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Full text of "Laws of the State of Illinois"

DOCUMENTS COLLECTION 
DO NOTTAKE FROM THIS ROOM 

SHELVED IN LAW COl Qtv 



WESTERN ILLINOIS UNIVERSITY LIBRARY 




3 1711 00611 7514 



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WBTTERN JU.iNOI8 WW* 



Digitized by the Internet Archive 

in 2010 with funding from 

CARLI: Consortium of Academic and Research Libraries in Illinois 



http://www.archive.org/details/lawsofstateofillinois16illi 



LAWS 



TATE OF 






.Oa 



PASSED BY THE 



SIXTEENTH GENERAL ASSEMBLY, 



AT 



THE SECOND SESSION, 



COMMENCING OCTOBER 22, 1849.. 



SPRINGFIELD: 

CHARLES Ho LANPHIER, PUBLIC PRINTER. 

1849, 



LAWS OF 1849 



AN ACT making appropriations to pay the expenses of the present session of the In forre 5\.o 
General Assembly . 6. 1846. 

Section 1. Be it enacted by the People of the Slate of 
Illinois, represented in the General Assembly, That the fol- 
lowing appropriations be, and the same are hereby, made 
to pay the expenses of the present session of the general 
assembly. 

§ 2. To the speaker of the senate and house of repre- To s kert 
sentatives, each, the sum of three dollars per day for each 
day's attendance. 

§ 3. To each member of the senate and house of rep- Tl , me a>bers. 
resentatives, the sum of two dollars per day for eacli day's 
attendance. 

§ 4. .There shall be allowed to each of the members of Mileage, 
the general assembly, including the speakers of both houses, 
ten cents per mile for each necessary mile's travel, in going 
to and returning from the seat of government. 

§ 5. There shall be allowed to the secretary and as-JJJ™^ 1 * 8 "" 
sistant secretary of the senate, and to the clerk and assist- 
ant clerk of the house of representatives, each, the sum of 
four dollars per day. 

§ t>. To the sergeant-at-arms and assistant sergeant-at- Ser s eant at " 
arras of the senate, and the doorkeeper and assistant door-i CCC{iers . 
keeper of the house of representatives, each, the sum of four 
dollars per day. 

§ 7. To the engrossing and enrolling clerks of the sen- ED s- cierke. 
ate and house of representatives, each, the sum of three 
dollars per day. 

§ 8. To the assistant engrossing and enrolling clerks of Assistant e&g. 
the senate and house of representatives, each, the sum of 
three dollars per day, for the time actually employed, to be 
certified by the principal clerk. * 



1849.. 4 

c °py ists - § 9. To the copyists of the journals of the senate and 

house of representatives, each, the sum of three dollars per 
day, for the time actually employed. 

Certificate. § 10. The speaker of the senate shall certify the amount 

due each member and officer of the senate, except the 
amount due himself, which shall be certified by the secre- 
tary ; and the speaker of the house of representatives shall 
certify the amount due each member and officer of the house, 
except the amount due himself, which shall be certified by 
the clerk; which certificates shall be sufficient authority to 
the auditor of public accounts to issue his warrant for the 
amount certified ; to be paid out of any moneys in the treas- 
ury not otherwise appropriated. 

Auditor to i- § j] r jr;| ie auditor of public accounts is hereby author- 
sue warrants.. •> . i . •' 

lzed and required to issue his warrant on the treasurer in 
favor of any person who has or may hereafter furnish for 
the use of this session of the general assembly, any fuel, 
stationery, printing paper, candles, or any other necessary 
thing ; which shall be paid out of any moneys in the treas- 
ury not otherwise appropriated : Provided, that the several 
amounts due as above mentioned shall be certified by the 
secretary of state and approved by the governor, 
secretary. § 12. That the sum of three dollars per day be allowed 

for the time actually employed for the hire of a clerk em- 
ployed in the executive department during this special ses- 
sion, to be certified by the governor; and his certificate 
shall be sufficient evidence to the auditor, who shall issue 
his warrant on the treasurer for the same, and the said 
treasurer shall pay the same out of any moneys not other- 
wise appropriated. 
Mileage to offi- § 13. To each of the officers of the general assembly, 
cers " and private secretary of the governor, the mileage that is 

allowed to the members. 
Approved Nov. 6, 1849. 



Id force Oct. AN ACT to pay Paul Anderson the amount due to him. 

29,4849. 

Section 1. Be it enacted by the People of the State of 
Aadit'r to draw Illinois, represented in the General Assembly, That the 
sum of one hundred and thirty dollars is hereby appropria- 
ted, out of any money not otherwise appropriated, to Paul 
Anderson, in payment for translating the constitution of this 
state into Norwegian, and superintending the publication of 
the same. The auditor of public accounts is hereby di- 
rected to draw his warrant upon the treasurer for that sum, 
in favor of Paul Anderson. 

Approved October 29, 1849. 



5 1849. 

AN A'J T to alj-ist the clai.u of George Peabody against the state. In force Oct. 

29, ta*9. 

Section 1. Be it enacted by the People of the State of Governor io ad- 
Illinois, represented in the General Assembly, That the • i ^ i t M ; '" ( " |a> ' 
governor of this state is hereby authorized and directed to 
adjust and pay the claim of George Peabody, of London, 
against the state of Illinois, for money advanced by him to 
Messrs. Ryan and Oakle}', agents of the state, on or about 
the seventeenth of July, one thousand eight hundred and 
forty-four: Provided, that said George Peabody shall firstProviso. 
return to the governor the canal bonds hypothecated by said 
agents to secure the repayment of said advance. 

§ 2. Be it further enacted, That the sum of five thou- App! " ! !icattL 
sand live hundred dollars, or so much thereof as may be ne- 
cessary, and the same is hereby appropriated to pay the said 
claim of George Peabody, of London, against the state of 
Illinois, out of any money not otherwise appropriated, and 
that the auditor draw his warrant in favor of the governor 
on the treasurer tor the same, or so much as shall be re- 
quired for that purpose. 

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

Approved October 29, 1849. 



ft \ ACT to enable the governor to carry out the provisions of a joint resolution In force N<v. 
of the last session of the general assembly, awarding swords to certain officers C, 1S4S. 
engaged in the war wilh Mexico. 

Section 1. Be it enacted by the People of the State of 'Governor i< 
Illinois, represented in the General */2ssembly, That, in or- 
der to enable the governor to carry out the provisions of a 
joint resolution of the last session of the general assembly, in 
awarding swords to certain officers from the state of Illinois, 
engaged in the war with Mexico, there is hereby appropria- 
ted, out of any money in the treasury not otherwise appropri- 
ated, a sufficient sum of money to pay for said swords. 

§ 2. The governor is hereby authorized to certify to a 
the auditor the amount necessary to pay for said swords, 
and on the presentation of said certificate, the auditor of 
public accounts shall draw his warrants upon the treasury 
for such amount as may be, set forth in the governor's cer- 
tificate, in favor of the person or persons entitled to the 
same. 

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

Approved Nov. 6, 18-19. 



udnor if <U i-.v 



1849. 6 

In force Nov. 6, AN ACT to pay John S. Roberts an amount due Iiim. 

1 649. 

Section 1. Be it enacted by the People of the State of 
Auditor to dr a w I/H no i s represented in the General Assembly, Thatthe au- 

* arrant. ,. ■ i • i i 1 • i i i . 

ditor of public accounts be and he is hereby required to 
draw his warrant on the treasurer in favor of J. S. Roberts, 
for the sum of twenty-one dollars and twenty-five cents, 
with interest from February first, 1841, being the amount 
due him for postage on official letters of the board of public 
works : Provided, that on the settling of said account, the 
the said J. S. Roberts shall deliver to the auditor his re- 
ceipt in full for said principal and interest. 

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

Approved Nov. 6, 1849. 



Iu force AN ACT to enable the auditor of public accounts to prosecute claims in favor of 
Jan. 5, 1850. the slate. 



Duly >i i 
atloi :sei 



Section 1. Be it enacted by the People of the State of 
tate'. Illinois, represented in the General Assembly, That it shall 
be the duty of the state's attorneys, when required by the 
auditor of public accounts, to bring suits on accounts against, 
collectors or other persons indebted to the state, and to 
prosecute said claims to a final settlement and collection of 
the amount due. 

§ 2. Any person who may desire to settle and pay over 

Duty )fauiito .the amount due, after suit has been commenced, and before 
execution has been issued, shall pay the same into the 
state treasury, and the auditor shall notify the clerk of the 
court where such suit was commenced of the fact, and he 

.^Ji-eiirf". shall endorse the judgment " satisfied." The sheriff or 

other officer who shall collect any funds due on execution 
in favor of the state, shall pay the same into the state treas- 
ury within one month after lie has received said funds. 
§ 3. The state's attorney who shall prosecute any suit in 

Gompen atio . favor of the state, under the provisions of the preceding 
sections of this act, shall receive as a compensation for his ser- 
vices, upon all sums not exceeding one thousand dollars., 
by him collected on executions, five per cent., and upon all 
sums exceeding one thousand dollars by him collected on 
execution, five per cent, for the first one thousand dollars, 
and two and one half per cent, upon so much thereof as ex- 
ceeds one thousand dollars. Said commission to be in full 
for all services of said state's attorney in the suits in which 
such collections shall be made, and not to be allowed in any 



7 1849. 

oases where collections shall be made by the state's pur- 
chasing property; and in each case which is settled, after 
being commenced and prior to sale under execution there- 
on, by the payment into the state treasury of the amount 
due the state, the auditor is hereby authorized to draw his 
warrant upon the state treasury in favor of the state's at- 
torney attending to said suit, for the sum of ten dollars. 

§ 4. The prosecuting attorney for the circuit in which To atten(1 tobu 
the supreme court for that grand division may be held, shall siness in the 
attend in that supreme court to all business therein in which s, 'i ,remec0al '■ 
the state or any county may be interested, and shall receive 
therefor one hundred dollars per annum out of the state 
treasury, in addition to his present salary, and the auditor 
is hereby required to issue lus warrant on the treasurer for 
that amount in his favor. 

Approved November 6, 1849. 



A.N ACT to authorize the auditor of public accounts ami county courts to refund the In force Nov. 
taxes on real estate sold in error. 7, is49. 

Section 1. Be it enacted by the People of the State of 
Jllinois, represented in the General Assembly, That sections Sers - Ie i )Caletl ■ 
ninety and one hundred and eleven of chapter eighty-nine 
of the Revised Statutes, be and the same are hereby repeal- 
ed, and hereafter the county court shall cause to be refund- 
ed the county tax on any real estate that may be errone- 
ously sold for taxes, and shall cause to be delivered to the 
purchaser, or his assignee, a certificate showing a descrip- 
tion of the property sold in error, year's tax for which sold, 
the amount of the state tax sold for, and the cause of error: 
and upon the presentation of said certificate to the auditor 
of public accounts, he shall issue his warrant on the treas- 
urer for the amount of state tax due as aforesaid: Provi- Proviso. 
ded, that said property was not taxable, or was double as- 
sessed, but if the property was properly assessed, the county 
and state shall not refund as above provided for, but the 
collector, who received the tax before sale, shall refund 
double the amount so received. 

§ 2. If any collector shall refuse or neglect to refund, 
as above required, upon proper demand being made by the Penalty. 
claimant, he shall be liable to an action of debt in any court 
having jurisdiction of the amount. This act to take effect 
and be in force lrom and after its passage. 

Approved November 7, 1849. 



1849. 8 

En force Nov. AN ACT to provide for the filling of vacancies in certain county offices. 

6, 1849. 

Section 1. Be it enacted by the People of the State of 
Duty of clerk. Illinois, represented in the General Assembly, That when- 
ever a vacancy shall happen in the office of sheriff", county 
surveyor, or coroner of any county of this state, by death, 
resignation, or removal of any incumbent, it shall be the 
Governor to is -duty of the clerk of the county court of such county imme- 
sue writ. diately to notify the governor of that fact, and it shall be 
the duty of the governor to issue a writ of election to fill 
such vacancy, and direct the time of holding the same : 
which election shall be proceeded in as in other cases ot 
election. 

§ 2. This act to be in force from and after its passage. 
Approved November 6, 1849. 



3n force Nov. AN ACT to confirm elections of county officers, 

f,, 1849. 

Section 1. Be it enacted by the People of the State of 

KiGctions con* ■»- ± _ __ 

firmed. Illinois, represented in the General Assembly, That all elec- 

tions heretofore ordered by the governor to provide for fill- 
ing vacancies in the office of sheriff and county officers, are 
hereby confirmed, and the elections of all such officers shall 
be valid. 

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

Approved November 6, 1849. 



In force Nov. AN ACT to establish the jurisdiction of the circuit courts of the state of Illinois. 
3, 1949. 

Section 1. Be it enacted by the People of the State of 
special terms. Illinois, represented in the General Assembly, That special 
terms of the circuit courts may be held in the respective- 
circuits which shall have jurisdiction in all criminal cases 
hereafter arising within said circuits, on indictment as here- 
inafter specified. 
Duty of -over- § 2 - The governor of the state of Illinois, whenever he 
r.or. is satisfied that it is essential to preserve law and order, 

and put down rebellion or mobs, or combinations to prevent 
the execution of law, shall require, by notice in writing, the 
judge of the circuit court in which circuit such illegal and 
criminal offences may be committed, to call a special term 
of the circuit court, to be holden in such part of his circuit 
as to him may seem convenient and suitable, within thirty 



9 1849. 

days after such requisition and notice; and it shall be the Duty of juiit;< • 
duty of said judge immediately to fix upon a time and place 
of holding said special term, within the period aforesaid, 
and to issue a precept to each of the sheriffs of the several 
counties in his judicial circuit, (excepting such county or 
counties wherein such illegal and criminal offences may be 
alleged to have been committed,) to summon from each of 
said counties, not excepted as aforesaid, a fair proportion, 
to be fixed by said judge, of grand and petit jurors, for said 
special term of the circuit court of Ms circuit. The said 
judge shall also cause notices of the time and place of hold- 
ing said special term to be put up in three of the public 
places in each of the counties of his circuit, one of which 
notices shall be placed on the outer door of the court-house 
in each of the counties in said circuit. 

§ 3. The said jurors shall possess the same qualifications Qualifications 

i.1 i. • J r • 1.1 a 4. • of jurors.. 

that are required for jurors now by law, except as to resi- 
dence : Provided, that they shall be residents of said judi- 
cial circuit — and if at any time there be not in attendance 
upon such special term of the circuit court sufficient jurors, 
it shall be lawful to summon talesmen of said circuit. 

§ 4. The grand jurors of said special term shall be Jum ., s a u ti es . 
sworn and proceed in all respects, in procuring and hearing 
testimony in behalf of the people of the state of Illinois, and 
finding bills of indictments, as at the regular terms of the 
circuit court, except that they shall not have power to try 
cases coming up from any part of said circuit, except from 
the county or counties which are set forth in the notice of 
the governor as being in a state of riot or combination against 
the laws. 

§ 5. The state's attorney of said judicial circuit shall Duty of prose, 
be notified of the time and place of 'holding said special JJJjJ* Bt,or - 
term, by said judge, and shall act as prosecutor for the peo- 
ple at said court, and the said court shall have power to 
appoint a prosecuting attorney pro te?n., or an assistant pro- 
secuting attorney ; which prosecutor pro tern., or assistant 
prosecutor, shall be allowed for his services during said compensation, 
term, not exceeding two hundred dollars, to be certified by 
the judge and paid out of the treasury. 

§ 6. The said judge, upon the receipt of the notice of Marshal, 
the governor as aforesaid, shall appoint a marshal, who shall 
execute such bond, with such security as the said judge 
may require, to conform as near as may be to the official 
bond of sheriffs. The said marshal shall perforin all the 
official duties arising out of, or connected with said special 
term of the circuit court within said circuit, which is requir- 
ed of sheriffs in their respective counties in criminal cases. 

§ 7. The clerk of the circuit court in and for the coun-e.erk. 
ty in which such special term maybe holden, shall perform 
all the official duties of clerk arising out of or connected 



1849. 10 

with the holding of said special term, but the said clerk 
shall keep the record of the proceedings of said special 
term in a separate book or books from the proceedings of 
the regular term of the circuit court, and all copies from 
said record shall be certified to be copies of the record of 
the special term of the circuit court holden under the pro- 
visions of this act, by the clerk aforesaid, under his official 
seal as circuit clerk of the county in which special term is 
held. 

§ 8. The process of said special term shall be issued to 
issued°& ser-the marshal, and may be executed by him and by all the 
ve,! - sheriffs and constables of the state of Illinois ; it shall be 

tested in the name of the clerk aforesaid, and under the seal 
of the circuit court in and for the county in which said spe- 
cial term is held. 

§ 9. In case the time fixed by said judge for holding said 
Terms of courtspecial term, shall interfere with the time of holding a reg- 
postponed. u j ar term of the circuit court in the same circuit, it shall be 
the duty of the said judge to notify the clerk of the circuit 
court in and for the county in which such regular term was 
to have been holden, of the appointment of said special 
term, and said clerk shall cause notice to be posted up in 
every precinct of his county that the said regular term of 
said circuit court will not be holden, and the said regular 
term of said court shall stand adjourned till the next regu- 
lar term thereof, and all cases and matters therein pending 
continued. 

