold  and  convey  property,  real 
personal  and  mixed;  and  in  all  lawful  ways  to  have,  use  and 
eJter  at  pleasure,  a  common  seal;  to  make,  alter  and  estab- 
lish, from  time  to  time,  such  constitution,  rules,  by-laws 
and  regulations  as  they  may  deem  necessary  for  tlie  good 
government  of  said  corporation  and  the  proper  manage- 
ment of  the  institution  under  their  control :  Provided,  such 
constitution,  rules,  by-laws  and  regulations  be  not  incon- 
sistent with  the  provisions  of  this  act,  and  the  constitution 
and  laws  of  this  state  or  of  the  United  States. 

§  3.  The  number  of  persons  constituting  said  board  oi'i^o.oitmHi^. 
trustees  shall  never  exceed  thirty-one,  two-thirds  of  whom 
shall  always  be  members  of  the  Evangelical  Lutheran 
Church.  Said  two-thirds  shall  always  be  elected  by  the 
Evangelical  Lutheran  Synod  of  Illinois,  and  by  such  Evan- 
gelical Lutheran  Synods  as  may  hereafter  be  admitted  to  a 
participation  in  the  control  of  said  institution,  by  a  vote  of 
the  synod  named,  and  the  remaining  one-third  shall  be 
elected  by  the  board  from  among  the  citizens  of  Spring- 
field and  vicinity;  said  trustees  not  to  serve  longer  than 
five  years  without  being  re-elected.  Nine  members  shall 
•onstitute  a  quorum  for  the  transaction  of  business,  at  any 
regular  or  special  meeting  duly  notified  and  assembled. 


1853. 


426 


Certificate 
echolareblp. 


raculty. 


§  4.  Said  corporation  may  establish  separate  depart- 
ments of  the  learned  professions  of  the  sciences  and  arts, 
including,  besides  the  usual  departments  of  theology,  med- 
icine and  law,  a  department  of  mechanical  philosopliy,  and 
also  of  agriculture,  and  shall  assign  to  each  department  a 
competent  faculty  of  instruction  :  Provided,  that  the  in- 
structor or  instructors,  professor  or  professors  constituting 
the  faculty  of  theology,  shall  always  be  appointed  by  the 
Evangelical  Lutheran  Synod  aforesaid. 
of  §  5.  Said  corporation  may  issue  certificates  of  scholar- 
ships, limited  or  perpetual,  upon  such  terms  as  the  corpo- 
ration and  the  persons  contracting  for  the  scholarships  may 
agree,  and  the  benefit  of  said  sciiolarship  shall  inure  to  the 
holders  thereof,  his  or  her  heirs  or  assigns,  so  long  as  the 
covenants  therein  agreed  to  by  the  person  or  persons  con- 
tracting for  or  lawfully  owning  such  scholarship  shall 
continue  to  be  faithfully  performed,  and  no  longer,  except 
at  the  option  of  the  corporation. 

§  6.  The  professors,  or  a  majority  of  them,  duly  ap- 
pointed in  said  university,  as  provided  for  in  section  four 
of  this  act,  shall  constitute  a  faculty,  or  may,  at  the  option 
of  the  board  of  trustees,  be  divided  into  several  faculties, 
corresponding  with  the  several  departments  which  may  be 
established  in  the  institution,  with  power  to  enforce  the 
laws,  rules  and  regulations  enacted  by  the  board  of  trus- 
tees for  the  government  and  discipline  of  the  students  ;  to 
suspend  or  expel  such  of  them  as  may,  in  their  judgment, 
deserve  it,  and  to  grant  and  confirm,  by  the  consent  of  the 
board  of  trustees,  such  degrees  in  the  liberal  arts  and  sci- 
ences, or  such  branches  thereof,  to  students  and  others 
whom,  by  their  proficiency  in  learning  and  other  meritori- 
ous distinctions,  they  shall  regard  as  entitled  to  them,  as  it 
has  been  usual  to  grant,  in  the  universities  and  colleges,  and 
to  grant  to  such  graduates  diplomas  or  certificates,  under 
their  common  seal,  to  authenticate  and  perpetuate  such 
graduation. 

§  7.  No  misnomer  of  said  corporation  shall  defeat  or  an- 
nul any  gift,  grant,  bequest  or  devise  to  or  for  the  use  and 
benefit  of  Illinois  State  University,  or  any  department  there- 
of:  Provided,  the  intent  of  the  party  or  parties  making 
such  grant,  gift,  devise  or  bequest  be  sufficiently  manifest. 

§  8.  So  much  of  the  act  to  which  this  an  amendment  as 
is  inconsistent  herewith,  is  hereby  repealed,  but  all  rights 
acquired  and  responsibilities  incurred  under  said  acts  are 
hereby  preserved.  This  act  to  be  in  force  from  and  after 
its  passage. 

Approved  February  3,  1853. 


427  1853. 

AN  ACT  to  incorporate  a  bridge  company  by  the  title  hereinafter  named,  in  force  Feb.  lo, 

1863. 

Section  1.  Be  it  enacted  hy  the  people  of  the  state  of 
Illinois^  represented  in  the  General *^ssembly,  That  Calvin  corporators. 
Cole,  William  N.  Grover,  Jacob  C.  Davis,  William  H.  Ral- 
ston and  William  H.  Roosevelt,  and  their  associates,  suc- 
cessors, heirs  and  assigns,  be  and  they  are  hereby  created 
a  body  corporate,  by  the  name  and  style  of  "The  Hancock 
Railroad  and  Bridge  Company,"  with  power  to  build, 
maintain  and  use  a  railroad  bridge  over  the  Mississippi  Bridge, 
river,  or  that  portion  within  the  jurisdiction  of  the  state  of 
Illinois,  at  any  eligible  point  within  five  miles  of  section 
one,  in  township  five  north,  range  nine  west,  in  said  county 
of  Hancock,  in  such  manner  as  shall  not  materially  obstruct 
or  interfere  with  the  free  navigation  of  said  river,  and  to 
connect  by  railroad  or  otherwise  such  bridge  with  any 
'Vailroad,  either  in  the  state  of  Illinois  or  Iowa,  terminating 
at  or  near  said  bridge;  to  unite  and  consolidate  its  fran-  Consolidation. 
chises  and  property  with  any  and  all  bridge  and  railroad 
companies  in  either  of  said  states  ;  to  fix  the  amount  of 
capital  stock;  to  divide,  transfer  and  increase  the  same;  to  capit»i stc^*- 
borrow  money  and  pledge  or  mortgage  its  property  and 
franchise;  to  condemn  according  to  law  property  for  the 
use  and  purposes  of  said  company;  to  contract,  bargain 
and  agree  with  any  such  railroad  companies  for  and  in  the 
construction  and  maintenance  of  such  bridge;  to  sell  or 
lease  said  bridge,  or  the  use  of  the  same,  or  the  franchises 
of  said  company,  to  any  companies  or  corporations  :  Pro- 
vided, that  said  company  shall  commence  said  bridge 
within  three  years,  and  shall  complete  the  same  within 
seven  years  from  the  passage  of  this  act. 

§  2.     This  act  to  take  effect  from  and  after  its  passage. 

Approved  February,  10  1853. 


AN  ACT  to  amend  the  act  incorporating  the  Ottawa  Hydraulic  Company,  in  force  Feb.  llj 
and  the  La  Salle  County  Manu£acturinjj;,Company,  of  Ottawa,  both  incor-  1863. 

porated  under  the  general  law  approved  February  10th,  1849. 

Section  1.  Be  it  enacted  hy  the  people  of  the  state  of  Illi- 
nois, represented  in  the  General  Assembly,  That  the  Ot- 
tawa Hydraulic  Company,  of  La  Salle  county,  incorpora- 
ted under  the  general  law  approved  February  10th,  1849, 
authorizing  the  formation  of  corporations  for  manufactu- 
ring and  other  purposes,  is  hereby  authorized  to  hold, 
lease,  transfer,  use  and  enjoy  all  of  the  property  and 
privileges  leased  to  it  by  the  trustees  of  the  Illinois  and 
Michigan  Canal,  and  all  such  property  and  privileges,  theproperty, 
use  and  enjoyment  of  which  has  been  granted  to  it  by  the 


1853. 


428 


president  and  trustees  of  the  said  town  of  Ottawa,  and  all 
such  property  and  privileges  as  may  hereafter  be  granted 
to  it  by  said  canal  trustees,  president  and  trustees,  or  any 
other  corporation,  or  by  any  person. 

§  2.  That  the  said  company  and  the  said  La  Salle  County 
Manufacturing  Company,  either  or  both,  may  procure  and 
hold  all  such  real  estate  as  may  be  deemed  necessary  or 
proper  for  the  construction  of  races  to  conduct  the  water 
from  the  works  of  said  companies,  or  either  of  them,  of 
their,  or  either  of  their  leases  or  transfers  to  the  Illinois  or 
Fox  rivers,  or  both.  If  the  said  real  estate  cannot  be  pro- 
cured by  agreement  and  purcliase,  the  same  may  be  con- 
demned for  that  purpose  by  eitlier  or  both  of  said  compa- 
panies,  under  and  in  pursuance  of  the  provisions  for  that 
purpose  of  the  act  providing  for  the  construction  of  plank 
roads  by  a  general  law,  approved  February  12th,  1849, 
and  the  general  acts  amendatory  thereof. 

§  3.  j^ny  person  or  persons  who  shall  withold  the  pos- 
session of  the  said  property,  or  any  part  thereof,  so  leased 
to  the  said  hydraulic  company  by  the  said  canal  trustees, 
or  the  use  and  enjoyment  of  which  was  granted  to  it  by  the 
said  president  and  trustees  of  the  town  of  Ottawa,  after 
demand  made,  and  giving  sixty  days'  notice  in  writing  for 
the  possession  thereof,  shall  be  held  and  adjudged  guilty  of 
forcible  detainer,  under  chapter  forty-three  of  the  Revised 
Statutes,  and  may  be  prosecuted  under  said  chapter  in  the 
name  of  said  company  as  the  lessees  of  said  canal  trustees 
and  grantees  of  the  use  of  said  property  of  the  said  presi- 
dent and  trustees  of  the  town  of  Ottawa. 

§  4.  The  tenth,  eleventh  and  twelfth  sections  of  the 
said  act  referred  to  in  section  one  above  shall  not  apply  to 
be  binding  upon  either  of  said  companies. 

§  5.  This  act  shall  be  a  public  act,  and  be  in  force  from 
and  after  its  passage. 

Approved  February  11,  1853. 


Ill  force  Feb.  13, 
185?. 


Oeiiertl  powers. 


AN  ACT  to  incorporate  the  Harrison  Draw-bridge  Company. 

Section  1.  Be  it  enacted  hy  the  people  of  the  state  of 
Illinois^  represented  in  the  General  Jissembly,  That  all 
persons  who  shall  become  stockholders  pursuant  to  the 
provisions  of  this  act,  be  and  they  are  hereby  constituted  a 
body  politic  and  corporate,  by  tbe  name  of  "The  Harrison 
Draw-bridge  Company,"  by  such  name  shall  be  capable 
of  holding  real  estate  sufficient  for  the  purpose  of  this  act, 
and  to  sue  and  be  sued,  plead  and  be  impleaded,  answer 
and  be  answered   unto,  in   law   and    equity,  in  all  courts 


429  1853. 

whatsoever,  and  shall  have  authority  to  ordain  and  estab- 
lish such  by-laws,  rules  and  regulations,  not  repugnant  to 
the  constitution  and  laws  of  this  state,  or  the  United 
States,  as  shall  from  time  to  time  be  found  necessary  to 
promote  the  interest  and  good  government  of  said  cor- 
poration. 

§  2.     The  capital  stock  of  said   company  shall  be  fifty  capital  stock. 
thousand  dollars,  divided   into  shares  of  fifty  dollars  each. 

§  3.  That  Thomas  C.  Bailey,  Jacob  May,  Jesse  K.  commisskmeri,- 
Diiboise,  Joseph  G.  Bowman,  H.  D.  Wheeler  and  C.  M. 
Allen,  be  and  they  are  hereby  appointed  commissioners,  or 
a  majority  of  them,  or  their  survivors,  to  open  books  for 
the  subscriptions  to  the  capital  stock  of  said  company,  at 
such  times  and  places  as  may  suit  their  convenience,  and 
each  of  the  commissioners  may  receive  subscriptions 
either  jointly  or  separately. 

§  4.  As  soon  as  two  hundred  shares  shall  have  been  Eiocumi. 
subscribed  the  said  commissioners,  or  a  majority  of  them, 
or  of  their  survivors,  shall,  by  publication  "in  one  or  more 
newspapers,  if  any  be  published  at  Vincennes  and  Law- 
renceville,  cause  notice  to  be  given  of  the  time  and  place 
of  the  meeting  of  the  stockholders  to  elect  directors;  and 
at  the  time  and  place  so  appointed  the  stockholders  shall 
choose  from  seven  to  nine  directors  from  the  stockholders 
of  said  company,  who  shall  serve  one  year,  and  until  their 
successors  are  chosen  and  qualified,  a  majority  of  whom 
shall  constitute  a  quorum  for  the  transaction  of  business; 
and  the  annual  election  of  directors  shall  be  held  there- 
after at  such  time  and  place  as  the  stockholders  at  their 
meeting  shall  direct,  and  the  directors  thus  chosen  shall, 
as  soon  thereafter  as  possible,  choose  one  of  their  own 
body  as  president,  and  also  as  secretary,  and  such  other; 
officers  as  may  be  deemed  necessary:  Provided^  that  should 
the  stockholders  fail  at  any  annual  election  to  elect  direc- 
tors, the  corporation  on  that  account  shall  not  be  dissolved, 
but  the  president  and  directors  for  the  time  being  shall 
continue  to  execute  the  duties  of  their  office  until  their 
successors  shall  be  chosen  by  the  stockholders;  and  the 
directors  shall  at  all  times  have  full  power  to  fill  vacancies 
in  the  board,  and  to  remove  and  appoint  all  its  officers,  at 
pleasure. 

§  5.  The  directors  may  demand  from  the  stockholders  Demand 
all  such  sums  of  money  by  them  subscribed,  at  such  ti 
and  in  such  proportions  as  they  may  think  proper,  not,  how- 
ever, exceeding  ten  per  centum  on  the  amount  of  said  sub- 
scription at  any  one  time,  nor  oftener  than  intervals  of  four 
weeks  after  the  first  payment  shall  become  due,  which 
times  shall  be  determined  by  the  directors,  and  two  weeks' 
notice  given  thereof,  in  some  newspaper  printed  at  Vin- 
cennes, stating  the  amount  demanded,  and  the  time  and 


President. 
Proviso. 


1853.  430 

place  of  payment ;  and  if  any  stockholder  shall  neglect  or 
refuse  to  pay  sucli  requirement  within  ten  days  after  it  sliall 
become  due,  the  corporation  may  bring  suit  against  such 
delinquent  for  the  amount  due,  in  any  court  of  competent  ju- 
risdiction, and  recover  the  amount  with  one  per  cent,  inter- 
est per  month  thereon  from  such  delinquent;  and  if  the  amount 
cannot  be  made  on  execution,  or  if  such  delinquent  is 
beyond  the  reach  of  process,  the  directors  may  declare 
such  stock  forfeited  to  the  corporation,  with  whatever 
amount  may  have  been  paid  thereon. 

Build  ijridge.  §  6.  The  Said  Corporation  may  erect  a  bridge  across 
the  Wabash  river,  at  any  point  opposite  the  borough  of 
Vincennes,  or  within  one-half  mile  thereof,  which  point 
shall  be  determined  by  a  vote  of  the  stockholders,  each 
share  being  entitled  to  one  vote,  at  a  special  meeting  to  be 
called  for  that  purpose  by  the  directors,  upon  three  weeks' 
notice  in  some  newspaper  published  at  Vincennes. 

Toll.  §   7.     When  said  bridge  shall  be  completed  the  said  cor- 

poration may  erect  at  either  end  a  gate,  and  demand  and 
receive  the  following  rates  of  tolls:  for  two  horses  or  oxen 
and  loaded  wagon,  twenty  cents;  for  the  same,  not  loaded, 
ten  cents  ;  for  a  four-horse  or  ox  team  with  wagon,  and 
loaded,  twenty- five  cents;  for  the  same,  not  loaded,  fifteen 
cents,  and  for  any  additional  horse  or  ox  attached  thereto, 
two  and  one-half  cents ;  for  a  single  horse  and  wagon, 
buggy  or  gig,  fifteen  cents  ;  for  a  horse  and  rider,  five 
cents  ;  for  a  person  on  foot,  three  cents ;  lor  horses  or 
cattle,  lead  or  driven,  per  head,  three  cents  ;  for  hogs, 
sheep  or  calves,  per  head,  two  cents;  and  in  similar  pro- 
portion to  the  foregoing  rates  for  any  other  animals  or 
carriages. 

Heighthofkridge      §  8.     Said  bridge  shall  be  elevated  to  a  sufficient  height 
above  high  water  mark  to  admit  the  free  passage  of  loaded 
flat  boats  under  the  same. 
.,  .,  S   9.     The  said  company  shall  cause  to  be  stationed,  du- 

»rawr  of  bridge.       .    ^  .  \tt    i         i        •  i  ■       ^  ^      r- 

rmg  such  times  as  the  Wabash  river  may  be  navigable  tor 
steamboats,  a  qualified  person  or  persons,  whose  duty  it 
shall  be  to  raise  the  draw  of  said  bridge  when  steamboats  are 
approaching,  by  night  or  by  day;  and  it  shall  be  the  further 
duty  of  said  company  to  cause  a  light  to  be  placed  on  each 
end  of  said  draw  during  the  night,  when  the  river  is  so  nav- 
igable; and  should  any  avoidable  or  unnecessary  delay  oc- 
cur by  neglect  of  these  provisions  in  permitting  steamboats 
to  pass  up  and  down  said  river,  the  said  corporation  sliall 
be  subject  to  a  fine  of  not  less  than  ten,  nor  more  than  three 
hundred  dollars,  for  the  benefit  of  the  owner  or  owners  of 
the  steamboat  so  detained,  to  be  recovered  by  said  owner 
or  owners  in  an  action  of  debt  before  any  court  of  compe- 
tent jurisdiction. 


I, 


431  1853. 

§   10.     It  shall  be  the  duty  of  said  company  to  construct  construct  uu^w 
a  good  and  sufficient  draw  in  said  bridge,  of  a  width  not 
less  than  sixty  feet,  and  in  such  place  as  boats  at  low  wa- 
ter may  conveniently  pass  the  same. 

§   11.     It  shall  be  the  duty  of  the  directors  to  cause  astattment. 
full  statement  of  the  aftairs  of  the  company  to  be  made  and 
exhibited  to  the  stockholders  at  their  annual  meeting,  and 
at  such  other  times  as  may  be  required. 

§    12.     Annual  or  semi-annual  dividends  of  so  much  of  Dividends. 
the  profits  as  the  directors  may  deem  expedient  shall  be 
declared,  but  no  dividend  shall  be  made  of  more  than  the 
net  profits  after  deducting  all  expenses. 

§  13.  The  president  and  directors  may  sit  on  their  own 
adjournments,  or  on  the  call  of  the  president  or  any  two 
directors;  and  when  the  president  is  absent  the  directors 
may  elect  a  president  pro  tern. 

§   14.     In  all  elections  for  directors  each  stockholder  Elections, 
shall  be  entitled  to  voie  in  person  or  by  proxy,  under  such 
regulations  as  may  be  prescribed  by  the  stockholders,  and 
on  all  occasions  every  share  of  stock  shall  be  entitled  to 
one  vote. 

§  15.  Certificates  of  stock  shall  be  given  to  the  stock- ceruacate 
holders,  which  shall  be  evidence  of  the  stock  held.  They  ^^^^' 
shall  be  signed  by  the  president  and  countersigned  by  the 
Secretary.  The  stock  shall  be  transferable  on  the  books 
of  the  corporation  only  personally  or  by  attorney,  but  such 
stock  shall  at  all  times  be  held  by  the  corporation  for  any 
debts  due  from  the  holder  to  the  corporation. 

§   16.     If  any  person  shall  willfully  injure  said  bridge,  he,  penalty  for  iuiu- 
she  or  they  so  offending  shall  forfeit  and  pay  to  the  corpo-  ly. 
ration  treble  the  amount  it  may  cost  to  repair  the  same, 
with  costs  of  suit,  to  be  recovered  in  an  action  of  debt  be- 
fore any  court  of  competent  jurisdiction. 

§  17.  If  any  person  shall  forcibly  pass  the  gate  without  penauy  for  rem- 
having  paid  the  legal  rate  of  toll,  he  shall  forfeit  and  pay  I'^'top^'yt^i'^- 
to  the  corporation  six  times  the  amount  of  legal  toll,  to  be 
recovered,  with  costs  of  suit,  in  an  action  of  debt  before 
any  court  of  competent  jurisdiction.  If  any  toll-gatherer 
shall  unreasonably  delay  or  hinder  any  passenger  at  the 
gate,  tendering  the  legal  toll,  or  shall  demand  more  than 
the  legal  rate  of  toll,  he  shall,  for  any  such  offence,  forfeit 
the  sum  of  five  dollars,  for  the  benefit  of  the  person  so  de- 
layed or  defrauded,  to  be  recovered  before  any  court  of 
competent  jurisdiction,  with  costs  of  suit ;  and  in  case  said 
toll-gatherer  shall  have  no  property  subject  to  execution, 
the  company  shall  be  liable  for  the  said  penalty  and  costs, 
to  be  recovered  in  like  manner. 

§   18.     This  act  to  take  effect  and  be  in  force  as  a  pub- 
lic act  from  and  after  its  passage. 

Approved  February  12,  1853. 


1853. 


432 


III  force  Feb.  14, 


AN  ACT  to  incorporate  the  Mount  Carmel  Manufacturing  Company. 


General  powers. 


Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois^  represented  in  the  General  Assembly^  That  Joshua 
Beal,  Charles  W.  Eldridge,  Isaac  N.  Jaquess,  Robert 
Parkinson,  Cyrus  O.  B.  Goforth,  James  H.  Beal,  John  J. 
Lesher,  Alexander  C.  Edgar,  and  their  associates,  succes- 
sors and  assigns,  be  and  they  are  hereby  constituted  a  body 
corporate  and  politic,  under  the  name  and  style  of  ''The 
Mount  Carmel  Manufacturing  Company,"  and  by  that 
title  shall  be  and  are  hereby  made  capable,  in  law  and 
equity,  to  sue  and  be  sued,  plead  and  be  impleaded,  defend 
and  be  defended,  in  any  court  or  place  whatsoever. 

§  2.  The  said  corporation  may  have  and  use  a  common 
seal,  and  the  same  may  alter  or  renew,  at  pleasure ;  and 
are  hereby  vested  with  power  to  purchase,  hold  and  con- 
vey real  and  personal  estate ;  to  give  and  receive  promis- 
sory notes  \  to  enter  into  and  carry  on  all  kinds  of  mechan- 
ical and  manufacturing  business,  by  water,  steam  caloric, 
or  other  power  ;  to  erect  mills,  furnaces,  foundries,  facto- 
ries and  machine  shops,  for  the  manufacture  of  flour,  lum- 
ber, woolen  and  cotton  goods,  castings,  machinery,  furni- 
ture, farming  utensils  and  any  other  kind  or  description  of 
articles  not  forbidden  by  law. 

§  3.  The  said  corporation  may  make  and  establish 
such  by-laws,  ordinances  and  regulations  as  shall,  in  their 
opinion,  be  necessary  for  the  good  government  of  the  said 
corporation,  and  the  prudent  and  efficient  management  of 
its  affairs,  and  are  hereby  vested  with  all  the  powers,  priv- 
ileges and  immunities  which  are  or  may  be  necessary  to 
carry  into  effect  the  purposes  and  objects  of  this  act. 

§  4.  The  capital  stock  of  said  company  shall  not  ex- 
ceed five  hundred  thousand  dollars,  to  be  divided  into 
shares  of  fifty  dollars  each. 

§  5.  The  persons  named  in  the  first  section  of  this  act, 
or  a  majority  of  them,  or  of  the  survivors  of  them,  if  any 
shall  die,  may  cause  books  of  subscription  to  the  capital 
stock  of  said  company  to  be  opened  at  such  public  places 
as  they  may  deem  expedient,  after  having  given  notice  of 
the  same  for  at  least  thirty  days,  by  publication  in  the 
nearest  newspaper;  and  after  five  thousand  dollars  of  the 
stock  of  said  company  shall  have  been  subscribed,  and  ten 
per  cent,  thereon  paid  in,  an  election  may  be  held  for  five 
directors,  of  the  time  and  place  of  holding  which  election 
the  same  notice  shall  be  given  as  required  for  opening 
books  for  subscription. 

§  6.  The  directors  shall  hold  their  ofiices  for  one  year, 
and  shall  have  the  management  of  all  the  business  of  said 
corporation,  the  application  of  its  funds,  the  disposition  of 
its    property,    and   shall  make    all    contracts.     The  said 


433  1863. 

directors,  a  majority  of  whom  shall  constitute  a  quorum  for 
the  transaction  of  business,  shall  elect  one  of  their  number 
to  be  president  of  the  board,  who  shall  also  be  president Pr.si.iem. 
of  the  compan)^,  and  shall,  in  behalf  of  said  company,  ex- 
ecute all  conveyances.  They  shall  also  choose  a  secre- 
tary, who  shall  be  sworn  to  the  faithful  discharge  of  his  .-^«„in. 
duties,  and  a  treasurer,  who  shall  give  bond  to  the  corpo- 
ration, with  securities  to  the  satisfaction  of  the  directors, 
in  such  sum  as  they  shall  require,  for  the  faithful  discharge 
of  his  duties;  and  they  may  also  appoint  such  other  officers 
and  agents  as  to  them  shall  seem  necessary. 

§  7.  The  annual  meeting  of  the  members  of  said  com- Aa;uu:  me-iinK, 
pany  shall  be  holden  on  the  first  Monday  in  May  of  each 
year,  at  Mount  Carmel,  at  wiiich  meeting  the  directors 
shall  be  chosen  by  ballot,  eacii  proprietor  being  entitled  to 
as  many  votes  as  he  holds  shares,  and  having  power  to 
vote  by  proxy.  In  case  it  shall  so  happen  at  any  time  that 
the  directors  or  other  officers  of  the  corporation,  or  any 
of  them,  shall  not  be  elected  on  the  day  appointed  for  their 
said  election,  the  said  corporation  shall  not,  for  that  rea- 
son, be  dissolved,  but  the  said  election,  after  thirty  days' 
notice  thereof  in  the  nearest  newspaper,  may  be  held;  and 
in  the  meantime,  those  already  in  office  shall  hold  their 
offices  until  their  successors  are  duly  elected  and  qualified. 

§  8.  The  said  company  may  locate  and  construct  a  construct  <anai. 
raceway  or  canal,  with  all  necessary  locks,  dams  and 
basins,  from  such  point  above  the  dams  on  the  Great  Wa- 
bash river,  owned  by  the  Wabash  Navigation  Company, 
and  upon  such  terms  for  the  use  of  the  water  power  be- 
longing to  said  last  mentioned  company,  as  shall  be  mutu- 
ally agreed  upon  between  them,  or  if  deemed  more  advis- 
able, may  construct  the  said  raceway  or  canal  from  Craw- 
ford Creek  ;  and  said  company  are  hereby  authorized  to 
unite  said  race  with  the  Wabash  river,  near  Mount 
Carmel,  at  any  point  considered  by  them  most  eligible  and 
proper. 

§  9.  The  said  corporation,  for  the  purposes  herein  ex- iiigi,r  of  way. 
pressed  and  authorized,  may  enter  upon,  take  and  flow  a 
strip  of  land,  not  exceeding  one  hundred  feet  in  width 
along  the  line  of  said  canal,  and  for  the  purpose  of  making 
embankments  or  crossings,  may  take  as  much  more  land 
as  may  be  necessary  for  the  proper  construction  and  se- 
curity of  the  said  canal,  or  the  bridges  and  crossings  over 
the  same  :  Provided,  that  all  lands  or  real  estate  entered 
upon  and  taken  possession  of  and  used  by  said  corpora- 
tion, for  the  purposes  hereinafter  mentioned,  shall  be  paid 
for  by  said  company  in  damages,  if  any  be  sustained  by 
the  owner  or  owners  thereof,  by  the  use  of  the  same  for 
the  purposes  of  said  company;  and  all  lands  so  entered 
upon  and  not  donated  to  said  company,  shall  be  obtained 
[   C2  ] 


under  the  j)rovisions  of  tlie  laws  of  this  state  concerning 
"condemning  riglit  of  way  for  purposes  of  internal  im- 
provement," apj)roved  June  22,  1852,  or  at  their  option, 
by  other  laws  of  this  state  in  force  relating  to  "right  of 
way;"  and  wlien  the  damages  are  assessed  and  paid,  or 
rendered  according  to  tlie  provisions  of  such  law,  said 
land  shall  be  vested  in  said  company. 
Use  streets  in  Mt.  §  10.  The  Said  Company,  having  first  obtained  the 
caraui.  assent  of  the  corporate  authorities  of  the  town  of  Mount 

Carmel,  may  use  any  of  the  streets,  alleys  or  public  grounds 
of  said  town  in  constructing  said  raceway  and  basin  con- 
nected tlierewith,  or  for  any  other  purpose  connected  with 
the  objects  of  this  act,  and  are  further  authorized  and  em- 
powered to  construct  their  said  canal  or  race  way  .over  and 
across  any  public  road  or  highway,  but  the  corporation 
shall,  by  bridges  or  otliervvise,  restore  such  road  or  high- 
way in  such  manner  as  not  to  impair  its  usefulness. 

§  11.  If  any  person  shall  v^ilfully,  maliciously  or  wan- 
tonly damage,  break  or  destroy  any  part  of  tiie  said  race- 
way, basin,  buildings,  machinery,  implements  or  manufac- 
tured article  of  the  said  company,  he,  she,  or  they,  or  any 
person  assisting,  aiding  and  abetting,  shall  forfeit  and  pay 
to  said  company,  forevery  such  offence,  treble  the  amount  of 
damages  proved  before  any  competent  court  to  have  been 
sustained,  and  be  sued  for  in  the  name  and  behalf  of  said 
company;  and  such  offender  or  offenders  shall  be  deemed 
guilt}'^  of  a  misdemeanor,  and  shall  be  liable  to  indictment 
in  the  same  manner  as  other  indictments  are  found  in  the 
said  county  of  Wabash,  and  upon  conviction  every  such 
offender  shall  be  liable  to  a  fine,  not  exceeding  one 
thousand  dollars,  or  imprisonment  in  the  county  jail  for  a 
term  not  exceeding  six  months. 
0  i.iiiu  st(,ck.  §   12.     It  shall  be  lawful  for  the  directors    to  require 

payment  of  the  sums  subscribed  to  the  capital  stock,  at 
such  times,  in  such  proportion,  and  on  such  conditions  as 
they  shall  deem  fit,  under  the  penalty  of  the  forfeiture  of 
all  previous  payments  thereon,  and  shall  give  notice  of  the 
payments  tlius  required,  and  of  the  place  and  time  when 
and  where  the  same  are  to  be  paid,  at  least  thirty  days 
previous  to  the  payment  of  tlie  same,  in  some  newspaper 
published  in  the  town  of  Mount  Carmel. 
Pftrsoimi  proper-  §  1^'  The  stock  of  Said  comj)any  shall  be  deemed  per- 
ly-  sonal  property,  and  assignable  and  transferable  on  the  books 

of  tlie  corporation,  but  no  stockliolder  indebted  to  the  cor- 
poration shall  be  permitted  to  make  a  transfer  until  such 
debt  shall  liave  been  paid,  or  secured  to  be  paid  to  the 
satisfaction  of  the  directors. 
Books.jfaccoimts  §  14.  The  comj)any  shall  at  all  times  keep  proper  books 
of  accounts,  in  which  siiall  be  registered  all  the  transac- 
tions of  the  corporation,  and  the  same  shall  at  all  times  be 


435  1853. 

subject  to  t!ie  inspection  of  the  stockholders.  It  shall  be 
the  duty  of  the  directors  to  make  annual  dividends,  or  at 
such  other  times  as  a  majority  of  them  shall  deem  advisa- 
ble; and  the  said  directors,  whenever  required  by  a  majority 
of  the  stockholders,  shall  exhibit  at  a  general  meeting  a 
full  and  perfect  statement  of  the  debts  and  credits  of  said 
corporation,  and  all  such  other  matters  as  may  be  deemed 
essential,  relating  to  the  affairs  of  the  company. 

§  15.  The  said  company  is  hereby  authorized  to  bor- Bonow  m>.m-: 
row  such  sum  or  sums  of  money  as  may  be  necessary  for 
completing  tiie  said  raceway,  basin,  locks,  bridges,  and 
for  the  erection  and  furishing  of  all  needful  buildings,  mills, 
factories,  foundries  and  machine  shops,  to  be  used  in  the 
prosecution  of  their  business,  and  to  issue  and  dispose  of 
their  bonds  in  such  denominations  as  they  may  prescribe, 
at  sucii  rate  of  interest  or  discount  as  they  shall  determine 
upon,  and  in  such  form  and  upon  such  terras  and  conditions 
as  to  them  shall  seem  most  expedient ;  and  tliey  shall  have 
the  right  to  mortgage,  or  in  any  manner  to  pledge  their 
said  raceway,  and  all  their  corporate  property  and  rights 
of  every  description,  so  as  to  secure  the  repayment  of  any 
sum  or  sums  of  money  borrowed;  and  they  may  do  all  things 
which  natural  persons  migjit  or  could  do  for  effecting  this 
object;  and  all  such  liens,  mortgages,  deeds  of  trust  or 
other  instruments  as  may  be  executed  by  said  companj^,  or 
its  autiiorized  agents,  shall  be  deemed  and  taken  as  valid 
and  effectual  in  all  courts  and  places,  according  to  the  true 
intent  and  meaning  of  the  parties  thereto. 

§    16.     The  company  incorporated  under  this  act  shall  Time  of  constn 
commence  their  said  raceway  within  three  years  from  and 
after  the  passage  hereof;  and  this  act  shall  be  deemed  and 
taken  as  a  public  act,  and  shall  be  in  force  from  and  after 
its  passage. 

Approved  February  14,  1853. 


AN  ACT  to  amend  an  act  to  charter  the  city  of  La  Salle.  in  force  Fo 


tion. 


1853. 


Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Assembly,  That  the 
city  council  of  the  said  city  of  La  Salle  be  and  they  are 
hereby  authorized  to  borrow,  upon  the  faith  and  credit  Borron- 
of  said  city,  any  sum  of  money  not  exceeding  fifteen  thou- 
sand dollars,  at  a  rate  of  interest  not  exceeding  ten  per 
centum  per  annum,  and  for  a  period  of  time  not  exceeding 
ten  years,  and  to  issue  the  bonds  or  other  securities  of  said 
city,  under  the  seal  thereof,  tiierefor,  to  be  signed  by  the 


1853.  436 

mayor  and  countersigned  by  the  clerk,  with  or  without 
coupons,  as  the  said  council  may  see  fit,  and  pledging  ihe 
revenues  and  property  of  said  cityf  or  the  ])ayment  thereof — 
the  interest  to  be  p;;id  in  such  manner,  at  such  place  or  places 
and  at  such  times,  either  annually,  semi-annually  or  oth- 
erwise, as  said  council  may  direct;  and  in  addition  to  the 
taxes  authorized  by  the  act  to  which  this  is  an  amendment, 
said  city  council  may  levy  and  collect  a  sufficient  sum,  as 

iaitax.  a  special  tax  each  year,  to  defray  the  interest  and  expenses 
of  any  sucli  loan  or  loans  ;  said  sum,  thus  borrowed,  to  be 
expended  in  grading  or  otherwise  improving  the  streets  of 
said  city  or  the  roads  leading  thereto,  v/ithin  two  miles  of 
said  city  5  to  the  purchase  of  grounds  for  and  the  erection 
of  a  hospital,  watch  house,  or  house  of  correction,  as  may 
be  provided  by  ordinance  of  said  city  council. 

cool  i,caoc.  §  2.  The  said  city  council  may  designate  any  justice  of 
the  peace  in  said  city,  or  any  one  of  the  aldermen  of  said 
city,  to  act  as  a  justice  of  the  peace,  and  to  exercise  the 
powers  and  authority  conferred  upon  the  mayor  of  said 
city  as  a  justice  of  the  peace,  in  sections  seven,  eight  and 
nine  of  the  fourth  article  of  said  act  to  which  tliis  is  an 
amendment  ;  and  upon  such  designation,  the  person  thus 
designated  shall  have  and  exercise  all  the  powers  conferred 

i'^".  upon    the   mayor  in  said  section  :   Provided^  that  in   case 

any  alderman,  wlio  is  not  a  justice  of  the  peace,  shall  be  so 
designated,  he  shall  be  commissioned  by  the  governor  as  a 
justice  of  the  peace  of  said  city,  and  take  the  like  oath  and 
give  bond  as  required  of  other  justices  of  the  peace  :  ^^nd 
provided,  fnrihe7\  that  this  section  shall  not  be  construed 
to  deprive  the  mayor  of  any  authority  conferred  upon  him 
by  said  sections,  but  he  shall  retain  a  concurrent  jurisdic- 
tion with  said  justice  thus  designated,  as  to  all  matters 
arising  under  said  sections. 

cmpov/ered  to  lay  out  and  open  a  street  from  the  centre  of 
section  ten,  in  township  tliirty-three,  of  range  one,  of  the 
third  principal  meridian,  through  said  section  ten,  or  such 
part  thereof  as  they  may  see  fit,  to  such  point  as  they  may 
determine  upon  the  plank  road  now  laid  out  and  construc- 
ted through  section  eight,  in  said  township,  and  to  appropri- 
ate the  land  to  be  taken  for  such  street  for  that  purpose, 
the  damages  to  be  assessed  to  the  owneis  of  such  land,  and 
the  proceeding  in  relation  thereto  to  be  ascertained  and 
had  in  conformity  to  the  seventh  article  of  the  act  to  char- 
ter said  city. 

■hous^e.  §   4.     The   city  council  of  La  Salle  may  authorize   and 

pet  mil  persons  building  warehouses  upon  blocks  one  hun- 
dred and  tliirty-four  and  one  hundred  and  thirty-five,  to 
extend  the   second  story  of  their  warehouses  over  the  ten 

iHo.  feet  fronting  on  the  canal  basin  :  Provided,  that  they  plank 


437  1853. 

and  keep  in  repair  said  ten  feet  in  such  manner  as  shall  be 
required  by  said  council,  and  said  second  story  be  so  con- 
structed as  to  leave  the  passage  under  the  same  free  and 
unincumbered,  and  the  first  story  to  be  at  least  ten  feet  high. 
Approved  February  12,  1853. 


AN  ACT  to  incorporate  the  Bloomington  City  Hotel  Company.  j,,  for,.,.  i.-,b.  in, 

1853. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois^  represented  in  the  General  Jhsernhly^  That  J.ohncoriKivaur,-., 
E.  McCIure,  David  Davis,  James  Miller,  Isaac  Funk,  Al- 
len Withers,  James  H.  Robinson,  Richard  O.  Warriner, 
William  F.  Flagg,  John  W.  Evving,  Orrin  Curtis,  Abram 
Brokaw,  Jesse  W.  Fell,  Hanson  H.  Painter,  William  Dem- 
mitt,  William  H.  Temple,  James  E.  Parke,  Oliver  Ells- 
worth, Lewis  Bunn,  Cyrenus  Wakefield,  Henry  Coleman, 
William  T.  Major,  Edward  H.  DiJlake,  John  Nichols,  Wil- 
liam Evans,  William  H.  Holmes,  John  M.  Scott,  Asahel 
Gridley,  and  their  associates,  heirs  and  assigns,  are  hereby 
declared  and  constituted  a  body  politic  and  corporate,  by 
the  name  and  style  of  "Tlie  Bloomington  City  Hotel  Com-  stjic. 
pany  ;"  and  by  that  name  and  style  they  and  their  suc- 
cessors sliall  have  succession  for  fifty  years,  and  shall,  in 
law,  be  capable  of  suing  and  being  sued,  pleading  and  be- General  pcwors. 
ing  impleaded,  answering  and  being  answered  unto,  in 
all  courts  and  places  wliatsoever;  may  have  a  common 
seal,  and  may  cliange  and  alter  the  same  at  pleasure  ;  and 
they  and  their  successors  may  also,  by  that  name  and  style, 
be  capable  in  law  of  purchasing,  Iiolding  and  conveying 
away  real  and  personal  estate  for  the  tise  and  purposes  of 
said  corporation,  which  real  estate  shall  not  exceed  one 
acre,  whereon  to  erect  the  hotel,  out-houses  and  necessary 
enclosures  for  carrying  on   the  business   of  said  company. 

§  2.  The  said  company  hereby  incorporated  shaU  have  p^^^^,.  ,_y  t,„j,j. 
power  to  erect,  and  furnish  in  complete  order,  a  hotels  in 
the  city  of  Bloomington,  in  the  county  of  ivIcLean,  in  the 
state  of  Illinois,  and  are  hereby  authorized  to  carry  on  the 
busines-;  of  hotel  keeping,  and  to  use  all  powers  and  privi- 
leges necessary  for  carrying  on  said  business. 

§  3.  The  capital  stock  of  said  company  shall  be  t  w  en  -  Capiui  stock. 
ty  thousand  dollars,  and  shall  be  divided  into  four  hundred 
shares,  of  fifty  dollars  each;  and  the  said  corporators  herein 
named,  or  a  majority  of  them,  are  hereby  authorized  to  ap- 
point three  commissioners  to  receive  subscriptions  for  said 
stock;  and  such  subscription  shall  be  opened  at  such  times 
and    places  as  the   commissioners,  or   a  majority  of  them. 


1853.  438 

shall  appoint,  by  notice  piiblisiied  in  any  newspaper 
printed  and  published  in  the  said  city  of  Blooininorton, 
at  least  twenty  days  before  the  time  appointed.  If  the 
requisite  number  of  shares  shall  not  be  subscribed  for 
at  the  time  and  places  appointed  for  such  subscription,  said 
commissioners,  or  a  majority  of  them,  shall  take  such  meas- 
ures for  completing  such  subscription  as  they  may  deem 
expedient  and  proper.  Every  subscriber  shall,  at  the  time  of 
subscribing,  pay  to  said  commissioners  the  sum' of  one  dol- 
lar for  each  share  subscribed,  and  the  remainder  at  such 
times  and  in  such  sums  as  he  shall  be  required  by  said 
compan}'. 

in-^.  §   4.     As    soon    as    one  hundred    of  the  shares  shall  be 

suhscribed,  the  said  commissioners  shall  give  notice,  in 
the  manner  aforesaid,  and  appoint  the  time  and  {)lace  in 
such  notice  for  the  subscribers  to  meet  for  the  purpose  of 
choosing  a  treasurer,  clerk  and  five  directors.  Every 
stockholfler  shall  be  entitled  at  such  and  all  other  elections 
to  one  vote  for  each  share  to  the  number  of  ten,  and  one 
vote  for  every  five  additional  shares  ;  which  votes  may  be 
given  in  person  or  by  proxy  at  the  election  to  be  held  as 
aforesaid.  The  said  commissioners,  or  such  of  them  as 
may  attend,  shall  be  inspectors  of  such  election,  and  their 
certificates  of  the  names  of  the  persons   elected   shall  be 

li.ii.  conclusive  evidence  of  their  election.     The  first   Monday 

in  the  month  in  whicli  sucli  election  shall  be  held,  shall  be 
the  annual  day  of  all  subsequent  election  of  such  officers. 
A  majority  of  the  directors  so  chosen  shall  be  a  quorum, 
and  shall  be  capable  of  transacting  the  business  of  tiie  cor- 
poration. Any  act  of  the  majority  sliall  be  binding  on  the 
corporation. 

;,,,.,„_  §   5.     The   said   directors,   when  elected   as  aforesaid, 

shall  immediately  proceed  to  elect  one  of  their  number  as 
president;  and  the  said  president  and  directors  may  meet 
from  time  to  time,  and  shall  have  power  to  make  and  es- 
tablish all  such  by-laws,  rules  and  regulations  as  shall  be 
necessary  and  not  inconsistent  with  the  constitution  and 
laws  of  this  state  or  of  the  United  States,  and  witii  the 
provisions  ol  this  act,  for  the  transfer  or  payment  of  the 
stock  or  property  of  said  company,  and  for  the  manage- 
ment and  direction  of  the  affiiirs  of  said  company. 

§   6.     This  act  shall  be  in  force  from  and  after  its  passage. 
Approved  February  10,  1863. 


439  1853. 

AN  AC  r  for  the   relief  of  the  treasurers  of    the    couniics   of  Cook  and  in  force  Frii.  lo. 
Hancock.  18J3. 

Whereas  James  Long,  late  treasurer  of  the  county  of  Cook,  Prcana.U'. 
in    accordance    with   the   instruction   of  the    auditor   of 
state,  did  cause  to  be  advertised  the  delinquent  list  of 
lands  in   June,  1851,  and    petitioned  the   county   court 
of  said'county,  at  the  July  term,  for  authority  to  sell  the 
same  for  the  taxes   of  1850,  and   the  said   court  refused 
to  grant  such   authority,  until  the  next  September  term 
following,  and  the  said   treasurer   thereby  compelled  to 
procure   the   said   delinquent  list  of  lands  to  be  adver- 
tised a  second   time,  wliich  was   done  by  the  said  treas- 
urer at  his   own    expense,  and   for   which   lie   has    been 
unable    to    obtain   any  reimbursement ;    and    whereas 
James   McKee,   of  the    county   of  Hancock,   published 
and  advertised  the  delinquent  list  of  lands  and  town  lots 
for  that  county,  at  the   time    and   in   manner  as  above 
mentioned,  and   for  which   said   several  publications  he 
has  been  unable  to  obtain  any  compensation  therefor — 
Section  1.     Be   it  enacted  hy  the  jjeople  of  the  state  of 
Illinois,  represented  in  the  General  Assembly,   That  the -''^^^UOT'^to  dmw 
auditor   of  public   accounts    be   and  is  hereby  authorized 
and  directed  to  draw  his  warrant  on  the  treasury  in  favor 
of  the  said  James  Long,  for  the  sura  of  one  hundred  and 
eight  dollars,  and   in   favor,  of  the  said  James  McKee,  for 
the  sum  of  ninety-four  dollars,  which  said  allowances  shall 
be  in  full  satisfaction  of  the  claims  of  the  said  James  Long 
and  James  McKee,  for  the  advertising  of  said  delinquent 
tax  lists  for  the  j'ears  aforesaid. 
Approved  February  10,  1853. 


AN  ACT  for  the  relief  of  llie  securities   of  John  Elmore,  late   sheriff  of  m  force  Frt.  s, 
Jackson  county.  1S42. 

Section  1.  Be  it  enacted  hy  the  people  of  the  state  of 
Illinois,  represented  in  the  General  j9ssembly,  That  the  Time exteiuifdtr> 
securities  of  John  Elmore,  late  sheriff  and  collector  of  -'''"^"""^^• 
revenue  for  the  county  of  Jackson,  shall  pay  to  the  audi- 
tor'of  public  accounts,  by  the  first  day  of  January,  A.  D. 
1854,  in  state  indebtedness,  all  such  amounts  as  may  then 
be  due  (without  damages,)  from  the  said  John  Elmore, 
and  for  which  judgments  have  been  recovered  against  said 
John  Elmore  and  his  securities,  and  also  pay  all  costs 
which  shall  then  have  accrued  to  the  persons  respec- 
tively entitled  thereto,  they  shall  be  released  from  liability, 
and  said  judgment  as  to  them  deemed  satisfied  :   Provided,  Provis^o. 


1853.  440 

that  notliing   herein  contained   shall  be  so  construed  as  to 
release  the  said  sheriff  from  the  debt. 
i.-cn,,iti.m      §   2.      That  execution  on  saidjudgments  be  stayed  until 
said  time   of  payment,  but  to  be   in  force  if  said  payment 
be  not  made  as  herein  provided. 

§   3.     This  act  to  be  in  force  from  and  after  its  passage. 

Approved  February  3,  1853. 


AN  ACT  for  the  relief  of  the  securities  of  Solomon  S'.  Leet. 

Section  1.  Beit  enacted  hy  the  people  of  the  state  of 
Illinois^  re-presented  in  the  General  Jlssenihly^  That  Alex- 
ander Marshall,  Samuel  W.  Lynn,  John  N.  Moreheart, 
William  S.  Powers,  Samuel  Darnell,  Sarah  Ann  Jennings 
and  heirs  of  Harry  Jennings,  deceased,  and  Rebecca  Eames 
and  heirs  of  Joseph  Eames,  deceased,  securities  or  Solo- 
mon S.  Leet,  late  collector  of  Henderson  county,  Illinois, 
be  and  they  are  hereby  released  from  the  payment  of  a 
certain  judgment  rendered  against  them  and  in  favor  of  the 
statfi  of  Illinois,  for  the  sum  of  seven  hundred  and  sixty- 
five  dollars  and  fifty  cents  and  costs,  at  the  September 
term,  1851,  of  the  supreme  court;  and  tlie  auditor  is  hereby 
authorized  and  required  to  cause  said  judgment  to  be  en- 
tered satisfied  :  Provided,  that  nothing  herein  contained 
shall  be  so  construed  as  to  release  the  said  sheriff  from  the 
debt,  or  any  portion  thereof. 

§  2.  This  act  shall  take  effect  from  and  after  its  passage. 

Approved  February  8,  1853. 


00  i'ch,  11,  AN  ACT  for  the  relief  of  the  securities  of  William  Compher,  late  collector 
l^^3.  of  Peoria  count}'. 

iioio.  Whereas  William  Compiler,  late  collector  of  Peoria  coun- 

ty, has  absconded,  leaving  his  securities  liable  to  the 
state  upon  his  official  bond  for  the  revenue  collected  by 
him  for  the  year  A.  D.  1849  ;  and  whereas  judgment  has 
been  rendered  by  the  supreme  court  of  this  state  against 
the  securities  of  the  said  Compiler  for  the  amount  of  the 
revenue  due  the  state  for  the  year  A.  D.,  1849;  and  whereas 
the  said  securities  have  paid  upon  said  judgment  the  sum 
of  three  thousand  five  hundred  and  twenty-nine  dollars 
and  foriy-one  cents,  being  about  one-half  the  amount  of 
damages  assessed  against  them  by  said  judgment;  now 
thtrefore — 


i 


441  1851. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  oj 
Illinois,  represented  in  the  General  JJsseniblfj,  That  uporiTobe  discharsed 
the  payment  by  the  said  securities  of  the  said  Compher,  "{'"".tr^™*"*^ 
collector  as  aforesaid,  of  the  costs  of  said  suit  in  the  su- 
preme court,  they,  the  said  securities  of  the  said  Compher, 
as  collector  as  aforesaid,  be  and  they  are  hereby  released 
and  discharged  from  the  payment  of  the  residue  of  the  said 
judgment,  so  far  as  the  state  of  Illinois  is  interested  in  any 
revenue  due  said  state  in  said  judgment. 

§   2.     This  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  February  11,  1853. 


AN  ACT  for  the  relief  of  William  C.  Kinney, 

Section   1.     Be  it  enacted  by  the  people  of  the  state  of 
Illinois,   represented  in  the   General  Assembly,    That  the  Tmw  ot^tuiyment 
time  for  the  payment  of  the  debt  owing  to  the  state  by  the 
estate  of  WiiliaiTi   Kinney,  deceased,  be   and  the  same  is 
hereby  extended  one  year.     And   that  upon  the  payment  interest  m  lands^ 
of  the  said  debt,  and  the   interest  thereon,  by   William  C.  upon  "payment. 
Kinney,  his  heirs,  administrators,  executors  or  assigns,  the 
governor  shall  release,  convey  and  transfer  to  him  or  them 
all  the  interest   which   the   state  holds  in  and  to  the  lands 
held  in  security  for  the  payment  of  the  same. 

Approved  February  10,  1853. 


AN    ACT  to    pay  Henry  W.  Blodgett   for  services    rendered  as  state's  m  force  Jan.  26, 
attorney  in  Lake   county. 

Section  1.  Bt  it  enacted  by  the  people  of  the  state  of 
Illinois.)  represented  in  the  General  Assembly,  That  tbe  Allowance  in  fa- 
auditor  of  public  accounts  of  this  state  is  hereby  directed  Biodgett?'^ 
to  issue  his  warrant  upon  the  treasurer  in  favor  of  Henry 
W.  Blodgett,  of  Lake  county,  for  the  sum  of  two  hundred 
dollars,  for  services  of  said  Blodgett,  as  state's  attorney 
pro  tern.,  in  the  Lake  county  circuit  court. 

§  2.     This  act  shall  take   effect  and   be   in   force  from 
and  after  its  passage. 

Approved  January  26,  1853. 


1853.  442 

In  force  Jau  26,  AN  ACT  £or  the  relief  of  the  inhabitants  of  school  district  No.  one,  town- 
1*^3.  sJiip  18,  range  1,  in  Menard  county. 

Preamble.  Whereas  the  inhabitants  of  school  district  No.  one,  in  town- 
ship eighteen  north,  of  range  seven  west,  in  Menard 
county,  Illinois,  did,  in  public  district  meeting,  on  Sat- 
urday, the  20th  day  of  July,  A.  D.  1850,  vote  a  tax  of 
five  hundred  dollars  for  the  purpose  of  building  a  school 
house  in  said  district — 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Election  declared  ^^''^'^^^'^j  represented  in  the  General  ^^ssemhly^  That  the 
valid.  vote  of  the  inhabitants  of  school  district  No.  one,  in  town- 

ship eighteen  north,  of  range  seven  west,  in  Menard  coun- 
ty, and  the  tax  voted  by  the  said  inhabitants  on  the  20th 
day  of  July,  A.  D.  1850,  are  hereby  declared  to  be  good, 
'\ejauzed.°^''""' valid  and  effectual  in  law  and  in  equity;  and  the  act  of  the 
secretary  and  chairman,  in  certifying  to  the  district  direc- 
tors the  record  of  the  meeting  of  said  inhabitants  on  the 
day  and  year  aforesaid,  and  the  act  of  the  district  clerk  in 
certifying  to  the  clerk  of  the  county  court  of  said  county 
the  abstract  of  the  votes,  and  the  amount  of  money  voted  to 
be  raised  at  said  meeting,  and  the  act  of  the  county  clerk 
aforesaid,  in  computing  the  tax  upon  the  taxable  property 
of  said  school  district,  are  hereby  declared  to  be  good,  le- 
gal and  effectual  in  law,  in  all  respects  whatever. 
Approved  January  26,  1853. 


In  force  Jan.  26,  AN  ACT  to  locate  a  certain  road  therein  named. 

1853. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Jlssemblij,  That  a  road 

Roiviiocated.  be  located  as  follows  :  beginnmg  at  the  point  where  the 
road  crosses  the  east  line  of  the  southwest  quarter  of  sec- 
tion thirty-three,  in  the  town  of  Big  Rock,  in  the  county 
of  Kane,  whicii  road  is  known  as  the  South  Aurora  road, 
and  running  thence  south  along  the  west  side  of  said  line 
to  the  south  line  of  said  section  thirty-three;  thence  west 
on  said  line  to  the  southwest  corner  of  the  east  half  of 
the  southwest  quarter  of  said  section  thirty-three;  thence 
westerly  to  the  east  end  of  Oregon  avenue,  in  the  village 
of  Little  Rock,  in  the  county  of  Kendall;  and  that  the  road 
be  four  rods  wide,  and  that  it  be  declared  a  public  highway. 

Road  vacated.  §  2.  And  that  all  roads  heretofore  laid  out  between 
the  point  first  mentioned  and  the  village  of  Little  Rock, 
be  and  the  same  are  hereby  vacated. 

Proviso.  §   3.     Provided,  that  if  the  owners  of  the  several  lands 

over  which  said  road  passes  shall  not,  within  six  months 


443  1853. 

after  the  passage  of  this  act,  open  the  said  road  and  file 
in  the  clerk's  oliice  of  the  respective  towns,  a  release  from 
all  damage  in  consequence  of  tiie  opening  of  said  road, 
that  tlien  this  act  to  be  void,  otherwise  to  be  in  full  force. 

Tliis  act  to  take  effect  from  and  after  its  passage. 

Approved  January  26,  1853. 


AN  AC  r  to  restore  William  Whitaker,  of  Alexander  county,  to  citizenship.  In  force  Feb.  lo. 
'  •"  ^  1853. 

Section  1.    Be  it  enacted  hy  the  people   of  the  state  of 
Illinbis,  represented  in  the  General  Assembly^    That  Wil- ^/g^'°J^^_*°  *•'"'- 
liam  Whitaker,  of  Alexander  county,  who  was   convicted 
of  larceny  in  the  Union  county  circuit  court,  be  and  he  is 
hereby  fully  restored  to  all  the  rights  of  citizenship. 

§  2.  This  act  shall  be  in  force  from  and  after  its  passage. 

Approved  February  10,  1853. 


AN  ACT  for  the  relief  of  Leanna  Knox,  of  Sangamon  county. 


In  force  Feb.  10, 


Whereas  Leanna  Knox,  a  free  woman  of  color,  was  inter- Preamble. 
married,  in  the  state  of  Kentucky,  with  Jose  Knox,  who 
was  a  slave;  and  the  said  Leanna  being  the  owner 
of  property,  bought  the  said  Jose  and  liberated  him  ; 
whereas,  also,  after  the  removal  of  the  said  Leanna 
and  Jose  to  Sangamon  county,  Illinois,  the  west  half  of 
lot  six,  in  block  thirty,  in  the  old  town  plat,  now  city  of 
Springfield,  was  bought  with  the  money  of  the  said  Le- 
anna, and  the  deed  for  the  same  was  made  to  the  said 
Jose.;  and  whereas,  also,  the  said  Jose  has  departed  this 
life  without  heirs,  whereby  the  half  of  said  lot  escheats 
to  the  state  of  Illinois,  and  that  on  said  lot  is  a  dwelling 
house,  which  has  been  and  now  is  the  house  of  the  said 
Leanna  ;  therefore — 
Section   1.     Be  it  enacted  hy  the  people  of  the  state  of 

Illinois^   represented  in  the  General  Assembly^    That  all  Title  to  vest  in 

I  •   1  1    -  I'll  z'  Til-       •  Leanna  KnoT. 

the  right,  title  and  interest  which  the  state  ot  Illinois  now 
has  or  hereafter  may  acquire  in  and  to  lot  six,  in  block 
thirty,  of  the  old  town  plat  of  the  city  of  Springfield,  in  the 
right  of  the  said  Jose  Knox,  be  and  the  same  is  hereby 
vested  in  the  said  Leanna  Knox  ;  and  the  governor  of  the 
state  of  Illinois  is  hereby  directed  and  authorized  to  con- 
vey, under  the  great  seal  of  the  state,  to  liie  said  Leanna 
Knox,  her  heirs  and  assigns,  all  the  said  interest  of  the  state 
of  Illinois  in  and  to  the  lot  aforesaid  :  Provided.,  that  noth- Proviso. 


1853.  444 

ing  herein  contained  shall  affect  or  impair  tiie  rights  of  any 
heir  or  heirs  of  the  said  Jose  Knox,  if  an)-  such  should  here- 
after be  found  to  exist,  or  of  the  state  of  Illinois,  acquired 
otherwise  than  through  the  said  Jose  Knox. 
Approved  February  11,  1853. 


Ill  t.jrcii  Fei.  14,  AN  ACT  to  authorize  the  county  court  of  Morg^an  county  to  build  a  court 
wss.  house,  and  for  other  purposes. 

Section   1.      Be  it  enacted  hy  the  people  of  the  ^t ate  of 

Illinois,  represented  in  the    General  ^'issembly.  That  the 

I'ouaty  oourt  to  couuty  court  of  Morsfan  county  is  iiereby  A-ested  with  pow- 

purchase  lot  for  ,       "^  ,  •       .1  ,-  i  1  .  •,    1  1      1     . 

co'irtb.-use.  cr  to  purchase,  in  the  name  ot  the  county,  a  suitable  lot  or 
lots  in  Jacksonville,  and  build  thereon  a  court  house,  of 
such  form  and  dimensions  as  may  be  necessary  to  the  pub- 
lic convenience  and  uses  of  the  county  ;  and  said  court  is 
also  vested  with  power  to  build  a  jail,  on  the  lot  on  which 
the  present  jail  stands,  or  to  sell  said  lot  and  purchase 
another  or  others  ;  and  the  said  court  is  further  vested 
with  power,  in  order  to  execute  the  provisions  hereof,  to 
borrow,  on  the  credit  of  the  county,  any  sum  of  money  not 
exceeding  thirty  thousand  dollars,  for  a  term  of  years  not 
exceeding  fifteen,  and  at  a  rate  of  interest  not  exceeding 
eight  per  cent,  per  annum,  payable  annually;  said  money  to 
be  received  by  the  county  in  such  sums  and  at  such  times 
as  the  same  may  be  required  for  use  for  the  purposes  afore- 
said. 

To  execute  bonds  §  2.  In  the  cxccution  of  the  provisions  of  the  foregoiug 
section,  the  judges  and  justices  of  said  court  are  vested 
with  power  to  execute  the  bonds  of  the  county  from  time 
to  time,  as  funds  may  be  required,  for  sums  not  less  than 
one  hundred  nor  more  than  one  thousand  dollars,  payable 
at  such  time,  not  exceeding  fifteen  years  from  the  date, 
and  at  suchpla.cein  the  state,  or  in  St.  Louis,  in  Missouri,  as 
may  be  agreed  on,  to  be  signed  by  said  juxiges,  and  justi- 
ces, attested  by  the  clerk,  and  the  seal  of  court  affixed  to 
each,  and  when  so  executed  the  said  bonds  may  be  sold  for 
not  less  than  the  sums  expressed  on  the  face. 

Hake  record  of  §  3.  Bcforc  affixing  the  seal  upon  any  bonds  executed 
as  aforesaid,  the  clerks  shall  make  an  1  record,  on  the  record 
books  of  said  county,  a  descriptive  list  thereof,  showing  the 
date,  number  and  amount  of  each  bond,  and  when  payable, 
and,  if  known,  to  whom  payable. 

§  4.  To  enable  the  county  to  meet  the  payment  of  the 
interest  upon  said  bonds,  and  the  principal  when  due, 
the  said  court  shall,  before  making  sale  of  any  bonds,  levy  a 
tax,  to  be  collected    annually,  sufficient  to  pay  the  annual 


445 


1853. 


iiildluiu'     tt 
lire    prool 


interest  and  two  thousand  dollars  of  the  principal  any  year; 
wliich  tax  shall  be  collected  in  specie,  and  which,  when 
collected,  shall  constilute  a  separate  fund,  not  subject  to 
be  used  for  any  otlier  purpose,  and  to  be  used  exclusively  in 
the  payment  of  the  bonds  aforesaid  :  Provided,  however 
that  unless  the  money  can  be  obtained  with  a  provision  for 
the  payment  of  one-fifteenth  or  more  of  the  principal  annu- 
ally, the  tax  to  be  levied  as  aforesaid  shall  be  limited  to  such 
sums  as  ni^ay  be  required  for  paying  the  interest  and  such 
portion  ot  the  principal  as,  by  the  terms  of  the  loan,  the 
county  may  have  the  right  to* pay. 

§  5.  No  order  made  under  the  provisions  of  this  act  by 
the  said  court  shall  be  set  aside  or  changed  to  the  prejudice 
of  any  bondholder  of  the  county. 

§   6.     The  said    court  is  authorized  to  appoint  an  agent  Appoint  ag.mt. 
to  make   sale  of  said  bonds,  and  to  vest  him  with   full  and  ,'ana=    ''^"   "' 
ample  powers  to  make  such  sale  upon  the  terms  prescribed 
in  this  act. 

§  7.  The  said  building  shall  be  constructed,  if  practica-  b. 
ble,  as  not  to  be  subject  to  be  consumed  by  fire,  and  fire 
proof  vaults  shall  be  attached  to  or  connected  with  the  of- 
fices, for  the  safe  deposit  and  keeping  of  the  records  of  the 
courts  and  county.  And  moreover,  the  said  building  shall 
always  be  kept  insured  in  one  or  more  responsible  offices, 
for  a  reasonable  amount,  to  be  determined  by  said  county 
court.  Whenever  the  owners  of  two-thirds  in  value  of  the 
taxable  property  situated  within  the  corporate  limits  of  corporation 
the  town  of  Jacksonville  shall  sign  a  petition  to  the  pres-  Jacfesonviue  to 
identand  trustees  of  said  town,  requesting  the  execution  of  Zi'em'i  Ju'^ 
the  provisions  of  this  act,  it  shall  be  lawful  for  the  said 
president  and  trustees  to  purchase,  in  the  name  and  for  the 
use  of  the  corporation,  one  or  more  lots  in  said  town,  and 
to  cause  to  be  erected  or  built  thereon  a  public  building, 
to  be  called  "Illinois  Hall,"  of  such  form  and  dimensions  as 
that  there  shall  be  one  room  of  sufiicient  capacity  to  seat 
three  thousand  persons  at  one  and  the  same  time,  and  such 
other  rooms  as  may  be  required  for  the  uses  of  the  corpo- 
ration. 

§  8.  The  said  large  room  shall  be  kept  as  a  town  halI,To 
under  regulation  of  the  town  authorities,  in  which  all  pub-  " 
lie  meetings  of  the  inhabitants  of  the  town  and  county  of 
Morgan  shall  be  held  for  the  transaction  of  business,  and  in 
which  public  meetings,  for  any  lawful  purpose,  may  be 
held,  such  as  public  debates  and  discussions,  public  lec- 
tures, anniversaries,  or  conventions  of  literary,  scientific 
or  other  societies  or  institutions,  conventions  of  the  people 
for  any  lawful  purpose,  college  commencements  and  public 
examinations  of  academies,  seminaries  and  schools. 

§   9.     To  enable  tr.e  said  president  and  trustees  to  pur- 
chase the  ground  and  erect  the  building  aforesaid,  they  are  ^  ' 


be   kfpt 
v-ii  hall. 


Kxecute  bonde. 


1853.  44b 

authorized  to  borrow,  outhe  credit  of  the  corporation,  any 
sum  of  money  not  exceeding  twenty  thousand  dollars,  for 
a  term  of  years  not  exceeding  twenty,  and  at  a  rate  of  in- 
terest not  exceeding  eight  per  cent,  per  annum,  payable  an- 
nually, at  such  place  as  may  be  agreed  upon  :  Provided, 
that,  in  contracting  for  said  loan,  provision  shall  be  made, 
if  practicable,  for  paying  a  part  of  the  principal  sum  bor- 
rowed at  the  end  of  any  year.  _ 

§  10.  The  said  president  and  trustees  are  vested  with 
power  to  execute  the  bonds  of  the  corporation,*from  time 
to  time,  as  loans  may  be  obtained,  for  sums  not  less  than  one 
hundred  nor  more  than  one  thousand  dollars,  payable  ac- 
cording to  the  provisions  of  the  contract ;  which  bond  shall 
be  signed  by  the  president  of  the  board,  attested  by  the 
clerk  or  secretary,  and  the  seal  of  the  corporation  affixed 
to  each  ;  but  before  affixing  the  seal  the  clerk  or  secretary 
shall  enter  on  the  record  or  journal  of  the  proceedings  of 
the  board  a  descriptive  list  of  said  bonds,  showing  the  date, 
number  and  amount  of  each,  and  when  and  where  payable. 

uvytax.  §   11.     The  said  president  and  trustees  shall  provide  for 

meeting  the  payment  of  the  interest  and  principal  of  said 
bonds,  by  levying  or  assessing  such  a. tax  upon  all  the 
property  within  the  limits  of  the  corporation  as  shall  be 
sufficient  for  that  purpose  ;  which  tax  shall  be  collected  in 
and  with  other  taxes  in  specie,  and  when  collected  shall 
be  applied  exclusively  to  the  payment  of  said  bonds,  and 
to  no  other  purpose  whatever. 

ordorievyiugiax      §   12.     No  Order  levying  or  assessing  a  tax  under  the 

aside."  ""  *"  provisions  of  this  act,  shall  beset  aside,  reversed  or  changed 
to  the  prejudice  of  the  holders  of  any  of  said  bonds. 

Agent  to  obuun      §   13.      i  he  Said  president  and  trustees  are  vested  with 
•'*'"'•  power  to  appoint  an  agent  or  agents,  to  act  for  the  board 

in  obtaining  the  loan   aforesaid,  and  also  to  take  and   use 
all  lawful  ways  and   means  in  executing  the  power   con- 
ferred by  this  act.  i         •  i 
6   14.     In  executing  the  provisions  of  this  act,  the  said 

Oouaty  and  town        V  '^■^^■^  or  i      c  at  + 

authorities  may  pj.egi(]ent  and  trustecs  and  county  court  oi  Morgan  county 
act  together.     )f^^^  ^^^^^  ^^^^  ^^^  together  so  as  to  make  one  building  con- 
stitute the  court  house  and  town  hall ;  and  in  case  of  such 
agreement,  the  first  story  of  the  building  shall  be  used  for 
the  court  house  and  county  offices,  the   second   story  for 
the  town  hall,  and  the  third  story  for  any  safe  purpose  au- 
thorized by  the  said  president  and  trustees,  and  said  build- 
ing may  be  placed  on  the  public  square  in  said  town. 
Cost  of  building      §    15.     In  case  of  the  agreement  provided  for  in  the  fore- 
^lon.d!   "'''°'"  going  section,  the  cost  of  the  building  shall  be  fairly  appor- 
tioned  between  the  county  and  corporation  of  the  town. 
The  first  story   shall   be  under  the   control  of  the   county 
authorities,  and  the  second  and  third  under  the  corporate 
authorities  of  the  town. 


447  1853. 

§  16.  The  said  corporation  shall  pay  a  fair  proportion  Town  corporation 
of  the  cost  of  keeping  said  building  insured,  and  may,  more-  insur^^^cr'  "'' 
over,  keep  the  second  and  third  stories  insured  separately. 

§    17.     No  action  shall  be  had  under  any  agreement  that  CuuntynotiopaT 
may  be  made  to  unite  the  buildings,  as  herein  provided  for,  Truou o "c '"^"" 
until  the  president  and  trustees  of  the  town  shall  have  re-  '''"' '°" "^ ""' ' 
ceived  the  loan  of  such  proportion  of  the  cost  of  the  build- 
ing as  said   corporation  may  be  bound  to  pay,  so  that  the 
county   shall  never  be  charged  with   or  required  to  pay  a 
larger  amount  than  the  just  proportion  originally  ao'reed  on 
by  the  two  authorities. 

§  18.  In  case  the  county  court  and  president  and  trus- voteto  be  taken 
tees  of  the  town  shall  make  agreement  herein  provided  uourfanTtoTu 
tor,  to  make  one  building  constitute  the  court  house  and  ^''"* 
town  hall,  then  the  question  of  executing  said  agreement, 
under  the  provisions  of  this  act,  shall  be  submitted  to  the 
decision  of  the  people  of  said  county  of  Morgan,  to  be  de- 
cided by  vote  at  the  next  November  election,  at  which  time 
and  election  the  legal  voters  of  said  county  shall  vote  for 
or  against  the  same.  Those  voting  for  the  law  shall  have 
printed  or  written  on  their  tickets,  <'For  building  court 
house  and  hall;"  those  voting  against  the  law  shall  have 
printed  or  written  on  the  tickets,  "Against  building  court 
house  and  hall ;"  and  if,  upon  canvassing  and  counting  the 
votes,  it  shall  appear  that  a  majority  of  the  votes  given  upon 
the  question  are  in  favor  of  executing  the  agreement  afore- 
said, then  this  act,  authorizing  such  agreement,  shall  be 
binding  upon  the  county,  and  the  building  shall  be  erected 
by  t;ie  two  authorities  as  herein  provided  for ;  but  if  the 
majority  of  the  votes  given  as  aforesaid  shall  be  against 
executing  the  said  agreement,  the  same  shall  [be]  null  and 
void,  and  ihe  said  coimty  court  and  president  and  trustees 
may  proceed  to  execute  the  provisions  hereof  separately, 
as  tnougli  no  provision  had  been  made  for  their  joint  action 
in  the  premises. 

Approved  February  14,  1853. 


AN  ACT  to  legalize  the  election  of  trustees  of  schools,  in  township  12  m  force  Jan.  26, 
south,  range  6  east,  in  Pope  county.  1858. 

Section  1.     Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Assembly,  That  the  elec-  Election    legai- 
tion  of  John  Gullett,  A.  S.  Barger  and  Wesley  Connelly,  as  ''*'*'• 
trustees  of  schools  in  township  twelve  south,  range  6  east,  in 
Pope  county,  Illinois,  held  in  said  township  on  the  tenth  day 
of  April,  A.  D.  one  thousand  eight  hundred  and  fifty-two,  be 


1»03. 


and  the  same  is  hereby  legalized,  and  no  informality  or  le- 
gal defect  in  the  said  election  shall  invalidate  or  in  any 
manner  impair  the  acts  and  doings  of  said  trustees  since 
their  said  election,  and  during  their  continuance  in  office. 
This  act  to  take  effect  and  be  in  force  from  and  after  its 
passage. 

Approved  January  26,  1853. 


Inforoe  Jan.  22,  AN  ACT  to  authorize  the  purchase  of  lawbooks  for  the  libraries  of  the 
1853.  supreme  court. 

Section   1.     Be  it  enacted  by  the  people  oj  the  state  of 

Illinois^  represented  in  the  General  Assembly^  That  there 

Appropriation  to  be  appropriated,  for  the  years  1853  and  1854,  the  sum  of 

purchase    books  „  }■  ^       -^      -,     ■,     ^\  ii         r  i        r>    ^i  j    j-     • 

for  libraries  of  five  hundred  dollars,  annually,  for  each  ot  the  grand  divi- 
supreiuo court.  ^.^^^  of  the  suprcmc  court,  to  be  applied  in  the  purchase  of 

law  books  for  the  libraries  of  said  court,  the  money  to  be 
Dirortioii. .f court  (ji-awn  and  expended  under  the  direction  of  the  justices  of 

said  court.  This  act  to  be  in  force  from  and  after  its  passage. 
Approved  January  22,  1853. 


in  force  Jan.  17.  AN  ACT  to  pay  certaiti  persons  therein  named  for  services  rendered  to  the 
1853.  state. 

Section   1.     Be  it  enacted  by  the  people  of  the  state  of 

Illinois^  represented  in.  the    General  */2ssembly^  That  the 

Allowance      to  sum  of  two  hundred  and   seventy-eight   dollars   and  fifty 

Noah    Johnson  ceuts    be  and  the  same  is   hereby  appropriated   to   Noah 

and  A.  Lincoln.  ^    ,  ,  „  .  i        i  i     .•      a  •  a         a 

Johnson ;  the  sum  ot  one  hundred  and  torty-nme  to  A. 
Lincoln,  for  services  rendered  as  commissioners  under  and 
by  virtue  of  an  act  entitled  "An  act  to  constitute  a  com- 
mission to  take  evidence  in  relation  to  certain  claims,"  ap- 
proved June  22,  A.  D.  1852 ;  and  that  there  be  appropria- 
ted to  R.  E.  Goodell  the  sum  of  one  nundred  and  sixty-one 
"R'^ck-odeii!"  "■  dollars,  for  services  rendered  as  clerk  of  said  commission  ; 
and  the  auditor  is  hereby  authorized  and  directed  to  issue 
his  warrant  upon  the  treasurer  for  the  several  sums  of  mo- 
ney above  specified,  in  manner  specified  in  the  appropriation. 

2.     This  act  to  be  in  force  from  and  after  its  passage- 

Approved  January  17,  1853. 


449  1853. 

AN  ACT  to  vacat(?  Ji  certain  ptatc  road  Ihereiii  named.  in  forco  Jan. -24, 

1S63. 

Section.!.  Be  it  enacted  by  the  people  of  the  state  oj 
Illinois,  represented  in  the  General  *j2ssemi)hj,  That  so 
much  of  a  state  road  laid  out  under  an  act  in  force  Febru- vacation  of  rc.-.a. 
ary  28th,  A.  D.  1847,  as  lies  between  the  village  of  Roscoe, 
in  Illinois,  and  the  village  of  Beloit,  in  Wisconsin,  be  and 
the  same  is  hereby  vacated;  and  so  much  of  said  act  as 
authorizes  the  laying  out  of  a  state  road  between  Roscoe 
and  Beloit,  is  hereby  repealed. 

§  2.     This  act  to  take  effect  and   be  in  force  from   and 
after  its  passage. 

Approved  January  24,  1853. 


AN  ACT  to  amend  an  act  entitled  "An  act  to  amend  the  revenue  laws  and  i"  I'^i-co.  Jan.  24, 
provide  for  the  collection  of  state  taxes  in  the  city  of  Quincy."  ''''^•''" 

Section  1.  Be  it  enacted  by  the  people  oj  the  state  of 
Illinois,  represented  in  the  General  .assembly,  That  the  ^^."IfectorTo  ob- 
provisions  of  the  seventh  section  of  an  act  entitled  "An  t'*'"  juii?nuut. 
act  to  amend  the  revenue  laws  and  provide  for  the  collec- 
tion of  the  state  taxes  in  the  city  of  Quincy,"  approved 
June  iii3,  A.  D.  1852,  shall  be  so  construed  and  amended 
as  to  authorize  the  collection  of  taxes  for  the  year  A.  D. 
1851,  in  said  city,  to  obtain  judgment  against  the  delin- 
quent real  property  at  the  March  term  A.  D.  1853,  or  at 
any  other  regular  term  of  the  county  court  of  Adams 
county,  in  like  manner  as  he  was  authorized  to  do  at  the 
October  term,  1852,  of  said  court  mentioned  in  the  act 
aforesaid. 

§   2.     This    act   shall   be    in   force   from    and    after    its 
passage. 

Approved  January  24,  1853. 


