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Full text of "Laws of the State of Illinois"

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WESTERN ILLINOIS UNIVERSITY LIBRARY 




3 1711 00611 8108 



IVfc7'P rlu «fe, 

PUBLIC AND PRIVATE LA¥S 



OF THE 



STATE OF ILLINOIS, 



PASSED BY THE 



TWENTY FIFTH GENERAL ASSEMBLY 



AT ITS FIRST AND SECOND SPECIAL SESSIONS, 



JUNE 11 AND JUNE 14, 186*7. 



SPRINGFIELD : 

BAKER, BAILHACHE & CO., PRINTERS. 
1867. 



TABLE OF CONTENTS. 

LAWS PASSED AT THE SPECIAL SESSIONS, CONVENED JUNE 11, 1867, 
AND JUNE 14, 1867. 



FIRST SPECIAL SESSION. 

APPROPRIATIONS : page. 
An act making appropriations for the general and contingent expenses of this special ses- 
sion of the General Assembly 5 

BANKS AND BANKING ASSOCIATIONS: 

An act to provide for the assessment and collection of taxes on the shares of capital 
stock in banks and banking associations 6 

TAXES : 

An act to authorize the county court of Henderson county to levy a special tax for road 
and bridge purposes 9 

RAILROADS : 

An act to legalize the proceedings of the electors of the town of Aurora, in the county 
of Kane and state of Illinois, at the annual town meeting, held the second day of April", 
a. d. 1867, in said town, in relation to appropriating money to secure the permanent 
location of the shops of the Chicago, Burlington and Quincy Railroad Company at 
Aurora, and for other purposes therein mentioned 9 

An act to amend an act entitled "An act to incorporate the Mississippi River and Wis- 
consin State Line Railroad Company," approved February 28, 1867 12 



SECOND SPECIAL SESSION. 



APPROPRIATIONS : 

An act making appropriations for the general and contingent expenses of the second 
special session of the General Assembly 19 

PENITENTIARY: 

An act to provide for the management of the Illinois State Penitentiary at Joliet 21 

An act to provide for the expenses of carrying on and maintaining the Illinois State Peni- 
tentiary at Joliet _ _ 3 g 

LARCENY : 

An act in relation to the crime of larceny ....;.. ... 37 



PUBLIC AND PRIVATE LAWS, 

PASSED AT FIRST SPECIAL SESSION, CONVENED JUNE 11, 1867. 



AN ACT making appropriations for the general and contingent expenses in force June 
of this special session of the General Assembly. 13, 1867. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the p ay of members 
following appropriations be and the same are hereby made JgJ offi g c e e n r | r af 
to the members and officers of the General Assembly of assembly. 
the state of Illinois, at the special session thereof, convened 
by the proclamation of the governor of said state: 

To the speakers of the senate and house of representa- speakers of se- 
tives, each, the sum of three dollars per day for each day's nateandH. B - 
attendance during the continuance of said special session. 

To each member of the senate and house of representa- MembersH . b. 
tives, the sum of two dollars per day for each day's attend- 
ance during the continuance of the special session afore- 
said. 

To each member of the senate and house of representa- Members of the 
tives, including the speakers of both houses, ten cents per 
mile for each necessary mile's travel in going and returning 
from the seat of government. 

To the secretary and assistant secretary of the senate, cierksoi Senate 

i i i *i • ii ii,ii i> an d House. 

and to the clerk and assistant clerks ot the house ot repre- 
sentatives, each, the sum of eight dollars per day. 

To the enrolling and engrossing clerks and assistant en- Enrolling and 
rolling and engrossing clerks of the senate and house of Swlw. g 
representatives, each, the sum of eight dollars per day. 

To the sergeant-atarms and assistant sergeant-at-arms ot Sergeant-at 
the senate, and door-keeper and assistant door-keepers ot sistams— door- 
the house of representatives, each, the sum of eight dollars JESaEmts. and 
per day. 

To the post-master of the senate, and post-master and Postmasters. 
assistant post-master of the house of representatives, each, 
the sum of eight dollars per day. 

To the clergymen of the city of Springfield who have clergymen, 
officiated as chaplains at this special session, for each day 
they shall have respectively officiated, the sum of two dol- 
lars per .day. 

To the pages of the senate and house of representatives, ?w- 
each, the sum of two dollars per day. 



6 . BANKS AND BANKING ASSOCIATIONS. 

Porters. To the porters and policemen appointed by the speakers 

of the senate and house of representatives, each, the sum 
of six dollars per day. 
official report- To Ely, Burnham and Bartlett, the official reporters of 
ers - this general assembly, the sum of fifteen dollars [per day] 

for each of three reporters — the number of days of actual 
service to be certified by the speakers of both houses, 
j. h. Jones, ex- To J. H. Jones, who is hereby declared an extra official 
tra reporter. re p 0r t er f ^\ ie h ouse f representatives, the sum of fifteen 
dollars per day for every day of actual service, to be certi- 
fied by the speaker of the house. 
state journal To the publishers of the Illinois State Journal and the 
^Bter State Re " State Register, for publishing the proceedings of this spe- 
cial session of the general assembly, each, the sum of five 
dollars per column of solid nonpareil type — the standard 
of measure to be the column of Journal — to be certified by 
the secretary of state and auditor of public accounts, 
certificate of § 2. The time for which compensation is hereby allowed 
how to each member and officer of the general assembly shall 
be certified by the speakers of the respective houses, except 
the time of the speakers of the senate and house of repre- 
sentatives, which shall be certified, the time of the speaker 
of the senate by the secretary thereof, and the time of the 
speaker of the house by the clerk of said house — all of 
which shall be entered upon the journals, and published as 
a part thereof; and upon the presentation of said certificate 
to the auditor, he shall draw his warrants upon the revenue 
fund for the amounts to which each person shall be entitled,, 
as aforesaid, to be paid by the state treasurer out of the 
said revenue fund in the state treasury. 

This is a public act, and shall take effect from and after 
its passage. 

Approved June 13, 1867. 



service 
made 



In force June AN ACT to provide for the assessment and collection of taxes on the shares 
13 > 1867 - of capital stock in banks and banking associations. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That here- 
stockhoiders-: a ft er no tax shall be assessed upon the capital of any bank 
' taxed. or banking association, organized under the authority of this 

state, or organized under the authority of the United States 
and located within this state ; but the stockholders in such 
banks and banking associations shall be assessed and taxed 
on the value of their shares of stock therein in the county, 
town or district where such bank or banking association is 
located, and not elsewhere, whether such stockholders reside 
in such town, county or district, or not, but not at any 



BANKS AND BANKING ASSOCIATIONS. 7 

greater rate than is or may be assessed upon other moneyed 
capital in the hands of individuals in this state. And in 
case any portion of the capital of such bank or banking as- 
sociation is invested in real estate, then there shall be de- 
ducted, in making the assessment of such shares, from the 
value of the same, such sum as shall bear the same propor- 
tion to the value of such shares, as the assessed value of all 
such real estate bears to the whole capital stock of such 
bank or banking association : Provided, that nothing herein p r0 viso. 
contained shall be held or construed to exempt from taxa- 
tion the real estate held or owned by any such bank or 
bauking association, but the same shall be subject to state, 
county, municipal and other taxation to the same extent and 
rate, and in the same manner as other real estate is or may 
be taxed. 

§ 2. There shall be kept, at all times, in the office where List of stock- 
the business of such bank or banking association, organized £ep d t? rs *° be 
under the laws of this state, or of the United States, shall be 
transacted, a full and correct list of the names and residences 
of all the stockholders therein, and of the number of shares 
held by each, and such list shall be subject to the inspection 
of the officers authorized to assess taxes or to assess property 
for taxation during the business hours of each day in which 
business may be legally transacted ; and it shall be the duty 
of each county, town, city or district assessor to ascertain 
and report to the county clerk of his county, or the other 
proper officer, as a part of his return of the assessment 
of property, a correct list of the names and residences 
of all stockholders in any such bank or banking associa- 
tion located in his county or town, with the number and 
value of all -such shares held by each of them respectively, 
showing the name of each of such banks or banking asso- 
ciations in which such shares are held ; and such return 
shall also show what deduction, if any, is to be made from 
the value of such shares on account of the investment of any 
of the capital stock of such bank or banking association in 
real estate, as set forth in the first section of this act. 

§ 3. The county clerk, or other proper officer, to whom Taxes-how ex 
such returns are made shall enter the valuation of all such . en 
shares in the tax lists, in the names of the respective own- 
ers of the same, and shall compute and extend taxes thereon 
the same as against the valuation of other moneyed capital, 
in accordance with the provisions of the first section ot this 
act ; and the several collectors of taxes shall have the same 
authority to collect the taxes so charged that they now have, 
or may hereafter have, for collecting other taxes : Provided, Provso. 
that in all cases where such shares are owned by persons or 
corporations not residing or located in the county, town or 
district in which such bank or banking association is located, 
then the collector of such county, town or district shall 
have full power and authority to collect such taxes in any 



8 . BANKS AND BANKING ASSOCIATIONS. 

county, town or district in this state, where such person or 
corporation may reside or be located. 
Action for coi- § 4. The collector of taxes, and the officer or officers 
axes ant j lor j ze( j t0 rece i ve taxes from the collector, may, all or 
either of them, have an action to collect the tax assessed 
on any share or shares of stock owned by non-residents of 
this state, from the avails of the sale of such share or shares; 
and the tax assessed against such share or shares shall be 
and remain a lien thereon till the payment of said tax. 

D what en pur^o f se §. 5 - ^ or tne P ur P 0Se pf collecting such taxes, and in 
may be retain- addition to any other Jaws, not in conflict with the constitu- 
tion of the United States, relative to the imposition of 
taxes, it shall be the duty of every such bank or banking as- 
sociation, and the managing officer or officers thereof, to 
retain so much of any dividend or dividends belonging to 
such stockholders as shall be necessary to pay any taxes 
assessed in pursuance of this act, until it shall be made to 
appear to such officers that such taxes have been paid ; and 
any officer of any such bank or banking association who 
shall pay over or authorize the paying over of any such 
dividend or dividends, or any portion thereof, contrary to 
the provisions of this section, shall thereby become person- 
ally liable for all such tax. And if the said tax shall not be 
paid, the collector of tax where said bank is located shall 
sell said share or shares to pay the same, like other per- 
sonal property, 
shares to be as- § 6. All assessments of the capital stock of banks or- 

sessed as other °. n -i.ii n ,i • r •■ ^ « 

property. ganized under the laws ol this state, or ot the property of 
such banks, made for state, county or municipal purposes for 
the year a. d. 1867, by virtue of the laws heretofore in force, 
are hereby vacated and declared to be void and of no effect ; 
and it is hereby made the duty of the assessors of the several 
counties and towns, cities or districts in this state in which 
such banks so organized, or in which any banks or banking 
association organized under the laws of the United States, 
are or may be located, to assess the shareholders in the same 
upon the value of their shares, and to assess the real estate, if 
any, in which any part of the capital stock of such banks or 
banking associations is invested, in the same manner and 
subject to the same regulations, except as provided in this 
act, as is provided by law for the assessment of other real 
and personal property, in the same county or town, city or 
district, such assessment to be made for the year 1867, with 
regard to the ownership and value of such shares, on the 
first day of July, 1867, and annually thereafter with regard 
to the ownership and value of the same on the day which 
may be specified by the laws in force concerning the assess- 
ment of other taxable personal property in this state. 