§ 10. If the said judge of said circuit court shall, from 
Judges or other any cause, be unable to attend the said special term, any 
ted to perform ot ^ er judge °f t' 1 '* circuit court of this s^ate may perform 
duties. the duties with like power and jurisdiction ; and the judge 

presiding at said special term shall have power to call to his 
assistance at said court any other circuit judge in said state. 
§ 11. All rules, proceedings, and practice at said spe- 
Kuies appiica- cial term shall conform as near as may be to the rules, pro- 
ceedings and practice of the regular terms of the circuit 
court in criminal causes, and the judgments shall be of the 
same form and effect, and all the provisions of the criminal 
code shall be complied with, so far as may be applicable to 
the said special term. 

§ 12. The said judge may, whenever he deems it neces- 
Posse may be sar .- j- Q execute process or enforce order, direct the marshal 

summoned. J r . . 

to summon such posse as said judge may think proper, to 
aid and protect the court in executing the laws, and giving 
persons charged with offences an impartial trial ; which 

compensation. P osse shall be allowed one dollar each per day for their ser- 
vices, to be certified by the judge and paid out of the state 
treasury. 

§ 13. When any person or persons who may be indicted 

indictments, in any county at the regular term of the circuit court for 



It 1849. 

the said county, for any crime or misdemeanor, shall after- 
wards- be indicted for the same offence at a special term of 
said circuit court, holden under the provisions of this act, 
the said indictment in said special term shall operate as a 
nolle prosequi upon the former indictment ; but nothing in 
this act shall be construed as depriving the circuit court, at 
its regular term in the proper county, of concurrent juris- 
diction with the said circuit court at a special term, held 
under this act, at any time said special term is not being 
holden. 

§ 14. The said special term may be adjourned from day Adjournments, 
to day by the judge thereof, until all cases pending therein 
;ire disposed of. 

§ 15. All costs, fines, penalties and forfeitures had or Costs, fints.&c. 
taken at any ol said special terms shall enure to the benefit 
of the state of Illinois, and cognizances taken and forfeited 
in said court may be sued upon in the circuit court in any 
county where the cognizors or any of them reside. 

§ 16. Where imprisonment 'is part of the punishment, Puni3hm * nt 
the defendant may be imprisoned in any jail in said circuit, 
and the said marshal may confine any person in his custody 
in anj* of said jails for safe keeping. 

§ 17. Writs of error to the supreme court of this sta f e Wnts 0I error 
shall be allowed from said special term, in all respects as 
from the regular terms of the circuit courts. 

$ 18. The marshal shall be allowed for his services the Fees ofn,arsha:1 
same fees as are allowed sheriffs for similar services in civil 
cases, and the clerk shall have the same fees as are allowed 
clerks of the circuit court in civil cases. The grand and 
petit jurors and witnesses in behalf of the people shall be 
allowed one dollar each per day, and one dollar for every 
twenty miles necessary travel in going to and returning from 
said court ; all of which fees shall be certified by said judge 
and paid out of the state treasury. 

§ 19. The auditor shall draw his warrant upon the treas- Auditor to draw 
ury in favor of W. A. Denning, judge of the third judicial warrant ' 
circuit, for the sum of four hundred dollars, for his extra 
services and expenses in holding the district court in Mas- 
sac county under the proclamation of the governor. 

§ 20.. This act shall be in force and take effect from and 
alter its passage. 

Approved Nov. 3, 1849. 



1849. 12 

In force Dec. AN ACT to establish the tenth judicial circuit, ami to fix the times of holdir.g 
I. 1819. courts in the fifth, sixth, seventh, ninth, and eleventh judicial circuits, and- for 

other purposes. 

Section 1. Be it enacted hy the People of the State of 

Tenth circuit, ///^ow, represented in the General Assembly, That the 
counties of Fulton, Peoria, Stark, Henry, Rock Island, 
Mercer, Knox, and Warren, shall compose a judicial cir- 
cuit, to be called the tenth judicial circuit; and that the 
circuit courts shall be holden at the respective county seats 
of the said counties, at the times following, to wit : 

In the county of Fulton on the second Monday of March ; 

Tfimes of hold-in the county of Peoria on the fourth Monday of March ; in 
m ? court. £j le coun ty of Knox on the second Monday of April ; in the 
county of Warren on the third Monday of April ; in the 
county of Mercer on the fourth Monday of April; in the 
county of Rock Island on the first Monday of May ; in the 
county of Henry on the second Monday of May ; in the. 
county of Stark on the third Monday of May. Also, in the 
county of Peoria on the fourth Monday of August; in the 
county of Fulton on the third Monday of September; in the 
county of Knox on the first Monday of October; in the 
county of Warren on the second Monday of October ; in 
the county of Mercer on the third Monday of October; in 
the county of Rock Island on the fourth Monday of Octo- 
ber ; in the county of Henry on the first Monday of No- 
vember; in the county of Stark on the second Monday of 
November ; in the county of Peoria on the third Monday of 
November, in each and every year. 

§ 2. There shall be an election holden in the respec- 

Kection. tive counties composing the said judicial circuit, on the sec-* 

ond Monday of January next, for the election of a circuit 
judge and state's attorney of said circuit; which election 
shall be conducted and returns thereof made and canvass- 
ed in the manner provided by the constitution and laws of 
this state. Said judge and state's attorny, when elected, 
commissioned and qualified shall hold their offices until the 
next general election of judge and state's attorneys, as pro- 
vided by the constitution, and until their successors are 
elected and qualified. 

§ 3. It shall be the duty of the secretary of state to 

natyofsecreta- cause a certified copy of this act to be immediately trans- 
ry of state. m j^ e( j to each of the clerks of the circuit and county courts 
of said counties ; and the clerks of the county or county 
commissioners' courts cr county courts of said counties, 
whichever may be in existence, shall issue notices for said 
election, to sheriffs thereof respectively, notifying the elect- 
ors of said election ; which notices shall be posted up by 
them in the several precincts, in the like manner as provi- 
ded by the constitution and laws of this state *for holding 
general elections therein. 



13 1849. 

§ 4. The said circuit judge and state's attorney, when 
elected, shall exercise all the powers, perform all the duties, 
and have all the jurisdiction and authority, now had or 
hereafter to be required of, or exercised by circuit judges 
and state's attorneys, in this state, under the constitution 
and laws thereof, and shall receive the same compensation 
and be liable to the same duties as other judges and state's 
attorneys are entitled to receive by the constitution and 
laws. 

§ 5. The judges and state's attorneys now having juris- 
diction and exercising authority within said circuit as above 
established, shall hold and exercise such jurisdiction and 
authority, until the judge and state's attorney, in this act 
provided for, shall have been elected, commissioned and 
qualified, 

§ 6. Be II further enaefed, That the counties of Pike, 
Brown, Adams, Schuyler, Hancock, McDonough, and Hen- 
derson, shall hereafter form and compose the fifth judicial Fifth circuit, 
circuit ; the counties of Jo Daviess, Stephenson, Ogle, 
Lee, Whiteside, and Carroll shall hereafter form and com- 
pose the sixth judicial circuit; the counties of La Salle, sixth circuit. 
Putnam, Marshall, Bureau, Kane, De Kalb, Kendall, and 
Livingston, shall form and compose the ninth judicial cir- Ninth circuit., 
cuit, and the counties of Winnebago, Boone, McHenry, Du 
Page, Will, Grundy, and Iroquois, shall form and compose 
the eleventh judicial circuit. Elev'th circuit J 

§ 7. The courts in the fifth judicial circuit shall be held Courts in mh 
in the counties thereof, at the following times, viz : In the circuit, 
county of Hancock on the second Monday of March and 
first Monday of September; in the county of Henderson 
on the fourth Monday of March and third Monday of Sep- 
tember ; in the county of McDonough on the first Monday 
of April and fourth Monday of September ; in the county 
of Schuyler on the second Monday of April and first Mon- 
day of October ; in the county of Brown on the third Mon- 
day of April and second Monday of October ; in the coun- 
ty of Pike on the fourth Monday in April and third Mon- 
day of October ; in the county of Adams on the second 
Monday of May and the first Monday in November, in each 
and every year. 

§ 8. The courts in the sixth judicial circuit shall be sixth circuit 
held in the counties thereof, at the following times, viz : In 
the county of Jo Daviess on the second Monday in March, 
the third Monday in May, and the first Monday in Octo- 
ber ; in the county of Stephenson on the fourth Monday in 
March and fourth Monday in August; in the county of 
Ogle on the first Monday in April and first Monday in Sep- 
tember ; in the county of Lee on the second Monday of 
April and the second Monday of September; in the county 



1849. M 

of Whiteside on the third Monday in April and the thirl' 
Monday of September ; and in the county of Carroll on 
the fourth Monday of April and the fourth Monday of Sep- 
tember, in each and every year. 

§ 9. The courts in the ninth judicial circuit shall be 

Ninth circuit, held in the counties thereof, at the following times, viz : In 
the county of Kane on the second Monday in March, the 
first Monday in September, and the third Monday in No- 
vember ; in the county of De Kalb on the fourth Monday 
of March and the third Monday of September ; in the 
county of Bureau on the first Monday of April and on the 
fourth Monday of September; in the county of Putnam on 
the second Monday of April and on the first Monday of Oc- 
tober ; in the county of Marshall on the third Mor. day of 
April and on the second Monday of October; in the coun- 
ty of Livingston on the fourth Monday of April and on the 
third Monday of October; in the county of Kendall on the 
first Monday of May and on the fourth Monday of October, 
in each and every year. 

§ 10. The courts in the eleventh judicial circuit shall be 

Eiev'th ciicui'.held in the counties thereof, at the following times, viz : In 
the county of Winnebago, on the third Monday of March 
and fourth Monday in August; in the county of Boone on 
the first Monday of April and on the second Monday of Sep- 
tember ; in the county of McHenry on the second Monday 
of April and on the third Monday of September ; in the 
county of Du Page on the fourth Monday of April and on 
the first Monday of October ; in the county of Iroquois on 
the second Monday of May and on the second Monday of 
October; in the county of Grundy on the third Monday of 
May and on the third Monday of October ; in the county of 
Will on the fourth Monday of May and on the second Mon- 
day after the third Monday of October, in each and every 
year. 

cook county ^ H_ From and after the first Monday of January next, 
the circuit court in and for the county of Cook, shall be 
holden on the first Mondays in May and December in each 
year, and that there shall be added to the name and title of 
the Cook county court, created by an act of the legislature, 
approved on the 21st February, 1845, and referred to in the 
21st section of the schedule of the constitution, the words 
" of common pleas " so that the title and name of said court 
shall henceforward be the " Cook county court of common 
pleas," and the regular terms of said last named court shall 
hereafter be held on the first Mondays of February and Sep- 
tember in each year, instead of the times heretofore desig- 
nated by law ; and the said Cook county court of common 
pleas, and the said circuit court of Cook county, shall have 
equal and concurrent jurisdiction in all cases of misdemeanor, 
arising under the criminal laws of this state, and in all cases 



15 1849. 

of appeals from justices of the peace, arising or instituted 
within said county of Cook, any law in anywise to the con- 
trary notwithstanding ; and all appeals from justices of the 
peace within said county of Cook, shall be taken and carried 
to whichever of said courts the term of which shall be held 
next after any such appeal shall have been applied for and 
taken. 

§ 12. All writs, subpoenas, and other process, which may Process return- 
have been or may be issued, and made returnable to the able * 
terms of courts in said circuits, as heretofore required to be 
holden, shall be deemed and taken to be returnable to said 
terms of the courts as required to be holden under this act; 
and all notices which may have been given, either by pub- 
lication or otherwise, with reference to the terms as hereto- 
fore required to be holden, shall, by force of this act, refer 
to the terms of courts, as required to be held ; and all pro- 
ceedings pending in said courts shall be taken up and dis- 
posed of as if no alteration had been made in the times of 
holding said courts. 

§ 13 This act shall take effect and be in force from and 
after the first day of December next. 

Approved November 5, 1849. 



AN ACT supplementary to an act entitled «An act to establish the tenth judicial In force Nov. 6. 
circuit, tnd to fix the times of holding courts in the fifth, sixth, seventh, ninth, 1843. 

and eleventh judicial circuits, and for other purposes." 

» 

Section 1. Be it enacted by the People of tke State of 
Illinois, represented in the General Assembly, That the 
times of holding circuit courts in the counties of La Salle, 
Livingston, and Kendall, in the ninth judicial circuit, shall 
be as follows : 

In the county of La Salle, on the fourth Monday in April La Salle# 
and third Monday in October ; 

In the county of Livingston, on the second Monday of May Livingston. 
and first Monday of November ; 

In the county of Kendall, on the third Monday of May Kendal). 
and second Monday of November, in each and every year. 

§ 2. The circuit courts in the county of Lake shall here- Lake, 
after be holden at the following times, viz : On the second 
Monday in January, first Monday in June, and second Mon- 
day in October, in each year. 

Approved November 6, 1849. 



1849. 16 

lu force Nov. 6 , AN ACT supplemental to an act entitled "An act to establish the tenth judicial 
1349 # circuit, and to fix the times of holding courts in the fifth, sixth, seventh, ninth, 

and eleventh judicial circuits, ana for other purposes." 

Section 1. Be it enacted by the People of the State of 
Times of hold- fi/inois, rejiresented in the General Assembly, That the 
circuit courts of the fifth judicial circuit shall hereafter be 
held as follows : In the county of Schuyler, on the second 
Mondays in March and August ; in the county of Brown, on 
the third Mondays of March and August ; in the county of 
Pike, on the fourth Mondays in March and August ; in the 
county of Henderson, on the second Monda} r s in April and 
September ; in the county of Hancock, on the third Mondays 
of April and September; in the county of McDonough, on 
the first Mondays in May and October; in the county of 
Adams, on the second Mondays of May and October. 

§ 2. This act to take effect from and after its passage; 
and the provisions of the act to which this is supplemental, 
so far as consistent with this act, are hereby declared to ap- 
ply to this act. 

Approved November 6, 1849. 



AN ACT to fix the times of holding courts in Lake county. 
In force Nov. 5, 
1849. 

Section 1. Be it enacted by the People of the State of 
Time of holding fflinois , represented in the General Assembly, That the 
circuit court circuit court in and for the county of Lake, in the seventh 
mLakecoun-j udicia , circu i t? sna u be held at the court-house at Wauke- 
gan, in said county, commencing at the times following, 
viz : On the second Monday of January, on the first Mon- 
day of June, and on the second Monday in October, in 
each year. This act to take effect and be in force from 
and after its passage. 

Approved November 5, 1849. 



In force Nov. 6, AN ACT to postpone the Hardin and Gallatin courts, in the third judicial circuit. 
1849. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
Hardin circuit court to be held on the first Monday of No- 
vember, 1849, and the Gallatin circuit court to be held on 
the third Monday of November, 1849, under the act enti- 
tled " An act changing the times of holding courts in the 



1849. 

third judicial circuit,* 5 approved February 3d, 1849, be and 
the same are hereby postponed to the times following, to wit: 
The Hardin circuit court to be held on the first Monday of 
January, 1850, and the Gallatin circuit court on the Mon- 
day following, and to continue three weeks. 

§ 2. All writs, subpoenas and other process which may Writs, &e. ; 
have been, or may be issued and made returnable to the turnal,lp - 
terms of said courts, under the act of 3d February, 1849, 
aforesaid, shall be deemed and taken to be returnable to the 
terms of said courts as required to be holden under the first 
section of this act; and all notices which may have been 
given, by publication or otherwise, as well as all depositions 
taken with reference to the terms of said courts, as hereto- 
fore required to beholden, shall, under and by virtue of this 
act, apply to the terms of said courts as required to be 
held under the first section of this act ; and all causes, mo- 
tions and other proceedings, pending or undetermined in 
said courts, shall be taken up and disposed of as if no alte- 
ration had been made in the times of holding said courts. 

§ 3. All acts and parts of acts conflicting with the pro- 
visions of this act, are hereby repealed. This act to take 
effect from and after its passage. 

Approved November 6, 1849. 



AN ACT to amend ar. act entitled " An act establishing county courts, andprovi-Xn forct: JHow 
ding lor the election of justices of the peace and constables, and for other purpo- 6, 1849. 
ses," approved February 12th, 1849. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the section of law, 
fourteenth section of the act to which this is an amendment, how construed.. 
be so construed as to confer on the county judge all the 
power and jurisdiction, both civil and criminal, which the 
justices of the peace in this state possess, and that the said 
judge, while exercising such powers and jurisdiction, shall 
act in the capacity of justice of the peace, and not as county 
judge. And said county judge, while acting as justice of 
the peace, shall be entitled to the same fees as are now al-Pees. 
lowed by law to justices of the peace in this state, and shall, 
before entering on the duties of his office, give bond as is 
now required by law of other justices of the peace. 

Approved November 3, 1849. 



1849. 18 

In iorce Nov. An ACT to provide for a general system of railroad incorporations. 