AN  ACT  to  authorize  the  sale  of  a  school  lot  therein  named.  In  force  Jan.  24, 

1863. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois  represented  in  the  General  Assembly,  That  the 
trustees  of  schools  of  township  number  eight  north,  of°""««°f^^'""'''^ 
range  number  eight  east,  in  Peoria  county,  be  and  they  are 
hereby  authorized  and  empowered  to  sell,  either  at  public 
or  private  sale,  lot  number  twelve  (12,)  in  block  number 
forty-six  (46,)in  Monson  and  Sanford's  addition  to  tl^  city 
of  Peoria,  with  the  improvements  thereon,  and  to  coovey  Power  to mbvct. 
[  D2  ] 


1853.  450 

to  the  purchaser  or  purchasers  the  title  thereto,  now  vested 
in  said   trustees   for  the  use   of  the  inhabitants  of  school 
district  number  two  in  said  city,  for  the  use  of  schools;  and 
..or.>.  t  J  pay  that    said  trustees   pay  over   the  proceeds    of   such  sale 
iJ.Siea'."'' to   the   directors  of  schools   in  said   school  district,  to  be 
by  them  applied,  under  the  direction  of  the  legal  voters  of 
said  district,  or  a  majority  of  those  voting  at  any  meeting 
called  according  to  law,  towards  the  payment  of  debts,  the 
purchase  of  grounds  and  the  erection  of  buildings  for  com- 
is-  mon  school  purposes  in  said  district :  Provided,  how  ex  ex., 

that  a  meeting  of  the  legal  voters  of  said  school  district 
shall  be  first  convened  in  the  manner  now  provided  by  law 
for  the  calling  of  meetings  to  levy  taxes  for  common  school 
purposes,  and  a  vote  taken  on  the  question  of  the  sale  of 
said  lot;  and  no  sale  thereof  shall  be  made  by  said  trustees 
unless  a  majority  of  votes  of  such  legal  voters  attending 
and  voting  at  such  meeting  shall  be  cast  in  favor  of  such  sale, 
and  the  result  thereof  duly  certified  to  the  said  trustees  by 
the  chairman  and  secretary  of  said  meeting. 

§   2.     This  act  to  be  in  force  from  and  after  its  passage. 
Approved  January  24,  1853. 


m  iorco  Jan.  24,  AN  ACT  to  provide  for  the  collection  of  a  portion  of  the  public  revenue, 
1853.  and  to  enable  the  late  sheriff  of  Kendall  county  to  settle  his  accounts. 

Section  1.     Be  it  enacted  by  the  people  of  the  state  of 
Illinois  represented  in  the    General  Assembly,  That  Wil- 
sherin    authoi*liam  L.  Fowler,  who  was  late  sherift*  of  Kendall  county, 
ized  to  collect.   ^^  ^^^  j^^  .^  hereby  authorized  and  empowered  still  to  pro- 
ceed and  collect  all  taxes  due  and   unpaid  in  said  Kendall 
county  for  the  year  1849;  and  for  that  purpose  said  Fowler 
is  authorized    and  empowered  to  levy  upon    and  sell  per- 
sonal property,    and  advertise,  obtain  judgment    against, 
and  sell  real  estate  on  which  taxes  remain  due  and  unpaid 
for  said  year,  in  the  same   manner  as  if  the  time  for  such 
collection  had  not  expired. 
Board  of  super-      §  2.     The  board  of  supervisors  of  said  county  is  hereby 
"anceB^for  authorized  and  required  to  allow  and  credit  said  collector 
delinquents,      ^j^j^  ^|-,g  amount  of  sucli  taxcs,  not  heretofore  abated  and 
allowed,  as  he   may  be  unable  to  collect  by  reason  of  the 
insolvency  or  removal   of  tlie  persons  owing  the  same,  or 
on  account  of  errors   in  the  tax  lists;  and  when  any  such 
abatement  is  allowed,  the  clerk  of  said  county  shall  make 
out  and  deliver  to  said   collector  a  statement  of  the  facts 
in  the  case,  showing  the  amount  of  state  tax  abated;  which 
statement  shall  be  filed  in  the  office  of  the  auditor  of  pub- 


451  186a. 

lie  accounts,  and  tlie  auditor  sliall  credit  said  collector  Auditorionedi 
with  tiie  amount  of  state  tax  so  abated,  and  refund  the 
same  to  him  as  in  other  cases  of  other  payment :  Provided  Proviso 
that  if  said  collector  shall  not  have  settled  and  paid  all 
debts  due  from  him  to  the  state  and  county,  then  the 
amount  of  such  abatements  shall  be  credited  on  his  ac- 
count or  on  any  judgment  in  favor  of  the  state  or  county, 
and  against  such  collector;  the  county  shall  refund  the 
county  tax  abated  in  like  manner  as  the  state  is  required 
to  refund. 

§    3.     This    act  shall   be   and   remain   m  force  for   the 
space  of  nine  months  from  and  after  its  passage. 

Approved  January  24,  1853. 


AN  ACT  to  incorporate  the  Morris  Cemetery  Association.  m  force  Feb 

1853. 

Skction  1.  Bt  it  enacted  hy  the  people  of  the  state  of 
Illinois  represented  in  the  General  Assembly,  That  George  Oorporuto.?. 
W.  Lane,  George  Fisher,  Charles  H.  Goold,  Lewis  P.  Lott, 
and  Stanbery,  and  their  associates,  be  and  they  are  hereby 
Eugene  made  and  created  a  body  corporate  and  politic^by 
name  of  "TheMorris  Cemetery;Association,"  and  by  thatthe 
name  to  have  perpetual  succession,  and  all  the  franchises, 
powers,  privileges,  rights  and  immunities,  together  with 
the  liabilities  incident  in  law  to  a  corporation  aggregate. 

§  2.  The  officers  of  said  corporation  shall  be  a  board  Managcmen- 
of  five  directors,  who  shall  be  elected  annually  by  ballot,  ""^"'''' 
on  the  first  Monday  in  March  in  each  year,  who  shall  hold 
their  offices  until  their  successors  are  elected  and  qualified; 
a  secretary  and  such  other  officers  and  agents,  being  mem- 
bers of  said  corporation,  as  may  from  time  to  time  by  the 
by-laws  of  said  corporation  be  required,  shall  be  appoint- 
ed by  said  board  of  directors,  who  shall  hold  their  offices 
until  their  successors  are  appointed,  and  who  may  be  re- 
moved from  office  by  said  board  of  directors  for  any  mal- 
feasance or  neglect  of  duty,  and  may  be  required  to  give 
bond  to  the  corporation  in  such  sums  as  by  such  by-laws 
may  be  provided,  with  such  security  as  said  board  of  di- 
rectors may  approve,  conditioned  for  the  faithful  discharge 
of  their  respective  duties.  The  said  board  of  directors 
immediately  after  the  election,  shall  appoint  one  of  their 
number  president,  and  from  and  after  such  appointment  of 
president  the  said  corporation  shall  be  taken  and  held  to 
be  duly  organized. 

§   3.     The  manner  and  place  of  holding  the  first  election  First  election 
under  this  act  shall  be  determined  by  the  above  named 


1853,  452 

corporators,  or  a  majority  of  them;  subsequent  elections 
shall  be  held  at  such  place,  and  be  conducted  as  the  by- 
laws of  said  corporation  may  provide;  special  elections, 
may  be  held  on  the  order  of  the  president  for  the  purpose 
of  filling  vacancies. 

§   4.     Every   person  having  a  title   to  one  or  more  lots 
""■  in  the  cemetery  authorized  by  this  act  shall  be  a    member 

of  the  said  corporation    and  entitled  to  one  vote  only;  ab- 
sent members  may  vote   by   proxy  in   writing,  to  be  filed 
with  the  secretary. 
J,,,  ^   5,     Said  corporation  shall  have  power  to  purchase,  re- 

ceive by  grant,  or  otherwise,  and  hold  lands,  not  exceeding 
forty  acres  in  quantity,  which  shall  be  used  for  a  cemetery, 
and  for  the  purposes  of  ornamental  gardenings,  which  lands 
may  by  said  board  of  directors  be  laid  oif  in  lots  for  the 
burial  of  the  dead,  with  avenues,  streets  and  alleys  lead- 
ing thereto,  together  with  lots  or  parcels  for  horticulture; 
and  such  lots  for  the  burial  of  the  dead  may  be  sold  and 
conveyed  to  the  purchaser  or  purchasers  thereof,  by  cer- 
tificate of  purchase,  signed  by  the  president,  attested  by 
the  secretary,  and  bearing  the  seal  of  the  said  corporation; 
and  said  lots  so  sold  as  aforesaid  shall  be  used  for  the 
burial  of  the  dead,  and  for  no  other  purpose,  and  to  that 
end,  shall  be  under  the  exclusive  control  of  the  owner  or 
owners  thereof,  subject,  however,  to  such  rules  and  regu- 
lations in  relation  to  tiie  same  as  said  corporation  may  by 
its  by-laws  provide;  and  the  owners  of  such  lots  may  trans- 
fer the  same,  in  manner  and  form  in  the  said  by-laws  to  be 
from  time  to  time  provided. 

§  6.  All  the  property  of  said  corporation,  both  real  ^ 
S!'''"''''^'and  personal,  and  all  lots  of  individual  members  so 
sold  to  them  as  aforesaid,  shall  be  exempt  from  execution, 
attachment  and  taxation;  and  owners  of  lots,  aforesaid, 
shall  be  individually  liable  for  the  debts  of  the  corporationi 
in  proportion  to  the  comparative  value  of  their  respective ( 
lots:  Provided,  ?ieverlhe/css,  that  no  debt  shall  be  con- - 
tracted  by  or  on  behalf  of  said  corporation  without  thd 
assent  of  two-thirds  of  the  owners  ot  said  lots  expressed, 
at  a  meeting  of  said  owners  of  lots,  to  be  called  by  the' 
board  of  directors  for  the  purpose  of  voting  thereon. 
§  7.  Said  board  of  directors  shall  cause  the  lands  so 
.omio..  ice.  ^pq^^jj.gjj  Ijy  ggj^j  corporation  as  aforesaid  to  be  laid  oil 
into  lots,  avenues,  streets,  alloys  and  walks,  as  by  the  by- 
laws of  said  corporation  may  be  prescribed,  and  cause  an 
accurate  plat  thereof  to  be  made,  which  shall  be  attested 
by  the  surveyor,  subscribed  by  the  president,  and  by  him 
acknowledged  before  any  officer  authorized  to  take  ac-: 
knowledgmcnt  of  deeds  ;  and  when  so  attested  and  sub- 
scribed, shall  be  recorded  in  the  recorder's  office  of  the 
county  of  Grundy;  and  such  recording  shall  give  to  the  said 


453  1863. 

survey  and  record   all  the  virtue,  force  and   effect  that  is 
given  by  law  to  the  recording  of  town  plats. 

§  8.      Said  corporation  may  make  and  establish  all  such  !iy-,aw5. 
by-laws   and  regulations  as   are  not  inconsistent  with  the 
laws    and     constitution    of  this   state    and    of   tiie    United 
States,  for  the  government  of  its  officers  and  the  manage- 
ment of  its  affairs. 

§  9.  That  if  any  person  shall  at  my  time  trespass  upon  Tr..*i-^sse.. 
the  said  lands  so  as  aforesaid  acquired  by  said  corporation, 
or  upon  any  lot  or  lots  so  as  aforesaid  sold  and  transferred 
to  any  individual,  such  trespasser  or  trespassers  shall,  upon 
conviction,  be  adjudged  to  pay  to  the  said  -jcorporation  or 
to  said  individual,  as  the  case  may  be,  three-fo  d  the 
amount  of  the  damage  done  by  such  trespasser  or  tres- 
passers; which  damage  shall  be  ascertained  by  the  verdict 
of  a  jury,  and  shall  moreover  be  liable  to  public  prosecu- 
tion according  to  the  nature  of  the  offence;  and  all  fines 
and  penalties  by  law  incurred  for  any  violation  of  the  law 
whatever,  or  in  relation  to  the  said  lands  and  lots,  shall, 
when  collected,  be  paid  into  the  treasury  of  said  cor- 
poration. 

§  10.  The  funds  of  said  corporation  arising  from  the  fuhJs. 
sale  of  lots  in  said  cemetery,  or  from  any  other  source,  shall 
be  applied,  after  all  debts  of  said  corporation  shall  have 
been  fully  paid,  to  enclosing,  ornamenting,  improving  rnd 
beautifying  said  cemetery  grounds,  in  such  manner  as  the 
board  of  directors  sliall  direct. 

§  11.  This  act  shall  be  taken  and  held  to  be  a  public 
act,  and  shall  be  favorably  construed  in  all  courts  and 
places  for  the  objects  herein  contemplated,  and  shall  take 
effect  and  be  in  force  from  and  after  its  passage. 

Approved  February  12,  1853. 


AN  ACT  to  incorporate  the  Howard  Cemetery.  iniorco  Fri^ 

1S53. 

Section  1.  Se  it  enacted  by  the  people  of  the  state  oj 
J/lin'ji'i,  represented  in  the  General  Assembly^  That  Ezra  conwraturs. 
S.  Cable,  F.  S.  Paine,  Simon  Gates,  John  R.  Henning, 
James  M.  Clark,  Peter  Fleming  and  Newman  Campbell, 
and  their  associates,  in  the  town  of  Howard  and  vicinity, 
in  the  "county  of  Winnebago,  and  their  successors,  be  and 
they  are  hereby  constituted  a  body  corporate  and  politic, 
by  tlie  name  and  style  of  "The  Hovv'ard  Cemetery  Associa- 
tion;" and  by  that  name  shall  have  perpetual  succession 


1853.  454 

and  shall  have  all  the  powers,  i'ighti=,  priviliges,  liabilities 
and  immunities  incident  to  a  corporate  body. 

u.  .i..t;i.  .  §   2.     Said  association   shall  have  power  to   hold  real 

estate,  not  exceeding  ten  acres,  which  shall  be  exempt 
from  taxation,  from  attachment  and  execution. 

«!o.(t.  §   .3.     The  object  of  said  association  shall  be  exclusively 

to  lay  out,  enclose,  ornament  and  keep  in  repair  a  plat  or 
piece  of  ground,  not  exceeding  ten  acres  as  aforesaid,  to 
be  used  as  a  burial  place  for  the  dead. 

Buiiai  ,1  c«s  §   ^'     ^^^^^    association  shall  have  power  to  lay  out  the 

burial  place  into  lots  of  suitable  size  for  family  burial  de- 
partments, and  sell  the  same  ;  the  purchaser  of  which  shall 
use  said  lot  as  herein  contemplated,  and  for  no  otlier  pur- 
pose whatever. 

§  5.  The  proceeds  of  such  sale,  and  other  funds  which 
may  come  into  the  possession  of  the  association,  shall  be 
appropriated  and  used  in  purchasing  and  laying  out  the 
grounds,  and  in  improving  and  ornamenting  the  same,  or 
in  other  objects  connected  with  the  incorporation. 

Officers.  §   6-     The  officers  of  this  association  shall  consist  of  a 

president,  a  secretary,  who  shall  also  act  as  treasurer,  and 
three  trustees,  who  shall  hold  their  office  for  two  years, 
and  until  their  successors  are  elected.  The  election  for 
officers  shall  be  held  on  the  first  Monday  of  May,  biennial- 
ly ;  but  any  failure  to  elect  officers  at  the  proper  time  shall 
not  operate  as  a  forfeiture  of  this  act  of  incorporation. 

jK,.,„.„,,,.  §  7.     Every   member  holding  one  or  more  lots  shall  be 

a  member,  and  entitled  to  one  vote  only.  Absent  mem- 
bers shall  be  entitled  to  vote  by  proxy, 

uigiitortroperty  §  8.  The  right  of  property  to  any  lot  or  lots  whicli  may 
be  sold  by  said  association  shall  be  vested  in  the  purchaser 
by  a  certificate  of  purchase,  signed  by  the  president  and 
countersigned  by  the  secretary,  and  shall  be  recorded  in  a 
book  kept  by  the  secretary  for  that  purpose  ;  and  every 
transfer  of  such  certificate  shall  be  made  by  surrend<'ring 
the  same  to  the  secretary,  who  shall  then  issue  a  new  cer- 
tificate and  cancel  the  former.  No  person  shall  hold  more 
than  two  lots. 

«5-'a"*-  ^   9.     The  said  corporation  shall   have  power  to  estab- 

lish and  change  by-laws,  and  prescribe  rules  and  regula- 
tions for  the  government  of  said  cemetery  and  its  officers, 
and  shall  have  power  to  raise  upon  an  assessment  upon  the 
owners  of  lots  such  sums  as  may  be  necessary  to  keep  the 
enclosing  fences  or  walls  in  repair. 

<:aii  meetii.t;.  §   10.     It  shall  be  the  duty  of  the  secretary,  on  order  of 

the  president  or  two  of  the  trustees,  or  any  five  of  the 
members,  to  call  a  meeting  of  the  members  for  the  choice 
of  officers,  if  not  elected  at  the  biennial  election,  or  to  fill  va- 
cancies, or  for  the  transaction  of  any  other  business  author- 
ized by  this  act,  by  giving  five  days'  public  notice  thereof. 


455  1853. 

§  11.  It  shall  be  the  duty  of  the  trustees  to  have  the 
general  management  and  superintendence  of  the  cemetery, 
appoint  a  sexton  and  fix  upon  his  compensation. 

Approved  Feb.  11,  1853. 


AN  ACT  to  incorporate  the  Carlinville  Cemetery  Association.  lu  toice  Feb.  n, 

1853. 

Section  1.  Be  it  enacted  bij  the  people  of  the  state  of 
Illinois!,  represented  in  the  General  Assembly,  That  Wil- 
liam M.  Maddox,  Henry  Fishback,  John  A.  Chesnut,  Enoch  c^n^oratore. 
Wall,  A.  McKim  Dubois,  Samuel  T.  Mayo  and  John  M. 
Palmer,  and  their  associates  and  successors,  be  and  they 
are  hereby  constituted  a  body  corporate  and  politic,  by  the 
name  and  style  of '^The  Carlinville  Cemetery  Association;" 
and  by  that  name  to  have  perpetual  succession,  and  shall 
have  and  possess  and  be  invested  with  all  the  powers, 
rights,  privileges  and  immunities  incident  to  a  corporate 
body. 

§   2.     Said   association  shall  have   power  to    own  and  Real  estne. 
possess    real    estate,  not  exceeding    fifteen    acres,   which 
shall  be  exempt  from  taxation  and  sale  on  execution. 

§   3.     Tile  object  of  said  association  shall  be  exclusively  object*.. 
and   solely  to  lay  out  and    enclose  and  ornament  a  plat  or 
piece  of  ground,  not  exceeding  fifteen  acres  as  aforesaid, 
to  be  used  as  a  burial  place  for  the  dead. 

§  4.  The  officers  of  this  association  shall  be  a  presi-omcers. 
dent,  a  trea<?urer,  (who  shall  act  as  secretary,)  three  di- 
rectors, and  such  other  officers  as  they  may  think  proper, 
to  be  chosen  as  may  be  ])rovided  by  by-laws.  The  said 
president,  treasurer  and  directors  to  be  chosen  annuall)', 
and  hold  their  offices  until  their  successors  are  chosen. 
Any  neglect  to  choose  officers  on  tiie  day  fixed  upon,  shall 
not  operate  as  a  forfeiture  of  this  act  of  incorporation. 

§  5.  Said  association  shall  iiave  power  to  sell  any  lot 
in  said  burial  ground  by  warranty  deed,  to  be  signed  bj-  their 
president;  and  the  proceeds  arising  from  the  sale  of  lots, 
after  deducting  all  the  expenses  of  purchasing  and  laying 
out,  shall  be  appropriated  and  used  in  improving  and  or- 
namenting the  burial  ground,  or  in  other  objects  connected 
with  this  incorporation. 

§   6.     Every  person  holding  one  or  more  lots  shall  be  vote*, 
entitled  to  one   vote    only.     Absent  members    shall  have 
power  to  vote  by  proxy. 

§   7.      Said   company  shall  hold   annual  meetings  for  the  Annual  lueKiiise 
transaction  of  its  business,  and  shall  have  power  to  estab- 
lish and  change  by-laws,  and   prescribe  rules  and    regula- 


1853. 


456 


tions  for  the  goverimr  at  and  direction  of  their  officers,  and 
the  management  o  '  tl  eir  property  and  affairs. 

§   8.     This  act  to  lake  effect  from  and  atier  its  passage. 

Approved  Feb.  11,  1853. 


ifuico  .Jiin.27,  AN  ACT  lo  incorporate  the  Sangamon  House  Company. 

Section   1.     Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the   General  Assembly,  Tliat  all 

cfiy  corrorate.  sm;}j  persons  as  shall  hereafter  become  subscribers  to  the 
stock  hereafter  described,  shall  be  and  they  are  hereby 
constituted  and  declared  a   body  corporate  and  politic,  by 

''''"•  the  name  and  style  of  "The  Sangamon  House  Company," 

from  and  after  the  passage  of  this  act;  and  by  that  name 
they    and  their  successors  shall  have  succession,  and  shall 

r.wor.,  -j^   YQ,^ff  be  Capable  of  suing  and  being  sued,  plead   and  be 

impleaded,  in  all  courts  and  places  whatsoever;  may  have 
a  common  seal,  and  alter  the  same  at  pleasure  ;  and  their 
successors  may  also,  by  that  name  and  style,  be  capable 
in  law  of  purcliasing,  holding  and  conveying  away  real  and 
personal  estate  for  the  benefit  of  said  company. 

tectiiotoi.  ^   2.     The  said  company  hereby  incorporated  shall  have 

power  to  erect  an  hotel  in  the  city  of  Springfield,  in  the 
county  of  Sangamon,  and  to  use  sucli  powers  and  privileges 
in  the  erection  and  management  of  said  hotel,  not  inconsis- 
tent with  the  laws  of  this  state,  as  may  be  conducive  to  the 
interests  of  said  company. 

iipitai  stork.  §  3.  The  capital  stock  of  said  company  sliall  consist  of 
twenty-five  thousand  dollars,  which  may  be  increased  lo 
fifty  thousand  dollars,  to  be  divided  into  shares  of  fifty  dol- 
lars each,  and  are  authorized  to  commence  their  operations 
whenever  five  thousand  dollars  of  the  stock  sliall  have  been 
subscribed. 

ouiiiiiasioners.  §  4.  For  the  purposc  of  carrying  into  effect  the  object 
of  this  corporation,  John  Williams,  William  Butler,  Joseph 
Klein,  William  Carpenter,  Virgil  liickox,  Jacob  Bunn, 
George  Pasfield,  Stephen  T.  Logan  and  Thomas  Coiidell 
are  hereby  appointed  commissioners  to  obtain  subscrip- 
tions to  the  capital  stock  of  said  comj)any  ;  and  said  com- 
missioners, after  giving  general  notice  thereof  in  some  news- 
paper printed  in  the  city  of  S])ringfield,  may  open  books  for 
the  subscription  of  said  stock  at  such  times  and  places 
as  they  may  direct,  and  keep  the  same  open  until  at  least 
one  thousand  shares  have  been  subscribed.  Every  sub- 
scrijer,  at  the  time  of  subscribing,  shall  pay  to  said  commis- 
sioners five  dollars  on  each  share  subscribed  ;  and  when 


457  1853. 

such  subscription  is  completed  as  aforesaid,  or  within  sixty 
days  thereafter,  said  commissioners  sliall  call  a  meeting  of 
the  stockholders  at  Springfield,  by  a  printed  notice  in  some 
newspaper  published  in  said  city. 

§  5.  At  said  meeting  the  stockholders  of  said  compa-  Directors. 
ny  shall  proceed  to  elect  five  directors,  who  shall  manage, 
direct  and  govern  the  affairs  of  said  company  one  year  from 
the  period  of  tliis  election,  and  until  their  successors  are 
elected  and  qualified;  and  that  at  said  election  each  stock- 
holder siiall  be  entitled  to  one  vote  for  each  share  he  may 
hold,  and  a  majority  of  all  the  votes  given  shall  be  required 
to  make  an  election.  The  period  of  election  of  directors 
as  aforesaid  shall  be  annually,  on  the  first  Monday  of  the 
month  in  which  the  first  election  shall  be  held. 

§  6.  "Within  ten  days  after  the  directors  are  chosen  as  President. 
aforesaid,  they  shall  hold  a  meeting,  at  which,  and  at  all 
subsequent  meetings  of  said  board,  a  majority  of  the  direc- 
tors shall  constitute  a  quorum  ;  that  they  shall  proceed  to 
the  election  of  a  president  from  their  own  body;  a  secreta- 
ry, who  shall  be  sworn  by  some  justice  of  the  peace  to  the 
faitiiful  discharge  of  his  dut}',  and  who  shall  record  all  votes 
of  the  corporation  in  a  book  kept  by  him  for  that  purpose  ; 
a  treasurer,  who  shall  give  bond  to  such  amount  and  in 
such  manner  as  the  president  and  directors  shall  direct; 
and  the  board  shall  appoint  all  other  officers  and|  agents 
as  to  them  shall  seem  necessary. 

§  7.  The  corporation  shall  have  power  to  call  for  such  Calls  on  sub- 
portion  of  the  stock  subscribed,  every  sixty  days,  as  they  ^""^  '*°^' 
may  think  proper,  to  be  paid  at  such  time  and  place  as  they 
may  designate,  by  giving  thirty  days'  notice  to  each  stock- 
holder in  writing,  or  publishing  the  same  in  some  newspa- 
per in  said  city,  in  which  shall  be  specified  the  amount  re- 
quired on  each  share,  and  the  time  and  place  of  payment; 
and  if  any  stockholder  shall  neglect  or  refuse  to  pay  such 
call  within  ten  days  after  the  time  named  for  such  payment, 
the  corporation  may  bring  suit  against  any  delinquent,  for 
the  amount  due  and  called  for,  in  any  court  of  competent 
jurisdiction,  and  recover  the  same,  with  two  per  cent,  in- 
terest per  month ;  and  if  the  amount  cannot  be  made  on 
execution,  or  if- said  delinquent  is  out  of  the  state,  then 
the  corporation  may,  by  an  order  of  their  books,  declare 
such  stock  forfeited  to  the  corporation,  with  whatever 
amount  may  have  been  paid  thereon,  and  such  delinquent 
shall  forfeit  all  his  rights  as  a  stockholder. 

&  8.  The  said  president  and  directors  shall  have  power  By-iaws. 
to  make  out  and  establish  all  such  by-laws,  rules  and  reg- 
ulations as  shall  be  necessary  and  not  inconsistent  with  the 
laws  of  this  state,  which  may  be  necessary  for  the  payment 
or  collection  of  the  subscription  to  its  stock  or  the  transfer 
of  the  same,  and  of  property  that  may,  in  any  other  way, 


1853. 


458 


concern  the  management  and  direction  of  the  affairs  of  said 
company. 

§  9.  This  act  shall  be  construed  favorably  in  all  courts, 
and  shall  be  in  force  until  a  majority  of  the  stockholders 
may  vote  for  a  dissolution. 

Approved  Jan.  27,  1853. 


In  force  Feb.  12,  AN  ACT  to  incorporate  the  Macon  House  C  mpany. 

1863.  ' 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois^  represented  in  the  General  Assembly,  That  D.  L. 

corporatoiB.  Allen,  Thomas  H.  Read,  William  Martin,  J.J.  Peddecord, 
H.  Prather,  Sheridan  Wait,  Joseph  King,  and  their  asso- 
ciates, heirs  and  assigns,  are  hereby  declared  and  consti- 
tuted a  body  politic  and  corporate,  by  the  name  and  style 

'''^''^'  of  "The  Macon  House  Company,"  and  by  that  name  and 

style,  they  and  their  successors,  shall  have  succession  for 
fifty  years,  and  shall  in    law  be  capable  of  suing  and  being 

Powers.  sued,  pleading  and  being  impleaded,  answer  and  being  an- 

swered unto,  within  all  courts  and  places  whatsoever;  may 
have  a  Ibramon  seal  and  may  change  and  alter  the  same 
at  pleasure  ;  and  they  and  their  successors  may  also,  by 
that  name  and  style,  be  capable  in  law  of  purchasing,  hold- 
ing and  conveying  any  real  and  personal  estate  for  the  use 
and  purposes  of  said  corporation,  which  real  estate  shall 
not  exceed  one  acre,  whereon  to  erect  the  hotel,  out  houses 
and  necessary  enclosures  for  carrying  on  the  business  of 
said  company. 

Krect  «na  fur-  §  2.  The  Said  compauy  hereby  incorporated  shall  liavc 
nish.  power  to  erect  and  furnish  in   complete  order,  a  house  in 

the  town  of  Decatur,  in  the  cout.ty  of  Macon  and  state  of 
Illinois,  and  are  hereby  authorized  to  carry  on  business  of 
hotel  keeping,  and  to  use  all  powers  and  privileges  necessa- 
ry for  carrying  on  said  business. 

Capital  stock.  ^   3.     Tile  Capital  stock  of  Said  Company  shall  be  twenty 

thousand  dollars,  and  shall  be  divided  into  four  hundred 
shares  of  fifty  dollars  each;  and  the  said  corporators  herein 
named,  or  a  majority  of  them,  are  hereby  authorized  to 
appoint  three  commissioners,  to  receive  subscription  for 
said  stock,  and  such  subscription  shall  be  opened  at  such 
times  and  places  as  the  commissioners  or  a  majority  of  them 
shall  appoint,  by  notice  published  in  any  newspaper  ])rinted 
in  the  said  town  of  Decatur,  at  least  twenty  days'  notice 
before  the  time  appointed.  If  the  requisite  number  of  shares 
shall  not  be  subscribed  for  at  the  time  and  j.dace  appointed 
for  such  subscription,  said    commissioners  or  a  majority  of 


459  1863. 

them  shall  take  such  measures  for  completing  such  sub- 
scription as  they  may  deem  expedient  and  proper.  Every 
subscriber  shall,  at  the  time  of  subscribing,  pay  the  said 
commissioners  the  sum  of  one  dollar  for  such  share  sub- 
scribed, and  the  remainder  at  such  time  and  in  such  sums 
as  he  shall  be  required  by  said  company. 

§  4.  As  soon  as  forty  of  the  shares  shall  be  subscribed,  Publication, 
the  said  commissioners  shall  give  notice  in  the  manner 
aforesaid,  and  a])point  the  time  and  place  in  such  notice 
for  the  subscribers  to  meet  for  the  purpose  of  chosing  a 
treasurer,  clerk  and  five  directors.  Every  stockholder  shall  officers. 
be  entitled,  at  such  and  all  other  elections,  to  one  vote  for 
each  share  to  the  number  of  ten,  and  one  vote  for  every 
five  additional  shares;  which  votes  may  be  given  in  person 
or  by  proxy,  at  the  election  to  be  held  as  aforesaid. 
The  said  commissioners,  or  such  of  them  as  may  attend, 
shall  be  inspectors  of  such  election,  and  their  certificate 
of  the  names  of  the  persons  elected  shall  be  conclusive 
evidence  of  their  election.  The  first  Monday  in  the  month 
in  which  such  election  shall  be  lield,  shall  be  the  annual 
day  of  all  subsequent  elections  of  such  officers.  A  majority 
of  the  directors  so  chosen,  siiall  be  a  quorum,  and  shall  be 
capable  of  transacting  the  business  of  the  corporation.  Any 
act  of  the  majority  shall  be  binding  on  the  corporation. 

§  5.  The  said  directors,  when  elected  as  aforesaid,  President, 
shall  immediately  proceed  to  elect  one  of  their  number  as 
president;  and  the  said  president  and  directors  may  meet 
from  time  to  time,  and  shall  have  power  to  make  and 
establisli  all  such  by-laws,  rules  and  regulations  as  shall  be 
necessary  and  not  inconsistent  with  the  constitution  and 
laws  now  existing  in  this  state  or  the  United  States  and 
with  the  provisions  of  this  act,  for  the  transfer  or  pay- 
ment of  the  stock  or  property  of  said  company,  and  for 
the  management  and  direction  of  the  affairs  of  said  com- 
pany. 

§   6.     This  act  shall   take   effect  and  be   in  force    after 
its  passage. 

Approved  February  12,  1853. 


AN  ACT  to  incorporate  the  Sullivan  Academy,  in  Moultrie  County.        In  force  Ftt.  12, 
'■  -^  •  1853. 

Section  1.     Be  it  enacted  hy  the  people  of  the  state  of 
Illinois^  7'eprescnted  in  the  General  tjlssemhly,  That  James  corporators. 
Elder,  Reuben  B.  Ewing,  Jolin  A.  Freeland,  William  Kel- 
lar,  Ambrose  Meeker,  John  Ferryman  and  J.  W.  Ross,  and 
their  successors,  be  and  they  are   hereby  created  a  body 


1853.  460 

politic  and   corporate,  by   the    name    and    style    of  "The 
Trustees    of  Sullivan  Academy,"  and  by  that   name  and 
style,   shall    have   perpetual    succession,   and    shall    have 
lb.  power  to  contract;  to  sue  and  be  sued;  to  plead  and  be  im- 

pleaded; to  grant  and  receive  by  their  corporate  name, 
to  accept  of  donations,  acquire  -by  purchase,  or  to  sell 
property,  real,  personal  or  mixed,  in  all  lawful  ways  and 
means;  to  use,  manage,  employ  and  dispose  of  all  such 
property  or  money  belonging  to  said  corporation,  as  to 
them  may  seem  proper  for  the  promotion  of  the  object  and 
in  interests  of  said  incorporation;  to  have  a  common  seal,- 
to  alter  and  change  the  same  at  pleasure  ;  to  make  and 
establish  all  such  by-laws  and  regulations  for  the  manage- 
ment of  said  institution  as  may  be  necessary  and  proper, 
and  not  inconsistent  with  the  constitution  and  laws  of  this 
state,  or  of  the  United  States.  Said  academy  is  to  be 
located  in  the  town  of  Sullivan,  Moultrie  county,  Illinois; 
the  object  of  which,  will  be  the  promotion  of  the  general 
interests  of  education.  The  number  of  trustees  shall  not 
exceed  twelve,  and  they  shall  have  power  to  elect  the 
necessary  officers  out  of  their  own  body.  The  trustees 
shall  be  considered  as  holding  their  office  and  continue  in 
office  until  their  successors  be  elected  and  qualified. 

§  2.  The  trustees  shall  have  authority  from  time  to 
time  to  prescribe  and  regulate  the  course  of  studies  to  be 
pursued  by  the  students  attending  the  academy;  to  fix  the 
rate  of  tuition  and  otlier  academical  expenses;  to  appoint 
a  principal,  and  such  teachers  as  may  be  deemed  necessary; 
to  define  their  duties;  to  fix  tlieir  compensation;  to  displace 
and  remove  them  from  office;  to  erect  the  necessary  build- 
ings; to  purchase  books,  chemical,  philosophical  and  other 
necessary  apparatus  necessary  in  said  academy;  to  make 
rules  for  the  general  regulation  of  the  conduct  of  the  stu- 
dents; to  suspend  or  expel  any  student  whose  habits  are 
idle  or  vicious,  or  whose  moral  character  is  bad,  or  who 
refuses  to  obey  the  rules  of  the  academy.  The  trustees, 
or  a  majority  of  them,  as  soon  as  they  may  think  proper, 
shall  fix  upon  a  permanent  location  lor  said  academy,  and 
proceed  to  erect  a  building  or  buildings  tiiereon  as  soon  as 
convenient,  and  the  interest  of  said  institution  require  : 
Provided^  however,  that  they  shall  have  the  right  to  rent 
the  necessary  rooms  until  the  said  buildings  or  building 
can  be  completed.  Females  as  well  as  males  may  be 
taught  in  said  academy,  and  a  department  expressly  for 
the  education  of  females,  may  be  attached  thereto,  when- 
ever the  trustees  in  their  discretion  may  so  order.  The 
benefits  and  })rivileges  of  said  institution  shall  be  open 
alike  to  all  religious  denominations. 

§  3.  Tiiere  shall  be  attached  to  said  academy  a  de- 
partment in  which   shall  be   taught  such  branches  as  arc 


\ 


461  1823. 

usually  taught  in  common  scliools;  and  the  trustees  of  said 
academy  shall  receive  from  the  school  commissioners  of 
the  county  such  amount  and  proportion  of  the  common 
school  fund  as  is  received  by  other  common  schools  :  school  fund. 
Provided,  the  said  trustees  comply  with  the  laws  regu- 
lating common  schools. 

§   4.     This  act  to  be  in  force  from  its  passage. 

Approved  February  12,  1853. 


AN  ACT  for  the   relief    of  John    W.    Brooks,   of  Coles    county,   and  to  l"  force  .in 
maintaui  the  authority  of  ihe  executive  of  the  state  of  Illinois.  '^^• 

Whereas  his  excellency,  Augustus  C.  French,  late  gov- i^eamwe. 
ernor  of  the  state  of  Illinois,  for  good  and  sufficient 
reasons,  and  in  the  exercise  of  an  authority  wisely 
vested  in  tiie  executive  of  the  state,  did  by  virtue  of 
his  office  as  said  governor,  under  the  seal  of  the  state, 
remit  a  certain  judgment  on  recognizance  rendered 
against  John  W.  Brooks,  a  citizen  of  Coles  county,  Illi- 
nois, rendered  against  him,  the  said  John  W.  Brooks, 
by  the  circuit  court  of  Coles  county  at  tiie  June  term 
of  said  court,  A.  D.  1851  ;  and  whereas  the  county 
court  of  said  Coles  county,  in  opposition  to  the  release 
of  said  judgment  by  the  governor,  aforesaid,  do  still 
seek  to  enforce  said  judgment  by  execution  and  sale  of 
the  goods  and  chattels  and  real  estate  of  the  said  John 
W.  Brooks  ;  now,  therefore — 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Assembly,  That  the  Judginent 
said  judgment  so  rendered  as  aforesaid,  and  the  execution 
issued  thereon  be  held  for  naught,  and  the  same  for  which 
said  judgment  was  so  rendered,  is  hereby  remitted,  and  the 
said  John  W.  Brooks  is  hereby  fully  released  from  the 
payment  of  any  portion  of  said  judgment,  and  the  officer 
in  whose  hands  the  execution  so  issued  as  aforesaid  may 
be  found  is  hereby  authorized,  empowered  and  required 
to  return  the  same  to  the  court  issuing  the  same,  with  a 
special  return  of  satisfaction  thereon,  to  be  by  him  entered 
in  conformity  to  the  provisions  of  this  act. 

This  act  to  take  effect  on  the  day  of  its  passage  by  the 
General  Assembly  of  Illinois. 
Approved  January  26,  1853. 


1863.  462 

In  force  Jan.  26,  AN  ACT  to  perfect  the   line  between  Rock  Island  and  Whiteside  counties. 
1853. 

Preamble.  Wlicreas  ail  act  approved  February  9,  1831,  entitled  "An 
act  to  establish  Rock  Island  county,"*  shall  run  along  the 
middle  of  the  "Marias  d'Ogee,  slough  or  creek,"  from 
the  confluence  thereof  with  Rock  river  to  the  Mississippi 
river;  and  whereas  so  much  of  said  boundary  as  so  leads 
from  Rock  river  to  the  Mississippi  river  is  the  dividing 
line  between  the  counties  ot  Rock  Island  and  Whiteside  ; 
and  whereas  there  is  much  diversity  of  opinion  in  regard 
to  said  line,  tiierefore — 

Section   1.     Be  it  enacted  hy  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Assembly,  That  Josepii 
Commissioners.  Crawford,  of  Lee  county,  Ben.  Graham,  of  Henry  county, 
and  Thomas  McKee,  of  Knox  county,  be  appointed  com- 
missioners  to  survey,  mark   and    establish  the   boundary 
line  between  the  counties  of  Whiteside  and  Rock  Island. 
Locate  bounaary      §   2.     The  Said  commissioners  or  any  two  of  them  shall 
""''•  meet  at  some  time  and  place  to  be  agreed  upon  by  them- 

selves, within  twelve  months  from  the  passage  of  this  act, 
'  and  after  having  been  sworn  to  the  faithful  performance  of 
the  duties  required  by  this  act,  shall  proceed  to  survey  and 
locate  the  boundary  line,  leading  as  near  as  practicable  by 
legal  subdivisions  along  the  middle  of  the  Marias  d'Ogee 
slough  from  its  confluence  with  Rock  river  to  the  Missis- 
sippi river,  between  said  counties;  and  shall  make  report 
of  their  proceedings  under  their  hands  and  seals,  and  re- 
turn a  plat  of  tiieir  survey,  with  said  line  distinctly  marked 
thereon,  to  each  of  tlie  county  courts  of  said  counties  of 
Rock  Island  and  Whiteside;  which  plats  and  reports  shall 
be  recorded  in  the  records  of  said  courts,  and  shall  also  be 
recorded  by  the  respective  recorders  of  said  counties. 
Compensation.  §  3.  Tite  Said  commissioncrs  shall  be  paid  ten  cents 
per  mile  from  their  respective  places  of  residence  to  said 
point  on  Rock  river,  going  and  returning,  and  three  dol- 
lars per  day  while  actually  engaged  in  their  said  duties  ;  to 
be  paid  upon  their  certificate,  one-half  by  each  of  said 
counties. 

§  4.  The  said  commissioners  are  also  authorized  to 
employ  suitable  assistants,  and  a  surveyor,  who  shall  be 
paid  a  reasonable  compensation  for  their  rervices,  upon 
the  certificate  of  said  commissioners,  one-half  by  each  ot 
said  counties. 

§  5.     This  act  to  be  in  force  from  and  after  its  passage. 
Approved  January  26,  1853. 

•There  is  an  omission  here  in  the  enrolled  law. 


463  1853. 

AN  ACT  *lo  change  the  name  of  Joseph  Theodoric  Gately.  in  force  Jan. 

1S53. 

Section  1.  Be  it  enacted  by  the  peojjlc  of  the  state  of 
Illinois,  represented  in  the  General  Assembly,  That  the 
name  of  Joseph  Theodoric  Gately,  of  the  county  of  Mad.'^''^*"'''cn«m,. 
ison,  in  this  state,  be,  and  the  same  is  hereby  changed  to 
Joseph  Theodoric  Totten,  and  by  that  name  he  shall  be 
hereafter  known  and  called. 

This  act  to  take  effect  from  and  after  its  passage. 

Approved  January  26,  1853. 


AN  ACT  for  the  relief  of  certain  persons  therein  named.  Inforce  Jan.M, 

^  1853. 

Whereas  the  voters  of  Tazewell  county,  state  of  Illinois,  Preamble. 
at  tiie  general  election   of  one    thousand  eight  hundred 
and  fifty-two,  elected  Joseph  B.  Worley  coroner  of  Taze- 
well   county  ;  and  whereas,  owing  to  sickness,  the  said 
Worley  has  failed  to  enter  into  bond  as  such  coroner  at 
the  time  limited  by  law  in  that  behalf;  therefore — 
Section   1.     Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Assembly,  That  if  the  <^i^«^o'^^'- 
said  Joseph  B.  Worley  shall,  on  or  before  the  first  day  of 
April,  A.  D.  one  thousand  eight  hundred  and   fifty-three, 
enter  into  and  give  such  bond,  with  sufficient  security,  for 
the   performance    of  the    duties    of  coroner  of    Tazewell 
county,  to  be  approved  as  prescribed  by  law,  then  the  said 
Joseph  B.  Worley  shall  be  entitled  to  the  office  of  coroner 
of  Tazewell  county,  and  entitled  to  all  the  fees  and  emol- 
uments thereof  in  as  full  manner  as  if  he,  the  said  Worley, 
had  given  bond  in  the  time  and  manner  prescribed  by  law. 
§   2.     This  act  to  take  effect   and  be  in  force  from  and 
after  its  passage. 

Approved  January  26,  1853. 


AN  ACT  entitled  "An   act  authorizing  the   county   court  of  Alexander  in  force  Jan.  26, 
county  to  erect  or  otherwise  provide  a  jail  at  Cairo."  1863. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  *he  General  Assembly,  That  the  Bniidcuntyinii. 
county  court  of  Alexander  county  are  hereby  authorized 
to  cause  to  be  erected,  or  otherwise  to  provide  and  estab- 
lish an  additional  county  jail  for  the  confinement  of  pri- 
soners, and  for  all  other  jail  purposes   at   Cairo,  on  frac- 


1853.  464 

tional  section  number  twenty-five  (25,)  or  fractional  sec- 
tion thirty-six  (36,)  in  townsliip  number  seventeen  (17) 
south,  range  one  (1)  west  of  the  third  principal  meridian, 
in  said  county  :  Provided^  that  the  erection  of  said  jail  or 
other  provision  therefor,  under  this  act,  shall  not  be  at  the 
expense  of  said  county. 

Approved  January  26,  1853. 


In  force  Jan.  26,  AN  ACT  in  relation  to  the  support  of  the  poor  in  Lake  county. 

1863. 

Section   1.     Be  it  enacted  by  the  people  of  the  state  of 
Illinois^  represented  in  the  General  Assembly,  That  at  the 

Vole.  annual  town  meetings  to  be  held  in  the    several   towns  in 

Lake  county,  on  the  first  Tuesday  in  April  next,  it  shall 
be  lawful  for  the  legal  voters  of  said  towns  to  vote  upon 
and  determine  the  question  whether  the  paupers  of  said 
county  shall  be  supported  out  of  the  county  treasury  or 
by  the  towns  in  wiiich  said  paupers  are  settled. 

Duty  of  cu Ik.  §  2.  In  giving  notice  of  the  annual  town  meetings  of 
the  several  towns  in  said  county,  it  shall  be  the  duty  of  the 
town  clerks  to  state  in  said  notice  that  said  question  will 
be  submitted  to  a  vote  at  such  meeting;  and  at  said  town 
meeting  said  question  shall  be  voted  upon  by  ballot,  either 
written  or  printed,  or  partly  written  and  partly  printed, 
'■'•For  County  Support,''^  or  ^'■For  Township  Support;''^ 
which  said  votes  shall  be  canvassed  by  the  presiding  offi- 
cers of  said  meetings,  and  entered  upon  the  minutes  by 
the  town  clerks  in  the  same  manner  as  other  ballots  cast 
at  said  town  meeting.  And  it  shall  be  the  duty  of  the 
several  town  clerks  of  said  towns  within  twenty  days 
after  tiie  day  of  said  town  meeting  to  make  out  and  transmit 
to  the  clerk  of  the  county  court  of  said  county  a  state- 
ment certified  by  himself  and  the  presiding  officer  of  said 
meeting  showing  the  whole  number  of  votes  given  at  said 
town  meeting  '■'■For  County  Support,''^  and  the  whole  num- 
ber given  '■'■For  Toicnship  Sujrport.''^ 

§  3.     It  shall  be   the  duty   of  the    clerk  of  the  county 

rnnvassot  vote,  court  of  said  couuty,  within  three  days  after  the  expiration 
of  said  twenty  days,  to  canvass  the  votes  so  certified  to 
him,  and  certify  the  result  of  said  canvass  to  the  board  of 
supervisors  of  said  county  at  their  next  meeting  after  said 
canvass;  and  if  it  shall  appear  that  the  aggregate  number 
of  votes  cast  at  said  town  meetings  in  said  county  "For 

County.  County  Support^''  exceed  the  number  so  cast  "■For  Town- 

ship Sttpport,'^  it  shall  be  the  duty  of  said  board  of  su- 
pervisors to  make  immediate  provisions  for  the  support  of 


465  1863. 

the  paupers  of  said  county  at  the  expense  of  the  county, 
any  thing  in  an  act^ntitied  "An  act  to  provide  for  the  sup- 
port of  paupers  in  Lake  county,"  approved  February  17, 
1851,  to  the  contrary  notwithstanding. 

§  4.  T.'iis  act  siiall  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  January  26,  1853. 


AN  ACT  to  amend  an  act  entitled  "An  act   to   amend  the  charter  of  the  '"  f'^^e  •*»"•  ^n 


Aurora  Branch  Railroad  Company." 


1853. 


Be  it  enacted  by  the  people  of  the  state  oj  Illinois,  repre- 
sented in  the  General  ^issemhly.  That  the  first  section  of 
the  act  entitled  "An  act  to  amend  the  charter  of  the  Aurora -^"'endioo-t 
Branch  Railroad  Company,"  approved  June  22,  1852,  be 
and  the  same  is  hereby  so  amended  as  to  authorize  the  Chi- 
cago and  Aurora  Railroad  Company  to  construct  their  road 
across  Fox  River,  at  a  point  not  further  south  than  within 
one-half  of  a  mile  of  the  mill-dam  mentioned  in  the  act  to 
which  this  is  an  amendment ;  and  said  company  shall  fur- 
nish ample  facilities  for  doing  business  upon  the  west  side 
of  the  river,  at  Aurora,  by  constructing  side-tracks,  freight, 
car  and  passenger  buildings  of  sufficient  capacity  to  ac- 
commodate whatever  amount  of  business  may  be  offered. 

This  act  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 

Approved  January  26,  1853. 


AN  ACT  to  amend  an  act  entitled  -'An  act  to  exempt  Walnut  Hill  Cemete-  i,,  force  .Jan.  -ita. 
ry  from  taxation."  is.'is. 

Section   1.     Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the  Geiieral Assembly,  That  section 
second  of  an  act  entitled  "An  act  to  exempt  Walnut  Hill  Exempt     ,rou, 
Cemetery  from  taxation  and  execution,"  be  and  the  same  is  Son': "'"' 
hereby  so  amended  as  to  exempt  from  taxation  and  execu- 
tion Thomas  Harrison's  cemetery,  in  St.  Clair  county. 

§  2.     This  act  to  be  in  force  from  and  after  its  passage. 

Approved  January  26,  1853. 
[  E2] 


1853. 


466 


AN  ACT  to  incorporate  the  Ohio  River  and  Wabash  Railroad  Company. 

Section   1.     Be  it  enacted  by  the  people  oj  the  state  of 
Illinois,  represented  in  the  General  Assembly,  That  James 
Campbell,  D.  Watts,  William   Smidley,  A.  Rankin,  L.  M. 
Flournoy,  T.W.  Glenn,  D.  A.  Given,  Henry  Earders,  Wil- 
liam F.  Norton,  James  Langstorffe,  John  W.  Jones,  S.  F. 
Singleton,  Alfred  Boyd,  Lawrence  S.  Trimble,  James  B. 
Husband,  Victor  V.  JBell,  Edwin  B.  Webb,  Wesley   Sloan 
and   William  Sim,  with  such  others  as  may  associate  with 
them  for  that  purpose,  are  hereby  created  and  constituted 
a  body  corporate  and  politic,  by  the  name  and  style  of  ''The 
Ohio  River  and  Wabash  Railroad  Company;"  and  by  that 
name  to  sue  and  be  sued,  plead  and  be  impleaded,  in  any 
court  of  tliis  state  ;  to  make  and  have  a  common  seal,  and  the 
same  to  break,  alter  and  renew  at  pleasure  ;  and  this  com- 
pany is  hereby  vested  with  all  powers,  privileges  and  immu- 
nities which  are  or  may  be  necessary  to  carry  into  effect  the 
purposes  and  objects  of  this  act  hereinafter  set  forth ;  and  j 
said  company  is  hereby  authorized  and  empowered  to  locate,  | 
construct   and  finally   complete  a  single,  double  or  treble  j 
railroad  or  road,  from  the  town  of  Brooklyn,  on  the  Illinois 
side  of  the  Ohio  river,  in  Massac  county,  and  through  the 
state  of  Illinois,  to  a  junction  with  the  Ohio  and  Mississippi 
Railroad,  at  or  near  the  town  of  Vincennes,  in  Indiana,  on 
such  route  as  shall  be  deemed  to  be  best,  and  most  expedient 
and  direct,  and  transport  and  take  and  carry  property  and 
persons  upon  said  railroad  or  way,  by  the  power  of  steam,  of 
animals,  or  of  any  other  mechanical  or  other  power,  or  any 
combination  of  them  which  said  company  may  choose  to  ap- 
ply; and  for  the  purpose  of  constructing  said  railroad  or  way, 
the  said  company  is  hereby  authorized  to  lay  out  the  road  not 
exceeding  one  hundred  feet  wide  through  the  whole  length; 
and  for  the  purpose  of  depots,  cuttings  and  embankments, 
and  for  the  purpose  of  necessary  turnouts,  and  for  obtain- 
ing stone,  gravel  and  dirt,  may  take  as  much  more  land  as 
may  be  necessary  for  the  construction  and  security  of  said 
road,  with  permision  to  make  any  lawful  contract  with  any 
other   railroad   corporation  in  relation  to  the  business    of 
said  company,  and  also  to  make  joint  stock  with  any  other 
railroad  corporation  :  Provided,  that  all  damages  that  may 
be   occasioned  by  any  person  or  corporation  by  taking  of 
any  such  land  or  materials  as  aforesaid,  for  the  purpose 
aforesaid,  shall  be  paid  for   by  said  company  in  manner 
hereinafter  provided. 

§  2.  That  the  capital  stock  of  said  company  shall  not 
exceed  four  millions  of  dollars,  and  be  divided  into 
shares  of  one  hundred  dollars  each,  which  shares  shall  be 
deemed  personal  property,  and  may  be  transferred  in  such 
manner  and  at  such  places  as  the  by-laws  of  said  company 


467  1853. 

shall  direct :  P?'ovided,  that  said  company  m^iy  commence 
the  construction  of  said  road,  with  all  the  powers  and  priv- 
ileges contained  in  this  act,  whenever  the  sum  subscribed 
to  the  capital  stock  shall  exceed  five  hundred  thousand 
dollars. 

§  3.  That  the  persons  named  in  the  first  section  of  this  open  UH>k«. 
act,  or  a  majority  of  them,  shall  open  books  to  receive  sub- 
scriptions to  the  capital  stock  of  said  company,  at  such 
times  and  places  as  they,  or  a  majority  of  them,  may  ap- 
point, and  shall  give  sucii  notice  of  the  time  and  place  of 
opening  said  books  as  they  maj  deem  reasonable,  and  shall 
receive  said  subscription  under  such  regulations  as  they 
may  adopt  for  the  purpose,  and  if  more  than  four  millions 
of  dollars  shall  be  subscribed  they  shall  have  power  to 
make  other  shares,  as  subscribed,  the  capital  stock  :  P?'o- 
vided,  tliey  slial.l  not  exceed  forty  thousand  shares ;  and  in 
case  tlie  subscription  should  exceed  forty  thousand  shares, 
the  same  may  be  reduced  and  apportioned  in  such  manner 
as  may  be  deemed  mostbeneficial  to  the  corporation  :  Provi- 
ded, when  the  books  shallbe  opened  for  subscription  of  stock, 
the  said  commissioners  shall  require  not  less  than  five  dollars 
tobe  paid  upon  each  share  at  the  time  ofsubscribing  the  same. 

§  4.  That  the  immediate  government  and  direction  of  Management  oi 
the  affairs  of  the  company  shall  be  vested  in  a  board  of  di- 
rectors, to  consist  of  twelve  persons,  who  shall  be  share- 
holders, who  shall  be  chosen  by  the  stockholders  of  said 
company,  in  the  manner  hereinafter  provided,  and  shall 
hold  their  offices  until  others  are  duly  elected  and  qualified 
to  take  their  places  as  directors;  and  six  of  said  directors 
and  the  president  siiall  be  a  quorum  for  the  transaction  of 
business;  shall  elect  one  of  their  number  to  be  president  of 
the  company.  They  shall  also  choose  a  secretary  and  such 
other  officers  as  they  may  deem  necessary,  and  a  treasurer, 
who  shall  give  bond  with  security  to  said  company  in  such 
gum  as  the  president  and  directors  may  require  for  the 
faithful  performance  of  his  trust  and  duties,  as  may  be  pre- 
scribed by  this  act  and  the  by-laws  of  said  corporation. 
In  the  absence  of  the  president,  seven  of  the  directors,  one 
of  whom  shall  be  appointed  vice  president,  shall  be  a  quo- 
rum to  transact  business. 

§  5.  That  the  persons  authorized  by  this  act  to  open  cau  mcecmg. 
books  for  subscription  to  the  capital  stock,  are  hereby  au- 
thorized, after  the  books  for  subscription  to  the  capital 
stock  of  said  company  are  closed,  or  when  the  sum  sub- 
scribed shall  exceed  five  thousand  shares,  to  call  the  first 
meeting  of  the  stockholders  of  said  company  in  such  way  and 
at  such  time,  in  the  town  of  Paducah,  Kentucky,  as  they  may 
appoint,  for  the  choice  of  directors  of  said  company  ;  and  in 
all  meetings  of  the  stockholders  of  said  company  each  share 
shall  entitle  the  holder  thereof  to  one  vote;  which  vote  may 


1853.  468 

be  given  in  person  or  by  prox}-;  and  the  annual  meeting  of 
the  stockholders  of  said  coin|:any  for  the  choice  of  direc- 
tors, sliall  be  holdfii  in  the  town  of  Padncah,  on  the  first 
Monday  in  the  month  of  May  in  each  year. 

§  6.  Tiiat  in  the  event  an  election  of  directors  shall  not 
be  made  on  the  day  appointed,  said  company  for  that 
cause  shall  not  be  deemed  to  be  dissolved,  and  tlie  direc- 
tors shail  have  power  to  fill  any  vacancy  whicii  may  occur 
by  death,  resignation  or  otherwise. 

§   7.     That   the   president  and    directors  may  have  full 

"^  ^''"  power  to  make  and  j)rescribe  such  by-laws,  rules  and  reg- 
ulations as  they  shall  deem  needful  and  proper  touching 
the  dis{)osition  and  management  of  the  stock,  property, 
estate  and  effects  of  said  company,  not  contrary  to  this 
charter,  or  the  laws  of  this  state,  or  of  the  United  States; 
the  transfer  of  shares,  the  duties  and  conduct  of  their  offi- 
cers and  servants;  touching  the  election  of,  and  meeting  of 
directors,  and  all  matters  which  may  apj)ertain  to  the  con- 
cerns of  said  comj)any.  Said  company  is  also  liereby  au- 
thorized to  purchase,  secure  and  hold  such  estate  as  may 
be  necessary  and  convenient  in  accomplishing  the  object 
for  which  this  incorporation  is  granted;  and  may,  by  their 
agents,  surveyors,  engineers  and  servants,  enter  upon  all 
lands  and  tenements  through  which  they  may  deem  it  ne- 
cessary to  make  said  road,  and  to  survey,  layout,  and  con- 
struct the  same;  and  to  agree  and   contract  for    the  land 

.r.i  w,  .  or  right  of  way  w'ith  the  owners,  through  whicli  they  may 
intend  to  make  saiil  road.  In  case  said  lands  belong  to  the 
estate  of  any  deceased  person,  then  with  the  executor  or 
administrator  of  such;  or  in  case  of  the  same  belonging  to  a 

nt>.  uc.  minor,  or  person  no7i  compos  mentis,  then  with  his  or  her 
guardian  or  guardians;  or  in  case  such  lands  be  held  by 
trustees  of  school  sections,  or  other  trustees  of  estates, 
then  with  such  trustees;  and  the  said  executors,  adminis- 
trators, guardians  and  trustees  are  hereby  declared  compe- 
tojit,  for  such  estate  or  minor,  to  contract  with  said  com- 
pany for  the  right  to  use,  occupy  and  possess  the  lands  of 
such  estates,  minors  or  trustees,  so  far  as  may  be  useful  or 
necessary  to  the  purpose  of  said  railroad  ;  and  the  act  and 
deed  of  such  executors,  administrators,  guardians  and  trus- 
tees in  relation  thereto  shall  pass  the  title  in  said  land  in 
the  same  manner  as  if  said  deed  or  act  was  made  or  done 
by  a  legal  owner  of  full  age;  and  such  executor,  administra- 
tor, guardian  or  trustee  shall  account  to  those  interested 
upon  their  respective  bonds  for  the  amount  paid  him  in 
])ursuance  of  such  agreement  and  compensation;  and  if  the 
said  company  and  jiarlies  representing  lands  prefer,  they 
may  refer  the  question  of  compensation  to  arl)itrators,  mu- 
tually chosen,  whose  award,  or  that  of  their  umj)ire  in  case 
of  disagreement,  shall  vest  title,  according  to  its  terms. 


469  1853. 

§  8.  That  if  the  said  company  cannot  agree  with  the 
owner  of  the  land  tlirough  which  they  may  desire  the  road 
to  pass,  or  with  the  executor,  admhiistrator,  guardian  or 
trustee,  it  shall  and  may  be  lawful  for  them  to  proceed  in 
the  manner  now  provided  for  by  the  several  laws  of  this 
state  for  the  condemnation  of  lands  by  incorporated  com- 
panies. 

^  9.  That  it  shall  bo  the  duly  of  the  siierifF  to  ajjpoint  si.criiv  uo!- 
and  hold  said  inquest  within  ten  days  after  the  receipt  of  ''""  * 
said  writ  o{  ad  quod  dammun^  except  in  cases  of  absence 
aforesaid,  in  which  case  thirty  ilays  sliall  be  allowed  him, 
and  five  days  in  addition  are  allowed  him  for  every  addi- 
tional jury  which  he  may  have  under  said  writ;  and  for 
every  default  therein,  the  said  sheriff  shall  be  fined  by  the 
circuit  court,  at  the  instance  of  either  party,  not  less  than 
twenty  nor  more  than  one  hundred  dollars;  and  every  juror 
and  witness  summoned  shall  be  fined  not  less  than  ten  dol- 
lars for  non-attendance;  of  all  such  fines  as  well  as  costs, 
the  circuit  court  of  the  county  shall  have  jurisdiction. 
There  shall  be  allowed  the  following  fees  to  the  clerk  of 
the  circuit  court:  for  every  writ  of  ad  quod  damnum^ 
seventy-five  cents;  for  securing  and  filing  inquest,  seventy- 
five  cents;  to  the  sheriff,  for  giving  notice,  seventy-five 
cents,  besides  pririter's  fees,  not  exceeding  two  dollars  in 
each  case;  for  holding  inquest,  five  dollars;  and  for  sum- 
moning witnesses,  twenty-five  cents,  each;  to  jurors,  sev- 
enty-five cents  per  diem  each;  which  fees  are  not  allowed 
until  a  verdict  be  returned  and  filed,  and  shall  be  taxed  in 
the  bill  of  costs,  and  paid  by  the  company:  Provided,  hoio- 
ever,  before  the  ajjplication  for  such  writ,  the  said  compa- 
ny may  make  a  tender  to  the  owner  or  owners  of  any  such 
land  a  sum  of  money  by  them  deemed  equivalent  to  the 
damage  to  be  sustained;  and  upon  refusal  to  accept  the 
sum  tendered  and  a  verdict  for  tiie  same  amount  or  a  less 
sura,  the  costs  shall  be  taxed  to  and  paid  by  the  owners  of 
the  land  upon  which  inquest  is  held. 

§  10.  That  the  said  company  is  hereby  authorized  to 
construct  and  build  and  use  a  single,  double  or  treble  rail- 
road or  way,  of  suitable  width  and  dimensions,  to  be  de- 
termined by  the  directors  of  said  company,  on  the  line  or 
course  by  them  designated;  and  shall  have  power  to  regu- 
late the  time  and  manner  in  which  goods  and  passengers 
shall  be  transported,  taken  and  carried  on  the  same  ;  and 
shall  have  power  to  erect  and  maintain  toll-houses  and 
other  buildings,  for  the  accommodation  of  their  concerns, 
as  they  may  deem  suitable  for  their  interests. 

§  11.  That  it  shall  be  lawful  for  the  company  hereby  in- 
corporated, from  time  to  time,  to  (w,  regulate  and  receive  the 
toll  and  charges  by  them  to  be  received  for  transportation 
of  persons  and  property  on  their  railroad  or  way  afore- 


1853.  470 

said  hereby  autliorized  to  be  constructed,  erected,  built 
or  used,  or  upon  any  part  thereof. 
i>i.;'.iiyiur  inju-  §  12.  That  ifany  persou  or  persons  will  or  shall  wiltully 
iv  u.  roaii.  ^^  ^j,  cause  to  be  done  any  act  or  acts  whatsoever,  whereby 
any  building,  construction  or  works  of  said  company,  or  any 
engine,  machine  or  structure,  or  any  matter  or  thing  apper- 
taining to  the  same,  shall  be  stopped,  obstructed,  impaired, 
weakened,  injured  or  destroyed,  the  person  or  persons  so 
offending  shall  be  deemed  guilty  of  a  misdemeanor,  and 
shall  forfeit  and  pay  to  the  said  company  double  the  amount 
of  damages  sustained  by  reason  of  such  offence  or  injury, 
to  be  recoverd  in  the  name  of  said  corporation,  with  costs 
of  suit,  by  action  of  debt. 
Vfsud  witii  uie  §  13.  The  said  company  and  under  their  direction, 
siiaio  i'"^^r^as  ^Jieir  agents,  servants  and  workmen  are  hereby  vested 
v.-iiieyR.K.co.  ^j^Ij  ^}^g  samc  powcr  and  authority  as  are  granted  to  the 
Wabash  Valley  Railroad  Company  by  an  act  entitled  "An 
act  to  incorporate  the  WabashValley  Railroad  Company  and 
to  regulate  the  capital  stock  of  other  railroads,"  approved 
June  22d,  1852,  to  enter  into  and  upon  the  lands  or  grounds 
of  or  belonging  to  the  state,  and  to  survey  and  take  levels 
of  the  same,  or  any  part  thereof,  and  to  set  out  and  ascer- 
tain such  parts  as  they  shall  think  necessary  and  proper  for 
making  the  said  railroad,  and  for  all  purposes  connected 
with  the  construction  thereof;  and  the  said  company  is 
hereby  authorized  and  empowered,  from  time  to  time,  to 
borrow  such  sum  or  sums  of  money  as  may  be  necessary 
for  completing,  furnishing  and  operating  their  said  rail- 
road ;  and  for  this  purpose  they  are  authorized  to  issue  and 
dispose  of  their  bonds  in  denominations  of  not  less  than 
five  hundred  dollars,  at  such  rate  of  interest,  not  exceed- 
ing ten  per  cent.  )>er  annum,  and  at  such  rate  of  discount 
as  may  be  deemed  necessary  for  the  benefit  of  said  com- 
pany. The  terminus  of  said  railroad,  on  the  Ohio  river, 
shall  be  at  the  town  of  Brooklyn,  in  Massac  county,  in 
this  state. 

§  14.  That  the  directors  of  said  company  may  require 
**^''" '  '"""""'the  payment  of  the  sum  or  sums  subscribed  to  the  capital 
stock  of  said  company,  at  such  times  and  in  such  propor- 
tions, and  upon  such  conditions  as  they  may  deem  fit ;  and 
in  case  any  stockholder  shall  refuse  or  neglect  to  make 
payment  pursuant  to  tlie  requisition  of  the  board  of  direc- 
tors, the  stock  of  such  stockholder  may  be  sold  by  the  di- 
rectors of  said  corporation  at  public  auction,  after  the  lapse 
of  ninety  days  from  the  time  when  the  payment  became 
due,  and  tiie  surplus  money,  the  avails  of  such  sale,  after 
deducliiig  the  payments  due  and  interest  thereupon,  and 
the  necessary  expenses  of  sale,  shall  be  paid  over  to  such  I 
delinquent  stockholder. 


471  1853. 

§  15.  Tliat  if  the  said  railroad  shall  not  be  commenced 
within  five  years  from  the  passage  of  this  act,  and  shall  not 
be  finished  within  the  state  in  ten  years  from  the  time  of 
the  commencement  thereof,  then  this  act  shall  be  null  and 
void. 

§  16.  This  act  shall  be  deemed  and  taken  as  a  public 
act,  and  shall  be  in  force  from  and  after  its  passage. 

Approved  January  25,  1853. 


AN  ACT  to  authorize  the  city  of  Qiincy  to  subscribe  to  the  stock  of  the  in  f'Tce  Jaii 
Northern  Cross  Railroad  Company.  '^^'3. 

Section  1.  Be  it  enacted  by  the  jieople  of  the  state  of 
Illinois,  represented  in  the  General  Jlssembly,  That  the 
city  of  Quincy  is  hereby  authorized  to  subscribe  for  shares  subscriptioii, 
of  stock  in  the  Northern  Cross  Railroad  Company,  in  any 
sura  not  exceeding  one  hundred  thousand  dollars,  in  addi- 
tion to  the  subscription  made  by  the  city  to  the  stock  of 
said  company  under  the  provisions  of  an  act  entitled  "An 
act  supplemental  to  an  act  entitled  'an  act  to  provide  for  a 
general  system  of  railroad  incorporations,'  "  approved 
November  sixth,  eighteen  hundred  and  fortj'-nine ;  and 
which  stock  so  subscribed  for  shall  be  under  the  control 
of  the  common  council  of  said  city,  in  all  respects,  as  stock 
subscribed  by  individuals. 

§  2.  That  for  the  payment  of  the  stock  so  subscribed  issue  bocas. 
the  common  council  of  the  city  is  hereby  authorized  to  is- 
sue to  said  company  the  bonds  of  said  city  at  par,  bearing 
interest  not  exceeding  eight  per  cent,  per  annum,  payable 
semi-annually,  with  interest  coupons  annexed,  and  execu- 
ted by  the  mayor  of  the  city,  under  the  seal  thereof,  and 
countersigned  by  the  city  clerk,  to  an  amount  equal  to  the 
par  value  of  the  shares  of  stock  subscribed,  and  to  pledge 
the  faith  of  the  city  for  the  semi-annual  payment  of  the  in- 
terest and  the  ultimate  redemption  of  the  principal. 

§  3.  Tiiat  before  the  additional  stock  aforesaid  shall  Election. 
be  subscribed  an  election  shall  be  held  to  ascertain  whether 
the  citizens  of  said  city  are  desirous  that  such  subscription 
be  made  ;  and  which  said  election  shall  be  called  by  the 
common  council  of  the  city,  and  held  and  conducted  and 
returns  tiiereof  made  in  the  manner  required  by  the  fourth 
section  of  the  act  mentioned  in  the  first  section  of  this  act. 
In  case  a  majority  of  the  voters  voting  at  said  election 
shall  be  in  favor  of  the  subscription,  such  authorized  sub- 
scription shall  then  be  made  by  the  common  council  of  said 
city.    The  bonds  which  shall  be  issued  under  the  provisions 


1853.  472 

of  tliis  act  shall  be  issued  for  the  amount  of,  and  at  the 
time  the  assessments  upon  the  other  stockholders  of  said 
company  shall  be  regularly  assessed  and  made  payable  : 
Provided^  that  the  common  council  of  the  city  may  at  any 
time  issue  to  the  said  company  the  full  amount  of  the 
bonds  to  be  issued  in  payment  of  such  subscription  when- 
ever in  their  discretion  they  may  deem  it  advisable. 
ai  ,a^.  §   4.     That  the  city  council  of  said  city  is  hereby   au- 

thorized to  levy  and  collect  a  special  annual  tax  on  all  real 
and  personal  property  situated  in  said  city,  for  the  payment 
of  the  interest  on  said  bonds,  in  the  same  manner  as  is  pro- 
vided by  an  act  entitled  "An  act  to  authorize  the  city  of 
Quincy  to  collect  a  special  tax  for  the  purposes  therein 
named,"  approved  February  the  seventeenth,  eighteen 
hundred  and  fifty-one;  and  the  provisions  of  the  act  afore- 
said in  relation  to  tiie  levy,  collection  and  appropriation  of 
the  tax  therein  mentioned  shall  in  every  respect  apply  to 
the  tax  to  be  levied  by  virtue  of  this  act.  Tiiis  act  to  take 
effect  and  be  in  force  from  and  after  its  passage. 
Approved  January  26,  1853. 


AN  ACT  for  the  relief  of  Noah  Minnicks. 

Whereas  at  the  September  term,  1847,  of  the  circuit  court 
of  Crawford   county,  Illinois,  Noah  Minnicks  was   con- 
victed of  the  crime  of  larceny,  which  has  deprived  him 
of  the  right  of  citizenship  ;  therefore — 
Section   1.     Be  it  enacted  by  the  people  of  the  state  of 

Illinois,  represented   in  the  General  Assembly,  That  the 

said  Noah  Minnicks  is  hereby  restored  to  the  full  rights 

and  privileges  of  citizenship. 

§   2.     That  this  act  be  in  force  from  and  after  its  passage. 
Approved  January  26,  1853. 


lu  force  Jan.  2G.        AN  ACT  to  vacate  parts  of  certain  streets  in  the  town  of  Robinson. 
1853. 

Section   1.     Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the  General  ^Jssembly,  Tliat  so  much 
vacai..).  qJ-  franklin  street  as  passes  over  or  lies  between  Main 

street  and  Locust  street  and  adjoining  lots  No.  eighty 
(80,)  seventy-nine  (79)  and  eighty-one  (81,)  together 
with  so  much  of  Lincoln  and  Cliesiiut  streets  as  lies  ad- 
joining lots  number  one  hundred  and  four  (104,)  one  hun- 


473  1853. 

dred  and  five  (105,)  one  hundred  and  six  (106,)  one 
hundred  and  seven  (107)  and  one  hundred  and  eight  (  108,) 
situate  in  the  town  of  Robinson,  Crawford  county,  and 
state  of  Illinois,  be  and  the  same  is  hereby  vacated;  and  the 
parts  of  said  streets  vacated  shall  belong  to  and  the  title 
is  hereby  vested  in  the  owners  of  the  adjoining  lots. 

§  2.  This  act  to  take  eflect  and  be  in  force  from  and 
after  its  passage. 

Approved  January  26,  1853. 


AN  AC  rgnintiiijs:  further  time  to  the  Sangamon  and  Morpran  Railroad  Com- 1"  force  Jan.  24. 
pany  to  repair  a  portion  of  the  Northern  Cross  Railroad.  ^^°^" 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Assembly,  That  the  time  Time  extencfed. 
allowed  the  Sangamon  and  Morgan  Railroad  Company  in 
the  first  section  of  an  act  approved  January  23,  1851,  en- 
titled "An  act  to  incorporate  the  Sangamon  and  Morgan 
Railroad  Company,"  approved  March  the  first,  A.  D.  1845, 
be  and  the  same  is  hereby  extended  so  as  to  allow  the  said 
company  until  the  first  day  of  July,  A.  D.  1853,  to  repair 
that  part  of  the  Northern  Cross  Railroad  leading  to  ihe 
town  of  Meredosia,  from  the  point  wliere  the  said  road  is 
intersected  by  a  lateral  road  to  the  town  of  Naples  ;  and 
that  the  said  company,  on  repairing  the  said  part  of  the  said  Repair  ,.a,t  of 
road  in  the  manner  provided  for  in  the  first  section  of  said  '^"*'^- 
act,  by  or  before  the  said  first  day  of  July,  A.  D.  1853,  and 
keeping  the  same  in  repair  as  hereinafter  provided,  shall 
be  entitled  to  the  release  and  discharge  of  forfeitures,  and 
the  confirmation  of  their  rights,  privileges  and  franchises, 
in  all  respects,  to  which  they  would  have  been  entitled  if 
they  had  repaired  the  said  part  of  the  said  road  within  the 
time  provided  for  in  the  said  first  section  of  the  said  act,  and 
kept  the  same  in  repair  and  use  as  therein  provided  :  Pro- Proviso. 
vided,  nevertheless,  that  the  foregoing  time  for  the  repair- 
ing of  said  road  to  Meredosia,  and  the  release  of  forfeitures 
aforesaid,  and  the  confirmation  of  rights  aforesaid,  are 
granted  to  the  said  company  upon  the  following  express 
conditions,  to  wit  — 

1st.  That  so  much  of  said  Northern  Cross  Railroad  as 
lies  between  the  town  of  Meredosia  and  a  point  where  said 
road  is  intersected  by  a  lateral  road  to  the  town  of  Naples, 
shall,  prior  to  the  first  day  of  July  next,  be  put  in  the  same 
state  of  repair  and  with  the  same  kind  of  material  which 
are  used  upon  the  road  from  the  said  intersection  to  Spring- 
field, and  shall,  for  and  during  the  corporate   existence  of 


1853.  474 

said  company,  be  kept  in  the  same  state  of  re{)air,  using 
the  same  kind  of  materials,  and  sliallbe  kept  in  use  for  the 
transportation  of  persons,  property,  &c.,  and  operated  with 
the  same  power  as  the  residue  of  said  road  from  said  inter- 
section to  Springfield. 
Pile  acceptance  ^^'  That  Said  Company  shall,  within  (60)  sixty  days  from 
with    secretary  the  passagc  of  this  act,  accept  of  the  same  and   its  provi- 

of  state.  .i  o_  'i  .  /.i.T 

sions  as  obligatory  upon  them,  by  a  resolution  of  their  di- 
rectory, certified  by  the  president  and  secretary  of  said 
company,  under  the  seal  of  said  company,  and  filed  in  the 
office  of  the  secretary  of  state. 
Fenaity  for  fail-  3d.  And  if  Said  Company,  after  said  acceptance,  shall 
°'^*  fail  to  comply  with  the  provisions  of  this  bill,  they  shall  for- 

feit all  rigiit,  title  and  interest  and  claim  which  they  have 
in  and  to  said  Northern  Cross  Railroad  and  lateral  road, 
and  the  property  thereon  and  connected  therewith,  and  the 
whole  property,  as  it  may  be  situated,  shall  revert  to  and 
belong  to  the  state  of  Illinois,  and  all  the  rights  of  the  cor- 
poration shall  vest  in  the  governor  for  the  use  of  the  state. 
Approved  January  24,  1853. 


In  force  Jan.  26,  AN  ACT  to  authorize  the  board  of  supervisors  of  La  Salle  county  to  bor- 
^^^^-  row  money  and  levy  a  tax  to  pay  the  same. 

Section  1.  Be  it  enacted  by  the  jyeople  of  the  state  of 
Illinois,  represented  in  the    General  jissemhiy,  That  the 

Borrowmoney.  board  of  supcrvisors  of  La  Sallc  county  be  authorized  to 
borrow  a  sum  of  money,  not  exceeding  six  thousand  dol- 
lars, as  in  the  discretion  of  said  board  may  be  necessary, 
at  a  rate  of  interest  not  exceeding  eight  per  centum  per 
annum,  for  the  purpose  of  enabling  said  board  of  supervi- 
sors to  purcliase  a  farm  and  erect  suitable  buildings  on  the 
same,  so  as  to  accommodate  the  county  paupers. 

Levy  anfi  collect  §  2.  The  luoney  borrowcd  by  Said  board  of  supcrvisors 
of  La  Salle  county,  under  this  act,  shall  not  be  borrowed 
for  a  longer  time  than  ten  years,  from  the  first  day  of  Feb- 
ruary next;  and  for  the  purpose  of  paying  tlu^  interest 
which  may  accrue  and  become  due  thereon,  which  inter- 
est shall  be  paid  annually,  and  for  the  purpose  of  enabling 
said  county  to  pay  the  amount  of  the  principal  which  is 
authorized  to  be  borrowed  by  this  act  within  the  time 
specified,  the  board  of  supervisors  is  hereby  authorized  to 
levy  and  collect  a  tax,  not  to  exceed  the  sum  of  twenty 
cents  on  the  hundred  dollars  worth  of  taxable  property,  in 
addition  to  the  amount  now  assessed  for  county  ])urposes, 
which  shall  be  assessed  and  collected  in  the  same  manner 
as  other  county  taxes  are  now  assessed  and  collected,  and 


476  •  1863. 

which  shall  be  designated  as  the  "county  loan  tax,"  and 
shall  cease  to  be  levied  so  soon  as  the  clerk  of  said  board 
of  supervisors  shall  certify  that  the  principal  and  interest 
of  said  loan  is  liquidated. 

Approved  January  26,  1853. 