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

Approved June 13, 1867. 



TAXES. 



AN ACT to authorize the county court of Henderson countv to levy a J2 «-/ 
special tax lor road and bridge purposes. 

Section 1. i?<? ad enacted by the People of the State of 
Illinois, represented in the General Assembly, That the Special tax for 
county court of Henderson county be and the same is here- bridges to' be 
by authorized and empowered to levy a special tax an- levied - 
nually for the term of three years, not to exceed thirty (30) 
cents on each hundred dollars' worth of taxable property in 
said county, for the purpose of erecting bridges and main- 
taining the same in said county. 

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

Approved. June 13, 1867. 



AN ACT to legalize the proceedings of the electors of the town of Aurora, In 1 f o rc 1 ( l fi7 June 
in the county of Kane and state of Illinois, at the annual town meeting ' 

held the second day of April, a. d., 1867, in said town in relation to 
appropriating money to secure the permanent location of the shops of 
the Chicago, Burlington and Quincy Railroad Company at Aurora, and 
for other purposes therein mentioned. 

"Whereas, April 1st a. d. 1867, the Chicago, Burlington Preamble. 
and Quincy Railroad Company, proposed to the people of the 
town of Aurora, in the county of Kane, and state of Illi- 
nois, to permanently locate at said town, its car and loco- 
motive shops, for the purpose of manufacturing, rebuilding 
and refitting its cars, locomotives and rolling stock ; and 
also, of doing most of the ordinary repairing of the 
same thereat, and for the purpose of procuring the addi- 
tional land required for that purpose, it proposed to said 
people it would purchase the land therefor designated 
by said company, as the land it needed, (exclusive of 
what was and is known as the foundery property) esti- 
mated at thirty acres should it be more or less, and pay 
five hundred dollars per acre for it, exclusive of the build- 
ings and improvements thereon, which were to be removed 
by the owners or the people of said town, and that the 
town or its citizens, should, by levying and collecting a tax 
on the taxable property of said town or otherwise, or by 
voluntary subscription or both, pay the balance of the pur- 
chase money of said thirty acres of land, or in any other 
way aid the said company in obtaining the title to said 
thirty acres of land, for the purpose aforesaid, without fur- 
ther cost to said company than said five hundred dollars 
per acre, and its proportion of taxes in case the said balance 
—2 



10 TAXES. 

should be raised, by taxes on the taxable property of said 
town or otherwise. 

Whereas, also, it was and is estimated that said thirty 
acres of land would, and will cost in the purchase thereof, 
at least fifty thousand dollars over and above the net pro- 
ceeds arising from the sales of the buildings and improve- 
ments thereon, and over and above said five hundred dol- 
lars per acre, to be paid by said company for it. 

Whereas, also, the qualified electors of said town, as 
well as the other residents and tax payers thereof, believ- 
ing and having good reason to believe that the permanent 
location of said shops at Aurora, aforesaid, for the purpose 
aforesaid, as proposed by said company would greatly en- 
hance the value of the property in said town, and largely 
and materially promote the prosperity of all public and 
private interests therein, did at the annual town meeting, 
held in and for said town, on the second day of April, a. d., 
1867, in consideration of the premises, accept the proposi- 
tion aforesaid of said company, and did then and there 
resolve among other things, to aid and assist said railroad 
company to acquire the title of said thirty acres of land, 
exclusive of said foundery property, which the said company 
were to take care of as proposed by said company saving 
to the owners or the people of said town to remove all the 
buildings and improvements thereon ; and the said electors 
did then and there, also resolve to carry out the purpose 
aforesaid, as follows, to-wit : 

Resolved that we appropriate the sum of fifty thousand 
dollars for town purposes, to be raised by tax ; And where- 
as, the township organization act under which we are now 
acting at this day, hour and place, gives us the right to 
take measures and give directions for t^e exercise of our 
corporate powers. 

Be it therefor resolved, that our town board be vested 
with full and plenary powers to raise such money by tax, 
and issue town orders bearing a rate of interest not exceed- 
ing ten per cent., having such time to run as in their judg- 
ment, they think proper, and if in the judgment of ou^ 
town board it is best to issue town orders, that such town 
orders be signed by our supervisor and town clerk, and 
that said orders be registered and recorded upon the town 
records in such manner as in the judgment of our town 
board is necessary, and that the full net sum of fifty thou- 
sand dollars, exclusive of delinquencies and expenses, be 
used and applied toward purchasing the land needed for 
the permanent location of the shops of the Chicago, Bur- 
lington and Quincy Railroad Company in this township, 
believing and now asserting that such sum is necessary, 
and that by so doing the public interests and property of 
this township will be largely and materially advanced ; and 
for the purpose of accomplishing such effect and purpose, 



TAXES. 11 

we vest our town board with all the power and authority 
of every name or kind, which we can or may possess in 
the premises, and pledging our faith as citizens to stand by, 
uphold and support all acts and things done by them touch- 
ing and concerning the premises to the full extent of fifty 
thousand dollars. 

Whereas, also, the board of town auditors, in and forsaid 
town of Aurora, did afterwards adopt, in pursuance of the 
said resolutions and the township organization statutes, the 
following resolutions and. proceedings, to-wit : "Iiesolved, by 
the board of town auditors, of the town of Aurora, that the 
sum of sixteen thousand six hundred and sixty-seven dol- 
lars be levied upon the taxable property of the town of 
Aurora, for the year a. d., 1867, under the vote of the last 
town meeting held in said town, relative to raising the sum 
of fifty thousand dollars for the benefit of said town." 

On motion of J. C. Sherwin, (one of said board,) the 
supervisor and town clerk were instructed to issue town 
orders for the sum of fifty thousand dollars, in denomina- 
tions of fifty, one hundred, two hundred and five hundred 
dollars, bearing ten per cent, interest, payable annually. 

Whereas, also, it has been doubted by some whether the 
said electors of said town and the board of town auditors 
had the power, by and under the law, to do what they have 
done as aforesaid ; therefore, 

Section 1. Be it enacted oy the People of the State of 
Illinois ■, represented in the General Assembly, That the proceedings 
said resolutions and proceedings of the electors of said p^mMe m 
town of Aurora, and also, the said resolutions and proceed- legalized, 
ings of the said board of town auditors of said town, and 
the town orders issued in pursuance thereof, and all and 
singular the acts done, or to be done in pursuance of said 
resolutions and proceedings or any or either of them, be 
and the same are hereby confirmed, and in all respects 
fully legalized ; and when the said railroad company shall 
have acquired title or possession to and of the said thirty 
acres of land above referred to, the said shops of said rail- 
road company, for the purpose of manufacturing, rebuilding 
and refitting its cars, locomotives and rolling stock thereat 
and of doing most of the ordinary repairing of the same, 
at such shops, shall permanently be and remain at Aurora, 
aforesaid, according to the true intention, agreement and 
understanding heretofore had and expressed, and now exist- 
ing between said railroad company and the people of said 
town of Aurora. 

§ 2. That said town of Aurora shall have as ample Aurora to have 
power and authority to levy and collect taxes on all taxable L'xeffor^spe- 
property of said town, to nay said fifty thousand dollars, so cified purposes 
appropriated as aforesaid, and to raise which, for immediate 
use, the said board of town auditors have directed town 
orders to be issued bearing ten per cent, interest, payable 



12 RAILROADS. 

annually, together with the interest thereon, as the said 
town have to levy and collect town taxes for any town pur- 
pose whatever, and it may be done in the same way and 

Proviso. manner : Provided, however, that the sum of sixteen thou- 

sand six hundred and sixty-seven dollars shall be levied 
and collected for the year a. d., 1867, and a like sum for the 
year a. d. 1868, and also the like sum for the year a. d. 1869, 
together with the interest that shall accrue on each of said 
sums exclusive of delinquencies and expenses. 

Cityot Aurora § 3. That should the funds already provided, be insuffi- 
may borrow c i e nt to purchase the said estimated thirty acres of land, 
then the common council of the city of Aurora, in said 
town of Aurora, are vested with power, and it is hereby 
made their duty to borrow such sums of money as shall be 
necessary for that purpose ; and shall issue bonds therefor 
with such interest as they may deem proper, not to exceed 
ten per cent per annum : Provided, however, as between 
the east and west divisions of said city the said bonds and 
the interest thereon, shall be chargeable to and payable 
out ot the funds belonging to the east division ; and it shall 
be the duty of the common council of said city to keep the 
said funds of the east division sufficiently large to pay such 
bonds and the interest thereon when the same shall mature; 
Provided, the whole amount of said bonds shall not exceed 
fifteen thousand dollars. 

§ 4. This act shall be in force from and after its passage. 
Approved June 13, 1867. 



In force June AN ACT to amend an act entitled "An act to incorporate the Mississippi 
13, 1867. River and Wisconsin State Line Railroad Company," approved February 

28, 1867. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, ThatHalstead 

corporators. S. Townsend, Michael Simmons, Thomas Deeds, J. W. 
White, W. A. Little, G. H. Morse and G. N. Townsend, of 
Jo Daviess county ; James Turnbull, of Stephenson county, 
and Abraham Polsgrove, of Carroll county, Illinois, and 
their associates, successors and assigns, are hereby created 
a body corporate and politic, under and by the name and 

Name and style, style of the "Mississippi River and Wisconsin State Line 
Railroad Company," with perpetual succession, and by that 
name be and they are hereby made capable in law and 

corporate pow- equity to sue and be sued, plead and be impleaded, defend 

erB - and be defended in any court of law or equity in this state, 

and in all other places whatsoever, and shall also have 
power to make and have a common seal, and the same to 



RAILROADS. 13 

use, change and renew at pleasure, and shall be and hereby 
are vested with the power to contract and be contracted 
with to the lull extent that may be requisite to accomplish 
the objects of this act, and shall also and are hereby vested 
with all the powers, privileges, franchises and immunities 
which are in this act mentioned, and which may be neces- 
sary to carry into effect the purposes and provisions of this 
act ; and the company hereby created are hereby specially 
authorized and empowered to locate, construct, equip and Location of the 
operate a railroad from the line between the states of Illinois road - 
and Wisconsin, commencing at the northeast corner of 
fractional section thirteen, in township twenty-nine north, 
of range six east of the fourth principal meridian, in the 
county of Stephenson and state of Illinois, or at any point 
west within eight miles of said northeast corner of fractional 
section thirteen, and from such point of commencement, 
running thence westwardly to the Mississippi river at 
Savannah, in the county of Carroll, in the state of Illinois, 
or to any point on said river north of said Savannah, and be- 
tween that place and the latitude of the mouth of the Tete 
du Mort in the state ot Iowa, upon the best and most eligi- 
ble route between the two points of termini aforesaid, either 
with a single or double track ; and said company are also 
hereby authorized and empowered to locate, construct, 
equip and operate a single or double track branch railroad 
from the aforesaid main line to the city of Galena, in the 
county of Jo Daviess and state of Illinois ; and said com- 
pany are hereby authorized and empowered to lay out the 
said railroad and branch railroad and to use lands therefor 
the whole length thereof to the width of one hundred feet, 
and at places or points where there shall be crossings or 
embankments to the width of more than one hundred feet ; 
but of no greater width than shall be necessary beyond 
such one hundred feet. And the said company may and 
they are hereby authorized and empowered to take and use 
from beyond the limits of said one hundred feet, so much 
earth, gravel, rock or stone as shall be necessary for the 
proper construction and security of such railroad and branch 
railroad ; but compensation shall be made therefor in the 
manner hereinafter provided. 

