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Full text of "Laws of the State of Illinois"

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http://www.archive.org/details/lawsofstateofillinv11867illi 



PRIVATE LAWS 



OF THE 



STATE OF ILLIJSrOIS, 



PASSED BY THE 

TWENTY-FIFTH GENERAL ASSEMBLY, 

WESTERN ILLINOIS UNIVERSITY LIBRARY 

CONYEN 



mm 

3 1711 00611 7944 



VOLUISIE I. 



SPRINGFIELD : 

^ BAKEB, BAILHAOHE & CO., PRINTEES 

1867. 



TABLE OF CONTENTS. 



ACADEMIES, COLLEGES, ETC ; pagb. 

An act to amend the charter of the Illinois Agricultural College A 1 

An act to incorporate the trustees of the Shelbyville Seminary 3 

An act to authorize the board of supervisors of Stark county to sell the "Toulon Female 

Seininary." , 4 

An act to incorporate the Anderson Female Seminary 4 

An act to amend an act entitled "An act to incorporate the Northwestern tTniyersity," 

and the sev^al acts amendatory thereof 6 

An act to incorporate the Illinois Soldiers' college at Fulton, in Whiteside county 6 

An act to incorporate the Simpson Seminary and Collegiate Institute 10 

An act to incorporate the Mount Carroll Seminary 13 

An act to incorporate Metropolis Seminary in Metropolis, Illinois 15 

An act to incorporate the Evanston Academy 16 

An act to amend an act entitled "An act to incorporate the North Illinois University." 17 

An act to incorporate the McDonough Normal and Scientific College 18 

An act to amend the act entitled "An act to incorporate the Fowler Female institute, 

approved February 10, 1857 19 

An act to incorporate the United Presbyterian Theological Seminary of the Northwest.. 20 

An act to incorporate the Kankakee Male and Female 8eminary 25 

An act to amend an act entitled "An act to incorporate the Urbana and Champaign 

Institute," approved February 21st, 1861 27 

An act to incorporate the Lincoln Institute 27 

An act to incorporate "Southern Illinois college." 29 

An act to incorporate Southern Illinois College in Carbondale, Jackson county 32 

An act to incorporate Southerd Illinois Christian University 35 

An act to incorporate Edgar Collegiate Institute, located in Edgar county, Illinois 36 

An act to incorporate De Witt county Seminary §7 

AGRICULTURAL SOCIETIES, ETC : 

An act to incorporate the Booue County Agricultural Society 41 

A.n act to incorporate the Alton Horticultural Society 42 

An act to amend an act entitled "An act to incorporate and legalize the incorporation 

of the Macon County Agricultural Society," approved February 15, 1865 45 

An act to amend an act entitled "An act to incorporate the McLean County Agricultural 

Society," approved February 12, 1853 45 

An act to incorporate the Adams County Agricultural and Horticultural Association 44 

An act to incorporate the Villa Ridge Horticultural Society ... 46 

An act to increase the powers of the JoDaviess County AgricuKural Society 47 

An act to amend an act entitled "An act to incorporate the Morgan County Agricultural 

and Mechanical Association 48 

An act to incorporate the Illinois Fruit Company 49 

An act to incorporate "The Northwestern Fertilizing Company." 50 

ARTESIAN WELLS: 

An act to incorporate the Chicago Artesian Well Company 51 

An act to incorporate the Artesian Water Supply Company 53 

AVENUES: 

An act to vacate certain avenues traversing the southeast quarter of section twenty-four 

(24) in township one (1) south of range nine (9) west of the fourth principal meridian, 

in Adams County, Illinois 55 

BANKING INSTITUTIONS, ETC. : 

An act to incorporate the Bond County Trust and Loan Company 55 

An act to incorporate the Henderson Loan and Real Estate Association 57 

An act to incorporate tfte Dollar Savings Association of Cairo 60 

An act to incorporate the Springfield Savings Bank 62 

An act to incorporate the La Salle Couutv Savings, Loan and Trust Company 65 

An act to incorporate the Merchants' and Mechanics' Savings Bank of Danville 68 

An act to incorporate the German Banking Institution 72 

An act to incorporate the Mutual Trust Society 75 

An act to incorporate the McLean County Banking Institution 79 

An act to charter the Mascoutah Real Estate and Savings Bank 81 



IV CONTENTS. 

BANKING INSTITUTIONS, ETC.: pagk. 

An act to incorporate the Ottawa Loan and Trust Company 83 

An act to incorporate the Danville Savings and Trust Company 87 

An act to incorporate the Fulton Savings Bank 90 

An act to incorporate the City Savings Bank 92 

An act to incorporate the International Mutual Trust Company 94 

An act to incorporate the Ottawa Savings Bark 97 

An act to incorporate the Madison County Land and Loan Company 99 

An act to incorporate the DeWitt County Loan and Trust Company 101 

An act to incorporate the National Loan and Trust Company of Chicago lui 

An act to incorporate the International Mutual Exchange and Investment Company 106 

An act to incorporate the Peoria Savings Bank 110 

An act to incorporate tHe Sterling Bank of Sterling, in Whiteside county 113 

An act to incorporate the Farmers' Exchange and Loan Company 115 

An act to incorporate the Marion County Trust and Loan Company 117 

An act to incorporate the Illinois Land and Loan Company 120 

BENEVOLENT ASSOCIATIONS: 

An act to incorporate the Journeymen Plasterers' Benevolent and Protective Association 

of the City of Springfield, Illinois 123 

An act to incorporate the Preachers' aid Society of the Rock River Conference •f the 

Methodist Episcopal Church 124 

An act to incorporate the La Societie Francaise de Secours Mutuels 125 

An act to incorporate the Catholic Aid Society of the City of Carlinville, Illinois 126 

An act to incorporate the Workman's Mutual Aid Society of Highland, Madison County, 

Illinois 128 

An act to incorporate the German Workingmen's Association of Lacon, Marshall county, 

Illinois 129 

An act to incorporate the United Hebrew Relief Association of Chicago 130 

An act to incorporate the Scandinavian Immigrant Aid Society 132 

An act to incorporate the German Masons' and Bricklayers' Society of Chicago 133 

An act to incorporate the Deutscher Roemisch Katholischer St. Peter's Unterstuetzungs 

Verein 135 

An act to incorporate La Societe Francaise de Bienfaisance de 1' Illinois 136 

An act to incorporate the German Workingmen's Association of the city of Pekin, 

Illinois 137 

An act to incorporate the Workman's Mutual Aid Society, of Trenton, Clinton county. .139 
An act to incorporate the Society of the Free Benevolent Sons of America, of the city 

of Cairo, Illinois 140 

An act to incorporate the V>'ashingtonian Home, of Chicago 141 

An act to incorporate the Firemen's Benevolent Association, of Springfield, Illinois, and 

for other purposes...-. 143 

An act to incorporate the French Mutual Society, of Ottawa, Illinois 145 

An act to incorporate the Benevolent Association of the Paid Fire Department of the 

City of Chicago, and for other purposes 147 

An act to incorporate the Seamen's Benevolent Union, of Chicago. 149 

-An act to incorporate the Thief Detective and Mutual Aid Association, of Princeville. . .150 
An act to incorporate the German Workicgmen's Mutual Relief and Insurance Associa- 
tion, of Peoria 151 

An act to incorporate the Sisters of the Good Shepherd, of the City of Chicago 152 

BOARD OF IMPROVEMENT; 

An act to amend the charter of the American Bottom Board of Improvement, approved 

February 10, 1853 153 

BOARD OF SUPERVISORS: 

An act to legalize the acts of the Board of Supervisors of Richland county 157 

BOARD OF TRUSTEES: 

An act to amend the "Act to incorporate a board of trustees for the town of Lake View, 

in Cook county," approved February 16, 1805 157 

BOARD OF PUBLIC WORKS: 

An act in regard to the Board of Public Works of the City of Chicago 160 

BOOK CONCERN: 

An act to incorporate the Western Methodist Book Concern of the Methodist Episcopal 
Church 161 

BOUNDARY LINES: 

An act to explain an act therein named 162 

BOUNTY FUND: ,. . , 

An act to authorize the citizens of Orion township, in the countjfcof Fulton and state of 
Illinois, to change the fi.nd known as the Bounty Fund to the School Fund of said 
town 162 

An act to authorize and empower the Vincennes Draw Bridge Company to acquire and 
hold real estiite in this state, and to authorize said company to construct their bridge 
across the Wabash river 163 



CONTENTS. y 

BRIDGES : page. 

An act to legalize the Quincj Railroad Bridge Company, and to facilitate and encourage 

the construction of a railroad bridge over the Mississippi river at Quincy 165 

An act to amend an act entitled an act to amend "An act to authorize a company to build 
a biidge across the Illinois river at the City of Henry, and to amend an act entitled 
'an act to authorize a company to build a bridge across the Illinois river at the City of 

Henry 166 

An act to incorporate the Pike and Scott County Bridge Company 166 

An act to amend an act entitled "An act to incorporate the Alexander and Pulaski Plank 

Road and Bridge Company," approved Feb. 21, 1863 167 

An act to incorporate the Illinois and St. Louis Bridge Company 168 

An act to authorize certain towns in the counties of Will, Kankakee and Grundy to vote 
for or against a tax for building and repairing the bridge acrpss the Kankakee river, 

at Wilmington, in Will county 170 

An act to incorporate the Lacon Bridge Company 171 

An act for the construction of abridge across Fox river at Ottawa 177 

An act to amend an act entitled "An act legalizing the sale of the bridges, property, 
franchises, etc., of the Rock Island and Camden Plank Road Company to the City of 

Rock Island ..178 

An act to incorporate the Pike County Bridge Company 179 

An act to authorize certain towns therein named, in Bureau county, to raise money to 

* build a bridge across Green river ISO 

An act to incorporate the Alton and St. Charles county Bridge Company ISO 

An act to authorize the town of Ottawa, in La Salle county, to erect two bridges across 

the Illinois and Michigan Canal 1S2 

An act authorizing the city of Lacon to subscribe to the capital stock of the Lacon 

Bridge Company 183 

An act to provide for the collection ot tolls upon the bridge across the Illinois river op- 
posite La Salle, and the disposition of the moneys aiising therefrom 184 

An act to extend the time of commencement and completion of the Dubuque and Dun- 

leith Bridge Company 188 

An act to authorize certain towns therein named to borrow money, and levy taxes in aid 

of building a bridge across the Kankakee river 188 

An act to incorporate the Wilmington Bridge Company 1S9 

BREWERIES: 

An act to incorporate the Busch and Brand's Brewery Company 193 

An act to incorporate Huck's Chicago Brewery Company 197 

An act to incorporate the Union Brewery and Coopering Company 199 

BDILDliVG ASSOCIATIONS: 

An act to incorporate the Elmwood Building Company 201 

An act to amend an act entitled "An act to incorporate the Milton Block Association," 

approved February 16, 1865 202 

An act to incorporate the Rockford Building Association, of the City of Rockford 202 

An act to incorporate the Chicago Building Block Company 204 

An act to incorporate the Mercantile Building Association 205 

CAMP GROUND ASSOCIATION : 

An act to incorporate the Chicago District Camp Ground Association 206 

CEMETERIES: 

An act to incorporate the Winchester Cemetery Association 208 

An act entitled an act to incorporate Elmwood Cemetery, of Litchfield, Illinois 209 

An act to incorporate the Collinsville Cemetery Association 211 

An act to incorporate the German Pilgrim's Rest Cemetery Company 214 

An {\et to incorporate the West Aurora Cemetery Company 218 

An act to incorporate the Shelby ville Cemetery Association 222 

An act to authorize Isaac N. Morris to lay out a part of the southwest quarter of section 
eleven, township two south, range nioe west, as a burying ground, and to convey the 
same, or any part thereof, to the mayor and aldermen of the city of Quincy, on terms 

to be mutually agreed upon between the parties 226 

An act to amend an act entitled "An act to incorporate Oak Woods Cemetery Associa- 
tion," approved February 12, 1853 227 

An act to incorporate the Evergreen Cemetery 229 

An act to amend an act entitled "An act to incorporate the Canton Cemetery Company," 

approved February 1, 1851 281 

An act to incorporate the Golconda Cemetery Association 231 

CHANGE OF NAMES: 

An act to change the name of Lucilla Deen to Mary AnnScurlock, and for other purposes. 232 

An act to change the name of Susan H. Smith 233 

An act to change the name of Minnie Adela Miller, and make her the heir of Robert M. 

Dihel and Catharine R. Dihel 233 

An act to change the name of John W. Semon to that of John W. Lee, and make him 

heir-at-law of John W . Lee and Mary F. Lee 234 

An act to change the name of George Ludwig Theodore Peterson to Christian Grader. .234 
An act to change the name of Thomas Morris Francis to Thomas Francis Sellick 235 



VI CONTENTS. 

CHANGE OF NAMES : page. 

An act to define and legalize the names of Anna and Emma, and constitute them heirs- 

at-law of Layton Collar and Electa J. Collar 235 

An act to change the name of Thomas Griffin to Thomas Jefiferson Wilson, and make 

him heir-at-law of Harry S. Wilson and Clara A. Wilson 235 

An act to change the name of Ary J. Hufl'man to thai of Ary J. Yapp, and to make him 

the legal heir of J acob Yapp 236 

An act to change the name of Augusta Ernestine Kurth to that of Augusta Ernestine 

Retzlolf, and to make her heir-at-law of John Retzlofl 236 

An act to change the names of Mary Frances Runyan and Frank Clark Runyan to Mary 

Frances McVicker and frank Clark McVicker, and make them heirs-at-law of James 

H. McVicker 237 

An act. to change the name of Emmaretta Orcutt to Emma Orcutt Brackelt, and make 

her heir-at-law of Horace Dennison Brackett 237 

An act to change the name of Minnie McMahon to Minnie Mather, and make her the 

heir-at-law of Frederick H. Mather and Rhoda E. Mather 238 

An act to change the name of Mary Alice Waters to that of Mary Alice Williamson, and 

declaring her to be an heir-at-law of Eli Williamson 238 

An act to change the name of Anna M. Houston to that of Anna M. Littleton, and to 

adopt and thereby constitute Anna M. Littleton an heir-at-law of Jacob Littleton, as 

one of the children of the said Jacob Littleton 239 

An act to change the name of Etta Belle Holt to Etta Belle Turney, and to make her 

heir-at-law of Fayette Turney 239 

An act to change the name of George Washington Goodman to William Felt 239 

An act to change the name of a certain person therein named, and make her heir-at-law 

of Alfred A. Crarey and Eunice J. Crarey 240 

CHURCHES: 

An act to amend an act entitled "An act to change the name of the German United 
Evangelical Protestant Congregation of the Lutheran and Reformed Confession, in 
Quincy, Illinois, and to incorporate the same by the name of the ' Evangelical 
Lutheran Church of St. John, Quincy, Illinois' " 240 

An act to amend an act entitled "An act to incorporate the German Evangelical Salem's 
Church, of Quincy, Illinois" 241 

An act to change the name of the Union Grove Baptist Church 241 

An act to amend an act entitled "An act to incorporate the Evangelical Lutheran Synod 
of Missouri, Ohio, and other states," approved February 16, 1865 242 

An act to incorporate the Springfield Hebrew Congregation 242 

An act to incorporate the Peoria Hebrew Congregation Anshai Emeth, of the city of 
Peoria, county of Peoria, in the state of Illinois 243 

An act to legalize the acts of trustees of the Methodist Episcopal Church of Chillicothe.244 

CLUBS; 

An act to incorporate the Chicago Union Club House 245 

An act to incorporate the Chicago Caledonian Club 248 

CONVENTS: 

An act to amend an act to incorporate the Springfield Roman Catholic Ursuliue Con- 
vent of St. Joseph, in force February 24, 1859 249 

An act to incorporate the "Alton Roman Catholic Ursuline Convent of the Holy Family. 250 

CITIES : 

An act to charter the city of Mattoon 252 

An act to amend an act entitled "An act to incorporate the city of Chester, in Randolph 

county, Illinois 286 

An act to amend an act entitled "An act to charter the city of Urbana," approved Feb- 
ruary 14, 1855 : 286 

An act to enable the citizens of the city of Morris to raise money to improve public 

roads or bridges leading into the city 287 

An act to incorporate the city of Pana 288 

An act to charter the city of Effingham 308 

An act to incorporate the city of Jacksonville, in the county of Morgan, and State of 

Illinois •••• 336 

An act to create ward number five in the city of Morris 367 

An act to reduce the charter of the city of Cairo, and the several acts amendatory thereof, 

into one, and revise the same 363 

An act to amend the charter of the city of Shelby ville, and vacate certain alleys in said 

city 389 

An act to amend the charter of the city of Macomb 392 

An act repealing section third of an amendatory act, approved February 13, 1851, enti- 
tled an act to amend the act incorporating Jacksonville 392 

An act to amend the charter of tlie city of Lincoln 392 

An act granting a new charter to the city of Decatur, and to reduce the several acts in- 
corporating said city into one act , 419 

An act to incorporate the city of Jersey ville 454 

An act to amencl "An act to amend an act entitled ' an act to reduce the law incorporating 
the city of Galena, and the several acts amendatory thereof, into one act, and to amend 
the same, and for other purposes," ' approved February 6th, 1865 472 



CONTENTS. VII 

CITIES: • PAGE. 

Aq act to amend an act entitled "An act to incorporate to city of East Saint Louis." 473 

An act to incorporate the City of Carlinville 479 

Au act to amend an act entitled "An act to amend an act, entitled 'an act to incorporate 

Metropolis city,' " approved February 25, 1845 496 

An act to incoi porate the city of Mendota 497 

An act to amend "An act granting a new charter to the city of Belleville, and to reduce 

the several acts incorporating said city into one act." 530 

An act to incorporate the city of Kinmundy 567 

An act to amend an act entitled "An act to incorporate the city of Alton." 577 

An act to incorporate the city of Mount Carroll 581 

An act to amend an act entitled "An act to incorporate the city of La Harpe," approved 

24th, 1859 594 

An act to amend the act entitled "An act to incorporate the city of Galesburg," appro- 
ved February 4, 1857 - 594 

An act to incorporate the city of Morrison 595 

An act to extend the charter of the city of Joliet 619 

An act to amend the charter of the city of Amboy 622 

An act to define the limits of the city of Peoria and to amend the charter of the same. . .622 

An act to repeal an act entitled "An act to amend the charter of the city of Alton" 625 

An act to incorporate the city of Carrolton 625 

An act to amend the charter of the city .of Canton 636 

An act to extend the corporate limits of the city of Quincy , 637 

An act to amend the charter of the city of Monmouth 638 

An act to extend the corporate limits of the city of Litchfield, and for other purposes. . .638 
An act to amend an act entitled "An act to grant and establish a city charter for the city 

of Bloomington." 639 

An act to establish and incorporate the city of Watseka, the county seat of Iroquois 

county 655 

An act to authorize the city of Macomb to elect supervisors and other officers , 678 

An act to amend the charter of the city of Aurora 680 

An act to incorporate the city of Murphysboro 681 

An act to amend an act entitled "An act to charter the city of Ottawa," approved Feb- 
ruary 10, 1853 691 

An act to amend the charter of the city of Eock Island 693 

An act to amend an act entitled "Anact to charter the city of La Salle," approved June 

23, 1852, and an act amendatory thereof, approved February 18, 1857 693 

An act supplemental to an act entitled "An act to reduce the charter of the city of Cairo, 

and the several acts amendatory thereof into one act, and to revise the same." 694 

An act to amend the charter of the city of Sterling 695 

An act in amendment of and supplementary to an act entitled, "An act to reduce the 
charter of the city of Chicago, and the several acts amendatory thereof, into one act, 
and to revise the same," approved February 13, 1863, and the act amendatory thereof, 

approved February 15, 1865 708 

An act to amend the city charter of the city of Kankakee 710 

An act to charter the city of Danville 7 1.1 

An act to amend an act entitled "An act to incorporate the city of Salem," passed and 

approved February 16th, 1865 744 

An act to amend an act entitled "An act to charter the city of Ottawa," approved Feb- 
ruary 10th, A. D. 1853 745 

An act to amend an act incorporating the city of Knoxville, passed February 10, 1853 — 746 
An act to amend an act entitled, "An act to incorporate the city of Freeport," in force 

February 14th, 1855, and the several acts amendatory thereto." 747. 

An act supplementary to "An act to reduce the charter of the city of Chicago, and the 
several acts amendatory thereof, into one act, and to revise the same," approved Feb- 
ruary 13th, 1863, and the several amendments thereto 754 

An act entitled an act to incorporate the city of Clinton 779 

An act to amend "An act to incorporate the city of Sparta, in Randolph county," appro- 
ved February 24th, 1859 790 

An act to incorporate the city of El Paso 792 

An act to incorporate the city of Olney • 824 

An act supplemental to an act, entitled "Anact to amend the charter of the city of Lin- 
coln," approved February 21, 1867 835 

An act to amend the city charter of Mound City, Illinois, and to amend all acts hereto- 
fore passed incorporating the said city, and for other purposes 835 

CITY INDEBTEDNESS; 

Anact to enable the city of Dixon to borrow money for the purpose of building and 

maintaining a bridge across Kock river, at Dixon, Illinois 837 

An act to authorize the board of trustees of the town of Belvidere, in Boone county, to 

issue bonds and to levy taxes for the purpose of building a bridge across the Kishwau- 

kee river 838 

An act to authorize the city of Nauvoo, in Hancock county, Illinois, to raise money for 

cemetery purposes ; • • • 839 

An act to authorize and empower the city of Henry to subscribe to the capital stock, or 

loan its credit to a cotton manufacturing company in said city of Henry 840 



Vin CONTENTS. 

CITY INDEBTEDNESS : page. 

An act to authorize the city of Belleville and the town of Mascoutah to issue bonds 841 

An act to authorize cities, towns or townships lying within certain limits to appropriate 
moneys and levy a tax to aid the construction of the Chicago, Danville and Vincenues 

railroad 8^2 

An act to enable the city of Sterling and certain towns in Whiteside county to issue 
bonds and raise money by taxation to establish a free bridge across Eock river at the 

city of Sterling 843 

COMMERCIAL CORPORATIONS: 

An act to incorporate the Traders' Emporium 847 

An act to incorporate the Guarantee and Investment Association 84§ 

An act to incorporate the East St. Louis Board of Trade 852 

An act to incorporate the Belleville Board of Trade. 852 

An act to incorporate the Chic ago Guarantee Association i 863 

COUNTIES: 

An act to authorize the inhabitants of the various townships of Fulton county to sub- 
scribe to the stock of railroad companies in said county 856 

An act to legalize the sales and conveyances of swamp and overflowed lands in the county 
of Crawford ..858 

An act to enable the people of DeKalb county to relocate the county seat and erect pub- 
lic buildings .• 858 

An act to enable the county of Pope to construct county buildings 865 

An act to authorize the counties of Woodford, La Salle and Livingston and the townships, 
cities, incorporated towns and corporations in said counties, to subscribe to the capital 
stock of any railroad company that now is or hereafter may be incorporated in the 
state of Illinois 866 

An act to create the county of Lincoln, and for other purposes 868 

COUNTS INDEBTEDNESS: 

An act relating to the county of Adams and city of Quincy 873 

An act to authorize the board of Supervisors of Lake county to make an appropriation 
in aid of the "Lake County Soldiers' Monument Association." 874 

An act to authorize the county of Richland to issue bonds and to levy a tax for the pur- 
pose of building a court house in said county 874 

An act to authorize the board of supervisors of the county of Woodford to borrow money 
for the purpose of buying a poor farm, and to provide for the payment of the same. . .875 

An act to authorize Morgan county to borrow money aud issue her bonds therefor 875 

An act to authorize the board of supervisors of McDonough county to make an appro- 
priation in aid of the Soldiers' Monument Association 877 

An act to amend an act, entitled "An act to authorize the Board of Supervisors of Ken- 
dall county to borrow money." 877 

An act authorizing the county of McLean to issue bonds for the purpose of building a 
court house .878 

An act to authorize the county court of Macoupin county to borrow money, issue bonds, 
and levy taxes, to raise money to erect a new court house, in the city of Carlinville, 
in said county , 878 

An act to legalize the action of the board of supervisors of the county of Effingham, and 
to provide for the payment of bonds and interest on the same, issued by order of the 
said board of supervisors 879 

An act to authorize the county court of Alexander county and the city of Cairo, to make 
subscriptions and issue bonds therefor in certain cases therein named 880 

An act to enable the county of Warren to levy taxes and borrow money for the purpose 
of building a court house and jail in said county 881 

An act to authorize the county of Cook to issue bonds and to provide for the payment of 
the principal and interest thereon 882 

An act to legalize the interest bearing bonds, issued by McLean county, to enable the 
raising of bounties, and to levy a tax to pay the same 883 

An act to authorize the county of Madison to borrow money 883 

An act to authorize the county of Pike, and the several towns therein, to subscribe stock 
in railroad companies 884 

An act to authorize the county of Kankakee to borrow money 887 

An act to gnuble the county of Lawrence to levy a tax and provide means for the payment 
of the indebtedness of said county 888 

An act to amend an act entitled, "An act to authorize the county court of Macoupin 
county to issue bonds and levy taxes to raise money aud pay bounties to volunteers," 
apprt)Ved February Gth, 1865 S88 

An act to enable the board of supervisors of Lee county to use their swamp land funds in 
payment of the indebtedness of said county 889 

An act to enable the board of supervisors of Edgar county to levy a tax to build a sol- 
diers' monument 889 

An act to legalize the acts ot the board of supervisors of the county of Ford borrowing 
money and issuing bonds theiefor 890 

An act to amend an act entitled "An act to authorize the county court of Perry county 
to issue bonds," approved February 16, 1865 890 



CONTENTS. IX 

COUNTY INDEBTEDNESS: «page. 
An act to authorize the county of Morgan to issue bonds and to levy taxes, for the pur- 
pose of building a court house in said county 891 

An act to authorize the county court of Randolph county to issue bonds 891 

CODNTY SEATS: 

An act to remove the county seat of Cass county 892 

An act to relocate the county seat of Du Page county. 894 

An act to provide for the removal of the county seat' of Woodford county, in this state. .897 
An act to amend an act entitled, "An act to enable the people of De Kalb county, to re- 
locate the county seat and erect public buildings, approved February 12, 1867" 899 

COURTS : 

An act to legalize certain acts of th'e county court of McHenry county, Illinois, therem 

named 900 

An act to provide for transcribing Deed Records "A," "B" and "C," and Circuit Exe- 
cution Docket "A," Circuit Court Record "B" of Lawrence county, Illinois 900 

An act to legalize certain acts therein mentioned 901 

An act to enable the county court of Iroquois county to perpetuate evidence of the con- 
tents of records and papers destroyed by fire, and to grant relief in certain cases 

therein mentioned 902 

An act to enable the county court of Pulaski county to order a special assessment of the 

real estate of said county for the year 1866 904 

DAIRY AND CHEESE COMPANIES : 

An act to incorporate the Fox River Dairy and Cheese Factory Company 904 

An act to incorporate the Bureau County Dairy and Cheese Company 906 

An act incorporate the La Salle County Dairy and Cheese Company 907 

An act to incorporate the Champaign County Dairy Company 908 

DRAINAGE : 

An act to amend an act entitled "An act to authorize the drainage of wet lands 
in townships forty-one and forty-two, in range thirteen and fourteen east, and 
sections one (l),"two, eleven and twelre (12), in township forty, of range thir- 
teen, and to incorporate the drainage commissioners for that purpose.". , 909 

An act to amend an act entitled "An act to authorize the drainage of land in town- 
ships therein mentioned, and to construct roads therein." .'. • • • - • .910 

An act providing for the drainage of certain lands in Champaign county, Illinois. .911 
EDUCATIOX: 

An act to amend an act entitled "An act to establish a Board of Education in the^ 
cityof Quincy," approved February 20, 1861, and "An act supplemental thereto," 

approved, February 22, 18Q1 '. •. ^^^ 

An act to amend an act entitled "An act to establish a corporation in Sparta 

school district, for the purpose of public education." 916 

ELECTIONS : 

An act to fix the place of holding elections in the town of Silver Creek, in the 

county of Stephenson ^^J^ 

An act to divide the town of Springfield into election districts. 917 

An act to legalize an election held for railroad purposes in the town of Edwards- 

ville, in Madison county ; • •^■'■° 

An act to divide the town of Decatur, in the county of Macon, into two election 

districts • ^21 

An act to regulate the holding of elections in the town and city of Peoria 922 

An act to change the time of holding town meetings in Will county, create elec- 
tion precincts, and provide for the election of commissioners of highways, for 

the town of Joliet ^^^ 

ENGRAVING COMPANY: 

An act to change the name of the Western Engraving Companv 926 

EVIDENCE CF MARRIAGE : 

An act for the better preservation of the evidences of marriages in the county of 

Madison 926 

FERTILIZING COMPANY: 

An act to incorporate the Northwestern Fertilizing Company 927 

FERRIES : 

An act relating to a ferry therein named, across the Mississippi river, opposite the 

city of Louisana, Missouri , ^^" 

An act to establish a ferry across the Illinois river, at Florence '■" ' i '^^^ 

An act to amend an act entitled "An act to establish a ferry at Chester, in the 
county of Randolph, on the Mississippi river, approved January 17th, 1849, ^^^ 
an act to amend the same," approved Februarv 21st, 1859 ^-^ 

Vol. 1-2 



X CONTENTS. 

FERINE S: page. 

An act to incorporate the Chalk Bank Ferry Company 980 

An act to amend the charter of the Madison County Ferry Company 982 

An act to establish a ferry in the county of Crawford, across the Wabash river, in 

town seven north, of range ten (10) west 932 

An act to establish a ferry at Evansville, on the Kaskaskia river 933 

An act to authorize Greene P. Garner to keep a ferry across the Cache river, at 

Unity, Alexander county, Illinois 934 

An act to amend an act entitled "An act to establish a ferry across the Kaskaskia 

river, at Athens, St. Clair county, Illinois," approved February the 16th, 1857. .935 

An act to incorporate the Chillicothe Ferry, Eoad and Bridge Company 935 

An act to establish Valley Ferry Company 937 

An act to repeal part of an act and re-enact parts of another act named herein. . .938 

An act to establish the Farmers' Ferry Company 939 

An act to establish a ferry therein named.'. 941 

An act to confirmthe transfer of the Beardstown ferry, to regulate the license thereof 

and the rates of ferriage thereon 942 

An act to incorporate the Cincinnati Ferry Company 943 

An act to establish a ferry across the Mississippi, now opposite the City of Alton, 

in the state of Illinois 946 

An act authorizing Jonathan Simpson, of Henderson county, to establish and 

maintain a ferry across the Mississippi river, in Henderson county, Illinois 947 

An act to authorize Albert High to keep a ferry at the town of Santa Fe, in the 

county of Alexander, state of Illinois 948 

FIRE DEPARTMENT : 

An act to amend an act entitled "An act to establish a board of fire engineers, 

and to reorganize the fire department of the city of Quincy, Illinois 949 

An act to amend an act entitled "An act to incorporate the Arab Fire Company, 

of Cairo, Illinois 950 

An act to incorporate the Rough and Ready Fire Company, of Cairo, Illinois 950 

An act to incorporate the Union Fire Company, No. 1, of Jacksonville 953 

An act to incorporate the Red Rover Hook and Ladder Company, No. 2, of the 

city of Springfield, Illinois 954 

FINE ARTS: 

An act to incorporate the Fine Art College of Chicago 956 

An act to incorporate the Northwestern Art and Photograph Company 957 

An act to incorporate the American Art Association 958 

FREE MASONS : 

An act to incorporate Oriental Lodge, No. 33, of Free and Accepted Masons 960 

An act to incorporate Carson Consistory of Free Masons 961 

An act to incorporate the Shabbona Masonic Stock Company 962 

An act to incorporate the Grand Commandery of Knights Templar and appendant 
orders of the state of Illinois 963 

FREIGHT COMPANY: 

An act to incorporate the Chicago Freight Company 964 

FINES AND PENALTIES : 

An act in relation to certain fines and penalties in Cook county 965 

FUEL AND LIGHT COMPANY: 

An act to incorporate the Petroleum Fuel and Light Company 967 

GAS LIGHT COMPANIES: 

An act to amend an act entitled "An act to incorporate the Decatur Gas Light 

and Coke Company," appi'oved February 16, 1865 970 

An act to incorporate the Monmouth Gas Light and Coke Company 970 

An act to incorporate the Canton Gas Light and Coke Company 971 

An act to incorporate the Mattoon Gas Light and Coke Company 972 

An act to amend "An act approved February 20, a. d. 1861, entitled an act to in- 
corporate the Pekin Gas Light Company." 974 

An act to incorporate the El Paso Gas Light and Coke Company 974 

An act to incorporate the Union Gas Light and Coke Company, of La Salle and 

Peru , 978 

An act to revive an act entitled "An act to incorporate the Morris Gas Light and 

Coke Company," approved February 16, 1657 979 

An act to amend "An act to incorporate the Aurora Gas Light Company." 979 



CONTENTS. 41 XI 

GAS LIGHT COMPANIES: ' page. 

An act to incorporate the Washington Gas Light Company 980 

An act to incorporate the Champaign and Urbana Gas Light and Coke Company. .981 

An act to incorporate the Northwestern Gas Light and Coke Company 982 

An act to incorporate the Danville Gas Light Company 983 

An act to incorporate the Kankakee Gas Light and Coke Company 985 

GAME AND FISH : 

An act for the preservation of Game in Hancock county 986 

An act for the protection of fish in the county of Macoupin 989 

An act for the preservation of game and fish in the counties of Adams and Han- 
cock 989 

An act to incorporate the Piscatorial Association 990 

An act to prohibit the trapping of fur during certain months of the year in the 
county of Lake 994 

GRAIN DRYING COMPANY: 

An act to incorporate the Illinois Grain Drying Company 994 



THE PRIVATE LAWS 



ST^TE OF ILLIN^OIS, 



ACADEMIES, COI^JLEGES, ETC. 



AN ACT to amend the charter of the Illinois Agricultural College. j„ f^j.^g peb'y 

12, 1867. 

Section 1. Be it enacted hy the Peojyle of the State of 
Illinois, represented in the General Assembly, That sec- charter amend- 
tion six of the act entitled "an act to provide for the dispo- ^'*- 
sition of seminary lands, and to incorporate the Illinois 
Agricultural College," be so amended that the time to be 
devoted by the pupils to labor in the field, the workshop 
or the laboratory, shall be left to the discretion of the teach- 
ers and president of the board of directors of said institu- 
tion, not to exceed three hours of each day, the months 
therein specified. 

§ 2. That section eight of said act to be amended by Property ex- 
adding thereto: "that the lands, lots, stock, buildings, 3on°"''''" 
library, philosophical and chemical apparatus, cabinet and 
all other property belonging to, or vt^hich may hereafter 
belong to said institution, shall be forever exempt from 
taxation for state, county, corporation or other purposes ; 
and also exempt from execution for other than debts or 
demands against said corporation, in its corporate capacity 
and liabilities ;" and that anything in said act contrary to 
the provisions of this amendment or of said section eight 
be and the same is hereby repealed. 

§ 3. That said institution is hereby empowered to con- po^®i\*.° ^o»- 
fer all the degrees that can be conferred by any literary 
institution or college in this state, and such other degrees as 



2 ACADEMIES, COLLEGES, ETC. 

may be deemed appropriate to au agricultural and mechan- 
ical school or college. 
May impart in- § 4. That Said act be so amended as to- permit said col- 
struction, etc.j j^g^ ^^ impart instruction in all the branches taught in 
similar institutions in any of the states of this Union, or 
contemplated in the act of congress donating lands or scrip 
to the several states for the establishment of agricultural 
colleges. 
To report to § 5. That Said corporation shall hereafter furnish the 
tendenr^of'°" ^^^^^ Superintendent of public instruction annually a copy of 
public instrue- their Catalogue, showing the number of pupils received and 
discharged, stating the residence of each, and their pro- 
gress ; and that section ten of the act to which this is 
amendatory, be and the same is hereby repealed. 
Property to be § 6. In Order to protect the fencing, buildings and 
protecte . property of said institution from injury, it shall be unlaw- 
ful for any person to hitch any animal to the fences belong- 
ing to said institution, or to throw open, break or tear down 
any of said fences, or to leave open any gate belonging to 
said institution, or to ride, or drive, or lead, or tole any 
♦ animal into the inclosures of said institution, without per- 
mission of the board of directors ; and any person so 
offending, shall forfeit or pay, for the use of said institution, 
the sum of five dollars for the first offense, and fifty dollars 
for each succeeding offense, to be collected by action of 
debt, before any justice of the peace in the county in which 
said institution is located, or in which the defendant may 
be found, in the name of said institution ; and any person 
who shall cut, mark, deface, or in any manner willfully 
Penalty for in- damage or disfigure the buildings belonging to said corpo- 
iy|''etl^'°^^'^' ration, or who shall, in any manner willfully injure any 
tree or shrub growing upon the lands of said corporation, 
or any property belonging to said corporation, shall forfeit 
and pay for each offense for the use of said institution, a 
like sum or suras, to be collected in like manner. 
License to sell •§ Y. lu Order to protcct the morals of the pupils who 
ti?ree%iYe's'^'o'f may attend said college, it shall not be lawful for the county 
to b'e*gran'ted?' ^ourt of the couuty of Washington, or of the county of 
Clinton, or of the county of Jefferson, or of the county of 
Marion, or any corporation in either of said counties to 
grant licenses to retail spirituous, vinous, malt, fermented 
or mixed liquors, or intoxicating drinks of any kind, within 
three miles of said institution ; and any license issued con- 
trary to the provisions of this section, shall be deemed and 
held to be void, and any i^orson retailing such liquors or 
drinks within said limits, stiall be subject to all the penal- 
ties provided by law for selling without license. And any 
person who shall sell or give to any student, or to any per- 
son for a student, any of said liquors within said limits 
shall be subject to the same penalties provided in section 



ACADEMIES, COLLEGES, ETC. 

six of this act, to be collected the same way, for the use of 
said institution. 

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

Appkoved February 12, 1867. 



AN ACT to incorporate the trustees of the Shelbyville seminary. In force Feb.l5 

1867. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly, That C. 0. Trustees. 
Scoville, S. W. Moulton, J. A. Eoundy. C. E. Woodward, 
James Durban, Gyrus Hall and "W". J. Henry, the present 
trustees of the Shelbyville Seminary, be and are hereby 
declared a body politic and corporate, with full power to 
sue and be sued, plead and be impleaded, to take and 
acquire by gift, donation or purchase, title to real and per- 
sonal property, with full power and authority to sell, alien 
and transfer the same at pleasure, at any time whenever 
said board of trustees shall deem it for the interest of said 
seminary so to do : Provided, that upon the alienation and 
conveyance of the property, real or personal, belonging to 
said trustees, the money arising from such sale or transfer 
shall be held and used by said corporation for the purposes 
of education only. 

§ 2. That said corporation shall be known by the name Nameand style. 
and style of " The Board of Trustees of the Shelbyville 
Seminary," and by that name may acquire and, hold real 
and personal property, transfer, alien, sell and convey the 
same, and do all other acts as fully as a natural person could 
do in and about the premises aforesaid. 

§ 3. That the title to the real and personal property Property vested 
belonging to said trustees, as trustees of the Shelbyville '° <=orpo'-at>on. 
Seminary, be and the same is hereby vested in the said cor- 
poration, and said corporation shall have power to alien, 
sell and convey the same by resolution, entered upon the 
journals of said corporation, empowering one or more mem- 
bers of said board to execute deed or deeds for any and 
all property belonging to said corporation. 

§ 4. That said board of trustees , or a majority of them ^^°jfe'jfiie^|y ^' 
shall have full power and authority to fill all vacancies that 
may occur from time to time in said board. 

§ 5. That this act shall be deemed and taken to be a 
public act and shall be in force from and after its passage. 

Appkoved February 15, 1867. 



ACADEMIES, COLLEGES, ETC. 



In foi'Go Apr. 18, AN ACT to authorize the bora-d of supervisors of Stark county to sell the 
1867. " Toulon Female Seminary." 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That the 
Town lots to be board of supervisors of the county of Stark be, and are here- 
®°^'^' . by authorized and empowered to sell, at public or private 

sale, lots numbered seven (7) and ten, (10) in block num- 
bered three, (3) in the town of Toulon, in said Stark 
county, with the buildings thereon, known as the "Toulon 
Female Seminary," upon such terms and conditions as they 
think best for the interest of said county, and upon such 
sale being made, it shall be the duty of the chairman of the 
said board of Supervisors to execute and deliver such deeds 
of conveyance, bonds or other instruments of writing, for 
and on behalf of the said county of Stark, as may be neces- 
sary to fully vest the title to said premises in the purchaser 
or purchasers thereof, and such deed executed by said 
chairman in pursuance hereof, shall be good and valid in 
law to convey the title to said premises to the said purcha- 
ser or purchasers. 
Notes :to be ta- § 2. Should the Said board of supervisors sell said lots, 
ken. Qj. g^j^y portion thereof on a credit, then it shall be tiie duty 

of the said chairman to take such notes, mortgages or other 
securities for the payment of such portions of the purchase 
money as may remain unpaid, as he shall be directed by 
Notice of pub- the said board of supervisors ; and should said premises be 
g?ven!*' *^° ^^ ^ol*^ ^^ public sale, the said chairman, by the direction ol 
said board, shall give thirty days' notice of the time, place 
and terms of such sale, by publication thereof in some pub- 
lic newspaper published in said county, if any newspaper be 
published therein, and also by posting written or printed 
notices of such sale in not less than four of the most public 
places in said county thirty days before such sale. 
Approved February 18, 1867. 



In force April ^N ^Q-p ^^ incorporate the Anderson Female Seminary. 

Section 1. Be it enacted T>y the Feople of the /State of 
Illinois, represented in the General Assembly, That Critten- 

corporiitors. dcn H. C. Audersou, William A. Robertson, Rev. Alex. 
C. Raflerty, Dr. Charles II. Ilolliday, Thaddeus L. Loorais, 
Charles A. Walker and Julius G. Kocster, and their suc- 
cessors, be and they are hereby created a body politic and 

Name and style. ^^^^Q^SitQ, to bc stylcd and knowu by the name of the "Trus- 
tees of Anderson Female Seminary," and by that style and 



ACADEMIES, COLLEGES, ETC. 5, 

name to remain and have perpetual succession. The said 
seminary shall be and remain at Carlinville, in the county 
of Macoupin. The number of trustees shall never exceed 
seven, including the president of the seminary, who shall- 
be, ex officio, a member of the board of trustees. 

§ 2. The objects of said corporation shall be the promo- object. 
tion of female education. 

§ 3. The corporate powers hereby bestowed shall be ^j?7,.g''j """" 
such only as are essential or useful in the attainment of said 
object, and such as are usually conferred on similar bodies 
corporate, to- wit: to have perpetual succession; to make 
contracts; to sue and be sued; plead and be impleaded; to 
grant and receive by its corporate name, and to do all other 
acts as natural persons may; to accept, acquire, purchase or 
sell property, real, personal or mixed, in all lawful ways to 
use, employ, manage, and dispose of all such property, and 
all money belonging to said corporation, in such manner as 
shall seem to the trustees best adapted to promote the 
object before mentioned ; to have a common seal, and to 
alter or change the same ; to make such by-laws for its 
regulation as are not inconsistent with the constitution and 
laws of the United States or of this state. 

§ 4. The trustees of said corporation shall have authority, '^/g" ■{fe^j-„°J''®' 
from time to time, to prescribe and regulate the course of etc. 
studies to be pursued in said institution ; to fix the rates of 
tuition and other expenses; to appoint instructors, and such 
other officers and agents as may be necessary in managing 
the concerns of the institution ; to define their duties ; to 
fix their compensation, and to displace or remove them; to 
erect necessary buildings; to "purchase books, chemical and 
philosophical apparatus, and other suitable means of instruc- 
tion ; to make rules for the general government of the 
affairs of the institution, and for the regulation of the con- 
duct of the students. 

§ 5. The trustees, for the time being, in order to have vacancies to be 
perpetual succession, shall have power to fill any vacancy 
which may occur in the board from death or otherwise. 
Four members shall constitute a quorum to do business. 

§ 6. It shall be the duty of the trustees to appoint one xreasnreiMo be 
of their number a treasurer, who shall be required to give ^pp°'° ® 
bond with sufficient security in such penal sum as the board 
may prescribe, conditioned for the performance of such 
duties as the by-laws may require of him. 

§ 7. The said institution shall be opened to all denomi- institution to be 
nations of christians, and the profession of any particular 
religious faith shall not be required of those who become 
students. 

§ 8. The trustees shall faithfully apply all funds collec- ^S'"'"" "' 
ted or hereafter to be collected for said seminary, according 
to their best judgment : Provided, that in case any dona- 
tion, devise or bequest, shall be made for particular purpo- 



ACADEMIES, COLLEGES, ETC. 

ses, accordant with the objects of the institution, and the 
trustees shall accept the same. Every such donation, devise 
or bequest, shall be expressly applied in conformity with 
the condition prescribed by the donor or divisor. 
Approved February 18, 1867. 



Ill foi'ce ^I^J''^^- AN ACT to amend an act entitled "An act to incorporate the Northwest- 
^^^ ' ' ern University," and the several acts amendatory thereof. 

Section 1. Be it enacted hy the Peojple of the State of 
Illinois, represented in the General Assembly, That the 
name of that corporation created by act of the general 
assembly of the state of Illinois, approved on the 28th day 
of January, a. d. 1851, under the name of the " Trustees 
of the Northwestern University," be and the same is hereby 

Change of name changed to " Northwestcm University," and by that name 
shall hereafter be known, and in and by such name shall 
have and exercise all the powers and, immunities conferred 
on said corporation by said act of incorporation and all acts 
amendatory thereof. 

Additional trus- § 2. In addition to the number of trustees heretofore 

*®^^" provided for by law, the board may elect any number not 

exceeding twenty-four, and without reference to their sev- 

Ouaiifications ^^^^ placcs of residence, and a majority of the whole board 

of trustees, shall be members of the Methodist Episcopal church. 

Quorum. g 3. ]\(o greater number shall be required to constitute 

a quorum than has been heretofore required by law : Pro- 
vided, that in all called meetings of the board the object of 

Notice of meet- ^^^q meeting shall be particularly specified in the notice to 
be previously given to each trustee. 

§ 4. This act shall be a public act, and be in force from 
and after its passage. 

Approved February 19, 1867. 



In force Feb. 25, AN ACT to incorporate the Illinois soldiers' college at Fulton, in AVliitc- 
■^^^'^- side county. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Asiembly, That Alfred 
Eddy, James McCoy, Leander Smith, Edward R. Allen, 
Silvanus Wilcox, David L. Hough, "William F. Osgood, 
Orin Cowles, J. E. Forester, Josiah Leonard, J. II. Elliott 
and Charles Randolph, and such other persons as are or 



ACADEMIES, COLLEGES, ETC. 7 

may hereafter become associated as shareholders (as here- 
inafter mentioned), with them and their successors, are 
hereby constituted a body corporate, by the name and style 
of "The Illinois Soldiers' College," and by that name and Name and style 
style shall remain and have perpetual succession. 

§ 2. That the object of this corporation is, and shall be, object. 
to promote education, civil and military, and especially at 
present to place within the reach of the soldiers and sailors 
of Illinois and their children the means of acquiring a 
thorough education. And all gifts, grants, donations, de- 
vises and bequests which shall be made to this corporation, 
and all property and effects by virtue of this act obtained, 
or received, or that may hereafter be in any manner acquired, 
and the proceeds thereof shall be held, used and applied 
by the corporation for the purpose aforesaid. And no 
trustee of said corporation shall be paid any compensation 
for time spent in serving as such. But the board may 
allow to each member the necessary traveling and hotel 
expenses, incurred by him while actually attending as a 
member of the board, 

§ 3. That the said corporation, by its corporate name, vested rights. 
may make contracts, sue and be sued, plead and be im- 
pleaded, grant and receive, accept donations, devises and 
bequests, accept, acquire, purchase, sell, convey and man- 
age property, real or personal ; have a common seal and 
alter or change the same ; and may make by-laws, rules 
and regulations, and may confer on such persons as may be 
considered worthy such academical or honorary degrees as 
are usually conferred by siniilar institutions. 

§ 4. That the acts and proceedings of the trustees of the other^^ets i«- 
Illinois soldiers' college and military academy located at Ful- ^^ ^ 
ton, heretofore had under the general law authorizing the in- 
corporation of institutions of learning, be, and the same 
are hereby legalized, and the corporation established 
thereby is and shall be merged in the corporation created 
by this act, and all the property, estate, effects, choses in 
action, money, notes, mortgages, and accounts, and all of 
the right, title and interest, legal and equitable in and to 
property, whether real, personal or mixed, now owned, 
possessed, claimed, had or held by the corporation estab- 
lished as aforesaid, are and by virtue hereof shall be trans- 
ferred to, vested in and become the property of the 
corporation created hereby, and the trustees of this corpo 
ration are authorized and required to take full and entire 
possession, control and management of the same and every 
and all undertakings and contracts, made by any person or 
persons, or body corporate to and with the corporation 
merged as aforesaid, shall enure to and be deemed and 
treated in all courts and places as though made with the 
corporation created by this act, and this corporation shall 
be bound by the undertakings and contracts of said merged 



ACADEMIES, COLLEGES, ETC. 



corporation, the same as though made with it, after the 
passage ot this act. 

Trustees. § 5. That the government of this corporation shall be 

vested in twelve trustees (together with the governor of 
the state of Illinois, who shall be ex officio a member of the 
board), to be called the " board of trustees," one of whom 
(to be chosen annually by themselves) shall be president 
and live of whom shall constitute a quorum for the transac- 
tion of business, and a less number may adjourn from time 
to time. The term of office of trustee shall be three years, 
except as hereinafter provided, in reference to the first 
board, and in case of an appointment to till a vacancy. 

By-!aws, § 0. That the board of trustees shall have power to 

enact ordinances, by laws, and regulations for the govern- 
ment of the institution (college and academy), to elect a 
president therefor ; to tix, increase or reduce the regular 
number of professors and tutors; to appoint a secretar}', 
treasurer, executive committee and such other officers and 
agents as they may deem the interests of the corporation 
may require, who shall hold their oiiices at the pleasure of 
the board, and perform such duties and receive such com- 
pensation as the board may prescribe. 

RejnoTsis. § T. That the board of trustees shall have power to 

remove the president, and any professor, tutor or other 
otiicer or agent appointed by them when the interest of the 
corporation, in their judgment shall require it, and may 
determine who shall be received in the institution as stu- 
dents, and may expel students for acts which they may 
deem misconduct. 

Professorships. § 8. That the board of trustees shall have anthority to 
prescribe and determine the number of professorships in 
the Institution, the particular branches of education that 
shall bo taught, and the course of studies pursued therein 
(including infantry tactics and military police), and lix the 
rate of tuition and other expenses of students. 

Boud of treasu- § !^- That the board of trustccs sliall require the trea- 

^^^- surer (and if they shall deem it best, any other officer or 

agent,) to give bond for the security of the corporation in 
such penalty, with such security, and upon such conditions 
as they shall approve. And all process against this corpo- 
ration shall be by summons, and the service thereof shall 
be by leaving a copy thereof with the treasurer of the 
corporation at least thirty daj's before the return day thereof. 

]>ivisioiioftriis- § 10. That the persons named in the tirst section of this 

^^^^- act shall constitute the tirst board of trustees, and shall be 

by themselves at their tirst meeting divided by lot into 
three classes, and the term of office of the tirst, second and 
third class shall be one, two and three years respectively, 
from and after the Tuesday next preceding the last Wed- 
nesday of the month of June, a. d. 1867 : Provided^ that 



ACADEMIES, COLLEGES, ETC/ " 

the governor of the state of Illinois, ex officio, shall be and 
remain always a member of said board. 

§ 11. That the first meeting of the board of trustees Piaee of first 
under this act shall be held at the college on the first Tues- uutteel. °^ 
daj of the month of March, a. d, 1867. And if a quorum 
should not then convene, a meeting shall be held as soon 
thereafter as practicable. Subsequent meetings of the 
board shall be held at such times and places as the trustees 
in their by-laws shall determine, and it shall be the duty of 
the secretary to keep a full and complete record of the ^j.g'g°jj^^„°* p'°" 
doings and proceedings of the board of trustees, and certi- 
fied copies thereof by the secretary under the seal of the 
corporation shall be evidence in all courts and places. 

§ 12. That for the purpose of electing trustees, every shareholders. 
person who may have contributed and paid twenty-five dol- 
lars to the fund which established and has maintained the 
corporation merged as aforesaid in the one hereby created, 
and every person who shall hereafter contribute and pay to 
this corporation twenty-five dollars, shall be deemed a share- 
holder and a member of the corporation and entitled to one 
vote for every twenty-five dollars thus contributed. And a 
certificate showing the number of shares held by such per- 
son, if not heretofore shall hereafter be issued to him or her. 

§ 13. That on the Tuesday next preceding the last Election for 
"Wednesday of the month of June, a. d. 1868, at the col- 
lege and at the same place and on the same day of each 
year thereafter there shall be elected from among the 
shareholdfers, twelve trustees, which election shall be by 
ballot, and by a majority of the votes of the shareholders 
present and voting. And it shall be the duty of the board 
of trustees in their by-laws to provide the manner of hold- 
ing and conducting such election, and of the notice thereof 
to be given. 

§ 14. That in case it should happen that an election of Dissolution of 
trustees should not be made at the time herein specified and'^orfei'ture 
this corporation shall not on account thereof be dissolved, ^^ "sins. 
or its rights forfeited, but it shall be lawful on some other 
day to call a special election for such purpose in such man- 
ner as may be prescribed by the by-laws, and the trustees 
whose terms of office have expired shall act until their suc- 
cessors have been elected and have accepted. 

§ 15. That the said board of trustees shall have power '^'^ 
to fill any vacancy or vacancies that may occur in the board, 
whether by death, resignation, inability to act, or other- 
wise, at any meeting of the board, and shall also have 
power to remove or displace any member of the board who 
at any time may become disabled or disqualified in any 
wise to meet with, or shall neglect or refuse to meet with 
and serve as a member of said board, and the cause of said 
removal shall be entered upon the records of said board, 
and notice thereof given to the member removed. 



-acancies. 



10 



ACADEMIES, COLLEGES, ETC. 



^fauh^lo"^ re^ ^ '^^' '^^'^^^ ^^^ ^^^'^ College shall be open to all denoin- 
quired. iiiations of chi'istians, and the prpfession of any particular 

religious faith shall not be required either of officers or 
pupils. 
Exemption § IT. That the property of this corporation shall be and 

from taxatiojn. remain free from taxation and assessment. 

§ 18. That this act shall be a public afct, and shall be 
in force from and after its passage. 
Approved February 25, 1867. 



In force Feb. 25, AN ACT to incorporate the Simpson Seminary and Collegiate Insti- 
1867. tute. 

Section 1. Be it enacted hy the Peojple of the State of 
Illinois^ rep/esentedin the General Assembly^ That Joseph 
Nameandstyie. 0. Ward, Lcwis B, Gould, Gcorgc W. Demmit, Peter Ben- 
nage, Peter Zarmehly, Sylvester Wright, Josephus Burton, 
John Murray, J. E". Renton, and such other persons as are 
or may be hereafter associated with them and their succes- 
sors in office, be and they are hereby created a body politic 
and corporate, under the name and style of " The Simpson 
Seminary and Collegiate Institute," for the purpose of es- 
tablishing an institution of learning, in or near tl^e town of 
Eureka, in the county of Woodford, and state of Illinois, 
for the education of males and females. 

§ 2. Tlie corporate powers hereby bestowed on said 
institution shall be the following, to-wit : To make contracts, 
to sue and be sued, to plead and be impleaded in all courts 
of law and equity ; to receive and grant by their corporate 
name; to acquire and hold real estate and other property, 
by purchase, gift, grant, devise or otherwise, in all lawful 
ways; use, employ, manage and dispose of all such property 
and money as belong, or may belong to said corporation in 
any or all such ways as may to them seem best calculated 
to promote the objects of this" institution ; to have a common 
seal, and to alter the same at pleaure, to make any such 
by-laws for the management of said institution as shall not 
conflict with the constitution and laws of this state, or of 
the United States. 
Management § 3. The cstato, property and effects of every name and 
and control, nature, and all financial concerns of said corporation shall 
be managed, controlled and transacted by a board of nine 
trustees, to be elected by the stockholders, as hereinafter 
mentioned : Provided, that at least two-thirds of said 
board of trustees shall at all times be members of the 
Methodist Episcopal church, and that each of said mem- 
bers shall be over the age of twenty-one years, and at the 



ACADEMIES, COLLEGES, ETC. 11 

time of his election a citizen of the state of Illinois, and on 
ceasing to be such members shall cease to be such trustees, 
and his or their placei shall be filled by appointment of such 
board until the next annual election. 

§ 4. The board of trustees may employ and appoint a officers and m- 
president, and professors and all such officers and instruc- ^'^"°*°^^- 
tors as may be necessary, and shall have power to remove 
any, or such of them as the interests of the institution may 
require, and to fill all vacancies that may at any time occur, 
and to appoint three persons, who, together with the visit- 
ing committee hereinafter mentioned, and the faculty, shall 
constitute a committee of examination in reference to the 
scientific and collegiate standing of the students in said in- 
stitution. 

§ 5. The board of trustees shall have power to devise, course of stu- 
prescribe and regulate a thorough course of classical and '^'^®" 
scientific study in said institution, and to confer upon all 
who may honorably complete such course of study such 
diplomas of honor and degree as are usual in the best lite- 
rary institutions. 

§ 6. The persons named in the first section of this act Trustees. 
shall constitute the first board of trustees, and shall be divi- 
ded by lot into three classes ; the time of the service of the 
first class expires on the last Monday in May, a. d. 1868 ; 
that of the second class in one year, and that of the thir.d 
class in two years thereafter. 

§ 7. On the last Tuesday in May, a. d. 1868, and the Election of. 
same day of each year thereafter, there shall be a meeting 
of the stockholders to transact business, at which meeting 
there shall be an election of three trustees, who shall hold 
their office for the term of three years, and until their suc- 
cessors shall have been elected or appointed. All vacan- 
cies may be filled at such elections ; and such elections shall 
be by ballot, and a majority of the stockholders present 
shall elect. 

§ 8. There shall be a board of three visitors appointed Board of visit- 
by the annual conference of the Methodist Episcopal church, °''^' 
within the bounds of which said institution shall be located, 
who may jointly with the board of trustees appoint the pro- 
fessors and teachers, arrange the course of study and deter- Teachers. 
mine the general manner of conducting the said seminary 
and collegiate institute. 

§ 9. baid corporation may have a capital stock of fifty capital stock. 
thousand dollars, divided into shares of one hundred dol- 
lars each, and subscriptions shall be binding when $25,000 
worth of stock shall have been taken, and shall be payable 
in installments, as said trustees may from time [to time] di- 
rect ; and any subscriber failing to pay any installment or 
installments, shall, at the option of the trustees, forfeit his 
claim to said stock and all payments made thereon ; said 
trustees may increase the capital stock to one hundred 



12 



ACADEMIES, COLLEGES, ETC. 



thousand dollars, if bj them deemed necessary for carrying 
out the purposes of said association. 

Membership. § 10. Auv persou holding a certificate for one or more 
shares of said corporation stock, shall be a member of this 
corporation, and entitled to one vote for each share of stock 
by him held, on which all installments required by said 
trustees shall have been duly paid : Provided^ that the trus- 
tees shall not, without the consent of all the members of 
the corporation demand installments of more than fifteen 
per cent, per annum on the amount of stock held by each 
member respectively, the said stockholders shall be entitled 
to such dividends on their stock, as the trustees shall from 
time to time declare thereon. 

Trustees' duties § H. The trustccs shall choosc their own officers and 
make their own by-laws, and may fill any vacancies in their 
body by appointment, until the next annual meeting. 

Annual reports. § 12, The trustccs at cach annual meeting shall make 
and submit a report to the stockholders of the condition of 
the institution, the state of its finances, together with an in- 
ventory of its property, and declare such dividend from 
the net proceeds and profits of its receipts and business as 
the state of the finances of said institution may warrant : 

Dividends. Provided, that, no dividend shall ever be made or declared 
when its payment would embarrass the finances or efficien- 
cy of this institution. 

Property ex- § 13- The property, both real and personal and mixed, 
t1i'^atiou.°™ belonging to this corporation, at any time during its exist- 
ence, such as may be used and occupied for college pur- 
poses, shall forever be and remain free from taxation. 

Not«s and § 14. Any promissory note, bond, bill or other instru- 

bonds assign- meut in writing, made payable by any person or persons, 
body politic or corporate, which is by law made negotiable, 
and made paj^able to said corporation, shall be assignable by 
indorsement thereon, under the hand of the president of 
the board of trustees of said corporation, so as absolutely to 
vest the title of the same in their assignee or assignees, 
in the same manner that bills of exchange are, so as ab- 
solutely to transfer and vest the property thereof in each 
and every assignee or assignees, successively. 

Quorum. § 15. A majority of the board of trustees shall consti- 

tute a quorum to do business, but a smaller number may 
adjourn from day to da}^, until a quorum shall be secured, 
and shall have the power to determine the rules of their 
own proceedings, and with the concurrence of two-thirds 
expel a member. 

§ 16. This act is hereby declared to be a public act, and 
shall be in force from and after its passage. 
Approved February 25, 18G7. 



ACADEMIES, COLLEGES, ETC. 13 



AN ACT to incorporate the Mount Carroll Seminary. in force Feb.25. 

1867. 

"Whereas, the legislature of the state of Illinois passed Preamble. 
an act, approvedJunelS, 1852, entitled "An act to incorpo- 
rate the Mount Carroll Seminary," under which a president 
and trustees were elected, an organization effected, a tract 
of land obtained at Mount Carroll, Carroll county, in said 
state, and a seminary building erected thereon; and where- 
as, the said president and trustees, on or about the 30th day 
of March, 1855, did grant, bargain, sell and convey the said 
tract of land, seminary building, and all their property of 
every description, to Frances ±V. Wood (now Frances A. 
Wood Shimer) and Cindarilla M. Gregory, and thereafter, 
hitherto ceased and have ceased to act as a corporate body ; 
and whereas, the said Frances A. Wood Shimer and Cinda- 
rilla M. Gregory are now the joint proprietors and mana- 
gers of said institution, and have purchased additions to 
said tract of land, until it now ^contains about twenty -five 
acres, and have also made corresponding additions to the 
seminary buildings, and are desirous of obtaining a new 
act of incorporation, for the better ascertaining of their rights, 
powers and privileges, therefore. 

Section 1. £e it enacted by the People of the tSiate of 
Illinois^ represented in the General Assembly, That the Kame and style. 
said Frances A. Wood Shimer and Cindarilla M. Gregory, 
their heirs and assigns, be and they are hereby constituted 
a body politic and corporate, by the name and style of " The 
Mount Carroll Seminary," and by that name shall have 
perpetual succession ; may sue and be sued, plead and be 
impleaded, answer and be answered unto in all courts and 
places whatsoever ; and may have a common seal, and alter 
the same at pleasure, or use a scroll tor a seal. 

§ 2, The said corporators, their heirs and assigns, shall corporate pow- 
have power and authority, by their said corporate name, to ^'■^• 
contract and be contracted with, to accept, acquire, pur- 
chase or sell property, real, personal or mixed, in all law- 
ful ways ; to use, employ, manage and dispose of all such 
property, and all moneys belonging to said corporation as 
to them shall seem proper ; to prescribe and regulate, from 
time to time, the course of studies to be pursued in their 
seminary ; to fix the rates of tuition and other seminary 
expenses ; to appoint instructors and such other officers 
and agents as they may deem necessary to manage the 
concerns of the institution ; to define their duties, fix their 
compensation, and displace or remove them for reasonable 
cause ; to erect on said tract of land such additional build- 
ings as they may deem necessary ; to purchase suitable 
books and apparatus for the use of the institution, and to 
make and adopt such by-laws, rules and regulations for the 
conduct of the students, the management of the institution, 



14. ACADEMIES, COLLEGES, ETC. 

and the aftairs of the corporation as they may deem neces- 
sary or expedient, and as are not in conflict with the con- 
stitution and laws of the United States, and of this state ; 
to grant diplomas to, and confer academical and honorary 
degrees upon such persons as may complete their prescribed 
course of study, and such other persons as they may deem 
worthy, according to the course and practice of other simi- 
lar institutions. 
Property held § 3. The Said tract of land, together with such addi- 
f°om^5i"taL- tions as may be made thereto, and all buildings and im- 
tion. provements thereon, or which may hereafter be placed 

thereon, together with all the books, furniture, apparatus, 
musical instruments and other personal property, of every 
name and description, now, or which may hereafter be con- 
nected with said institution, or used or kept upon said 
premises, either for the use of the seminary, the cultiva- 
tion or improvement of the grounds of said corporators, or 
the pleasure of the proprietors, principals or teachers, shall 
be held and deemed as the property of said corporation, 
and shall forever be exempt from taxation for state, county, 
town, municipal or other'purposes ; but nothing in this act 
shall prevent the said corporators, their heirs and assigns, 
from granting, bargaining, selling and conveying said prop- 
erty, either in their individual names, or by their corporate 
name aforesaid ; and conveyances made in either of said 
modes shall be binding and effectual, to all intents and pur- 
poses, both at law and equity. 
Officers and g 4. The Said Corporators, their heirs and assigns, shall 
govemmen. -^^^^^ powcr and authority to appoint one of their number 
president, and another secretary, to hold office as such until 
successors shall be appointed, and to authorize such presi- 
dent to execute any and all contracts and conveyances in 
the corporate name; and should they at any time deem it 
for the interest of their institution to change its location, by 
purchasing more ample grounds, and erecting new semi- 
nary buildings, then, and in that case, the powers and priv- 
ileges herein granted shall extend to, and include such 
newly acquired property, and shall cease to operate as to 
the property hereinbefore mentioned, so far as specially 
"^s^th Jm?e'^i852* ^Pplicablc thereto. ' 

repealed!' ' ^ 5. And he it further enacted., That the said act of the 
legislature of this state, entitled "An act to incorporate 
the Mount Carroll Seminary," approved June 18, 1852, be 
and the same is hereby repealed. 

§ G. This act shall be held, taken and deemed a public 
act, and shall be in force from and after its passage. 
Appkoved February 25, 1867. 



ACADEMIES, COLLEGES, ETC. 15 

AN ACT to incorporate Metropolis Seminary in Metropolis, Illinois. in force Febru- 
ary 25, 1867. 

Section 1. Be it enacted by the People of the State of 
Illinois, re2)resented in the General Assembly, That Benja- 
min Kimball, Alford Cutting, G. W. Neelj, Huorh Worth- 
ington, J. JR. Lukins, Dr. J. L. Gibhart, and Dr. £. M. 
Melton, and their successors, are hereby created a body 
corporate, under the name and style of the " Metropolis Name and style 
Seminary," with perpetual succession and power to sue 
and be sued, either at law or equity ; to answer and be 
answered unto in all places ; to have and use a common 
seal, and to alter the same at pleasure ; to take and hold Powers, 
real estate and other property by purchase, gift, grant, 
devise or otherwise, for educational purposes only ; to use, 
employ, manage and dispose of any or all such property, 
and all moneys belonging to said corporation, in such man- 
ner as shall seem to the trustees best adapted to promote 
the cause of education ; to make such by-laws for its regu- By-laws 
lation as are not inconsistent with the constitution and laws 
of the United States nor with this state; to confer upon 
such persons as by examination may be considered worthy, Academical 
such academical or honorary degrees as are usually conferred i^onors. 
by similar institutions. 

§ 2. The object of said institution shall be to furnish object. 
both males and females with an English and classical edu- 
cation. 

§ 3. The trustees of said incorporation shall have courge of study 
authority, from time to time, to prescribe and regulate the 
course of study pursued in said seminary, to fix the rate of ^^^^ of tuition- 
tuition and other academical expenses ; to appoint instruc- 
tors and such other officers and agents as may be necessary officers, agents. 
in managing the concerns of the institution ; to define their ®'°' 
duties and fix their salaries ; to erect necessary additional saJaries. 
buildings ; to make rules for the general regulation of the 
conduct of the pupil, and establish such ordinances, rules ordinances. 
and by-laws as they may deem necessary. 

§ i. The stock of said institution shall consist of shares stock. 
of twenty-five dollars each, and shall be considered personal Shares. 
property, and shall be transferable by assignments of cer- 
tificate on the books of the corporation as the trustees shall 
prescribe. The capital stock of said corporation shall not capital stock. 
exceed fifty thousand dollars, and such capital and its accu- 
mulations shall be used for the purposes of education, and 
for no other purpose. 