AN  ACT  to  amend  the  city  charter  of   Galena. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  rejjresented  in  thv:  General  Jlssemhhj,  That  the  fifth  Elect  offic-^r*. 
section  of  an  act  passed  and  approved  on  the  fifteenth  day 
of  February,  A.  D.  one  thousand  eight  hundred  and  thirty- 
nine,  entitled  "An  act  to  amend  the  several  acts  incorpo- 
rating the  town  of  Galena,"  be  so  amended  that  at  all  sub- 
sequent elections  the  white  male  citizens  of  Galena  shall, 
in  their  repective  wards,  in  such  manner  as  is  now  provi- 
vided  by  law,  or  as  the  city  council  may  hereafter  ordain, 
proceed  to  elect  a  mayor,  two  aldermen  from  each  ward, 
a  city  clerk,  treasurer,  city  attorney,  harbor  and  lumber 
master,  health  officer^  inspector,  market  and  weigh  master, 
superintendent  of  ways  and  bridges,  city  surveyor,  city 
marshal,  and  two  city  constables,  who  shall  hold  their  re- 
spective offices  as  now  provided  by  law.  This  act  shall 
take  effect  and  be  in  force  from  and  after  the  same  shall 
be  accepted  by  the  qualified  voters  of  the  city  of  Galena, 
at  the  election  to  be  lield  for  that  purpose. 

Approved  January  26,  1853. 


AN  ACT  to  incorporate  the  Union  Cemeterv  Association.  In  force  Jan.  36. 

1853. 

Section  1.  Be  if  enacted  by  the  people  of  the  state  of 
Illinois,  rej)resented  in  the  Gener^al  Assembly,  That  Peter 
B.  Johnson,  John  Phelps  and  James  Richards,  and  their  as- 
sociates and  successors,  be  and  they  are  hereby  created  a 
body  corporate  and  politic,  by  the  name  and  style  of  "The  style. 
Union  Cemetery  Association,"  located  in  the  town  of  But- 
ler, Winnebago  county,  and  by  tliat  name  and  style  to 
have  perpetual  succession,  and  all  the  powers,  rights,  lia- 
bilities and  immunities  incident  to  a  corporate  body. 

§  2.     The  officers  of  said  association  shall  be   three  di- Directors, 
rectors  and  such   other  officers  as  by  this  act  may   be  au- 
thorized  or  created,  each  of  whom  shall  be  the  owner  of 
one  or  more  lots  in  the  cemetery  of  said  association.     Said 


1853. 


476 


directors,  or  a  majority  of  them,  in  all  cases,  shall  consti- 
tute a  board  for  the  transaction  of  business  and  the  man- 
agement of  all  the  property  of  said  association,  and  shall 
be  elected  by  ballot  on  the  first  Monday  of  February,  bi- 
ennially, and  shall  hold  their  offices  until  their  successors 
are  elected. 

§  3.  Said  board  of  directors  shall  choose  from  their 
own  number  a  president  an^  treasurer,  and  shall  aj)point 
from  the  members  of  said  association  a  secretary,  sexton, 
and  such  other  officers  as  the  interest  of  said  association 
may  require.  Said  treasurer  shall  give  a  bond,  with  secu- 
rity for  the  faithful  discharge  of  his  dut}*,  if  required  by 
said  board. 

§  4.  At  all  elections  of  said  association  two  of  said  di- 
rectors shall  act  as  judges,  and  the  secretary  as  clerl 
thereof,  if  present.  In  case  of  absence  of  the  director^ 
and  secretary,  the  members  of  the  association  may  eleCi 
the  judges  and  clerk  from  their  own  numbers.  Said  boart 
may,  b}?  giving  ten  days'  notice,  hold  a  special  election  t6 
fill  vacancies  occasioned  by  tlie  death,  resignation  or  re-i 
moval  of  any  of  said  directors. 

§  5.  Every  person  having  title  to  one  or  more  lots  in 
said  cemetery  shall  be  a  member  of  said  association,  and 
entitled  to  one  vote  ordy. 

§  6.  >aid  board  of  directors  shall  have  power  to  pur- 
chase, receive  by  grant  or  otherwise,  and  hold  lands,  not 
exceeding  ten  acres,  for  a  cemetery,  and  to  lay  out  the 
same  into  lots  suitable  for  the  burial  of  the  dead,  and  also 
to  sell  and  convey  the  same,  by  certificate  of  purchase, 
signed  by  the  president  and  attested  bj^  the  secretary;  and 
tlie  purctiasers  thereof,  their  heirs  and  assigns,  sliall  use 
their  said  lots  for  burial  purposes  onlj'. 
'  §  7.  The  proceeds  arising  from  the  sale  of  said  lots  shall 
be  applied  by  said  directors  in  making  such  improvements 
upon  said  cemetery  as  they  shall  think  necessary  or  appro- 
priate; and  said  board  of  directors  shall  have  power  to  es- 
tablish and  change  by-laws,  prescribe  rules  and  regula- 
tions for  the  appointment,  term  of  office,  duties  and  fees  of 
their  officers,  the  government  of  the  association,  and  tlie 
general  supervision  and  control  of  its  pioperty.  Said  board 
may,  for  cause,  remove  any  of  the  officers  of  its  aj)point- 
ment. 

§  8.  All  deeds  and  other  writings,  made  or  issued  by  said 
association,  shall  be  signed  by  the  president  and  attested 
by  the  secretary. 

§  9.  Said  directors  shall  cause  to  be  kept  and  preserved 
in  a  book  or  books  provided  by  them  for  the  purpose,  a  full 
and  complete  record  of  all  their  meetings,  orders,  purchases 
and  sales  of  property,  with  the  names  of  parties  tliereto, 
also  a  complete  register  of  the  burials  in  said   cemetery; 


477  1853. 

which  book  of  record  shall  at  all  times  be  oj)cn  for  the  in- 
spection of  the  members  of  the  associatioii,  and  uu  ler  the 
control  of  said  board  of  directors. 

§  10.  The  right  of  property  to  any  lot  or  lots  in  said  Rigiuonr. 
cemetery  shall  be  vested  |  in  |  the  pnrcliaser,  by  certificate 
of  purchase  signed  by  the  president  and  attested  by  the 
secretary;  which  certificate  shall  be  recorded  by  the  sec- 
retary; and  every  transfer  of  such  certificate  shall  be  made 
by  surrendering  the  same  to  the  secretary,  who  shall  there- 
upon issue  a  new  certificate  to  the  assignee  and  cancel 
the  former.  No  person  shall  hold  title  to  more  than  two 
lots. 

Approvkd  January  26,  1S53. 


AN  ACT  to  amend  the  charier  of  the  Illinois  Liberal  Institute.  i 

Section  1.  Be  it  enacted  hy  the  people  of  the  state  of 
Illinois,  represented  in  the  General  .issembly,  That  the 
third  section  of  the  charter  of  the  Illinois  Liberal  Institute, 
approved  February  fifteenth,  A.  D.  one  thousand  eight 
hundred  and  fifty-one,  be  and  the  same  is  hereby  repealed. 

§  2.  That  the  following  shall  be  the  third  section  in  substu^.e 
said  charter,  to  wit  :  the  said  institution  shall  be  located 
in  the  town  of  Galesburg,  in  the  county  of  Knox  ;  and  the 
persons  named  in  the  first  section  of  said  charter,  and  their 
successors,  shall  be  trustees  thereof.  Said  trustees  shall 
have  power  to  locate  and  erect  the  necessary  buildings, 
to  elect  a  president  of  said  institute,  to  appoint  profes- 
sors, and  such  teachers,  either  male  or  female,  and  employ 
all  such  agents  as  may  be  requisite  to  the  purpose  of  the 
corporation;  to  dismiss  or  remove  anv  or  all  of  them  at 
their  pleasure,  and  to  appoint  otiiers  in  their  stead.  The 
trustees  shall  also  have  power  to  prescribe  the  cours-j  of 
study,  fix  the  price  of  tuition,  and  determine  the  compen- 
sation of  the  president  and  ail  other  persons  employed  in 
the  institution. 


Repeaw 


5  3. 


That   the   proviso  in  the  fourth  section    of  said 


charter  shall  be  amended  so  that  the  whole  amount  of 
property  so  held  by  said  trustees,  exclusive  of  legacies  and 
donations,  shall  not  amount  at  any  time  to  more'  tiian  fifty 
thousand  dollars. 

§   4.     That  the  proviso  in  the  fourteenth  section  of  said»*'f«»ie'- 
charter,  be    and  the  same  is  hereby  repealed,  and  the  fol- 
lowing shall  be  the  proviso  to  said  section,  to  wit  :   Pro- Proviso. 
vided,  that  the  president,  professors  and   teachers  in  said 
institute  may  be  stockholders  therein,  but  in  no  case  shall 


.853.  478 

such  persons   be  trustees   thereof,   while   he  or  they  are 
acting  as  such  president,  professors  or  teachers. 
ity.  §   5.     That  the  president,  and  as  many  of  said  professors 

and  teachers  as  the  trustees  shall  at  any  regular  meeting 
select,  shall  compose  the  faculty  of  said  institute,  and  shall 
have  lull  power  to  confer  degrees  upon  and  grant  diplo- 
mas to  such  students  as  shall  be  deemed  qualified  ;  and  all 
such  diplomas  shall  be  signed  by  said  faculty,  the  presi- 
dent and  secretary  of  the  board  of  trustees,  and  shall  have 
affixed  thereto  the  seal  of  the  said  institute. 

§  6.  This  act  shall  be  deemed  a  public  act,  and  may  be 
used  as  evidence  without  being  specially  pleaded,  and  shall 
be  in  force  from  and  after  its  passage. 

Approved  January  26,  1853.  i 


In  force  Jan.  26,  AN  ACT  to  amend  an  act  entitled    "An  act  to  authorize  Thomas  H.  Owen 
^^^^-  to  iSeep  a  ferry  across  the  Mississippi  river,  at  Nauvoo." 

Section  1.  Be  it  enacted  by  the  peojjle  of  the  state  of 
Illinois,  represented  in  the  General  Assembly^  That  sec- 
Amemiment.  tion  "3"  of  an  act  entitled  "An  act  to  authorize  Thomas 
H.  Owen  to  keep  a  ferry  across  the  JNIississippi  river,  at 
Nauvoo,"  approved  February  8th,  1849,  be  and  the  same 
is  hereby  amended  by  adding  the  following  words  to  said 
section  :  that  the  management  and  regulation  of  the  said 
ferry,  and  the  rights  and  privileges  of  the  owners  thereof, 
shall  be  governed  and  secured  by  chapter  forty-two  of  the 
Revised  Statutes,  entitled  ferries  and  toll-bridges  ;  and  so 
much  of  the  said  act  as  conflicts  with  the  above  provisions 
is   hereby  repealed. 

Approved  January  26,  1853. 


to  forco  Jan,  26,  AN   ACT  to  authorize  William  H.  Allen  and  his  associates  to  establish  and 
1853.  keep  a  ferry  across  the  Mississippi  river,  at  the  town  of  Grafton,  Jersey 

county,  Illinois. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Assembly,  That  Wil- 
R«ubii8b  ferrj,  jj^^^j  pj  Allen  aud  his  associates,  and  his  or  their  heirs  and 
assigns,  be  and  they  are  hereby  authorized  to  establish  and 
keep  in  operation  a  ferry  across  the  Mississippi  river,  at 
the  town  of  Grafton,  in  Jersey  county,  to  the  opposite  shore, 
on  the  Missouri  side. 


479  1853. 

§   2.     The  said  William  H.  Allen,  his  heirs  and  assigns,  tou. 
shall  be  allowed  such  rates  of  ferriage,  and  be  entitled  to 
the  same  privileges,  and   subject  to  all  of  the  duties  con- 
tained in  chapter  forty-two  of  the  Revised  Statutes  of  this 
state,  entitled  "ferries  and  toll-bridges." 

This  act  to  take  effect  from  and  after  its  passage. 

Approved  January  26,  1853. 


AN  A(JT  entitled  an  act  to  change  the  name  of  Mary  Ann  Burns. 

Section  1..  Be  it  enacted  by  the  people  of  the  state  of 
llUnuis,  represented  in  the   General  Assembly,    That  the  Name  obanged. 
name    of   Mary  Ann   Burns  be    and   tlie   same  is  hereby 
changed,  for  all  purposes   whatever,  to  the  name  of  Mary 
Ann  Merril. 

This    act  shall  take   effect   and   be   in  force  'from  and 
after  its  passage. 

Approved  January  26,  1853. 


AN  ACT  to  change  the  name  of  the  town  of  Centreville,  in  Fulton  county,  in  force  Jan.  .'6, 
to  Cuba.  1853. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Assembly,  That  the  Name  changed. 
name  of  the  town  of  Centreville,  in  Fulton  county,  be  and 
it  is  hereby  changed  to  that  of  Cuba  :  Providing,  however, 
that  the  change  of  name  shall  in  nowise  affect  contracts 
or  conveyances  heretofore  made. 

Approved  January  26,  1853. 


AN  ACT  to  change   the   name  of  the  town  of  Pleasant ville,   in   Fulton  In  force  Jan.  26. 
county,  to  Ipava,  '*''^- 

Section  1.  Be  U  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Assembly,  That  the  change  of  name. 
name  of  the  town  of  Pleasantville,  in  Fulton  county,  be 
and  it  is  hereby  changed  to  that  of  "Ipava  :"  Provided, 
however,  that  the  change  of  name  shall  in  nowise  affect 
contracts  or  conveyances  heretofore  made. 

Approved  January  26,  1853. 


1853.  480 

tn  force  Jan.  26,  AN  ACT  to  chan-je  Ihe  name  of  Thomas  P.  Blair. 

1853.  =' 

Skction  1.     Be  it  enacted  by  the  people  of  the  state  of  llli- 

nois,  represented  in  the  General  Jlssemhhj^  That  the  name 

Nameci>an,ed.    ^f  Thomas  P.  Blair,   of  Pope   county,  Illinois,  be  and    the 

same  is  hereby  changed,  for  all   purposes  whatsoever,  to 

the  name  of  Thomas  P.  Warwick. 

This  act  shall  take  eflect  and  be  in  force  from  and  after 
its  passage. 

Approved  January  2G,  1853. 


inforc?  Jan.  2t,  AN  ACT  vacating  a  part  of:  the  town  of  Sterling. in  thecounty  of  Whitesi(l»-. 
1853. 

Section   1.      Be  it  enacted  hxj  the  people  of  the  state  of  • 
Illinois,  represented  in  the  GeneraUissemhly,  That  all  that ' 
v.i..at«i.  part  of  the  town  of  Sterling,  west  of  Broadway,  and  lying  ; 

west  of  Locust  street,  together  with  block  forty-two,  and  . 
so  much  of  the  Front  street  lying  and  being  between  said 
block  forty-two  and  the  river,  be  and  the  same  is  hereby 
vacated  ;  the  title  thereto  to  vest  and  remain  in  the  own- 
ers and  proprietors  of  the  lots  in  said  part  of  the  town  and 
block  hereby  vacated. 

This  act  to  be  in  force  from  and  after  its  passage. 

Approved  January  24,  1853. 


In  force  Jan.  24,  AN  ACT  authorizing  George  W.  Renwick  to  erect  a  building  in  Fox 


la.'ia. 


KriiiU  building. 


at  the  town  of  Elgin,  Kane  county,  Illinois. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Assembly,  That  George 
W.  Renwick,  of  Elgin,  Kane  county,  and  state  of  Illinois, 
be  and  he  is  hereby  authorized  and  empowered  to  erect 
and  maintain,  for  the  purpose  of  carrj^ing  oi^  the  black- 
smitii  or  other  business  therein,  a  building  in  Fox  river,  at 
or  near  the  east  end  of  the  bridge  across  said  river,  at  said 
Elgin  :  Provided,  the  same  shall  not  obstruct  the  water- 
power  of  any  person  on  said  river,  nor  the  current  of  said 
river. 

Approved  January  24,  1853. 


481  1853. 

AN  ACT  to  tax  the  inhabitants  of  school  district  No.  5,  in  the  township  of  in  force  Jan.  24. 
Aurora,  Kane  county,  Illinois,  for  school  purposes.  *^^^- 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois^  represented  in  the  General  Assemhlij^  That  from 
and  after  the  passage  of  this  act  that  the  schools  in  district 
number  five,  in  the  township  of  Aurora,  in  the  county  of 
Kane,  shall  be  supported  by  taxation,  to  be  assessed  and  Taxation. 
levied  by  the  school  directors  of  said  school  district,  upon 
the  real  and  personal  property  and  estate  within  the  said 
school  district.  Said  tax  to  be  collected  by  the  collector 
of  said  school  district  in  the  same  manner  teachers' 
wages  are  collected  by  said  district  collector  under  the 
school  law  as  amended  February,  1851. 

Approved  January  24,  1853. 


AN  ACT  to  increase  the  number  of  directors  of  the  Warsaw  and  Rockford  in  force  Jan.  -24, 
Railroad  Company.  1853. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  oj 
Illinois,  represented  in  the  General  Assembly,  That  at  the 
first  election  of  directors  for  said  company,  which  may  beNnmberofdirec- 
held  after  the  passage  of  this  act,  it  shall  be  lawful  for  the  *^"* 
stockholders  thereof  to  elect  seven  directors  of  said  com- 
pany, and  that  the  directors  of  said  company  may  at  any 
time,  by  resolution  of  the  board,  increase  the  same  to  any 
number  not  exceeding  thirteen,  to  be  elected  by  the  stock- 
holders in  the  same  manner  that  other  directors  are  elected. 

§   2.     This  act  to  be  in  force  from  and  after  its  passage. 

Approved  January  24,  1853. 


AN   ACT  for  the  relief  of  A.  S.  Jeffries,  one  of  the  securities  of  William  in  force  Jan.  22. 
J.  Arnold,  late  collector  of  Jasper  county.  19*3- 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  rejjresented  in  the  General  Assembly,  That  A.  S. 
Jeffries  be  and  he  is  hereby  released  and  discharged  from  Released. 
all  liability  to  the  state,  by  reason  of  his  having  been  one 
of  the  securities  on  the  collector's  bond  of  William  J.  Ar- 
nold, late  collector  of  taxes  of  Jasper  county  for  the  year 
1847. 

Approved  January  22,  1853. 
F2 


1863. 


482 


In  force  Jan.  24,  AN  ACT  authorizing  certain  persona  holding  property  in  trust  for  the  use  of 
1853.  {jjg  Protestant  Episcopal  church  in  the  slate  of  Illinois  to  convey  the  same. 

Preamble.  Whereas  certain  lands,   tenements  and  other  property  in 

this  state  have   been  heretofore  conveyed  to  the  Right 
Reverend   Philander    Chase,    bishop  of  the   Protestant 
Episcopal  church  in  the  diocese  of  Illinois,  or  bishop  of 
Illinois,  and  to  other  persons,  upon  the  trust,  expressed  or 
implied,  to  hold  and  transmit  the  same  to  the  successors 
of  said  bishop  in  the  state  of  Illinois,  for  the  use  and  ben- 
efit of  various  religious  congregations  of  the   Protestant 
Episcopal  church,  and  for  the  religious,   charitable  and 
literary  purposes  of  said   church  ;  and  whereas  certain 
land   in  the  city  of  Chicago  has  been  conveyed  to  the 
Right  Reverend  Henry  John  Whitehouse,  the  present 
bishop  of  the  Protestant  Episcopal  church  in  Illinois,  for 
the  purpose  of  erecting  thereon   a  cathedral,  church, 
dwelling  house,  schools  and  other  buildings,  on  the  same 
trustj^expressed  or  implied,  to  hold  and  transmit  the  same 
to  his  successors  ;  and  whereaSjdoubts  may  arise  whether 
the  said  bishop  and  other  persons  before  mentioned  can 
well  and  sufficiently  hold  and  convey  said  lands,  tene- 
ments and  other  property,  and  also  whether  the  succes- 
sors of  the  Riglit  Reverend  Henry  John  Whitehouse  can 
take  and  hold  the  legal  title  of  and  to  the  same  ;   and 
whereas  there  is  danger  of  loss  to  said  church  and  socie- 
ties unless  the  said  bishop  of  Illinois  and  his  successors 
are   legally  authorized  to  take,  hold  and  convey  real  es- 
tate for  such  religious   and  charitable  uses ;  therefore — 
Section   1.     Be  it  enacted  by  the  people  of  the  state  of 
Illinois,   represented  in  the    General  Assembly,   That   all 
eonveyances.      gifts,  grants,  deeds,  wills  and  other  conveyances  wherein  or 
whereby  any  lands,  tenements  or  other  property  within 
this  state  have  been  given,  devised    or  granted,  or  in  any 
manner  conveyed,  by  any  person  or  persons  whatever,  un- 
to any  person,  by  the  name,  style  or  title  of  bishop  of  the 
Protestant  Episcopal  church,  in  the  state  or  diocese  of  Illi- 
nois, or  bishop  of  Illinois,  and   his  successors,  or  to   any 
other  person  upon  the  trust,  expressed  or  implied,  to  take, 
hold  and  receive  the  same,  for  the  use   and   benefit  of  any 
religious  congregation  of  Protestant  Episcopalians,  or  for 
the  support,  aid  or  maintenance  of  the  cathedral  church, 
of  any  hospital,  almshouse,  seminary,   church,  parsonage, 
or  for  burial  grounds  or  other  religious  or  charitable  pur- 
poses, within  this  state;  and   all  such  gifts,  grants,  deeds, 
wills  and  other  conveyances  which  may  hereafter  be  made, 
are  hereby  confirmed  and  declared  to  be  good,  sufficient 
and  effectual  in  law,  to  vest  tho  legal  title  and  estate  in  fee 
simple  of,  in  and  to  tiie  said  lands  and  tenements  and  other 
property  in  such  grantee  or  devisee,  and  in  such  persons 


483  1853. 

as  shall  be  in  future  the  successors  of  the  said  bishop  of 
Illinois,  forever,  and  in  no  other  person  or  persons  whatso- 
ever :  Provided^  however^  that  it  shall  be  necessary,  in  re-  Proviso. 
lation  to  all  gifts,  grants,  deeds,  wills  and  other  conveyan- 
ces heretofore  made  as  aforesaid,  that  the  persons  to  whom 
the  same  were  made,  or  such  persons  as  they  may  have 
conveyed  to,  if  living,  shall  release  their  interest  and  es- 
tate therein  to  the  said  bishop  of  Illinois  :  Jind  j)rovided 
further,  that  nothing  in  this  act  shall  be  taken  or  construed 
to  give  or  grant  to  the  said  bishop  of  Illinois,  or  his  succes- 
sors, the  right  to  hold  real  estate  in  trust  for  any  religious 
society,  except  for  charitable,  religious  and  literary  pur- 
poses, or  for  burial  grounds,  as  provided  for  in  this  act. 
Approved  January  24,  1863. 


AN  ACT  to  amend  an  act  entitled  "An    act   to  incorporate   the   Shawnee  in  force  Jan.  is, 
Coal  Company,"  approved  February  12,  1851.  18C3. 

Section  1.  Be  it  enacted  hy  the  people  of  the  state  of 
Illinois^  represented  in  the  General  Assembly,  That  said 
company  may  acquire  and  hold,  in  addition  to  that  named  ?ower  to  hoM 
in  the  act  to  which  this  is  an  amendment,  other  real  estate  ^^""^^^  ^' 
and  mining  rights,  in  the  counties  of  Gallatin  and  Hardin; 
to  buy,  build  and  own  boats  for  the  carrying  on  their  busi- 
ness, and  to  dispose  of  their  property  or  any  of  it  by  sale 
or  otherwise;  to  engage  in  the  mining  of  coal,  iron,  salt 
and  other  minerals,  and  in  the  manufacture  and  sale  of 
salt,  lime,  iron  and  products  of  their  lands  and  other  arti- 
cles and  commodities,  and  in  the  transportation  of  same  or 
any  of  them  to  home  or  foreign  markets;  to  hold  their 
meetings  within  or  without  the  state,  and  to  have  all 
powers  needful  for  the  successful  prosecution  of  their 
business,  and  for  the  execution  of  the  powers  herein 
granted. 

§  2.  Said  company  may  lay  out,  construct,  own  and  B»5'«'ad- 
maintain  a  railroad  or  railroads,  and  wagon  roads,  with 
their  appurtenances,  from  any  point  or  points  on  their  lands, 
or  on  lands  which  they  may  lease,  to  such  point  or  points 
on  the  Ohio  or  Saline  rivers,  as  they  may  deem  expedient 
or  proper  for  the  successful  prosecution  of  their  said  busi- 
ness; and  should  the  lands  across  which  such  road  or  roads 
be  located  belong  to  any  fevime  covert,  infant  or  insane  infants,  &c. 
person,  the  husband  of  such  femme  covert,  or  guardian  of 
such  infant,  or  conservators  of  such  insane  person,  may 
release  all  damages  for  and  in  said  lands,  and  adjust  game, 
and  convey  the   right  of  way  to  said  company  as  fully  as 


1853. 


484 


might  be  done  by  the  party  if  free  from  such  disability. 
And  in  event  of  non-agreement  with  the  owners  of  lands 
that  may  be  required  by  said  company  for  the  location 
and  construction  of  said  road  or  roads,  or  with  any  of  them, 
or  with  such  husband,  guardian  or  conservators,  said  com- 
pany may  acquire  the  right  of  way  and  occupancy,  and 
adjust  the  damages  in  the  manner  provided  by  the  law  of 
this  state,  now  in  force,  concerning  the  right  of  way ;  and 
when  the  damages  are  assessed  and  paid,  or  tendered  ac- 
cording to  the  provisions  of  said  law,  the  lands  so  acquired 
shall  be  vested  in  said  company  for  the  use  of  said  road  or 
roads;  and  when  such  right  of  way  shall  have  been  awarded 
under  said  law,  a  copy  of  the  report  may  be  filed  and  re- 
corded in  the  county  where  such  lands  are  situate,  and  a 
due  certified  copy  of  such  record  shall  be  taken  and  re- 
ceived as  evidence  in  all  trials  relating  to  same. 

§  3.  Said  company  may  contract  debts  not  exceeding 
at  any  one  time  in  amount  one-third  the  amount  of  the 
capital  stock  actually  paid  in,  and  provided  it  has  within 
this  state,  at  all  times,  property  equal  in  value  to  the 
amount  of  its  indeb'tedness;  and  said  company  may  receive 
real  estate  in  payment  of  such  part  of  the  subscription  as 
they  may  deem  desirable. 

§  4.  All  acts  or  parts  of  acts  inconsistent  with  the 
foregoing  provisions  and  amendments  be  and  the  same  are 
hereby  repealed,  and  this  act  shall  take  effect  from  and 
after  its  passage. 

Approved  January  18,  1853. 


In  force  Jan. 
1853. 


AN  ACT  to  amend  an  act  entitled  "An  act  to  incorporate  the  Chicago  South 
Western  Plank  Road  Company,"  approved  10th  February,  1849. 


Section   1.     Bt  it  enacted  by  the  people  of  the  state  of 

Illinois,  represented  in  the  General  ^dssembly,  That  the 

Construct    rail- Said  Chicago  South  Western   Plank  Road   Company  are 

road.  hereby  authorized,  in  place  of  its  plank  road,  to  construct 

and  maintain  a  railroad  over  the  route  mentioned  in  its 

charter,  and  for  that  purpose  shall  have-  all  such  additional 

powers  as  are  necessary  for  tlie  constructing  and  operating 

a  railroad  for  the  transportation   of  persons   and  property 

cuitai  stock  m- for  hire.     The  capital   stock   of  said  company  may  be  in- 

cioased.  creased   to  three   million  of  dollars.     Tiie   route    of  said 

road  from  Chicago  to  Aurora  shall   be  by  way  of  Naper- 

ville.     Upon  the  acceptance  of  this  amendment,  the  name 

of  said  corporation  shall  be  changed  to  that  of  "Chicago 

Western  Railroad  Company." 


485  1853. 

§  2.     This  act  to  take  effect,  and  be  in  force  from  and 
after  its  passage. 

Approved  January  20,  1853. 


AN  ACT  to  change  the  name  of  Marshall  Myrick  to  that  of  Marshall  My-  in  force  Jan.  22. 
rick  Cooper.  ^^^^• 

Section   1.     Be  it  enacted  by  the  people  of  the  state  oj 
Illinois,  represented  in  the    General  Assembly,  That  the 
name   of  Marshall  Myrick,   of  the   county   of  Jersey,  the  Name  changed. 
adopted  son  of  Jonathan   E.    Cooper   of  said   county,  be 
changed  to  that  of  Marshall  Myrick  Cooper. 

§  2.     That  the  said   Marshall  Myrick  Cooper  shall  be  ^'si-t^- 
and  he  is  hereby   declared  to  be  entitled  to  all  the  rights 
that  would  belong   or  pertain  to  him  were   he  the  natural 
son  of  the  said  Jonathan  E.  Cooper. 

§    3.     This  act  to  take  effect   and  be  in   force  from  and 
after  its  passage. 

Approved  January  22,  1853. 


AN  ACT  to  authorize  James  Gray  to  establish  a  ferry  across  the  Missis- in  force  jaa.  15, 
sippi  river.  ^853. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Assembly,  That  James 
Gray,  his  heirs  and  assigns,  be  and  they  are  hereby  author-  Eatawish  feirr. 
ized  to  establish  and  keep  a  ferry  across  the  Mississippi 
river  between  the  town  of  Appanoose,  in  the  county  of 
Hancock,  and  state  of  Illinois,  and  Fort  Madison,  in  the 
county  of  Lee,  and  state  of  Iowa,  for  the  term  of  eleven 
years  from  the  passage  of  this  act,  during  which  time  no 
license  shall  be  granted  to  any  other  person  or  persons, 
nor  shall  any  other  person  or  persons,  or  body  corporate, 
establish,  keep  or  run  a  ferry,  and  land  within  two  and  a 
half  miles  of  said  town  of  Appanoose,  under  the  forfeitures 
and  penalties  hereinafter  referred  to. 

§  2.  The  said  James  Gray,  his  heirs  and  assigns,  shall  Ferryboats. 
keep  a  good  and  sufficient  steam  or  horse  ferry  boat,  to- 
gether with  such  other  boats  as  may  be  necessary  for  the 
speedy  and  safe  transportation  of  passengers,  teams,  horses, 
cattle  and  other  animals,  as  well  as  goods  and  effects  be- 
longing to  passengers,  and  shall  also  furnish  said  boats 
with  men  of  sufficient  skill  to  manage  the  same,  and  may 


1853. 


486 


receive  such  rates  of  ferriage  therefor  as  may  be  allowed 
by  the  county  court  of  said  county  of  Hancock. 

§  3.  The  said  James  Gray,  his  heirs  or  assigns,  shall 
pay  into  the  county  treasury  of  said  county  of  Hancock, 
such  amount  of  tax  as  may  be  assessed  upon  said  ferry  by 
the  said  county  court,  not  exceeding  thirty  dollars  per 
annum,  and  the  management  and  regulation  of  the  said 
ferry  shall  be  governed  by  the  act  to  establish  ferries  and 
toll-bridges,  approved  March  the  third,  one  thousand  eight 
hundred  and  forty-five;  and  the  said  James  Gray,  his  heirs 
and  assigns,  shall  be  entitled  to  the  benefits  and  forfeitures, 
and  may  recover  and  receive  the  penalties  of  any  and  all 
persons  infringing  or  disturbing  the  rights  hereinbefore 
granted,  in  the  same  manner  as  is  now  provided  in  chapter 
forty-two  of  the  Revised  Statutes,  entitled  "ferries  and 
toll-bridges." 

§  4.  This  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage.  ^ 

Approved  January  15,  1853.  1 


111  force  Jan.  20,  AN  ACT  to  authorize  the  voters  of  the  county  of  Hancock  to  vote  upon 
18^3*  the  question  of  township  organization. 

Section  1.     -6e  it  enacted  by  the  peoj)le  of  the  state  of 
Illinois,  represented  in  the  General  Assembly,  That  on  the 

^'''''"  first  Monday  in  the  month  of  March  next  the  question  of 

township  organization  be  and  the  same  is  hereby  submit- 
ted to  the  legal  voters  of  the  county  of  Hancock  to  be  vo- 
ted for  or  against,  and  the  election  shall  be  conducted,  the 

Returns.  votes  cauvasscd  and  the  returns  made  in  like  manner  as 

votes  for  state  and  county  ofiicers,  and  the  abstract  of  said 
votes  shall  be  made  out  and  certified  to  in  the  manner  pro- 
vided for  by  an  act  entitled  "An  act  to  provide  for  town- 
ship organization,"  approved  February  the  17th,  1851. 

or?auizatiou.  §   2.     If  it  shall  appear  by  the  returns   of  said  election 

that  a  majority  of  the  legal  voters  voting  at  such  election 
are  in  favor  of  township  organization,  then  said  county  of 
Hancock  shall  be  governed  by  and  subject  to  the  piovi- 
sions  of  said  act  entitled  "An  act  to  provide  for  township 
organization,"  approved  February  the  17th,  1851;  and  the 
said  towns  or  townships  in  the  said  county,  as  heretofore 
divided  and  established  by  the  commissioners  appointed  by 
the  county  court  of  said  county  for  that  purpose,  shall, 
without  the  appointment  of  any  new  commissioners,  or  the 
making  of  any  other  division  thereof,  be  deemed  and  held 
a  sufficient  division  of  said  county  in  towns,  according  to 
the  provisions  of  the  act  before  mentioned,  and  shall,  in  all 


487  1853. 

courts  and  for  all  purposes,  be  considered  the  legal  towns 
of  said  county  until  otherwise  altered. 

§  3.  It  shall  be  the  duty  of  the  secretary  of  state,  im-  ^t^/'cSJ.*"^'^'''" 
mediately  after  the  passage  of  this  act,  to  cause  a  copy 
thereof  to  be  forwarded  to  the  clerk  of  said  county  of  Han- 
cock, who  shall  forthwith  cause  notices  to  be  posted  up  in 
three  of  the  most  public  places  in  each  of  the  precincts  of 
said  county,  giving  notice  of  said  election  or  vote  to  be  ta- 
ken twenty  days  previous  to  the  holding  thereof. 

§  4.     This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved  January  20,  1863. 


AN  ACT  in  addition  to  an  act  entitled  "An  act  to  authorize  the  construe-  in  fores  Jan. 
tion  ot'ja  bridge  across  the  Illinois  river,"  approved  January  26th,  1847,  and  1853. 

to  an  act  entitled  "An  act  in  addition  to  said  act,"  approved  June  19, 1852. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois^  represented  in  the  General  Assembly^  That  the 
Peoria  Bridge  Association  shall  have  full  power  and  au-  ferryboats. 
thority,  whenever  the  .bridge  of  said  Peoria  Bridge  Associ- 
ation shall  be  out  of  repair  and  unfit  for  the  safe  and  con- 
venient passage  of  persons  and  property  across  said  bridge, 
to  run  a  sufficient  number  of  ferry-boats,  at  or  near  the 
outlet  of  Lake  Peoria,  where  said  bridge  is  erected,  to  ac- 
commodate all  persons  and  their  property  in  crossing  said 
river;  and  the  said  Peoria  Bridge  Association  shall  have 
full  power  and  authority  to  demand  and  receive  the  same 
tolls  for  crossing  said  river  as  the  said  Peoria  Bridge  As- 
sociation is  now  entitled  to  receive  for  crossing  said  bridge 
by  virtue  of  the  said  acts  of  incorporation. 

§  2.     This  act  to  take  effect'and   be  in  force  from   and 
after  its  passage. 

Approved  January  17,  1863. 


AN  ACT  to  vacate  the  town  plat  of  the  tov?n  of  Hartford,  in  the  county  of  in  force  Feb. 
Adams.  1863. 

Section  1.  Be  it  enacted  by  the  jdeople  of  the  state  of 
Illinois,  represented  in  the    General  Jlssembly,  That  the 
town  of  Hartford,  situate  on  the  northwest  half  of  section  Town  piat  va 
six,  in  township  one  north,  of  range  eight,  west  of  the  fourth  '''*^' 
principal  meridian,  in  the  county  of  Adams,  be  and  the 
same  is  hereby  vacated. 


1853.  488 

§  2.     This  act  to  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  Feb.  3,  1853. 


In  force  Feb.  11,  AN  ACT  entitled  ''An  act  to  chan£;e  the  name  of  the  Gennesseo  Manual 
^853.  Labor  High  School." 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Jissembly,  That  the 
institution  in  Henry  county  heretofore  known  by  the  name 
of  the  Gennesseo  Manual  Labor  High  School,  shall  in  fu- 
ture be  called  "The  Gennesseo  Seminary." 

§  2.  This  act  shall  take  effect  immediately  after  its 
passage. 

Approved  February  11,  1853. 


In  force  Feb.  11,  AN  ACT  to  release  a  certain  judgment  therein  named. 

1863.  ^ 

I'rcamwo.  Whcrcas  on  the  25th  day  of  April,  A.  D.  1843,  in  the  cir- 

cuit court  of  Adams   county,  on  an  indictment  therein 
pending  against  one  Richard  Eells,  for  secreting  a  certain 
negro   slave  owing  labor  to  the  state  of  Missouri,   and 
belonging  to  one  Chauncey  Durkee,  the   said   Richard 
Eells  was  duly  convicted  as  charged,  and  by  the  judgment 
of  said  court  sentenced  to  pay  a  fine  of  four  hundred 
dollars;  which  said  judgment  was  afterwards  affirmed  by 
the  supreme  court  of  the  state  of  Illinois  and  of  the  Uni- 
ted   States  ;  and   w^hereas   since    the    rendition   of  said 
judgment  the  said  Eells  has  departed  this  life,  leaving  an 
amount  of  property  sufficient  only  for  the  support  of  his 
surviving  widow,   and  the  ends  of  justice  having  been 
answered  by  the  vindication  of  the  law  ;  therefore — 
Section   1.     Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the   General  ^^ssemhly,  That  the 
■'"«'!f.'"'"'  ''*''^" judgment  aforesaid  rendered  against  the  said  Eells  in  the 
said  Adams  circuit  court,  on  the  25th  day  of  April,  A.  D. 
1843,  be  and  the  same  is  hereby  released  ;  and   the  clerk 
of  the  said  Adams  circuit  court  is  hereby  authorized  and 
juilb'nicnt.    '"'^directed  to  enter  full  satisfaction  of  said  judgment  on  the 
records  of  his   said  court :   Provided,  that  nothing  in  this 
act  contained  shall  be  so  construed  as  to  release  said  Rich- 


489  1853. 

ard  Eells,  his  heirs  or  executors,  from  the  costs  of  said  pro- 
ceeding. 

§  2.  This  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  February  11,  1853. 


AN  ACT  io  restore  Reuben  Eastwood  to  citizenship.  in  force  Feb.  15, 

1853. 

Section  1.  Be  it  enacted  hy  the  people  of  the  state  of 
Illinois^  representedinthe  General  Jlssemhly,  That  Reuben 
Eastwood,  of  Lee  county,  be  and  he  is  hereby  restored  to  c^'^^eMjiip  re- 
all  the  rights,  privileges  and  franchises  to  which  he  became 
ineligible  by  reason  of  a  sentence  by  the  circuit  court  of 
Lee  county. 

§   2.     This  act  shall  be  deemed  a  public  act,  and  be  in 
force  from  and  after  its  passage. 

Approved  February  12,  1853. 


AN  ACT  to  vacate  a  certain  alley  in  the  town  of  Bloomington. 

Section  1.  Be  it  enacted  hy  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Assembly,  Tliat  all 
that  part  of  a  certain  alley  running  east  and  west  between  Aiiey  vacated. 
lots  19,  20,  21,  oh  one  sidCj^and  lots  22,  23  and  24,  on  the 
other  side,  in  the  original  town  of  Bloomington,  McLean 
county,  be  and  the  same  is  hereby  vacated. 

§  2.     This  act  to  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  February  12,  1853. 


AN  ACT  to  vacate  a  part  of  Morgan  street,  in  Jacksonville.  in  fore*  Feb,  ij 

^  ^  '  1863. 

Section  1.     Be  it  enacted  hy   the  people  of  the  state  of 
Illinois,  represented   in   the    General  Assembly,  That  so 
much  of  Morgan  street,  in  the  town  of  Jacksonville,  M or- street  vacate*, 
gan  county,  Illinois,  as  lies  west  of  Prairie  street,  in  said 
town,  is  hereby  vacated. 

§   2.     This  act  is  declared  to  be  a  public  act,  and  shall 
be  in  force  from  and  after  its  passage. 

Approved  February  12,  1853. 


1853.  490 

i«  force  Feb.  AN  ACT  to  chanffc  the  names  of  certain  persons  therein  uamed. 

1853.  ^ 

Section  1.  Be  it  enacted  by  the  peojile  of  the  state  of 
Illinois,  represented  in  the  General  ,/issemhli/,  That  the 
xames  changed,  name  of  John  A.  Smith  be  changed  to  that  of  John  A. 
Rhone,  and  that  his  children,  to  wit :  Weston  Smith,  Roy 
W.  Smith  and  Mary  M.  Smith,  be  respeotively  changed  to 
that  of  Weston  Rhone,  Roy  W.  Rhone  and  Mary  M.  Rhone. 

§  2.  This  act  shall  be  deemed  a  public  act,  and  be  in 
force  from  and  after  its  passage. 

Approved  February  8,  1853. 


In  force  Feb.  10,  AN  ACT  for  the  relief  of  Sajah  B.  Prentice. 

1863. 

Section  1.  Be  it  enacted  by  the  people  oj  the  state  of 
Illinois,  represented  in  the  General  Assembly,  That  the 
auditor  of  public  accounts  be  and  he  is  hereby  authorized 
and  required  to  issue  his  warrant  in  favor  of  Sarah  B. 
Prentice,  for  the  sum  of  four  hundred  dollars,  in  full  pay- 
ment of  a  sum  awarded  to  Cephas  Robbins  for  damages 
sustained  by  him  in  consequence  of  the  Northern  Cross 
Railroad  passing  over  certain  land  owned  by  said  Robbins. 

§  2.     This  act  to  be  in  force  from  and  after  its  passage. 

Approved  February  10,  1853. 


Ill  force  Feb.  11,  AN  ACT  to  amend  an  act,  in  force  February  14,  1851,  entitled  "An  act  to 
1853.  extend  the  time  for  the  payment  of  certain  judgments  against  the  securi- 

ties of  Thomas  M.  White. 

Section  1.     Be  it  enacted  by  the  people  of  the  state  of 

Illinois,  represented  in  the    General  Assembly,  Tiiat  the 

.time  for  the  payment  of  the  said  sums  of  money  recited  in 

ftictenfied.         the  act  to  which  this  IS   an   amendment,  be  and  is  hereby 

extended  until  the  first  day  of  January,  eighteen  hundred 

and  fifty-five. 

»<yi     tion  ex-      §^*     And  be  it  further  enactcd,  i\\d,i  lu  a\\  cd.ses  vfhuTe 

tioded.  lands  have  been  sold  by  virtue  of  judgments  in  favor  of  the 

state,  against  any  of  the  persons  named  in  tiie  act  to  which 

this  is   an  amendment,  the   equity  of  redemption  shall  be 

extended  until  the  first  day  of  January,  eighteen  hundred 

and  fifty-five. 

§   3.     The  persons  named  in  the  act  to  which  tliis  is  an 
amendment  may,  at  any  time  previous  to  the  said  first  day 


491  185a. 

of  January,  eighteen  hundred  and  fifty-five,  pay  the  several 
sums  of  money  therein  named  in  evidence  of  state  indebt- 
edness, which  payment  so  made  shall  satisfy  all  judgments 
obtained  by  this  state  against  said  persons,  and  shall  operate 
as  a  release  of  all  lands  sold  by  virtue  of  executions  issued 
upon  said  judgments. 

Approved  February  14,  1853. 


AN  ACT  to  provide  for  the  settlement  of  a  certain  claim  of  Hart  L.  Stewart  in  force  Feb.  4, 
against  the  state.  ^^3- 

Whereas  by  an  act  of  the  legislature,  passed  at  the  session  Preamble. 

of  1847-'48,  providing  for  the  funding    of  certain  scrip 

and  indebtedness  of  the  state,  in  which  no  provision  was 

made  for  paying  the    expenses  necessarily   involved  in 

funding  the  same,  now  therefore — 

Be  it  enacted  by  the  people  of  the  state  of  Illinois  rep- 
resented in  the    General  Assembly^  That  the  auditor  of 
public  accounts  be  and  he  is  hereby  required  to  draw  his  Auditor  to  iraw 
warrant  upon  the  treasurer  for  the  sum  of  seven  hundred  warrant. 
and  sixty-eight  dollars,  in  favor  of  Hart  L.  Stewart,  in  full  Amount, 
satisfaction  and  final  discharge  of  all  claims,  dues  or  de- 
mands against  the  slate  for   cash,  services  and   expendi- 
tures  incurred   under  the  provisions  of  said  act,  and  ne- 
cessarily involved  in  funding  said  scrip  and  state  indebted- 
ness; and  that  the  same  be  paid  out  of  any  money  in  the 
treasury  not  otherwise  appropriated. 

This  act  to  be  in  force  from  and  after  its  passage. 

Approved  February  4,  1853.  , 


AN  ACT  to  change  the  name  of  the  town  of  New  Lexington,  in  Morgan  In  force  Feb.  12, 
county.  18S3. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Assembly,  That  the 
name  of  the  town  of  New  Lexington,  in  Morgan  county, 
be  changed  to  that  of  Arcadia,  and  that  said  town  shall 
henceforth  be  named   and   called  by  the  name  of  Arcadia. 

§  2.  This  act  shall  be  a  public  act,  and  shall  be  in  force 
from  and  after  its  passage. 

Approved  February  12,  1863. 


1853.  492 

In  force  Feb.  12,  AN  ACT  to  authorize  Will  county  to  pay  Alonzo  Leach. 

1853,  '^  ■' 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Assembly,  That  the 
eountjr  judge  to  county  judge  of  Will  county  is  authorized  to  audit  and 
audit  and  pay.  ^^^^^  ^^  ^^  p^.j  ^^  Alouzo  Leach,  late  sheriflfol  said  county, 
the  sum  of  three  hundred  and  fifty  dollars,  or  such  other 
sum  as  shall  appear  to  be  just,  at  any  regular  term  of  said 
court;  and  the  county  clerk  of  said  county  shall  draw  an 
order  on  the  treasurer  therefor  whenever  the  same  shall  be 
ordered,  which  shall  be  paid  as  other  orders  are  paid. 

§  2.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved  February  12,  1853. 


In  force  Jan.  3l«  AN  ACT  to  vacate  the  town  of  Oporto,  in  the  county  of  Lee. 

1863.  • 

Be  it  enacted  by  the  people  of  the  state  of  Illinois,  repre- 
sented in  the  General  Assembly,  That  the  town  of  Oporto, 
Mat  vacated,      [jy  ^i^g  couuty  of  Lee,  be  and  the  same  is  hereby  vacated, 

and  that  the  title  thereof  remain  and  vest  in  the  owners  and  j 
proprietors  thereof.     This  act  to  take  effect  and  be  in  force 
from  and  after  its  passage. 

Approved  Jan.  31,  1853. 


la  force  Feb.  10,  AN  ACT  for  the  relief  of  the  securities  of  Elisha  W.  Butcher,  late  sheril 
^^^'  of  Offle  county. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  m  the  General  Assembly,  That  th« 
Pro  rata  pay- Securities  of  Elisha  W.  Dutcher,  late  sheriff  and  collectoi* 
«o«ttobemade.^f  rcveuue  for  the  county  of  Ogle,  upon  the  payment  of 
their  respective  pro  ratas  to  the  auditor  of  public  accounts 
of  a  judgment  obtained  against  them  in  the  Sangamon  cir- 
cuit court,  at  the  August  term  thereof,  in  the  year  eighteert 
hundred  and  fifty-one,  for  the  balance  of  revenue  due  the" 
state  for  the  year  eighteen  hundred  and  forty-nine,  for  the 
sum  of  twenty-two  hundred  and  twenty-four  dollars,  be 
and  they  are  hereby  forever  released  from  all  liabilities  on 
account  of  said  bond  and  judgment  thereon.  Said  pro  rata 
payments  shall  be  made  on  or  before  the  first  day  of  De- 
cember, A.  D.  eighteen  hundred  and  fifty-four,  by  the  pay- 
ment of  the  sums  for  which  the  lands  of  the  several  secu- 
rities were  sold,  with  six  per  cent,  per  annum  thereon  from 


493  1853. 

the  date  of  sale  until  paid  :  Provided,  tiiat  nothing  herein  Proviso, 
contained  shall  be  so  construed  as  to  release  the  said  sher- 
iff from  the  debt,  or  any  portion  thereof. 

§  2.     Upon  the  payment  of  the  joro  rata  portions  afore-  saies  to  be  can- 
said,  all  saies  of  land  heretofore  made  by  virtue  of  any  ex-  menfof^ora?^ 
ecution  issued  upon  said  judgment,  are  hereby  set  aside  and  ''^'^^• 
for  nothing  esteemed,  and  the  auditor  of  public  accounts  is 
herelpy  required  to  cancel  said  sales. 

§   3.     Should  said  securities,  or  any  of  them,  fail  to  com-  securities  faiuag 
ply  with  the  provisions  of  this  act,  they  shall  not  be  enti- 
tied  to  the  benefits  thereof;  but  those  who  shall  comply  '**^* 
and  pay  their  proportions,  as  provided  in  this  act,  shall  re- 
ceive from  the  auditor  of  public  accounts  a  full  acquittal 
from   all   liabilities   as  aforesaid:  Provided,  that  nothing  provts 
herein  contained  shall  be  so  construed  as  to  affect  the  lien 
of  the  state  upon. the  land  sold  until  they  shall  be  released 
as  herein  provided. 

§   4.     This  act  shall  be  in  force  from  and  after  its  passage. 

Approved  February  10,  1853. 


AN  ACT  to  vacate  a  certain  alley  in  the  town  of  Morris,  in  Grundy  county,  j^  ^^^^  Pet.  12, 

1853. 

Section  1.     Be  it  enacted  by  the  people  of  the  state  of 
lUinois,  represented  in  the   General  Assembly,  That  the 
alley  extending  from  east  to  west,  through  the   centre  of  Auey  vacated, 
block  number  twenty-three,  in  Chapin's   addition   to  the 
town  of  Morris,  be  and  the  same  is  hereby  vacated. 

§  2.     This  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  February  12,  1853. 


AN  ACT  for  the  relief  of  John  Brink,  late  sheriff  of  McHenry  county. 

Whereas  John  Brink,  then  sheriff  of  McHenry  county,  Preamw«. 
state  of  Illinois,  on  the  seventh  day  of  October,  eighteen 
hundred  and  fifty-two,  started  from  the  said  county  of 
McHenry  to  convey  to  the  penitentiary  at  Alton  two 
persons  who  had  been  duly  convicted  of  crime  in  said 
county  of  McHenry,  and  sentenced  to  imprisonment  in 
the  said  penitentiary,  to  wit :  Chester  Burns  and  William 
Esterly  ;  and  whereas  the  said  William  Esterly,  while 
on  a  steambbat  upon  the  Illinois  river,  while  being  con- 
veyed by  said  sheriff  to  Alton,  at  a  place  near  Chilli- 


1853.  494 

cothe,  the  said  prisoner  threw  himself  into  the  river, 
while  heavily  ironed,  and  was  drowned,  without  fault  on 
the  part  of  said  sheriff;  and  whereas  said  John  Brink 
was  at  considerable  expense  to  recover  the  body  of  hig 
said  prisoner,  and  having  received  no  remuneration  for 
any  of  his  services,  therefore — 

Section   1.     Be  it  enacted  by  the  people  of  the  state  of 

Illinois^  represented  in  the   General  Assembly^  That  the 

Auditor      draw  auditor  of  pubHc  accounts  be  and  is  hereby  directed  to  ia- 

wanantontrea-^^^  liis  waraut  upou  the  treasurer  in  favor  of  John  Brink, 

AmoHDt.  late  sheriff  of  McHenry  county,  in  the  sum  of  one  hundred 

and  six  dollars. 

§  2.  This  act  to  take  effect  from  and  after  its  passage. 
Approved  February  12,  1853. 


iB  force  Feb.  12,  AN  ACT  for  the  relief  of  Henry  C.  Dickerson. 

1863. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois^  represented  in  the  General  Assembly^  That  Henry 
xeetoied  to  his  C.  Dickersou,  of  McLean  county,  be  and  he  is  hereby  re- 
instated and  fully  restored  to  all  his  original  rights,  privi- 
leges and  immunities,  notwithstanding  any  conviction  or 
proceeding  in  any  court  or  place  of  judicature  against  or 
concerning  him.  This  act  and  all  its  provisions  shall  ap- 
ply to  Conrad  Madler,  of  St.  Clair  county,  Illinois. 

§  2.  This  act  to  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  February  12,  1853. 


I«  force  Feb.  3,  AN  ACT  for  the  relief  of  John  M.  Cunningham. 

1353. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Assembly,  That  the 
Anditor  to  draw  auditor  shall  draw  his  warrant  upon  the  treasury  in  favor 
warrant.  ^^  j^j^^  jyj    Cunningham,  who  was  marshal  of  the  district, 

court  of  Massac  county,  for  one  hundred  dollars,  for  his 
services  and  expenses  in  performing  his  duties  in  connee- 
tion  with  said  district  court  of  Massac  county,  under  the 
proclamation  of  the  governor. 

§  2.  This  act  to  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  February  3,  1863. 


495  1863. 

AN  ACT  to  incorporate  the  Scott  County  Canal  Company.  m  force  Feb.  ii, 

Section  1.  Be  it  enacted  hy  the  people  of  the  state  of 
Illinois ,  represented  in  the  General  *^ssembli/,  That  David 
Rankin, William  Pegram,  James  Chiseldine,  Ormsbe  Haynie,  corporators. 
Abner  McWilliams,  Jacob  Bruce,  Campbell  Young,  Irwin 
Young,  David  Smith,  John  Cumby,  and  their  associates, 
assigns  and  successors,  are  hereby  made  and  constituted 
a  body  corporate,  having  succession,  under  the  name  of 
'•The  Scott  County  Canal  Company,"  and  by  that  name  style, 
shall  be  capable  of  suing  and  being  sued,  in  all  courts  of 
law  and  equity,  and  of  contracting  and  being  contracted 
with,  with  power  to  make  all  needful  rules  and  by-laws, 
and  to  exercise  all  necessary  powers  to  carry  into  effect 
the  objects  of  the  company  as  hereinafter  defined. 

§  2.  The  capital  stock  of  said  company  shall  be  ten  capital  stoet. 
thousand  dollars,  divided  into  shares  of  one  hundred  dol- 
lars each;  and  the  company  shall  have  power  to  commence 
operations  upon  the  work  hereafter  named,  whenever  the 
amount  subscribed  shall,  in  the  opinion  of  commissioners, 
hereinafter  mentioned,  be  sufficient  for  the  completion  of 
the  work,  or  its  successful  prosecution;  and  the  company, 
when  organized,  may  choose  five  directors,  to  hold  their 
offices  one  year,  and  until  their  successors  are  elected, 
who  shall  prescribe  the  assessment  and  time  of  collection 
of  the  stock. 

§  3.  This  company,  when  organized,  shall  have  power  Location. 
to  cut  and  to  construct  a  canal  from  Plumb  Point,  in  Scott 
county,  Illinois,  across  the  bottom  to  the  Illinois  river,  to 
a  point  at  or  near  Pegram's  ferry  landing,  of  sufficient 
width  and  depth  for  flat  and  keel-boats,  and  to  obtain  right 
of  way  for  said  canal,  and  thirty  feet  on  each  side  of  the 
same  for  a  road  and  tow-path,  in  pursuance  of  the  statutes 
of  this  state  ;  to  build  all  necessary  locks  and  appendages 
of  whatever  kind,  and  to  own  all  necessary  boats  and 
other  property,  to  accomplish  the  objects  of  the  company, 
to  wit :  the  transportation  of  goods,  and  other  property, 
from  the  Illinois  river  to  the  bluffs. 

§  4.  Said  company  shall  be  permitted  to  charge  tolls  tous. 
on  all  goods  or  property  transported  through  said  canal, 
not  exceeding  three  cents  per  hundred  pounds,  and  shall 
always  keep  said  canal  supplied  with  sufficient  boats  and 
men,  and  other  means  of  transportation,  except  when  the 
navigation  is  stopped  or  suspended  from  unavoidable 
causes. 

§  5.     William  Pegram,  Irwin  Young  and  David  Rankin,  oommi«ioi«r». 
shall  be   commissioners,  together  with  any  other  persons 
a  majority   of  them  may   select,  who   shall  proceed,  after 
twenty  days'  notice  by  publication  in   the  nearest  news- 
paper, naming  the  lime  and  places  to  open  books  for  sub- 


1853.  496 

scription  to  their  stock,  and  when  sufficient  stock  is  sub- 
scribed the  stockholders  shall  be  called  together  by  said 
commissioners  by  personal  notice  served  on  each,  and  they 
shall  proceed  to  elect  directors,  each  share  having  one 
vote,  and  when  elected  they  shall  elect  one  of  their  num- 
ber president,  appoint  a  secretary  and  treasurer,  who  may 
also  be  members  of  the  board,  and  the  stockholders  may, 
from  time  to  time,  increase  the  number  of  directors,  if 
deemed  expedient. 

§  6.  When  directors  are  thus  chosen,  and  officers  ap- 
pointed, the  company  shall  be  considered  organized,  and 
when  ten  per  cent,  of  the  stock  subscribed  is  paid  in,  may 
proceed  with  their  work. 

Period  of  force  of      §   7.     This   charter  shall  be   in  force  for  the  period  of 

charter.  thirty  ycars  from  the  passage  of  this  act :  Provided,  that 

the  same  shall  be  forfeited  for  non  user  in  five  years. 

^  ^^^^  §   8.     Thirty  days'  notice  shall  be  given  to  all  tlie  stock- 

holders of  each  and  every  assessment,  and  the  amount  o 
the  same,  (after  the   first,)  before  the   same  shall  be  col- 
lectable. 

Dauia  68  §  9'     If  ^J^y  person  or  persons  shall  be  guilty  of  doing 

any  wilful  damage  to  the  said  canal,  property  or  appurte- 
nances, the  person  so  offending  shall  be  liable  to  indict- 
ment, and  on  conviction  may  be  fined  in  any  sum  not  ex- 
ceeding five  hundred  dollars;  and  the  circuit  court  of 
Scott  county  shall  have  jurisdiction  in  the  premises,  and 
the  parties  so  offending  may  be  committed  by  any  justice 
of  the  peace  of  said  county,  as  in  case  of  malicious  mis- 
chief. 

Dividends.  §    1^'     Dividends   of   the   net  proceeds   of    said   canal 

shall  be  made  at  such  periods  as  the  directors  shall  by 
their  by-laws  provide. 

Warehouses.  §   H-     The  Company  shali  providc  good  safc  warchouses 

at  each  end  of  said  canal,  and  afford  every  necessary 
facility  for  the  storage  and  protection  of  goods  and  pro- 
perty, unless  one  of  said  houses  shall  be  dispensed  with 
by  a  majority  of  the  company. 

Circuit  court de-      §   12.     If  the  Company  shall  fail  to  comply  substantially 
(^are  nnii  and  ^[(h   the  provisious  of  this    charter  the  circuit    court   of 
Scott  county  may,  after  full   investigation,  upon  complaint 
made  in  the  name  of  the  people,  declare  the  same  null  and 
void. 

§  13.  The  capital  stock  may  be  increased  to  any  sum 
not  exceeding  twenty  thousand  dollars,  if  found  necessary. 
§  14.  This  charter  shall  be  construed  liberally  for  the 
benefit  of  the  company,  shall  be  deemed  and  taken  as  a 
public  act,  and  this  act  shall  be  in  force  from  and  after  its 
passage. 

Approved  February  ll,  1863. 


void. 


497  1853. 

AN  ACT  to  incorporate  the  Oregon  Union  Institute.  in  force  Feb.  12. 

1353. 

Section  1.  Be  it  enacted  by  the.  people  oj  the  state  of 
Illinois^  represented  in  the  General  Assembly^  That  James 
V.  Gale,  Edward  F.  Dutcher,  Isaac  S.  Woolley,  Henry  A.  corporators. 
Mix,  Charles  F.  Emerson,  Robert  B,  Light,  Bowman  W. 
Bacon,  Daniel  Etnyre,  Pyam  Jacobs,  Joseph  Wagner, 
Thomas  H.  Potwine,  Philip  R.  Bennett,  jr.,  Thomas  Stin- 
son,  Hiram  Read,  John  James,  Williard  P.  Flagg,  E.  Pay- 
son  Snow,  Jehill  Day,  William  J.  Mix,  Leonard  Andrews 
and  Solon  Cuniens,  and  their  successors,  be  and  they  are 
hereby  created  a  body  politic  and  corporate,  to  be  styled  style. 
"The  Oregon  Union  Institute,"  and  by  that  name  to  remain 
in  perpetual  succession,  with  power  to  contract  and  be 
contracted  with,  to  sue  and  be  sued,  to  acquire,  hold  and 
convpy  property,  real,  personal  and  mixed;  to  have  and  use 
a  common  seal,  and  alter  the  same  at  pleasure;  to  make  and 
alter  by-laws  for  the  government  of  the  corporation,  its 
officers,  agents  and  servants  :  Provided,  such  by-laws  be 
not  inconsistent  with  the  constitution  and  laws  of  the  Uni- 
ted States  or  of  this  state. 

§  2.     The  object  of  the  corporation  shall  be  the  estab- objects. 
lishment  and  support  of  education. 

§  3.  The  said  institution  shall  be  located  in  the  town  Location. 
of  Oregon,  in  the  county  of  Ogle,  and  the  persons  named 
in  the  first  section  of  this  act,  and  their  successors,  shall 
be  trustees  thereof.  Said  trustees  shall  have  power  to  lo- 
cate and  erect  the  necessary  buildings;  to  appoint  a  prin- 
cipal and  all  such  instructors  and  instructresses,  and  em- 
ploy all  such  agents  as  may  be  requisite  to  the  purposes 
of  the  corporation;  to  dismiss  or  remove  any  or  all  of  them 
at  their  pleasure,  and  to  appoint  or  employ  others  in  their 
stead.  The  trustees  shall  also  have  power  to  prescribe 
the  course  of  study,  fix  the  prices  of  tuition  and  determine 
the  compensation  of  the  principal  and  all  other  persons 
employed  in  the  institution;  and  it  is  especially  provided 
that  the  institution  shall  be  forever  free  from  ail  sectarian 
control,  influence  or  bias  whatever. 

§  4.  The  said  corporation  shall  have  power  to  receive,  j^^^i^.g  j,^.,jpg^. 
by  gift,  grant,  devise  or  bequest,  property,  real,  person-  ^>- 
al,  or  mixed,  and  to  hold  and  use  the  same,  with  the  is- 
sues, rents  and  proceeds  thereof,  for  the  purposes  of  the 
institution :  Provided,  that  the  whole  amount  of  property 
so  held  by  said  trustees,  exclusive  of  legacies  and  dona- 
tions, shall  not  amount,  at  any  one  time,  to  more  than  twen- 
ty thousand  dollars. 

§  5.     Ail  money,  property,  rents,  choses  in  action,  and  Application ,    «f 
other  valuables  so  received  by  said  trustees,  shall  be  faithful-  p"^°<'*'='^»- 
ly  applied  to  the  erection  ofbuildings,  the  purchase  of  furni- 
ture, books,  maps,  charts, 'globes,  philosophical,  astronom- 
G2 


1853. 


498 


ical,  chemical  and  other  apparatus  necessary  to  the  success 
of  the  institution,  and  to  the  payment  of  the  principal  and 
others  employed  by  the  trustees  :  Provided^  that  when  the 
funds  of  said  institution  shall  exceed  the  sum  of  five  thou- 
sand dollars  then  said  excess  may  be  appropriated  as  here- 
inafter provided. 

Subscriptions.  §   6.     The  trustccs  shall  have  power  to  receive   sub- 

scriptions from  all  persons,  and  to  collect  the  same,  for  the 
purpose  of  advancing  and  supporting  said  institution;  and 
when  any  person  shall  subscribe  the  sum  of  twenty-five 
dollars  he  shall  be  entitled  to  one  share  and  one  vote  as  a 
stockholder  in  said  institution,  and  shall  be  entitled  to  a 
receipt  therefor  from  the  treasurer  of  said  institution;  and 
when  any  person  shall  subscribe  three  shares  he  shall  be 
entitled  to  two  votes,  and  the  subscriber  to  seven  shares 
shall  be  entitled  to  three  votes,  and  so  on  in  that  propor- 
tion. 

^,_^^  ,^^^  §   7.     That  on  the   first  Wednesday  of  May  next,  or  on 

some  Wednesday  within  two  months  thereafter,  the  time 
to  be  designated  by  a  majority  of  said  trustees  herein 
named,  and  not  until  three  thousand  dollars  are  subscribed, 
said  stockholders  shall  meet  at  the  said  town  of  Oregon 
and  organize  said  institution  by  electing  from  their  body 
not  less  than  nine  nor  more  than  twenty-one  trustees,  the 
exact  number  to  be  determined  by  said  stockholders  so 
met:  Said  stockholders  to  elect  said  trustees  in  three 
classes — the  first  class,  one-third  of  said  number,  to  be 
elected  for  the  term  of  three  years,  and  the  second  class, 
also  one-third  of  said  number,  for  the  term  of  two  years, 
and  the  third  class  for  the  term  of  one  year;  and  each  class 
to  hold  their  office  until  their  successors  are  elected,  and 
ever  afterwards  each  class  to  be  elected  for  three  years. 

§  8.  That  the  said  James  V.  Gale,  Edward  F.  Butch- 
er, Isaac  S.  Woolley,  Henry  A.  Mix,  Charles  F.  Emerson, 
Robert  B.  Light,  Bowman  W\  Bacon,  Daniel  Etnyre,  Pyam 
Jacobs,  Joseph  Wagner,  Thomas  H.  Potwing,  Philip  R. 
Bennett,  jr.,  Thomas  Stinson,  Hiram  Read,  John  James, 
Willard  P.  Flagg,  E.  Payson  Snow,  Jehiel  Day,  William 
J.  Mix,  Leonard  Andrews  and  Solon  Cuniens,  the  original 
trustees  named  herein,  shall,  upon  the  election  of  said 
trustees  by  said  stockholders  as  herein  provided,  immedi- 
ately turn  over  to  the  trustees  so  elected,  as  their  legal  suc- 

Doiiver     book^,  cessors,  all  of  the  books,  papers,  property,  implements, 

^'^'  materials  and  all  other  things  belonging  and   appertaining 

to  said  institution  ;  and  said  trustees  so  elected  shall  have 
as  free  and  as  ample  power  in  all  things  as  is  herein  given 
to  the  trustees  named  herein. 

presiaent.  §  9.     The  trustces  so  elected  by  said  stockholders  shall 

elect  from  their  own  body  one  president,  to  hold  his  office 
during  the  time  for  which  he  was  elected  a  trustee,  and 


499  1853. 

one  treasurer,  who  shall  hold  his  office  at  the  will  of  said 
trustees;  and  said  trustees  shall  also  elect  from  among 
said  stockholders,  whether  he  is  a  trustee  or  not,  one  sec- 
retary, who  shall  hold  his  office  for  the  term  of  five  years, 
unless  removed  by  a  vote  of  at  least  two-thirds  of  said 
trustees.  The  separate  duties  of  said  officers,  besides 
what  are  herein  provided  for,  to  be  prescribed  by  the  by- 
laws of  said  institution. 

§  10.  The  treasurer,  before  entering  upon  his  duties,  Treasurer, 
shall  give  a  bond  for  the  faithful  performance  of  his  duty 
in  such  a  sum  and  upon  such  conditions  as  said  trustees 
shall  direct;  and  all  forfeitures  upon  said  bond  shall  be  col- 
lected in  the  name  of  said  institution,  for  its  use  and  bene- 
fit ;  the  treasurer  shall  also  provide  himself  with  books  in 
which  the  names  of  all  the  subscribers  and  the  amount  by  ' 
each  subscribed  shall  be  entered,  as  well  as  all  payments 
made  upon  such  subscription,  and  he  shall  also  enter  in  said 
books  an  exact  description  of  all  property  received  by  gift, 
grant  or  by  purchase,  and  if  real  estate,  it  shall  be  de- 
scribed in  said  books  as  described  in  the  title  papers,  and 
the  entries  of  each  kind  of  property  shall  be  kept  by  them- 
selves ;  he  shall  also  give  receipts  for  money  paid  in  on 
subscription  to  the  person  paying  the  same,  and  shall  an- 
nually, and  oftener  if  required  by  the  trustees,  report  to 
them  all  matters  in  the  line  of  his  duties,  and  shall  exhibit 
his  books  for  the  inspection  of  the  trustees  whenever  by 
them  required. 

§   11.     The  secretary  shall  keep  a  correct  record  of  the  sacietarv. 
proceedings  of  the  stockholders,  and  also  be  the  secretary 
of  the  board  of  trustees. 

§    12.     A  majority  of  the  trustees  shall  constitute  a  quo- 
rum, and  may  do  the  business  of  the  board. 

§  13.  The  annual  meetings  of  the  trustees  shall  be  on  Ammai  meot- 
the  day  of  the  annual  meeting  of  the  stockholders,  and  their  '"^^' 
annual  meeting  shall  be  held  at  a  time  and  place  designa- 
ted by  themselves  at  a  previous  annual  meeting  each  year: 
Provided^  the  secretary  shall  be  authorized  to  call  special 
meetings,  by  giving  public  notice  thereof,  whenever  re- 
quested so  to  do  by  the  president  and   two  other  trustees. 

§  14.  The  stockholders  shall  meet  annually,  on  the  same  Elect  trustees. 
day  of  the  annual  meetings  of  the  trustees  and  elect  one- 
third  of  the  number  of  trustees  to  fill  the  vacancies  of  those 
whose  term  of  office  shall  then  expire  :  Provided,  that  the 
principal  or  any  teacher  in  said  institution  may  be  a  stock- 
holder in  said  institution,  but  in  no  case  shall  such  principal 
or  teacher  be  a  trustee  while  he  is  so  acting  as  principal 
or  teacher.  Api>iication     er 

§   15.     The  said  trustees   are  hereby  required  first,  to  '"''"''^''• 
appropriate  a  sufficient  amount  of  the  funds  of  this  institu- 
tion  to  the  permanent  organization  and  support   of  the 


1853. 


500 


Exempt 

taxation 


same ;  and,  second,  the  balance,  if  any,  may  be   invested 
in  a  permanent  fund,  and  the  profits  thereof  be  applied,  by 
the  board,  for  the  establishment  of  professorships,  or  the 
education  of  orphans,  or  in  any  other  manner   consistent 
,  with  the  best  interest  of  the  institute  hereby  incorporated. 
§   16.     The  tract  of  land  on  which  the  buildings  of  the 
institute  may  be  erected,  together  with  all  the  furniture, 
books  and  apparatus  belonging  to   said  institute,  shall  be 
Collect  Babscrip- exempt  from  all  taxes.  ,      •     j       j 

tio»3-  §   17-     The   trustees   are    hereby  fully   authorized   and 

empowered  to   collect,   in  the  name   of  said  institute,  all 
subscriptions  which  may  have  been  made  for  the  purpose 
of  founding  and  establishing  the  same  prior  to  the  passage 
of  this  act. 
'  §   18.     This  act  shall  be  deemed  a  public  act,  and  may 

be  used  as  evidence  without  being  specially  pleaded. 
Approved  February  12,  1853. 


In  force  Feb.  11,  AN  ACT  to  amend  an  act   to  incorporate  the  colleges  therein  named,  auoi 
1853.  the  acts  amendatory  thereto. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  Oj 
Illinois,  represented  in  the  General  ^ssembli/,  That  thti 
act  entitled  "An  act  to  incorporate  the  colleges  therein 
named,"  approved  February  9th,  1835,  and  the  severa; 
acts  amendatory  thereto,  be  and  the  same  are  hereby  sc; 
amended  that  the  board  of  trustees  shall  be  authorized  tc\ 

TnisteesdiBtribu-jjigtribute,  by  lot   or  otherwise,   said   trustees   into  threr 

u.dintoci.ssea.^_^^^^^^^  classcs,  SO  that  the  terra  of  office  of  one  of  thosj 
several  classes,  alternately,  shall  expire  annually,  at  suclj 
time  as  the  trustees  shall  determine,  and  a  new  electioij 
shall   be    held  at    such  time   by  the  trustees  for  the  timi| 

Proviso.  being,  to  fill  the  vacancy  so  created  :  Provided,  however  \ 

if  the  said  board  of  trustees  shall  fail  so  to  elect  when  th< 
term  of  office  of  any  one  cUiss  shall  expire,  such  class  shal 
be  entitled  to  hold  their  seats  till  the  said  trustees  shal 
enter  upon  an  election  to  fill  such  vacancy. 
,,  „-,.  ,,3  I  2.  So  much  of  the  said  act  as  requires  the  trustees  o 
Shurtlefi-CoUegetofillallvacanciesoccurringintheirboar. 
from  persons  resident  in  the  state  of  Illinois,  is  hereby  re 
pealed. 
ntcrc.t  §  3.     The  trustees  of  Shurtleff  College  are  hereby  au 

^"*'''' "  thorized  to  contract  for  and  receive,  on  all  sums  due  or  here 

after  to  become  due  to  said  college,  interest  at  such  rate 
as  are  specified  in  such  agreement,  not  exceeding  ten  pe 
cent,  per  annum. 

Approved  February  11,  1853. 


501  1853. 

AN  A.CT  to  vacate  a  part  of  the  town  plat  of  the  town  of  Burton.         lu  force  Feb.  12. 

1853. 

Section  1.  Be  it  enacted  by  the  2ieople  of  the  state  of 
Illinois,  represented  in  the  General  Jisse7nbly,  That  the 
public  square,  and  that  part  of  Broadway  street  that  runs  vacated, 
between  blocks  live  and  six,  in  the  original  town  plat  of 
the  town  of  Burton,  in  the  county  of  Adams,  shall  be  and 
is  hereby  vacated  :  Provided,  the  same  shall  be  reserved 
for  the  exclusive  use  of  schools,  and  in  no  case  be  sold  or 
conveyed  for  any  other  purpose. 

§  2.     This  act  to  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  February  12,  1853. 


AN  ACT  to  vacate  a  certain  street  in  the  tov?n  of  Hennepin.  In  force  Fei..  1; 

1853. 

Be  it  enacted  by  the  jicoph  of  the  state  of  Illinois,  repre- 
sented i7i  the  General  Assembly,  That  all  of  Water  street, 
in  "West  Addition  to  Hennepiij,"  be  and  the  same  is  here- street  vacated. 
by  declared  vacated.  Said  street  hereby  vacated  is  here- 
by attached  to  and  declared  to  belong  to  the  lots  fronting 
the  same  on  the  east  side  thereof. 

Tills  act  to  take  effect  and  be  in  force   from  and  after 
its  passage. 

Approved  February  12,  1853. 


AN  ACT  to  vacate  a  part  of  Front  street,  in  the  town  of  Menard,  in  Ran-  in  force  Feb 
dolph  county.  1853. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Assembly,  That  forty  Tooet^Ki. 
feet  on  the  south  side  of  Front  street,  and  running  the 
whole  length  of  the  Mill  square  of  H.  C.  Cole,  in  the  town 
of  Menard,  in  the  county  of  Randolph,  be  and  the  same 
is  hereby  vacated. 

§   2.     This  act  to  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  February  12,  1853. 


1853.  502 

III  force  Feb.  12,  AN  ACT  to  vacate  a  certain  alley  in  the  city  of  Bloomington. 


1853. 


Section  1.  Be  it  enacted  by  the  peojile  of  the  state  of 
ntinois,  represented  in  the  General  .Assembly,  That  the 
alley  dividing  lots  forty-one,  forty-two,  forty-three  and 
forty-four,  in  Morton's  addition  to  the  city  of  Bloomington, 
be  and  the  same  is  hereby  vacated. 

§  2.  This  act  to  be  in  force  and  take  effect  from  and 
after  its  passage. 

Approved  February  12,  1853. 


lu  force  Feb.  13,  AN  ACT  to  vacate  a  part  of  Squaw  Lane,  in  Martin's  addition  to  Naper- 
1863.  ville,  Du  Page  county. 

Section  1.  Be  it  enacted  by  the  peojjle  of  the  state  of 
Illinois^  represented  in  the  General  t/lssembly,  That  so  much 
Vacated.  of  a  Certain  lane  in  Martin's  addition  to  Naperville,  known 

and  designated  upon  a  plat  of  said  addition,  recorded  in  the 
recorder's  office  of  Du  Page  county  as  "Squaw  Lane,"  as  is 
located  through  block  No.  5,  and  running  from  Main  to 
Washington  streets,  be  and  the  same  is  hereby  vacated. 
And  that  so  much  of  said  lane  as  is  hereby  vacated  shall 
belong  to  and  the  title  thereto  is  hereby  vested  in  the 
owners  of  the  adjoining  lot. 

This  act  to  take  effect  and  be  in  force  from  and  after 
its  passage. 

Approved  February  12,  1853. 


ce  Feb.  10,  AN  ACT  to  vacate  the  town  plat  of  the  town  of  Pittsburfrh,  in  the  count}- 
1853.  of  Jersey. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the  General  */9ssembly,  That  the 
e'l.  town  plat  of  the  town  of  Pittsburgh,  in  the  county  of  Jer- 

sey, be  and  the  same  is  hereby  vacated. 

§  2.     This  act  to  be  in  force  from  and  after  its  passage. 

Approved  February  10,  1853. 


503  1853. 

AN  ACT  to  vacate  the  plat  of  the  town  of  Allenton.  lu  force  Fri 

1853. 

Section  1.     Be  it  enacted  by  the  jieople  of  the  state  of 
li/mois,  represented  in  the  General  Jissemhly^  That  the 
town  plat  of  the  town  of  Allenton,  in  the  county  of  Ciiris-  vacau-a. 
tian,  be  and  the  same  is  hereby  vacated. 

§  2.     Tiiis  act  to  be  in  force  from  and  after  its  passage. 

Approved  February  10,  1853. 


AN  ACT  to  vacate  a  part  of  the  town  plat  of  Rapids  City,  in  Whiteside  inforceFeb. 
county.  \^'i. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Jissembly,  That  so 
much  of  the  southwest  quarter  of  section  number  twenty- vacat&;i. 
eight  (28,)  in  township  No.  twenty-one  (21)  north,  range 
No.  seven  (7,)  east  of  the  fourth  principal  meridian,  in 
"Whiteside  county,  as  is  laid  out  into  town  lots,  known  as 
a  part  of  Rapids  City,  be  and  the  same  is  hereby  vacated. 

Approved  February  11,  1853. 