§ 2. The capital stock of said company shall be in the first Capital stock, 
instance eight hundred thousand dollars ; but the same may, 
by resolution passed by the board of directors of said com- 
pany, be increased to any sum not exceeding the sum of two 
millions dollars. And the whole capital stock shall be 
divided into shares of one hundred dollars each share. All 
the powers of said company shall be and hereby are vested 
in and shall be exercised by a board of seven directors, Board of direc- 
who, after the first board, shall be elected annually by the 
stockholders of said company, and at such election every 
stockholder shall be entitled to one vote for each share of 



14: RAILROADS. 

stock owned and held by him or her ; such election for 
directors shall be holden at the principal office of said com- 
pany in this state; and at all such elections the stockholders 
may vote for directors, either in person or by proxy. The 
directors of said company shall hold their offices, respec- 
tively, until their successors are elected and taken upon 
themselves the duties devolving upon them as such direc- 
Vaeancies- tors. And in case of a vacancy in said board of directors 
by death, resignation, removal or other cause, the remain- 
ing directors of said board may fill such vacancy by the 
appointment of some other stockholder of said company ; and 
this may be done from time to time, and so often as occasion 
shall or may require ; and the person or persons so ap- 
pointed shall hold such office term and until his or their 
successor or successors shall be elected by the stockholders 
at the annual election hereinbefore provided for, and until 
such successor or successors shall take upon himself or 
themselves the duties of the office of directors of said com- 
pany. And the said board of directors may, by resolution, 
order or by-law declare when, for what causes or under 
what circumstances there shall be a vacancy in said board 
of directors. And no failure or neglect to hold an annual 
election or to annually elect a board of director shall work 
a forfeiture of corporate rights or powers, nor shall such 
failure or neglect dissolve the corporation hereby created. 
The seven persons first named in this act are hereby con- 
stituted the first board of directors ; and said first board 
shall, by the first Monday of January next, by by-law, 
order or resolution, determine the time of holding the an- 
nual elections for directors of said company ; and shall 
also before the first day of October next open, or cause to 
be opened books for subscriptions to the capital stock of 
said company, in which books shall be contained the terms 
of subscription and how, when and in what manner such 
subscriptions shall be paid by the subscribers thereof. All 
of which the said board of directors are hereby authorized 
and empowered to do. And said board of directors shall 
appoint one of their number president of said company, 
and shall also appoint a secretary and treasurer, and also 
such other officers, agents and clerks as shall be deemed 
necessary by said board ; and the powers and duties of all 
officers, clerks and agents of said company shall be pre- 
scribed by resolution or by-law adopted by said board of 
directors ; and said board of directors are hereby fully au- 
thorized and empowered to adopt and enforce all such reso- 
lutions and by-laws as by it may be deemed proper or neces- 
sary for the well being and proper management of the 
affairs and the due execution of the powers and the proper 
exercise of the franchises of said company, not inconsistent 
with or repugnant to the laws and constitution of the state 
of Illinois or of the United States ; and all officers, agents 



EAILKOADS. 15 

and clerks of said company may be required by said board 
of directors to give satisfactory security for the full and 
faithful performance of the powers and duties devolved 
upon them respectively. 

§ 3. It shall be lawful, and said company is hereby an- May enter upon 
thorized, by their agents, officers, surveyors and engineers, lands ' 
or any of them, to enter upon, make examinations, explo- 
rations, surveys, and to locate the line of said railroad and 
branch railroad authorized to be constructed by this act, 
and to take and appropriate to their use, own and hold so 
much land upon and along the line of such railroad and 
branch railroad to the extent of and not exceeding the 
width in this act before mentioned upon making compensa- 
tion as hereinafter provided. And in like manner said 
company, in addition to the lands which may be required 
for the road beds of the said railroad and branch railroad 
and before in this act authorized to be taken, held and 
owned by said company, may take, hold, appropriate and 
own to the sole use of said company all such and so much 
land as may be needed by said company for side-tracks, 
turn-outs, stations and depots and water tank purposes for 
the convenient transaction of the business of said company ; 
but compensation for such additional lands shall be made 
as by this act hereinafter provided. 

§ 4. All lands, stone, earth, gravel and other property company may 
by this act authorized to be taken, appropriated, held or stone, etc ands ' 
owned by said company shall be paid for by said company, 
and in such sums and at such time and manner as shall be 
agreed upon between said company and the owner or 
owners of such lands, stone, earth, gravel or other property 
respectively. And if in any case said company shall, for 
any cause be unable to make a contract with the owner or 
owners, prior to the time when said company are ready to 
commence the construction of said railroad or branch rail- 
road, then in each and every such case the price or sum to 
be paid by said company shall be determined and fixed in 
the manner provided in and by the act concerning the right 
of way, approved March 3, 1845, and the act or acts amend- 
atory thereof, or supplementary thereto, the same as 
though the said act and amendatory and supplementary 
acts were incorporated herein as pari and and parcel of this 
act. 

§ 5. If any person shall willfully, maliciously or w r an- Penalties for 
tonly and contrary to law obstruct the passage of any cars, passage""^™ 
locomotive or other vehicle on said railroad or branch rail- 
road, or shall place anything thereon, or do any act or 
thing for the purpose of or with the intent to obstruct or 
impede the passage or any locomotive, car or other vehicle 
upon said railroad or branch railroad, or shall destroy, 
break, injure or damage any part of the said railroad or 
branch railroad, or any of the rolling stock of said com- 



16 RAILROADS. 

pany or any of the implements or buildings of said company, 
or any other of the structures of said company, such per- 
son or persons, and every person and all persons who shall 
aid, assist or abet the so doing, is hereby declared guilty of 
a misdemeanor, and may be indicted therefor, and upon 
conviction thereof shall be fined a sum not exceeding live 
hundred dollars, or sentenced to imprisonment in the county 
jail for a term not exceeding six months, or by both such 
fine and imprisonment as the court in its discretion shall 
think fit. And every such person so offending as aforesaid 
shall moreover be liable to, said company, in an action of 
debt to three times the damages which said company may 
sustain by or in consequence of any such aforesaid act or 
acts, and every such person shall also be further liable in 
an action on the case to every person wlio may be injured 
or whose property may be damaged by or in consequence 
of any such aforesaid act or acts, and such liability shall be 
three times the amount of the damage or injury so sus- 
tained, and such cause of action shall survive in favor of 
and against the heirs, executors and administrators of each 
person as party respectively. 
First board of § 6. The first board of directors shall formally organ - 
ganlzatioJT etc lze sa ^ company by selecting and designating one of their 
number president of said company, and by appointing a 
secretary and treasurer thereof, by the first day of October 
next. After the first board of directors, no person shall be 
elected or appointed a director who is not a stockholder, 
and upon ceasing to be a stockholder, his office of director 
shall be deemed vacant. The aforesaid organization shall 
be certified by said directors, or a majority of them, over 
their signatures in the record book of said board, and said 
certificate shall be sufficient evidence of such organization, 
and a copy thereof, certified by the secretary, under the 
seal of said company, shall be, and hereby is declared 
primary evidence in all courts of this state of the facts 
therein stated. 
Transportation § 7. Said company are hereby authorized to carry or 
property" 8 and transport upon said railroad and branch railroad persons, 
merchandise and all other kinds of property, by force or 
power of steam or other mechanical power, or by power of 
animals, or by any combination of such powers, and are 
hereby also authorized and empowered to, from time to 
time, fix and establish, take and receive such rates or tariffs 
of fare or tolls, for the transportation of freight and persons 
over or upon said railroads and each of them, as shall be 
deemed proper by the board of directors of said company. 
intersection § 8. Whenever it shall be necessary, in the construction 

wit i ' her of the railroad or branch railroad by this act authorized to 

roads, etc. J . % 

be constructed, to intersect or cross the track ot any other 
railroad, or of any common road or highway, or of any 
stream of water or water course, it shall be lawful for said 



RAILROADS. 17 

company to construct their said railroads across or upon 
such other railroads, common road, highway, stream of 
water or water course, but said company shall restore the 
same in such sufficient manner as to not materially impair 
the usefulness of such crossed or intersected other railroad, 
common road, highway, water course or stream of water. 

§ 9. Said company are hereby authorized and empow- May unite with 
ered to unite and, in connection, operate their railroad and otherioads - 
branch railroad with any other railroad now constructed or 
which may hereafter be constructed within this state or the 
states of Iowa and Wisconisn, terminating on either of the 
lines between those states and this state, upon such terms 
as may be mutually agreed upon between the companies 
whose railroads shall so unite or connect ; and for that pur- 
pose full power is hereby given the company by this act 
created to make, execute and deliver to such contracts with 
such other companies as will secure the objects contemplated 
in and by this section. 

§ 10. Said company are hereby authorized and em- May borrow 
powered to borrow money, not exceeding the sum of two " ° n n d e s y ' ls a s n '| 
million dollars, at a rate of interest not exceeding ten per mortgage pro- 
centum per annum, payable annually or semi-annually, and per y ' 
for such length of time, not exceeding twenty years, as shall 
be determined by the board of directors of said company, 
and therefor may make, execute and deliver the bonds of 
said company, either with or without interest warrants or 
coupons annexed, and with or without a provision therein 
that the same may be at par converted into the stock of said 
company, at the option of the holder or holders, in case 
such option shall be signified, in writing, to the company at 
its principal office in this state, at least three years before 
the maturity of such bonds; and to secure the payment of 
the principal sum and the interest in said bonds specified, 
said company are hereby authorized and empowered to 
mortgage its franchises, lines of railroad, in divisions or the 
whole length thereof, the net income thereof or therefrom, 
and all and singular the other property and rights and in- 
terests to and in property of the said company ; and the 
substance and form of such bonds and mortgage or mort- 
gages shall be determined by the board of directors of said 
company, and shall be contained in a resolution spread in 
full upon the records of said company and adopted, and as 
adopted by said board. Said bonds may be sold under the 
direction of said board of director*, within or without this 
state, at such rates or prices as will, in the opinion of said 
board of directors, best advance the interest of said com- 
pany in the consummation of the objects contemplated by 
this act. The sale of said bonds, or any of them, at a rate 
less than the par value thereof, is hereby declared legal, 
and by means of such discount sale none of the said bonds 
shall be in any way impaired or invalidated, but the whole 



18 RAILROADS. 

of said bonds shall be as legal, valid and binding upon said 
company as though the same had been sold at par value, 
compensation- § 11. Whenever the lands of any jemme covert, person 

oe rTai™ ad caseT, under age, non compos mentis or out of this state shall be 

for lands taken taken by said company for or in the construction of the 
railroad or branch railroad by this act authorized to be con- 
structed, said company shall pay the amount that shall be 
awarded as compensation to any such owner or owners of 
such last aforesaid lands, respectively, whenever the same 
shall be lawfully demanded of said company, together with 
interest thereon at the rate of six per centum per annum, 
recovered from the date of such award. Such compensation 
shall be estimated, assessed and awarded in the manner now 
in such cases provided by law. 