6, 1349. 

Section 1. Be it enacted by the People of the State of 
Corporation, Illinois, represented in the General Jissembly^ That any 
how formed. numDer f persons, not less than twenty-five, being sub- 
scribers to the stock of any contemplated railroad, may be 
formed into a corporation for the purpose of constructing, 
owning and maintaining such railroad, by complying with 
the following requirements : When stock to the amount of 
at least one thousand dollars for every mile of said road, so 
intended to be built, shall be in good faith subscribed, and 
ten per cent, paid thereon as herein required, then the said 
ntrectors. subscribers may elect, directors for the said company ; 
thereupon they shall severally subscribe articles of associa- 
^BocSion.^ "tion, in which shall be set forth the name of the corpora- 
tion ; the number of years the same is to continue, which 
shall not exceed fifty years ; the amount of the capital stock 
of the company, which shall be the actual cost of construct- 
ing the road, together with the cost for the right of way, 
motive power, and every other appurtenance for the com- 
pletion and running of said road, as nearly as can be esti- 
mated by competent engineers; the number of shares of 
which said stock shall consist ; the number of directors, 
and their names, to manage the concerns of the company, 
who shall not be one half in the number of the stockhold- 
ers, and shall hold their offices until others are elected ; the 
place from and to which the proposed road is to be con- 
structed, and each county into or through which it is intend- 
ed to pass, and its length, as near as maybe, and the names 
of five commissioners to open books of subscription to the 
stock. Each subscriber to such article of association shall 
subscribe thereto his name, place of residence, and the num- 
ber of shares of stock taken by him in such company. The 
said articles of association may, on complying with the next 
section, be filed in the office of secretary of state, and 
thereupon the persons who have subscribed, and all persons 
who shall, from time to time, become stockholders in such 
company, shall be a body corporate, by the name specified 
in such articles. 

§ 2. Such articles of association shall not be filed in the 
Articles to »e ffi ce f |] ie secretary of state until ten per cent, on the 
amount of the stock subscribed thereto shall have been ac- 
tually and in good faith paid, in cash, to the directors named 
in such articles, nor until there is endorsed thereon, or an- 
nexed thereto, an affidavit, made by at least three of the 
directors named in such articles, that the amount of stock 
required by the first section has been subscribed, and that 
ten per cent, on the amount has actually been paid in. 
Articles to be § 3. A copy of any articles of association filed in pur- 
suance of this act, with a copy of the affidavit aforesaid in- 



19 1849. 

dorsed thereon, or annexed thereto, and certified to be a 
copy by the secretary of this state, or his deputy, shall, in 
all courts and places, be presumptive evidence of the in- 
corporation of such company, and of the facts therein 
stated. 

§ 4. When the certificate shall have been filed as afo:e- Cortifica(e ' >" 
said, the persons who shall have signed and acknowledged ° ffec< ' 
the same, and their successors, shall be a body politic and 
corporate, by the name stated in such certificate, and shall 
be capable of sueing and being sued, and may have a com- 
mon seal, and may make and alter the same at pleasure, and 
be capable in law of purchasing, holding, and conveying 
any real estate and personal property whatever, necessary 
for the construction of such road, and for the erection of 
all necessary buildings, yards, and appurtenances for the 
use of the same. 

§ 5. The commissioners for opening books of subscrip- Books to he 
tion, named in the act of incorporation, shall, from time to O,,on€d 
time, after the company shall be incorporated, open books 
of subscription to the capital stock of the company, in such 
places, and after giving such notice as a majority of them 
shalldirect; which books of subscription shall shall be kept 
open until all the capital slock shall be subscribed, if the 
corporation shall so long exist, and in case a greater amount 
of stock shall be subscribed than the whole capital of said 
company, the commissioners shall distribute such capital 
stock as equally as possible among the subscribers; but no 
share thereof shall be divided in making such distribution, 
nor shall a greater number of shares be allotted to any sub- 
scriber than such subscriber shall have subscribed for. 

§ 6. As soon as practicable, after such capital stock Directors to i.« 
shall have been subscribed and distributed as aforesaid, the ohosen - 
commissioners to receive subscriptions ihereto shall appoint 
a time and place for the meeting of the stockholders to 
choose directors; such meeting to be held in one of the 
counties in or through which such railroad is proposed to be 
constructed, and notice thereof shall be given by said com- 
missioners, by public notice to be published not less than 
twenty days previous thereto, in the state paper, and a 
newspaper published in each county through which the said 
road shall be intended to run, in which a newspaper shall be 
published. Thirteen directors shall be chosen at such meet- Qualification of 
ing, by ballot, and by a majority of the votes ot the stock- v ' 
holders, being present in person or by proxy, and every such 
stockholder being so present at such election, or at any sub- 
sequent election of directors, shall be entitled to give one 
vote for every share of stock which he shall have owned 
for the thirty days next preceding such election ; but no 
stockholder shall vote at any such election upon any stock, 
except such as he shall have owned for such thirty days. 



voters. 



1849. 20 

No person shall be a director unless he shall be a stockhold-j 
er, owning stock absolutely and in his own right, and quali-l 
fied to vote for directors at the election at which he shalj 
be chosen ; and at least seven of the directors shall, at thJ 
time of their election, be residents of the counties in oJ 
through which the route of such railroad shall run. Tha 
directors shall be directors for one year, and until other.*) 
are elected in their places. 

§ 7. The commissioners named in the last preceding 

^uiJsioners" n " sec ^ on sna ^ De inspectors of the first election of directors 
shall openly count the votes and declare the result, anc 
shall, within ten days thereafter, file a certificate thereof 
subscribed by them or a majority of them, in the office o 
the secretary of state, and in the office of the clerk of eacl 
county, or with the clerk of the. county commissioners 
court, (as the case may be) ot each county in or through 
which such railroad shall be proposed to be construct 
ed, and shall also deliver to the treasurer of such com 
pany all moneys [received] by such commissioners oi 
subscriptions to such capital stock, and all books and pa 
pers in their possession relative to such subscriptions. Al 
subsequent elections shall be held at such time and place ii 
one of these counties through which such railroad shal 
pass, as shall be directed by the by-laws of the company 
§8. A general meeting of the stockholders of any cor 

Meeting of poration formed under this act shall be holden annually, a 

stockholders* 1 . , . 

the time and place appointed for the election of directors 
and a meeting may be called at any time during the interva 
between such annual meetings, by the directors or by th< 
stockholders owning not less than one fourth of the stock, b^ 
giving thirty day's public notice of the time and place of tl 
meeting, in the state paper, and a newspaper published ii 
each county through which the said road shall be run or bt 
intended to run. in which a newspaper shall be published 
and when any such meeting is called by the stockholders 
the particular object of such call shall be stated, and if a 
any such meeting thus called, a majority in value of tin 
stockholders are not represented in person or by proxy 
such meeting shall be adjourned from day to day, not ex 
Meetings ^receding; three davs, without transacting any business, am 

adjourn • o ^ j ? o t j * 

if, within said three days, stockholders having a majority o 
the stock do not attend such meeting, then the said meetinj 
shall be dissolved. 
Duty of presi- § 9. At the regular annual meeting of the stockholder 
dent and direc- of any corporation, it shall be the duty of the president ai> 
directors in office for the preceding year to exhibit a cle: 
and distinct statement of the affairs of the said compan) 
and at any meeting of the stockholders a majority of thosi 
present in person or by proxy may require similar statement 
from the directors, whose duty it shall be to furnish then 



21 1849. 



when thus required ; and at all general meetings, of the 
stockholders, a majority in value of the stockholders in said 
company may fix the rate of interest which shall be paid 
by the company, for loans for the construction of said road 
and its appendages, may remove any president or any di- 
rector of said company and elect others in their stead : 
Provided, notice of such intended removal has been given, Proviso. 
as required by the last preceding section. 

§ 10. In ease it shall happen at any time that an elec- 
tion of directors shall not be made on the day designated failure, 
by the bj'-laws of the company, when it ought to have been 
made, the company for that reason shall not be dissolved, 
if within ninety days thereafter they shall hold an election 
for directors in such manner as shall be provided by the by- 
[laws of the company. There shall be a president of the President, 
company, who shall be chosen by and from the directors, 
and also such subordinate officers as the company, by its 
by-laws, may designate, who may be elected or appointed, 
and required to give such security for the faithful perform- 
jance ot the duties of their office as the company, by its by- 
laws, may require. 

§ 11. It shall be lawful For the directors to call in and Forfeiture, 
demand from the stockholders, respectively, all sums of 
, money by them subscribed, at such time and in such pay- 
Iments or instalments as the directors shall deem proper, un- 
der the penalty of forfeiting the shares of stock subscribed 
for, and all previous payments made thereon, if payments 
shall not be made by the stockholders within sixty days af- 
ter personal demand, or notice requiring such payment shall 
have been made in each county through which said road 
shall be laid out in which a newspaper shall be published. 

§ 12. The directors of such company shall have power By-laws, 
to make by-laws for the management and disposition of 
stock, property, and business affairs of such company, not 
inconsistent with the laws of this state, and prescribing the 
duties of officers, artificers, and servants that may be em- 
ployed, for the appointment of all officers for carrying on 
all the business within the object and purposes of such com- 
pany. 

§ 13. The stock of such company shall be deemed per- stock tieem.-.! 
sonal estate, and shall be transferable in the manner pre- > ,eisona! e * 
scribed by the by-laws of the company, but no shares shall 
be transferable till all previous calls thereon shall have been 
fully paid in, or the said shares shall have been forfeited for 
the non-payment of calls thereon ; and it shall not be law- 
ful for such company to use any of their funds in the pur- 
chase of any stock in their own or in any other corporation. 

§ 14. All the stockholders of any such company that stockhoW °™ 

res non s ilmp 

shall be hereafter incorporated under this act, shall be sev- 
erally individually liable to the creditors of such company 



1849. 22 

to an amount equal to the amount of stock held by them, 
respectively, for all debts and contracts made by such com- 
pany, until the whole amount of capital stock fixed and 
limited by the company in manner aforesaid shall have been 
paid in, and a certificate thereof shall have been made and 
recorded, as prescribed in the following section ; and shall 
be jointly and severally liable for all debts that may be 
due and owing to all their laborers, servants and apprenti- 
ces, for services performed for such corporation, but not be 
liable to an action therefor before an execution shall be re- 
turned satisfied in whole or in part against the corporation, 
and then the amount due on said execution shall be the [ 
amount recoverable, with costs, against said stockholders. 
§ 15. The president and a majority of the directors, 
certificate to be within thirty days after the payment of the last instalment 
made. f the capital stock, so fixed and limited by the company, 

shall make a certificate, stating the amount of the capital j 
stock so fixed and paid in ; which certificate shall be signed I; 
by the president and a majority of the directors, and sworn , 
to by the president and secretary, and they shall, within the 
said thirty days, file and record the same in the office of the | 
secretary of state, 
Liability «f «ii- § 16. If the directors of any such company shall de- 
rectors, clare and pay any dividend when the company is insolvent, ' 
or any dividend the payment of which would render it in- ! 
solvent, they shall be jointly and severally liable for all the 
debts of the company then existing, and for ail that shall i 
thereafter be contracted so long as they shall respectively f 
remain in office : Provided, that if any of the directors shali I 
be absent at the time of making the dividend, or shall ob- I 
ject thereto, and shall, within thirty days thereafter, or after I 
his return, if absent, file a certificate of their absence or 
objec'ion with the clerk of the company, and with the clerk 
of the county, or with the clerk of the county commission- 
ers' court of the county in which the principal office of said | 
company is located, they shall be exempt from the said lia- i 
biiity. 
officers liable. § ^ • ^ anv certificate or report made or public notice 
given by the officers of any such company, in pursuance of 
the provisions of this act, shall be false in any material rep- t 
resentation, all the officers who shall have signed the same 
shall be jointly and severally liable for all the debts of the i 
company contracted while they are stockholders or officers i 
thereof. 
Persons ix- § ^8. No person holding stock in any such company, as 
em!)!. executor, administrator, guardian, or trustee, and no per- 
son holding such stock as collateral security, shall be per- 
sonally subject to any liability as stockholders of such com- 
pany ; but the person pledging the stock shall be considered 
as holding the same, and shall be liable as a stockholder ae- 



23 1849. 

cordingly, and the estates and funds in the hands of such 
executor, administrator, guardian or trustee, shall be liable 
in like manner, and to the same extent as the testator or in- 
testate, or the ward or persons interested in such trust fund 
would have been if he had been living and competent to act 
and held the same stock in his own name. 

§ 19. Every such administrator, executor, guardian, or stock repre- 
trustee shall represent the shares of stock in his hands at sented 
all meetings of the company, and may vote accordingly as 
a stockholder. 

§ 20. Every such company, before proceeding to con- Map & profile 
struct a part of their road through any county named in 
their certificate of association, shall make a map and 
profile of the route intended to be adopted by such compa- 
ny ; which shall be certified by a majority of the directors 
and filed in the office of the county clerk of such county, or 
with the clerk of the county commissioners' court of such 
county, for the inspection and examination o{ all parties 
interested therein. 

6 21. Every such corporation shall possess the general Ge . n< r ral & M " 

3 j i i o cial power* 

powers, and be subject to the general liabilities and restric- 
tions expressed in the special powers following, that is to 
say : 

1. To cause such examination and surveys for the pro- 
posed railroad to be made as may be necessary to the se- 
lection of the most advantageous route for the railroad, and 
for such purpose, by their officers, agents, and servants, to 
enter upon lauds or waters of any person, but subject to 
responsibility for all damages which they shall do thereto. 

2. To receive, hold, and take such voluntary grants and 
donations of real estate and other property, as shall be made 
to it, to aid in the construction, maintenance, and accom- 
modation of such railroad ; but the real estate thus receiv- 
ed by voluntary grants shall be held and used for the pur- 
poses of such grants only. 

3. To purchase, and by voluntary grants and donations 
receive and take, and by its officers, engineers ?nd survey- 
ors and agents enter upon and take possession of and hold, 
and use all such lands and real estate and other property as 
may be necessary for the construction and maintenance of 
its railroad and stations, depots and other accommodations 
necessary to accomplish the object for which the corpora- 
tion is created; but not until the compensation to be made 
therefor, as agreed upon by the parties, or ascertained as 
hereinafter prescribed, be paid to the owner or owners 
thereof, or deposited as hereinafter directed, unless the con- 
sent of such owner be given to enter into possession. 

4. To lay out its road, not exceeding six rods wide, and 
to construct the same, and for the purposes of cuttings, em- 
bankments, and procuring stone and gravel, may take as 



1849. 24 

much more land within the limits of its charter, in the man- 
ner provided hereinafter, as may be necessary for the prop- 
er construction and security of the road. 

5. To construct their road upon or across any stream of 
water, water course, road, highway, railroad, or canal, 
which the route of its road shall intersect; but the corpor- 
ation shall restore the stream or water course, road or high- 
way, thus intersected, to its former state, or in a sufficient 
manner not to have impaired its usefulness. 

6. To cross, intersect, join, and unite its railroad with 
any other railroad before constructed, at any point on its 
route, and upon the grounds of such other railroad com- 
pany, with the necessary turn-outs, sidings, and switches, 
and other conveniences, in furtherance of the objects of its 
connections; and every company whose railroad is or shall 
be hereafter intersected by any new railroad, shall unite 
with the owners of such new railroad in forming such inter- 
sections and connections, and grant the facilities aforesaid ; 
and if the two corporations cannot agree upon the amount 
of compensation to be made therefor, or the points or man- 
ner of such crossings and connections, the same shall be as- 
certained and determined by commissioners to be appoint- 
ed by the court, as is provided hereinafter in respect to the 
taking of lands. 

7. To purchase lands or take them, may change the line 
of its road whenever a majority of the directors shall so de- 
termine, as is hereinafter provided, but no such change shall 
vary the original route of such road to exceed one mile lat- 
erally. 

8. To take, transport, carry and convey persons and 
property on their railroad, by the force and power of 
steam, of animals, or any mechanical powers, or by any 
combinations of them, and receive tolls or compensation 
therefor. 

9. To erect and maintain all necessary and convenient 
buildings, stations, depots and fixtures, and machinery for 
the accommodation and use of their passengers, freight and 
business, and obtain and hold the lands necessary therefor. 

10. To regulate the time and manner in which passen- 
gers and property shall be transported, and the tolls and 
compensation to be paid therefor; but such compensation 
for any passenger and his ordinary baggage shall not ex- 
ceed three cents a mile, unless by special act of the legis- 
lature, and shall be subject to alteration as hereinafter pro- 
vided. 