AN  ACT  vacatins;  certain  alleys  in  the  tov?n  of  Oswefro,  in  the  county  of  In  fci^f-  ^ 
^   Kendall.  ^'^'^ 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Assembly,  That  the 
alley  in  block  number  one  in  Louck's  and  Stafford's  addi- '^■''-a''^- 
tion  to  the  town  of  Oswego,  in  the  county  of  Kendall,  and 
the  alley  in  block  one  in  Judson's  addition  to  said  town, 
according  to  the  recorded  plat  thereof,  in  the  recorder's 
office  of  said  county,  be  and  the  same  are  hereby  vacated. 

Approved  February  11,  1853. 


AN  ACT  to  vacate  an  alley  in  the  town  of  Ottawa.  In  force  Feb.  i 

^  1S53. 

Whereas  by  agreement  between  the  corporate  authorities  PreambJe. 
of  the  town  of  Ottawa  and  the  owners  of  block  63  in  the 
state's  addition  to   said  town,  the  alley  running  through 
the  centre  of  said  block  and  the  small  square  in  the  cen- 


1853. 


504 


tre  thereof  have  been  abandoned  for  any  public  use,  and 
an  alley  thirty  feet  in  width  has  been  opened  to  the  pub- 
lic use  on  the  eastern  end  of  said  block,  on  the  bank  of 
Fox  river  ;  therefore — 

Section  1.  Be  it  enacted  hy  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Assembly,  That  the 
alley  and  square  in  block  No.  63,  in  the  state's  addition  to 
the  town  ot  Ottawa,  in  the  county  of  La  Salle,  be  and  the 
same  are  hereby  vacated  and  attached  to  lots  adjoining 
said  alley  and  square,  and  that  an  alley  be  opened  on  the 
eastern  end  of  said  block,  thirty  feet  wide  :  Provided,  the 
owners  of  said  lot  shall,  within  six  months  from  the  passage 
of  this  act,  execute,  acknowledge  and  record  an  instru- 
ment which  shall  dedicate  to  the  public  use  the  said  thirty 
feet  in  width  on  the  eastern  end  of  said  block. 

§  2.  This  act  to  be  in  force  from  and  after  its  passage. 
Approved  February  12,  1853. 


In  force  Feb.  10,  AN  ACT  to  incorporate  tlie  Rocktcn  Water  Power  Company. 

1853. 

Section  1.     Be  it  enacted  by  the  peoj)le  of  the  state  of 
Illinois,  represented  in  the  General  t.'Issembly,  That  Wil- 

coiporatois.  liam  Talcott,  Thomas  B.  Talcott,  John  R.  Peterson,  Phi- 
lander Bird,  Wait  Talcott,  Svlv.  Talcott,  A.  H.  Merrill, 
F.  W.  Merrill,  F.  L.  Wright,  S.  F.  Merrill,  Henry  W. 
Talcott,  W.  H.  McLean  and  Benjamin  Durham,  of  Win- 
nebago county,  and  their  associates,  successors  and  assigns, 
are  hereby  constituted  a  body  politic  and  corporate,  by  the 

?tyi  ■.  name  and  style  of  "The  Rockton  Water  Power  Company." 

j.o^vcrs.  §   2.      Said  company  shall  be  competent  to  contract  and 

be  contracted  with,  and  be  capable,  in  law  and  equity,  to 
sue  and  be  sued,  plead  and  be  impleaded,  to  answer  and 
be  answered  unto,  to  defend  and  be  defended,  in  all  courts 
and  places,  and  in  all  matters  whatsoever.  Said  corpo- 
ration may  have  and  use  a  common  seal,  which  they  may 
alter  or  change  at  pleasure  ;  and  may  also  make  and  put 
in  execution  such  by-laws,  ordinances  and  regulations  as 
may  be  necessary  for  tlie  good  government  of  said  corpora- 
tion, and  the  prudent  and  efficient  management  of  its  affairs  : 
Provided,  the  same  be  not  inconsistent  with  the  spirit  of 
this  act,  the  constitution  of  this  state,  and  the  constitution 
of  the  United  States. 

Capital  block.  §  3.  The  capital  stock  of  said  company  shall  be  fifty 
thousand  dollars,  divided  into  shares  of  fifty  dollars  each, 
and  the  said  corporation  may  have  power  to  increase  their 
capital  stock  to  any  amount  not  exceeding  two  hundred 
and  fifty  thousand  dollars,  if  such  amount  shall  be  deemed 


505  1853. 

necessary  to  be  by  them  expended  in  the  erection  of  mills, 
machine  works,  boats,  wagons,  necessary  buildings,  dig- 
ging such  runs  and  canals  as  maybe  necessary  to  carry  on 
their  business,  and  also  to  be  expended  in  other  materials. 

§  4.  In  order  to  facilitate  the  business  operations  of  issue  bonds. 
said  company  or  corporation,  they  shall  be  authorized  to 
obtain  any  sum  or  sums  of  money  on  the  issue  of  their 
bonds  or  other  evidence  of  debt;  also  to  negotiate  a  loan 
or  loans  of  money  to  the  amount  of  its  capital  stock,  and 
to  pledge  all  its  property,  real  and  personal,  and  all  its 
rights,  credits  and  franchises  for  the  payment  thereof: 
Provided^  that  the  evidence  of  debt  authorized  by  this 
section  shall  not  be  issued  for  the  purpose  of  circulating 
as  money. 

§  5.  Said  corporation  shall  have  the  right  to  erect  a^'^'''^^'- 
dam  across  the  Rock  river  on  the  southwest  quarter  of 
section  number  thirteen,  in  township  number  forty-six 
north,  and  range  one,  east  of  the  third  principal  meridian, 
in  the  county  of  Winnebago,  to  the  height  of  not  exceed- 
ing five  feet  above  low  water  mark :  Provided.^  that  said 
grant  shall  not  be  construed  so  as  to  prevent  the  state  from 
improving  said  Rock  river  at  the  place,  by  dams,  locks,  or 
in  any  other  mode,  at  any  time  hereafter,  for  the  purpose 
of  slack  water  navigation,  or  otherwise. 

§   6.     That  said  corporation  may  purchase  and  hold  such  ^'^ai'^state. 

real  estate  as  may  be  deemed  necessary  for  the  transaction 
of  its  business  :  Provided,^  the  same  shall  not  exceed  six 
hundred  and  forty  acres;  and  said  corporation  may  hold  as 
securities  any  real  estate  mortgaged  or  pledged  to  secure 
the  payment  of  debts  due,  or  that  may  become  due  to  said 
corporation ;  and  also,  may  purchase  on  sales  made  by 
virtue  of  any  judgment  at  law,  or  any  decree  of  a  court  of 
equity  in  favor  of  said  corporation,  to  take  and  receive 
real  estate  in  payment,  or  towards  the  satisfaction  of  any 
debt  previously  contracted  or  due  said  corporation,  and  to 
hold  the  same  until  they  can  conveniently  and  advantage- 
ously sell  and  convert  the  same  into  money  or  personal 
property,  and  to  sell  and  convey  said  real  estate  or  any 
part  thereof:  Provided^  all  real  estate  purchased  under 
judgment  of  any  court  of  law  or  decree  of  any  court  of 
equity,  or  taken  in  payment  of  debts  as  aforesaid,  shall  be 
sold  within  five  years  from  the  date  of  purchase  as  afore- 
said, otherwise  the  same  shall  be  forfeited  to  the  state  of 
Illinois. 

§  7.  This  act  is  hereby  declared  a  public  act  and  shall 
take  effect  from  and  after  its  passage,  and  remain  in  full 
force  for  sixty  years. 

Approved  February  10,  1853. 


1853. 


506 


Annual 


,  AN  ACT  to  incorporale  the  Peoria  Female  Ac!<demy. 

Section  1.  Be  it  enacted  hy  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Assemhhj,  That  John 
Hamlin,  Amos  P.  Bartlett,  Washington  Cockle,  John  L. 
Griswold,  Jacob  Gale,  and  the  other  stockholders  of  a 
joint  stock  company,  in  the  city  of  Peoria,  called  "The 
Peoria  Female  School  Association,"  and  their  associates, 
successors  and  assigns,  be  and  they  are  hereby  created  a 
body  politic  and  corporate,  by  the  name  and  style  of  ''The 
Peoria  Female  Academy,"  and  by  that'  name  and  style  to 
have  perpetual  succession,  for  the  purpose  of  establisliing 
and  maintaining,  in  the  town  of  Peoria,  an  institution  for 
the  education  of  females. 

§  2.  The  corporation  hereby  created  shall  have  power, 
by  their  corporate  name,  to  contract,  to  sue  and  be  sued, 
to  acquire,  receive  and  hold,  by  purchase  or  otherwise, 
property,  real,  personal  or  mixed,  and  to  use,  manage  and 
employ,  or  sell  and  dispose  of  all  such  property  or  money 
belonging  to  said  incorporation,  in  such  manner  as  to  them 
shall  seem  proper  for  the  promotion  of  the  objects  and  in- 
terest of  said  corporation,  and  to  make  and  establish  all 
such  rules,  by-laws  and  regulations  for  the  management  of 
said  institution  and  corporation  as  they  may  deem  proper, 
not  inconsistent  with  the  laws  of  this  state. 

§  3.  The  officers  of  said  corporation  shall  be  a  pre- 
sident, secretary,  treasurer,  and  board  of  directors,  to 
be  elected  annually  by  the  majority  of  the  vote  of  the 
stockholders  present  and  voting  at  the  meeting  held  for 
such  election.  There  shall  be  three  directors  besides  the 
president  and  secretary,  who  shall  also  be  directors. 

§  4.  The  articles  of  association  of  the  said  Peoria  Fe- 
male School  Association,  and  the  by-laws,  rules  and  regu- 
lations of  said  association,  not  inconsistent  with  this  act  of 
incorporation,  shall  be  and  remain  the  rules^  regulations 
and  by-laws  of  this  corpoartion  until  the  same  shall  be  re- 
pealed or  changed  by  the  corporation;  and  all  the  property, 
rights  and  credits  of  said  Peoria  Female  School  Associa- 
tion shall  be  and  are  hereby  vested  in  this  association;  and 
the  officers  of  said  association  shall  be  and  remain  the  of- 
ficers of  this  corporation  until  their  successors  are  elected 
at  the  next  annual  meeting  of  the  stockholders. 

§  5.  The  annual  meeting  of  the  stockholders  for  the 
election  of  officers,  &c.,  shall  be  on  the  fourth  Saturday  of 
the  month  of  January  of  each  year;  and  in  case  it  should 
so  happen  that  an  election  of  officers  should  not  be  made 
at  said  annual  meeting,  or  such  annual  meeting  should  not 
be  held,  this  corporation  shall  not  for  that  cause  be  deemed 
dissolved,  but  it  shall  be  lawful  on  some  other  day  to  call  a 
meeting  of  stockholders  and  elect  officers  in  such  manner 


507  1853. 

as  is  or  shall  be  prescribed  by  the  by-laws  and  regulations 
of  this  corporation,  and  the  old  officers  shall  act  until  their 
successors  are  elected. 

§  6.  The  land,  lots,  buildings,  library,  furniture,  phi-Exompt  from 
losophical  or  other  apparatus  is  hereby  and  the  same  shall 
be  forever  exempt  from  taxation  for  state,  county,  town 
and  city  corporation  purposes,  and  also  exempt  from  exe- 
cution for  other  than  debts  or  demands  against  the  cor- 
poration in  its  corporate  capacity,  except  for  debts  of  the 
stockholders  due  the  corporation.  This  act  to  be  deemed 
and  taken  to  be  a  public  act,  to  be  amended  by  the  legis- 
lature, and  in  force  from  and  after  its  passage. 

Approved  February  11,  1853. 


AN  ACT  to  amend  an  act  entitled  '"'An  act  to  incorporate  the  Rock  River  in  force  Feb.  14. 
Seminary,  in  Ogle  county,  Illinois,  by  incorporating  in  connection  there-         1853. 
with  a  university  by  the  name  and  title  of  Rock  River  University. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Jissemhly ,  That  Daniel 
J.  Pinckney,  Frederick  B.  Brayton,  Frederick  J.  Petvie,  corporators, 
Jacob  CofFman,  Enoch  Wood,  Andrew  Newcorns,  Henry 
Waggoner,  Hooper  Crews,  Leander  S.  Walker,  Henry 
Green,  Luke  Hitchcock  and  Samuel  M.  Hitt,  and  their 
successors  in  office,  be  and  they  are  hereby  created  a  body 
politic  and  corporate,  under  the  name  and  style  of  "The  style. 
Rock  River  University,"  and  henceforth  shall  be  styled 
and  known  by  that  name,  and  by  that  name  and  style  to 
remain  and  have  perpetual  succession  :  Provided,  that  the 
Rock  River  Conference  of  the  M.  E.  Church  may,  upon 
the  recommendation  of  said  board  of  trustees,  enlarge  said 
board  to  a  number  not  exceeding  twenty.  Seven  mem- 
bers shall  constitute  a  quorum  for  the  transaction  of  busi- 
ness, except  at  the  annual  meeting,  when  a  majority  of 
the  whole  board  must  be  present. 

§  2,  The  corporate  powers  hereby  bestowed  shall  be  conx)rate  pow- 
the  following,  to  wit:  to  make  contracts,  to  sue  and  be 
sued,  to  plead  and  be  impleaded,  and  to  grant  and  receive 
by  their  corporate  name;  to  accept,  acquire  by  purchase 
or  sell  property,  real,  personal  or  mixed,  in  all  lawful  ways; 
to  use,  employ,  manage  and  dispose  of  all  such  property 
and  all  moneys  belonging  or  that  may  belong  to  said  cor- 
poration, in  such  way  as  to  them  shall  seem  best  calcula- 
ted to  promote  the  objects  of  the  institution;  to  have  a 
common  seal,  and  to  alter  the  same  at  pleasure;  to  make 
STich  by-laws  for  the  management  of  said  university  and 


1853. 


508 


President 
professors. 


Rock  River  Sem 

inary. 


seminary  as  shall  not  conflict  with  the  laws  of  this  state  or 
of  the  United  States. 

§  3.  The  trustees  shall  have  power  to  establish  depart- 
ments for  the  study  of  any  and  all  the  learned  and  liberal 
professions,  and  to  prescribe  and  regulate  the  course  of 
study  in  the  departments  of  said  university  and  seminary ; 
to  confer  degrees  in  the  learned  arts  and  sciences,  and 
such  other  degrees  and  honors  as  are  usually  conferred  by 
the  most  learned  institutions.  They  shall  also  have  power 
to  prescribe  and  regulate  a  course  of  study  in  said  semina- 
ry for  females,  and  to  confer  upon  them  such  certificates 
of  scholarship  and  diplomas  as  is  usual  in  the  highest  insti- 
tutions for  females. 

§  4.  The  trustees  may  employ  and  appoint  a  president 
and  professors  and  all  such  officers  as  may  be  necessary, 
and  shall  have  power  to  displace  any  or  such  of  them  as 
the  interests  of  the  institution  may  require,  and  to  fill  va- 
cancies which  may  happen  by  death,  resignation  or  other- 
wise among  said  officers. 

§  5.  It  shall  be  lawful  for  the  corporation  to  designate 
and  appoint  five  persons  who,  together  with  the  visiting 
committee  authorized  in  section  nine  of  the  act  of  which 
this  is  an  amendment,  and  the  faculty,  shall,  at  the  annual 
examination,  examine  the  under  graduates  with  reference 
to  their  collegiate  standing  in  said  university. 

§  6.  All  the  provisions  of  the  charter  of  the  Rock  Riv- 
er Seminary  as  heretofore  amended,  in  nowise  conflicting 
with  this  present  amendment,  shall  remain  in  full  force  and 
apply  to  the  corporate  body  herein  established,  under  the 
name  and  style  of  "Rock  River  University." 

Approved  February  14,  1853. 


In  force  Feb.  13, 


AN  ACT  to  incorporate  the  Batavia  Institute. 


Section  1 .  Be  it  enacted  by  the  people  of  the  state  of  Illi- 
nois, represented  in  the  General  Assembly,  That  Stephen 
Peet,  Elijah  S.  Town,  Nathaniel  C.  Clark,  John  C.  Wil- 
liams, Joel  McKee,  John  Van  Nortrick,  Lewis  Benedict, 
G.  S.  F.  Savage,  Dennison  K.  Town,  Benj.  F.  Hackey, 
Henry  W.  Williams,  Isaac  G.  Wilson,  L.  D.  Omsted,  and 
their  successors,  be  and  they  are  hereby  created  a  body 
politic  and  corporate,  to  be  styled  "The  Board  of  Trus- 
tees of  Batavia  Institute,"  and  by  that  name  to  remain  in 
perpetual  succession,  with  full  power  to  sue  and  be  s.ued, 
plead  and  be  impleaded,  to  acquire,  hold  and  convey  pro- 
perty, real  and  personal ;  to  have  and  use  a  common  seal, 


609  1853. 

to  alter  and  renew  the  same]  at  pleasure ;  to  make  and 
alter  from  time  to  time  such  lawful  regulations  as  they 
may  deem  necessary  for  the  government  of  said  institution, 
its  officers  !and  servants  ;  and  to  have  power  to  confer  on 
those  whom  they  may  deem  worthy  all  such  honors  and 
degrees  as  are  usually  conferred  in  like  institutions. 

§  2.  That  the  said  institution  shall  he  located  in  the  Location. 
township  of  Batavia,  Kane  county,  upon  such  grounds  as 
the  trustees  shall  select,  not  to  exceed  three  hundred  and 
twenty  acres,  forty  acres  of  which,  upon  which  the  neces- 
sary buildings  of  the  institution  may  be  erected,  together 
with  the  necessary  personal  property  belonging  to  said 
corporation,  shall  be  exempt  from  taxation.  The  object 
of  the  institution  shall  be  to  afford  instruction  in  English 
literature,  in  ancient  and  modern  languages,  in  mathema- 
tics, and  the  natural  sciences,  and  in  the  application  of 
science  to  agriculture  and  mechanical  arts. 

§  3.  That  the  board  of  trustees  shall  have  power  to  Officers. 
appoint  a  president,  secretary  and  treasurer,  and  such 
agents  as  they  may  deem  necessary,  and  shall  fill  all  va- 
cancies that  may  occur  in  their  own  board,  by  resignation, 
death,  or  neglect  for  more  than  one  year  to  attend  to  the 
duties  of  the  trustees  ;  also  to  appoint  such  officers,  pro- 
fessors and  teachers  as  the  instruction  and  government  of 
the  institution  shall  require,  and  prescribe  their  duties, 
and  to  remove  any  of  tliem  for  sufficient  reasons  ;  also  to 
prescribe  and  direct  the  course  of  studies  to  be  pursued 
in  the  institution  and  its  departments. 

§  4.  The  board  of  trustees  shall  consist  of  thirteen  Trustees, 
members,  with  power  to  increase  their  number  to  eighteen, 
seven  of  whom  shall  constitute  a  quorum  for  the  transac- 
tion of  business.  Said  board  of  trustees  shall  hold  their 
first  annual  meeting  in  the  township  of  Batavia,  on  the 
first  day  of  March,  1853,  and  afterwards  they  shall  meet 
on  their  own  adjournments;  but  in  case  of  emergency,  the 
president,  with  the  concurrence  of  two  trustees,  may  call 
a  special  meeting,  or  any  five  members  may  call  such 
meeting,  by  giving  notice  to  each  member,  at  least  ten 
days  before  the  time  of  such  meeting. 

§  5.  That  said  board  of  trustees  shall  faithfully  apply  Application 
all  funds  by  them  collected  or  received,  according  to  their  ^""''^' 
best  judgment,  in  erecting  suitable  buildings,  supporting 
the  necessary  officers,  instructors  and  servants,  and  in  pro- 
curing the  books  and  apparatus  necessary.to  the  success  of 
the  institution  :  Provided^  nevertheless^  that  in  case  any 
donation  or  bequest  be  made  for  particular  purposes,  which 
accord  with  the  designs  of  the  institution,  and  the  corpo- 
ration shall  receive  and  accept  the  same,  every  donation 
and  bequest  thus  made  shall  be  applied  in  conformity  to 
the  condition  or  designs  expressed  by  the  donor. 


1853. 


510 


§  6.  That  the  treasurer  of  the  institution  shall  always, 
and  all  other  agents  when  required,  before  entering  upon 
the  duties  of  their  appointment,  give  bond  for  the  security 
of  the  corporation,  and  of  the  public,  in  such  penal  sums 
and  with  such  securities  as  the  board  of  trustees  shall 
approve, 

§  7.  That  the  said  institute  shall  be  opened  to  all  de- 
nominations of  christians,  and  the  profession  of  any  par- 
ticular religious  faith  shall  not  be  required  of  those  who 
become  students;  any  person,  however,  may  be  suspended 
or  expelled  from  said  institution,  whose  habits  are  idle  or 
vicious,  or  wliose  moral  character  is  bad. 

Approved  February  12,  1853. 


In  force  Feb.  12,        AN  ACT  to  incorporate  the  Quincy  Gas  Light  and  Coke  Company. 

1853. 

Section  1.  Be  it  enacted  hy  the  jJeople  of  the  state  of 
Illinois,  represented  in  the  General  Assembly,  That  John 
Wood,  Lucius  Kingman  and  Samuel  Holmes,  Samuel  W. 

coriwiatore.  Rogers,  Thomas  Redmond,  James  D.  Morgan,  Thomas  C. 
King,  Robert  Benneson  and  William  H.  Carlin,  and  their 
associates,  successors,  lieirs  and  assigns,  be  and  they  are 
hereby  created  a  body  politic  and  corporate,  with  perpet- 
ual succession,  by   the  name   and   style  of  "The   Quincy 

style.  Gras  Light  and  Coke   Company,"   and  by  that  name  they 

and  their  successors  shall  be  capable  in  law  of  contracting 
and  being  contracted  with,  suing  and  being  sued,  defend- 
ing and  being  defended,  in  all  courts  and  places,  and  in  all 
matters  whatsoever,  with  full  power  to  acquire,  hold,  oc- 
cupy and  enjoy  all  such  real  and  personal  estate  as  maybe 
necessary  and  proper  for  the  construction,  extension  and 
usefulness  of  the  works  of  said  company,  and  for  the  man- 
agement and  good  government  of  the  same,  and  they  may 
have  a  common  seal,  and  the  same  may  alter,  break  and 
renew  at  pleasure. 

s»8.  §  2.     The   corporation  hereby    created  shall   have  full 

power  and  authority  to  manufacture  and  sell  gas,  to  be 
made  from  any  or  all  of  the  substances,  or  a  combination 
thereof,  from  which  inllammable  gas  is  usually  obtained,  and 
to  be  used  for  the  purpose  of  lighting  the  city  of  Quincy, 
or  the  streets  thereof,  and  any  buildings,  manufactories, 
public  place  or  houses  thereon  contained,  and  to  erect  all 
necessary  works  and  apparatus,  and  to  lay  pipes  for  the 
purpose  of  conducting  the  gas  in  any  of  the  streets  or  ave- 
nues of  said  city :  Provided,  tiiat  no  permanent,  injury  or 
damage  shall  be  done  to  any  street,  lane  or  higiiway  in  said 
city.     The  real  estate  wliich  this  corporation  is  entitled  to 


511  1853. 

hold  shall  not  exceed  in  value  seventy-five  thousand  dol- 
lars. 

§  3.  The  capital  stock  of  said  company  shall  not  ex- capital  ?tocv 
ceed  three  hundred  thousand  dollars,  to  be  divided  into 
shares  of  fifty  dollar:;,  to  be  subscribed  for  and  paid  in  such 
proportions  as  shall  be  prescribed  by  the  by-laws  and  rules 
for  regulating  the  concerns  of  said  company  as  they  shall 
think  proper  and  necessary  respecting  the  management 
and  disposition  of  the  stock,  property  and  estate  of  said 
company,  the  duties  of  the  officers,  artificers  and  agents  to 
be  employed,  the  number  and  election  of  directors,  and  all 
such  matters  as  appertain  to  the  concerns  of  said  company. 
Said  company  shall  have  the  exclusive  privilege  of  supply- 
ing the  city  of  Quincy  and  its  inhabitants  with  gas,  for  the 
purpose  of  aftbrding  light,  for  twenty-five  years. 

§  4.     This  act  to  be  in  force  from  and  after  its  passage. 

Approved  February  12,  1853. 


AN  ACT  to  incorporate  the  St.  Aloysius  Orphan  Society  of  Quincy.       in  for«e  Feb.  9, 

1863. 

Section  1.  Be  it  enacted  hy  the  people  of  the  state  oj 
Illinois^  represented  in  the  General ^dssembly.^  That  J.  Kun- 
ster,  John  B.  Vonderhide,  Flavier  Flavis,  Antony  J.  Lab-  corporators. 
ble,  Joseph  Aschemen  and  Joseph  Trimmer,  their  associ- 
ates and  successors,  be  and  they  are  hereby  declared  and 
constituted  a  body  corporate  and  politic,  by  the  name  of 
"  The  St.  Aloysius  Orphan  Society  of  the  St.  Bonifacius  style. 
Congregation  of  Quincy,"  and  by  that  name  shall  have 
perpetual  succession,  with  power  to  sue  and  be  sued, 
plead  and  be  impleaded,  to  acquire,  hold  and  convey  prop- 
erty, real,  personal  and  mixed,  in  all  lawful  ways;  to  have 
and  to  use  a  common  seal,  and  alter  the  same  at  pleasure; 
to  make,  alter  and  amend  such  by-laws,  not  inconsistent 
with  the  constitution  of  the  United  States  and  of  this  state, 
as  they  may  deem  necessary  for  the  government  of  said  so- 
ciety, its  officers,  agents  and  servants. 

§  2.  All  contracts  which  may  be  made  or  entered  into  contract?. 
by  said  society  shall  be  subscribed  by  the  president,  sec- 
retary and  treasurer  thereof,  who  shall  be  deemed  and  con- 
sidered as  the  agents  of  said  society  for  that  purpose; 
which  contracts,  when  authorized  by  the  president  and 
committee  of  administration,  shall  be  binding  in  law  upon 
said  society,  and  not  otherwise,  and  to  the  end  that  said 
authority  may  more  effectually  appear,  the  said  president 
and  committee  of  administration  shall  keep  a  separate  re- 
cord of  their  doings  in  relation  to  all  contracts  made  and 


1863. 


Persona!  proper- 
ty. 


512 

entered  into;  which  record  shall  be  deemed  and  taken  as 
evidence  in  all  courts  of  justice  of  such  authority. 

§  3.  The  personal  property  and  effects  belonging  to 
said  society  shall  not  be  appropriated  otherwise  than  to 
the  improvement  of  the  real  estate  hereby  authorized  to  be 
held,  and  to  such  benevolent  purposes  as  are  contemplated 
in  its  constitution,  adopted  by  said  society  on  the  15th  day 
of  January,  A.  D.  1853;  which  appropriations  shall  be  made 
under  the  directions  of  the  president  and  committee  of  ad- 
ministration ;  and  the  proceedings  and  action  of  said  soci- 
ety shall  be  in  accordance  with  the  provisions  of  said  con- 
stitution, which  is  hereby  declared  to  be  in  full  force  and 
effect  for  the  regulation  of  the  affairs  of  said  society  and 
the  conduct  of  its  officers  and  members,  as  therein  con- 
templated and  intended. 

§  4.  This  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  February  9,  1853. 


X.  ,    ,«  AN  ACT  to  amend  an  act  entitled  "An  act  to  incorporate  the  Saline  Coal 
1*853.  and  Manufacturing  Company." 

Preamble.  Whcrcas  by  an  act  entitled  "An  act  to  incorporate  the 
Saline  Coal  and  Manufacturing  Company,"  approved 
the  twenty-eighth  day  of  January,  1851,  Albert  G.  Cald- 
well and  Joseph  Bowles,  and  their  associates  and  suc- 
cessors, and  assigns,  were  created  a  body  politic  for 
mining  coal,  digging  salt  wells,  and  other  purposes 
therein  mentioned  ;  and  whereas  the  said  Albert  G. 
Caldwell  and  Joseph  Bowles,  have  assigned  all  their  in- 
terest as  corporators  in  the  said  act  to  Hibbard  Jewett, 
but  without  having  first  organized  said  company  as  di- 
rected and  empowered  by  said  act ;  and  whereas  the 
said  Hibbard  Jewett  has  associated  with  him  Joseph  J. 
Castles,'  in  the  said  Saline  Coal  and  Manufacturing 
Company  ;    therefore — 

Be  it  enacted  by  the  people  of  the  state  oj  IlBiois,  rep- 
resented in  the  General  Assembly,  That  the  act  entitled 
Ke-enacinunt.  "  An  act  to  incorporate  the  Saline  Coal  and  Manufac- 
turing Company,"  approved  twenty-eighth  of  January, 
in  the  year  eighteen  hundred  and  fifty-one,  be  and  the 
same  is  hereby  re-enacted,  renewed,  reviewed  and  ex- 
tended, for  the  use  and  benefit  of  Hibbard  Jewett  and 
Joseph  J.  Castles,  and  their  associates,  successors  and  as- 


513  1853. 

signs,  with  full  poWer  to  organize  and  act  under  the  pro- 
visions of  said  act  as  therein  provided  for  the  original  cor- 
porators; and  that  this  act  shall  be  in  force  from  and  after 
its  passage. 

Approved  February  10,  1853. 


AN  ACT  to  amend  the  charter  of  the  Peoria  and  Ouuawka  Railroad.        in  foivc  Feh.  s. 

185-3. 

Section  1.  Bt  it  enacted  by  ike  people  of  the  slate  of 
Illinois,  represented  in  the  General  Assembly,  That  the 
ninth  section  of  the  act  approved  June  22d5  1852,  entitled  Am  nam.nt. 
"An  act  to  amend  an  act  entitled  an  act  to  amend  an  act 
to  incorporate  the  Peoria  and  Oquawka  Railroad  Com- 
pany," approved  February  10th,  1851,  to  be  and  the  same 
is  hereby  so  far  amended  as  to  allow  the  said  Peoria  and 
Oquawka  Railroad  Company  the  right  of  terminating  their 
road  forty  miles  north  of  a  due  east  and  west  line  that 
would  run  through  Lafayette,  Indiana,  instead  of  twenty 
miles,  as  is  provided  in  said  ninth  section  of  said  for- 
mer act. 

§  2.     This  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  February  8,  1853. 


AN  ACT  for  the  relief  of  R.  P.  Breckenridi^e,  collector  of  Livingston  coun- 1"  f^'i'^e  Fi'i..  1-. 
ty,  for  the  year  1846.  1^53. 

Whereas  the  auditor  of  public  accounts,  in  behalf  of  the  I'leami'i'- 
people  of  the  state  of  Illinois,  purchased  at  a  sale,  under 
execution  against  R.  P.  Breckenridge,  collector  of 
Livingston  county,  for  the  year  1846,  certain  real  es- 
tate, on  the  eighth  day  of  September,  A.  D.  1851;  and 
whereas  the  time  of  redemption  of  said  lands  having  ex- 
pired ;  therefore — 
Section   1.     Be  it  enacted  by  the  people  oj  the  state  of 

Illinois,  represented  in  the  General  Assembly,  That  R.  P. 

Breckenridge  be  and  he  is  hereby  allowed    until  the  first  Time  Lxtcnried. 

day  of  August  next  to  make  payment  and  redeem  the  lands 

purchased  by  the  state  on   an  execution   against  the  said 

Breckenridge. 

Approved  February  12,  1853. 
H2 


1853. 


force  Feb.  10, 
1S53. 


Common  seal. 


514 

AN  ACT  to  incorporate  the  Industrial  League  of  the  State  of  Illinois. 

Section   1.     Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  7'epresented  in  the  General  Assembly,  That  J.  B. 
Turner,  John   Gage,  Bronson   Murry,  L.   S.  Pennington, 
J.  T.  Little  and  W.  A.  Pennell,  the  present  officers  of  the 
Industrial  League  of  the  state  of  Illinois,  and  their  succes- 
sors, be  and  they  are  hereby  declared  to  be  a  body  politic 
and  corporate,  by  the  name  and  style  of  "The  Industrial 
League  of  the  State  of  Illinois,"  and  by  that  name  they  and 
their  successors   shall  and  may  at   all   times  hereafter  be 
capable  in  law  to  have,  receive  and  to  retain,  to  them  and 
to  tiieir  successors,  property,  real  and  personal,  also  de- 
vises or  bequests  of  any  person  or  persons,  or  bodies   cor- 
porate capable  of  making  the  same,  and  the  same  at  their  ; 
pleasure  to  transfer  or  dispose  of  in  such  manner  as  they  i 
may  think  proper  :  Provided,  always,  that  the  said  corpo-  ■ 
ration  shall  not  at  any  time  hold  or  possess  property,  real, 
personal  or  mixed,   exclusive  of  legacies   and   donations, 
exceeding  in  annual  value   the  sum   of  twenty  thousand  ' 
dollars. 

§  2.  The  said  corporation,  by  the  name,  style  and  title  i 
aforesaid,  shall  be  forever  hereafter  capable,  both  im 
law.and  equity,  to  sue  and  be  sued,  to  plead  and  be  im- 
pleaded, to  answer  and  be  answered  unto,  defend  and  be 
defended,  in  all  courts  of  justice,  and  before  any  judge,  offi- 
cer or  person  whatsoever,  in  all  actions,  suits,  or  demands 
whatsoever. 

§  3.  The  objects  of  said  corporation  shall  be  to  dissem- 
inate knowledge,  written  and  printed,  employ  lecturers, 
and  perform  all  other  acts  and  things  necessary  or  essen-i 
tial  for  concert  of  action  among  the  friends  of  industrial 
science. 

§  4.  It  shall  and  may  be  lawful  for  the  said  corporation 
to  have  and  use  a  common  seal,  and  the  same  at  their 
pleasure  to  change,  alter  and  make  anew,  and  in  general, 
have  and  exercise  all  such  rights,  privileges  and  immuni-i, 
ties  as  by  law  are  incident  to  or  necessary  to  the  corpora-) 
tion  herein  constituted. 

This  act  to  take  effect  from  and  after  its  passage. 
Approved  February  10,  1853. 


AN  ACT  to  incorporate  the  Effingham  Steam  Mill  Company. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  q, 
Illinois,  representcdin  the  General  Assembly,  That  Presle; 
Funkhouser,  William  J.  Hankins,  Daniel  Rhenehart,  Jame 


515  1853. 

M.  Long,  Thoinas  J.  Gillimwaters,  their  associates,  suc- 
cessors, heirs  and  assigns,  are  hereby  created  a  body  pol- 
itic and  corporate,  by  the  name  and  style  of  "The  Ew-  styio. 
ington  Steam  Mill  Company,"  with  power  to  build,  main- 
tain and  use  a  steam  mill,  at  or  near  the  town  of  Ew- 
ington,  in  the  county  of  Eifingham,  and  by  that  name 
aforesaid  they  shall  have  perpetual  succession,  may  sue 
and  be  sued,  plead  and  be  impleaded,  answer  and  be  an- 
swered, in  all  courts  and  places  whatsoever  ;  may  have 
a  common  seal,  may  alter  the  same  at  pleasure,  and  shall 
be  capable  in  law  of  holding  and  purchasing  real  and  per- 
sonal estate,  and  convey  away  the  same  for  the  purposes 
and  objects  of  said  corporation. 

§  2.  The  said  company  are  liereby  authorized  to  carry  Muiing. 
on  the  business  of  manufacturing  meal  and  Hour  from  the 
various  kinds  of  grain,  and  of  carrying  on  the  business  of 
manufacturing  lumber  and  building  materials,  in  as  many 
ways  and  branches  as  they  may  see  fit ;  and  to  use  all  such 
powers  and  privileges,  to  select  such  officers,  agents,  man- 
agers and  servants,  as  may  be  necessary  to  carry  on  the 
said  business  and  manufacture,  according  to  the  objects  of 
this  act,  as  herein  expressed  ;  and  may  increase  the  corpo- 
ration to  such  number,  and  their  capital  stock  to  such  sum 
as  may  be  necessary  for  their  objects  from  time  to  time. 

^   3.     Said  company  shall   have  power  to  make  and  es-  sy-ia-^s. 
tablish  all  such  by-laws,  rules  and  regulations  as  they  shall 
deem  necessary  for  the  management  and  direction  of  the 
affairs  of  the  company,  the  same  being  consistent  with  the 
constitution  and  laws  of  this  state,  or  of  the  United  States. 

§  4.     Said   company  shall  annually   elect  a  president,  officer-:. 
treasurer  and  secretary,  to  conduct  the  affairs  of  said  com- 
pany.    The  treasurer  shall  give  bond  in  such  amount  and 
in  such  manner  as  the  company  shall  direct. 

§  5.     The  shares  in  said  company  shall  be  fifty  dollars  si.ares. 
each,  and  each  share  shall  be  entitled  to  one  vote. 

§  6.     This  act  to  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  February  11,  1853. 


AN'  ACT  to  incorporate  Charleston  Lod^e,  number  thirty-five,  of  Free   and  In  force  Fib.  12, 
Accepted  Majoifl.  ^^^3. 

Section  1.  Be  if  enacted  by  the  people  the  state  of 
IlUnois,  represented  in  the  General  Assembly^  That  all 
persons  as  are  or  may  hereafter  become  and  shall  so  re- 
main members  of  Charleston  Lodge,  No.  thirty-five,  of  Free 
and  Accepted  Masons,  at  Charleston,    Coles  county,  Illi- 


1853.  516 

nois,  from  and  aftpr  the  passage  of  this  act,  shall  be  and 
they  are  hereby  constituted  a  body  corporate  and  politic, 
by  the  name  and  style  of  "Charleston  Lodge,  No.  thirty- 
five,  of  Free  and  Accepted  Masons,"  and  by  that  name 
they  and  their  successors  shall  have  succession,  and  shall 
in  law  be  capable  of  suing  and  being  sued,  pleading  and 
being  inpleaded,  answering  and  being  answered  unto,  in 
all  courts  of  law  and  equity  whatever,  and  by  that  name 
and  style  be  capable  of  purchasing  and  receiving,  by  gift 
or  otherv^^ise,  holding  and  conveying  real  estate  for  the 
benefit  of  said  lodge  :  Provided^  that  said  corporation  shall 
not,  at  any  one  time,  hold  property  to  an  amount  exceed- 
ing ten  thousand  dollars. 

,,„e^.  §  2.     For  the  purpose  of  carrying  into  effect  the  objects 

of  this  act  the  three  highest  officers  of  said  lodge  shall  always 
be  and  are  hereby  appointed  trustees,  to  hold  their  offices 
as  such  in  said  lodge  as  appointed  by  said  lodge  and  quali- 
fied from  time  to  time. 

5av,s.  §   3.     That   said  corporation  shall  have  power  to  make 

such  by-laws  and  regulations  as  may  be  deemed  necessary 
for  the  government  of  their  concerns,  and  for  the  purchase 
and  transfer  of  real  estate. 

denccofcxis-      §  4.     A  certificate  under  the  seal  of  said   corporation 

^'^'=-  that  the  said  lodore  has   been  duly  organized,   recorded  in 

the  office  of  the  clerk  of  the  circuit  court,  shall  be  evidence 

of  the  existence  and  organization  of  said  lodge. 

This  act  to  be  in  force  from  and  after  its  passage. 

Approved  February  12,  1853. 


In  force  Feb.  11, 
1853. 


AN  ACT  to  vacate  the  town  of  Lower  Guilford,  \\\  Calhoun  county 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Assembly^  That  tiie 
entire  town  plat  of  Lower  Guilford,  in  the  county  of  Cal- 
houn, as  laid  out  and  recorded,  is  hereby  declared  vacated. 

This  act  to  be  in  force  from  and  after  its  passage. 

Approved  February  11,  1853. 


in  torce  Feb.  12,        AN  ACT  (•  incorporate  the  Peoria  Gas  Light  and  Coke  Company. 
1'853. 

Section  1.     Be  it  enacted  by  the  people  of  the  state  of 

Illinois,  rejnesented  in  the  General  Assembly,  That  Peter 

Corporator..       Swsat,  Hugh  J.  Sweeney,  George    C   Bestor,  William  S. 


517  1853. 

Moss  and  Henry  Grove,  their  associates,  successors,  heirs 
and  assigns,  be  and  they  are  hereby  created  a  body  cor- 
porate and  politic,  with  perpetual  succession,  by  the  name 
and  style  of  "The  Peoria  Gas  Light  and  Coke  Company,"  styi"-- 
and  by  that  name  they  and  their  successors  shall  be  capa- 
ble in  law  of  contracting  and  being'  contracted  with,  su- 
ing and  being  sued,  defending  and  being  defended,  in  all 
courts  and  places,  and  in  all  matters  whatsoever,  with  full 
powers  to  acquire,  hold,  occupy  and  enjoy  all  such  real  and 
personal  estate  as  may  be  necessary  and  proper  for  the 
construction,  extension  and  usefulness  of  the  works  of  said 
company,  and  for  the  management  and  good  government 
of  the  same;  and  they  may  have  a  common  seal,  and  the 
same  may  alter,  break  and  renew  at  pleasure. 

§  2.  The  corporation  hereby  created  shall  have  full  Gas. 
pov/er  and  authority  to  manufacture  and  sell  gas,  to  be 
made  from  any  or  all  of  the  substances,  or  a  combination 
thereof,  from  which  inflammable  gas  is  usually  obtained, 
and  to  be  used  for  the  purpose  of  lighting  the  city  of  Peoria, 
or  the  streets  thereof,  and  any  buildings,  manufactorie 
and  public  places  or  houses  therein  contained,  and  to  erect 
all  necessary  works  and  apparatus,  and  to  lay  pipes  for  the 
purpose  of  conducting  tlie  gas  in  any  of  the  streets  or 
avenues  of  said  city  :  Provided^  that  no  permanent  injury 
or  damage  shall  be  done  to  any  street,  lane  or  highway  of 
said  city.  The  real  estate  which  this  corporation  is  enti- 
tled to  hold  shall  not  exceed  in  value  seventy-five  thousand 
dollars. 

§  3.  The  capital  stock  of  said  company  shall  not  ex- capital. 
ceed  three  hundred  thousand  dollars,  to  be  divided  into 
shares  of  fifty  dollars,  to  be  subscribed  and  paid  for  in 
such  proportions  as  shall  be  'prescribed  by  the  by-laws 
and  rules  for  regulating  the  concerns  of  said  company, 
as  they  shall  think  proper  and  necessary  respecting  the 
management  and  disposition  of  the  stock,  property  and  es- 
tate of  said  company,  the  duties  of  the  officers,  artificers  and 
agents  to  be  employed,  the  number  and  selection  of  direc- 
tors, and  all  such  matters  as  appertain  to  tlie  concerns  of 
said  company.  Said  company  shall  have  the  exclusive 
privilege  of  supplying  the  city  of  Peoria  and  its  inhabi- 
tants with  gas,  for  the  purpose  of  affording  light,  for  twenty- 
five  years.  This  act  to  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved  February  12,  1853. 


1853.  518 

Iji  force  Feb.  12,  AN  ACT  to  vacate  a  part  of  the  town   of  Lytleville,  in  McLean  county. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  oj 
Illinois!,  represented  in  the  General  *dssembly,  That  all 
Vacated.  that  part  of  the  town  of  Lytleville,  in  the  county  of  Mc- 

Lean, lying  west  of  State  street,  except  lot  No.  one,  in 
block  number  three,  be  and  is  hereby  vacated. 

§  2.  This  act  to  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  February  12,  1853. 


In  fuice  Feb.  10,  AN   ACT  to  incorporate  the  Alton  Hibernian  Benevolent  Society. 

1853. 

Section  1.     Be  it  enacted  hy  the  people  of  the  state  of 
lllbiois,  rep  resented  in  the  General  >^ssembly,  That  Michael 

Corporators.  Carroll,  Thomas  Kesly,  Peter  Diamond,  Joseph  Crane, 
James  M.  Ardle,  John  Magher,  Patrick  McGuire,  James 
Bayeds,  Patrick  McClane,  William  Young,  Christy  Coyne, 
Thomas  Rayne,  Barney  Moran,  Edward  Coppinger  and 
Patrick  Farly,  their  associates  and  successors,  be  de- 
clared   and   constituted  a  body   corporate    and  politic,  by 

style.  the  name   of  "The  Alton  Hibernian  Benevolent  Society," 

and  by  that  name  they  and  their  successors  shall  have 
succession,  and  in  such  corporate  name  siiall   be  capable 

powcr>.  in  law  of  contracting   and  being   contracted  with,  suing 

and  being  sued,  pleading  and  being  impleaded,  answering 
and  being  answered,  defending  and  being  defended,  in  all 
courts  of  justice  whatsoever,  in  all  manner  of  actions,  suits, 
complaints,  matters  and  causes  whatsoever;  and  have  a 
corporate  seal,  and  alter  or  change  the  same  at  pleasure  ; 
and  they  and  their  successors  shall  be  capable  of  pur- 
chasing, holding  and  improving  any  estate,  real  or  per- 
sonal, not  exceeding  the  value  of  fifty  thousand  dollars, 
for  the  use  of  and  for  the  objects  contemplated  by  said 
society. 

Contracts.  §   2.     All  contracts  which  may  be  made  or  entered  into 

by  said  association  shall  be  subscribed  by  the  ])resident, 
treasurer  and  secretary  thereof,  who  shall  be  deemed  and 
considered  as  the  agents  of  said  association  for  that  pur- 
pose; which  contracts,  wiien  authorized  by  the  president 
and  standing  finance  committee  of  said  association,  shall 
be  good  and  binding  in  law  upon  said  society,  and  not 
otherwise;  and  to  the  end  that  said  authority  may  more 
effectually  appear,  the  said  president  and  standing  com- 
mittee shall  keep  a  separate  record  of  their  doings  in  re- 
lation to  all  contracts  made  and  entered  into;  which  record 


519  1853. 

shall  be  deemed   and  taken  as  evidence,  in  all  courts  and 
places  of  such  authority. 

§  3.  Tlie  personal  effects  and  property  belonging  to  Proiiciiy. 
said  association  shall  not  be  appropriated  otherwise  than 
to  the  improvnient  of  the  real  estate  hereby  authorized  to 
be  held,  and  to  such  benevolent  purposes  as  are  or  shall 
be  contemplated  by  the  constitution  of  said  association; 
which  appropriations  shall  be  made  under  the  direction  of 
the  president  and  standing  finance  committee  of  said  society. 

^   4.     This  act  shall  be  declared  to  be  a  public  act,  and 
be  in  force  and  take  effect  from  and  after  its  passage. 


AN  ACT  to  incorporate  the  Green  Bush  Union  Acatlemy. 

1  In  force  Fob.  l'.' 

Section  1.  Be  it  enacted  hy  the  people  of  the  state  of  ^^^'" 
Illinois,  represented  in  tlie  General  Assembly ,  That  Alfred 
Osborn,  Baily  Ragon,  William  H.  Pierce,  Franklin  G. 
Snapp,  John  Butler,  John  C.  Bond,  James  D.  Smith,  Fred- ccrporatois. 
erick  H.  Murrill  and  Stephen  Leinrand  and  their  successors, 
be  and  they  are  hereby  created  a  body  politic  and  corporate, 
by  the  name  and  style  of  "The  Green  Bush  Union  Acade- 
my," and  by  that  name  and  style  to  have  perpetual  suc- 
cession. Said  academy  to  be  located  in  tiie  town  of  Green 
Bush,  in  the  county  of  Warren. 

§  2.  Said  corporators  above  named  are  hereby  author- 
ized to  receive,  by  gift,  grant  or  otherwise,  real  estate,  iieceive  iiruip; 
money,  and  other  valuables,  on  subscription  or  otherwise,  ^' 
for  the  purpose  of  erecting  the  necessary  buildings  and 
providing  the  necesssary  means  for  the  opening  and 
furnishing  said  academy,  and  for  that  purpose  shall  have 
full  power  to  sue  and  be  sued,  implead  and  do  all  other 
things  in  courts  of  law  and  otherwise  that  are  usually  given 
to  such  institutions,  and  shall  have  a  common  seal,  and 
may  make  such  constitution  and  by-laws  as  they  deem  ne- 
cessary, not  inconsistent  with  the  constitution  and  laws  of 
the  United  States  and  of  this  state. 

§   3.      Said  corporation  shall   have  power  to  raise   any  capuai  stock. 
sum,  not  exceeding  eight  thousand   dollars,  in  shares  of 
twenty-five  dollars  each,  exclusive  of  sums   received  by 
donation,  bequest  or  otherwise- 

§   4.     The    corporators  herein  named  shall  notify   the  Election, 
stockholders  as  soon  as  one  thousand  dollars  is  subscribed, 
to  meet  on  the  first  Monday  of  March  or  on  some  Monday 
within  two  months  therefrom,  and  elect  from  said  stock- 
holders nine  trustees,  as  follows  :  three  for  the  term  of  one 


vcc  Foil.  12,  AN  ACT  to  incorporate  Rushville  Lodg'*;,  No.  9,  of  Free  and  Accepted 
i''5o.  Masons. 

Section  1.  Be  it  enacted  hy  the  people  of  the  state  of 
Illinois^  represented  in  the  General  Assemhly^  Tliat  all 
such  persons  as  are  or  may  hereafter  become  members  of 
Rushville  Lodge.  No.  9,  of  Free  and  Accepted  Masons, 
from  and  after  the  passage  of  this  act,  shall  be  and  they 
are  hereby  constituted  a  body  corporate  and  politic,  by 
the  name  of  "Rushville  Lodge,  No.  9,  of  Free  and  Accepted 
Masons,"  and  by  that  name  they  and  their  successors  shall 
have  succession,  and  shall  in  law  be  capable  of  suing  and 
being  sued,  plead  and  be  impleaded,  in  all  courts  and  })laces 
whatsoever;  and  by  that  name  and  style  be  capable  in  law 
of  purchasing  or  receiving  by  gift,  or  otherwise,  holding 
and  conveying  real  estate,  for  the  benefit  of,  said  corpora- 
tion :  Provided,  that  said  corporation  shall  not  at  any  time 
hold  property  to  an  amount  exceeding  twenty  thousand 
dollars. 
,P(,.  §   2.     For  the  purpose  of  carrying  into  effect  the  object, 

the  members  of  the  above  "incorporation  shall  have  power 
and  are  hereby  authorized  to  appoint  out  of  their  number 
three  trustees,  to  hold  their  office  two  years,  and  until  their 
successors  are  appointed. 


18.53.  520 

year,  three  for  the  term  of  two  years,  and  three  for  the 
term  of  three  years  ;  and  annually  thereafter  there  shall  be 
elected  three  trustees,  for  the  term  of  three  years  each,  to 
hold  office  until  their  succes9#i's  are  elected  and  qualified; 
and  at  all  of  said  elections  each  share  shall  entitle  the 
stockholder  to  one  vote.  As  soon  as  said  trustees  are  elect- 
ed the  corporators  herein  named  shall  turn  over  all  books, 
papers,  subscriptions,  property  of  every  description  be-  > 
longing  to  said  corporation,  to  said  trustees,  and  said  trus- 
tees shall  have  as  full  and  ample  powers  as  are  herein 
given  to  the  original  corporators. 
!s.  ^   5.     Said  trustees   shall   have   full    power  to    employ 

teachers,  determine  the  amount  of  salaries,  fix  the  price  of 
tuition, and  do  all  other  things  necessary  for  the  successful 
prosecution  of  said  academy. 

§   6.     There  shall  be  no  benefits  or  privileges  allowed  to 
one  religious  denomination  over  others. 

§  7.     This  act  shall  be  deemed  a  public  act,  ami  shall 
be  in  force  from  and  after  its  passage. 

Approved  February  12,  1853. 


521  1853. 

§  3.     They  shall  have   power  to  make   such  laws  and  By-iaws. 
regulations  as  they  shall  think  necessar)  for  the  govei-nment 
of  their  concerns  :  Provided,  such  by-laws  are  not  incon- 
sistent witli  the  constitution  of  tiie  United  States  or  of  this 
state. 

§   4.     The  capital  stock  of  said  corporation  shall  not  ex-  capital  stock. 
ceed  one  thousand  dollars. 

Approved  February  12,  1853. 


AN  ACT  to  incorporate  the  Walnut  Grove  Literary  Associatiori.  In  force  Feb.  lo. 

Section  1.  Be  it  enacted  hy  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Assembly,  That  S.  B. 
Mason,  Ira  T.  Wooly,  John  W.  Carter,  S.  H.  Vanosdle  corporators, 
and  G.  A.  Secor,  of  the  county  of  Greene,  and  their  asso- 
ciates and  successors,  are  hereby  created  a  body  politic 
and  corporate,  by  the  name  and  description  of  "  The  Wal-  %ie. 
nut  Grove  Literary  Association  ; "  and  by  that  name  shall 
have  power  to  sue  and  be  sued,  plead  and  be  impleaded, 
defend  and  be  defended,  in  all  courts  of  law  or  equity  in 
this  state  ;  and  they  shall  have  a  common  seal,  which  they 
may  alter  and  break  at  pleasure. 

§  2.  The  said  association  hereby  created  shall  have 
power  to  take  and  hold  real  estate  to  the  value  of  one  thou- 
sand dollars. 

§  3.  The  said  association  shall  have  power  to  elect  officers, 
such  officers  as  may  be  necessary  to  the  well  ordering  of 
the  same,  and  for  the  furtherance  of  the  objects  of  the  asso- 
ciation ;  which  objects  are  the  collection  a:.d  maintaining 
of  a  library  in  said  county  of  Greene,  and  the  collection  of 
books,  maps,  charts,  globes,  cabinets,  manuscripts,  and  the 
advancement  and  cultivation  of  science  and  useful  know- 
ledge. 

^   4.     The  said  association  shall  have  power  to  pass  such  By-iairs. 
by-laws  as  will,  in  its  judgment,   best  promote  the  objects 
aforesaid,  not  inconsistent  with  the  laws  or  constitution  of 
this  state;  and  shall  have  existence  for  the  period  of  fifty  years. 

Approved  February  10,  1853. 


AN  ACT  to  incorporate  Central  Lodge,  No.  71,  of  Free  and  Accepted  Ma-  In  force  Feb. 
sons.  18^3- 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Assembly,  That  all 
such  persons  as  are  or  may  hereafter  become  and  shall  so  Body  poiitk. 


1853. 


522 


Evideuce 
iiitence. 


remain  members  of  Central  Lodge,  No.  71,  of  Free  and 
Accepted  Masons,  at  Springfield,  Illinois,  from  and  after 
the  passage  of  this  act,  shall  be  and  they  are  hereby  con- 
stituted a  body  corporate  and  politic,  by  the  name  and  style 
of  "Central  Lodge,  No.  Seventy-one,  of  Free  and  Accepted 
Masons  ;"  and  by  that  name  they  and  their  successors  shall 
have  succession,  and  shall  in  law  be  capable  of  suing  and 
being  sued,  pleading  and  being  impleaded,  answering  and  be- 
ing answered  unto,  in  all  courts  of  law  and  equity  whatso- 
ever; and  by  name  and  style  be  capable  of  purchasing  and 
receiving,  by  gift  or  otherwise,  holding  and  conveying  real 
estate  for  the  benefit  of  said  lodge  :  Provided^  that  said 
corporation  shall  not  at  any  one  time  hold  property  to  an 
amount  exceeding  twenty  thousand  dollars. 

§  2.  For  the  purpose  of  carrying  into  effect  the  objects 
of  this  act,  the  tliree  highest  officers  of  said  lodge  shall  al- 
ways be  and  are  hereby  appointed  trustees,  to  hold  their 
offices  as  such  in  said  lodge,  as  appointed  by  said  lodge 
and  qualified  from  time  to  time. 

§  3.  The  said  corporation  shall  have  power  to  make 
such  by-laws  and  regulations  as  maybe  deemed  necessary 
for  the  government  of  their  concerns  and  for  the  purchase 
and  transfer  of  real  estate,  not  inconsistent  with  the  con- 
stitution or  laws  of  this  state. 

of  ex-  §  4.  A  certificate,  under  the  seal  of  said  corporation 
that  the  said  lodge  has  been  duly  organized,  recorded  in 
the  office  of  the  clerk  of  the  circuit  court,  shall  be  evidence 
of  the  existence  and  organization  of  said  lodge. 

ii>)dge  §  5.  That  all  such  persons  as  are  or  may  hereafter  be- 
come and  shall  so  remain  members  of  Monmouth  Lodge, 
No.  Thirty-seven,  of  Free  and  Accepted  Masons,  at  Mon- 
mouth, Illinois,  shall  hereby  become  a  body  corporate  and 
politic,  and  shall  liave  all  of  the  privileges,  powers  and 
franchises  which  this  act  confers  upon  said  Central  Lodge 
above  mentioned. 

§  6.  This  act  to  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  February  12,  1853. 


f,n  lorco  Feb.  12,  AN  ACT  to  pay  certain  persons  therein  named  for  printing  notices  to  canal 
1863.  claimants,   and   all  publishers  of  papers  for  printin<:f  the  notices  to  canal 

claimants,  under  the  direction  of  the  commissioners. 


Section  1.     Be  it  enacted  hij  the  people  of  the  state  of 
Illinois^  represented  in  the   General  Assembly^  That  the 
wni.  &  M.  OS- auditor  of  public  accounts  be  authorized  to  issue  his  war- 
man,  rants  in  favor   of  William  and  M.  Osman  for  the  sum  of 


523  1853. 

two  dollars,  and  to  Scripps  an  1  Bros3  for  the  sum  of  five  sciipps&. Bros?, 
dollars,  for  printing  notices  to  canal  claimants,  and  to  all 
publishers  of  newspapers  who  have  published  the  notices 
to  canal  claimants  under  the  direction  of  the  commissioners 
appointed  to  investigate  canal  claims — to  the  weekly  papers 
not  exceeding  two  dollars,  and  to  the  daily  papers  not  ex- 
ceeding five  dollars  :  Prcvided.,  the  bill  of  such  publisher  Proviso, 
shall  be  certified  by  one  or  more  of  said  commissioners. 

§   2.     This  act  to  take  effect  from  and  after  its  passage. 

Approved  February  12,  1853. 


AN  ACT  to  vacate  the  town  plat  of  Randolph,  in  Jersey  county.  In  fwce  Feb.  10 


1863. 


Section  1.  Be.  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Jissembly,  That  the 
town  plat  of  the  town  of  Randolph,  in  the  county  of  Jersey, 
is  hereby  vacated,  and  the  proprietors  of  said  town  au- 
tliorized  to  list  the  same  for  taxation  as  land  and  not  as 
town  lots. 

Approved  February  10,  18'53= 


AN  ACT  to  authorize  'Washington    Wren  and  Harvey   Bailard  to  keep  a  m  force  Feb.  12, 
ferry  across  the  Mississippi  river,  in  Adams  connty.  ^^^^' 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Assembly,  That  Wash- 
ington Wren  and  Harvey  Ballard,  their  heirs  and  assigns,  Establish  ferry. 
be  and  they  are  hereby  authorized  to  establish  and  keep  a 
ferry  for  ten  years  across  the  Mississippi  river,  between 
the  mouth  of  Lima  Lake  slough,  on  the  fractional  north- 
west quarter,  section  thirty-one,  township  two  north,  range 
nine,  west  of  fourth  principal  meridian,  in  Adams  county, 
and  state  of  Illinois,  and  the  town  of  Canton,  in  the  county 
of  Lewis,  and  state  of  Missouri,  during  which  time  the 
supervisors'  court  of  said  Adams  county  shall  not  grant  a 
license  to  any  person  or  persons  to  establish  or  keep  a  ferry 
within  two  miles  above  and  below  the  mouth  of  said  Lima 
Lake  slough. 

§  2.     That  said  Washington  Wren  and  Harvey  Ballard s'erry boat, 
shall  keep  at  all  times  a  good  and  sufficient  steam  or  other 
ferry  boat  necessary  for  the  speedy  transportation  of  pas- 
sengers, teams,  horses,  cattle   and  other  animals,  as  well 
as  goods  and  effects  belonging  to  passengers,  and  shall  fur- 


1853.  524 

nish  said  boats  with  men  with  strength  and  skill  to  manage 
them,  and  shall  charge  and  receive  such  rates  of  ferriage 
as  may  be  fixed  by  authority  of  said  county  of  Adams. 

s"^-  §   3.     The  said  Washington  Wren  and  Harvey  Ballard, 

shall  pay  into  the  treasury  of  said  Adams  county  such 
annual  tax  as  may  be  imposed  upon  said  ferry  by  said 
county,  not  exceeding  ten  dollars;  and  in  the  management 
and  regulation  of  said  ferry  shall  be  governed  by  the  laws 
now  in  force  regulating  ferries. 

ego.  ^   4.      The  said  Washington  Wren    and  Harvey  Ballard 

shall  have  the  exclusive  ferry  privilege  from  the  said  mouth 
of  Lima  Lake  slough  to  the  town  of  Canton,  for  the  term 
of  ten  years  from  the  passage  of  this  act,  for  two  miles 
above  and  below  ^he  mouth  of  said  slough,  and  should  any 
person  or  persons  establish,  keep  or  run  a  ferry  and  land 
within  two  miles  as  aforesad,  such  person  or  persons  shall 
forfeit  and  pay  to  the  said  Washington  Wren  and  Harvey 
Ballard,  their  lieirs  and  assigns,  ten  dollars  for  every  such 
offence,  to  be  sued  for  and  recovered  in  an  action  of  debt 
before  any  justice  of  the  peace  of  said  county  of  Adams. 
§  5.  This  act  to  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  February  12,  1853. 


In  force  Feb.  12,  AN  ACT  to  authorize  John  A.  Holland  and  others  to  form  a  corporation 


1853 


for  the  purposes  herein  mentioned. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Assembly^  That  John 
A.  Holland,  John  L.  Coleman,  Charles  J.  Horseman, 
Thomas  D.  Robinson,  Melancthon  Starr,  Charles  Williams, 
and  George  Haskill,  or  any  of  them,  and  their  associates, 
are  authorized  and  empowered  to  form  a  body  politic  and 
corporate,  under  such  name  as  they  may  adopt,  for  the 
urpose  of  erecting  buildings,  and  owning  a  hotel,  in  the 
town  of  Rockford,  in  the  county  of  Winnebago,  by  com- 
plying with  the  })rovisions  and  requisitions  of  "An  act  to 
authorize  the  formation  of  corporations  for  manufacturing, 
agricultural  and  mechanical  purposes,"  passed  February 
10,  1849,  so  far  as  the  same  may  be  applicable  and  neces- 
sary for  the  formation  of  corporations  under  said  act;  and 
such  corporation  so  formed  shall  be  subject  to  all  the  lia- 
bility, restriction  and  limitations  of  said  act,  so  far  as  the 
same  may  be  consistent  with  tiie  purpoS(^s  and  objects  of 
the  corporation  to  be  created   under  this  act. 

§  2.  This  act  shall  take  effect  from  and  after  the  pas- 
sage thereof. 

Approved  February  12,  1863. 


rafcrs. 


525  1853. 

AN  ACT  to  authorize  the  building  of  a  bridge  across  the  Illinois  river,  at  in  force  Jan.  27, 
Ottawu.  1863. 

Section  1.  Be  it  enacted  by  the  peojjle  of  the  state  of 
Il/inuis,  representedin  the  General */issemhiy,  That  George corpo: 
H.  Walker,  John  V.  A.  Hoes,  Bronson  Murray,  Joel  W. 
Armstrong  and  Joseph  O.  Glover,  or  eiiher  of  them,  and 
their  or  his  associates,  are  hereby  created  a  body  politic 
and  corporate,  by  the  name  i.iul  style  of  the  "Illinois  River  Name. 
Bridge  Company  of  Ottawa,"  and  by  that  name  shall  have 
perpetual  succession,  may  sue  and  be  sued,  plead  and  be 
impleaded,  in  all  the  courts  in  this  state,  contract  and  be 
contracted  with,  may  make  all  needful  by-laws  and  rules 
for  the  government  of  said  company,  fix  the  amount  of  the 
capital  stock  tliereof  at  any  amount  necessary  to  carry  into 
effect  the  provisions  of  this  act,  provide  for  the  manage- 
ment of  the  affairs  of  the  company,  and  appoint  all  officers 
and  agents  deemed  necessary  for  that  purppse. 

§  2.  The  said  company,  after  its  organization,  shall  Election 
consist  of  all  persons  who  shall  become  stockholders  there- 
in; and  in  managing  all  the  affairs  of  said  company  each  stock- 
holder shall  be  entitled  to  one  vote  for  each  share  of  stock 
held  by  him;  and  in  case  any  town  or  city  shall  become  the 
holder  of  any  of  said  stock  as  hereinafter  provided,  said 
stock  shall  be  represented  by  the  supervisor  of  such  town, 
except  as  to  stock  held  by  the  town  of  Ottawa,  which  shall 
be  represented  by  the  president  of  the  board  of  trustees, 
or  in  case  tlie  said  town  shall  become  incorporated  as  a 
city,  then  said  stock  shall  be  represented  by  the  mayor  of 
said  city. 

^  3.  The  said  company  when  organized  may  construct  Bridge, 
and  maintain  a  bridge  over  the  Illinois  river,  at  Ottawa, 
in  La  Salle  county,  at  the  point  where  La  Salle  street  ex- 
tended south  will  intersect  said  river;  and  for  the  purpose 
of  erecting  and  maintaining  such  bridge  and  all  such  em- 
bankments, toll-iiouses  and  dwelling  houses  for  toll  collec- 
tors, and  such  other  works  as  may  be  necessary  for  said 
bridge,  the  said  company  may  use  so  much  of  said  La 
Salle  street  and  of  South  Water  street,  or  the  south  side 
of  the  river  and  of  the  bed  and  shores  of  said  river  as  may 
be  necessary. 

§  4.  The  said  company  shall,  at  all  times  after  the  com-  Repair. 
pletion  of  said  bridge,  keep  the  same  in  good  repair,  and 
allow  a  speedy  passage  to  all  comers,  witlv  tiieir  animals 
and  vehicles;  and  if  at  any  time  said  bridge  shall  be  out  of 
repair  so  that  the  same  shall  be  impassable  for  the  space 
of  three  months  at  any  one  time,  the  same  shall  become 
the  property  of  the  town  of  Ottawa :  Provided,  that  if 
said  bridge  shall  be  destroyed  by  fire  or  flood,  said  com- 
pany shall  be  allowed  time  necessary  to  rebuild  the  same.    * 


1853.  526 

To)i-sute.  §  5.     The  said    company   are  hereby  authorized,  after 

the  completion  of  said  bridge,  to  place  a  toll-gate  at  either 
end  of  said  bridge,  where  they  may  charge  and  receive  the 
following  rates  of  toll  for  crossing  said  bridge,  viz  :  for 
each  vehicle  drawn  by  two  horses,  mules,  asses  or  oxen, 
twenty  cents  ;  for  each  additional  horse,  mule,  ass  or  ox, 
attached  to  such  vehicle,  five  cents;  for  each  one-horse 
wagon,  carriage  or  cart,  ten  cents  ;  for  each  man  and  horse, 
five  cents  ;  for  each  hog  or  sheep,  one  cent ;  for  each  foot- 
man, three  cents  :  Provided,  that  said  company  may  dou- 
ble the  above  rates  after  nine  o'clock  in  the  evening,  and 
before  day-light  in  the  morning. 

Public  kighway.      §   ^'     '^"^  ^^^^  bridge  shall  be  deemed  a  public  highway 
'  within  the  meaning  of  the  laws    providing  for  the  punish- 
ment of  persons  injuring,  obstructing  or  destroying  public 
highways  or  bridges  in  any  manner. 

Mortgage.  §   7.   'The   Said    company    may,   if  deemed   necessary, 

mortgage  the  said  bridge  for  such  amount  and  upon  such 
terms,  and  in  such  manner  as  they  may  agree  upon  in  their 
articles  of  association. 

§  8.  Every  person  crossing  said  bridge  with  any  beast 
faster  than  upon  a  walk,  shall  forfeit  five  dollars  to  the 
proprietors  of  said  bridge,  to  be  recovered  before  any  jus- 
tice of  the  peace,  or  other  court  having  jurisdiction  of 
the  same. 

§  9.  The  said  company  shall  build  said  bridge  in  such 
a  manner  that  it  shall  not  obstruct  navigation  on  said  river; 
they  shall  keep  open  at  least  sixty  feet  at  all  times  when 
steamboats  or  other  craft  navigating  said  river  may  wish 
to  pass  said  bridge. 

Ottawa  to  sub-      §   10-     That  the  town  of  Ottawa,  in  La  Salle  county,  or 

'stock!*"  *"*'''*"'  *^^^  ^^^y  of  Ottawa,  in  case  the  same  shall  become  incorpo- 
rated as  a  city,  is  hereby  authorized  to  subscribe  to  the  capital 
stock  of  said  bridge  company  any  sum  not  exceeding  ten 
thousand  dollars, or  to  loan  the  creditof  said  town  or  city, in 
case  the  same  shall  become  incorporated  as  aforesaid,  to 
said  company  for  the  same  sum ;  and  for  the  purpose  of 
carrying  the  provisions  of  this  section  into  effect,  said  town 
of  Ottawa,  through  its  president  and  board  of  trustees,  or 
said  city  of  Ottawa,  in  case  the  same  shall  become  incor- 
porated as  a  city,  through  its  common  council,  are  hereby 
authorized  to  make  and  issue  the  bonds  of  said  town  or 
city,  as  the  case  may  be,  bearing  interest  at  a  rate  not  ex- 
ceeding ten' per  centum  per  annum,  payable  to  said  com- 
pany or  to  any  other  person  or  persons,  or  body  corporate  : 

.*r(,vis,).  Provided,  haivever,    that  whenever  such    subscription  or 

loaning  of  credit  is  proposed  to  be  made,  it  shall  be  the  duty 
of  the  president  and  board  of  trustees  of  said  town,  or  the 
common  council  of  said  city,  in  case  the  same  shall  become 
incorporated  as  aforesaid,  to  order  a  vote  of  the  taxable  in- 


527  1853. 

habitants  of  said  town  or  city,  as  the  case  maybe,  who  are 
entitled  to  vote  in  said  town  or  city,  as  the  case  may  be, 
by  publication  in  all  the  j)ublic  newspapers  published  in 
said  town,  stating  that  on  a  certain  day,  not  less  tlian  thirty 
days  from  such  publication,  a  vote  of  the  taxable  inhabi- 
tants of  said  town  or  city,  as  the  case  may  be,  who  are  en- 
titled to  vote  therein,  will  be  had  to  decide  whether  said 
tov>'n  or  city,  as  the  case  may  be,  shall  subscribe  or  loan  its 
credit  as  proposed  by  the  president  and  board  of  trustees, 
or  common  council,  as  the  case  may  be  ;  said  publication 
stating  the  amount  proposed  to  be  subscribed,  for  which 
the  credit  of  the  town  or  city  is  proposed  to  be  loaned  the 
company,  and  the  amount  and  terms  of  the  loan  proposed 
to  be  issued.  Said  vote  shall  be  taken  by  ballot  at  the 
place  of  holding  the  election;  and  if  a  majority  of  the  votes 
cast  shall  be  in  favor  of  the  proposition  of  the  president 
and  board  of  trustees  of  said  town,  or  the  common  council 
of  said  city,  then  such  subscription  shall  be  made,  other- 
wise not :  Provided^  that  in  case  such  proposition  be  not 
adopted  upon  the  first  vote,  it  shall  be  lawful  to  submit  the 
proposition,  or  any  other  proposition  in  relation  to  the  same 
subject,  in  the  same  manner,  to  a  vote  of  the  people,  when- 
ever said  board  of  trustees  or  common  council  shall  deem 
it  for  the  public  interest  to  do  so. 

§  11.  Any  township  in  La  Salle  county,  under  the  town- Towns^hips  tak% 
ship  organization  law,  may  take  stock  in  said  bridge  :  Pro-  ^*°'^'^' 
videdy  that  at  the  annual  town  meeting  in  such  town,  a 
majority  of  the  legal  voters  voting  at  such  town  meeting 
shall  vote  to  take  stock  in  said  bridge,  shall  determine  the 
amount  of  stock  to  be  taken  by  said  township,  and  shall  be 
required  by  said  company.  The  supervisor  and  town 
clerk  of  any  such  town  shall  execute  all  bonds  or  other  ob- 
ligations on  behalf  of  said  town,  which  shall  be  directed  to 
be  executed  by  the  vote  of  said  town,  at  such  annual  town 
meeting,  to  secure  the  payment  of  the  stock  so  taken  by 
such  town:  Provided,  that  the  amount  of  stock  to  betaken 
by  any  one  town  shall  not  exceed  one  thousand  dollars. 

§    12.     The  said  bridge    company  shall  iiave  tiie  samepo^-ei-. 
power  in  relation  to  procuring  materials  for  the  construction 
of  said  bridge  as  are  now  conferred  by  law  upon  the  Chi- 
cago and  Rock  Island  Railroad  Company  in  relation  to  pro- 
curing materials  for  said  road. 

§  13.  No  other  bridge  shall  be  built  across  said  Illinois 
within  two  miles  of  the  above  named  bridge  lor  the  space 
of  ten  years  :  Provided,  that  said  company  shall  comply 
with  the  provisions  of  this  act  in  relation  to  the  erection 
and  keeping  in  repair  of  the  bridge  herein  provided  for. 

§  14.  Said  company  shall  commence  the  erection  of  said 
bridge  within  one  year  and  complete  the  same  within  two 
years,  or  the  rights  conferred  by  this  act  shall  be  at  an  end. 


1853.  528 

§  15.  This  act  shall  be  deemed  and  taken  as  a  public 
act  in  >..ll  courts  of  this  state,  and  shall  be  in  force  from 
and  after  its  passage. 

Approved  January  27,  1853. 


IB  force  Feb.  11,  AN  ACT  definins:  the  width   of  River  street,  in  the  city  of  Rockford,  in 
1853.  ti^g  county  of  Winnebago,  on  the  west  side  of  Rock  river,  and  vacating 

the  northerly  end  thereof. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  rejjresenttd  in  the  General  Assembly,  That  River 
street.  Street,  in  the  city  of  Rockford,  in  the  county  of  Winnebago, 

on  the  west  side  of  Rock  river,  on  the  recorded  plat  of 
Ephraim  Wyman,  in  the  recorder's  office  of  said  county, 
is  hereby  established  and  declared  to  be  four  rods  wide  in 
its  widest  parts,  from  the  southerly  side  of  North  a^  eet, 
and  that  where  the  land  between  the  eastern  tier  of  blocks 
and  the  river  is  less  than  four  rods  wide,  said  River  street 
shall  include  all  of  said  land  between  said  blocks  and  the 
river;  and  that  the  part  of  said  River  street  lying  north  of 
North  street  is  hereby  vacated. 

§  2.  The  lands  and  premises  lying  east  of  said  River 
street  as  hereby  established,  together  with  that  part  of  River 
street  hereby  vacated,  shall  revert  to  Ephraim  Wyman,  the 
original  proprietor,  his  heirs  and  assigns. 

§  3.  This  act  shall  be  deemed  and  construed  to  be  a 
public  act. 

Approved  February  11,  1853. 


In  fores  Feb.  9,  AN  ACT  to  enable  Samuel  Smith  to  maintain  and  keep  a  ferry  over  the 


1863. 


Mississippi  river,  at  or  near  the  mouth  of   Fevre  river,  in  Jo  Davies 
county. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the  General ,^^ssenibly,  That  Samu- 
el Smith,  his  heirs  and  assigns,  is  hereby  authorized  to 
maintain  and  keep  a  ferry  over  the  Mississippi  river,  at  or 
near  the  mouth  of  Fevre  river,  in  Jo  Daviess  county,  it  be- 
ing the  same  place  where  said  Smith  now  keeps  a  ferry ; 
which  ferry,  when  establisiied,  siiall  continue  for  the  peri- 
od of  twenty  years  from  tlie  passage  of  this  act. 

§  2.     This  act  to  be  in  force  from  and  after  its  passage. 

Approved  February  9,  1853. 


529  .      1853. 

AN  ACT  to  amend  an  act  entitled  "An  act  to  adjust  and  settle  (he  title  to  i"  fw^e  F-;' 
the  wharfing^  privileges  in  Chicago,  and  for  other  puiposes,"  approved 
Febriuiry  iTlh,  IS  17,  and  in  relation  to  wharves  and  docks  in  said  city. 

Section  1.  Be  it  enacted  by  the  people  of  iht  state  of 
Illinois^  represented  in  the  General  Jissemhly^  That  the 
common  council  of  the  city  of  Chicago  shall  have  full  pow- p-^^v  v.-.  <: 
er  and  autliority  to  discontinue  and  vacate  the  whole  or 
any  part  or  portion  of  North  Water,  East  Water  and  West 
Water  streets,  and  so  much  of  any  other  street  in  said  city 
as  immediately  fronts  Chicago  river  or  either  of  its  branch- 
es, and  to  compromise,  adjust  and  determine  all  conflicting 
rights  or  claims  arising  betv/een  the  city  and  any  or  all 
persons  and  corporations  who  are  or  may  be  claimants  of 
the  fee  of  any  ])art  or  portion  of  said  streets,  or  of  any  right 
or  interest  therein;  and  upon  such  compromise  and  adjust- 
ments said  city  may  convey,  by  deed  or  otherwise,  the  fee 
in  such  parts  or  portions  of  said  streets  as  may  be  thus  va- 
cated or  discontinued  to  such  person  or  persons  as  said 
council  may  deem  entitled  to  the  same  under  the  provi- 
sions of  this  act  or  th«  act  to  which  this  is  an  amendment; 
and  all  deeds  or  other  conveyances  which  have  been  made 
and  delivered,  or  which  may  hereafter  be  made  and  deliv- 
ered by  said  city  under  the  provisions  of  this  act  or  the 
act  to  which  this  is  an  amendment,  shall  be  deemed  valid 
and  effectual  to  tlie  conveying  the  title  in  fee  of  the  prem- 
ises therein  described  to  the  person  or  persons  to  whom 
the  same  are  or  shall  be  respectively  made,  their  heirs  and 
assigns  :  Provided^  that  before  any  such  deeds  or  convey- 
ances shall  bar  or  preclude  the  rights  of  any  other  person 
or  persons  claiming  an  estate  in  such  portions  of  said 
streets  thus  vacated  or  discontinued,  such  deeds  or  con-  t 

veyances  shall  be  approved  by  the  court  under  the  provis- 
ions of  this  act  or  the  act  to  which  this  is  an  amendment ; 
or  an  order  of  the  circuit  court  shall  be  made  upon  petition 
filed  by  said  city  or  any  person  or  party  claiming  title  un- 
der such  deeds  or  conveyances  respectively,  approving  and 
confirming  such  deeds  or  conveyances,  upon  notice  given 
by  })ublication  in  at  least  three  of  the  daily  papers  pub- 
lished in  said  city  of  Chicago,  for  the  space  of  time  required 
in  said  act  to  which  this  is  an  amendment,  directed  to  all 
persons  claiming  any  right  or  interest  in  tlie  premises  de- 
scribed in  said  deeds  or  conveyances,  to  appear  and  show 
cause,  if  any  they  have,  why  such  deeds  or  conveyances 
should  not  be  approved  and  c;Mifirmed.  The  provisions 
of  said  act  to  which  this  is  an  amendment  shall  apply  to 
such  parts  or  portions  of  the  above  named  streets  as  may 
be  discontinued  by  virtue  of  this  act,  as  far  as  the  same 
may  be  applicable. 