Quorum. § 12. Four directors of said company shall be a quorum 

for the transaction of or the doing any business or act ; and 
the determination or act of the majority of those present, 
when not less than a quorum, shall be as legal, valid and 
binding upon said company as though such act or determi- 
nation were the unanimous act or determination of the 
whole seven directors constituting the board of directors of 
said company. 

worktobecom- § 13. The construction of the railroad authorized to be 
s?. h tc n constructed by this act shall be commenced within live 
years, and the same railroad shall be finished within ten 
years from the taking effect hereof. 

Public act. § 11. This act is hereby declared a public act, and the 

same shall be favorably construed in all the courts of this 
state ; and all the provisions of the act to which this is an 
amendment, which conflict with the provisions of this act, 
shall be and the same are hereby repealed. 
Approved June 13, 1867. 



menced wi 
five years, 



Department of State, Springfield, Illinois, 
September 1, 186*7. 

I, Sharon Tyndale, secretary of state of the state of Illinois, do hereby 
certify that the foregoing printed laws are true and perfect copies of the 
enrolled laws on file in this office, with the exception of the words printed 
in brackets thus, [ ]. 

In testimony whereof I hereunto set may hand, the day and year afore- 
said. 

SHARON TYNDALE, 

Secretai-y of State. 



PUBLIC AND PRIVATE LAWS, 

PASSED AT SECOND SPECIAL SESSION, CONVENED JUNE 14, 1867. 



AN ACT making appropriations for the general and contingent expenses r n force June, 
of the second special session of the General Assembly. 28, 1867. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the p ay of officers 
following appropriations be and the same are hereby made *" ge^erS e &l 
to the members, officers and employees of the general sembiy. 
assembly of the state of Illinois, at the third session thereof, 
convened by the proclamation of the governor of said 
state: 

To the speakers of the senate and house of representa- speakers, 
tives, each, the sum of three dollars per day for each day 
of this session. 

To each member of the senate and house of representa- Members, 
tives the sum of two dollars per day lor each day of this 
session, commencing June 14, 1867, and extending to and 
including the day on which this general assembly shall 
adjourn sine die. 

To each member of the senate and house of representa- Mileage, 
tives, including the speakers of both houses, ten cents per 
mile for each necessary mile's travel in going to and return- 
ing from the seat of government. 

To the secretary and assistant secretaries of the senate, secretaries and 
and to the clerk and assistant clerks of the house of repre- 
sentatives, each, the sum of eight dollars per day for each 
day of this session. 

To the enrolling and engrossing clerks and assistant en- ^^osing*** 
rolling and engrossing clerks of the senate and house of clerks, 
representatives, each, the sum of eight dollars per day. 

To the serjeant-at-arms and assistant sergeant-at-arms of sergeant-at- 

. o i . . l l c arms and door- 

the senate, and door-keeper and assistant door-keepers ot keeper, 
the house of representatives, each, the sum of eight dollars 
per day. 

To the post-masters and assistant post-masters of the Postmaster*, 
senate and house of representatives, each, the sum of eight 
dollars per day. 



20 APPROPKIATIONS. 

clergymen. To the clergymen of the city of Springfield who have 

officiated as chaplains at this special session, each day they 
shall have respectively officiated, the sum of two dollars. 

Pages. To the pages of the senate and house of representatives, 

each, the sum of two dollars per day. 

Police and por- To the police officers and porters appointed by the 
speaker of either house, the sum of six dollars per day, 
each. 

John Jackson, To John Jackson, for presiding over the subterranean 

ci'osets? ieailing regions, and for attendance and cleaning of closets, the sum 
of four dollars per day, to be certified by the secretary of 
state. 

state journal To the publishers of the Illinois State Journal and Illi- 

gistef. tate Ke " no ^ s State Register, for publishing the proceedings of this 
general assembly, each, the sum of five dollars per column 
of solid nonpareil type — the standard of measure to be the 
columns published in said Journal.; to be certified by the 
secretary of state and auditor of public accounts. 

j. h. Jones, ex- To J. H. Jones, extra official reporter, for reporting in 
tra reporter. tne house of representatives for two days of this session, 
the sum of thirty dollars. 

official report- To Ely, Burnham and Bartlett, official reporters of the 
tiary commit- general assembly, the sum of one hundred and forty -five 

tee - dollars and fifty cents, being for reporting the evideuce 

taken by the special joint committee on penitentiary in 
their investigation at Joliet, and for writing out said evi- 
dence from their short-hand notes, according to their con- 
tract with said special joint committee, amounting to three 
days' reporting, at ten dollars per day, and cop} 7 ing four 
hundred and sixty-two pages of legal cap, at twenty five 
cents per page. 

official r'eport- To Ely, Burnham and Bartlett, the official reporters of 

a[ 1 s d 1 house. nate tn i s general assembly, the sum.of fifteen dollars per day 
for each of four reporters, (being two in each house) — the 
number of days of actual service to be certified by the 
speakers of each house. 

Special commit- To each member of the special joint committee on peni- 
le ° n P eniten - tentiary, for expenses incurred by them in visiting Joliet 
and procuring testimony in regard to the penitentiary, each, 
the sum of fifty dollars, except to the chairman of said spe- 
cial committee, who shall receive the sum of one hundred 
dollars. 

s. g. Paddock, To S. G. Paddock, clerk of the house of representatives, 

t penses, etc. f or ex p engeg incurred in attending special joint committee 
at Joliet, and procuring witnesses, the sum of fifty dollars. 

Assistant post- To the assistant post-master of the senate, eight dollars 

master to the j n ^, , * , . ° 

senate. per clay tor three days extra services, 

compensation- § 2. The time for which compensation is hereby allowed 

how certified. to eacn member, officer and employee of this third session 
of the twenty-fifth general assembly shall be certified by 
the speakers of the respective houses, unless where other- 



PENITENTIART 21 

wise provided, and except the time of the speakers of the 
respective houses, the senate and house of representatives, 
which shall be certified by the secretary of the senate and 
the clerk of the house of representatives — all of which shall 
be entered upon the journals, and published as a part 
thereof; and upon the presentation of said certificates to 
the auditor, he shall draw his warrant upon the revenue 
fund for the amounts to which each member and officer and 
employee, afore -aid, shall be entitled, to be paid by the 
state treasurer out ot said revenue fund in the treasury. 

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

Approved June 28, 1867. 



AN" ACT to provide for the management of the Illinois State Penitentiary i n f orC e June 

at Joliet. , 28, 1867. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That there shall Governor to a P - 
be appointed by the governor, by and with the advice and P. oint commis - 
consentofthe senate, three penitentiary commissioners, who 
shall hold their office until the first Monday in January, a. 
d. 1869. At the next regular election of representatives in 
the general assembly there shall be elected by the qualified 
voters of the state, three penitentiary commissioners, who 
shall succeed the commissioners appointed by the governor 
as aforesaid, and who shall enter upon the duties of their 
office on the first Monday in January, a. d. 1869. Said Term of office, 
commissioners, so elected, as aforesaid, shall hold their 
office, one for the term of two years, one for the term of four 
years, and one for the term of six years, to be determined 
between them by lot, before entering upon the duties of 
their office ; and biennially thereafter there shall be elected, 
at the regular election of representatives in the general 
assembly, by the qualified voters of the state, one peniten- 
tiary commissioner, who shall hold his office for the term 
of six years. 

§ 2. Each of said commissioners shall take and sub- shall take oath. 
scribe an oath or affirmation to support the constitution of 
the United States and of this state, and to diligently and 
faithfully discharge the duties of penitentiary commissioner ; 
and also the oath or affirmation prescribed by section twenty- 
six, article thirteen of the constitution of this state ; and 
each of the said commissioners shall enter into a bond to 
the people of the state of Illinois in the ptenal sum of fifty 
thousand dollars, with good and sufficient surteies, to be 
approved by the governor and auditor of public accounts. 



22 PENITENTIARr. 

conditioned for the faithful performance of his duties as 
penitentiary commissioner ; and the governor and auditor of 
public accounts upon discovering any default or delinquency 
on the part of said commissioners or either of them, or 
upon the application of any surety on said bond, shall have 
power, and it shall be their duty, at any time to require ad- 
ditional security or a new bond of said commissioners or 
either of them, and the state shall have a lien upon the real 
property of the principal in said original and supplemen- 
tary bonds, from the time of the execution and approval of 
the same, which bond and oath or affirmation shall be filed 
in the office of the secretary of state before such commis- 
sioner shall enter upon the duties of his office. 
C n"™o M be n con- § 3 - ^'° P er8on shall be appointed or elected to the 
tractor, etc. office of penitentiary commissioner who is a contractor in 
the penitentiary, or the agent or employee of any such con- 
tractor, or who is interested, either-directly or indirectly, in 
any kind or branch of business in said penitentiary, or who 
shall at the time hold any other office under the laws of 
this state, and no such commissioner shall hold any other 
office or accept any appointment under this or any law of 
this state during his continuance in office as such commis- 
sioner ; and in case any such commissioner shall become so 
interested, either directly or indirectly, at any time during 
his term of office, or shall accept of any other office or ap- 
pointment under the laws of this state, or who shall be 
guilty of any delinquency in the discharge of his duty, mis- 
conduct in office or any other cause which materially affects 
his usefulness or fidelity, it shall be cause for his removal 
from said office; and upon satisfactory information given of 
such fact or facts the governor is hereby authorized and re- 
quired to remove such commissioner — which removal and 
the cause thereof shall be reported by the governor to the 
next general assembly. And in case of such removal, or 
of any other vacancy in the office of penitentiary commis- 
sioner, by death, resignation, failure or refusal to act, or 
otherwise, such vacancy shall be tilled by appointment by 
the governor until the next regular election of representa- 
tives in the general assembly, and the qualification of the 
person so elected ; and at such election a commissioner 
/ shall be elected to till such vacancy. The governor shall 

not remove from office any commissioner for any of the 
causes alleged in this section of this act, unless upon infor- 
• mat ion of some credible person verified by his or her affi- 
Qovemor may davit, that some one or more of such causes exist ; where- 
missfoners! om * upon the governor shall, if he deem it necessary, suspend 
such commissioner from the further exercise of the duties 
of his office, until after the examination hereinafter provi- 
ded for. Upon such suspension by the governor he shall im- 
mediately notify the commissioner complained of, of the 
making of such complaint, and appointing a time and place 



PENITENTIARY. 23 

not less than thirty nor more than sixty days from the date 
thereof: Provided, that service of such notice shall be at 
least ten days prior to the examination, when and where 
the governor of the state will hear testimony for and against 
the commissioner complained of. Such notice shall be 
served as ordinary summons is, except that in case such 
commissioner shall have fled from the state, the notice may 
be left at the last residence, within this state, of such com- 
missioner. At such time and place the commissioner com- 
plained of may be represented by counsel, and may intro- 
duce testimony in his behalf. Such examination shall be 
public and shall be confined to the causes alleged in such 
information and notice. Upon the close of such examina- 
tion the governor shall restore to office or permanently 
remove therefrom such commissioner. 