§ 5. There shall be an annual meeting of stockholders Annual meet- 
in tliis incorporation on Friday after the 4th day of July, in ifolde^s. 
each year, for the purpose of business, and to fill any 
vacancy in the board of trustees,' and at which meeting the vacancy, 
trustees shall make a report of the general condition of the Reports. 
seminary, the number of teachers, the progress of pupils, 
and the financial condition of the incorporation. 



16 ACADEMIES, COLLEGES, ETC. 

Privileges of § 6. Anj person holding one or more shares in certifi- 
stockhoiders. ^^^^ ^^- ^j^^ capital stock of this corporation or institution, 
shall be entitled to as many votes as he holds shares, and 
each stockholder sending a pupil to said seminary, shall be 
allowed a deduction of six per cent, annually, from the 
established price of tuition, to be deducted, ^j/'c> rata, from 
the tuition of each terra. 

Establishing § 7. The trustccs shall have power to establish an alley 

alleys. upon the cast side of the plat of ground upon which the 

seminary building now stands, of the same width as the 
alleys in the city of Metropolis, and the alley running east 
and west through the lots belonging to said seminary, and 
connected to said building, except by said alley, be and is 
hereby vacated. 

Property ex- § 8. All property of whatsoever kind and description, 

|j^P'^''°'"*^^" belonging or appertaining to said seminary, shall be and 
forever remain exempt from taxation for any and all pur- 
poses whatsoever. 

Trustees. § 9. The before named corporators shall be the trustees 

of this incorporation until their successors are elected and 
qualified, and the trustees shall so arrange their number by 
lot, that two shall go out the first year, two the second year, 
.and three the third year. 

Taxes. | 10. The State taxes of Massac county, Illinois, to be 

levied and collected for the year 1867, are hereby granted 
and appropriated to aid said institution in the completion 
of the said building. The sheriff of said county to pay the 
same over when collected, to the treasurer of said institu- 
tion. 

§ 11. This act to be in force from and after its passage. 
Approved February 25, 1867. 



In force Febru- AN ACT to incorporate the Evanston Academy, 

ary 28, 1867. ^ ■' 

Section 1. Be it enacted by the Peojple of the State of 
Illinois, represented in the General Assembly, That John 
Evans, Charles II. Fowler, Henry Bannister, A. E. Bishop, 
E. Ilaskin, Thomas C. Iloag, H. B. Ilurd, O. Huse, J. F. 
Willard, O. Marcy and L. Kistler, and their successors, be 
and they are hereby constituted a body corporate, under 

Name and stylo j-j^q x\r^YaQ and Style of "The Evanston Academy," to remain 
and have perpetual succession, with power to sue and be 

Powers. sued, to plcad and be inspleaded ; to acquire, take, hold and 

use in trust and otherwise, and convey property, real, per- 
sonal and mixed, in all lawful ways, for the promotion of 
the objects of this incorporation ; to have and use a com- 
mon seal, and [falter the same at pleasure ; to make and 



ACADEMIES, COLLEGES, ETC. I7 

alter, from time to time, such by-laws as they may deem By-iaw3. 
necessary for the government of said institution, its ufhcers 
and students: Provided, axuAi by-laws be not inconsistent 
with the laws of this state or of the United States of 
America. 

§ 2. The president of the board of trustees of the North Board of tms- 
Western University, and the president of tlie faculty of said ^^^^' 
university, shall be, ex officio, members of the board created 
by this act. Of the other persons named in the tirst section, 
tliree shall hold ofKce for one year, three for two years, and 
three for three years, in an order to be determined by lot, 
and their successors shall be elected by the board, and 
■fihall hold office for three years ; and a majority of said 
board shall, at all times, be members of the Methodist Epis- 
copal church. 

§ 3. Said institution shall be and remain located in the Location. 
village of Evanston, in the county of Cook, and no cemetery 
or place for the burial of the dead shall be laid out or estab- 
lished within one mile of the site of the academy herein 
provided for: Provided, this act shall not prevent inter- proviso, 
ments in any family or other burying ground now in use 
within said limits. 

§ 4. The property of said institution not to exceed fifty property ex- 
thousand dollars, shall be forever free from taxation. atTon''^^°'"*^^' 

§ 5. This act shall be a public act, and in force from and 
after its passage. 

Approved February 28, 1867. 



AN ACT to amend an act entitled "An act to incorporate the North Illi- in force April 
nois University." 28,1867. 

Section 1, Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the first Act approved 
section of the act entitled "An act to incorporate the JS'orth fssMme^udeS.' 
Illinois University," approved February 15, 1855, be 
amended by striking out the words "]S[orth Illinois Univer- 
sity," and inserting in their place and stead the words 
"Marshall College." 

Approved February 28, 1867. 

^m Vol. 1—2 



;[8 ACADEMIES, COLLEGES, ETC. 

In force March AN ACT to incorporate the McDonough Normal and Scientific College. 
1, 1867. 

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

Illinois^ represented in the General Assembly, That Frederick 

Corporators. Qruser, Solomon Kious, Amaziah Hanson, James Manley, 

D. R. Hamilton, Alexander Blackburn, Beverley R. West- 
fall, Jonathan H. Baker, Crosby F. Wheat, Joseph 0. 
Thompson, Charles Chandler, Daniel Branch and William 

E. Withrow and their successors, be and they are hereby 
created a body politic and corporate, to be styled and known 
by the name of the " Trustees of the McDonough iN'ormal 

style and name c^^^ Scientific College,^' and by that style and name to have 
Powers. perpetual succession, with power to contract with, sue and 

be sued, plead and be impleaded, to acquire, hold, use and 
convey property, real, personal and n.ixed, to use a common 
seal, and the same to alter and change at pleasure ; to make 
and alter by-laws for the government of the same. 

§ 2. The number of trustees shall never exceed twenty, 
exclusive^of the president, who shall, ex- officio, be a member 
of the board. Five of the trustees shall constitute a quo- 
rum to transact business. The above named incorporators 
shall constitute the board of trustees until others are elected 
by the stockholders, at such time and place as may be fixed 
by the board of trustees, and shall have power to fill all 
vacancies in the board occasioned by death or otherwise. 
Officers. §3. The oflicers of the board shall consist of a president, 

secretary and treasurer. The treasurer or any other officer, 
may be required to give bond and security for the faithful 
discharge of the duties required of them, by the board. 
The president shall not vote except in the case of a tie, 
when he shall give the casting vote. The appointment of 
said president, secretary and treasurer, shall be by the 

trustees- 
Time and place § 4. The trustees shall hold their first meeting at the 
of meetmg. ^-^.^ ^^^ Macomb, withiu four months from the passage of 
this act, they shall have the power to lease or erect the 
necessary buildings, to appoint a president, professor and 
teachers, any other agents and officers, to confer degrees 
in the liberal arts and sciences, and grant diplomas therefor; 
to prescribe and regulate the course of studies, to purchase 
books, chemical and philosophical, and other suitable means 
of instruction. 
stDck. § 5. The stock of said corporation shall consist of shares 

of 'fifty dollars each, to be subscribed for in the manner 
that the trustees shall direct, and which shall be deemed 
personal property, and shall be transferable on the books 
of said corporation in such manner as the board of trustees 
may prescribe, and each stockholder so constituted shall 
be entitled to a vote for each and every share upon all 
business conferred upon them by the corporation. 



ACADEMIES, COLLEGES, ETC. 19 

§ 6. The lands, lots, buildings, library, chemical, philo- ^^'"Pft^'fy^^'^ 
sophical or other apparatus, belonging to said corporation, taxation. 
and used for school purposes, not exceeding in value the 
sum of twenty thousand dollars, is, and the same shall be 
forever exempt from taxation for state, county or corporate 
purposes ; and also exempt from execution for other than 
debts or demands against said corporation in its corporate 
capacity and liabilities. 

§ 7, The college shall be permanently located within the Location. 
city of Macomb, McDonough county, Illinois, on such 
ground as the trustees may deem best. The president with 
?he concurrence of two of the trustees or any three of the 
trustees, shall have power to call a special meeting of the 
board. Said institution shall be entitled to a suit of the 
specimens which have been or may be collected under the "Specimens" 
fourth section of an act for a geological and mineralogical 
survey of the state, approved February 17th, 1851, and the 
several amendments thereto, 

§ 8. This act shall take effect and be in force from ^n(\ 
after its passage. 

Appkoved March 1, 1867. 



AN ACT to amend the act, entitled "An act to incorporate the Fowler in force Feb. 
Female Institute, approved February 10, 1857. 28,1867 

Section 1. Be it enacted hy the People of the State of 
Illinois^ re])resented in the General Assembly, That the name Name changed. 
of Fowler Female Institute, in the town of ISTewark, in 
Kendall county, be and the same is hereby changed to 
Fowler Institute, and all the lands, property, privileges, 
powers, rights and franchises of said Fowler Female Insti- 
tute, and all the propert}^, lands, rights, powers and fran- ^^^.^^l ^^^'^^' 
chises of the trustees of Fowler Female Institute, are hereby 
transferred to the trustees of Fowler Institute. 

§ 2. Any persons who have already donated money or stockholders 
other property, to the trustees of Fowler Institute, for ^^^^ stock. 
educational purposes, or any persons who shall hereafter 
donate money or property to the same, shall be considered 
stockholders of said Institute and shall be entitled to a 
certificate of one share of stock, for every fifty dollars thus 
given, each share of stock shall be entitled to one vote in 
all elections. A meeting of stockholders shall be held in Meetings of 
the building of said Institute, on the Thursday next sue- «'°°^hoiders. 
ceeding the third Monday in the month of June of each 
year, for the purpose of electing trustees of said Institute. 
The voting shall begin at eleven o'clock a. m., and any 



20 ACADEMIES, COLLEGES, ETC. 

person who receives a majority of all the votes cast, either 
in person or by proxy in vt^riting, shall be and is hereby 
declared a trustee. 

Tmsiees and g 3, The number of trustees of Fowler Institute shall 

duties of j_^^ seven, including the principal of the school, who shall 

be, ex-officio, a trustee. Two trustees shall be elected at each 
annuarmeetina; of the stockholders, to serve each three years, 
and until their su'ccessors are elected; except that at the 
annual meeting of stockholders in June, 1SG7, there shall 
be five trustees elected as follows : one for one year, two 
for two years, and two for three years, and until their suc- 
cessors shall be elected. Brownell Wing holding over at 
present is hereby continued in office, until the annual meeting 
in 1868. The trustees shall make a report at each annual 
meeting of the stockholders, of all their acts for the school 
year closing, both in regard to the property entrusted to 
their care, and in regard to the progress and welfare of the 
school. 

iniawfui acts. § 4. To enable the trustees to fulfill the trusts committed 
to their care by this act, and the act to which this is an 
amendment, arid to secure the ends of this incorporation, 
it is hereby declared unlawful for any person to entice any stu- 
dent of the said Institute into the practice of gambling, or to 
furnish to any student any device or instrument for gaming, or 
any intoxicating liquors, and any billiard room, bowling alley, 
race course or other device or instrument for gaming, or any 
brothel or house of ill-fame, or place where ale, beer or any 
intoxicating liquors are sold or furnished, except for medi- 
cinal or mechanical purposes, within one mile and one-half of 
the site of said Institute, is hereby declared a nuisance, and 
, subject to abatement as such. 

construeiion of § 5. This act shall be taken and held to be a public 
^^^- act, and shall be liberally construed for carrying into effect 

the powers therein conferred in all courts and places, and 
shall be in force from and after its passage. 
Appkoved February 28, 1867. 



In force March AN ACT to incorporate the United Presbyterian Theological Seniinarv 
5, 1S67. of the Northwest. 

Preamble. Whereas, it is represented to the general assembly of 

the state of Illinois that the synod of Illinois of the United 
Presbyterian church of North America (which has since been 
divided into two synods, now known as the synod of Illi- 
nois, and the synod of Iowa,) did, in the month of August, 
A. D. 1859, adopt an instrument entitled the "Constitution 
of the United Presbyterian Theological Seminary, at Mon- 



ACiDEMUES, COLLEGES, ETC. 

mouth, Illinois," and have now a seminary for the profes- 
sional education of candidates for the christian mmistrj, 
established and in operation, under the said constitution ; 
and whereas, it is represented that, in order to the more 
convenient custody, management and disposal of the funds 
and other property now possessed, and which shall hereafter 
be possessed for the use of the said seminary, by the synods 
aforesaid, and other synods which shall become united with 
them in the direction and control of the said seminary, 
in conformity to the said constitution, it is necessary that 
there be constituted a board of trustees, which shall bea cor- 
poration, or body corporate and politic, in law and in fact ; 
therefore. 

Section 1. Be it enacted hy the People of the State c/ Name aud style 
Illinois^ represented in the General Assembly^ That D. G, 
Bradford, J A. P. McGraw and David A. Wallace, who at 
present constitute the board of trustees aforesaid, in said 
office, and their successors, duly elected and appointed in 
the manner hereinafter provided, be and they are hereby 
constituted and declared a corporation, or body corporate 
and politic, in law and in fact, and to have continuance and 
perpetual succession, by the name and style of " The Trus- 
tees of the United Presbyterian Theological Seminary of the 
Northwest." 

§ 2. That the said corporation shall be composed of not Trustees 
more than nine, or less than three trustees ; of whom not 
less than two-thirds shall be citizens of the state of Illinois ; 
and the board of directors of the seminary established 
under the said constitution shall have power at any meet- Power of. 
ing, held in the state of Illinois, to change one-third of the 
whole number of trustees in such manner as to the said 
board of directors shall seem proper, and to iill all vacan- 
cies which may then exist in the board of trustees ; and 
of every trustee so appointed, the proper credentials shall 
be a written certificate of his appointment by the board of 
directors, authenticated by the names of its president and 
secretary. 

§ 3. That two-thirds of the members of the said cor- Quorum. 
poration being met for the first time, in conformity to this 
act, or afterwards, in the manner hereinafter provided, shall 
be a quorum competent to transact its business. 

§ 4. That the said corporation shall have power to Rules and by- 
make all rules and by-laws which may be necessary and 
proper for the transaction of its business ; it shall have 
power according to its own rules, and as shall seem to it 
proper : to appoint a president, a vice president and a secre- officers. 
tary out of its own members, and other officers or agents at 
its discretion, the times and tenures of their offices respect- 
ively, the duties belonging to each, and the pecuniary 
compensation which they shall receive. 



22 ACADEMIES, COLLEGES, ETC. 

Time and place §5 That the first meeting of the Said Corporation shall 
of meetings, -j^^ j^^j^ -^ ^^^ ^j^^ ^^- Monmouth at such time as any two 

of the trustees named in this act, being assembled together, 
shall appoint ; afterwards it shall meet at such times and 
places as it shall appoint, and the president, or in case of 
his absence or inability, or refusal or neglect to act, the vice 
president, or if he fail, the secretary shall have power, 
and when requested by any two trustees, it shall be his 
duty to convene the corporation ; of the time and place of 
which special meeting the officer calling it shall give to 
each trustee due notice, either by himself, orally, or by 
some other person, or by a written note, left at the dwel- 
ling or the usual place of business of such trustee, or sent to 
him by mail a sufficient time before such meeting. 
Decision of § 6. That all questions before the said corporation shall 

questions. ^g decided by a majority of the members present at the 
time ; and on every such question each member shall have 
one vote, except the president or other person when acting 
as president, who shall have only the casting vote, in case 
the votes of the other members shall be equally divided. 
Seal. § T. That the said corporation shall have power to make, 

have and use one common seal, with such device and in- 
scription as it shall appoint, and the same to break, change 
or renew at its discretion. 
Treasurer and § 8. That the Said Corporation shall have power to ap- 
his duties. point a treasurer, who shall hold his office during the pleas- 
ure of the corporation, whose duty it shall be, under the 
direction of the corporation, to keep all books of account, 
to have the custody of all such books of account, securities 
of every kind, and other papers and documents relating to 
the finances, and of all funds, moneys and other property, 
real and personal, except tlie buildings and grounds con- 
nected therewith, occupied by the seminary, the library and 
furniture of which, subject to the disposal of the corpora- 
tion, the faculty shall have the custody and control ; and to 
present to the corporation annually, and oftener whenever 
required, a clear, full and true report of the transactions of 
the current year, or any part thereof, and of the whole state of 
finances. He shall be the keeper of the seal, and shall have 
the sole right to use it for the authentication of such in- 
struments as the corporation shall direct him thus to authen- 
ticate ; and shall execute to the corporation, whenever re- 
quired, a bond or bonds, in such penal sum or siuds, and 
with such securities as the corporation shall prescribe, for 
the I'aithful execution of his office ; and of all such bonds 
and securities the president of the corporation shall have 
the custody. 
,,.,,, 5 9. That the said corporation, by the name and style 

Suits atlaw. a • i i n i i i ' i , i' • i - j i 

aforesaid, shall be capable and able in law to sue and t^e 
sued, plead and be impleaded, in any court or courts of law 
or of equity, before any judge or judges, in all and all 



ers and func- 
tions. 



ACADEMIES, COLLEGES, ETC. 23 

manner of suits, complaints, pleas, causes, matters and 
demands of whatsoever kind and form they may be ; and 
all things therein or in anywise relating to do in as full and 
effectual a manner as any person or persons, or any body 
politic and corporate within the state may or can do. 

§ 10. That the said corporation is hereby expressly Prohibited pow 
prohibited from exercising in virtue of any power derived " 

from this act, any authority or control in any way whatever 
in respect to the doctrine or doctrines taught, the course of 
instruction and study, or the government and discipline in 
the said seminary, or to the appointment of professors or 
other instructors in the said seminary ; the tenure of their 
offices, or the execution thereof, or to the pecuniary com- 
pensation which any such professor shall receive, or the 
time or manner of its payment, all of which matters and 
things shall remain under the exclusive power and direc- 
tion of the synods aforesaid, and such other synods as shall 
become united with them therein in conformity to the pro- 
visions of the constitution of the said seminary as the same 
now exists, or as it may hereafter exist by amendments 
provided for by the said constitution, and of the board of 
directors of the said seminary, and so far as it respects the 
execution of their own offices to the professors of the said 
seminary, the said directors being in all things appertaining 
to their own offices subject to the control of said synods 
and the professors amenable to the board of directors in 
conformity to the said constitution. 



§ 11. That the said corporation, by the name and style ^r°ea?lstet° an'd 
aforesaid, shall be capable in law and have full power to property, etc. 
take, receive and hold all and all manner of lands, tene- 
ments, moneys, stocks, rents, annuities, reversions, franchi- 
ses, legacies, hereditaments, and other property, real or 
personal, whatsoever, which have at any time or times 
heretofore been granted, sold, bargained, released, devised 
or otherwise conveyed to any other body politic and corpo- 
rate, or any other person or persons whatever, for the use 
of the said seminary, or in trust for the same ; and the said 
lands, tenements, moneys, stocks, rents, annuities, rever- 
sions, franchises, legacies, hereditaments, and other pro- 
perty, real and personal, are hereby vested and established 
in the said corporation forever, according to the use and 
interest for which such gifts, grants, devises, releases, or 
other conveyances respectively, were originally made, and 
the said corporation is hereby declared to be seized and 
possessed of such estate or estates therein, as in and 
by their respective grants, sales, bargains, enfeoffments, 
gifts, devises and other conveyances thereof are declared 
limited and expressed; that further the said corporation, 
and their successors shall be capable in law and shall 
have full power to take, receive, hold and enjoy, in fee 
simple, or of lesser estate or estates in trust for the use of 



24: ACADEMIES, COLLEGES, ETC. 

the said seminary, all lands, tenements, moneys, stocks, rents, 
annuities, franchises, legacies, hereditaments, and other 
property, real and personal whatsoever by sale, bargain, 
grant, enfeoffment, release, gift, devise or other conveyance 
of any body politic and corporate, or of any person or per- 
sons capable to make the same, and that no misnomer of 
the said corporation and their successors shall annul, defeat 
or in anywise impair any gift, devise or grant of any kind 
to the said corporation, or to any other person or persons, or 
any other body politic and corporate for the said corpora- 
Proviso, tion : Provided, tliat the interest of party or parties shall 
sufficiently appear upon the face of the gift, grant, will, or 
other writing, whereby it was intended that any estate or 
interest should pass to such corporation or to any other 
body politic and corporate for the use of the said seminary. 
Exemption § 12. The tract of land on which the buildings of the 
from taxation, g^-^j seminary may now or hereafter be erected, together 
with all the furniture, books, apparatus, and all property, 
real and personal, moneys, effects, notes, bonds, bills and 
evidences of indebtedness, belonging to the said seminary, 
shall be and are hereby exempt from all taxes to the amount 
of one hundred thousand dollars. 
Investments of § 13. That the Said corporation and its successors shall 
funds. have power to invest and loan all moneys and funds, and 
buy, bargain, sale, lease, or otherwise to manage, sell and 
'^sitton"'^of'^^an dispose of any and all lands, tenements, stocks, rents, 
property and annuities, franchises, legacies, bequests and estates of any 
kind of which they shall be legally seized and possessed 
for the sole use of the said seminary in the promotion of 
the objects for which it is established and in conformity to 
the provisions of this act that the said corporation shall 
have power and it shall be its duty out of any estate, funds 
and property in its possession, custody, management and 
control, and not otherwise appropriated and limited to pro- 
Proyisions for vidc by purchase or otherwise, grounds, buildings, libraries, 
desfftifnlturt fnrniture and other accommodation for the use of the said 
^^°- seminary, and in like manner to provide an income for the 
Payment of saia- payment of all such salaries and compensations of professors, 
nes,etc. instructors and other officers and agents of the said semi- 
nary as shall be allowed and appointed by the board of 
directors of said seminary, and for the payment of the 
salaries and compensations allowed and appointed by the 
said corporation to its own officers, agents or other persons, 
and for defraying all the necessary and proper expenses for 
the transaction of its business. 
Special instruc- § 14. That in all cases in which special instruction shall 
*'°''^' be given by the board of directors of the said seminary, in 
writing, authenticated by the names of its president and 
secretary, in respect to the custody, investment, manage- 
ment or disposal of any lands, tenements, stocks, moneys, 
gifts, legacies, hereditaments, property, real and personal 



ACADEMIES, COLLEGES, ETC. 25 

estate or estates of any kind of which the said corporation 
shall be possessed, it shall be the duty of the said corpora- 
tion to a^t in conformity to said instructions: Provided^ Proviso. 
that the said instructions shall not be repugnant to the 
constitution of the United States, to the constitution and 
laws ot this state or to this act. 

§ 15, That the said corporation shall keep a journal of Jomnai of pro- 
its proceedings, and shall keep regular and fair entries of "'®®'^'°ss- 
all its pecuniary transactions, and a true and exact account 
of its receipts and disbursements, in a book or books, kept 
for that purpose, make to the board of directors of the said 
seminary a clear, full and true report of the transactions of 
the current year, or any part thereof, and of the whole 
state of the finances, and shall, whenever requireu, submit 
its journal and all books of account, securities, and other 
papers and documents relating to the business of the corpo- 
ration, to the examination of the board of directors of the 
said seminary, or of any person or persons appointed by 
the said board to make such examination. 

§ 16. That the said corporation shall have power to possess proper- 
take, receive, hold, possess and enjoy, for the use of the *^' ®*°' 
said seminary, lands, messuages, tenements, stocks, rents, 
annuities, grants, gifts, hereditaments and other estate, real 
and personal. 

§ 17. This act shall be deemed and taken to be a public 
act, and shall be of force from and after the date of its pas- 

;ge. 

Approved March 5, 1867. 



AN ACT to incorporate the Kankakee Male and Female Seminary. in force March 

4, 1S67. 

Section 1. Be it enacted ty ike People of the State of 
Illinois, rejriresented in the Oeneral AssemUy, That David corporators. 
F. Ilicks, John Dale, Julius Taylor, John Stiles, D. S. Par- 
ker, Emery Cobb, B. F. Livingston, and their successors in 
office, are hereby constituted a body corporate and politic, 
by the name and style of "Kankakee Male and Female Name and style. 
Seminary," and by that name to remain in perpetual suc- 
cession, with power to contract and be contracted with ; sue 
and be sued ; to hold all kinds of property, real, personal and 
mixed, acquired by gift, purchase, grant or otherwise, and 
to dispose of, convey, or encumber the same; to have and 
use a common seal, and alter the same at pleasure ; to make 
and alter such by-laws as they may deem necessary for the 
government of said corporation, its officers and employees, 
not inconsistent with the constitution and laws of this 
state. 



26 ACADEMIES, COLLEGES, ETC. 

Objects. § 2. The objects of this incorporation is to build up and 

maintain at the city of Kankakee, in the county of Kanka- 
kee, an institution of learning, to encourage the arts and 
sciences, and promote educational interests and general 
improvement. 

^powt!^*'"*and § 3- '^^^ persons named in the first section, and their 
duties. successors, shall be the trustees of said institution; shall 

have power to erect or provide suitable buildings, appoint 
the necessary officers, professors and teachers; to confer 
degrees and give diplomas, such as are common in similar 
institutions. 

instHutiontobe g 4^ The Said institution shall be opened to all persons 
of such age and qualification, and on such terms as shall be 
pretcribed in the by-laws and rules of said incorporation, 
and no particular religious faith or profession shall be 
required of those applying for admission as students; but 
any whose habits are idle or vicious, or whose moral char- 
acter is bad, may be suspended or expelled from said insti- 
tution. 

^noMo^«^'^ § 5, No sectarian principles or denominational creeds 

taught. shall designedly be taught in said institution. 

Endowment. § 6. The trustces, fur the purpose of endowing said 

institution, may cause to be opened books of subscription 
to the capital stock of said incorporation, issue and dispose 
of scholarships, on such terms and conditions as may be 
agreed upon between them and the person or persons 
receiving the same, 

'^eiectld'' *° ^^ § ^' "^^^^^^ ^^^^^^ b^ elected annually, by the acting trus- 
tees and stockholders a board of trustees, which shall con- 
sist of not less than five nor more than nine, who shall hold 
their office until their successors are elected, and at all elec- 
tions and meetings of said incorporation, whether to appoint 
trustees, professors, teachers or employees, and in all acts 
pertaining to said institution, each stockholder shall be 
entitled to one vote for each share ($100) of stock he or 
she may own: Provided, that no stockholder shall cast 
more than twenty vote?, each trustee, by virtue of his office, 
shall be entitled to one vote. The time and place for hold- 
ing said elections and meetings shall be determined by the 

First election, trustccs. The first election for trustees shall be on the first 
Saturday in April, 1867, and until such election the afore- 
named persons shall be the trustees and perform the duties 
of the same. In case of death or resignation, the stock- 
holders may fill such vacancies. The trustees or a majority 
of them, provided a majority of the stock is represented, 
shall have power to meet at such other times as they may 
deem expedient to further the interests of the institution. 

Property free ^ 8. All property, of whatever kind or description, 

from taxation. , , . , ' "^ ■'i , . , , . i i i • ^ . 

belongnig to or owned by said corporation, or held in trust 
by any persons or person, whether it be held in fee or a 
limited duration, shall be free from taxation, for any and 



ACADEMIES, COLLEGES, ETC. 27 

all purposes whatever, so long as it is held, used or intended 
for school purposes, the amount so exempt not to exceed 
twenty thousand dollars. 

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

Appeoved March 4, 1867. 



AN ACT to amend an act entitled "An act to incorporate the Urbana and ^i force March 
Champaign Institute," approved February 21st, 1861. ^1S6(. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assew.hly, That section 
ten (10} of the said act exempting all the property of the 
corporation in caid act mentioned, both real and personal, 
from taxation, be and is hereby repealed. 

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

Approved March 5, 1867. 



AN ACT to incorporate the Lincoln institute. In force March 

6, 1867. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assemhly, That Edwin corporators. 
C. Larned, Joseph T, liyerson, Edward L. Tinkham, E. 
W. Blatchford, Edwin H. Sheldon, H. W. King, George L. 
Dunlap, William B. Ogden, Ezra B. McCagg, Tarleton 
Jones, John M. Douglas, Perry H. Smith, Julian S. Eam- 
sey, George Sturgis, Gilbert Hubbard, Charles Hammond, 
Corydon Beckwith, James Dole, J. B. Calhoun, W. H. 
Bradley, William R. Larrabee, J. Y. C. LeMoyne, F. B. 
Peabody, Walter L. Newberry, Leander McCormick, Sam- 
uel Shackford, A. C. Hessing, J. L. Stark, M. D. Ogden, 
I. K Arnold, Ebenezer Buckingham, J. J. Sands, F. H. 
Kales, D. Goodwin, jr., Mark Skinner, J. M. W. Jones, 
Dr. J. N. Isham, Dr. J. W. Freer, John S. Beed, Samuel 
Nickerson, W. D. Houghteling, Nicholas D. Clapp, T. M. 
Jones, Charles G. Hobart, F. W. Pratt, Robert Haile, 
J. P. Clarkson, George Taylor, Henry W. Towner, John 
Borden, R. Meadowcroft, Joseph Stockton, John Wood- 
bridge, Erastus L. Williams, H. F. Waite, George F. Bailey, 
Nathan Mears, Eli Bates, W. G. Lewis, Shelton Sturgis, 
W. R. Nixon, Thomas Phillipps, Theodore F. Phillips, H. 
Fox, A. E. Goodrich, A. C. Coventry, F. A. Eastman, 
George Schneider, R. B. Treadway, J. M. Roundtree, 



'28 ACADEMIES, COLLEGES, ETC. 

J. N. Jewett, V. C. Turner, W. M. Tiirmau, or such of 
them as shall become stockholders under the provisions of 
this act, and their associates and successors be, and they 
are hereby created a body politic and corporate, under tlie 

Name aud style, name of "The Lincoln Institute," and by that name they 
and their successors shall have perpetual succession, with 
power to sue aud be sued, to have and use a common seal, 
and to acquire, hold, sell and transfer both real and per- 
sonal property by any and all the usual modes as individ- 
uals may and can do. 

Institution to § 2. The Said corporation is hereby authorized to estab- 

be established, jj^j^ ^^^ institution for the education of girls in the "North 
Division of the city of Chicago," and shall have and exer- 
cise all such corporate powers as are essential or useful in 
the attainment of said object, and as are usually conferred 
on similar bodies corporate. 

Capital stock. § 3. The Capital stock of said corporation shall be sixty 
thousand dollars, but may be increased by the vote of the 
stockholders to an amount not exceeding one hundred and 
twenty thousand dollars, and shall be divided into shares of 
three hundred dollars each, which shall be personal prop- 
erty and transferable in such manner as the by-laws of the 
corporation shall prescribe. Each holder of a share of stock 
shall have the right to have a pupil educated in said insti- 
tute by the payment of the prescribed amount for tuition 
and complying with the rules and conditions established by 
the board of trus!:ees. 

Board of trus- § 4. The Corporation hereby created shall be under the 

*®®^" direction of a board of trustees, to be composed of such 

number as the stockholders may from time to time deter- 
mine, and until otherw^ise ordered the number of such trus- 
tees shall be seven. Such trustees shall be stockholders 
and shall be elected by the stockholders at such time and in 
such manner as the by-laws of said corporation shall pro- 
vide, and shall hold their offices for two years and until their 
successors are elected. 

First board of § 5. Joseph T. Eyerson, Edwin C. Earned, Edward L 

''""'"''■ Tinkham, E. W. Blatchford, Edwin H. Shelden, H. W. 

King and George L. Dunlap, shall constitute the first board 

of trustees under this act, and shall hold their offices until 

their successors are elected in manner herein provided. 

Quorum of trus- § G. The boai'd of trustees of said corporation, a ma- 
jority of which shall constitute a quorum, shall have and 
exercise, unless otherwise ordered by the stockholders, all 
the powers hereby conferred on said corporation, and may 
elect such officers and appoint such agents and make such 
by-laws, rules and regulations not inconsistent with the 
laws of this state for carrying into effect the objects of this 
act, as to them shall seem expedient. They shall also have 

vacancies-h po^er to till any vacancy that may occur in said board by 

filled. death, resignation, removal or otherwise, and shall make 



ACADEMIES, COLLEGES, ETC. 29 

the needful provisions for the next biennial election of their 
successors. It shall be competent for said board to author- 
ize the admission of hojs into the primary department of 
said institute, subject to snch regulations as to ai,^e and 
otherwise as they may deem expedient. 

§ 7. The said board shall have power, with the approval ^^'imDr'Tn^m 
of a majority of the stockholders, to change the name of 
the corporation and to entitle the same with the name of 
any individual who, by reason of the amount of stock in 
said corporation subscribed by him, or by donations or ser- 
vices in behalf of said institution, shall be deemed deserv- 
ing of such honor. 

§ 8. It shall be the duty of the board of trustees to Trustees to pur- 
purchase a suitable lot and to cause a suitable and tasteful erecTbuiidfn'g. 
school building to be erected thereon for the purposes of 
the institute which shall be of the best construction and 
arrangement and furnished in a complete and tasteful style, 
and with all needful and appropriate school furniture, fix- 
tures and apparatus. To organize or provide for compe- 
tent instructors in all the various departments of instruction 
needful or desirable to secure to the pupils a thorough and 
complete education. The purpose and aim of said board 
shall be to provide and maintain a first class institution in 
every respect for the education of girls, and they have all 
the power and authority needful to carry such object into 
full effect. 

§ 9. The persons named as the first board of trustees Subscription 
shall open subscriptions for stock in said corporation, and opeued.° 
may organize and proceed to carry out the objects of this 
act so soon as a sufficient amount of stock shall, in their 
judgment, have been subscribed for such pur[)Ose. 

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

Appkoyed March 6, 1867. 



AN ACT to incorporate " Southern Illinois college." In force March 

7, 18(5T. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ rejpresented in \the] General Assembly, That Silas corporator.?. 
L. Bryan, C. J. Houts, T. F. Houts, H. F. Hamlin, R. H. 
JVIassey, Daniel Hain, Joseph Mosser, J. S. Lydick, Wm. 
H. Carrington, Isaac Forraan, Garrett Crownover, C. S. 
Kellogg, Wm. Stoker, James C. Finley, John Gunn, J. C. 
Wilson, J. A. Davenport, S. G. Hicks, N. E. Adams, J. I. 
Richardson, J. B. Carrington, T. A. Eaton, G. W. Hughy, 
John Leeper, John Thatcher, J. W. Lowe, S. E. Willi ng, 
E. D. Lingenfelter, J. S. Morrison, J. H. Lockwood, E. Joy, 



30 



ACADEMIES, COLLEGES, ETC. 



Object. 



Trustees- 
duties of. 



A. B. Morrison, Joseph Harris, Hiram Sears, Urial Mills, 
David Adams, J. D. Gilliam, T. N. Johnson, N. W. Ab- 
bott, J. W. Primmer, A. Bliss and T. B. Yandeveer, and 
their successors and assigns, be and are hereby created a 
body corporate and politic by the name and style of 
Name and style " Southcm Illinois College," and by such name to have 
perpetual succession and existence, with power to sue and 
Powers of cor- be sued, to plead and be impleaded, to take, have, hold 
poration. ,^^^^ ^^^^ property, persona], real and mixed by any mode of 
conveyance or transfer, and to lease, mortgage or sell and 
convey the same, as a natural person ; to make, have and 
use a common seal, and to change or alter the same at 
pleasure; to make and alter by-laws for the government of 
the corporation, its officers, agents and servants ; Provided, 
such by-laws be not inconsistent with the constitution and 
laws ot the United States or of this state. 

§ 2. The objects of the corporation shall be to establish 
at Salem, Marion county, Illinois, maintain, support and 
govern a college for general education, and all property and 
money acquired, shall be held and used solely for that 
purpose and not as a joint stock company for individual 
benefit. 

§ 3. The trustees of said corporation shall have author- 
ity to establish departments and professorships in said 
institution, prescribe and regulate the course of studies, to 
fix the rate of tuition and other expenses; to elect a presi- 
dent and professors, and all such other officers and agents 
as may be neceesary in managing the affairs of the institu- 
tion, to define their duties, fix their compensation and to 
displace or remove them ; to purchase or erect necessary 
buildings, to purchase books, chemical and philosophical 
apparatus, to make rules for the government of the insti- 
tution. 

§ 4. The trustees shall faithfully appl.y all funds col- 
lected by them, as in their judgment will best promote 
sound learning: Provided, that in case any donation, 
devise or bequest shall be made for particular purposes in 
accordance with the objects of the institution, and the trus- 
tees shall accept the same, and every such donation, devise 
or bequest shall be applied in conformity with the expressed 
condition of the donor or devisor, 

§ 5. The board of trustees shall be composed of forty- 
two members, one-half of whom shall be members of the 
southern Illinois conference of the Methodist Episcopal 
church, or should the said conference be divided, they shall 
be members of the conferences, into which said conference 
may be divided, and the other half shall live within the 
bounds of said conference, the president of the college 
shall be, ex officio, member. 

§ 6. The persons named in the first section shall consti- 
tute the first board of trustees, and shall be organized within 



Trustees t» 
faithfully ap- 
ply funds. 



Trustees- 
number of 



First bonrd of 
trustees. 



ACADEMIES, COLLEGES, ETC. 31 

six months after the passage of this act. Immediately after 
such organization, they shall be divided into seven classes, 
one-half each class shall be ministers, as provided for in the 
lifth section of this act, and the term of service arranged by 
lot or otherwise, so that one class shall go out of office each 
successive year. 

§ T. The trustees shall have power to declare vacant vacancies, 
the seat of any person who shall be absent during two regu- 
lar consecutive meetings ol the board. 

§ 8. The college buildings and boarding house and the '^jnig^^etc'^^not 
lot of land on which they are situated, including not more liable for" cer- 
than ten acres, together with the furniture, cabinet, cliemi- '^"^ '^®^'®' 
cal and philosophical apparatus, shall not be liable to, nor 
holden for the debts contracted by the trustees ; and it is 
hereby declared that the trustees shall have no power to 
sell, convey or mortgage the same, or to create or permit 
the existence of any liability, on account of which the same 
may be subject to sale under any decree, judgment or pro- 
cess of any kind, but the same shall remain forever free 
and exempt from sale, for or on account of any indebted- 
ness or liability created by the trustees or permitted by 
them, to accrue or exist against the corporation, anything in . 
this act to the contrary notwithstanding, 

§ 9. The board at each annual session shall proceed to vacancies-how 
nominate by ballot, to fill the vacancies which may have 
occurred by death, resignation, removal, expiration of term 
of service or otherwise. A list of the names receiving the 
highest number of votes, provided the said persons are qual- 
, ified in accordance with the fifth section of this act, shall be 
forwarded to the next session of the annual conference 
Methodist Episcopal church, by the secretary, countersigned 
by the president, and on the ratification of said nominations 
by said conference, they shall become members of the 
board. 

§ 10. The failure to meet in annual session shall not Forfeiture of 
work a forfeiture of this charfer, provided such failures 
shall not be tor more than five consecutive years. 

§ 11. On forfeiture of charter by provision of foregoing 
section, the court of chancery of Marion county shall, on 
application of any donor or legal representative of any 
donor, grant a decree to sell said property, the proceeds 
of such sale to be divided among the donors or their legal 
representatives ^ro rata. 

% 12. The trustees shall hold one annual meeting, with Annual meeting 
such other special meetings as the board may deem neces- 
sary. Any number present, after due notice has been given, 
shall constitute a quorum to transact ordinary business. A 
majority of the whole number must concur in the appoint- 
ment, removal or dismissal of the president or any one of the 
professors. The trustees shall also have power, a majority 
of the whole number concurring, to appoint a committee mftue!^^ '^""^ 



commissioners 



32 ACADEMIES, COLLEGES, ETC. 

not to exceed five, of whicli number the president fchall be 

one, to be stjled the executive committee, M'ith power to 

attend to and execute all the appropriate duties of the board 

during intervals between the regular meetings. The 

said committee shall have power to fill vacancies which 

may occur in the faculty, but shall have no power to create 

vacancies by the removal of the president or any of the 

professors or trustees, except for immoral conduct. 

Trustees may § 13. The trustccs shall havc power, on recommendation 

confer degrees ^^ ^^^^ faculty, to coufer ou studcuts such degrees in the 

sciences and liberal arts as in their judgment they may be 

entitled to. 

How depart- § 14. There shall be no departments established or pro- 

Strbfish'J'J, ''^ fessorships created, except on concurrence of a majority of 

^^^- the whole number. 

Endowment g 15. At cacli annual meeting the board shall elect one 

from their number, who shall in connection with the presi- 
dent of the institution, and treasurer of the board, constitute 
the endowment commissioners of said college. Before en- 
tering on the duties of their office, they shall give bonds to 
be approved by the president and auditor of the board, in 
a sum double the amount which may be in their hands or 
under their control, and also for the faithful performancewof 
the duties imposed upon them by the board of trustees. 
All moneys and other property, personal, real or mixed, 
which may be given from time to time to the endowment 
fund of the said institution, shall be under their exclusive 
control : Provided, in no case shall they sell real estate 
without the concurrence of the board of trustees. 

§ 16. The act entitled an act to incorporate Southern 
Illinois Female College, approved February 18, 1855, is 
hereby repealed. 

§ 17. This act is hereby declared a public act, and shall 
be admitted as evidence in all proceedings, judicial or oth- 
erwise, without being specially pleaded, and shall take 
effect on its passage. 

Approved March 7, 1867. 



In force March AN ACT to incorporate Southern Illinois College in Carbondalo, Jaelcson 
S' 18^^' county. 

Section 1. Be it enacted Inj iJie People of ,the State of 
Corporators. IlUnois, represented in the General Assembly, That William 
Schwartz, Silas W. Leonard, Lysias Heap, J3. F. Pope, 
Barnet A. Howard, H. D. Bantaw, John Hall, John Ford, 
John Goodall, John Lindsay, Stephen Blair, Daniel Gil- 
bert and S. R. Hay, and their successors, be and are hereby 



ACADEMIES, COLLEGES, ETC. 66 

created a body corporate and politic, to be styled "The 
President and Trustees of Southern Illinois Collci^e," and 
by that name to remain and have perpetual succession, with Name and style 
full power to sue and be sued, i)lead and be impleaded, ^owere. 
defend and be defended against, both at law and equity, in 
anj and all courts in this state, having jurisdiction of the 
subject matter thereof; to contract and be contracted with, 
to purchase, acquire and hold, sell and convey property, 
both real and personal ; to have and use a common seal, to 
alter, amend or renew the same at their pleasure ; to make, 
alter and amend, at their pleasure, a constitution and by- 
laws for the management and government of said institution, 
and finally to do whatever may be necessary to carry out 
fully the object of this act of incorporation. 

§ 2. That the said college shall be located in or near the Lopation of 
town of Carbondale, county of Jackson, state of Illinois, college. 
The object shall be to furnish instruction and means of edu- 
cation to all who may comply with the by-laws and regu- 
lations of the institution, and shall be open equally to all 
persons for this purpose: Provided, hoivever^thoX the institu- 
tion shall forever remain under the control of the Christian 
churches of southern Illinois, or that portion of the state 
lying south of the Ohio and Mississippi railroad. 

§ 3. The board of trustees shall consist of not more Quorum, 
than thirteen persons, and five of the number shall consti- 
tute a quorum for the transaction of business, whose duty 
it shall be, and who shall have power to form and make a 
constitution and by-laws for the good government and 
management of said institution, to alter, amend and repeal 
the same at pleasure, and do all things necessary to be 
done in the premises for the purpose aforesaid. 

§ 4. The trustees shall be elected by delegates of the Trustees how 
Christian congregations of Southern Illinois, or that portion ^ '^°*® " 
of the state lying south of the Ohio and Mississippi rail- 
road, assembled in general convention in Carbondale, on 
the last Friday in June of each year, or as soon thereafter 
as the executive committee can call a special meeting of the 
convention, each church being entitled to three delegates and 
three votes in said election. 

§ 5. The number of members to be elected each year Termof trus- 
and their term of otfice shall be determined as follows : On 
the last Friday in June, 1867, the board of trustees created 
by this act shall meet in Carbondale and proceed to draw 
lots for term of oflice, five drawing a lot that shall cause 
their term of ofiice to expire immediately, four a lot that 
shall cause their term of oflice to expire in one year from 
that day, and four a lot that shall cause their term of oflice 
to expire in two years from that day. The qualified elec- 
tors shall then proceed to elect trustees in the place of those 
whose term of oflice has expired, who shall hoM otfice for 
a term of three years, and each succeeding year elect suc- 
Vol. I.— 3 



34 ACADEMIES, COLLEGES, ETC. 

ccssors to those whose term of* office has expired: Provided^ 
removal from the state shall be held and cuiiBidered bj the 
said board a resignation, and they may at once proceed to 
fill such vacancy till the next last Friday in June, when the 
qualilied electoi-s shall elect one who shall till the unexpired 
part of the term of office made vacant by such removal. 
Officers of col- g 6. The board of trustees shall have power to appoint 
p^olnted. ^ *^ an executive committee and such other and additional officers 
and agents as may be necessary ; and also such principals, 
professors and teachers as the good government and course 
of instruction adopted in such institution may require, and 
to remove any of them for sufficient reasons. They shall 
proscribe the course of studies to be pursued in the college, 
and to confer such degrees and rewards of merit as may be 
consistent with the object ot the aforesaid institution. 
Property ejc- g 7. That the property of whatsoever kind or descrip- 
uiation. ^^^ tion it may be, whether real, personal or mixed, already 
acquired or hereafter obtained, belonging or ap])ertaining~ 
to said college, shall be forever free and exempt from all 
taxation for all and every purpose whatever, whether state, 
county, city or village, corporation, school or road taxes. 

^°oTn*t re"iciel«t §' ^' "^^^^ ^'^^^ board aud president of the board of trus- 
Sf 'faculty, etc. tccs shall havo power to appoint the president of the faculty 
and all teachers or members of the faculty of teachers for 
said institution, fix their compensation, define and regulate 
their duties and to remove them on sufficient grounds, to 
till all vacancies occasioned by such removals or by death, 
resignation or otherwise ; to erect or cause to be erected 
suitable and necessary buildings, purchase books, chemical 
and philosophical apparatus and other means of instruction ; 
to raise funds and property for all necessary purposes con- 
nected herewith, and to put into operation such rules and 
regulations for the management of the students as they may 
deem right and proper. 
Agents, tew'h- ^ 9, All agcuts, tcachcrs, and the president of the fac- 
alui "how'^ ITp- ulty of instruction, shall be appointed by the board of 
pointed. trustees at tiieir annual meeting the last Friday in June of 

each year, after the new trustees liave been elected, and such 
agents, teachers and president shall hold their positions for 
one year, unless sooner removed by dismissal for sufficient 
reason, death oi- resignation. 
Funds to be § 10. The president and trustees of said college shall 
pi'iod" ^ ^^ laithfully ap})ly all the funds by them collected or hereafrer 
acfpiired, according to their best judgment, in erecting suit- 
able buildings, supporting the necessary instructors, officers 
and agents, in purchasing useful and necessary books, maps, 
charts, globes and chemical and philosophical apparatus, or 
promote sound learning in said institution. 
Donation.'. §11. Any donation, devise or bequest made for special 

purposes, in accoi dance with the object of said institutiont 



ACADEMIES, COLLEGES, ETC. 35 

if the trustees accept the same, shall be faithfully applied 
in accordance with such special purpose. 

§ 12. The treasurer and all ai^euts of said college, who Treasurer, etc., 
shall be intrusted with money, funds or other property of ^^'^'^ °°'^' 
the institution, shall, when required to do so by the trustees, 
give a bond for the faithful discharge of such trust, in such 
penalty and with such security as the board shall approve ; 
and process against such corporation shall be by summons, 
and service of the same shall be made by leaving an attested 
copy with the treasurer of said corporation at least twenty 
days before the return thereof, 

I 13. The president and trustees of said college shall stated meetings 
hold one stated meeting each year, the last Friday in June, 
and such other special meetings as they may deem necessary, 
and at each annual meeting shall elect one of their number 
president, one secretary, and another treasurer, who shall 
hold office for one year and until their successors are elected 
and qualified. 

§ 14. The election of William Schwartz, Silas W. Leon- Prior action of 
ard, Lysias Heap, B. F. Pope, Barnet A. Howard, H. D. ^oard legalized 
Bantau, John Hall, John Ford, John Lindsay, John Good- 
all, Stephen Blair, Daniel Gilbert and S. R. Hay, as trustees 
of said college, and their election of president, secretai-y and 
treasurer, as well as all other prior actions of said board is 
and the same is hereby declared to be legal and proper to 
all intents and purposes, as fully and in every respect as 
though the act of incorporation had been enacted prior to 
such election and action, and in accordance with its 
provisions. 

§ 15. This act shall be deemed a public act, and shall 
be in force from and after its passage, and shall be liberally 
construed in all courts in this state, for the purpose hei-ein 
expressed. 

Appkoved March 8, 1867. 



AN ACT to incorporate Southern Illinois Christian University. j^ f^^^^ March 

8, 1867. 

Section 1. Be it enacted by the People of the State of 
Illinois^ represented in the General Assembly^ That A W. 
Mace, O. A. Battson, Z. D. French, William May, Jacob corporators. 
Beaird, L. D. Roderick, William Rictor, Theodore Gharst, 
A. J. Stuart, Ebsworth Utterback, Arthur Hecker, Jacob 
May, Lucian P. Sanger, John Melrose, A, G. Basden, and 
their successors in office, be and are hereby created a 
body politic and corporate, by the name and style of 
" Suutiiern Illinois Christian University," and by that name Name and style 
and style to remain and have perpetual succession, with 
all the powers, rights and privileges conferred on the sev- 



36 ACADEMIES, COLLEGES, ETC. 

Powers confer- eral institutious by sections three (3), five (5), six (6) and 
^'"^' , seven (7), of " An act to incorpoi-ate the Mattoon Acad- 
emy," approved February 21st, 1859 ; by sections three 
(3), four (4), five (5) and six (6), of "An act to incorpo- 
rate the Barrington Academy," approved February 16tb, 
1865 ; and by sections six (6), seven (T), nine (9) and ten 
(10), of "An act to incorporate Lincoln University," ap- 
proved February 6th, 1865 ; and the several sections herein 
named shall constitute and form a part of this act. The 
several persons herein named are hereby appointed trus- 
tees of said corporation, and shall hold their otiice for one 
year from and after the date this act takes eflect, and until 
their successors are elected and qualified. 
BuiiditDgs to be § 2. The Said corporation shall erect and establish at 
boused /oinuy the town of Claremont, in the county of Richland, a uni- 
worship''^'^*^^ versify chapel, to be used jointly for religious worship by 
all evangelical denominations in or near said town. Said 
corporation shall also erect, purchase or otherwise obtain in 
said town suitable buildings, in which shall be opened and 
conducted a primary or common school department, and an 
academic or university preparatory department, which de- 
partments may, by consent of the trustees of the univer- 
sity, and a vote of the school district in which they are 
located, at a meeting, legally called for the purpose, be 
maintained and controlled by the school directors of said 
district, in accordance Avith the school law of this state. 
The other depaitments of this institution may be located at 
any point on or south of the Ohio and Mississippi Railroad. 
§ 3. This act shall be deemed and taken to be a public 
act, and shall be in force from and after its passage. 
Appkoved March 8, 1867. 



In force May AN ACT to incorporate Edgar Collegiate Institute, located in Edgar 
8, ISC'?- county, Illinois. 

Preamble WuERKAS, Samuel Newcll, Andrew M. Yance, John C. 

Means, William Blackburn, L. L. Todd and John W. 
Blackburn have been, and now are associated together as 
trustees of an educational institution, known by the name 
of " Edgar Academy," located at Paris, Edgar county, 
Illinois, and as trustees, are the owners of certain real and 
personal property, belonging to said academy; therefore, 

Skotion 1. £e it enacted by the Peo'ple of the State of 
Illiiiois^ Te.'preserded in the General Assembly^ That Sani- 

corporators. "^1 Newell, Andrew M. Yance, John C. Means, William 
Blackburn, L. L. Todd and John W. Blackburn, and their 
successors and assigns, be and they are hereby created a 



ACADEMIES, COLLEGES, ETC. 37 

body politic and corporate, by the name and style of " Tlie 
Edoiar Collegiate Institute," and by that name shall have Name and style. 
perpetual succession, for the purpose of maintaining said 
institution of learning in or adjacent to the town of Paris. 

§ 2. Said corporation, by its board of trustees, shall ^teeyL°fheir"^' 
have power, in their corporate name, to have and use a powers, etc. 
common seal, to sue and be sued, to acquire, receive and 
hold, by purchase or otherwise, property, real, personal and 
mixed, and to use, sell, lease and dispose of said property, 
the same as a natural person, for the purposes of said cor- 
poration, and for the promotion of the objects and interests 
of said institution of learning, and said trustees shall have 
power to appoint all such officers, and make such rules, by- 
laws and regulations for the management of said corpora- 
tion, as may to them seem necessary. 

§ 3. Said corporation shall have a board of trustees, Trustees. 
consisting of six persons, who shall hold their offices for the 
term of six years, and until their successors are elected. 
The first board of trustees shall consist of the above named 
Corporators, and their successors shall be elected by the 
Palestine Presbytery of the Presbyterian church, (O. S.) at 
any regular or called meetintr. John W. Blackburn and 
Andrew M.Vance shall hold offices for two years, and until 
their successors are elected ; Samuel Newell and John 0. 
Means for four years, and until their successors are elected ; 
and William Blackburn and L. L. Todd for the term of six 
years. 

, § 4. All the property, both real and personal, belonging ^jnPorpomiS 
to the trustees of Edgar Academy is hereby vested in the 
corporation created by this act, and said corporation is 
hereby authorized to establish, maintain and perpetuate an 
institution of learning for both male and female, in which 
all the branches of a classical, literary and scientific educa- 
tion may be taught; also, to grant diplomas and confer 
degrees, and do all other acts and things usually done by 
colleges and universities ; and the prc>perty of said corpora- 
tion shall be exempt from taxation to the value of twenty- 
five thousand dollars ($25,000.) 

Appkoved March 8, 1867. 



Jranches to be 
taught. 



AN ACT to incorporate the DeWitt County Seminary. ^" ^°' Tsei!^"^*^ 

Section 1. Be it enacted hy the People of the State of 
Illinois^ rrjnesented in the General Assembly^ That William corporators. 
Haynie, Kichard P. Crang, Thomas K. Edmiston, Ezekiel 
H. Palmer, Lawrence Weldon, Clifton H. Moore, Henry 
Crosby, James DeLand, Joseph J. Kelly, George W. 



38 &.CADEMIES, COLLEGES, ETC.' 

Gideon, Robert Magill, Samuel Magill, Henry Magill, 
Edward Porter, John B. Hunt, Caswell P. Ford, George 
W. Phillips, William C. Campbell, J. T. Snell, Emmet Kent, 
Soloman J. Lewis, Henry S. Green aud John P. Mitchell 
and their associates and successors, and all such persons as 
shall become stockholders, are hereby created a body politic 

Name and style and Corporate, under the name and style of "DeWitt County 
Seminary," and by that name and style to remain and have 
perpetual succession. The said seminary shall be and remain 
within the corporate limits of the town of Clinton, in the 
county of DeWitt, and state of Illinois. The number of trus- 

Number of tecs shall be live, one of whom shall be president, and another 
secretary of the board, to be chosen by the trustees ; and un- 

Powersoftrus- dcr the above name and style shall have power to make con- 
*®®®* tracts, to sue and be sued, to plead and be impleaded, to 

answer and be answered unto in all courts and places, to grant 
and receive by its corporate name, and to do all other acts as 
natural persons may or could do, to accept, acquire, purchase 
or sell property, real, personal or mixed, in all lawful ways, to 
use, employ, manage and dispose of ail such property, and all 
moneys belonging to said corporation in such manner as 
shall seem to the trustees best adapted to promote the 
objects of education ; to have a common seal, and to change 
and alter the same at pleasure, to make such by-laws for its 
regulation as are not inconsistent with the constitution of 
the United States, and of this state, to confer on such persons 
as may be considered worthy such honorary degrees as are 
usually conferred by similar institutions. 

Trustees to pre- § 2. The trustces of said incorporation shall have 

of'studies,'ete^ authority from time to time, to prescribe and regulate the 
course of studies to be pursued in said seminary, to fix the 
rate of tuition and other seminary expenses, as may be 
necessary in managing the concerns of the institution, to 
define their duties, to fix their compensation, to displace and 
remove them, to erect necessary buildings, to purchase books, 
chemical and philosophical apparatus, and other suitable 
means of instruction, to make rules for the general regulation 
of the conduct of the students, and to make and pass such 
rules and by-laws as they may deem necessary and expedient. 

Vaeancies-how § 3. The trustces in order to have perpetual succession, 

^*'*''^' shall have power to fill all vacancies which may occur in 

said board from death, resignation, or from any other cause. 
A majority of the trustees shall constitute a quorum to do 
business. 

Treasurer to be § 4, jt shall be the dutv of the board of trustees to appoint 

appointed. "^ 1 1 1 ,■ ,1 • 1 ,■ '■^ , 

a treasurer to the board from their own number, or from the 
stockholders, who shall be required to give bond with suffi- 
cient security as the board may prescribe, conditioned for 
the performance of such duties as the by-laws may require 
of him, and to hold his oliice for such time as the by-laws 
may prescribe. 



ACADEMIES, COLLEGES, ETC. 39 

§ 5. The sole object of said institution shall be the object of insu- 
promotion of male and female education, and shall be '""°''" 
open to all denominations of christians, and the profession 
ot anj particular religious faith shall not be required of those 
who become teachers or students of said seminary. AH 
persons, teachers or students, Mdiose habits are idle or vicious 
or whose moral character is bad, or who refuse to obey the 
rules of the institution, may however, be sus}-,ended or 
expeUed from said seminary, by the trustees thereof. 

§6. The lands, tenements and hereditaments, to bei-^ndstobe 
held in perpetuity by virtue of this act, by said corporation, ^''''^• 
shall not exceed ten acres. 

§ 7. The stock of said company* shall consist of shares capital stock, 
of twenty dollars each, and shall be deemed personal 
property, and shall be transferable by assignment of the 
certificate on the books of said corporation, in such manner 
as the board of trustees shall prescribe. The capital stock 
of said company shall not exceed fifty thousand dollars, and 
Its funds, rents and privileges shall only be used for the pur- 
poses of education as herein declared. Provided, that two- 
thirds of the stock by vote of the holders of the same may 
at any time, direct the dissolution of said corporatioL and 
the selling ot its property, in which case the proceeds of 
such sale shall be equally divided among the stockholders 
according to their shares. ' 

§ 8. All deeds or instruments of writing for the con- Deeds, etc to 
veyance of real estate to the said corporation^, shall be made ^"^ ^^^^ *° 
to the president and trustees of De Witt county seminary and ^^'^^^^- '""* 
their successors in office, for the use of said seminary and all 
deeds and conveyances of land from said corporation, shall 
be made by a majority of the trustees, sealed with the seal 
of the corporation, if they have a pubhc seal, if no public 
seal 18 provided then signed by the president and his 
private seal, and by him acknowledged in his official 
capacity. 

^ t \ ^Y ^^^?,^o^ t^^e election of trustees shall be on the Tim. of , .- ' 
first Monday of October, a. d. 1867, and on the first Mon ^^'^-tfr 
ot October each year thereafter, except the first election 
which may be holden on any Monday, ten days' previous 
ni n^wl7"^ '^" ^^"^^"^ by a majority of the stockholders 
of l^eWitt county seminary as now organized under a gen- 
eral ac of incorporation ; and the trustees elected at such 
time shall serve until their successors are elected and 
quahhed It shall be the duty of the secretary at said 
regular election, to give ten days' notice of such election, 
or trustees or other officers, by posting up notices in a 
least three pubic places in the vicinity of said seminary 
givmg notice of the time, place ar,d objects to be voted on 
at said election, and each stockholder shall be entitled to 
eon vote for each share of st.^ck he ma^ own, and the trus- 
tees and their successors, or any three of them, shall preside 



40 



ACADEMIES, COLLEGES, ETC. 



as jndo^es of said election, and shall certify the same, which 
certilicate shall be tiled in the office of tht secretary of the 
board, and when so tiled shall be sufficient evidence in all 
courts and places in this state, of the election and qualifica- 
tion of said board of trustees. Such election shall be by 
ballot, and by a majority of members or stockholders present ; 
but a failure at any time to elect trustees on the day herein 
named, shall not work a forfeiture of this corporation, and 
in case of such failure, all qualified trustees shall hold their 
office until their successors are elected and qualified. 

Property ex- § 1*^- ^^1 property of whatever kind and description 

ItrJn^'*^'" *'*''' belonging or appertaining to said seminary shall be and 

forever remain free and exempt from all taxation for any 

and all purposes whatever, the amount of property so 

exempt, not to exceed fifty thousand dollars. 

Trustees may § 11. The board of trustees are hereby vested with 
orrow money ^^^^^ power to borrow money not to exceed ten thousand 
dollars, for the purposes of purchasing seminary grounds, 
erecting buildings, and making other necessary improve- 
ments, at a rate of interest not exceeding ten per centum 
per annum, payable in such manner as may be agreed upon, 
and execute their notes, bonds or obligations therefor; and 
shall likewise, have full power to purchase or lease sites or 
grounds, for the erection of buildings for school purposes, 
upon credit ; and execute in their corporate name, contracts, 
bonds or obligations, for the payment of the same, and may 
rent buildings for school purposes, and bind themselves for 
the rent, in the same manner as prescribed above, and all 
such contracts, bonds or obligations, mentioned in this 
section, shall be signed by the president and clerk of said 
board, and registered by the treasurer, and shall be binding 
upon said trustees, and it shall be the duty ot the said board 
to provide for the payment of the same, and the interest 
thereon, as it becomes due, and no vote of the stockholders 
of said seminary shall be necessary to authorize said board 
to locate a site or sites, to erect, purchase or change a school 
building or buildings, or repaii- the same, or for the purpose 
of keeping open and maintaining schools, for any number 
of months in the year; or to authorize said board to do any- 
thing authorized or required of it in this act. 

stockholders to § 12. Any person holding one or more shares of said 

'^°*®' stock, shall be a member of this corporation, and entitled 

to one vote for each share of stock by him held, on which 
all installments required by said trustees, shall have been 
paid. Each stockholder sending ]>upils to said institution, 
shall be allowed a deduction of ten per cent., annually, from 
the established prices of tuition, to be deducted pro rata, 
from the tuition of eaeli term. Said stockholders shall be 
also, entitled to such divideiuls on their stock, as the trus- 
tees may from time to time declare thereon. 



AGRICULTURAL SOCIETIES, ETC. 41 

S 13. The corporation heretofore organized as the De ^^'^ institution 

__? , . ^ 1 ii 11- ,. merged in the 

Witt county seminary, under the general law incorporating new one. 
academies and seminaries, passed March 3, 1845, and its 
amendments, is by consent of the officers and stockholders 
of said DeWitt county seminary, merged in the corporation 
created by this act, and all property, personal, mixed and 
real, moneys, claims and rights of action, and stock sub- 
scribed to said DeWitt county seminary, organized as afore- 
said, shall become the property, personal, mixed and real, 
moneys, claims and rights of action, choses in action and 
stock subscribed of the corporation organized by this act, 
so soon as the president and trustees of said corporation 
organized as aforesaid, shall file in the Recorder's office of 
DeWitt county, Illinois, a written transfer of said property, 
personal, mixed and real, money, claims and rights of action, 
choses in action and stock subscribed to the corporation 
organized by this act ; which transfer shall vest in the new 
corporation said property above described, to the same 
extent that the same was vested in the old corporation. 

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

Approved March 8, 1867. 



AN ACT to incorporate the Boone County Agricultural Society, In force Janua- 

ry 30, 1867. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ rejpiesented in the General Assembly^ That Luther 
W. Lawrence, Edward E. Moss, Asher E. Jenner, George ccrporaiois. 
W. Downs, J. H. Fitch, Ezra May, Charles Wyman, S. A. 
Ellsworth, George Eeed, H. E. Fox, George Sands and 
J. S. Blodgett, and such persons as are or may hereafter be- 
come members of the Boone County Agricultural Society, 
from and after the passage of this act, shall be and are 
hereby constituted a body corporate and politic, by the 
name and style aforesaid ; and by that name they and their Name and style 
successors shall have succession, and shall in law be capa- 
ble of contracting and being contracted with, of suing and powere. 
being sued, of pleading and being impleaded, prosecuting 
and defending, in all manner of actions, in law or in equity ; 
and by that name and style be capable in law of purchasing 
or receiving, by gift or otherwise, holding and conveying, 
real and personal estate, for the benefit of the said corpora- 
tion ; may have a common seal, and alter the same at their 
pleasure ; may make such constitutions, regulations and by- 
laws as may be requisite for its government and for carry- 
ing out the obiects of said corporation. 
Vol. 1-4 



42 



Objects. 



Constitution 
and by-laws. 



Vested proper- 
ty. 



Legal titles. 



Conveyances. 



ProTiso. 



Powers and 
privileges. 



AGEIOULTURAL SOCIETrES, ETC. 

§ 2. The objects of said society shall be to advance the 
interests and encourage the improvement of agriculture and 
mechanics. 

§ 3. The constitution and by-laws of the society or asso- 
ciation now known as the " Boone County Agricultural 
Society," now in force, shall govern the corporation hereby 
created until regularly altered or repealed by the society; 
and the present officers ot the said society or association 
shall be the officers of the corporation hereby created until 
their respective terms of office shall expire or be vacated ; 
and all the acts and proceedings of said society or associa- 
tion, done or had, are and the same are hereby declared 
valid ; and all purchases made by said society or association, 
or conveyances, are hereby confirmed ; and all property, 
real and personal, now owned by said society or association, 
is hereby declared vested in the coi poration hereby created. 

§ 4. The legal title to all real and personal property 
now owned by or which may hereafter belong to said society 
or association shall be vested in the board of directors of 
said society and their successors ; and all conveyances of 
real estate, now or hereafter owned by said society, shall be 
signed by the president and secretary and sealed with the 
corporate seal of said society : Provided^ however^ that no 
sale shall be made or conveyance executed by said president 
and secretary without an order first made for such sale and 
conveyance by the board of directors of said society. 

§ 5. Said society shall have, possess and exercise all the 
powers, rights, privileges, immunities and franchises, now 
or anytime possessed or which may hereafter be enjoyed or 
possessed by any other society organized or which may 
hereafter be organized for similar purposes, under any gen- 
eral or special laws of this state. 

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

Approved January 30, 1867. 



InforooFeb.18. 

1867. 



Corporators. 



Object. 



AN ACT to incorporate the Alton Horticultural Society. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That John 
M. Pearson, David E. Brown, Henry G. McPike, James E. 
Starr and B. F. Long, officers, and their associates, mem- 
bers of "The Alton Horticultural Society," be and are 
hereby declared to be a body politic and corporate, under 
that name and style. 

§ 2. The object of the society being to advance the 
theory and practice of horticulture, they shall be allowed, 



AGKICULTCTRAL SOCIETIES, ETC. 4I 

for these purposes only, to acquire and hold real and per- 
sonal estate to the amount of fifty thousand dollars. 

§ 3. This society shall have power to contract and be Powers, 
contracted with, to sue and be sued, to plead and be im- 
pleaded, to answer and be answered unto, in all the courts 
of law and equity of this state ; and shall further enjoy all 
the privileges incident to corporations of said character, and 
not inconsistent with the laws of this state. 

§ 4. It shall and may be lawful for said corporation to common seal, 
have and use a common seal, and the same, at their pleas- 
ure, to change, alter and make anew ; and, in general, have 
and exercise all such rights, privileges and immunities as 
by law are incident to or necessary to the society herein 
constituted. 

§ 5. The society shall have power to alter or amend constitution 
their present constitution, to make, alter or repeal such by- ™»ybe altered 
laws as may be deemed necessary for carrying out the 
objects of the society. 

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

Appkoved February 18, 1867. 



AN ACT to amend au act entitled "An act to incorporate and legalize the in force Feb. 21. 
incorporation of the Macon County Agricultural Society," approved Feb- 1S67. 

ruary 15, 1865. 

Section 1. Be it enacted hy the Peojple of the State of 
Illinois^ represented in the General Assembly, That the 
fourth section of the act to which this act is an amendment be 
amended by adding the following, viz : "And that said 
society shall have power to prohibit the carrying of passen- Power.'^, etc. 
gers and persons, as well as merchandise and provisions, 
implements or other articles, to and from the grounds of 
said society, without a license from it for such purpose, 
under a penalty of not more than ten dollars for each of- .Amount of pen. 
fense, to be recovered by action of debt, before any justice '*''^'' 
of the peace of said county of Macon." 

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

Approved February 21, 1867. 



AN ACT to amend an act entitled "An act to incorporate the McLean In force Feb.2i, 
County Agricultural Society," approved February 12, 1853. '^^^'^^ 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly, That a meet- 



44 



AGKICULTUEAL SOCIETIES, ETC. 