§  2.     Appeals  from  any  order  of  approval  or  confirma-  Appeals. 
lion  under  this   act  may  be  taken  within  the  time   and  in 
[12] 


1853.  530 

the  manner  and  as  is  provided  in  said  act  to  which  this  is 
an  amendment,  and  not  otherwise. 

§  3.  The  city  of  Chicago  may  authorize  and  empower 
any  person  or  persons  to  whom  any  portion  of  said  streets 
thus 'discontinued  or  vacated  has  been  or  may  he  conveyed 
under  the  provisions  of  this  act  or  the  one  to  which  this  is 
an  amendment,  to  erect  wharves  or  docks,  extending  into 
the  Chicago  river  in  front  of  the  premises  thus  conveyed, 
for  the  purpose  of  facilitating  the  trade  and  commerce  of 
said  river,  and  to  receive  and  collect  reasonable  wharfage 
or  dockage  for  the  use  of  the  same;  and  no  person,  except 
the  owner  of  the  same  or  the  person  entitled  under  such 
owner,  shall  use  or  occupy  any  wliarf  or  dock  erected  in 
said  city  under  the  permission  of  the  common  council 
thereof,  v/ithout  meking  reasonable  compensation  for  such 
use  to  the  owner  thereof  or  the  party  entitled  to  the  use 
thereof  under  such  owner. 
.~.&c.  §   4.     Every  wharf  or  dock  which  shall  be  extended  or 

erected  in  any  portion  of  the  Chicago  river  or  either  of  its 
branches,  without  the  express  permission  or  authority  of 
said  city,  shall  be  forthwith  removed;  and  if  any  person  or 
persons  shall  continue  or  occupy  any  such  wharf  or  dock, 
not  authorized  by  said  city,  after  having  been  notified  in 
writino-  to  remove  the  same,  such  person  or  persons  shall 
forfeit^and  pay  to  said  city  twenty  dollars  for  eacli  day 
they  shall  thus  occupy  such  wharf  or  dock,  or  suffer  the 
same  to  remain  in  said  river  after  the  expiration  of  ten 
days  from  the  date  of  said  notice,  to  be  recovered  by  ac- 
tion of  debt  as  other  penalties  under  the  charter  or  ordi- 
nances of  said  city  may  be  recovered. 

§  5.  Neither  this  act  nor  the  act  to  which  this  is  an 
amendment  shall  be  so  construed  as  to  make  it  necessary 
to  make  any  other  person  or  corporation  a  party  to  any 
bill  authorized  to  be  filed  by  the  last  named  act,  except 
such  persons  or  corporations  as  shall  have  an  interest  in 
the  fee  or  private  use  of  so  much  of  the  premises,  lot  or 
wharfing  privilege  or  street,  to  settle  the  title  of  which 
such  bill  may  be  filed;  and  the  bills  which  have  been  or 
may  be  filed  under  said  acts  may  include  such  parts  and 
so  much  of  the  streets,  wiiarfing  lots  or  wharfing  privileges 
as  the  complainants  may  see  fit  to  include  therein:  Provi- 
ded., that  the  court  may  require  such  other  premises  to  be 
included  therein  as  may  be  deemed  necessary  by  said 
courl. 
i„.  §  6.     Tiie  court  in  which  any  suit  may  be  pending  un- 

der the  provisions  of  the  act  to  which  this  is  an  amend- 
ment, or  of  this  act,  is  hereby  authorized  and  empowered 
from  time  to  time,  to  adjudicate  and  determine  the  rights 
"  of  the  respective  parties  to  any  wharfing  lot  or  wharfing 
privilege,   or    part  thereof,   and  to    enter   a  final  decree 


531  1853. 

touching  such  lot  or  part  of  lot  without  deferring  such 
final  decree  until  the  rights  to  other  lots  or  premises  shall 
be  determined,  so  that  the  title  to  each  wharfing  lot  or 
part  of  lot  may  be  adjusted  at  the  earliest  possible  day, 
and  not  be  delayed  on  account  of  any  conflicting  claims  or 
litigation  respecting  other  lots  or  premises. 

§  7.  The  circuit  court  or  the  judges  thereof  may  hear  Motions, 
and  determine  all  matters  arising  under  this  act  or  the  one 
to  which  it  is  an  amendment,  in  vacation,  but  all  final  de- 
crees or  final  orders  made  therein  shall  be  considered  as 
made  and  entered  at  the  next  succeeding  terra  of  said 
court,  in  case  such  final  order  or  decree  shall  be  made  in 
vacation  so  far  as  the  right  to  except  to  or  appeal  from  the 
same,  and  the  computation  of  time  in  which  such  appeal 
must  be  taken  is  concerned. 

§   8.     This  act    shall   take    effect  and  be   in  force  from 
and  after  its  passage. 

Approved  February  11,  1853. 


AN  ACT  to  authorize  the    building  of  a  bridge  across  the  Vermilion  river,  In  forceFeb 
in  Livingstoi  couuty.  *^^* 

Section  1.  Be  it  enacted  by  the  peojile  of  the  state  of 
Illinois^  represented  in  the  General  Assembly^  That  Joseph 
Reynolds  and  his  associates  and  assigns  be  and  the  same  ^"■''^'^'"<i?f- 
are  hereby  authorized  to  build  a  bridge  across  Vermilion 
river,  in  Livingston  county,  from  the  south  side  of  said 
river,  in  section  22,  in  township  29,  range  4,  east  of  the 
third  principal  meridian,  to  the  north  side  of  said  river,  on 
the  same  section  or  on  section  15,  in  the  same  township 
and  range,  at  or  near  where  the  section  line  between  said 
sections  22  and  15  crosses  said  Vermilion  river. 

§  2.  The  said  Joseph  Reynolds  and  his  associates  shall 
build  said  bridge  of  good  material,  and  in  a  substantial 
manner,  so  as  to  admit  the  safe  passage  of  persons,  wagons, 
teams,  cattle,  &c.,  and  shall  commence  the  building  of  the 
same  within  five  years  from  the  passage  of  this  act. 

§  3.  At  each  end  of  said  bridge  the  said  Joseph  Rey- tou  gate. 
nolds  and  his  associates,  heirs  and  assigns,  are  hereby  au- 
thorized to  place  a  toll-gate,  where  tolls  may  be  asked,  de- 
manded and  received  by  said  Reynolds  and  his  heirs  and 
assigns,  at  the  following  rates,  to  wit :  for  each  head  of 
hogs  or  sheep  crossing  said  bridge,  one  cent ;  for  each  of 
cattle,  three  cents  ;  for  each  one  horse  wagon  or  carriage, 
ten  cents;  for  each  two  hor.=;e  wagon,  drawn  by  two  ani- 
mals, fifteen  cents  ;  for  each  three  horse  wagon,  drawn  by 
three    animals,  twenty   cents  ;  for  each  four  horse  wagon, 


1853.  532 

drawn  by  four  animals,  twenty-five  cents  ;  for  each  wagon 
drawn  by  six  animals  thirty  cents  ;  for  each  lead  horse  and 
rider,  five  cents  ;  for  each  foot  passenger,  three  cents. 

ut  rates  of  ^  4,  The  Said  Joseph  Reynolds  and  his  associates,  their 
heirs  and  assigns,  shall  cause  to  be  kept  up  in  some  con- 
spicuous place,  near  the  extreme  of  said  bridge,  lists  of 
the  rates  of  toll  herein  enumerated;  and  if  they  or  any  per- 
son under  them,  or  by  their  authority,  shall  demand  and 
receive  more  toll  than  is  allowed  by  this  act,  or  shall  un- 
reasonahly  hinder  or  delay  any  person  wishing  to  cross 
said  bridge,  they  shall  on  conviction,  forfeit  and  pay  the 
smn  of ,  to  be  recovered  by  action  of  debt  be- 
fore any  justice  of  the  peace  in  the  county. 

y-  §   5.     If  any  person  shall  willfully    do   or   cause  to  be 

done  any  injury  to  said  bridge,  the  person  or  persons  so 
offending  shall  forfeit  and  pay  to  the  said  Joseph  Reynolds 
and  his  associates  and  their  heirs  and  assigns  double  the 
amount  of  such  injury  or  damage,  to  be  recovered  before 
any  court  having  jurisdiction  of  the  same. 

u  .  §   6.     The  said  Joseph  Reynolds  and  his  associates,  and 

their  heirs  and  assigns,  shall  at  all  times  after  the  comple- 
tion thereof  keep  said  bridge  in  good  repair,  and  allow  a 
speedy  passage  to  all  persons  and  tlieir  property  over  it, 
upon  the  reception  of  the  tolls  allowed  as  herein  provided; 
and  if  at  any  time  their  said  bridge  shall  be  impassible  for 
one  year,  unless  the  same  shall  be  burned  or  destroyed  by 
floods,  the  privileges  herein  granted,  shall  be  considered 
as  null  and  void. 

.tofway.  §   7.     If  it  shall  be  necessary,  in  constructing  said  bridge 

or 'in  making  roads  to  lead  to  the  same,  to  t«ke  any  real 
estate  belonging  to  others,  or  if  real  estate  of  any  person 
in  constructing  said  bridge,  said  damage  may  be  claimed, 
assessed  and  collected  in  the  same  manner  as  is  provided 
for  the  assessment  aiid  collection  of  damages  under  the 
general  road  laws  of  this  state. 

X  uies.  "  ^  8.  If  at  any  time  before  building  said  bridge,  the  said 
Joseph  Reynolds  shall  be  desirous  of  associating  any  per- 
son or  persons  witli  him  for  the  purposes  expressed  in  this 
act,  it  shall  be  lawful  for  him  and  his  associates  to  form 
themselves  into  a  joint  stock  company,  by  the  name  and 
style  of  "  The  Vermilion  Bridge  Company,"  with  a  capi- 
tal not  exceeding  five  thousand  dollars;  to  appoint  officers 
to  conduct  the  affairs  of  the  same;  to  issue  stock  certifi- 
cates for  the  respective  amounts  each  individual  may  be 
entitled  ;  to  divide  the  stock  or  shares  of  twenty-five  dol- 
lars each,  and  to  pass  all  necessary  by-laws  for  regulating 
the  operations  of  said  joint  stock  company,  in  prosecuting 
and  completing  the  objects  herein  expressed,  and  in  the 
the  above  name,  to  sue  and  be  sued,  answer,  prosecute  and 


533  1858. 

defend,  in  all  courts  of  justice  in  tliis  state  of  competent 
jurisdiction. 

§  9.  And  the  said  Josepli  Reynolds  and  his  associates, 
and  their  heirs  and  assigns,  shall  have  the  exclusive  priv- 
ilege of  bridging  said  Vermilion  river  ior  five  miles  above 
and  five  miles  below  the  south  and  north  termination  of 
said  bridge  for  the  space  of  time  that  the  privileges  and 
powers  herein  contained  are  granted  by  this  ;ict. 

§  10.  This  act  to  take  effect  from  and  after  its  passage, 
and  to  be  in  force  for  twenty  years. 

Approved  Feb.  12,  1853. 


AN  A.CT  to  legalize  the  proceed!  n.s^s  of  the  board  o£  trustees  of  tlie  town  cf  in  lorcffvi.  8, 
Mori-is,  in  Grundy  county,  ia  the  purchase  of  a  certain  tract  of  lan'J.  ^^''• 

SECT19N,  1.  Be  it  enacted  hy  the  people  of  tlie  stale  of 
Illinois,  represented  in  the  General  ^^sscmbhj^  Tiiat  the 
purchase  of  any  tract  of  land  heretofore  made  of  the  trus-  Lesauzci. 
tees  of  the  Illinois  and  Michigan  Canal,  consisting  of  eighty 
acres,  near  the  town  of  Morris,  in  Grundy  county,  by  the 
board  of  trustees  of  said  town,  for  the  purpose  of  making 
use  of  a  portion  of  such  tract  of  land  for  the  burial  of  the 
dead,  be  and  the  same  is  hereby  legalized  and  declared  to 
be  effectual  in  law  for  the  conveyance  of  title  to  said  land. 
And  any  deed  hereafter  made  by  said  board  of  trustees  of 
the  Illinois  and  Michigan  Canal  to  the  president  and  trus- 
tees of  the  town  of  Morris  is  hereby  declared  effectual  in 
law  for  the  conveyance  of  a  perfect  title  in  fee  simple  in 
such  tract  of  land  to  the  said  town  of  Morris  ;  and  the 
said  town  of  Morris,  by  its  corporate  name,  or  the  board 
of  trustees  thereof,  or  any  corporation  hereafter  organ- 
ized for  the  government  of  said  town  to  take  the  place 
of  that  now  in  existence,  shall  have  full  power  to  convey 
the  same  in  fee  simple  to  any  individual  or  corporation, 
for  the  purpose  aforesaid  ;  and  tlie  title  thereto  shall  in 
nowise  be  affected  by  reason  of  a  want  of  power  in  any 
such  corporation  to  purchase  and  hold  real  estate. 

§   2.     This  act  shall  take  effect  and  be  in  force  from'and 
after  its  passage. 

Approved  February  11,  1853. 


KstablisU  ferry. 


1853.  534 

force  Feb.  8,  AN  ACT  to  authorize  Daniel  Horrom  to  establish  a  ferry  across  the  Illi- 
'^^"  nois  river. 

Section  1.  Be  it  enacted  hy  the  people  of  the  state  of 
Illinois,  represented  in  the  Getieral  »dssembli/,  That  Daniel 
Horrom,  his  heirs  and  assigns,  be  and  they  are  hereby  au- 
thorized to  establish  and  keep  a  ferry  across  the  Illinois 
river,  at  or  near  the  section  corners  of  section  fifteen,  six- 
teen, twenty-one  and  twenty-two,  in  township  number 
thirty-three,  north  of  range  number  six,  east  of  the  third 
principal  meridian,  for  the  terra  of  twenty  years. 
I'^ii'  §   2.     The  said  Daniel  Horrom,  his  heirs  and  assigns,  are 

hereby  authorized  to  charge,  collect  and  receive  such  rates 
of  ferriage  as  are  now  authorized  to  be  charged  by  other 
ferries  on  said  river  similarly  situated. 
Comply  with  pro-      §   3.     The   Said  Daniel   Horrom,  his   heirs  and  assigns, 
tilr'°42°reviseci  shall  comply  in  every  respect  with  the  provisions  of  chap- 
.«tatutes.  ^gj.  forty-two  of  the  Revised    Statutes,   entitled  "ferries," 

and  shall  be  entitled  to  the  same  rights  and  privileges,  and 
be  subject  to  the  same  liabilities  as  other  ferrymen  on  said 
river  similarly  situated. 

§  4.     This  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  February  8,  1853. 


Section   1.     Be  it  enacted  hy  the  people  of  the  state  of 

Illinois,  represented  in  the    General  ,/hsemhly,  Tliat  the 

Not    considered  bridge   erected    at  the   town   of  Petersburg,   in    Menard 

obstruction.  a  _  O' 

county,  by  order  of  the  county  commissioners  oi  said  coun- 
ty, across  the  Sangamon  river,  during  the  year  1851,  shall 
not  be  considered  an  obstruction  to  the  navigation  of  said 
river,  any  law  of  this  state  heretofore  passed  to  the  con- 
trary notwithstanding,  and  the  erection  of  the  same  is 
hereby  legalized,  sanctioned  and  approved. 
^^'^^"s  ^' co"»iy  §  2.  The  county  court  of  Menard  county  is  hereby  au- 
thorized and  empowered,  by  orders  entered  of  record  by 
said  court,  to  regulate  the  speed  of  travel  and  the  mode  of 
tran'^portation  over  said  bridge,  and  to  provide  for  the  pun- 
ishment of  persons  violating  such  orders  by  fine,  not  ex- 
ceeding ten  dollars  for  each  oifence,  to  be  sued  for  and 
collected  by  action  of  debt  before  any  justice  of  the  peace: 
Proxnded,  that  the  substance  of  such  orders  or  notice  of 
their  contents  be  posted  in  conspicuous  places  at  both  ends 
of  said  bridge. 

§  3.     This  act  shall  be  in  force  from  and  after  its  passage. 

Approved  February  10,  1853. 


535  1853. 

AN  ACT  supplemental  to  an  act  to  amend  the  charter  of  the  Central  Mil-  in  force  Feb. 
itary  Tract  Railroad  Company.  ^^''^* 

Section  1 .  Be  it  enacted  by  the  people  of  the  state  of  Illi- 
nois, represented  in  the  General ^/Issembly,  That  the  act  en- 
titled an  act  to  amend  an  act  entitled  "An  act  to  incor- Extend i.nmc 
porate  the  Central  Military  Tract  Railroad  Company," 
be  so  amended  as  to  authorize  the  said  company  to  extend  a 
branch  of  said  railroad  from  the  town  of  Henderson,  in  Knox 
county,  to  the  city  of  Monmouth,  in  Warren  county. 

§   2.     All  of  the  powers,  privileges  and  franchises  given  Powers. 
and    conferred     upon    said    company  in    its   original  and 
amended    charter,  shall   be    and   are  hereby  given  to  said 
company  in  construction  of  said  branch  road. 

§   3.     This  act  to  take  effect  and   be  in  force  from  and 
after  its  passage. 

Approved  Feibruary  11,  1853. 


AN 


ACT  granting   additional  powers  and  privileges  to  and  legalizing  the  l»  fot-ce  Feb,  u 
acts  of  Warsaw  and  Augusta  Plank  Road  Company.  iSo3. 


Be  it  enacted  by  the  people  of  the  state  of  Illinois,  rep- 
resented in  the  General  Assembly,  That  the  Warsaw  and 
Augusta  Plank  Road  Company,  are  hereby  authorized  to 
construct  a  branch  of  their  road  to  and  through  the  town 
of  Chili,  in  Hancock  county. 

The  said  company  are  authorized  to  issue  bonds  issue 
bearing  an  interest,  not  exceeding  ten  per  cent.,  and  to  an 
amount  not  exceeding  the  capital  stock  then  subscribed, 
for  the  purpose  of  borrowing  money  in  aid  of  the  construc- 
tion of  said  road,  and  by  their  president,  upon  an  order  of 
the  directors,  to  mortgage  said  road  or  any  portion  thereof, 
as  security  for  said  bonds.  The  said  company  may,  upon 
agreement  with  the  owner  thereof,  receive  real  estate  in 
payment  of  stock  in  said  company,  and  the  same  sell  and 
convey  by  deed  of  the  president,  upon  the  order  of  the 
directors. 

The  said  company  may,  at  any  time,  change  or  alter  Right 
the  location  of  any  portions  of  their  road,  by  agreement 
with  the  owner  or  owners  of  the  land,  or  in  case  of  disa- 
greement, may  take  as  much  land  as  may  be  convenient 
for  its  purposes,  the  damage  in  such  case,  as  well  as  in  any 
case  of  land  already  taken,  or  to  be  taken  by  the  com- 
pany, may  be  estimated  and  paid  in  manner  provided  by 
law  for  the  assessment  and  recovery  of  damages  happen- 
ing by  the  laying  out  of  public  highways,  or  they  may  be 
estimated  and  paid  under  the  act  entitled  an  act  to  pro- 
vide for  the  construction  of  plank  roads  by  a  general  law, 


1853.  536 

and  any  amendment  now  or  hereafter  made  thereto  :  Fro- 

vided,  that  the  county  court  consisting  of  the  county 
judge  alone,  may  in  all  cases,  under  section  fifteen  and,the 
subsequent  sections  of  said  act,  perform  the  duties  of  the 
county  court  referred  to  in  said  act;  and  in  case  the  owner 
or  owners  of  any  lands  set  forth  in  the  petition  referred  to  in 
section  fourteen  of  said  act  fail  to  appear  before  said  judge 
at  the  time  set  for  the  hearing  thereof,  the  said  judge  shall 
enter  an  order  confirming  the  report  of  the  commissioners 
in  regard  to  so  much  of  said  lands,  and  their  assessment 
shall  be  final  in  tlie  premises. 

All  the  acts  and  doings  of  the  Warsaw  and  Augusta 
Plank  Road  Company  organized,  or  so  intended  to  be, 
under  the  general  plank  road  law  of  the  state,  are  hereby 
legalized  ;  and  the  said  company  may  proceed  in  the  same 
manner  as  if  all  things  had  been  done  in  strict  conformity 
with  the  provisions  of  the  general  plank  road  law  of  the 
state. 

The  said  company  may  construct  any  bridges  along 
the  line  of  said  road,  and  charge  and  receive  such  toll  for 
crossing  the  same  as  may  be  prescribed  by  the  county 
court. 

The  company  may  at  anj-  time  construct  a  branch 
from  any  point  on  their  road  to  any  point  in  McDonough 
county,  with  an  additional  branch  to  La  Harpe,  U  the  di- 
rectors deem  it  advisable. 

This  act  to  be  taken  and  deemed  a  public  act,  and  to 
be  in  force  from  and   after  its  passage. 

Approved  February  10,  1853. 


f  Foi .  10,  AN  ACT  supplemental  to  an  act  concerninp;  the  Mount  Carbon  Coal  Com- 
i'^53.  panyj  approved  February  1st,  1851. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  oj 
liUnuis,  represented  in    the   Goieral  »'2sscnibti/,  That  the 

xtemic :  said  Mount  Carbon  Coal  Company,  of  the  county  of  Jack- 
son, and  state  of  Illinois,  shall  bo  and  they  are  hereby  al- 
lowed the  further  time  of  two  years  to  complete  the  rail- 
road authorized  to  be  made  by  the  aforesaid  act,  approved 
February  1st,  1851. 

vnum.;.  §2.  The  Said  Mouut  Carbon  Coal  Company  afc  hereby 
authorized  to  borrow  money,  from  time  to  time,  on  the 
credit  of  the  company,  at  any  rate  of  interest  not  exceed- 
ing seven  per  cent,  per  annum,  as  may  be  agreed  on  be- 
tween the  parties,  fortlie  sole  purpose  of  constructing  said 
road  and  furnishing  the  same  with  cars,  locomotives  and 


537  1863. 

other  machinery  necessary  to  carry  on  tlie  operations  of 
said  company,  and  may  issue  its  corporate  bonds  tlierefor 
in  denominations  of  not  less  tlian  five  hundred  dollars,  and 
to  secure  the  payment  thereof,  with  the  interest  that  may 
accrue  thereon,  may  mortgage  their  corporate  property 
or  franchises,  or  convey  the  same  by  deed  of  trust  for  said 
purposes;  and  they  may,  by  their  president  or  other  officers 
or  agents,  sell,  dispose  of  or  negotiate  such  bonds  or  stocks 
of  said  company,  at  such  times  and  places,  either  within  or 
without  "the  state,  and  at  such  rates,  and  for  such  prices  as 
in  their  opinion  will  best  advance  the  interest  of  the  said 
company;  and  if  such  bonds  or  stocks  are  thus  sold  at  a 
discount,  such  sale  shall  be  as  valid  and  binding  in  every 
respect  as  if  sold  at  par  value. 

§  3.  The  certificate  of  the  secretary  of  said  company,  Evidence. 
under  the  corporate  seal  thereof,  shall  be  received  in  all 
courts  of  justice  and  elsewhere  as  evidence  of  the  regular 
organization  of  said  company  under  its  charter,  or  of  any 
act  or  order  of  the  board  of  directors  of  said  company;  and 
the  corpor^ate  rights,  privileges  and  franchises  of  said  com- 
pany, as  granted,  are  hereby  declared  to  be  in  full  force 
and  effect,  and  all  causes,  if  any  exist,  of  forfeiture  waived. 

§  4.  Nothing  in  this  act  contained  shall  autiiorize  any 
railroad  to  be  constructed  to  any  point  north  of  a  line  run- 
ning due  east  from  the  town  of  Kaskaskia,  in  the  county  of 
Randolph. 

§  5.  This  act  shall  [be]  deemed  and  taken  as  a  public 
act,  and  shall  be  in  force  from  and  after  its  passage. 

Approved  February  10,  1853. 


AN  ACT  to  change  the  location  of  the  Western  Mail  route  at  Big  Silver  In  force  Jan  31, 
creek,  in  St.  Clair  county,  and  for  other  purposes.  ^^^' 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Jissembly,  That  the 
Ohio  and  Mississippi  Railroad  Company,  incorporated  by  change. 
this  state,  shall  be  and  they  are  hereby  permitted  to  make 
such  change  in  the  location  of  the  Great  Western  Mail 
Route,  west  of  and  over  the  bottom  of  Big  Silver  creek, 
and  in  the  road  from  Lebanon  to  Nashville,  and  near 
the  town  of  Lebanon,  passing  over  Little  Silver  creek, 
and  such  change  in  the  channel  of  said  creek,  the  same 
being  in  the  countyDf  St.  Clair,  as  may  best  facilitate  the 
construction  of  their  railroad  over  the  same  and  over  the 
said  roads  there  being:  Provided,  huivever,  that  the  said Pr"^'*'- 
company  shall,  at  their  own  expense  and  without  delay, 
make  the  said  mail  route  and  the  levees  and  embankments 


1853. 


538 


at  Big  Silver  creek,  and  the  said  road  from  Lebanon  to 
Nashville  as  passable,  for  all  purposes  of  travel,  as  they  now 
are,  and  shall  reconstruct  the  bridge  over  Little  Silver 
creek  as  substantial  and  passable  as  it  now  is;  and  shall 
make  the  new  channel  of  Little  Silver  creek  as  wide  and 
deep  as  the  same  now  is;  and  in  using  private  property  for 
such  purposes,  the  said  company  may  proceed  to  condemn 
the  same  under  the  act  to  amend  the  law  condemning  the 
right  of  way  for  purposes  of  internal  improvement,  ap- 
proved June  22,  1852. 

§  2.  This  act  to  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  Jan.  31,  1853. 


In  force  Feb.  12,  AN   ACT  to  authorize  Ira  Y.  Miinn  and  George  L.  Scott  to  keep  a  ferry 
18^3.  across  the  Illinois  river,  at  Spring  Bay. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Assembly,  That  Ira 
Y.  Munn  and  George  L.  Scott,  their  associates,  assigns  and 
successors,  shall  be  and  they  are  hereby  chartered  and 
constituted  a  body  corporate,  by  the  name  of  the  "Spring 

Name.  Bay  Ferry  and  Dyke  Company,"  with  succession  for  fifty 

years;  be  capable  of  suing  and  being  sued  in  all  courts;  be 
capable  of  contracting  and  being  contracted  with;  of  pur- 
chasing, selling  and  holding  real  estate,  both  real  and  per- 
sonal, as  necessary  and  convenient  to  enable  them  to  estab- 
lish a  ferry  across  the  Illinois  river  at  Spring  Bay,  in  this 
state;  and  to  build  dykes,  bridges  and  plank  roads  across 
the  overflowed  bottoms  of  the  Illinois  river  at  and  opposite 
said  place;  and  to  carry  out  the  privileges  and  franchises 
granted,  with  power  to  make  by-laws,  rules  and  regula- 
tions for  the  management  of  its  property,  the  stock  of  said 
company,  and  to  regulate  its  affairs. 

stock.  ^   2.     The  stock  of  said  company  shall  not  exceed  twen- 

ty-five thousand  dollars,  in  shares  of  twenty-five  dollars 
each,  which  is  declared  to  be  personal  property,  transfer- 
rable  by  assignment. 

Governed.  §   3.     The  Said  Corporation  shall,  as  soon  as  their  em- 

bankments and  dykes  are  completed,  run  a  good  and  sub- 
stantial ferry  boat  across  the  river  at  said  place,  giving 
safe  and  speedy  passage  to  all  persons  wishing  to  cross, 
and  be  governed  in  the  management  of  said  ferry  by  the 
provisions  of  the  act  entitled  "An  act  to  provide  for  the 
establishment  of  ferries,"  approved  February  12th,  1827  ; 
and  said  company  shall  have  the  right  to  make  all  the  ne- 


539  <        1863. 

cessary  dykes,  embankments  and  other  improvements  that 
may  be  deemed  necessary  to  carry  into  successful  opera- 
tion said  ferry,  upon  any  public  road  or  street  leading  to 
said  river,  or  upon  land  over  which  no  road  or  street  may 
pass,  by  obtaining  the  consent  of  the  owner  thereto. 

§  4.  Said  comjjany  shall  have  the  exclusive  privilege 
of  ferrying  at  the  town  of  Spring  Bay,  across  the  Illinois 
river,  and  for  three  miles  each  way  from  the  landing  of  the 
said  ferry  ;  said  ferry  to  be  taxed  annually  by  the  counties 
of  Peoria  and  Woodford  in  any  sum  not  exceeding  ten  dol- 
lars. 

Approved  February  12,  1853. 


AN  ACT  to  consolidate  Clark's  Exchange  Banks. 


In  force  Feb.  &- 


Whereas,  under  the  provisions  of  the  sixth  and  seventh  Preamble, 
sections  x)f  an  act  of  the  general  assembly  of  Illinois, 
entitled  "An  act  to  establish  a  general  system  of  bank- 
ing," passed  on  the  15th  day  of  February,  A.  D.  1851, 
Luther  C.  Clark,  Edward  Dodge  and  Nicholas  H.  Ridg- 
ley,  did,  on  the  twenty-sixth  oay  of  April,  A.  D.  1852, 
file  in  the  office  of  secretary  of  state,  and  also  in  the 
office  of  the  auditor  of  state,  a  copy  of  a  certificate,  made, 
executed,  acknowledged  and  recorded  in  accordance 
with  the  provisions  of  said  sections,  whereby  they  be- 
come a  body  politic  and  corporate,  by  the  name  of 
"Clark's  Exchange  Banks  ;"  and  whereas  under  the 
same  provisions  of  the  said  act,  the  said  Luther  C.  Clark, 
Edward  Dodge  and  Nicholas  H.  Ridgley,  did,  on  the 
fifteenth  day  of  June,  A.  D.  1852,  file  in  the  office  of  the 
auditor  of  state,  a  copy  of  another  certificate,  made, 
executed,  acknowledged  and  recorded  according  to  law, 
under  which  they  again  became  incorporated  under  the 
name  of  "Clark's  Exchange  Bank,"  the  said  partners 
owning  each  the  same  proportional  amount  of  the  stock 
of  both  corporations  at  the  time  of  filing  the  said  cer- 
tificates, and  having  made  no  change  since  in  the  amount 
and  proportion  of  said  stock  held  by  them  respectively; 
and  whereas  both  corporations  have  fully  complied  with 
all  the  requirements  of  the  law  necessary  to  entitle 
them  to  do  banking  business,  and  have  been  doing  bank- 
ing business  ever  since  the  filing  of  the  copies  of  the 
certificates  as  herein  set  forth,  keeping  separate  books 
and  accounts,  and  making  separate  reports  and  returns 
to  the  auditor  for  such  incorporations,  under  the  provi- 
sions of  said  act ;  and   whereas  unnecessary  labor  and 


1853.  540 

expense  are  incurred  in  the  auditor's  office,  and  by  the 

banks  in  keeping  separate   accounts  for  the  two  banks, 

which  will  be  saved  by  uniting  and  consolidating  them  ; 

therefore — 

Section  1.  Be  it  enacted  hy  the  people  of  the  state  of 
Illinois,  reprefsented  in  the  General  ^^ssemhly.  That  the 
Auukii  unite,  auditor  of  public  accounts  be  authorized  to  unite  and  blend 
together  the  accounts  of  the  said  corporations  under  the 
name  and  style  of  "Clark's  Exchange  Bank,"  and  keep  but 
one  account  with  the  said  banks,  embracing  and  uniting  in 
his  books  the  accounts  and  business  of  the  two  incorpora- 
tions ;  and  that  the  said  banks  in  making  their  returns  and 
reports  to  the  auditor  may  unite  and  consolidate  them,  in 
accordance  with  the  provisions  of  this  section,  W'hich  re- 
ports so  made  shall  be  a  full  compliance  with  the  provisions 
of  the  law  requiring  them  to  be  made  to  the  auditor. 
jjuty  ot  corpora-  ^  2.  Before  the  busiuess  and  accouuts  of  Said  Corpora- 
tions shall  be  thus  united  and  blended,  it  shall  be  the  duty 
of  said  corporation  last  created,  by  a  resolution  to  be  en- 
tered on  the  books  of  said  last  named  corporation,  a  copy 
of  which  certificate  under  the  hands  of  the  president  and 
cashier  of  tlie  said  corporation,  shall  be  filed  with  the  au- 
ditor, to  assume  all  the  debts  and  liabilities  of  said  first  named 
corporation,  and  thereafter  all  the  business  and  transactions 
of  said  corporations  sliall  be  transacted  and  carried  on  by 
said  last  named  corporation;  and  the  auditor  shall  charge 
all  the  circulating  notes  heretofore  delivered  to  said  first 
named  corporation  to  the  said  last  named  corporation, 
which  shall  receipt  for  the  same ;  and  the  auditor  shall 
hold  the  bonds  deposited  by  said  first  named  corporation 
as  security,  in  the  same  manner  as  if  the  same  had  been 
originally  deposited  by  said  last  named  corporation. 

§  3.  The  provisions  of  this  act  shall  apply  to  the  asso- 
ciations or  corporations  known  as  the  "Marine  Bank  of 
Chicago,"  and  they  may  avail  themselves  of  the  same  by 
complying  therewith,  in  the  manner  required  of  Clark's 
Exchange  Banks,  so  far  as  the  same  are  applicable,  under 
the  direction  of  tlie  auditor. 

This  act  to  take  effect  from  and  after  its  passage. 

Approved  February  8,  1853. 


Ill  force  Feb.  12,  AN  ACT  to  authorize  Narcisse  Pensone?.u  and  others  to  establish  a  ferry 

^^^^'  and  build  a  bridj^e  across  the  Kaskaslvia  river,  and  to  build  a  plank  road 

on  both  sides  of  said  river,  opposite  section  twenty-two,  in  townsiiip  one 

south,  of  range  six  west,  of  thetliird  principal  meridian,  irrSt.  Clair  county. 

Skction   1.     Be  it  enacted  by  the  people  of  th^  state  of 

Illinois,  represented i7i  the  General  */issembly,  That  Narcis- 

Buiid  bridge,      se  Pensoneau,  and  his  associates  and  assigns,  be  and  the 


541  1863. 

same  are  hereby  authorized  to  build  a  toll  bridge  across 
the  Kaskaskia  river,  in  the  county  of  St.  Clair,  from  or 
near  section  twenty-second,  T.  1  S.,  R.  6  west,  on  lands  of 
said  Pensoneau,  at  a  place  known  on  said  river  as  "The 
High  Banks  :"  Pr'uvidcd,  that  said  bridge  shall  be  con- 
structed across  the  main  channel  of  said  river  at  as  great 
an  elevation  above  the  bed  of  the  river  as  not  to  obstruct, 
in  ordinary  stages  of  water,  the  navigating  said  river;  and 
if  at  any  time  hereafter  the  navigation  of  said  Kaskaskia 
river  shall  be  improved,  by  slack  water  or  otherwise,  said 
bridge  shall  be  so  changed  in  its  construction  as  not  to  in- 
terfere with  said  improved  navigation. 

§  2.  Said  Narcisse  Pensoneau,  and  liis  associates,  heirs  Marmtr  oi 
and  assigns,  shall  build  said  bridge  of  good  materials,  and  '*''"'''*"*''• 
in  a  substantial  manner,  so  as  to  admit  the  safe  passage  of 
persons,  wagons,  teams,  cattle,  &c.,  and  shall  commence 
the  building  of  the  same  within  two  years,  and  have  the 
same  completed  within  five  years  from  the  passage  of  this 
act. 

§  3.  A'  each  end  of  said  bridge  the  said  Pensoneau, Tou-gates. 
and  his  associates,  heirs  and  assigns,  are  hereby  autliorized 
to  place  a  toll-gate  where  toll  may  be  asked,  demanded  and 
received  by  said  Ponsoneau  and  his  heirs  and  assigns,  at 
the  rate  allowed  at  the  passage  of  this  act  to  ferries  on 
said  river  Kaskaskia  by  the  county  commissioners'  court 
of  St.  Clair  county. 

§  4.  The  said  Narcisse  Pensoneau  and  his  associates,  Rates  of  (<ai 
and  their  heirs  and  assigns,  shall  procure  from  the  clerk  of 
the  county  commissioners'  court  of  St.  Clair  county  a  cer- 
tified copy  of  rates  allowed  to  ferries,  as  stated  in  the  pre- 
ceding section,  and  shall  cause  a  printed  copy  of  the  same 
to  be  kept  up  in  some  conspicuous  place  near  the  two  ex- 
tremes of  said  bridge  ;  and  if  the}-,  or  any  person  acting 
under  them,  or  by  tlieir  authority,  shall  demand  and  receive 
more  toll  tiian  is  allowed  by  this  act,  orsiiall  unreasonably 
hinder  or  detain  any  j^rson  wishing  to  cross  said  bridge, 
they  shall  forfeit  and  pay  the  sum  of  five  dollars,  to  be  re- 
covered by  any  person  suing  for  the  same,  by  action  of 
debt,  before  any  justice  of  the  peace  of  the  county  of  St. 
Clair. 

^  5.  Until  the  said  Narcisse  Pensoneau  and  his  associ-  penr. 
ates,  and  t'leir  heirs  and  assigns,  shall  have  the  said  bridge 
ready  for  use,  he  or  they  shall  be  by  this  act  authorized  to 
establish  a  ferry  across  said  river  at  or  near  the  })lace  de- 
signated herein  for  the  building  of  said  bridge,  and  siiall 
be  permitted  to  charge  for  ferrying  across  said  river  the 
same  rate  of  toll  as  hereinbefore  referred  to  and  expressed 
for  crossing  over  said  bridge  when  the  same  sliall  be  com- 
pleted, and  shall  be  held  under  the  same  restrictions,  reg- 
ulations and  forfeitures  as  expressed  in  the  fourth  section. 


& 


1863.  642 

t  voai.  §   6.     The  said  Narcisse  Pensoneau  and  his  associates, 

their  heirs  and  assigns,  are  further  authorized  by  this  act,  in 
addition  to  establishing  said  ferry,  to  build  bridges  and  plank 
roads  across  the  overflowed  land  in  the  bottom  of  said  river 
Kaskaskia,  at  or  near  the  section  designated  in  said  town- 
ship, and  to  continue  the  same  as  far  as  he  or  they  may  deem 
practicable  and  to  their  interest,  on  an  eastern  course  to 
Elkton,  in  Washington  county,  and  northwest  course  to 
the  town  Mascoutah,  in  St.  Clair  county,  on  both  sides  of 
said  river  Kaskaskia. 

ountyroad.  §  7.  Whenever  said  Narcisse  Pensoneau,  his  associ- 
ates, their  heirs  and  assigns,  shall  commence  in  the  con- 
struction of  their  ferry,  bridge  or  plank  road,  he  or  they 
shall  and  ma^  have  and  use  so  mucii  of  the  state  or  county 
roads,  crossing  at  said  point,  and  county  or  state  lands  on 
said  location,  in  said  township,  as  he  or  they  wish  to  ap- 
propriate to  their  use,  free  of  charge  for  the  same,  as  may 
be  necessary  for  the  construction  of  the  same.  And  when- 
ever one  half  mile  of  said  plank  road  shall  be  by  him  or 
them  constructed  on  both  or  either  side  of  said  river,  from 
or  to  said  ferry,  so  as  to  make  the  traveling  thereon  safe, 
easy  and  permanent,  he  or  they  may  establish  a  toll-gate 
thereon,  and  take  such  toll  from  person  or  persons,  and 
from  all  teams,  carriages  and  stock  passing  thereon,  in  ac- 
cordance with  the  provisions  of  an  act  entitled  "An  act  to 
provide  for  the  construction  of  plank  roads  bj?^  a  general 
law,"  approved  February  12,  1849,  as  to  the  rate  per  mile. 

9.  §   8.     It  shall  be  lawful  for  said  Narcisse  Pensoneau  to 

unite  his  said  road  with  any  other  plank  road  company 
which  may  be  hereafter  incorporated  by  any  law  in  this 
state,  and  to  grant  to  any  such  company  any  riglit  of  way, 
and  to  authorize  them  to  use  any  road  hereby  authorized 
to  be  used  by  him  for  the  construction  of  his  said  road,  up- 
on such  terms  as  he  or  they  may  mutually  agree  upon, 
without  violating  any  of  the  privileges  therein  granted. 

eiatiiig.  §   9.      If  at  any  time  before  the  birtlding  of  said  bridge  or 

plank  road  the  said  Narcisse  Pensoneau  shall  be  desirous 
of  associating  any  person  or  persons  with  him,  for  tl-e  pur- 
pose expressed  in  this  act,  it  shall  be  lawful  for  him  and 
his  associates  to  form  themselves  into  a  joint  stock  com- 
pany, by  t!ie  name  and  style  of  "The  Mascoutah  and  Elk- 
ton  Plank  Road  and  Bridge  Company,"  with  a  capital  not 
to  exceed  fifty  thousand  dollars;  to  appoint  officers  to  con- 
duct the  affairs  of  the  same;  to  issue  stock  certificates  for 
tiie  respective  amounts  each  individual  may  be  entitled  to, 
and  to  divide  the  stock  into  shares  of  one  hundred  dollars 
each,  and  to  pass  all  necessary  by-laws  for  transferring 
stock  and  regulating  the  operations  of  said  joint  stock 
company,  in  prosecuting  and  completing  the  object  herein 
expressed,  which  may  be  in  accordance  to  the  laws   and 


543  1853. 

constitution  of  this  state  ;  and  in  the  above  name  and  style 
to  sue  and  be  sued  to  final  judgment,  answer  and  be  an- 
swered, prosecute  and  defend  in  all  courts  of  justice;  to 
purchase,  sell  and  hold  real  and  personal  estate  in  any 
any  amount  not  to  exceed  the  capital  stock  hereinbefore 
stated;  and  to  have  and  use  a  common  seal  in  the  transac- 
tions of  the  business  of  said  joint  stock  company. 

§  10.  Said  Narcisse  Pensoneau,  his  associates,  theirRigiit  of  way. 
heirs  and  assigns,  are  hereby  authorized  and  empowered 
to  acquire  and  appropriate  to  their  use,  to  carry  out  the 
object  of  this  act,  any  land,  timber,  stone,  gravel,  which 
may  be  deemed  necessary  for  the  use  and  constriction  of 
the  said  road,  bridge  and  ferry,  and  when  the  same  cannot 
be  obtained  by  consent  of  the  owner  or  owners,  upon  rea- 
sonable terms,  the  same  shall  be  valued  and  estimated  in 
manner  provided  by  law  for  the  recovery  of  damages 
happening  by  the  laying  out  of  highways;  but  in  no  case 
shall  tlie  appeal  cause  suspension  of  laying  out  or  appro- 
priating the  same  when  the  law  referred  to  has  been  com- 
plied to. 

§  11.  And  the  said  Narcisse  Pensoneau,  his  associates,  Exciusiv.  \n\ 
their  heirs  and  assigns,  shall  have  the  exclusive  privilege  '^^®" 
of  bridging  or  ferrying  said  river  Kaskaskia  for  the  dis- 
tance of  th'ree  miles  up  and  three  miles  down,  from  the 
point  where  said  bridge  or  ferry  may  be  located,  on  or  near 
section  22,  town.  1  S.,  R.  6  west,  of  the  third  principal 
meridian,  in  St.  Clair  county,  for  the  space  of  fifty  years 
from  the  passage  of  this  act.  If  any  person  shall  willfully 
do  or  cause  to  be  done,  any  injury  to  said  ferry,  bridge  or 
plank  road,  the  person  so  offending  shall  forfeit  and  pay  to 
the  said  Narcisse  Pensoneau,  his  associates,  their  heirs 
and  assigns,  double  tlie  amount  of  such  injury  or  damages, 
to  be  recovered  before  any  court  having  jurisdiction  of  the 
same;  and  on  the  hearing  and  the  rendition  of  judgment, 
execution  shall  issue  forthwith  against  said  offender  or 
offenders.  And  if  any  team  or  teams  that  may  travel  on 
said  plank  road,  otherwise  than  to  cross  the  same  at  the 
regular  laid  outs,  or  where  the  termini  of  said  junction 
of  any  such  road  shall  be  on  different  sides  of  any  toll- 
gate,  and  shall  travel  on  and  not  pay  the  regular  tolls  for 
the  use  of  said  road  so  traveled  upon,  when  demanded,  or 
shall  leave  the  road  and  refuse  to  pay  the  toll,  when  de- 
manded, all  such  person  or  persons  shall  be  liable  to  a  fine 
of  five  dollars,  to  be  collected  in  an  action  of  trespass 
before  any  court  in  the  state  having  jurisdiction  of  the 
same;  and  on  the  rendition  of  said  judgment,  execution 
shall  issue  forthwith  against  said  trespassers.  All  fines  for 
trespass  under  this  act  shall  go  to  the  benefit  of  the  poor 
of  St.  Clair  county. 


1853.  544 

Boirowmoney.  §  12.  And  the  Said  Narcisse  Pensoneau,  liis  associates, 
their  lieirs  or  assigns,  are  hereby  empowered  and  author- 
ized to  borrow,  from  time  to  time,  such  sums  of  money,  not 
exceeding  the  capital  stock,  as  in  his  or  their  discretion, 
may  be  deemed  necessary  to  aid  in  the  construction  of  said 
work,  and  to  pay  any  rate  of  interest  not  exceeding  ten 
per  cent,  per  annum,  and  to  pledge  and  mortgage  or  hy- 
pothecate the  said  ferry  and  bridge  and  land  on  which  the 
same  is  situated,  together  with  said  plank  road  or  any  part 
thereof,  or  any  other  property,  both  real  and  personal, 
effects,  rights,  credits,  or  the  franchise  hereby  granted  or 
stock  oflKirae,  and  to  dispose  of  the  bonds  issued  for  such 
loan,  at  such  rates  and  on  such  terras  as  the  board  of  di- 
rectors may  deem  advisable,  for  the  interest  of  said  com- 
pany, on  condition  that  each  stockholder  shall  be  person- 
ally liable  for  the  amount  of  his  stock  in  final  redemption 
of  the  same. 

§  13.  If  the  aforesaid  Narcisse  Pensoneau  shall  refuse 
to  avail  himself  of  the  privileges  and  powers  herein  con- 
ferred by  this  act,  by  declining  the  association  herein  pro- 
vided for,  the  said  refusal  shall  not  in  any  manner  work  a 
forfeiture,  or  by  any  reason  impair  the  right  and  privileges 
herein  granted  to  the  fullest  extent,  but  in  the  event  of 
such  refusal  by  the  said  Pensoneau,  the  party  choosing  to 
do  so  may  as  fully  enjoy  and  execute  the  functions  of  this 
act  as  if  no  such  refusal  had  taken  place. 

§  14.  This  act  to  take  effect  from  and  after  its  passage, 
and  be  in  force  for  the  space  of  fifty  years. 

Approved  February  12,  1853. 


In  forco  Feb.  3,  AN  ACT  to  iiicorpora'e  the  Cairo  Cemetery  Associalion. 

1853. 

Section  1 .  Be  it  enacted  by  the  people  of  the  state  of  Illi- 
nois, represented  in  the  General  Assemhbi^  That  Samuel 

coriwratois.  Staats  Taylor,  Henry  Clay  Long,  George  D.  Gordon,  Pat- 
rick Corcoran,  Thomas  S.  Taylor  and  Charles  Davis,  and 
their  associates  and  successors,  be  and  they  are  hereby 
constituted  a  body  corporate  and  politic,  by  the  name  and 
style  of  "The  Cairo  Cemetery  Association,"  and  by  that 
name  shall  have  perpetual  succession,  and  shall  have  all 
the  powers,  rights  and  privileges,  liabilities  and  immunities 
incident  to  a  corporate  body. 

Heal  ostatp.  §  2.     Said   associatiou  shall   have   power  to   own  real 

estate  not  exceeding  fifteen  acres,  and  personal  property 
not  exceeding  at  one  time  five  hundred  dollars,  which  shall 
be  exempt  from  taxation  and  from  attachment  and  exe- 
cution. 


545  1853. 

§   3.     The  object  of  said  association  shall  be  exclusively  oi.jocts. 
to  lay   out,  enclose    and   ornament  a  plat  of  ground  to  be 
used  as  a  burial  place  for  the  dead. 

§  4.  Said  association  shall  have  power  to  lay  out  tiie 
burial  place  into  lots  of  suitable  size,  and  sell  the  same, 
purchasers  of  which  shall  use  the  same  as  herein  contem- 
plated, and  for  no  other  purpose. 

§  5.  The  officers  of  this  association  shall  be  a  presi-omcers. 
dent,  a  secretary  and  treasurer,  a  superintendent  and  three 
directors,  vvlio  shall  be  chosen  annually  by  ballot,  by  the 
members  of  the  association,  and  shall  hold  th^ir  office 
until  their  successors  are  chosen;  any  neglect  to  ciioose 
officers  on  the  day  fixed  upon  by  said  officers,  shall  not 
operate  as  a  forfeiture  of  this  act  of  incorporation. 

§  6.     Every  person  holding  one  or  more  lots  shall  be  dmemhcr. 
member,  and    entitled  to  one   vote  only;  absent  members 
shall  have  power  to  vote  by  proxy. 

§   7.     It  shall  be  the  duty  of  the  secretary,  on  the  order  caiime.ti.,^ 
of  the  president,  or  any  two   directors,  to  call  a  meeting 
of  the  members  for  the  choice  of  officers,  or  for  the  trans- 
action of  any  other   kind   of  business  which  this   act    au- 
thorizes, by  giving  five  days'  notice. 

§   8.     The  said  corporation  shall  have   power  to  estab-  By-um-. 
lish  and  change  by-laws,  and  prescribe  rules  and  regula- 
tions for   their  government  and  the  direction  of  their  offi- 
cers, prescribe  their  duties,  and  management  of  its  pro- 
perty and  affairs. 

§  9.     This  act  shall  be  in  force  from  and  after  its  passage. 

Approved  February  3,  1853. 


AN  ACT  to  incorporate  the  Green  Mound  Cemetery.  in  turM  Pcii 

1853. 

Section  1.  Be  it  enacted  hy  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Assembly.^  That?  John 
M.  H.  Wilson,  George  W.  Rodecker  and  John  C.  Pepper,  corponfors, 
of  the  town  of  Keithsburg  and  vicinity,  and  their  associ- 
ates and  successors,  be  and  they  are  hereby  constituted  a 
body  corporate  and  politic,  by  the  name  and  style  of  "Thestvip. 
Green  Mound  Cemetery  Association,"  and  by  that  name 
shall  have  perpetual  succession,  and  shall  have  all  the 
powers,  rights  and  privileges,  liabilities  and  immunities  in- 
cident to  a  corporate  body. 

§  2.     Said  association  shall  have  power  to  own  real  es- Reaj  «Btate. 
tate  not   exceeding  ten  acres,   and  personal   property  not 
exceeding,  at  any  one  time,  five  hundred  dollars  ;   which 
shall  be  exempt  from  taxation,  and  from  attachment   and 
execution. 

r  K2  ] 


1853,  546 

;t<=.  §   3.     The  object  of  said  association  shall  be  exclusively 

to  lay  out,  enclose  and  ornament  a  plat  of  ground,  to  be 
used  as  a  burial  place  for  the  dead,  and  are  empowered  to  lay 
the  same  out  into  lots  and  to  sell  the  same,  purchasers  of 
whicli  shall  use  the  same  as  herein  contemplated,  and  for 
no  otlier  purpose. 

cation     of      §  4.     The  proceeds  of  such  sales  and  other  funds  which 

^'  may  come  into  the  possession  of  the  association,  shall  be 

appropriated  and  used  in  eticlosing  the  grounds  and  in  im-. 
proving  and  ornamenting  ti\e  same,  or  in  otlier  objects 
connected  with  the  incorporation.  The  owners  of  lots 
in  the  cemetery  shall,  on  the  first  Saturday  in  June  next, 
elect  three  trustees,  who  shall  be  owners  of  lots  in  the 
cemetery,  one  of  whom  shall  continue  in  office  for  one 
year,  one  for  two  years,  and  one  for  three  years,  and  until 
their  successors  are  elected;  and  annually  thereafter,  on  the 
first  Saturday  of  April,  they  shall  elect  one  trustee,  who 
shall  continue  in  office  for  three  years  or  until  his  succes- 
sor is  elected  ;  any  neglect  to  elect  officers  on  said  day 
shall  not  act  as  a  forfeiture  of  this  act  of  incorporation. 

§  5.  Every  owner  of  one  or  more  lots  shall  be  a  mem- 
ber, and  shall  be  entitled  to  one  vote  ;  absent  members  may 
vote  by  proxy. 

^.j^_  §   6.     The  trustees  may  make  all  necessary  by-laws  and 

regulations  for  laying  out,  ornamenting  and  keeping  in 
repair  said  cemetery,  and  for  preserving  other  property  of 
the  association ;  they  shall  appoint  a  treasurer,  secretary 
and  sexton,  and  shall  define  their  duties  and  affix  their 
compensation. 

eate.  §   7.     The   right  of  property  to   any   lot  or  lots   which 

may  be  purchased  shall  be  vested  by  certificate  of  stock, 
signed  by  the  secretary  and  recorded  in  a  book  kept  for 
that  purpose  by  the  secretary;  and  every  transfer  of  such 
lots  shall  be  made  by  surrendering  such  certificate  to  the 
secretary,  who  shall  destroy  it  and  issue  a  new  one,  and 
make  an  entry  thereof. 

§  8.  It  shall  be  the  duty  of  said  association  to  keep  a 
register  in  a  well  bound  book,  of  all  interments  made  in 
said  cemetery,  with  all  the  particulars  connected  there- 
with, such  as  name  of  deceased,  date  of  interment,  age, 
place  of  nativity,  &c.,  so  far  as  can  be  ascertained;  which 
book  shall  be  open  and  free  for  the  inspection  of  any  one 
interested  therewith.  This  act  to  take  effect  and  be  in 
force  from  arid  after  its  passage. 
Approved  February  10,  1853. 


547  1863. 

AN  ACT  to  incorporate   Le  Roy  Seminary,  in   McLean  county,  Illinois.  l"  force  Vot>.  is. 

185S. 

Section  1.  Be  ii  enacted  by  the  people  of  the  state  of 
IlliJiois,  represented  in  the  General  Jissembly,  That  Arch- 
ibald Johnson,  R.  F.  Patton,  Cyrus  Haynes,  Levi  Dan- corpya**'"-- 
ley,  John  W.  Baddley,  James  Van  Deventer,  Daniel  Hart- 
sock,  Thomas  Buckles  and  J.  J.  Kennedy,  and  tiieir  suc- 
cessors in  office,  be  and  are  hereby  created  a  body  politic 
and  corporate,  by  the  name  of  "Le  Roy  Seminary,"  andstyi». 
by  that  name  to  remain  and  have  perpetual  succession, 
with  power  to  contract  and  be  contracted  with,  sue  and 
be  sued,  plead  and  be  impleaded,  to  receive,  acquire,  hold, 
transfer  and  convey  property,  real,  personal  and  mixed, 
to  have  and  use  the  same,  together  with  the  issues,  rents 
and  protits  thereof,  for  the  use  of  the  institution  :  Pro- 
vided^ however^  that  money  or  property  donated  for  a  spe- 
cial purpose  shall,  if  accepted,  be  applied  faithfully  to  such 
purpose. 

§  2.  The  trustees  shall  have  power  to  have,  use,  alter  powers, 
and  change  a  common  seal,  at  pleasure  ;  to  adopt  by-laws 
regulating  the  operations  of  the  corporation,  its  officers 
and  agents,  and  specifying  the  duties  of  the  students  : 
Provided,  however,  said  by-laws  be  not  inconsistent  with  Proviso, 
the  constitution  and  laws  of  the  United  States,  or  of  this 
state. 

§   3.     Theobjectof  this  corporation  shall  be  to  promote  Objects, 
the  cause  of  education  generally,  and  to  extend  the  influ- 
ence of  science,  morality  and  religion  in  the  community. 

§  4.  Said  board  of  trustees  shall  have  power  to  collect  Coiiect  mcrfyF. 
all  moneys  or  property^  which  have  or  may  be  subscribed 
for  the  benefit  of  said  seminary  ;  to  obtain  a  title  to  the 
block  or  lots  of  land  on  which  buildings  may  be  erected  ; 
to  provide  that  buildings  be  erected,  to  purchase  furniture, 
books,  maps,  charts,  globes,  philosophical  and  chemical 
apparatus. 

§  5.  The  trustees  shall  have  power  to  select  and  em-omcert^. 
ploy  a  principal  or  president,  professors  and  tutors,  as 
they  may  judge  necessary  ;  to  fix  their  compensation  ;  to 
remove  or  dismiss  any  one,  or  all  of  them,  when  they  be- 
lieve the  circumstances  require  it,  and  appoint  others  in 
their  stead  ;  to  prescribe  the  course  of  study,  fix  the 
price  of  tuition,  room  rent  and  other  accommodations 
afforded  to  students. 

§  6.  The  principal,  or  president,  professors  and  tu- Faculty, 
tors,  shall  constitute  the  faculty,  and  shall  have  full  power 
to  enforce  the  laws,  rules  and  regulations  adopted  by  the 
trustees  for  the  government  of  the  students,  and  in  the 
exercise  of  discipline  to  suspend  or  expel  students  who 
behave  immorally  or  violate  the  laws,  and  with  the  consent 
of  the  trustees,  to  confer  academical  and  honorary  degrees. 


1863.  548 

similar  to  those  conferred  by  other  seminaries  and  colleges, 
and  to  grant  certifixjates  and  diplomas  under  their  common 
seal. 
rtments.  §   7.     Said  trustecs  shall  have  power  to  establish  sep- 

arate male  and  female  departments,  a  common  school,  pre- 
paratory, scientific,  classical  and  theological  departments, 
and  may  connect  manual  labor  with  any  or  ail  these  de- 
partments. 

§  8.  The  board  of  trustees  shall  be  divided  by  the 
president  of  the  board,  at  a  meeting  to  be  held  on  the 
fourth  Monday  in  next  March,  into  three  classes,  and  those 
composing  the  first  class  shall  go  out  of  office  in  two  years; 
those  in  the  second  class,  in  four  and  those  in  the  third 
class,  in  six  years  from  said  date  ;  those  whose  term  of 
service  has  expired  will  be  re-eligible- 

Vicaacios.  §  9.     All  vacaucics  occuring  in  the  board  to  be  filled 

by  Mackinac  Presbytery  of  the  Cumberland  Presbyterian 
Church  :  Provided,  tiiat  the  trustees  in  office  may  aj)point 
persons  to  fill  vacancies,  whose  term  of  service  shall  only 
continue  until  the  presbytery  shall  take  action  on  the  case. 

Boar.i of  visitore.  §  10-  The  board  of  trustees,  with  the  concurrence  of 
said  presbytery,  may  select  annually  a  board  of  nine  vis- 
itors, who  shall  be  invited  to  attend  examinations  and  im- 
portant meetings  of  the  board,  and  shall,  when  present, 
have  a  right  to  sit,  deliberate  and  vote  on  all  subjects 
under  consideration  by  the  board. 

SKoiupt  from  §  H-  The  block  or  lots  of  land  ou  whicli  the  buildings 
may  be  erected,  belonging  to  said  institution,  not  exceed- 
ing ten  acre,;  of  land,  with  the  improvements  tiiereon,  and 
all  the  personal  property  of  the  corporation,  shall  be  ex- 
empt from  taxation  for  ai-iy  purpose  whatever. 

§   12.     This  act   shall   be   a  public  act,  and  shall  be  in 
force  from  and  after  its  passage. 
Approved  February  12,  1853. 


!  AN  ACT  to  incorporate  the  Lockport  Cemetery  Association. 

Section  1.  Be  it  enacted  by  the  people  of  the  fit  ate  of 
Illinois,  represented  in  the  General  .dssembly,  That  John 
Griswold,  David  C.  Baldwin,  Joel  Manning,  William  S. 
Myers  and  John  W.  Paddock,  and  their  associates  and 
successors,  in  the  town  of  Lockport,  Will  county,  and  its 
vicinity,  be  and  they  are  hereby  constituted  a  body  corpo- 
rate and  politic,  by  the  name  and  style  of  "The  Lockport 
Cemetery  Association,"  and  by  that  name  shall  jiave  per- 
petual succession,  and  shall  have,  possess  and  be  invested 


taxation. 


549  1853. 

with  all  powers,  rights,  priviliges  and  liabilities  incident  to 
a  corporate  body. 

§  2.     Said  association  shall  have  power  to  own  and  pos-Reaieatat.. 
sess  real  estate  not  exceeding  ten  acres  of  ground,  which 
shall  be  exempt  from  taxation. 

§   3.     The  object  of  said  association  shall  be  to  receive  object*. 
title,  to  own,  lay  out,  enclose  and  ornament  the  said  ten 
acre  lot  of  ground,  to  be  used  as  a  place  of  burial   for  the 
dead. 

§  4,  Said  association  shall  have  power  to  lay  out  said 
ground  into  streets,  alleys  and  lots,  suitable  for  family 
burial  lots,  and  sell  the  said  lots;  the  purchasers  of  which 
shall  use  the  said  lots  for  the  purposes  herein  contempla- 
ted, and  for  no  other  use  whatever;  and  on  application  of 
said  lots,  or  any  one  of  them,  to  any  other  purpose,  by  the 
purchasers,  shall  work  a  forfeiture  of  his  claim  thereto. 

§  5.  Tlie  proceeds  of  such  sale  shall  be  applied  to  theProceeds. 
payment  of  the  purchase  money  of  said  ground,  fencing, 
laying  out  and  ornamenting  the  same,  and  other  expenses 
necessary  for  carrying  into  effect  the  objects  of  this  associ- 
ation ;  and  in  laying  out  the  said  ground  into  streets,  alleys 
and  family  Jots,  sufficient  ground  shall  be  reserved  for  a 
potter's  field  or  common  burial  ground,  but  which  shall  re- 
main under  the  superintendence  of  this  association. 

§  6.  The  officers  of  this  association  shall  be  a  presi- ^^'~^'='^"- 
ident,  a  treasurer,  who  shall  act  as  a  secretary,  and  a  su- 
perintendent, who  shall  be  chosen,  annually,  on  the  first 
Monday  of  April,  by  ballot,  and  shall  hold  office  until 
their  successors  are  elected.  Notice  of  such  election  shall, 
in  the  first  instance,  be  given  by  the  said  corporators,  and 
subsequently  by  the  secretary,  by  written  notice,  at  two 
public  places  in  Lockport,  specifying  the  time  and  place 
of  holding  the  election;  and  said  corporators  shall  super- 
intend the  first  and  the  said  officers  all  subsequent  elec- 
tions; and  every  neglect  to  elect  officers  on  the  specified 
day  sliall  not  work  a  forfeiture  of  this  act  of  incorporation, 
but  subsequently  an  election  may  be  held  by  giving  ten 
days'  notice.  The  president,  treasurer  and  superinten- 
dent shall  constitute  a  board  for  the  transaction  of  business 
and  the  appointment  of  agents  for  the  accomplishment  of 
the  objects  this  association. 

§  7.  Every  person  who  at  the  passage  of  this  act  shall  Memhere. 
have  subscribed  and  paid  any  sum  of  money  for  the  pur- 
chase and  fencing  said  ground,  and  every  person  who  is 
an  owner  of  a  family  lot  therein,  shall  be  a  member  of  this 
association  and  entitled  to  one  vote  in  the  elections  under 
this  act;  absent  members  may  vote  by  proxy. 

§  8.     The  right  of  property  to   any  lot  which  may  be  certificates. 
purchased  as  a  family  lot,  shall  be  vested  in  the  purchaser, 
by  a  certificate  of  purchase  describing  the  lot,  by  number 


1853.  550 

or  otherwise,  signed  by  the  president  and  countersigned 
by  the  secretary;  and  every  certificate  of  sale  or  transfer 
shall  be  recorded  by  the  secretary,  in  a  book  to  be  kept 
for  that  purpose;  and  the  manner  of  transfer  from  one  indi- 
vidual to  another  shall  be  by  surrendering  the  former  cer- 
tificate to  be  cancelled,  and  the  issuing  of  a  second  :  Provi- 
ded^ that  no  one  individual  shall  own  more  than  two  lots,  and 
also  that  whatever  sum  any  person  may  have  subscribed 
and  paid  for  purchasing  and  fencing  said  ground  shall  be 
allowed  him  in  payment  of  the  purchase  money  of  any  fam- 
ily lot. 

ateeting.  §   9.     It  sliall  be  the  duty  of  the  secretary,  on  the  re- 

quest of  the  president  or  superintendent  or  of  four  mem- 
bers of  the  association,  to  call  a  meeting  of  the  asso- 
ciation for  the  election  of  officers  or  for  the  transaction  of 
any  business  which  this  act  authorizes,  and  which  does 
not  properly  come  under  the  control  of  the  officers,  by 
giving  five  days'  public  notice. 

aw,..  §    10.     The  said  corporation  shall  have  power  to  estab- 

lish or  make  and  change  by-laws  and  regulations  for  tlieir 
government,  the  direction  of  their  officers  and  tiie  man- 
agement of  its  property  and  aiFairs,  not  inconsistent  with 
the  laws  of  this  stale  or  of  the  United  States. 

leground.  §  ^1*  ^his  associatiou  sliall  have  power  to  lease,  for 
any  limited  time,  a  portion  of  said  ground,  not  exceeding 
two  acres,  on  which  to  erect  a  school  house  or  any  public 
building  or  buildings  for  school  purposes,  or  for  the  public 
use  of  the  village  of  Lockport;  and  they  may  lease  for  or- 
dinary use,  from  time  to  time,  any  unoccupied  portion  of 
said  ground  not  required  for  the  objects  of  this  association. 
And  this  act  shall  be  in  force  from  and  after  its  passage. 
Approved  February  12,  1853. 


AN  ACT  to  incorporate  the  Oak  Woods  Cemetery  xVasociation. 

Section  1.  Be  it  enacted  by  the  people  oj  the  state  oj 
Illinois,  represented  in  the  General  Assembly,  That  Joseph 
B.  Wells,  William  B.  Herrick,  John  Evins,  Norman  B. 
Judd,  Wm.  B.  Egan,  Ebenezer  Peck,  J.  Young  Scammon, 
R.  K.  Swift  and  Charles  N.  McKubbin,  and  their  asso- 
ciates and  successors,  be  and  they  are  hereby  created  a 
body  corporate  and  politic,  by  the  name  and  style  of  "The 
Oak  Woods  Cemetery  Association,"  near  the  city  of  Chi- 
cago, in  the  county  of  Cook,  and  by  that  name  and  style 
to  have  perpetual  succession,  and  all  the  powers,  rights, 
liabilities  and  immunities  incident  to  a  corporate  body. 


551  1853. 

§  2.  The  officers  of  said  association  shall  be  nine  di-omccn. 
rectors  and  such  other  officers  as  by  this  act  may  be  au- 
thorized or  created,  each  of  whom  shall  be  the  owner  of 
one  or  more  lots  in  the  cemetery  of  said  association.  Said 
directors,  or  a  majority  of  them,  in  all  cases  shall  constitute 
a  board  for  the  transaction  of  all  business,  and  the  man- 
agement of  all  property  of  said  association,  and  shall  be 
elected  by  ballot,  on  tiie  first  Monday  in  March,  in  each 
year,  and  shall  hold  their  offices  until  their  successors  are 
elected. 

§  3.  Said  board  of  directors  shall  choose,  from  their I'lesi'ient. 
own  number,  a  president  and  treasurer,  and  shall  appoint, 
from  the  members  of  said  association,  a  secretary,  sexton 
and  such  other  officers  as  the  interest  of  said  association 
may  require.  A.  bond  with  security  shall  be  taken  by 
said  board  from  said  treasurer,  for  the  faithful  discharge 
of  the  duties  of  his  office. 

§  4.  At  all  elections  of  said  association,  two  of  saidKi-ctTt. 
directors  shall  act  as  jadges,  and  the  secretary  of  the 
board  as  chief  clerk  thereof;  and  said  clerk  shall,  within 
ten  days  after  each  election,  give  to  the  persons  chosen  a 
certificate  of  their  election.  Said  board  may,  on  giving 
ten  days'  public  notice  thereof,  hold  a  special  election  for 
filling  the  vacancy  or  vacancies  occasioned  by  the  death, 
resignation  or  removal  of  any  of  said  directors. 

§   5.     Every   person   having  a  title  of  one  or  more  lots  Members, 
in  said  cemetery,  shall   be  a  member  of  said    association, 
and  entitled  i)  one  vote  only  ;  absent  members  shall  have 
power  to  vote  by  proxy,  authorized  by  writing,  first  filed 
with  the  secretary  of  said  board. 

§  6.  Said  board  of  directors  shall  have  power  to  pur- Real estat, 
chase,  receive,  by  grant  or  otherwise,  and  hold  lands  not 
exceeding  one  hundred  and  sixty  acres,  for  a  cemetery, 
and  to  survey  and  lay  out  the  same  into  lots  suitable  for 
the  burial  of  the  dead  ;  also,  to  sell  and  convey  the  same, 
by  certificates  of  purchase,  signed  and  acknowledged  by 
the  president,  and  attested  by  the  secretary,  as  hereinafter 
provided,  and  the  purchasers  thereof,  their  heirs  and  as- 
signs, siiall  use  their  said  lots  for  burial  purposes  only. 

§  7.  The  proceeds  arising  from  the  sale  of  said  lots,^i>«"''-^ai 
shall  be  applied  by  said  directors  in  enclosing,  protecting 
and  ornamenting  said  cemetery,  and  in  making  such  other 
improvements  tliereon,  and  for  such  other  purpose  for  the 
interest  and  objects  of  said  association  as  the  said  direc- 
tors may  deem  necessary  or  appropriate,  and  said  board 
of  directors  shall  have  power  to  establish  and  change  by- 
laws, prescribe  rules  and  regulations  for  the  appointment, 
term  of  office,  duties  and  fees  of  their  officers,  the  gov- 
ernment of  the  association  and  the  general  supervision  and 


1853.  552 

control  of  its  property.  Said  board  may  for  cause  remove 
any  of  the  officers  of  its  appointment. 

§  8.  Said  association  shall  have  a  corporate  seal,  with 
such  device  and  incription  tiiereon,  as  may  be  determined 
by  said  board  of  directors.  All  deeds  and  other  writings, 
made  or  issued  by  said  association,  shall  be  signed  by  the 
president,  attested  by  tiie  secretary  and  sealed  with  said 
corporate  sea). 

§  9.  Said  board  of  directors  shall  cause  to  be  kept 
and  preserved  in  a  book  or  books  provided  by  them  for 
that  purpose,  a  full  and  complete  record  of  all  their  meet- 
ings, proceedings,  orders,  purchases  and  sales  of  property, 
with  the  names  of  parties  thereto,  also  a  complete  r  eister 
of  tiie  burials  in  said  cemetery,  with  the  names  and  ages 
of  the  dead;  wiiich  book  of  record,  as  w^ell  as  all  other 
books  kept  by  the  board  of  directors  or  their  secretary, 
shall  at  all  times  be  open  for  the  inspection  of  the  mem- 
bers of  said  association. 
,j,,,,.  §    10.     The  right  of  property  to  any  lot  or  lots  in  said 

cemetery  shall  be  vested  in  the  purchaser  by  certificate  of 
purchase,  signed  by  the  president  and  attested  by  the  sec- 
retary, and  sealed  as  hereinbefore  provided;  which  certi- 
ficate shall  be  recorded  by  the  secretary  ;  every  transfer 
of  such  certificate  shall  be  made  by  surrendering  the  same 
-to  the  secretary,  who  shall  issue  a  new  certificate  to  the 
assignee  and  cancel  the  former.  Lots  owned  by  individuals 
in  said  cemetery  shall  not  be  subject  to  be  sold  on  exe- 
cution for  debt. 

§  11.  A  plat  of  said  cemetery  shall  be  made  by  some 
competent  surveyor  under  the  direction  of  said  board  of  di- 
rectors, attested  by  the  said  surveyor  and  acknowledged  by 
the  president  of  said  association  before  any  officer  author- 
ized to  take  acknowledgment  of  deeds,  and  when  so  attested 
and  acknowledged,  shall  be  recorded  in  the  recorder's  office 
of  said  county  of  Cook,  and  state  of  Illinois,  and  such 
recording  shall  give  to  the  record  all  the  force,  effect  and 
virtue  that  is  by  law  given  to  records  of  town  plats. 

§  12.  All  the  property  and  eflfects  of  this  association 
shall  be  exempted  from  taxation. 

§  13.  This  shall  be  considered  a  public  act,  and  sJiall 
be  construed  beneficially  for  all  purposes  herein  specified 
or  intended,  to  be  in  force  fiom  and  after  its  passage. 

Approved  February  12,  1853. 


553  1853. 

AN  A.CT  fo  incorporate  the  Burlincton  Bridge  Company.  In  force  Peb.  la. 

Section  1.  Be  it  enacted  by  tlie  people  of  the  state  of 
Illinois^  represented  in  the  General  Assembly^  That  Julius 
Manning,  James  W.  Grimes,  Abner  C.  Harding,  Peter Corporatorii. 
Sweat,  Eleazer  A.  Paine,  Rudolplius  Rouse,  John  S.  Pol- 
lock and  Harman  G.  Reynolds,  and  their  associates,  are 
hereby  created  a  body  corporate  and  politic,  by  the  name 
and  style  of  "The  Peoria  and  Burlington  Railroad  Bridge  Name. 
Company,"  with  power  to  build,  maintain  and  use  a  rail- 
road bridge  over  the  Mississippi  river,  or  that  portion  ofpowers. 
said  river  within  the  jurisdiction  of  the  state  of  Illinois, 
at  or  near  the  city  of  Burlington,  and  in  such  manner 
as  shall  not  materially  obstruct  or  interfere  with  the  free 
navigation  of  said  river,  and  to  connect  by  railroad  or  oth- 
erwise such  bridge  with  any  railroad,  either  in  the  state  of 
Illinois  or  Iowa,  terminating  at  or  near  such  point;  to  unite 
and  consolidate  their  privileges  and  franchises  with  any 
and  all  bridge  or  railroad  companies  in  either  of  said 
states;  to  fix  the  amount  of  capital  stock;  to  divide,  trans- 
fer and  increase  the  same;  to  borrow  money,  and  pledge 
or  mortgage  its  property  and  franchises;  to  condemn  ac- 
cording to  law  property  for  the  uses  and  purposes  of  said 
company;  to  contract,  bargain  and  agree  with  any  such 
railroad  company  or  companies  for  and  in  the  construction 
and  maintenance  of  such  bridge;  to  sell  or  lease  said  bridge 
or  the  use  of  the  same,  or  the  privileges  of  said  company,  to 
any  company  or  corporation,  on  such  terms  as  they  may 
agree  upon. 

§   2.     This  act  to  take    effect  and  be  in  force  from  and 
after  its  passage. 

Approved  February  12,  1853. 


AN  ACT  to  incorporate  Knoxville  College. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Jissembly,  That  there 
oe  and  hereby  is  created  and  established  at  Knoxville,  in 
the  county  of  Knox,  in  this  state,  a  collegiate  seminary  of 
learning  for  the  instruction  of  youth  in  the  various  branches 
of  science  and  literature,  the  uselul  arts,  and  the  learned 
and  foreign  languages. 

§  2.     That  the  said  institution  shall  be  called  and  known  gjj.,^^ 
by  the  name  and  style  of  "Knoxville  College." 

§   3.     Jackson  Dunlap,  James  W.  Knox,  Jason  Duncan,  corporatom 
Eldred    Runkle,  George  M.  Ewing,  William  H.  Whitton, 
Rufus   Miles,  Miles   Smith,  Harman   G.   Reynolds,  James 


1853.  554 

Knox  Taylor,  Julius  Manning,  William  McMurtry  and 
Cephus  Arms,  are  liereby  constituted  a  body  politic  and 
corporate,  by  the  name  and  style  of  "Tlie  Trustees  of 
Knoxville  College,"  and  by  that  name  shall  have  perpetual 
General  powers.ig^gjjgggjQjj^  and  a  common  seal,  which  seal  they  may  alter 
at  pleasure  ;  may  sue  and  be  sued,  plead  and  be  impleaded, 
with  power  to  purchase,  receive  and  hold,  to  them  and  their 
successors  forever,  any  lands,  tenements,  rents,  goods  and 
chattels  of  what  kind  soever,  which  may  be  purchased  by, 
or  may  be  devised,  or  given  to  them  for  the  use  of  tiie  said 
college,  and  to  lease,  sell,  rent,  or  otherwise  dispose  of  the 
same,  in  such  manner  as  shall  seem  most  conducive  to  the 
advantage  of  said  college  ;  to  elect  and  em])loy  such 
president,  professors,  instructors  and  tutors,  for  the  benefit 
of  said  college,  as  they  may  deem  necessary ;  to  select 
and  employ  a  treasurer,  and  such  other  officers,  agents 
and  servants  as  they  may  see  proper;  to  make,  ordain, 
establish  and  execute,  or  cause  to  be  executed,  all  such  by- 
laws, niles  and  ordinances,  not  inconsistent  with  tlie  con- 
stitution and  laws  of  the  United  States,  or  of  this  state,  as 
they  may  think  necessary  for  the  welfare  of  said  college, 
the  good  government  of  the  professors,  instructors,  tutors 
agents  and  students  of  the  same,  and  generally  to  do  all 
acts  necessary  and  proper  to  promote  the  welfare  and 
prosperty  of  said  college. 

§  4.     The  president   of  said   college,  by  and  with  the 

Power   ,<(     trus-       ■,.  n         •  ^,  i      ii   i  i-  ^-  ^         • 

t«os.  advice  ot  said  trustees,  shall  have  power  Irom  time  to  time 

to  ordain,  regulate  and  establish  the  course  and  mode  of 
instruction  and  education  to  be  pursued  in  said  college, 
and  together  with  such  professors,  instructors  and  tutors, 
as  the  corporation  may  designate,  shall  be  styled  '"Tlie 
Faculty  of  Knoxville  College,"  and  shall  have  power  to 
adopt  and  enforce  such  rules  as  may  be  deemed  expedient 
for  the  good  government  of  the  institution,  which  rules 
and  regulations  shall  not  be  inconsistent  with  the  consti- 
tution and  laws  of  the  United  States,  or  of  this  state,  nor 
with  the  by-laws  and  ordinances  of  the  corporation,  and 
shall  remain  in  force  until  disaj)proved  of  by  the  trustees 
present  at  any  meeting,  or  a  quorum  of  them,  and  no 
longer. 