§ 4. It shall be the duty of the penitentiary commis- to take posses- 
sioners, appointed under the provisions of this act, on the temiary. pem " 
thirtieth day of June, a. d. 1867, or as soon after their ap- 
pointment as practicable, to proceed to the Illinois state 
penitentiary, located at Joliet, in the county of Will, and 
for and on behalf of the state of Illinois, to take immediate 
and full possession of said penitentiary and the convicts 
therein, and all the machinery, fixtures, soods, chattels and 
property in and about said penitentiary, belonging to the 
state of Illinois, or in which said state is in any way or 
manner interested, and keep and hold the same for and on 
behalf of said state, and to make all necessary provisions for 
the feeding, clothing, guarding and safe keeping of said 
convicts ; and said commissioners shall thereafter have the 
general charge, superintendence, management and control 
of said penitentiary and of the convicts therein. 

§ 5. The said penitentiary commissioners, or a majority Warden to be 
of them, shall appoint a warden of said penitentiary, who take oath and 
shall hold his office for the term of six years, unless sooner s lvebond - 
removed by said commissioners ; but in case of such 
removal the reasons therefor shall be entered upon the 
journal of said penitentiary. The warden, before entering 
upon the duties of his office, shall take and subscribe an 
oath or affirmation to support the constitution of the United 
States and of this state, and to diligently and faithfully dis- 
charge the duties of his office ; and also the oath or affirma- 
tion prescribed by section twenty-six, article thirteen of the 
constitution of this state. And he shall also enter into a 
bond to the people of the state of Illinois, in the penal sum 
of twenty-five thousand dollars, with good and sufficient 
sureties, to be approved by the governor and by the said 
commissioners, or a majority of them, conditioned for the 
faithful performance of the several duties which are hereby 
or which may from time to time be required of him by law; 
which said bond, and oath or affirmation, shall be deposited 
in the office of the secretary of state. 



24 PENITENTIARY. 

Deputy warden, § 6. The warden shall have power, by and with the 
steward to* be advice and consent of the commissioners, or a majority of 
appointed. them, to appoint a deputy warden, clerk and steward, who 
shall each be required to take and subscribe the usual oath 
of office, and give bond to the people of the state of Illi- 
nois in the penal sum of three thousand dollars, with good 
and sufficient sureties, to be approved by said commission- 
ers, or a majority of them, conditioned for the faithful dis- 
charge of the duties of their respective offices. Said deputy 
warden, clerk and steward shall be subject to removal by 
said warden, and they shall perform such duties as shall be 
required of them by said warden, or which may be required 
of them by the rules, orders and regulations of said com- 
missioners. Said warden shall also employ such number of 
assistant keepers and guards as shall be necessary, who 
shall at all times be subject to his orders, and perform such 
Matron, etc. duties as he shall require of them. Said warden shall also 
appoint a matron, and such assistant matrons as may be 
necessary, not exceeding one for each twenty-five female 
convicts in said penitentiary, who shall perform such duties 
in respect to said female convicts as said warden may re- 
contractor or quire of them. No person shall be appointed warden or 
contactor not deputy warden, clerk or steward, or to any other employ- 
to be clerk, ete rnent in the penitentiary, under this act, who is a contractor 
in the penitentiary or the agent or employee of any such 
contractor, or who is interested either directly or indirectly 
in any kind or branch of business carried on in such peni- 
tentiary, or who shall at the time hold any other office under 
the laws of this state. And no such warden, deputy war- 
den, clerk or steward, or other employee, shall hold any 
other office or accept any other appointment under this or 
any other law of this state during his continuance in such 
employment. And in case any such warden, deputy war- 
den, clerk, steward or other employee, shall become so 
interested either directly or indirectly at any time during 
the term of his employment, or shall accept any other office 
or appointment under the laws of this state he shall be re- 
moved by the said commissioners, 
commissioners § 7. It shall be the duty of said commissioners to meet 
iy, m make° n ex- at said penitentiary at least as often as once in each month, 
animations, etc au( j ag muc } 1 oftener as the proper control and superintend- 
ence of said penitentiary shall require. They shall exam- 
ine and inquire into all matters connected with the govern- 
ment, discipline and police of said penitentiary, the punish- 
ment and employment of the convicts therein confined, the 
money concerns and contracts for work, and the purchase 
and sales of the articles provided for said penitentiary or 
sold on account thereof. They shall make and put in force 
all such general rules, regulations and orders, for the gov- 
ernmentand discipline of said penitentiary, as they may 
deem expedient, and may, from time to time, alter and 



PENITENTIARY. 25 

amend the same; and in making such rules and regulations 
it shall be their duty to adopt such as in their judgment, 
while consistent with the discipline of the penitentiary, 
shall bet-t conduce to the ref rmation of the convicts. They 
shall make all necessary and suitable provisions for the em- 
ployment of said convicts, subject to the limitations and 
provisions hereinafter contained. They shall inquire into 
any improper conduct which may be alleged to have been 
committed by the warden, or other officers or employees of 
said penitentiary, and for that purpose may issue subpoenas 
and compel the attendance of witnesses, and the produc- 
tion before them of writings and papers, and may examine 
any witnesses, on oath, who shall appear before them. 

§ 8. They shall require reports from the warden and Reports from 
other officers of said penitentiary in relation to any and all other officers, 
matters connected with the management, operations, busi- 
ness, government, discipline and property of said peniten- 
tiary, and with the conditi >n, conduct and employment of 
the convicts confined therein; and they shall make a bien- 
nial report to the governor of the state and condition of 
said penitentiary and convicts ; of all moneys expended 
and received, and on what account expended and received; 
of all contracts entered into during the two preceding years, 
for the employment of convicts, or for furnishing of sup- 
plies, or for any other purpose, and the terms of such con- 
tracts, stating what portion of each contract has been per- 
formed, and the several sums of money received or expend- 
ed thereon ; and shall also include in said biennial report 
an abstract of all reports made to them by the officers of 
said penitentiary, during the preceding two years. 

§ 9. They shall keep regular minutes of their meetings commissioners 
and proceedings at said penitentiary, and shall cause the u°tesf eep m ' a ~ 
same, together with all orders, rules and regulations adopt- 
ed by them, to be entered and recorded in a book which 
shall be kept for that purpose, in said penitentiary. 

§ 10. They shall prescribe the articles ot food and the Food for con- 
quantities of each kind which shall be provided for said bribed bythe 
convicts, and shall determine the number of hours per day commissioner » 
during which said convicts shall be required to labor. 

§ 11. They shall cause a full and accurate inventory inventory, etc. 
and appraisement of all and singular the machinery, fix- 
tures, goods, chattels and property of every description be- 
longing to the state, in and about said penitentiary, to be 
made under oath, by two or more competent appraisers, to 
be appointed for that purpose by said commissioners, and 
immediately make an inventory of all the machinery, fix- 
tures, goods, chattels and property of every description, and 
at least once in each year thereafter, and shall cause a copy 
of such inventory and appraisement to be tiled in the office 
of the auditor of public accounts, and another copy thereof, 
to be appended to their biennial report to the governor. 
—3 



26 PENITENTIARY. 

warden to re- § 12. It shall be the duty of the warden to reside in 

teniiary, etc" 1 " and attend constantly at the penitentiary, except when 

absent on some necessary duties connected with his office, 

in which case his duties at said penitentiary shall, during 

such absence, be performed by the deputy warden ; and in 

no case shall the warden and deputy warden be absent from 

the penitentiary at the same time. 

warden to ex- § 13. The warden shall exercise a general supervision 

luperviafon, ral over the government, discipline and police regulations of 

make daily ex- sa [^ penitentiary, in accordance with the orders, rules and 

animations, r J > . . 

general orders regulations ot said commissioners ; and shall see that such 
etc * orders, rules and regulations are duly enforced ; and shall 

give the necessary directions to the officers and guards, and 
examine whether they have been careful and diligent in the 
discharge of their several duties. He shall examine daily 
into the state of the penitentiary, and into the health, con- 
dition and sate keeping of the convicts, and shall inquire 
into the justice of any complaints made by any of the con- 
victs relative to their provisions, clothing and treatment. 
He shall make such general orders or rules for the govern- 
ment ot the subordinate officers and employees of said 
penitentiary as he may deem proper, subject to the ap- 
proval of said commissioners. Such rules and orders shall 
be in writing, and shall be entered in a book to be kept by 
the warden for that purpose, and shall be subject to any 
alteration or amendment by said commissioners, 
warden to keep § 14:. The warden shall keep a daily journal of the pro- 
daiiy journal. cee di n gs of the penitentiary, in which shall be entered a 
note of every infraction of the rules and regulations of the 
penitentiary, by any officer or employee thereof, which 
shall come to his knowledge, or by any convict in said 
penitentiary ; and of every punishment inflicted on a con- 
vict, the nature and amount thereof, and by whom inflicted; 
and, also, a memorandum of every well-founded complaint, 
made by any convict, of bad or insufficient food, want of 
clothing, or cruel or unjust treatment. Such journal shall 
be kept open at all times for the inspection of the commis- 
sioners. 
Monthly report. § 15. He shall make a monthly report to the commis- 
sioneis, stating the names of all convicts received into the 
penitentiary during the preceding month ; the counties in 
which they were tried ; the crimes of which they were con- 
victed ; the nature and duration of their sentences; their 
former trade, employment, or occupation ; their habits, 
color, age, place of nativity, degree of instruction, and a 
description of their persons ; and also stating in such re- 
port the names of all the convicts pardoned or discharged 
during the preceding month, and all other particulars in re- 
lation to the persons so pardoned or discharged that are 
required to be stated in relation to convicts received into 



PENITENTIARY. 



27 



the penitentiary ; and he shall also make all such other re- 
ports as shall be required of him by said commissioners. 

§ 16. The warden shall attend to the fiscal concerns of Fiscal affairs. 
the penitentiary, under the direction of said commissioners, 
and shall use his best endeavors to defray all the expenses 
of the penitentiary by the labor of the convicts. He shall 
superintend the labor of the convicts when employed in 
manufactures or other work on behalf of the state, and 
shall act under the direction of said commissioners in 
making contracts for the employment of the labor of the 
convicts, and for furnishing the necessary supplies for their 
support, and in purchasing such raw material as may be 
required to be manufactured by convict labor, and in taking 
charge of the articles manufactured, and selling and dis- 
posing of the same for the benefit of the state. 