1 1. To borrow money, to be applied to the construction 
of their railroad and fixtvires, and purchase of engines and 
cars, at such rates of interest as is hereinafter provided. 

to petition le- § 22. Any number of persons, not less than thirteen, in- 
gislatur-. tending to organize a corporation under the provisions of 



25 1849. 

this act, and every company that may hereafter organize 
under this act, may present a petition to the legislature, 
stating the place from and to which they propose to con- 
struct their road, and its location and route, with reasona- 
ble certainty, or that they intend to run the said road on the 
most direct and eligible route between the points of ter- 
minus, and praying the legislature to determine whether 
the construction of the said proposed road will be of suffi- 
cient public use to justify the taking of private property for 
the construction of the same. And if the legislature shall 
determine and decide by law that such proposed road will 
be of sufficient public utility to justify the taking of private 
property for constructing and maintaining said road, under 
the provisions of this act, then such company, when organ- 
ized, may enter upon, take possession of and use all such 
lands, real estate, as may be required for the construction 
and maintenance of their railroad, and the convenient ac- 
commodations appertaining to the same ; making compen- 
sation, in the manner hereinafter provided, for all lands, real 
estate, thus taken possession of and used, except such as 
may be voluntarily given to or purchased at an agreed price 
by the said corporation. Whenever the said corporation 
shall not have acquired by gift or purchase any land, real 
estate, so required as aforesaid, or which may be affected 
by any operation connected by such construction and main- 
tenance, the said corporation may present to the circuit 
court of the district where said lands or real estate shall 
He, a petition, signed b}' its attorney or agent, describing 
with convenient accuracy and certainty, by map or other- 
wise, the lands or real estate so required to be taken or af- 
fected as aforesaid, setting forth the name and residence of 
each owner or other person interested therein as owner, 
lessee, incumbrancer, as far as known to such attorney or 
agent, or appearing of record, and praying the appointment 
of commissioners to ascertain the compensation to be made 
to such owners and persons interested, for the taking or in- 
juriously affecting such land or real estate as aforesaid. 
The court shall have satisfactory evidence that notice of 
an intended application, and the time and place thereof, for 
the appointment of commissioners of appraisement between 
said corporation and the owners and persons interested in 
such lands and real estate, had been given at least ten days 
previously, to such owners personally, or to some person of 
suitable age, at their residence, or on the premises, or by 
the publication thereof in a newspaper printed in the coun- 
ty in which such lands or real estate may lie. Such publi- 
cation to be allowed only in respect to owners who shall 
appear by affidavit to have no residence in the county, 
known to such agent or attorney, whereat such notice could 
be delivered as aforesaid. The court may adjourn the pro- 



1849. 26 

ceedings from time to time ; shall direct any future notice 
thereof to be given that may seem proper ; shall have proofs 
and allegations of all parties interested, touching the reg- 
ularity of the proceedings; and shall, by an entry in its 
minutes, appoint five competent and disinterested persons 
commissioners to ascertain such compensation as aforesaid, 
specifying in such entry a time and place for the first meet- 
ing of such commissioners. The said commissioners, be- 
fore entering upon the duties of their office, shall take the 
oath required by the laws and constitution of this state, and 
any one of them may administer oaths to witnesses produc- 
ed before them; and may adjourn, and may hold meetings 
for that purpose. Whenever they shall meet to hear proofs 
and allegations, unless by appointment of the court or pur- 
suant to adjournment, they shall cause reasonable previous 
notice of such meetings to be given to the said owners ox- 
parties interested, or their attorney, or agent, and may each 
of them issue subpoenas and compel witnesses to appear 
and testify ; they shall hear the proofs and allegations of the 
parties, and any three or more of them, after reviewing the 
premises, without fear or favor or partiality, ascertain and 
certify the compensation proper to be made to the said own- 
ers and parties interested, for the lands or real estate to be 
taken, as well as all damages accruing to the owner of the 
lands and real estate aforesaid, taken in consequence of the 
condemnation of the same, or injuriously affected as afore- 
said, making such deduction or allowance for real benefit or 
advantages which such owners or parties interested may de- 
rive from the construction of said road, and may in their dis- 
cretion assess a separate reasonable sum in favor of such own- 
er and parties interested, or of any person appointed by the 
court to appear as attorney for them, for costs, expenses and 
reasonable counsel fees. They, or a majrrity of them, shall 
make, subscribe, and with the clerk of the county, or with 
the clerk of the county commissioners' court, in which such 
lands or real estate shall lie, a certificate of their said as- 
certainment and assessment, in which such lands or real 
estate shall be described by map or otherwise, with con- 
venient accuracy and certainty. The court, upon such 
certificate and due proof that such compensation and sep- 
arate sums, if any be certified, have been paid to the par- 
ties entitled to the same, or have been deposited to the 
credit of such parties in the state treasury, or other place 
for that purpose approved by the court, shall make and cause 
to be entered in its minutes a rule describing such lands or 
real estate, in manner aforesaid, such ascertainment of com- 
pensation, with the mode of making it, and such payment 
or deposite of the same compensation as aforesaid ; a certi- 
ficate copy of which rule shall be recorded and indexed in 
the proper recorder's office, in like manner and with the 



27 1849. 

like effect as if it were a deed of conveyance from the said 
owners and parties interested to the said corporation. Upon 
the entry of such rule the said corporation shall become 
seized in fee of all the lands and real estate described in 
said rule, as required to be taken as aforesaid, during the 
continuance of the corporation, by this or any subsequent 
act, and may take possession of and hold and use 1he same 
for the purposes of said road, and shall thereupon be dis- 
charged from all claim for any damages by reason of any 
matter specified in said petition, certificate, or rule of said 
court. If at any time after an attempted or actual ascer- 
tainment of compensation under this or any other act, or 
any purchase by, or donation to said corporation, of any 
lands for the purposes aforesaid, it shall appear that the ti- 
tle acquired thereby to all or any part of such lands for the 
use of said road, or if said corporation shall fail or be deem- 
ed defective, the said corporation may proceed anew to 
perfect such title, by procuring an ascertainment of the 
compensation proper to be made to any person or persons 
whose title, claim or interest in, or lien upon such lands, 
and by making payment thereof in the manner hereinafter 
provided, as near as may be, and at any stage of such new 
proceedings, or of any proceedings under this act, the court 
may, by a rule in that behalf made, authorise the said cor- 
poration, if already in possession, and if not in possession 
to take possession of and use such premises during the pen- 
dency and until the final conclusion of such proceedings, 
and may stay all actions and proceedings against such cor- 
poration on account thereof: Provided, such corporation 
shall pay a sufficient sum into court, or give approved secu- 
rity to pay the compensation in that behalf, when ascertain- 
ed ; and in every ca?e where possession shall be so author- 
ized, it shall be lawful for the owners to conduct the pro- 
ceedings to a conclusion, if the same shall be delayed by 
the company. The said commissioners shall be entitled to 
receive from said corporation a compensation not exceeding 
two dollars for each day actually employed by them in the 
discharge of their duties. Such compensation to be taxed 
and allowed by the court. If any commissioner so appoint- 
ed shall die, be unable, or fail to serve, the court may ap- 
point another in his place, on reasonable notice of the ap- 
plication, to be approved by the court. The proceedings 
hereby authorized may be had in the circuit court in a coun- 
ty where the lands lie, and all motions to the circuit court 
shall be made at a general or special teim thereof in said 
county. The said commissioners shall hie the said certifi- 
cate in the county where the lands to he affected may lie, 
or in any adjacent county, and any clerk may transfer the 
same and the proceedings connected therewith to the clerk 
of the county in which the lands to be affected may lie, or 



28 

of any county adjacent thereto, whenever such commis- 
sioner or clerk shall be so required by said corporation, its 
agent or attorney. And the legislature hereby reserves 
[the right] to itself to indicate the routes and termini of 
said roads, and the same shall not be constructed or com- 
menced without the expressed sanction of the legislature of 
this state, by a law to be passed hereafter. 

§ 23. In case any infant, idiot, or insane person, or any 
unknown owner or owners, not personally notified to ap- 
pear, and who shall not appear after such notice, on the ap- 
pointment of commissioners, shall be interested in any such 
lands, real estate, and property, the court shall appoint some 
proper person to appear before the said commissioners and 
act as attorney for and in behalf of such infant, idiot, insane 
person, unknown owner, or non-appearing owner, not per- 
sonally served with notice. 

§ 24. If at any time after the location of the track of 
said road, in whole or in part, and the filing of the map 
thereof, it shall appear to the directors of said company 
that the line in some parts thereof may be improved, it shall 
be lawful for the said directors, from time to time, to alter 
the line and cause a new map to be filed in the office where 
the map showing the first location is or shall be filed, and 
may thereupon proceed to take possession of the lands em- 
braced in such new location that may be required for the 
construction and maintenance of said road on such new 
line, and the convenient accommodations appertaining to 
the same, either by agreement with the owner or owners, 
or by such proceedings, as near as may be, ay- are authoriz- 
ed under the preceding section of this act, and use the same 
in place of the line for which the new is substituted. Noth- 
ing in this act contained shall authorize the said company to 
make a location of their track within any city without the 
consent of the common council of said city. 
lhways,how § ^' Whenever the track of said railroad shall cross a 
road or highway, such road or highway may be carried un- 
der or over the track, as may be found most expedient ; and 
in cases where an embankment or cutting shall make a 
change in the line of such road or highway desirable, with 
a view to a more easy ascent or descent, the said company 
may take such additional lands for the construction of such 
road or highway, or such new line, as may be deemed re- 
quisite by said directors. Unless the lands so taken shall be 
purchased or voluntarily given for the purposes aforesaid, 
compensation therefor shall be ascertained in the manner in 
this act provided, as nearly as may be, and duly made by 
said corporation to the owners and persons interested in 
such lands, the same when so taken or compensation made 
to become part of such interiecting road or highway, in such 



29 1849. 

manner and by such tenure as the adjacent parts of the same 
highway may be held for highway purposes. 

§ 26. If any such corporation shall, for its purpose afore- Lands maj 
said, require any land belonging to the people of this state, s rantet - 
or to any of the counties or towns, the general assembly 
of the state and the county or town officers, respective- 
ly, having charge of such lands, may grant such lands 
to such corporations for a compensation, which shall be 
agreed upon between them ; and if they shall not agree 
upon a sale and price, the same may be taken by the corpo- 
ration as is before provided in respect to other cases. 

§ 27. Every conductor, baggage-master, engineer, officers to d 
brakeman, or other servant of any such railroad corporation, a s<? ' 
employed in a passenger train, or at stations for passengers, 
shall wear upon his hat or cap a badge, which shall indicate 
his office, and the initial letters of the style of the corpora- 
tion by which he is employed. No conductor or collector 
without such badge, shall demand or be entitled to receive 
from any passenger any fare, toll, or ticket, or exercise any 
of the powers of his office ; and no other of said officers or 
servants, without such badge, shall have any authority to 
meddle or interfere with any passenger, his baggage, or 
property. 

§ 28. Every such corporation shall make an annual re- Annual re 
port to the secretary of this state, of the operations of the 
year ending on the first day of January ; which report shall 
be verified by the oaths of the treasurer and the acting su- 
perintendent of operations, and filed in his office by the 
twentieth day of January, in each year, and shall state — 

1st. The capital stock and the amount actually paid in ; 

2d. The amount expended for the purchase of lands for 
the construction of the road, for buildings, and for engines 
and for cars, respectively ; 

3d. The amount and nature of its indebtedness, and the 
amounts due the corporation ; 

4th. The amount received for the transportation of pas- 
sengers, of property, of the mails, and from other sources; 

5th. The amount of freight, specifying the quantity in 
tons, of the products of the forests, of animals, of vegetable 
food, other agricultural products, manufactures, merchan- 
dize, and other articles ; 

6th. The amount paid for repairs, engines, cars, build- 
ings, and salaries ; 

7th. The number and amount of dividends, and when 
paid ; 

8th. The number of engine houses and shops, of engines 
and cars, and their character; 

9th. The number of miles run by passenger, freight, and 
other trains, respectively ; 

10th. The number of men employed, and their occupa- 
tion ; 



listed 



1849. 30 

1 1 tli. The number of persons injured in life or limb, and 
the .causes of such injury ; 

12th. Whether any accidents have arisen from careless- 
ness or negligence of any person in the employment of the 
corporation, and whether such person is retained in the ser- 
vice of the corporation. 
ilty. § 29. An}' such corporation which shall neglect to make 

such report, shall be liable to a penalty of two hundred and 
fifty dollars, to be sued for in the name of the people of this 
state, 
roperty to be § 30. The property belonging to any company organized 
under the provisions of this act, shall be listed by the resi- 
dent secretary or other proper officer, with the auditor of 
state, which shall be subject to the same rate of taxation 
as other similar property of individuals, and the revenue 
arising therefrom shall be paid into the state treasury, until 
the entire extinction of the internal improvement debt of the 
state, after which the said property shall be subject to tax- 
ation, and the revenue arising therefrom paid as in the case 
of all other property in the state. The revenue derived un- 
der this section to be applied to the payment of the public 
debt of the state. 

§ 31. The state shall have a lien upon all railroads of 
said corporations, and their appurtenances and stock therein, 
for all penalties, taxes, and dues which may accrue to the 
state from said corporations ; which lien of the state shall 
take precedence of all demands, judgments, or decrees, 
against said corporations; and the citizens of this state shall 
have a lien upon all personal property of said corporation 
to the amount of one hundred dollars, originally contracted 
within this state ; which, after said lien of the state, shall 
take precedence of all other debts, demands, judgments or 
decrees, liens or mortgages, against said corporation. 

§ 32. The legislature may, when any such railroad shall 
be opened for use, from time to time, alter or reduce the 
rates ot toll, fare, freight, or other profits upon such road ; but 
the same shall not, without the consent of the corporation, be 
so reduced as to produce with said profits less than fifteen per 
cent, per annum on the capital actually paid in ; nor, un- 
less on an examination of the amounts received and expen- 
ded to be made by the secretary of state, he shall ascer- 
tain that the nett income divided by the company from all 
sources for the year then last past shall have exceeded an 
annual income of fifteen per cent, upon the capital of the 
corporation actually paid in. 

§ 33. Any such corporation shall, when applied to by 
the postmaster general, convey the mail of the United States 
on their road or roads, respectively ; and in case such corpo- 
ration shall not agree as to rates of transportation thereof, 
and as to time, rate of speed, manner and condition of car- 



31 1849. 

rying the same, il shall be lawful for the governor of this 
slate to appoint three commissioners, who, or a majority of 
them, after fifteen days' notice, in writing, of the time and 
place of meeting to the corporation, shall determine and 
iix the prices, times, and condition aforesaid, but such pri- 
ces shall not be less for carrying said mails in the regular 
passenger trains than the amount which such corporation 
would receive as freight on a like weight of merchandize 
transported in their merchandize trains, and a fair compen- 
sation for the post-office car. And in case the postmaster 
general shall require the mail to be carried at other hours, 
and at a higher speed than the passenger trains be run at, 
the corporation shall furnish an extra train for the mail, and 
be allowed an extra compensation for the expenses and wear 
and tear thereof, and for the services to be fixed aforesaid. 

^ 3 I. If anv passenger shall refuse to pay hi? fare or Penalty on re- 

toll, it shall be lawful for the conductor of the train and the ^" s:;1 ' '" pny 
< • i • f Aire. 

servants of the corporation to put him out of the cars at 
any usual stopping place the conductor shall select. 

§ 35. Every such corporation shall start and run their Ronibr timeg 
ears for the transportation of passengers and property, at tobefixed. 
regular times to be fixed by public notice, and shall furnish 
sufficient accommodations tor tin; transportation of all such 
passengers and propert}" as shall, within a reasonable time 
previous thereto, offer or be offered for transportation at the 
place of starting, and the junctions of other railroads, and 
at sidings and stopping places established for receiving and 
discharging way passengers and freight, and shall take, 
transport, and discharge such passengers and property at, 
from, and to such places on the due payment of tolls, 
freight or fare, legally authorized therefor. 

§ 30. In case of the refusal by such corporation, or Penally of co»- 
their agents, so take and transport any passengers or pro- i ,01; ' tl0U - 
perty, or to deliver the same or either of them at the regu- 
lar or appointed time, such corporation shall pay to the par- 
ty aggrieved all damages which shall be sustained thereby, 
with ''osts of suits. 

5 37. In forming a passenger train, baggage or freight Trr "" s ' tl " lw 

X _ o J o do o t & lilatoil. 

or merchandize or lumber ears shall not be placed in rear 

of passenger cars, and if they or any of them shall be so 

placed and any accident shall happen to life or limb, the of- Penalty for ncg- 

ficer or agent who so directed or knowingly suffered such ieet - 

arrangement, and the conductor or engineer of the train. 

shall each and all be held guilty of intentionally causing the 

injury, and be punished accordingly. 

§ 38. A bell of at least thirty pounds weight, or a steam e^ 11 or whistle 
whistle, shall be placed on each locomotive engine, and 
shall be rung or whistled, at the distance of at least eighty 
rods from the place where the said road shall cross any 
other road or street, and be kept ringing or whistling until 



1849. S2 

it shall have crossed said road or street, under a penalty ol 
fifty dollars for every neglect, to be paid by the corporation 
owning the railroad, one half thereof to go to the informer, 
and the other half to the state, and also be liable for all 
damages which shall be sustained by any person by reason 
of such neglect. 