§  5.     The  said  trustees   shall  have  power  to  establish 

•tudy.  "  departments  for  the  study  of  any  and  all  the  learned  and 
liberal  professions  in  the  same,  to  confer  such  degrees  as 
are  usually  conferred  in  similar  institutions  in  the  United 
States,  in  the  learned  arts  and  sciences.  The  said  trus- 
tees may  also  attach  to  said  college  an  academical  or  pre- 
paratory department,  a  female  department,  and  a  common 
school  department;  and  when  said  common  school  depart- 
ment shall  be  in  operation  agreeably  to  the  common  school 


565  1853. 

their  proportion  of  the  township  school,  college  and  semi- 
nary fund  for  such  scholars  as  may  attend  the  same  :  Pro- 
vided^ that  sucli  scholars  belong  in  the  township  where 
said  college  is  located. 

§  6  The  trustees,  or  any  five  of  them,  shall  have  Literary  aegr«e. 
power  and  authority  to  meet  at  such  times  as  they  shall 
think  necessary,  for  the  examination  of  any  candidates  for 
literary  degrees;  and  they  are  hereby  authorized  and  em- 
powered, uj)on  recommendation  of  the  faculty,  to  confer 
sucli  degrees  on  such  persons  as  in  their  opinion  shall 
merit  the  same,  in  as  ample  a  manner  as  any  other  similar 
institution  can  do,  and  under  their  common  seal  to  grant 
testimonials  thereof,  signed  by  the  faculty  of  the  college. 
The  president  of  said  college,  while  in  office  as  such  presi- 
dent, shall  be  one  of  the  trustees.  The  president  or  any 
five  of  the  trustees  shall,  at  any  time,  form  a  quorum  for 
business,  or  in  the  absence  of  the  president,  six  of  the 
trustees,  of  whom  one  shall  be  elected  president  joro  tem- 
port;  and  should  there  be  at  any  meeting  less  than  a  quo- 
rum, they  shall  have  power  of  adjourning  from  time  to 
time  until  a  quorum  shall  be  had. 

§  7.  The  said  trustees,  or  a  quorum  of  them,  shall 
elect  a  treasurer  (whom  they  may  remove  at  pleasure,) 
who  shall  give  bond  with  approved  security,  payable  to 
the  trustees  by  their  name  aforesaid,  and  their  successors, 
faithfully  to  discharge  the  duties  of  his  said  office,  and 
shall  render  an  account  of  all  moneys,  goods  and  chattels 
received  and  expended  by  him,  on  account  of  and 
for  the  use  of  said  college,  and  on  failure  or  a  refusal  to 
do  so  shall  be  subject  to  the  like  proceedings  as  are  pre- 
scribed by  law  in  cases  of  county  treasurers  in  this 
state  :  ProtuV/er/,  that  no  appropriation,  payment  or  dis- 
bursement shall,  at  any  time,  be  made  by  the  treasurer, 
but  such  as  shall  be  in  pursuance  of  the  directions  or  orders 
of  the  trustees. 

§  8.  The  said  trustees,  or  a  full  quorum  of  them,  shall  Remove  presi- 
have  power  to  remove  or  suspend  the  president,  or  any  of 
the  professors,  instructors  or  tutors,  at  any  time;  and  when 
there  shall  be  a  vacancy  in  said  board  of  trustees,  occa- 
sioned by  death,  removal,  resignation,  or  refusal  to  act, 
the  remaining  trustees,  or  a  quorum  of  them,  shall  supply 
the  vacancy.  Six  shall  constitute  a  quorum.  The  presi- 
dent with  the  concurrence  of  two  of  the  trustees,  or  any 
three  of  the  trustees,  shall  have  power  to  call  special  meet- 
ings of  the  board. 

§   9.     Whenever   any   trustee  shall    absent  himself  for  seat  vacated, 
three  successive  annual  meetings  of  the  board  of  trustees, 
without    assigning  a  sufficient  reason   at  the  fourth,  the 
trustees  of  the  said   college,  or   a  quorum  of  them,  shall 
h:.ve  power  by  entry  on  their  minutes,  to  declare  his  seat 


1853. 


556 


Aunual 

jUgh. 


vacant,  and  may  elect  a  new  trustee  to  supply  such 
vacancy. 

§  10.  There  shall  be  annual  stated  meetings  of  the 
said  trustees,  to  be  held  at  such  times  as  the  trustees  may 
appoint :  Provided^  that  they  shall  have  power  to  alter 
such  day  as  to  them  shall  seem  expedient  from  time  to 
time. 

§  11.  That  the  said  board  of  trustees  shall  never  be 
less  than  eleven,  nor  more  than  twenty  in  number;  and  the 
said  board  of  trustees  from  time  to  time,  at  any  regular 
meeting,  may  by  appointment  create  additional  trustees, 
not  exceeding  in  all  the  greater  number  specified  in  this 
section. 

Approved  February  12,  1853. 


\B  force  Feb.  12,         AN  ACT  to  incorporate  the  Kaskaskia  River  Navifi;ation  Compatiy. 
1863. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Assembly,  That  for 
Corporators.  the  improvement  of  the  Kaskaskia  river,  as  also  for  the  cer- 
tain navigation  thereof,  Smith  Moore,  Benjamin  Bond,  Elias 
S.  Dennis  and  Thomas  Keys,  of  Clinton  county;  Benjamin 
W.  Thompson  and  William  Farmer,  of  Fayette  county; 
Louis  Winter,  Charles  Dunbach  and  Aaron  Land,  of  St. 
Clair  county;  E.  P.  Rogers,  C.  H.  Rittler  and  John  Brickey, 
of  Monroe  county;  James  Ralls,  S.  B.  Adams  and  Joseph 
Mattingly,  of  Randolph  county,  and  Andrew  Herryman,  of 
Washington  county,  and  such  other  persons  as  they  may 
associate  with  them,  be  and  they  are  hereby  constituted  a 
body  corporate,  by  the  name  and  style  of  "The  Kaskaskia 
River  Navigation  Company,"  to  have  succession  for  the 
period  of  twenty  years  from  the  first  day  of  April,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  fifty-three. 
5  2.  The  said  company  or  corporators,  and  such  per- 
sons  as  they  may  associate  with  them,  and  their  successors 
or  assigns,  shall  have  and  enjoy  the  full  and  exclusive  right 
to  the  navigation  of  the  Kaskaskia  river,  by  crafts  to  be 
propelled  by  steam  or  other  power,  for  the  period  of  twenty 
years  as  aforesaid  :  Provided,  said  corporation  shall,  at 
their  corporate  expense,  cause  the  said  Kaskaskia  ri\er  to 
be  iin))roved,  either  by  dams  and  locks  or  otherwise,  and 
by  taking  from  the  bed  of  said  river  all  drift  wood  and 
other  obstructions  to  the  safe  navigation  thereof,  and 
by  removing  from  the  banks  and  \\\-i  short  elbows  or 
bends  in  said  river  the  leaning  and  standing  trees  which 
hinder  and  obstruct  navigation  :  Provided^  also,  that  noth- 


557  1853. 

ing  herein  contained  shall  be  so  construed  as  to  prevent 
the  use  of  said  river  to  any  person  or  dealer  in  produce 
living  adjacent  thereto,  who  may  desire  the  use  of  tlie  wa- 
ters thereof  to  float  his  surplus  produce  to  market  by  means 
of  flat  boats;  but  the  same  sliall  remain  free  to  be  used  by 
8uch  farmer  or  farmers  in  the  manner  in  this  proviso  indi- 
cated. 

§  3.  Said  corporators  shall  have  the  power  to  employ  capiui. 
all  the  capital  or  funds  required  to  build,  equip,  furnish 
witli  hands  and  otherwise,  as  many  water  crafts,  of  such 
size,  form,  make  and  character  as  they  may  find  suited  to 
the  carrying  trade  on  said  river,  to  be  propelled  by  steam 
or  other  power,  and  sliall  have  power  to  make  contracts  in 
their  corporate  name,  to  carry  the  surplus  products  of  the 
country,  and  ail  kinds  and  varieties  of  goods,  wares  and 
merchandise,  and,  shall  have  power  to  sue  for  and  recover 
in  any  court  in  the  state  of  Illinois  having  jurisdiction  of 
the  amount  of  debt  or  damage  claimed,  and  they  may  also 
be  sued  in  like  manner  in  said  courts  by  all  persons  hav- 
ing claims  against  6r  being  aggrieved  by  said  corporation. 

§  4.  Said  corporators,  and  their  successors  or  assigns,  uaiutainactkni!. 
may  also  have  a  right  of  action  or  actions  against  all  per- 
sons attempting  or  that  may  attempt  to  navigate  said  Kas- 
kaskia  river  wtth  any  craft  or  crafts  propelled  by  steam  or 
other  power  after  the  first  day  of  April  next,  which  action 
shall  be  by  suitor  special  action  on  the  case,  in  which  such 
damages  may  be  recovered  by  said  incorporation  as  may 
be  just  and  reasonable  for  any  infringement  of  tiieir  corpo- 
rate rights  aforesaid. 

§  5.  Said  corporation  shall  have  a  common  seal  of  such  common  «cai. 
device  as  they  may  deem  proper;  shall  have  the  right  to 
alter  or  change  the  same  at  pleasure.  All  the  corporate 
powers  of  said  company  shall  be  vested  in  and  exercised 
by  a  board  of  directors,  to  consist  of  seven  in  number,  and 
such  other  officers,  agents  and  servants  as  they  shall  ap- 
point. The  first  board  of  directors  shall  consist  of  G.  W.  F"st  board  of  di 
Billings,  Joseph  B.  Holmes,  G.  W.  Staley,  Samuel  B.  Ad- 
ams, Jacob  Knoeble,  P.  P.  Hamilton  and  William  C.  Kin- 
ney, who  shall  hold  their  offices  until  their  successors  are 
elected  and  qualified.  Vacancies  in  the  board  may  be  filled 
by  vote  of  two-thirds  of  the  directors  remaining — such  ap- 
pointees to  continue  in  oflSce  until  the  next  regular  elec- 
tion of  directors  is  held,  and  which  said  election  shall  be 
held  on  the  first  Monday  of  April,  one  thousand  eight  hun- 
dred and  fifty-five,  and  biennially  thereafter,  at  the  office 
of  the  company,  due  notice  thereof  being  given  by  publi- 
cation in  a  newspaper  published  in  Chester,  Belleville  or 
Sparta.  Said  board  of  directors  shall  have  the  manage- 
ment of  the  affairs  of  said  corporation,  and  are  hereby  ves- 
ted with  power  to  make  all  by-laws  necessary  for  the  man- 


Reserve  ol'  state. 


1853.  558 

agement  of  the  affairs  of  the  company  not  inconsistent  with 
tiie  constitution  or  laws  of  this  state  or  of  the  United  States. 
V  The  board   of  directors   shall  also  have  power  to  appoint 

such  under  agents  at  such  times  and  in  such  manner  as  the 
by-laws  to  be  adopted  by  them  may  provide. 

§  6.  The  corporation  hereby  created  shall  be  and  they 
'1.  are  hereby  bound  by  their  corporate  name  at  all  times  to 

keep  on  hand  and  in  use,  whenever  there  is  water  to  be 
found  sufficient  for  that  purpose,  a  sufficient  number  of 
light  and  substantial  water  crafts,  provided  with  all  the 
machinery  necessary  to  their  being  propelled  by  steam,  and 
such  other  craft  as  may  be  necessary  to  carry  off  to  mar- 
ket the  surplus  products  of  the  country  seeking  a  market 
through  said  channel,  on  pain  of  forfeiture  of  all  corporate 
rights  hereby  granted,  to  be  determined  by  writ  of  quo 
warranto^  to  be  issued  in  the  name  of  the  people  of  the  state 
of  Illinois,  on  the  relation  of  any  citizen  of  the  state,  from 
the  clerk's  office  of  the  circuit  court  of  either  of  the  coun- 
ties of  Randolph,  Monroe,  St.  Clair,  Washington,  Clinton 
or  Fayette. 

§  7.  The  state  of  Illinois  hereby  reserves  to  itself  the 
right  to  purchase  from  the  said  company  all  and  singular 
the  said  works  and  improvements  of  said  company,  on  the 
payment  to  them  of  the  full  amount  of  their  expenditures,  of 
whatever  kind,  with  interest  thereon  at  a  rate  of  seven  per 
centum  per  annum. 

§  8.     This  act  shall  take  effect  from  and  after  its  passage. 

Approved  February  8,  1853. 


In  force  Feb.  12,  ^N  ACT  to  build  abridge  across  the  Illinois  river,  at  the  town  of  La  Salle. 
.    1853. 

Skction  1.     Be  it  enacted  by  the  jjeopk  of  the  state  of 
Illinois,  re'presented  in  the  General  Assembly,  That  Isaac 

Corporators.  Hardy,  George  Barnett,  Alex.  Campbell,  Acfam  Johnston, 
Champlin  R.  Potter,  Charles  Todd  and  Andrew  J.  West, 
their  heirs  and  assigns,  be  authorized  to  build  a  bridge 
across  the  Illinois  river,  at  or  near  the  point  wiiere  the 
Illinois  Central  Railroad  crosses  the  Illinois  river,  near  the 
town  of  La  Salle  :  Provided,  said  bridge  shall  in  nowise 
interfere  with  the  navigation  of  said  river:  And  provided, 
further,  that  said  company  shall  construct  a  draw  in  said 
bridge  sufficient  to  open  a  space  in  said  bridge  not  less 
than  eighty  feet  in  width. 

Time   for   con-      §   2.     The  Said  Isaac   Hardy,  George    Barnett,   Alex. 

.truoHon.  Campbell,  Adam  Jolmston,  Champlin  R.  Potter,  Charles 
Todd  and  Andrew  J.  West,  their  heirs   and  assigns,  shall 


559  1863. 

commence  the  said  bridge  within  two  years,  and  complete 
the  same  witliin   four  years  after  the  passage  of  this  act. 

§  3.  The  said  Isaac  Hardy,  George  Barnett,  Alex.  Toii-gate. 
Campbell,  Adam  Johnston,  Champlin  R.  Potter,  Charles 
Todd  and  Andrew  J.  West,  their  heirs  and  assigns,  are 
hereby  authorized,  after  the  completion  of  the  said  bridge, 
to  place  a  toll-gate  at  either  end  of  said  bridge,  when 
they  and  their  heirs  and  assigns  may  demand  and  collect 
ol  every  person  passing  said  bridge  the  following  rates  of 
toll,  to  wit :  for  each  two  horse  wagon  or  carriage  drawn 
by  two  horses,  mules,  asses  or  oxen,  twenty-five  cents  ; 
for  each  additional  horse,  mule,  ass  or  ox,  attached  to  such 
wagon  or  carriage,  five  cents;  for  each  one  horse  wagon, 
carriage  or  cart,  fifteen  cents  ;  for  each  man  and  horse, 
ten  cents  ;  for  each  iiead  of  hogs  or  sheep  under  fifteen  in 
number,  one  cent  each,  and  for  all  over  fifteen  in  number, 
one-half  cent  each  ;  for  each  head  of  horses,  mules,  asses 
or  cattle,  under  fifteen  in  number,  three  cents  each,  and 
for  all  over  fifteen  in  number,  two  cents  each ;  and  for 
each  foot  passenger,  three  cents. 

§  4.  The  said  Isaac  Hardy,  George  Barnett,  Alex- Good  repair, 
ander  Campbell,  Adam  Johnston,  Champlin  R.  Potter, 
Charles  Todd  and  Andrew  J.  West,  their  heirs  and  assigns, 
shall  at  all  times  after  the  completion  of  said  bridge  keep 
the  same  in  good  rf*pair,  and  allow  a  speedy  passage  :  Pro- 
vided^ that  destruction  of  the  same  by  fire,  or  water,  or 
other  casualty,  shall  not  work  a  forfeiture  of  this  charter, 
but  the  same  shall  be  rebuilt  or  repaired  as  soon  as  prac- 
ticable tliereafter. 

§  5.  If  any  person  shall  wilfully  do  or  cause  to  beiujury. 
done  any  injury  to  said  bridge,  the  person  or  persons  so 
oftending  shall  forfeit  and  pay  to  the  proprietors  of  the 
same,  three  times  the  amount  of  such  injury,  to  be  recov- 
ered before  any  justice  of  the  peace  or  other  court  having 
jurisdiction  of  the  same. 

§  6.     The  said  bridge  shall  be  deemed  a  public  high  way  Deemed    pubi 
within  the  meaning  of  the   laws  providing  for  the  punish-  ^^'s^^^^i- 
ment  of  persons  injurying  obstructing  or  destroying  pub- 
lic highways  or  bridges,  in  any   manner  or  by  any  means 
whatever. 

§   7.     Every  person  crossing  said  bridge  with  any  beast  penalty, 
faster  than  a  walk  shall  forfeit  five  dollars  to  the  proprie- 
tors thereof,  to  be  recovered  before  any  justice  of  the  peace, 
or  other  court  having  jurisdiction  of  the  same. 

§   8.     The  said  Isaac  Hardy,  George   Barnett,  Alexan- Erect  houses, 
der  G^ampbell,  Adam  Johnston,  Champlin  R.  Potter,  Charles 
Todd  and  Andrew  J.  West,  their   heirs  and  assigns,  shall 
have  the  right  to   erect  a  suitable  house  at  either  end  of 
said  bridge,  for  the  convenience  of  a  collector  of  tolls  or 


1853. 


560 


agent :  Provided^  the  same  shall  not  interfere  with  the 
travel  to  and  from  said  bridge. 

§  9.  This  act  may  be  altered,  amended  or  repealed, 
whenever  in  the  opinion  of  the  general  assembly  the  public 
good  may  require. 

Approved  February  12,  1853. 


lo  force  Feb.  12, 


AN  ACT  to  incorporate  the  Union  Coal  an<i  Iron  Company. 


Organization 
iwmpany. 


Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinuis,  represented  in  the  General  Idssembly^  That  S.  F. 
J.  Trabue,  George  H.  Monsarrat  and  Walter  W.  Stapp, 
their  associates,  successors  and  assigns,  be  and  they  are 
hereby  constituted  a  body  corporate  and  politic,  by  the 
name,  style  and  title  of  "The  Union  Coal  and  Iron  Com- 
pany," for  the  term  of  one  hundred  years,  with  power  to 
contract  and  be  contracted  with,  sue  and  be  sued,  in  that 
name,  in  all  courts  and  places  ;  to  have  a  common  seal;  to 
engage  in  the  mining  of  coal,  iron,  salt  and  other  min- 
erals, and  in  the  manufacture  and  sale  of  salt,  iron,  lime 
and  other  products  of  lands  now  owned  or  hereafter  to  be 
owned  by  them,  and  other  articles  and  commodities,  and 
in  the  transportation  of  the  same,  or  any  of  them,  to  home 
or  foreign  markets  ;  to  hold  their  meetings  within  or  with- 
out the  state,  and  to  have  all  powers  needful  for.  the  suc- 
cessful prosecution  of  their  business,  and  for  the  execution 
of  the  powers  herein  granted. 
of  [§  2.]  ThatsaidS.F.  J.  Trabue,  George  H.  Monsarrat 
and  Waiter  W.  Stapp  sliall  have  power  to  organize  said 
company,  by  the  appointment  of  a  president  and  such  other 
officers  or  managers  as  they  may  deem  necessary,  at  such 
time  and  place  as  they  may  designate  by  notice  previously, 
given  ;  and  wiien  thus  organized,  they  and  their  successors 
shall  have  power  to  make  such  by-laws,  rules  and  regula- 
tions as  they  may  deem  necessary  from  time  to  time,  for 
the  government  and  the  management  and  the  prosecution 
of  tlie  business  of  said  company,  not  inconsistent  with  the 
constitution  and  laws  of  this  state  and  the  United  States. 

[§  3.]  The  capital  stock  of  said  company  shall  be  three 
hundred  thousand  dollars,  with  power  to  increase  the  same 
to  any  sura  not  exceeding  one  million  of  dollars. 

[§  4.]  The  said  company  may  buy,  build  and  own  boats 
for  the  carrying  on  their  business,  and  may  dispose  of  their 
property,  or  any  portion  of  it,  by  sale  or  otherwise.  They 
may  receive  real  estate  in  payment  of  such  part  of  the  sub- 
scription as  they  may  deem  advisable,  and   shall  have  the 


561  1853. 

right  to  hold,  either  by  purchase  or  otherwise,  such  real 
estate,  mining  rights  and  rights  of  way  as  may  be  thought 
necessary  by  them  for  the  successful  prosecution  of  their 
business,  and  the  same,  or  any  part  thereof,  to  sell  or  oth- 
erwise dispose  of,  as  the  interest  of  the  company  may 
require. 

[§  5.]  That  it  shall  be  lawful  for  the  president  and  man-  Borrow  mono,. 
agers  of  said  company,  from  time  to  time,  and  at  all  times, 
to  borrow  and  obtain,  on  loans,  such  sums  of  money  and  on 
such  terms  as  they  may  deem  expedient,  for  the  use  of  said 
company,  and  to  pledge  or  mortgage  all  or  any  part  of  the 
^states,  improvements,  privileges,  eftects  and  assets  what- 
soever of  the  said  company,  for  the  repayment  of  said  sums 
of  money  so  borrowed,  at  such  times  as  may  be  agreed 
upon. 

[§  6.]     That  said  company  shall  have,  possess  and  enjoy  Privileges. 
all  the  powers,  rights,  privileges  and  immunities  heretofore 
conferred  by   law,  in   this  state,  upon  any  other   company 
chartered  for  similar  purposes. 

[§  7. J      That  this  act  shall  not  be  so  construed  as  to  in-  Not  to  interfere 
fringe  or  interfere   with  any  of  the  rights  or  privileges  of  v^^ieT"'""" 
any  other  incorporated  coal  company  in  this  state.     This 
act  shall  take  effect  from  and  after  its  passage. 

Approved  F'ebruary  12,  1853. 


^^.uPJ  ^°  provide  for  the  building  of  side-walks,  and  the  levying  and  Inforce-Feb. 
collecting  of  taxes  for  that  purpose  in  the  town  of  Wilmington,  in  Will  1853. 

county.  °      ' 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Assembly,  That  it  shall 
be  lawful  for  the  legal  voters  residing  on  any  street  in  the  Tax. 
town  of  Wilmington,  in  Will  county,  to  hold  a  meeting  or 
meetmgs  at  such  time  and  place  as  may  be  hereafter  desig- 
nated, tor  the  purpose  of  voting  for  or  against  the  levying 
a  tax  on  the  real  estate  adjoining  such  street,  for  the  pur- 
pose of  building  a  side-walk  or  walks  thereon. 

§  2.  Notice  of  such  meeting  shall  be  given  at  least  ten  Notice. 
days  previous,  by  posting  up  written  or  printed  notices  in 
three  public  places  on  the  street  whereon  side-walk  or 
walks  is  or  are  proposed  to  be  built,  or  by  inserting  the 
same  two  weeks  successively,  previous  to  said  meeting,  in 
some  public  newspaper  published  in  said  town.  Said  notice 
shall  state  the  time  and  place  at  which  said  meeting  will 
be  held,  and  the  purpose  for  which  the  same  is  to  be  held, 
and  shall  be  signed  by  at  least  three  of  the  legal  voters 
residing  on  such  street. 
[L2] 


1853. 


Chnase  officers. 


Record    of 
cecdings. 


562 

§  3.  The  persons  attending  such  meeting  shall  choose 
a  chairman  and  secretary  from  their  number;  estimates  may 
be  made  of  the  amount  necessary  for  the  building  of  said 
proposed  walk  or  walks,  and  the  meeting  shall  determine 
by  vote  the  amount  of  money  if  any  that  shall  be  raised 
by  tax  for  the  building  of  such  walk  or  walks;  the  meet- 
ing shall  determine  that  part  of  the  street  and  what  street, 
and  whether  on  one  or  both  sides  of  the  same  said  walk 
shall  be  built,  and  what  kind  of  walk  or  walks  shall  be 
built,  and  if  a  majority  of  the  voters  at  said  meeting  shall 
vote  for  the  levying  a  tax,  the  same  shall  be  levied  to  the 
amount  voted  on  each  lot  or  width  of  land  on  such  street, 
and  if  a  majority  shall  vote  against  such  tax,  the  same 
shall  not  be  levied.  If  such  tax  shall  be  voted  as  afore- 
said, it  shall  be  levied  on  the  real  estate  adjoining  the  walk 
proposed  to  be  built,  and  on  no  other  property.  Said  tax 
shall  be  levied  on  such  lot  or  part  of  lot  or  tract  of  land 
along  which  said  walk  is  to  be  built,  in  proportion  to  the 
whole  number  of  feet  adjoining  to  said  walk,  and  a  suffi- 
cient amount  of  tax  shall  be  levied  on  each  corner  lot  to  < 
build  a  walk  to  the  centre  of  the  street  from  such  corner: 
Provided,  that  where  good  side-walks  are  now  made,  if 
any  there  are,  of  either  stone,  wood  or  brick,  opposite  and 
along  any  lot  or  part  of  lot,  such  lot  or  part  of  lot  shall  be 
exempt  from  taxation  to  the  extent  of  such  walk,  until 
such  walk  shall  need  rebuilding  or  repairing. 

§  4.  Said  meeting  may  choose  a  committee  of  three  to 
superintend  and  see  that  said  walk  or  walks  is  or  are  built, 
and  said  committee  when  chosen  shall  have  full  power  to 
contract  for  the  building  of  the  same,  and  to  keep  the 
same  in  repair,  and  to  remove  or  cause  to  be  removed 
obstructions,  to  receive  all  moneys  collected  for  the  pur- 
pose of  building  such  walk  or  walks,  and  to  do  all  things 
necessary  for  the  building  or  completion  of  the  same. 
Said  side-walks  shall  not  be  less  than  three  nor  more  than 
ten  feet  wide. 

§  5.  A  full  and  true  record  of  all  the  proceedings  of 
°  such  meeting  shall  be  kept  and  signed  by  the  chairman  and 
secretary,  and  filed  with  the  clerk  of  the  county  court 
within  twenty  days  after  such  meeting  shall  be  held,  audit 
shall  be  the  duty  of  the  clerk  to  keep  and  preserve  the 
same  with  the  documents  and  records  in  his  office,  and 
said  clerk  shall  forthwith  make  out  a  list  of  such  taxes, 
and  shall  carry  out  and  set  down  the  same  in  a  separate 
and  distinct  column  of  the  tax  book  for  said  town  of  Wil- 
mington, and  the  same  shall  be  collected  by  the  collector 
in  all  respects,  and  in  the  same  manner  provided  by  law 
for  the  collection  of  other  taxes;  and  in  case  of  delinquen- 
cies, the  said  lots  or  parts  of  lots  or  tracts  of  land  may  be 
proceeded  against  and   sold  in  the  same  manner  as  they 


563  1853. 

might  be  for  state  or  county  taxes,  and  the  collector  shall 
be  responsible  upon  his  bond  as  collector  for  such  side- 
walk tax,  and  he  shall  pay  the  said  taxes  over  to  the  proper 
committee  or  other  order,  as  the  money  is  collected,  re- 
taining his  fees  for  collecting  the  same. 

This  act  shall  be  in  force  from  and  after  its  passage. 

Approved  February  11,  1853. 


AN  ACT  to  authorize  James  H.  Hanchett  and  his  associates  to  build  a  toll-  In  force  Feb.  8, 
bridge  across  Rock  River,  in  the  town  of   Roscoe,  Winnebago  county,         1863. 
Illinois. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Assembly,  That  James 
H.  Hanchett  and  his  associates,  and  his  and  their  heirs  and  Buudbrwgp. 
assigns,  be  and  they  are  hereby  authorized  to  build  a  toll- 
bridge  across  Rock  River,  in  the  town  of  Roscoe,  on  or 
near  the  line  between  townships  forty-five  and  forty-six 
north. 

§  2.  The  Sfiid  James  H.  Hanchett  and  his  associates, 
their  heirs  and  assigns,  shall  commence  the  said  bridge 
within  nine  months,  and  complete  the  same  within  twenty 
months  after  the  passage  of  this  act. 

§  3.  The  said  James  H.  Hanchett  and  his  associates,  Tou-gatf. 
their  heirs  and  assigns,  are  hereby  authorized,  after  the 
completion  of  said  bridge,  tcf  place  a  toll-gate  at  either  end 
of  said  bridge,  where  he  and  they,  and  their  heirs  and  as- 
signs, may  demand  toll  of  any  and  every  person  crossing 
said  bridge  :  Provided,  that  the  rates  of  toll  for  crossing 
said  bridge  shall  never  exceed  the  following  rates,  to  wit : 
For  each  head  of  swine  or  sheep,  one  and  a  half  cents  ;  for 
each  head  of  neat  cattle,  three  cents  ;  for  each  head  of  hor- 
ses, mules  or  asses,  not  in  harness,  four  cents  ;  for  each  one 
horse  wagon  or  carriage,  fifteen  cents  ;  and  for  each  two 
horse  wagon,  drawn  by  two  animals,  twenty-five  cents ; 
and  for  each  additional  animal  drawing  such  wagon,  cart 
or  sleigh,  five  cents  ;  for  one  horse  and  rider,  ten  cents, 
and  for  each  foot  passenger,  five  cents. 

§  4.  After  the  expiration  of  ten  years  from  the  comple-  q^^^^  purchaje 
tion  of  said  bridge,  any  person  or  persons,  the  town  of  bridse. 
Roscoe  or  the  county  of  Winnebago,  may  purchase  said 
bridge  and  its  charter  for  the  purpose  of  making  it  a  free 
bridge,  by  paying  in  money,  on  appraisal  by  three  disinter- 
ested men  :  each  party  to  choose  one  of  said  appraisers, 
which  two  shall  choose  the  third  appraiser. 

§  5.  The  said  James  H.  Hanchett  and  his  associates, 
and  their  heirs  and  assigns,  shall  have  the  right  to  erect  a 


185B.  564 

suitable  house  at  either  end  of  said  bridge,  for  the  conveni- 
ence of  the  collector  of  tolls:  Provided,  the  same  shall 
not  interfere  with  the  travel  to  and  from  said  road. 
Keepin  repair.  §  6.  The  Said  James  H.  Hanchett  and  his  associates, 
their  heirs  and  assigns,  shall  at  all  times,  after  the  comple- 
tion of  said  bridge,  keep  the  same  in  good  repair,  and  al- 
low a  speedy  passage  ;  and  if  at  any  time  the  said  bridge 
shall  be  out  of  repair  so  as  to  be  impassable  for  the  space 
of  six  months  at  any  one  time,  the  same  shall  become  the 
property  of  the  town  of  Roscoe  :  Provided,  that  the  de- 
struction of  the  same  by  fire  or  water  or  other  casualty 
shall  not  work  such  forfeiture,  but  the  same  shall  be  rebuilt 
or  repaired  as  soon  as  practicable  thereafter:  And i^rovi- 
ded  further^  that  if  any  person,  in  crossing  said  bridge, 
shall  sustain  any  injury  or  damage,  either  to  himself  or  in 
his  property,  in  consequence  of  said  bridge  not  being  kept 
in  good  repair,  the  proprietor  or  proprietors  thereof  shall 
be  responsible  for  the  same  in  their  private  property. 
i'unisto«iit  of  §  7.  Any  person  crossing  said  bridge  with  any  beast, 
otrenders.  carriage  or  other  vehicle  in  a  faster  gait  than  a  walk,  shall, 
for  every  sucii  offence,  be  subject  to  a  fine  of  five  dollars, 
to  be  recovered  before  any  justice  of  the  peace  in  an  ac- 
tion of  debt:  Provided,  that  notice  of  the  same  shall  be 
put  in  large  capitals  at  each  end  of  the  bridge. 

§  8.  If  at  any  time  Rock  River  shall  be  made  naviga- 
ble by  the  erection  of  locks  in  the  dams  above  and  below 
said  bridge,  then  shall  the  proprietors  cause  a  draw  to  be 
made  in  said  bridge,  so  that  said  bridge  shall  not  obstruct 
the  navigation  of  said  river.    * 

§  9.  No  ferry  or  toll-bridge  shall  be  allowed  or  estab- 
lished within  two  miles  of  the  place  where  said  bridge  is 
authorized  to  be  built. 

Approved  February  8,  1853. 


m  force  Feb.  H,  AN  ACT  to  incorporats  Scott  Lodge,  No.  79. 

1853. 

Section  1.  Be  it  enacted  by  the  peoi^le  of  the  state  of 
Illinois,  represented  in  the  General  Assembly,  That  all 
such  persons  as  are  or  may  hereafter  become,  and  shall  so 
remain  members  of  Scott  Lodge,  No.  79,  of  Free  and 
Accepted  Masons,  at  Carlyle,  Clinton  county,  from  and 
after  the  passage  of  this  act,  shall  be  and  they  are  hereby 
constituted  a  body  corporate  and  politic,  by  the  name  and 
style  of  "Scott  Lodge,  No.  79,  of  Free  and  Accepted  Ma- 
N«n.ean  « ^ «' ^^^^^j,  ^^^  ^^  ^j^^^  ^^^^  tj^gy  ^nd  their  successors  shall 

have  succession,  and  shall  in  law  be  capable  of  suing  and 


565  1853. 

being  sued,  pleading  and  being  impleaded,  answering  and 
being  answered  unto,  in  all  courts  of  law  and  equity  what- 
soever, and  by  that  name  and  style  be  capable  of  pur- 
chasing and  receiving,  by  gift  or  otherwise,  holding  and 
conveying,  real  estate  for  the  benefit  of  said  lodge  :  Pro- 
vided., that  said  corporation  shall  not  at  any  one  time  hold 
property  to  an  amount  exceeding  ten  thousand  dollars. 

§   2.     For  tlie  purpose  of  carrying  into  effect  the  objects  Trustee;'. 
of  this  act,  the   three   highest   officers  of  said  lodge  shall 
always  be  and  are  hereby  appointed  trustees,  to  hold  their 
offices   as   such   in  said  lodge  as  appointed  by  said  lodge, 
and  qualified  from  time  to  time. 

§   3.     The   said    corporation  shall  have  power  to  make  By-iaws. 
such  by-laws  and  regulations  as  maybe  deemed  necessary 
for  the  government  of  their  concerns,  and  for  the  purchase 
and  transfer  of  real  estate. 

§  4.  A  certificate,  under  the  seal  of  said  corporation, 
that  the  said  lodge  has  been  duly  organized,  recorded  in 
the  office  of  the  circuit  court,  shall  be  evidence  of  the 
existence  and  organization  of  said  lodge. 

Approved  February  12,  1853. 


AN  ACT  to  legalize  the  incorporation  of  the  city  of  Rockford,  and  amend  In  force  Feb.  % 
the  charter  of  said  city.  1S53. 

Section  1.  Be  it  enacted  by  the  people  of  the  atate  of 
Illinois,  rejiresented  in  the  General  Assemhly.,  That  the 
incorporation  of  Rockford,  in  Winnebago  county,  as  a  city.  Legalized. 
on  the  third  day  of  January,  in  the'  year  one  thousand 
eight  hundred  and  fifty-two,  in  pursuance  of  the  provisions 
of  the  fifth  section  of  an  act  entitled  "An  act  to  incorpo- 
rate towns  and  cities,"  and  approved  February  tenth,  one 
thousand  eight  hundred  and  forty-nine,  be  and  the  same 
is  hereby  legalized,  and  said  city  declared  duly  incorpo- 
rated, under  the  provisions  of  the  aforesaid  act,  by  the 
name  and  style  of  "The  City  of  Rockford." 

§  2.  That  all  official  acts  of  the  city  council  and  of  the  Act  legaiizeci. 
mayor,  or  either  of  them,  of  said  city,  done  or  performed 
since  their  election  as  such,  and  prior  to  the  period  this 
act  shall  take  effect,  and  which  would  have  been  valid  in 
case  the  original  incorporation  as  a  city  had  been  legal,  be 
and  the  same  is  hereby  legalized. 

§   3.     That  the  corporation  limits  of  said  city  of  Rock- Limits  extended. 
ford  be  and  the  same   are  hereby  extended  so   as  to  em- 
brace all  that  district  of  country  in  said  county  of  Winne- 
bago  included    within  the  following  bounds,  to  wit,  com- 
mencing at  a  point  one   and   one-fourth  miles  north  of  the 


1858. 


5t)6 


point  of  intersection  of  the  middle  line  of  Rock  river, 
with  the  middle  line  of  State  street  in  said  city,  on  the 
east  side  of  said  river,  projected  thereto  ;  thence  east  one 
and  one-fourth  miles;  thence  west  two  and  one-half  miles  ; 
thence  north  two  and  one-half  miles  ;  thence  east  one  and 
one-fourth  miles,  to  the  place  of  beginning. 

§  4.  That  the  city  council  of  said  city  shall  have  power 
and  authority  to  exempt  from  taxation,  for  ordinary  city 
purposes,  such  piece  or  parcels  of  land  within  the  city 
limits  exceeding  in  quantity  ten  acres  each,  and  used  ex- 
clusively for  farming  purposes,  or  unimproved,  as  said  city 
council  shall  deem  just  and  proper. 

§  5.  That  the  city  council  shall  have  the  power  and 
authority  to  appoint  or  provide  for  the  election,  by  the  legal 
votes  of  said  city,  of  one  or  more  officers,  besides  the  mar- 
shal of  said  city,  who  shall  hold  their  offices  for  one  year, 
and  shall  be  authorized  to  serve  any  writ  or  process  issued 
by  the  mayor,  and  shall  have  the  same  power  and  authority 
in  and  be  entitled  to  the  same  fees  for  the  service  of  pro- 
cess as  allowed  constables  performing  like  services  in  this 
state. 

§  6.  This  act  is  hereby  declared  to  be  a  public  act, 
and  may  be  read  in  all  courts  of  law  and  equity  in  this 
state  without  proof.  This  act  to  take  effect  from  and  after 
its  passage. 

Approved  February  8,  1853. 


,  AN  ACT  granting  additional  powers  to  the  City  of  Belleville. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Jlssemhly ,  That  the  city 
council  of  the  city  of  Belleville  shall  be  and  they  are  hereby 
authorized,  for  the  purpose  of  grading,  macadamizing  and 
planking  the  streets  of  tiie  city  of  Belleville,  to  issue  their 
bonds,  bearing  interest  at  a  rate  not  exceeding  seven  per 
cent.,  to  any  amount,  the  interest  thereou  not  to  exceed, 
in  the  aggregate,  one-half  of  the  city  revenue  arising  from 
taxes  assessed  on  real  estate  within  the  corporation  :  Pro- 
vided., that  no  bond  bearing  interest  shall  be  issued  of  a  less 
denomination  than  fifty  dollars,  nor  shall  any  bond  be  made 
payable  at  a  greater  distance  of  time  than  five  years  from 
the  date  of  said  bonds,  and  the  interest  thereon  to  be  paid 
annually. 

§  2.  The  city  council  of  the  city  of  Belleville  shall  have 
power  and  authority  to  purchase,  erect,  maintain  and  reg- 
ulate, and  otherwise  provide  poor  houses,  and  work  houses, 


567  1853. 

and  houses  of  correction,  and  appoint  the  necessary  officers 
for  the  government  of  the  same. 

§  3.  That  whenever  a  work  house  shall  be  erected  and  Commitoiron 
organized  in  accordance  with  the  provisions  of  section  two  '^"^"''''^''" 
of  this  act,  the  city  council  of  the  city  of  Belleville  may, 
by  ordinance,  provide  that  any  person  who  shall  fail  or 
neglect  to  pay  any  fine  or  costs  imposed  on  him  or  her  by 
any  ordinance  of  said  city,  for  any  violation  or  breach 
thereof,  may,  instead  of  being  committed  to  jail,  be  com- 
mitted to  the  work  house  until  such  fine  and  costs  are  fully 
paid  ;  and  every  person  so  committed  to  the  work  house 
shall  be  required  to  work  for  the  city  at  such  labor  as  his 
or  her  health  and  strength  will  permit,  within  or  without 
said  work  house,  not  exceeding  ten  hours  each  day,  Sun- 
days excepted  ;  and  for  such  work  and  labor  the  person  so 
employed  shall  be  allowed,  including  his  or  her  board,  sev- 
enty-five cents  per  day  for  each  day's  work;  which  amount 
shall  go  towards  paying  such  fine  and  costs. 

§  4.  The  city  marshal  may  serve  any  process  issued 
under  and  by  virtue  of  the  charter  and  ordinances  of  the  city 
of  Belleville,  at  any  place  within  the  county  of  St.  Clair. 

§  5.  That  the  city  of  Belleville  in  adopting,  under  and  ^''"'^  ^'pp''*''- 
by  virtue  of  the  "Act  to  incorporate  towns  and  cities," 
approved  February  lOth,  1849,  the  charter  of  the  citj'  of 
Springfield, adopted  the  original  charter,  entitled  "An  act 
to  incorporate  the  city  of  Springfield,"  approved  February 
3d,  1840;  tiiat  none  of  the  acts  amendatory  of  the  charter 
of  the  city  of  Springfield  shall  apply  to  or  be  considered 
as  forming  any  part  of  the  charter  of  the  city  of  Belleville. 
That  said  city  of  Belleville  shall  have  and  possess  all  the 
rights  and  powers  specified  in  said  original  charter,  and 
such  as  are  given  by  an  act  entitled  "An  act  to  legalize  the 
incorporation  of  the  city  of  Belleville,  and  the  official  acts 
of  the  city  council  of  said  city,  and  to  empower  said  city 
to  borrow  money  at  a  rate  of  interest  not  exceeding  ten 
per  cent,  per  annum,"  approved  February  13th,  1851  : 
Provided^  the  same  do  not  conflict  with  the  constitution  or 
laws  of  this  state  now  in  force.  This  act  shall  be  in  force 
from  and  after  its  passage. 

Approved  February  10,  1853. 


AN  ACT  to  build    a  plank  road  from  Centreville  to  Illinoistown,  in  St.  ^n  force  Feb.  12- 
Clair  county.  *''^^- 

Section  1.     Be  U  enacted  hy  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Assemhly,  Tj;iat  a  cor- 
poration shall  be  established  I)y  the  name  and  style  of  "The  style. 
Centreville  and  Illinoistown  Plank  Road  Company." 


1853. 


568 


§  2.  Said  company  shall  have  perpetual  succession, 
sue  and  be  sued,  and  have  all  the  powers  of  a  corporation 
under  the  principles  of  the  common  law. 

§  3.  The  stock  of  said  company  shall  consist  of  forty 
thousand  dollars,  in  shares  of  fifty  dollars  each.  James 
Nimrick,  PeterDunn,  Henry  Ames,  Jolin  Daum,  Henry  Lei- 

ber,  Joseph  Abend,  James  Glass, Koons,  Henry  Hinck- 

ler  and  Amos  Thompson,  commissioners,  or  a  majority  of 
them,  shall  meet  in  Centreville,  in  said  county,  some  con- 
venient time  after  the  passage  of  this  act,  and  open  books 
for  the  subscription  of  stock  to  said  company;  whenever 
forty  shares  of  stock  are  subscribed,  and  five  per  cent, 
thereof  paid  in,  the  said  commissioners  are  hereby  author- 
ized to  call  a  meeting  of  the  stockholders,  who  shall  or- 
ganize said  company  by  electing  a  president,  treasurer  and 
other  officers,  who  shall  remain  in  office  one  year,  and 
until  said  stockholders  elect  others,  which  they  are  hereby 
required  to  do  each  and  every  year. 

§  4.  Said  company  are  hereby  authorized  to  build  a 
plank  road,  with  double  or  single  tracks,  from  Centreville 
to  Illinoistown,  and  to  establish  a  reasonable  toll  for  the 
use  of  said  road,  not  to  exceed,  for  a  two  horse  wagon, 
five  cents  per  mile,  and  other  travel  in  proportion.  Said 
company  may  erect  toll-gates  at  any  point  on  said  road, 
and  collect  the  toll  and  five  dollars  for  tlie  non-payment 
thereof,  before  any  justice  of  the  peace  of  the  county. 
Said  company  may  charge  toll  on  any  mile  or  miles  of  said 
road  as  said  road  may  be  completed. 

§  5.  Said  company  shall  have  power  to  enter  on  and 
occupy  for  the  use  of  said  road  any  land  on  which  to  build 
said  road,  and  use  the  timber  and  material  «^*oining  thereto, 
by  paying  a  fair  price  for  the  same,  and  if  the  parties  can- 
not agree  on  the  price,  either  party  may  apply  to  the  laws 
of  the  state  contained  in  the  Revised  Code  on  the  subject 
of  the  "right  of  way,"  and  such  other  laws  as  are  enacted 
in  the  case  of  railroads  and  plank  roads  in  this  state,  which 
said  laws  are  hereby  declared  available  under  this  act, 
when  they  are  applicable. 

§  6.  Said  company  are  hereby  authorized  to  make  by- 
laws for  the  transaction  of  the  business  of  said  company, 
not  inconsistent  with  the  laws  of  this  state.  Said  company 
are  hereby  empowered,  also,  to  make  contracts,  or  the  time 
to  pay  stock,  purchase  and  hold  land  or  lots  sufficient,  and 
no  more,  on  which  to  erect  toll-houses  and  other  buildings 
for  the  accommodation  of  said  road. 

§  7.  The  provisions  of  this  act  may  be  embraced  by 
any  plank  road  company  which  may  hereafter  be  estab- 
lished in  St.  Clair  county,  under  the  general  plank  road 
law,  which  provisions  may  be  applicable  to  said  roads  as 
to  toll  and  other  matters. 


569  1853. 

§  8.  After  the  expiration  of  twenty  years  from  the  Right  to 
passage  of  this  act,  the  county  of  St.  Clair,  or  the  state  of  '""''** 
Illinois,  shall  have  the  privilege  to  purchase  this  said  plank 
road  at  the  original  cost,  and  make  it  a  free  road.  All 
acts  and  parts  of  acts  coming  within  the  purview  and 
meaning  of  this  act,  are  hereby  repealed;  and  this  act  to 
take  effect  and  be  in  force  from  and  after  its  passage. 

Approved  February  12,  1853. 


AN  ACT  to  incorporate  the  Toulon  Lodge,  No.  93.  In  force  Feb.  10, 

1853. 

Section  1.  Be  it  enacted  hy  the  people  of  the  state  of 
Illinois  ^represented  in  the  General  Assembly^  That  William 
W.  Drummond,  Thomas  J.  Henderson,  William  F.  Thomas, 
Samuel  Thomas,  2d,  Owen  Maxfield,  William  Rose,  Jo- 
seph M.  Halstead,  Bushwell  Jopp,  Alexander  Moncreif,  and 
all  other  persons  that  are  now  and  may  hereafter  become 
and  remain  members  of  Toulon  Lodge,  No.  93,  of  Free  and 
Accepted  Masons,  at  Toulon,  Stark  county,  Illinois,  from 
and  after  the  passage  of  this  act,  shall  be  and  they  are 
hereby  constituted  a  body  corporate  and  politic,  by  the 
name  and  style  of  "Toulon  Lodge,  No.  93,  of  Free  and  Ac-  Name  and  styi.. 
cepted  Masons,"  and  by  that  name  they  and  their  succes- 
sors shall  have  succession,  and  shall,  in  law,  be  capable  of  General  power*. 
suing  and  being  sued,  pleading  and  being  impleaded,  an- 
swering and  being  answered  unto,  in  all  courts  of  law  and 
equity  whatsoeverj  and  by  that  name  and  style  be  cap  ble 
of  purchasing  and  receiving,  by  gift  or  otherwise,  holding 
and  conveying,  real  estate  for  the  benefit  of  said  lodge  : 
Provided^  that  said  corporation  shall  not,  at  any  time,  hold 
property  to  an  amount  exceeding  ten  thousand  dollars. 

§  2.  For  the  purpose  of  carrying  into  effect  the  object 
of  this  act,  the  master  and  wardens,  being  the  three  high- 
est officers  of  said  lodge,  shall  always  be  and  are  hereby 
appointed  trustees,  to  hold  their  offices  as  such  in  said 
lodge  as  appointed  by  said  lodge  and  qualified  from  time 
to  time. 

§  3.  The  said  corporation  shall  have  power  to  make 
such  by-laws  and  regulations  as  may  be  deemed  necessary 
for  the  government  of  their  concerns,  and  for  the  purchase 
and  transfer  of  real  estate. 

§  4.  A  certificate,  under  the  seal  of  the  three  highest 
officers,  and  attested  by  the  secretary  of  said  lodge,  that 
said  lodge  has  been  duly  organized,  recorded  in  the  recor- 
der's office  of  said  county,  shall  be  evidence  of  the  exist- 
ence and  organization  of  said  lodge. 

Approved  February  10,  1853. 


1853.  §70 

In  force  Feb.  10,  AN  ACT  to  incorporate  the  Whitehall  Lodge,  No.  80. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois^  represented  in  the  General  Assembly,  Tliat  all 
such  persons  as  are  or  may  hereafter  become  and  shall  so 
remain  members  of  Whitehall  Lodge,  No.  80,  of  Free  and 
Accepted  Masons,  at  Whitehall,  Greene  county,  Illinois, 
from  and  after  the  passage  of  this  act,  shall  be  and  they 
are  hereby  constituted  a  body  corporate  and  politic,  by  the 

Name  and  style,  name  and  style  of  "Whitehall  Lodge,  No.  80,  of  Free  and 
Accepted  Masons,"  and  by  that  name  they  and  their  suc- 
cessors shall  have  succession,  and  shall  in  law  be  capable 
of  suing  and  being  sued,  pleading  and  being  impleaded, 
answering  and  being  answered  unto,  in  all  courts  of  law 
and  equity  whatsoever,  and  by  that  name  and  style  be 
capable  of  purchasing  and  receiving,  by  gift  or  otherwise, 
holding  or  conveying,  real  estate,  for  the  benefit  of  said 
lodge  :  Provided,  that  said  corporation  shall  not  at  any 
one  time  hold  property  to  an  amount  exceeding  ten  thou- 
sand dollars. 

Trustees.  §  2.     For   the  purpose  of  carrying  into   effect  the   ob- 

jects of  this  act,  the  three  highest  officers  of  said  lodge 
shall  always  be  and  are  hereby  appointed  trustees,  to  hold 
their  offices  as  such  in  said  lodge  as  appointed  by  said 
lodge,  and  qualified  from  time  to  time. 

By-laws.  §   3.     The  said  corporation  shall  have  power  to  mak 

such  by-laws  and  regulations  as  may  be  deemed  necessa: 
for  the  government  of  their  concerns,  and  for  the  purchasi 
and  transfer  of  real  estate. 

Proof  Of  organi-      §  4.     A  Certificate,  under  the  seal  of  said  corporatio: 
that  the  said  lodge  has  been   duly  organized,  recorded  irf 
the  office  of  the  clerk   of  the    circuit  court,  shall  be  evi- 
dence of  the  existence  and  organization  of  said  lodge. 

§  5.  All  the  provisions  of  this  act  shall  apply  as  well 
to  Hardin  Lodge,  No.  44,  of  Free  and  Accepted  Masons, 
as  to  Whitehall  Lodge,  No.  80. 

§  6.     This  act  to  be  in  force  from  and  after  its  passage. 
Approved  February  10,  1853. 


In  force  Feb.  12,      AN  ACT  to  amend  an  act  to  amend  the  charter  of  the  city  of  Pekin. 

1858. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Assembly,  That  the 
Bniid  road,  &c.  pj[|.y  of  Pekin  is  hereby  authorized  to  build  and  construct  an 
embankment  and  plank  road  across  the  Illinois  river  bottom, 
opposite  said  city,  and  that  the  right  of  way  over  all  lands 
belonging  to  the  state  of  Illinois  be  and  is  hereby  granted 
to  said  city  of  Pekin  for  the  use  of  said  road,  one  hundred 


iIQ 
id 

i 


571  1853. 

feet  in  width,  on  such  route  as  shall  be  adopted-for  said 
road. 

§  2.  That  the  city  of  Pekin  is  hereby  authorized  to  Application 
apply  any  money  or  moneys  which  she  may  have  at  her  '""'^*'^^" 
control  for  the  purpose  of  building  said  road  ;  that  she 
may  contract  with  any  person  or  persons  to  construct  said 
road,  and  have  the  entire  control  of  the  same  when  com- 
pleted, to  make  such  rules  and  regulations  for  the  manage- 
ment and  preservation  of  the  same,  not  contrary  to  the 
laws  of  Illinois,  as  said  city  shall  deem  best. 

§  3.  That  the  city  of  Pekin  is  hereby  authorized  to  Tai^e  stock. 
subscribe  and  take  stock  in  any  rail  or  plank  roads  leading 
to  and  from  the  said  city,  not  exceeding  in  all  the  sum  of 
one  hundred  thousand  dollars  ;  and  that  the  said  city  be 
authorized  to  borrow  such  sum  or  sums  of  money  as  may 
be  so  subscribed,  and  issue  her  bonds  for  the  payment  of 
the  same. 

§  4.  That  said  city  of  Pekin  is  hereby  authorized  to 
levy  such  tax  on  the  taxable  property  of  said  city  as  shall 
be  sufficient  to  pay  all  interest  as  it  accrues  on  any  bonds 
she  may  issue  for  the  above  purpose. 

§  5.     This  act  to  be  in  force  from  and  after  its  passage. 

Approved  February  12,  1853. 


AN  ACT  further  to  amend  an  act  entitled  "An  act  to  incorporate  thecityof  infor^Feb.  12, 
Alton/'  approved  July  2lBt,  1837.  ^^• 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Assembly,  That  so 
much  of  the  8th  section  of  the  act  amendatory  of  the  act  R«peaied. 
entitled  "An  act  to  amend  the  charter  of  the  city  of  Alton," 
approved  February  23d,  1847,  which  repeals  so  much  of 
the  third  section  of  the  act  approved  July  21st,  1837, 
which  makes  elective  by  the  people  one  collector,  three 
assessors  and  one  city  constable,  be  and  the  same  is  here- 
by repealed,  and  that  the  third  section  of  the  act  approved 
July  21st,  1837,  is  hereby  reenacted,  and  shall  be  in  full  Reenactea. 
force  and  effect. 

§   2.     That  there  shall  be  elected  by  the  people  annually  officers. 
one  city  attorney,  one  harbor  master,  whose  duties  shall 
be  defined  by  the  common  council  of  said  city  of  Alton. 

§   3.     The  city    i  Alton  are  hereby  declared  to  have  and  Keenacted. 
possess  all  the  j^    vers  and  authority  which  was  taken  from 
said  city  by  thr    .ct  of  the  general  assembly  of  the  state  of 
Illinois,  apjprc    A  February  the  first,  1851,  entitled  "An  act 
to  prohibit  *   a  retailing  of  intoxicating  drinks  :"  Provided, 


1863. 


572 


that  no  license  shall  be  issued  for  a  less  sura  than  one  hun- 
dred dollars. 

§  4.  This  act  to  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  February  12,  1853. 


lu  force  Feb.  12,  AN  ACT  to  amend  the  act  incorporatine:  the  town  of  Ottawa,  approved 
1853.  July  21,  1837.  ^^ 

Section  1.     Be  it  enacted  by  the  j^^ople  of  the  state  of 
Illinois^  represented  in  the  General  Assembly^  That  it  shall 

Proof.  j^Q^  ]jg  necessary,  in  any  of  the  proceedings  in  any  of  the 

courts  of  this  state,  where  the  acts  and  doings  of  the  cor- 
porate authorities  of  the  town  of  Ottawa,  or  of  any  of  its  of- 
ficers, may  come  before  the  court,  to  prove  the  organiza- 
tion or  incorporation  of  said  town,  but  the  same  shall  be 
taken  and  considered  as  properly  and  legally  organized  and 
incorporated ;  nor  shall  it  be  necessary  to  prove  the  publi- 
cation of  any  of  the  ordinances  of  said  town,  but  the  same 
shall  be  held  valid  and  effectual  without  proof  of  the  publi- 
cation :  Provided^  this  shall  not  dispense  with  the  require- 
ments to  publish  the  same  as  directed  by  law. 

vasations.  §   2.     That  when  the  corporate  authorities  of  said  town 

shall  vacate  any  street  or  part  of  street,  lane  or  alley,  in 
said  town,  the  owner  or  owners  of  the  lots  or  land  next  to 
and  adjoining  the  same  shall  have  the  prior  right  to  pur- 
chase or  lease  the  same  of  said  town,  at  a  price  to  be  as- 
certained by  three  appraisers,  one  chosen  by  the  said  town, 
and  one  by  the  person  or  persons  owning  the  adjoining  lots 
or  land,  and  the  other  by  the  two  thus  chosen  :  Provided, 
such  purchase  or  leasing  is  done  within  six  months  from 
such  vacation. 

Deeds  &c  §  ^*     ^11  deeds  and  leases  which  have  been  or  may  here- 

after be  made  by  said  corporation  or  its  officers  shall  be 
prima  facie  evidence  of  the  regularity  of  all  the  proceed- 
ings necessary  or  proper  to  authorize  the  execution  of  such 
deeds  or  leases. 

§  4.     This  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  February  12,  1853. 


573  1853. 

AN  ACT  to  amend  an  act  entitled  "An  act  to  incorporate  the  Mississippi  in  fwce  Feb.  a, 
and  Rock  River  Junction  Railroad  Company."  '^3- 

Section  1 .  Be  if  enacted  by  the  people  of  the  state  of  Illi- 
nois, represented  in  the  General  t/9sseinbli/%  That  section 
two  of  said  act  be  and  the  same  is  hereby  so  amended  thati^^astorntormina- 
the  said  company  are  authorized  to  make  the  eastern  ter- 
mination of  said  road  on  either  the  north  or  south  side  of 
Rock  river,  as  they  may  deem  most  expedient,  and  connect 
the  same  with  the  said  Illinois  Central  Railroad,  at  or  near 
the  town  of  Dixon. 

This  act  to  take  effect  and  be  in  force  from  and  after  its 
passage. 

Approved  February  8,  1853. 


AN  ACT  to  amend  "An  act  to  incorporate  the  Shawneetown  and  Equality  In  force  Jan.  29, 
Plank  Road  Company,"  approved  June  21,  1852.  '^°^- 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Assembly,  That  the 
charter  to  incorporate  the  Shawneetown  and  Equality  Amen^iment. 
Plank  Road  Qompany,  passed  and  approved  June  21st, 
1852,  be  and  the  same  is  hereby  so  amended  as  to  authorize 
the  said  Shawneetown  and  Equality  Plank  Road  Company 
to  plank,  gravel  or  macadamize,  as  said  company  may 
deem  best,  a  certain  road  mentioned  in  the  act  to  which 
this  is  an  amendment. 

This  act  to  take  effect  from  and  after  its  passage. 

Approved  January  27,  1853. 


AN  ACT  to  amend  an  act   entitled  "An  act  to  incorporate  the  St.    Clairln  force  Feb.  il 
Turnpike  Road  Company."  i^^^- 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Assembly,  That  section 
eight  of  an  act  passed  by  the  general  assembly  of  1847,  toii. 
incorporating  the  St.  Clair  County  Turnpike  Company,  be 
so  amended  and  construed  to  authorize  said  company  to 
demand  and  collect  the  same  rates  of  toll  from  coal  wagons, 
drawn  by  horses  or  mules,  as  they  are  authorized  to  col- 
lect from  coal  wagons  drawn  by  oxen. 

§  2.     That   whenever  any  vacancy  shall  take  place  in  vacancy  iu tow; 
the  board  of  directors  by  resignation,  death  or  otherwise, . "f  ^"rector*. 
the   remaining  directors   shall  have  power  to  fill  said  va- 
cancy by  appointing  any  stockholder  to  said  company,  who 
shall  hold  his  office  until  the  next  regular  election. 


1853.  674 

c-atate.  §  3.     The   St.  Clair  County  Turnpike   Company    are 

hereby  authorized  and  empowered  to  acquire  by  purchase 
and  hold  and  again  sell  any  quantity  of  land,  not  exceed- 
ing fifty  acres,  for  the  purpose  of  quarrying  rock  and 
carrying  on  the  road. 

This  act  to  take  effect  from  and  after  its  passage. 

Approved  February  11,  1853. 


force  Feb.  11,  AN  ACT  to  increase  the  capital   stock  and  farther  amend  the  charter    of 
the  Chicago  and  Mississippi  Railroad  Company. 


Increase    capital 


Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Assembly,  That  the 
Chicago  and  Mississippi  Railroad  Company,  incorporated 
by  an  act  entitled  "An  act  to  construct  a  railroad  from  Al- 
ton, in  Madison  county,  to  Springfield,  in  Sangamon  county, 
approved  February  29,  1847,  and  the  acts  amendatory, 
approved  January  29th,  and  February  11th,  1851,  and 
June  19th,  1852,  be  and  are  hereby  authorized  to  increase 
their  capital  stock  to  such  sum,  not  exceeding  eight  mil- 
lions dollars,  as  may  be  deemed  necessary  to  carry  out, 
maintain  and  execute  the  duties  and  powers  contained  in 
their  original  act  of  incorporation  and'the  acts  amendatory 
of  the  same. 

§  2.  This  act  to  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  February  11,  1853. 


Ill  force  Feb.  12,  AN  ACT  to  amend  "An  act  to  incorporate  the  town  of  Canton,"  approved 
^^3.  February  8,  1849. 

Be  it  enacted  by  tht  people  of  the  state  of  Illinois,  rep- 
resented in  the  General  Assembly,  That  the  act  incorpo- 
^iteration^.  rating  sftid  "town"  of  Canton  be  amended,  by  repealing  the 
word  "tovs^n"  wherever  it  occurs  in  said  "town"  charter  and 
insert  the  word  "city"  in  the  place  thereof;  also  repeal  the 
word  "president"  wherever  it  occurs  in  the  said  town  char- 
ter, and  substitute  the  word  "mayor"  in  the  place  thereof. 
Amend  the  aforesaid  charter  by  adding  to  the  40th  section, 
"within  two  miles  of  the  centre  of  the  said  city  of  Canton  ;" 


575  1853. 

amend  further  by  repealing  the  words  "town  constable"  and 
substitute  the  words  "pity  marshal"  in  said  charter  wherev- 
er it  [they  occur]  occurs. 

§  2.  This  act  shall  be  in  force  from  and  after  its 
passage. 

Approved  February  12,  1853. 


AN  ACT  to  amend  "An  act  to  incorporate  the  colleges  therein  named,"  passed  in  force  Feb.  12, 
19th  February,  1835.  1853. 

Whereas  the  trustees  of  Illinois   College  have  petitioned  Preamwe, 
the  general  assembly  to  amend  the  act  entitled  "An  act  to 
incorporate  the  colleges  therein  named,"  so  as  to  consti- 
tute the  governor  and  secretary  of  state  of  this  state,  to- 
ge.ther  with  the  senator  who  shall  represent  in  the  sen- 
ate of  this  state  the  district  of  which  Morgan  county 
shall  constitute  a  part,  shall  ex  officio  be  trustees  of  said 
college  ;  and  that    hereafter  seven  trustees  shall    be  a 
quorum  to  transact  business — therefore. 
Section   1.     Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the    General  Assembly,  That  the 
governor  of  the  state  of  Illinois,  the  secretary  of  state  and  Trustees. 
the  senator  who  shall  represent  the  district  of  which  Mor- 
gan county  shall  constitute  a  part,  shall  ex  officio  be  trus- 
tees of  said  college  ;  and  that  hereafter  seven  trustees  shall 
constitute  a  quorum  to  transact  business. 
Approved  February  12,  1853. 


AN  ACT  to  incorporate  the  Mississippi  Railroad  Bridge  Company.         in  force  Feb. 

1853. 

Section  1.     Be  it  enacted  by  the  peojjle  oj  the  state  of 
Illinois,  represented  in  the  General  Assembly,  That  James 
McClay,  Royal  Jacobs,  Allen  Slacke,  Abraham  Benton,  corporators. 
John  Gait,  Hugh  Wallace  and  Charles  Dement,  their  as- 
sociates, successors,  heirs   and   assigns,  be  and  they  are 
hereby  created  a  body  corporate,  by  the  name  and  style  of 
"The  Mississippi  Railroad  Bridge  Company,"  with  power  style. 
to  build,  maintain  and  use  a  railroad  bridge  over  the  Mis- 
sissippi river,  or  that  portion  within  the  jurisdiction  of  the  po^ere. 
state  of  Illinois,  at  a  point  known  as  the  "Narrows,"  on  said 
river,  and  at  or  near  Fulton  city,  in  the  county  of  White- 
side; to  be  built  in  such  manner  as  not  to  obstruct  or  in- 
terfere with  the  free  navigation  of  said  river,  and  to  con- 


1853.  576 

nect  by  railroad  or  otherwise  such  bridge  with  any  rail- 
road, either  in  this  state  or  the  state  of  Iowa,  terminating 
at  or  near  said  point ;  to  unite  and  consolidate  its  franchi- 
ses and  property  with  all  and  any  bridge  or  railroad  com- 
panies in  either  of  said  states  ;  to  fix  the  amount  of  capital 
stock ;  to  divide,  transfer  and  increase  the  same  ;  to  bor- 
row money,  and  pledge  or  mortgage  the  property  and  fran- 
chises; to  condemn  according  to  law  property  for  the  use 
of  said  company  ;  to  contract,  bargain  and  agree  with  any 
such  railroad  companies  for  and  in  the  construction  and 
maintenance  of  said  bridge  ;  to  sell  or  lease  said  bridge,  or 
the  use  of  the  same,  or  the  franchises  of  said  company,  to 
any  companies  or  corporations.  The  said  company  shall 
commence  the  construction  of  said  bridge  within  two  years 
from  the  passage  of  this  act,  and  shall  complete  the  same 
within  six  years  thereafter.  This  act  to  take  effect  and  be 
in  force  from  and  after  its  passage. 
Approved  February  11,  1853. 


In  force  Feb.  10,  AN  ACT  to  incorporate  the  Quincy  Bridge  Company. 

1853. 

Section  1.     Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Assembly,  That  Ne- 
Gorpoiators.       hcmiah  Bushnell,  Samuel  Holmes,  John  Wood  and  James 
M.  Pitman,  their  associates,  successors,  heirs  and  assigns, 
be  and  they  are  hereby  created  a  body  corporate,  by  the 
style.  name  and  style  of  "The  Railroad  Bridge  Company,"  with 

Powers.  power  to  build,   maintain   and  use  a  railroad   bridge  over 

the  Mississippi  river,  or  that  portion  within  the  jurisdiction 
of  the  state  of  Illinois  at  or  near  Quincy,  in  such  manner 
as  shall  not  materially  obstruct  or  interfere  with  the  free 
navigation  of  said  river,  and  to  connect  by  railroad  or 
otherwise  such  bridge  with  any  railroad,  either  in  the 
states  of  Illinois  or  Missouri,  terminating  at  or  near  said 
point,  to  unite  and  consolidate  its  franchises  and  property 
with  any  and  all  bridge  or  railroad  companies,  in  either  of 
said  states  ;  to  fix  the  amount  of  capital  stock  ;  to  divide, 
transfer  and  increase  the  same  ;  to  borrow  money  and 
pledge  or  mortgage  its  property  and  franchises ;  to  con- 
demn, according  to  law,  property  for  the  uses  and  purposes 
of  said  company  ;  to  contract,  bargain  and  agree  with  any 
such  railroad  companies  for  and  in  the  construction  and 
maintenance  of  such  bridge  ;  to  sell  or  lease  said  bridge 
or  the  use  of  the  same,  or  the  franchises  of  said  company, 
to  any  companies  or  corporations  :  Provided^  that  said 
company  shall   commence  said  bridge  within  three  years. 


577  1853. 

and  shall  complete  the  same  within  six  years  from  the 
passage  of  tliis  act. 

§  2.  This  act  to  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  February  10,  1853. 


AN  ACT  to  incorporate  the  Mii^sissippi  Bridge  Company,  at  Alton.        in  furoe  i\i . 

185:5. 

Section  1.  Be  it  enacted  hy  the  people  of  the  state  of 
Illinois^  represented  in  the  General  'Assembly,  That  Sam- 
uel A.  Buckraaster,  William  Martin,  Edward  Keating,  O.  <^"n'"n,tor8. 
M.  Adams,  Simeon  Ryder,  Nathaniel  Hanson,  Sebastian 
Wise,  B.  K.  Hart  and  J.  J.  Mitchell,  their  associates,  heirs 
and  assigns,  be  and  they  are  hereby  created  a  body  corpo- 
rate, by  the  name  and  style  of  "Mississippi  Bridge  Com-  styu. 
pany,"  with  power  to  build,  maintain  and  use  a  bridge  for 
a  railroad  and  other  purposes  over  the  Mississippi  river,  at^''^"'^"'"  ''"''" 
or  near  the  city  of  Alton,  in  the  state  of  Illinois,  in  such 
manner  as  shall  not  materially  obstruct  or  interfere  with 
the  free  navigation  of  said  river,  and  to  connect,  by  rail- 
road or  otherwise,  such  bridge  with  any  railroad  or  other 
public  road,  either  in  the  state  of  Illinois  or  Missouri,  ter- 
minating at  or  near  said  point;  to  unite  and  consolidate  its 
franchises  and  property  with  any  and  all  railroads  so  ter- 
minating in  either  of  said  states  ;  to  fix  the  amount  of  the 
capital  stock  ;  to  divide,  transfer  and  increase  the  same  ; 
to  borrow  money,  and  pledge  and  mortgage  its  property  and 
franchises  ;  to  condemn  according  to  law  property  for  the 
uses  and  purposes  of  said  company  ;  to  contract,  bargain 
and  agree  with  any  of  the  aforesaid  companies  for  aid  in 
the  construction  and  maintenance  of  such  bridge  ;  to  make 
and  establish  by-laws,  rules  aiid  regulations  for  their  gov- 
ernment and  control ;  to  sell  or  lease  said  bridge,  or  the 
use  of  the  same,  or  the  franchises  of  said  company  to  any 
company  or  corporation  :  Provided,  the  said  company  shall 
commence  said  bridge  within  five  years,  and  complete  the 
same  within  ten  years  from  and  after  the  passage  of  this 
act.     This  act  to  be  in  force  from  and  after  its  passage. 

Approved  Feb.  12,  1853. 


AN  ACT  to  amend  an  act  entitled  "An  act  in  aid  of  the  Spoon  River  Navi-  t"  for^  Keb.3. 
gation  Company,"  approved  June  23d,  1S52.  »^- 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the    General  Assembly,  That  the 
Spoon  River  Navigation  Company,  by  their  president  and  '*""""  '"°""' 
[  M2] 


185:5.  578 

directors,  in  addition  to  the  rights  and  privileges  conferred 
and  possessed  by  their  present  existing  charter,  be  and 
they  are  hereby  authorized  to  borrow  money  for  the  pur- 
pose of  aiding  in  the  prosecution  of  their  contemplated 
work,  and  to  secure  the  payment  thereof  by  the  bonds  of 
the  company,  note,  mortgage  or  otherwise :  Pi'ovided^  the 
said  company  shall  not  issue  the  bonds  of  the  company 
for  a  larger  amount  than  three-fourths  of  the  amount  of  the 
stock  subscribed,  and  shall  not  pay  an  interest  upon  such 
loan  of  over  ten  per  cent,  per  annum. 
e  for  .ifbts.  §  2.  The  stock,  property  and  effects  of  the  company 
shall  be  liable  for  the  debts  of  said  company,  and  any  pay- 
ment, assignment  or  transfer  of  said  property  by  said  com- 
pany to  any  one  or  more  of  its  creditors,  for  the  purpose 
of  preferring  one  or  more  to  the  whole  of  their  creditors. 
shall  be  null  and  void,  as  against  the  other  creditors  of 
said  company. 

§  3.  All  acts  and  parts  of  acts  coming  in  conflict  with 
this  act  are  hereby  repealed.  This  act  to  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved  February  3,  1853. 


■.  fcrceFeb.  10,  AN  ACT  to  carry  into  effect  the  last  will  and  testament  oi  George  Brows  . 
iso^-  deceased. 

Section  1.     Be  it  enacted  hy  the  •people  of  the  state  oj 

Illinois,  represented  in  the   General  Assembly.  That  the 

Declare!  eftettn- last   will   and   tcstament   of  George  Browse,  deceased,  as 

*'•  proved  before  the  county  court  of  Grundy  county,  be  and 

the  same  is  hereby  declared  to  be  as  effectual  inlaw  to  all 

intents  and  purposes   as   if  the  same  had  been  reduced  to 

writing  previous  to  the   death  of  the  said  George  Browse, 

[  ovi.,.  deceased  :  Provided,  that  the  legal  rights   of  the  heirs ,of 

the  said  George  Browse,  deceased,  shall  not  be  affected  by 

this  act :  And  provided  further,  that  this  act  shall  not  be 

so    construed   as  to    prevent    any    party    interested    from 

appearing   and   contesting  the    validity  of  said   will,  as  is 

now  allowed  by  law. 

§   2.     This  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  February  10,  1863. 


579  1853. 

AN  ACT  to  aufhori/e  Stephen  F.  Michel  to  build  a  mill  dam  across  the  Saline  I"  forjo  Frh. 
creek.  i^^- 

Section  1.  Be  it  enacted  hij  the  people  of  the  state  of 
I//i?ioz^,  represented  in  the  General.  Assemhlxj^  That  Ste- 
phen F.  Micliel,  his  heirs  and  assigns,  be  and  they  are  ^lu  dam. 
hereby  authorized  to  build,  construct  and  continue  a  mill 
dam  across  the  big  Saline  creek,  at  the  village  of  Indepen- 
dence, in  Saline  county  :  Provided^  that  the  said  Stephen 
F.  Michel  be  the  owner  of  the  real  estate  on  both  sides  of 
the  said  creek  at  that  point,  and  to  use  the  water  for  hy- 
draulic purposes. 

§   2.     Tiiis  act  to  be  in  force  from  and  after  its  passage. 

Approved  February  12,  18515. 


AN  ACT  to  alter  the  boundaries  of  the  town  of  Mt.  Carroll,  in  the  county  of  I"  ffr^e  April  i, 
Carroll.  ^«^3- 

Section  1.  Be  it  enacted  by  the  people  of  the  state  oj 
Illinois,  represented  in  the  General  Jlssemhly,  That  the 
west  half  of  section  No.  six  (6,)  and  the  northwest  quar- ^o""'*'*''''^- 
ter  of  section  No.  seven  (7,)  in  township  No.  twenty-four 
(24)  north,  of  range  No.  five  (5,)  east  of  the  fourth  prin- 
cipal meridian,  be  and  the  same  is  hereby  added  to  and 
made  a  part  of  the  town  of  Mt.  Carroll,  in  the  county  of 
Carroll. 

§  2.     This  act  to  take  effect  and  be  in  force  from  and 
after  the  first  day  of  April,  one  thousand  eight  hundred  and 
fifty-three. 
•  Approved  February  10,  1853. 


AN  ACT  to  to  authorize  Tristram  Vincent  to  build  and  maintain  a  dam  In  force  Feh. 
across  the  Desplaines  river,  in  Lake  county.  \^i. 

Section  1.  Be  U  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the  Genera/t/^S5e7?26/y,  That  Tristram 
Vincent,  of  the  town  of  Vernon,  in  Lake  county,  his  heirs  jnii.iau,. 
and  assigns,  be  and  he  is  hereby  authorized  to  build  and 
maintain  a  mill  dam,  seven  feet  high,  across  the  Desplaines 
river,  on  the  south  half  of  section  twenty-three,  in  town- 
ship forty-three  north,  of  range  eleven  east  of  the  third 
principal  meridian,  in  said  county. 

This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

Approved  Februar}  11,  1853. 


1853. 


580 


ill  lorce  Feb.  12,  AN  ACT  to  amend  "An  act  to  incorpora'e  the  town  of  LaAvrenceville,"  ap- 
^^^'^-  proved  February  12th,  1835. 

Section  1 .  Be  it  eyiacted  bi/  the  people  of  the  state  of  Illi- 
nois, represe7ited  in  the  General  */lssemhly,  That  the  incor- 
uirii'ui  uiLered.  porateci  limits  of  the  town  of  Lawrenceville  shall  be  so  al- 
tered as  to  extend  no  further  north  than  the  south  bank  of 
the  Embarrass  river,  running  nearly  east  and  west  the  dis- 
tance of  one  mile,  being  the  length  of  said  incorporated 
limits, 

§  2.  That  this  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved  February  12,  1853. 


ui  i'urce  Fei.  10,  AN  ACT  to  authorize  John  Marshall  to  keep  a  ferry  across  the  Mississippi 
1853.  river. 


Section  1.  Be  it  enacted  by  the  peojjle  of  the  state  oj 
Illinois,  represented  in  the  General  Assembly,  That  John 
Marshall,  his  heirs  and  assigns,  be  and  they  are  hereby 
authorized  to  establish  and  keep  a  ferry  for' fifteen  years 
across  the  Mississippi  river,  between  the  tov.'n  of  Cordova, 
in  Rock  Island  county,  and  the  opposite  shore,  in  the  state 
of  Iowa,  during  which  time  no  license  shall  be  granted  to 
any  other  person  or  persons  to  establish  a  ferry  within  two 
miles  of  said  town  of  Cordova. 

§  2.  The  said  Marsiiall  shall  at  all  times  keep  good  and 
sufficient  boats  for  the  speedy  and  safe  transportation  of 
passengers,  teams,  horses,  cattle  and  other  animals,  as  well 
as  goods  and  effects  belonging  to  or  in  the  care  of  passen- 
gers ;  and  shall  furnish  said  boats  with  men  of  suitable 
strength  and  skill  to  manage  them  ;  and  siiall  charge  and 
receive  such  rates  of  ferriage  as  may  be  allowed  by  the 
county  court  or  proper  authority  of  said  county. 

§  3.  The  said  Marshall  shall  pay  into  the  treasury  of 
Rock  Island  county  such  annual  tax  as  may  be  imposed  on 
said  ferry  by  the  county  court  of  said  county,  not  exceed- 
ing ten  dollars;  and  in  the  management  and  regulation  of 
said  ferry  shall  be  governed  by  the  *'i\ct  to  establish  ferries 
and'' tolf-bridges,"  approved  March  third,  one  thousand 
eight  hundred  and  forty-five. 

§  4.  This  act  to  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  Feb.  10,  1853. 


581  186S, 

AN  AC  r  to  authorize  WilHam  H.  Knit!;ht  fo  keep  a  fevry  across  the  Mis-  i"  tf""cc  Feb.  ii, 
sissippi  river.  ^^'^3- 

Section  1.  Be  it  enacted  hy  the  people  of  the  slate  nj 
Illinois,  represented  in  the  General  Assemhly,  That  Wil- 
liam H.  Kniglit  is  hereby  authorized  and  licensed  to  con-  p^"^- 
tinue,  keep  and  maintain  the  ferry  whicli  he  purciiased 
from  Augustine  Phelps  in  iiis  life  time,  since  deceased,  in 
Fulton  city,  Wiiiteside  county,  Illinois,  across  the  Missis- 
sippi river,  from  a  point  on  the  eastern  bank  of  said  river, 
in  the  end  of  Ferry  street,  to  the  town  of  Lyons,  on  the 
opposite  side  thereof,  in  Clinton  county,  state  of  Iowa; 
and  the  said  William  H.  Knight,  his  heirs  and  assigns,  shall 
have  the  exclusive  right  of  having,  continuing  and  main- 
taining and  using  said  ferry  across  said  river  three  miles 
above  and  below  said  point  or  place  in  Ferry  street,  and 
to  have  and  receive  all  the  advantages  and  emoluments 
arising  from  the  use  of  said  ferry  for  and  during  the  period 
of  thirty  years  :  Provided,  that  this  act  shall  not  be  so  con- 
strued to  defeat  any  claim  or  demand  that  the  heirs  or 
legal  representatives  of  the  said  Augustine  Phelps,  decea- 
sed, may  have  against  said  ferry  for  any  balance  being  or 
remaining  unpaid  upon  the  purchase  of  the  same  from  the 
said  Augustine  Piielps  in  his  life  time,  since  deceased. 