Time of meet- ing of the members of this corporation shall be held on the 
lofs?^ *'°'^°'^*' second day of each annual fair, at one o'clock p. m., for the 
purjDose of electing a president, two vice presidents, a sec- 
FJection of offi- rctary, and a treasurer, who shall, respectively, hold their 
cers, etc. officcs for One year, from and after the first Monday of 
November following, until their successors are elected ; and 
the said officers, so elected, shall be a standing board of 
Powers, etc. directors, with full power and authority to do all acts and 
deeds necessary to promote the interest of the association, 
and to carry into effect the provisions and objects of this act. 
§ 2. The president shall have power to appoint an ad- 
visory committee, of not less than four or more than seven, 
who shall have such powers and perform such duties as 
shall be designated by the by-laws of said society. 

§ 3. All acts and amendments contrary to above are 
hereby repealed. 

This act to take effect from and after its passage. 
Approved February 21, 1867. 



Duties of Pres 
dent. 



Contrary 
vepealed 



force Feb. AN ACT to incorporate the Adams County Agricultural and Horticultural 
22, 1867. Association, 



Section 1. Be it enacted hy the People qf the State of 
Illinois, represented in the General Assembly, That James 

Corporators. H. Singletou, A. J. F. Prevost, J. H. Miller, J. J. S. 
Wilson, S. B. Turner, J. H. Stewart, Clark Chatten, 
K. K. Jones, Benjamin Burrows, John Aton, Maitland 
Boon, Frederic Boyd, E. G. Baldwin, Emerson M. Miller, 
Henry Koot, S. B. Chittenden, P. G. Corkins, F. W. 
Jansen, A. E. Bowles, E. H. Hurlbut, E. A. Dudley, 
Perry Alexander, Maurice Kelley, Edgar R. Morris, Wil- 
liam Smith, A. I. Griffith, Eli Selborn, Samuel M. Sturgiss, 
James H. Hendrickson and Thomas Redmond, and their 
associates and successors, are hereby constituted a body cor- 

Name. poratc and politic, by the name and style of " The Adams 

County Agricultural and Horticultural Association," and 
by that name and style shall have perpetual succession, 
with power to contract and be contracted with, receive do- ^ 
nations of money and property of any kind, to sue and be 
sued, plead and be impleaded, answer and be answered 
unto, defend and be defended in all courts and places, and 
in all matters whatsoever ; and shall in like manner have 
authority to have and use a common seal, and to alter the 
same at pleasure, and to make, ordain, establish and put in 
execution such by-laws, ordinances, rules, regulations and 
constitution as shall be proper and necessary to the govern- 
ment of said association and the management of its affairs. 
Said corporation, by its name and stylo as aforesaid, shall 



AGRICULTURAL SOCIETIES, ETC. 45 

have power to purchase and hold any quantity of land, not Powers and 
exceedin^o; eighty acres, outside of the corporate limits of p'''^''*^s^''- 
the city of Quincy, and may mortgage, sell, lease, rent or 
dispose of the same, at pleasure. And said corporation 
shall have power to make, own, erect and use such inclosures 
and improvements on such land as shall be calculated and 
suitable for furthering the objects and interests of said cor- 
poration, and may enjoy said real estate, tree from taxation, 
including improvements, as long as the same shall be held 
and used for the purposes of this association. 

§ 2. The capital stock of said company shall be any capital stock. 
amount not exceeding one hundred thousand dollars, to be 
divided into shares of lifty dollars each. Each share shall 
entitle the holder to one vote, which may be cast in person 
or by proxy. 

§ 8. . The said company shall be managed by a board of organization. 
directors, one of whom shall be president, to be elected by 
the board, which board shall consist of thirteen members, 
to be elected by the stockholders at such time or times as 
may be determined by the by-laws of said company. The 
corporators named in the first section of this act, shall be 
the first board of directors, and shall hold their offices until 
their successors are elected and qualified. The directors 
shall have the power to employ all such officers, agents and 
laborers as they may deem necessary to carry on their 
business. A majority of the directors shall constitute a 
quorum. 

§ 4. Books for subscription for stock shall be opened at Books for sub- 
such times and places within the county of Adams, and opened!^ *° 
state of Illinois, as the corporators or board of directors may 
prescribe. In case of the non-payment of the stock, or any 
part of the same, the corporation shall have the power to Non-paj'ment ^ 
forfeit said shares which may not be paid up, and sue for 
delinquent payments. The objects of said corporation are objects. 
to give encouragement to and promote the best interests of 
agriculture, horticulture and manufactures. 

§ 5. Said association shall have the power to pass all Rules, by-iaws 
necessary rules and regulations, as well as by-laws, for the 
suppression of riotous or other disorderly conduct, and for 
the regulation of the general police of their fairs, and those 
held on the grounds of said corporation, and all tines and 
forfeitures that shall be declared by any rule, regulation or 
by-law of said corporation, as consequent upon a violation 
thereof, may be enforced by any justice of the peace of said 
county, by action of debt, in a summary manner, upon com- 
plaint of the president, director or any officer of said corpo- 
ration, said justice hereby having power to bring to trial ,p , , ^ 
forthwith such ofi'ender or ofienders ; and for the purpose era. ° 
of securing good conduct and order as well as behavior, 
during the holding of any fair of said corporation, or at any 
other time, when said grounds may be used for public pur- 



46 



Contract for ex 
tension. 



Condemnation 
of propert)'. 



Prohibition 
liquors. 



AGRICULTURAL SOCIETIES, ETC. 

poses, the president or any of the directors or agents, in 
addition to such tine as may be provided for such offense, 
may expel the offender or offenders from the grounds of 
said corporation. 

§ 6. The president and directors shall have power to 
appoint a police force, who shall be authorized and em- 
powered to arrest any and all persons violating any of the 
provisions of said corporation, for the securing of good order, 
and tajje them before any justice of the peace in said county, 
who shall hear and determine the case, and if found guilty 
shall be subject to the penalties imposed by the by-laws of 
said corporation. 

§ 7. Said company shall have the power of contracting 
with any railroad company whose line of road runs into 
the city of Quincy, and also with the Quincy horse railway 
and carrying company, to extend the track of their roads 
to or near the grounds of said company; and said com- 
panies are herel)y, by this act, authorized to build their 
track, tracks or switches of their respective roads up to or 
near the grounds of said company, and to condemn and 
appropriate such grounds, not exceeding one hundred feet 
in width, for said switches or tracks, as is provided for by 
the various laws of the state relating to condemning prop- 
erty and securing the right of way for said road purj^oses. 
f § 8. No spirituous, vinous or malt liquors shall be sold, 
trathcked or disposed of, to be used upon the grounds of 
said corporation or within one mile thereof, unless it be 
within the limits of the city of Quincy, nor shall any show, 
exhibition of man or beast, or other thing or things, for 
money, be held or made upon said grounds or within one 
mile thereof, unless the same be within the limits of the city 
of Quincy, without first obtaining the license and authority 
of the president and directors of the said association, or 
such person as they appoint lor that purpose. 

§ 9. This act is hereby declared to be a public act, and 
shall take effect and be in force from and after its pa 

Approved February 22, 1867. 



In force Feb. 23, 
1867. 



orpor.ators. 



AN ACT to Incorporate the Villa Ridge Horticultural Society. 

Section 1. Be it enacted by the People of the State of 
Illinois^ representcdin the General Ass&tnbly, That (). Edson, 
James II. Grain, A. M. Brown, Joseph Lufkin, Lewis F. 
Grain, M. Ilarnish, A. Gummins, Willis Edson and W. H. 
Ludwick, their associates and successors, members of the 
Yilla Ridge Horticultural Society, of Pulaski county, be and 
arc hereby declared a body politic and corporate, under and 



AGRICULTURAL SOCIETIES, ETC. 

by the name and style of "The Yilla Kidge Horticultural Nameandstyie 
Society." 

§ 2. The object of said society being to promote the objecu. 
science of pomology and the art of horticulture, they shall 
be allowed, for that purpose, to take and hold real and per- 
sonal estate to the amount of ten thousand dollars ($10,000). 

§ 3. This society shall have the right to contract and_ be R's^'^' «tc. 
contracted with, to sue and be sued, to plead and be im- 
pleaded with, in all the courts of law and equity in this 
state, and shall further enjoy all the privileges incident to 
incorporations of said character, not inconsistent with the 
laws of this state. 

§ 4. It shall and may be lawful for said corporation to ^^^JJ"^ p^''' 
have and use a common seal, and the same to change at 
their pleasure, and, in general, to have and exercise all such 
rights, privileges and immunities a!< by law are incident or 
necessary to the society hereby constituted. 

§ 5. The said society shall have power to alter or annul ^^"nd b^-ii 
their present constitution, and make, alter or repeal such 
laws as may be deemed necessary for carrying out the 
objects of the society. 

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

Approved February 23, 1867. 



AN ACT to increase the' powers of the JoDaviess County Agricultural ^° ^25^1867"*^^^ 
Society. ' 

Whereas, the JoDaviess County Agricultural Society, Preamble, 
organized on the seventeenth day of" February, a. d. 1866, 
at Galena, in said county, under the general incorporation 
act, passed February 15, 1855 ; now. 

Section 1. jBe it enacted by the Fe pie of the State of 
Illinois, represented in the General Assen.Vy, That all c^°fi{™«*^°° «*■ 
the rights, privileges and powers acquired by tlie said socio- privileges. 
ty, under and by the said general incorporation act, are 
hereby confirmed and ratified, and, in addition to all such 
rights, privileges and powers, the said society are hereby 
given the following rights, powers and privileges, in addi- 
tion to those conferred on them by said general incorpora- 
tion act of 1855, and their organization thereunder. 

)§ 2- The canitfll Rtonk of the said JoDaviess (yountv Capital stock. 



The capital stock of the said JoDaviess County capital s< 



Agricultural Society may be increased to an amount not to 
exceed twenty-five thousand dollars ($25,0 0.) 

§ 3. The said society is hereby grant d the privilege, indebtedness. 
and authorized to borrow any sum or sums of money, not 
exceeding fifteen thousand dollars, ($15,000), and execute 
and give the obligations or bonds of said society therefor. 



48 



Penalties for 
damage of 
property. 



Government 
and officers. 



AGRICULTURAL SOCIETIES, ETC. 

§ 4. If any person or persons shall willfully, maliciously 
or wantonly turn in any kind of stock in the inclosure of 
said society, or negligently open any gate or tear down any 
fence, or destroy or injure anything, or do any act by 
which said society or their property may be damaged or 
destroyed, he or they, or any person assisting, shall forfeit 
and pay to said society tripple the amount of damages that 
shall be proved before any court having jurisdiction of the 
amount claimed, which may be sued for in the name of 
the society. 

§ 5. The said society shall have power to appoint a 
suitable number of special marshals, whose duty it shall be 
to preserve order during the exhibitions of the society ; 
which marshals, when appointed, are hereby empowered 
and required to arrest and expel from the grounds or bring 
before some justice of the peace of said county all persons 
who shall violate the laws of this state or the rules of said 
society, or disturb the same by violent or disorderly con- 
duct ; and any justice of the peace of said county, before 
whom any such offender may be brought, is hereby required 
and authorized to try the same, and, upon conviction, to 
iniiict the same penalties as are now provided by law 

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

Approved February 25, 1867. 



In force Feb. 25, A.N ACT to amend an act entitled "An act to incorporate the Morgan 
1867. County Agricultural and Mechanical Association. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly, That the 
grounds now owned by the Morgan County Agricultural 
and Mechanical Association, (containing near forty acres,) 
outside the city limits of the town of Jacksonville, shall be 
exempt from state and county taxes, so long as they are 
used for the purposes designated in this charter. 

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

Approved February 25, 1867. 



Grounds ex- 
empt from 
taxation. 



AGKICULTUEAL SOCIETIES, ETC. 49 



AN ACT to incorporate the Illinois Fruit Company. In force March 

7, 186T. 

Section 1. Be it enacted ly the Peojple of the State of 
Illinois^ represented in the General Assembly^ That Thomas corporators. 
Quick, D. W. Munn and C. H. Machin, their associates 
and successors are hereby made a body corporate and poli- 
tic, by the name and style of "The Illinois Fruit Com- 
pany," and as such corporation shall have perpetual succes- 
sion ; may sue and be sued, contract and be contracted 
with, have a common seal, make contracts, and make by- 
laws for the government of their officers and affairs ; and 
have and enjoy all the rights and privileges, and be subject 
to all the liabilities of a body corporate and politic ; and 
the principal office of said company shall be located at Chi- 
cago, Illinois. 

§ 2. The said company are hereby authorized to pur- company may 
chase, hold and occupy so much real" estate as they may °^^'^r«*'««'^t«- 
deem necessary for their business ; and may cultivate and 
improve the same, and plant orchards and raise fruits of all 
kinds ; and may construct, purchase and occupy buildings 
in and about a general fruit business. They may put up 
fruits and vegetables in cans or otherwise, and establish de- 
pots for the sale of their property, and may sell fruit or 
vegetables for others on commission ; they may manufac- 
ture wine and any article for table use, from fruits or veg- 
etables. 

§ 3. The capital stock of said company shall be fifty capital stock 
thousand dollars ^ but the same may be increased at any 
time by vote of the stockholders to one hundred thousand 
dollars. The capital stock shall be subscribed and paid in 
such manner as shall be determined by said company, and 
shall be divided into shares of one hundred dollars each, to 
be deemed personal property, and transferable as such on 
the books of the company. There shall be elected, annu- 
ally, five directors, from the stockholders, who shall have 
the general management of the business and affairs of the 
company ; and the directors may elect other officers and 
appoint agents and employees, and prescribe their duties. 
The directors may, after the organization of said company, 
declare any share of stock forfeited on which there shall re- 
main due and unpaid any installment for the period of sixty 
days after the same shall have been called in or demanded 
by the directors. 

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

Approved March 7, 1867. 



50 



AGRICULTrRAL SOCIETIES, ETC. 



]n force March AN ACT to incorporate "The Northwestern Fertilizing Company." 

Section 1. Be it enacted hy the Feojple of the IState of 
Illinois, represented in the General Assembly, That Chfis- 

corporaiors. tian Walil and Louis Wahl, and John A. Lighthall, their 
successors, associates and assigns, be and they are hereby 
constituted a body politic and corporate, to have continued 
succession and existence for the term of fifty years, and to 
be known as "The Northwestern Fertilizing Company," 
and by that name and style may contract and be contracted 
with, sue and be sued, as a natural person may ; they may 
have and use a common seal ; they shall have power, in 
their corporate name, for the use of said corporation, to pur- 
chase and hold sufficient real estate for the free enjoyment 
of all privileges herein granted, and to make all proper by- 
laws and rules for the government of said corporation. 

Capital stock. § 2. The capital stock of said company shall be fifty 
thousand dollars, with power to increase the same to any 
sum not exceeding two hundred and fifty thousand dollars. 

Organization. § 3, The abovc named persons, or a majority of them, 
may meet at any time after the passage of this act and or- 
ganize said company, on the stock therefor being subscribed 
for to the amount of fifty thousand dollars ; and they may 
issue certificates, and then hold an election for such officers 
as may be created by the by-laws which may be hereafter 
enacted for the government of said company ; which offi- 
cers shall hold their offices for the length of time fixed by 
the said by-laws to be enacted hereafter by the said com- 
pany. Said by-laws may be changed, from time to time, 
as may be provided by said corporation, acting through its 
managers. 

Powers. § 4, Said corporation is hereby authorized and empow- 

ered to establish and maintain chemical and other works at 
the place designated herein, for the purpose of manufac- 
turing and converting dead animals and other animal mat- 
ter into an agricultural fertilizer, and into other chemical 
products, by means of chemical, mechanical and other pro- 



Works to be es- 
tablished in 
Cook county. 



§ 5. Said chemical works shall be established in Cook 
county, Illinois, at any point south of the dividing line be- 
tween townships thirty-seven and thirty-eight. Said corpo- 
ration may establish and maintain depots in the city of Chi- 
cago, in said county, for the purpose of receiving and carrying 
off from and out ( f the said city, any and all offal, dead ani- 
mals, and other animal matter, which they may buy or own, 
or which may be delivered to them by the city authorities 
and other persons. 

§ 6. This act thall take effect and be in force from and 
after its passage. 

Approved Maich 8, 1867. 



ARTESIAN WELLS. 51 

AN ACT to incorporate the Chicago Artesian Well Company. In force March 

Section 1. Be it enacted hy the People of the State of 
Illinois, in General Assembly reptesented, That Abraham corporators. 
F. Croskey, George A. Shufeldt, jr., Henry H. Brown, P. 
W. Gates, Henry Greenbaum, Daniel W. Page, Carlisle 
Mason, Amasa F. Dwight, and William Phillips, and John 
C. W. Bailey, and their associates and successors and 
assigns, are hereby created a body politic and corporate, 
under the name and style of "The Chicago Artesian Well Nameand style. 
Company;" and shall have perpetual succession, and by 
that name they are hereby made capable in law and equity 
to sue and be sued, plead and be impleaded, defend and be 
defended, in any court of law and equity in this state or corporate pow- 
elsewhere; to make, have and use a common seal, and the 
same to renew and alter at pleasure ; and shall be and 
hereby are vested with all powers, privileges and immunities 
which are or may be necessary to carry into effect the pow- 
ers and objects of this act, as hereinafter set forth; and the 
said corporation is hereby authorized and empowered to 
make, bore or construct artesian wells, for water, oil or Business and 
other substances, or to purchase such wells already con- op®''^*'°"*- 
structed ; to use such water for purposes of power and sup- 
ply and for mechanical and chemical purposes, for making 
ice and other substances, and housing, storing and selling 
the same ; applying said water to the manufacture of paper, 
washing wool, tanning skins, and any and all objects for 
which the same may be made available and useful. And 
the said corporation, hereby created, is also authorized and 
empowered to carry on and conduct any mechanical or 
chemical business for which such water, oil or other sub- 
stances may be adapted; and to have and hold real, per- 
sonal and mixed property, for the purposes of their business; 
also all necessary buildings, tools, implements and machine- 
ry; and they may convey or incumber such property, in 
any manner in which they may deem expedient, and may 
purchase any property with the stock of the corporation ; 
and the said corporation may purchase and sell or lease or 
rent real and personal estate, erect and repair buildings, as 
shall be deemed necessary to carry on the business of said 
corporation, and to make their property serviceable and 
valuable. 

§ 2. The capital stock of the said corporation sliall con- capital stock. 
sist of one million dollars, and may be increased, from time 
to time, by the board of directors of said company as 
deemed necessary; which capital stock shall be divided 
into shares of one hundred dollars each. 

§ 3. The government and direction of the said corpora- Directors, 
tion shall be vested in a board of directors, to be chosen 
annually by the stockholders. The first seven above men- 
tioned corporators shall constitute the first board of direc- 



52 • ARTESIAN WELLS. 

Term of office. toFS, and shall hold their office until others shall be duly- 
elected as their successors and enter upon the duties of 
their office, in accordance with the provision of the by-laws 

Quorum. of Said Corporation, A majority of the board of directors 

shall constitute a quorum to transact business. 

President. § 4. The board of directors shall elect one of their 

number president of the corporation, and may appoint such 
other officers and agents as the by-laws may require. 

Vote of stock- § 5. At all meetings of the stockholders each stockholder 

holders. s\i^\[ be entitled to cast one vote for each share of stock 

holden, subject to such general regulations as the by-laws 

Qualified diree- shall provide ; and no person shall be eligible to be elected 

*°"" to the office of director who does not own and hold at least 

ten shares of stock, on which has been paid at least ten per 

Number of. ccut.; and there shall never be more than forty members in 
the directory, the number to be regulated by the by-laws; 
and should it at any time happen that a board of directors 

Failure to elect, shall not be elected at the time fixed by the by-laws said 
corporation shall not for that caase be dissolved, but the old 
board of directors shall hold their office until their succes- 
sors are elected and enter upon the duties of their office ; 
and should the president or any of the directors die, resign 
or be removed from office, refuse to act, or in any way 
become incompetent to act, the board of directors may fill 

Vacancies. any sucli vacaucy, so occasioned, until the next regular 
meeting of the stockholders for the election of officers of 
the corporation, and may, in the absence of the president 
and vice presidents, appoint a president pro tern. 

stock subscrip- § 6. The board of directors may, from time to time, 

*"'""• open and close the books of the corporation for subscrip- 

tions to the capital stock, under such general restrictions 
and conditions as shall be provided in the by-laws and sub- 
scription lists of the corporation; and it shall be lawful for 

Payment of. ^^g board of directors to require payments of the sums 
subscribed to the capital stock at such times and in such 
proportion and on such conditions as they shall deem fit, 
under the penalty of the forfeiture of all previous payments 

Notice of calls thercon — notice for such calls for payments to be in accord- 
ance with the conditions of the subscription list and the 
by-laws of the corporation. 

Loans. § 7. And for the better promoting the business of the 

corporation the board of directors, by the president or other 
agents duly empowered, may negotiate a loan or loans of 
money or credit, to the amount of their capital stock, and 
may pledge the credit and property, real, personal and 
mixed estate, and all its rights, credits and franchises for 
the payment thereof, and may execute promissory notes, 
bonds, mortgages, deeds of trust, and any and all forms of 
vouchers, at any time deemed necessary, and may prepare 

Slaking fund, ^i sinking fund or other means for the payment of the same, 
and do all other necessary and proper acts to promote the 



ARTESIAN WELLS. 53 

general interests of the corporation. And said board of 
directors maj, from time to time, 'adopt and amend all 
necessary by-laws for the regulation of the business of the By-iawa. 
corporation, not in conflict with this act and the laws of the 
land, and rescind them at pleasure. 

§ 8. This act shall be deemed and taken as a public constructioQ of 
act, and shall be construed beneficially for all purposes 
hereinbefore specified or intended, and be in force from and 
after its passage. 

Approved March Y, 1867. 



AN ACT to incorporate the Artesian Water Supply CompanT. In force March 

7, 1867. 

.Section 1. Be it enacted hy the People of the State of 
Illinois, in General Assembly represented. That Abra- 
ham F. Crosky, George A. Shufeldt, jr., Henry H. Brown, corporators 
Henry Greenbaum, John C. W. Bailey, Charles H, Water- 
man, and their associates, successors and assigns, are hereby 
created a body politic and corporate, under the name and 
style of "The Artesian "Water Supply Company;" and Name and style 
shall have succession, a common seal, power to sue and be 
sued, plead and be impleaded in any court in this State or ^°g'jP°''^*® p°^^ 
elsewhere ; to appoint all necessary officers, servants, and 
assistants, and may have and enjoy and exercise all the 
powers necessary to carry out and execute the business, 
purposes and interests of furnishing water from artesian 
wells, for power, for domestic uses, and for all purposes for 
which such water is adapted or can be used ; and to have 
and hold real, personal and mixed property, for the purpo- 
ses of their business, also all necessary buildyigs, tools, 
implements and machinery, and they may convey or 
incumber such property in any manner in which they may 
deem expedient ; and may purchase any property with the 
stock of the corporation; and the said corporation may 
purchase and sell, or lease or rent, real and personal estate, 
erect and repair buildings, as shall be deemed necessary to 
carry on the business of said corporation, and to make their 
property serviceable and valuable. 

§ 2. Said corporation is hereby authorized, on obtaining Business povr- 
the consent of any town in this State, to be indicated tlle^ ^"''" 
through its supervisors or the commissioners of highways, 
or of any city, on obtaining such consent through its common 
council, to lay down, in or under the streets and public 
highways thereof, pipes for the conveyance and supply of 
water, for the uses and purposes above mentioned ; and 
such pipes, when laid, shall be the property of and under 
the sole control and management of this corporation, and 



54: 



AKTESIAN WELLS. 



'apital stock 



]?oard of direc 
tors. 



Vote of stock 
liolders. 



Eligibility 
directors. 



Vacancy. 



Stock subscrip- 
tion. 



Payment ol 



shall not be interfered with by any person or body whatso- 
ever. 

§ 3. The capital stock of this corporation shall be one 
million of dollars, with authority in the board of directors 
to increase it to three millions, whenever it may be deemed 
expedient, and it shall be divided into shares of one hund- 
red dollars each. 

§ 4. The government, and direction of the said corpora- 
tion shall be vested in a board of directors, to be chosen 
annually by the stockholders. The first five above-men- 
tioned corporators shall constitute the first board of directors, 
and shall hold their office until others shall be duly elected 
as their successors and enter upon the duties of their bflice, 
in accordance with the provisions of the by-laws of said 
corporation. A majority of the board of directors shall 
constitute a quorum to transact business. 

§ 6. The board of directors shall elect one of their 
number president of the corporation, and may appoint such 
other officers and agents as the by-laws may require. 

§ 6. At all meetings of the stockholders, each stock- 
holder shall be entitled to cast one vote for each share of 
stock holden, subject to such general regulations as the by- 
laws shall provide; and no person shall*be eligible to be elected 
of to the office of director who does not own and hold at least 
ten shares of stock, on which has been paid at least ten per 
cent. ; and there shall never be more than ten members in the 
directory, the number to be regulated by the by-laws ; and 
should it at any time happen that aboard of directors shall not 
be elected at the time fixed by the by-laws, said corporation 
shall not for that cause be dissolved, but the old board of 
. directors shall hold their office until their successors are 
elected and enter upon the duties of their office ; and should 
the president or any of the directors die, or be removed 
from oflic^, refuse to act, or in any way become incompe- 
tent to act, the board of directors may fill any such vacancy, 
so occasioned, until the next regular meeting of the stock- 
holders for the election of officers of the corporation, and 
may, in the absence of the president and vice-president xyro 
tern. 

§Y. The board of directors may, from time to time, 
open and close the books of the corporation for subscriptions 
to the capital stock, under such general restrictions and 
conditions as shall be provided in the by-laws and subscrip- 
tion lists of the corporation ; and it shall be lawful for the 
board of directors to require payments of the sums sub- 
scribed to the capital stock, at such time and in such 
proportion and on such conditions as they shall deem tit, 
under the penalty of the forfeiture of all previous payments 
thereon. Notice for such calls for payments to be in 
accordance with the conditions of the subscription list and 
the by-laws of the corporation. 



AVENUES. 55 

§ 8. And, for the better promoting the business of the indehteduess. 
corporation, the board of directors, by the president or other 
agents duly empowered, may negotiate a loan or loans of 
money or credit to the amount of their capital stock, and 
may pledge the credit and property, real, personal and 
mixed estate, and all its rights, credits and franchises for 
the payment thereof, and may execute promissory notes, 
bonds, mortgages, deeds of trust, and any and all forms of 
vouchers, at any time deemed necessary ; and may prepare 
a sinking fund or other means for the payment of thp same ; 
and do all other necessary and proper acts to promote the 
general interest of the corporation. And said board of 
directors may, from time to time, adopt and amend all 
necessary by-laws, for the regulation of the business of the 
corporation, not in conflict with this act and the laws of the 
land, and rescind them at pleasure. 

§ 9. This act shall be deemed and taken as a public act, constiuctiou of 
and shall be construed beneficially for all purposes herein- ^^^' 
before specified or intended, and be in force from and after 
its passage. 

Approved March 7, 1867. 



AN ACT to vacate certain avenuea traversing the south-east quarter of in force Fel.i-u- 
section twenty-four (24) in township one (1) south of range nine (9) west ary2S, 186T. 
of the fourth principal meridian, in Adams County, Illinois. 

Section 1. Be it enaeted by the People of the State of 
Illinois, represented in the General Assembly, That all 
the avenues traversing the south-east quarter of section 
twenty-four (24) in township one (1) south of the base line, 
range nine (9) west of the fourth principal meridian in 
Adams county, State of Illinois, according to the plat and 
survey thereof, made in the name of C. A, Savage, dated 
September Ist, a, d. 1855, and duly recorded in record of 
plats of said county, on page eleven, December 7th, 1855, 
be, and the same are hereby vacated, 

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

Approved February 28, 1867. 



56 



BANKING INSTITUTIONS, ETC. 



m force Feb. 
21, 18«7. 



Corporators. 



Powers, etc. 



Amount ot capi- 
tal stock. 



Indebtedness. 



Time of organi- 
zation. 



By-laws, regula- 
tions, etc. 



May loan mon- 
ey. 



Rates of mter- 
est. 



Time of loans. 



AN ACT to incorporate the Bond County Trust and Loan Company. 

Section 1 , Be it enacted by the People of the State of 
Illinois^ represented in the General Assembly^ That William 
S. Smith, J . B. Hunter, J. D. Lansing and W. S. Smith, jr., 
and their associates and successors be and hereby are incor- 
porated under the name and style of "The Bond Comity 
Trust and Loan Company," and shall have succession, a 
common seal, with the power to plead and be impleaded, 
to appoint all necessary servants and assistants ; and may 
have, enjoy and exercise all the powers necessary to carry 
out and execute the purposes and intent of a loan and trust 
company ; and shall be capable in law of taking, purcha 
sing and holding, leasing, selling and conveying all real es- 
tate, personal property or mixed property, so far as the 
same may be necessary to the full enjoyment of all the 
rights and privileges granted by this charter. 

§ 2. The capital stock of said company shall be one hun- 
dred thousand dollars, to be divided into shares of one hun- 
dred dollars each, which shall be deemed personal property, 
and shall be transferable on the books of the said company 
in such manner as its by-laws may prescribe ; it shall have 
the power of borrowing money on its own notes, or other- 
wise, not exceeding the amount of its capital stock. 

§ 3. When twenty -five thousand dollars of its capital 
stock shall have been duly subscribed, and five thousand 
dollars actually ])aid in, the stockholders may organize and 
proceed to business under this charter. 

§ 4. The government of the company shall be vested 
in such number of directors as its stockholders, by their by- 
laws, may determine, to consist of at least three of their 
number ; said directors to be chosen annually by the stock- 
holders, as may be required by the by-laws of said com- 
pany, and such board shall choose one of its number their 
president, and such other officers as may be deemed ne- 
cessary. 

§ 5. The stockholders of said company shall and may, 
from time to time, establish such by-laws, rules and regula- 
tions for conducting the business of said company as they 
may deem necessary and proper. 

§ 6. Said company may loan on all goods and chattels 
and property ottered embraced within its rules and regula- 
tions, provided such loan shall not exceed two-thirds of the 
value of such goods, chattels and property, so ottered as 
aforesaid. 

§ 7. The charge for interest on all loans shall not exceed 
ten per centum per annum. 

§ 8. All loans shall be for a fixed period of time, not 
exceeding one year, and the borrower shall have a right to 
redeem his property, pledged at any time during the speci- 
fied period, on payment of the loan and compensation 



BANKING INSTITUTIONS, ETC. gY 

§ 9. If the property pledged be not redeemed within 



agreed upon, together with all charges for storage, insu- 
rance, or otherwise. 



the specified time, the same shall be sold at public auction, prop^erty. 
by giving ten days' notice, and the net surplus (after payino- 
amount of loan, compensation, charges for storage, insu- 
rance, etc.,) shall be held ninety days for the owner, and if 
not then called for, the same shall go into a fund for the 
year, called the "profit and loss fund/' from which fund all Profit and loss 
losses from failure of title or other cause shall be satisfied. ^""d. 

§ 10. The company shall give to each borrower a cardj 
subscribed with the name of the company, a description of 
the article or articles pledged, the name of the borrower, Articles pledged 
the amount of the loan, the rate of compensation, the 
charge for storage, commission and insurance, the date when 
made, and the page of the book where recorded. 

§ 11. The company shall insure all property pledged to 
two-thirds of the appraised value thereof, and in the^ event IZ'^iLW 
of loss or damage by fire, shall be responsible to that extent 
and no more, to the owner or owners of said property. 

§ 12. No stockholder shall be held liable for the debts stockholders 
or other liabilities of the company beyond the amount of debts'"'^^^ ^""^ 
stock for which he may have subscribed. 

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

Approved February 21, 1867. 



AN ACT to incorporate the Henderson Loan and Real Estate Association. ^ ^ree Ftf,. 28, 

Section 1. Be it enacted hy the People of the State of 
i^fow^ represented in the General Assembly, That George 
H. HaUiday, Thaddeus L. Loomis, John A. Chesnut, William 
A. Kobertson, John M. Woodson, John T. Henderson and 
1*1 \^' ^°<^^^son, their asssociates, heirs and assigns, and 
all such persons as shall become stockholders in the corpo- 
ration hereby created, and their successors, shall be a body 
politic and corporate, by the name and style of "The Hen- Nameand.^ie 
derson Loan and and Real Estate Association," and shall ""'*"''^'' 
have a common seal, power to plead and be impleaded, to 
have^ and exercise powers incident to corporate bodies, to 
appoint aU necessary officers, servants and assistants, and 
lUinSs ^^ ^^e city of Carlinville, in Macoupin cointy, 

§ 2. A majority of the corporators herein named, may subscriptions 
proceed to open books for subscription, to the stock of said '"'"^'^'°'^- 
company, and shall at the same time, or thereafter, designate 
a time and place for the first election of directors of said 
Vol. J..--5 



58 BANKING INSTITUTIONS, ETCK 

company, bj parties subscribing to the stock thereof, and 
each share of stock so subscribed for, shall be entitled to 
one vote. 
Capital stock. § 3. The Capital stock of said company shall be one 
hundred thousand dollars, with power to increase the same 
to five hundred thousand dollars, to be subscribed and paid 
for in the manner prescribed by the by-laws to be formed 
by said company, and shall be divided into shares of one 
hundred dollars each, which shall be deemed personal pro- 
perty and shall be transferable on the books of said company 
. in such a manner as the by-laws of said company may 
provide. 
ladebtedness. § 4:. The Said Corporation shall have power to borrow 
money and to receive money on deposit, and pay interest 
thereon, and to loan money, either witliin or without this 
state, at any rate of interest not exceeding that now, or 
hereafter allowed by law to private individuals, and to 
discount loans, and in computation of time thirty days shall 
be a month, and twelve months a year ; and to make such 
loan payable either within or without this state ; and to take 
such securities therefor, real or personal or both as the 
directors or managers of said corporation shall deem suffi- 
cient, and may secure the payment of such loans by deeds 
of trust, mortgages or other securities, either within or 
without this state ; may buy and sell negotiable paper, and 
other securities; may open and establish a real estate 
agency ; may purchase and sell real estate ; and shall have 
the power to convey the same in any mode prescribed by 
the by-laws of such corporation ; may accept and execute 
all such trusts whether fiduciary or otherv/ise, as shall or 
may be committed to it by any person or persons, or by 
• the order or direction of any court or tribunal, or other 

legally constituted authority of the state of Illinois, or of 
the United States or elsewhere; may make such special 
regulations in reference to trust funds or deposits, left for 
accumulation or safe keeping, as shall be agreed upon 
with the depositors or parties interested, for the purpose of 
accumulating or increasing the same ; may issue letters of 
credit and other commercial obligations, not, however, to 
circulate as money ; and may secure the payment of any 
loans made to said company, in any way the directors may 
prescribe. 
Privileges of § 5. Married w^omen and minors may, in their own name 
Sea 'Ind mt subscribc for stock and deposit money with said corpora- 
tiors. tion, and receive certificates of stock and of deposits in their 

own names, which stock and deposits shall be subject to 
their disposal and order only. 
^propI?ty? °^ § ^- ^^ ^^y ^^ lawful for the company hereby incor- 
porated, to purchase and hold such real estate as may be 
convenient and useful in the transaction of its business not 
only, but to take and hold any real estate in trust or other- 



BANKING INSTITUTIONS, ETC. 59 

wise, as security for, or in payment of loans or debts due 
or to become due to said company ; to bid for and purchase 
real estate at any sale, whether made in virtue or on account 
of any loan or mortgage or trust, made to or held by or for 
said company, or in which it is interested or otherwise ; and 
to receive and take in satisfaction of any loan or debt, any 
real or personal estate, and to hold, use, improve, lease and 
convey the same. 

§ 7". The affairs of the company shall be managed by nirecters. 
a board of directors, at least three in number. After the 
first election as herein provided, the directors shall be 
elected by the stockholders, at such time and place, and in 
such manner as shall be established by the by-laws of said 
company. The directors of said company shall be elected 
annually, but any failure or omission to elect directors shall 
in no wise impair or affect the rights and powers of directors 
holding over, or the rights or interests of the stockholders, 
depositors or others interested. 

§ 8. The directors shall have the right to form by-laws By-iaws. 
for the appointment of other ofhcers, agents and others 
necessary for the company's service, and for regulating 
their own proceedings and the company's operations however 
not inconsistent with the constitution of the United States 
or of this state. 

§ 9. The directors shall also have the right in case any Forfeitures. 
stockholder shall fail to pay any installment for thirty days 
after a call therefor to declare the stock of such stockholders 
so in arrears, forfeited to the company, together with the 
sums already paid thereon, or at their option, sue for and Dividendg. 
recover the entire amount of subscription remaining unpaid ; 
and shall have the right to declare dividends out of the 
earnings of said company, '^ 

§ 10. The stockholders herein shall be responsive in ^fl^o^kSdSi 
their individual property in double the amount of their 
stocks, to make good all losses to depositors ; and no assign- 
ment of their stock shall release them from said liability, 
until after the fact of such assignment and the name of the 
person to whom made, and the amount of said stock, shall 
have been advertised in some public newspaper, printed in 
the county of Macoupin, for the period of three months. 

§ 11. Until the sum of five thousand dollars shall have org«iizatioD. 
actually been paid in on subscription to the capital stock, 
the company shall not commence, and this act shall be void 
unless said company shall organize and proceed to business 
within two years after the passage hereof. The said com- 
pany shall be subject to the provisions of any general law 
hereafter passed on the subject of banking, trust and deposit 
companies. 

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

Appeoved February 28, 1867. 



60 



BANKma INSTITUTIONS, BTC. 



In force Pelsru- 
ary 28, 186T. 



Name and style, 



Capital stock, 



Looationofprin 
cipal office. 



Business 
affairs. 



- AN ACT to incorporate the Dollar Savings Association of Cairo. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the G-eneral Assembly^ That John 
"W. Trover, Fredoline Bross, Charles Galigher, Patrick H. 
Pope, Joseph B. Cleaver, Henry "Watson Webb, Daniel W. 
Munn, and Charles R. Woodward, and their associates, 
successors and assigns are hereby created a body corporate 
and politic under the name and style of "The Dollar 
Savings Association of Cairo," with perpetual succession, 
and by that name and style be and they are hereby made 
capable in law or equity, to sue and be sued, plead and be 
impleaded, defend and be defended in any court of law and 
equity in this state ; to make and use a common seal, may 
renew or alter the same at pleasure, and shall be and are 
hereby vested with all the powers, privileges and immuni- 
ties which are or may be necessary to carry into effect the 
purposes and objects of this act as are hereinafter set forth, 
and said association may take and receive goods, wares, 
merchandize, personal property and effects of every kind 
and description, in pledge for the repayment and security 
of money loaned or advanced on any such property ; may 
make and enforce by-laws and rules for the government o* 
the officers and agents of said association ; may make and 
enter into agreements for the lending and advancing of 
money on a pledge or pledges of personal property and 
effects ; may provide rules and regulations for the forfeiture 
and sale of property and effects pledged to said association ; 
may purchase, take and hold real estate and sell and dis- 
pose of the same, and may take security on real estate in 
form of mortgage or deed of trust to secure the payment 
of any debt or money due said association ; may receive 
deposits of money or valuables on such terms as may be 
agreed upon with the parties making the deposit, and may 
take and receive deposits of money or valuables for married 
women in their own proper names and for the sole and 
separate benefit of such married women, their heirs or 
assigns. 

§ 2. The capital stock of said association shall not be 
less than fifty thousand dollars, with authority in the board 
of directors by a majority vote, to increase it to any sum 
not exceeding five hundred thousand dollars. The capital 
stock shall be divided into shares of one hundred dollars 
each, which stock shall be transferable on the books of said 
association in such manner as the directors may by by-laws 
provide. 

§ 3. The principal or chief office for the transaction of 
the business of said association shall be in the city of Cairo, 
*md Alexander county, and its business affairs and property 
shall be managed and conducted by a board of five direc- 
tors chosen annually by the stockholders who may vote at 



BANKING INSTITUTIONS, ETC. 61 

any election for directors in person or by proxy, and each 
sto'ckholder shall be entitled to one vote for each share of 
stock held by hira at the time of such election, and a ma- 
jority of all the votes shall constitute a choice. No person ^^ 
shall be eligible for a director who is not the holder in his 
own right of at least ten shares of the stock of said associa- 
tion at the time of election, and no transfer of stock of said 
association shall be made on its books within forty days next 
preceding any election for directors. 

§ 4. The corporators named in the first section o± this ^1°^^ subscrip- 
act, or a majority of them, may cause books to be opened 
in the city of Cairo, county @f Alexander, for the subscrip- 
tion of stock in said association, after giving thirty days' 
notice of the time and place of opening of such books, in 
at least one of the pubhc newspapers published in said city. 
Every person at the time of subscribing for such stock shall 
pay to the corporators opening such books of subscription, 
ten dollars on each share subscribed, and the remainder 
shall be paid in such payments and at such times as the 
board of directors by resolution or by-laws may order or 
direct. The money paid to the corporators who shall open 
books of subscription as aforesaid shall be accounted for 
and paid over to the directors as soon as the board is duly 
organized. As soon as two hundred shares of stock shall 
be subscribed it shall be lawful for the subscribers to the 
stock to organize and elect the first board of directors in 
conformity with the provisions of this act and the first board ' 

of directors shall hold their ofiices until the first Monday in 
January next succeeding such first election, and every sub- 
sequent election for directors shall be held on the first 
Monday in every year, provided that if for any cause an 
annual election shall fail to be held on the first Monday in 
January in any year, the board of directors may order an 
election at a subsequent day. And ^7wided, further, 
that the directors elected at any election shall hold their 
offices and be authorized to act as directors until their suc- 
cessors are elected and qualified. 

§ 5. The directors shall ordain and establish the condi- Possession of 
tions and terms on which said association will receive per- erty.°°* ^^°^'' 
sonal property and efiects in pledge, and make loans or 
advances of money thereon, and at the time of receiving 
any property or effects in pledge under the provisions of 
this act, it shall be the duty of the directors to cause to be 
delivered to the person or persons or corporation making 
such pledges a written or printed statement of the terms 
and conditions on which such pledge is made and received, 
and when and how such property may be redeemed, and 
the penalty in case the property is not redeemed within the 
time specified, which statement shall be signed by the pres- 
ident or cashier of said association and its seal affixed 
thereto. 



62 



BANKING INSTITUTIONS, ETC. 



Sale of property 



Liabilities of 
stockholders. 



§ 6. It shall not be lawful for said association to accept 
or receive for the advance or loan of any sum of money 
secured by pledge of personal property an interest exceed- 
ing ten per cent, per annum on the sum advanced or loaned, 
but said association may receive such interest in advai^e or 
by way of discount ia the manner that discounts are usually 
made by banks of discount and deposit. 

§ Y. After the time for redeeming any property or 
effects pledged to said association shall have elapsed and 
the same be not fully redeemed it shall be lawful for said 
association to caue-e such pledged property to be sold at 
public vendue to the highest bidder for cash, first giving 
three days' public notice in some newspaper published in 
the city of Cairo, of the time and place of such sale and of 
the property to be sold and out of the proceeds shall be 
paid, first, the cost and expenses of such sale, second, th6 
amount due the association, and third, the residue, if any, 
shall go to the pledger or his or her legal representatives : 
Provided^ however^ that said association may sell and dis- 
pose of any property pledged after the time for redemption 
shall have passed in all cases without previous notice or 
advertisement when the amount advanced or loaned on such 
property shall not exceed the sum of two hundred dollars. 
The stockholders herein shall be responsible, in their indi- 
vidual property, in double the amount of their stock, to make 
good all losses to depositors or others, and no assignment of 
their stock shall release them from said liability until after 
the fact of such assignment and name of the person to whom 
made and the amount ot said stock shall have been adver- 
tised in some public newspaper printed in the county wiiere 
this corporation is doing business and located for the period 
of three months. This act shall be void unless said com- 
pany shall organize and proceed to business within two 
years after the passage hereof. The said company shall be 
subject to the provisions of any general law hereafter passed 
on the subject of banking, trust or deposit companies. 

§ 8. This act shall continue in force as provided and 
take effect on and after its passage. 

Approved February 28, 1867. 



In force Febru- 
ary 26, 1S67. ' 



Corporators. 



AX ACT to incorporate the Springfield Savings Bank. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly, That Samuel 
H. Melvin, John A. Chesnut, Benjamin F. Fox, Rufus S. 
Lord, William M. Springer, Charles A. Helmle, Edward 
L. Baker, John S. Bradford, R. P. Able, and their asso- 



BANKING INSTITUTIONS, ETC. 63 

ciates and successors, and all such persons as shall become 

stockholders in the corporation hereby created, shall be a 

body politic and corporate, by the name and style of "The Name and style 

Springfield Savings Bank," and shall have succession, a 

common seal, with power to plead and be impleaded, to 

sue and may be sued, to appoint all necessary assistants ; 

and may have, enjoy and exercise all the powers necessary Powers. 

to carry out and execute all the purposes and intents of a 

savings, loan and trust corporation. 

§ 2. The general business and object of this corporation ^ortSon^'^'' 
shall be to receive on deposit, or in trust, such sum or sums 
of money as may from time to time be offered therefor, by, 
tradesmen, merchants, clerks, laborers, servants and others, 
to be repaid to such depositors when required, at such 
times, with such interest, and under such regulations as the 
board of directors may from time to time prescribe ; which 
regulations shall be posted up in some conspicuous place in 
the rooms where the business of said corporation shall be 
transacted. 

§ 3. The business of the corporation shall be managed nirectarg. 
by nine directors, and the persons named in section one 
shall be the first directors thereof, and shall so continue un- 
til the first Monday in May, 1868, when their successors 
shall be chosen as hereinafter provided. 

§ 4. The capital stock of said corporation shall be one c»p'*^»^ ^^'"^^■ 
hundred thousand dollars, divided into shares of one hun- 
dred dollars each, payable in such installments as the direc- 
tors may from time to time elect, under such penalties as 
they may in their discretion adopt ; and the directors are ' 
hereby appointed and authorized to superintend the sub- 
scriptions to the capital stock of the corporation ; and it will 
be competent for said directors to commence the business 
of the corporation when the full amount of stock shall have 
been subscribed, and at least ten per cent, of it paid into 
the treasury. 

§ 5. This corporation may loan money at any rate of ^Jbfjgauons"'' 
interest not exceeding ten per cent, per annum, or may dis- 
count, in accordance with bank usage, taking such security 
therefor, either real or personal, as the directors may deem 
sufiicient. Said corporation shall have power to borrow 
money, buy and sell exchange, bullion, bank notes, gov- 
ernment stocks and other securities ; but nothing in this 
act contained shall confer on said corporation the privilege 
of issuing notes similar to bank notes, for the purpose of a 
circulating medium. 

§ 6. It shall be lawful for this corporation to purchase ^pr^oplrty" °^ 
and hold such real estate as may be convenient for the 
transaction of its business, and to take and hold any real 
estate in trust or otherwise, as security for, or in payment 
of any debt or debts due, or to become due to the said 
corporation ; to purchase real estate at any sale made in 



64: BANKING INSTITUTIONS, ETC, 

virtue of any loan, debt or mortgage made to, or held by 
said corporation ; and to receive and take, in whole or ijn] 
part, satisfaction of any such loan or debt, any real estate, 
and to hold and convey the same. 

Election of c^- § 7. The Stockholders of this corporation shall meet on 

^"*" the first Monday in May, 1868, (and annually thereafter,) 

and elect, by ballot, fruuj their number, nine directors, to 
serve for the term ot <'ne year, or until their successors are 
chosen. Each stockholder shall be entitled to one vote for 
every share of stock standing in his or her name on the 
books of the corporation ; and they may vote in person or 
■ by proxy ; the name of each stockholder so voting shall be 
indorsed on the ballot, and a plurality of votes shall elect. 
The directors shall elect annually from their number a 
president, vice president and secretary ; the cashier may be 
selecte<1 from the stockholders by the directors; the direc- 

Bj-iaw», etc. tors sliall make and execute such by-laws as may' be conve- 
nient and necessary for the proper prosecution of the business 
of this corporation, not inconsistent with this act, or with 
the laws of this State or of the United States. 

Increase .f cap- | 8, At any time after the full payment of the original 
stock of one hundred thousand dollars, as hereinbefore pro- 
vided, the directors may increase the capital stock of said 
corporation to any amount not exceeding five hundred 

shareB. thousand dollars, in shares of one hundred dollars each ; 

and said increased stock shall be subject to all the liabili- 
ties, immunities and privileges of the original stock ; stock- 
holders shall have the option of subscribing to such addi- 
tional stock, pro rata, within such time as the directors may 
limit. 

Dspositsby mi- g 9. When any deposit is made to said corporation 
by a minor, or by a female, being, or hereafter becom- 
ing a married woman, the said corporation may pay such 
depositors any sums of money due to them, and their re- 
ceipt or acquittance shall be a legal discharge to said corpo- 
ration therefor. 

stock personal | 10. The stock of this Corporation shall be deemed 
and transfer; p^^g^^^^ property, transferable only on the books of the 
corporation, and no transfer shall be valid while he is in- 
debted to the corporation, 

Te^rm ^of ^exLstr § n, Tliis corporatiou shall exist for the term of fifty 
ration. ^°'^°" years next succeeding the 1st of May, a, d. 1867, and shall 
be entitled to use all its corporate powers, rights and priv- 
ileges for the period of three years thereafter, for the sole 
purpose of closing up its aflairs. The stockholders herein 

Liabilities of shall be responsible in their individual property in double 
stockholders. ^^^^ amouut of their stock to make good all losses to depos- 
itors or others, and no assignment of their stock shall re- 
lease them from said liability until after the fact of such 
assignment and name of the person to whom made, and the 
amount of eaid stock shall have been advertised in some 



nsrs. 



BANKING INSTITUTIONS, ETC. 65 

public newspaper, printed in the county where the corpo- 
ration is doing business and located, for the period of three 
months. This act shall be void unless said company shall organiz»iion. 
organize and proceed to business within two years after 
the passage hereof. The said company shall be subject to 
the provisions of any general law hereafter passed on the 
subject of banking, trust or deposit companies. 

§ 12. This act shall be deemed a public act, of which ^jf^^^oftncl?- 
all courts and magistrates shall officially take notice, and poration. 
shall take effect on and after its passage. 

Approved February 28, 1867. 



AN ACT to incorporate the La Salle County Savings, Loan and Trust Jn force March 
Company. ^' ^^®^- 

Section 1. Be it enacted ly the People of the State of 
Illinois, represented in the General Assembly, That George 
H. Yorris, John F. Nash, Dwight F. Cameron, Milton H. 
Swift, W. Bushnell, and their associates and successors, and 
all such persons as shall become stockholders in the com- 
pany hereby created, shall be a body politic and corporate, 
by the name and style of " The La Salle County Savings, Name and style. 
Loan and Trust Company," and shall have succession, a 
common seal which they may alter pleasure ; with power to p^^ers. 
sue and be sued, to plead and be impleaded, to appoint all 
necessary servants and assistants, and may have, enjoy and 
exercise all the powers necessary to carry out and execute 
the purposes and intent of a savings, loan and trust com- 
pany, r 

§ 2. The capital stock of said company shall be fifty ^^pj^^^, ^^^^-^ 
thousand dollars, with liberty to increase the same to three 
hundred thousand dollars, to be subscribed and paid for in 
the manner hereinafter provided, and shall be divided into 
shares of twenty-five dollars each, which shall be deemed 
personal property, and shall be transferable on the books of 
the said company, in such manner as its by-laws pre- 
scribe. 

§ 3. The said corporation shall have power to borrow Business pow- 
money, and to pay interest thereon, and to loan the said fJles*"*^ ^"^" 
money at any rate of interest not exceeding that now al- 
lowed by law to individuals ; may have and hold coin and 
bullion, may accept and execute all such trusts, whether 
fiduciary or otherwise, as shall or may be committed to it by 
any person or persons, or by the order and direction of any 
court or tribunal, or other legally constituted authority of 
the state of Illinois, or of the United States ; may make such 
special regulations in reference to trust funds or deposits, 



66 BANKING INSTITUTIONS, ETC, 

left for accumulation or safekeeping, as shall best aid the 
said depositors or parties interested, by accumulating and 
increasing the same, allowing and receiving such interest 
therefor, not greater than that hereinbefore specified, as 
may be agreed upon. 

Possession of § ^- I^ ^hall be lawful for the company hereby incor- 
reai estate, poratod to purchase and hold such real estate as may 
be convenient for the transaction of its business, and to 
take and hold any real estate in trust, or otherwise, as secu- 
rity for and in payment of loans and debts due or to be- 
come due to the said company or others ; to purchase real 
estate at any sale made in virtue or on account of any loan, 
debt, mortgage or trust made to or by said company, and 
to receive and take in satisfaction of any such loan or debt 
any real estate, and to hold and convey the same, and to ac- 
quire, hold, possess, use and enjoy, and the same to sell, 
convey, lease, and dispose of all such real estate and per- 
sonal property as is or may be necessary for the use of this 
corporation, or as may be deemed by the directors proper 
and necessary to carry on the business and accomplish the 
object of the company, or for the promotion of its interests. 

Directors. § 5. The affairs of this company shall be managed by a 

board of directors of at least five, who shall be stockholders 
in the company ; such election shall take place when two 
thousand dollars shall have been subscribed, and five per 
cent, paid thereon ; and three of the corporators herein 
named shall be commissioners to open books for subscrip- 

''^'°'^^tion'^°^'^' ^^^^- "^^^ money so received by the commissioners shall 
be paid over to the directors when elected. The directors 
shall elect a president, vice-president, and cashier, from their 

By-laws. body annually ; make and execute such by-laws as may be 

convenient and necessary for the proper prosecution of its 
business, not inconsistent with this act, or with the laws of 
this state or of the United States ; but no by-laws of this 
corporation shall be passed without the consent of a ma- 
jority of the directors, and all the acts of the duly appoint- 
ed ofiScers and agents of this company, done and performed 
under its authority, shall be binding on the company. 

Misnomers. § 6. A misuomer of said corporation in any deed, gift, 

grant, or other instrument, contract or conveyance, shall 
not vitiate the same, if the corporation shall be sufficiently 
described therein to declare the intention of the parties. 

Time, place and § '^' The election of directors of this company shall be 

iToMfng eiec- ^^^^ annually at the office of the company, and the board 

tions for direc- shall give at loast ten days' thereof to the stockholders, in 
such manner as they may determine. Every election for 
directors shall be by ballot, and the name and number of 
shares of each stockholder voting shall be indorsed on the 
ballot, and a plurahty of votes shall elect; every stock- 
holder shall be entitled to one vote for every share of capi- 
tal stock standing in his or their name on the books of the 



BANKING INSTITUTIONS, ETC. 67 

company, and he may vote in person or by proxy. Any 
omission or failure to elect directors shall not impair in 
any wise the right of stockholders, depositors, or others in- 
terested. The directors so elected shall hold until their 
successors are duly elected and qualified. 

§ 8. Within sixty days after the election of the first Payment of 
board of directors, as provided for in section seven of this ^'^^^es of stock. 
act, the board of directors may call in an additional sum of 
ten per cent, on each share of said stock, to be paid at such 
time and place as the directors may direct, on due notice 
given to said subscribers. The shares of every stockholder 
omitting to make such payment, shall be forfeited, together 
with all previous payments made thereon. After the pay- 
ment of five per cent, on each share of stock subscribed, as 
provided in the foregoing section, the said company shall 
be considered fully organized, and after the further pay- 
ment of ten per cent, on each share of the capital stock 
subscribed, the company may commence its business, full 
enjoyment of the privileges of this charter, at such place or 
places in the county of La Salle as the said board of direc- 
tors shall direct, 

§ 9. The board of directors shall have power to call for payment of bai- 
the payment of the balance due on the subscription of the ^"'^^ "^"^^ 
stock of this company at such times as they may think 
proper, and in event of the non-payment of the balance due 
from any stockholder on his stock within sixty days after 
due notice, it shall be lawful for the directors, at their op- saie ef share of 
tion, to enforce such payment, or to sell at public auction to gfj^^i-'gof^lefg 
the best advantage the amount of stock in the name of the 
said non-paying stockholder, who shall thereupon cease to 
be a stockholder in this company, and the purchaser or pur- 
chasers of said share or shares of stock shall have and enjoy 
all the privileges and profits accruing or accrued to the said 
shares of stock, and become liable for the payment of all 
calls then due or thereafter made on said shares of stock. 

§ 10. The board of directors shall have the power to Dividends. 
declare dividends on the stock of the said company from 
time to time, and at any time after the accumulations of ' 

profits of said company shall exceed five per cent, on the 
amount of capital actually paid in : Provided, that in no proviso. 
case shall the amount of any dividend be paid over to any 
stockholder on his or their stock until the amount of fifty 
per cent.'per share has been paid in to the said company. 

§ 11. At any time after the full payment of the original increase of 
capital of fifty thousand dollars into the company as' here- *^*^' 
inbefore provided, the board of directors may increase the 
capital of the company to the amount limited, or any part 
thereof, in shares of fifty dollars each, in such manner as 
they may deem proper; and the said increased stock shall 
be subject to all the liabilities, immunities and privileges of 
the original stock provided in this act. Stockholders shall 



68 



BANKING INSTITUTIONS, ETC. 



Deposits of mi 
nors and mar 



have the option of subscribing to such increased stock p^o 
rata, with such time as the directors may Hmit, of which 
due notice is to be given. 

§ 12. When any deposit is made by any person being a 

riedf women'." miuor, or by a female, on hereafter becoming a married 
woman, in her own name, the said corporation may pay to 
each depositor such sums as may be due to him or her, and 
the receipt or acquittance of such minor or married woman 
shall be a legal discharge to said corporation therefor. 

Officers secu- § 13. All officcrs of Said corporation shall respectively 
give such security for their fidelity and good conduct as the 
board of directors may from time to time require, and said 
board shall fix the salaries of such officers. 

^charter ^ °^ § -'^- "^^^^ ^^^^ ^^^^^ ^^^^^ ^^^' ^^® ^^^^ *^^"^ ^^ ^^V J^arS 

next succeeding the first day of April, a. d. 1867, and shall 
be entitled to use all its corporate powers, rights and privi- 
leges for the period of two years thereafter, for the sole 
purpose of closing up its affairs, and none other. 
Business and § 15. This cornoratioii shall not ensjage in any general 
or commercial bankmg or exchange business, and shall 
confine its business exclusively to the receipt and care of 
savings and trust funds; whenever default shall be made in 
the payment of any debt or liability contracted by this cor- 
poration, the stockholders shall be individually liable, pro 
rata, according to the shares of stock severally held by 
them, and such liability shall continue until six months 
after the assignment of the stock and publication of a notice 
thereof in the newspaper publishing the letter list of the 
place where the office of the association is located. This 
act shall be subject to any general law that may hereafter 
be passed relating to savings' banks or institutions of a 
similar nature ; and it is hereby provided that in case said 
corporation shall not commence and continue business 
within two years from the passage of this act, the franchise 
and privileges herein granted shall be forfeited. 

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

Approved March 5, 1867. 



operations. 



In force March AN ACT to incorporate the Merchants' and Mechanics' Savings Banii of 
^' ""• Danville. 

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

Illinois, represented in the General Assembly, That Oliver 

o«rporaiors. L. Davis, Jolm C. Short, Mason M. Wright, William Gid- 

dings, John R. Aylsworth, Aaron A. McDonald, Robert 

A. Short, Perry Fairchild and Joseph Smith, and their 



BANKING INSTITUTIONS, ETC. 69 

• 

associates and successors, and such persons as shall become 
stockholders in the company hereby created, shall be a body 
politic and corporate, by the name and style of "The Mer- Nameandstyie. 
chants' and Mechanics' Savings Bank of Danville," to be 
located in the town of Danville, in the county of Vermilion, 
and state of Illinois ; and shall have succession, a common Powers. 
seal, with power to sue and be sued, to plead and be im- 
pleaded, contract and be contracted with, to appoint all 
necessary officers, servants and assistants, and may have, 
enjoy, and exercise all powers necessary to carry out and 
execute the purposes and intents of a trust, deposit and 
loan company. 

§ 2. The capital of the said corporation shall be fifty capiui stock. 
thousand dollars, with liberty to increase the same to 
five hundred thousand dollars, to be subscribed and paid 
for in the manner hereinafter provided, and shall be divided 
into shares of one hundred dollars, which shall be deemed 
personal property, and shall be transferable on the books 
of said company in such manner as its by-laws may pre- 
scribe. 

§ 3. The said corporation shall have power to borrow Business and 
money and receive money on deposit, and pay interest "p®''**'®"^- 
thereon, and to loan the said money at any rate of interest, 
not exceeding that now or hereafter by law allowed to indi- 
viduals, and to take such security, real or personal, as the 
directors or managers of said company shall deem sufficient ; 
may accept and execute all such trusts whatever, fiduciary 
or otherwise, as shall or may be committed to it by any 
person, persons or other corporation, or by the order and 
direction of any court or tribunal, or other legally constitu- 
ted authority of the state of Illinois, or of the IJnited States; 
may make such special regulations in reference to trust 
funds or deposits left for accumulation or safe keeping, as 
shall best aid the said depositors or parties interested, by 
accumulating or increasing the same, allowing and receiving 
such interest therefor, not greater than that heretofore 
specified as may be agreed upon. 

§ 4. It shall be lawful for the company hereby incorpo- possession of 
rated to purchase and hold such real estate as may be con- '®*^ ^^'*'®- 
venient for the transaction of its business, and to take and 
hold any real estate in trust or otherwise as security, for or 
in payment of loans and debts due or to become due to the 
said corporation or others ; to purchase real estate at any 
sale made in virtue or on account of any loan, debt or mort- 
gage, or trust made to or held by said corporation, and to 
receive and take in satisfaction of any loan or debt, any 
real estate, and hold and convey the same, and to acquire, conTeyance of. 
hold, possess and use and enjoy the same; to sell, lease, 
convey and dispose of all such real estate and personal pro- 
perty as it may deem necessary for the use of said corpora- 
tion, or as may be deemed by the directors proper and neces- 



TO 



BANKING INSTITUTIONS, ETC. 



Calls for shares 



Organization. 



Payment of 
suDscriptions, 



sary to carry on the business and accomplish the objects of 
the corporation, or for the promotion of its interests. 

§ 5. The affairs of the company shall be managed by a 
board of directors of at least five in number, a majority 
of whom shall constitute a quorum for the transaction of 
business, who shall be stockholders in the corporation. 
The election of such directors shall be had by the stock- 
holders when thirty thousand dollars shall have been sub- 
scribed to the capital stock of said corporation, and ten per 
cent, paid thereon, and three of the corporators herein 
named shall be commissioners to open books for subscription. 

§ 6. The election of directors shall be held annually at 
the office of the corporation, and the board shall give at 
least ten days' notice thereof to the stockholders, in such 
manner as they may determine; every election for directors 
shall be by ballot, and the number of shares owned by each 
stockholder shall be indorsed on the ballot by the person 
or persons who may receive the same, and a plurality of 
votes shall elect. Every stockholder shall be entitled to one 
vote for every share of stock standing in his or their name 
on the books of the corporation, and he or they may vote 
in person or by proxy ; any omission or failure to elect 
directors shall not in anywise impair the rights of stock- 
holders, depositors, or others interested, and the directors 
in office shall hold over until their successors shall have 
been elected. 

§ 7. Within sixty days after the election of the first 
board of directors, as provided in section 5 of this act, the 
board of directors shall call in an additional sum of ten 
dollars per share on each share of said stock, to be paid at 
such time and place as the directors shall appoint, on due 
notice to said subscribers; the shares of every stockholder 
omitting to make such payment shall be forfeited, together 
with all previous payments made thereon. After the pay- 
ment of five dollars per share on the amount subscribed as 
provided in the foregoing section, the corporation shall be 
considered fully organized, and after the payment of fifteen 
dollars per share on the whole number of five hundred 
shares of the capital stock of the corporation, they may 
commence business in the full enjoyment of the privileges 
of this charter at such place in the said town of Danville 
as the said directors may designate. 

§ 8. The board of directors shall have power to call for 
the payment of the balance due on the subscription to the 
stock of this corporation, at such time as they may deem 
proper, and in the event of the non-payment of the balance 
due by any stockholder on his stock within sixty days after 
due notice, it shall be lawful for the directors, at their 
option, to enforce such payment, or to sell at public auction, 
to the best advantage, the amount of stock standing in the 
name of said non-paying stockholder, who shall thereupon 



BANKING INSTITUTIONS, ETC. 71 

cease to be a stockholder in the corporation, and the pur- 
chaser or purchasers of said shares of stock shall have and 
enjoy all the privileges and profits accruing on account to 
the said shares of stock, and become liable for the payment 
of all calls thea due or thereafter made on such shares of 
stock. 

§ 9. The board of directors shall have power to de- Diyidende. 
clare dividends on the stock of the said corporation from 
time to time, after the accumulation of the profits of said 
corporation shall exceed five per cent, on the amount of 
capital actually paid in : Provided^ said dividend shall not 
reduce the surplus of profits of the corporation below five 
per cent, on the amount of capital actually paid in; but in 
no case shall the amount of any dividend be paid over to 
any stockholder on his or their stock until the amount of 
twenty-five dollars has been paid into said corporation. 

§ 10. At any time after the full payment of the original increase of the 
capital of fifty thousand dollars into the corporation as *"''*^'*'^' 
hereinbefore provided, the board of directors may increase 
the capital stock of the corporation to the amount limited, 
or any part thereof, in shares of one hundred dollars each, 
in such manner as may be deemed proper, and such increase 
shall be liable and subject to all the liabilities, immunities 
and privileges of the original stock as provided in this act. 
Stockholders shall have the option of subscribing to such 
increased stock, pro rata, within such time as the directors 
may limit, of which due notice is to be given. 

§ 11. That any real estate acquired in fee by this cor- saie and eon- 
poration, either by purchase or in payment or satisfaction JsYateacquf/ed 
of any loan or debt, and not held in trust or security, other in f«e- 
than what shall be necessary for the convenient use of the 
same for the transaction of its business, shall not be held 
by the said corporation longer than ten years ; and shall 
within that time be sold and conveyed, either at public or 
private sale, so as to divest the corporation of the title to 
and in fee in the same. 

§ 12. This corporation shall not engage in any general ^o^^j^^jong X- 
or commercial banking or exchange business, and shall fined, 
confine its business exclusively to the receipt and care of 
savings and trust funds. Whenever default shall be made 
in the payment of any debt or liability contracted by this 
corporation, the stockholders shall be individually liable, ' 
pro rata, according to the shares of stock severally held by 
them, and such liability shall continue until six months 
after the assignment of the stock and publication of a notice 
thereof in the newspaper publishing the letter list of the 
place where the office of the association is located. This 
act shall be subject to any general law that may hereafter 
be passed relating to savings banks, and institutions of a 
similar nature, and it is hereby provided that in case said 
corporation shall not commence and continue business 



72 BANKING INSTITUTIONS, ETC. 

within two years from the passage of this act, the franchises 
and privileges herein contained shall be forfeited. 
Assessments of § 18. The stock of the company incorporated under 
stock. ^j^jg ^(3^ gjj^i] i3Q assessed, ;pro 'rata, in proportion to its 

value as other personal property, and they may deduct from 
the assessed value of such shares the assessed value of all 
real estate held by said corporation, or such amounts of the 
capital stock of said company as shall be invested in United 
States bonds, and all indebtedness of said company to per- 
sons within the state of Illinois. 
Existence of § 14:. The Corporation hereby created shall exist for the 
charter. ^gj.jjj ^f gfj-y y^ars from the passage of this act. 

§ 15. This act shall take effect and be in force from and 
after its passage, and shall be a public act. 
Approved March 5, 1867. 



In force March AN ACT to incorporate the German Banking Institution. 

6, ISBT. 

Section 1. Be it enacted ~by the People of the State oj 
Illinois, represented in the General Assembly, That Paul 

Corporators.: Q Schugh, Charlcs Gcricke, Fridolin Bross, Charles 
Feuchter, Frederic Konsmeyer, Edward Buder, Louis 
Houck, Leo Kleb, Christian Hany, Herman Meyer, Peter 
Neff, Ernest Keichert, Andrew Loher, Jacob Lehning and 
Charles Schoenmeyer, and their associates and successors, 
and all such persons as shall become stockholders in the 
corporation hereby created, shall be a body politic and cor- 

Namesind.tjie. ppj-ate, by the name and style of "The Cairo German 
Banking Institution ;" and by that name they and their 
successors shall have perpetual succession, and shall have 
a common seal, (which may be changed at pleasure), and 

Powers. power in law and equity, of suing and being sued, of plead- 

ing and being impleaded, contracting and being contracted 
with, and to appoint all necessary officers, clerks and agents ; 
and to be located in the city of Cairo, county of Alexander, 
and State of Illinois. 