Boards to be § ^9. Every such corporation shall cause boards to be 

kept up. placed, well supported by posts or otherwise, and constant- 

ly maintained across each public road or street, where the 
same is crossed by the railroad on the same level. Sai-'l 
boards shall be elevated, so as not to obstruct the travel, 
and to be easily seen by travellers ; and on eaciiside of sanl 
boards shall be painted in capital letters, of at least the size 
of nine inches each, the words " Railroad crossing — look 
out for the cars while the bell rings, or the whistle sounds."' 
But this section shall not apply to streets in cities, or villa- 
ges, unless the corporation be required to put up such 
boards, by the officers having charge of such streets. 

§ 40. If any person shall, while in charge of alocomo- 

Penaity tor in- tive engine running upon the railroad of any such corpora- 

toxicatiou. tion, or while acting as the conductor of any car or train 
of cars on any such railroad, be intoxicated, he shall be 
deemefl guilty of a misdemeanor. 

§ 41. If any person shall wilfully do, or cause to bo 

^ury tocouipa-done, any act or acts whatever whereby any building, con- 
oy. struction, or work of any such corporation, or any engines, 

machine or structures, or any matter or thing appertaining 
to the same, shall be stopped, obstructed, impaired, weak- 
ened, injured, or destroyed, the person or persons offend- 
ing shall be guilty of a misdemeanor, and shall forfeit and 
pay to the said corporation, treble the amount of damages 
sustained by means of such offence. 

§ 42. All penalties imposed by this act may be sued for 

Penalties, how by the district attorney, and in the name of the people of 

recovered. ^ e state of Illinois ; and if such penalty be for a sum not 
exceeding one hundred dollars, then each suit may be 
brought before a justice of the peace. 

§ 43. Every such corporation shall, w r ithin a reasonable 
time after the road shall be located, cause to be made — 

Map and profile. 1st. A map and profile thereof, and of the land taken or 
obtained for the use thereof, and file the same in the office 
of the secretary of state; and also like maps' of the parts 
thereof located in different counties, and file same in the 
office for recording deeds in the county in which said parts 
of said road shall lie, there to remain as of record forever. 

certificate. 2d. A certificate, specifying the line upon which it is 

proposed to construct the railroad and the grades and 
curves. 

to commence § 44. If an y such corporation shall not, within fi\v 
road. C ° mpe e years after its incorporation, begin the construction of i. 



33 1849. 

road and expend thereon ten per cent, on the amount of its 
capital, and finish the road and put it in full operation in ten 
years thereafter, its act of incorporation shall become void. 

S 45. All existing railroad corporations within tliis state Existing corpo- 
shall respectively have and possess all the powers and priv- 
ileges, and be subject to all the duties and liabilities and 
provisions contained in this act, so far as they shall be ap- 
plicable to their present conditions, and not inconsistent 
with their several charters, and all railroad companies that 
are now constructing their roads may acquire title to lands 
necessary for that purpose under the provisions of this act. 

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

Approved November 5, 1849. 



AN ACT supplemental to an act entitled "An act to provide for a general system j n f orC e Nov.fi, 
of railroad incorporations " 1849. 

Section 1. Be it enacted by the People of the State of stock may t>* 
Illinois, represented in the General Assembly, That when- subscribed. 
ever the citizens of any city or county in this state are de- 
sirous that said city or county should subscribe for stock in 
any railroad company already organized or incorporated, or 
hereafter to be organized or incorporated under any law of 
this state, such city or county may, and are hereby, autho- 
rized to purchase or subscribe for shares of the capital 
stock in any such company, in any sum not exceeding one 
hundred thousand dollars for each of such cities or coun- 
ties ; and the stock so subscribed for or purchased, shall be 
under the control of the county court of the county or com- 
mon council of the city making such subscription or pur- 
chase, in all respects as stock owned by individuals. 

§ 2. That for the payment of said stock, the judges of May borrow 
the county court of the county, or the common council of money * 
the city making such subscription or purchase, are hereby 
authorized to borrow money at a rate not exceeding ten 
per cent, per annum, and to pledge the faith of the county 
or city for the annual payment of the interest, and the ul- 
timate redemption of the principal, or if the said judges or 
common council should deem it most advisable, they are 
hereby authorized to pay for such subscription or purchase B - S n s d u s ed ma? ta 
in bonds of the city or county, making such subscription to 
be drawn for that purchase, in sums not less than fifty dol- 
lars, bearing interest not exceeding ten per centum per an- 
num : Provided, that no bond shall be paid out at a rate less 
than par value. 
3 



til-. 



Vote to bv ts~ , 



1849. 34 

Bonds receiva- § 3. The railroad companies already organized or in- 
corporated, or hereafter to be organized or incorporated 
under the laws of this state, are hereby authorized to re- 
ceive the bonds of any county or city becoming subscribeis 
to the capital stock of such company, at par, and in lieu of 
cash, and to issue their bonds, bearing interest not exceed- 
ing ten per centum per annum for any moneys by them bor- 
rowed for the construction for their railroad and fixtures, 
or for the purchase of engines and cars, and for such pur- 
pose may dispose of any bonds by them received as aforesaid. 
§ 4. No subscription shall be made, or purchase or bond 
issued, by any county or city under the provisions of this 
act, whereby any debt shall be created by said judges of 
the county court of any county, or by the common council 
of any cit}-, to pay any such subscription, unless a majority 
of the qualified voters of such county or city, (taking as a 
standard the number of votes thrown at the last general 
election previous to the vote had upon the question of sub- 
scription under this act for county officers,) shall vote for 
the same ; and the judges of the county court of any coun- 
.ty, or the common council of any city, desiring to take stock 
as aforesaid, shall give at least thirty days' notice, in the 
same manner as notices are given for election of state or 
county officers in said counties, requiring said electors of 
said counties or said cities to vote upon the day named in 
such notices, at their usual place of voting, for or against 
the subscription for said capital stock which they may pro- 
pose to make, and said notices shall specify the company in 
which stock is proposed to be subscribed, the amount which 
it is proposed to take, and the time which the bonds pro- 
posed to be issued are to run, and the interest which said 
bonds are to bear ; or in case it is proposed to borrow money 
to pay such subscription, then the notices shall state the 
terms' upon which such loan is to be effected ; and the opin- 
ion of the electors shall be expressed upon their ballots "for 
subscription," or "against subscription," and counted and 
returned by the judges and clerks of elections as in other 
cases ; and if a majority of the voters of said county or 
city, assuming the standard aforesaid, shall be in favor of 
the same, such authorized subscription or purchase, or any 
part thereof, shall then be made by said judges or common 
council. In case any election had under this act is held up- 
on a day of a general election, then the number of votes 
thrown at such general election for county officers shall be 
the standard of the number of qualified voters as aforesaid. 
No bonds shall be issued under the provisions of this act by 
any county or city, excepting for the amounts required to 
be paid at the time of subscription, and for the amounts of 
and at the time when assessments upon all the stockholders 



35 1849. 

of said company shall be regularly assessed and made pay- 
able. 

§ 5. This act shall take effect from and after its pas- 
sage. 

Approved November 6, 1849. 



AN ACT to authorize the formation of navigation and manufacturing companies on Iij fon.e Jan. 5, 
the Little Wabash and Saline rivers, and oilier navigable streams susctjHibie ol I860, 

slack- water navigation. 

Section 1. Be it enacted by the People of the State ^corporation. 
Illinois, represented in the General Assembly, That any 
number of persons, not less than twenty-live, being the sub- 
scribers to the stock for the improvement of the navigation 
of the Little Wabash or Saline river, or any other naviga- 
ble stream susceptible of slack-water navigation, the crea- 
tion of water power on either of said streams, and the build- 
ing and erecting mills and machinery of all kinds, on or 
near said streams, in the way deemed best for the public 
good, may be formed into corporations for the purpose 
aforesaid, upon the complying with the following require- 
ments : When stock to the amount of ten thousand dollars xm'i j ii (t k. 
for every dam and locks intended to be built for the im- 
provement of such navigation, shall be subscribed in good 
faith, then the subscribers may elect directors for the said 
company, and thereupon the subscribers shall severally sub- 
scribe articles of association, in which shall be set forth, Articles ci as- 
the name of the corporation ; the number of years the same *>°" at>0B - 
is to continue — which shall not exceed fifty years — the 
names of five commissioners to open books of subscription 
to the stock ; the amount of the capital stock of said com- 
pany ; the number of dams, locks, tow-paths, and other de- 
vices for the improvement by slack- water navigation of such 
portion of either of said streams as may be selected by 
such company or companies ; the number of directors, and 
their names, who are to manage the operations of the com- 
pany, and hold their offices until their successors are elect- 
ed ; the place or places at which the improvements are to 
be constructed, and the signing by the subscriber his name, 
place of residence, and number of shares taken by him. 

§ 2. After the payment of ten per cent, on the amount . tic , es t0 be 
of stock subscribed thereto shall have been made in cash, filed. 
to the directors named therein, which shall be indorsed 
thereon by the directors, and verified by the affidavit of 
three of such directors, the articles of association shall be 
filed in the office of the secretary of state, and a certified 
copy thereof shall be presumptive evidence of the incorpo- 
ration of such company under the provisions of this act. 



1849. 



36 



•Corporate pow 
ers. 



May improve 
streams. 



Books to be 
openeJ. 



Election of di 
rectors. 



§ 3. When the articles of association shall be filed as 
aforesaid, the persons who shall have signed and acknow- 
ledged the same, and their successors, shall be a body poli- 
tic and corporate, by the name specified in such articles of 
association, and may make and use a common seal, make 
by-laws for the regulation of its officers and business, make 
contracts, sue and be sued, buy and sell, hold and convey 
such real and personal estate as may be necessary to carry 
out the purposes of the company. 

§ 4. The said company or companies shall have power 
to improve as aforesaid the navigation of said streams, or 
either of them, or so much of either of them as selected by 
any association or company formed under this act, by the 
construction of dams, locks, tow-paths, and such other de- 
vices as it or they may deem necessary to make slack-wa- 
ter navigation upon the streams aforesaid, or upon either of 
them, or upon such parts as may be selected by such com- 
pany or companies ; and shall have power to erect mills, 
buildings, mechanical or manufacturing works, in connec- 
tion with the use of the water power so created, in any way 
consistent with the improvement of the navigation of said 
streams. 

§ 5. The capital stock of any association formed under 
this act, shall be divided into shares of fifty dollars each, 
the whole of which shall be the amount to be employed in 
the purposes aforesaid, not exceeding in any one company 
the sum of two hundred thousand dollars. The said capi- 
tal stock shall be considered as personal property, and the 
same may be transferred in such way as the articles ot as- 
sociation shall prescribe. 

§ 6. Books for the subscription of the capital stock of 
companies formed under this act, shall be opened by the 
companies at such times and places, upon notice given, as a 
majority of the directors prescribe from time to time. The 
one tenth of the capital stock subscribed shall be paid in 
cash, at the time of the subscription, and the residue at 
such times and in such instalments as the board of direc- 
tors may prescribe ; and unless such instalments are paid 
as called for in the manner aforesaid, the stock so subscrib- 
ed shall be forfeited. 

. § 7. As soon as practicable after such capital stock 
shall [have] been subscribed as aforesaid, the commission- 
ers appointed to take subscription shall appoint a time and 
place for the meeting of the stockholders to choose direc- 
tors. Such meeting shall be held at or near the contempla- 
ted work, and notice thereof shall be publicly given in some 
public paper most convenient to such place, at least twenty 
days previous to such meeting. Seven directors shall be 
chosen at such meeting by the stockholders, or a majority 
thereof, being citizens of the United States and present in 



37 1849. 

person or by proxy, and every stockholder shall be entitled 
to one vote for every share owned by him. No person shall 
be a director unless he be a stockholder in his own right, 
and a citizen of this state. The directors shall be elected 
for one year, and until their successors are elected to fill 
their places. At such meeting the stockholders shall de- 
signate one of the board of directors as president of the President, &c. 
company, and shall also elect such subordinate officers as 
may be required by the articles of association and by-laws 
of the company, who shall enter into security for the per- 
formance of their duties. 

§ 8. The directors shall call in and demand of the stock- Payments, 
holders the sums of money subscribed, and the instalments 
imposed, under the penalty of forfeiting the same, upon six- 
ty days demand and notice having been first made. 

§ 9. The president and directors of any company form- Management 
ed under this act, shall have the exclusive management of 
the operations of such company, and shall have power to 
make by-laws and regulations of the company and the man- 
agement of its business not inconsistent with the laws of 
this state, prescribing the duties of the officers, artificers, 
and servants employed, for the appointment of subordinate 
officers, and for carrying on all the business within the ob- 
jects and purposes of the company. 

§ 10. All stockholders shall be severally and individu- Liabilities, 
ally liable to the creditors of such company to an amount 
equal to the amount of stock respectively held by them, for 
all debts and contracts made by such company. 

§ 11. Any company formed under the provisions of this Prmle § es « 
act shall have power to enter on such part of either of said 
rivers as may be embraced in the articles of association, 
and on the land on either side, to hold and use the same so 
far as is necessary for the purposes of such company, for 
the objects aforesaid, and to use the timber, rocks, gravel, 
earth, and other material which may be found thereon, in 
the construction of their works : Provided, that the said Proviso, 
company shall pay to the owners of said lands occupied by 
them as aforesaid, or the proprietors of the water power on 
either of said streams, from which material may be drawn 
as aforesaid, the value of the land so occupied, the privil- 
eges so enjoyed, the materials so taken, or the damage so 
done: And provided, further, that such value or damage Further prcm- 
shall be ascertained or assessed, or compensation made, in s0 - 
the manner following: either party may file a petition, set- 
ting forth the facts in the circuit court of the county hav- 
ing jurisdiction of the place or property ; or in cases where 
two counties may have jurisdiction, then in either of them, 
and praying the appointment of commissioners as hereinaf- 
ter mentioned. A copy of such petition shall be served at 
least ten days previous to the term of the court to which 



1849. 38 

application is made upon the opposite party, who may file a 
counter statement, and thereupon the court shall appoint 
five disinterested freeholders, who shall be sworn as arbi- 
trators are sworn, and whose duty it shall be to examine 
the premises, hear testimony, under oath, and assess the 
value or damages ; any three of said freeholders shall be 
competent to act in the premises. Reasonable notice of 
the time and place of ten days shall be given, to all the free- 
holders, and to the opposite party by the applicants. In as- 
sessing the value of any land taken or damages incurred, 
the freeholders shall estimate its full value for ordinary uses, 
without regard to the increased value which might accrue 
from the works or improvements contemplated by the com- 
pany, and in all their assessments, except for timber, the 
said freeholders shall take into consideration, by way of mit- 
igation, the advantages which would result to the owners 
by the contemplated improvements of the company. The 
said freeholders shall report their award in writing, under 
their hands, to the said circuit court, at its term following 
such assessment, and the same shall have the force of a ver- 
dict. On good cause shown a new trial may be awarded 
by the court, and if granted, such trial shall be had as on 
appeals from a justice of the peace, and tried in said courts 
and on. such award, or on such new trial, judgment shall be 
entered and execution shall be issued and executed as in 
other cases, and said company shall pay the costs incurred 
by said proceedings. 

Privilege of § 12. Any company formed under the provisions of this 

v<r, act, shall have the privileges and be entitled to use of the 

water power from the said rivers, and shall in fee lease or 

rent for one or more years the said water power, on such 

terms as shall be most advantageous to the corporation : 

Provi-o. Provided, the use of the water power shall not impede the 

navigation of said river, and that the money arising from 
said water power shall be applied to the benefit of the com- 
pany. 

May purchase § 13- jf a ' L any \ oc \ dam, or other point, there shall be 

land. ■> . J l-ii V- 

surplus water power, applicable to hydraulic purposes, and 
when the interest of the company and public convenience 
shall require the application of such water power to ma- 
chinery, it shall be the duty of the company to propose to 
purchase from the owner or owners such parcels of the ad- 
joining lands as may be necessary forthe use of such water 
power, and to submit the determination of the quantity of 
land necessary, and the price to be paid therefor, to arbi- 
tration, according to the law respecting arbitrations in force 
at the time. In case the owners shall refuse to appoint ar- 
bitrators, the company formed as aforesaid may, by petition, 
apply to any court or justice of the peace of the proper 
county, who may appoint arbitrators ; said arbitrators shall 



39 1849 

estimate the full value of the said land for ordinary uses, 
independent of any additional value given to it by the works 
of the company, or by reason of its convenience to the use 
of such water power, and also without affecting any bene- 
fit which the owner may have acquired to other property by 
reason of the said works. In case either part} shall refuse 
compliance with the award of the arbitrators, rendered ac- 
cording to law, the same proceedings shall be had in the 
circuit courts of the county, where the said land or part 
thereof is situated, as in other cases of awards, and on the 
rendition of final judgment or decree in such case, the said 
court shall enforce the payment of the price of the land, by 
the company to the owner, and the conveyance of the land 
free from all incumbrance by the owner to the company, as 
on bill in chancery according to the practice of the court. 

§ 14. Any company formed under the provisions of this Toils, 
act, shall have power to fix and regulate, from time to time, 
uniform and reasonable rates of toll and water r nts. 