§  2.  This  act  sliall  be  deemed  a  contract  between  the  U'^emc^'^^o''^''*- 
state  of  Illinois  and  the  said  William  H.  Knight,  his  heirs 
and  assigns.  The  said  William  H.  Knight,  his  heirs  and 
assigns,  on  their  part,  in  consideration  of  the  privileges 
granted  in  the  foregoing  section,  sfeall  keep  and  use  said 
ferry  according  to  the  laws  of  the  state  of  Illinois  regula- 
ting ferries  ;  but  it  is  further  provided,  that  the  ferry  boat 
to  be  used  on  said  ferry  shall  be  of  good  size  and  dimen- 
sions, substantially  built,  and  propelled  with  horse  or  steam 
power. 

§   3.     This    act  may  be  repealed,  altered,  amended  or 
modified  whenever  the  public  good  require  it. 

This  act  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 

Approved  February  11,  1853. 


Section   1.     Be  it  enacted  hy  the  jieople  of  the  state  oj 
Illinois,  represented  in  the  General  Assembly,  That  John 
Raum,  Hugh  Robertson,  A.  J.  Robertson  and  Thomas  B.  ^'''•■''^'"*=^• 
Thralekild,  be  and  they  are  hereby  allowed  to   establish 
and  keep  a  toll- bridge  across  Mill  creek,  on  the  main  road 


1853. 


582 


leading  from  Golconda,  in  Pope  county,  to  Vienna,  in  John- 
son county,  at  the  place  where  said  main  road  crosses  said 
Mill  creek,  in  Pope  county,  with  liberty  to  ask  and  demand 
such  charges  or  rates  of  toll  as  may  be  allou-ed  by  the 
county  court  within  and  for  said  Pope  county  :  Provided, 
that  nothing  herein  contained  shall  be  so  construed  as  to 
extend  the  right  of  keeping  said  toll-bridge  more  than  fif- 
teen years:  *^nd  prcvided further,  that  the  construction 
of  said  bridge  shall  be  commenced  within  six  months,  and 
completed  within  eighteen  months  from  the  passage  of  this 
act. 
,  ^j  §  2.  If  it  shall  be  necessary,  in  constructing  said  bridge, 
to  take  any  real  estate  belonging  to  others,  or  if  any  dam- 
age shall  necessarily  be  done  to  the  real  estate  of  any  per- 
son in  constructing  said  bridge,  such  damage  may  be  claim- 
ed and  assessed  and  collected  in  the  same  manner  as  is  pro- 
vided for  the  assessment  and  collection  of  damages  under 
the  general  road  laws  of  this  state. 

§   3.     This  act  to  take  effect  and  be  in  force  from   and 
after  its  passage. 

Approved  February  12,  1853. 


i*reeniptioii 

jraiiii'sd. 


AN  ACT  granting  a  pieempliou  right  to  Cliarleg  H.  Babcock. 

Whereas  Charles  H.  Babcock,  of  Cook  county,  in  the  month 
of  July,  A.  D.  1852,  entered  and  settled  upori  the  west' 
half  of  the  southwest  quarter  of  section  nineteen,  in  town- 
ship forty-tvv'o  north,  of  range  ten  east  of  the  tliird  prin-, 
cipal  meridian,  supposing  at  the  time  of  such  settlement! 
that  said  land  belonged  to  the  government  of  the  United  I 
States,  when,  in  fact,  said  land  at  said  time  was  and  is  now 
owned  by  this  state  ;  and  whereas  said  Babcock  has  erect- 
ed a  dwelling  house  and  made  other  improvements  upon 
said  land  with  the  intention  of  occupying  the  same  as  a 
homestead  ;  therefore — 

Section  1.  Be  it  enacted  by  the  people  of  the  state  if 
Illinois,  represented  in  the  General  Jissembly,  That  a  ])re- 
emption  right  be  and  the  same  is  hereby  granted  to  said 
Charles  H.  Babcock,  his  heirs,  representatives  and  as- 
signs, to  purchase  said  land  from  the  state  at  the  appraised 
value  thereof,  wliich  said  right  shall  extend  for  the  period 
of  one  year  from  and  after  the  time  this  act  takes  eifect. 
And  whenever  said  Babcock,  liis  iteirs,  representatives  or 
assigns  shall,  within  said  period  of  one  year,  pay  to  the  au- 
ditor of  this  state,  in  internal  imj)rovement  scrip,  the  ap- 
praised value  of  said  lands  so  settled  on  by  him,  it  shall  be 


583 


1853. 


the  duty  of  the  governor  of  this  state,  on  the  fact  of  such 
payment  being  certified  to  iiiiu  by  the  auditor,  to  cause  a 
patent  for  said  land  to  be  issued  to  said  Babcock,  his  heirs 
or  assigns. 

§  2.  This  act  shall  be  deemed  a  public  act,  and  shall 
take  eifect  and  be  in  force  Irom  and  after  its  passage- 

Approved  February  3,  1853. 


AN"  ACT  to  authorize  Samuel  K.  Fischer  to  build  and  maiiit 
the  Pickatonica  river. 


tain  a  dam  across  "m  tyi.^t-  r 


Section  1.  Be  it  enacted  by  the  people  of  the  fit  ate  of 
Illinois,  represented  in  the  General  Assembly,  That  Samuel 
K.  Fischer,  of  Stephenson  county,  and  his  heirs  and  assigns,  v,yAv\ 
be  and  they  are  hereby  authorized  to  construct,  build  and 
continue  a  mill  dam  across  the  Pickatonica  river,  on  sec- 
tion twelve,  (12,)  in  tov/nship  twenty-eight  (28)  north,  of 
range  six  (6)  east  of  the  fourtli  principal  meridian. 

§   2.     That   said   mill-dam  shall  not  exceed  six  feet  in  '^'•""^ 
height  above  low   water  mark,  and  shall  be   constructed 
where  said  Samuel  K.  Fischer  owns  the  land  on  both  sides 
of  the  river. 

§  3.  That  said  Samuel  K.  Fischer,  his  heirs  and  assigns, 
be  and  they  are  hereby  authorized  to  maintain  and  con- 
tinue across  the  Pickatonica  river,  any  miil-dam,  not  ex- 
ceeding six  feet  in  height  above  low  water  mark,  already 
constructed  by  said  Samuel  K.  Fischer,  and  auutting  at 
each  end  on  tiie  land  owned  by  said  Samuel  K.  Fischer. 

§   4.     It  shall  be  the  duty  of  any  and  all  owners  of  any  Duty 
dam,  built  or  continued  under  the  provisions  of  this  act,  to 
maintain  on  such  dam  a  slide   sufficient  for  rafts  and  liat 
boats  to  descend  said  stream. 

§  6.     That  the  stale  reserves  the  ri-: 
navigation  of 
this  act  shall  be  construed  so  as  to  conflict  v/ith  such  right. 

This  act  shall  take  eifect  from  and  after  its  passage. 

Approved  February  3,  1853. 


vj^..^  to   improve  the 
said  Pickatonica,  in  any  way,  and  nothinsr  in 


AN  ACT  to  incorporate  the  Northwestern  Insurance  Company. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Jissembly,  That  there 
shall  be  and  hereby  is  established  in  the  city  of  Galena,  an 


III  force  F.'l'.  r», 
1853. 


1853,  584 

insurance  company,  to  be  known  by  the  name  and  style  of 
"The  Northwestern  Insurance  Company,"  with  a  capital 
of  one  hundred  thousand  dollars,  divided  into  shares  of  one 
hundred  dollars  each,  which  rnay  be  increased  at  the  will 
of  the  directors  to  any  amount  not  exceeding  five  hundred 
thousand  dollars,  to  be  subscribed  and  paid  for  in  the  man- 
ner hereinafter  specified. 

§  2.  Alexander  C.  Davis,  John  Lorrain,  Thomas  H. 
Griffith,  John  Dean  and  Robert  J.  Davis,  or  any  three  of 
them,  are  hereby  authorized  to  open  books  of  subscription 
in  said  city  for  tlie  capital  stock  of  said  company,  at  such 
lime  and  place  as  they  shall  think  proper,  after  giving  twen- 
ty days'  notice  of  the  same  in  some  public  newspaper  pub- 
lished in  Galena;  said  books  to  be  kept  open  for  the  space  of 
at  least  five  days,  or  until  at  least  fifty  shares  shall  be  subscri- 
ed,  when  the  same  may  be  closed  ;  and  said  subscribers 
may,  after  six  days'  notice  being  given  by  said  commis- 
sioners, in  manner  aforesaid,  meet,  and  under  the  inspec- 
tion of  said  commissioners,  choose  three  directors,  who  may, 
at  any  tiro.e  after  ten  days'  public  notice  given,  cause  said 
books  to  be  reopened  and  continue  open  until  the  whole 
amount  of  said  stock  shall  have  been  taken. 

§  3.  The  subscribers  oi  said  stock,  their  associates, 
successors  and  assigns,  shall  be  and  are  hereby  declared  a 
body  politic  and  corporate,  by  the  name  and  style  of  "The 
Nortiiwestern  Insurance  Company,"  and  shall  be  capable 
in  law  of  contracting  and  being  contracted  with,  suing  and 
being  sued,  pleading  and  being  impleaded,  answering  and 
being  answered  unto,  defend  and  being  defended  against 
in  all  courts  and  places  whatsoever,  in  all  manner  of  ac- 
tions, suits,  complaints  and  causes. 
iiiowi^.  §  4.  The  said  corporation  may  have  and  use  a'common 
seal,  which  they  may  change,  alter  or  break  at  pleasure; 
and  may  also  make,  establish  and  put  in  execution  such 
by-laws,  ordinances  and  regulations  as  sliall,  in  tiieir  opin- 
ion, be  necessary  for  the  good  government  and  manage- 
ment of  the  aflfairs  of  said  corporation,  and  which  are  not 
repugnant  to  the  constitution  of  this  state  or  of  the  United 
States. 
i-moiu  !  §  5.  That  the  stock  and  affairs  of  said  company  or  cor- 
poration aforesaid  shall  be  managed  and  conducted  by  not 
less  tiian  three  or  more  than  five  directors,  who  shall  be 
stockholders  of  said  corporation,  v/hich  number  of  directors 
shall  be  determined  by  the  subscribers  to  said  stock  at  the 
first  election  of  directors  thereof. 

§  6.  That  all  and  singular  the  rights,  powers,  objects, 
provisions,  limitations  and  restrictions  granted  and  con- 
ferred on  the  Galena  Insurance  Company  by  "An  act  to 
establish  the  Galena  Insurance  Company,"  passed  and  ap- 


586  1853. 

proved  on  the  15th  day  of  February,  A.  D.  1851,  not  herein 
changed,  be  and  tlie  same  are  hereby  conferred  on  and  se- 
cured to  the  corporation  hereby  created. 
Approved  February  10,  1853. 


AN  AC  r  to  incorporate  the  town  of  Havana.  m  force  Feb.  it. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the  General  jissemblijy  That  the 
inhabitants  and  residents  of  the  town  of  Havana,  in  the  General  power., 
county  of  Masoii,  are  hereby  made  a  body  (Corporate  and 
politic,  in  law  and  in  fact,  by  the  name  of '  The  President 
and  Trustees  of  the  town  of  Havana,"  and  by  such  name 
and  style  shall  be  forever  able  and  capable  in  law  and 
equity  to  sue  and  be  sued,  to  plead  and  be  impleaded,  to 
answer  and  be  answered  unto,  to  defend  and  be  defended, 
in  all  manner  of  suits,  actions,  plaints,  pleas,  causes,  mat- 
ters and  demands  of  whatever  kind  or  nature  they  maybe, 
in  as  full  and  effectual  a  manner  as  any  person  or  persons, 
bodies  corporate  or  politic,  can  or  may  do;  and  by  the 
name  and  style  aforesaid  shall  have  perpetual  succession, 
and  may  have  and  use  a  common  seal,  which  they  may  al- 
ter or  revoke  as  they  please. 

§   2.     That  the  corporate  powers  or  duties  of  said  town  powers  T6»t&d. 
shall  be  vested  in  and  exercised  by  five  trustees,  to  be  cho- 
sen and  appointed  as  hereafter  declared,  who  shall  form  a 
board  for  the  transaction  of  business. 

§  3.  That  N.  J.  Rockwell,  William  Higbee,  S.  E.  Rodg-  Tr^sue.. 
ers,  Joseph  S.  Banner,  James  Boggs,  are  hereby  appoint- 
ed trustees  of  said  town  under  this  act,  and  shall  hold  their 
offices  until  the  first  Monday  in  the  month  of  April,  one 
thousand  eight  hundred  and  fifty-four,  and  until  their  suc- 
cessors are  elected  and  duly  qualified;  which  election  shall 
be  liolden  on  the  first  Monday  in  the  month  of  April,  in 
each  year  thereafter.  The  members  composing  said  board 
of  trustees  shall  be  at  least  twenty-one  years  of  age,  and 
inhabitants  of  said  incorporated  limits,  and  bona  fide  free- 
holders of  said  town;  and  they  shall  have  power  to  fill  all 
vacancjies  ia  their  board  which  may  be  occasioned  by  death, 
resignation  or  otherwise. 

§   4.     That  in  all  elections  for  trustees  every  white  male  votors. 
resident   within  the  incorporated  limits  of  said  town,  over 
the  age  of  twenty-one  years,  who  shall  have  resided  there- 
in six  months,  or  who  shall  be  the  bona  fide  owner  of  any 
freeh-^  Id  property  therein,  shall  enjoy  the  right  of  election. 


1853.  586 

Presuient.  §   5.     The  board  of  trustees  shall  appoint  their  presi- 

dent and  all  other  officers  of  their  body,  and  shall  be  the 
judges  of  the  qualifications,  elections   and  returns  of  tiieir 

Quorum.  Qwu  members,  a  majority  of  whom  shall  constitute  a  board 

to  transact  bussiness,  bat  a  smaller  number  may  adjourn 
from  day  to  day,  and  may  compel  the  attendance  of  absent 
members,  in  such  manner  and  under  sucli  penalties  as  the 
board  may  provide  ;  they  may  determine  the  rules  of  pro- 
ceedings, punish  their  members  for  disorderly  conduct, 
^  and  by  the  concurrence  of  three-fifths  of  the  whole  number 
elected,  may  expel  a  member,  and  make  such  other  rules 
and  regulations  for  their  government  as  to  them  maj^  seem 
proper  and   expedient. 

Fas.  §   6.     That  the  board  of  trustees  may  have  power  by 

ordinance  to  levy  and  collect  taxes  upon  real  estate  with- 
in the  town   and  limits  of  the  incorporation,  at  the  discre- 

Powors  of  trus-tion  of  the  board;  to  declare  what  shall  be  considered  nui- 

^'^'  sances  within  said  incorporated  limits,  and  to  prevent  and 

remove  the  same;  to  provide  for  licensing,  taxing  and  reg- 
ulating auctions,  taverns,  groceries,  theatrical  and  other 
shows  and  exhibitions;  to  restrain  and  prohibit  all  disorder- 
ly houses;  to  prevent  the  running  and  indecent  exhi4?ition 
of  horses  and  jacks;  to  establish  and  regulate  markets;  to 

'  open,  grade,    pave  and   keep  in  repair   streets,   avenues, 

lanes,  alleys,  drains  and  sewers,  and  keep  the  same 
clean  ;  to  regulate  the  police  of  the  town  ;  to  provide  for 
the  trial  and  punishment  of  persons  who  may  be  engaged 
in  assaults,  assaults  and  batteries,  and  affrays  within  the 
limits  of  said  incorporation  ;  to  regulate  the  election  of 
town  officers  and  fix  their  compensation ;  to  require  bond 
and  security  of  town  officers  for  the  faithful  performance 
of  their  duties;  and  from  time  to  time  to  pass  such  ordi- 
nances to  carry  into  effect  the  objects  of  the  act  and  the 
powers  hereby  granted  as  the  good  of  the  citizens  of  said 
town  may  require. 

Fines aud forfeit-  §  7.  That  the  board  of  trustees  of  Said  town  sliall  havc 
power  to  impose  fines  and  forfeitures  for  the  breach  of  any 
ordinance  and  provide  for  tlie  collection  thereof,  and  to 
direct  by  ordinance  such  punishment  to  be  inflicted  for  any 
ofTence  against  the  laws  of  the  incorporation  as  it  is  or 
may  be  provided  by  law  for  like  offences  against  the  laws 
of  the  state:  Provided^  that  no  person  shall  be  deprived  of 
the  right  of  trial  by  jury,  in  any  case  where  such  person 
would  be  entitled  to  trial  by  jury  for  like  oftence  against 
the  laws  of  this  state. 

6   8.     That  the   board  of  trustees  shall  have  power  to 

ia  county  Jail,    provide  for  the   punishment  of  offences,  by  imprisonment 

in  the    county  jail,  in  all  cases  where  such  offenders  shall 

fail  or  refuse   to  pay  fines  whicli  may  be  assessed,  'Y  for 

forfeitures  or  penalties  which  may  be  recovered  :  Pru  ided, 


587  1853. 

that  nothing  herein  contained  shall  be  so  construed  as  to  pre- 
vent persons  from  availing  themselves  of  the  benefit  of  any 
insolvent  law  which  now  isorhereafter  may  pass  by  the  legis- 
lature "of  this  state,  if  such  person  would  be  entitled  to 
such  discharge  for  like  offence  against  the  laws  of  this 
state  :  And  provided^  also^  that  no  person  shall  be  impris-^""""*'" 
oned,  under  the  provisions  of  this  act,  for  a  longer  period 
than  twenty-four  hours  for  every  dollar  of  any  fine  assessed 
or  forfeiture  or  penalty  recovered. 

§  9.  That  the  board  of  trustees  shall  have  power  to^^""***"- 
provide  for  the  punishment  of  any  person  who  may  at  any 
time  disturb  the  peace  of  the  inhabitants  of  the  town,  or 
any  worshipping  congregation  or  deliberations  and  pro- 
ceedings of  any  public  meeting  assembled  therein^  or  of 
the  board  of  trustees  when  in  session. 

§  10.  In  all  cases  arising  under  this  actor  growing  out 
of  the  by-laws  or  ordinances  made  in  pursuance  thereof, 
any  justice  of  the  peace  in  the  county  of  Mason  shall  have 
jurisdiction  to  hear  and  determine  the  same;  and  appeals 
may  be  taken  and  writs  of  certiorari  allowed  in  all  such 
cases  in  tlie  same  manner  that  now  is  or  hereafter  may  be 
provided  by  law  for  appealing  from  judgments  of  justices 
of  the  peace. 

§  1 1.  That  all  ordinances  of  said  trustees  made  in  pur-  p^;^^",.  "' 
suance  of  this  act  shall  be  fairly  written  out,  signed  by  the 
clerk,  and  the  same  or  a  printed  copy  thereof  shall  be 
posted  up  at  three  of  the  most  public  places  in  said  town, 
or  published  in  some  newspaper  printed  in  said  town;  and 
no  ordinance  shall  be  enforced  until  posted  up  or  publish- 
ed at  least  ten  days. 

§    12.     That  the  lot  in  front  of  which  any  side-walk  is  side-wait.. 
made  shall,  in  addition  to  the  regular  tax  imposed  by  the 
board  of  trustees,  be  taxed  to  pay  at  least  one-half  of  said 
expense  of    making  said  side-walk;  which  tax  shall  be  as- 
sessed and  collected  in  the  same  manner  as  otlier  taxes  are. 

§  13.  That  the  board  of  trustees  shall  have  power  io  ^^^ ^J'^^^'^ 
adopt  such  modes  and  means  for  the  assessments  and  col- 
lection of  taxes  as  they  may  from  time  to  time  fix  upon 
and  determine,  and  to  prescribe  the  manner  of  selling  pro- 
perty when  the  tax  on  the  property  is  not  paid  :  Provided, 
that  no  sale  of  any  town  lot  or  other  real  estate  shall  be 
made  until  public  notice  of  the  time  and  place  of  sale  shall 
be  given  by  advertisement  in  a  newspaper  in  said  town  or 
by  posting  up  written  or  printed  notices  thereof  in  three 
of  the  most  public  places  in  said  town  at  least  fifteen  days 
previous  thereto. 

§  14.  That  when  any  town  lot  or  lots  or  other  real  es- 
tate shall  be  sold  for  taxes  by  virtue  of  any  ordinance  made 
in  pursuance  of  this  act,  the  same  may  be  redeemed  any 
tiiae  within  two  years  from  the  date  of  such  sale,  by  the 


1853.  588 

owner  of  said  property  or  his  or  her  or  their  agent,  ex- 
ecutor or  administrator,  by  paying  to  the  treasurer  of  said 
town,  for  the  use  of  the  purchaser  of  said  property,  double 
the  amount  of  the  purchase  money,  with  interest  ai  the 
rate  of  ten  per  cent,  per  annum,  with  the  cost  accrued 
thereon. 

c»iL,  §    15.     That  the  members  of  the  board  of  trustees  and 

all  other  officers  of  said  corporation  shall,  before  entering 
upon  the  duties  of  their  respective  offices,  take  an  oath  or 
affirmation  before  some  officer  authorized  by  the  laws  of 
the  state  to  administer  oaths,  to  support  the  constitution 
of  the  United  States  and  of  this  state,  and  faithfully  dis- 
charge the  duties  of  their  respective  offices, 

Towa  constable.  §  16.  That  the  board  of  trustees  shall  have  power  to 
appoint  a  town  constable,  who  shall  hold  his  office  during 
the  pleasure  of  said  board  of  trustees,  and  to  require  of 
him  bond  and  security  in  such  sum  as  they  may  think  pro- 
per, whose  duty  it  shall  be  to  arrest,  on  view,  all  persons 
who  shall  violate  the  laws  and  ordinances  of  said  town;  to 
collect  all  fines,  forfeitures  and  penalties  which  may  be  as- 
sessed or  recovered  for  the  use  of  the  corporation,  and  to 
execute  all  writs,  processes  and  precepts  which  may  be 
issued  against  any  person  or  persons  for  a  violation  of  said 
laws  and  ordinances;  and  for  this  purpose  it  shall  be  law- 
ful for  him  to  go  into  any  part  of  the  county  of  Mason  to 
serve  or  execute  any  such  writs,  processes  or  precepts 
as  aforesaid. 

aoftdiftbor  §    ^^'     That  the   board  of  trustees,  for  the  purpose   of 

keeping  the  streets  and  alleys  of  said  town  and  the  public 
road  passing  through  the  same  in  gocd  repair,  shall  have 
power,  and  to  this  end  they  are  authorized  to  require  every 
male  resident  within  the  limits  of  said  corporation  Over  the 
age  of  twenty-one  years,  to  labor  on  said  streets,  alleys 
and  roads  not  less  than  two  nor  more  than  fo'ar  days  in 
each  year;  and  any  person  who  shall  be  notified  by  the 
street  commissioner  to  perform  such  labor  so  assessed  as 
herein  provided,  and  shall  fail  or  neglect  to  perform  the 
same,  shall  forfeit  and  pay  the  sum  of  one  dollar  for  each 
day's  labor  neglected  to  be  performed;  t'.nd  the  street  com- 
missioner of  said  town  is  hereby  authoi  ized  to  prosecute 
such  delinquent  person  in  the  name  of  the  president  and 
trustees  of  Havana,  before  any  justice  of  the  peace  in  the 
county  of  Mason,  and  said  street  commissioner  shall  be  a 
competent  witness -against  said  delinquent. 

ietiwig  bioDght  §  IS.  That  all  fines,  forfeitures  am!  penalties  author- 
«r'to'opiace'.°°*ized  to  be  assessed  by  this  act  may  be  in  an  action  of  debt, 
in  the  name  of  the  president  and  tru.nees  of  the  town  of 
Havana,  before  any  justice  of  the  peace  of  said  county: 
Provided,  that  no  such  fine,  forfeiture  or  penalty  shall 
exceed  one  hundred  dollars;  and  all  sums  of  money  which 


589  1853. 

may  be  received  for  license  granted  to  groceries,  taverns, 
auctions,  theatrical  and  other  shows  and  exhibitions,  and 
all  fines,  fori'eitures  and  penalties  imposed  for  a  violation 
of  any  of  the  by-laws  or  ordinances  of  said  corporation, 
shall,  wlien  collected,  be  paid  into  the  town  treasury  for 
the  use  and  benefit  of  said  town. 

§  19.  That  for  the  purpose  of  carrying  into  effect  the 
aforesaid  powers,  the  said  trustees  and  hereby  authorized 
to  defend  [define]  the  boundaries  of  said  incorporation  : 
Provided^  the  same  sli^sll  not  exceed  two  miles  square. 

§  20.     That  justices    of  the   peace  and  constables  who  fom. 
are  required  to  render  service  under  this  act   shall  be  en- 
titled to  the  same  fees  and  collect  them  in  the  same  manner 
as  now  is  or  hereafter  may  be   provided   by  law   in  other 
cases. 

§  21.  That  on  the  second  Monday  of  March,  one  thou- organization. 
sand  eiglit  hundred  and  fifty-three,  the  within  named  trus- 
tees shall  meet  and  proceed  to  organize,  appoint  their 
officers,  and  enact  such  ordinances  as  they  may  think  ne- 
cessary; and  the  trustees  of  said  town  shall  inform  the 
board  oif  any  and  all  elections  held  under  the  provisions  of 
this  act,  and  they  shall  be  governed  by  the  election  laws 
of  this  state  wherein  they  don't  conflict  with  the  provi- 
sions of  this  a?ct.  This  act  to  be  in  force  from  and  after 
its  passage. 

Approved  February  12,  1853. 


AN  ACT  to  amend  an  act  entitled   "An  act  to  incorporate  the  city  of   Pe-  in  force  Ffb 
oria/"'  in  force  December  3d.   A.   D.    1844,  and   to  amend  an  act  entitled  1S53. 

"An  act    to   amend    an    act  entitled   'an    act   to  incorporate    the  city  of 
Peoria,  approved  February  13th,  1847.'" 

Section  1.  Be  it  enacted  hy  the  people  of  the  state  oj 
Illinois^  represented  in  the  General  *j1ssemhly,  That  the 
city  council  of  the  city  of  Peoria,  shall  have  power  and  city  recordor 
authority  to  create  and  establish  the  office  of  city  recorder 
for  said  city,  and  shall  have  power  to  elect  an  officer,  to  be 
called  city  recorder,  who  shall  hold  his  office  until  the  last 
Monday  in  November  after  his  said  election,  and  until  his 
successor  shall  be  duly  elected  and  qualified;  and  on  the 
said  last  Monday  in  November,  every  year  thereafter,  the 
qualified  voters  of  said  city  shall  elect  a  city  recorder  for 
said  city,  who  shall  hold  his  office  for  one  year  from  and 
after  his  election,  and  until  his  successor  shall  be  duly 
qualified;  and  said  elections  of  recorder  by  the  qualified  vo- 
ters aforesaid,  shall  beheld,  conducted,  and  returns  thereof 
made  in  the  same  manner  as  now  is,  or  shall   be  provided 


Duty  or  plerk. 


1853.  590 

by  the  ordinances  of  said  city  for  the  election  of  mayor  and 
aldermen  thereof. 

§  2.  When  two  or  more  persons  shall  have  an  equal 
number  of  votes  for  recorder,  or  when  an  election  for  re- 
corder shall  be  contested,  the  same  proceedings  shall  be 
had  to  determine  the  questions  and  rights  of  the  parties,  as 
are  now  provided  by  the  two  several  acts  hereby  amended, 
and  the  ordinances  of  said  city  now  in  force,  or  that  may 
hereafter  be  passed  in  reference  to  the  election  of  mayor 
of  said  city,  when  two  or  more  persons  shall  have  an  equal 
number  of  votes  for  said  office  of  mayor,  or  when  the  elec- 
tion of  said  mayor  may  be  contested. 

§  3.  It  shall  be  the  duty  of  the  clerk  of  said  city,  im- 
mediately after  the  election  of  recorder  shall  have  been 
had,  to  file  a  certificate  of  the  election  of  the  person  who 
shall  [be]  declared  to  be  duly  elected  to  the  office  of  re- 
corder, with  the  county  clerk  of  Peoria  county,  whose 
duty  it  shall  be  to  file  and  preserve  the  same,  and  enter  it 
upon  the  books  kept  by  the  said  clerk  for  recording  the 
election  of  justices  of  the  peace  for  said  county  ;  and  the 
said  county  clerk  shall,  when  required,  certify  to  his  offi- 
cial character,  as  in  cases  of  justices  of  the  peace. 

§  4.  No  person  shall  be  eligible  to  the  office  of  city 
recorder,  who  is  not  above  the  age  of  twenty-one  years 
and  who  shall  not  have  resided  one  year  in  said  city  next 
preceding  his  election. 

§  5.  The  said  recorder  shall  be  commissioned  by  the 
governor  as  a  justice  of  the  peace,  and  shall  be  conservator 
of  the  peace  in  said  city;  and  shall  have  power  and  au- 
thority to  administer  oaths,  issue  writs  and  process  under 
the  seal  of  the  city,  to  take  depositions,  the  acknowledg- 
ment of  deeds,  mortgages,  and  all  other  instruments  of 
writing,  and.  certify  the  same  under  the  seal  of  the  city, 
which  shall  be  good  and  valid  in  law. 

§  6.  The  said  recorder,  when  duly  qualified,  shall  have, 
possess  and  exercise  exclusive  jurisdiction  in  and  over  all 
cases  arising  under  the  ordinances  of  said  city,  and  which 
is  now  exercised  by  the  mayor  thereof,  under  and  by  virtue 
of  the  provisions  of  the  two  several  acts  hereby  amended  : 
Provided,  that  the  city  marshal  of  said  city,  or  any  other  offi- 
cer authorized  to  execute  writs  or  process  issued  by  the 
said  recorder,  shall  have  power  to  execute  the  same  any- 
where within  the  limits  of  Peoria  county. 

§  7.  He  shall  hold  a  recorder's  court  in  said  city  for 
the  trial  of  all  cases  arising  under  the  ordinances  of  said 
city,  as  is  now  provided  for  tiie  holding. of  a  mayor's  court 
therein,  or  as  may  hereafter  be  provided  by  ordinance. 
He  shall  keep  a  docket  in  which  shall  be  entered  all  cases 
tried  before  him  in  the  same  manner  as  is  required  of  jus- 
tices of  the  peace  by  the  laws  of  this  state. 


591  1863. 

§  8.  That  the  eleventh  section  of  the  eighth  article  of  Appeals, 
the  first  named  act  hereby  amended  shall  be  so  amended 
that  all  appeals  from  the  decision  of  the  said  recorder,  or 
from  any  judgment  entered  by  him,  shall  be  taken  within 
five  days  from  and  after  the  rendition  of  judgment:  Pro- P'^o^'**'- 
vided,  that  in  case  the  city  of  Peoria  be  tiie  appellant,  the 
appeal  shall  be  granted  on  application,  and  without  re- 
quiring an  appeal  bond  to  be  filed  as  in  other  cases  of 
appeal. 

§  9.  The  said  recorder  shall  have  the  same  power  to  contempu. 
punish  for  contempt  as  is  now  conferred  upon  justices  of 
the  peace  by  the  laws  of  this  state,  and  for  sucii  contempts 
may  impose  a  fine  not  exceeding  fifty  dollars  for  each 
offence,  and  on  failure  to  pay  the  same,  he  may  commit  the 
oflfender  forthwith  to  prison  until  the  fine  and  costs  shall 
be  paid  as  may  be  provided  by  ordinance. 

§  10.  In  case  said  recorder  shall  remove  from  said  vacate. 
city,  or  resign,  or  die,  or  his  office  shall  be  otherwise 
vacated,  tiie  city  council  shall  by  resolution  declare  the 
office  vacant;  and  whenever  a  vacancy  shall  occur  in  the 
office  of  recorder,  the  same  shall  be  filled  by  a  special 
election,  which  shall  be  held,  conducted,  and  returns 
thereof  made  in  the  same  manner  as  is  or  may  be  provided 
by  ordinance^for  the  election  of  mayor  of  said  city,  at  a 
special  election. 

§  11.  Whenever  a  vacancy  shall  occur  in  the  office  of  Mayor  act  as  re- 
recorder,  or  when  said  recorder,  on  account  of  temporary 
absence  from  the  city,  or  ill  health,  shall  be  unable  to  per- 
form the  duties  of  the  office,  the  mayor  of  said  city  shall 
act  as  recorder  until  an  election  shall  be  held  and  ihe  re- 
corder qualified,  or  until  his  return  to  the  city,  or  the 
restoration  of  his  health,  and  while  acting  as  recorder  the 
said  mayor  shall  be  vested  with  the  same  powers  as  are 
hereby  conferred  upon  the  said  recorder. 

§    12.     The  said  recorder  shall,  for  like  oflfences,  be  sub- Liawe  to  renm- 
ject  to  the  penalties  imposed  upon   the  mayor  of  said  city   *"^'^' 
by  the  eleventh  section  of  the  sixth  article  of  the  first  act 
hereby  amended. 

§   13.     Before  entering  upon  the  duties  of  his  office  the  oath. 
said  recorder  shall  take  and  subscribe  the  oatiis  prescribed 
by  the  constitution  of  this  state,  and  shall  file  a  bond  as  is 
required  by  law  of  justices  of  the  peace. 

^    14.     Said  recorder  shall  receive  for  his  services  such  fws. 
salary  and  fees  as  may  from  time  to  time  be  fixed  by  reso- 
lution or  ordinance  of  said  city  council. 

§  15.  In  case  the  recorder,  mayor,  or  any  aldermen  of 
said  city  shall  resign  his  office,  such  resignation  shall  be  made 
in  writing,  and  shall  be  addressed  to  the  city  council  of  said 
city. 


1853. 


592 


>(!«  t-.,i  to  wards. 


fiiblicatioaof  01- 
jiluaiiccs. 


§  16.  The  city  council  of  said  city  shall  have  exclusive 
power,  by  ordinance,  to  license,  tax  and  regulate  within 
said  city,  ail  insurance  companies  and  their  agencies,  agree- 
ably to  the  laws  of  tliis  state. 

§  17.  The  said  council  shall  have  power  to  establi'^h, 
erect,  regulate  and  repair  public  wharves,  docks  and  land- 
ing places  in  said  city,  and  to  provide  for  the  levying  and 
collection  of  wharfage  thereat,  and  shall  have  exclusive 
jurisdiction  over  the  same  :  Provided^  that  the  lands  of  no 
person  shall  be  appropriated  or  used  as  a  public  landing, 
without  having  compensation  made  to  him  as  provided  by 
law  in  other  cases. 

§  18.  That  all  that  district  of  country  included  in  the 
south  half  of  section  three,  the  south  half  of  section  four, 
the  south-east  quarter  of  section  five,  the  east  half  of  sec- 
tion eight,  all  of  fractional  section  nine,  all  of  fractional 
section  ten,  all  of  fractional  section  sixteen,  the  east  half 
of  fractional  section  seventeen,  in  township  eight,  north  of 
the  base  line,  of  range  eight,  east  of  the  fourth  principal 
meridian,  and  to  the  middle  of  the  Illinois  river  and  Lake 
Peoria,  as  has  heretofore,  or  may  hereafter  be  laid  out  and 
recorded  as  such,  are  hereby  declared  to  be  within  the 
boundaries  of  the  said  city  of  Peoria;  and  hereafter  when 
any  tract  of  land  adjoining  said  city  as  above  bounded, 
shall  be  laid  off  into  town  lots  and  duly  recorded  as  re- 
quired by  law,  the  same  shall  be  annexed  to  and  form  part 
of  the  city  of  Peoria;  and  that  when  any  of  said  tracts  of 
land  thus  annexed  to  said  city  shall  be  situated  on  the  north- 
west bank  of  the  Illinois  river  or  Lake  Peoria,  and  sliall 
run  to  low  water  mark,  the  boundary  of  said  city  at  that 
point  shall  extend  in  a  direct  line,  continuing  the  line  fix- 
ing the  outside  boundary  of  said  addition  to  the,middle  of 
the  said  river  or  lake,  or  until  the  same  shall  strike  another 
boundary  line  of  said  city. 

§  19.  That  the  city  council  of  said  city  shall  have 
power  to  create  any  number  of  additional  wards  in  said 
city,  and  shall  provide  for  the  election  of  two  aldermen  for 
each  ward;  and  said  city  council  shall  consist  of  the  mayor 
and  two  aldermen  from  each  ward  in  said  city. 

§  20.  The  ordinances  of  said  city,  when  published  in 
any  newspaper  printed  in  said  city,  shall  be  deemed  and 
taken  as  public  acts,  and  shall  be  received  in  evidence  in 
all  courts  and  places  in  this  state  without  further  authen- 
tication or  proof. 

§  21.  This  act  is  hereby  declared  to  be  a  public  act, 
and  may  be  read  in  evidence  in  all  the  courts  of  law  and 
equity  in  this  state  without  proof. 


593  1863. 

§  22.  All  acts  or  parts  of  acts  coming  within  the  pro- 
visions of  this  act,  or  contrary  to  or  inconsistent  with  its 
provisions,  are  liereby  repealed. 

Approved  February  12,  1853. 


AN'  ACT  more  effectually  to  incorporate  the  Hamilton  Mill  Compan)..     in 


lorti- 


1853. 


Section  1.  Be  it  enacted  by  the.  peojile  of  the  state  of 
Illinois,  represented  in  the  General  Assembly,  That  Artois 
Hamilton,  Thomas  McLellan,  Bryant  Bartlett,  Henry  R.  Covp^.v. 
Dickerson  and  George  Edmunds,  jr.,  who  are  associated 
under  "An  act  to  authorize  the  formation  of  corporations 
for  manufacturing,  agricultural,  mining  or  mechanical  pur- 
poses," approved  February  10th,  1849,  by  articles  of  asso- 
ciation dated  the  17th  day  of  November,  A.  D.  1852,  and 
filed  in  the  office  of  secretary  of  state  the  23d  day  of  No- 
vember, A.  D.  1852,  together  with  David  E.  Head,  Bryant 
T.  Scofield  and  Crocket  Wilson,  who  are  now  associated 
with  them,  and  such  other  persons  as  shall  licreafter  asso- 
ciate with  them,  by  subscribing  to  the  stock  of  the  com- 
pany so  associated  and  hereby  extended,  enlarged  and  in- 
corporated, are  hereby  recognized  as  a  body  politic  and 
corporate,  and  are  hereby  m.ore  effectually  created  a  body 
politic  and  corporate,  by  the  name  and  style  of  «The^"*^«- 
Hamilton  Mill  Company,"  and  by  that  name  shall  have 
perpetual  succession,  be  capable  of  contracting  and  being 
contracted  with,  of  suing  and  being  sued,  of  acquiring  by 
purcliase,  or  otherwise,  and  holding  or  conveying  real 
and  personal  property,  for  the  purposes  and  objects  of 
said  company  ;  may  have  a  common  seal,  which  they  may 
alter  at  pleasure  ;  may  make  all  needful  by-laws  for  the 
government  of  the  company,  its  officers  and  the  manage- 
ment of  its  affairs,  and  alter  tlie  same  at  pleasure  ;  may 
provide  for  the  election  of  such  officers  and  agents  as  may 
be  deemed  necessary,  and  prescribe  the  duties  and  liabili- 
ties of  all  the  officers  of  said   company. 

§  2.  The  said  company  are  hereby  authorized  to  build  Da"!' 
a  dam  across  the  slough  between  the  southeast  quarter  of 
section  No.  30,  township  No.  five  north,  range  No.  eight, 
west  of  the  4th  principal  meridian,  and  island  No.  two,  in 
the  Mississippi  river,  in  Hancock  county,  Illinois,  and  also 
to  extend  a  dam  or  dyke  from  the  head  of  said  island  No. 
two  into  said  river,  in  such  form  and  to  such  extent  as  said 
company  shall  deem  most  advantageous  for  the  purpose  of 
creating  hydraulic  power;  and  said  company  may  use,  lease, 
or  otherwise  dispose  of  the  same;  ajad  may  construct  such 
other  works,  buildings  and  machinery  as  may  be  deemed 
[  N2  J 


1853.  594 

necessary  or  proper  to  use  such  power  and  prosecute  the 
interests  and  objects  of  said  company. 
d]  stock.  §   3.     The  capital  stock  of  said  company  shall  be  twelve 

thousand  dollars,  but  said  company  may  from  time  to  time 
increase  the  capital  stock  of  said  company  to  any  sum  not 
exceeding  in  all  two  hundred  thousand  dollars,  to  be  di- 
vided into  shares  of  fifty  dollars  each. 

§  4.  The  persons  named  in  the  first  section  of  this  act, 
their  heirs,  executors,  administrators  or  assigns,  shall  con- 
stitute said  company  until  said  company  shall  deter- 
mine to  increase  their  capital  stock,  when  any  person  may 
become  a  member  of  said  company  by  subscribing  at  least 
one  share  and  paying  the  same,  and  all  assessments  thereon, 
when  called  for;  each  share  shall  be  entitled  to  one  vote 
at  all  elections,  and  may  be  cast  in  person  or  by  proxy. 
'.  V-.  §   5.     The  present  trustees  of  said  association  shall  be 

the  directors  of  this  company  until  the  first  Monday  of 
September  next,  unless  before  that  time  they  shall  order  a 
new  election,  at  which  time  and  immediately  thereafter 
there  shall  be  an  election  for  directors  of  said  company, 
who  shall  be  chosen  from  among  the  stockholders,  and 
shall  hold  their  office  for  one  year  and  until  their  succes- 
sors are  elected  and  qualified;  there  shall  be  three  directors 
elected  until  the  company  by  by-law  shall  determine  to 
elect  five,  one  of  whom  shall  be  chosen  president.  The 
time  of  holding  elections  may  be  attended  by  the  directors. 
The  directors  shall  have  tlie  management  of  all  the  con- 
cerns of  said  company;  may  appoint  such  subordinate  offi- 
cers, agents,  attorneys  and  servants  as  the  business  of  said 
company  may  require,  and  remove  them  at  pleasure;  con- 
trol and  apply  the  funds  of  said  company,  and  the  dispo- 
sition of  its  property;  make  all  contracts  and  conveyances, 
and  do  all  other  business  of  said  company. 

§  6.  The  said  company  shall  in  nowise,  by  any  works 
to  be  erected  by  them,  obstruct  or  interfere  with  the  nav- 
igation of  the  channel  of  the  Mississippi  river,  nor  with 
the  rights  of  other  persons. 

§  7.  The  capital  stock  of  said  company  shall  be  deemed 
personal  property,  and  be  transferable,  but  no  transfer 
shall  be  made  except  upon  the  books  of  said  company,  nor 
until  all  assessments  then  called  for  or  made  shall  be  paid. 

§  8.  This  act  shall  be  deemed  and  taken  as  a  public 
act,  and  shall  be  construed  liberally  for  the  company  in 
all  courts  and  places. 

Approved  February  3,  1853, 


595  1863. 

AN  ACT  to  provide  for  gelling  the  land  granted  as  a  common  to  the  inhab-  '"  M'e  Feb 
itaiits  of  the  town  of  Mount  Carmel,  and  for  disposing  of  the  proceeds  ■'^''^• 

ihereof. 


Pvcam'j] 


Whereas  tlie  inhabitants  of  the  town  of  Mount  Carmelj  in 
the  county  of  Wabash,  are  in  common  entitled  to  the  use 
and  benelit  of  certain  lands  adjacent  and  lying  between 
said  town  and   the  Wabash  river,  commonly  known  as 
the  "Commons  of  the  town  of  Mount  Carmel,"  by  vir- 
tue of  a  grant  from  the  original  proprietors  of  said  town; 
and  whereas  the  right  to  divide,  lease  or  grant  the  said 
lands,  or  any  part  of  them,  is  by  the  constitution  vested 
in  a  majority  of  the  qualified  voters  therein,  and  they 
having  petitioned/therefor,  therefore — 
Section  1.    Be  it  enacted  by  the  people  of  the  state  oj 
Illinois^  represented  in  the   General  Assembly^    That  the 
board  of  trustees  of  the  said  town  of  Mount  Carmel  are  comm:i<. 
authorized  and  empowered,  by  this  act,  to    have  the  com- 
mons of  said  town,  or  any  part  thereof,  surveyed  and  di- 
vided into  such  lots,  streets,  squares  and  alleys  as  will,  in 
their  opinion,  seem  best  and  most  advantageous,  and  shall 
cause  a  plat  or  plats  of  the  same  to  be  made,  showing  the 
location  and  dimensions  of  each  lot  and  square  ;  location 
and  width  of  each  street  and   alley — each  lot  to  be  also 
properly   numbered,    and   each   street  properly   entitled ; 
which  plat  or  plats,  when  so  made,  shall  be  recorded  in 
the  recorder's  office  of  Wabash  county — a   copy  of  which 
record,  duly  certified  by  the  recorder  of  said  county,  shall 
be  sufficient  and  competent  evidence  of  the  location  of  the 
lots,  streets,  squares  and  alleys  in  said  survey  or  surveys. 

§  2.  The  said  board  of  trustees  may  proceed  to  offer  saic. 
for  sale  absolutely,  at  public  outcry,  any  or  all  of  said  lots,* 
at  such  place,  upon  such  terms,  and  at  such  intervals  of 
time  as  by  them  may  be  deemed  most  advantageous,  and 
so  continue  until  all  of  said  lots  are  disposed  of;  and  the 
said  trustees  shall,  previous  to  each  offering  as  aforesaid, 
give  notice  for  four  consecutive  weeks  in  a  newspaper  prin- 
ted in  said  town,  which  notice  shall  specify  the  place  where, 
the  time  when  and  the  terms  upon  which  the  said  lots 
will  be  offered  for  sale  :  Provided,  that  the  said  board  shall 
have  authority  to  reserve  any  portion  of  said  commons  as 
a  public  square  or  park. 

§  3.  Each  lot  shall  be  offered  separately  for  sale,  and -'«'^'-'' <<*  »«| 
the  same  shall  be  struck  off  and  sold  to  the  highest  and 
most  responsible  bidder  for  cash,  or  upon  such  terms  of 
credit  as  shall  be  determined  upon  and  published  by  said 
board ;  and  the  said  board  of  trustees,  by  their  president, 
under  his  hand  and  seal,  shall  make  and  execute  to  each 
purchaser  a  good  and  sufficient  deed,  in  fee  simple,  which 
deed  shall  vest  in  the  purchaser,  his  or  her  heirs  and  asr 


1853.  596 

signs,  a  full  and  perfect  title  in  and  to  the  premises  there- 
by conveyed. 

i'     ^   -a'e.  ^   4.     Nothing  herein  contained  shall  be  so  construed  as 

to  prohibit  the  said  board  of  trustees  from  disposing  of  any 
of  said  lots  at  private  sale  after  they  shall  have  been  ex- 
posed for  sale  at  public  auction. 

Appropriation  of  §  5,  The  procceds  of  the  sale  of  the  lots  of  said  com- 
proceeds.  nious,  as  providcd  for  herein,  after  defraying  the  expenses 
attending  the  sale  and  conveyance  of  the  same,  may  be 
appropriated  towards  the  construction  of  a  raceway  or  ca- 
nal from  some  point  above  the  dam  across  the  Wabash  riv- 
er, at  the  foot  of  the  Grand  Rapids,  or  from  some  point  on 
Crawfish  creek,  and  to  terminate  in  the  Wabash  river, 
near  said  town  of  Mount  Carmel.  The  said  board  of  trus- 
tees, if  deemed  more  expedient,  shall  have  power  and  are 
hereby  authorized  to  appropriate  the  whole  or  any  portion 
of  the  moneys  realized  from  the  sale  of  said  commons  to 
the  purchase  of  suitable  grounds,  if  none  be  donated  for 
the  purpose,  and  the  erection  of  a  suitable  building  there- 
on within  the  corporate  limits  of  the  said  town  of  Mount 
Carmel,  to  be  used  as  a  seminary  of  learning. 

Treasurer    give      §   6-     Tlic   Said   board   of  trustccs   shall   require   their 

bonds.  treasurer  to  give  bond  in  such  sum  as  they  may  deem  pro- 

per, payable  to  them  and  their  successors  in  office,  for  the 
use  of  the  inhabitants  of  said  town  of  Mount  Carmel,  with 
good  and  sufficient  personal  security,  and  conditioned  for 
the  faithful  discharge  of  his  duties  under  this  act,  and  the 
payment  to  his  successors  in  office  of  all  moneys  that  may 
be  in  his  hands  as  treasurer. 

§   7.     This  act  shall  be  taken  and  deemed  a  public  act, 
and  shall  be  in  force  from  and  after  its  passage. 
Approved  February  12,  1853. 


In  force  Jan.  27,  AN  ACT  to  establish  a  ferry  across  the   Mississippi  nver  in  Henderson 
^^^'  county. 

Section  1.      Be  it  enacted  by  the  people  of  the  state  of 
lUinois,  represented  in  the  General  Assembly^  That  John 
Forry.  S.  Pollock,  his  heirs  and  assigns,  be    and  they  are  hereby 

authorized  and  empowered  to  maintain  and  keep  a  ferry 
for  and  during  the  term  of  ten  years  from  the  passage  of 
this  act,  across  the  Mississippi  river,  from  the  point  where 
the  state  road  leading  from  Peoria,  Illinois,  to  Burlington, 
Iowa,  terminates  on  the  eastern  bank  of  the  Mississippi 
river,  in  the  county  of  Henderson,  to  the  said  city  of  Bur- 
lington, with  the  privileges  to  said   Pollock,  iiis  heirs  and 


I 


597  1853. 

assigns,  of  landing  their  boats  and  other  water  crafts  for 
the  transportation  of  persons  and  property  across  said  river, 
at  the  western  terminus  of  the  said  state  road  from  Peoria 
to  Burlington. 

§  2.  That  said  John  S.  Pollock,  his  heirs  and  assigns,  Boats. 
shall  keep  at  all  times  a  good  and  sufficient  ferryboat,  with 
such  other  boats  as  may  be  necessary  for  the  speedy  and 
safe  transportation  of  passengers,  teams,  horses,  cattle  and 
other  animals,  as  well  as  goods  and  effects  belonging  to 
passengers,  and  shall  furnish  said  boats  with  men  with  suit- 
able strength  and  skill  to  manage  them,  and  sfiall  charge 
and  receive  such  rates  of  ferriage  as  may  be  allowed  him 
by  the  county  commissioners  of  said  county  of  Henderson. 

vS   B.      The    said   John   S.   Pollock,  his   heirs   or  assip-ns.Tax. 


3.     The   said   John   S.  Pollock,  his  heirs  or  assigns 


shall  pay  into  the  treasury  of  the  said  county  of  Hendei 
son  such  amount  of  tax  as  may  be  imposed  upon  said  ferry 
by  the  county  commissioners  of  said  county  of  Henderson, 
not  exceeding  forty  dollars  ;  and  in  the  management  and 
regulation  of  the  aforesaid  ferry  shall  be  governed  by  the 
"Act  to  establish  ferries  and  toll-bridges,"  approved  March 
the  third,  one  thousand  eight  hundred  and  forty-five. 

§  4.  That  in  case  of  failure  by  the  said  John  S.  Pollock,  sue  for  tax. 
his  iieirs  and  assigns,  to  pay  such  amount  of  tax  so  assess- 
ed by  the  county  commissioners  aforesaid,  the  said  com- 
missioners may  sue  for  and  recover  the  same  in  an  action 
of  debt  before  any  justice  of  the  peace  of  said  county  of 
Henderson. 

§  5.  Be  it  fur  the  7'  enacted,  that  the  said  John  S.  Pol- Privilege  onsir-d 
lock,  his  heirs  and  assigns,  shall  have  the  privilege  of  land-  ^°^' 
ing  the  said  boat  or  boats  at  the  town  of  Schokokon,  in  said 
county  of  Henderson,  and  for  one  mile  above  and  below 
the  same,  and  that  no  license  shall  hereafter  be  granted 
during  said  term  to  any  other  person  or  persons  or  body 
corporate  to  keep  or  run  a  ferry  and  land  at  said  town  or 
within  said  mile. 

§   6.     The  said  John  S.  Pollock  shall  be  entitled  to  the  Rntitieii  topriv- 
benefits  of  the  forty-second  chapter  of  the  Revised  Statutes  "®°*'*- 
in  regard  to  ferries  and  toll-bridges  ;  and  should  any  per- 
son  or   persons    or  body  corporate,  hereafter  licensed  or  1211 ';^apur  Re- 
Without  license,  run  and  land  a  ferry  at  said  point  in  last 
section  mentioned,  they  shall  be  subject  to  and  incur  the 
penalties  and  forfeitures  given  in  said  forty-second  chapter, 
which  may  be  recovered  by  said  Pollock  as  therein  pro- 
vided. 

§   7.     This  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  January  27,  1853. 


1853.  598 

rce  Feb.  12,  AN  ACT  to  establish  a  ferry  across  the  Ohio  river. 

Section  1.  Be  it  enacted  hy  the  people  of  the  state  of 
Illinois,  o^epresented  in  the  General  Jlssembly,  That  James 
D.  Southard  and  Carroll  N.  Rawlings,  and  such  person  or 
persons  as  they  may  associate  with  them,  be  and  they  are 
hereby  authorized  to  establish  and  keep  a  ferry  for  fifty 
years  across  the  Ohio  river,  from  the  most  convenient  and 
desirable  point  in  fractional  section  thirty-six,  township 
sixteen  south,  range  one  west,  in  Pulaski  county,  Illinois, 
to  the  Kentucky  shore. 

fi,  §  2.     Said  Southard  and  Rawlings,  and  their  associates, 

if  they  should  have  any,  shall  cause  said  ferry  to  be  fur- 
nished with  a  good,  tight  boat  or  boats,  sufficient  for  the 
safe  transportation  of  all  passengers,  their  teams,  horses, 
cattle  or  other  animals,  wagons,  and  the  goods,  effects,  pro- 
perty, freight,  &c.,  of  all  persons  ;  and  said  boat  or  boats 
shall  be  furnished  with  men  of  suitable  strength  to  manage 
the  same,  or  with  horses,  or  with  steam,  or  with  suitable 
and  equivalent  propelling  power,  at  the  option  of  said  South- 
ard and  Rawlings,  and  their  associates,  if  any  they  should 
have. 

iiiigs.  §   3.     The  said  Southard  and  Rawlings,  and  their  asso- 

ciates, if  any  they  should  have,  shall  be  allowed  to  land 
their  boat  or  boats  at  any  point  on  said  Ohio  river,  eligible 
and  suitable  in  said  fractional  section  thirty-six ;  and  no 
other  person  or  persons  shall  be  allowed  to  establish  any 
ferry  within  one  mile  and  a  half  above  and  below  said  point; 
said  Rawlings  and  Southard  to  select  and  locate  their  said 
point  of  landings  and  report  the  same,  in  writing,  to  the 
county  court  of  Pulaski  county,  within  six  months  from  and 
after  the  passage  of  this  act:  Provided,  that  said  Southard 
and  Rawlings,  and  their  associates,  if  any  they  should  have, 
shall  conform  to  and  comply  with  the  terms  and  provisions 
contained  in  the  second  section  of  this  act. 

I.  §   4.     Said  Southard  and  Rawlings,  and  their  associates, 

if  any  they  should  have,  or  their  assigns  or  grantees,  shall 
receive  such  rates  of  toll  or  freights  or  ferriage  as  the  coun- 
ty court  of  said  Pulaski  county  shall  establish  and  ordain, 
not  to  exceed  or  be  less  than  a  fair  and  just  compensation. 
§  5.  This  act  to  be  in  force  from  and  after  the  first  day 
of  May,  A.  D.  1853. 

Approved  February  12,  1853. 


r 


599  1853. 


AN  ACT  to  establish  a  ferry  across  the  Mississippi  river  at  the  town  of  Tn  luroe  Fti..  i 
Dallas  City.  i'^fi> 

Section  1.  Be.  it  enacted  by  the  jieople  of  the  state  of 
Illinois,  7' ep  resented  in  the  Genei'alJlssemhhj,  That  William 
H.  Rollosson,  his  heirs  and  assigns,  be  and  the}-  are  here-  i-err,-. 
by  authorized  to  establish  and  keep  a  ferry  for  the  term  of 
ten  years  across  the  Mississippi  river,  between  the  town  of 
Dallas  City,  in  the  counties  of  Hancock  and  Henderson, 
in  the  state  of  Illinois,  and  the  opposite  sh.ore,  in  the  state 
of  Iowa;  during  which  time  no  license  shall  be  granted  by 
the  county  authorities  of  the  county  of  Hancock  or  Hen- 
derson to  any  person  or  persons  or  body  corporate,  to  es- 
tablish or  keep  a  ferry  within  one  mile  of  the  line  of  the 
counties  of  Hancock  and  Hender^son,  at  a  point  where  the 
same  strikes  the  Mississippi  river. 

§  2.  Tlie  said  V/illiam  H.  Rollosson  shall  keep,  at  all  i^  ■^ts,  &c. 
times,  a  good  and  sufficient  boat,  with  such  other  boats  as 
may  be  necessary  for  the  speedy  and  safe  transportation  of 
passengers,  teams,  horses,  cattle  and  other  animals,  as  well 
as  goods  and  effects  belonging  to  passengers,  and  shall  fur- 
nish boats  with  men  with  suitable  strength  and  skill  to  man- 
age them,  and  shall  receive  such  rates  of  ferriage  as  may 
be  allowed  him  by  the  county  court  of  the  county  above 
named,  '\x\  which  he  may  select  a  regular  landing  for  said 
ferry,  and  \\\  the  management  of  the  aforesaid  ferry  shall 
be  governed  by  t!ie  "Act  to  establisli  ferries  and  toil- 
bridges,"  approved  March  third,  one  thousand  eigiit  hun- 
dred and  forty-five. 

§  3.  The  said  William  H.  Rollosson  shall  have  the  ferr}'  i-.ny  rrivii  i, 
privileges  from  said  Dallas  City  to  the  opposite  shore,  to 
the  state  of  Iowa,  for  the  term  of  ten  years  from  the  pas- 
sage of  this  act,  for  one  mile  above  and  one,mile  below  the 
said  line  between  said  counties  mentioned  ;  and  should  any 
other  person  or  persons  or  body  corporate  run,  keep  and 
land  a  ferry  at  said  point,  or  within  one  mile  above  and 
below  the  same,  such  person  or  persons  or  body  corporate^ 
shall  incur  the  forfeitures  and  penalties  provided  m.  the 
eleventh  section  of  said  act  in  regard  to  ferries  and  toll- 
bridges,  approved  March  the  3d,  1845,  which  may  be  en- 
forced and  recovered  by  the  said  William  H.  Rollosson, 
his  heirs  and  assigns,  as  in  said  section  of  said  act  provi- 
ded. 

§   4.     This  act  to  take  effect  and  be  in  force  from  and  after 
its  passage. 

Approved  February  11,  1853. 


1853.  600 

In  tc.rco  Feb.  8,  AN  ACT  to  amend  an  act  entitled  '-'An  act  to  provide  for  the  construction 
'^^"'-  of  plank  roads  by  a  general  law." 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois^  represented  in  the  General  Assembly^  That  the 
Change  of  name,  corporate  name  of  the  OIney,  Lawrenceville  and  Wabash 
Plank  Road  Company  be  changed,  and  that  said  company 
be  hereafter  known  by  the  name  and  style  of  "The  Law- 
renceville and  Wabash  Plank  Road  Company." 
.sunwuv.  §  2.     That  said   company  be  required  to  surrender  to 

the  counties  of  Lawrence  and  Ricldand  so  much  of  the 
state  road  leading  from  Lawrenceville  to  Olney  as  lies 
within  said  counties,  and  was  heretofore,  by  the  county 
courts  of  said  counties,  granted  to  said  plank  road  com- 
pany;  such  release  to  be  made  by  order  of  the  board  of 
directors,  signed  by  the  president  and  secretary,  and  filed 
in  the  office  of  the  clerk  of  the  county  courts  of  the  respec- 
tive counties. 

§  3.  That  after  the  execution  of  the  surrender  or  re- 
lease of  the  said  road,  the  said  plank  road  company  shall 
not  be  required  to  construct  more  of  said  road  proposed 
by  the  articles  of  association  of  said  company  to  be  con- 
structed, than  that  which  lies  between  the  town  of  Law- 
renceville and  the  Great  Wabash  river. 
M  -ravel.  §   4.     That  Said  company  may  use  gravel  or  other  suit- 

able material,  in  lieu  of  plank,  for  the  construction  of  so 
much  of  said  road  as  lies  in  Allison  Prairie  and  Purgatory 
Swamp,  and  is  subject  to  overflow  by  the  waters  of  the 
Wabash  and  Embarrass  rivers,  and  may  charge  the  same 
toll  upon  such  gravel  road  as  if  the  same  were  laid  with 
plank  :  Provided^  however^  before  toll  shall  be  charged  up- 
on such  gravel  road  the  same  shall  be  first  inspected  and 
approved  by  the  inspectors  provided/for  inspection  of  plank 
roads  by  the  act  to  which  this  is  an  amendment. 

§  5.  That  said  plank  road  company  may  charge  the 
following  rates  of  toll  in  addition  to  the  toll  authorized  by 
law  to  be  charged  upon  said  plank  road,  for  crossing  on 
the  bridge  erected  by  said  company  over  the  Embarrass 
river,  to  wit  :  for  wagon  with  six  horses,  thirty-five  cents; 
wagon  and  four  horses,  thirty  cents ;  wagon  and  three 
horses,  twenty-five  cents  ;  wagon,  and  two  horses,  twenty 
cents  ;  buggy  or  other  vehicle  drawn  by  one  horse,  fifteen 
cents  ;  man  and  horse,  ten  cents ;  footman,  five  cents  each; 
head  of  horses,  mules  or  cattle,  three  cents  each;  and  for 
every  head  of  hogs  or  sheep,  one  cent  each  :  Provided^  how- 
ever, that  the  citizens  of  Lawrence  and  Richland  counties 
and  the  property  belonging  to  them,  be  permitted  to  cross 


601  1853. 

laid  bridge  free  of  toll,  except  so  far  as  said  bridge  con- 
stitutes part  of  said  plank  road. 

§  6.  This  act  to  take  effect  and  be  in  force  from  and 
ifter  its  passage. 

iy-PROvED  February  8,  1853. 


^N  ACT  to  authorize  the  construction  of  a  bridge  across  the  Big  Vermil-  In  force  Feb.  li.. 
ion  river,  in  La  Salle  county.  ^^^^' 

I  Section  1.  £e  ii  enacted  by  the  peo'ple  of  the  state  of 
y[lli7iais,  represented  in  the  General  Jissemhly^  That  Isaac 
fl.    Hitt,    Bronson    Murry,  Beebe   Clark,    Ira   L.  Peck,  corporatois. 

leldon  Cadweli,  Herman  Baldwin  and  Iram  Nye,  their 
leirs    or  assigns,  be   and  they  are  hereby   authorized  to 

uild  a  bridge  across  the  Big  Vermilion  river,  at  any  point 
on  section  twenty-five  or  section  thirty,  in  township  tliirty- 
Uiree  north,  range  one,  east  of  the  third  principal  meridian, 
In  the  county  of  La  Salle. 

§  2.     That  said   Isaac  R.  Hitt,  Bronson  Murry,  Beebe  '^^^^^^f^°J    *""- 
(Clark,  Ira  L.  Peck,  Sheldon   Cadweli,   Herman  Baldwin 
knd  Iram  Nye,  their  heirs  and  assigns,  shall  commence  the 
said  bridge  witiiin  two  years  and  complete  the  same  within 
four  years  from  the  passage  of  this  act. 

;  3.  The  said  Isaac  R.  Hitt,  Bronson  Murry,  Beebe  Ton-sate. 
Clark,  Ira  L.  Peck,  Sheldon  Cadweli,  Herman  Baldwin 
ind  Iram  Nye,  their  heirs  and  assigns,  are  hereby  author- 
zed,  after  the  completion  of  the  said  bridge,  to  place  a 
ijtoll-gate  at  either  end  of  the  same,  when  they,  their  heirs 
or  assigns,  may  demand  of  every  person  crossing  said  bridge 
i\\:  following  rates  of  tolls,  to  wit:  for  each  two  horse 
wagon  or  carriage  drawn  by  two  horses,  mules,  asses  or 
oxen,  ten  cents;  for  each  additional  horse,  mule,  asses  or  oxen 
attached  to  such  wagon  or  carriage,  three  cents  ;  for  each 
OIK;  horse  wagon,  carriage  or  cart,  five  cents  ;  for  each 
maa  and  horse,  five  cents  ;  for  each  hog  or  swine,  under  ten 
In  number,  two  cents  ;  and  for  ten  and  all  over  ten  in  num- 
|ber,  one  cent  each ;  for  each  head  of  horses,  mules,  asses 
lor  cattle,  under  ten  in  number,  three  cents  ;  and  for  ten 
land  all  over  ten  in  number,  two  cents  each  ;  for  each  foot- 
man, three  cents :  Provided^  that  the  said  corporators, 
their  heirs  or  assigns,  may  double  the  above  rates  after 
nine  o'clock  at  night  and  before  daylight  in  the  morning. 
j  §  4.  The  said  corporators  shall  always  keep  the  said  Keep^^bridge  in 
:bridge  in  good  repair,  so  as  to  admit  of  convenient  and 
safe  passage  for  all  persons  and  their  property,  on  payment 
of  the  tolls. 


1853. 


602 


§  5.  In  case  the  said  bridge  shall  be  destroyed  by 
freshets  or  other  accident,  and  the  same  shall  not  be  re- 
built or  repaired  within  two  years,  the  charter  hereby 
granted  shall  cease  and  be  at  an  end. 

§  6.  Any  person  passing  over  said  bridge  with  ahorse, 
carriage  or  other  vehicle  in  a  faster  gate  than  a  walk,  shall 
be  subject,  for  each  and  every  offence,  to  a  fine  of  five 
dollars,  to  be  recovered  before  any  justice  of  the  peace  in 
the  county  of  La  Salle  *  Provided^  that  a  copy  of  this  sec- 
tion be  placed  in  a  conspicuous  place  at  each  end  of  said 
bridge. 

§  7.  If  any  person  shall  wilfully  or  negligently  do  or 
cause  to  be  done  any  injury  to  said  bridge,  the  person  or 
persons  so  offending  shall  forfeit  and  pay  to  the  proprietor 
or  proprietors  three  times  the  amount  of  such  injury,  to  be 
recovered  by  action  of  debt  or  action  on  the  case  before 
any  justice  of  the  peace  or  other  court  having  jurisdiction 
of  the  same. 

§1  8.  The  said  bridge  shall  be  deemed  a  public  high- 
way within  the  meaning  of  the  laws  providing  for  the  pun- 
ishment of  persons  injuring,  obstructing  or  destroying  pub- 
lic highways  or  bridges,  in  any  manner  or  by  any  means 
whatever. 

§   9.     This  act  to  be  in  force  from  and  after  its  passage. 

Approved  February  11,  1853. 


In  force  Feb. 8,  AN  ACT  to  authorize  the   construclion  of  abridge  across  the  Kaskaskia 
1853.  river. 


Section  1.  Be  it  enacted  by  the  people  of  the  state  oj 
Illinois^  represented  in  the  General  tdssembly,  That  William 
H.  Bennett,  Charles  Dunbach,  William  Kraft,  Isaac  John- 
son and  John  T.  Lemon,  and  their  successors  and  assigns, 
be  and  they  are  hereby  created  a  body  corporate  and  ])nl- 
itic,  under  the  name  and  style  of  "The  Athens  Bridge 
Company,"  and  under  such  name  and  style  may  contract 
and  be  contracted  with,  sue  and  be  sued,  plead  and  be  im- 
pleaded, in  all  courts  and  places  where  legal  proceedings 
are  had:  to  have  and  use  a  common  seal,  and  change  the 
same  at  pleasure,  and  to  have  and  exercise  all  the  powers, 
privileges  necessary  to  carry  into  effect  the  objects  ol 
this  act. 

§  2.  The  officers  of  said  company  shall  consist  of  five 
directors,  who  shall  have  the  management  and  control  ol 
the  affairs  of  the  company,  and  shall  be  elected  by  the 
stockholders  of  said  company,  at  such  time  and  place  as 


603  1863. 

said  company  shall  direct.  Said  directors  may  appoint  a 
president,  secretary  and  treasurer,  and  such  other  officers 
as  may  be  necessary.  The  persons  named  in  the  first  sec- 
tion of  tliis  act  shall  be  and  constitute  the  directors  of  said 
company  for  one  year  after  the  passage  of  this  act,  and 
until  their  successors  are  appointed. 

§  3.  The  capital  stock  of  said  company  shall  be  three  cupiui  stack. 
thousand  dollars,  which  may  be  increased,  from  time  to 
time,  by  a  vote  of  a  majority  in  interest  of  the  stockholders, 
at  their  annual  meeting,  or  at  any  special  meeting  which 
may  be  called  for  that  purpose  by  the  directors  of  said 
company,  to  any  sum  not  exceeding  the  entire  amount  ex- 
pended on  account  of  said  road;  which  stock  shall  be  di- 
vided into  shares  of  twenty  dollars  each — each  share  enti- 
tling the  holder  thereof  to  one  vote  in  all  meetings  of  the 
stockholders.  Said  stock  shall  be  deemed  personal  pro- 
perty, and  shall  be  collected  and  made  transferable  upon  such 
creditors  [conditions]  as  the  said  company  shall  direct.  Said 
company  is  hereby  authorized  to  open  books  of  subscrip- 
tion, and  therein  to  secure  the  subscription  of  all  persons 
desirous  of  becoming  stockholders  in  said  company. 

§  4.  Said  company  or  tlje  directors  thereof  shall  haveBy-iaws. 
power  to  pass  all  necessary  by-laws  and  rules  for  the  gov- 
ernment of  said  company,  and  for  the  maintenance  and 
disposition  of  i>ts  property,  not  inconsistent  with  the  con- 
stitution and  laws  of  this  state,  or  of  the  United  States, 
and  the  same  to  alter  or  repeal  at  pleasure. 

§  5.  Said  company  are  hereby  authorized  to  build  and 
maintain  a  toll-bridge  across  the  Kaskaskia  river  at  or 
near  the  town  of  Athens,  on  section  twenty-eight  (28,) 
township  two  (2)  south,  range  seven  (7,)  west  of  the  third 
principal  meridian,  in  the  county  of  St.  Clair  ;  to  purchase, 
hold,  take  and  transfer  all  the  real  estate  necessary  for  car- 
rying out  the  purposes  of  this  act,  and  to  erect  and  main- 
tain gates,  as  well  as  house  (ir  houses,  at  either  end  of  said 
bridge,  for  the  collection  of  toll;  which  toll  shall  not  exceed 
twenty  cents  ;  for  a  vehicle  drawn  by  two  horses,  fifteen 
cents  :  for  a  vehicle  drawn  by  one  horse,  ten  cents  ;  for  a 
man  and  horse,  three  cents,  and  tliree  cents  for  each  head 
of  neat  cattle  or  hogs  or  sheep,  and  for  every  additional 
horse  in  harness,  five  cents. 

§  6.  The  said  company  are  hereby  empowered  to  a c- Right  of  way, 
quire  the  right  of  way,  not  exceeding  one  hundred  feet 
wide,  from  the  termination  of  said  bridge  to  the  nearest 
public  road  or  roads;  and  in  case  the  company  cannot 
agree  with  the  owner  or  owners  of  the  land  for  the  right 
of  way  to  the  main  leading  road  or  roads,  so  as  to  connect 
said  road  or  roads  with  said  bridge,  for  the  damages  for 
the  right  of  way  as  aforesaid,  then  and  in  that  case  it  shall 
be  lawful  for  said  company,  or  their  agent  or  superinten- 


1853.  604 


dent  of  the  work,  to  proceed  to  ascertain  the  damages  the 
owner  or  owners  of  said  land  or  lands  will  sustain  by  the 
erection  of  said  bridge  thereupon,  or  the  right  of  way  as 
aforesaid,  in  the  same  way  and  manner,  in  all  respects 
whatever,  as  is  provided  by  chapter  XCII,  entitled  "Right 
of  way,"  of  Revised  Statutes,  Illinois,  approved  March 
3rd,  1845;  the  per::ons  assessing  said  damages  to  take 
into  consideration  the  additional  value  of  said  lands  by  the 
construction  of  said  bridge  and  way;  and  when  the  dam- 
ages so  assessed  shall  be  paid  by  the  company  the  right 
of  way,  to  the  extent  therein  required,  and  the  site  for 
the  bridge  shall  be  vested  absolutely  in  said  company,  their 
successors  and  assigns  forever,  for  the  purposes  aforesaid; 
and  tlie  assessments  of  said  damage,  with  a  plat  and  dis- 
cription  thereof,  shall  be  recorded  in  the  recorder's  office 
of  the  county  of  St.  Clair. 

Piers.  §   7.     The   said    company   are   empov/ered   to   erect  as 

many  piers  of  stone  or  other  material  in  the  bed  of  said 
river  as  may  be  necessary  for  the  support  and  construction 
of  said  bridge.  Said  company  shall,  in  the  erection  of  said 
bridge,  construct  a  draw  thereon,  over  the  main  channel  of 
the  river,  not  less  than  fifty  (50)  feet  wide,  so  as  to  admit  the 
ready  passage  of  all  boats,  vessels  and  other  water  crafts 
navigating  said  river.  The  navigation  of  said  river  shall 
not,  in  consequence  of  the  construction  of  said  bridge,  be 
injured  or  obstructed  ;  and  in  case  the  draw  mentioned  in 
said  bridge  should  not  be  so  constructed  as  to  afford  a  safe 
and  speedy  passage  to  all  boats  and  crafts  navigating  said 
river,  all  rights  and  privileges  herein  granted  to  said  com- 
pany shall  be  null  and  void.  The  said  bridge  shall  be 
commenced  in  one  year  trom  the  passage  of  this  act  and 
completed  within  four  years  thereafter. 

Toll.  §   8.     The  said  company  shall  receive  for  passing  over 

the  bridge  the  same  rates  of  toll  as  are  allowed  by  the 
county  court  of  St.  Clair  county  at  the  ferries  on  said 
river. 

ii'pair.  §   9.     The  said  company  shall   always  keep  said  bridge 

in  good  repair,  so  as  to  admit  a  convenient  and  safe  passage 
for  all  persons  and  their  property,  on  the  payment  of  tolls. 

Deemed  public  §  10.  The  Said  bridge  sliall  be  deemed  a  public  high- 
highway.  ^g^y  within  the  meaning  of  the  laws  providing  for  the  pun- 
ishment of  persons  obstructing,  injuring  or  destroying 
public  highways  or  bridges  in  any  manner  or  by  any  means 
whatever. 

mmages.  §11-     If  any  person  shall  wilfully  or   negligently  do  or 

cause  to  be  done  any  injury  to  said  brUlge,  the  person  or 
persons  so  offending  shall  forfeit  and  ;  ay  to  the  said  com- 
pany double  the  amount  of  such  injury,  to  be  recovered  by 


605  1853. 

action  of  debt,  before  any  justice  of  the  peace  or  other 
court  having  jurisdiction  of  the  same. 

§  12.  This  act  to  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  February  8,  1853. 


AN  ACT  to  amend  an  act  to  establish  a  ferry  across  the  Kaskaskia  river,  In  force  Feb.  li, 
approved  February  15,  1851.  i^^^- 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois^  represented  in  the  General  Assembly,  That  so 
much  of  the  act  to  which  this  is  an  amendment  as  provides  Amendments. 
that  tlie  county  court  of  Clinton  county  shall  possess  the 
power  from  time  to  time  to  establish  rates  of  toll  or  fer- 
riage, to  be  received  at  said  ferry,  and  also  so  much  of 
said  act  as  provides  that  the  inhabitants  of  township  one 
south,  of  range  five,  west  of  the  third  principal  meridian, 
shall  at  all  times  be  permitted  to  cross  free  of  charge,  be 
and  the  same  is  hereby  repealed. 

§   2.     The  power  to  establish  rates  of  toll  or  ferriage  to  P(jv,er  to  estai<- 
be  received  at  said  ferry   sliall  be  vested   in  the   county  ^""^  ™*'^^  °*  ^""' 
court  of  Washington  county,  as  was  provided  prior  to  the 
passage  of  the  act  to  v/hich  this  is  an  amendment. 

This  act  to  take  effect  from  and  after  its  passage. 

Approved  February  12,  1853. 


ANACT  to  provide  for  the  building  of  side-walks  in  the  town  of  Mascoutah,  in  force  Feb.  lo, 
in  St.  Clair  county.  '         i353. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Jissembly,  That  it  shall 
be  lawful  for  the  legal  voters  of  the  town  of  Mascoutah,  to  Meetings. 
hold  a  meeting  or  meetings  at  such  time  as  they  may  think 
proper,  for  the  purpose  of  voting  for  or  against  a  tax  to 
be  levied  on  the  real  estate  adjoining  such  streets,  for  the 
purpose  of  building  a  side-walk  or  walks  thereon. 

§  2.  Notice  of  such  meeting  shall  be  given  at  least  ten 
days  previous,  by  posting  up  written  or  printed  notices  in 
three  public  places  in  said  town  of  Mascoutah;  said  notice 
shall  state  the  time  and  place  at  which  said  meeting  is  to 
be  held,  and  the  purposes  for  which  the  same  is  to  be  held. 

§   3.     The  persons  attending  such  meeting  may  choose  Chairman,  & 
a  chairman  and  secretary   from   their  number;   estimates 


Notice  of  meet- 
ing. 


1863.  606 

may  be  made  for  the  amount  necessar)'  for  the  building  of 
said  proposed  walk  or  walks,  and  the  meeting  shall  deter- 
mine by  vote  the  amount  of  money  or  labor,  if  any,  that 
shall  be  raised  for  building  the  same  ;  the  meeting  shall 
also  determine  the  streets  to  be  first  repaired  or  fixed;  and 
ii  a  majority  of  the  voters  at  said  meeting  shall  vote  for 
said  tax,  the  same  shall  be  levied  ;  and  if  a  majority  shall 
vote  against  such  tax,  the  same  shall  not  be  levied.  Said 
tax  shall  be  levied  on  such  lots  or  parts  of  lots,  or  lots 
contiguous  and  opposite  on  said  street  to  said  walk,  in 
proportion,  to  the  whole  number  of  feet  adjoining,  oppo- 
site or  contiguous  to  the  same. 