Capital stock. § 2. The Capital stock of said corporation shall be 
twenty-five thousand dollars, divided into shares of fifty 
dollars each, with power to increase the same from time to 
time, by a vote of the directors, to be subscribed and paid 
for in the manner hereinafter specified. 

stock Bubicrip- § 3. A majority of the corporators herein named shall 

tion. I ^Q and are hereby authorized, at any time within two years 
after the passage of this act, to open books for the subscrip- 
tion of the capital stock of the corporation, in the city of 
Cairo, and to keep them open until the sum of twenty-five 
thousand dollars shall have been subscribed, at which time, 



BANKIJs'G INSTITUTIONS, ETC. 73 

or as soon as convenient thereafter, tliej shall designate a 
time and place for the first election of the directors of said Eieotion of di- 
corporation, by the parties subscribing for the capital stock "''''°"- 
thereof; and each share of stock so subscribed shall be en- 
titled to one vote. 

§ 4. The payment of the stock subscribed shall be made Payment ofsub- 
and completed by the subscribers, respectively, at such scribed stock, 
time, place and manner as said directors shall" prescribe ; 
and no person shall be a director unless he be a bona fide 
subscriber or stockholder. 

§ 5. No subscriber of the stock of the corporation here- ^'^%, °^ ^^'"^^■ 
by created shall have the right to vote at the first election of 
the directors, unle.'^s he shall havefir^t paid ten per cent, of 
the amount subscribed by him to such a^ent as the corpora- 
tors ot this act may designate ; nor shall any subscriber or 
stockholder have, at any time, the right to vote at any elec- 
tion held by virtue of this act, who shall be in detault to 
the corporation for any payments, either in stock held by 
him or otherwise. 

§ 6. The corporation hereby created shall have power Business and 
to borrow money, to receive money on deposit, and to loan °p"'''^*'^°'^- 
the same; to buy and sell drafts, bills of exchange, bonds, 
notes and other instruments in writing ; to allow interest 
on money deposited ; to transfer from place to place gold 
dust, gold and silver coin and bullion for emigrants and 
others; to create, appoint and employ and establish such 
oflicers, agents and servants as shall be necessary to carry 
on the business of said corporation, and to pass such ordi- 
nances and by-laws as shall be necessary and proper For 
carrying into operation the powers granted by this act ; but 
said ordinances and by-laws shall not be inconsistent with 
the constitution and laws of this state. 

§ 7. It shall be lawful for the corporation hereby created Possession of 
to purchase and hold such real estate as may be convenient '''''' 

and useful in the transaction of its business; and to take 
and hold any real estate, in trust or otherwise, as security 
tor, or in payment of loans and debts due or to become due 
to said corporation ; to bid for and purchase real estate at 
any sale made by virtue of or on account of any loan or 
mortgag-e, or trust made to or held by or for said corpora- 
tion, or in which it is interested, and to receive and take in 
satisfaction of any loan or debt any real or personal estate, 
R Q *i, ' "^®' Improve, lease and convey the same. 
^ui- 1 -'-,"® f^*^^k and the afi^airs of the corporation hereby Di^etors. 
established, shall be managed and conducted by nine direc- 
tors; and the first board of directors, after being elected # 
and quahfied, shall be divided by lot into three classes- 
three to serve for one year, three for two years, and three classification of 

{hjee years (and until their successors "are elected and 
qualified,) so that every year only three directors be elected, 
to serve for the term of three years; such election to be Election of 



Yol. 1-6 



74 



Manner of vo- 
ting for. 



Vacancy. 



President pro 
tem. 



Officers, etc., 
wages. 



Stock personal 
property as- 
signable and 
transferable. 



Forfeited 
shares. 



Limited BHb- 
scrlptions. 



BANKING INSTITUTIONS, ETC, 

held in the city oi" Cairo, at such time, place and manner as 
the board of directors shall, by ordinance or by-law, pre- 
scribe, and shall be made by ballot, by plurality of the 
stockholders ; and stockholders not present may vote by 
proxy, made in v^^riting directly to the person representing 
them at such election ; and in case it should happen that at 
any time on the day the election of directors should beheld, 
no election should be made, it shall and may be lawful on 
any other day to make and hold an election of directors, 
in such manner as shall be regulated by the by-laws of the 
corporation. 

§ 9. The directors chosen shall, as soon as may be after 
every annual election of directors, proceed to choose out of 
their own number a president, who shall hold his office un- 
til the election of his successor. Said president shall per- 
form such services and have such powers as may be conferred 
upon him by the by-laws of the coporation. In case of the 
death or resignation of the president or any of the direc- 
tors, the vacancy may be Ulled by the board of directors ; 
and in the event of the absence of the president, the board 
of directors shall have the power to appoint a president, j!?w 
tempore, who shall have all the powers and perform all the 
duties of the president regularly chosen. 

§ 10, The said directors may, by by-laws, direct in what 
manner the business of the corporation shall be done ; and 
they shall have power, subject to such by-laws, to appoint 
from their own body one or more assistants to aid in the 
performance of the business of the corporation, with such 
compensations and allowances as they shall think proper; 
and they shall have power to declare and make dividends 
of the profits arising out of the business of the corporation, 
and fix, allow and pay out of the funds of said corporation 
the officers, agents and servants of said corporation such 
wages, salaries and compensations as they shall think proper 
and reasonable ; but no by-laws of the corporation shall be 
passed without the consent of a majority of the directors. 

§ 11. The stock of the corporation shall be deemed per- 
sonal property, and shall be assignable and transferable, 
according to such rules and regulations as the board of di- 
rectors shall from time to time make and establish. 

§ 12. The directors shall also have the right, in case 
that any stockholder shall fail to pay any installment for 
thirty days after a call thereof, by publication or otherwise, 
to declare the stock of such stockholder so in arrears for- 
feited to the corporation, together with the sums already 
l)aid thereon ; or, at their option, sue for and recover the 
entire amount of subscription remaining unpaid. 

§ 13. Until the first election of directors by the stock- 
holders shall have been held, it shall not be lawful for any 
one person to subscribe more than fifty shares of the stock 
of the corporation ; and the directors elected by the stock- 



BANKING INSTITUTIONS, ETC. 75 

holders shall be authorized to limit the number of shares 
which shall be held by any one person, and to alter and 
abolish such limits whenever they may deem it proper to 
do so. 

§ 14. All contracts and other instruments in writing, contracts, etc. 
which may be made or entered into by said corporation, 
shall be subscribed by such officer or officers, agent or 
agents as shall be authorized by the ordinances and by- 
laws of the corporation ; and being so signed shall be bind- 
ing upon ^id corporation ; and all such contracts and 
instruments in writing may be signed and carried on witiiout 
the presence of the board of directors, by its officers, assist- 
ants and agents. This corporation shall not take on deposit 
any savings or trust funds, or in any way engage in a sav- 
ings banking business. 

§ 15. This act shall be and is hereby declared to be a construction of 
public act, and the same shall be as such liberally construed, 
and shall take effect and be in force from and after its pas- 



The stockholders herein shall be responsible, in their stockholders re- 
individual property, in double the amount of their stock, to Ind^uabliuies. 
make good all losses to depositors or others ; and no assign- 
ment of their stock shall release them from said liability, 
until after the fact of such assignment and name of the per- 
son to whom made, and the amount of said stock shall have 
been advertised in some public newspaper, printed in the 
county where this corporation is doing business and located, 
for the period of three months. 

This act shall be void unless said company shall organize Time of org.n- 
and. proceed to business within two years after the passage '^'^'°° imited. 
hereof. The said company shall be subject to the provis- 
ions of any law hereafter passed on the subject of banking, 
trust and deposit companies. 

Appeoved March 6, 1867. 



AN ACT to incorporate the Mutual Trust Society. ^° X'^im"''^ 

Section 1. Be it enacted by the People of the State of 
lUinoi, represented in the General AemUy, That S. J. corporators. 
Anthony, Andrew Brown, Erastus Bailey, Paul Cornell, 
Charles Cloyes, Gilbert Hamilton, Van H, Higgins, Alonzo 
Huntington, Joseph Kettlestrings, Gustavus Knoblauch, 
J. A. McCuUoch, George Scoville, William H. Shackford, 
R. K. Swift, Michael Ward, and all others, who may 
become associated with them as subscribers to the stock of 
the society hereby created, their successors and assigns for- 
ever, be, and they hereby are, created and made a body 



76 BANKING INSTITUTIONS, ETC. 

politic and corporate, for the objects and purposes herein- 

Name and style after named, bv the name and style of the " Mutual Trust 
Society ;" and by that name shall be, and hereby are, em- 
powered to purchase, have, hold, possess and erijoy, l)y 

^vTeg^s.^"'^^'^'' themselves, successors and assigns, forever, lands, tene- 
ments, hereditaments, money, goods, chattels, choses in 
action, and elfects of every kind, and the same to grant, sell, 
alien, improve, lease, invest, loan and dispose of; to sue 
and be sued, plead and be impleaded, in all courts of law 
and equity; to have and use a common seal, and the same 
to change, alter, or renew at pleasure; and to have and 
exercise all other needful powers, to carry out, execute and 
fulfill the olijectsand purposes hereinafter named. 

Objects and | 2. The chicf objccts and purposes of the said society 
purposes. ^^^ declared to be to provide convenient means for the 
uniting and employment of capital or other values, 
througli any desirable period of time, for accumulation, and 
ultimately the net proceeds of any trust or trust estate con- 
fided to the society for accumulation, to apply as may 1)6 
desired or contracted for by and between the said corpora- 
tion and any owner or holder of a certificate or certificates of 
shares in its capital stock, to promote or advance any of the 
objects or purposes named or alluded to in this act of incor- 
poration, and wliich objects and purposes shall be, in 
substance, some one or more of the following, viz : 

^ete"^'' ^""*^^' ^'^'f'st. — To invest and re-invest the capital stock and 
funds of said society in merchantable and interest-bearing 
securities or in rents ; and any part thereof to sell and the 
proceeds re-invest in like securities or rents; and the 
yearly net profits realized therefrom to appropriate and dis- 
pose of as hereinafter named. 

Execute and Secondiy. — The society may accept, execute and fulfill 
for and at the request of any stockholder in the said capital 
stock and upon his, her or their contribution of money or 
other acceptable values, in aid of such request and trust — 
the chief objects and purposes of which shall be expressed 
in any such trust — to encourage, advance or promote some 
industrial, charitable, benevolent, sanitary or educational 
purpose, enterpriser or undertaking, or to secure, advance 
or promote the welfare of the survivors or survivor or de- 
scendants of families, or to encourage, iiromote or advance 
some worthy object, intended for public good ; and the 
society may "also accept of, execute and fulfill any trust or 
trusts of the nature of tcmtine for any combination of indi- 
viduals of one or more families, whether they be blood 
relations or not and for their mutual benefit, or for the bene- 
fit of the survivors or survivor of them or of any of them. 

§ 3. The business and affairs of the said corporation 
shall be managed by a board of not less than three n(»r 
more than fifteen directors, and such oflticers and agents in 
this state and other states and places, as they may appoint. 



fulfill trusts 
etc. 



BANKING INSTITUTIONS, ETC. 77 

The first board of directors shall be elected by the corpora- How elected. 

tors aforesaid, or such of them as may act, together with 

such other persons as may become associated with them as 

subscribers to the stock of said society ; and thereafter the 

said directors shall be elected by bailor, by and from 

the stockholders of said society. They shall hold their Term of office. 

offices for the term of three years and until others shall be 

elected or chosen to fill tlieir places. In case of a vacancy 

by death, resignation or otherwise, the remaining directors 

may fill such vacancy by aj^pointment until the next regular 

election, A majority of said directors shall always be Residents of the 

residents of the state of Illinois. The said board of direct- state. 

ors shall have power to ordain and put in execution such sy-iaws and 

by-laws and regulations as they may deem proper for the regulations. 

well-ordering and government of said corporation ; Fro- 

vided, they be not repugnant to the laws of the United 

States or of this state, or to the provisions of this act of 

incorporation. They shall have power to appoint all such ^ 

... ^ , '' . ^1 • 1 1 • 1 1 1 ^ /• General powers 

omcers and agents as they may tnink clesirabie, and to iix and duties. 
their salaries, compensation, duties and terms of office. 
They shal require the officers in charge of the home office 
of said society to make out an annual report of the resour- 
ces and liabilities, receipts and expenses, business and losses 
of the society, to be verified by affidavit — of which report 
each stockholder shall be entitled to a copy. The home 
office of said society shall be located in the city of Chicago. 
Contracts to which said corporation may be a party shall be 
valid and binding, with or without the seal of said corpora- 
tion attached. 

§ 4. At any time within five years from and after the organization. 
passage of this act the said corporators, or such of them as 
may act, shall proceed to organize the society, by the 
election of the first board of directors, and open books stock subaerip- 
for subscription for the capital stock of said society. And *'°'^' 
subscribers therefor may be required to pay for the stock 
80 subscribed for by them, in installments, as may be 
ordered by said board of directors ; and they may and shall 
forfeit, for the use of the society, all installments and pay- 
ments that may have been made by them thereon, upon 
failure to make due and punctual payment of any install- 
ment that may be called for or ordered by said directors, vote of stock- 

§ 5. At all elections for directors the stockholder shall holders. 
be entitled to one vote, by themselves or proxy, for each 
share of stock held and owned by them respectively. 

§ 6. Shares in said capital stock shall be transferable shares trans- 
only in the books of said corporation, according to the rules ^^'■^''*^- 
and regulations of the society. 

§ T. The said capital stock may be acquired by issue capital stock 
and sale of certificates of shares therein, in such sums per fsXf«tl ^^ 
share and with such grades of preference as to a share or 
shares in the dividends of the net profits of the society, and 



78 BANKING INSTITUTIONS, ETC. 

with such terms and conditions as to the retirement or 

extinguishment of any such share or shares, as the said 

directors, or a majority of them, may deem proper to ordain, 

Total »mountof ^^ ^r establish. The total amount of said capital outstand- 

capitai stock, ing at any one time may be to the extent of three hundred 

thousand dollais. 

Sale Md ex- § 8. It shall be lawful for the society to sell or exchange 

tificafeV "^^ its certificates of shares in said capital for valuable interests 

in lands or rents of lands or for any valuable service 

rendered by any person or persons to the society. 

Disposition of § 9. The yearly net profits of the society shall be ap- 

^early net pro- pj.Qp,.J^|.g(J ^^^"^ dispOSed of aS folloWS I 

First. — One-tenth part thereof shall be set apart and go* 

to a fund to be designated in the books and vouchers of the 

"First Reserve socicty as the " First Reserve Fund ;" and it and its net 

^^^^•" increase shall be invested and re-invested in merchantable 

securities by the society, for account of said reserve fund, 
until it and its net accumulations shall amount lo the full 
sum and value of fifty thousand dollars, when, and so often 
as the sum last above named is so accumulated as last afore- 
said, then and so often the same shall be and hereby is 
appropriated and shall be paid out by said society to defray, 
to the extent of said sum, the cost or expense of such ob- 
jects or purposes as may be deemed most beneficial to the 
worthy poor in said city as the mayor and common council 
of said city may direct or approve. 

/Secondly. — One other or tenth part of said yearly net 
profits shall be set apart and go to a fund to be designated 

"Second Ro- in the books of the society as the " Second Reserve Fund ;" 

serve fund." ^^^^ -^ ^^^^ .^^ ^^^ iucreasc shall be invested and re-invested 
in merchantable securities by said society until said fund 
last above named and its net increase shall be deemed 
sufficient to purchase suitable grounds and to construct 
thereon suitable fire-proof buildings and fireproof safety 
vaults, for the needful use of the society and the trusts it 
may accept to execute and fulfill ; and upon the completion 
of the purchase of such grounds and of said buildings and 
vaults, from then and thenceforth the said fund last above 
named and its remainder may be appropriated to such 
other uses, for the benefit of the society, as the said direct- 
ors may deem most beneficial to the permanent welfare of 

Dividends. this Corporation. And, thirdly. — The remainder of said 
yearly net profits shall be appropriated and paid in divi- 
dends to owners of certificates of shares in the said capital 
stock, in sums and amounts in accordance with the terms 
of the certificates of ownership of shares in said capital held 
by them respectively. 

Ljg^g § 10. No trust or trusts accepted by the directors shall 

in any way be a charge or lien on the said capital or on 
either of the said reserve funds, nor shall any part of said 



BANKING INSTITUTIONS, ETC. 



79 



capital or reserve funds be used or appropriated for any 
such trust or trusts. 

§ 11. The business aflfairs, funds and values of each and Fundi kept se- 
every trust accepted for the society, by the directors, shall p^''^'^- 
be kept separate, each for its own account, except otherwise 
especially provided for in tlie deed or any deed creating 
such trust or trusts, and each of such trusts shall be at its 
own individual risk as to losers on securities taken in good 
faith, and taken for the respective accounts of any such trusts. 

§ 12. Nothing herein contained shall be construed to 
authorize the business of banking. Banking busi- 

§ 13. This act shall be deemed to be a public act, and ness prohibited 
take effect from and after its passage. 

Approved March 6, 1867. 



AX ACT to incorporate the McLean County Banking Institution. la force March 

6, 1S67. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly, That Owen 
T. Reeves, Michael Swann and B. F. Betsee, and their Name and style 
associates and successors, and all such persons as shall 
become lawful stockholders in the institution hereby created, 
shall be a body politic and corporate, by the name and style 
of ''the McLean County Banking Institution ;" and as such, 
shall have succession, a common seal, power to plead and p^^^j.^ 
be impleaded ; to appoint all necessary officers, servants and 
assistants ; and may have and enjoy, and exercise, all the 
powers necessary to carry out the purposes of a savings insti- 
tution—to be locate in Bloomington, McLean county, Illinois. 

§ 2. A majority of the corporators herein named, may 
proceed to open books for subscription to the stock of said 
institution, and shall, at the same time, or thereafter, desig- g^og^ gubscrip- 
nate a time for the tirst election of trustees of said institu- 'ion. 
tion, by parties subscribing to the stock thereof; and each 
share of stock, so subscribed for, shall be entitled to one vote. 

§ 3. The capital stock of said company shall be fifty 
thousand dollars, with power to increase the same to five 
hundred thousand dollars; to be subscribed and paid for in 
the manner prescribed by the by-laws to be framed by said capital stock. 
institution, and shall be divided into shares of one hundred 
dollars each, which shall be deemed personal property, and 
shall be transferable on the books of said institution, in such 
manner as its by-laws shall prescribe. 

§ 4. The said institution shall have power to borrow Business and 
money, and receive money on deposit, and to loan money, oper^'ion"- 
either within or without this state, at any rate of interest 
not exceeding that now or hereafter, allowed by law to 



80 



Possession of 
real estate. 



By-laws. 



nankin^ pro- 
hibited. 



Time of orKan- 
ization limited 
&c. 



BANKING INSTITUTIONS, ETC, 

private individuals ; and to discount, in accordance with the 
usages of banks, (and in computation of time, thirty days 
shall be a month, and twelve months a year;) and to make 
such loans payable either within or without this state ; and 
to take such securities therefor, real or personal, or both, aa 
the trustees or managers of said corporation shall deem 
sufficient, and may secure the payment of such loans by 
deeds of trust, mortgages or other securities ; may have 
and hold coin and bullion, and buy or sell the same ; may 
accept and execute all such trusts, whether fiduciary or 
otherwise, as shall or may be committed to it by any persqn 
or persons, or by the order or direction of any court or 
tribunal ; may make such special regulations in reference 
to trust funds as shall be agreed upon with the depositors 
or parties interested ; and may issue letters of credit and 
other commercial obligations. 

§ 5. It may be lawful for the institution hereby incor- 
porated to purchase and hold such real estate as may be 
convenient in the transaction of its business, and to take 
and hold any real estate in trust or otherwise, as security 
for or in payment of loans and debts due or to become due 
to said institution ; to purchase real estate at any sale made 
in virtue or on account of any loan or mortgage or trust 
made to or held by or for said corporation, or in which it 
is interested ; and to receive and take in satisfaction of any 
loan or debt, any real or personal estate, and to hold, use, 
improve and convey the same. 

§ 6. The affairs of the institution shall be managed by 
a board of trustees, at least three in number. After the first 
election, as herein provided, the trustees shall be elected 
by the stockholders, at such times, places and in such man- 
ner, as shall be prescribed by the bydaws of said institution. 
The trustees of said institution shall be elected annually ; 
but any failure or omission to elect trustees shall in no- 
wise impair or affect the rights or interests of stockholders, 
depositors or others interested. 

I 7. The trustees shall have the right to form all such 
by-laws as in their judgment shall be necessary for the 
government and management ot the affairs and business of 
said institution : Provided, that they shall contain nothing 
inconsistent with the laws and constitution of this state or 
the United States. 

§ 8. The trustees shall have the right to declare divi- 
dends out of the earnings of said institution. 

§ y. This corporation shall not take on deposit any 
savings or trust funds, or in any way engage in a savings 
banking business. This act shall be a public act, and shall 
be in force and take efiect from and after its passage. 

§ 10. This act shall be void, unless said company shall 
organize and proceed to business, within two years after 
the passage hereof. The said company shall be subject to 



BANKING INSTITUTIONS, ETC. 



81 



the provisions of any general law hereafter passed on the 
subject of banking, trust or deposit companies. 
Approved March 6, 1867. 



AN ACT to charter the Mascoutah Heal Estate and Savings Bank. In foroe^March 

Section 1. Be it enacted hy the People of the State of 
Illinois^ repesented in the General Assembly, Ihat Max 
Speel, Alexander Ross, Wilhain Mans, Geo. C. Eisenmeyer, 
Philip Postel, Andrew Eisenmeyer, George Swaggart, their 
associates, heirs and assigns, and all such persons as shall 
become stockholders in the corporation hereby created, and 
their successors shall be a body politic and corporate, ^.Y j^^j^^ ^^^^ ^t le 
the name and style of the "Mascoutah Real Estate and ^™®^" *^® 
Savings Bank," and shall have a common seal, power to 
plead and be impleaded, to appoint all necessary othcors, 
servants and assistants, and be located in the city of Mascou- Location, 
tab, ill St, Clair county, Illinois. 

§ 2. A majority ot the corporators herein named, may stock subscrip- 
proceed to open books for subscription to the stuck of said 
company, and shall, at the same time, or hereafter, desig- 
nate a time and place for the tirst election of directors 
of said company, by parties subscribing to the stock thereof, 
and each share of stock subscribed for, shall be entitled to 
one vote. 

§ 3. The capital stock of said company shall be one capital stock. 
hundred thousand dollars, with power to increase the same 
to live hundred thousand dollars, to be subscribed and paid 
for in the manner prescribed by the by-laws to be formed 
by said company; and shall be divided into shares of one 
hundred dollars each, which shall be deemed personal 
property, and shall be transferable on the books^ of said 
company in such manner as its by-laws may prescribe. 

§ i. ' The said corporation shall have power to borrow b ^^^^.^^^ 
money, and to receive money on deposit, and to pay interest op<'r'*>°°^- 
thereon ; and to loan money either within or without this 
state, at any rate of interest not exceeding that now or 
hereafter allowed by law, to private individuals, and in com- 
putation of time, thirty days shall be a month, and tvvelve 
months a year, and to make such loans payable either within 
or without this state, and to take such securities therefor,^ 
real or personal, or both, as the directors or managers of 
said corporation shall deem sufficient; and may secure the 
payment of such loans by deeds of trust, mortgages, or other 
securities, either within or without this state ; may accept 
and execute all such trusts, whether fiduciary or otherwise, 
as shall or may be committed to it by any person or persons, 



BANKING INSTITUTIONS, ETC. 



Married women 
and minors 
privileges of. 



Purchases of 
real estate, 4c. 



Directors, 



Officers, agents 
etc. 



Forfeiture 
stock. 



or by the orders or directions of any court or tribunal or 
other legally constituted authorities of the state of Illinois, 
or of the United States, or elsewhere ; may make such 
special regulations in reference to trust funds or deposits 
left for accumulation or safe keeping, as shall be agreed 
upon by the depositors or parties interested, for the purpose 
of accumulating or increasing the same ; and may secure 
the payment of any loans made to said company in any 
way the directors may prescribe. 

§ 5. Married women and minors may, in their own 
names, subscribe for stock, and deposit money in said cor- 
poration, and receive certificates of stock and of deposits in 
their own names, which stock and deposits shall be subject 
to their disposal and order only. 

§ 6. It may be lawful for the company hereby incorpo- 
rated to purchase and hold such real estate as may be con- 
venient and useful in the transaction of its business, and to 
take and hold any real estate, in trust or otherwise, as 
security for and in payment of loans and debts due or to 
become due, to said company; to bid for and purchase real 
estate, at any sale made by virtue of or on account of any loan, 
or mortgage, or trust, made to or held by or for the said 
company, or in which it is interested ; and to receive and 
take, in satisfaction of any loan or debt, any real or personal 
estate; and to hold, use, improve, lease and convey the 
same. 

§ 7. The aflairs of the company shall be managed by a 
board of directors, at least three in number, after the first 
election as is herein provided. The directors shall be elected 
by the stockholders, at such time and place, and in such 
manner as shall be established by the by-laws of such com- 
pany. The directors of said company shall be elected 
annually, but any failure or omission to elect directors shall 
in nowise affect the rights and powers holding over, or the 
rights or interests of the stockholders, depositors, or others 
interested. 

§ 8. The directors shall have the right to form by-laws, 
for the appointment of other officers, agents and others 
necessary for the company's service, and for regulating 
their own proceedings and the company's operations ; how- 
ever, not inconsistent with the constitution and laws of this 
state. 

§ 9. The directors shall also have the right in case any 
stockholder shall fail to pay any instaUment for thirty days 
after a call thereof, to declare the stock of such stockholder 
(so in arrears) fort'eited to the company, together with the 
sums already paid thereon, or at their option, sue for and 
recover the entire amount of subscription remaining unpaid ; 
and shall have the right to declare dividends out of the 
earnings of the company. 



BANKINa INSTITUTIONS, ETC. 83 

§ 10. The directors shall make an annual report to the A'^^"^* '"*'?<'''• 
treasurer of the state of Illinois, of their acts and doings for 
the previous year, such report to be verified by the afiidavit * 

of the president or other proper oflicer of said company. 
This corporation shall not engage in any general or com- 
mercial banking or exchange business, and shall confine its Banking busi- 
business exclusively to the receipt and care of savings and "d!^ p'^*'^'*''*" 
trust funds, whenever default shall be made in the payment Exclusive busi- 
of any debt or liability contracted by this corporation, the °^^^- 
stockholders shall be individually liable, pro rata, according ^jfj^j^lfoi^erg"' 
to the shares of stock severally held by them, and such 
liability shall continue until six months after the assignment 
of the stock and publication of a notice thereof, in the 
newspaper publishing the letter list of the place where the 
office of the association is located. This act shall be subject 
to any general law that may be hereafter passed relating to ^g^enS^fawt 
savings banks or institutions of a similar nature, and it is ^('■ 
hereby provided that in case said corporation shall not 
commence and continue business within two years from „ , ., . 

the passage of this act, the franchises and privileges herein franchise. 
granted sliall be forfeited. 

§ 11. Until the sum of ten thousand dollars shall have c^^mence^^^^^ 
actually been paid in on subscription to capital stock, the ne»3. ' 
company shall not comm.ence business*. 

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



AN ACT to incorporate the Ottawa Loan and Trust Company. in force March 

7, 1867. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That William 
Hickling, I. F. Nash, W. Bushnell, M. H. Swift, Kobert 
M. Mc Arthur, E. Y. Greggs and Julius Avery, and their 
successors, are hereby constituted a body corporate and 
politic, by the name of " The Ottawa Loan and Trust Com- Name, 
pany," to be located in the city of Ottawa, in said state. 

§ 2. That said corporation shall be authorized to receive May receive de- 
from any person or persons who may wish to enjoy the P^^^f^."' ™°''' 
advantage of the same any deposit or deposits ot money 
and to use and improve the same for the purposes and ac- 
cording to the directions herein prescribed. 

§ 3, That all deposits of money received by said corpo- ^''P°/'J^t,°n"°o^ 
ration shall be used and improved to the best advantage and deposug.*''* 
in a manner not inconsistent with the laws of this state or 
the provisions of this act, and the income or profits thereof, 
not exceeding six per cent, per annum, shall be applied and 



84: 



BANKING INSTITUTIONS, ETC, 



Rateofmterest. 



Officers. 
Vaeancies, 



Quorum. 



Pa}^ and emolu- 
ments. 



Conveyances 
and agree- 
ments. 



Investment of 
moneys. 



Borrowing 
money. 



Certificates of 
depoBits. 



Issuing of bills 
and notes pro- 
hibited. 



divided among he persons making such deposits, their ex- 
ecutors or administrators in just proportion, and the princi- 
pal of such deposits may be withdrawn at such times and 
in such manner as the said corporation may direct and pre- 
scribe ; and it shall be the duty of the board of trustees 
of said institution to regulate the rate of interest to be al- 
lowed to depositors, not exceeding the rate per cent, herein 
specified, so that they shall receive a ratable proportion 
thereof, after deducting all necessary expenses in the man- 
agement of the business of such corporation. The rate of 
interest to be allowed depositors to the amount of five hun- 
dred dollars and upwards shall be at least one per cent, less 
than the interest allowed others. 

§ 4. That the business and property of said corporation 
shall be managed by a board of trustees, thirteen in num- 
ber, who shall at their first meeting and as often as may be 
necessary, elect by ballot from their number, a president and 
vice-president and cashier. The several persons named in 
the first section of this act shall be the first trustees, and all 
vacancies in said board shall be tilled at the next regular 
meeting thereof after such vacancy shall arise, and the per- 
son receiving a majority of the votes of the trustees present 
shall be duly elected. Five trustees, of whom either the 
president, vice-president or cashier shall be one, shall con- 
stitute a quorum for the transaction of all ordinary business. 
The trustees or managers of said corporation, as such, shall 
not receive any pay or emolument for their services, but 
this last provision shall not apply to the cashier or financial 
officers of said corporation. 

§ 5. That said corporation may have a common seal 
which they may change or renew at pleasure, and that all 
deeds, conveyances or grants, covenants and agreements 
made by their president, cashier or other person, by their 
authority and direction, according to their instructions, shall 
be good and valid ; and said corporation shall at all times 
have power to sue, and may be sued, to plead and be im- 
pleaded and defend, and shall be ruled to answer by the 
name and style of the corporation. 

§ 6. It shall be lawful for said corporation to receive 
and take on investment of moneys under this act a rate of 
interest not exceeding ten per cent, per annum, as may be 
directed by the board of trustees or managers thereof 

§ 7. That no trustee or officer of said corporation shall 
directly or indirectly borrow any of the moneys of said 
corporation, or in any manner use the same except in the 
lawful business of said corporation. All certificates or evi- 
dences [of J deposit made by the proper officer or officers 
shall be as effectual to bind the corporation as if made 
under the common seal thereof; said corporation is hereby 
prohibited from issuing any bills or notes to circulate as 
money. 



BANKING INSTITUTIONS, ETC. 85 

§ 8. A misnomer of said corporation in any deed, gift, Misnomers. 
grant, or other instrument, contract or conveyance, siiall 
not vitiate the same if the corporation shall be sufficiently 
described therein to declare the intention of the parties. 

§ 9. The books of said corporation shall at all times Books open to 
during the hours of business be open to the inspection and Lxlmfnauon?'^ 
examniation of the auditor of public accounts in this state, 
and such other person or persons as the legislature, shall 
designate or appoint. The corporation shall make a report 
to the legisUture of this state on or before the first day of 
January'in each year, when the stated sessions are held of 
the state of their funds and investments. 

§ 10. When any deposit is made by any person being a ^nPs^and^mTr- 
minor, or by a female being, or hereafter becoming a mar- ned women, 
ried woman, in her own name, the said corporation may 
pay to each depositor such sums as may be due to him or 
her, and the receipt or acquittance of such minor or married 
woman shall be a legal discharge to said corporation 
therefor. 

§ 11. That said corporation are hereby authorized to Possession ^^of 
take, hold and convey such real estate in the city of Ottawa p^sonai Vop- 
as may be necessary and convenient for an office or place '"'^y- 
for the transaction of its business, and such as may be con- 
veyed to said corporation as security or in payment of debts 
or purchased by it at sales under judgments or decrees re- 
covered by or belonging to said corporation and such per- 
sonal property as may be necessary and convenient for its 
business. 

§ 12. It is made the duty of said corporation when ^^ounty'^courtgf 
authorized by the court, to receive and hold as depositary 
all moneys which may hereafter come to or be paid into 
either of the courts of LaSalle county, sitting either in com- 
mon law or in chancery subject at all times to such rules 
and regulations concerning the management of such moneys 
as the judges of said courts may from time to time make 
or prescribe notincor.sistent with the provisions of this act. 

§ 13. It shall be lawful for said corporation to vest ^Xckflndj^ 
moneys which they shall receive in any stocks of the United curiues. 
States, or in securities for the redemption and payment of 
which the faith of any state in the Union shall be pledged 
or in the bonds secured by mortgage upon unincumbered 
real estates in the city of Ottawa, worth at least double the 
amount loaned or upon any other security which shall be 
deemed by the board of trustees or their finance committee 
to be amply sufficient and also to make temporary deposits 
in any of the banks incorporated under the laws of this 
state, located in the city of Ottawa or in any incorporated 
bank in the city of New York, and to receive interest thereon 
at such rates not exceeding that allowed by law, as may be 
agreed u^Don. 



86 BANKING INSTITUTIONS, ETC. 

Surplus funds. § 14. The Said corporation is hereby authorized to accn- 
mulate gradually and hold invested a surplus fund not 
exceeding live per cent, on the amount of the deposits, to 
the end that in case of reduction in the market price of any 
of the securities held by said corporation below the par 
value thereof, any loss to depositors by reason of such re- 

ATaiiabie fund ^^'^ctiou may be prevented and made good by said fund, and 
Tai a e un . ^^^ hereby authorized to hold an available fund not exceed- 
ing one-third of tlie total amount of deposits with said 
institution, which they may keep to meet the current pay- 
ments of said corporation, and which may be kept on deposit 
on interest, or otherwise, in such available form as the trus- 
tees may direct. The accumulated fund of five per cent. 

Taxation. herein provided for, and the real and personal property be- 
longing to said corporation, shall be liable to taxation as 
other real and personal estate, but said corporation shall 
not be liable to taxation on deposits made therein or on 
any security or securities taken for, or on any investment or 
investments of the same. 

Annual meet- § 15. The annual meeting of the trustees of said corpo- 

*"^^' ration shall be held in the city of Ottawa some time in the 

month of July in each year and at such other times as they 

Noiiae of. ^lay judge expedient, of which meeting notice shall be 
given as may be directed by the by-laws of the corporation. 
The said corporation shall be and hereby are vested with 
the power of making by-laws for the more orderly manage- 

Proviso. ment of the business of the same, provided they are not 

repugnant to the laws of the state. 

Officers' secu- g 16. The Subordinate officers of said corporation shall 

^ '^* respectively give such security for' their fidelity and good 

conduct as the board of managers may from time to time 
require, and said board shall fix the salaries of such officers : 

Proviso. /Provided, that any and all sums of money, with the accu- 

mulated interest thereon remaining unclaimed for the space 
of twenty years, shall deposit the same with the accumu- 
lated interest thereon, with the state treasurer, to be held 
by lien in trust for five years for all claimants. 

Bnsineis and § 17. This Corporation shall not engage in any general 

operations. qj. commercial banking or exchange business, and shall con- 
fine its business exclusively toMhe receipt and care of 
savings and trust funds. "Whenever default shall be made 
in the payment of any debt or liability contracted by the 
corporation the stockholders shall be individually liable 
pro rata according to the shares of stock severally held by 
them, and such liability shall continue until six months 
after the assignment of the stock and publication of a notice 
thereof in the newspaper publishing the letter list of the 
place where the office of the association is located. This 

Organisation, act shall be void unless said company shall organize and 
proceed to business within two years after the passage 
hereof. The said company shall be subject to the provi- 



BANKING INSTITUTIONS, ETC. 87 

sions of any law hereafter passed on the subject of banking, 
trust or deposit companies. 

§ 18. This act shall take effect from and after its pass- 
age, and may be altered, amended or repealed at the 
pleasure of the legislature of this state. 

Approved March 7, 1867. 



AN ACT to incorporate the Danville Savings and Trust Companv. In force March 

7, 1867. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ 7'epresented i7i the General Assemly, That Lewis T. 
Palmer, TVra. J. Moore, Joseph G. English, Y. Lesines and 
Samuel G. Craig, and their associates and successors, and 
such persons as shall become stockholders in the company 
hereby created, shall be a body politic and corporate, l)y 
the name and style of "The Danville Savings Loan and Name and styi* 
Trust Company," to be located in the town of Danville, in i-ocation. 
the county of Vermilion, and state of Illinois, and shall 
have succession, a common seal, with power to sue and be Powers, 
sued, to plead and be impleaded, contract and be contracted 
with, to appoint all necessary officers, servants and assist- 
ants, and may have, enjoy and exercise all the powers 
necessary to carry out and execute the purposes and intents 
of a trust, deposit and loan company. 

§ 2. The capital of the said corporation shall be fifty capital stock. 
thousand dollars, with'liberty to increase the same to five 
hundred thousand dollars, to be subscribed and paid for in 
the manner hereinafter provided, and shall be divided into 
shares of one hundred dollars, which shall be deemed per- 
sonal property, and shall be transferable on the books of 
said company, in such manner as its by-laws may prescribe. 

§ 3. The said corporation shall have power to borrow Business «Bd 

" 1 . ^ ^ -1^ ^ ^ ' , . operations. 

money and receive money on deposit, and pay interest 
thereon, and to loan the said money at any rate of interest, 
not exceeding that now or hereafter allowed by law to 
individuals, and in th€ computation of time thirty days 
shall constitute one month, and twelve months one year, 
arid to take such security, real and personal, as the direc- 
tors or managers of said company shall deem sufficient ; 
may accept and execute all such trusts, whether fiduciary 
or otherwise, as shall or may be committed to it by any 
person or persons or corporation, or by the order and direc- 
tion of any court or tribunal or other legally constituted 
authority of the state of Illinois, or of the United States; 
may make such special regulations in reference to trust 
funds or deposit left for accumulation or safe keeping, as 
shall best aid the said depositors or parties interested by 



88 



BANKING INSTITUTIONS, ETC. 



Poseessi 
real estate and 
property. 



Management 
and direction. 



Election of di- 
rectors. 



Manner of vo- 
ting. 



Payment 
stock shares. 



accuinnlatiiig or increasing the same allowing and recover- 
ing such interest therefor not greater than that hereinbefore 
specified as may be agreed upon, 
of g 4. It shall be lawful for the company hereby incor- 
porated to purchase and hold such real estate as may be 
convenient for the transaction of its business, and to take 
and hold any real estate in trust or otherwise, as security 
for or in payment of loans and debts due or to become due 
to the said corporation or others ; to purchase real estate at 
any sale made in virtue or on account of any loan, debt or 
mortgage or trust made to or held by said corporatiun, and 
to receive and take in satisfaction of an}^ loan or debts any- 
real estate, and hold and convey the same, and to acquire, 
hold and possess and use and enjoy the same; to sell, lease, 
convey and dispose of all such real estate and personal pro- 
perty as it may deem necessary fur the use of said corpora- 
tion, or as may be deemed by the directors proper and 
necessary to carry on the business and accomplish the 
objects of the corporation, or for the promotion of its 
interests. 

§ 5. The affairs of this company shall be managed by a 
board of directors of at least five in number, a majority of 
whom shall constitute a quorum for the transaction of 
business, who shall be stockholders in the corporation. 
The election of such directors shall be had by the stock- 
holders when thirty thousand dollars shall have been sub- 
scribed to the capital stock of said corporation, and ten per 
cent, paid thereon ; any three of the corporators herein 
named shall be commissioners to open books for subscrip- 
tion. 

§ C. The election of directors shall be held annually at 
the ofhce of the corporation, and the board shall give at 
least ten days' notice thereof to the stockholders, in such 
manner as they may determine. Every election for direc- 
tors shall l)e by ballot, and the number of shares owned by 
each stockholder shall be indorsed on the ballot by the per- 
son or persons who may receive the same, and a plurality 
of votes shall elect. Every stockholder shall be entitled to 
one vote for every share of stock standing in his or their 
name on the books of the corporation, and he or they may 
vote in person or by proxy. Any omission or failure to 
elect directors shall not in anywise impair the rights of 
stockholders, depositors or others interested, and the direc- 
tors in office sliall hold over until their successors shall 
have been elected. 

§ 7. Within sixty days after the election of the first 
board of directors, as provided in section five of this act, 
the board of directors shall call in an additional sum often 
dollars per share on each share of said stock, to be paid at 
such time and place as the directors shall appoint, on due 
notice to said subscribers. The shares of every stockholder 



BANKING INSTITUTIONS, ETC. 89 

omitting to make such payment shall be forfeited, together ForCeitures. 
with all previous payments made thei-eon. After tlie pay- 
ment of live dollars per share on the amount subscribed, as 
provided in the foregoing section, the corporation shall be 
considered fully organized, and after the payment of fifteen 
dollars per share on the whole number of live hundred 
shares of the capital stock of this corporation, they may 
commence business in the full enjoyment of the privileges 
of this charter at such place in the said town of Danville 
as the said directors may designate. 

§ 8. The board of directors shall have power to call for Liabilities ot 
the payment of the balance due on the subscription to the stockholders. 
stock of this corporation, at such times as they may deem 
proper, and in the event of the non-payment of the balance 
due by any stockholder on his stock, within. sixty days after 
due notice, it shall be lawful for the directors, at their option, 
to enforce such payments, or to sell at public auction, to the 
best advantage, the amount of stock standing in the name 
of said non-paying stockholder, who shall thereupon cease 
to be a stockholder in the corporation, and tlie purchaser or 
purchasers of said shares of stock shall have and enjoy all 
the privileges and profits accruing or accrued to the said 
shares of stock, and become liable for the payment of all 
calls then due or thereafter made on such shares of stock. 

§ 9. The board of directors shall have power to declare Dividends, 
dividends on the stock of the said corporation from time to 
time, after the accumulation of the profits of said corpora- 
tion shall exceed five per cent, on the amount of capital 
actually paid in : Provided, said dividends shall not reduce proviso, 
the surplus of profits of the corporation below five per cent, 
on the amount of capital actually paid in, but in no case 
shall the amount of any dividend be paid over to any stock- 
holder on his or their stock until the amount of twenty-five 
dollars has been paid in to said corporation. 

§ 10. At any time after the full payment of the original increase of the 
capital of fifty thousand dollars into the corporation as """P'**' ^*°°'^- 
hereinbefore provided, the board of directors may increase 
the capital stock of the corporation to the amount limited, 
or any part thereof, in shares of one hundred dollars each, in 
such manner as may be deemed proper, and such increase 
shall be liable and subject to all the liabilities, immunities 
and privileges of the original stock, as provided in this act. 
Stockholders shall have the option of subscribing to such 
increased stock, ^ro rata, within such time as the directors 
may limit, of which due notice is to be given. 

§ 11. That any real estate acquired in fee by this corpo- Time of holding 
ration, either by purchase or in payment or satisfaction of qu^redln^ee,' 
any loan or debt, and not held in trust or security other ^'°- 
than what shall be necessary for the convenient use of the 
same for the transaction of its business, shall not be held 
bv the said corporation longer than ten years, and shall,- 
Yol. I— 7 



90 BANKING INSTITUTIONS, ETC. 

within that time, be sold and conveyed, either at public or 
private sale, so as to divest the corporation of the title to 

Sale of. and in fee in the same. 

Business and § 12. This Corporation shall not engage in any general 

operations. ^^ Commercial, banking or exchange business, and shall 
confine its business exclusively to the receipt and care of 
savings and trust funds. Whenever default shall be made 
in the payment of any debt or liability contracted by this 
corporation, the stockholders shall be individually liable, 
pro rata, according to the shares severally held by them, 
and such liability shall continue until six months after the 
assignment of the stock and publication of a notice thereof 
in the newspaper publishing the letter list of the place 
where the ofhce of the association is located. 

Time of organi- § 13. This act shall bc void unless said company shall 

zation imi e . q^^^^^^q r^^^^ procccd to busincss within two years after the 

passage hereof. The said company shall be subject to the 

provisions of any law hereafter passed on the "subject of 

banking, trust or deposit companies. 

Period of exist- § 14. The corporatiou hereby created shall exist for the 
vat^on'!^ corpo- ^Q^m of fifty years from the passage of this act. 

§ 15. This act shall take effect and be in force from and 
after its passage, and shall be a public act. 
Approved March 7, 1867. 



In force March -^^ -^^'^ ^^ incorporate the Fulton Savings Bank. 

7, 18C7. 



Name and style. 



Section 1. £e it enacted by the People of the State of 
Illinois, represented in the General AssemUy, That Leon- 
ard F. lloss, Alexander Hull, Henry L. Bryant, Thomas A. 
Boyd, William N. Cline and such other persons as may be- 
come stockholders in the corporation hereby created be and 
are hereby declared and constituted a body corporate, by 
the name and style of " The Fulton Savings Bank ;" and 
may have and use a common seal, and that said bank shall 
be "located at Lewistown, Fulton county, Illinois. 
Capital stock. § 2. The Capital shall be twenty thousand dollars, and 
may be increased by said corporation to any sum not ex- 
ceeding one hundred thousand dollars ; shall be divided 
into shares of fifty dollars each, and deemed personal prop- 
erty. Each subscriber of stock shall pay at the time of 
subscribing twenty per cent, of the sum subscribed, and 
the remainder in such sums and in such manner as may be 
determined by the directors of said corporation. The corpo- 
rators mentioned in section one of this act, or a majority of 
them, may open books for subscription of stock, at Lewis- 
town, Fulton county, Illinois, at such time and place as 



stock subscrip 
tion. 



BANKING INSTITUTIONS, ETC. 91 

they may appoint, upon giving twenty days' notice thereof 
in some paper published in said county ; and when the sum 
of five thousand dollars is subscribed, the said corporation, 
or a majority of them, shall give notice of the time and 
place, in like manner, to the stockholders to meet and elect Election. 
five directors, who shall hold their office until their succes- 
sors are elected under the by-laws of the corporation. The 
directors shall elect a president from their number, and 
such other officers and agents as tbey may deem necessary, 
and shall have power to fill any vacancy in their number. Vacancy. 
At each meeting of the stockholders each share of stock shall 
entitle the owner thereof to cast one vote, in person or by 
proxy : Promded^ that the amount due the corporation on Proviso. 
such shares of stock so proposed to be represented shall 
have been paid, at or before the time of such meeting. 

§ 3. The said corporation shall be authorized to receive Deposits. 
money from any person or persons who may wish to deposit 
the same. Married women and minors may, in their own 
names, subscribe for such stock and deposit money with 
said corporation, and receive certificates of stock and of de- 
posits in tlieir own names, which stock and deposits shall 
be subject to their disposal and order only. All deposits of 
money shall be used and improved in a manner not incon- 
sistent with the laws of this state, or the provisions of this 
act; and any rate of interest not exceeding that allowed by 
law shall be paid for such deposits. 

§ 4, The said corporation may accept and execute all Trusts. 
such trusts, whether fiduciary or other otherwise, as may 
be committed to it by any person or persons, or by the 
order of any court or tribunal in the state of Illinois ; may 
make such special regulation in reference to trust funds, 
deposits or savings as shall best aid the depositors and par- 
ties interested, by accumulating and increasing the same, 
allowing and receiving such rate of interest therefor not 
greater than hereinbefore mentioned, as may be agreed up- 
on. The said corporation shall have power to loan and Loans. 
borrow money, to receive money on deposit, and pay inter- 
est therefor, and to loan money at any rate of interest not 
exceeding ten per cent, per annum. 

§ 5. The business of said corporation shall be conducted ^J^®^*;*^^" ^'^^ 
by the directors, and in such manner as they may deter- 
rnine by their by-laws and ordinances. Three of the 
directors, one of whom shall be president or vice president, 
shall be a quornm for the transaction of business of every 
kind. The officers of the company shall perform such 
duties as may be enjoined upon them by the board of 
directors, and such as are usual in such corporations. 

§ 6. The said corporation shall have power to purchase ^^^'^^gf^^'t" j,n*d 
and hold such real and personal estate as may be convenient 'person^ prop- 
for the transaction of its business ; to take and hold any ^''y- 
real or personal estate as security for the payment of loans 



92 BANKING INSTITUTIONS, ETC. 

or debts due or to become due to said corporation, aud to 
purcluise real and personal estate at any sale to enforce its 
securities, or the payment of debts due, made by virtue of 
any process, mortgai^e or deed of trust, or other instrument, 
and to hold said property, or to sell and convey the same, 
or any part thereof, at such price and under such condi- 
tions as the directors or officers may determine. 
Business and § 7. This Corporation shall not engage in any general 
operations. ^^, commercial, banking or exchange business, and shall con- 
line its business exclusively to the receipts and care of sav- 
ings and trust funds. Whenever default shall be made in 
the payment of any debt or liability contracted by this cor- 
poration, the stjckholders shall be individually liable, jL'ro 
Liabilities of rata, according to the shares of stock severally held by 
stociihoiders. ^^^^^^^ . ^^^^^^ ^^^^^^ liability shall continue until six months 
after the assignment of the stock and publication of a notice 
thereof in the newspaper publishing the letter list of the 
place where the office of the association is located. This 
act shall be subject to any general law that may hereafter 
be passed relating to savings banks or institutions of a sim- 
ilar nature. 
Forfeited stocii § 8, In case any stockholder shall fail to pay any in- 
shares. stallmeut for thirty days after a Call therefoi, the directors 

may declare the stock forfeited to the corporation, together 
with the sums already paid thereon ; or may, at their option, 
sue for and recover the entire amount of subscription re- 
maining unpaid. 
Time of com- § 9. That in casc Said corporation shall not commence 
Xb^usl^TelSete and continue business within two years from the passage 
of this act, the franchises and privileges herein granted 
shall be forfeited. 

§ 10. This act shall take effect from and after its passage, 
and shall be liberally construed for all purposes herein 
contemplated. 



In force March -^^ ^^'^ *° incorporate the City Savings Bank. 

7, 1867. 

Section 1. £e it enacted by the Peajyle of the State of 
Illinois, re/prese7ited in the General Assembly, That Henry 

Corporators, Schneider, Edward C. Dew, Simon C. Demutb, Jjiujcs B. 
Smith, John McCabe and James W. Peterson, of Carlyle, 
Clinton county, Illinois, their associates, successors and 
assigns, and sucli as may become stockholders in the corpo- 
ration hereby created, shall be and are hereby made a 
body politic and corporate, under the name and style of 

Nameandstyie. "The City Savings J3ank," with perpetual succession; and 



BANKING INSTITUTIONS, ETC. 93 

by that name may sue and be sued in all courts whatsoever; 
may have and use a common seal, and change the same at 
pleasure. The capital stock shall be titty t!u)usand dollars, capital stock. 
but may be increased by a vote of the stockholders repre- 
senting a majority of the capital stock ; and the shares 
shall be one hundred dollars each, which shall be payable, 
as may be required by the board of directors, and shall be 
deemed personal property, and shall be transferable on the 
books of the corporation in such mauner as its by law;^ may 
prescribe. 

§ 2. The corporation shall have power to borrow money 
and to receive money on deposit, and to pay interest there- 
on, and to loan money at any rate of interest not exceeding 
that allowed by law to individuals ; to take real or personal 
property as security for loans. 

§ 3. The corporation shall have power to acquire, hold, ^e°t,joyment*°of 
use and pos^ess and enjoy, and the same to sell, lease, con- real estate and 
vey and dispose of all such real estate and personal property ^"^"^^^ ^' 
as may be deemed by the directors proper and necessary to 
carry on the business and accomplish the object of the cor- 
poration, and for the promotion of its interests; and may 
make, ordain and put into execution such by-laws, rules and, 
regulations not repugnant to the laws of the United States 
or tins state. 

§ 4. The alFairs of this corporation shall be managed by '^'nd'^^d^ection 
a board of directors, at least live in number, who shall be of affairs. 
stockholders. Their election shall be had by the stock- 
holders as soon as the capital stock of tifty thousand dollars 
shall be subscribed, and ten per cent, be paid thereon. 

§ 5. The board of directors shall be elected annually, 
and the outgoing board shall give at least ten days' notice to 
all stockholders of such election, in such manner as the by- 
laws may provide. All elections shall be by ballot, and 
every stockholder shall be entitled to one vote for each 
share of stock held by him or her, or them, and votes may 
be cast in person or by proxy. No stockholder shall .be 
entitled to vote who is in arrears to the comj)any with the 
payment of the capital stock called for and due at the time 
of election. 

§ 6. Minors and married women shall have the right to Ki'siits oj mi- 

!•,. .,.1 ... ", nors and mar- 

cleposit money with said company m their own names, and ned women. 
without their husbands' or guardians' consent receive certi- 
ficates therefor in their own names, and such deposits shall 
be subject to the owners only. 

§ 7. All certificates or evidences of deposit made by the Evidences of 

,,. 1111 ,. , ,.^11 "^ • deposits effec- 

proper oihcer shall be as etiectual to bind the corporation tuai and bind- 
as if they were under the common seal thereof; and no '"^' 
stockholder or depositor not being in his individual capacity 
a party to any suit iu which the said corporation may be a 
party shall be deemed incompetent as a witness. 



94: 



BANKING INSTITUTIONS, ETC. 



Organization. 



Stock subscrip- § 8. The corporators mentioned in section one of this 
**°°- act, or any three of them, shall, wilhin six months from the 

passage of this act, open books for subscription of stock, 
at such time and place as they may appoint, giving twenty 
days' notice at least, in some newspaper published in Car- 
lyle, in the county of Clinton, Illinois ; and unless the cor- 
poration hereby created shall become organized within two 
years from the passage of this act, this act shall cease and 
become void. The fact of such organization shall be evi- 
denced by a certificate thereof, made by the president and 
secretary, or any two directors of the corporation, under 
their respective oaths, and filed with the secretary of state, 
within sixty days from the date of such organization. 

§ 9. This corporation shall not engage in any general 
or commercial, banking or exchange businesss, and shall 
confine its business exclusively to the receipt and care of sav- 
ings and trust funds. Whenever default shall be made in the 
payment of any debt or liability contracted by this corpora- 
tion, the stockholders shall be individually liable, fro rata, 
according to the shares of stock severally held by them, and 
such liability shall continue until six months after the assign- 
' ment of the stock, and publication of a notice thereof in 
the newspaper publishing the letter list of the place where 
'*Jl,„l".^''i™J° the office of the association is located. This act shall be sub- 
ject to any general law that may hereaifer be passed rela- 
ting to savings banks or institutions of a similar nature : 
And it is further provided, that in case said corporation 
shall not commence and continue business within two years 
from the passage ot this act, the franchises and privileges 
herein granted shall be forfeited, 

§ 10. This act shall be a public act, and be in force from 
and after its passage. 



Business and 
operations. 



Stockholders' 
liabilities. 



general laws. 



In force March 
1, 1867. 



AN ACT to incorporate the International Mutual Trust Company. 



Section 1. Be it enacted 3y the People of the State of 
Illinois, represented in. the General Assembly, That Hugh 
Maher, B. Caulfield, M. A, Rorke and Philip Conley, and 
their associates, successors and assigns, and all such persons 
as shall become lawiul stockholders in the company hereby 
created, shall be a body politic and corporate by the name 
Naraeandstyie. and Style of "The International Mutual Trust Company," 
and shall have succession, nuiy have and use a common 
Powers of cor- Seal, and the same to change, alter or renew at pleas- 
poration. ^^^^ power to plead and be impleaded, to appoint ail ne- 
cessary officers, managers, agents or employees, and may 



BANKING INSTITUTIONS, ETC. 95 

have, enjoy and exercise all the power needful to carry out, 
execute and fulfill all the powers and duties authorized or 
incidentally required by this act. The head office of said Head office, 
company shall be located at the city of Chicago, in the state 
of Illinois. 

§ 2. A. majority of the corporators herein named may gto^^ subscrip- 
proceed to open books for subscription to the stock of said ^^°^- 
company, and shall at the same time, or thereafter, desig- 
nate a time and place for the first election of a board of 
managers of said company by parties subscribing to the share votes, 
stock thereof, and each share of stock so subscribed for shall 
be entitled to one vote in person or by proxy. 

§ 3. The capital of said company, may be acquired by capital. 
issue and sale of certificates of shares therein, in such sums 
per share and with such grades of preference as to a share or 
shares in the dividends of the net profits of the company, 
and with such terms and conditions in relation to such divi- 
dends and as to retirement of such shares or any portion 
thereof, as the said board of managers may deem proper to 

fix or establish. ^ ^ Extent of capi- 

§ 4. Said capital may be acquired to the extent of five **'• 
hundred thousand dollars, and until one hundred thousand 
dollars of said capital shall be paid in in cash the said com- 
pany shall not exercise any of the powers, rights and privi- 
leges given by this act of incorporation, except as between 
individual owners of shares in siid capital, and the said 
company. Shares in said capital shall be deemed personal 
property, and shall be transferable only upon the books of 
said company in such manner ns its by-laws may prescribe. Business and 

§ 5. The said company shall have power to loan money, operations. 
either within or without this state, at any rate of interest 
not exceeding that now or hereafter allowed by law to pri- 
vate individuals, and to make such loans payable either 
within or without this state, and in the lawful money of the 
state or country in which the same is made payable, and to 
take such securities therefor, real or personal, or both, as 
the board of managers of said company shall deem suffi- 
cient, and may secure the payment of such loans by deeds of 
trust, mortgages or other securities, either within or with- 
out this state ; and may buy or sell exchange, bills, notes, 
bonds, or other securities ; may have and hold money, and 
may issue letters of credit : provided, nevertheless, that the 
said board of managers, or the said company, shall not loan 
out any of the said capital or the increase or accumulation 
thereof, nor the funds of any trust confided to the said board 
of managers or to the said company, except upon pledge of 
merchantable collateral securities. Possession of 

§ 6. It may be lawful for the company hereby incor- '■^*' *^'*'^- 
porated to purchase and hold such real estate as may be 
convenient and needful in the transaction of its business, 
and to take and hold any real estate in trust, or otherwise, 



9b BANKING INSTITUTIONS) ETC. 

as security for oi* in payment of loans and debts due or to 
become due to said corporation ; to purchase real estate at 
any sale made in virtue of or on account of any loan or 
mortgage or trust made to or held by or for said company, 
or in which it is interested ; and to receive and take in sat- 
isfaction of any loan or debt any real or personal estate) 
and to hold, use, improve and convey the same. 
Management § 7. The affairs of the company shall be managed by a 

and direction, i^q^.^j Qf managers, at least three in number. After the 
first election, as is herein provided, the board of managers 
shall be elected by the stockholders, at such times and 
places, and in such manner as shall be established by the 
by-laws of said com^pan^^ The board of managers of said 
company shall be elected annually, but any failure or omis- 
sion to elect a board of managers shall in nowise impair or 
affect the rights or interests of stockholders or others inter- 
ested. 
Annual meet- § ^- There shall be a meeting of the stockholders at the 
in,2s of stock- office of the company, in Chicago, on the second Wednes- 
day of May of each and every year. Six stockholders rep- 
resenting, either by ownership or proxy, one-half of the 
capital stock of the company, shall constitute a quorum for 
the transaction of business. 
Contracts, etc., § 9. Contracts and instruments to which said company 
oufc'^'"s^ear"of *^^7 ^6 a paity, shall be valid and binding with or without 
company. the Seal of Said company attached. 
Loans. § 10- No loan shall be made to any stockholder on 

pledge of his or her shares in the said capital. 
B -laws etc §11- 'Tlic board of managers shall have the right to 

^ "^^ ' " form by-laws for the appointment of other officers, agents, 
employees and others necessary for the service of tlie com- 
pany, and for regulating their own proceedings and the ope- 
rations of the company : Provided, that they shall contain 
nothing inconsistent with this act or the laws of this state, 
stockholders' § 12. The stockholders herein shall be responsible in 
alfdhabiS!' ^1^6''^ ^" property in double the amount of their 

stock, to make good all losses to depositors or others, and no 
assignment of their stock shall release them from said lia- 
bility, until after the fact of such assignment and name 
of the person to whom made and the amount of said 
stock shall have been advertised in some public newspaper 
printed in the county where this corporation is doing busi- 
ness and located for the period of three months. 
Time of organi- This act shall be void unless said company shall organize 
zation limited, and proceed to business within two years after the passage 
hereof. The said company shall be subject to the pro- 
visions of any law hereafter passed on the subject of bank- 
ing, trust or deposit companies. 

§ 13. This act shall be a public act, and take effect from 
and after its passage. 



BANKING INSTITUTIONS, ETC. 97 



AN ACT to incorporate the Ottawa Savings Bank. In force March 

' "= 7, 1867. 

Section 1. Be it enacted hy the People of the State of 
llliuois^repiesentedinthe General Assembly^ That Frederick 
A. Sherwood, EichardTlioriie, Edwin li. Fay, Alson Ward, 
John P. Anthony, John F. McKinley, and Edward L. 
Herrick and their associates and successors and assigns, 
and all such persons as shall become stockholders in the 
company hereby created, shall be a body politic and corpo- 
rate, by the name and style uf " The Ottawa Savings Bank," Name and s»yie. 
and shall have succession and a common seal, which they 
may alter at pleasure, with the power to sue and be sued, ^°^®"- 
to plead and be impleaded, to appoint all necessary officers, 
servants and assistants, and may have, enjoy and exercise 
all the powers necessary to carry out and execute the pur- 
poses and intent of a general savings bank. 

§ 2, The capital stock of said company shall be fifty capital stock, 
thousand dollars, with liberty to increase the same to two 
hundred thousand dollars, to be subscribed and paid for in 
the manner which may be prescribed by the by-laws to be 
adopted by said company, and shall be divided into shares 
of one hundred dollars each, which shall be deemed per- 
sonal property, and shall be transferable on the books of 
the said company in such manner as its by-laws may 
prescribe. 

§ 3. Any three of the corporators herein named may stock subscrip- 
proceed to open books for the subscription to the capital 
stock of said company, and shall, at the same time or there- 
after, designate a time and place for the first election of 
trustees of said company by parties subscribing to the stock 
thereof, and each share of the stock so subscribed for shall 
be entitled to one vote, but no election of trustees shall 
take place until the fifty thousand dollars original capital 
stock is all subscribed for. 

§ i. The ajffairs of this company shall be managed by Management 
aboard of trustees, of at least five, who shall be stock- ofaffafrs.^^*'"'' 
holders in the company, and after the first election as herein 
provided, the trustees shall be elected by the stockholders 
at such time and place and in such manner as shall be 
established by the by-laws of said company. The trustees 
of said company shall be elected annually, but any failure 
or omission to elect trustees shall in nowise impair or aflect 
the rights and powers of the trustees holding over or the 
rights or interests of the stockholders, depositors or any 
others interested. The trustees shall elect a president, vice- 
president and a cashier from their body annually, and make 
and execute such by-laws as may be necessary and conve- 
nient for the proper prosecution of its business, not incon- 
sistent with this act or with the laws of this state or of the 
United States. 



BANKING INSTITUTIONS, ETC. 

§ 5. The general business and objects of the corporation 
hereby created, shall be and it is hereby authorized to re- 
ceive on deposit such sums of money as may be from time 
to time offered therefor, which shall be repaid to each 
depositor when required, at such time and on such notice, 
and with such interest and under such regulations as the 
board of trustees shall from time to time prescribe, and to 
safely loan and invest the same, and to do and transact such 
other business as shall appertain thereto, and to receiving, 
safely keeping and investing money and all valuable secu- 
rities and property. 

^r°eaYestate. °^ § ^- ^^ &hsd\ be lawful for the company hereby incorpo- 
rated to purchase and hold such real estate as may be 
convenient for the transaction of its business and to take 
and hold any real estate in trust or otherwise as security for 
or in payment of loans and debts due or to become due to 
the said company ; to purchase real estate at any sale made 
in virtue of any loan, debt or mortgage made to or held by 
the said company ; and to receive and take in satisfaction of 
any such loan or debt any real estate, and to hold and con- 
vey the same. 

Dividends. g 7^ The board of trustees shall have the power to 

declare dividends on the stock of the said company from 
time to time, provided that in no case shall the amount of 
any dividend to be paid over to any stockholder on his or 
their stock until the full amount per share has been paid iu 
to the said company. 

Increase of cap- R y, At any time after the full payment of the orifrinal 

ital stock. ". , „ „ -J T 1 n • ^ 1 1 

capital ot fitty thousand dollars into the company, as liere- 
in before provided, the board of trustees may increase the 
capital of the company to the amount limited, or any part 
thereof, in shares of one hundred dollars each, in such 
manner as they may deem proper, and said increased stock 
shall be subject to all the liabilities, immunities and privi- 
leges of the original stock provided in this act. 
Deposits of mi- ft 9^ When any deposit is made by any person beino; a 

nors and mar- ." , "^ . K .^ 1 1 <■ "^ 

lied women, minor, or by a married womau, or a female thereafter be- 
coming a married woman, in their own name, the said cor- 
poration may pay to each depositor such sums as may 
be dne to him or her, and the receipt or acquittance of such 
minor or married woman shall be a legal discharge to said 
corporation therefor. 

Exclusive busi- « iQ, This Corporation shall not engage in any general 
or commercial, banking or exciiange business, and shall con- 
fine its business exclusively to the receipt and care of 
savings and trust funds ; whenever default shall be made in 
the payment of any debt or liability contracted by this cor- 
poration the stockholders shall be individually liable, J9r^ 
rata, according to the shares of stock severally held by thera, 
aud such liability shall continue until six months after the 
assignment of the stock and publication of a notice thereof 



stockholders' 
liabilities. 



BANKING INSTITUTIONS, ETC. »» 

in the newspaper publishing the letter list of the place 
where the office of the association is located. This act 
shall be subject to any general law that may hereafter be ^"^g^e^j^J^iaJg" 
passed relating to savings banks or institutions of a similar etc. 
nature : And it is hereby provided^ that in case said corpo- 
ration shall not commence and continue business within two 
years from the passage of this act, the franchises and privi- Forfeiture. 
leges herein granted shall be forfeited. 

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

Appeoved March 7, 1867. 



AN ACT to incorporate the Madison County Land and Loan Company. In force March 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That Larkin 
C. Keown, Charles W. Dimmock, senior, and Andrew W. 
Metcalf, and their associates, heirs and assigns, and all such 
persons as shall become stocJkholders in the corporation 
hereby created, and their successors shall be a body politic 
and corporate, by the name and style of "The Madison Name and style. 
County Land and Loan Company," shall have a common 
seal, may sue and be sued, make contracts and have and 
exercise all the powers and privileges and be subject to all Powers. 
the liabilities of a body corporate and politic, and shall be 
located at Ed wards ville, Illinois. 

§ 2. The capital stock of said company shall be one capital stock. 
hundred thousand dollars and shall be subscribed and paid 
for in the manner prescribed b}' the by-laws ; it shall be 
divided into shares" of one hundred dollars each, to be 
deemed personal property, and transferable as such on the 
books of the company, in such manner as the by-laws may 
prescribe. The capital stock may be increased from time increase of. 
to time to an amount not exceeding five hundred thousand 
dollars. Each share of stock shall entitle the holder thereof 
to one vote for the purpose of increasing the capital stock. 

§ 3. The, said corporation shall have power to borrow ^J^«j°®^?^^g^^°^ 
money and to receive money on deposit and pay interest 
thereon, and to loan money, either within or without this 
state at any rate of interest not exceeding that now or here- 
after allowed bylaw to private individuals, and to discount 
loans, and in computation of time thirty (30) days shall be 
a month, and twelve (12) months a year, and to make such 
loan payable either within or without this state, and to take 
such securities therefor, real or personal, or both, as the 
directors or managers of said corporation shall deem suffi- 
cient, and may secure the payment of such loans by deeds 



100 BANKING INSTITUTIONS, ETC. 

of trust, mortgages or other securities, either within or 
without this state, and maj buy and sell negotiable paper 
or other securities ; may open and establish a real estate 
agency ; may purchase and sell real estate, and shall have 
power to convey the same in any mode prescribed by the 
by-laws of such corporation ; may accept and execute all 
such trusts, whether fiduciary or otherwise, as shall or may 
be committed to it by any person or persons, or by order of 
any court or tribunal, or other legally constituted authority 
of the state of Illinois or of the United States or elsewhere; 
may make such special regulations in reference to trust 
funds or deposits left for accumulation or safe keeping, as 
shall be agreed upon with the depositors or parties inter- 
ested, for the purpose of accumulating or increasing the 
same ; may issue letters of credit and other commercial obli- 
gations not however to circulate as money, and may secure 
the payment of any loans made to said company in any way 
the directors may prescribe. 
Subscriptions of § 4. Married women and niinors may, in their own 
raLm^ld w"*^ names, subscribe for stock and deposit money with said cor- 
""^°- poration, and receive certificates of stock and deposits in 

their own names, which stock and deposits shall be subject 
to their order and disposal only. 
Purchase and § 5. It may bo lawful for the company to purchase and 
refrestat". ° hold such real estate as may be convenient and useful for 
the transaction of its business, and also to take and hold 
any real estate, in trust or otherwise, as security for or in 
payment of loans and debts tiue and to become due to said 
company ; to bid for and purchase real estate at any sale, 
whether made in virtue or on account of any loan, or mort- 
gage, or trust made to or held by or for said company, or in 
which it is interested or otherwise, and to receive in satis- 
faction of any loan or debt any real or personal estate, and 
to hold, use, lease and convey the same. 
DirectorB. § 6. The affairs of the company shall be managed by a 

board of directors, at least three in number, who shall hold 
Term of office, their officcsfor oueycar, and until their successors are elected 
and qualified. The directors shall have power to appoinl; 
Officers and their officcrs and agents and prescribe their duties, and 
£igen 8. ^^^^^ ^^_^ gjj vacancies that may occur in the board of di- 

rectors. The directors shall have power and authority to 
By-laws, rules, make by-laws, rules and regulations for the government and 
^''°' well ordering of the business affairs and ofRcers of said 

company. They shall have the right and power to deter- 
Mannerof pay. ™i"G the time and manner in which installments upon 
mfnts'ltc" capital stock shall be paid and may declare forfeited any 
. ' ' share or shares of stock on which remains due and unpaid 
any such installment for the period of thirty days, together 
with all sums paid thereon, or at their option, may sue for 
and recover the entire amount of subscription remaining 
unpaid. 