§ 17. He shall render to said commissioners, on the first Monthly finaa- 
day of each month, a full and accurate account of all c repor ' 
moneys received by him, and all sums of money expended 
by him, during the preceding month — showing on what ac- 
count received and expended — and shall accompany said 
report with proper vouchers of all of said expenditures ; 
which report shall be verified by the oath of the warden. 

§ 18. He shall take charge of all money and other arti- To take charge 
cles of property which may be brought to the peniten- property? an 
tiary by the convicts, and cause the same, immediately on 
the receipt thereof, to be entered among the receipts of the 
prison ; which money or other articles, whenever the con- 
vict from whom the same was or were received shall be dis- 
charged from the penitentiary, or the same shall be other- 
wise legally demanded, shall be returned by the warden to 
such convict or other person legally demanding the same. 
He shall also furnish each convict who shall be discharged T - h fa ^ A *^ 
from the penitentiary, by pardon or otherwise, with a suita- victs clothing 
ble suit of citizens' clothing, and shall also furnish such andmone y- 
convict with transportation and a sufficient sum of money 
to pay his reasonable expenses to the place of his convic- 
tion ; but said warden may, in his discretion, pay to such 
convict the equivalent of such transportation money. 

§ 19. Said warden shall preserve in the penitentiary a Reports made 
set of all official reports made to the governor respecting t0 s° vernor - 
said penitentiary, and a set of similar reports in relation to 
the penitentiaries of other states, so far as he shall be able 
to obtain tbe same; and for which purpose a suitable num- 
ber of the reports of said penitentiary, when printed, shall 
be supplied to him by the secretary of state, to exchange 
with the penitentiaries of other states. 

§ 20. The said commissioners shall have power and Powers of com- 
they are hereby required to appoint a chaplain for said 
penitentiary, whose duty it shall be — 



missioners. 



28 PENITENTIARY. 

First. — To perform religious services in the peniten- 
tiary under such regulations as the commissioners may 
prescribe, and to attend the spiritual wants of the convicts. 

Second. — To visit the convicts in their cells lor the pur- 
pose ot giving them religious and moral instruction. 

Third. — To furnish at the expense of the state a bible to 
each convict. 

fourth. — To take charge of the library and take care 
that no improper books are introduced into the cells of the 
convicts, and if any such books shall be found either in the 
cells or in the possession of the convicts, to take away and 
return the same to the commissioners ; and for the purpose 
of properly discharging these duties, to visit, weekly, each 
cell in the penitentiary. Such books, so taken away from 
said convicts, shall not be returned to them without the ex- 
press order of said commissioners. 

fifth. — To visit daily the sick in the hospital. 

Sixth. — To make an annual report to the commissioners, 
up to the 1st day of December, relative to the religions and 
moral conduct of the convicts during the preceding year, 
stating therein what services he shall have performed, and 
the fruits, if any, of his instructions, together with any 
other facts relat'ive to sai I convicts which he may see 
Chaplain's duty proper to report. It shall be the duty of the chaplain, 
when required by the commissioners, to give instruction 
in the useful branches of an English education to such con- 
victs as in the judgment of the warden may require the 
same, and be benefited thereby, and be entitled to the same 
by previous good conduct. Such instruction may be given 
for such length of time daily as said commissioners shall 
prescribe, Sunday excepted, between the hours of six (6) 
and nine (9) p. m. 
to make quar- § 21. The chaplain shall make a quarterly report to the 
«tc! y reports ' commissioners, in case such instruction shall be given, stating 
the number of convicts that have been instructed during 
the last quarter, the branches of education taught, the text 
books used, the progress made by the convicts, and note 
especially any cases in which unusual progress has been 
made by a convict. 
Labor of con- § 22. It shall be the duty of said commissioners forth- 
edout? be h ' r " with, after taking possession of said penitentiary, to adver- 
tise for sealed bids or proposals for the hire of the labor of 
the convicts in said penitentiary, in such numbers and for 
6uch period as they may think advisable, not exceeding two 
years, such advertisement to be published at least thirty 
days in two daily papers published in the city of Chicago, 
two daily papers published in the city of Springfield, and 
two daily papers published in the city of St. Louis, speci- 
fying the number to be employed ; and at the expiration of 
said term of thirty days, said commissioners may open said 
bids, aud enter into contracts for working the convicts upon 



PENITENTIARY. 29 

such branches of business as, in their judgment, will best 
subserve the interests of the state and tend to promote the 
welfare of the convicts. All contracts for working con- 
victs shall be given to the highest bidder, if the price bid 
shall be a fair and reasonable compensation for the labor of 
the convicts. Each bid shall be accompanied by a bond, 
with good and sufficient sureties, in such sum as the com- 
missioners shall determine, conditioned, that in case the bid 
is accepted by the commissioners, the persons making the 
same will execute a bond, with good sureties, as aforesaid, 
conditioned for the faithful performance of such contract on 
their part, and no bid or proposals shall be received unless 
such bond accompany the same. 

§ 23. If the bids made should be less than a fair and Bids to be re- 
reasonable compensation for the labor thus bid for, the com- tairfcases. 
missioners may, at their discretion, decline to contract at 
the rates offered, and shall immediately thereafter proceed 
again to advertise for a new letting, as before ; and shall 
so continue to advertise the letting of contracts until the 
same shall be successful. And in the meantime all con- 
victs not contracted for according to the provisions of this 
section, shall be hired or otherwise employed, by the com- 
missioners and warden, in such manner as they may deem 
most conducive to the interests of the state. Such employ- 
ment shall be regarded as temporary, to terminate at any 
public letting. 

§ 24. The said commissioners are hereby authorized to commissioners 
employ the labor of any of the convicts, which for the time vict'iabor J C e°tc* 
being shall not be hired out, in completing the penitentiary 
building and grading and improving the grounds within 
and appurtenant to said penitentiary, according to the 
plans and specitications heretofore adopted ; and said com- 
missioners are further authorized at any time hereafter to 
employ the labor of any of said convicts which, for the 
time being, shall not be let, upon any other public works 
or buildings which the state may hereafter be in process of 
erecting, so tar as such work can be advantageously per- 
formed at said penitentiary. 

§ 25. Said commissioners are hereby authorized to con- To contract for 

in . . i i • i • • /• n i i supplies. 

tract tor provisions, clothing, medicines, torage, fuel and 
other supplies for the penitentiary, for any period of time 
not exceeding one year, and such contract shall be given to 
the lowest bidder, at a public letting thereof, if the price bid 
is a fair and reasonable one, and not greater than the usual 
market value and price. Each bid shall be accompanied 
by a bond in such penal sum as said commissioners shall 
determine, with good and sufficient sureties, conditioned 
for the faithful performance of the terms of such contract. 
Notice of the time, place and conditions of the letting of 
each contract shall be given, for at least four consecutive 
weeks, in two daily newspapers in the city of Chicago, and 



30 PENITENTIARY. 

in such other papers as the commissioners may deem ex- 
pedient. It" all the bids made at such letting are deemed 
unreasonably high, the commissioners may, in their dis- 
cretion, decline to contract, and may again advertise for 
proposals, and may so continue to renew the advertisement 
until satisfactory contracts may be had ; and in the mean- 
time the commissioners may contract with any one whose 
offer maybe regarded just and proper; but no contract 
thus made shall be let to run more than sixty days, or shall 
in any case extend beyond the public letting. No bids 
shall be accepted, and a contract entered into, in pursuance 
thereof, where such bid is higher than any other bid made 
at the same letting for the same article, and where a con- 
tract can be had at such lower bid. When two or more 
bids for the same article are equal in amount, the commis- 
sioners may select the one which, all things considered, may 
by them be thought best for the interests of the state, or 
may divide the contract between the bidders as in their 
discretion may seem proper and right : Provided, no con- 
tract shall be given, or purchase made, where either of 
the commissioners or any of the officers of the penitentiary 
is interested. All contracts or purchases made in violation 
of this provision shall be void. 
Commissioners § 26. It shall be the duty of the commissioners, when- 
iabor ap to°co°r£ ever they shall deem it expedient, to so make contracts for 
victs on cer- letting the labor of convicts as to permit each convict who 

tain terms. O , ... . , 1 • i 1 

performs his task in a workmanlike manner to have a cer- 
tain amount of labor allotted him each day for a day's 
work, and the time gained after the performance of such 
task may be occupied in labor for contractors — the labor to 
be at the same rate the contractors pay the state for the 
same work, or at such rate not less than that which may be 
agreed upon between such contractors and convicts; and if 
any convict who shall have so made over-work shall, for 
any cause, be unable to make • full work on any other day 
or days, no deduction shall be made from his over- work 
earnings on that account. It shall be the duty of the 
officer in immediate charge of the convicts to take daily 
account of the over-work so made, and to return the 
same to the clerk at the end of each month. The money 
so earned shall be paid to the said commissioners, and 
shall be collected the same as money due the state from the 
contractors ; and an accurate and detailed account of all 
such moneys, by whom earned, time when, amount, and to 
whom payable, shall be kept, under the direction of the 
commissioners, in a book provided for that purpose; and 
they shall also cause the same to be entered monthly in a 
pass-book, which the convict may keep for that purpose. 
Contracts to pay 8 27. It shall be the dutv of the contractor, at the close 

amount of over n i .* i ± i " • ^i 

work of oon- of each month, to pay the commissioners the aggregate 
S?Mioneri. om " amount then in his hands belonging to the several convicts 



PENITENTIARY. 31 

for over-work. The commissioners shall receive and receipt 
for the money the same as for other moneys due from such 
contractors to the state. The commissioners shall open 
and keep an account with the fund to be denominated the 
" convicts' over-work fund." Each convict, at the close of 
his term, may draw from the commissioners his proportion 
of said fund. Such convict may at any time, with the ap- 
probation of the warden, draw from the commissioners tbe 
amount due him from the said fund, or any part thereof, 
for the purchase of books or magazines, for the use of the 
convict ; which said books or magazines shall be purchased 
for the convict by or under direction of the warden at the 
lowest cash price at which they may be obtained of the 
publishers, for which no commission shall be charged ; but 
no cost shall accrue to the state for postage or other ex- 
penses which may arise under this section. The convict 
may also, in the manner above provided, at any time draw 
money which is due him for the purpose of transmitting the 
same to his family or friends, for their use, or to be invested 
for him ; but for any other use the convict is hereby pro- 
hibited from drawing money from said fund until his re- 
lease. 

§ 28. Facilities for attending religious services regu- Religious ser- 
larly on Sunday shall be afforded each convict, so far as llctl ° r c ° n " 
the same can be done judiciously, and upon no pretext 
shall a convict, on contract, be required to labor on Sunday, 
nor shall any convict be compelled to do other than neces- 
sary labor for the state on that day. 

§ 29. The said commissioners shall appoint a physician Physician to be 
for said penitentiary, whose duty it shall be — dutk S med_hi3 

First — To attend, at all times, to the wants of the sick 
convicts, whether in the hospital or in their cells, and to 
bestow upon the same all necessary medical service. 

Second — To examine, weekly, the cells of the convicts for 
the purpose of ascertaining whether they are kept in a 
proper state of cleanliness and ventilation, and report the 
same, weekly, to the warden. 