§ 15. If any person or persons shall wilfully or negli- Penalty for 
gently do, or cause to be done, any damage to any improve- dama ? es - 
ments, buildings, or structures, appertaining to works of 
such company or companies, such person or persons shall 
be liable to pay to said company or companies, three times 
the amount of such damage done, which may be sued for 
and recovered in the name of such company or companies, 
in an action of debt, before any court having jurisdiction of 
the case, and such person or persons shall also be liable to 
indictment and punishment, in the same manner as is now 
provided bv law in cases of malicious mischief. 

§ 16. Companies to be formed under this act shall make Limi'ation. 
no charge for the navigation of any of said streams, except 
for passing through the locks which may be constructed, but 
money expended in removing snags ami other impediments 
may be included in the estimates of the expense of such 
locks and dams. 

§ 17. Whenever the nett receipts of any such company surplus profits, 
shall exceed fifteen per cent, on the whole capital invested, 
the surplus shall he paid into the county treasury of the 
county in which such works may be located, and the board 
Of directors shall, at their first meeting thereafter, reduce 
the rates of toll, so that the nett receipts shall not exceed 
fifteen per cent. 

§ 18. In no case shall any steam or flat boat be. subject Not subject -■> 
to pay toll under this act for passing over any such dam, to1 
when the depth of water will enable them to make such 
passage without using the locks. Boats navigating the Saline 
river, shall in no case be required to pay any fees or tolls 
for passing through any lock or locks, or dams erected 
across said river, any thing in this act to the contrary not- 
withstanding. 



1849. 40 

§ 19. This act shall not apply to any stream or a part 
of any stream now usually navigated at any season by steam- 
boats, nor shall it effect an}' act of incorporation heretofore 
granted. 

Approved November 6, 1849. 



Id force Dec. AN ACT t0 incorporate the Illinois General Hospital of thr Lake. 

28, 1849. 

Section 1. Be it enacted by the Peo])le of the State of 

incorporation. Illinois, represented in the General Assembly, That, for 
the promotion of the cause of benevolence arid t' e relief of 
the sick, by uniting the efforts of those disposed to contri- 
bute to said object, Hon. Mark Skinner, Hon. Hugh T. 
Dickey, and Dr. John Evans, with others when Appointed 
or elected as hereinafter provided for, and until such elec- 
tion, be and they are hereby created a body politic and 
corporate, to be styled and known as " The Trustees of the 
Illinois General Hospital of the Lake," and by that style 
and name to have perpetual succession. 

object of incor- § &• The object of this incorporation shall be the relief 
poraijon. f the sick, by affording them hospital care and treatment^ 
and contemplates provisions for medical, surgical, insane, 
and lying-in departments, to be established or opened as 
may be deemed advisable or expedient by the board of trus- 
tees, in or near the city of Chicago, in Cook county; which 
shall be for the reception and treatment of all fori is of non- 
contagious curable diseases and lying-in patient;- ; and the 
corporate powers hereby bestowed shall be such < nly as are 
essential or useful in the attainment of said object. 

Books to be § 3. The trustees shall proceed to open books for and 
opened. receive subscriptions, or donations, benefits, bequests, &c, 
in money, personal property or real estate, and hold, apply, 
or dispose of the same for the sole use of said hospital, in 
such way and manner as they maj r deem proper, and as shall 
be most beneficial to the institution ; and as soon as contribu- 
tions to the amount of five thousand dollars shall have been 
received by them for said object, they shall call together, 
by written notice, at a specified time and place, a meeting 
of all those who may have contributed to the amount of 

Hi *^stees? f twenty dollars or more ; who shall elect three persons to be 
members of the board of trustees, in addition to those here- 
in named. The members of the board shall then proceed 
to determine by lot the term of service of each member ; 
two of whom shall serve for three years, two for twoyears. 
and two for one year, from the date of said election, and 
until successors are elected. Until said election the board 
shall have power to fill any vacancy that may occur in it. 



41 1849. 

8 4. There shall be annual meetings of the contributors Meetings. 
to the hospital, from the date of the above election, who 
shall fill all vacancies in the board at each meeting, which 
shall be called by public notice, and those who attend shall 
have power to act in said election ; each contribution of 
twenty dollars entitling the contributor to one vote in said 
election. 

§ 5. Said trustees shall have power, in their corporate Corporate pow- 
capacity and name, to hold property, for the use of the in- 
stitution, to buy, sell, and convey the same, sue and be sued, 
plead and be impleaded, and do all other acts that natural 
persons may of right do. 

§ 6. The trustees shall adopt a code of laws for the go- By-laws, 
vernment of the institution : Provided, there is nothing in proviso, 
them that will conflict with the provisions of this charter, 
with the constitution and laws of the United States, nor of 
the state of Illinois. 

§ 7. They shall have power to create and fill all offices Create offices, 
deemed necessary in the institution : Provided, that no of- Proviso. 
ficer shall receive any compensation for his services except 
he devote his time principally to the service of the institu- 
tion. 

§ 8. No officer of the institution shall be engaged, either Prohitllt)0r " 
directly or indirectly, in furnishing any building materials, 
furniture, lands, fixtures or tenements to the hospital, except 
it be his free gift or contribution. 

§ 9. The city council of the city of Chicago, and the City and county 
county commissioners of the several counties of this state P riv " e s e8, 
shall each be authorized to send to the hospital their sick 
poor, and to contribute as they may deem expedient to the 
hospital : Provided, patients sent by them shall be received Proviso, 
and treated at the lowest possible expense consistent with 
the care they require. 

§ 10. The trustees shall, as soon as the institution is Trustees to fix 
opened for the reception of patients, make rules and regu- terms, to.. 
lations in reference to the admission of patients, fix the 
terms and publish the same : Provided, patients supported Proviso. 
by any benevolent institution or association shall be at the 
least possible expense consistent with the care given them. 

§ 11. The wards of the hospital shall forever be open, wards to be 
under proper restrictions and regulations, to be adopted by open ' 
the trustees, for the admission of persons studying the na- 
ture of diseases and their treatment. 

§ 12. The property of this institution shall be exempt Exempt* o&. 
from taxation. 

Approved Oct. 29, 1849. 



1849. 42 

In fbrce Nov. AN ACT for the incorporation of the Chicago Orphan Asjlum. 

5, isio. 



Incorporation. 



Object. 



Nullification of 



Section I. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That all 
such persons as are now members of the association de- 
nominated " The Chicago Orphan Asylum," and their asso- 
ciates, be and they are hereby constituted a body corporate 
and politic, by the name and style of" The Chicago Orphan 
Asylum," and by that name shall have perpetual succes- 
sion, and shall have power to contract and be contracted 
with, to sue and be sued, to plead and be impleaded, and to 
do and perform all such acts and things as are or may be- 
come necessary for the furtherance and advancement of the 
purposes of said incorporation, as fully and completely as a 
natural person might or could do. 

§ 2. The object and purpose of said corporation shall 
be the protecting, relieving, educating of, and providing 
means of support and maintenance for the orphan and desti- 
tute children in the city of Chicago. 

3. Any person may become a member of said corpo- 
mem'-eis. ration by paying to the treasurer thereof, the sum of twenty- 
five dollars ($25;) which may include as part thereof any 
sum which has heretofore been paid by such person to the 
aforesaid association : Provided, that said corporation may 
by its by-laws provide for the admission of annual members, 
on such terms and with such privileges as they ma}^ deem 
proper. 

officers. § 4. The officers of said corporation shall be a presi- 

dent, a vice president, a treasurer, a secretary, and eleven 
trustees, who shah be elected from the members of the 
said corporation by ballot, at the annual meeting of the 
members, and shall hold their office for one year and until 
others be elected in their stead ; and in case of any vacancy 
or vacancies in either of the said offices, by death, resigna- 
tion, or otherwise, the board of trustees shall have power 
to fill such vacancy or vacancies until the next annual 
meeting. The president and secretary of the said corpo- 
ration shall, ex officio, be president and secretary of the 
board of trustees, and be associated with the said board in 
all matters of business pertaining to the said corporation. 

Powers oftrus- § 5. The estate and concerns of the said corporation 
shall be managed by a board, consisting of the president, 
secretary, and trustees, a majority of whom shall form a 
quorum for the transaction of business, who shall have 
power, in pursuance of the by-laws of the said corporation, 
to appoint and at pleasure remove such subordinate officers 
and agents, superintendents, teachers, and servants, as the 
business of the corporation shall require, and not to allow 
them a suitable compensation. 



tees. 



43 1849. 

§ 6. In case of death or legal incapacity of a father, or Gu o a r r «jj^ of 
his abandoning or neglecting to provide for his family, the 
mother shall be deemed the legal guardian of her children, 
for the purpose of making a surrender of them to the charge 
and custody of the trustees of the said corporation ; and in 
all cases where it is not known that there is within the 
state any person legally authorized to act in the premises, 
the mayor of the city of Chicago shall, ex officio, be the le- 
gal guardian for the like purpose, and such guardianship shall 
extend as well to children already in the care of the afore- 
said association, as to those who may hereafter be offered 
for admission or received into the said asylum; and, in 
either case, whether such surrender may be made by the 
mother, or by the mayor of the said city, or whether before 
or after admission in the said asylum, it shall be deemed a 
legal surrender for the purposes and within the true intent 
and meaning of this act. 

§ 7. When a child shall be surrendered to the charge Orphans may b» 
and direction of the trustees of said corporation, by an in- 
strument in writing, signed by the parent or guardian of 
such child, or by the mayor of said city of Chicago, in man- 
ner and form as may be prescribed in and by the by-laws of 
the said corporation, the trustees may, in their discretion, 
hind out such child to some suitable employment, in the 
same manner as poor and indigent children may now be 
bound out according to the laws of this state ; but proper 
provisions shall in every case be made and inserted in the 
indentures by which such child shall be bound to service, 
for securing an education proper and fitting for the condi- 
tion and circumstances in life of such child. 

§ 8. The said corporation may receive, take and hold, May acquire 
as well by gift, purchase, devise or bequest, or otherwise, 1)r01ier y# 
any real or personal estate, for the uses and purposes here- 
in contemplated, whether the same be purchased by, or 
given, devised, bequeathed, or conveyed directly to such 
corporation, or to its officers or trust" es, or otherwise, for 
the use of the said corporation : and all the money and prop- 
erty heretofore donated to the aforesaid association is hereby 
vested in said corporation. 

§ 9. The said corporation shall have power to make by- M ^ w make by- 
laws, rules and regulations, for the admission of its mem- 
bers and their government, the election of its officers, and 
the appointment of agents, superintendents, teachers and 
servants, and for regulating their duties and government, 
for the expelling of its members, and for the safe keeping 
and protection of its property and funds. 

§ 10. The annual election for officers of the said corpo- 
ration, shall be held on the second Thursday in December 
in each year, or on such other day as the said corporation in 
and by its by-laws may appoint ; and the next annual elec- 



Time of elec- 
tion. 



1849. 44 

tion for officers of the said corporation shall be held on the 
second Thursday of December next after the passage of 
Proviso. this act : Provided, that the officers of the aforesaid asso- 

ciation shall be the officers of said corporation until an elec- 
tion shall have been held under this act. 

§ 11. This act shall take effect immediately, and the 
ssght reserved, legislature may at any time alter, amend or repeal the same. 
Approved Nov. 5, 1849. 



in force Nov. 3 AN ACT to amend an act entitled "An act to incorporate the town of Canton. ai;d 
1849. in aid of the revenue laws," approved February 8, 1849. 

Section 1. Be it enacted by the People of the State of 
Part of act ve . Illinois, represented in the General Assembly, That so much 
pealed. f section eighty of an act entitled "An act to incorporate 

the town of Canton," approved February 8th, 1849, as ex- 
empts the inhabitants of said town corporate of Canton from 
the payment of any county tax, other than road tax, on any 
property, real or personal, within one mile from the centre 
of said town, be and the same is hereby repealed. 

§ 2. The collector of the county of Fulton shall, and 
hereby is required to collect all and any county tax, other 
than road tax, levied and assessed by the proper authorities 
of the county, under the general revenue laws of the state, 
now in force and approved February 8th, 1849, for the year 
A. D. 1849, on all property, either real or personal, lying 
and being within one mile of the centre of said town corpo- 
rate of Canton, the same as if said town had not been in- 
corporated. 

§ 3. This act to take effect and be in forct fr< i and after 
its passage. 

Approved Nov. 3, 1849. 



'fl/orce Nov. 5, AN ACT to amend the several laws concerninsr limitation of actions. 

1849. 

...... , Section 1. Be it enacted by the People of the State of 

Limitations of Tn . .,...«. * •»» mi r. 

i6 years. Illinois, represented in the General Jissembhj^ That all ac- 
tions founded upon any promissory note, simple contract in 
writing, bond, judgment, or other evidence of indebtedness 
in writing, made, caused or entered into after the passage 
of this act, shall be commenced within sixteen years after 
the cause of action accrued, and not thereafter. 



45 1849. 

§2. All actions founded upon accounts, bills of ex- 0f tive y ears - 
Change, orders, or upon promises not in writing, express or 
implied, made after the passage of this act, shall be com- 
menced within five years next after the cause ol action shall 
have accrued, and not thereafter. 

§ 3. Be it further enacted, That this act and the sev- 
eral acts to which this is an amendment, shall be subject to 
the several provisions, conditions and restrictions contained 
in the twelfth and thirteenth sections of the sixty-sixth chap- 
ter of the Revised Statutes of this state. 

ft 4. So much of the sixty-sixth chapter of the said *ri repeat. 
Revised Statutes, entitled " Limitations," as is in conflict 
with this act, is hereby repealed ; and so much of the said 
act amendatory thereof, passed February tenth, one thou- 
sand eight hundred and forty-nine, as is inconsistent with 
this act is hereby repealed : Provided, always, that the sev- 
eral acts aforesaid shall be hereafter, in all actions instituted 
upon causes of action arising during the period in which said 
laws were respectively in force, be the rule of limitations and 
adjudication in all such cases, and that neither this act nor said 
amendatory act shall be so construed as to limit or affect the 
rio-ht of action upon any matter of indebtedness or cause of 
action existing or accruing before their several enactment. 

§ 5. No action of debt shall be maintained on any open Action to be 
account or any promise, not in writing, unless the same be trough t intwo 
brought within five years next after the cause of action ac- 
crued ; but if said cause of action has accrued five years 
before the passage of this act, then such action shall not be 
maintained, unless the suit is brought within two years next 
after the passage of this act. 

§ 6. This act to take effect from and after its passage. 
Approved Nov. 5, 1849. 



AN ACT to amend the several acts concerning the public revenue. In force Nov. i 

1849. 

Section 1. Be it enacted by the People of the State of ^^ 
Illinois, represented in the General Assembly, That here- 
after the clerk of the county court shall, on or before the 
first day of March in each year, cause to be delivered to 
the assessor of his county, in a well bound book, a correct 
transcript of all the real estate subject to taxation, made 
out in numerical order, together with the names of the orig- 
inal purchasers, or present owners ; and shall, at the same 
time, deliver to said assessor a blank book or books, ruled 
and headed suitable for his use in making the assessment. 
Said books to be in the form now required by law. 



1849. 46 

lutyof asses- ^ £. The assessor shall assess the property as now re- 
quired by law, and make return thereof on or beiore the first, 
day of October thereafter. 

cierk to deliver § 3. The clerk shall deliver the tax books to the collector 
tax Looks. on tj le f irs t Monday in December, or so soon thereafter as he 

Proviso. ma y ^ e qualified : Provided, that this section shall not ef- 

fect the revenue of the year 1849. 

collector to me § 4. At the December term of the county. court, in each 
year, and before receiving the tax books, the collector shall 
file a good and sufficient bond, as is now provided for by 
law, to be approved by said court, which shall be recorded 
and forwarded to the auditor of public accounts, together 
with a certificate of the facts, within three days after the 
adjournment of said court: Provided, that this section 

r I O VIS Ot " 

shall not apply to bonds for the collection of the taxes of 
1849. 

Notices to be § &• The notice of the time of attending at the precincts 

posted up. f or the purpose of receiving the taxes, required by law, 
shall be advertised and posted up, at least two weeks prior 
to the time specified for meeting in the precincts. So much 
of the law as requires three weeks' notice is hereby re- 
pealed. 

§ 6. The collector, by himself or agent, shall attend at 

ct.angeof time. n i s office, during the month of February, for the purpose 
of receiving the taxes, instead of the month of January, as 
now required by law, and said collector shall not distrain 
or sell personal property for taxes before the first day of 
March, and not until he has attended the precincts for the 
purpose of receiving said taxes. 

§ 7. The advertisement of the list of delinquent lands 

Delinquent list and town lots, required by law to be published before the 

how published rendition of judgment and sale of real estate for taxes, 
shall be so published on or before the seventh day of May, 
and the sale shall be made on the second Monday in June 
annually: Provided, that said sale may be continued from 

Proviso. day to day, until all the property is sold. So much of the 

5th section of an act entitled u An act to amend the several 
acts concerning the public revenue," approved February 
8, 1849, as requires the advertisement mentioned in said 
section to be published four weeks previous to the June 
term of the county court, and the sale to be made on the 
third Monday next succeeding the term of the court, is here- 
by repealed, 
collector to set- § 8. The collector shall present to the court, at the 

t]e - June term thereof, his list of abatements, and shall make a 

final settlement with the county at said term, except for 
the amount of taxes due on the delinquent real estate, which 
he shall account for and pay over to the treasurer within 
five days after the smle. 