BANKING INSTITUTIONS, ETC. 101 

§ 7. The stockholders lierein shall be responsible, in stockholders- 
their individual property, in double the amount of their •'^'^'i'*'^^, etc 
stock, to make good all losses to depositors or others, and no 
assignment of tlieir stock shall release them from said lia- 
bility until after the fact of such assignment and name of 
the person to whom made and the amount of said stock 
shall have been advertised in some public newspaper printed 
in the county where this corporation is doing business and 
located for the period of three months. 

§ 8. This act shall be void unless said company shall l™'*^^ time of 
organize and proceed to business within two years after the °'^'*°''^''°°- 
passage hereof. The said company shall be subject to the subject to gen- 
pro visions of any law hereafter passed on the subject of ^"'^^ ^^'^^' ^^''• 
banking, trust or deposit companies. 

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

Approved March 8, 1867. 



I 



AX ACT to incorporate the DeWitt County Loan and Trust Company. In force March 

8, 1867, 

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

Ilhnois, represented in the General Assembly, That John corporators. 

■ Warner, Henry Magill, Samuel Magill, Robert Magill, and 

their associates aind successors, and such persons as shall 

.become stockholders in the company hereby created, shall 

"TL^nJl^'^l'n ^'^^ T'°'^'''J'^a.'^^' "^^^^" and style of ,^_ and sty.e 
ihe DeWitt County Loan and Trust Company," to be 

located in the city of Clinton, county of DeWitt, Illinois, 

and shall have succession, a common seal, with power to corporate pow- 

sue and be sued, to plead and be impleaded, contract and ^''• 

be contracted with, to appoint all necessary officers, servants 

and assistants, and may have, enjoy and exercise all powers 

necessary to carry out and execute the powers and intents 

01 a banking and loan company. 

§ 2. The capital of said corporation shall be fifty thousand capital stock. 
dollars, with liberty to increase the same to five hundred 
thousand dollars, to be subscribed and paid for in the man- 
ner hereafter previded, and shall be divided into shares of 
one hundred dollars, which shall be deemed personal prop- 
erty, and shall be subscribed on the books of said company 
in such manner as its by-laws may prescribe. 

§ 3. The said corporation shall have power to borrow Business and 
money and receive money on deposit, and to loan the said "p^-^^*'"""- 
money at any rate of interest not exceeding that now or 
hereatter by law allowed to individuals, and to discount in 
accordance with bank usage ; and in the computation of 
time thirty days shall constitute one month, and twelve 



102 BANKING INSTITUTIONS, ETC. 

months one year ; and to take such security, real and per- 
sonal, as the directors or managers of said company shall 
deem sufficient, and may buy and sell exchange, bills, 
notes, bonds or other securities, may have and hold coin 
and bullion, and buy and sell the same j may accept 
and execute all such trusts, whether fiduciary or other- 
wise, as shall or may be committed to it, by any per- 
son, persons or corporation, or by the order and direction 
of any court or tribunal, or other legally constituted author- 
ity of the state of Illinois, or of the United States ; may 
make such special regulations in reference to trust funds as 
shall best aid such depositors or parties interested ; may 
grant and purchase annuities, issue letters of credit, certifi- 
cates of deposit, and other commercial obligations : Provi- 
ded^ the same shall not be in the similitude of bank notes, 
or other evidences of debt, designed to be circulated as 
money. This corporation shall not take on deposit any 
savings or trust funds, or in any way engage in a savings 
bank business. 
Purchase and §4:. It sliall bc lawful for the Company hereby iucorpo- 
reafestite °^ rated to purchase and hold such real estate as may be con- 
venient for the transaction of its business, and to take and 
hold any real estate in trust, or otherwise, as security for 
the payment of loans and debts, due or to become due to 
said corporation or others ; to purchase real estate at any 
sale made in virtue, or on account of any loan, debt or mort- 
gage, or trust, made to or held by said corporation, and to 
receive and take in satisfaction of any loan or debt, any 
real estate, and hold and convey the same ; and to acquire, 
hold, possess and use and enjoy the same, to sell, lease, con- 
vey and dispose of all such real estate and personal prop- 
erty as it may deem necessary for the use of said corpora- 
tion, or as may be deemed by the directors proper and 
necessary to carry on the business, and accomplish the ob- 
jects of the corporation or the promotion of its interests. 
Management § 5. The atfairs of tliis company shall be managed by a 
and direction, j^^^j.^^ ^f directors of at least five in number, a majority of 
whom shall constitute a quorum for the transaction of busi- 
ness, who shall be stockholders in the corporation. The elec- 
tion of said directors shall be had by the stockholders, when 
thirty thousand dollars shall have been subscribed to the 
capital stock of said corporation, and ten per cent, paid 
thereon ; and three of the corporators herein named shall 
be commissioners to open books for subscription. 
Election of di- § ^' "^^^ election of directors shall be held annually at 
rectors. the office of the corporation, and the board shall give at 

least ten days' notice thereof to the stockholders, in such 
manner as they may determine ; every election for direc- 
tors shall be by ballot, and the number of shares owned by 
each stockholder shall be indorsed on the ballot by the 
person or persons who may receive the same ; and a plu- 



BANKING INSTITUTIONS, ETC. IQ3 

rality of votes shall elect ; every stockholder shall be enti- 
t ed to one vote tor every share of stock standing in his or 
their name on the books of the corporation ; and he or thev 
may vote m person or by proxy. Any omission or failur"e 
to elect directors shall not in anywise impair the n>hts of 
stockholders, depositors or others interested, and th?direc- 
TeeV eleS *'^^'' ""^'' ^^'^"' '"^'^^^^^s shall have 

K ^ I' f f-'^^^Y" ^'""^^ "^^^^ ''^'^'^^ ^^'^ ejection of the first Calls for stock 

board ot directors, as provided in section five of this act '''"■"'• 
the board of directors shall call in an additional sum often 
dollars per share on each share of said stock, to be paid at 
such time and place as the directors shall appoint, on due 
notice to said subscribers. The shares of every stockholder Forf.itPH 
omitting to make such payment shall be forfeited, toother ^^-- 
with all previous payments made thereon. After the pay- 
ment of fave dollars per share on the amount subscribed, as 
provided in the foregoing section, the corporation sliall be 
considered fully organized, and after the payment of fifteen Organizatio'n. 
dollars per share on the whole number of five hundred 
shares ot the capital stock of the corporation, they may 

o?nrZ ^'"''T'^ ;" 1^' ^"" enjoyment of th^ privilege! 
of this charter, at such place in the said city as the said direc- 



tors may designate 



^nlL T ? T'f °, directors shall have power to call for the caiis for pay- 
Keco otSion'r'^^r '"" '^^ subscription to the stock Z.f^.lo^ 
of the corporation at such time as they may deem proper; and -'^-"p^--- 
TJS.Z I^' non-payment of the balance due by anv 

st^l btT.wf. W-'^'.?^'' f'^''' '''''^ '^^y' ^^'"'^ ^^^^ notice, 
snPh i; / ?' the directors, at their option, to enforce Enforce„,entof 

irp^Z '"''". 'f ^\^''^^'' auction, to the best ad- ''^''^-'^' 
vantage the amount of stock standing in the name of the 

belrS;"f stockholder, who shall thereuporceaL to 
De a stockholder m the corporation, and the purchaser or 

wS^ o^^^^^^^^^ ??^^' ^''f"^"^^ °^ account of tlie said 

snaies of stock, and become liable for the payment of all 

^9 tIIT ''r7f'' ™^^^ '^ -^^^ shLrof stock 
diWdends on Ct ""{^7'^''' '\^^^ ^^^^ POwer to declare D.^dends. 
auiaenas on the stock of the said corporation from time to 

Sr'stln'exrd^r"'^""" °f "'^ P™^'^ "'sard™ /a" 
s opk .rf .?! M^-^* per cent, on the amount of capital 

BCi cent on tl,„ ^?f^ "f """^ corporation below five 

mbefore provided, the board of directorsTay Sease the 



104: BANKNG INSTITUTIONS, ETC. 

Subscription to capital stock of the corporation to the amount limited, or 
''"='^^'^- any part thereof, in shares of one hundred dollars each, 
in such n^anner as may be deemed proper, and such increase 
shall be liable and subject to all the liabilities, imnnmities 
and privileges of the original stock, as provided m this act. 
Stockholders shall have the option of subscribing to such 
increased &tock, j>ro rata, within such time as the directors 
may limit, of which due notice is to be given _ 

Timeofhoiding § 11. That any real estate, acquired m fee, by this cor- 
real estate. po,ation, either by purchase, or m payment or satisfaction 
of any loan or debt, and not held in trust or security by 
other than what shall be necessary for the convenient use 
of the same for the transaction of its business, shall not be 
held by the said corporation longer than ten years, and 
shall within that time be sold and conveyed, either at pub- 
lic or private sale, so as to divest the corporation ot the title 
to and fee in the same. :, , n • . ^ n 

Exiatenco of § 12. The Corporation hereby created shall exist tor the 
corporation. ^^^^^ ^^ twcnty-tive ycars from the passage ot this ac . _ ihe 
stockholders' • stockholders herein shall be responsible in their individual 
'■''"'"''■ property in double the amount of their stock to make good 
all losses to depositors others ; and no assignment ot then- 
stock shall release them from said liability until alter the 
fact of such assignment, and the name ot the person to 
whom made, and the amount of said stock shall nave been 
advertised in some public newspaper, printed m the county 
where this corporation is doing business and located tor 
the period of three months. This act shall be void un ess 

Lin.it Of tin.e of Said compauy shall organize and P^^f ^^Vi'p^^^^JJJ^^^^V^^^^; 

organization. ^^^,^^ ^g after the passage hereof. The said company 
shall be subiect to the provisions of any law hereafter 
passed on the subject of banking, trust or deposit compa- 



nies 



f'lS This act shall take effect and be in force and from 
and after its passage, and shall be a public act. 
Appkoved March 8, 186T-. 



, AN ACT to incorporate the National Loan and Trust Company of Chicago. 
In force Msivch ■^'■^ ^^'- * 

''''''* Section 1. Be it enaoted by the People of the State of 

Illinois, represeniedin the General Assembly, That L. Lren- 

corporator. taiH., E. S. Solomou, A. F. Stevenson, G. Stevenson, A. Lo- 
beck and their associates and successors, and all such peisons 
as shall become stockholders in the company hereby created, 
shall be a body politic and corporate, by the name and style 

Nameandatyie of " The National Loau and Trust Company of Chicago 
with all the powers incident, necessary and useful to coipo- 



BANKINa INSTITUTIONS, ETC. 105 

rations ; and as such are authorized to exorcise all the pow- Powers. 
ers requisite to carry out and execute all the purposes and 
intents of this act ; shall have perpetual succession, and a 
common seal, which they may change and alter at pleasure, 
and sue and be sued, implead and be impleaded : Frovided, 
this company shall organize within two years. 

§ 2. A majority of the corporators hereby named may stock subserip- 
proceed to open books for subscription to the capital stock *'""• 
of said corporation, and shall at the same time, or there- 
after, designate a time and place for the first election of 
directors of said corporation, by persons subscribing to the 
capital stock thereof; and each share of the capital stock 
so subscribed for shall be entitled to one vote. 

§ 3. The capital stock of said corporation shall be fifty Capital stock. 
thousand dollars, with power to increase the same to five 
hundred thousand dollars ; to be subscribed and paid for in 
the manner prescribed by the by-laws, to be framed by said 
corporation, and shall be divided into shares of one hundred 
dollars each, which shall be deemed personal property, and 
shall be transferred on the books of said corporation in such 
manner as its by-laws may prescribe ; and each stockholder stockholders' 
shall be liable to double the amount of stock held or owned '* ' ' '^^' 
by him, and for three months after giving notice of trans- 
fers, as hereinafter mentioned. 

§ 4. The said corporation shall have power to borrow Business and 
money and receive money on deposit, and to loan money °p^'^^^°'^^- 
within or without this state, at any rate of interest, not ex- 
ceeding that now or hereafter allowed by law to individu- 
als ; and to discount according to the usage of banks ; to 
makssuch loans payable within or without the state, and to 
take such securities therefor, real or personal, or both, as 
the directors of the corporation may deem sufficient, and 
may secure the payment of such loans by mortgage or 
other securities, either within or without the state, and 
may buy and sell bills, notes, bonds, exchange or other 
securities ; may have and hold bullion and coin ; may ac- 
cept all trusts, either fiduciary or otherwise, as may be com- 
mitted to their care by any person or persons, or by any 
court or tribunal ; may make such special arrangements in 
reference to trust funds or special deposits, left for safe 
keeping, as may be agreed upon with the depositors or par- 
ties interested ; and may issue letters of credit, or other 
commercial obligations : Provided, such obligations be 
not in the form of bank notes for general circulation. 

§ 5. It shall be lawful for the corporation hereby incor- Possession of 
porated to purchase and hold such real estate as may be property!^ ^'''^ 
convenient for the transaction of its business, and to take 
and hold any real estate in trust or otherwise, as security 
for and in payment of loans, or for debts due or to become 
due to said corporation ; to purchase real estate at any sale 
made in virtue or on account of any loan or mortgage, or 
Vol.L-8 ^ 



106 



By-laws. 



Transfer of 
stock. 



BANKING INSTITUTIONS, ETC. 

trust, made to or held by or for said corporation, or in 
which it is interested ; and to receive or take in satisfac- 
tion of any loan or debt and to hold and improve and con- ' 
vey the same. 

I 6. The afltairs of the corporation shall be managed by 
a board of not less than three directors, who shall be elected 
at such time and place as may be prescribed by the by- 
laws ; and shall hold their office for one year, and until 
their successors are elected and qualiiied. 

§ 7. The directors shall have power to form by-laws for 
the management and control of the affairs of the corpora- 
tion, not inconsistent with the laws of this state and the 
United States ; and to declare dividends out of the earn- 
ings of said corporation, whenever any transfer of stock is 
made ; it shall be necessary to give notice of ^uch transfer 
of such stock, which notice shall be published in a newspa- 
per in the city of Chicago, Illinois, showing the amount of 
such stock so transferred, and the person to whom it is 
transferred. 

§ 8. This act shall be a public act, and shall be in force 
from and after its passage, and be subject to all general 
laws concerning banks or savings, loan and trust compa- 
nies. 

Approved March 9, 1867. 



Corporators. 



In force March AX ACT to incorporate The International Mutual Exchange and In- 
7, 1807. vestment Corapany. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented m the General Assembly, That Elisha 
Wadsworth, Horace F. Waite, L. P. Hilliard, Van II. Hig- 
gins, Andrew Brown, Charles L. Wilson, and all others 
who may become associated with them as subscribers agree- 
ing to take and pay for one or mure shares in either class 
or grade of the common stock of the capital of the corapany 
hereby created, their successors and assigns forever, be and 
they are created and made a body politic and coi-porate, by 
the name and style of " The International Mutual Ex- 
change and Investment Company," and by that nanie 
shallbe and are hereby empowered to buy and is^sue and 
Bus^nesss pow- ^^^^ ^.j^^ of exchange, commercial or bank credits, gold and 
silver coins, bullion, public stocks or other merchantable 
securities; to open and keep current drawing accounts and 
mutual credits with its bank or commercial coi'respondents 
and also with aT)y of its own stockholders; to purchase, have, 
hold, possess, aiid enjoy by themselves, successors or as- 
signs, such lands, tenements, hereditaments, goods, chat- 



Name and style 



BANKING INSTITUTIONS, ETC. 



107 



tels, values aud effects of every kind, needful to conduct 
the business of the said company; and all or any of the^ 
values hist above named, to use, sell, assign, or dispose of 
for the best interests of the corporation hereby created; they 
may, in their corporate name, sue and be sued, plead and 
be impleaded in all courts of law and equity ; may have and 
use a common seal, and the same to change, alter, or renew 
at pleasure, and all contracts of this corporation shall be 
valid, with or without the seal of the company. The head Head of office. 
othce of the said company shall be in the city of Chicago in 
the state of Illinois, and it may establish branches and agen- ^^^^"endls?''^ 
cies or appoint an agent wheresoever the business ot the com- 
pany may require, and again, the same at pleasure to 
abolish or revoke. 

§ 2. The chief objects and purposes of the said company ^^jl^l^^^ ^"''' 
are declared to be to undertake to establish and to establish 
and maintain, as far as may be practicable, useful and profi- 
table a system of international and domestic exchange, 
commercial and bank credits; and to invest and to re-invest 
its surplus funds, not required for exchange and credits, in 
none other but merchantable and quick convertible securi- 
ties ; and to advance the objects and purposes aforesaid, to 
encourage the purchase of shares in the capital stock of tha 
said company by dealers in exchange throughout the United 
States and in other countries ; and establish such branches 
and agencies of the said company and in any place to ap- 
point such special or general agent or agents or officers of 
said company as may be deemed expedient and define 
their duties and powers, and fix the compensation, and any 
of them to remove at pleasure ; and through such agencies 
and through the correspondents of the association in for- 
eign countries, to diffuse such statistics as to the facilities for 
the profitable employment of capital, acquirement of home- 
stciids and remuneration for labor in the western states and 
territories of the United States, as may be deemed most 
beneficial to persons residing abroad, but intending to seek 
permanent homes in this country. 

§ 3. To carry out the objects and purposes hereinbefore Establishment 
expressed and to facilitate the business of said company it andagents^ 
may establish branches and agents and agencies in all places 
wheresoever useful for the transaction of its affairs or deal- 
ings and abolish or revoke any one or more thereof at 
pleasure. 

§ i. The capital stock of said company may be acquired *^'^p"^' ^*°^^'- 
by issue and sales of certificates of shares therein, in such 
uniform amounts for share and with such class or grades of 
preference as to a share or shares in the dividends of the 
net profits of the said company, and with such terms and 
conditions as to the retirement or extinguishment of any 
such share or shares as the said company, or a majority of 
them, may deem proper to ordain, fix or establish. The 



108 



BANIKING INSTITUTIONS, ETC. 



Contrtfl and 
manascement 
of affairs. 



Organization. 



Vote of Steele 
holders. 



Stock shares. 



total amount of said capital outstanding at any one time 
may be to the extent of five hundred thousand dollars. 
None of said shares shall be sold less than their par value, 

§ 5. The business and affairs of said corporation shall 
be under the control and general management of a board of 
not less than nine directors. The first board of directors 
shall be elected by the corporators aforesaid, or such of 
them as may act, together with such other persons as may 
become associated with them as subscribers to the stock of 
said company ; and thereafter the said directors shall be 
elected by ballot, by and from the stockholders of said com- 
pany. They shall hold their office for the term of three 
years, and until others shall be elected or chosen to fill 
their places. In case of a vacancy by death, resignation or 
otherwise, the remaining directors may. fill such vacancy 
by appointment, until the next regular election ; a majority 
of said directors shall always be residents of the state 
of Illinois. The said board of directors shall have power 
to ordain and put in execution such by-laws and regu- 
lations as they may deem proper for the well ordering- 
and government of said corporation: Provided^ they be 
not repugnant to the laws of the United States or of this 
state, or to the provisions of this act of incorporation. They 
shall have power to appoint all such officers and agents as 
they may think desirable ; and to fix their salaries, compen- 
sation, duties and terras of office. They shall require the 
officers in charge of the head office of said company to make 
out an annual report of the resources and liabilities, receipts 
and expenses, business and losses of the company, to be 
verified by affidavit, of which report each stockholder shall 
be entitled to a copy, on application at the office of the 
company. 

§ 6. At any time within five years from and after the 
passage of this act, the said corporators or such of them as 
may act, shall proceed to organize the company by the 
election of the first board of directors, and open books for 
subscription for the capital stock of said company; and sub- 
scribers therefor may be required to pay for the stock so 
subscribed for by them, in installments as may be ordered 
by said board of directors, and they may and shall forfeit 
for the use of the company all installments and payments 
that may have been made by them thereon, upon failure 
to make due and punctual payment of any installment that 
maj" be called for or ordered by said directors. 

§ T. At all elections for directors the stockholders shall 
be entitled to one vote, by themselves or proxy, for each 
share of common stock held and owned by them respec- 
tively. 

§ ' 8. Shares in the capital stock shall be transferable 
only on the books of said corporation, according to the 
rules and regulations of the company. 



BANKING INSTITUTIONS, ETO. 109 

§ 9. No director or officer of the company shall become Liabilities sf 
liable to it as maker, accepter or indorser of any note, bill stockiioiders. 
or voucher fur the payment of money. 

§ 10. Any number of owners of stock in the said com- 
pany, and representing, as owners, as much as one thousand 
dollars of the said capital stock, may, on request, after the 
close of business hours have reasonable inspection of the 
books, vouchers and values of the said company. 

§ 11. After the company has been oro:anized for two semi-annuai 
years, their offices in charge of the head office shall make statements. 
semi-annual statements of the expense, loss and profits of 
the company, of the disposition of its funds, and the same 
to verity by affidavit, and a copy of such statement to pre- 
pay suificient postage thereon, address and mail to the 
registered address of each owner of shares in the said capital 
stock. 

§ 12. It shall be lawful for the directors to guarantee Dividends. 
and pay from the net profits of the company's business pre- 
ferred dividends. 

§ 13. Til ere shall be a meeting of the stockholders at Meetings of 
the office of the company in Chicago on the third Wednes- ^to^^^hoiders 
day of May of each and every year. Six stockholders. Quorum, 
representing, either by ownership or proxy, one-half of the 
capital stock of the company, shall constitute a quorum for 
transacting business. 

§ 14:. The company shall not at any time issue, or sell saie of drafts, 
its own bills of exchange, drafts or letters of credits for any ^'"'' ^*'=- 
larger amount in the aggregate, than the total amount of its 
unimpaired, paid up capital, except as to mutual credits 
opened between the said company and bankers or brokers 
or commercial houses domiciled in foreign countries or 
other states, and except upon good and merchantable secu- 
rity lodged or pledged in favor of said company. 

§ 15. Nothing herein shall be construed to authorize Banking busi- 
the business of general banking. fhonzed.'"" 

§ 16. This act shall be deemed and taken to be a public Public act. 
act, and to take effect from and after its passage. 

§ 17. The stockholders of said company shall be per- i-iabiiities. 
sonally liable in double the amount of stock held by them, 
respectively, to make good to depositors or others any 
losses sustained by them, which liability shall continue for 
six months after the transfer of any share of stock shall have 
been published in a newspaper published in the county 
where said corporation is doing business, showing the 
amount of stock so assigned, the person to whom assigned. 
This act shall be subject to anv general law hereafter pas- Act subject to 
sed on the subject of banking or banks. Unless said cor- f^^Zl^^'"''^ 
poration shall organize and proceed to business within two 
years after the passage hereof, this act shall be void. 

Appkoved March 7, 1867. 



Rates of inter 
est. 



110 BANKING INSTITUTIONS, ETC. 

In force March -^^ ACT to incorporate the Peoria Saviugs Bank. 

8, 1S6T. 

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

Corporators. Hiimlin, Joliii L. GHswold, Washington Cockle, Thomas C. 
Moore, Alexander Allison, William A. Henou, Heury T. 
Baldwin, Robert Arthur Smith, John C. Proctor, Louis 
Green, Amos O. Bartlett, Alexander McCoj and Horace G. 
Anderson, and their successors, are hereby constituted a 

Name. body Corporate and politic, by the name of " The Peoria 

Savings Bank," to be located in the city of Peoria, in said 
state. 

Money deposits. § 2' That the Said Corporation shall be authorized to re- 
ceive deposits of money from any person or persons who 
may wish to enjoy the advantage of the same, for the pur- 
poses and according to the directions herein prescribed. 

§ 3. That all deposits of money received by said cor- 
poration, shall be used and improved to the best advantage, 
and pay such interest thereon as the trustees may from 
time to time direct to be allowed, and the principal of such 
deposits may be withdrawn at such times and in such man- 
ner as the said corporation may direct and prescribe ; and 
it shall be the duty of the board of trustees of said institu- 
tion to regulate tlie rate of interest to be allowed to deposi- 
tors, so that they shall receive a ratable proportion of the 
profits, after deducting all necessary expenses in the man- 
agement of the business of said corporation. The rate of 
interest to be allowed to depositois, to the amount of live 
hundred .dollars ($500) and upwards, shall be at least one 
per cent, per annum less than the interest allowed others. 

Management of § *• That the busiucss and property of said cori_)0!-ation 
business and shall be managed by a board of trustees, thirteen in num- 
proper y. ^^^^^ ^^j^^ ghall at their first meeting, and as often as it may 
be necessary, elected by ballot, from their number, a presi- 
dent, vice-president and cashier. The several persons 
named in the first section of this act shall be the first trus- 
tees, and all vacancies in said board, caused {)}' death, resig- 
nation, removal or failure to act for the space of six months, 
shall be filled at the next regular meeting thereof afrer such 
vacancy shall arise, and the person receiving a majority of 
the votes of the trustees present, shall be duly elected. 

Five trustees, of whom the president, vic9 ])resident or 
cashier shall be one, shall constitute a quorum fur the trans- 
action of all ordinary business. The trustees or managers 
of said cor|)oration, as such, shall not receive any pay or 
emolument for their services, but this last provision shall no't 
appl}' to the cashier or financial officer of said corporation, 
and the said trustees shall be responsible and liable to de- 
positors for all losses resulting from defalcations by or 
through ofiicers, agents or employees appointed or em- 
ployed by said trustees, or for any losses resulting from 



BANKING INSTITUTIONS, ETC. Ill 

neglect of said trustees in attending to their duties as such, 
as provided in the by-laws ; and it is further expressly pro- 
vided that said corporation shall not carry on a general or 
commercial banking or exchange business. 

§ 5. That said corporation may have a common seal, geai. 
which they may change or renew at pleasure ; and that 
all deeds, conveyances, or grants, covenants and agree- ^^^^^^ convey- 
ments, made by their president, vice-president or cashier, ances, etc. 
by their authority and direction, according to their iustruc- 
ti'ons, shall be good and valid ; and said corporation shall at 
all times have power to sue, and may be sued, to plead and 
be impleaded, and defend, and shall be ruled to-answer by 
the name and style of the corporation. 

§ 0. It shall be lawful for said corporation to receive investments. 
and take on investment of moneys under this act such a 
rate of interest, not exceeding ten (10) per cent, per annum, 
as may be directed by the board of trustees or managers 
thereof. 

§ 7. That no trustee or officer of said corporation shall Borrowing mo- 
directly or indirectly borrow any of the moneys of said cor- ^^^' 
poration, or in any manner use the same, except in the law- 
ful business of said corporation. All certificates or evi- Evidences of 
deuces of deposit made by the proper officer or officers, shall '^^'^°^^^- 
be as effectual to bind the corporation, as if made under the 
common seal thereof Said corporation are hereby prohib- 
ited from issuing any bills or notes to circulate as money. 

§ 8. A misnomer of said corporation in any deed, gift or Misnomers 
grant or instrument, contract or conveyance, shall not viti- 
ate the same, if the corporation shall be sufficiently de- 
scribed therein to declare the intentions of the parties. 

§ 9. The books of said corporation shall at all times Books open for 
during the hours of business be open to the inspection and inspection. 
examination of the auditor of public accounts in this state, 
and such other person or persons as the legislature shall 
designate or appoint. 

§ 10. That said corporation are hereby authorized to possession and 
take, hold and convey such real estate in the city and county ^eaSa^ef °^ 
of Peoria, as may be necessary and convenient for an office, 
or place for the transaction of business, and such as may be 
conveyed to said corporation as security or in payment of 
debts, or purchased by it at sales under judgments or 
decrees recovered by or belonging to said corporation, and 
such personal property as may be necessary and convenient 
for its business. 

§ H. When any deposit is made by any person being deposits of mi- 
a minor, or bv a female, being or hereafter becomino; a nors and mar- 

1 -1 ~ , . , . ^ ned women- 

married woman, in her own name, the said corporation may 
pay to each depositor such sums as may be due to him or 
her ; and the receipt or acquittance of such minor or mar- 
ried woman shall be a legal discharge to said corporation. 



212 BANKING INSTITUTIONS, ETC. 

County deposi- § 12. It is made the duty of said corporation, when au- 
^^''y- thorized by the court, to receive and hold as depositary, 

all moneys which may hereafter come to or be paid into 
either of the courts of Peoria county, sitting either in com- 
mon law or in chancery, subject at all times to such rules 
and regulations concerning the management of such mon- 
eys as the judges of said courts may from time to time 
make or prescribe, not inconsistent with the provisions of 
this act. 
Investments in § 13, It shall be lawful for said corporation to invest 
bonds, stocks, moneys which they shall receive in any bonds or stocks of 
the United States, or the state of Illinois, or of the county 
or city of Peoria, or upon bonds secured by mortgage upon 
unincumbered real estate in the city or county uf Peoria, 
worth at least double the amount loaned, or upon any other 
security which shall be deemed by the board of trustees or 
their finance committee to be amply sufficient ; and also to 
make temporary depbsits in any of the banks incorporated 
by the United States or the state of Illinois, located in the 
city of Peoria, or in any incorporated bank in the city of 
New York. 
Surplus fund. § ^'^- The Said Corporation is hereby authorized to accu- 
mulate gradually, and hold invested, a surplus fund not ex- 
ceeding twenty (20) per cent, on the amount of deposits, to 
the end that in case of reduction in the market price of any 
of the securities held by said corporation, any loss to de- 
positors by reason of such reduction, may be prevented, 
and made good by said fund. 

The accumulated fund of five per cent., herein provided 

for, and the real and personal property belonging to said 

Funds liable t« Corporation, shall be liable to taxation as other real and per- 

taxation. . gonal property, but said corporation shall not be liable to 

taxation on deposits made therein, or on any security or 

securities taken for or on any investment or investments of 

the same. 

First meeting of § ^^- The first meeting of the trustces of Said corpora- 

trustees. tiou shall be held in the city of Peoria at any time within 

ninety days after the passage of this act, ten days' notice of 

such meeting by publishing in some newspaper jjrinted in 

the city of, Peoria. 

The said corporation are hereby vested with the power of 
making by-laws for the more orderly management of the 
business of the same : Frovided^ they are not repugnant to 
the laws of this state, and the same corporation are hereby 
expressly prohibited from engaging in a general or commer- 
cial banking or exchange business. 

§ IG. This act shall take effect from and after its 
passage, and may be altered, amended or repealed at the 
pleasure of the legislature of this state. 

Appkoved March 8, 1867. 



By-laws. 



BANKING INSTITUTIONS, ETC. 113 



In force March 



AN ACT to incorporate the Sterling Bank of Sterling, in Whiteside county. 

Section 1. Beit enacted hy the People of the State of 
Illinois^ represented In the General Assembly^ That William 
A. Sanborn, George P. Richmond, John S. Miller, John 
Sanborn, William H. Whipple, A. J. Mattson, Samuel S. 
Patterson and James M. Wallace, and their associates and 
successors, and. such other persons as may become stock- 
holders in the association, are hereby created and declared corporators. 
and constituted, a body corporate'and politic, by the name 
and style of "The' Sterling Bank" of Sterling, Whiteside ^-■^^^"'^^'y*^- 
county, and shall have a perpetual succession, a common 
seal, power to plead and be impleaded, to appoint all p°^^"- 
necessary servants, and. exercise all the powers necessary to 
carry out and execute the purposes and intent of this act. 

§ 2. The capital stock shall be fifty thousand dollars, capital stoot. 
with power to increase the same to iive hundred thousand 
dollars ; and shall be divided into shares of one hundred 
dollars each, which shall be deemed personal property, and 
shall be transferable on the books of said company, in 
such manner as its by-laws may prescribe. The corporators 
or a majority of them, may open books for the subscription stock subscrip- 
of stock, at such time and place as they may appoint ; and 
when the sum of fifty thousand dollars is subscribed, and 
one-half of the same paid in, the said corporators, or a 
majority of them, shall give notice to the stockholders of 
a time and place for a meeting to elect directors and organ- Meeting of 
ize said corporation ; which, said notice shall be given at i|ot°e^of "^^^^^ 
least ten days previous to such meeting, in some newspaper 
published in Whiteside county. The stockholders may 
elect five directors, who shall be stockholders, and shall Election of di- 
hold their offices for one year, or until their successors are '^'''°"' 
elected and qualified. When elected the directors shall 
elect a president from their own body annually, shall President. 
appoint the necessary officers and agents for the corporation; officers, agents. 
and shall make such by-laws to control the business of the By-iaws. 
corporation, as its interests may require. 

§ 3. The said corporation shall have power to borrow Business and 
money, or receive money on deposit, and to loan the said operations. 
money at any rate of interest not exceeding that now allowed 
by law to individuals, (or to discount in accordance with bank 
usages ; tmd in the computation of time, thirty days shall 
be a month, and twelve months a year,) taking such security 
therefor, real or personal, as the directors of said corpora- 
tion shall deem sufficient ; may buy and sell exchange bills, 
notes, bonds or other securitie's ; may have and hold coin 
and bullion ; may grant and purchase annuities, issue letters 
of credit, and other commercial obligations ; Provided, the 
same shall not be in the similitude of bank notes or other 
evidences of debt, designed to circulate as money. 



114 BA.NKING INSTITUTIONS, ETC. 

I 

^^id^M^vefi § ^' The said corporation shall have power to purchase 
estate. ' and hold all such real and personal estates as may be 
required for the transaction of their business; to hold real 
estate as security for and in payment of loans and debts 
due, or to become due to said corporation ; and to purchase 
any real or pergonal estate at any sale; to enforce its securi- 
ties or the payment of debts due, of mortgages or deeds of 
trust, and hold said property, or to sell and convey the 
same or any part thei-eof, at such a price and under snch 
conditions as the board of directors may direct. 
Dividends. g ^^ rpj^^ board ot directors shall have power to declare 

dividends on the stock ot said corporation from time to 
time, and at any time after the accumulation of protits of 
said corporation shall exceed live per cent, on the amount of 
Proviso. capital actually paid in : Frovided^ said dividends do not re- 

duce the surplus ot profits of sai<l corporation below ten per 
cent, on the amount of capital actually paid in ; but in no case 
shall tlie amount of any dividend be paid over to any 
stockholder, on his or their stock, until the amount of fifty 
dollars ^^er share has been paid in to the said corporation. 
Calls for pay- § 6. The board of directors shall have power to call for 
men o s oc ^. ^^^ payment of the balance due on the subscriptions to the 
stock of this corporation, at such times as they may deem 
proper ; and, in the event of the non-payment of the balance 
due by any stockholder on his stock, within sixty days after 
due notice, the board of directors may at their option, 
Enforeementof enforce the payment of such balance due, or sell by public 
^a"signmenf °^ aiictioii to the bcst advantage, t e amount of stock standing 
shares. j^ the name of said non-paying stockholder to any person 

■"proceidrof *^^ °'' persons, and the proceeds of such sale, after deducting 
the costs and expenses thereof, shall be paid over to such 
non-paying stockholder, who shall thereupon cease to be a 
stockholder in this corporation, and the purchaser or pur- 
chasers ot said shares of stock, shall have and enjoy all the 
Privileges of privileges and protits accruing or accrued to the said 
purchaeersof g}^j^,,gg ^t^ gtock, and shall bccome liable for the payment of 
all calls then due, or thereafter made, on said thares of 
stock. 
stockholders § T. The stockholders shall be responsible in their indi- 

liabiiities. vidnal property, in double the amount of their stock, to 
make good all losses to depositors or otiiers, and no assign- 
ment of their stock shall release them from said liability 
until after the fact of such assignment, and name of the 
person to whom made, and the amount of said stock, shall 
have been advertised in some public newspaper printed in 
the county where this corporation is doing business, and 
Company Mih- locatcd for tlic period of three months. Said comi)any shall 
ject to general be subjcct to any general law of this state on the subject of 
janiiing aws. ■|^.^^|,g ^^j. |)fii]i^i,)g_ This act sluill be void unless said corn- 
Time of organ- paiiy sliall organize and proceed to business, within two 
ization limited. ^^^^^ j^f^^j. ^.j^^ passage hcreof. 



BANKING INSTITUTIONS, ETC. 115 

§ S. This act shall take effect and be in force from and 
after its passa(2;e. 

Appkoved March 9, 1867. 



A.N ACT to incorporate the Farmers' Exchange and Loan Company. jn forae March 

9, 1867. 

Section 1. Be it enacted hy the People of the State oj 
Illinois, re])reienttd in the General Assembly, That John corporators. 
A. Prickett, F. T. Kraft and John 11. Yasfer, and their 
associates and successors, and all such persons as shall 
become lawfull}' stockholders in the company hereby 
created, shall become a body politic and corporate, by the 
name and style of "The Farmers' Exchange and Loan Name and style. 
Comiiany." and shall have succession, a common seal. Powers of cor- 

'•'',, ■,■,.111. • i 11 poration. 

])Ower to plead and be impleaded, to appoint ail necessary 
officers, servants and assistants, and may have and enjoy 
and exercise all the powers necessary to carry out the pur- 
poses of this act, and the office of the company so created 
shall be located in Madison county, Illinois. 

§ 2. A majority of the corporators hereby named may stock .subscnp- 
proceed to open books for subscriptions to the capital stock 
of said company, and shall, at the same time, or thereafter, 
desitrnate a time and place for the first election of directors 
of said company, by persons subscribing to the capital stock 
thereof; and each' share of capital stock so subscribed for 
shall be entitled to one vote. 

§ 3. The capital stock of said company shall be twenty- capital stock. 
five thousand dollars, with power to increase the same to 
five hundred thousand dollars, to be subscribed and paid 
for in the manner prescribed by the by-laws, to be framed 
by said company, and shall be divided into shares of one 
hundred dollars each, which shall be deemed personal pro- 
pertN-, and shall be transferred on the books of said com- 
pany, in such manner as its bj^-laxvs may prescribe. 

§ 4. The said company shall have power to borrow ntoney ^op^rffions.'''"'^ 
and receive money on deposit, and to loan money, within or 
without the state, at any rate of interest, not exceeding that 
now or hereafter allowed by law to private individuals, and 
to discount, according to the usages of banks, (and in com- 
putation of time thirty days shall be a month and twelve 
months a year,) and to make such loans payable, either 
within or without the state, and to take such securities there- 
for, real or ])ersonal, or both, as the directors of the company 
may deem sufficient, and may secure the payments of such 
loans by deeds of trusts, mortgages, or other securities, either 
within or without the state, and may buy and sell bills, 
notes, exchange, bonds or other securities; may have or 



116 



BANKING INSTITUTIONS, ETC. 



Possession 
property. 



By-laws. 



Responsibility 
ofstockhoiders 



Time of organi- 
zation. 



hold bullion and coin, may accept all sucli trusts, either 
fiduciary or otherwise, as shall or may be committed to it 
by any person or persons, or by the order or direction of 
any court or tribunal; may make such special regulations 
in reference to trust funds or special deposits left for safe 
keeping as shall be agreed upon with the depositors or 
parties interested ; may issue letters of credit and other 
commercial obligations. 

§ 5. It shall be lawful for the company hereby incorpo- 
rated to purchase and hold such real estate as may be con- 
venient for the transaction of its business, and to take and 
hold any real estate, in trust or otherwise, as security for, or 
in payment of loans or lor debts due or to become due to 
said company; to purchase real estate made in virtue or on 
account of any loan, mortgage or trust made to or held by 
or for said company, or in which it is interested, and to 
receive or take in satisfaction of any loan or debt, and to 
hold, use, improve and convey the same. 

§ 6. The affairs of said company shall be managed by 
a board of not less than three directors, who shall be elec- 
ted at such time and place as may be jDrescribed by the 
by-laws, and shall hold their office for one year and until 
their successors are elected and qualified. 

§ T. The directors shall have a right to form by-laws 
for the general management and control of the afiairs of 
the company, not inconsistent with the laws of this state or 
the United States, and to declare dividends out of the earn- 
ings of said company. 

§ 8. The stockholders herein mentioned shall be respon- 
sible in their individual property in double the amount of 
their stock to make good all losses to depositors or others, 
and no assignment of their stock shall release them from 
such liability until after the fact of such assignment and 
name of the person to whom made, and the amount of said 
stock shall have been advertised in some public newspaper 
printed in the county where this corporation is doing 
business and located for the period of three months. 

§ 9. This act shall be void unless said company shall 
organize and proceed to business within two years of the 
passage hereof, 

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

Approved March 9, 1867. 



BANKINa INSTITUTIONS, ETC. 117 



AN ACT to incorporate the Marion County Trust and Loan Companv. In force March 
^ 8,1867. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ rejpresented in the General Assembly^ That John corporators. 
Cunningham, George W. Pace, Benjamin F. Marshall, 
Henry C. Moore, James S. Martin, David P. Snelling, 
Daniel K. Green, and Benjamin Lydick, and their associ- 
ates and successors and such persons as shall become stock- 
holders in the company hereby created, shall be a body 
politic and corporate, by the name and style of "The Ma- Name and style 
rion County Trust and Loan Company," to be located in 
the city of Salem, Marion count}', Illinois ; and shall have powers, 
succession, a common seal, with power to sue and be sued, 
to plead and be impleaded, contract and be contracted with, 
to appoint all necessary officers, servants and assistants, 
and may have, enjoy and exercise all powers necessary to 
carry out and execute the powers and interests of a trust, 
deposit and loan company. 

§ 2. The capital of the said corporation shall be fifty ^'^p''^^ ^^^^''^ 
thousand dollars, with liberty to increase the same to five 
hundred thousand dollars, to be subscribed and paid for in 
the manner hereinafter provided, and shall be divided into 
shares of one hundred dollars, which shall be deemed per- 
sonal property, and shall be subscribed on the books of said 
company in such manner as its by-laws may prescribe. 

§ 3. The said corporation shall have power to borrow ^^^y '^°"°^ 

'^ , . •'■ T • ^ 1 . monev. 

money and receive money on deposits, and pay interest 
thereon, and to loan the said money at any rate of interest 
not exceeding that now or hereafter by law allowed to in- 
dividuals, and to discount in accordance with bank usage ; 
and in the computation of time thirty days shall constitute 
one month, and twelve months one year; and to take such 
security, real and personal, as the directors or managers of 
said company shall deem sufficient ; and may buy and sell 
exchange, bills, notes, bonds or other securities ; may have 
and hold coin and bullion, and buy and sell the same ; issue 
letters of credit, certificates of deposit and other commercial 
obligations: Provided, the same shall not be in the simili- Proviso. 
tude of bank notes or other evidences of debt designed to be 
circulated as money. 

§ 4. It shall be lawful for the company hereby incorpo- Real estate. 
rated to purchase and hold such real estate as may be con- 
venient for the transaction of its business, and to take and 
hold any real estate, in trust or otherwise, as security for 
or payment of loans and debts due or to become due to the 
said corporation or others ; to purchase real estate at any 
sale made in virtue or on account of any loan, debt or 
mortgage or trust made to or held by said corporation ; and 
to receive and take in satisfaction of any loan or debt, any 
real estate and hold and convey the same; and to acquire, 



118 BANKING INSTITUTIONS, ETC. 

hold, possess and use and convey the same; to sell, lease, 
convey and dispose of all such real estate and personal proper- 
ty as it may deem necessary for the use by said corporation, 
or as may be deemed by the directors proper and necessary 
to carry on the business and accomplish the object of the 
corporation or for the promotion of its interests. 

Directors. g 5, The affairs of this company shall be managed by a 

board of directors, of at least live in number, a msijority of 
whom shall constitute a quorum for the transaction of busi- 
ness, who shall be stockliolders in the corporation. The 

Election. election of said directors shall be held by the stockholders 

wlien thirty thousand dollars shall have been subscribed to 
the capitalstock of said corporation and ten per cent, paid 
thereon, and three of the corporators herein named shall be 
commissioners to open books for subscription, 

EJljC^'ons, %yhen g 0. The clcction of directors shall be held annually at 
the office of the corporation, and the board shall give at 
least ten days' notice thereof to the stockholders, in such 
manner as they may determine. Every election for directors 
shall be by ballot, and the number of shares owned b_y each 
stockholder shall be indorsed on the ballot by the person 
rr persons who may receive the same, and a plurality of 
votes shall elect. Every stockholder shall be entitled to 
one vote for every share of stock standing in his or their 
name on the books of the corporation, and he or they may 
vote in person or by proxy. Any omission or failure to 
elect directors shall not in anywise impair the rights of 
stockholders, depositors or others interested, and the direc- 
tors in office shall hold over until their successors shall have 
been elected. 

stock to be call- § 7. Within sixty days after the election of the first 

^'''°- board of directors as provided in section live of this act, the 

board of directors shall call in an additional sum of ten 
dollars per share on each share of said stock, to be paid at 
such time and place as the directors shall appoint on due 
notice to said subscribers. The shares of every stockholder 
omitting to make such payment shall be forfeited, together 
with all previous payments made thereon. After the pay- 
ment of live dollars per share on the amount subscribed, as 
provided in the foregoing section, the corporation shall be 
fully organized ; and after the payment of lifteen dollars 
per share on the whole number of live hundred shares of 
the capital stock of the corporation, they may commence 
business in the full enjoyment of the privileges of this char- 
ter, at such place in the said as the said directors 
may designate. 

Balance of § 8. The board of directors shall have power to call for 

clufeVin^^ the payment of the balance duo on the subscription to the 

stock of the corporation at such time as they may deem 

proper, and in the event of the iion-payment of the balance 

due by any stockholder on his stock within sixty days after 



BANKING INSTITUTIONS, ETC. 119 

due notice, it shall be lawful for the directors, at their op- 
tion, to enforce such payment, or to sell at public auction to 
the best advantage the amount of stdck standing in ihe 
name of said non-paying stockholder, who shall thereupon 
cease to be a stockholder in the corporation ; and the pur- 
chaser or purchasers of said shares of stock shall have and 
enjoy all the privileges and protits accruing on account to 
the said shares of stock and become liable for the payment 
of all calls then due or thereafter made on such shares of 
stock. 

§ !.>. The board of directors shall have power to declare Board to de- 
dividends on the stock of the waid corporation, from time to dends,'"" 
time, after tlie accumulation of the profits of said corporation 
shall exceed five percent, on the amount of capital actually^ 
paid in : Provided., said dividends shall not reduce the sur- 
plus of profits of the corporation below five per cent, on 
the amount of capital actually paid in ; but in no case shall 
the amount of any dividend be paid over to any stockholder 
on his or their stock, until the amount of twenty-five dol- 
lars has been paid into said corporation. 

§ 10. At any time after the full payment of the original capital stock 
capital of fifty thousand dollars into the corporation, as w-eLed*^ *°' 
hereinbefore provided, the board of directors may increase 
the capital stock of the corporation to the amount limited, 
or any part thereof, in shares of one hundred dollars each 
in such manner as may be deemed proper ; and such in- 
crease shall be liable and subject to all the liabilities, im- 
munities and privileges of the original stock as provided 
in this act. Stockholders shall have the option of subscrib- 
ing to such increased stock, pro rata, within such time as 
the directors may limit, of which due notice is to be given. 

§ 11. That any real estate acquired in fee by this cor- Real estate to 
poration, either by purchase or in payment or satisfaction of ^^ ^°^^' 
any loan or debt, atid not held in trust or security by other 
than what shall be necessary for the convenient use of the 
same for the transaction of its business, shall not be held 
by the said corporation longer than ten years and shall 
within that time be sold and conveyed, either at public or 
private sale, so as to divest the corporation of the title to 
and in fee in the same. 

§ 12. The corporation hereby created shall exist for corporation to 
the term of twenty -five years from the passage of this act. t^y-sve^yVil^s"' 
The stockholders herein shall be responsible in their indi- 
vidual property in double the amount of their stock to make 
good all losses to depositors or others, and no assignment 
of their stock shall release them from said liability until 
after the fact of such assignment and name of the person to 
whom made, and the amount of said stock shall have been 
advertised in some public newspaper printed in the county 
where this corporation is doing business and located for 
the period of three months. This act shall be void unless in whatcaseaet 



120 



BANKING INSTITUTIONS, ETC. 



said company shall organize and proceed to business within 
Company to be two vears after the passage hereof. The said company 



subjectto to- gj^^j^ ^^ subject to the provisions of any law hereafter pas- 
sed on the subject of banking, trust or deposit companies. 

§ 13. This act shall take effect and be in force from and 
after its passage, and shall be a public act. 
Approved March 8, 1867. 



In foroe April 
5, 1867. 



AN ACT to incorporate the Illinois Land and Loan Company. 



Section 1. Be it enacted by the Feo])le of the State of 
Illinois, represented in the General Assembly, That Cephas 
Clapp, John C. Bigelow, Levi Kelsey, L. B. Shattuck, 
Plenry C. Reed and Wm. Kelsey Reed, and all such per- 
sons as shall hereafter become stockholders in the company 
hereby incorporated, shall be from and after the passage of 
this act, a body politic and corporate, by the name and style 
Name and style, of "The Illinois Land and Loan Company," and by that 
name and style shall be capable of suing and being sued, 
Corporate pow- impleaded, answer or defend in law or equity in all 
®'^' courts or places whatsoever; make and use a common 

seal, and to alter or renew the same at pleasure, and hy 
their said corporate name and style shall be capable in law 
of contracting and being contracted with, and shall be and 
are hereby invested with all the powers, privileges, immu- 
nities and franchises of acquiring by purchase or otherwise, 
and of holding and conveying all real and personal estate 
which may be needful or convenient for carrying into effect 
fully the objects and purposes of this act; and may receive 
and make all deeds, transfers, covenants, conveyances, 
grants, contracts, agreements and bargains whatsoever for 
such purposes, and generally may do every other act or 
thing to carry into effect the provisions of this act and pro- 
mote the objects and designs of said company as by this act 
authorized. 

§ 2. The said corporation is hereby authorized and em- 
powered to improve in such manner as shall be conformable 
to the laws of this state, and not contrary to or inconsistent 
with any of the rights or privileges of the city of Chicago or 
of any citizen'of this or of the United States or other per- 
son, such portions of the following described lands and ])rop- 
erty as said company shall acquire title to, situate in the 
county of Cook and state of Illinois, to-wit: The east half 
of the southwest quarter and the west half of the southeast 
quarter of section twenty-five, in township thirty-nine 
north, range thirteen east of the third principal meridian, 
and any other lands and appurtenances which may belong 



Rights and 
privileges. 



BANKING INSTITUTIONS, ETC. 121 

to said company, by laying the same out into lots, streets, 
squares, lanes, alleys and other divisions, and by surveying, 
locating, constructing, altering, maintaining and operating AUerations. 
one or more slips or canals, and to connect such slips or 
canals with the south branch of the Chicago river, or to 
improve the same in any manner it may deem advisable, in 
such a way as not to injure the navigation ot the said river; 
and to make, purchase and dispose ot bonds and other obli- Bonds. 
gations of indebtedness in the same manner and to the same 
extent as individuals are or may be authorized to do, and to 
borrow money upon such terms and at such rates of inter- To borrow 

", . ' I • T money. 

est, not exceeding ten per cent, per annum, as the said com- , 
pauy may deem proper ; to lend any moneys received from ^^'*^®- 
rents or other sources, on real, personal or other security at security for 
any rate of interest not exceeding that now allowed by law to 
individuals, and generally to do whatever may be expedient 
for accumulating and increasing its moneys, funds or other 
assets for the benefit of said company or other parties, as it 
may deem advisable. 

§ 3. The capital stock of said company shall be one capital stock. 
hundred thousand dollars, which may be increased from Amount. 
time to time to any sum not exceeding one million dollars. Limit, 
or diminished at pleasure, divided into shares of one hun- shares. 
dred dollars each, which shall be deemed personal property 
and may be issued and transferred in such manner as may 
be ordered and provided by the board of directors, who Directors. 
shall have power to require the payment of the sums sub- 
scribed by stockholders, in such manner and on such terms stoekiioiders. 
as they may think proper; and on refusal, neglect or default Neglect of. 
on the part of the stockholders or any of them, to make 
payment as, and when required by the board of directors, 
the said company may sue for and collect the same, or may, 
after four weeks' notice thereof in some newspaper published 
in the city of Chicago, sell the shares of such delinquent Delinquents, 
or delinquents, at public auction, to the best advantage, 
under such rules as the board may adopt ; the surplus 
money, if any remaining after deducting the payments due, 
with the interest and costs of sale, to be held by said com- 
pany payable to the order of such delinquent stockholder 
or stockholders, or his or their legal representatives. 

§ 4. The corporate powers of said company shall be Board of direc- 
vested in a board of directors, and such officers and agents 
as such board shall appoint. The board of directors shall 
consist of not less than five nor more than ten persons, who 
shall be stockholders in said company, such directors to be 
chosen annually by ballot, and the name and number of "^tfon." "^ ^^'*" 
shares owned by each stockholder so voting shall be 
indorsed on the ballot, each share having one vote, which 
may be given in person or by proxy; a plurality of votes 
shall elect; a failure to hold the' annual election shall not 
work a forfeiture of this charter or of any of the rights and 
Vol. 1-9 



122 



BANKING INSTITUTIONS, ETC. 



Vacancies, 
ow filled. 



When election 
shall be had. 



Commissioners 
to open books. 



Money. 

How disposed of 



Notice. 

Time and place. 



Result of elec- 
tion. 



Organization. 
President. 



To borrovi 
money. 

Kates. 
Bond* 



pi'ivileges herein granted, and in all cases the existing board 
of directors shall continue in office until their successors 
are elected and qnalilied; vacancies in the board may be 
filled at any time by vote of two-thirds of the directors 
remaining, snch directors to continue in office until their 
successors are elected and qualified. The officers of said 
board and the officers, agents, servants and employees of 
said company, whether members of the board of directors 
or otherwise, may be appointed, employed, paid and dis- 
missed under such rules and regulations, and may be re- 
quired to enter into such bonds as the board of directors 
may from time to time adopt and direct; all future elections 
shall be held at such time and place and in the manner 
which may be prescribed by the by-laws and regulations of 
the said company, 

§ 5. The election of directors shall be had by the stock- 
holders when fifty thousand dollars shall have been sub- 
scribed to the capital stock of said company and live per 
cent, paid thereon. Any three of the corporatoi's herein 
named shall be commissioners to open books for subscrip- 
tions to the stock of said company and each subscriber shall 
pay to such commissioners or their agents at the time of 
such subscription live dollars on each share by him sub- 
scribed. The money so received by the commissioners 
shall be paid over to the dii'ectors when elected and quali- 
fied. When the sum of fifty thousand dollars shall have 
been so subscribed, the commissioners so acting or a major- 
ity of them shall call a meeting of the stockholders to 
clioose five stockholders as the first board of directors of 
said company by giving at least two weeks' notice in some 
newspaper published in the city of Chicago, of the time 
and place of holding such meeting, and shall attend and act 
as inspectors of said election at such meeting. They shall 
certify the result of said election under their hands, which 
certiticate shall be recorded in the record book of said com- 
pany, and shall be sufficient evidence in all places of the 
election of the directors therein named. AVhen the board 
of directors are so chosen the said conjpany may enter 
upon, enjoy and continue in the benefits and provisions of 
this act, exercise the powers herein confeirod, and be con- 
sidered as fully organized. The directors shall appoint one 
of their number pi-esident, and may make and execute sucii 
by-laws as may be convenient and necessary tin- the ju-oper 
prosecution of the business of the comj)any : Provided, the 
same be not repugnant to the laws of the United States or 
of this state or to this act. 

§ 6. The said company shall have power to borrow, or 
obtain on loan, any sums of money and on such terms as 
they may deem expedient for said company, and issue notes 
or bonds for the same, secured by mortgage on the prop- 
erty of the company or otherwise. And the directors of 



BENEVOLENT ASSOCIATIONS. 123 

said company may confer on any bondholder of any bond Bonds convert- 
issued for money borrowed as aforesaid the rio;ht to convert 
the principal du3 or owing thereon, into stock of said com- 
pany, at any time not exceeding ten years from the date of 
the bond, under such rules as the board of directors may 
adopt therefor. 

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

Approved April 5, 1867. 



AX ACT to incorporate the Journeymen Plasterers' Benevolent and Pro- In force Febru- 
tective Association of the City of Springfield, Illinois. ary 21, 1867. 

Section 1. Be it enacted by the People of the State of 
llli7io{s^ represented in the General Assembly^ That George Name. 
Butler, James Butler, Peter Moffatt, Joseph Anderson, 
Jonathan I. Marr, Benjamin F. Munson, Jacob Matler, and 
William Matler, and their associates, are hereb}^ constitu- 
ted a body corporate and politic, by the name and style of 
"The Journeymen Plasterers' Benevolent and Protective 
Society;" and, by that name shall have perpetual succes- 
sion; and shall have power to contract and be contracted lowers, 
with, to sue and be sued, to plead and be impleaded, to 
have and use a common seal, aad to do and perform all 
such acts and things as are or may become necessary for 
the furtherance and advancement of the purposes of said 
corporation as fully and completely as natural persons 
might or could do. 

§ 2. The objects and purposes of said corporation shall Objects and 
be the mutual ' benefit and protection of its members, to p^^p°®®^- 
extend relief to them in sickness or infirmity, and to bury 
deceased members. 

^ 3. The officers of said corporation shall be a president, 
vice president, recording secretary, corresponding secretary 
and treasurer, who shall be elected semi-annually, and by 
ballot, at the first regular meeting in the months of January 
and July in each year. 

§ 4. In case of any vacancy of either of said officers, omcers. 
by death, resignation, or otherwise, the association, shall 
have power to fill such vacancy by appointment, by the 
vote of a inajority of the members present at the meeting; 
and said officer so appointed shall hold the same ofiice 
until the next semi-annual election of officers. 

§ 5. Any operative plasterer of good moral character vacancy. 
may become a member of said corporation, upon such terms 
and conditions as may be prescribed by the by-laws of said 
corporation; and said corporation is hereby authorized to 
establish and enforce such rules, regulations and by-laws, 



124: BENEVOLENT ASSOCIATIONS. 

for the management of their business, as they may deem 
proper, and repeal, alter and amend the same at their 
pleasure. 

May hold real § 6. The Said Corporation may receive, take and hold 

estate. either bj gift, purchase,, devise, bequest, or otherwise, any 

real or personal estate, for the use of and for the advance- 
ment of the purposes of said corporation ; and may rent, 
lease, sell, convey or in anywise dispose of the same, accord- 
ing to the by-laws of said corporation : Provided^ such real 

Amount of per- and pcrsoual property shall not exceed in value twenty-live 

■^*'"^'P'-°P^'-*^- thousand dollars. 

7. This act to take effect from and after its passage. 



Inforoe Fftb. 21, AN ACT to incorporate the Preachers' Aid Society of the Rock River 



1867. 



Conference of the Methodist Episcopal Church. 



Section 1. Be it enacted hy the Peojjle of the State of 
Illinois^ represented in the General Assembly^ That Luke 

corpor.itors. Ilitchcock, Ezra M. Boring, Otis 11. Tiffimy, William D. 
Skelton, William F. Stewart, Charles II. Fowler, George 
J. Bliss, and their associates and successors, are hereby 
constituted a body corporate and politic, by the name and 

Name and style stylc of "The Preachcrs' Aid Society of the Rock River 
Conference of the Methodist Episcopal Church;" and by 
such name shall have perpetual succession, with power to 
contract and be contracted with ; to sue and be sued, and 
to implead and be impleaded ; to take and hold, by gift, 
grant or otherwise, any property real, personal or mixed, 
and the same to manage, grant, convey, lease or otherwise 
dispose of; and to execute such trust or trusts as may be 
confided to said corporation for the promotion of the objects 
of this incorporation. 

Objects. § 2. The objects of this corporation are to afford imme- 

diate relief to the families of the deceased members of the 
society, and to increase the disciplinary revenue ibr the 
support of the claimants of the said conference. 

Officers. § 3. Ezra M. Boring shall bo president, and William .D. 

Skelton shall be secretary and treasurer; and the said Luke 
I-Iitchcock, Otis H. Tiftany, William F. Stewart Charles II. 
Fowler and George J. Bliss, shall, with the said president 
and secretary, be the first board of managers of said society, 
and shall hold their offices until their successors shall be 
elected at the time and in the manner specified by the con- 
stitution of the said society. 



BENEVOLENT ASSOCIATIONS. 125 

§ 4. This act shall take effect and be in force from and 
after its passage, and may be amended or repealed at any- 
time. 

Appeoved February 21, 1867. 



AN ACT to incorporate the LaSocietie Francaise de Secours Mutuels. In oo^iort^^'''^ 



Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That Victor 
Girardin, president; Bernard Baretti, vice president; Louis 
Lepitre, treasurer; Henry Marwedel, secretary; Eteenne 
Brazeau, assistant secretary, and the other members at 
present belonging to "La Societie Francaise de Secours Name and style. 
Mutuels," now existing in the city of Chicago, in this state, 
and such other persons as may hereafter be admitted mem- 
bers of said association, accDrding to the constitution and 
by-laws thereof, be and hereby are declared and constituted 
a body politic and corporate, under the name and style of 
"La Societie Francaise de Secours Mutuels;" and, hereafter, 
shall be known by that name and style; and by that name 
and style to remain in perpetual succession, with power, in 
and by that name and style, to sue and be sued, plead and 
be impleaded, prosecute and defend in all manner of actions powers and ob- 
at law or ecpiity in all courts whatsoever, and, if necessary I'S'^*'^'^^- 
to sign, execute and deliver, by the president and secretary 
of said association for the time being, under the seal thereof, 
all arbitration and other bonds, in obtaining the legal rights 
and advancing the interests of said association ; and, also, 
in and by such name, to acquire, purchase, hold, grant, 
bargain, sell, alien and convey any property, whether real, 
personal or mixed; and to loan the moneys and funds of 
said association, and take promissory notes, bonds, mortga- 
ges and other evidences of indebtedness for the moneys or 
funds so loaned ; and to have and use a common seal, and 
to alter the same at pleasure; and to make and from time 
to time to alter, as the association may deem proper and 
expedient, the constitution and by-laws for said association, 
declaring and containing the times and manner of election 
for officers of said association, and the number and duties 
of such officers and such other provisions for the good gov- 
ernment, general welfare, improvement and existence of 
said association, as a majority of the members may deter- 
mine: Provided, such constitution and by-laws shall not be 
in conflict with the constitution of the United States or of 
this state or the laws thereof. Said constitution and by-laws, 
when recorded on the records of said association, shall be 
in full force ; and, on the production and proof of such 



126 BENEVOLENT ASSOCIATIONS. 

records, shall be received in evidence of the facts therein 

stated in all courts of justice and upon all lawful occasions. 

Personal pro- § 2. The Said Corporation shall not at any one time hold 

^^^^^' personal property to a greater amount than 

dollars, nor real estate to a greater amount than 

dollars. The personal property belonging to said association 
shall not be appropriated otherwise than for the benefit of 
said association, the improvement of the real estate of the 
association, and such benevolent and other purposes and in 
such manner as shall be declared, provided for and directed 
in the constitution and by-laws hereinbefore authorized to 
be made. 
Fees and dues. § 3. The Said Corporation shall have power to assess 
such initiation fee and such monthly, quarterly and yearly 
dues as may be wanted for the purpose of carrying out the 
objects of said society, and may sue its individual members 
and collect the same by law. 
Objects and § 4. The objcct of this association is hereby declared to 

"""" be to unite the members thereof in a bond of brotherhood 

and mutual friendship ; to minister to their wants in sick- 
ness and afford relief in their necessities, and, generally, to 
ameliorate, by all means within the control of the associa- 
tion, their condhion, both moral and j)liysical. 



aims. 



lu force Feb. 23, AN ACT to incorporate the Catholic Aid Society of the City of Carlin- 
1^^^- . yille, Illinois. 

Section 1. He it enacted hy the Peojyle of the State of 
Illinois, represented in the General Assembly, That llev. 

Corporators. F. Schreiher, Henry Daley, Michael Hansy, liichard Man- 
gan, Conrad Deity, Peter Flory, Jacob Flory, William 
Mangan, Julius Yan Bergen, John K. Muller, John Doho- 
ney, Michael Boehm, Edward Knatzer, Patrick Mangan, 
John Deity, jr., John Deity, sen., Anton Deity, Joseph J. 
Deity, John Mohrmann, Timothy Kelley, Denis Devit, 
Patrick Connelly, George Arny, George Gangler, Nicholas 
Schaffer, John F. Tohmas, Adam Flory, Jacob Schaffer, 
Joseph Christen, Phillip M. Murphy, John Schaffer, Cor- 
nelius Lang, John Milbauerr, Joseph Milbauerr, Daniel 
Forgarty, Frank Schwab, Ste])hen Schwab, John Mees, 
Frank Murray, Thomas Ryan, Hugh Colton, Jeremiah 
Flynn, Anton Milbauerr, Dennis Ryan, Frank Link, Frank 
Cannon, Peter Schaffer, and all other persons who now are 
or may hereafter become, and shall so remain, members of 

Name and stylo. urpijQ Catliolic Aid Socicty of the City of Carlinville," 
from and after the passage of this act, shall be, and they 



BENEVOLENT ASSOCIATIONS. 127 

are hereby constituted a body corporate and politic, by the 
said name and style of "The Catholic Aid Society of the corporate rishts 
City of Carlinville ;" and by that name shall have perpet- ^tc 
ual succession ; and be capable to sue and be sued, to plead 
and be impleaded, answer and be answered unto, defend 
and be defended in all courts and places whatsoever; and 
shall have a common seal, and may alter the same at 
pleasure; shall make a constitution and such by-laws, not 
repuojnant to the constitution and laws of this state or of 
the United States, as shall from time to time be necessary or 
proper; and may annex to the breach of such constitution 
or of any one or more of the by-laws or of any part there- 
of such penalty, by tine, dismission or expulsion, as the 
said corporation may deem tit. 

§ 2. The funds of this corporation shall be applied to ^^J^^^^^^^ °^ 
the liquidation ot all debts connected with the Catholic 
church in said city of Carlinville ; also for the relief of its 
members in sickness, and to their interment after death, 
in the mode which may from time to time be prescribed 
by the by-laws. 

§ 3. The constitution and by-laws of this societ}'' now constitution and 
in operation shall govern the corporation hereby created ^'^'^^• 
until regularly altered or repealed by the society ; and the 
present officers of said society shall be the officers of the 
corporation hereby created until their respective terms of 
office shall regularly expire or be sooner vacated : Provided, 
that nothing in such constitution and by-laws contained be 
inconsistent with the constitution and laws of the United 
States or of this state. 

§ Jr. The said corporation may acquire, by gift, grant, be- Acquisition of 

1. 1 • I 11 1 i. 1 property. 

quest, devise or purchase, real and personal property ; and 
may use, hold, lease, mortgage encumber, alien, sell, grant, 
release and convey, in fee or for a lesser estate, all such 
real and personal estate : Provided, all such assurances are 
made by deed, under the corporate seal, duly executed by 
the president and secretary for the time being. 

§ 5. The corporation shall not at anv time hold or own Amount of real 

j-i jji> 1 1 1 11 1 1 • 1 1 estate and per- 

raore tlian iitteen thousand dollars worth ot real estate, the sonai property 

value thereof to be determined by the valuation at the time ^^''^" 

on the assessor's books for the county within which the real 

estate may be situated, nor shall it hold or have more than 

five thousand dollars' worth of personal property at any one 

time. 

$^ 6. The funds of the society may be loaned out on real ^"^"^ °f f"'^^-"- 
or personal security for such times and upon such terms as 
ma-y be approved by the board of managers. 