Third — To examine, at least once in each week, and 
oftener if he think proper, into the quality and state of the 
provisions provided for the convicts; and whenever he 
shall have reason to believe that any of such provisions 
are prejudicial to the health of the convicts, he shall im- 
mediately make report thereof to the warden. He shall 
also have power, and it shall be his duty, to prescribe the 
diet of sick convicts, whether in the hospital or in their 
cells, or elsewhere, and his directions in relation thereto 
shall be followed by the warden. 

fourth— To keep a daily record of all admissions to the 
hospital, and of cases treated in the cells or elsewhere, indi- 
cating the sex, color, nativity, age, occupation, habits of 
lite, crime, period of entrance and discharge from the hos- 



32 PENITENTIARY. 

pital, disease, and the prescriptions and treatment of each, 
case. 

J-ifth — To make report, monthly, to the commissioners, 
of patients received into the hospital, or treated in the 
cells, or elsewhere, during the month, stating their respec- 
tive ages, color, disease, occupation in prison, quantity and 
kind of medicine administered during the month, time 
they shall have remained in hospital, date of commence- 
ment and termination of treatment, number of deaths 
(stating the cause of such deaths), and the number of days 
during which such convicts, in consequence of such sick- 
ness, shall have been relieved from labor. 

Sixth — To make a yearly report to the commissioners of 
the sanitary condition of the penitentiary for the past year, 
in which all the information contained in his daily record 
and his monthly reports shall be condensed. 

§ 30. It shall be the duty ot said physician, in case of 
anj' convict claiming to be unable to labor by reason of 
sickness, to examine such convict; and if it is his opinion, 
upon such examination, that such convict is unable to labor, 
he shall immediately certify the same to the warden, and 
such convict shall thereupon be relieved from labor and 
admitted to the hospital, or placed in his cell, or elsewhere, 
for medical treatment, as said physician shall direct, having 
a due regard for safe keeping of such convict; and such con- 
vict shall not be required to labor so long as, in the opinion 
of said physician, such disability shall continue; and when- 
ever said physician shall certify to the warden that such, 
convict is sufficiently recovered to be able to labor, said 
convict shall be required to labor, but not before. 
Salaries- § 31. The annual salaries of the officers of said peni- 

tentiary shall be as follows: 

That of tiie commissioners, each fifteen hundred dollars. 

That of the warden, twenty-tive hundred dollars. 

That of the deputy warden, eighteen hundred dollars. 

That of the clerk, one thousand dollars. 

That of the steward, eight hundred dollars. 

That of the chaplain, twelve hundred dollars.. 

That, of the physician, one thousand dollars. 

The matron, assistant matron, assistant keepers and 

guards, and all other employees of the penitentiary, shall be 

paid such sum per month as said commissioners shall direct. 

commissioners § 32. In case said commissioners are unable to lease 

tools andnfr tne labor of said convictsor of any portion of said convicts at 

ploy convicts reasonable rates, after having advertised for proposals for 

in certain cases . • , ~ . J . \ . 

bids tor such labor at least tor two periods ot thirty days, 
as hereinbefore provided; and if the same can not be advan 
tageously employed in completing the penitentiary build- 
ings and grounds, or upon other public works or buildings 
in process of erection by the state, it shall be lawful for 
said commissioners, and it is hereby made their duty to 



PENITENTIARY. 



33 



provide for the employment of the labor of such convicts in 
said penitentiary in such manufacturing or mechanical 
business, on behalf the state, as in their judgment will be 
most remunerative to the state ; and for that purpose said 
commissioners are hereby authorized to procure on behalf 
of the state, in case it shall become necessary to so employ 
such convict labor, all necessary tools, machinery and 
fixtures for the carrying on such mechanical or manufacturing 
business by said convict labor, and said commissioners shall in 
such case provide for the purchase of all necessary unmanu- 
factured material so as to keep the convicts so employed, 
continually supplied therewith, and for the most advanta- 
geous disposition and sale for the state of all manufactured 
articles. The proceeds of all sales of such manufactured 
articles shall go into the general fund in the hands of said 
commissioners, to be used in carrying on said penitentiary 
and maintaining the convicts therein. 

§ 33. The said commissioners shall be the custodians of custodian of 
all funds belonging to said penitentiary, whether arising 
from the avails of the labor of the convicts, the sales of 
manufactured articles, or appropriations made by the general 
assembly or otherwise; and all such money, when collected 
or received by the warden or other officer, shall be imme- 
diately paid over to them, and said commissioners shall, 
from time to time, pay over to said warden or his order, 
such sum or sums of money as they may deem requisite for 
the purpose of defraying the necessary expenses of said 
penitentiary, not, however, in such sums as to place in the 
hands of the warden more than the sum of five thousand 
dollars at any one time. 

§ 34. The auditor of public accounts shall, from time to Auditor to draw 
time, draw his warrant on the treasurer in favor of said v*r of com- 
commissioners, for such portions of any appropriations that 
shall be made by the general assembly, for the purpose of 
carrying on and maintaining said penitentiary, as shall, 
from time to time, become necessary for said commissioners 
to expend in and about carrying on and maintaining said 
penitentiary; but said commissioners shall not obtain said 
auditor's warrants on account of any such appropriation, 
faster than the same is actually required for the purposes 
aforesaid. Such warrants of the auditor shall be paid by 
the treasurer to said commissioners, or their order, out of 
any funds in the treasury applicable thereto. Said com- commissioners 
mission ers shall make to the auditor, on the first day of j^to?"* *° 
each month, a detailed statement of all moneys received 
and expended during the preceding month, and accompany 
such report with proper vouchers of all such expenditures — 
duplicates of such vouchers to be retained by said commis- 
sioners at the penitentiary. They shall at the same time file 
with said auditor an estimate of the probable receipts and 
expenditures of said penitentiary for the succeeding month, 



missioners. 



34 PENITENTIARY. 

and shall pay over to the state treasurer all moneys then in 
their custody belonging to said penitentiary, not necessary 
for defraying said estimated expenditures for the month 
next succeeding, and the funds so paid in shall be kept 
separate from other funds in the state treasury, and shall 
be subject to the order of said commissioners, on the war- 
rant of the auditor in the same manner as appropriations 
made by law. 
convicts not to § 35. It shall not be lawful in said penitentiary to pun- 
wh?pp^g e y ish any convict by whipping in any case whatever. If, in 
the opinion of the warden, it shall be deemed necessary in 
any case to inflict unusual punishment, in order to produce 
the entire obedience or submission of any convict, said 
warden shall have power to punish such convict by solitary 
confinement in a dark cell, and by deprivation of food, 
except bread and water, until such convict shall be reduced 
to submission and obedience. 
officers to re- §36. Whenever several convicts combined, or any single 
convic°ts e . neeofcon y ict shall offer violence to any officer or guard of the 
penitentiary, or to any convict, or do or attempt to do any 
injury to any building or workshops, or any appurtenances 
thereof, or shall attempt to escape, or shall disobey or resist 
any lawful command, the officers of the penitentiary shall 
use all suitable means to defend themselves, to enforce the 
observance of discipline, to secure the persons of the 
offenders, and to prevent such attempted violence or escape ; 
and if the guards employed in said penitentiary, or any of 
them, should, in the attempt to prevent the escape of any 
convict, or in attempting to retake any convict who has 
escaped, or in attempting to prevent or suppress a riot, 
revolt, mutiny or insurrection, take the life of a convict, 
such guard shall not be held responsible therefor, unless the 
same was done unnecessarily or wantonly. 
commissioners § 37. In case the labor of said convicts, or any portion 
foremen m e tc° y thereof, shall be employed in manufacturing or other 
business, in behalf of the state, it shall be lawful for said 
commissioners to employ all such artisans and foremen as 
shall be necessary for conducting such business, and the 
same shall be paid such sum as said commissioners shall 
determine. 
crimes commit- § 38. The several courts of Will county having criminal 
to be fctoiuto jurisdiction shall take cognizance of all crimes committed 
win county. w ithin said penitentiary by the convicts therein confined, 
and said courts shall try and punish all such convicts 
charged with such crimes, in the same manner and subject 
to the same rules and limitations as are now established by 
law in relation to other persons charged with crimes in said 
county ; but in case of conviction the sentence of said con- 
vict shall not commence to run until the expiration of the 
sentence under which he is then held in confinement in said 
penitentiary: Provided, that in case such convict shall be 



PENITENTIARY. 35 

sentenced to punishment by death, such sentence shall be 
executed at such time as the court shall fix, without regard 
to the sentence under which such convict may be held in 
said penitentiary. 

§ 39. It shall be the duty of the said commissioners to commissioners 
report to the general assembly, from time to time, such amendments*" 
amendments to this act as in their judgment shall be neces- assembly 116 ™ 1 
sary in order to secure the best, most economical and safest 
administration of the affairs of said penitentiary. 

§ 40. The act of the general assembly entitled "An act Former acts re- 
to lease the penitentiary," approved February 27, 1867, and P ealed - 
an act entitled " An act supplementary to an act entitled 
'an act to lease the penitentiary,' " approved March 5, 1867, 
are hereby repealed. So much of an act entitled "An act 
to enable the governor to appoint a warden and to provide 
for the government and discipline of the state penitentiary," 
approved March 6, 1867, as authorizes the appointment of 
a warden of said penitentiary, and all parts of said act 
inconsistent with this act, are hereby repealed. 

§ 41. The office of commissioners created by section office of com- 
five ol an act entitled "An act to make additional provis- JgJS™ act 
ions for the penitentiary," approved February 19, 1861, is abolished. 
hereby vacated and abolished, and the penitentiary com- 
missioners to be appointed under this act shall supersede 
the commissioners appointed under the section aforesaid, 
and said last named commissioners are hereby required to 
surrender to the commissioners to be appointed under this 
act all the books, papers, plans, specifications and property, 
belonging to the state, in their custody or under their con- 
trol, at the first meeting of said new commissioners. 

§ 42. The said commissioners appointed under this act powers and 
shall possess all the powers and perform all the duties of m1ss!oners! m ' 
the commissioners appointed under the section aforesaid, so 
far as the same are not inconsistent with this act. Said 
commissioners heretofore appointed under said section five 
of the act aforesaid, shall however hold their office until 
the commissioners provided for by this act shall be duly 
appointed and qualified. 

§ 43. The said commissioners shall appropriate a sum Books to be 
not exceeding seven hundred and fifty dollars, to be harden? 3 by 
expended by the warden, under their direction, for the 
purchase of suitable books for the use of the prisoners, and 
for the increase and preservation of the library of the 
penitentiary, and of which the chaplain shall have charge 
as librarian. 

§ 44. It shall be the duty of said commissioners imme- Temporary pro- 
diately on taking possession of said penitentiary, to make l™ t ° s a for con " 
provision for temporarily supplying the convicts therein 
with food, clothing, bedding, and other necessaries, until 
permanent arrangements shall be made by them for obtain- 
ing such supplies for said convicts. 