47 1849. 

§ 9. The clerk shall make out a correct transcript of the Transcript to be 
sales, in form as required by law, and a certified statement, livered. 
showing the value of the property, and the amount of state 
and county tax abated by the court, and within five days 
after the sale shall deliver the same to the collector, se- 
curely enveloped, sealed and directed to the auditor; and 
it shall be the duty of the collector to deliver said sale list 
and certificate to the auditor, and make a final settlement, 
and pay into the state treasury the full amount due from him 
to the state, on or before the first day of July. 

§ 10. Upon the final settlement of any account, the Du t y f auditor, 
auditor shall give the collector a certificate, under seal of 
his office, setting forth that said collector has settled and 
paid into the state treasury tne full amount due from him on 
said account ; and it shall be the duty of the collector to file 
said certificate in the office of the clerk of the county court, 
on or before the first day of August next, after receiving 
the tax books. If any collector shall neglect or refuse to ^ , , „ 

_' . "* o JJuty of coUec- 

file said certificate, as above required, the clerk shall leave tor. 
a written notice at the office of said collector, requiring 
him to appear before the county court at the September term 
thereof, and show cause why he has not filed the certificate 
aforesaid ; and if the collector shall not show that he has 
paid over the full amount due from him, and made a final 
settlement with the state and county, or that he has a just 
and reasonable excuse for failing to do so, his office of sher- 
iff shall be declared vacant. 

§ 11. In case of the death of any collector during the Dut> of clerk, 
time that the tax books are in his hands, and before the time 
specified in this act for selling the delinquent real estate, 
the clerk of the county court shall demand and take charge 
of the tax books, and thereupon shall forthwith notify the 
judge of said court of the fact, and said judge shall appoint Duty of jud e. 
one or more competent persons to examine said tax books, 
and it shall be the duty of the person or persons so appoint- 
ed to ascertain the amount remaining uncollected, and make 
out a correct abstract of the same : Provided, that should Proviso 
there be but a small portioi. of the taxes collected at the 
time of the death of the collector, then the amount actually 
collected shall be ascertained, and the same books used in 
completing the collections. 

§ 12. In case of a vacancy, as mentioned in the forego- vacancy how 
ing section, the county court may appoint a suitable person fined. 
to complete the collections, who shall execute a bond, col- 
lect and pay over the taxes in the same manner, and his acts 
shall be as binding and effectual, as the collector's would 
have been had he completed the collections, and the court 
may, if the circumstances of the case require it, allow the 
said collector further time to complete the collections and 
make settlement ; which shall not be for a longer time than 



1849. 48 

three months over and above the time allowed to collectors 
by this act. And the collector so appointed may obtain 
judgment at the September term of the county court, and 
sell delinquent lands and lots in like manner as collectors 
proviso. are authorized to do at the June term : Provided, that if 

the collector had attended in the precincts for the purpose 
of collecting the taxes, or had advertised the delinquent 
land list before his death, it shall not be necessary for his 
successor, or the person appointed, to complete the collec- 
tions, to attend in said precincts, or re-advertise ; but he 
shall proceed to finish the collections in the same manner 
as the collector would have been authorized to do if he had 
Further provi- lived: Provided, further, that if the circumstances of the 

s0 ' case will permit of the' necessary delay, or the court shall 

be unable to find a suitable person willing to complete the 
collections aforesaid, the sheriff elected to fill the vacancy 
shall complete the collections and make settlement as spe- 
cified in this section. 
Proceedings in § j3 < jf an y collector shall be unable to obtain judg- 

vaseoffailure *ment on the delinquent land list at the June term of the 
county court, from any cause whatever, he may obtain 
judgment at any subsequent term of said court, by giving 
notice of the intended application and sale ; which notice 
shall contain all the facts required by law, and shall be once 
published, at least four weeks previous to the first day of the 
term at which the judgment will be prayed, and the sale shall 
be on the Monday next following the first day of said term : 

Proviso Provided, that the statute allowing the redemption from tax 

sale of the lands of infants, feme coverts and lunatics, shall be 
so construed as to authorize such redemption by their guar- 
dians or legal representatives, from and after the day of sale 
to the time now limited by the statutes for such redemption. 

Penalty of col- § 14. If any collector shall, by his own neglect, fail to 

lector - obtain judgment at the June term of the court, or shall fail 

to present his list of delinquencies on personal property, or 
of errors in assessment at said term, he shall lose the bene- 
fit thereof, and shall pay to the state and county the full 
amount charged against him, after deducting his fees for 

proviso. collecting : Provided, that if for any cause the court do not 

sit at the June term, the collector shall be allowed further 
time to pay over the amount due on the delinquent list. 

suits, when § 15. AH suits or applications for judgment and order 

brought. of . ga | e for the taxeg on delinquent lands and town lots, shall 
be made at the terms of the county court sitting for the 

Provis0 transaction of county business : Provided, that if, for any 

cause, the court shall not be holden at the term at which 
iudo-ment is prayed, the cause shall be continued, and it 
shall not be necessary to re-advertise the list or notice re- 
quired by law to be advertised before judgment and sale : 

yurther P rovi -p rcw2 ^ 5 further, that the term of the court at which 



49 1849. 

the collector shall obtain judgment on the delinquent land 
lisi, shall not be continued for a longer time than six days 
lrom its commencement. 

§ 1 6. The printer publishing the list of delinquent lands Duty of printer 
an 1 town lots, shall transmit by mail, or other safe convey- 
ance, to the collector, four copies of the paper containing 
said list. Upon the receipt of said papers, the collector 
shall pay to the printer the amount of the fees allowed by 
law for publishing said list and notice ; and it shall be his 
duty to tile one copy of said paper in his office, and deliver 
one copy to the clerk of the county court, and one copy to 
the auditor of public accounts, and one copy to the state 
treasurer, who shall file and safely preserve them in their 
respective offices : Provided, that if said publication is not proviso, 
made in accordance with the requirements of the law, or 
the papers above mentioned are not furnished the collector 
before the first day of the term of the court, at which judg- 
ment is prayed, the collector shall not pay said fees until 
they are collected by him. 

§ 17. If any collector shall neglect or refuse to pay the collector and 
amount due the printer, as required by the act, it shall be i ,llilte! - 
competent for the printer to forward two copies of the pa- 
per containing the advertisement, with a statement of his 
account, and of the facts in the case, to the auditor of pub- 
lic accounts, and if the auditor be satisfied that the amount 
ought to be paid, he shall issue his warrant on the treasurer 
for the amount due, and charge the same to the collector : 
Provided, that said papers and statement be presented to Proviso, 
the auditor on or before the day of sale. Any printer who 

i ii j i l i> ±t tj » i i Penally of rnn 

shall so demand payment lrom trie auditor, alter he has re- ter . 
ceived pay from the collector, or shall receive payment from 
the collector after he has forwarded the demand on the aud- 
itor, shall forfeit and pay to the state double the amount of 
said account, to be recovered in any court having jurisdic- 
tion of the amount. 

§ 18. The auditor shall credit the collector with the Duty of auditor 
amount of the printer's fees on the property forfeited to the and clerk. 
state, and the clerk shall annually add to the taxes of the 
vear following the amount for which the tract or lot was for- 
feited, including the printer's fees, and six per cent, inter- 
est, lor one year from the date of the last sale. The amount 
of said fees to be paid into the state treasury, when collect- 
ed, and the additions to be continued from year to year, 
unUl the whole amount due on said tract or lot is collected. 
Allls".7S authorizing the clerks of the county courts to re- taws repealed, 
ceive- the redemption money on property forfeited to the 
state, are hereby repealed. 

& 19. If, upon the final settlement of any account, rfc is Money to be r©. 

3 . ill ii i •!• i funded, 

ascertained that the collector has pavd into the state treas- 
ury a greater sum than is justly due from him to the state, 
4 



. 1849. 50 

the auditor shall refund the same, by issuing his warrant on 
the treasury for the amount so overpaid. 

Fines to be paid § 20. Every justice of the peace, or other officer, who 
may have collected any fine imposed by virtue of the sev- 
enth section of chapter eighty-nine of the Revised Statutes, 
shall, within three months from and after the passage of this 
act, pay the amount so collected and due the state, to the 
sheriff of his county, and take duplicate receipts therefor, 
one of which he shall forward by mail to the auditor of pub- 
lic accounts ; and hereafter it shall be the duty of the offi- 
cer collecting any such fine, to report the same to the clerk 
of the county court within three days thereafter, and pay 
the amount so collected over to the sheriff; and the clerk 
shall file said report in his office, and forward a certified 
copy thereof to the auditor. . And it shall be the duty of 

Outy of sheriff, the sheriff of the several counties to demand and receive 
the amount of any such fine, and pay the same into the 

Penalty of offi- state treasury. Every officer neglecting or refusing to com- 

cers ' ply with the requirements of this section, shall forfeit and 

pay to the state double the amount received by him, and 
shall be removed from his office. 

Obtained h ° W § ^' ^"^ P erson desiring to obtain a license from the 
state, as provided for in the seventh section of chapter eigh- 
ty-nine of the Revised Statutes, shall apply to the auditor 
of public accounts, who shall issue his order to the treasur- 
er, directing him to receive from said person the amount re- 
quired by law for said license ; and upon the presentation 
of the treasurer's receipt, the auditor shall issue a license, 
under the seal of his office, which shall be countersigned by 
the treasurer, and shall have the same force and efiect as 
the licenses heretofore issued by the secretary of state. So 
much of the above recited chapter as authorizes the secre- 
tary of the state to grant licenses, is hereby repealed. 

Auditor to set- § 22. If the time of holding the circuit court in any 
tie with prin- county in this state has been so changed by law, a? to pre- 
vent the collector from obtaining judgment on the delin- 
quent land list, or the court did not sit at its regular term, 
in consequence of which the fees for advertising said delin- 
quent list were not collected and paid to the printer, the 
auditor of public accounts is hereby authorized and requir- 
ed to draw his warrant on the treasurer in favor of any such 
printer for the amount of fees allowed by law. 

Uws repealed. § 23. All acts and parts of acts conflicting with ti.is act, 
are herehy repealed ; and the auditor shall furnish tne re- 
venue officers of the several counties with a copy >i this 
act. 

§ 24. This act to take effect and be in force fieri and 
after its passage. 

Approved November 6, 1849. 



51 1849. 

AN ACT to legalize the assessment in certain counties. In tone, Nov. 

6, ni«a 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General */ii.stmbly, That the Assessments* 
assessment in the county ol Kane for the taxes of the year hJ ' 
1849, be and the same is hereby declared to be as good, 
valid and effectual as if it had been made and returned in 
strict conformity to law : Provided, that the provisions of Proviso, 
this section shall apply to the assessment in each and every 
county in which the assessment has not been completed and 
returned as provided for by law. 

6 2. When the assessment has not been completed and Abatements a^ 
returned within the time specified in the revenue law, the 
county court may allow abatements on over-assessments, at 
any term of said court prior to the June term thereof. This 
act to take effect and be in force from and alter its passage* 

Approved November 6, [Sid. 









JOINT RESOLUTIONS. 



IOINT RESOLUTIONS of instruction relative to the Atlantic and Pacific railroad. 

1st. Resolved by the Senate, the House of Representa- 
tives concurring, That we cordially approve of the gener- ^acYuc"aii 
al proposition of constructing a national railroad, common- ra- 
cing at some point on the eastern line of the territories lying 
between the states and the Pacific ocean, on such route as 
shall, after due and proper explorations, be found most prac- 
ticable. 

2d. Resolved, That the eastern terminus of said road Terminus. 
should be fixed at such point as shall be found the most easy 
of approach to an union with the great chains of eastern 
and western railroads, running through the states to the At- 
lantic, now in progress of construction, and without special 
regard to the interest of any town or city. 

3d. Resolved, That in our opinion a point as far north Most eligible 
as Council Bluffs, or between that and the mouth of the poiat " 
Kansas river, for the eastern terminus of said national rail- 
road, is the most eligible point for a union of said road with 
the before mentioned railroads, leading easterly through the 
states, to the great commercial marts on the Atlantic, 
thereby alike subserving the best interest of the cities of 
the lakes, the interest of the interior of Ohio, Indiana, Illi- 
nois and Missouri, and country south of the Ohio river. 

4th. Resolved, That our senators in congress be instruct- instruction te 

dj l l' l j i. e j-1 delegation it 

, and our representatives requested, to conform their ac- confess. 

tion on the subject embraced in these resolutions to the prin- 
ciples herein expressed. 

5th. Resolved, That we hereby rescind all former reso- Resolutions re 
lutions on the subject, incompatible with the opinions here- 
in expressed, and that a copy hereof be transmitted to each 
of our senators and representatives in congress. 



1849. 



54 



JOINT RESOLUTION relative to amending the constitution. 



Preamble. Whereas the fifteenth article of the constitution of the 

state of Illinois provides "that there shall be annually as- 
sessed and collected a tax of two mills upon each dollar's 
worth of taxable property, in addition to all other taxes, to 
be applied as follows, to wit : The fund so created shall be 
kept separate, and shall annually, on the first day of Janu- 
ary, be apportioned and paid over pro rata upon all such 
state indebtedness, other than the canal and school indebt- 
edness, as may for that purpose be presented by the holders 
of the same, to be entered as credits upon and to that ex- 
tent in extinguishment of the principal of said indebted- 
ness ;" and whereas said provisions do not accord with the 
wishes of the creditors of the state, and involve much in- 
convenience and irregularity, as well as considerable ex- 
pense in the application and keeping of the accounts ne- 
cessarily attending the said apportionment ; and whereas it 
is of great importance to the interests of the state that 
some means be adopted at the earliest possible day by which 
the gradual liquidation, reduction and ultimate payment of 
the state debt may be effected ; therefore, 

substitute pro- Be it resolved by the Senate, the House of Bepresenta- 
tives concurring herein, That the following article be and 
the same is hereby proposed as a substitute for, and to stand 
in place of the fifteenth article of the constitution of the 
state of Illinois, to be acted upon in the manner provided in 
the second section of the twelfth article of the constitution. 

ARTICLE 15TH. 



posed* 



Alteration of 
constitution. 



There shall be annually assessed and collected, in the 
same manner as other state revenue may be assessed and 
collected, a tax of two mills upon each dollar's worth of 
taxable property, in addition to all other taxes, to be ap- 
plied as follows, to wit : The fund so created shall be kept 
separate, and constitute a sinking fund, to be used in such 
manner as may be prescribed by law, for the purpose of 
purchasing, in open market, any of the indebtedness of the 
state, bearing interest, other than the canal registered in- 
debtedness, the school indebtedness, and such other indebt- 
edness as is not fully recognized by the laws of the state. 



JOINT RESOLUTION relative lo flogging in the navy of the United States. 

congressional Besolved by the Senate and House of Representatives of 
■Lucted. n m ' the General Assembly of Illinois, That our senators be in- 



55 1849. 






structed, and our representatives in the congress of the 
United States be requested to use their best exertions to 
have the punishment of flogging abolished in the navy of 
the United States. 

Resolved, That his excellency, the governor, be request- Governor to 
ed to transmit a copy of the foregoing resolution to each of forward cop- 
our senators and representatives in congress. 



JOINT RESOLUTION of instructions relative to removal of obstructions in the 
Mississippi river. 

Resolved by the Senate, the House of Representatives congressional 
concurring herein, That our senators be instructed, and asklppropria^ 
our representatives in congress requested to use their ex- ation. 
ertions to procure appropriations from the general govern- 
ment to remove the obstructions in the rapids of the Upper 
Mississippi, and the Des Moines Rapids. 



JOINT RESOLUTION of instruction to the secretary of state. 

Resolved by the Senate, the House of Representatives secretary ns 
concurring, That the secretary of state be instructed to nishiaws,&ci 
place at the disposal of each university and college in this 
state, a copy of the laws and the journals of each house. 



structed to 
ocure sur- 



JOINT RESOLUTION relative to the survey of routes for the Pacific railway. 

Resolved by the House of Representatives, the Senate Delegation ia- 
concurring herein, That our senators and representatives ^ 
be requested to use all proper means in their power to pro- vey 
cure, immediately, a liberal and sufficient appropriation by 
congress for an extensive and thorough survey of the moun- 
tains and intermediate country dividing the western boun- 
dary of the states from the Pacific ocean, with the view of 
connecting thewe oceans, or their navigable waters, by a 
national railway. And as soon as this appropriation shall 
have been made, that they be requested to call upon the 
chief magistrate and urge the necessity of a large and effi- 
cient corps of engineers to complete the preliminary and 



1849. 



56 



copies to be £ St ste P° fth f great work of the age, with as little delay 
furnished. a ? P os sibie, and that our senators and representatives be fur- 
msned with copies of this resolution. 



JOINT RESOLUTION relative to publishing the laws. 