§ 7. The members of the corporation shall be liable to Liabilities. 
pay to the society such moneys at such times as may be 
fixed on by any of its by-laws existing at the time of their 
becoming members ; and upon any failure to pay the same, 
may be proceeded against by suit, in the name of the cor- 



128 



BENEVOLENT ASSOCIATIONS. 



poration, or their membership and interest therein may be 
declared forfeited, at the discretion of said corporation. 
Mismomera. § S. No partial misnomer of said corporation shall de- 

feat or annul any gift or gi-ant, bequest or devise to or for 
owigations of said Corporation ; but in all cases the board of managers 
gers. ^' shall be bound to appropriate and use any bequest, devise, 

gift or grant in such manner as shall be prescribed by the 
party or parties making the same, unless the same shaU be 
inconsistent with the special objects of the society, when 
such gifts, grants, bequests or devises shall be declined, evi- 
dence whereof shall appear duly spread out on its records. 
§ 9. The Catholic Bishop of Alton is hereby constituted 
the legal visitor of this corporation, with power to visit 
annually, to inquire into and correct any abuses that may 
arise; also, to examine into its general condition and pro- 
gress ; to counsel, advise, and, if need be, reprimand the 
board ; and at such visitations the books, records and papers 
of the corporation shall be opened freely to his inspection. 
§ 10, This act shall be a public act, aud be in force 
from and after its passage. 
Appeoved February 23, 1867. 



Legal visitor's 
powers. 



Ii force Feb. 23, AN ACT to incorporate the Workman's Mutual Aid Society, of Highland, 

Madison County, Illinois. 



Corporators, 



Name and style, 
Purposes. 



Corporate 
rights. 



Section 1, J]e it enacted hy the People of the State of 
Illinois^ represented in the General Assembly, That Gallus 
Kutz, John Hillenbrand, Fi'itz Hopper, August Mosemann, 
Adam Eifert, John B. Edelmann, John Mohnkon, members 
of the Workman's Mutual Aid Society, and other present 
members of that society, and such other persons as may 
from time to time hereafter be admitted members of said 
society, according to the constitution, by-laws, rules and regu- 
lations thereof, be and they are hereby created a body politic 
and Corporate, in the town of Highland, county of Madison, 
under the name and style of "The "Workman's Mutual Aid 
Society of Highland," for the purpose of aiding their mem- 
bers ill sickness and distress, and ])roviding tor a decent 
bur-al of their clead ; and, by that n^ime, shall have per- 
petual succession, with power to sue and be sued, plead and 
be iiii])leaded, ])rosecute jmd defend in all actions at law and 
in e(piity, and in all courts whatsoever; and be ca])able in 
law of taking and holding, by purchase, grant, gift, devise, 
and otherwise, and of selling and conveying real and ])cr- 
sonal estate ; and to loan the money and funds of tho 
society, and to take promissory notes, bonds, mortgages, 
and other evidences of indebtedness, to secure the same; to 



BENEVOLENT ASSOCIATIONS. 129 

have and use a common seal, and to alter tlie same at pleas- 
ure ; to make and from time to time to alter, as they may 
think proper and expedient, a constitution and by-laws, for 
said society, declaring the time of electing the officers of 
the society, and the manner thereof, the number and duties 
of such otticers, and, generally, such other provisions for the 
good government and existence of the society as to them 
may seem proper. 

§ 2. The constitution, by-laws, and proceedings of said constitution 
society shall be entered by the secretary of the society in a ^" ^' ^^^' 
book kept for that purpose ; and such book shall be evidence 
of the matters therein contained in all courts of justice. 

§ 3. For the purpose of carrying into effect the objects 
of this act, the members of the above society shall have 
power and are hereby authorized to appoint, out of their 
number, three trustees, to hold their office for the term of Trustees. 
one year and until their successors in office are appointed. 

§ 4. Said society may require bond and satisfactory se- Bond and secu- 
curity of its treasurer and trustees for the faithful perform- '^''^'• 
ance of their duties as such officers. 

§ 5, At all elections each member, who is not indebted Elections. 
to said society or suspended from its benefits, sl/all be entitled 
to vote, and the majority of all votes cast shall make an 
election. 

§ 6. The members of the society shall be liable to pay Fees and fines. 
to the society such amount of money, at such time and 
place as may be fixed by the constitution or by-laws of the 
society ; and upon a failure to pay the same, they may be 
proceeded against by suit in the name of the society, or 
their membership may be declared forfeited, at the discretion 
of the society. 

§ 7. The society shall not be dissolved and put in liqui- Dissolution. 
dation as long as ten members thereof dissent and wish a 
continuance of the society. 

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

Approved February 23, 1867. 



AN ACT to incorporate the German Workingmen'g Association of Lacon, In force Feb'y 
Marshall county, Illinois. 23, ISC". 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That Her- corporators. 
man Petz, John Hunter, Frederick Roth, John Schupp, 
Gustav. Muller, Robert Muller and their associates, are 
hereby constituted a body corporate and politic, by the 
name and style of "The German Workingmen's Associa- Nameandstyie. 
tion of Lacon ;" and by that name shall have perpetual sue- 



ISO BENEVOLENT ASSOCIATIONS. 

cession ; shall have power to contract and be contracted 
with, sue and be sued, to plead and be impleaded, defend 
and be defended in any court of justice and equity ; to have, 
Vested rights, usc and alter a common seal; to elect officers ; to establish 
rules, regulations and by-laws, and repeal and alter the 
same ; may receive, take and hold, by purchase, gift, devise, 
bequest or otherwise, property, real and personal, for the 
use and purposes of the association ; and may sell, convey, 
rent and lease the same. 

§ 2. The object of this association shall be to extend 
relief and aid to its members in case of sickness, to bury 
deceased members, to aid the widows and orphans of the 
deceased members, and mutually to promote the welfare 
and interests of its members. 

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

Approved, February 23, 1867. 



Objects. 



In force Feb. 25, AN ACT to incorporate the United Hebrew Relief Association of Chican;o. 

1SG7. 

Preamble. WiiEEEAs, there cxists in tlic city of Chicago, county of 

Cook, and state of Illinois, a corporation, created under the 
general laws of said state, under the name and style of 
" The United Hebrew Relief Association of Chicago," 
whereof Isaac Grreensfelder is president, and Samuel Gale, 
vice president, and Julius Rosenthal is secretary, and JMoses 
Snydacker is financial secretary, and Abraham Hart is 
treasurer, and M. M. Gerstley and B. Schoeneman are trus- 
tees; now, therefore, to enable said corporation more fully 
to carry out the objects and purposes thereof, and the ob- 
jects and purposes of this act. 

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

Name. " The United Hebrew Relief Association of Chicago," be 

and the same is hereby continued a body politic and corpo- 
rate ; and by such name and style shall have perpetual suc- 
cession, with power to sue and be sued, plead and be im- 

corporate pow- pleaded ; to take and hold, by purchase, gift, grant, devise 

ere. ^ ,, ' . ,, i J l -&?!:-' ? 

or otJierwise, trom any person or persons, or corporation, 
any property and estate, real, personal and mixed ; and the 
same to manage, grant, sell, convey, mortgage, lease or 
otherwise dispose of, and to invest, and loan out upon in- 
terest the funds of said corporation, and appropriate said 
funds for its benefit ; to contract and be contracted with ; 
to have and use a common seal, and alter the same at 
By-laws. pleasure; to make and alter by-laws for the government of 

the corporation, its officers, directors, agents and servants, 



BENEVOLENT ASSOCIATIONS. 131 

and for their removal, and concerning the property and 
attairs of said corporation, not inconsistent with the hiws 
and constitution of the state of Illinois; also to fix and 
change the time of meeting in and by such by-laws, the 
number, manner of election and qualificaiions of utticers, 
directors, members, admittance of associations, societies and 
corporations as members, and the mode of their rei)resenta- 
tion by delegates, and the qualifications of persons as mem- 
bers, and their powers and duties. 

§ 2. The objects of this corporation shall be of an elee- objects. 
mosynary nature. They shall be to provide a permanent, 
efficient and practical [means] of administering and distribu- 
ting the private charities of the Israelites of Chicago ; to 
organize and establish the necessary means for obtaining 
full and reliable information of the .condition and wants of 
the Jewish poor of Chicago, and putting into practical and 
efficient operation the best system for relieving and prevent- 
ing want and pauperism among Jewish poor of said city, 
and for assisting and aiding the sick, the widow and orphan, 
and to donate to other charitable associations such sums as 
shall be fixed by the by-laws, and to do whatever act or 
thing which may be necessary and proper in relieving 
wants and necessities of the Jewish poor or others, as they 
may see fit. 

§ 3. The said corporation shall have power to locate and ^^^^^ foVh?s- 
erect, or to lease the necessary buildino; or buildings, and piH'' purposes 

1 , ' 1 , . , -^ ,. ^1 J ■'ind other ob- 

lot or lots, and improve the same, for the purpose of pro- jects. 
viding for a hospital and a widow and orphan asylum, and 
for other objects of said corporation, and therein to receive 
such sick and widows and orphans or other persons, in such widows and 
manner and for such times as the by-laws of said corporation """phans. 
shall direct; and to manage said institutions as may best 
tend to carry out the objects of said corporation : Provided, Proviso. 
that the property of said corporation shall not exceed one 
hundred and fifty thousand dollars in value. 

§ 4r. All conveyances and instruments in writing, made conveyances. 
by said corporation, shall be executed by the president and 
secretary, and the corporate seal affixed, under such rules 
as the by-laws may from time to time establish. 

§ 5. In case of the death or leo;al incapacity of a Jewish Legal guardians 

,. ,,- . ,. , . 1 , • '^ , ^ • 1 <• 1 • 1 M ''' children. 

lather, or in case of his neglecting to provide for his chil- 
dren, the mother shall be considered their legal guardian, 
for the purpose of making a surrender of them to the charge surrender of 
and custody of said corporation ; and in all cases where the poratioS.*°°°^" 
person or persons legally authorized to act as the guardian 
of any Jewish child are not known, the judge of the county 
court of Cook county may, at his discretion surrender such 
child to said corporation ; and such corporation may, at its 
discretion, indenture such child to an honorable trade or indentures, 
employment ; but in all cases provisions shall be made in 
the indenture for securing an education proper and suitable Education. 



132 BENEVOLENT ASSOCIATIONS. 

for the condition and circumstances in life of such child or 
Habeas corpus, children ; and if, upon the hearing of anj habeas corpus^ for 
the custody of any child, it ajjpear tha.t such child has been 
surrendered, as aforesaid, such suri-ender shall be taken by 
all courts ot justice as conclusive that such child was legally 
and properly surrendered to said corporation, and tliat said 
Custody and cor]3oration was entitled to the custody and guardianship of 

guardianship, said child. 

Articles and by- g 6. The articlcs of associatiou or incorporation of said 
tfon bind^in°g.'*' associatiou heretofore formed, and reference to which is made 
in the preamble to this act, not inconsistent with this act, 
shall g(jvern this corporation ; and the by-laws of said asso- 
ciation shall be binding upon this corporation until repealed 
or changed by this corporation ; and this corporation shall 
have power, with the consent of said association heretofore 
Acquisition of existing as aforcsaid, to acquire all the propertv, riuhts, 

rights, proper- i . " i . ,. • i -"^ • ^. i . r " ' . ' . ' 

ty, credits, etc. cTcdits and interests 01 said association heretoiore existing, 

with full power in this corporation to maintain actions at 

Actions at law. law or in equity, for the recovery of any such rights, credits 

and interests, if necessary, whether the same have accrued 

to said association by voluntary subscription, or otherwise. 

Disposition of § '''• ^^ property of persons dying under the care of 

property of g^^,} corporation, and left in the custody of said corporation, 

deceased per- , i ,.' . , , 1*^1111 1 n -x- ^i 

sons. and not exceeding in value one hundred dollars, shall, it the 

same remain unclaimed by the heir or heirs, or legal repre- 
sentatives for six months after such decease, become the 
property of said corporation, and may be disposed of as 
deemed best for its interests. 
Exemption of § 8. The property of said corporation, to the extent of 
property from twcutv thousand doUars, shall be exempt from all taxes and 

taxation. "' ^ ' , . ' 

assessments lor state, county and city purposes. 

§ 9. This act shall be in force from and after its passage. 
Appkoved February 25, 18G7. 



In force Feb. AN ACT to incorporate the Scandinavian Immigrant Aid Society. 

25, 1867. 

Section 1. Be it enacted hj the People of the State of 
JLUnois, represented in the General Assembly, That Iver 

Corporator.?. Lawson, Erland Carlsson, C. M. Lindgren, Peter L. Haw- 
kiiison, Ferdinand S. Winslow, Paul Anderson, Kneed 
Langeland, A. Uhre, N. O. Westergren, Andrew N. Elson, 
y. W hitting and Augustus Jacobson, and such other per- 
sons as may from tiine to time become members of the cor- 
poration hereby created, are hereby made and constituted a 
body corporate" and politic, with perpetual succession, by 

Name and style tlic name and style of "Tlie Scandinavian Immigrant Aid 
Society;" and, by that name, they and their successors shall 



BENEVOLENT ASSOCIATIONS, 133 

be capable in law of contracting and being contracted with, 
suing and being sued, defending and being defended in all 
courts and places, and in all matters and places whatsoever, 
with full power to acquire, hold, occupy, enjoy and convey 
all real and personal estate, not exceeding in value the sum 
of twenty-five thousand dollars: they may have a common valuation of 
seal, and the same may alter, break and renew at pleasure; p'^°p®'*'-^- 
thev niav adopt a constitution, rules, by-laws and reo:ula- cnsHtution 

., •• ',• 1 1 1 • L- J^ ■ ■ I- and by-laws. 

tions, to lurther the objects ot this mcorporation, not repug- 
nant to the constitution of this state or of the United States 
— all in such manner as shall to them from time to time 
seem necessary ; and they may annex to the breach of such 
constitution, by-laws or regulations such penalty for the 
non-observance of the same by members, officers or agents 
of the corporation hereby created, as they may see lit. 

§ 2. The objects and purposes of said corporation shall objects and 
be to aid and assist Scandinavian immigrants. puiposes. 

§ 3. The corporation hereby created shall have power officers. 
to elect and qualify such officers as they may deem neces- 
sar}', who shall hold their offices for such length of time, 
and discharge the duties thereof in such manner as may be 
established by the constitution and by-laws of the society. 

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

Appkoved February 25, 1867. 



AN ACT to incorporate the German Masons' and Bricklayers' Society of m force Feb. 
Chicago. " l«. 1867. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly, That Fi-ied- corporators. 
rick Kort, president ; Wilhelm Loeffker, vice-president ; 
Henry Pauli, secretary ; JPaul Homberg, treasurer ; Chris- 
tian Knoebfer, Frank Gerbing and Nicholas Hein, and the 
other members at present belonging to the " German 
Masons' and Bricklayers' Society of Chicago," now existing 
in the city of Chicago, in this state, and such other persons 
as may hereafter be admitted members of said association, 
according to the constitution and by-laws thereof, be and 
are hereby declared and constituted a body politic and cor- 
porate, under the name and style of the " German Masons' ^''^'"^• 
and Bricklayers' Society of Chicago," and, hereafter, shall 
be known by that name and style ; and by that name to 
remain in perpetual succession, with power, in and by that 
name and style, to sue and be sued, plead and be impleaded, 
prosecute and defend in all manner of actions at law or Powers, priri- 
equity, in all courts whatever, and, if necessary, to sign, chlsL*'^'^ ^''°' 



134 BENEVOLENT ASSOCIATIONS. 

execute and deliver, by the president and secretary of said 
association for the time being, under the seal thereuf, all 
arbitration and other bonds, in obtaining the legal rights 
and advancing the interests of said association ; and, also, 
in and by such name, to acquire, purchase, hold, gi-ant, 
bargain, sell, alien and lease and convey any property, 
whetiier real, personal or mixed ; and to loan the moneys 
and funds of said association, and take promissory notes, 
bonds, mortgages and other evidences of indebtedness, for 
the moneys or funds so loaned ; and to have and use a com- 
mon seal, and to alter the same at pleasure ; and to make, 
and from time to time to alter, as the association may deem 
proper and expedient, the constitution and by-laws of said 
association, declaring and containing the times and manner 
of election for officers of said association, and the number 
and duties of such officers, and such other provisions for the 
good government, general welfare, improvement and exist- 
ence of said association as a majority of the members may 
determine : Provided., such constitution and by-laws shall 
not be in conflict with the constitution of the United States 
or of this state or the laws thereof. Said constitution and 
by-laws, when recorded on tlie records of said association, 
shall be in full force, and, on the production and pruof of 
such records, shall be received in evidence of the facts 
therein stated in all courts of justice and upon all lawful 
occasions. 

Amount of per- § 2. The Said Corporation shall not at any one time hold 

heM.' ^'"^^"^ personal property to a greater amount than one hundred 
thousand dollars nor real estate to a greater amount than 
flfry thousand dollars. The personal property belonging to 
said association shall not be appropriated otherwise than 

Appropriation fQj. \\^q benefit of Said association, and the uses and pur- 
poses for which it is founded, the improvement of the real 
estate of the association, and such benevolent and other 
purposes, and in such manner as shall be declared, provided 
for and directed in the constitution and by-laws hereinbe- 
fore authorized to be made. 

Fees and dues. § 3. The Said Corporation shall have power to assess 
such initiation fee and such monthly, quarterly and yearly 
dues as may be wanted for the purpose of carrying out the 
objects of said society, and may sue its individual members 
and collect the same by law. 

Object. § 4. The object of the association is hereby declared to be 

to unite the members thereof in a bond of brotherhood and 
mutual friendship, to minister to their wants in sickness, 
and afford relief in their necessities, to bury those who may 
die, and provide for the widows and orphans of the mem- 
bei'S of this association, if needy, and generally, by all 
means within the control of the association, to ameliorate 
the condition, both moral and physical, of the members of 
this association and their widows and orphans. 



BENEVOLENT ASSOCIATIONS. 135 

§ 5. This net shall be deemed a public act, and be in 
force from and after its passao^e. 
Approved February 16, 1867. 



AN" ACT to incorporate the Deutscher Roeiuiscli Katholischer St. Peter's In force Feb. 16, 
(Jnterstuetzungs Verein. ^^^'' 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That Michael 
Smitz, president, Lorenz Fran-^, vice-president, Sebastian corporators. 
"Wa2;oner, treasurer, Lorenz Biehl, secretary, and JXicholas 
Helfrich, assistant secretary, and the other members at pres- 
ent belonging to the "Deutscher Koemisch Katholischer 
&-t. Peter's Unterstuetzungs Yerein,'^ now existing in the . 
city of Chicago, in this state, and such other persons as 
may hereafter be admitted members of said association, 
according to the constitution and by-laws thereof, be and 
hereby are declared and constituted a body politic and cor- 
porate, under the name and style of the "Deutscher Roeni- ^a'"" and style, 
isch Katholischer St. Peter's Unterstuetzungs Yerein," and ^^'^^'"''^^ p°^- 
hereafter shall be known by that name and style; and. by 
that name, to remain in perpetual succession, with power, 
in and by that name and style, to sue and be sued, plead 
and be impleaded, prosecute and defend in all manner of 
actions at law or equity in all courts whatsoever, and, if 
necessary, to sign, execute and deliver by the president and 
secretary of said association for the time being, under the 
seal thereof all arbitration and other bonds, in obtaining 
the legal rights and advancing the interests of said associa- 
tion ; and, also, in and by such name, to acquire, purchase, 
hold, grant, bargain, sell, alien, convey and lease any pro- 
perty, whether real, personal or mixed, and to loan the 
moneys and funds of said association, and take promissory 
notes, bonds, mortgages and other evidences of indebtedness 
for the money or funds so loaned; and to have and use a 
common seal, and to alter the same at pleasure ; and to constitution 
make and from time to alter, as the association may deem andby-iawa 
proi)er and expedient, the constitution and by-laws of said 
association, declaring and containing the times and man- 
ner of election for officers of said association, and the num- 
ber and duties of such officers, and such other provisions 
for the good government, general welfare, improvements 
and existence of said associations, as a majority of the 
members may determine : Provided, such constitution and 
by-laws shall not be in contiict with the constitution of the 
United States or of this state, or the laws thereof. Said 
constitution and by-laws, when recorded on the records of 

\ 



136 BENETOLENT ASSOCIATIONS. 

said associatioa, shall be iu full force, and, on the production 
and proof of such records, shall be received in evidence of 
the facts therein stated in all courts of justice and upon all 
lawful occasions. 
Amount of per- ^ 2. The Said Corporation shall not at any one time, 

sonal property , V i i 11 

held, etc. hold pcrsonal property to a o;reater amount than one hun- 
dred thousand dollars, nor real estate to a greater amount 
than fifty thousand dollars. The personal property belong- 

Appropriation ing to Said associatiou shall not be appropriated otherwise 
than for the benetit of said association, and the uses and 
purposes for which it is founded, the improvement of the 
real estate of the association, and such benevolent and other 
purposes, and in such manner as shall be declared, provided 
for and directed in the constitution and bydaws hereinbe- 
fore authorized to be made. 

Feesanddues. g 3. The Said Corporation shall have power to assess 
such initiation fee, and such monthly, quarterly and yearly 
dues, as may be wanted for the purpose of carrying out the 
objects of said society, and may sue its individual members 
and collect the same by law. 

Object. g 4. The object of this association is hereby declared to 

be, to unite the members thereof in a bond of brotherhood 
and mutual friendship; to minister to their wants in sick- 
ness, and afford relief in their necessities ; to bury those 
who may die ; to aid the widows and children of such as 
may die ; and to provide for the widows and orphans of 
the members of this association, if needy ; and, generally, 
by all means within the control of the association, to 
ameliorate the condition, both moral and physical, of the 
members of this association and their widows and orphans. 
§ 5. This act shall be deemed a public act, and be in 
force from and after its passage. 
Approved February 16, 1867. 



In force March AN ACT to incorporate La Socicte Francaise de Bienfaisancc dc 1' Illinois. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assemly, That George 

corporators, p^ Loyncs, Alex. Bengley, F. A. Nitsheln, Ambrose 
Gagne, Theophile Gueroult, and All Coignard, and their 
associates, are hereby constituted a body corporate and 

Name and style, politic, by the name and style of " La Societe Francaise de 
Bienfaisancc de 1' Illinois ;" and by that name shall have 
perpetual succession, and shall have power to contract and 
be contracted with, to sue and be sued, to plead and be 
impleaded, answer and be answered unto, defend and be 
defended, in all courts of law or equity. 



BENEVOLENT ASSOCIATIONS. 137 

§ 2. Tliat the said corporation and their successors, by ^p^perly" °^ 
the name, style and title aforesaid, may receive, take, hold, 
either by gift, purchase, devise, bequest or otherwise, any 
real and personal property, for the use and for the advance- 
ment of the purposes of said corporation, and may rent, 
lease, sell, mortgage, convey or in any otherwise dispose of 
the same, according to the constitution and by-laws ot said 
corporation : Provided, ahoays, that said corporation shall 
not at any time bold or possess property exceeding in value 
the sum of fifty thousand dollars, 

§ 3. The object and purpose of said corporation shall be oi.jeetand pur- 
to extend relief and aid to its members in case of sickness, 
and to bury deceased members ; also to aid the widows 
and orphans of deceased members, and to do such other 
benevolent deeds as shall be in their power. 

§ 4. That it shall and may be lawful for the said corpo- powers and 
ration to have a common seal, and to alter and renew the P"^'ieges 
same at pleasure, they shall have power to pass such bj-laws 
and regulations for the management of their business as 
they may deem necessary: Provided, they do not in any- 
wise conflict with the constitution and laws of this state 
or of the United States, and shall, in general, have and exer- 
cise all such rights, privileges and immunities as by law 
are incident or necessary to the corporation herein consti- 
tuted. 

§ 5. The officers of said corporation shall be a president, officers. 
two vice-presidents, one treasurer, two secretaries, and such 
other officers as the by-laws may prescribe ; which officers 
shall be elected by the members of said corporation by ^°'^^^®°'^'^- 
ballot. 

§ 6. This act shall be deemed a public act, and be in 
force from and after its passage. 
Approved March 8, 1867. 



AN ACT to incorporate the German Workingmens' Association of the city In force March 
of Pekin, Illinois. " §> 1SG7. 

Section 1. Be it enacted hy the Peojyle of the State of 
Illinois, represented in the General AsseinUy, That August corporators. 
Winkel, Frederick Herring, Wm. Steinseifer, John Lucas, 
Heniy Lehr, and their associates and successors, and all 
other persons who may hereafter associate with them, be 
declared and constituted a body corporate and politic, by 
the name and style of "The German Workingmens' Asso- Name and style. 
ciation of the city of Pekin ;" and by that name they and 
their successors shall and may have succession, shall be 
capable of suing and being sued, contracting and being con- 
Yol. I.— 10 



ex- 
's 



233 BENEVOLENT ASSOCIATIONS. 

Power. tracted with ; may have and use a common seal, and the 

same may alter or change at pleasure ; and they and then- 
successors, by their corpoiate name, shall, in law, be capa- 
ble ot taking, receiving, purchasing and holding real and 
personal estate ; may sell and convey the same; to make 
by-laws for the management of its altairs, not inconsistent 
w'ith the constitution and laws of this state or the Uiiited 
States ; to elect or appoint the officers and agents of said 
association, for the management of its business. 
Constitution § 2. Tlic Constitution and by-laws now adopted by said 

and by-laws, ^ssociatiou, shall continue in force until changed by said 
association ; and all personal property and effects, of what- 
ever kind, now held by said association or any person in 
trust theretbr, shall, by" virtue of this act, vest in and be- 
come the property of the corporation hereby created. 
Election of offi- | 3. The association so incorporated may annually, or 

'^®"' oftener, elect from its own numbers such officers and man- 

agers as the association may deem proper, at such times 
and places, and in such manner and wirh such powers 
pressed and duties imposed on said officers and manager; 
as said association, by its by-laws, may direct; and, in case 
it shall happen that an election of officers and managers 
shall not be made on the day designated by the by-laws, it 
may and shall be lawful on any other day to kold an elec- 
tion of such (jfficers and managers. 

Gifts, donations, g 4, The associatiou incorporated by this act shall be 
capable of taking, holding and receiving any property, real 
or personal, by virtue of any gitts, purchase, devise or be- 
quest contained in any last will and testament of any per- 
son whatsoever, or in any other manner. 

§ 5. The association "incorporated by this act shall also 
have power to issue bonds and negotiate the same, and to 
borrow money and mortgage their property, both personal 
and real, or mixed, for the'payment of said bonds so_ nego- 
tiated, or money so borrowed: Provided, that nothing in 
this act contained shall be held to confer any banking priv- 
ileges upon the association hereby created. 

§ 6. The constitution, by-laws and resolutions of said 
association shall be in full force when recorded in the records 
of said association, and on the production and proof of such 
records shall be received as evidence of the facts therein 
stated in all courts of justice, and upon all lawful occasions. 
, § 7. Said corporation may require bond and satisfactory 

Officers seen- ^^-^^^,^^^^ ^.^. j^^ treasurer or other officers intrusted with 
moneys or other property, tor the faithful performance of 
his or their duties as such officers. 

Object. § 8. The object of this association is hereby declared to 

be to protect aiid promote the true interests of the work- 
ingmen. 

§ 9. This act shall be deemed a public act, and be m 
force from and after its passage. 
Appkoved March 8, 1867. 



etc. 



By-laws. 



BENEVOLENT ASSOCIATIONS. J39 

AN ACT to incorporate the Workman's Mutual Aid Society of Trenton, t„ f , 

Clinton county. " ' 9*^186^ '^'' 

Section 1. Be it enacted lij the People of the State of 
Illinois, represented in the General Assembly, That Adolpli corporators. 
Mueller, Paul Bassler, Lewis Eode, Jacob Peter, Adam 
Kenbrer, Adam Zachelmeier, Frank Leanhnng, George 
Fisher, Christian Hake and Constant Ambrose, members 
of the Workman's Mutual Aid Society, and other present 
members of said society, and such other persons as may 
hereafter be admitted members of said society, accordino- to 
the constitution, by-laws, rules and regulations thereott be 
and they are hereby created a body politic and corporate, 
m the town of Trenton, county of Clinton, and state of 

Snil'A-T'l' -^^ "'T """f '^}^ f "^^^" Workman's Name and stv.e. 

Mutual Aid bociety ot Trenton," tor the purpose of aidino- 
their members in sickness and distress, and providing for a °^-"''*' 
decent burial of their dead ; and by that name shall have 
perpetual successi(m, with power to sue and be sued, plead 
and be impleaded, prosecute and defend in all actions at 
law and in equity and in all courts whatsoever; and be 
capable in law of taking and holding, by purchase, grant 
gift, devise and otherwise, and of selling and con'veyino^* 
real and personal estate, and to loan the money and funds 
ot the society, and to take promissory notes, bonds, mort- 
gages and other evidences of indebtedness, to secure the 
same; to have and use a common seal, and to alter the 
same at pleasure ; to make, and from time to time to alter, as 
tbev may think proper and expedient, a constitution and 
by-laws lor said society, declaring the time of electino- the 
othcersot the. society, and the mode thereof, the number 
and duties of such officers, and, generally, such other pro- 
visions tor the good government and existence of the soci- 
ety as to them may seem proper. 

^Xt sSrh'^'^'l'^^^lT' V'^^''^' '""^ proceedings of said Record of con. 

society shall be entered by the secretaiy of the society in a ^"''^''°°' ^'^^ 
book kept lor that purpose ; and such books shall be evi- 
dence ot the matters therein contained in all courts of ins- 
tice. ^ 

\Aw:. 7^.^^^^ ^^'^r^ ""i carrying into effect the objects Trustees. 
of this act the members of the above society shall have 
power, and they are hereby authorized to appoint out of 
their members three trustees, to hold their office for a term 
^V^^^y^ar, and until their successors in office are ap- 

«pi,tv ^r^ f""'^^^ ""^^^ '"^'"'^ ^°"^ ^°^ satisfactory Bonds of offi- 

security ot its treasurer and trustees for the faithful pertorm- -"• 
ance ot their duties as such officers. 

§ 5. At all elections, each member who is not indebted Qualified voters 
to the said society, or suspended 'from its benefits, shall be 



140 



BENEVOLENT ASSOCIATIONS. 



Liabiliit'S of 
mem berg. 



entitled to vote ; and the majority of all votes cast shall 
make an election. 

§ 6. The members of the society shall be liable to pay 
to the society such sums of money, at such time and place 
as may be fixed by the constitution or by-laws of the socie- 
ty ; and for failure to pay the same, they may be pro- 
ceeded against by snit, in the name of the society, or their 
membership may be declared forfeited, at the discretion of 
the society. 

§ 7. The society shall not be dissolved and put in liquid- 
ation as long as ten members thereof desire and wish a con- 
tinuance of the society. 

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

Appkoved March 9, 1867. 



Ill force Feb. 14, 
186T. 



AN ACT to incorporate the Society of the Free Benevolent Sons of 
America, of the citv of Cairo, Illinois. 



Corporators. 



Name and style. 



Objects. 



May hold real 
estate. 



Section 1 . Jje it enacted by the People of the State of 
Illinois, represented in the General Assembly, That John 
Gladney, John Tyler, George W. Ellis, William Flonney, 
George W. Williams, and their successors and associates, 
are hereby created a body corporate and politic, by the 
name and style of "The Free Benevolent Sons of America, 
of the City of Cairo, Illinois ;" and by that name shall have 
perpetual succession ; and shall have power to contract and 
be contracted with, to sue and be sued, to plead and be im- 
pleaded, and to do and perform all such acts and things as 
are or may become necessary for the furtherance and ad- 
vancement of the purpose of said corporation as fully and 
completely as natural persons might or could do. 

§ 2. The object and purpose of said corporation shall 
be to extend relief and aid to its members in case of sick- 
ness or infirmity ; to bury deceased members, protect and 
care for the widows of such and educate their orphans. 

§ 3. The said corporation mixy receive, take and hold, 
either by gift, purchase, devise, bequest or otherwise, any 
real or personal estate, for the use of and for the advance- 
ment of the purposes of said corporation, and may rent, 
lease, sell, convey, or in anywise dispose of the same, accord- 
ing to the by-laws of said corporation hereafter to be 
adopted : Provided, such real and personal estate shall not 
exceed in value the sum of fifty thousand dollars. 

§ 4. The officers of said corporation shall be a president, 
vice president, recording secretary, corresponding secretaiy, 



BENEVOLENT ASSOCIATIONS. 141 

treasurer, and a board of managers, not less than live in 
number — the number to be determined, from time to time, 
by the corporation. The officers of said corporation shall 
be elected annually, on the second Monday in January, in 
each year, and shall hold their respective offices one year, 
and until their successors are elected and qualified ; and in 
case a vacancy occurs in any of said offices, in any manner, vacancy. 
the board of managers shall have the power to fill such va- 
cancy until the next annual election. The president, vice 
president, secretaries and treasurer shall be, ex officio, mem- 
bers of the board of managers ; and the president and re- 
cording secretary shall be, respectively, president and sec- 
retary of said board of managers — five of whom shall con- 
stitute a quorum for the transaction of business. 

S 5. The said corporation may, at any time, appoint subordinate 

1 1 J- . £12 1 -L^ i.1 officers. 

such subordmate officers, agents and com^nittees as they 
may deem necessary to carry out and eflect the objects of 
said corporation, and make and enforce all needful by-laws, 
rules and regulations : Frovided, the same are not iu con- Proviso, 
flict herewith or with the laws of this state. 

§ 6. It shall be lawful for said corporation to have a seai. 
common seal, and to change the same at will ; and said cor- 
poration shall, in general, have and exercise all such . 
rights, privileges and immunities as by law are incident or 
necessary to the corporation herein constituted. 

§ 7. This act shall take efi'ect and be in force from and 
after its passage. 

Approved February 14, 1867. 



AX ACT to incorporate the 'Washingtonian Home of Chicago. In force Feb. 

1867. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the 
" Washingtonian Home Association, of Chicago," is hereby 
created and declared to be a body corporate and politic, 
under the name of " The "Washingtonian Home of Chica- Name. \ 
go ;" with power to sue and be sued, plead and be impleaded, Powers, 
contract and be contracted with ; to take, by gift, grant, 
devise or otherwise, property, real personal and mixed, 
and the same to hold, use, lease, convey, mortgage and 
otherwise dispose of, for the purposes hereinafter mentioned ; 
to adopt and use a corporate seal, and alter the same at 
pleasure ; also to erect and maintain such buildings and 
other fixtures and conveniences as may be deemed requisite 
or necessary for tlie purposes of this corporation. 



142 BENEVOLENT ASSOCIATIONS. 

Object. § 2. The object of this incorporation shall be the found- 

ing and maintenance of an institution for the care, cure 
and reclamation of inebriates. 
By-laws. | 3. Said corporation ma}", from time to time, adopt 

such by-laws and at pleasure abolish, alter or amend the 
same, for the management of its business, the conduct and 
government of said institution and the inmates thereof, not 
inconsistent with the constitution and general laws of this 
state, as to them shall seem meet and proper. 
Directors -ten- § 4. Fifteen of the directors of said home, to be selected 
ure of office, j^y j^^^ g}^^^j| i^^j\([ their office until the third Monday of 
January, a. d. 1869, and the remaining lifteen until the 
third Monday of January, a. d. 1871 ; and on the second 
Monday of Januar}^, a. d. 1869, and biennially thereafter, 
Election of sue- g^i (J corporation shall elect successors in place of those 
whose term of office shall expire the Monday thereafter, 
who shall, respectively hold their offices for two years and 
Vacancies. Until tlieir successors shall have been elected ; and in case 
of removal, death or resignation of any one or more of said 
directors or their successors before the expiration of their 
term of office, their place may be tilled by said remaining 
directors ; and such person or persons shall hold their office 
' until the next biennial election. Seven of said directors 

shall constitute a quorum for the transaction of business. 
Commitment | 5. Any pcrsou Sentenced by the authorities of the 
persons'"^" °^ city of Chicago to the bridewell or house of correction for 
intemperance, drunkeness or for any misdemeanor caused 
thereby, may, with the consent of the proper officers of said 
"Home," be received and detained as an inmate of said 
home in lieu of the bridewell or house of correction, until 
the expiration of such sentence ; and when any such per-^ 
son has been committed to the city bridewell or house of 
correction for any such misdemeanor caused by intoxication 
or for drunkeness, either justice of the police court may, 
with the consent aforesaid, upon application, cause him to 
be transferred to the said Washingtonian Home, for the 
unexpired term of his sentence. 
Employments § 6. Said " Homc" may cause such mechanical or other 
and labor. employments to be carriecfon under the control of the sanie 
and may require its inmates to perform such labor as, in 
the opinion of the officers of said home, may be useful or 
necessary 10 facilitate the recovery of its inmates or pro- 
\ mote their welfare ; and every authority necessary or con- 

venient to carry into effect the provisions of this act is 
hereby conferred on said corporation. 
Putios of troa- ^ 7. It shall bc the duty of the treasurer of the county 
Mirers. of'Cook and the treasurer of the city of Chicago, or of the 

officers of either into whose hands' the same may come or 
be paid, to pay over to said corporation, in quarterly in- 
stallments, for the support aud maintenance of said institu- 
tion, ten per cent, of all moneys received for all licenses 



BENEVOLENT ASSOCIATIONS. 



143 



granted by authority of said county or city, for the right or 
privilege to vend or s«ll spirituous, vinous or fermented 
liquors witliin the said county of Cook and city of Chicago. 

§ 8. All the property at any time owned by said corpo- Piopeitv^ex- 
ration shall be exempt froin, taxation. taxation. 

§ 9. All acts or parts of acts inconsistent with the pro- inconsistent 

. ^ r 1 • ^ 1 1 11 acts repealed. 

visuuis ot this act, are hereby repealed. 

§ 10. This act shall be deemed a public act, and shall 
take effect from the date of its passage and approval by the 
governor. 

Approved February 16, 1867. 



AN ACT to incorporate the Firemens' Benevolent .Association of Spring- inforeeApnl2S* 
field, Illinois, and for other purposes. 1SC7. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That all such * 
persons as now are or hereafter may become members of 
the '' Firemens' Benevolent Association of the city of . . 

Springfield," in accordance with the constitution of said 
association and the by-laws of the board of directors of said 
association, shall be and they are hereby ordained, consti- 
tuted and declared to be a body corporate and politic, in 
fact and in name, by the name and style of the " Firemens' Name and style 
Benevolent Association of the City of Springfield ;" and 
by that name they and their successors shall and may have 
perpetual succession ; and by their corporate name shall be Powers, 
persons in law, capable of suing and being sued, pleading 
and being impleaded, answering and being answered unto, 
defending and being defended in all courts and places what- 
soever, in all manner of actions, suits, complaints, matters 
and causes whatsoever ; of having and using a common 
seal, and changino- and altering the same at pleasure; and 
of contracting and being contracted with; and of purclias- 
ing, h(.il(ling and conveying any estate or property, real, 
personal or mixed, for the use and benefit of said corpora- 
tion, and for no other use and benefit whatsoever : Provided, Proviso. 
that said corporation shall at no time hold property to an 
amount exceeding the sum of one hundred thousand dol- 
lars. 

§ 2. The said corporation shall have full power to make, Business and 
establish and prescribe for its own government and regula- "P'^''-'^""'^-"- 
tion of its own business and affairs and concei-ning the 
management and disposition of its own funds, such consti- 
tution, by-laws, rules and regulations as shall, from time to 
time, appear proper and needful for the proper carrying out 
and conducting of the business and purpose for wliich the 



144: 



BENEVOLENT ASSOCIATIONS. 



Objects, 



Rates of insu- 
rance, etc. 



said corporation is bv this act instituted, and for no other 
purpose whatsoever, whicli it ina.j alter or amend at ])leasure, 
provided the same be not repugnant to the constitution and 
laws of this state and of the United States. 

§ 3. The object of this association shall be to create a 
fund and provide means for the relief of the distressed, sick, 
injured or disabled members thereof and their immediate 
families ; and all property and money acquired by said 
association shall be held and used solely for that purpose; 
and the business, property, funds and estate of the said 
association managed, conducted and controlled according to 
the constitution, by-laws, rules and regulations above au- 
thorized. 

§ 4. For the purpose of enabling the said association 
more speedily to raise a fund sufficiently large for its pur- 
poses, it shall be lawful for said association to contract fur, 
take, receive and collect interest upon the loan or forbear- 
ance of any mone}^ goods or things in action at the rate of 
ten dollars upon the hundred, ' and after that rate for a 
greater or less sum or for a longer or shorter time. 

§ 5. In any action, suit or other proceeding, which is 
now or may hereafter be instituted, commenced or prose- 
cuted for tiie recovery or collection of any line, penalty or 
forfeiture imposed by any existing or future laws of this 
state or of any existing or future laws or ordinances of the 
common council of the city of Springfield or of any of the 
lire companies in the said city and appropriated to the use 
of such -association, it shall be no objection to the competency 
of any witness in any such action, suit or other proceeding 
for the recovery or collection of any such line, penalty or 
forfeiture so imposed and appropriated to the use of said 
association or of any of the tire comi3anies in said city, 
that he, the said witness, is or has been a member of said 
association or of said lire company or is or nuiy become 
entitled to the benefits of the association fund. 

§ 6. There shall be paid to the treasurer of said associa- 
tion, for the use and benefit of such association, by every 
person who shall act in the city of Springfield as agent for 
01' on behalf of any individual or association of individuals, 
not incorporated by the laws of this state, to effect insurance 
against loss or injury by fire in the city of Springfield, 
although such individuals or association may be incor[)0- 
rated for that })urpose by another state or county, the sum 
of two dollars upon the one hundred dollars, and at that 
rate upon all premiums \vhicli during the year or part of 

year ending on the next preceding first day of , shall 

have been received by such agent or person or received by 
any other person for him or shall have been agreed to be 
paid for any insurance eft'ected or agreed to be efi'ected or 
promised by him as such agent or otherwise against loss or 
injury by lire in the city of Springfield. 



BENEVOLENT ASSOCIATIONS. 14:5 

S 7. No person shall, in the city of Sprino^fielcl, as agent obligations and 

"^ ' . I . .,'.., , . T . 1 1 • f- requirements 

or otherwise tor any individual, individuals or association, of insurance 
effect or a^^ree to effect any insurance upon v^^hich the duty agents. 
•before-mentioned is required to be paid, or as agent or 
otherwise, procure such insurance to be effected, until he 
shall have executed and delivered to the said treasurer a 
bond to the Firemens' Benevolent Association of the City 
of Springtield in the penal sum of one thousand ^dollars, 
with sucli sureties as the treasurer, with a condition that 
he will annually render to the treasurer on the first day 
of January in each and every year, a just and true account 
verified by his oath, that the same is just and true, of all 
premiums which during the year ending the first day of 
December preceding such report, shall have been received 
by him or by any other person for him, or agreed to be paid 
for any insurance against loss or injury by fire in the city 
of Springfield, which shall have been effected from any 
individual, individuals or association not incorporated by 
the laws of this state, as aforesaid, and that he will annual- 
ly, on the first day of January of each year, pay to the said 
treasurer the sum of two dollars upon every one hundred 
dollars, and at that rate upon the amount of such premiums, 

§ .8. Every person [who shall] effect, agree to effect, pro- Forfeitures for 

• • • 1 " 1 1 • failure to 6X6- 

mise or procure any insurance specified m the preceding sec- e^te bonds, 
tions of this act, without having executed and delivered the etc- 
bond required by the preceding section, shall, for each 
offense, forfeit the sum of one thousand dollars which shall 
be collected in the name and for the use of the Firemens' 
Bj^ievolent Association of the City of Sprmgfield. 

§ 9. Any person who at any time hereafter, as agent or Reports of 
otherwise, for any individual or individuals or ass ciations pi*aee°of°bnsi- 
may, in the city of Springfield, effect or agree to effect any "nel^aVen^sr 
insurance specified in the preceding section of this act shall 
on the first day of January in each year, or within ten days 
thereafter, and as often in each year as he shall alter or 
change his place of business in said city, report in writing, 
under his proper signature, to the treasurer of the said 
Firemens' Benevolent Association of the City of Spring- 
field, the street and number thereof in said city of his place 
of doing business as such agent or otherwise, designating 
in such report the individual or individuals and association 
or associations for which he may be such agent or other- 
wise; and, in case of default in any of these particulars, sucli Penalty for fail. 
person shall forfeit for every such offense the sum of five ropor°,?tc^^ 
hundred dollars — to be recovered and collected in the name 
and for the use of the " Firemens' Benevolent Association 
of the City of Springfield." 

§ 10. This act shall be a public act, and shall be liber- 
ally construed in all courts of law and equity for all the 
purposes herein intended. 

Approved February 28, 1867. 



146 



BENEVOLENT ASSOCIATIOXS. 



Iq force March 
5, 1S67. 



Corporators. 



Name and styl« 



Constitution 
and by-laws. 



Election of offi 
cers, etc. 



Gifts, devises 
and donations, 



Evidence ol 

lawis. 



AN ACT to incorporate the French Mutual Society, of Ottawa, Illinois. 

Section 1. Be it enacted by the People of the State of 
Illinois^ represented in the Genercd Asstmhly^ That David 
Bernard, Fhillipp Shock, Louis Carter, Charles Wiedinan, 
Donat Hollicker, Christian Walter, and Peter Clanr, and 
their associates and successors, and all other persons who 
hereafter may associate witii them, be declared and consti- 
tuted a body corporate and politic, by the name and style 
of "The French Mutual Society, of Ottawa, Illinois"; and 
by that name they and their successors shall and may have 
succession ; shall be capable of suing and being sued, 
contract and be contracted with ; may have and use a com- 
mon seal, and the eame may alter or change at pleasure; 
and they and their successors, by their corporate name, 
shall in law be capable of taking, receiving, purchasing and 
holuing real and personal estate; may sell and convey the 
same; to make by-laws, for the management of its affairs, 
not inconsistent with the constitution and laws of this state 
or the United States ; to elect or appoint the officers and 
agents of said association for the management of its 
business. 

§ 2, The constitution and by-laws now adopted by said 
association shall continue in force until changed by said 
association ; and all personal property and effects, of what- 
ever kind, now held by said association or any person in 
trust therefor, shall, by virtue of this act, vest in and 
become the property of the corporation hereby created. ^ 

§ 3. The association, so incorporated, may annually, or 
oftener, elect from its own members such officers and man- 
agers as the association maj deem proper, at such times 
and places and in such manner and with such powers 
expressed and duties imposed on said officers and managers 
as said association, by its by-laws may direct; and in case 
it shall happen that an election of officers and managers 
shall not be made on the day designated by the by-laws, it 
may and shall be lawful, on any other day to hold an elec- 
tion of such officers and managers. 

§ 4. The association incorporated by this act shall bo 
capable of taking, holding and receiving any property, real 
or personal, by virtue of any gifts, purchase, devise, 
bequest, contained in any last will and testament of any 
person whatsoever, or in any other manner. 

§ 5. The constitution, by-laws and resolutions of said 
association shall l)e in full force when recorded in the 
records of said association; and, on the production and 
proof of such record, shall be received as evidence of the 
facts herein stated in all courts of justice and upon all law- 
ful occasions. 



BENEVOLENT ASSOCIATIONS. 



147 



§ 6. Said corporation may require bond and satisfactory security of offi- 
security of its treasurer or other ofiicer entrusted witli 
moneys, tor the faithful performance of his or their duties 
of such ofticer. 

§ 7.A The object of this association is hereby declared to object, 
be a benevolent society. 

§ 8. Suits may be instituted on promissory notes and suits at law. 
accouuts heretofore given to said society, in the name of 
the corporation hereby created. 

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

Ai'PKOTED March 5, 1867. 



AN ACT to incorporate the Benevolent Association of the Paid Fire De- 1° *^°^^|g^^^^' ^' 
partmcnt of the City of Chicago, and for other purposes. 

Section 1. Be it enacted hj the People of the State of 
Illinois, represented in the General Assembly, That all such 
persons as now are or hereafter may become members of 
the Benevolent Association of the Paid Fife Department 
of the City of Chicago, in accordance with the provisions 
of the constitution of the said association and the by-laws 
of the board of directors of said association, shall be and 
they are hereby ordained, constituted and declared to be a 
body corporate and politic, in fact and in name, by the name 
and^style of the "Benevolent Association of the Paid Fire Nameandstyie. 
Department of the City of Chicago;" and by that name 
they and their successors shall and may have perpetual Powers, 
succession; and, by their corporate name, shall be persons 
in law capable of suing and being sued, pleading and being 
impleaded, answering and being answered unto, defending 
and being defended, in all courts and places whatsoever in 
all manner of actions, suits, complaints, matters and causes 
whatsoever; of having and using a common seal, and 
changing and altering the same at their pleasure ; and of 
contracting and being contracted with; and of purchasing, 
holding and conveying any estate or property, real, personal 
or mixed, for the use and benefit of said corporation, and 
for no other use and benefit whatsoever: /Vet' ^V/^f/, that Pro^'^o- 
said corporation shall at no one time hold property to 
an amount exceeding the sum of one hundred thousand 
dollars. 

§ 2. The said corporation shall have full power to make, ^°^^^'^*"5a°"3. 
establish and prescribe for its own government and the 
regulation of its own business and affairs and concerning 
the management and disposition of its own funds, such con- 
stitution, bydaws, rules and regulations as shall from time 
to time apj)ear proper and needful for the proper carrying 



148 BENEVOLENT ASSOCIATIONS. 

out and conducting of the business and purposes for which 
the said corporation is by this act instituted, and for no 
other purpose whatsoevei', which it may alter and amend at 

Proviso. pleasure: Provided, the same be not repugnant to the 

constitution and laws of this state and of the United 
States. • 

^^-i^*^*- _ § 3. The object of the association shall be to create a 

fund "and provide means for the relief of the distressed sick, 
injured and disabled members thereof and their immediate 
families ; and all the property and money acquired by said 
association shall be held and used solely tor that purpose ; 
and the business, property, funds and estate of the said 
association shall be managed, conducted and controlled 
according to the constitution, by-laws, rules and res'ulations 
above authorized: And it is further ^provided, that the one- 
eighth of the amount of all lire insurance rates now annu- 
ally paid into the city treasury, to create a fund for the 
benefit of disabled or distressed firemen, who may become 
disabled while in the service of the city of Chicago, shall 
be annually paid by the comptroller of the city to the asso- 
ciation to be invested and held by them as a trust fund, for 
the benefit of firemen who shall or may become disabled 
while in the s»-vice of the city. ■ 

^etcf°^' ^"''^' § ^' ^^^ ^^y action, suit or other proceeding, which now 
is or hereafter may be instituted, commenced or prosecu- 
ted for the recovery or collection of any fine, penalty or 
forfeiture imposed by any existing laws of this state or by 
any existing or future law or ordinance of the common 
council of the city of Chicago, or any of the fire companies 
in said city and appropriated to the use of such association, 
it shall be no objection to the competency of any witness 
in any such action, suit or otlier proceeding for the recovery 
or collection of any such fine, penalty or forfeiture, so 
imposed and appropriated to the use of the said association 
or of any of the fire companies in said city, that he, the 
said witness, is or has been a member of said association 
or of said fire company, or is or may become entitled to the 
benefit of the association fund. 

construction of § 5. This act shall be a public act, and shall be liberally 
construed in all courts of law and equity for all the purpo- 
ses herein intended ; and the act heretofore passed on the 
same subject is hereby repealed. 
Ari'KOVED March 5, 1867. 



-ENEVOLENT ASSOCIATIONS. 149 



A'^ ACT to incorporate the Seaman's Benevolent Union of Chicago. j^ force March 

5, 1867.' 

Section 1. Be it enacted hj the People of the State of 
Illinois^ represented in the General Asse7nbly, That Thomas corporators 
Clancy, John Todd, Walter J. Cullen, William Foster, 
Thomas Fitzgerald, Peter Rostler, Andrew Anderson, 
Nicholas O'Connor, James Gorman, John A. Anderson, 
George Harris, William H. Stevenson, William McMullen, 
Henry Lovedell and Andrew Johnson, and their associates 
and successors, be and they are hereby created a body cor- 
porate and politic, by the nametuid style of "The Seaman's Name'and style 
Benevolent Union of Chicago;" and by that name and 
style shall have perpetual succession, with power to sue corporate pow- 
and be sued, plead and be impleaded; to acquire, hold and ®"" 
convey property, real, personal and mixed, in all lawful 
ways ; to have and use a common seal, and to alter the 
same at pleasure; to make and alter, from time to time, 
such by-laws as they may deem necessar}^ for the benetit 
and government of said Benevolent Union: Provided, such Proviso. 
by-laws are not inconsistent with the constitution and laws 
of this state and of the United States: And, provided, also, Proviso. 
that the valuation of property held by said Seaman's 
Benevolent Union shall not exceed twenty-live thousand 
dollars. 

§ 2. The objects of the Seaman's Bevevolent Union objects. 
shall be the moral, mental and mutual improvement of its 
members, who must be practical seamen and have followed 
such occupation for a livelihood, and that industry, sobriety 
and a feeling for mutual welfare shall form the basis of the 
principles of said union and its usefulness. 

§ 3, The Seaman's Benevolent Union of Chicago, which Election of offi 
shall, at least, consist of fifty members, shall elect bv ballot '^'^'^^' 
the -usual otticers of said union on the second Thursday of 
of March in each year ; and their duties shall last for "one 
year; and they shall consist of one president, two vice 
presidents, one financial secretary, one recording secretary, 
one conductor, one warden or janitor, and three trustee's; 
and all receipts, certificates or contracts shall bear the 
impress or stamp of the seal of said benevolent union, and 
shall be signed by the president or either vice president and 
countersigned by the recording secretary or financial secre- 
tary thereof. 

§ 4. The said corporation may receive, take and hold Donations, de- 
any gifts, devises, bequests or donations, which may be ^'*''^' ^"''' 
made and may be used for the promoting of the objects and 
usefulness of said corporation ; and the property so held or 
acquired shall not be liable to taxation. 

§ 5. It is fuither enacted, That the said corporation Rules, bylaws, 
shall have power to make all needful and necessary rules ^"^• 
and by laws for the regulation of its affairs ; and these shall 



150 BENEVOLENT ASSOCIATIONS. 

be binding on its members; and said rules, thereafter, shall 
not be altered, changed or amended, except by a vote of 
two-thirds of the members of said benevolent union, at a 
meeting called for said purpose of amending the rules or 
by-laws of said corporation. 

' § 6. This act sliall take effect and be in force from and 
after its passage. 

Approved March 5, 1867. 



In force March AN ACT to incorporate the Thief Detective and Mutual Aid Association, 
^> IS'''^- of Princeville. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ rejpesented in the General Assembly, Ihat all such 
persons as now are or shall hereafter become and shall 
continue and remam members of the Thief Detective and 
Mutual Aid Association, of Princeville, in Peoria county, 
and state of Illinois, from and after the date of the passage 
and approval of this act shall be and they are hereby crea- 
ted and constituted a body politic and corporate, by the 

Name and s^ie. description, name and style of "The Thief Detective and 
Mutual Aid Association, of Princeville ;" and shall have 
perpetual succession ; and may have and use a common 

Powers. seal, and jmay alter the same at pleasure ; and, by the same 

name [and] style, shall be capable of suing and being sued, 
pleading and being impleaded in any and all courts of law 
and equity whatsoever; and by that name shall be capable 
to contract and be contracted with ; to have, hold and enjo}^, 
by gitt, devise, grant, purchase or otherwise, real and per- 
sonal estate, not to exceed at any one time the value of 
twenty thousand dollars, and again to sell the same or to 
dispose thereof at pleasure ; and to loan the money and 
funds of the association, and take promissory notes, bonds, 
mortgages and other evidences of indebtedness, to secure 
the same. 

ovject. § 2. The object of this association sliall be : First— To 

detect thieving of all classes ; to pursue and arrest thieves 
and to bring them to just punishment under the law ; and 
second — To aid each other, in case of loss by theft, to such 
an amount as shall be fixed by the constitution and by-laws 
hereinafter provided for. 

conMiiution § 3. The Said association shall have power to make and 

adopt a constitution and by-laws for the government and 
maintenance of the said association, as they may from time 
to time consider tit and proper, not inconsistent with the 
constitution and laws of this state or of the United States ; 
and again to repeal and alter the same ; which constitution 



and bv-laws. 



BENEVOLENT ASSOCIATIONS. 151 

and by-laws, when made and adopted, shall be binding 
upon the members of said association, and may be enforced 
against them, either by suit, in the name of the association, 
or by forfeiture of the membership, or by both. 

§ 4. The constitution and by laws, also a record of the Records of pro- 
proceedings and the names of the members of the said "°""""° "'" 
association, shall be entered by an officer of the association 
in a book kept for that purpose ; which said book shall be 
2)rima facie evidence of the matter therein contained in all 
courts of justice. 

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

ArPKOVED March 5, 1867. 



ceeuiiigs, etc. 



AN ACT to incorporate the German Workingmens' Mutual Relief and Insu- In force March 
ranee Association, of Peoria. '' ^^^'• 

Section 1. Be it enacted hy the People of the State of 
Illinois^ rc2)res€nted in the General Assembly^ That Philip 
Bender, John Ohl, William Geilhausen, Bernhard Crener, corporators. 
Charles Finse, Enil Huber, Frederick Faber, John Trager, 
Charles Langjahr, Julius Proebsting, John Schnab, "William 
Kunst, Herman Tendering, and all other persons who may 
be hereafter members of the German Workingmens' Mu- m 

tiial Relief and Insurance Association, of Peoria, be and ^ 

are hereby created a body corporate and politic, by the name Nameandstjie. 
and style of ''The German Workingmens' Mutual Relief 
and Insurance Association, of Peoria," to be located in the 
city of Peoria, state of Illinois ; and by that name may sue corporate pow- 
and be sued, plead and be impleaded, appear, prosecute and ^"• 
defend in any court of record or other court or place what- 
soever; may have and use a common seal ; may purchase 
and hold such real and personal estate as may be necessary 
to efiect the objects of this corporation, and sell and convey 
the same at pleasure ; may make, institute and put in exe- 
cution such by-laws and resolutions, not being contrary to 
the laws of this state or of the United States, as may seem 
necessary or convenient to carry into effect the provisions of 
this act and the objects of the association. 

§ 2. All persons who shall at any time be insured in Membership, 
this association shall be members thereof during the con- 
tinuation of their respective policies. 

§ 3. The affairs of said association shall be managed by Directors. 
a board of directors, to be elected by a ballot by the mem- 
bers present, for one year, and to consist of not less than 
live nor more than fifteen members, as maybe regulated by 
the by-laws of said association ; and a majority of the 
above board shall constitute a quorum. The said board of Quorum. 



152 



BENEVOLENT ASSOCIATIONS. 



Object. 



Actions for 
covery, etc. 



directors sliall elect a president, vice-president, secretary, 
and treasurer, from their number, and shall transact all the 
business of the association. 

§ 4. The Bociet}^ hereby created shall be and exist for 
the mutual relief, benefit, assistance and support of its mem- 
bers, their wives or children, in cases of sickness and 
death. The association shall have the power to insure its 
members against the loss of life and insure the health of its 
members, upon such terms and conditions as may be regu- 
lated by the by-laws of the association. The rates of insu- 
rance shall be fixed by the board of directors, 

§ 5. The board of directors may levy an assessment upon 
the policies at any time they may deem it necessary for the 
payment of losses and expenses. Said assessment shall be 
equalized in proportion to the respective amounts of said 
policies. . The members of this association shall be bound 
to pay said assessments made for losses and expenses accru- 
ing during the time for which their policies were issued and 
in force. In case an action is brought for the recovery of 
any assessment due the said association^ the certificates of 
the secretary of the said association, under seal thereof, 
'specifying said assessment ; and this amount due the asso- 
ciation by means thereof shall be taken and received as 
prima facie evidence in all courts of the facts therein stated. 

§ 6. In all suits by or againt said association, any mem- 
ber thereof shall be a competent witness, except in suits 
in which such member shall be a party in his individual 
capacity : Provided, lie, she or they are not otherwise dis- 
qualified. 

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

Approved March 7, 1867. 



tn force March AN ACT to incorporate the Sisters of tlie Good Shepherd, of the City of 
7,1807. Chicago. 



Preamble. 



Corporator?. 



Whereas, the Sisters of the Good Shepherd, in Chicago, 
who are members of an order, the object of which [is] to 
reform abandoned women, and alford an asylum to such 
females as have been led away from the paths of virtue and 
wish to return, have applied for an act of incorporation ; 

Section 1. Be it therefore enacted hy the People of the 
State of Illinois, rept esented in the General Assembly, That 
Adeline Noreau, (known as Sister JVJary of the Nativity,) 
superior ; Mary Kavanagh, (known as Sister Mary of St. 
Fhilomene,) assistant ; Catharine Kiordan, (known as Sister 
Mary of St. Joseph,) counsellor ; and Clara Nonenkamp, 
(known as Sister Mary of the Visitation,) counsellor, and 



BOARD OF IMPROVEMENT. 153 

their successors in office, be and they are hereby declared 
and constituted a body corporate and politic, by the name 
of " The House of the Good Shepherd ;" and, by that Name. 
name, shall have the right to maintain and carry on" an in- Rights and priv- 
stitution, at Chicago, for the reformation of abandoned *^'^°^^- 
women ; shall have perpetual succession, be capable to con- 
tract and bo contracted with, to sue and be sued, to plead 
and be impleaded, to answer and be answered unto, defend 
and be defended in all courts or places whatsoever; to have 
a common seal, and alter it at pleasure ; to make such laws, 
rules and regulations as may be necessary for the proper- 
order, conduct and control of said house, and to purchase, 
take, by gift, grant or devise, receive, hold and enpv, ta 
them and their successors, any goods, chattels, lancis^an^ 
tenements, and to sell, lease or otherwise dispose of th^ 
same, at pleasure, 

§ 2. A7id be it further enacted^ That said corporation Business and 
shall have the light to keep a school or academy, or eno-ao-e p''''^«'«s'°°S' 
in any other lawful and legitimate profession or business, 
for the purpose of maintaining said house. 

§ 3. This act shall be a public act, and shall be con- construction of 
strued liberally and favorably for every beneficial purpose; '*''*■ 
and no misnomer of said corporation in any instrument of 
writing shall vitiate or defeat any gift or grant thereby 
made ; Provided, the intention of the parties can be gather- Proviso. 
ed from the instrument itself. 

§ 4. Be it further enacted, That the property of this Property ex- 
corporation, to the amount of fifty thousand dollars, (^50,- S.'^'°"' *^'^"- 
000,) is hereby released from taxation for any purpose 
whatsoever. 

Approved March 7, 1867. 



AX ACT to amend the charter of the American Bottom Board of Improve- inforceFeb 28 
ment, approved February 10, 1853. 1867. 

Section 1. Be it enacted by the People of the State of 
Illinois, rejrresented in the General Assemly, That a maioritv 
°f T'l'rLl^'';r„?,°,!!' °i?^il^;-™- Bottom ioa.-i k.,.™.. ,.. 



election of di- 



",,,*"' "^ oc..^. xxii^ciiurtu -UULCOm JjOara Residen 

ot Improvement, shall be residents of the American Bottom ^'^°"°' 
in St. Clair county, in this state; and that the election of ''''°'' 
directors ot said corporation, shall be held at their ofiice 
which shall be kept at East Saint Louis, in said county. ' 

§2. That in section five of said charter, the word "two" ^^"®^^"°'i « 
be stricken out and the word « five" be substituted therefor ''''"" '' 
iJ I' '^w? '"i ^,?^^'^'' ^'"^ ^^) °^ ^^^^ charter the words ci?an.e of sec 
"five'' and "eight" be stricken out and the word "ten" be ' 



substituted for each, respectively. 
Yol.L-11 ^ 



154 BOAED OF IMPROVEMENTS. 

See. T amended. § 4. Tkat section Seven (§ 7) of said charter be iso 
amended as to read as follovrs : " That for the purpose of 
meeting any interest upon the capital invested and the 
expenses incurred in the construction of embankments, 
levees and drainage of the land, and all interests accruing 
upon the bonds issued by the company, there shall be 
annually levied and collected, in the mode hereinafter pro- 
vided, a tax upon said lands so embraced within said em- 
bankments, levees, and all others in St, Clair county directly 
benefited by said drainage, leveeing or embankments; 
which said tax shall not be greater than will meet an 
amount sufficient to pay ten per cent, upon the capital so 
invested and bonds issued, and other expenses incurred^ 
The expenses of management and the annual necessary 
repairs to the work, when completed, after the application 
of any profits arising fropi said works, if any such there be, 
and the proceeds of said taxation, shall be applied to no 
other purpose ; any balance remainina: over from any one 
year shall be carried forward, as accredit, to the next." 

See. 8 amended. | 5. That section eight (§ 8) of said charter be amended 
so as to read as follows, viz: "Said company shall make 
out and deliver to the collector of St, Clair county, annually, 
a list of all persons and lands within said embankments 
and benefited by said drainage, leveeing or embankments, 
together with a statement made under oath of the treasurer 
of said company, of all moneys expended or borrowed for 
the construction and repair of said works, and also the 
necessary annual expenses of the management of the same; 
and it shall be the duty of the state and county collector, 
to place upon the state and county assessment, and in addi- 
tion thereto, such sum per cent, as will pay the expenses 
and interests hereinbefore reserved. The company shall 
assess all lands within the county of St. Clair, for such 
taxation, in proportion to the benefits said lands shall derive 
from said work done by said company; and said taxation shall 
be collected at the same time and places as state and county 
taxes are collected ; and, in the event of non-payment, the 
same rights and privileges, liens and remedies that are now 
in force, or shall be made obligatory by law, for the collec- 
tion of state and county taxes, shall be applicable to the 
collection of said special tax and any additional tax herein- 
after provided for, and the same judgment shall be obtained 
and the same privileges and obligations shall be imposed 
upon purchasers and owners as by law are applicable to 
lands sold for the non-payment of taxes, and all deeds exe- 
cuted by the sheriff, on a sale of such land for taxes under 
the provisions of this law, shall be received in all courts of 
justice as evidence of the same facts now evidenced by the 
sheriff's deeds under the revenue law of the state," 
^r* dditioS**^ § ^- "^^^'^^ section nine (§ 9) of said charter be amended 
ya lions. ^^ adding thereto as follows, viz: "Such vote shall be the 



BOAED OF IMPROVEMENTS. 155 

determination of the majority of the land holding legal 
voters of the district drained and embanked, voting at an 
election held for the purpose at the company's ofKce ; and 
upon the written application of any number of said land- 
holders, however, not less than twenty live, it shall be the 
duty of said American Bottom Board of Improvement to 
give at least thirty days' notice of the time and place of 
taking such vote, by publication thereof in some newspaper, 
printed in East St. Louis, in said county of St. Clair, and 
also by posting up printed notices thereof, in at least twenty 
of the most public places within the territory drained and 
embanked by said company ; and that as soon as the object 
of this charter is accomplished, viz : the lands in the 
American Bottom in said townships number one and two 
of north ranges nine and ten, west of the third principal 
meridian, in said^ county of St. Clair, are drained and em- 
banked, it shall be the duty of the directors of said company 
to provide for the speedy and gradual redemption of the 
company's bonds and capital stock, by levying and collecting 
annually an additional tax of not less than one nor more 
than three per cent, upon the assessment for state and county 
purposes of the lands affected by the works of this com- 
pany and subject to taxation from it, by virtue of this char- 
ter. Such additional tax shall be appropriated for the 
purposes named and for no other." 

§ 7. Whenever the work and all the property of the owners posses- 
said American Bottom Board of Improvement shall become er°y, etc. ^"^' 
the property of the owners of the land, as provided in sec- 
tion ten (§ 10) of the act, to which this is an amendment, 
the same shall thereafter be managed by the owners of said 
land and otherwise legal voters in the district drained and em- 
banked, instead of the county court of said St. Clair county ; 
and the said land owners shall thereupon become a body cor- 
porate and politic, under the name of "The American Bottom incorporated 
Board of Improvement;" and said company shall be ''^°"^°^- 
invested with all the powers, in the management of said p^^g^s and 
works and property, as is conferred upon the county court privileges. 
of St. Clair county in said section ten, (§ 10,) and shall 
manage [the same under a board of seven directors, to be 
chosen annually by said land owners ; which board shall 
choose a president and secretary, who shall be the acting 
ofhcers of said company. Said company may contract and 
be contracted with, sue and be sued, by its corporate name 
aforesaid ; may have a common seal, and may make such 
rules and regulations, not inconsistent with the laws of the 
land, as may be necessary to enable said company to execute 
the powers and duties conferred on it. 