(^1  lax.  §   4.     The  amount  levied  on  such  lots   on  said   street 

shall  be  certified  by  the  chairman  and  secretary  of  said 
meeting  to  the  clerk  of  the  county,  who  shall  forthwith 
make  out  a  list  of  the  same,  and  deliver  the  same  to  the 
collector,  who  shall  collect  the  same  as  other  taxes.    ' 

,iu.?e.  §   5.     Said  meeting  may  choose  a  committee  of  three  or 

four  persons  to  build  said  walk;  and  said  committee,  when 
ciiosen,  shall  have  full  power  to  contract  for  the  building 
of  the  same,  and  to  remove  or  cause  the  removal  of  all 
obstructions  which  may  hinder  the  completion  of  the  same. 
Said  side-walks  may  be  of  wood  or  stone  or  bricks,  and 
shall  not  be  less  than  three  nor  more  than  ten  feet  wide. 

,i.  §   6.     A  full  and   true   record   of  all  the  proceedings  of 

such  meetings  shall  be  kept,  and  a  copy  of  the  same  signed 
by  the  chairman  and  secretary  shall  be  filed  with  the  clerk 
of  the  county  court  within  thirty  days  after  such  meeting 
has  been  held;  and  it  shall  be  the  duty  of  said  clerk  to  pre- 
serve the  same  with  the  documents  and  records  in  his 
office.  In  computing  the  taxes  for  said  town  of  Mascoutah 
the  said  walk  tax  shall  be  computed  and  carried  out  sep- 
arately, and  shall  be  collected  in  all  respects  in  the  same 
manner  provided  by  law  for  the  collection  of  other  taxes; 
and  the  collector  shall  be  responsible  upon  his  bond  as 
such  collector  for  such  side-walk  tax,  and  he  shall  pay  the 
said  tax  over  to  said  committee  upon  their  order,  as  the 
money  is  collected. 

a  to  pay  §  7.  Should  any  person  taxed  under  the  provisions  of 
this  act  refuse  or  neglect  to  pay  the  same  within  the  time 
now  given  for  the  collector  to  collect  state  and  county 
taxes,  the  lot  or  block  shall  be  sold  for  said  taxes  in  the 
same  manner  as  for  state  or  county  taxes,  and  become 
forfeited  in  the  same  way  :  Provided  always,  that  the  pro- 
prietors of  said  lots  or  blocks  in  said  town  of  Mascoutah 
shall  have  the  liberty  to  fix  and  keep  in  order  all  such  side- 
walks upon  his  own  lot  or  lots  of  land. 

This  act  to  be  in  force  from  and  after  its  passage. 
Approved  February  10,  1853. 


607  1853. 

AN  ACT  to  fix  the  boundaries  of  Princeton,  in  the  county  of  Bureau.        in  force  Feb.  12. 

1863. 

Section  1.  Be  it  enacted  by  the  people,  of  the  state  of 
Illinois,  represented  in  the  General  »^ssemh/i/,  That  the 
corporate  limits  of  the  town  of  Princeton,  in  the  county  of  ^o™''«f'^^- 
Bureau,  shall  embrace  all  of  section  sixteen,  in  townsiiip 
sixteen  north,  of  range  number  nine,  east  of  the  fourth  prin- 
cipal meridian. 

§   2.     The  town  of  Princeton  shall  have   power  to  lay  pi.,„k  mM, 
out  and  construct  a  plank  road  through  said  town  to  the 
depot  of  the   Central  Military  Tract  Railroad    Company, 
commencing  at  such  point  within  the  limits  of  said  corpo- 
ration as  the  trustees  of  said  town  shall  designate. 

§  3.  The  trustees  of  said  town  are  hereby  authorized 
to  levy  and  collect  a  tax  in  the  same  manner  provided  by 
law  for  the  levying  and  collecting  a  tax  for  state  and  coun- 
ty purposes,  on  all.  the  taxable  property  within  the  limits 
of  said  town,  as  fixed  by  the  firstsection  of  this  act,  to  pay 
for  the  construction  of  said  plank  road. 

§  4.  The  amount  of  tax  authorized  by  the  foregoing 
section  of  this  act  shall  in  no  event  exceed  the  amount  of 
tax  levied  for  the  same  year  for  county  and  state  purposes. 

§   5.     The  power  to  levy  and  collect  a  tax,  as  provided  p<,^e,t^tj,,,j,,„. 
in  this  act,  shall  continue  until  the  expense  of  constructing  pevty. 
said  road  shall  be  fully  paid,  and  no  longer. 
.  §   6.     This  act  shall  be  submitted  to  a  direct  vote  of  the 
inhabitants  of  said  town  qualitied  to  vote,  at  an  election  to 
be  called  by  the  president  and  board  of  trustees  of  said 
town,  afier  thirty  days'  notice,   and  to   become  a  law  if  a 
majority  vote  for  it,  and  not  otherwise. 

Approved  February  12,  1853. 


AN  ACT  to  establish  a  ferry  across  the  Illinois  river.  In  force  F^b.  11 

1853. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois^  represented  in  the  General  Assembly,  That  David 
L.  Hough,  Champlin  R.  Potter  and  A.  J.  West  be  and  they  Ferry. 
are  hereby  authorized  to  establish  and  keep  a  ferry  across 
the  Illinois  river  at  any  point  on  section  twenty-two  or 
twenty-three,  in  township  thirty-three  north,  of  range  one, 
east  of  the  third  principal  meridian,  in  the  county  of  La 
Salle,  during  the  period  of  twenty  years  from  the  passage 
of  this  act. 

\  \'  t\v  ^ft  ^^•;i^^-  ^.Tt'  Champlin  R.  Potter  o..pter  4.,,  no- 
and  A.  J.  West  be  entitled  to  all  the  privileges  and  immu-  vised  statutes. 
nities,  and  subject  to  all  the  restrictions  contained  in  chap- 


1853.  608 

ter  forty-two  of  the  Revised  Statutes  of  this  state  relative 
to  ferries  and  toll-bridges  ;  and  all  assessments  for  license, 
and  all  taxes  charged  to  said  ferry,  shall  be  expended  and 
worked  out  by  said  Hougli,  Potter  and  West  upon  the  land- 
ings and  roads  leading  to  and  from  said  ferry. 

§  3.  Said  Hough,  Potter  and  West  are  hereby  author- 
ized to  charge  the  rates  of  toll  which  are  authorized  by 
law  upon  other  ferries  in  La  Salle  county,  and  also  to  trans- 
port passengers  and  freight,  upon  boats  propelled  by  steam 
or  horse  power,  to  and  from  said  ferry  to  the  cities  of  La 
Salle  and  Peru. 

§  4.     This  act  shall  be  in  force  from  and  after  its  passage. 

Approved  February  11,  1853. 


£ofC3  Feb.  10,  AN  ACT  to  authorize  the  trustees  of  the  North  Presbyterian  Church,  in  thi; 
1853.  city  of  Chicago,  to  convey  certain  propert5\ 

Section  1.  Be  it  enacted  hy  the  peojjle  of  the  state  of 
Illinois,  represented  in  the  General  Jlssembly,  Tliat  the 
\uthoiized  to  present  organization  of  the  North  Presbyterian  Church,  in 
Chicago,  be  and  the  same  is  hereby  legalized,  and  that  S. 
Lisle  Smith,  Samuel  Howe,  Andrew  Blakie,  C.  A.  Spring 
and  H.  D.  Bassett,  the  trustees  of  said  North  Church,  be 
authorized  to  convey  to  Mark  Skinner  lots  eight  and  nine, 
in  Bussing's  subdivision  of  block  seven,  in  Walcott's  addi- 
tion to  the  city  of  Chicago,  in  accordance  with  the  terras 
of  an  agreement  now  subsisting, between  said  church  and 
said  Skinner. 

Approved  February  10,  1853. 


i'ey. 


lu  lorco  Feb.  10,  AN  ACT  to  locate  a  state  road  from  Waverley,  in  Morgan  county,  to  Tay- 
1863.  lorville,  in  Christian  county. 

Section   1.     Be  it  enacted  hy  the  people  of  the  state  of 
Illinois,  represented  in  the  General  Jissemhly,  That  Alex- 
iiLiiaskneis.   ander  Humphreys,  of  the  county  of  Christian, James  Pat- 
ton,  of  the  county  of  Sangamon,  and  Richard  Nelson,  of 
the  county  of  Morgan,  be  and  they  are  hereby  appointed 
commissioners  to  view,  mark  and  locate  a  state  road  from 
the  town  of  Waverley,  in  Morgan  county,  to  the  the  town 
of  Taylorville,  in  Christian  county. 
'I'lmc  and  place      §  2.     The  Said  commissiouers,  or  any  two  of  them,  shall 
of  meeting.      ^^^^  -j^  ^^^^  |.^^j^  ^f  Wavcrlcy  ou  the  first  Monday  in  April 


609  1853. 

next  or  some  day  thereafter,  and  before  entering  upon  the 
duties  assigned  them  by  this  act  shall  take  an  oath  before 
some  justice  of  the  peace  of  the  county  of  Morgan  afore- 
said, faithfully  to  discharge  the  duties  required  of  them  by 
this  act,  and  shall  proceed  to  view,  mark  and  locate  said 
road,  four  rods  wide,  on  the  nearest  and  most  eligible  route. 

§  »3.  Upon  such  location  being  made  the  said  commis- Report, 
sioners,  or  any  two  of  them,  shall  make  a  report  of  the 
same  to  the.countj  courts  of  Morgan,  Sangamon  and  Chris- 
tian counties  aforesaid,  and  said  courts  shall  cause  said 
road,  or  so  much  thereof  as  lies  within  their  respective 
counties,  to  be  opened  and  kept  in  repair,  and  said  road  is 
hereby  declared  to  be  a  state  road. 

§  4.  The  counties  of  Morgan,  Sangamon  and  Christian 
shall  allow  said  commissioners,  their  surveyor  and  assis- 
tants, a  reasonable  compensation  for  their  service,  in  pro- 
portion to  the  extent  of  said  road  in  each  of  said  counties. 

Approved  February  10,  1853. 


AN  ACT  amendatory  of  an  act  entitled  "An  act  to  reduce  the  law  incerpo-  la  foiceFa 
rating  the  city  of  Chicago,  and.the  several  acts  amendatory  thereof,  into  one  ^^^• 

act,  and  to  amend  t^e  same,"  approved  February  14thj  1851. 

Section  1.  Be  if  enacted  by  the  people  of  the  state  of 
Illinois^  represented  in  the  General  Jissembly,  That  the 
corporate  limits  and  jurisdiction  of  the  city  of  Chicago cp^  ate 
shall  be  and  the  same  are  hereby  so  extended  as  to  em- 
brace and  include  within  the  same  the  several  tracts  of  land 
hereafter  described,  which  shall  be  deemed  parts  of  the  di- 
visions of  said  city  named  i:.  connection  therewith,  as  fol- 
lows : 

JYorth  Division. — All  those  parts  of  sections  thirty-oue 
and  thirty-two,  in  township  forty  north,  range  fourteen 
east,  lying  east  of  the  centre  of  the  North  Branch  of  Chi- 
cago river,  and  the  west  half  of  section  thirty-three,  in  same 
township  and  range. 

South  Division. — All  of  fractional  section  twenty-seven, 
in  township  thirty-nine  north,  range  fourteen  east,  and  so 
much  of  the  shore  and  bed  of  the  lake  as  lie  witliin  one  mile 
east  of  the  said  section,  and  all  that  part  of  section  twenty- 
eight,  in  the  same  township  and  range,  lying  south  and 
east  of  the  South  Branch  of  the  Chicago  River. 

West  Division. — And  all  those  parts  of  sections  twenty- 
eight,  twenty-nine  and  thirty,  in  township  thirty-nine  north, 
range  fourteen  east,  lying  north  of  the  South  Branch  of 
the  Chicago  river  and  the  branch  thereof  running  west 
through  said  section  thirty. 
t02] 


1853.  610 

§  2.  The  land  above  described  as  constituting  a  part 
of  the  north  division  of  said  city  shall  form  a  part  of  the 
seventh  ward  ;  the  land  above  described  as  constituting  a 
part  of  the  west  division  shall  form  a  part  of  the  fifth  ward, 
and  the  boundary  lines  of  the  first,  second,  third  and  fourth 
wards  of  said  city  shall  be  respectively  extended  south 
over  the  lands  above  described  as  constituting  a  part  of 
the  south  division. 
ofcityeierK  §  3.  Hereafter  it  shall  be  lawful  for  the  city  clerk  to 
couple  together  as  one  tax  any  two  or  more  of  the  taxes 
levied  by  the  common  council  wiiich  may  be  general  to  the 
whole  city,  or  to  any  division  thereof,  and  include  the  to- 
tal amount  of  taxes  so  coupled  together  as  one  tax  in  all 
warrants,  orders  of  sale  or  other  proceedings  in  relation  to 
the  collection  of  taxes  under  the  act  to  which  this  is  amen- 
datory :  Provided^  that  in  all  cases  where  taxes  may  be 
so  coupled  together  the  clerk  shall  designate  at  the  head 
of  the  proper  column  the  names  and  rates  of  the  several 
taxes  which  may  be  included  together. 

§  4.  This  act  shall  be  deemed  a  public  act,  and  shall 
take  effect  from  and  after  its  passage.  So  much  of  the  act 
approved  February  23d,  1847,  creating  South  Chicago 
school  district,  as  includes  the  lands  herein  described 
within  said  district,  is  hereby  repealed,  and  no  tax  shall 
hereafter  be  valid  upon  the  same  by  virtue  of  said  act. 

Approved  February  12,  1853. 


!ii  force  Feb.  11,  AN  ACT  to  authorize  a  certain  person  therein  named  to  build  a  mill-dam 
1853.  across  Fox  river. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois  ^represented  in  the  General  tJissemhly,  That  William 
Hnjiddftm.  Sloan,  his  heirs  and  assigns,  be  and  hereby  are  authorized 
to  build  a  mill-dam  across  Fox  river  at  the  village  of  Al- 
gonquin, in  the  county  of  McHenry,  and  to  use  and  over- 
flow the  land  deemed  necessary  in  creating  such  dam  and 
water  power;  and  in  case  such  lands  cannot  be  obtained 
and  the  damages  to  lands  overflowed  arranged  by  agree- 
ment between  the  parties  interested  therein,  they  may 
cause  such  lands  and  damages  to  be  appraised  and  assessed 
from  time  to  time  under  the  provisions  of  an  act  entitled 
"An  act  to  amend  the  law  condemning  right  of  way  for 
purposes  of  internal  improvement,"  approved  June  22d, 
1852.  This  act  to  effect  and  be  enforced  from  and  after 
its  passage. 

Approved  February  11,  1853. 


611  188S. 

AN  ACT  to  incorporate  the  Waukegan  Mutual  Insurance  Company.        in  force  Feb.  a. 

1853. 

Section  1.  Be  it  enacted  by  the  people  of  the  state  of 
Illinois,  represented  in  the  General  .Assembly,  That  from 
the  time  this  act  shall  take  effect,  Warren  Smith,  Harlow  corporaton.. 
P.  Smith,  William  C.  Tiffany,  Daniel  O.  Dickinson,  Isaac  R. 
Lyn,  Clark  W.  Upton,  Lorenzo  Hinkston,  Welcome  A.  Ed- 
dy, Reuben  D.  Dodge,  Hurlburt  Swan,  James  McKay  and 
Henry  W.  Blodgett,  and  all  other  persons  who  may  here- 
after associate  with  them  in  the  manner  herein  prescribed^ 
shall  be  a  body  politic  and  corporate,  in  the  name  of  "The 
Waukegan  Mutual  Insurance  Company." 

§  2.  The  corporation  hereby  created  may  become  a  By-iaws. 
party  to  suits  at  law  ;  may  make  by-laws  not  inconsistent 
with  the  any  existing  laws  of  this  state  for  the  regulation 
of  its  affairs,  and  have  and  use  a  common  seal,  and  alter 
the  same  at  pleasure  ;  and  in  addition  to  these  general  pow- 
ers, shall  have  authority  by  instrument,  under  seal  or  oth- 
erwise. 

1st.  To  make  insurance  on  all  descriptions  of  property 
against  loss  or  damage  by  fire. 

2d.  To  make  insurance  on  all  descriptions  of  boats  and 
vessels,  the  cargoes  and  freight  thereof,  and  in  bottomry 
and  respondentia  interest,  against  the  perils  of  marine  or 
inland  navigation. 

3d.  To  cause  themselves  to  be  insured  against  any  risk 
which  they  have  under  insurance. 

§  3.  All  the  corporate  powers  of  said  company  shall  be  corporate pow<r» 
exercised  by  a  board  of  directors,  consisting  of  nine  per- 
sons, all  of  whom  shall  be  citizens  of  the  state,  and  such 
officers,  clerks  and  agents  as  said  board  may  appoint.  The 
directors  shall  hold  their  offices  for  two  years,  and  until 
others  are  elected.  They  shall  elect  from  their  own  body 
a  president  and  vice  president,  who  shall  each  hold  their 
offices  during  the  aforesaid  term  of  two  years,  and  until 
others  are  elected ;  but  nothing  herein  shall  be  construed 
as  to  prevent  a  director  or  other  officer,  whose  term  has 
expired  or  is  about  to  expire,  from  being  again  eligible. 
Five  members  of  said  board  shall  constitute  a  quorum  for 
the  transaction  of  business.  The  persons  named  in  the 
first  section  of  this  act,  or  such  of  them  as  shall  accept  of 
said  office,  shall  constitute  the  first  board  of  directors. 

§  4.  The  board  of  directors  shall  have  power  to  fill  any  vacanoies. 
vacancy  that  may  occur  in  their  own  body — a  plurality  of 
votes  constituting  a  choice.  They  shall  also  choose,  in  the 
same  manner,  previous  to  the  biennial  election  of  directors, 
three  inspectors  of  such  election,  whose  duty  it  shall  be  to 
canvass  the  votes  cast  thereat,  and  declare  the  result. 
The  said  inspectors  shall  also  be  judges  of  the  qualification 
of  voters.     Notice  of  such  election  shall  be  given  by  pub-   \ 


1853. 


612 


Open  book 
ceive 
cations, 


Premliim  notes. 


Stock  policies. 


lication  in  one  or  more  newspapers  pub  Ished  in  Waukegan, 
at  least  two  weeks  previous  thereto,  over  the  signature  of  an 
officer  of  the  company. 

§  5.  Every  person  or  firm  taking  a  policy  of  insu- 
rance from  the  said  company  shall  thereupon  become  a 
member  thereof,  and  shall,  at  all  elections  of  directors  there- 
after, be  entitled  to  vote  upon  his  or  their  dividend  :  cer- 
tificates issued  as  hereinafter  provided,  in  the  ratio  of  one 
vote  for  each  ten  dollars  of  such  certificate:  Provided^  that 
if  any  such  election  shall  be  held  in  accordance  with  the 
provisions  of  this  act  previous  to  the  first  dividend  of  profits, 
each  member  of  said  company  shall  be  entitled  to  vote 
thereat  in  the  ratio  of  one  vote  for  every  five  dollars  of  pre- 
mium previously  paid  to  the  company  :  Jlnd  provided^  that 
no  person  or  firm  shall  be  entitled  to  more  than  fifty  votes, 
except  as  provided  in  section  eight  of  this  act. 

§  6.  It  shall  be  the  duty  of  the  corporators  named  in 
appiica-  ^^  ^j.g|-  section  of  this  act,  or  any  number  of  them  not  less 
than  five,  within  three  years  after  this  act  takes  effect,  to 
open  books  to  receive  applications  of  insurance  to  be  ef- 
fected by  said  company  ;  and  after  the  receipt  of  applica- 
tions to  the  amount  of  ten  thousand  dollars,  the  books  may 
be  closed  and  the  company  organized. 

§  7.  All  premiums  upon  policies  issued  by  said  com- 
pany shall  be  paid  in  cash  when  the  insurance  is  effected, 
(except  as  is  provided  in  section  eight  of  this  act,)  and  the 
premiums  so  paid  shall  thereafter  be  withdrawn,  but  re- 
main liable  for  all  losses  and  expenses  incurred  by  said 
company. 

§  8.  For  the  better  security  of  policy  holders,  the  said 
company  may  receive  notes  of  premiums  in  advance,  ap- 
proved by  the  board  of  directors,  from  persons  intending 
to  receive  its  policies  ;  and  on  such  portions  of  said  notes 
as  shall  exceed  the  amount  of  premiums  that  may  have 
accrued  on  policies  held  by  signers  thereof  at  the  succes- 
sive periods  when  the  company  shall  make  up  its  annual 
statement,  as  hereinafter  provided,  a  compensation  may  be 
allowed  the  signers  thereof  in  consideration  of  such  guar- 
anty, at  a  rate  to  be  determined  by  the  board  of  directors, 
but  not  to  exceed  seven  per  cent,  per  annum.  Such  notes 
shall  be  entitled  to  representation  at  elections  of  directors 
in  the  same  ratio  as  dividend  certificates,  and  shall  be  lia- 
ble for  losses  whenever  the  cash  premiums  theretofore  re- 
ceived are  insufficient  to  pay  the  same  :  Provided,  that 
assessments  so  made  on  such  notes  shall  be  reimbursed 
from  the  funds  of  the  company  before  any  dividend  of 
profits  shall  be  made. 

§  9.  It  shall  be  lawful  for  said  company  to  issue  stock 
policies,  so  called,  to  persons  not  desiring  to  participate  in 
the  profits  or  losses  of  the  company  ;  and  all  gains  or  losses 


613  1863. 

on  such  policies  shall  be  passed  to  the  account  of  profit  or 
loss  on  the  books  of  said  company. 

§  10.  It  shall  be  lawful  for  said  company  to  invest  their  imest  luku. 
funds  in  bonds  and  mortgages  on  unincumbered  real  estate 
worth  fifty  per  cent,  more  than  the  sum  loaned  thereon,  and 
in  any  stocks  created  by  or  under  the  authority  of  the  Uni- 
ted States  or  of  this  state,  and  on  bottomry  or  respondentia 
bonds  or  otherwise,  at  the  discretion  of  the  board  of  direc- 
tors, and  to  change  and  reinvest  the  same. 

§  11.  By  the  first  day  of  February,  1853,  and  annually  statement  ui  af- 
thereafter,  the  officers  of  this  company  shall  cause  a  true  -'*'''*■ 
statement  of  its  affairs  to  be  made.  They  shall  estimate 
the  profits,  if  any,  that  have  accrued  on  the  policies  during 
the  current  year  ending  the  31st  day  of  December  last  pre- 
ceding, and  issue  certificates  thereof  to  the  holders  of  such 
policies  in  proportion  to  the  amount  of  premium  paid  by 
each.  Such  certificates  shall  bear  an  annual  interest  of 
six  per  cent.,  and  shall  be  redeemed  whenever  the  accu- 
mulated profits  shall  exceed  fifty  thousand  dollars,  so  far 
and  as  fast  as  the  same  can  be  redeemed  by  such  excess; 
certificates  for  the  first  year's  profits  taking  priority,  and 
so  on,  thereafter,  in  regular  succession.  Nevertheless, 
each  such  certificate  shall  contain  a  proviso,  that  the  sum 
therein  named  is  liable  for  future  loss  at  any  time  previous 
to  its  redemption,  as  provided  in  the  seventh  section  of  this 
act. 

§   12.     The  anliual  statements,  as  aforesaid,  shall  be  fullPuM^ou 
and  complete,  and  shall  be  published  in  one  or  more  news- 
papers in  said  town  of  Waukegan,  for  two  weeks  after  the 
same  shall  have  been  made,  and  on  slips,  copies  of  which 
shall  be  delivered  to  the  members  on  request. 
,^  §    13.     Suits  at  law  or  in  equity  may  be  prosecuted  andsuus. 
maintained  by  any  member  against  said   corporation  for 
losses  and  damages  insured  against  by  them  if  payment  is 
withheld  more  than  sixty  days  after  the  same  shall  have 
been  duly  proven  up;  and  any  member  of  the  company,  not 
being,  in  his  individual  capacity,  a  party  therein,  shall  be 
deemed  a  competent  witness  in  any  suit  against  the  com- 
pany.     All  process   against  the  company  may  be  served 
upon  the  president  or  secretary. 

§  14.  'The  office  of  said  company  shall  be  located  at  office. 
Waukegan,  in  the  county  of  Lake,  but  nothing  herein  shall 
be  so  construed  to  prevent  said  company  from  appointing 
agents  to  take  risks  and  issue  policies  at  any  other  place  in 
this  state,  or  any  other  slate  in  which  said  company  deem 
it  for  its  interest  to  establish  such  agency. 

§   15.     This  act  shall  take  effect  and  be  in  force  from  and 
after  the  first  day  of  March  next  after  the  passage  hereof,  and 


1853. 


614 


continue  in  force  for  the  period  of  fifty  years  from  said 
time.     This  act  shall  not  be  so  construed  as  to  confer  up- 
on said  company  any  banking  privileges. 
Approved  February  3,  1853. 


'"  ''^185^^'''  ^°'  -^^  ^^^  *°  authorize  the  drainage  of  lands,  and  the  constructiou  of  dykes, 
embankments  and  roads  in  township  1  and  2  north,  of  range  9  and  10, 
west  of  the  third  principal  meridian,  in  St.  Clair  county. 

Section  1 .  Be  it  enacted  hy  the  people  of  the  state  of  Illi- 
nois, represented  in  the    General  Jissemhly^    That    Vital 

corporatora.  Jarrot,  Henry  Ames,  William  Waddingham,  Joseph  Palmer, 
Edwin  S.  Condit,  Lambert  Boneau,  and  their  associates 
and  their  successors,  be  and  are  hereby  created  a  body 
politic  and  corporate,  by  the  name  of  "The  American 
Bottom  Board  of  Improvement,"  with  power  to  contract 
and  be  contracted  with,  sue  and  be  sued,  to  own  real 
estate,  either  by  gift  or  purchase,  and  to  sell  and  convey 
the  same.  Said  company  shall  have  a  common  seal,  which 
they  may  alter  and  renew  at  pleasure.  Said  company  shall 
have  power  to  make  by-laws,  rules  and  regulations,  not 
inconsistent  with  the  laws  of  the  land,  which  shall  be  bind- 
/  ing  upon  said   company,  and  all  persons    having   business 

with  or  interest  in  the  business  of  said  company. 

Open  boobs.  §  2.     The  Said  Vital  Jarrot,  Henry  Amcs,  William  Wad- 

dingham, Joseph  Palmer,  Edwin  S.  Condit,  Lambert  Bo- 
neau, or  a  majority  of  them,  shall  meet  on  or  before  the 
first  day  of  May  next,  at  some  place  within  said  district 
to  be  embanked  and  drained,  and  shall  proceed  to  open 
books  of  subscription  to  the  capital  stock  of  said  company, 
and  whenever  the  sum  of  fifty  thousand  dollars  shall  have 
been  subscribed,  and  ten  per  cent,  paid  in  upon  said  stock, 
the  said  stockholders  shall,  after  ten  days'  notice  in  a  paper 
printed  in  the  county  of  St.  Clair,  and  in  the  city  of  St. 
Louis,  meet  and  elect  directors  for  the  management  of  the 
affairs  of  said  company  :  Provided,  that  said  directors  so 
to  be  elected  shall  not  be  more  than  seven,  and  from  which 
number  they  shall  elect  a  president  and  treasurer,  who 
shall  be  the  acting  officers  of  said  company.  After  the 
election  of  said  directors,  the  corporators  shall  hand  over 
to  them  all  books  and  papers,  money  and  property  belong- 
ing to  said  company.  And  all  future  elections  of  said  di- 
rectors shall  be  at  such  time  as  may  be  provided  for  in 
said  by-laws  :  Provided,  that  at  all  elections  in  said  com- 
pany every  share  shall  be  entitled  to  one  vote,  and  said 
share  may  be  represented  by  proxy. 


615  1853. 

§  3.  Said  company  is  hereby  authorized  and  empow-  Powers. 
ered  to  survey,  locate,  construct  and  complete  dykes, 
ditches,  embankments,  culverts,  roads,  bridges,  guard 
locks  and  dams,  to  change,  clean  out  obstructions  in  or 
widen  the  channel  of  any  creek,  and  to  keep  the  same  in 
repair,  over,  through  or  across  any  lands  lying  witiiin  said 
townships  1  and  2  north,  range  9  and  10  west,  in  Saint 
Clair  county,  and  shall  have  power  to  locate  and  construct 
their  works  over,  under  and  across  any  public  road,  rail- 
road or  plank  road  which  now  is  or  may  hereafter  be  laid 
out  and  constructed  in  said  territory;  and  for  such  purpose 
shall  have  the  right  of  way  upon,  and  may  appropriate  to 
the  uses  and  purposes  contemplated  therein,  all  the  lands, 
stone,  timber  and  materials  of  every  kind,  necessary  for 
the  location,  construction  and  alteration  of  said  dykes, 
ditches,  embankments,  culverts,  bridges,  locks  and  roads, 
and  for  the  maintenance  and  repairs  of  the  same. 

§  4.  Said  company  shall  have  power  to  condemn  lands  Right  of  way. 
and  materials  for  the  purpose  of  the  construction  of  said 
works,  and  for  the  purpose  of  keeping  the  same  in  repair 
in  the  mode  and  manner  now  provided  by  law  for  obtain- 
ing the  right  of  way,  approved  March  3,  1845:  Provided, 
that  any  appeal  from  such  condemnation  shall  not  hinder 
the  use  and  occupancy  of  tlie  said  land  so  condemned, 
upon  the  said  corporation  giving  security,  to  be  approved 
by  the  clerk  of  the  court  to  which  said  appeal  is  taken, 
to  abide  by  and  pay  such  damages  as  may  be  assessed 
against  said  company. 

§  5.  Said  company  may  fix  the  amount  of  their  capital  Capital  sijck. 
stock  at  the  sum  of  two  hundred  thousand  dollars,  and  the 
same  may  be  divided  into  shares  of  fifty  dollars  each,  and 
said  shares  shall  be  deemed  personal  property,  and  trans- 
ferable in  such  mode  and  manner  as  said  company  by  their 
i)y-laws  may  provide. 

§  6.  The  said  corporation  sliall  have  pov/er  to  borrow  Borrow  money- 
money  and  issue  bonds  convertible  into  stock,  at  the  op- 
tion of  the  holders  thereof,  and  as  security  therefor  to  ex- 
■ecute  a  mortgage  upon  their  works  and  franchises  \  Pro- 
vided, said  bonds  shall  not  bear  more  than  eight  per  cent, 
interest,  and  shall  contain  a  clause  making  them  redeem- 
able after  five  years  from  the  date  thereof.  And  if  any  of 
said  bonds  shall  be  sold  for  less  than  par,  the  same  shall  be 
as  valid  and  binding  upon  said  corporation  as  if  tliey  had 
been  sold  at  their  par  value. 

§  7.  That  for  the  purpose  of  meeting  any  interest xm. 
upon  the  capital  invested  in  the  construction  of  th-e  em- 
bankments and  drainage  of  the  lands,  and  all  interest  ac- 
«ruin  ,  upon  the  bonds  issued  by  the  company,  tlier«  shall 
be  annually  levied  and  collected,  in  the  mode  hereinafter 
jprovided,  a  tax  upon  said  lands,  so  embraced  within  saia 


1853.  616 

embankments,  and  all  others  in  St.  Clair  county  directly 
benefitted  by  said  drainage  ;  which  said  tax  shall  not  be 
greater  than  will  meet  an  amount  sufficient  to  pay  eight 
per  cent,  upon  the  capital  so  invested  and  bonds  issued. 
The  expenses  of  management  and  the  annual  necessary 
repairs  to  the  works,  when  completed,  after  the  applica- 
tion of  any  profits  arising  from  said  works,  if  any  such 
there  be,  and  the  proceeds  of  said  taxation,  shall  be  ap- 
plied to  no  other  purpose,  and  any  balance  remaining  over 
from  any  one  year  shall  be  carried  forward  as  a  credit  to 
the  next. 
K.iutan.id--  §  8.  Said  company  shall  make  out  and  deliver  to  the 
xeitocoiicct.,rgQ|}gg|-Qj.  gf  gt.  Clair  county  annually,  a  list  of  all  persons 
and  property  within  said  embankments  and  benefitted  by 
said  drainage,  together  with  a  statement  made  under  oath 
of  the  treasurer  of  said  company,  of  all  moneys  expended 
or  borrowed  for  the  construction  and  repair  of  said  works  ; 
and  also,  the  necessary  annual  expenses  of  the  manage- 
ment of  the  same;  and  it  shall  be  the  duty  of  the  state  and 
county  collector  to  place  upon  the  state  and  county  assess- 
ment, and  in  addition  tliereto,  such  sum  per  cent,  as  will 
pay  the  expenses  and  interest  hereinbefore  reserved,  the 
same  being  assessed  upon  the  lands  in  proportion  to  their 
last  assessment  of  taxable  property  within  the  county  of 
St.  Clair,  and  which  said  taxation  shall  be  collected  at  the 
same  times  and  places  as  said  state  and  county  taxes  are 
collected,  and  in  the  event  of  non-payment,  the  same  rights 
and  privileges,  liens  and  remedies  that  are  now  in  force  or 
shall  be  made  obligatory  by  law  for  the  collection  of  state 
and  county  taxes,  shall  be  applicable  to  the  collection  of 
said  special  tax,  and  the  same  judgment  shall  be  obtained, 
and  tlie  same  privileges  and  obligations  shall  be  imposed 
upon  purchasers  and  owners  as  by  law  are  applicable  to 
lands  sold  for  the  non-payment  of  taxes,  and  all  deeds  ex- 
ecuted by  the  sheriff'  on  a  sale  of  such  lands  for  taxes, 
under  the  provisions  of  this  law,  shall  be  received  in  all 
courts  of  justice  and  elsewhere  as  evidence  of  the  same 
facts  now  evidenced  by  the  sheriif 's  deeds  under  the  rev- 
enue laws  of  this  state. 
ajuea.  §  9-     Whenever   a  majority  of  the  landholders  within 

the  boundaries  of  said  embankments  shall  determine  by  a 
vote  of  the  same  to  payoff"  said  lien,  or  any  part  thereof, 
upon  the  lands,  and  shall  so  decide,  then  it  shall  be  the 
duty  of  the  directors  of  said  company  to  place  on  the  list 
for  taxation  such  per  cent,  as  may  be  voted  to  be  col- 
lected by  the  state  and  county  collector,  in  addition  to 
such  sum  as  is  before  reserved. 

§  10.  Upon  repayment  by  taxation,  as  hereinbefore 
provided,  of  the  principal  so  invested,  and  all  interest  t  lat 
may  be  due  for  the  drainage   and  embankments   of  lands. 


617  1863. 

the  said  works,  and  all  the  property  of  said  corporation, 
shall  become  the  property  of  the  owners  of  lands  so  taxed 
for  the  purchase,  subject  to  all  existing  contracts  and  lia- 
bilities, and  shall  thereupon  be  managed  and  controled  by 
the  county  court  of  St.  Clair  county,  who  shall  thence- 
forth, by  the  revenues  thereof,  and  such  additional  taxation 
upon  the  lands  benefitted  and  improved  as  may  be  neces- 
sary for  the  purpose,  keep  the  same  in  good  repair  and 
preservation. 

§  11.  The  collector  of  St.  Clair  county  shall  make  connector  execuu 
and  execute  to  said  company  a  good  and  sufficient  bond 
for  the  faithful  collection  and  payment  over  of  said  tax 
over  to  said  company,  and  it  shall  be  his  duty  to  pay  over 
to  said  company  the  taxes  so  collected  from  time  to  time^ 
as  the  same  may  come  into  his  hands,  and  he  shall  be 
allowed  the  same  compensation  as  he  is  now  allowed  for 
the  collection  of  state  and  county  tax. 

§   12.     Said    commissioners  shall  have  full  power  and  oifar  out  Prairw 

I  1  1  iii'pijii,         DuPontcreefe. 

authority  to  clear  out  and  remove  all  drifts,  dams  and  other 
obstructions  in  the  channel  of  Prairie  Du  Pont  creek, 
from  the  point  where  it  enters  the  bottom  lands  to  its  mouth, 
and  to  straighten  the  same  and  enlarge  its  channel  so  as  to 
vent  the  water  which  may  be  turned  into  it  by  draining  the 
lands  herein  referred  to,  and  shall  have  full  power  and 
authority  to  clear  out  like  obstructions  and  remove  the 
same  from  the  Cahokia  creek,  in  townships  two  and  three 
north,  of  ranges  nine  and  ten  west,  and  to  enlarge  and 
change  its  channel  in  such  manner  as  may  by  them  be 
deemed  necessary  to  carry  out  the  objects  and  intents  of 
this  act  :  Provided^  that  when  any  ditches  or  dykes  shall 
be  constructed  across  a  public  road,  the  same  shall  be  con- 
veniently bridged  so  as  not  to  interrupt  or  interfere  with 
the  travel  upon  said  road. 

§  13.  Whenever  a  majority  of  the  resident  owners  of  land 
in  any  township  in  Madison,  Randolph  or  Monroe  counties 
in  this  state  shall  wish  to  avail  themselves  of  the  privileges 
and  powers  in  this  act  contained,  they  may  present  a  peti- 
tion to  the  county  court  of  their  respective  counties,  ask- 
ing to  be  incorporated,  and  praying  the  court  to  appoint 
not  less  than  five  persons  as  drainage  commissioners  in 
such  district;  and  such  courts  if  satisfied  that  a  majority  of 
the  resident  land-holders  as  aforesaid,  within  the  district 
desiring  to  avail  themselves  of  this  act,  have  petitioned  for 
the  same,  the  said  court  shall  appoint  the  five  commissioners 
recommended  in  said  petition,  who  shall  thereafter  have, 
use  and  exercise  all  the  powers,  rights  and  privileges  con- 
ferred by  this  act,  so  far  as  the  same  may  be  applicable  to 
their  localities. 


1853.  618 

§  14.  This  act  to  be  in  force  from  and  after  its  passage, 
to  be  held  and  taken  as  a  public  act,  and  to  be  liberally 
construed  to  carry  out  the  purposes  and  intents  of  the 
same. 

Approved  February  10,  1853. 


JOINT  RESOLUTION 


JOINT  RESOLUTION  granting  J.  M.  Peck  duplicate  copies  of   certain  ^^  fo^^^j^-^aii.  ?l 
documents  destroyed  by  fire. 

Whereas  J.  M.  Peck,  of  the  county  of  St.  Clair,  has  set  Preamble, 
forth,  by  petition,  that  he  is  engaged  in  writing  books 
pertaining  to  the  state  of  Illinois,  and  to  aid  him  in  this 
work,  the  general  assembly,  at  the  session  of  1833,  by 
joint  resolution  of  the  senate  and  house  of  representa- 
tives, granted  him  a  copy  of  each  of  the  laws,  journals, 
reports  and  other  documents  published  by  the  state, 
which  he  had  received  regularly  until  1843,  a  portion  of 
which  was  destroyed  by  fire  on  the  18th  day  of  Novem- 
ber, 1852 ;  therefore — 

Resolved  by  the  House  of  Bepresentatives^  the  Senate  con- 
curring herein,  That  the  secretary  of  state  be  authorized  Duplicate  copy. 
to  furnish  said  J.  M.  Peck,  in  addition  to  one  copy  of  each 
of  the  laws,  journals,  reports  and  other  documents  to  which 
he  is  entitled  by  the  resolution,  a  duplicate  copy  of  each 
private  document  he  has  lost  by  fire,  where  surplus  copies 
exist,  and  which  may  not  be  wanted  for  the  use  of  the  state. 
Approved  January  31,  1853. 


DEPARTMENT  OF  STATE,         ) 
Springfield,  niinois.      ) 
I,  Alexamder  Stahnk,  Secretary  of  State,  of  the  state  of  Illinois,  hereby  certify  the 
foregoing  to  be  true  and  perfect  copies  of  the  enrolled  laws  deposited  in  this  office;  the 
printed  words  in  brackets,  thus  [     ],  in  the  several  laws  in  which  they  occur,  not  being  in 
the  enrolled  laws,  but  are  introduced  in  the  printed  laws  for  the  pfurpose  of  correcting  and 
explaining  the  same. 
In  testimony  whereof  I  have  hereunto  subscribed  my  name,  at  Springfield,  this  10th  day 

of  September,  1853. 

ALEXANDER  STARNE, 

Secrttary  of  StaU. 


INDEX 


A. 

Academy,  Sullivan,  incorporated,         -  459 
Peoria  Female,         -  -  506 

Gfepn  Bush  Union,  -  519 

Agricultural  Society,  Calhoun  County,  414 
McLean  County,      -  '-  422 

Sangamon  County,  -  -  423 

Alexander     county,   county    court    to 

erect  jail,  -  -  463 

Allen,  W.  H.,  and  others,  authorized  to 

keep  ferry,  -  -  478 

Alton,  charter  of  ciiy  of,  amended,       -  571 
Alton    Hibernian  Benevolent    Society, 

incorporated,         -  -  518 

Alton  and  Woodburn  Plank  Road,      -  322 
Allenton,  town  of  vacated,  -  -503 

American  Bottom  Plank  Road,  for  the 

relief  of,  -  -  159 

American    Bottom  Board  of  Improve- 
ment, -  -  614 
Appropriation,    to     libraries     supreme 

court,  -  -  448 

to  Noab  Johnson,   -  -  448 

to  A.  Lincoln,         -  -  44S 

to  R.  E.  Goodeil,     -  -  448 

to  Osman,  W.  &  M.,  -  522 

toScripps&  Bross,  -  523 

Aurora,  town  of,  incorporated,  -  355 

Branch  Railroad,  charter  amend- 
ed,     -  -  -  465 
town  of,    inhabitants   taxed   for 
school  purposes,  -  -  481 


B. 


Batavia  Institute,  incorporated,  -  548 

Babcock,  Chas.  H.,  pre-emption   right 

to,      -  -  -  582 

Beardstown  and   Petersburgh  Railroad. 

See  Incorporations,  -     31 

Belleville,   Eastern  Extension  Railroad 

Company,  -  -  108 

amd  Murphysboro  Railroad  Com- 
pany, -  -  115 
Water  Company,  incorporated,  -  206 
and  Richmond  Plank  Road  Com- 
pany,                    -                    -  288 
additional  powers  granted  fo,    -  566 
Bishop  Hill  Colony,          -                   -  328 


Big  Vermilion  River,  bridge  across,      -  601 
Blodgett,  Henry  W.,  to  pay,  for  servi- 
ces,   -  -  -  441 
Blair,  Thomas  P.,  name  changed,         -  480 
Bloomington,  and  Pekin  Railroad  Com- 
pany,                    -  -    58 
and    Wabash     Valley     Railroad 
Company,  incorporated,          -  170 
"        charter  amended,        -  175 
City  Hotel  Company,  -437 
alley  in,  vacated,      -  -  502 
Boone  County  Mutual  Insurance  Com- 
pany,                    -                    -  373 
Brooks,  John  W.,  relief  of,  -  461 
Brink,  John,  relief  of,         •                     -493 
Breckenridge,  R.  P.,  relief  of,  -  513 
Browse,  George,  will  of,     -                    -  578 
Burns,  Mary  Ann,  change  name,  -   479 
Burlington  Bridge  Company,                 -  553 


c. 


Carlinville  Cemetery  Association,  -  455 
Carlinville,  town  of,  incorporated,  -  135 
Carlyle,  town  ot,  incorporated,  -  275 

Calhoun  County  Agricultural  Company,  414 
Cairo  Cemetery,  incorporated,  -  544 

Canal,  Fevre  River  and  Portage,  -  41xi 

Scott  County,  -  -  495 

Canton,  charter  amt'nded,  -  -  574 

Centreville     and     lilinoistown     Plank 

Road,  -  -  567 

Centreville,  town  of,  name  changed,    -  479 
Central  Lodge,  Free  and  Accepted  Ma- 
sons, ...  521 
Central  Military   Tract    Railroad,  act 

supplemental  to,  -  -  538 

Cemetery,  Morris,  -  -  451 

Howard,  -  -  403 

Carlinville,  -  -  455 

UnioLi,  -  -  -  475 

Cairo,    -  -  .  544 

Green  Mound,  -  -  545 

Lockport,  -  -  548 

Oak  Woods,  -  -  550 

Chicago,  and  Calumet  Plank  Road.  See 

incorporations,      -  -      9 

and  Milwaukee  Railroad  Compa- 
ny, charter  amended,  -    f] 


[ii] 


INDEX. 


101 


340 


574 


Chicago,  Sterling  and  Mississippi  Rail- 
road Company,  incorporated,  - 
St.  Charles  anil    Mississippi  Air 
Line  Railroad.    See  St.  Charles 
Branch  Railroad  Company,    -  128 
Philharmonic  Society, 
Southwestern  Plank  Road    Com 

pany,  amendment, 
wharfing  privileges, 
and  Mississippi  Railroad  Compa 

ny,  capital  increased, 
city  charter,  amended,  -  60S 

Charleston    Lodge,  Free  and  Accepted 

Masons,  -  -  515 

Cities,  Warsaw,  incorporated,  -  141 

Knoxville,  incorporated,  -  222 

Waukegan,  incorporated,  -  262 

Ottawa,  incorporated,  -  396 

Hutsonville,  ii.corporated,  -  330 

City  Mutual  Insurance  Company,  -  362 

Clarks'  Exchange  Banks,  consolidated,  539 

College,  Knoxville,  incorporated,  -  553 

Compher,  Wm.,  tor  the  relief  of,  -  440 

Cook  County,  relief  01  treasurer,  -  439 

Cunningham,  John  M.,  for  relief  of,     -  494 

D. 

Decatur,  and  Danville  Railroad  Compa- 
ny, incorporated,  -     93 
and'  Indianapolis  Railroad  Com 

pany.     See  Incorporations.     -  127 

and    Pekin    Railroad    Company. 

See  Incorporations,  -  I34 

Dixon,  town  of,  incorporated,  -  253 

Dickerson,H.   C,  relief  of,  -  494 

Dutcher,  E.  W.,  relief  of  the  securities 

of,      -  -  -  492 


E. 


Eastwood,  Reuben,  restored  to  citizen- 
ship, -  -  -  489 
Edwardsville,  town  of,  incorporated,  -  257 
Ellis,  Richard,  released  from  judgment,  488 
Effingham  Steam  Mill  Company,  incor- 
porated, -  -  514 
Elizabethtown  and  Benton  Plank  Road 

Company,  -  -  292 

Elmore,  John,  relief  of  securities  of,    -  439 
Essex,  town  of,  created,     -  -  160 

Evangelical  Lutheran    Synod    of   Illi- 
nois, -  -  -  424 
Evangelical  Lutheran  Institute,  charter 

amended,  -  -  425 


Ferry,  across  Ohio  river,  - 

Wiggins,  incorporated, 
across  Mississippi  river, 


589 
193 

•  »523 

•  528 


PAGE. 

Ferry,  across  Illinois  river,  535,  607 

same  -  538 

across  Kaskaskia  river,  -  540 

across  Mississippi  river,  581,588, 


across  Mississippi  river,  in  Hen 

derson  county, 
Fevre  River  and    Portage   Canal   Com 

pany, 
Fisher,  S.  K.,  to  build  dam, 
Fowler,  Wm.    L.,  authorized  to  collect 

back  tax, 
Fort    Wayne     and    Chicago    Railroad 

Company, 
Fox  River,  dam  across, 
Franklin  and  Perry  County  Plank  Road 

Company, 

G. 

Galena,  and     Mississippi    Intersection 
Railroad  Company, 
and   Chicago    Railroad,   charter 

amended, 
and  Mineral  Point   Railroad,  in- 

'coiporrtted, 
and    Southern     Wisconsin  Rail- 
road Company,  charter  amen^ 
ded, 

and    Southern    Wisconsin    Rail- 
road company,  incorporated,  - 
Theological  Seminary, 
city  charter,  amended, 
Genneseo  Manual  Labor  High   School, 

name  changed,,    - 
Great  Western  Railroad  Company.   See 
Sangamon    and   Morgan  Rail- 
ro.id  Company,    - 
Great  Western    Mail   Route,    location 

changed, 
Grafton,  town  of,  incorporated, 
Grundy  and  Kendall  Plank  Road  Com- 
pany, 
Grand  Royal  Arch  Chapter, 
Gray,  James,  authorized  to  establish,    - 
Green  Bush  Union  Academy,    incorpo- 
rated. 
Green  Mound    Cemetery,  incorporated, 


596 


412 
583 


-  450 


105 
610 


317 


42 
92 
166 

-  175 


274 

474 


130 

537 
239 

343 

402 
485 

519 
545 


H. 

Hancock  county,  authorized  to  vote  on 

township  organization,  -  486 

Hartford,  town  of,  vacated,  -  487 

Hancock    Railroad    and    Bridge    Com- 
pany, -  -  427 
county,  relief  of  treasurer  of,      -  439 
Harrison  Draw  Bridge  Company,    v    -  428 
Hanchett,  J.  H.,  and  associates,  to  build 

bridge,  -  -  563 

Havana,  town  of,  incorporated,  -  586 

Hamilton,    Will  county,  more   effectu- 
ally to  incorporate,  -  698 


INDEX. 


[iii  ] 


Henry,  Caledonia,   Ma^jnolia   and  Cen- 

Plai.k  Road,        -                    -  185 

Hennepin,  street  vacated  in,                    -  501 
Holland,  John  A., and  others,  form  coi- 

poration,                -                     -  c24 

Howard  Cemetery  Association,             -  453 

Horram,  Daniel,  establish  lerry,            -  534 

Hutsoriville,  incorporated,-                     -  330 

Humphreys,  Alexander,      -                    -  608 


Illinois,  and  Wisconsin  Railroad,         -  287 
St.  Andrew  Society,  -  290 

Wesleyan  University,  -  324 

Liberal  Insiitute,  incorpoiated,-  477 
River    Bridge    Company,  at  Ot- 
tawa, -  -  525 
River    Bridge  Company,    at   La 

Sallej  -  -  588 

College,  charter  amended,  -  575 

Industrial   League   of  Illinois,  incorpo- 
rated, -  -  514 
Insurance  Company,  Northwestern,     -  583 
Waukegan  Mutual,  -  611 
City  iMutual,             -  -  362 
Woodstock,               -                    -  366 
Westtrn  Marine  and  Fire,           -  370 
Boone  County  Mutual,  -  373 
Stephenson  County  Mutual  Fire,  376 
Miners',                    -                    -  384 
Quincy  Savings,        -                     -  389 
Mutual  Security,      -  -  393 
Incorporations,  Petersburg  and  Spring- 
field Railroad  Company,          -      3 
Chicago    and      Calumet     P. auk 

Road  Company,     -  -       9 

Sprinsfield    and  Pekin    Railroad 

Company,  -  -     12 

Southern  Illinois    Railroad  Com- 
pany, -  -     15 
Macomb,  Vernon  and  Bath   Rail- 
road Company,     -                    -     20 
Jackson  County    Coal   and  Rail- 
road Company,     -  -     26 
Beardstown  and  Petersburg   Rail- 
road Company,      -                     -     31 
Jacksonville    and    Rock    Island 

Railroad  Company,  -     34 

State  Line  and  Mississippi  Rail- 
road Company,     -  -    39 
Galena  and  Mis-issippi  Intersec- 
tion Railroad  Company,           -     42 
Mendon    Branch   Railroad  Com- 
pany,                      -  -     44 
Peoria  and    Bureau  Valley  Rail- 
road Company,    -                   -     48 
Jacksonville  and  La  Salle  Rail- 
road Company,    -                    -    53 
Bloomington  and  Pekin  Railroad 

Company,  -  -    58 

Terre  Haute  and  York  Junction 
tion  Railroad,        -  -    C3 


Incorporations,  Rockton    and  treeport 
Railroad  Company, 
Mississippi  and  Wabash  Railroad 


Comp-ciny,  -  -     73 

Springfield  and  Carlyle  Railroad 
CompanJ',  -  -     79 

Rockton,  State  Line  and  Missis- 
sippi Railroad,      -  -     86 

Chicago  andMilwaukie  Railroad 
Company,  -  -     90 

Decatur  and  Danville  Railroad 
Company,  -  -     93 

Pekin,  Canton  and  Macomb  Rail- 
road Company,  -     94 

Western  Air  Line  Railroad  Com- 
pany, -  -     95 

Chicago,  Sterling  and  Mississippi 
Railroad  Company,  -  101 

Fort  Wayne  and  Chicago  Rail- 
road Company,     -  -  105 

Belleville  Eastern  Extension 
Railroad  Company,  -  108 

Belleville  and  Murphysboro  Rail- 
road Company,    -  -  115 

Madison  and  Clinton  Railroad 
Company,  -  -  122 

Decatur  and  Indianapolis  Railroad 
Company,  -  -  127 

Waverley  and  Auburn  Railroad 
Company,  -  -  128 

St.  Charles  Branch  Railroad 
Company,  -  -  128 

Sangamon  and  Morgan  Railroad 
Company,  -  -  130 

Terre  Haute  and  Alton  Railroad 
Company,  -  -  133 

Decatur  and  Pekin  Railroad 
Company,  -  -  134 

Carlinville,  town  of,  -135 

Warsaw,  city  of,       -  -  141 

Warsaw  and  Port  Byron  Rail- 
road, -  -  156 

Essex,  town  of,  created,  -  160 

Randolph  Plank  Road,  -  161 

Waukegan  and  Antioch  Plank 
Road,  -  -  163 

Galena  and  Mineral  Point  Plank 
Road,  -  -  166 

Bloomington  and  Wabash  Valley 
railroad,  -  -  170 

Pekin  Plank  Road  Company,      -   179 

Springfield  and  Richland  Plank 
Road  Company,  -  181 

Henry,  Caledonia,  Magnolia  and 
Central  Plank  Road  Company,    18§ 

Galena  and  Southern  Wisconsin 
Railroad  Company,  -  189 

Wiggins  Ferry  Company,  -  193 

Paris,  town  of,  -  -  199 

Belleville  Water  Company,        -  206 

Marshall,  town  of,  -  212 

Lockport,  village  of,  -  216 

Knoxville,  city  of,    -  -  222 


[  iv] 


INDEX. 


Incorporations,  town  of  St.  Charles,     -  232 
Grafton,  town  of,      -  -  -'39 

Murphysboro  and  Grand   Tower 

Plank  Road  Company,  -  243 

Seneca  Plank  Road  Company,  -  244 
Woodford    County    Plank    Road 

Company,  -  -  249 

town  of  Dixon,        -  -  "-'53 

Edwardsville,  town  of,  -  257 

Waukegan,  city  of,  -  262 

Carlyle,  town  of,      -  -  272 

Galena  Theological  Seminary,  -  274 
Morris,  town  ot,       -  -277 

Springfield,    Athens  and  Havana 

Plank  Road,  -  -  284 

Rock  Island    and    Moline  Plank 

Road,  -  -  286 

Belleville  and    Richmond    Plank 

Road  Company,     -  -  288 

Illinois  St.  Andrew  Society,  -  290 
Elizabettitown  and  Benton  Plank 

Road  Company,    -  -  292 

Springfield  and  Taylurville  Plank 

Road  Company,    -  -  294 

Ottawa,  city  of,        -  -  296 

Franklin  and  Perry  County  Plank 

Road  Company,    -  -  317 

Pekin  and  Fairview  Plank  Road 

Company,  -  -  319 

Alton  and  Woodburn  Plank  Road,  322 
Illinois  Wesleyaii  University,  -  324 
Bishop  Hill  Colony,  -  338 

Railroad  -Bridge  Company,  -  329 

Hutsonville,  city  of,  -  330 

Chicago  Philharmonic  Society,  340 
Grundy  and  Kendall  Plank  Road 

Company,  -  -  343 

Wilmington  Bridge  Company,  -  347 
Nashville,  town  of,  -  351 

Aurora,  town  of,      -  -  355 

City  Mutual  Insurance  Company,  662 
Wood.stock  Fire  Insurance  Com- 
pany,   -  .  -  366 
Western  Marine  and  Fire  Insu- 
rance Company,    -  -  HlO 
Boone  County   MutualFire  Insu- 
rance Company,    -  -  373 
Stephenson  County   Mutual  Fire 

Insurance  Company,  -  376 

Miners'  Mutual   Fire   Insurance 

Company,  -  -  384 

Quincy   Savings    and    Insurance 

Company,  -  -  389 

Mutual  Security  Insurance  Com- 
pany, -  -  39.i 
Kankakee  Bridge  Company,  -  399 
Grand  Royal  Arch  Chapter,  -  402 
Rutland  Bridge  Company,  -  405 
Northern    Illinois     Agricultural 

College,  -  -  407 

Fevre   River  and  Portage  Canal 

Company,  -  -  412 

Calhoun     County      Agricultural 
Company,  -  -  414 


Incorporations,  Pekin  Water  Company,   417 

Sangamon  County  A'gricultural 
and  Mechanical  Association,  -  422 

McLean  County  Agricultural 
Socii^ty,  .  -  423 

Evangelical  Lutheran  Synod  of 
Illinois,  -  -  424 

Hancock  Railroad  and  Bridge 
Company,  -  -  427 

Harrison  Draw-bridge  Company,  428 

Mt.  Carmel  Manufacturing  Com- 
pany, 

Ohio  and  Wabash  Railroad, 

Scott  County  Canal, 

Oregon  Union  Institute, 

Rockton  Water  Power  Compan 

Peoria  Female  AcademV; 

Batavia  Institute, 


432 
466 
495 
497 
504 
506 
-  508 


-  510 


Quincy  Gas  Light  and  Coke  Com 

pany, 

St.  Aloysius  Society  of  Quincy,  511 
Industrial  League  of  Illinois,  -  514 
Effingham  Steam  Mi>l  Company,  514 
Charleston  Lodge,  No.  35,  of  Free 

and  Accepted  Masons,  -  515 

Peoria  Gas  Light  and  Coke  Com- 


pany, 


516 


Alton   Hibernian  Benevolent  So- 
ciety, -  -  518 
Green  Bush  Union    Academy,    -  519 
Rushville  Lodge,    Free  and  Ac- 
cepted Masons,    -                    -  520 
Walnut  Grove   Literary  Associa- 
tion,  -                    -  -  •'521 
Central  Lodge,  Free  and  Accep- 
ted Masons,           -                     -  521 
Illinois  River  Bridge   Company, 

at  Ottawa,  -  -  525 

Cairo  Cemetery  Association,     -  544 
Green  Mound  Cemetery,  -  545 

Leroy  Seminary,       -  -  547 

Lockport  Cemetery  Association,  548 
Oak  Woods  Cemetery  Associa- 
tion, -  -  -  550 
Burlington  Bridge  Company,  -  553 
Knoxville  College,  -  -  553 
Kaskaskia      River       Navigation 

Company,  -  -  556 

Union  Coal  and  Iron    Company,  560 
Scott  Lodge,  No.   79,  Free  Ma- 
sons, -  -  564 
Centreville       and      Illinoistown 

Plank  Road,  -  -  567 

Toulon  Lodge, No.  \)'A,  Free  Ma- 
sons, -  -  569 
White  Hall  Lodge,  No.  80,  Free 

Masons,  -  -  570 

Mississippi  Bridge  Company,     -  575 
Quincy  Bridge  Company,  -  573 

Mississippi  Bridge  Company,  at 

Alton,  -  -  577 

Northwestern    Insurance    Com- 
pany, -  -  683 
town  of  Havana,      -  •  58i 


INDEX. 


[  V] 


Incorporations,  Waukegan  Mutual  Insu- 
rance Company,    - 
American  Bottom  Board  of  Im 
proveiueut, 


.  611 
614 


Jackson  County  Coal  and  Railroad 
Company.  See  Incorpora- 
tions, 

Jaciisonville,  and  Rock  Island  Railroad 
Company.  See  Incorporations, 
and  La  Salle  Railroad, 

Jeffries,  A.  S.,  for  ttie  relief  of, 

Joliet,  city  charter,  amended, 

Jobnson,  Noah,  appropriation, 

K. 

KanU'ak»-e  Bridge  Company, 
Kaskaskia    river,     bridge      and     ferry 
across, 

Navigation  Company, 

bridge  across, 

ferry  across,  amendment, 
Kinney,  Wm,  C,  tor  relief  of, 
Kendall  County,  to  amhorize  collection 

of  portion  of  revenue, 
Knight,  Wm  H.,  to  keep  ferry, 
Knox,  Leanr/a,  for  the  relief  ot, 
Kaoxville,  city  of,  incorporated, 

College,  incorporated, 

L. 

Lacon,  charter  amended,    - 

Lake  ecu  ity,  to  support  poor, 

La  Salle,  Manufacturing  Company, 

city  charter,  amended, 

coun'y,  to  borrow  money, 

Bridge  Company, 
Lawrenceville,  charter  amended, 
Leet,  Solomaii  S.,  for  the  relief  ot  secu- 
rities  o!, 
Leach,  Alonzo,  Will  county  authorized 

to  pay, 
LeRoy  Seminary,  incorporated, 
Libr.iries  supreme  court,  appropriation, 
Lincoln,  A.,  appropriation, 
Lockport,  town  of,  incorporated, 

Cemetery  Association, 
Lower  Guilford,  town  of,  vacated, 

M. 


26 

35  1 

58! 

481  I 

275  ! 


Madison  and  Clinton  Railroad.  See  In- 
corporations, -  -  122 
Marshall,  John,  to  keep  ft^rry,  -  580 
Marshall,  town  of,  incorporated,  -212 
Mascoutah,  side-walks  in  town  of,  -  605 
,  Macon  House  Company,  -  -458 
Macomb,  Vermont  and  Bath  Railroad. 

See  Incorporations,  -     27 


PAGK. 

McLean  County   Agricultural    Society,  423 
Mendon     Branch    Railroad    Company. 

See  Incorporations,  -     44 

Menard,  street  vacated  in,  -  .  501 

Mechanics'   Institute,  charter  amended,  411 
Minicks,  Noah,  relief  ot,    -  -472 

Mississippi,  and  Wabash  Railroad  Com- 
pany.    See  Incorporations,       -     73 
and   Rock  River  J:inction   Rail- 
road Company,  charter  amend- 
ed,     -  -  .  573 
Bridge  Company,     -  .  575 
Bridge  Company  at  Alton,  -  577 
Miners'  Insurance  Company,   incorpo- 
rated,                    -                    .  384 
Mitchell,  S.  F.,  to  build  dnm,                -  579 
Mill  Creek,  toil-bridge  over,  -  581 
Morgan    county    authorized    to     build 

court  house,  -  -   444 

Morris,  town  of,  incorporated,  -  277 

Cemetery  Association,  -  451 

acts  of  trustees  legalized,  -533 

Mt.  (Carbon  Coal  Company,  act  supple- 
mental, -  .  536 
Mt,  Carmel,  sell  lands  granted  as  com- 
mon, -  .  .  595 
Mt.  Carmel  Manufacturing  Company,  -  432 
Mt.  Carroll,  boundaries  altered,  •  579 
Murphysboro  and  Grand  Tower  Plank 

Road  Company,     -  -  243 

Munn,  Ira    Y.,  and  George  L.  Scott,  to 

keep  ferry  across  Illinois  river,  538 
Mutual  Securi'y  In-urance  Company,  -  393 
Myrick,  Marshall,  change  of  came,      -  485 


N. 

Nashville,  town  of,  incorporated, 
Naperville,  street  vacated  in, 
Name  changed,  Mary  Ann  Burns, 
Centreville, 
Pleasantville, 
Thomas  P.  Blair,    - 
Marshall  Myrick,    - 
Genneseo    Manual  Labor    High 

School, 
John  A.  Smith, 
Weston  Smith, 
I  Roy  W.  Smith, 

Mary  M.  Smith, 
New  Lexington, 
I  New  Lexington,  name  changed, 
I  Nelson,  Richard, 
Noithern  Cross   Railroad,  to   facilitate 

construction  of  part  of, 
Northern    Illinois  Agricultural  College, 
Northwestern  Insurance  Company, 
North  Presbyterian    Church,    Chicago, 
authorized  to  convey  properly. 


351 
502 
479 
479 
479 


490 
490 
490 
490 
491 
491 
608 


407 
583 


6C8 


0. 


Oak  Woods  Cemetery  Asiociation,  in- 
corporated, -  -  550 


L  P2  ] 


[  vi] 


INDEX. 


Ohio,  and  Mississippi  Railroad  Compa- 
ny, charter  amended,  -    92 
and  Wabash  Railroad  Company, 

charter  amended,  -  -     93 

River   and  Wabash  Railroad,  in- 
corporated, -  -  466 
Oporto,  town  of,  vacated,   -  -492 
Oregon  Union  Institute,  incorporated,  -  497 
Osman,  W.  &  M.,  appropriation,  -  522 
Oswego,  alley  in,  vacated,  -  503 
Ottawa,  city  of,  incorporated,               -  296 
Hydraulic  Company,                    -  427 
alley  in,  vacated,       -  -  503 
Bridge  Company,    -                     -  525 
charter  of  town,  amended,          -572 
Owens,  Thomas  H.  amendment  to  act 

authorizing  to  keep  ferry,       -  478 


Paris,  town  of,  incorporated, 
Patton,J., 

Peck,  J.  M.,  duplicate  to  certain  docu- 
ments, 
Pekin,  charter  of  city  amended, 
Pekin,  Canton    and   Macomb   Railroad 
Company.       See      Incorpora- 
tions, 
Plank  Road   Company,  incorpo- 
rated, 
and  Fairview  Plank  Road, 
Water  Company,     - 
Peoria  and  Oquawka  Railroad,  charter 

amended, 
Peoria   and    Bureau  Valley   Railroad. 
See  incorporations. 
Gas   Light  and   Coke  Company, 
Bridge  Association,  act  in  rela- 
tion to, 
Female  Academy,   - 
Peru,  charter  amended, 
Peoria,  city  charter,  amended, 
Petersburg    and     Springfield     R-ailroad 
Company.    See  Incorporations, 
Pensoneau,  N.,  to  keep  ferry  and  erect 

bridge, 
Plank  roads,   from  Chicago  to  Calumet. 
See  Incorporations, 
American  Bottom,  for  the  relief 

of,      - 
Ratjdolph  County,  incorporated, 
Waukegan  and  Antioch,  incorpo- 
rated. 
Galena  and  Mineral  Point,  incor 

porated, 
from  Pekin  to  east  line  of  Taze 

well   county, 
Springfiield  and  Richland, 
Henry,  Caledonia  and  Magnolia, 
Springfield,  Athens   and  Havana, 
Rock  Island  and  Moline, 
Belleville  and  Richmond, 
Elizabethtown  and  Benton, 
Springfield  and  TaylorvillCj 


94 

178 
319 
417 

-  513 

48 
516 

487 
506 
398 


-  163 

-  166 

178 
181 
ISf) 
284 
286 
288 
292 
294 


Plank  roads,  Pranklin  and  Perry  Coun- 
ty, -  -  317 
Pekin  p,nd  Fairview,  -  319 
Alton  and  Woodburn,  -  322 
Grundy  and  Kendall,  -  343 
Chicago    Southwestern,    charter 

amended,  -  -  484 

Centreville  and  Illinoistown,     -  567 

by  general  law,  amendments,    -  600 

Pleasantviile,  name  changed,  -  479 

Pope  county,  trustees  of  schools,  acts 

legalized,  -  -  447 

Poor,  in  Lake  county,  support  of,        -  464 
Protestant  Episcopal  Church,  to  convey 

real  estate,  -  -  482 

Prentice,  Sarah  B.,  for  relief  of,  -  490 

Pittsburgh,  vacated,  -  -  502 

R. 

Randolph,  County  Plank  Road  Compa- 
ny, incorporated,                       -  161 
town  of,  vacated,      .                    -  523 
Rapids  City,  part  of  plat  vacated,         -  503 
Railroads,  Petersburg   and   Springfield, 

See  Incorporations,                  .  3 
Springfield    and  Pekin.     See  In- 
corporations,        -                    -  12 
Souttiern  Illinois.     See  Incorpo- 
rations,                 -                    -  15 
Macomb,  Vermont     and    Bath. 

See  Incorporations,                  -  20 
Jackson  County   Coal  and  Rail- 
road Company,     -                    -  26 
Beardstown  and  Petersburg.   See 

Incorporations,  -  -  31 
Jacksonville  and  Rock  Island,  -  39 
State  Line  and  Mississippi,  -  39 
Galena  and  Mississippi  Intersec- 
tion, -  -  -  42 
MenaoR  Branch,  -  -  44 
Peoria  and  Bureau  Valley,  -  43 
Jacksonville  and  La  S.ille,  -  53 
Bloomington  and  Pekin,  .  63 
Terre  Haute  and  York  Junction,  63 
Rockton  and  Freeport,  -  69 
Mississippi  an-i  Wabash,  -  73 
Springfield  and  Carlyle,  -  79 
Chicago  and  Milwaukie,  charter 

amended,               -                     -  90 

St.   Clair,  charter  amended,         -  91 
Ohio     and    Mississippi,  charter 

amended.               -                    -  92 
Ohio  and  Wabash,  charter  amend- 
ed,    -                   .                    .92 
Chicago  Union,  charter   amend- 
ed,     -                   -                    .  92 
Northern  Cross,  to  facilitate  con- 
struction of  eastern  branch,  93 
Decatur  and  Danville,  incorpora- 
ted,   .                    -                    .93 
Pekin,  Canton  and  Macomb,      -  91 
Western  Air  Line,  -                    -  95 
Chicago,  Sterling  and  Mississip- 
pi,     -                    -                    -  101 
Fort  Wayne  and  Chicago,           -  105 


INDEX. 


[  vii] 


Railroads,  Belleville     Eastern    Exten- 
sion, -  -  - 

Belleville  and  Murphysboro,      - 

rv.adison  and  Clinton, 

Decatur  and  Indianapolis, 

Waverley  and  Auburn, 

St.  Charles  Brand),  charter 
amended, 

Sangamon  and  Morgan,  charter 
amended, 

Terre  Hauie  and  Alton,  charter 
amended, 

Decatur  and  Pekin,  incorporated, 

Bloomington  and  Wabash  VdU 
ley,  incorporated. 

Galena  and  tiouthern  Wisconsin, 
charter  amended,  - 

Blooraingfon  and  Wabash  Val- 
ley, name  changed,  - 

Southern  Illinois,  change  name, 
&c.,  - 

Galena  and  Southern  Wisconsin, 

Illinois  and  Wisconsin,  uct  suj)- 
plemental, 

Aurora  Branch, 

Ohio  River  and  Wabash, 

Northern  Cross,  Qamcy  author- 
ized to  subscribe  stock  to, 

Warsaw  and  Rocuford,  number 
ot  directors  increased, 

Peoria    and    Oquawka,    charter 
amended, 
Railroad  Bridge  Company, 
Revenue  la^v  ol  Quincy,  amended, 
Renwick,    George    W.,  authorized    to 

erect  bndge, 
Relief,  ot  H.  C.  Dickerson, 

of  John  M.  Cunijin^ham, 

of  R,  P.  Breckenridge, 

of  Noah  Mmicks,     - 

of  A.  S.  Jeffries,       - 

of  S.  B.  Prentice,  - 

of  John  Brink, 

of  securitres  of  E.    W.  Dutcher, 

of  Rockford  Water-power  Com- 
pany, -     , 

of  treasurers  of  Cook  and  Han- 
cock counties, 

of  securities  of  John  Elmore,     - 
•'  Soloman  S.  Leet, 

"  Wm.  Compher, 

of  Wm.  C.  Kinney, 

of  school  district  ^'o.  1,  town- 
ship 18,  range  7,  in  Menard 
county, 

of  Leanna  Knox,      - 

of  John  W.  Brooks, 

of  Joseph  B.  Worley, 
Rockton,  and  Freeport  Railroad  Com- 
pany.    See  Incorporations,    - 

aid  State  Line  and  Missis;  ippi 
Railroad  Company.  See  In- 
corporations, 

Water-power  Company,  incor- 
porated, 


Rock  Island,  and   Moline  Plank   Road 

Company,  -  -  286 

and  Whiteside  counties,  boumia- 

ry  line  of,  -  -  462 

Rockford,  legalize  incorporation,  -  566 

Rocklord,  Water  power   Company,  for 

relief  of,  -  -  405 

River  street  in,  defined,  -528 

Rock  River  Seminary,  charter  araend- 

e  I,      -  -  -  507 

Robinson,  town  of,  streets  vacated  in,  -  472 
Rock  River  Bridge,  -  -  .')63 

Road,  from  Waverley  to  Taylorviile,  -  608 
Rutland  Bridge  Company,  -  405 

RushviUe   Lodge,  Free   and   Accepted 

Masons,  -  -  520 


Sangamon,  and  Morgan    Railroad  Com- 
pany, charter  amended,  -  130 
County     Agricultural    and    Me- 
chanical Association,  -  422 
Housf-  Company,      -                     -  456 
and  Morgan  Railroad   Company, 

further  time  allowed,  -  473 

River,  bridge  across,  -  538 

Saline  Coal  and  Manufacturing  Compa- 
ny, amendment,    -  -512 
Scripps  &  Bross,  appropriation,  -  523 
School  lot,  sale  authorized,                     -  449 
Scott  County  Canal,  incorporated,         -  495 
Scott  Lodge,  Free  Masons,    incorpora- 
ted,   -                     -                     -  .565 
Seneca  Plank  Road  Company,                -  244 
Seminary,  Galena  Theological,              -  274 
Le  Roy,                     -                   -  547 
Shawneetown  and  Equality  Plank  Road 

Company,  -  -  573 

Shawnee  Coal  Company,  charteramend 

ed,      -  -  -  483 

ShurtlifF  College,  amendment,  -  500 

Smith,  John  A.,  name  changed,  -490 

Weston,  "  -  490 

Roy   W.,  "  -  490 

Mary  M.,  "  -  490 

Simuel,  keep  ferry,  -  -  528 

Southern    Illinois    Railroad    Company. 

See  Incorporations,  -     15 

name  changed,  -  -  177 

Springfield,  and    Pekin  Railroad.     See 

Incorporations,     -  -     12 

and  Carlyle    Railroad   Company,     79 
and  Richland  Plank  Road  Com- 
pany, -  -   181 
Athens  and    Havana  Plank  Road 

Company,  -  -  284 

Taylorviile  Plank  Road    Compa- 
ny,    -  -  -  294 
Spoon  River  Navigation  Company,   an 

act  to  aid,  -  -   577 

State  road,  to    locate  in  Kane  and  Ken- 
dall, -  -  -  442 
State    Line    and    Mississippi    Railroad 

Company,  -  -    39 


[  viii^J 


INDEX, 


sterling,  vacate  part  of,      -  -  480 

State  road,  from  Waverley  to   Taylor- 

ville,  -  -  -  608 

St.  Aloysius  Society,  incorporated,        -  511 

St.    Clair,   Railroad    Company,  charter 
amended, 
Turnpike  road,  amended, 

St.  Charle?,  Branch  Railroad   Company, 
charter  amended,  - 
town  of,  incorporated, 

Stephenson   County   Mutual  Fire  Insu- 
rance Company,  - 

Stewart,  Hart  L.,  to  pay,   - 

Supreme    court  library,    appropriation, 

Sullivan  Academy,  incorporated, 

T. 

Terre  Haute,  and  York  Junction  Rail- 
road, -  -  - 

and    Alton    Railroad    Company, 
charter  amended,  - 
Towns,  Essex,  created, 

Paris,  incorporated, 
Carlinville,  incorporated, 

Marshall,  " 

LoclCT'Crt,  " 

St.  Charles,  " 

Grafion,  " 

Dixon,  " 

.    Edvvatdsville,         " 

Carlyle,  " 

Morri?,  " 

Marshall,  «' 

Aurora,  " 

Hav  na,  " 

Toulon  Lod£;e,  No.  93.  Free  Masons,  - 
Trustees  of  schools^  acts  legalized, 


Vacate,  alley,  in  the  town  of  Morris,    -  493 

street,  in  Hennepin,  -  501 

part  of  street,  in  Menard,  -  501 

street,  in  Naperville,  -  502 

alley,  in  Bloomington,  -  502 

town  of  Pittsburgh,  -  502 

town  of  Allenton,    -  -  50 .'i 

part  Rapids  City,     -  -  503 

alley,  in  Oswego,    -  -  503 

f.lley,  in  Oitawa,      -  -  503 

Lower   Guilford,      -  -  516 

Randolph,  -  -  523 

Vermilion  river,  bridge  across,  -  513 

Vincent,  Tristram,  to  dam,  -  579 

w. 


u. 

University,  Illinois  Wesleyan,  •  324 

Union,  Cem-ftery,  -  -  475 

Coal  and  Iron  Company,  -  5fi0 

V. 

Vacate,  state  road,  -  -  449 

streets,  in  Robinson,  -  472 

part  of  Sterling,         -  -  480 

Hartford,  -  -  487 

alley,  in  Bloominston,  -  489 
part  of   Morgan   street,  in  Jack- 

soi.ville,  -    '  -  489 

town  of  Oporlo,       -  492 


Waverley  and  Auburn  Railroad  Compa- 
ny,     - 
Warsaw,  city  of,  incorporated, 

and  Port  Byron   Railroad,  incor- 
porated, 
^-*      and  Rockford  Railroad, 

and   Augusta   1  lank  Road,  addi- 
tional powers, 
Waukegan,  and  Antioch  Plank  Road,  in- 
corporated, 
city  of,  incorporated. 
Mutual  Lisurance  Company, 
Water  Company,  Belleville,  incorpora- 
ted,     -■ 
Pekin,    - 

Power  Company,  incorporated,  - 
Walnut    Hill    Cemeteiy,  exempt    from 

taxation, 
Walnut  Grove  Literary  Association, 
Western   Air   Line  Railroad  Comjiany, 
Western    Marine    and    Fire    Insurance 

Company, 
Whitaker,  Wm.,  restored  to  citizenship, 
White,  Thomas   M.,   time  exteiided  for 

paying  judgments. 
White  H«ll  Lodge,  No.  80,  Free   Ma- 
sons, .  -  - 
Whiteside  and   Rock    Island  counties, 

bouiK^ary  line  of,  - 
Wiggins^  Ferry  Company,  incorporated. 
Will  coun  y,  authorized  to  pay  Alonzo 

Leach, 
Wilmington,  building  side-walks  in, 
Wilmington  Bridiie  Company, 
Worlny,  Joseph  B.,  relief  of, 
VVoodiord  County  Plank  Road  Compa- 
ny,    - 
Woodstock  Insurance  Company, 
Wren  and  Ballard,  ferrv,     - 


128 
141 


156 
481 


163 
262 
611 

206 
417 
504 

465 

521 

95 

370 
443 

490 

370 

402 
193 

492 
561 
347 
463 

249 
36i 
.52.3