Laws to be pub. Resolv fd by the General Assembly, That the secretary 
Hshed. ot state be instructed to publish all laws of a general na- 

ture, passed at the present session of the general assembly, 
which take effect from their passage, or 'which take effect 
immediately thereafter, in the « Illinois State Register," 
' Illinois Journal," and " Illinois Organ," immediately af- 
ter the adjournment of the general assembly ; which laws, 
when so published, shall be evidence of what therein is pro- 
vided : Provided, that the cost of publishing the said laws 
shall not exceed thirty dollars to each of said papers, and 
that one copy of each of said papers shall be furnished to 
the clerks of the circuit and county courts of each county 
m this staf^ J 



JOINT RESOLUTION autboiizing the gov#rnor to procure a stone for the Wash- 
ington Monument. 

ZlZl^ole ^f^by the Senate, the House concurring herein, 
inat the governor be respectfully requested to provide a 
suitable stone, to be procured from some quarry in Illinois, 
and to be presented by him, in the name of the people of 
the state, to the "Washington National Monument Society," 
tor the purpose of being placed in the monument to be erect- 
ed to the memory of the Father of his county. 

TSSmS ^solved, That the governor is hereby authorized to de- 
fray the expense of procuring and transmitting the said 
stone, out of the contingent fund. 



JOINT RESOLUTION relative to the laws, journals, copying, &c, 

\£u££ ? fywM ed }V th < $""&, the House of Representative, 
concurring herein, That the secretary of state cause eight 
hundred copies of the laws, passed at this session of the 



57 1849. 

general assembly, to be printed ; five hundred copies to be 
stitched in pamphlet form, and covered with blue paper, for 
the distribution to the several counties of this state, and 
three hundred copies half bound, to be preserved by the 
secretary of state, to be bound with the laws of the next 
regular session of the general assembly. 

Resolved, That the laws passed at this session be copied, copying, &c. 
side notes made thereto, and indexed under the direction of 
the secretary of state, and at a cost per hundred words not 
exceeding the price fixed by law ; and five hundred copies 
of the journals of each house be printed and distributed with Journals, 
the laws as above provided. 



State of Illinois, 

Office of Secretary State. 
I, Horace S. Cooley, secretary of state of the state of Illinois, 
hereby certify the foregoing to be true and perfect copies of the en- 
rolled laws and joint resolutions deposited in this office ; the words 
printed in brackets, thus, [ ] in the several laws in which they occur, 
not being in the enrolled laws, but are introduced in the printed laws 
for the purpose of correcting and explaining the same. 

In testimony whereof, I have hereunto subscribed my name, at 
Springfield, this 26th day of November, 1849. 

HORACE S. COOLEY, 

Secretary of State* 



INDEX. 



A. 



Actions, laws concerning limitation of, 

amended - - 41 

Adjournment, of special term of circuit 

court - - II 

Administrator!:, when holding stock in 

railroads - - - 22 

Anderson, Paul, appropriation to 4 

Appropriatioi s to pay expenses of gen- 
em! assembly - - 3,4 
for stationery, paper, &c, fur- 

nishecl - - 4 

to Piiil Anderson - 4 

to George Peabndy - 5 

to ]r*\ for swonls - -5 

to John S Roberts - - (i 

lo W. A. Denning - - J] 

Assessors, <!u'}' of. See Revenue. 
Assessment, u hen erroneous, how re- 
medied - - 7,52 
Assessment. See Revenue. 

in certain counties legalized - 51 
Asylum, at Chicago - - 42 

Atlantic »i ri Pjcific Railroad, resolu- 
tions - - -53 
Attorneys of state, to prosecute claims 6 
their compensation - 6 
to pro-«cnte (or riots, mobs, &c. 9 
additional compensation of - 9 
in tintli en cuit, election and du- 
ti^of - - - 13 
Auditor, to piosecute claim in favor of 

state - - 6 

to pay VV. A. Denning - Jl 

further iluttps. See Revenue, 
to grant licenses instead ol sec- 
retary ... 



c. 

Canton, 'own of, charter amended 
Certificate ot organization of railroad 

company, effect of - 
Chicago Orphan Asylum, incorporation 
ol 
genet al objects 



51) 



Chicago Orphan Asylum, qualification 

of members - - 42 

election ol officers - -42 

board of managers - - 42 

orphans, how received and dis- 
pose! ot - - - 43 
may arqniie and hold property - 43 
officeis, how ele< ted - 43, 44 
Circuit courts, their jurisdiction extend- 
ed - - - 8,9 
tenth, established - - 12 
time of holding courts in the 

tenth - - - 12 

election of judge, &.c, in tenth 

circuit - - - 12 

changes in the fifth - - 13 

« « sixth - - 13 

" " ninth - - 14 

« " eleventh - 14 

time of holding in the fifth - 13 

" « " sixth - 13 

" « " ninth . 14 

« « " tenth, - 12 

tt tt tt eleveith - 14 

" " Cook com ty - 14 

« " Lake county 15, 16 

« « third ci cuit - 16 

Cities, may take stock in railroad* - 33 
send sick poor to hospital at Chi- 
cago - - -41 
Claim, of Paul Anderson - 4 
of George Peahody - -5 
of John S. Roberts - 6 
auditor to piosecute for - 6 
Clerk, of county «oiiiinissioners' court, 

duty of - - 8 

of circuit court, duties of in case 
of riot, - - 9, 10 

Colle«tors, when torelund tax** . 7 

further dntie§ of. See Rtvenue. 
Colleges, bookt donated to - 59 

Commissioners of railroads, how chosen 19 
Compensation, of officers of general as- 
sembly - - - 3, 4 
of prosecuting attorneys tor col- 
lecting - - -6 
same for prosecuting in cases of 
riot, &c. - - 9 



(») 



INDEX. 



Compensation, of marshal's posse - 10 

of witnesses and jurors - 1J 

of W. A. Denning - - 11 

Constitution, resolutions relative to 

amending - - 54 

Cook county court, change in time of 

holding, - - - 14 

jurisdiction enlarged - - 14 

disposal of business in - 15 

Copying laws and journals, resolution 

concerning - - §7 

Coronerf, vacancy in office of, how filled 8 
Corporations, for railroads. See Rail- 
road Incorporations, 
for navigating and manufacturing 
companies - - 35 

Costs, in special circuit courts - 11 

Counties, may take stock in railroads - 33 
may send sick poor to hospital - 41 
County clerk*, forbidden to receive re- 
demption money - - 49 
further duties of. See Revenua, 
Railroad Incorporations, Courts. 
County courts to refund taxes in certain 

caie9 - - 7 

County judge to have magistrate's juris- 
diction - - - 17 
Courts, circuit, jurisdiction extended - 8 
duty of, in suppressing mobs - 8, 9 
tenth circuit established - 12 
times of holding. See Circuit 
Courts. 



D. 

Denning, VVm. A., appropriation to - 11 
Directors of railroad incorporations, how 

chosen - - - 19 



PACE. I 



G. 



E. 

Elections, to fill vacancies - - R 

heretofore held, legalized - 8 

of judge, &c, in tenth circuit - 12 
of officers of railroad companies 19,20 
of officers of navigating cornpa- 
. nie 9 - - 36,37 

Error in sale for taxes, how remedied - 7 

Evidence, articles of railroad associa- 
tion to b# . . is 

Executors, when controlling stock in 

railroads - - - 22 



F. 

Fees, of marshal - 

of jurors and witnesses 

Fines, imposed by special circuit court 
to be collected by sheriff, when 
due the state 

Flogging in the navy, resolufions 



Gallatin county, times of holding courts 

in 16 
Governor, to approve bills, for statione- 
ry, paper, Ac. - - 4 
to certify pay of his secretary - 1 
to procure and pay for swords - 5 
to i«sue writs of election to fill 

vacancies - - 8 

his duty in suppressing mobs - 8 

Guardian of orphans in Chicago - 43 

H. 

Hardin county, times of holding courts 

in - , . it> 

Highways, how crossed by railroads - 28 

Hospital of the Lake, incorporation of 40 



Illinois Hospital of the Lake, incorpora- 
ted - . .40 
general object of - 40 
organization of . 40 
corporate powers - - 40 
counties and cities may send their 

paupers - - -41 

property exempt from taxation - 41 
Incorporations, railroad. See railroad 

Incorporations. 
Indictments for riot, Sec. - -10 



Joint resolutions, concerning Atlantic 

and Ptcific railroad - b'.i 
relative to amending the constitu- 54 
tion - - - 54 
relative to flogg ing in the navy - 54 
relative to remotal of obstruc- 
tions in the Mississippi - 55 
donating books to colleges and 

universitits - - 55 

relative to the Pacific railway - 55 

relative to publishing the laws - 5ti 
for procuring a stone for the 

Washington monument - 57 
relative to laws, journals, copy- 
ing, &c. - - - 57 
Journals, resolution concerning printing 

of 57 

Judges of county courts, duties - 47 

Judge of tenth circuit, election of, - 12 

duty of, in tenth circuit - 13 

Judges of circuit courts, duties in case 

of mobs - - y 

their duties - - - !f 

Judicial circuits. See Circuit Couits. 

Jurisdiction of circuit courts, extended - 9 

of judges of county court - 17 



INDEX. 



(iii) 



Jurors, qualifications, in case of mobs - 9 
compensation of - -11 

Justices ot the peace, county judges to 

be - - - 17 

K. 

Kane county, assessments in, legalized - 51 



L« 

Lake county, time of holding courts in - 16 
Land, how acquired by railroad compa- 
nies - ' - 23,24 
how acquired by navigating com- 
panies - - - 38 
Lnw, preservation of against mobs - 8 
Laws, published in three newspapers - 56 
resolution concerning publica 
tion of - - 56, 57 
Liability of stockholders in railroads - 21 
Licenses, to be issued by auditor instead 

of secretary - - 50 

Lien on railroad property - - 30 

Little Wabash, improvement of - 35 
Limitation of actions, lawsi respecting 

amended - 44,45 

M. 

Marshal, to be appointed in cases of ri- 
ot, &c, - - 9 
may summon posse - - 10 
fees of - - - 10 

Mails, to be carried on railroads - 30 

Manufacturing companies, act incorpo- 
rating - - - 3b 

Mileage, allowed to officers of general 

assembly - - 4 

Mississippi river, removing obstructions 

in 55 

Mobs, suppression of - - 8 

N. 

Navigating and manufacturing compa- 
nies, incorporation of - 3.) 
articles of association - - 35 
corpoi ate powers - - 36 
tiay construct dams, locks, &c. - 36 
capital stock divided into shares 36 
election of directors and officers 36 
management, liabilities and privi- 
leges - - -37 
may acquire right of way - 37 
may dispose of water povser - 38 
may collect tolls - - 39 
may recover for damages - 39 
profits n«t to exceed 15 per cent. 39 
when boats not subject to toll - 39 
Jtfolle prosequi, when entered in prosecu- 

tieus ftr riot • - 11 



o. 

Officers, of general assembly, to be paid 

mileage - - 4 

of volunteers, swords to be pro- 
cured for - .5 
Orphan asylum, at Chicago - - 42 
Orphans, poor, in Chicago, how disposed 

of - - 43 

P. 

Pacific railway, resolution! concerning 55 

Peabody, claim of, to be adjusted - 5 
Penalties, irnpoted by special circuit 

court - - - 11 
Personal estate, stock in railroads to be 2! 
Petition for railroad location - 25 
Postponement of special terms of cir- 
cuit court - - - 11 
Practice in circuit courts in case of riot 11 
Printer, duty, fees, &c , in advertising 

delinquent lands - - 49 
Private secretary of governor, his pay 

and mileage - - 4 
Posse, when tummoned in riot cases - 10 
compensation of - - 10 
Prosecuting attorneys, duties and com- 
pensation of - 7 
duty ot, in prosecutions for riot, 
&c, - - .9 
Punishments, for rioting, 4'c-j liow in- 
flicted - - - II 

Q- 

Qualifications for jurors, in trials for riot, 

&c. - - 9 



R. 



Railroad incorporations, act for location 

of IS 
twenty-five subscribers may in- 
corporate - • -18 

when directors may be elected - 18 

articles of association - - 18 

commissioners to be appointed - ]8 
articles to be filed in secretary's 

office - - - 18 

articles may be read in evidence 19 

powers of corporation - 19 

when books may be opened - 19 

division of stocks - - 19 
when and where directors may be 

chosen - - - 19 
who may vote - - 19 
who may be directors - - 20 
result of election, how authenti- 
cated - - - 20 
first meeting of stockholders - 20 
duty and responsibilty of offi- 
cers - - 20,21 



(iv) 



INDEX. 



Railroail incorporations, president and 
sub mini ile otffeets 
when stock fot felted - 
duectors to make by-laws 
ownership and transfer ot stock - 
responsibility of stockholders 
certificate to be filed in secreta- 
ry's office - 
directors liable for abuse of trust 
decedent estates, how liable 22, 
map ot road to be filed in coun- 
ties - 
powers of corporation - 
examination and survey of road - 
may enter upon lands or waters - 
may take and hold real estate 
Concerning mteisections with riv- 
er-, Jcc. - . 
intei sections with other road3 
variations of routes 
may collect tolls 
may borrow money 
preliminary application to the le- 
gislature - 
how ptivate property may be ta- 
ken 
duty of courts - 26, 
routes and termini, how indicated 
consent of legislatures to be ob- 
tained - 
alteration of line 
hisjhvvay*, ho vv crossed 
public lands, how taken 
baifee* to be worn by employees - 
annual report required, its con 

tents - - 

propeity of corporation taxable 
liens upon corporate properly 
rates ol tolls may be altered 
mail? to be c« tried, rates of com 

pensation - 
regulations as to passengers and 

freight 
regulations as to running of cars 
construction and completion of 

ro. id - 

existing corporations, have benefit 

ol tins act 
counties and cities may subscribe 
stock "''"." 

may borrow money to pay for it 
iri'iy issue bonds 
corporation may receive su«.h 

boud-t 
vote ol people to be taken 
majority of all votes requited 
Report to be made by railroad compa 

nies 
Revenue, lo be collected in town of Can- 
ton - 
laws respecting, amended 
clerks to prepare assessment 
boaks ... 
asiess»i'< duty 
clerk* to deliver tax books 



• 30 

31 
31 

3-2 

33 

33 
33 
33 

34 

31 
31 

• 29 

44 
4i 



PACE. 

Revenue, collector to file bond - 49 

f line of posting not ic s - 4*> 

taxes, when to be collected - 4b' 

publication of delinquent list - 4ri 
collector, when requited lo settle 46 
transcript ol sales to b.; sent to 

auditor - - - Al 

acquittance of collector on full 

payment - - - 47 

if collector die, duty ol clerk - 4V 
examination of deceased collec- 
tor's accounts. - - 47 
vacancy by daatb of collector, 

how filled - - 47 

proceedings on failure lo obtain 

judgment - - 48 

collector, to pay over on failure 

by nejjlect - - 48 

judgment lor taxes, where ob« 

tamed - - - 48 

printer to transmit copies of pa- 
pers, &c, - - - 49 
forfeited lands, how disposed of 49 
county clerks not to receive re- 
demption money - - 49 
auditor to refund money paid in 

error - - - 49 

sheriff to collect fines, and pay 

over - - - 50 

auditor to issue licenses, instead of 

secretary - - - 50 

print-r's fees, how paid in certain 
cases - - - 50 

Revised Statutes, chapter 89 amended, 7,50 
chapter 66 - - - 45 

Rebellion, how put down - 8 

Resolutions see Joint Resolntioi s. 
Right of way, acquired by railroad com- 
panies - - - 25 
Robeits,J. S, claim of - 6 
Rules ol practice, in trials for ri t, &c. 10 



Saline river, improvement of - - 3ft 

Secietary of state, duty of, respecting 

tenth circuit - - 3 

no longer to issu.; licenses - bo 

to present books to colleges u ..-i 

universities - - 55 

Sheriffs, to pay over money collected 

for state - 1 

vacancy in office of, how filled - 8 

Slack-waler navigation, incorporation of 35 

Special tetms, of cncuit cour.s - 8 

may be pos poned - - 10 

State's attorney in ten !i circuit, election 

and duties of - 12, 13 

Stockholders in railroads responsible - i\ 
Supreme coutt, prosecuting attorneys *« 

attend - - / 

Surveyors, vacancies in office »t, h^ - 

filled - • - 8 

Swords, governor to proeur* 5 



INDEX. 



(*) 



T. 

Taxes, to be refunded, in certain cases 7 
railroad property liable for - 30 
Lake Hospital, exempt front - 41 
hereafter imposed in town of Can- 
ton - - 44 
proceedings to sell lands for - 49 

Terms, of circuit courts, special - Ji 
may be postponed - -11 
in various courts. See Circuit 
Courts. 

I)- 

Universities, books donated to - 55 



v. 

Vacancies, in county offices, how filled 
heretofore filled, legalized 
by death of collector, how pro- 
vided for - - - 4 



w. 

Washington monument, resolution con- 
cerning - - -56 
Witnesses, lees of - • -11 
Writs of error, in certain cases - 11