§ 8. Whenever the directors of the corporation created contracts and 
by the act to which this is an amendment, or of the com- agreements. 
pany succeeding it by virtue of the foregoing section, may 
deem it expedient to do so, they shall have full power and 



156 BOAED OF IMPROVEMENTS. 

authority to contract for and a^ree to the use of any em- 
bankment or other work of paid company by and with any 
person or persons, corporation or corporations, who may 
desire to use the same for railroad, turnpike, plankroad, 
wharf or other useful purposes ; however, for no less a con- 
sideration than tiie keeping in repair and preservation of 
- such embankment or other work, free from charges against 
said company : Provided^ that the party thus using said 
embankment or other work of said company shall, without 
a special contract to the contrary, not be liable for any 
damage done to the same by a flood, and after reasonable 
efforts on their part to prevent the same. 
Penalties for § 9. If any pcrsou shall willfully or maliciously dig 
.'Suetioif'^of down, break down, level, demolish, or otherwise destroy, 
property. obstruct or damage any of the levees, embankments, drains 
or other works, or any part thereof, made or hereafter con- 
structed by the American Bottom Board of Improvement, 
■ every person so offending shall be deemed guilty of a 
misdemeanor, and shall upon conviction thereof, before any 
justice of the peace, be punished by a fine of not less than 
fifty nor more than one hundred dollars; or, upon conviction 
thereof before any other court of competent jurisdiction, 
shall be punished by a fine as aforesaid, or by imprisonment 
for a term not exceeding one year, or both ; and such 
offender shall also be liable in an action of trespass, to be 
brought against him, her or them in any court of compe- 
tent iurisdiction, in the name of such company, occasioned 
Application and by lus, her or their unlawful acts. All fines thus recovered 
fmr8°1tc°'^ °' s'^^^^ ^^ P'"^^^ "^^^ ^^® treasury of said company, to be 
applied by said company as funds raised by taxation. All 
members of said company shall be competent witnesses in 
such suits, and to enable the said corporation to enforce the 
provisions of this section, power and authority is hereby 
given to the ofhcers of said corporation who are entrusted 
by said company with superintending the construction or 
the preservation of the company's works, respectively, to 
Arrests. arrcst, without process, any perecn or persons who, to their 

knowledge may have committed any ofi'ense against the 
provisions of this section, and shall carry such offender or 
offenders before a justice of the peace for trial or examina- 
tion. 
conflieUng pro- Anything in the act, to. which this is an amendment 
visions repeal- inconsistent with the provisions of this act are hereby 
repealed. 

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

Approved February 28, 1867. 



BOARD OF SUPERVISOKS. 157 



AN ACT to legalize the acts of the Board of Supervisors of Richland county, in force Feb "0 

1867. " " ' 

Section 1. Be it enacted By the People of the State of 
Illinois^ represented in the General Assembly^ That so much Act of board of 
of the acts of the board of supervisors of Richland county, mideTaT 8i, 
made on tlie 31st day of January, 1865, providing for and and'confirme^/ 
directing the payment of one hundred dollars to each of 
eighty-six volunteers, thereafter enlisting in the service of 
the United States for said connty, and also the orders there- 
after made by said board, authorizing the county clerk of 
said county to issue bonds or orders for the purpose of rais- 
ing a bounty fund for said county, and the sale of the same 
to the amount of nine thousand one hundred and thirty- 
eight (§9,138), and also the assessment and collection of the 
tax in said connty for the payment of the same, be and the 
same are hereby legalized and confirmed; and the board of g^ ^^^15^,,^,^^, 
supervisors of the county of Richland are hereby author- ligations, etc. 
ized and required to pay to all who have not received the* 
same the sum of one hundred d(jllars and interest thereon, 
from the time of volunteering, to each volunteer for said 
county, who volunteered after the thirty-first day of Jan- 
uary, 1865. 

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

Appkoved February 20, 1867. 



AN ACT to amend the "Act to incorporate a board of trustees for the town in force March 
of Lake View, in Cook countv," approved February 16, 1865. 5; 1S67. 

Section 1. Be it enacted by the People of the State of 
lUinois^ represented in the General Assembly^ That the 
township of Lake View, in Cook county, is and shall be a 
municipal corporation, under the name of the town of Lake Name. 
Yiew, and may have and use a common seal, and alter the 
same at pleasure. 

§ 2. The supervisor of said town shall be the president, supervisors. 
and the clerk of said town shall be the clerk of the board 
of trustees ; and regular meetings of the trustees shall be 
held at such times and places as they may, by order or reso- 
lution, appoint. 

§ 3. The supervisor shall be the treasurer, and execute Treasurer. 
such bond as the board of trustees may direct. The clerk 
shall perform such duties as may be prescribed by the board 
of trustees, and the records and certified copies therefrom, 
or of any paper on file in the office of said clerk, shall be cierk's duties. 
evidence in all courts and places. 

§ 4. The board of trustees shall have power to levy Taxes.* 
taxes on the real estate and personal property assessed in 



158 BOARD OF TRUSTEES. 

said town, to pay the expenses authorized by this act and 
the act to which this is an amendment. Whenever the 
board of trustees determines on the rate of taxation, the 
town clerk shall file a certificate thereof with the county 
clerk, who shall compute and extend the taxes on the real 
and personal property assessed in said town and returned to 
him by the town assessor, as in the case of town taxes ; and, 
thereafter, the like proceedings shall be had to collect the 
same and enforce payment tbereof as in the case of other 
taxes. The money, when collected, shall be paid to the 
treasurer of the board of trustees, and paid out as may be 
ofdered by said board. 

Borrow money, g 5, 'X'he hoard of trustccs shall have power to borrow, 
not exceeding two thousand dollars in any one year, at a 

Rate of interest rate of interest not exceeding ten per cent, per annum, to 
enable the town to meet any deficiency or to anticipate the 
collection of the taxes for the current year. 

Town hall and § 6, The board ot trustees may build a town hall and a 

calaboose. 'calaboosc, at such place as they may designate ; and for 
that purpose may borrow money, if necessary, for and in 
behalf of the town, and levy a tax to pay the expense of 
procuring a site and erecting either or both of such build- 

Costof. ings; but the cost shall not exceed the sum of three thou- 

sand dollars, unless the plan and amount be first submitted 
to the legal voters of said town at any regular election, or 
any special election ordered by the trustees for that purpose. 
Whenever a town hall shall be built the town meetings, 
f elections and the meetings of the board of trustees, shall 
be held at such town hall. 

Supervision of § 7. The board of trustees shall have the control and 

highways, etc. gupervigjon of the highways, streets, alleys, public grounds 
and parks in said town ; any park that may be opened by 
the North Park commissioners, under an act entitled "An 
act to provide for the location, improvement and regulation 
of a certain park therein named," approved February 16th, 
A. D. 1865 ; and the overseers of highways shall be subject 
to the orders of said board. 

Duties and § 8. The board of trustees shall have power to lay out, 

u-ustees."^ Open, widen, narrow, extend, straighten, alter or vacate high- 
ways, streets and alleys, and to cause new or old highways, 
streets or alleys to be* surveyed, platted and recorded. 
Whenever the board of trustees shall determine to execute 
any power under this section, the three commissioners of 
highways shall proceed in the manner provided by the laws 
in regard to township organization, in force at such time ; 
and the commissioners shall report their proceedings to the 
board of trustees for examination and confirmation, and, if 
disapproved, the same shall be of no force, but, if con- 
firmed, the same shall have the like efi'ect as the final de- 
cision of the commissioners of highways under the township 



BOARD OF TKUSTEES. 159' 

organization laws ; and an appeal may be prosecuted from 
the decisM^n of the board of trustees of disapproval or con- 
firmation, in the same manner and with like effect as from 
the final decision of commissioners of highways. 

§ I). The board of trustees may provide for the expenses Expenses oi 
of opening, widening, narrowing, extending or altering melTts!"^^"^^" 
highways, streets or alleys, and for improving the same, as 
authorized by the act to which this is an amendment, by 
general taxation, or tor a part thereof, by special assessment, 
and a part by general taxation, or for the whole, in the man- 
ner provided in said act as they may see proper. 

§ 10. All highways, streets, avenues, alleys, squares, conveyances of 
parks or public grounds, marked or noted as such, on any ty,^e'tc.^'^°^^'^' 
plat, subdivision or map of any tract or parcel of land in 
said town, heretofore made or hereafter to be made by the 
owner thereof, and recorded in the ofiice where deeds have 
been or may be required b_y law to be recorded, shall be 
deemed in law and equity a sufiicient conveyance to vest 
the fee simple of all such parcels of land in the town of 
Lake Yiew, for the*uses and purposes expressed or indi- 
cated on said plat, in like manner and with the same effect 
as is provided in section twenty-one, division one, chapter 
twenty-five, of the revised laws of 1815, entitled "Corpora- 
tions." 

§ 11. The board of trustees shall also have power to Nuisances. 
define and declare what shall be deemed nuisances, and to 
prevent and abate the same and to provide for the punish- Punishment of 
ment of offenders against any order or ordinance passed 
concerning the same, by fine or imprisonment, or both; to 
fix and determine the location of any cemetery which any 
person or corporation may hereafter desire to establish or 
to open in the town of Lake Yiew, and to fix the bound- 
aries of any cemetery, and to prevent the interment of the Location of 
dead in any place not now actually used as a cemetery, or ^^^^ ^^^^^' 
lying within the inclosure of a cemetery now established ; 
to designate the place of holding elections and town meet- Races of hold- 
ings until a town hall may be built ; to license or regulate '"" ^^"^ '°°^' 
saloons, gardens of public resort, and the sale of spirituous. Liquor traffic, 
vinous or malt liquors ; to prohibit and suppress gaming. Gaming. 
houses of ill-fame, horse-racing and all disorderly houses x)isorderiy 
and places ; to provide for the punishment of those engaged °^^^^- 
in fighting, riots or breaches of the peace, or those who may Breaches of 
disturb the peace and quiet of any religious assembly or ^^^.^^' 
private family ; to commence and prosecute or defend any 
suits or legal proceedings, and to employ attorneys and ^"orneys.etc. 
necessary agents for that purpose ; to appoint policemen, Policemen and 

J X. ^1 • "i i." 1 x; xi • Ml- !• their duties. 

define their duties and fix their compensation ; policemen, 
constables and members of the board of trustees may each 
arrest, without warrant, any person who may be found in Arrests. 
the violation of the charter of the town or ordinances passed 
in pursuance thereof, or who may be suspected of any such 



offenders. 



160 



BOARD OF PUBLIC AVORKS. 



Justices' juris- 
dietiou. 



Keeping open 
of saloons on 
Sunday. 



Penalties for. 



Repealed act. 



Ordinances val- 
id and in force. 



■'Rights of the 
Lake View av- 
enue Co." 



Notice of act. 



offense, and bring the person so arrested before any justice 
of the peace in said town for examination. 

§ 12. The town shall sue and may be sued by its corpo- 
rate name. The justices of the peace of the town shall 
have jurisdiction of all suits or proceedings for a violation 
of any of the ordinances passed thereunder ; warrants and 
other w^rits may be served by the constables or policemen 
of the town anywhere in Cook county. All fines shall be 
paid to the treasurer of said board. 

§ 13. It shall not be lawful to keep open on Sunday, in 
the town of Lake Yiew, any saloon or other place where 
liquors, ale or beer, shall be sold or given away within 
twenty-hve rods distance from any cemetery, school house 
or church without the written consent of the superintend- 
ent of such cemetery, or the directors of the school district 
where such school house is situated, or the trustees or ves- 
trymen of such church, as the case may be, and every 
violation of this section shall be punished by a fine of one 
hundred (100) dollars, to be recovered before any court of 
competent jurisdiction, and the license of the offender or 
offenders shall cease, and be null and void from and after 
any conviction for any such offense, 

§ 14. The proviso to section three (3) of the act hereby 
amended, and all parts of said act inconsistent with this 
act, are hereby repealed. 

§ 15. The ordinances heretofore passed by the board of 
trustees are hereby declared valid, and shall remain in force 
until amended or repealed by said board, and said board of 
trustees may carry out the powers conferred on them by 
resolution, order or ordinance; but neither this act nor the 
act hereby amended shall in any way be construed as giving 
power to impair the rights of tlie Lake Yiew avenue com- 
pany or the powers and privileges granted, or to be granted, 
to the said north park commissioners. 

§ 16. This act shall be a public act, and all courts shall 
take judicial notice thereof, and it shall take effect from and 
after its passage. 

Approved March 5, 1867. 



In force March AN ACT 
T, 186T. 



i-effard to the Board of riihlic Works'of the City of Chicago. 



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

Illinois^ represented in the General Assembly^ That nothing 

^p"evi'ous'acts?*^ Contained in any act of this general assembly heretofore 

passed shall in any manner be construed so as to repeal 

seetion sixteen of an act approved February 15, 1865, 



BOOK CONCEEN. 

entitled " an act to amend an act entitled an act to reduce 
tlie charter of the city of Chicago and the several acts 
amendatory thereof, into one act and to revise the same, 
approved February 13th, 1863." 

§ 2. Tiiis act shall be a public act, and take effect from 
and after its passage. 

Approved March 7, 1867. 



161 



AN ACT to incorporate the Western Methodist Book Concern of the in force Feb. 14 
Methodist Episcopal Church. IS*'"- 

Section 1. Be it enacted bij the People of the State of 
Illinois, represented in the General Assembly, That Adam 
Poe a!)d Luke Hitchcock, agents and trustees of the Wes- 
tei-n Methodist Book Concern and their successors to be 
chosen as hereinafter provided, be and they are hereby con- 
stituted a body corporate and politic by the name of " The Name. 
Western Methodist Book Concern," and by such name 
shall have perpetual succession ; with power to contract, powers, 
be contracted with, to sue and be sued, plead and be im- 
pleaded ; to take and hold, by gift, grant, devise or other- 
wise, any property, real, personal or mixed ; and the same 
to manage, grant, convey, lease or otherwise dispose of; 
and to execute such trust or trusts as may be contided to 
said corporation for the promotion of the objects of this 
incorporation. 

§ 2. The objects of this corporation shall be the publi- objects. 
cation, dift'usion and circulation of moral and religious 
literature, books, periodicals and publications under the di- 
rection and in conformity with the rules and regulations of 
the general conference of the Methodist Episcopal Church 
in the United States. 

§ 3. The general conference of the Methodist Episcopal Appointments 
Church in the United States shall elect or appoint succes- "f successors, 
sors of the said Adam Poe and Luke Hitchcock at any 
meeting of said conference and shall prescribe the term of their 
ottice ; and should any person so elected or appointed die duties of. 
or resign or be removed in the interval of said general 
conference, such vacancy may be filled in such way as said 
general conference shall prescribe ; and said Adam Poe 
and Luke Hitchcock and their successor and successors in 
office, shall hold their office, exercise the powers herein 
conferred and conduct the business of said corporation and 
manage the concerns and appropriate the funds thereof, in 
conformity with such rules, regulations and directions as, 
from time to time, may be prescribed by said general con- 
ference. 



162 bouin^daky lines. — bounty fund. 

^trilst'el^? ^^""^ § 4- A failure to elect trustee or trustees at any time 
shall not work a dissolution of this corporation. 
Appkoved February li, 1867. 



In force Feb. 28 AN ACT to explain an act therein named. 

1S67. 

Section 1. Be it enaoted hy the People of the State of 
Illinois^ represented in the General Assembly^ That an act 
^jw't^definin" °^ ^"^^^^^*^^ " '"^^ ^-^^ defining the southern boundary lines of 
boundaries". Wayne and Edwards counties, and establishing- the boun- 
dary line of Tazewell county," approved January 22, 1829, 
shall be construed to mean that the south line of Edwards 
county shall be ascertained by continuing a line due east 
to the Wabash river from the south-east corner of section 
thirteen, township three south, range nine east. 

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

Approved February 28. 1867. 



In force March AN ACT to authorize the citizens of Orion township, in the county of Ful- 
8,1867. ton and State of Illinois, to change the fund known as the Bounty Fund 

to the School Fund of said town. 

Preamble. Whekeas, by an act entitled "an act to enable the citi- 

zens of Astoria and Orion townships, in Fulton county, to 
levy and collect a special tax to pay bounty to volunteers, 
substitutes and drafted men," approve I February 16, 1865, 
the township of Orion has on hand an unexpended balance 
from said fund and from individual contribution ; that it 
is desired to change the said fund to the school fund of 
said town : therefore. 

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

Moneys raised Jecral votcrs of the towuship of Oriou, in the county of 

for bounty fund -r^», , ,• t^^• • ^ , ,^ ^ • . 

transferred to 1< ultou and statc 01 Uiinois, at the annual town meeting m 
school funds. ^pj,ii^ ^_ jj_ 13(3Y^ j^jj^y direct, by resolution, that any mon- 
eys heretofore raised by tax or individual contribution to 
pay bounties to volunteers, substitutes or drafted men, shall 
be paid to the school treasurer of said town and be added to 
and forever remain a part of the school fund of said town 
of Orion, township seven (7) north, range live (5) east. 
Payment of. § 2. If the Said fuud is so appropriated at said town 

meeting, as provided in section one, it shall be the duty of 
all persons having the custody of the aforesaid bounty fund 



BRIDGES. 163 

to pay over the same to the school treasurer on his demand 

for the same and take his receipt for the same ; and upon suits therefor. 

the refusal or failure of any person holding said fund to 

pay over the same on demand of said school treasurer, it 

shall be the duty of said treasurer to institute suit or suits 

therefor in any court having jurisdiction thereof and ten interest adced. 

per cent, per annum shall be added to the amount in such 

custodian hands, to be calculated from the date of the 

demand of said school fund treasurer until paid to said 

school treasurer, and the court having jurisdiction in the 

case shall so decree. 

§ 3. It shall be the duty of the town clerk of the said ^eSleirn. 
town of Orion, in putting up notices for the annual town 
meeting in April, 186T,'to insert in said notices that the 
electors of said town will be called upon to vote by resolu- 
tion upon the question of changing the fund known as the 
bounty fund to the school fund of said town ; and it 
shall be the duty of the moderator of said town meeting to 
cause proclamation to be made at the door of the house in 
which said meeting is held that the subject of the change of 
the bounty fund to school fund will be acted upon between 
the hours of two and four o'clock, p. m,, of said day. 

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

Approved March 8, 1867. 



AX ACT to authorize and empower the Vincennes Draw Bridge Company in force Febru- 
to acquire and hold real estate in this state, and to authorize said com- ary5, 1867. 
pany to construct their bridge across the Wabash river. 

Whereas, it is represented to this general assembly that Preamble, 
the Yincennes Draw Bridge Company is a corporation duly 
organized and existing under the laws of the state of Indi- 
ana lor the purpose of erecting, owning and maintaining a 
toll bridge across the "Wabash river from the city of Yin- 
• cennes, in said state of Indiana, to a point opposite said 
city of Yincennes, in the county of Lawrence, in this state; 
and, whereas, it is further represented to this general assem- 
bly, that the erection of said bridge will be very much to 
the advantage and benefit of a portion of the citizens of this 
state; therefore, 

Section 1. Be it enacted hy the People of the State of 
Illinois, rejpresented in the General Assembly, That the said ^°*f»ultat°.°' 
Yincennes Draw Bridge Company, be and hereby is author- 
ized and empowered to acquire and hold in this state by 
purchase or otherwise, all real estate which may be neces- 
sary for the purposes of said company, and said company. 



164: BRIDGES. 

is furthermore hereby authorized to construct, own and 
maintain their said bridge across said Wabash river from 
any point in Vincennes, Indiana, to any point in Lawrence 
county, in this state, which the officers of said company may 
select as the terminus of their said bridge in this state. 
Writ of ad quod g 2. Beit further enacted, That in the event that the 

damnum. ^ «^ ,. i V i. • j.i • i. i. i • i 

owner or owners ot any real estate m this state, which may 
be necessary for the purposes of said company, refuse to 
dispose of the same, or the owner or owners and the officers 
of said company are unable to agree upon the prices there- 
of, said company may apply to the judge of the circuit 
court of Lawrence county for a writ of ad quod damnnum^ 
which shall be issued, directed and proceeded in as herein- 
after directed : Provided, that notice, in writing, of such 
application be given the owner or owners of such real estate 
for ten days' before said application is made, by personal 
service, upon the owner or owners of said real estate, if 
found in the county, and if not, then by fixing said notice 
oh the court house door of the county. 

^Icutiou"o'f wrft" § ^- The said writ shall be issued by the clerk of the 
circuit court upon the order of said judge, and directed to 
the sheriff of said county, commanding him to summons 
tM^elve good and lawful men to meet upon the lands in 
said writ named, on a day therein to be specified, and ten 
days' notice of the execution of such writ shall be given by 
the sheriff to the proprietors of such land, unless the party, 
his, her or their agent, was present in court, or before the 
judge when such writ was obtained. 

Duties of jury. g 4. The jury so empanneled when met, shall be sworn 
and charged by the sheriff, impartially and to the best of 
their skill and judgment, to view the lands in said writ 
described, and shall set apart, by metes and bounds, so 
much land as they may think necessaiy for the purpose of 
said company, having a due regard in such location to the 
interests of all parties concerned, and shall apju-aise the 
same at its true cash value, which inquisition shall be made 
and signed by all the jurors and returned by the sheriff, 
with the writ, to the clerk of said court, and at the next 
term thereof judgment shall be rendered against said com- 
pany for the value of said lands as assessed by the jury,, 
and upon the payment of said sum, said company may take 
possession of said lands and proceed M'ith the building of 
their bridge. 

§ 5. Be it further enacted, That this act sliall be in force 
from and after its passage, and shall be a public act. 
Appeoved February 5, 18G7. 



BRIDGES. 165 

AN ACT to legalize the Quincy Railroad Bridge Company, and to facili- In force Febru- 
tate and encourage the construction of a railroad brid"-e over the Missis- ^^^ ^' ■^^*'"- 
sippi river at Quincy. 

Section 1. Be it enacted ly the People of the State of 
Illinois, represented in the General Asembly, That the con- consolidation 
solidation of the Quincy Bridge Company, organized under \^t{^lf ^'''^ 
the laws of the state of Missouri, and of the raih-oad bridge 
company organized under the laws of this state for the con- 
struction of a railroad bridge across the Mississippi river at 
Quincy, made by and between said companies by their 
articles of consolidation, bearing date the twentieth" day of 
November, a. d. 1866, and filed and recorded in the office of 
the secretary^of state of this state on the third day of Decem- 
ber, A. D. 1866, and adopting for the said consolidated com- 
pany the name and style of "The Quincy Kailroad Bridge 
Company," be and the same is hereby legalized, ratified and 
confirmed, and the said consolidated company, by the name 
and style aforesaid, shall have, exercise and enjoy all the 
rights, rowers, privileges and immunities which were granted 
to the Railroad Bridge Company aforesaid, by the original 
act incorporating the same, entitled " An act to incorporate 
the Quincy Bridge Company," approved February 10, 1853, 
and by the act renewing the same, approved February 15, 
1865, and copies of the said articles of consolidation certi- 
fied by the secretary of state, under his seal of office, shall 
be evidence of the legal existence and organization of the 
said consolidated company in all courts and places in this 
state: 

§ 2. That the said corporation shall have power to con- Business pow- 
nect any bridge built under the provisions of the act afore- ^"• 
said and of this act, by the necessary railroad tracks and 
side tracks with any railroad now constructed or hereafter 
to be constructed to the city of Quincy, and the second 
section of an act approved February 15, 1865, entitled "An 
act_ to revive an act entitled 'an act to incorporate the 
Quincy Bridge Comjjany,' approved February 10, 1853," is 
hereby repealed. 

§ 3. That the part of the said railroad bridge which r»raw and span. 
may be built over the Quincy bay so called, shall have a 
dra^w over the main channel of said bay with a span for the 
draw of not less than eighty feet in length, clear of the 
abutments, and said draw shall be opened upon reasonable 
signal for the passage of boats, whose construction shall not 
be such as to admit of their passage under the permanent 
spans of the bridge, except where trains are passing over 
said bridge. 

§ 4. This act shall be deeemed a public act, and shall 
take etiect from and after its passage. 

Approved February 6, 1867. 



166 



In force Febru- AN ACT to amend an act entitled an act to amend " An act to authorize 
ary 12, 1867. ^ company to build a bridge across the Illinois river at the City of Henry, 
and to amend an act entitled ' an act to authorize a company to build a 
bridge across the Illinois river at the City of Henry.' " 

Section 1. Be it enacted by the People of the State of 
HUnois, represented in the General AssemUy, That the first 
Act approved gection of the act to amend "An act to authorize a company 
i86i| amended, to biiild a bridge across the Illinois river at the city of 
Henry," approved February 22, 1861, be so amended that 
the time for building and completing said bridge be extended 
until the tenth day of January, A. d. 1873, 
Section 7 of act | 2. That the seventh section of the act to authorize a 
i7,^i857?1imen- company to build a bridge across the Illinois river at the 
^^^' city of Henry, approved February 17, 1857, be so amended 

that the said city of Henry shall be authorized to subscribe 
to the capital stock of said bridge company any further sum 
not exceeding thirty thousand dollars, or may loan the credit 
of said city to said company for the same sum in the man- 
ner, and according to the conditions provided in the said 
seventh section. 
Proviso of sec- § 3. That the proviso of the eighth section of the said 
tion 8 amended ^^^ ^^ ^^ amended that the amount of stock to be taken by 

any one town shall not exceed twenty thousand dollars. 
Act approved | 4.. That the said act approved February 17, 1857, as 
i857™mende'd. amended, be revived and continued in force until the tenth 
day of January, 1873. 

I 5. This act shall take effect and be in force from and 
after its passage. 

Approved February 12, 1867. 



In force Feb. 13, AN ACT to incorporate the I'ike and Scott County Bridge Company. 
18G7. 

Section 1. Be it enacted by the People of the State of 
Illinois^ represented in the General Assembly^ That Benja- 

Term. min D. Brown, James McWilliams, Joseph M. Bnsh, Ozias 

M. Hatch, Alexander Starne, William Tunbull, ThoVias 
"W. Ilollowbush, and William A. Grimshaw, their asso- 
ciates, heirs, successors, and assigns, be and the same are 
hereby created a body corporate, for the term of fifty years, 
from and after the passage of this act, by the name of "The 

Name. Pike and Scott County Bridge Company," with power to 

build, maintain and use for railroad purposes, a bridge 
across the Illinois river, at some point between the town of 
Naples, in said Scott county, and Philip's Ferry, in said 

Location of Pike county, Illinois, or within one mile of said Naples or 

bridge. JT 1 r 



BRIDGES. 167 

Philips' Ferry, in such a manner as not to materially ob- 
struct or interfere with the free navigation of said river, and 
to connect such bridge by railroad or otherwise, with any connections. 
railroad constructed, or hereafter to be constructed in or 
through said Pike or Scott county ; and to contract with 
any corporation, company or individual for the construe- construction of. 
tion, maintenance or operation of said bridge; and to estab- 
lish rules and regulations for the government, management 
and use thereof; to unite and consolidate its franchises and Railroad eonsoi- 

. , ' 1 11 •! 1 • • 1 (> idations and 

property with any and all railroad companies in the state ot connections. 
Illinois ; to fix the a^nount of its capital stock ; to divide, ers'."^^^ ^°^" 
transfer and increase the same ; to borrow money and mort- 
gage or pledge its property and franchises ; to condemn • 
property, according to law, for the use and purposes neces- 
sary in the construction and maintenance of said bridge ; to 
contract, bargain and agree with any such raih-oad compa- 
nies for aid in the construction and maintenance of suck 
bridge, and to sell or lease the same, or the use thereof, or 
the franchises of said company, to any person, company or 
corporation. 

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

Appeoved February 13, 1867. 



AN ACT to amend an act entitled "An act to incorporate the Alexander In force Fob. 15, 
and Pulaski Plank Road and Bridge Company," approved Feb. 21, 1863. 1867. 

Section 1. Be it enaoted hy the People of the State of 
Illinois^ represented in the General Assembly^ That the correction of 
word " three," in the twelfth section of the said act be ^"^^ '^°"°''- 
stricken out, and the word ''fifty" be inserted in lieu there- 
of; that section thirteen of said act be repealed, and that section is re- 
said "Alexander and Pulaski County Plank Pvoad and p^'^'^-^- 
Bridge Company" shall have power to construct and main- Power to con- 
tain such branches in Alexander and Pulaski counties as ma'i'Dtain^"'^ 
the board of directors may deem expedient. branches. 

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

Appeoved February 15, 1867. 



168 



In force Ff-bm- AN ACT to incorporate the Illinois and St. Louis Bridge Company, 

ary '21, 1867. 

Section 1. -Be it enacted by the People of the State of 
llliixois^Teiwesentedin the General Assemhly, That Joseph 
Gillesi)ie, John M. Pahiier, Jesse K. Dubois, Wihiam Shej)- 
ard, John WiUiunis, WilHani R. Morrison, L. A. Parks, 
Levi Davis, T. B. Blackstone, U. C. Moore, Peter H. Wil- 
lard, K. P. Tansey, Gustavus A. Koerner, C. P. Heaton, L. 
B. Boomer, Fred. T. Kraft, L. B. Parsons, Jehu Baker, 
A, H. Lee, and tlieir associates, successors and assigns be 
and are hereby created a body corporate and ])ohtic, under 
Corporate name, the name and stvle of " The IlKnois and St. Louis Bridge 

and powers. 



. J.X. XJ<^0, CliJVi l.il'-ix ^.^<^^^ , ^ ^-.^.^..^ .^v 

id are hereby created a body corporate and ])ohtic, undei 
e name and style of " The IlKnois and St. Louis Bridge 
Company," for the purpose of constructing and maintain- 
ing a toll bridge, from any point or place on the Mississippi 
river, opposite to the city of St. Louis, to the western line 
of this state, with suitable approaches to such bridge, and 
all convenient appendages and strnctures for the same. 
The said company shall have the power to make and use 
a common seal, and the same to alter and renew at pleasure, 
and such other powers, rights, privileges and immunities as 
may be necessary or useful for the purposes of this act: 
Provided^ that there shall be at least fifty thousand dollars 
expended during the year lb67, in the construction of said 
bridge. 
capitaHtock. § 2. The Capital stock of the Said compauy shall be oue 
million of dollars, and be divided into shares of one iiun- 
dred dollars each, and it may be increased from time to 
time, as a majority of the stockholders may direct, and shall 
be issued and transferred in such manner,- and under such 
conditions as the directors of the said com[)any shall, by 
the by-laws thereof prescribe. 
.\umi)er and § 3. The Corporate powers of the said.company shall be 
ofditec^tors?"^ vcstod ill and exercised by a board of directors, consisting 
of such number of persons, not less than three nor more 
than thirteen, as the stockholders of the said company may 
from time to time direct. The said directors shall be cho- 
sen by the stockholders, at such time and place as may be 
fixed by the by-laws of the said company, and shall hold 
their offices f<»r one year, and until their successors are 
elected and qualified. They shall elect one of their num- 
ber president of the said company, and may fill fjuy vacancy 
in the said board, occasioned by death, resignation or other- 
wise, for the unexpired portion of the term of office so be- 
Vacancy. coming vacaut, and may make such rules, by-laws and reg- 

ulations, and appoint such officers and servants, as they 
may from time to time deem expedient : Provided, that 
at least one-half of the directors shall be residents of the 
state of Blinois. 
Books of Bub- § 4. The persons named in the first section of this act, 
scription. ^rc hereby appointed commissioners, who, or a majority of 



BRIDGES. 



169 



Meeting of 
kholders. 



them, are a«borized to open, or cause to be opened, sub- 
scription books for the stock of the said company, at such 
time and place, within or without this state, as they may think 
proper ; and when three liundred thousand dollars shall be 
subscribed, the said commissioners, or any three of them, 
may call a meeting of the stockholders, by giymg ten days X! 
notice in some newspaper published in St. Louis, or personal 
notice to each of the stockholders of the time and place of 
such meeting, and at the same the stockholders may elect 
directors aiid transact any other business. Stockholders 
meetings may be held without as well as within this state. 

§ 5^ The said corporation may transport on said Tj^^^°^P°'^^^t'°"^ 
bridge and itpproaches thereto, persons and property, by 
steam or otherwise, and may allow others so to do ; and 
said bridge and approaches may be used for every descrip- 
tion of travel, passage and transportation, under such rules 
and regulations, and for such tolls as the directors of 
said corporation may prescribe. The said corporation may 
take, receive and collect such tolls for travel, passage or 
transportation over said bridge and approaches, or either of 
them, or any part of either of them, as its directoi-s may 
from time to time lix and establish : Provided, the rates 
charged for ordinary travel shall never exceed the follow- ^^tes of toil. 
ing,'to-wit : For each foot passenger over five years of age, 
five cents ; for every person on horseback, twenty cents ; 
for every gig, buggy, or other traveling carriage, drawn by 
one animal, forty cents ; for every cart or wagon drawn by 
one animal, forty cents ; for every cart or wagon drawn by 
two animals, sixty cents ; for every cart or wagon drawn 
by three animals, eighty cents ; for every cart or wagon 
drawn by four animals, one hundred cents ; for every cart 
or wagon drawn by more than four animals, ten cents extra 
for each animal ; for every hundred pounds of freight over 
two thousand pounds, five cents ; for every pleasure car- 
riage drawn by two animals, sixty cents ; for every pleasure 
carriage drawn by three or four or more animals, one hun- 
dred cents ; for each head of cattle, horses, mules, or other 
animals, ten cents; for each head of sheep or swine, five 
cents. 

§ 6. The said corporation shall have power to acquire Title to lands, 
title to lands, necessary for the construction of said bridge 
and approaches, and the same power to take materials from 
lands in the vicinity for the construction and maintenance 
thereof, and for such purposes shall have and may exercise 
all the powers conferred by any of the laws of this state for 
acquiring right of way for railroads, public roads or other 
public uses, under which the said corporation may take 
and acquire property heretofore taken or acquired for such 
uses, as well as other property. The said corporation shall 
have the exclusive right for twenty-five years of construct- 
ing a bridge opposite to the said city of St. Louis, (in the 
Vol. 1—12 



170 BRIDGES. 

county of St. Clair,) over as much of said riv^ as is within 
the jurisdiction of this state, and shall also have the riojht to 
protect the banks of the same, so far as may be necessary to 
keep the channel within the opening of the bridge, and for 
that purpose may take and acquire lands and materials in 
the manner aforesaid : Provided, if the bridge herein au- 
thorized is not commenced in two years, and completed in 
five years, this act shall be null and void. 
Subscription to § 7. Any railroad company, town, city or connty shall 
stock. \\^wQ power to take and subscribe for, and to purchase and 

hold stock of said bridge company, and may make such 
contracts, and execute such securities or other instruments 
as said railroad companies, towns, cities and counties may 
respectively deem expedient, relative to such subscription or 
purchase or to the construction or uses of said bridge. 
Consolidation of § 8. The Said corporation may consolidate its property 
property, etc. ^j-^^j fi-ancliises witli the property and franchises of any 
bridge company, authorized by the laws of Missouri to con- 
struct a bridge so as to connect with the one herein author- 
ized, and for that purpose the said corporation may make 
and execute all such agreements as it may deem expedient, 
and after such consolidation, the corporation created thereby 
shall have all the powers herein granted. 
Borrowing of § 9. The Said corporation may borrow money at any 
"'°"®^' rate of interest, and issue its bonds or other evidences of 

indebtedness, bearing such rate of interest and payable at 
such time or times, and at such place or places as its direc- 
tors may think proper, and may secure such bonds or other 
Indebtedness.: indebtedness by mortgage or deed of trust of the property, 
tolls and franchises, in such manner as said directors 
may think fit, and may sell such bonds or other evidence of 
indebtedness at any rate of discount agreed upon by said 
directors. 

§ 10. This act shall be deemed a public one, and shall 
take eft'ect from and after its passage. 
Appkoved February 21, 1867. 



l^fora^Ych.ll. ^jj ^q^ ^^ authorize certain towns in the counties of Will, Kankakee and 
Grundy to vote for or against a tax for building and repairing the bridge 
across the Kankakee river, at Wilmington, in Will county. 

Preamble. Whereas, a large portion of the people of the counties 

of Will, Kankakee and Grundy are interested in the use of 
the wagon bridge across the Kankakee river, at Wilming- 
ton, in said Will county ; and, whereas, the expense of 
building and keeping the same in repair is more than should 
be borne by the said town of Wilmington ; therefore. 

Section 1. Be it enacted hy the Feople of the State of 
Illinois, represented in the General Assembly, That the 
legal voters of any town or towns of the said counties of 



BRIDGES. 171 

A 

Will, Kankakee and Grundy are hereby authorized, at any '^^sai voters to 
town meeting, or special town meeeting hereafter to be against tax tor 
held in said town or towns, to vote for or against a tax for " ^^' 
rebuilding or repairing the bridge across the Kankakee 
river, at Wilmington, aforesaid ; notice of said vote to be 
given by the respective town clerks of said towns, in the 
same manner provided by law for calling the annual town 
meetings. 

§ 2. Said vote shall be taken by ballot, upon which ^°[f^/''^^" ^^ 
shall be written or printed, "for the bridge tax," or "against 
the bridge tax." 

§ 3. If a majority of said votes shall be cast " for the Amount of tax 
bridge tax," then it shall be the duty of the supervisor of ed!'\nd°1iow'^' 
any town voting for such tax, by conferring with the com- collected. 
mon council of the city of Wilmington, to ascertain the amount 
of tax required of such town for the purpose' aforesaid, and 
the amount thus ascertained shall be certified by him, to the 
county clerk of the county in which said town is situated, 
who shall cause the same to be assessed upon all of the tax- 
able property of said town, to be collected as other town 
taxes, 

§ 4. The amount of tax thus collected shall be paid into To be paid into 
the city treasury of the city of Wilmington, to be used in city o7wi'i-^°^ 
building, finishing or repairing said bridge, and shall ex- ™»°s^o'i- 
empt said town from the payment of tolls for crossing said 
bridge. 

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

Approved February 21, 1867. 



AN ACT to incorporate the Lacon Bridge Company. ^^ ^2l°186T^^'^ 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General AssefnUy, That Doric corporators. 
G. Warner, John M. Shields, George F. Wiehtman, D. 
Erastus Thomas, William J. Fort, Spencer Ellsworth, 
Alonzo Roberts, Joseph B. Chandler, John Burns, Jacob 
S. Moliler, William Fairbanks, James St. C. Boal, and 
Washington E. Cook, and all such persons as shall here- 
after become stockholders in the company hereby incorpo- 
rated, and their successors and assigns are hereby created a 
body politic and corporate, with perpetual succession, under 
the name and style of the " Lacon Bridge Company," for ^'*™«- 
the purpose of erecting and maintaining a bridge across the 
Illinois river at the city of Lacon, county of Marshall, and Purposes. 
by that name and style are hereby made as capable in law 
as natural persons, to contract and be contracted with, sue Powers. 



172 BRIDCxES. 

and be sued, plead and be impleaded in all courts of law 
and equity, to make and use a common seal, and to alter or 
amencl the same at pleasure, and generally to do and exe- 
cute all acts, matters and things which a body politic or 
corporate, or an individual may lawfully do, and the said 
company shall in law be capable of purchasing, holding 
and conveying any estate, real or personal that may )>e 
necessary to enable said company to accomplish the objects 
of this incorporation as above expressed, and the stock of 
said company shall be deemed personal property, and may 
be subscribed for, issued and transferred, as the directors of 
said company may by their by-laws prescribe. 
Capital stock. g 2. The Capital stock of said company shall be one 
hundred thousand dollars, but may be increased by resolu- 
tion of the directors of said company to the sum of one 
hundred and fifty thousand dollars, should they deem such 
increase necessary for the purposes of this law, and said 
capital stock shall be divided into shares of one hundred 
dollars each. 
Names of com- § 3. That Said DoHc "Warner, John M. Shields, George 
missioners. ^^ Wightmau, D. Erastus Thomas, William J. P'ort, Spen- 
cer Ellsworth, Alonzo Roberts, Joseph B. Chandler, John 
Burns, Jacob Mohler, William Fairbanks, James St. C 
Boal, and Washington E. Cook, are hereby appointed com- 
missioners to open books for the subscription to the capital 
stock of said company, at such times and places as they 
may deem proper. 
City council § 4, Tlic city council of the city of Lacon shall have 
t^cIpTta^u*tock power, and is hereby authorized to subscribe to the capital 
stock of said company any sum not exceeding twenty-five 
thousand dollars: Fromded^ that a majority of all persons 
who are legal voters in said city and who have paid a city 
tax exceeding two dollars in each of the two preceding 
years, shall vote for said subscription at an election to be 
called for that purpose, by the said council upon a notice of 
at least twenty days, which election, subscription for stock, 
issued form and delivery of bonds, be conducted and carried 
out as provided by general law for subscription to railroad 
companies: And promded further^ that said subscriptions 
shall be in nowise binding, or any bonds issued or delivered 
to said bridge company or other person, or any sum paid 
by said city, until said bridge is completed and open to the 
])ublic use, upon payment of the toll hereinafter provided, 
^di'rec'tw'^'^* ^^ § 5. Whenever" fifty thousand dollars shall have been 
subscribed, the said commissioners may call a meeting ot* 
the stockholders at Lacon, aforesaid, by posting up written 
notices of the time and place of holding such' meeting in 
three or more public places in Lacon aforesaid, at least 
twenty days before the time of such meeting for the purpose 
of choosing five directors of said company. 



BRIDGES. 173 

§ 6. At the time and place so appointed for sucli meet- ^e°to°" °^ ^^' 
ing, said commissioners, or a majority of them, shall act as 
inspectors of said election, and the stockholders shall elect 
five persons as directors of said company, for one year, and 
until their successors be chosen; said inspectors, or a major- 
ity of them, shall certify under their hands, the resnlt of 
said election, which certificate shall be recorded in the 
record book of said company, and shall be sufficient evidence 
in all places of such election therein named. At the afore- 
said and all other elections for directors the voting shall be 
by ballot, and the result shall be determined by a plurality 
of votes cast, and each stockholder shall be entitled to one 
vote for each share of stock he or she may own at the time, 
which vote may be cast by the voter in person or by duly 
authorized proxy, and none but shareholders shall be eli- 
gible as directors. An election for five directors shall be 
held annually after the first election, on the first Monday of 
January, AH vacancies occurring among the directors 
during any current year shall be tilled by appointment by 
the other directors, or a majority of them. If an election 
should not be held at the time above specified, in that be- 
half, such election shall be held at any subsequent time 
under the by-laws of the company ; immediately after said 
first election said commissioners shall deUver to the directors 
the subscription books and all money received by them. 

§ 7. The directors shall choose one of their number President, 
president, and they shall have power to appoint a secretary 
and treasurer, and such other officers, agents and servants 
as may be necessary, and to prescribe all necessary by-laws, 
rules and regulations for the government of said company 
and the carrying out of the purposes of this act. 

S 8. Said brido-e company are hereby authorized and Authority and 

1^1-11 i,_ i_ ^ • J. • i-j powers of com- 

einpowered to build, erect, construct and maintain a bridge pauy. 
across the Illinois river, at Lacon, aforesaid, for the trans- 
portation of persons, of wagons, carriages and other vehicles, 
horses, cattle and other animals under the restrictions here- 
inafter provided, and shall have, forever, the right to toll the 
same not exceeding the rates herein specified. 

^ 0. Said company shajl commence the building said Time of buiid- 
bridge within two years, and complete the same within five 
years from the passage of this act, and shall locate the said 
l3ridge at and upon such place or point across the Illinois 
river aforesaid, as the directors of the company shall deem 
most eligible in that behalf, within the corporate limits of 
said city of Lacon, and said company is authorized and em- 
powered to obtain the right of way at and from either or both ^'sht of way. 
ends of said bridge to any public road or roads necessary for 
the use of said bridge either by purchase or in manner pre- 
scribed by law for obtaining the right of way for public 
roads, canals, railroads or other public works, and to acquire 



174: 



Toll-gates and 
houses. 



Repairs, etc. 



Obstruction of 
navigation. 



Lights. 



Exclusive privi- 
lege for twenty 
years. 



Penalties for 
obstruction. 



Penalties for in- 
jury, etc. 



BKIDGES. 

by grant or purchase of any private roads or bridp^es that 
may now lead to either end of said bridge. 

§ 10. Said company is hereby authorized and empow- 
ered to phice a toll-gate and toll-house at either end or both 
ends of said bridge, and to demand and receive for passing 
over the same, or any part thereof, not exceeding the fullow- 
rates, viz: For each twohorse wagon, carriage or other 
vehicle drawn by two animals, twenty-five cents, and for 
every additional animal attached thereto, ten cents; for each 
one-horse wagon, carriage or other vehicle drawn by one 
animal, twenty cents; tor each horse or other animal and 
ridei-, ten cents; for each head of horses, mules, asses, or 
cattle not driven in a team or teams, five cents each ; and 
for each head of swine or sheep, three cents; and for each 
person, man, woman or child on foot, five cents: Provided^ 
said company may double the above rates of toll after ten 
o'clock in the evening, and before daylight in the morning. 

§ 11. Said company shall at all times, after the comple- 
tion of said bridge, keep the same in good order and repair, 
with a safe and convenient passage to and from the same, 
unless the same shall be carried away or materially injured 
by high water or other casualty, and then the same shall be 
as speedily rebuilt or repaired as the finances of said com- 
pany will permit. 

§ 12. The said company shall build such bridge in such 
a manner that it shall not niaterially obstruct navigation on 
the Illinois river; and it shall be constructed with a conve- 
nient draw, at least one hundred feet wide, for the passage 
of steamboats and other vessels; and shall keep good and 
sufficient lights on each side of said draw, at all proper times; 
and shall also keep some suitable person or persons at the 
said bridge, who shall open said draw when it may be 
necessary for the passage of any steamboat or other vessel 
passing uj) or down said river, free from expense to the 
owner thereof. 

§ 13. No other wagon bridge shall be built across said 
river within one mile above or below the city of Lacon, for 
twenty years from the completion of the bridge herein 
authorized to be built : Provided, that said company shall 
comply with the provisions of this act in relation to the 
erection and keeping in repair of the bridge herein pro- 
vided for. 

§ 14. The said bridge shall be deemed a public high- 
way, within the meaning of the laws providing for the 
punishment of persons injuring, obstructing or destroying 
public highways or bridges in any manner. 

g 15. If any person shall willfully or negligently do, or 
cause to be done, any injury to said bridge, such person or 
persons so ofiending shall be liable to pay to said company 
not less than thrice the amount of such injury, to be recov- 



BRIDGES. 175 

ered by said corporation, with costs of suit in an action of 
trespass, in any court having competent jurisdiction thereof. 

§ 16. Any person passing over said bridge or any part Bridge reguia- 
thereof, and refusing to pay toll, or passing over the same *'°°^' ^^''' 
or any part thereof, with any beast or animals at a pace 
faster than a walk, and any person violating any of the regu- 
lations of said company posted, as hereinafter provided, 
shall forfeit and pay to said company ten dollars for each 
offense, to be recovered by an action of debt before any 
justice of the peace or other officer having jurisdiction 
therein : Provided, said company shall have posted up in 
some conspicuous place at each end of the bridge, printed or 
painted in large letters, said regulations, and a notice for- 
bidding the crossing of said bridge faster than a walk. 

§ 17. Said company shall have power to borrow money indebtedness, 
not exceeding one-half of the amount of their capital stock, 
for the purpose of building said bridge or keeping the same 
in repair, at any rate of interest not exceeding ten per cent, 
that may be agreed on between .the parties, and may 
mortgage said bridge and its tolls for that purpose and for 
no other. 

§ IS. It shall be lawful for the directors to make calls cans for su^i> 
upon the sums subscribed to said capital stock at such times eiock. 
and in such amounts as they shall deem fit, not exceeding 
the rate of twenty-five per cent, per month, giving at least 
twenty days' notice of each of said calls, by posting up at 
least five notices in public places in the vicinity of said 
bridge, or by publication in some newspaper published in 
the county of Marshall, and in case of failure of any stock- 
holder to make payment of any such call for sixty days after 
the same shall have become due, the directors are hereby 
authorized to declare said stock, so in arrears, and all sums 
paid thereon forfeited to the company, or said directors 
may enforce the payment of the whole amount subscribed 
by said stockholder according to law. 

§ 19. The right is hereby given to the said company to Embankments, 
build and maintain proper approaches and embankments at ^pp"""**^^®^' 
each end of such bridge, and to build and maintain a road 
from the west end thereof to or towards the town of Spar- 
land, in the county of Marshall. 

§ 20. The further right is given to the said company to ^errv boat 
carry passengers, goods and chattels across the said river, at ^^ "" ^^^' 
Lacofl, aforesaid upon a ferry boat or boats, whenever, from 
any cause such bridge may become impassable, or when it 
may be necessary to repair or rebuild the same, and for so. 
carrying such passengers, goods and chattels the said com- 
pany may demand and receive the same tolls which may by 
law be payable for passing over such bridge. 

§ 21. The said company is further empowered to take, ®j[^*' to^trre^ 
by gift, grant or devise, and to hold, use and enjoy, all or ceiVed. 
any part or parts of the rights, franchises and other real, 



176 BRIDGES. 

personal and mixed property, following, that is to say, the 
franchises granted by the general assembly of this state to 

Previous per- William Fisher, Jabez Fisher and isathaniel G. Chapin, 
iesfetc!*'"'^'' their heirs and assigns, by an act entitled " An act to estab- 
lish a ferry across the Illinois river at the town of Lacon, 
in the county of Marshall," approved February 12, 1819. 
The franchise granted by the said general assembly to Silas 
Ramsey, his heirs and assigns, by an act entitled " An act 
to establish a ferry across the Illinois river at the city of 
Lacon," approved February 15, 1855, any other right or 
rights, franchise or franchises for a ferry or ferries across 
the said river at Lacon, aforesaid, all the rights, privileges, 
lands, roads, road franchises, embankments, bridges, cul- 
verts, boats, cables, rigging, tackle and other real or personal 
and mixed property, unto the said franchises, or any or 
either of them, in any manner appertaining; and all the 
real estate mentioned and described in a certain deed of 
conveyance made by Jabez Fisher and Nathaniel G. Chapin 
and their respective wives, to William Fisher, dated March 
19, 1857, and recorded in the recorder's office of the said 
county of Marshall, in book Y, page 334, and following 
pages, as well the lands reserved as those conveyed by the 
said deed, and the said company is also empowered to i^rant, 
bargain, sell, convey, demise, lease or otherwise dispose of 
•all, or any part or parts of the rights, franchises and other 
real, personal and mixed property above in this section, 
either particularly or generally, mentioned, in such }nan- 
ner and upon such terms as such board of directors may 
appoint. 

Authority of | 22. The legal authorities of the city of Lacon, or of 

chlse bridle's^ the county of Marshall, shall have the right, at any time, to 
^*°' purchase the bridge which ma}- l)e erected under this act. 

Valuation. at a fair valuation, to be determined by three disinterested 
persons: one to be chosen by said bridge company, one 
by said city or county, as the case may be, and the tliird be 
selected by the two so chosen ; and in case they can not 

Commissioners agree upou a clioicc, the circuit court of said county shall 

of purchase, ggjggf. .^ |.|^jj.^^ person, Ftovided^ hmoever, said city or county, 

as the case may be, shall reimburse said bridge company 

lor all money laid out and expended for the purchase and 

improvement of all ferry franchises, roads, embankments, 

real estate and other bridges, property appertaining thereto. 

§ 23. This act shall be deemed a public law, an(4 take 

eft'ect from and after its passage. 

. ArPROVED February 21, 1867. 



BRIDGES. 177 

AN ACT for the construction of a bridge across Fox river at Ottawa. In f'^rce Feb. 

23, 1867. 

Section 1. Be it enacted by the People of the State of 
Illinois^ represented in the General Assemhly^ That John 
Hise and Jackson R. Shaver, of tlie town of Rutland, and 
Thadfieus Hampton, Henry L. Brush, of the town of 
Ottawa, and Charles H. Force, of the town of South 
Ottawa, be, and thev hereby are appointed commissioners commissioners' 

' ' . , " •' . ri duties and au- 

to erect a bridfye across r ox river, at such place as they may thority. 
select, between Lyman's Mound and River street, in Ottawa 
Centre, in the city of Ottawa, and to cause the amount 
necessary to be expended therefor to be raised by taxation, 
as hereinafter mentioned, in one or two years, as said com- 
missioners may deem most expedient, 

§ 2. Said commissioners, or a majority of them, shall 
cause this act to be published in one of the newspapers 
printed in the city of Ottawa, and shall thereafter cause publication of 
notice to be given by publication in two newspapers printed ^^^l^^ to^detl?- 
in said city, for four weeks successively, of a time when a mine the buiid- 

. T ■ .• 1 11 1 1 1 1 . .I 11 /• mg of bridge. 

special tjwn meeting shall be held, at the usual places ot etc. 
holding such elections, in the towns of Rutland and Ottawa, 
to determine whether said bridge shall be built. At said 
meetings the election shall be by ballot ; on each of which 
shall be written or printed the words "for the bridge" or 
" against the bridge," and if the aggregate majority of all 
the votes cast in both towns, shall at any election be " for 
the bridge," the same shall be constructed by said commis- 
sioners, or a majority of them. In case of a failure to obtain 
such majority for the bridge, said election may be repeated 
in the same manner on two future occasions, not less than 
six months apart. 

§ 3. Whenever the majority shall be for the bridge, as 
mentioned in the last section, said commissioners, or a ma- 
jority of them, shall adopt a plan for said bridge, and esti- ^^^° °^ '"■''^°®* 
mate the probable cost of the same, with its embankments, 
and make report to the board of supervisors of said county 
of the sura deemed by said commissioners necessary to con- 
struct the said bridge and embankments, and the year or 
years in which it shall be levied ; and said board of super- 
visors shall cause said sum to be levied and collected by costs to be lev. 

• X- 11 ^1 ^ 1 • i. i. i. .• • • 1 i. led by taxation 

taxation of all the property subject to taxation in said towns 
of Ottawa and Rutland, in the same manner that town taxes 
are now levied and collected by law, and the amount shall 
be paid by said collectors to said commissioners, and be ex- 
pended by said commissioners, or a majority of them, in 
the construction of said bridge and embankments. In case ^^ 

there shall happen to be a deficiency in the amount, said fundrroj con- 
deficiency shall be reported by said commissioners, or a ma- 
jority of them, to said board of supervisors, and the same 
'shall be levied and collected and expended as aforesaid ; and 



struction. 



178 BRIDGES. 

Accounfabiiity said Commissioners, or a majority of tliera, shall, wiien said 

o^Mmmission- j^j,^^^^.^ g|^gj| j-^^^^g l^^^j^ Completed, make report to the town 

clerks of both said towns of the manner in which they have 

discharged their duty under this act, with an account of 

their receipts and expenditures. 

§ 4. Said bridge and embankments, when completed, 

Repairs. sluiU be maintained and kept in repair by the commission- 

ers of highways of the towns of Ottawa and Ruth.nd ; and 
said commissioners of highways shall together constitute a 
joint board therefor. The ordinary road tax, however, 
shall be expended in the proportion of one-third by Rut- 
land and two-thirds by Ottawa ; and in case the amount 
needed to repair or rebuild said bridge and embankments, 
shall be more than can be raised by said ordinary road 
taxes, the amount may be reported by the board of com- 
missioners mentioned in this section, to said board of su])er- 
visors, and be levied and collected by said board as hereto- 
fore mentioned, and be paid to and expended by the board 
of commissioners in this section mentioned, as the sum 
raised to construct the bridge was by the first named com- 
missioners. 

Vacancy. § 5. In casc a vacancy [shall happen] by death or re- 

moval from the county ot any one or more of the com- 
missioners named in section one, the remaining members 
may fill the same by appointment. 

§ 6, This act shall take eti'ect and be in force from and 
after its passage. 

Approved February 23, 186T. 



In force Api'il AN ACT to amend an act entitled "An act legalizing the sale of the 
25, 1867. bridges, property, franchises, etc., of the Rock Island and Camden Plank 

Road Company to the City of Rock Island." 

Sectioist 1. Be it enacted hy the People of the /State of 
Illinois^ represented in the General Assembly. That the city 
of Kock Island shall have power to build and maintain a 
"Macadamized macadamizcd road instead of a plank road on the line and 
within the limits authorized by the charter of the Eock 
Island and Camden Plankroad Company. 
Disposition of § 2. That Said city of Kock Island may, by ordinance 
tolls. or resolution, set apart the tolls arising from such road or 

bridges and cause the same to be kept as a special fund to 
be appropriated exclusively to the payment of the interest 
upon the debt of said city incurred for the purchase of said 
bridges and corporate rights, and the ultimate payment of 
said debt, and the payment of the current expenses of sup- 
porting and keeping said bridges and road in repair, and 
the expense of constructing said road. 
Approved February 25, 1867. 



BRIDGE 8. 179 



AN ACT to incorporate the Pike County Bridge Company. In force March 

1,1867. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly^ That Ciiaun- 
cey L, Hio-bee, Scott Wike, Benjamin D. Brown, Murray 
McConnell, Alexander Starne, George Wike and Ozias 
M. Hatch, their associates, successors, heirs and assigi;ns, be 
and the same are hereby created a body corporate, by the 
name of " The Pike County Bridge Company," with power Name. 
to build, maintain and use, for railroad and other purposes, 
and as a public highway, a bridge over the Mississippi river, Location. 
or that portion within the jurisdiction of Illinois, within 
and opposite to the county of Pike, near to or at the town 
of Douglasville, in the state of Illinois, in such manner as 
shall not materially obstruct or interfere with the free navi- 
gation of said river, and to connect such bridge, by railroad Po-wersandpriT- 
or otherwise, with any railroad or public road, either in the ^^^^* 
state of Illinois or the state of Missouri terminating at or 
near the town of Douglasville, or at or near to the city of 
Hannibal, in the state of Missouri ; and to contract with 
any corporation or municipal authorities in either of the 
states of Illinois or Missouri for the construction and main- 
tenance of said bridge, and to establish rules and regula- 
tions for the government, management, and use thereof; to 
unite and consolidate its franchises and property with any 
and all bridge and railroad companies in either of said 
states ; to iix the capital stock ; to divide, transfer, and in- 
crease the same ; to borrow money, and pledge or mortgage 
its property and franchises ; to condemn, according to law, 
right of way, property, and stone and earth for the uses 
and purposes of said company ; to contract, bargain and 
agree with any such railroad companies for aid in the con- . 
struction and maintenance of said bridge ; and to sell or 
lease the same, or the use thereof, or the franchises of said 
company, to any company or corporation ; and said cor- 
poration hereby created, shall have power to sue and be 
sued, plead and be impleaded, answer and be answered 
unto, in their corporate name, in all courts and places ; to 
have a common seal, and change the same at pleasure ; and 
they shall have the exclusive right to do and perform all the 
acts hereinbefore enumerated. 

§ 2. The company hereby incorporated shall have per- ^^^P^on*^ 
petual succession : Provided^ that said company shall com- proviso. 
mence work within seven years and finish within twelve 
years after the passage of this act. 

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

Approved March 1, 1867. 



sue- 



180 



AN ACT to authorize certain towns therein named, in Bureau county, to 
raise money to Ijuild a bricljre across Green river. 



Towns named. 



Purpose. 



Section 1. Be it enacted by the People of the State of 
lllinou^ represented in the General Assembly^ Tliat the 
towns of Fairfield, Mineral and Concord, in Bureau county, 
be and are hereby authorized and empowered to raise 
money in the manner now provided by law to raise money 
for road purposes, for the purpose of building a bridge and 
constructing a pike across Green river and its marshes in 
the town of Gold, in said county, and keep the same in re- 
pair. 

§ 2. This shall be deemed a public act, and shall be 
be in ibrce from and after its passage. 

Appkoved February 28, 1867. 



In force March 
6, 1867. 



Corporators. 



Name. 

P c 



Capital stock. 



Stock subscrip- 
tion. 



AX ACT to incorporate the Alton and St. Charles county Bridge Company. 

Section 1. Be it enacted by the People of the /State of 
Illinois, rejyresented in the General Assembly, That II. C. 
Moore, David Gillespie, Leon Davis, John J. Mitchell, H, 
S. Baker, M. G. Atwood, H. W. Billings, Z. B. Job, and 
William Sheppard, their associates and successor, are hereby 
constituted a body corporate and politic by the name of the 
" Alton and St. Charles county Bridge Company," for the 
purpose of constructing and maintaining a toll bridge from 
any point in Madison county, State of Illinois, to any point 
or j)lace on the Mississippi river opposite thereunto in Mis- 
souri ; with suitable approaches to said bridge and all con- 
venient appendages and structures for the same. Tlie said 
company shall have power to make and use a common seal, 
and the same to alter and amend at pleasure ; and such 
other powers, rights, privileges and immunities as may be 
necessary or useful for the ])urposes of this act. 

§ 2. T^Jie capital stock of the said company shall be one 
million dollars and be divided into shares of one hundred 
dolUirs each and it may be increased, from time to time, as 
a majority of the stockholders may direct. 

§ 3. The persons named iji the first section of this act 
are hereby a])pointed commissioners, who, or a majority of 
thera, are authorized to open, or cause to be opened subscrip- 
tion books for the said company, at such times and places with- 
in the state as they may think proper ; and when three 
hundred thousand dollars shall be subscribed the said 
commissioners, or any three of them, may call a meeting of 
the stockholders by giving ten days' notice in some newspa- 



BRIDGES. 181 

per published in St. Louis or Alton and at the same [raeet- 
inc^] the stockholders may elect directors and transact any 
other business. 

§ 4:. The corporate powers of the said company shall be Directors, 
vested in and exercised by a board of five directors, who 
shall be chosen by the stockholders at such time and place 
as shall be lixed by the bydaws of said company and shall 
hold their office for one year and until their successors shall 
be elected and qualified. They shall elect one of their President, 
number president of said company and may appoint other 
necessary officers and agents. 

§ 5. The said corporation may transport on said bridge Business and 
and approaches thereto, persons and property by steam or <>perations. 
otherwise and may allow others so to do ; and said bridge 
and approaches may be used for every description of travel, 
passage and transportation, under such rules and regula- 
tions and for such tolls as tlie directors thereof may 
prescribe, not to exceed those charged by the bridge char- 
ters at JKast St. Louis. The said corporation may take, re- 
ceive and collect such tolls for travel, passage and transpor- 
tation over said bridge and approaches thereto or any part 
thereof as its directors may from time to time determine. 

§ 6. The said corporation shall have power to acquire jitie to land for 
title to land necessary for the construction of said bridge and "s^t of way. 
approaches ; and the same power to take materials from 
land in the vicinity for the construction and maintenance 
thereof and for such purpose shall have and may exercise 
all the powers conferred by any of the laws of this state for 
acquiring right of way for railroads, public roads or other 
public uses, under which tl:^e said corporation may take and 
acquire property heretofore taken or acquired for such uses, 
as well as other property and shall also have the right to 
protect the banks of the same so far as may be necessary to Protection of 
keep the channel within the opening of the bridge, and for barii's. etc. 
this purpose may take and acquire lands in the ananner 
aforesaid. 

§ T. The said corporation may consolidate its property consolidation 
and franchises with the property and franchises of any 9^ Property, 

t . -, I'liii ,. -»r. . *^ franchises, 

bridge company authorized by the laws ot Missouri to con- etc., of bridge 
struct a bridge so as to connect with the one herein '^^p*"^- 
authorized ; and for that purpose the said corporation may 
make and execute all such agreements as it may deem ex- 
pedient, and after such consolidation, the corporation created 
hereby shall have all the powers herein granted. 

§ 8. The said corporation may borrow money at any indebtedness. 
rate of interest and may secure payment of its bonds or 
other indebtedness, by mortgage or deed of trust of its 
property, tolls and franchises in such manner as the directors 
may think fit. This bridge shall be commenced in two and 
finished in five years, or this act shall be void. 



182 BRIDGES. 

§ 9. This act shall be deemed a public act, and shall 
take effect from and after its passage. 
Approved March 6, 18«37. 



In force March AN ACT to authorize the town of Ottawa, in La Salle county, to erect two 
^> 1^^^- bridges across the Illinois and Michigan Canal. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly, That Joseph 

Commissioners O, Glovcr, Lofcnzo Lelland, and Albanus E. Grow, of said 
town of Ottawa be and they are hereby appointed commis- 
sioners to erect two bridges across the Illinois and Michigan 
canal, with the necessary embankments and approaches 

Location of thereto, in the city of Ottawa, one of said bridges to be 
bri ges. located on some street east of LaSalle street, and the other 

Expenses to ba on some Street west of the side cut ; and to cause the 

mse ytaxa- jj^fj^Qm-^|. qj money necessary therefor to be raised by taxa- 

Purposes of. tion, as hereinafter mentioned. Said bridges, when construct" 
ed, shall be maintained, repaired and if (pivot bridges 
shall be built) opened for the passage of boats, by the city 

Proviso. of Ottawa: Provided, sak\ bridges shall not be built until 

plans of the same shall be submitted to the board of trus- 
tees of the Illinois and Michigan canal (or their successors) 
and be approved by them. 

Duties of com- § 2. It shall be the duty of said commissioners to cause 
missioners. ^^^^j^ ^^ ^^^.^ bridges, with the necessary embankments and 
approaches thereto, to be constructed and paid for by taxa- 
tion, as follows : after having determined upon the plans 
thereof and ascertained the cost, said commissioners shall 
make report to the board of supervisors of LaSalle county, 
of the sums of money necessary for the construction thereof; 

Duties of super- and thereupon it shall be the duty of said board of supervi- 

^'®°"' sors to cause the sums of money so reported to be levied 

and collected in the next ensuing, in the same manner 

that other town taxes of the said town of Ottawa are now 

Disposition of levied and collected by law; and said sums of money when 

moneys. ^^^ collected shall be paid to said commissioners and shall 

be a fund to be used by said commissioners for the 

Cost of. erection of said bridges and the embankments and ap- 

proaches thereto ; and in case the said bridges, with the 
embankments and approaches thereto, should cost more 
than the sura of money reported, the deficiency may be 
raised in the same manner as the original amount was. 

Commissioners' § 3. After Said bridges shall have been completed, said 

reports. commissioners shall make a report to the town clerk of 

said town, of the manner in which they have discharged 
the duties imposed upon them by this act. 



BRIDGES. 183 

§ 4. The trustees of the Illinois and Michigan canal are Illinois and 
hereby authorized and requested to contribute such sums fontSkii)n°? 
toward tiie construction of said bridges as may be just and 
equitable. 

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

Appkoved March 7, 1867. 



AN ACT authorizing the city of Lacon to subscribe to the capital stock In force March 
of the Lacon Bridge Company. ''• 1867. 

Sectio]!^ 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the 
city of* Lacon, in the county of Marshall and state of Illi- 
nois, is hereby authorized to subscribe to the capital stock of 
the Lacon Bridge company, the sura of twenty-live thousand Amount of 
dollars and to pay their subscription to said company, issue 
the bonds of said city in sums of not less than five hundred Bonds. 
dollars each, bearing eight per cent, per annum interest Rate of interest 
payable annually, and said principal payable one-half in ten °''" 
years and one-half in twenty years from the date of the 
issuing of said bonds, said bonds to be signed by the How signed and 
mayor of said city and the city clerk, and sealed with the ''''^'^" 
seal of said city and to have interest coupons attached to the 
same. 

§ 2. Be it further enacted, that if fifty legal voters and Petition for 
tax payers of said city of Lticon, shall present to the mayor Bubs'cription^"" 
of said city, a petition requesting the mayor to call an elec- 
tion to vote for and against said subscription, it shall be 
the duty of the mayor to give notice of an election to be Notice of. 
held within said city to vote for and against subscription to 
said Bridge Company, which notice shall be given the same 
length of time, the election conducted, and returns made how conducted 
in the same manner provided for general elections in said 
city. The tickets used at said election shall have printed or 
written or partly printed and partly written upon them 
the words " for subscription" or "against subscription" and ^. 
if the niiijority of the votes cast at said election should be "'""^ ' ' ' 
for subscription, the mayor shall subscribe said twenty-five Mayor to sub- 
thousand dollars to the stock of said company and issue the sufbVds^ '" 
bond of said city as herein provided and the sum of money 
so subscribed and the interest to become due thereon, shall 
be a lein upon the real estate in said city, until paid ; i^ie°s. 
Provided, also, that said bridge company shall receive the Proviso, 
bonds of said city in payment of the said city subscription 
to the stock of said company at par. 



184: BRIDGES. 

§ 3. This act to be deemed a public act and to be in lull 
force and effect from and after its passage. 
Appkoved March 7, 18G7. 



In force March ^N ACT to provide for the collection of tolls upon the bridge across the 
S, 1867. • jii-j^„ig river opposite La Salle, and the disposition of the moneys arising 

therefrom. 