36 PENITENTIARY. 

chaplain to § 46. It shall be the duty of the chaplain to read to the 
prisoners 8 t0 convicts, at least once in each week, the rules and regula- 
tions of the penitentiary, so far as the same relate to such 
convicts, and to make such explanations of the same as he 
shall deem proper, 
insane prison- § 46. If any case of insanity shall occur in said peni- 
mo S ved to e jack- tentiary, such insane person shall at once be removed to 
sonviiie. the insane hospital at Jacksonville, at the expense of the 
state ; and should said patient recover before his or her 
time of imprisonment shall expire, he or she shall be 
returned to said penitentiary ; and it is hereby made the 
duty of the superintendent of the said hospital for the 
insane to receive into said hospital and treat all such insane 
convicts, as in other cases of insanity. 

§ 4'7. All laws or parts of laws inconsistent with this 
act are hereby repealed, and this act shall take effect and 
be in force from and after its passage. 
Approved June 28, 1867. 



AN ACT to provide for paying the expenses of carrying on and maintain- 
In force June * n ° * ne Illinois State Penitentiary at Joliet. 

28, 1867. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That for 
the purpose of carrying on and maintaining the Illinois 
Appropriation State Penitentiary located at Joliet, in the county of Will, 
on r pen!te"tiarf and of defraying the expenses of feeding, clothing and em- 
ploying the convicts therein confined in accordance with 
the provisions of the act of the general assembly passed at 
the present session entitled "An act to provide for the 
management of the Illinois State Penitentiary at Joliet," 
the sum ot three hundred thousand dollars be and the same 
is hereby appropriated out of any money in the treasury ; 
which sum of money, or so much thereof as may be neces- 
sary, shall be drawn from the treasury in the manner and 
subject to the limitations prescribed in the act above men- 
tioned. 

§ 2. That to meet any deficit in the revenue fund, when- 
Deficiencies- ever the same shall be insufficient for the purposes of this 
how provided ac( .^ fa Q g 0vernor? auditor and treasurer are hereby autho- 
rized to issue bonds of the state of Illinois and sell or dis- 
pose of the same at the best price to be obtained therefor, 
in money, at not less than par, the proceeds of which sale 
shall be used in payment of the appropriations made by 



LARCENY. 37 

this act. The amount of bonds so issued and sold shall not 
exceed the sum of fifty thousand dollars in the aggregate, 
and the same may be issued on the blanks prepared for the 
issue of refunded stock pursuant to an act entitled "An act 
in relation to the payment of the principal and interest of 
the state debt," approved February 22, 1859, and shall bear 
six per cent, interest, payable semi-annually, and reimburs- 
able at the pleasure of the state after the year a. d. 1867 ; 
said bonds shall be entitled to be purchased by the gov- 
ernor or redeemed in the same manner as other bonds of 
the state. 

§ 3. That whenever the amount of the revenue funds Treasurer to 
in the treasury shall be insufficient to meet the warrants of fn'wrtain case 
the auditor drawn for the purposes mentioned in this act, 
the treasurer shall borrow from other funds then remaining 
in the treasury an amount sufficient to p>ay such warrants ; 
and the warrants of the auditor so paid by the treasurer, 
shall be a sufficient voucher to him in the settlement of his 
accounts. Any sum so borrowed shall be returned to its 
appropriate fund by the treasurer as soon as may be practi- 
cable. 

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

Approved June 28, 1867. 



AN ACT in relation to the crime of Larceny. l n f orce June 

28, 1867. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Asse?nUy, That in all Larceny-how 
cases of conviction for larceny in any of the courts of this P unisned - 
state, no person shall be punished by confinement in the 
penitentiary unless the property stolen shall be found, by 
the jury, to be of the value of fifteen dollars ; but in all 
cases when the value of the property stolen shall be found 
by the jury to be less than fifteen dollars, the person con- 
victed shall be punished by confinement in the county jail 
for any term not exceeding one year, and by a fine not ex- 
ceeding one hundred dollars. And that in case of a second second eonvic- 
conviction of the offense of petty larceny by any person ished^ howpun ' 
over the age of eighteen years, the punishment shall be by 
confinement in the penitentiary for a term not exceeding 
three years, and on the trial under an indictment for petty 
larceny, a duly certified copy of the record of a former con- 
viction and judgment of any court of record in this state 
for a like offense against the party indicted, shall be prima 



3S LARCENY. 

facie evidence of such former conviction, and may be used 
Proriso. in evidence against such party : Provided, that such former 

conviction and judgment shall be set forth in apt words in 
the indictment. 

§ 2. This act shall take effect and be in force from and 
after its passage, and shall apply to all cases then pending. 

Approved June 28, 1867. 



PUBLIC LAW 



PASSED AT THE REGULAR SESSION OF THE TWENTY-FIFTH 
GENERAL ASSEMBLY. 



AN ACT relative to mining for lead ore or other minerals. in force Feb'y 

21, 1867. 

Section 1. Be it enacted by the People of the State of m 
Illinois, represented in the General Assembly, That every 
corporation, company, association of persons or other party Duties of cor- 
now engaged in mining for lead ore or other minerals, or companies? 1 " 8 
which may hereafter be engaged in operating or mining for 
lead ore or other minerals, whenever it is necessary for the 
purpose of prosecuting such mining enterprise to conduct or 
convey the water from any shaft, levels or land occupied 
by them for mining purposes, shall have the right and privi- 
lege of conducting and conveying the water therefrom, upon, 
over or below the surface of the lands of any owner or 
owners of lands adjoining or adjacent to the grounds so 
worked or to be used for mining purposes by such corpora- 
tion, company, association of persons or otherparty, in pipes, 
ditches, water races or tunnels, and to deposit waste earth 
from their said mines, thereby doing as little damage or in- 
jury to the owner or owners of adjoining lands or the im- 
provement thereon as the same will admit of, with the 
privilege of extending said pipes, ditches, water races or 
tunnels as far over adjacent lands as may be necessary to 
obtain a proper outlet for the water, upon complying with 
the provisions of this act. 

§ 2. Whenever such corporation, company or other party Damages, etc. 
can not agree with the owner or owners of such adjoining 
lands upon the amount of damages for the right and privi- 
lege of conveying the water from any shaft, level or mining 
land aforesaid, such corporation, company or association of 
persons, or other party, may apply to the judge of the 
county court of the county where the land is situated for 
the appointment of three commissioners, to assess such 
damage. The judge of said county court, upon such appli- 
cation being made, shall appoint three disinterested free- 
holders, residents of his county, to act as commissioners, commiisioners. 
who, after being duly sworn for that purpose, shall proceed 
to make an examination of all the lands necessary and pro- 
per to be used by said company, corporation, association of 



— meetine of. 



40 MINING COMPANY. 

persons, or other property in conducting or conveying the 
water from such shaft, level or mineral lands, and for de- 
positing waste earth, as aforesaid, and also for such lands 
as may be overflowed or liable to overflow by reason of 
erecting, constructing and maintaining such pipes, ditches, 
tunnels or the keeping up and maintaining water-races upon 
said lands, and make an award, in writing, in which they 
shall award to the owner or owners of such land or lands 

Damages. the amount of damages to which such owner or owners of 
said land or lands shall be entitled, by reason of use of lands 
for waste earth and for the erection, construction and main- 
taining such pipes, ditches, tunnels or water-race, or that 
may be erected and maintained for the purpose of convey- 
ing the water from the same. 

commissioners § 3. Said commissioners shall meet within thirty days 
from the time of their appointment to make their examina- 
tion and award, by virtue of this act, and shall have power 
to adjourn, from time to time, not exceeding two adjourn- 
ments in all; and the owner or owners of such land shall 
be notified to appear before them, at the time and place of 
such meeting, and shall be entitled to be heard before said 
commissioners in regard to the amount of damages by them 
sustained or liable to be sustained in consequence of the 
erecting, making and maintaining of such pipes, ditches, 
tunnels or water-races, and depositing waste earth, as afore- 

serving notice, said. Such notice shall, at least six days before such meet- 
ing, be served personally or by leaving a copy thereof at 
the residence of the owner or owners of such land aforesaid : 
Provided, such owner or owners reside in the county where 
said lands are situated ; and in case such owner or owners 
are non-residents of the county, then such notice shall be 
served upon their attorney or agent, if they have any in 
such county, and if there is no such agent or attorney in 
the county then such notice shall be published in a news- 
paper printed in said county lor at least three weeks before 
the meeting of said commissioners. 

Decisions and § 4. The decision and award of said commissioners shall 
be final, unless appealed from as provided for in this act ; 
and the said award, together with due proof of the notice or 
notices upon the owner or owners of said land, or upon 
their attorney or agent, as provided for in this act, shall be 
filed in the office of the clerk of the circuit court of the 
county wherein the award is made, shall be prima facie 
evidence of the regularity of said proceedings ; and at the 
next term of the circuit court of the proper county, upon 
motion made by any party interested therein, a judgment 
may be entered up and execution issued to the same effect 
and in the same manner as judgments are entered, execu- 
tions issued upon actions of civil nature commenced and 
tried in the circuit court. 



award? 



MINING COMPANY. 41 

§ 5. Any corporation, company, association of persons, Appeals. 
or other party considering themselves aggrieved by the 
award of said commissioners, may appeal therefrom, within 
twenty days from the time of tiling said award, to the cir- 
cuit court of the proper county, in the same manner as is 
provided by law for appeals from judgments of a justice of 
the peace. Said commissioners shall be entitled to receive 
two dollars per day, each, for their services as such com- 
missioners, which shall be paid by such corporation, com- 
pany or party. 

§ 6. And it is hereby expressly provided, that the pipes, use of property 
ditches and water-races or tunnels laid, excavated or con- 
structed by virtue of the provisions of this act, shall, under 
no circumstances, be used by the owners of the lands through 
which they may be laid or constructed or by any other per- 
son or persons, for any purpose whatsoever other than the 
drainage of the lands ; and no person or persons whatsoever 
shall be authorized to enter the same, except for the purpose 
of repairing, altering, extending or otherwise improving the 
same, without the written consent of the parties interested 
first had and obtained. 

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

Approved February 21, 1867. 



Department of State, Springfield, Illinois, 
September 1, l$tf. 

I, Sharon Tyndale, secretary of state of the state of Illinois, do hereby 
certify that the foregoing printed laws are true and perfect copies of the 
enrolled laws on file in this office, with the exception of the words printed 
in brackets thus, [ ]. 

In testimony whereof I hereunto set may hand, the day and year afore- 
said. 

SHARON TYNDALE, 

Secretary of State. 



—$ 



INDEX 



TO LAWS PASSED AT SPECIAL SESSIONS. 



PAGE. 

Appropriations for expenses, etc., of 

special sessions 5,19 

Aurora, to legalize certain proceedings 

of the electors of 9 

Banks, to assess and collect taxes on . 6 

Chicago, Burlington and Quincy Rail- 
road 9 

Henderson county to levy a special 

tax 9 



PAGE. 

Joliet, concerning Penitentiary at. .. .21,36 

Larceny, act in relation to the crime 

of... 37 

Mississippi and Wisconsin State Line 

Railroad 12 

Penitentiary, management of 21 

" to provide for the expen- 
ses of 36 



3 1711 00611 8108