Section 1. Be it enacted hy the Peoiyle of the State of 
Illinois, represented in the Genefral Assembly, That_ the 
Appointment of cT„vernor shall appoint three commissioners, electors either 
commissioners ^^. ^^^^ ^^^^^^ ^^- ^^ g^j^^ ^^. f,f Ede^ in La balle county, tor 
Purpose the purpose of superintendiuir and taking charge of the 

wao-on bridge across the Illinois river opposite La balle, 
who shall, with the consent of the legal voters ot the town 
of La Salle in La Salle county, expressed either at any 
annual town meeting, or at a special town meeting called 
for that purpose, be authorized and empowered to levy and 
Collection of collect a toll of cach pereon, carriage, buggy, wagon or 
^°"' other vehicle, drawn by horses, mules, oxen, or other 

animals, and of each person riding or driving any horse, 
mule, ass, ox, cow, lieifer, calf, sheep or swine upon, over 
or across said bridge, to be fixed by such commissioners not 
exceeding the following rates for each time of crossing, viz: 
Rates of toll. ^^^^ g^ch foot passcugcr, 03; for each carriage, buggy, 
wao-on or other vehical, drawn by horse, mule, ox or other 
animal not more than two to each vehicle, for each crossing 
and recrossing the same day, 10 ; for each additional ani- 
mal, 05 ;■ for riding or driving any horse, mule, ass, ox, cow, 
heifer or calf, 05 ; for driving sheep or swine, each, 02 ; 
Collection of. The tolls thus fixed by such commissioners may be collected 
either by the commissioners hi person, or some person 
appointed by them for that purpose, such commissioners 
shall hold their office during good behavior; and any 
Vacancy of yacaiicv occurriug in the board may be filled by the gover- 
3w'mier"nor, P;Wrf.^, however, that the governor being satisfaed 
Proviso. ^i^g^l- j^yjy Qj. eitiier of such commissioners have failed, neg- 

lected or refused to discharge the duties imposed upon them 
by this act, or have acted partially or fraudulently, or have 
removed from said towns shall have the power, and he is 
hereby exin-essly authorized and required to remove them 
or either of them, and appoint theh- successor or successors. 
Duties of com- § 2. It shall be the duty of said commissioners to take 
charge of said bridge, keep the same in repair, improve and 
rebuild the same when necessary, if funds sufficient for that 
purpose shall come into their hands or be available under 
the provisions of this act, and invest the money arising from 



missioners. 



BRIDGES. 185 

tlie tolls provided for in the preceding section, except siicli 
portion thereof as are, or shall be needed for the repaii',. 
rebuilding or improvement of said bridge, or for the wages or 
hireof any toll collectororworkman upon said bridge,and less 
the commissions and expenses hereinafter provided for, in 
bonds of the government of the United States, of the state 
of Illinois, or'of the said county of La Salle, at their current 
market value, as often as once in every six months, the 
interest accruing upon such bonds to be invested in lik6' 
manner, it being the object and intention of this act to keep 
the tolls collected on said bridge, so invested as to be avail- 
able at all times as a fund for rebuilding, repairing and 
improving said bridge as often as necessary. 

§ 3. tVhenever it shall be necessary for any reason to Bridge improve-- 
rebuild, repair or otherwise improve said bridge, and there '"®"*^- 
shall not be a sufHcient sum for that purpose on hand from th6 
tolls collected since the last investment thereof, it shall be 
the duty of said commissioners to sell so much and such 
parts of &aid bonds at their current market value, as shall s<iie of bond's. 
be sutticient to meet the expenses for rebuilding, repairing 
or improving said bridge. 

§ 4. If it shall be necessary to rebuild or repair said Estimates of 

1 • , T 1 n 11 costs of re- 

bridge at a cost exceedmg tlie amount ot money on hand building, 
arising from such tolls, it shall be the duty of said commis- 
sioners to make a careful estimate of the cost of so rebuild- 
ing or repairing the same, and from the total cost deduct the 
amount of such toll money on hand, and certify the amount 
of the probable ditference to the county clerk of La Salle Difference, 
county, whereupon it shall be the duty of said county 
clerk to levy a tax upon the assessed value of the real and Taxes, 
personal property of the town of La Salle, for a sum sufii- 
cient to cover the amount of such deficiency, together with 
the costs of collecting the same ; such tax to be denominated 
special bridge tax, and to be collected at the same time, and "Special bridge 
in the same manner as the state, county and town taxes are 
collected, and when collected, to be subject to the order, collection of. 
control and disposition of said commissioners : Provided, Proviso, 
however, that the tax provided for in this section, shall not 
exceed one and one-half per cent, upon the assessed value 
of the real and personal property in said town, for any 
given year. 

§ 5. The town of La Salle, may, however, if the legal Additionaitaxi 
voters thereof shall so determine at any annual or special 
town meeting called for that purpose, levy an additional 
tax to that provided for in the preceding section, for the 
purposes therein contemplated ; and the towns of Eden and 
Hope, in said La Salle county, are hereby authorized by 
their electors, at any town meeting held or called in pursu- 
ance of law, to levy, extend and collect a special bridge tax 
to assist in rebuilding or repairing said bridge, in such sum 
or sums as thev may see proper, whenever in their jadg- 
Vol. I.— 13 



186 BRIDGES. 

ment it shall or may be necessary so to do, which said taxes 
when collected shall be paid to the commissioners herein- 
after provided for. 

Commissioners' § 6. The Said commissioners shall, before entering upon 
oath of office. ^|^g discharge of the duties of their office, each take an oatli of 

Bands of. officc, and shall give bonds for the faithful discharge of the 

duties of their office and the proper and faithful investment and 
disbursement of all moneys that may come into their hands, 
the amount of such bouds shall not be less than five thou- 
sand dollars, and may be increased to such sum as the 
governor shall designate from tin)e to time; and if at any 
time they or either of them shall fail to give additional 
bonds or additional security if ordered so to do by the gov- 
ernor, he may declare their office vacated, and fill the same 
by appointment. Said bonds shall run in favor of the 
people of the state of Illinois, for the use of the town of 
La kSalle, and be approved by the judge of the county court 
for the county of La Salle. 

Treasurer. § T. Said Commissioners shall elcct a treasurer who may 

be one of their own number, who shall also take a proper 

Oath and bond oatli of offico and give bonds for the faithful discharge 

°^- ' of his duties, and the disbursements of the moneys tliat may 

come into his hands ; said bond to be in such sum as shall 

Proviso. be fixed by said commissioners : Frovided, however, that the 

same shall not be for a less sum than ten thousand dollars and 
must in all cases be double the amount of money that will 
probably come into his hands; such bouds shall be payable 
to said commissioners, and may be increased by them from 
time to time, or they may require additional security ; and 
they may remove such treasurer and appoint his successor 
at pleasure. 

Rebuilding § 8. Whenever it shall be necessary for said commis- 

bridge. siouers to rebuild, repair or improve said bridge at an 

expense exceeding the sum of live hundred dollars, they • 

Plans and speoi- shall cause plans and sj^ecitications of the work to be done, 
fications. ^Q y^Q prei)ared, shall advertise for sealed pro])Osals to do 
sals.'^ ''^°^°' the sauie, in some newspaper published in the city of La 
Salle, and in such other newspapers as they may elect for 
, not less than two weeks, referring in such advertisements to 
the plans and specifications, and giving the general charac- 
ter of the work to be done, and designating a time and 
place at which the same will be opened, and at the time 

Awards. and place thus designated, they shall award and let the 

work to the lowest bidder, provided he will give good 
and sufficient bonds for the performance of his contract : 

Proviso. Provided., however, they may if they think best so to do, 

adjourn the letting, re-advertise for bids, or refuse to award 
the contract. 

§ 9. The bids provided for in the preceding section 
shall be sealed and kept sealed until the time for opening 
the same shall have arrived, and neither said commissioners 



BRIDGES. 187 

nor any one else, except the maker of the same, shall be 
allowed to know their contents, and any one violating the 
provisions of this section, shall be liable to a penalty of five 
hundred dollars for each offense, one-half of which shall 
go to the person who will first sue for the same, and the 
balance shall be paid into the school fund of said town of 
La Salle, and if a commissioner or an agent of said com- 
missioners be the person so offending, he shall, upon con- 
viction thereof, be immediately removed from office. 

§ 10. If said commissioners, or either of them shall ^^^^^^ ^^ 
willfully fail, refuse or neglect to discharge the duties of 
their respective offices, or if the treasurer they may appoint 
shall willfully fail, neglect or refuse to discharge the duties 
of his office, or if any toll collector, appointed by them, 
shtdl fail, neglect or refuse to pay over moneys collected by 
him upon said bridge for tolls, the person or persons thus 
offending, shall upon conviction, be fined not less than Penalties for. 
twenty-five, nor more than five hundred dollars for each 
offense. 

§ 11. The said commissioners shall be allowed as fees c^°™™issioners' 
for performing their said duties, a commission of two per 
cent, each upon all moneys that may be collected upon said 
bridge for tolls, and the treasurer they may appoint shall 
be allowed a commission of one per cent, upon all moneys 
that may come into his hands. 

§ 12. Any inhabitant of said town of La Salle, residing ^^^Jf^}^^"* °^ 
on the south side of the Illinois river, who has paid a tax 
for the building or repairing of said bridge, shall not be 
required to pay any toll for crossing or recrossing on said 
bridge by himself or herself, or any member of his or her 
family, or his or her stock or teams, for the period of one 
year from the date on which said commissioners shall take ^bifdgT"^ **' 
possession of said bridge by virtue of this act. 

§ 13. The said commissioners provided for by this act, claims to titles. 
shall not take possession of said bridge, until those who 
may have legal title or claim to the ferry franchise across 
the Illinois river at Shippingsport, in said town of La Salle, 
shall in writing assent to the provisions of this act, and 
release all claim to said franchise, or ferry privilege, and to Release of. 
all damages or forfeitures which might result from the pos- 
session of said bridge by said commissioners, according to 
the provisions of this act. 

§ 14. This act shall be taken and deemed a public act, 
shall be liberally con^itrued in all courts and places, and 
shall be in force from and after its passage. 

Approved March 8, 1867. 



1S8 BRIDGES. 



In force March AX ACT to extend the time of commencement and completion of the 
9, 1867. Dubuque and Dunleith Bridge Company. 

Section 1. Be it enacted by the People of the State of 
Illinois^ represented i?i the General Assembly, That the 
Act approved act entitled an act to incorporate " The Dunleith and Da- 
extended!°'' buque Bridge Company," approved February 14, 1857, be 
and the same is hereby extended fur the commencement and 
completion of said bridge for and during the period of ten 
years, and this act to take effect and be in force from and 
after its passage. 

Approved March 8, 1867. 



In force March AX ACT to authorize certain towns therein named to borrow money, and 
9> 1S67. levy taxes in aid of building a bridge across the Kankakee river. 

Section 1. Be it enacted by the Peojjle of the State of 
Illinois, rejpreientedin the General Assembly, That the boards 

^mone^y."°^ of towu olHcers of the towns of Momence and Ganeer, 
in the county of Kankakee be and they hereby are author- 
ized and empowered to borrow money in a sum or sums 
not exceeding in total amount ten thousand dollars, for each 
of said towns, and to issue the bonds of said towns respect- 
ively theietor ; said bonds to be made payable on or before 
the expiration of twenty years from date, and to bear an 
annual interest not exceeding ten per cent, per annum, for 
the purpose of rebuilding the bridge across the Kankakee 
river at the village of Momence, in said county. 

Special tax, etc. § 2. That the said boards of town auditors of the towns 
of Momence and Ganeer be and they are hei'eby authorized 
and empowered to levj' a special tax of not exceeding live 
mills on the dollar in any one year on all the taxable prop- 
erty of said towns in addition to the taxes already provided 
for by law, tor the purpose of paying the interest on the 
bonds to be issued in pursuance of this act ; the said special 
tax to be collected in the same manner as otlier town taxes, 
and to be paid by the collectors to such person or persons 
as the said board of town auditors shall direct. 

Town auditors § 3. That the boards of town auditors of the towns of 

■ daiTax.* ^^^' Sumner and Yellowhead, in said county, be and they are 
hereby authorized to levy a special tax of not exceeding 
ten mills on the dollars' valuation of the taxable property 
of said towns respectively, for the purpose of aiding in the 
rebuilding of a bridge across the Kankakee river, at 
tlie village of Momence, in said county ; the said special 
tax to be collected in the same manner as other town taxes, 



BRIDGES. 189 

atid to be paid over to sucli person or persons as the said 
boards of town auditors shall direct. 

§ i That the above mentioned loan is authorized to be p:iection upon 
made, and, the special tax to pay interest on the same is rLTnandtaxL. 
authorized to be levied by the said towns of Momence and 
Ganeer, respectively, upon this condition : that a majority 
of tlie persons voting upon the question at the annual town 
meeting, for the year 1867, or at a special election, called 
therefor, shall vote in favor ot said loan, the ballots to ha^'e Form of baiiot. 
written or printed on them the words, "For loan to build 
bridge," or "Against loan to build bridge ;" and the special 
tax is authorized to be levied in the towns of Sumner and 
Yellowhead, respectively, upon the cotidition that a major- 
ity of those voting at the annual town meetings of said 
towns, or at a special election called therefor, shall vote in 
favor of said special tax, the ballots to have written or 
printed on them the words, "For special tax to build 
bridge at Moraence," or "Against special tax to build 
bridge at Momence." 

§'5. This act, so' far as it applies to the towns of Sum- App^^caHon^and 
ner and Yellowhead, is hereby delared to be in force for 
the years 1867 and 1868 only, and if either of said towns at 
the annual town meeting for the year 1867, or at a special 
election, held durins the same year, vote against the said vote against 

. , \ . ^ 'T . "' ' , ^ , . ^ bridge tax. 

special bridge tax, the question may be voted on again at 
the annual town meeting of 1868, and the board of town 
auditors of said towns shall have posver to fix the rate of R<^t^e of special 
said special tax at not less than four mills, and not to ex- 
ceed ten mills on the dollar valuation. 

§ 6. This act to taVe eftect and be in force from and 
after its passage. 

Approved March 9, 1867. 



A.N ACT to incorporate tlie Wilmington Bridge Company. In force March 

8, 1867. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, The snper- 
visor of the town of Wilmington, and the supervisors of 
the other towns voting a tax for building a bridge at Wil- 
mington, shall, for the objects herein expressed, be a 
body corporate, and under the name and style of " The ^'-'^wi^' ^"•^ ^*y'^- 
Wilmington Bridge Company;" may sue and be sued, 
contract and be contracted with, and do all things necessary 
and proper to carry out the objects contemplated. 

§ 2. The amount of tax to be raised by each town for Tax raised, 
the purpose aforesaid, when ascertained by conferring with 
the authorities of Wilmington as aforesaid, shall be audited 
by the board of town auditors of each of said towns, which 



190 



Disposal of 
monev. 



Wilmington. 



amounts shall be levied and collected from the taxable pro- 
perty of said town all in one year, or may be divided with 
equal parts and be collected as aforesaid in two (2) or more 
Borrow money, years, as shaJl seem best. And the said towns may borrow 
money at a rate of interest not exceeding ten per cent, per 
annum, payable annually, and issue bonds in sums of not 
less than $50 each, which shall be paid out of the taxes 
levied as aforesaid, which bonds shall be signed by the town 
clerk and be countersigned by the supervisor, and shall 
be binding upon the said town for the amount therein 
expressed. 

§ 3. The money collected as aforesaid shall be paid on 
the presentation of said bonds wdien due, or if no bonds are 
issued, the money, when collected, shall be paid on the 
order of the said bridge company, and all moneys received 
for the said bonds when sold, shall be paid on the oi-der of 
said bridge company. If any town shall fail to provide its 
share of tax ascertained as aforesaid, then the bonds of said 
town shall be issued in an amount sutficient to pay the same 
and be delivered to said company, and said bridge company 
shall be authorized to sell the same on the best terms 
obtainable, and apply the proceeds on any contract made 
by them by virtue hereof!, and credit said town with the 
same, 

§ 4. If no other town than Wilmington shall vote the 
tax aforesaid, on or before the first day of May next, then 
the said town of Wilmington is hereby authorized to borrow 
money for the purpose aforesaid, issue bonds in sums not 
less than $50 each, payable in one, two, or more years, with 
interest at ten per cent, per annum, payable annually. 
Money may be borrov/ed and bonds issued as aforesaid for 
repairing or building the bridge across the east branch of 
said river also. The commissioners of highways and the 
supervisor of said town are hereby authorized to enter into 
Contracts. coiitracts for the repairing the said bridges and apply the 
• money collected for the same on said contracts, and they 
shall cause the said bridge or bridges to be repaired or 
rebuilt as soon as weather and water will permit. Said 
bonds shall be signed by the town clerk and be counter- 
Board of audi- signed by the supervisor and the board of auditors being 
satisfied of the correctness of the same, shall audit the same 
and certify the amount to the board of supervisors of the 
county, and said board shall cause the amount to bo levied 
and collected as other town taxes are; but the fees and 
commissions for collecting any taxes levied by virtue of this 
act shall be only one-half the rate allowed for collecting 
other town taxes. The taxes, when collected, shall be paid 
into the town treasury, the treasurer being required to give 
a good and sufiicient bond therefor. 

§ 5. The bridge or bridges, when thus repaired or 
rebuilt, shall become the property of and belong wholly to 



Controllin, 
bridges. 



BRIDaES. 191 

the town of Wilmington, and shall be maintained, managed 
and controlled by the same, subject however to such rules 
and regulations as may have been or may be adopted by 
the city of Wilmington, and not impairing the rights and 
powers" already granted by law to the said city : Provided^ Proviso. 
that the amount received fur tolls ( if tolls be levied for 
crossing said bridge) over the amount necessary to keep 
said bridge in repair and the incidental expenses in taking 
care of the same, shall be applied on any indebtedness 
incurred in rebuilding or constructing the same. 

§ 6. The town authorities aforesaid of Wilmington, are Powers confer- 
awthurized to sell the superstructure of the old bridge or 
use the material of the same in repairing either of said 
bridges, and to do all things necessary and proper to carry 
out the objects of this act. If the said town authorities 
shall prefer to not accept of the amount proposed to be 
raised by any of said towns on account of the same being 
too small, then the said authorities of Wilmington may 
reject the same, and repair or rebuild the said bridge or 
bridges as aforesaid. 

§ 7. If on I r before the first day of July next no pro- Proviso, 
vision shall have been made for repairing or rebuilding said 
bridge or bridges, by the town of Wilmington, or any of 
the other towns, then the supervisor and commissioners of 
highways of said town of Wilmington and the mayor of 
the city of Wilmington, shall be authorized and empowered 
to enter into negotiations with and convey to any person or 
persons the Iranchises and property pertaining to the said 
bridge, upon the conditions and stipulations herein ex- 
pressed. 

§ 8. Whenever an arrangement satisfactory to the par- Arrangements. 
ties aforesaid shall have been entered into, such person or 
persons shall enjoy the rights and franchises herein given, 
subject to the following general rules : 

First — The person or persons aforesaid, with their asso- 
ciates, may organize and become a body corporate and 
politic, under the name of " The Wilmington J!>ridge Com- yame. 
pany;" and by that name and style may sue and be sued, 
plead and be impleaded, contract and be contracted with. Powers of cor- 
make all needful rules and by-laws for the government of p°^''^''°°- 
said company, fix the amount of the capital stock of said capital stock, 
company at any amount they may deem necessary, appoint 
all oflicers and agents necessary to carry out the objects 
herein contemplated. 

Second — The said company, after its organization, shall 
consist of all persons that shall become stockholders therein, 
and in managing the afi'airs of said company each stock- 
holder shall be entitled to one vote for each share held by 
him, and the shares of stock shall consist of $100 each, and 
shall not be subject to local taxation. 



192 



Keeping in re^ 
pair. 



Embankments. 



Kate of tolls. 



NewDridge. Tliivd — The said company, after its organisation, shall 

rebuild or construct within such time as may be agreed upon 
with said authorities of Wihnington, a good and sufficient 
bridge upon the old abutments and piers, if sound and 
sufficient, which bridge shall be well and thoroughly con- 
structed of wood or iron, and as suitable and convenient 
for crossing as tlie old bridge Avas when new, with the 
addition of a sidewalk for fool passengers. 

Fourth — Tlie said company shall constantly keep and 
maintain said biidge in good repair, and allow all persons 
a speedy ])assage over the same with their vehicles and 
animals, and if at any time said bridge shall become unsafe 
or impassable for the period of three months at any one 
time, the said bridge, with all of the rights and franchises 
appertaining thei'eto, shall be forfeited to said town : Pro- 
vided, that if said bridge shall be damaged or destroyed by 
fire or flood, the said company shall be allowed the neces- 
sary time to repair or rebuild the same, which time shall 
not exceed four months. 

Fijth — The said company shall erect necessary embank- 
ments at each end of said bridge, and shall have power to 
erect and maintain such toll gates, toll houses, and other 
houses for their employees as may be necessary. 

Sixth— T\\Q said company, after the completion of said 
bridge, shall be permitted to establish a rate of tolls for 
crossing the same and shall not exceed the following rates: 
For each vehicle drawn by a pair of horses, oxen, mules 
or asses, twenty cents; for each additional animal attached 
to said vehicle, ten cents; for each one horse wagon or other 
vehicle, fifteen cents; for each man and horse, ten cents; 
for each head of horses, cattle, mules or asses, live cents; 
for each hog or sheep, three cents; for each foot passenger, 
one cent; and if any of the said men, vehicles or animals 
shall return the same day, one-half the above i-ates only 

Proviso. shall be charged : Brovided^ that said company may double 

the rates aforesaid between the hours of nine o'clock r. m. 
and live o'clock a. m : And^ also^ provided, that the cows 
and other animals runnit)g at large and belonging to the 
inhabitants of the city of "Wilmington, may pass over said 
bridge at one-halt of the rates above named. 

Schedules. Seventh — The said company shall put up and keep in a 

conspicuous place, at each end of said bridge, a schedule of 
the rates of toll charged for crossing the same; they shall 
also keep up at each end of said bridge the amount of 
the penalty assessed for crossing said bridge faster than a 
walk. 

Penalties. Eighth — The said bi-idge and the approaches thereto, 

shall be deemed a public highway within the meaning of 
the laws providing for punishment for the destruction, 
injury or obstruction of the public roads and bridges in this 
state. 



BBEWERIES. 193 

Ninth — Every person riding or driving any animal across Restrictions. 
said bridge faster than a walk, shall be subject to a fine not 
exceeding five dollars, to be recovered before any justice of 
the peace of said county, and shall be paid to said company, 
and such person shall be liable for whatever damage he 
may cause to said bridge. 

Tenth — ^aid town of Wilmington shall have the right by ciiangeof own- 
giving six months' notice, at any time after fifteen years 
from the date of this act, to purchase the said bridge of the 
said company, with all of the rights and franchises appertain- 
ing thereto, by paying to said company the value thereof, 
which value shall not exceed the 'amount expended by 
said company in building, repairing and maintaining the 
same. 

Eleventh— Tho, said company may borrow money at any Borrow money 
rate of interest ; may mortgage iheir franchises and other 
property, issue bonds, secured by said mortgage, and sell 
the same. 

Iwelfth — The town and city authorities aforesaid, may contracts. 
require of said company other conditions than those above 
enumerated, and said authorities are hereby empowered to 
make any contract with the said company or with any other 
13erson, for repairing or constructing a bridge across the 
east branch of said river at Wilmington, and may use the 
money already collected in making a contract for repairing 
or rebuilding the bridge or bridges across either branch of 
said river, in such manner as to them shall seem best, and 
the said authorities are authorized to do all things necessary 
and proper to carry out the objects of this act, to protect 
and promote the interests of the people of said town. 

§ 9. This shall be deemed a public act, and be in force 
from and alter its passage. 

Approved March 8, 1867. 



AX ACT to incorporate the Buscli and Brand's Brewery Companv. In force Feb. 14, 

1S6T. 

Section 1. Beit enacted hy the Feojyle of the State of 
IlUnois, represented in the General Assembly, That Valentine 
Busch, Michael Brand, John Brand, Peter Koehler, Philip 
Lorre and their associates and successors, and all such per- 
sons as shall become stockholders in the company hereby 
created, shall be a body politic and corporate, by the name 
and style of " Busch and Brand's Brewery Company ;" and Name and style 
by that name they and their shall be known, and have suc- 
cession ; and may sue and be sued, plead and be impleaded, 
defend and be defended in all courts of law and equity, and 



19i 



BKEWERIES. 



Capital stock. 



Objects. 



Business pow- 
ers and privi- 



may have and use a common seal and alter the same at 
pleasure. 

§ 2. The capital stock of said company shall be three 
hundred thousand dollars, with power to increase the same 
to five hundred thousand dollars, to be subscribed and paid 
in manner hereinafter mentioned ; which said capital stock 
shall be divided into shares of one hundred dollars each, 
and shall be deemed personal property, and shall be trans- 
ferable on the books of said company in such manner as its 
by-laws may prescribe. 

§ 3. The object of said company is, and it is hereby 
empowered, to purchase, acquire and incorporate the brew- 
ery establishment heretofore established and now carried 
on by the said Yalentine Busch and Michael Brand, in the 
city of Chicago, and known as "Busch and Brand's 
Brewery," with the premises, grounds, buildings, appur- 
tenances and fixtures thereunto belonging and appertain- 
ing ; and, also, to acquire, purchase, manufacture, sell and 
deal in malt, hops, beer, ale, wines, spirituous, fermented 
and distilled liquors. 

§ 4. It shall be lawful for said company to acquire, 
purchase and hold, and to sell and dispose of such real 
estate as may be necessary and requisite for the transaction 
of the above-mentioned business and trade, and to make 
and execute notes, bonds, bills, m.ortgages and such other 
securities and evidences of indebtedness as may be neces- 
sary for the effectual carrying on of said business : and may 
also take security from its customers and others upon real 
estate and personal property or chattel interests, for current 
accounts, including accruing and future indebtedness ; and 
also to bid in and purchase any real estate and other pro- 
perty at any judicial and other sale made by virtue of any 
debts, security, trust or power, made to or vested in or held 
by or for the said company; and to receive and take in 
satisfaction of any debt or security any real estate, and to 
hold and dispose of the same for its own use and beneht. 
Directors. g 5. The affairs of said company shall be managed by 

a board of three directors, all of whom shall be stockholders 
of said company to the extent of at least lifty shares each, 
stock subscrip- Auy thrcc of the corporators above named shall be commis- 
sioners to open books for subscription to the capital stock 
of said company, which shall be done within ninety days 
from and after the passage of this act, and to receive pay- 
ments on account of the stock so subscribed ; and the nu)ney 
so received shall be paid over by such commissioners to 
the directors, as soon as the latter are elected. As soon as 
two hundred thousand dollars of the capital stock in said 
company have been subscribed, and fifty per cent, tliereof 
been paid in, (which fifty per cent, it shall be the duty of 
said commissioners to require to be paid in at the time of 
the subscription,) the said commissioners shall call a meet- 



BKEWEEIE8, 195 

ing of the stockholders, at such a time and place in the city 
of Chicago as they may deem proper, for the purpose of 
electing directors. The directors elected at this meeting 
shall hold their offices until their successors shall have been 
elected at the next annual election and have been duly 
qualilied. 

§ 6. Subsequently thereto the election of directors of Election of a- 
said company shall be held annually in the city of Chicago, ^^'^^°'^^- 
on the first Monday of November in every year, at such a 
place and hour as the board of directors may designate, and 
a notice, specifying such time and place, shall be posted for 
at least ten days previous to such election, in a conspicuous 
place in the office of said company. All elections shall be 
by ballot. Every stockholder shall be entitled to one vote 
for every share of capital stock standing in his or her name 
on the books of said company, and may vote either in per- 
son or by proxy. In case of a tie the vote of the presiding 
officer shall be decisive. The directors shall hold their 
office lor one year and until their successors shall have been 
duly elected and qualified. 

§ 7. The directors shall annually elect a president of President. 
the company from their own body. They shall have the Regulations 

,i '' ,. . ,- • ^1 • "t ^- . 1 and by-laws. 

power, irom tmie to time, m their discretion, to make, pass, 
alter, establish, rescind, revoke, repeal, and re establish, by 
and with the consent of a majority of all the directors elect, 
however, only, such rules, regulations and by-laws for the 
government of the said company and the management of 
its affaii's and business, and for the appointment of a secre- officers 
tary, treasurer and all such agents, servants and attorneys 
as they may deem necessary and proper, and may prescribe 
their duties, fix their remuneration, require bonds, and do 
all other acts which may be deemed expedient to promote 
the interests of said company, not inconsistent with the 
laws of the land. The bond of the treasurer to be at least Treasurer's 
thirty thousand dollars. Said amount to be increased, in 
the discretion of the directors, who may require such securi- 
ty as shall be prescribed by the by-laws of said company. 

§ 8. In case of a vacancy occurring, by death, resigna- vacancies. 
tion or otherwise, in the number of directors, the remaining 
directors shall, at their next regular or special meeting, 
designate a person from among the other stockholders, who 
shall have the necessary qualifications, to be elected a 
director to supply such vacancy ; and the person so desig- 
nated and chosen by a majority of all the directors, shall, 
if he accepts and qualifies, thenceforth act as director until 
a successor is duly elected at the annual election next fol- 
lowing and has qualified. 

§ 9. The said directors shall have power, from time to Assessments. 
time, and at such times and in such amounts as they may 
deem proper and expedient, to make assessments on the 
stockholders of said company, and to call for the payment 



196 BREWERIES. 



Calls for sub- of installments of the Capital stock, and balances clue on 

tious. - - ' - - . . . . 

Notice of. 



"''"^" subscription for the same ; and a written notilication of 



each and every such call shall be posted up in a conspicu- 
ous place in theothce oi" said company ; and each stockhold- 
er shall also be notitied thereof by a letter addressed and 
mailed to his, or her, or their address, as the same shall 
appear upon the stock books of said company ; and in the 

Non-payment event of the uou-payment of any such assessment or call 
°^' within sixty days after due notice given in the manner 

hereinabove provided for, it shall be lawful for the direct- 
ors, at their option, either to enforce the payment of the 
amount so due and payable by legal proceedings, or to sell 

Sale ofshares of fairly at public auction, for cash, to the highest and best 
sfocklioMers. bidder therefor, the amount of stock standing in the name 
of such delinquent stockholder, or to buy in the same for 
the benefit of said company ; and the proceeds of such sale 
shall be paid over to such delinquent stockholder, who shall, 
upon such sale, cease to be a stockholder in the said com- 
pany, and whose share or shares shall, upon the books of 
the company, be transferred by the secretary thereof to 
such purchaser or purchasers of said forfeited stock or 
shares ; which latter shall thenceforth have and enjoy all 
the rights, privileges, dividends and profits accruing and to 
accrue to or in respect of said shares of stock so purchased, 
and become liable for the payment of all calls and install- 
ments then due and thereafter to become due and payable 
on said shares of stock. 

Dividends. § 10. It shall be lawful for the directors of said com- 

pany, from time to time, to make, declare and pay divi- 
dends upon the capital stock of said company, in such 
manner and such amounts as they may deem most expedi- 
ent for the interests of said company. 

Records, § 11. Said company shall keep in the office of the 

secretary proper books, in which shall be kept a full and 
correct record of the names and post office addresses of the 
stockholders to be furnished by them, and of the amount of 
stock held by each, and of all transfers thereof; and no 
transfer of any shares of capital stock shall be of any valid- 
ity until the parties shall have caused the same to be entered 
by the secretary upon the books of the company ; also a 
record of the proceedings of the stockholders and of the 
board of directors, and of the by-laws, rules,' regulations and 
business transactions of said company ; which books shall 
be subject to inspection, at all reasonable times during 
business hours, by any stockholder or creditor of said com- 
pany. 

Period of exis- § 12. The Said Company hereby created shall exist for 
tence. ^j^^ ^g^,^^ ^^- nj^ety-nine years. 

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

Approved, February 15, 1867. 



BREWERIES. 197 



AN ACT to incorporate Hack's Chicago Brewery Company. la force Feb. 19, 

1867. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That John 
A. Hiick, Lewis 0. Iluck, Philip Bartholomae, Jacob Rhem, 
and John S. Miller, and their associates and snccessors, 
and all snch persons as shall become stockholders in the 
company hereby created, shall be a body politic and corpor- 
ate, by the name and style of " Hnck's Chicai^o Brewery corporate name 
Company;" and by that name they and their snccessors a'^'i P'^^e^s, 
shall be known and have succession ; may sne and be sued, 
plead and be impleaded, defend and be defended in all 
courts of law and equity ; and may have and use a common 
seal, and alter the same at pleasure. 

§ 2. The capital stock of said company shall be five capital stock, 
hundred thousand dollars, with power to increase the same 
to one million dollars, to be subscribed and paid for in 
manner hereinafter mentioned ; which said capital shall be 
divided into shares of one hundred dollars each, and shall 
be deemed personal property, and shall be transferable on 
the books of said company in such manner as its by-laws 
may prescribe. 

§ 3. The object of the said company is, and' it is hereby g^u ^^^ ^^^i 
empowered, to purchase, acquire and incorporate the Easrle in mait, hops, 

T5 • r^\ ■ 1 1 i. • I beer, etc. 

Brewery, in (Jhicago, and also to acquire, purchase, manu- 
facture, sell and deal in malt, hops, beer, ale, wines, spirit- 
uous, fermented and distilled liquors. 

§ 4. It shall be lawful for the said company to acquire, 
purchase and hold, or sell and dispose of such real estate as 
may be nessary for the transaction of its business ; and, 
also, to borrow money and to pay interest thereon, and to 
make and execute bonds, bills, notes, mortgages and other 
securities and evidences of indebtedness, as may be neces- indebtedness. 
sary for the carrying on of the business mentioned in sec- 
tion three of this act ; and may, also, take security from its 
customers and others, upon real estate or personal property, 
or chattel interests, for current accounts, including accruing 
and future indebtedness ; and, also, to bid in or purchase 
any real estate or other property or chattel interests, at any 
judicial or other sale made by virtue of any debt, security, 
trust or power made to or vested in or held by or for the 
said company ; and to receive and take in satisfaction of any 
debt or security any real estate, and to hold and dispose of 
the same for its own use and benefit. 

§ 5. The afi'airs of said company shall be managed by a Affairs-how 
board of directors of at least five. They shall hold their managed. 
office for one year, and until their successors shall be elected Term of office, 
and qualified. And an election of directors shall be held ''*°" 
by the stockholders when and so soon as two hundred 
thousand dollars of the capital stock shall have been sub- 



198 BREWERIES. 

scribed, and five per cent, paid thereon. And three of the 
corporators herein named shall be commissioners to open 
books for subscription to the capital stock, which shall be 
done within one year from and after the passage of this act. 
And the money so received by the commissioners shall be 
paid over to the directors, when elected. 

Powers and du- § 6. The directors shall, annually, elect a president from 
pany.°^ *^°"^" their own body ; they shall have the power, from time to 
time, in their discretion, to make, pass, alter, establish, re- 
scind and re-establish such rules, regulations and by-laws, 
for the gf)vernment of the said company and the management 
of its alfairs and business, and for the appointment of a sec- 
retary, treasurer, and all such agents and attorneys as they 
may deem necessary and proper, and may proscribe their du- 
ties, fix their remuneration, require bonds, and do all other 
acts which maybe deemed expedient, to promote the interests 
of said company, not inconsistent with the laws of this state 
or of the United States ; but no by-laws of the said com- 
pany shall be passed without the consent of a majority of 
the directors ; and all the acts of the duly appointed offi- 
cers and agents of the said company done and performed 
under authority of its by-laws, rules and regulations, shall 
be binding upon the said company. The bond from the 
treasurer shall not be less than thirty thousand dollars. 

Subscriptions to § 7. The dircctors shall have power to call for the bal- 
stock. ance due on the subscription to the stock of the said com- 

pany, at such times and in such installments as they may 
deem proper ; and in the event of the non-payment of any 
call within sixty days after due notice, (which may be by 
letter mailed to his or her address, as it appears upon the 
stock books of the company,) it shall be lawful for the direc- 
tors, at their option, to enforce such payment or to sell fairly, 
by public auction, the amount of stock standing in the name 
of such non-paying stockholders, to any person or persons, 
or to buy in the same, for the benefit of the said company ; 
and the proceeds of such sale shall be paid over to such 

stockiioiders. non-payiu^ stockholders, who shall, upon such sale, cease t^o 
be a stockholder in the said company ; and the purchaser or 
purchasers of said shares of stock shall have and enjoy all 
the rights, privileges, dividends and profits accruing or ac- 
crued to or in respect of the said shares of stock, and 
become liable for the payment of all calls then due or there- 
after made on said shares of stock. 

Amounts and § 8. It shall bc lawful for the dircctors of Said compauy, 

Smde^ds. °^from time to time, to make and declare and pay dividends 
u])on the capital stock of the said compan}'^, in such manner 
and in such amounts as they may deem most expedient for 
the interests of the said company. 

§ 9. Said company shall keep in the office of its secre- 
tary proper books, in which shall be kept a full and correct 
record of the names and post office addresses of the stock- 



BREWERIES> 199 

holders, to be fnriiished by them, and of the amount of 
stock held by each, and of all transfers thereof; also, a * 

record of the proceedings of the stockholders of said com- 
pany, and of the proceedings of its board of directors, and 
of its by-laws, rules and regulations, and of its business 
transactions ; which books shall be subject to inspection at 
all reasonable times, during business hours, by any stock- 
holder of said company. 

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

Approved February 19, 1867. 



AN ACT to incorporate the Union Brewery and Coopering Company. K^ _foroe _Feb. 



28, 1867. 



Section 1. Be it enacted hy the People of the Stata of 
Illinois, represented in the General Assembly, That Albert 
F. Lincoln, John Lutz, Philip Zell, Louis Green, and Fer- 
dinand Welte, and such other persons ^s may associate 
with them for that purpose, are hereby constituted a body 
politic and corporate, by the name and style of "The Union Name and style.. 
Brewery and Coopering Company ;" and by that name and 
style they and their successors shall have perpetual succes- 
sion, with power to sue and be sued, plead and be impleaded. Powers. 
to acquire, hold and convey property, real, personal and 
mixed, to have and use a common sea!, and to do and per- 
form all lawful and necessary acts and things in carrying 
into effect the object and purpose of this act. 

§ 2. The capital stock of said company shall be one Capital stock. 
hundred thousand dollars, divided into shares of one hun- 
dred dollars each ; but the said corporation shall have power 
to increase their said capital stock to any sum, not exceed- 
ing two hundred thousand dollars, at any time, by vote of 
the directors of said company. 

§ 3. The persons named in the first section of this act commissioners. 
are hereby appointed commissioners, who, or a majority of 
whom, are hereby authorized to open subscription books for 
said stock, at such times and places as they may deem 
proper. The said commissioners shall require each sub- 
scriber to pay ten dollars on each share sulDscribed at the stock subscrip- 
time of subscribing ; and, whenever fifteen thousand dollars ''°°" 
of said stock shall be subscribed, the said commissioners 
shall call a meeting of the stockholders, by giving ten days' 
notice in some newspaper printed in the city of Peoria; 
and at such meeting the stockholders, (having one vote for 
each share,) shall proceed to elect five directors of said Directors, 
company, to whom, when elected, the said commissioners 
shall deliver up said subscription books, with all sums of 



200 , BREWERIES, 

f money or other property they may have received as com- 

missioners of said compan}'. No person but a stockholder 
shall be a director in said company. 
Term of office. § 4:- The directors of said company shall hold their of- 
fice for the term ui one year and until their successors are 
ele(-ted ; and the said directors, (a majority of whom shall 
Quorum. fomi a quorum for the transaction of business,) shall elect 

President. oue of their number to be president of said company, and 
Secretary, treas- one of their number secretary and treasurer of said coni- 
^''^^' panj ; and said directors shall have power to appoint such 

other officers, other officers as may be necessary for the transaction of the 
business of said company ; and to require the treasurer of 
Bonds. said company to give a bond in the sum of ten thousand 

dollars, with sufficient security, conditioned to account for 
and pay over all moneys that may come into his hands and 
for the faithful discharge of his duties, as prescribed by the 
By-laws. by-laws and ordinances of said company, and are hereby 

empowered to make all necessary rules, by-laws, regulations 
and ordinances that they may deem necessary to accomplish 
the designs and purposes of said company, and for the 
transfer and assignment of its stock, which is hereby de- 
clared personal property, and transferable in such manner 
as shall be provided for by the ordinances of said cor- 
poration. 

§ 5. The directors of said company, after the same is 
organized, shall have power to open books in the manner 
prescribed in the third section of this act, and to till up the 
Balance and in- balauco of the stock of Said compaiiy, and any increase of 
stock voted to be made, as they may deem for the interest 
of said company, and prescribe times of payment of install- 
ments on said capital stock, in such sums as they may deem 
best calculated to advance the interests of said company. 
Necessary § (>• The Said corporatioii shall have power to erect all 

buiiduigs. necessar}^ buildings, fixtures and machir;ery in the city of 
Peoria for the prosecution of its business in making and 
manufacturing beer, malt and other liquors, and all kinds of 
cooperage, and to purchase and provide stock and materials 
for the same. 

§ 7. In order to facilitate the business operations of said 

company, the said directors shall be authorized to obtain 

any sum or sums of money on their bonds, mortgages or 

Debts. other evidences of debt, to the amount of stock actualh^ 

subscribed ; but at no time shall the debts of the company 

exceed in amount the capital stock. The shareholders shall 

be liable only to the full amount of the stock subscribed tor 

and taken by them. 

Contracts, § S- All Contracts, bonds, agreements, deeds and other 

bonds, etc. instruments taken or received by said company shall be 

executed to the company in its corporate name, and all 

deeds or mortgages made or executed by said corporation 

shall be upon the order of the board of directors, entered 



BUILDING ASSOCIATIONS. 201 

on their records at any meetinpj of the board, and made by 
the president and sealed with the corporate seal and attested 
by the secretary ; and such conveyance shall recite and set 
forth the order made by the directors for that purpose. 

S 9. The time for the annual meeting for the election of Annual meet- 



ings for elec-- 
tions. 



directors shall be the first Monday of the montli of January 
in each year ; and notice thereof shall be given in some 
newspaper thirty days previously : Provided^ that an Proviso, 
omission to hold such annual meetintj; shall not work a for- 
feiture of their charter or a dissolution of the corporation. 

§ 10. This act shall take effect from and after its passage, 

Appkoved February 28, 1867. 



AN ACT to incorporate the Elmwood Building Company.- In force teb. 20^ 



1867 



Section 1. Be it enacted hy the People of the State of 
Illinois^ represented ifi the General Assembly^ That William corporators. 
J. Phelps, Addison L. Tracy, William Edwin Phelps, 
Harlan P. Tracy and James Lee, and their associates, suc- 
cessors and assigns, be and are hereby created a body politic 
and corporate, by the name and style of "The Elmwood Nameandstyie. 
Building Company ;" and by that name and title shall have 
perpetual succession ; and shall be capable of suing and 
being sued, pleading and being impleaded, answering and Powers. 
being answered in all courts of law or equity whatever ; to 
have and use a common seal, and alter the same at pleasure; 
to establish all by-laws for the government of the company, 
and alter or amend the same; to purchase, hold, sell and 
convey real estate, and to receive the same in payment for 
stock ; to borrow money and secure the same by mortgage 
on the real estate or other property of the company ; to 
erect and maintain buildings in the town of Elmwood, in 
Peoria county, suitable for hotel, mercantile, storage, dwell- 
ing and other purposes, and lease or occupy the same, as to 
them shall seem wise and prudent; and, generally, to have 
and exercise all powers, rights and privileges usually ac- 
corded to corporations for such purposes. 

§ 2. The capital stock of the company shall be one hun- capital stock. 
dred thousand dollars, divided into shares of one hundred 
dollars each, for which certificates shall be issued, and may 
be increased to any sum not exceeding three hundred thou- 
sand dollars. It is provided^ however, that when ten 
thousand dollars of the capital stock shall be subscribed and 
paid in, the company may organize and go into full ope- 
ration. 

§ 3. This act shall be deemed a public act, and take 
effect from and after its passage. 

Appkoved February 20, 1867. 
Yol. I— M 



202 BUILDING ASSOCIATIONS. 



tn force March AN ACT to amend an act entitled "An act to incorporate tlic Miltan Block 
'■ Association," approved February 16, 1865. 

Section 1. Be it enacted hij the People of the State of 
Illinois, represented in the General Assembly, That section 
^ImendeV' '''' ^'^^ (^) ^^ ^'^^ ^^^ entitled "Au act to incorporate the 'Milton 
Block Association,'" be, and the same is hereby so amended 
fis that the capital stock of said corporation may be increased 
to any sura not exceeding fifty thousand dollars. 

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

Approved March 9, 1867. 



In force Feb'y AN ACT to incorporate the Rockfbrd Building Association of the city of 
2«' l^*^'- Eockford. 

Section I. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That Thomas 

Corporators D. Robcrtson, Melanctliou Starr, Seldeu M. Church, John 
P. Maury, and Rosmer P. Holland, and their associates and 
successors, be, and they hereby are declared a body politic 
and corporate, by the name and style of " The Kockford 

Name and style. Buildiug Associatiou ;" and by that name shall have jjer- 
petual succession ; and shall have power to contract and be 

Powers. contracted with, sue and be sued, implead and be impleaded, 

answer and be answered unto, in all courts of competent 
jurisdiction ; and may make and use a common seal, and 
renew or alter the same at pleasure ; and shall have all other 
powers and privileges necessary to accomplish tlie objects of 
their incorporation. 

Object. § 2. The objects of said corporation shall be the pur- 

chase of real estate, in the city of Rockford, and the erection 
thereon of a building or buildings, for a public hall and 
other purposes, as shall be most beneficial to said corpo- 
ration. , 
fficers. § 3. Said corporation shall have power to prescribe the 
number, duties and salaries of its officers, the time or times 
of payment for shares of its capital stock subscribed, and to 
make such by-laws for the management of its afl'airs as may 
be necessary for the accomplishment of the objects of its 

Proviso. incorporation : Provided, the same shall not conflict with the 

laws of this state and of the United States. 

Bonds of offi- § 4. Said corporation may require bond, and suflicient 

^^^'^' security, of its treasurer, or other officer or officers, who 

may have in keeping the moneys, or other effects of said 
corporation. 



BUILDING ASSOCIATIONS. 203 

§ 5. Said corporation shall have power, in law and in Possession of 
equity, to purchase real estate, and personal or mixed prop- P'^'P^rty. 
erty, and to receive a conveyance of the same, by its corpo- 
rate name ; and the same estate to grant, bargain, sell, demise, 
lease, place out at interest, or otherwise dispose of, as may 
be most benelicial to said corporation ; and shall, also, have 
power to erect upon such real estate, so purchased, a build- 
ing or buildings for a public hall, and for such other uses Public haiis. 
and purposes as may be most beneficial to said corporation : 
Provided^ the amount of such real estate purchased shall Proviso, 
not exceed the amount of capital stock by this act authorized. 

§ 6. The capital stock of said corporation shall be thirty capital stock, 
thousand dollars, divided into shares of one hundred dollars 
each, with the privilege of increasing the same to any 
amount, not exceeding seventy-live thousand dollars, deemed 
necessary by said corporation for the accomplishment of its 
objects. Said shares of stock shall be transferable in such 
manner as said corporation shall by its by-laws prescribe : 
Provided^ that shares of stock in arrears for the payment 
of any installment due thereon shall not be transferable: 
A7id provided further, that shares of stock so in arrears 
shall be subjected to such penalties and forfeitures as may 
be fixed by the by-laws of said corporation. 

§ 7. The persons enumerated in section 1 of this act are stock subscrip- 
hereby constituted a committee to open books for subscrip- '°°' 
tion to the stock of said corporation ; and whenever twenty 
thousand dollars of such stock shall be subscribed, said com- 
mittee shall call a meeting of the stockholders, first giving 
one week's notice of the time and place of such meeting in 
some newspaper printed in the city of Rockford, at which 
meeting a majority of the stockholders present may organ- 
ize said corporation, by the election of officers. The officers 
so elected may at once make calls upon the stock subscribed, 
and may proceed to carry out the objects of said corporation. 

^ 8. Each stockholder shall be entitled to one vote, at X°*j*%°^ ^'°*'^" 
all meetings of stockholders, for each share of stock by him 
held, and absent stockholders may vote by proxy : Provided, 
that no stockholder shall be entitled to vote at any meeting 
who may be in arrears for the payment of any installment 
due on his stock. 

§ 9, The times of the regular meetings of said corpora- Meetings. 
tion shall be fixed, and may be altered, from time to time, 
by its by-laws ; and special meetings of said corporation 
may be called by a majority of the officers thereof, public 
notice of the time and place of such meeting being first 
given one week in advance, in some newspaper printed in 
said city of Rockford. 

§ 10. Said corporation may, by its by-laws, provide securities. 
what security its stockholders shall give for the payment of 
any part of their stock which may be in arrears. 



204 



BUILDING ASSOCIATIONS. 

§ 11. The fiscal year of said corporation shall commence 
on the first day of May, and shall end on the thirtieth day 
of April of each year. 

§ 12. The oflicers of said corporation shall declare such 
dividends on the capital stock of said corporation, annually, 
or semi-annually, or quarterly, or monthly, as in their judg- 
ment, the affairs of the corporation will permit. 

§ 13. This act shall be a public act and shall take 
effect from and after its passage. 

Approved February 28, 1867. 



In force March 
5, 1S67. 



AX ACT to incorporate the Chicago Building Block Compan}', 



Corporators. 



Capital stock. 



Section 1. Be It enacted hy the People of the State of 
Illinois^ rejpresenteclin the General Assembly^ That W. W. 
Boyington, J. B. Stillson, John Y. Farewell, and their asso- 
ciates, are hereby created a body politic, under the name 
Nameandstyie. and Style of "The Chicago Building Block Company." As 
such they shall have perpetual succession ; may sue and be 
sued in any court whatever, with powers and privileges as 
hereinafter provided. 

§ 2. The capital stock of said company shall not exceed 
five hundred thousand dollars, in shares of one hundred 
dollars each; but when sixty thousand ($60,000) dollars 
shall have been subscribed and thirty thousand dollars paid 
in, in cash, the said company may organize and proceed to 
business under this charter. 

§ 3. The business of said company shall be conducted, 
and its corporate powers exercised, by a board of directors, 
not exceeding five, nor less than three. The above corpo- 
rators shall constitute the first board ; and annually there- 
after, alter its organization, the stockholders shall elect 
directors. The directors shall have power to make such by- 
laws for the management of the business of said company 
as are not inconsistent with the laws of this state or of the 
United States. 

§ 4. This company shall have power to buy, lease, hold 
and sell real and personal property, both in the transaction 
of its business and in the settlement of any claim or de- 
mand arising out of their business, and to exchanoe the 
same for other property, as they may determine the inter- 
ests of the company require, and to borrow money. 

§ 5. The stockholders of this company shall be liable, 
in proportion to the amount of stock subscribed by them, 
for any debts against said company contracted prior to the 



Possession of 
real e-<tate and 
property. 



Liabilities of 
stockholderB^ 



BUILDING- ASSOCIATIONS. 205 

fall payment of their subscriptions to said stock until said 
subscriptions are paid in full. 

§ 6. This [act] is to be deemed a public act, and be in 
force from and alter its passage. 

Approved March 5, 1867. 



AN" ACT to incorporate the Mercantile Building Association. In force March 

5, 1&67. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assemhhj, That Henry 
M. Smith, Edward Burling, Charles Daegling, Cornelius 
R. Field, Peter Page and Edward Bauman, and their asso- corporators, 
ciates, successors and assigns, be and are hereby created a 
body corporate and politic, under the name and style of the 
" Mercantile Building Association," with all powers, rights, 
privileges and immunities incident to corporations and 
necessary or useful for the purposes of this act. 

§ 2. The capital stock of the said association shall be not capital stock. 
less than three hundred thousand dollars, nor more than five 
hundred thousand dollars, and be divided into shares of one 
hundred dollars each, and be issued and transferred in such 
manner and under such conditions as the directors of the 
said association shall, by the by-laws thereof, prescribe. 

§ 3. The corporate powers of the said company, shall Directors, 
be vested in and exercised by a board of directors, con- 
sisting of such number of persons, not less than three nor 
more than seven, as the stockholders of said association 
may from time to time direct. The said directors shall be 
chosen by the stockholders at such time and place as may How chosen. 
be fixed by the by-laws of the said company and shall hold 
their offices for one year and until their successors are office tenure. 
elected and qualified. They shall elect one of their num- 
ber president of said association, and may till any vacancy President. 
in the said board occasioned by death, resignation or other- ^^°^^°'^*- 
wise, for the unexpired portion of the term of ofiice so 
becoming vacant; and may make such rules, by-laws and Rules, by.iaws, 
regulations, and appoint such ofiicers and servants as they 
may from time to time deem expedient. Until an election 
of directors, as herein provided, the persons named as cor- 
porators in the first section of this act shall constitute a 
board of directors, and shall have and may exercise all the 
powers of such board. 

§ i. The said corporation shall have power to purchase, m^;^ Cw 'real 
hold and acquire, by lease or otherwise, real or personal estate, 
estate, situate in the city of Chicago ; said real estate not 
exceeding one acre — and construct and erect buildings 
thereon, and the same may sell, convey or lease, in such 



206 CAMP GROUND ASSOCIATION. 

manner and upon such terms as the said association may 
think lit and proper. 

§ 5. It may be lawful for the said association to borrow 
money, and the same, or any of its indebtedness, to secure, 
by mortgage, deed of trust or other security. 

§ 6. This act shall be deemed a public q.ct, and take 
effect from and after its passage. 

Approved March 5, 1807. - 



In force March AN ACT to incorporate the Cliicao;o District Camp Ground Association. 
7,18G7. 

Section 1. Be it enacted hy the Peoj^le of the State of 
Illinois^ rejjresented in the Greneral AssernUy, That Geoi'ge 
F. Foster, Charles M. Lindgren, Ranson F. Clough, RoV 

corporators. q^^ ^y ^ Mcacham, Thomas 0. Hoag, Joseph E. Kennicott, 
John 13. Ayers, James S. Kirk, Eldridge T. Rider, trustees, 
and their successors m office, be and they are hereby created 
and constituted a body politic and corporate, under the 

Nameandstyie. name and style of "The Chicago District Camp Ground 
Association ;" and, henceforth, shall be known by that 
name and style, and have perpetual succession, with power 
to sue and be sued, plead and be impleaded; to acquire and 
hold such property, real and personal, as shall be necessary 
for carrying into successful elfect the objects of said 

Corporate pow- associatiou ; to have and use a common seal ; to make and 

®'"^" alter from time to time such by-laws as they may deem 

necessary for the proper management and control of the 
property, grounds and personality of such association, and for 
the government of said asssociation, its officers and servants : 

Proviso. Provided, such by-laws are not inconsistent with the consti- 

tution and laws of this state and of the United States. 

o'ijcct. I 2. The object of said association shall be to furnish con- 

venient and accessible grounds, within the town of Maine, 
in the county of Cook, in said state of Illinois, for the 
holding of camp meetings, under the direction and authority 
of churches in connection with the Rock River Conference 
of the Methodist Episcopal Church, in said state ; and for 
that purpose the said association is hereby empowered to 
purchase, or acquire by donation, a tract of land in said 
town of Maine, of not exceeding eighty acres ; and the 
same to improve, adoi-n and lit up, for use as aforesaid, at 
its discretion. And, while such grounds shall be used for 
religious meetings, the same with the improvements and 
fixtures, shall be exempt from taxation. 

^tees!°°°'*^"^' § ^' ^^^^ association may elect at the annual camp 
meeting, to beheld during the year a. d. 1867, or, in default 
of such meeting being held, at the first camp meeting held 



CAMP GEODND ASSOCIATION. 207 

after the passage of this act,bj the preacher and one lay mem- 
ber elected by the quarterly conference of each charge in 
the Rock River Conference choosing to be represented in 
said association, nine trustees of said association ; three of 
said trustees to hold office for the term of one year, three to ^^^^^ ^^ ^^^^ 
hold office for the term of two years, and three to hold 
office for the term of three years and until their successors 
shall be elected ; and, thereafter, at the annual meetings of 
said association, said association may elect trustees of said 
association to fill the vacancies occasioned by the death, ^^•^-'^"^y- 
removal, resignation or expiration of office of any trustee; 
which trustees shall hold office for the term of three years 
and until their successors shad be appointed. 

§ 4. The said trustees shall have power to appoint a officers, 
president, vice-president, secretary and treasurer, from their 
number, and to employ such agents and servants as may be 
necessary lor the purpose ot carrying out the object of said 
association. 

§ 5. The said trustees and their successors, and the tZ%yohr^l'- 
officers and servants of said association, shall each and every ^^^s- 
[one] of them, during the occupancy of the grounds of said 
association by religious* assemblies, be vested with police 
powers, with authority to arrest, upon view, all persons 
guilty of any breach of the peace, disorderly conduct, dis- 
turbance of such religious assembly, infraction of the pub- 
lished rules of said association, or of any oliense against 
the laws of this state, and take such offenders before any 
justice or justices of the peace in Cook county, to be dealt 
with ^according to law; and such justice or justices are 
hereby authorized to hold court on said premises. 

§ 6. The said association shall have power, and are hereby ^saie'onrq" orsf 
vested with authority, to prohibit upon its grounds and for etc. 
a space of one hundred and sixty rods in width on all sides 
of their grounds the selling or giving away of all fermented 
vinous, or spirituous liquors, and to prohibit huckstering 
and tlie selling of all articles calculated to disturb religious 
meetings, and may under its police powers, above conferred, 
arrest any person in the act of so selling or giving away 
any such liquors, or huckstering or selling any articles to the 
disturbance of such meetings and take him or her before a 
justice of the peace, to be dealt with according to the provi- 
sions of section 7 of this act. 

. § 7- Any person who shall be guilty of selling or giving 
away any fermented, vinous or spirituous liquors, or selling 
any articles to the disturbance of such meetings, contrary 
to the provisions of any by-law^of said association, enacted 
under the provisions of section 6, of this act, shall be sub- 
ject to a fine of not exceeding fifty dollars for each and 
every otiense, recoverable before any justice of the peace 
of said county of Cook. 



Penalties for 



208 



Publication 
notice. 



CEMETERIES. 

§ 8. No person shall be liable as an offender against 
any of the provisions of this act or any by-law of said 
association, unless the said association shall have posted in 
a conspicuous place or places the full tenor of such by-law 
or provision against which such alleged offense shall have 
been committed, 

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

Approved March 7, 1867. 



In force Febru- 
ary 120, 18G7. 



AN ACT to incorporate the Winchester Cemetery Association, 



Corporators. 



N c8 me and style 



Powers 
privilej 



Section 1. Be it enacted by the People of the State of 
Illinois^ repres€ntedi7i the General Assembly, That Nathan 
M. Knapp, William C. Berry, James Watt, George G. 
Terry, Albert G. Burr, and their successors, are hereby 
incorporated as an association, by the name and style of 
"The Winchester Cemetery Association ;" and by that name 
and style shall have perpetual succession, with power to sue 
and be sued, plead and be impleaded in all courts of law 
and equity. 

§ 2. Said corporation shall have power to lay off, estab- 
lish and control suitable grounds for a cemetery, in the 
vicinity of Winchester ; shall have full power, by suit, 
before any justice of the peace, to recover penalties for any 
and all trespasses or injuries committed or permitted on the 
grounds appropriated as a cemeterj' ; to assess and collect 
from owners of lots therein such sums as may be necessary 
to be expended in repairing fences or keeping the grounds 
in good order and condition. 

§ 3. Said corporation shall, on the first Monday in July, 
A. D. 1869, publish a call for the lot owners in said cemetery 
Election oitrus- to assemble at some suitable place and elect five trustees, 
tees. ^yi^f) shall succeed said corporators as the legal represen- 

tatives of the incorporation hereby created, with all the 
powers and authority hereby vested in them. And on the 
first Monday in July of each biennial year thereafter such 
election shall be ordered and held : Provided, a failure at 
Proviso. any time to elect such successors shall not forfeit the rights 

ot' said incor])oration, but the incumbents then holding shall' 
remain charged with the duties and vested Avith the authori- 
ty herein expressed, until the next period fixed for such 
Proviso. election : And ^^^'ovided, further, in case of vacancy, by 

death or resignation, of any corporator or trustee, the sur- 
vivors of them may elect a successor. 

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

Approved February 20, 1867. 



CEMETERIES. 209 

AX ACT entitled an act to incorporate Elmwood Cemetery, of Litclifiekl, In force Feb. 
Ilhiiois. ' 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That Kobert corporators. 
II. Peal], E. M. Gilmore, Eliznr Sonthworth, David Davis, 
jr., William T. Elliott, W. E. Bacon, Richard W. O'Baii- 
non, Daniel NefF, H. II. Hood, and Daniel iVl. Sparks, and 
Louis Whitaker, and their associates and successors, be and 
they are hereby created a body corporate and politic, by 
the name and style "Elmwood Cemetery Association," of Name, 
the city of Litchfield, in the county of Montgomery, and 
state of Illinois ; and by that name and style to have per- 
petual succession, and all the powers, rights, liabilities and 
immunities incident to a corporate body. 

§ ii. The officers of said association shall be seven direc- officers, 
tors, and such other officers as by this act may be authorized 
or created ; each of whom shall be the owner of one or 
more lots in the cemetery of said association. Said direc- 
tors, or a majority of them, in all cases, shall cnnstitute a 
board for the transaction of all business, and the manage- 
ment of all property of said association, and shall be 
elected by ballot on the first Tuesday in March of each 
year, and shall hold their offices until their successors are 
elected. 

§ 3. Said hoard of directors shall choose from their own ^/g'^'j^fj'/j^f''^ 
number a president, a secretary, and a treasurer, and shall 
appoint a sexton, and such other officers as the interest of 
said association may require. A bond, with security, shall ^^^^^^y- 
be taken by said board from said treasurer, for the faithful 
discharge of the duties of his office. 

§ 4. " At all elections of said association, two of said di- Elections, 
rectors shall act as judges, and the secretary of the board 
as chief clerk thereof; and said clerk shall, within ten 
days after each election, give to the persons chosen a certi- 
ficate of their election. Said board may, on giving ten 
days' public notice thereof, hold a special election for tilling 
the vacancy or vacancies occasioned by the death, resigna- 
tion or removal of any of said directors. 

§ 5. Every person having a title of one or more lots in Membership. 
said cemetery, shall be a member of said association, and 
entitled to one vote only. Absent members shall have 
power to vote by proxy, authorized by writing, first filed 
with the secretary of said board. 

§ 6. Said board of directors shall have power to pur- Powers, etc. 
chase, receive by grant or otherwise, and hold lands, not 
exceeding one hundred acres, for a cemetery, and to survey 
and lay out the same into lots suitable for the burial f»f the 
dead ; also, to sell and convey the same, by certificates of 
purchase, signed and acknowledged by the President and 



210 CEMETERIES. 

attested by the secretary, as hereinafter provided ; and the 
purchasers thereof, their heirs and assigns, shall use their 
Eimwood cem- said lots f>r burial purposes only: I^rovided, that Elm- 
fiei(7°incorpo- wood Cemetery Association, at Litchfield, Illinois, as the 
with! ^^'^' same now exists, be and is hereby incorporated into this 
association ; and the cemetery grounds of said association, 
as the same have been platted and recorded and are now 
being used for the burial of the dead, shall be used by this 
association in the same manner as if surveyed and platted 
under the direction of this association ; and every owner of 
one or more lots therein shall be considered a member of 
this association. 
Disposition of g 7, The procccds arising from the sale of said lots 
ssxie^^^^ ° shall be applied by said directors in inclosing, protecting 
and ornamenting said cemetery, and in making such other 
improvements thereon, and for such other purposes for the 
interest and objects of said association as the said directors 
may deem necessary or appropriate. And said board of 
By-laws, etc. directors shall have power to e-tablish and change by-laws, 
prescribe rules and regulations for the appointment, term 
of office, duties and fees of their officers, the government of 
the association, and the general supervision and control of 
its property. Said board may, for cause, remove any of 
the officers of its appointment. 
Seal and device. g g^ g^id association shall have a corporate seal, with 
such device and inscription thereon as may be determined 
by said board of directors. All deeds and other writings 
made or issued by said association shall be signed by the 
president, attested by the secretary, and sealed with the 
corporate seal. 
^reeords*'°of °^ ^ ^' ^^^'^ board of directors shall cause to be kept and 
preserved, in a book or books provided by them for that 
purpose, a full and complete record of all their meetings, 
proceedings, orders, purchases and sales of property, with 
the names and parties thereto ; also, a complete register of 
the burials in said cemetery, with the names and ages of 
the dead ; which book of record, as well as all other books 
kept by the board of directors or their secretary, shall at all 
times be open for the inspection of the members of said 
association. 
Rii^htsof prop- § 10. The right of property to any lot or lots in said 
cemetery shall be vested in the purchaser by certificate of 
purchase, signed by the president and attested by the sec- 
retary, and sealed as hereinbetore provided; which certifi- 
cate shall be recorded by the secretary. Every transfer of 
such certificate shall be made by surrendering the same to 
the secretary, who shall issue a new certificate to the 
assignee, and cancel the former. Lots owned by individ- 
uals in said cemetery shall not be subject to be sold in exe- 
cution for debts. 



meetings. 



erty. 



CEMETEEIES. 211 

S 11. A plat of all lands owned by said association shall Piatofiandsie- 

o I: 1 1 !■ • Quired 

be made by some competent surveyor, under the direction 
of said board of directors, attested by the said surveyor, 
and acknowledged by the president of said association, be- 
fore any officer authorized to take acknowledgments of 
deeds ; and, when so attested and acknc^wledged, shall be 
recorded in the recorder's office of Montgomery county, 
state of Illinois ; and such recording shall give to the record 
all the force, efiect and virtue that is by law given to records 
of town plats. 

S 12. All the property and eflects of this association Property ex- 

, ",, , i i' i. ;.• empt from tax- 

shall be exempt trora taxation. atioa. 

§ 13. This shall be considered a public act, and shall be 
construed beneficially for all purposes herain specified or 
intended ; to be in force from and after its passage. 

Approved February 21, 1867. 



AN ACT to incorporate the Coilinsville Cemetery Association. In force Feb. 28 



1S6T. 



Section 1. Be it enacted hij the People of the State of 
Illinois, represented in the General Assembly, That J. M. 
Lawrence, J. W. Peers, M. Weisenberger, D, D. Collins, corporators. 
H. Wing, A. W. Brown, J. K. Bretelle, J. L. R. Wads- 
worth, A. Sumner, George Miller, J. Kremer, J. C. Moore, 
H. Ripley, J. S. Peers, Thomas Munn, Wm. Stevens, or 
any five of them, be and they are hereby constituted a body 
politic and corporate, by the name and style of " The N^me and style. 
Coilinsville Cemetery Association ;" and by that name to 
have perpetual succession; and shall have and possess and 
be invested with all the powers, rights, privileges and 
immunities incident to a corporate body. 

§ 2. The objects of the said association shall be to lay out, objects, 
inclose, improve and ornament a piece of ground, as a 
burial place for the dead ; and for these objects the persons 
above named, or any five of them, and any other or others 
whom they may elect as associates, may acquire, by pur- 
chase or donation, any lands adjacent to the city of Coilins- 
ville, in the county of Madison, not exceeding one hundred 
acres ; and may sell and convey the same in parcels or lots, 
one or more, of such dimensions as they may determine 
upon. 

§ 3. The officers of the said association shall be such as officers, 
the members of the association, or a majority of them, may 
from time to time determine upon and elect ; and the duties Duties and pri- 
and privileges of such officers shall be determined by a '^''^s^^^f- 
majority of the members of the association ; and any or all 
of the business or affairs of the association may be conducted 



CEMETERIES. 



Evidence of. 
Lots and own' 



by one or more officers, at the election of a majority of tlie 
members. 

§ 4. Tlie members of this association, or three-fourths 
of them, may from time to time increase their numbers ; 
and a majority of them may make by-laws, rules and regu- 
lations for their government in all matters concerning the 
association and its business and affairs ; they shall procure 
a corporate seal, with such device or devices as tliey may 
choose, wherewith all deeds, certificates and other writings, 
made and issued by said association, shall be sealed ; and 
they shall keep a legible, clear and true record of all pro- 
ceedings, orders, purchases, sales, payments, receipts, and 
burials, with name, birth place and age, when obtainable, 
of the deceased ; which record shall be open to the inspec- 
tion of any or all of the members of said association : Pro- 
vided^ that the officer whose duty it shall be to make such 
record, shall not be compelled to record burials, with name, 
etc., without a fee, not exceeding sixty cents, to be paid by 
the party requiring the record. 

§ 5. The association shall cause the ground w^hich they 
may acquire, or any part thereof, to be laid out into lots, 
avenues, walks and alleys, suited to the objects hereinbefore 
named ; and whenever the same is so laid out, and recorded 
in the office of the recorder for Madison county, the part so 
laid out and dedicated and kept for the objects hereinbe- 
fore named, shall forever thereafter be exempt from all 
assessments and taxation, and from seizure and sale on 
execution, or by any order or decree of any court, and from 
any appropriation for public uses or purposes, unless for 
such uses or purposes the majority of the members of the 
association and owners of lots shall consent thereto ; but 
the association may lease or rent out any portion of the 
ground which they may have acquired and not laid out, as 
above described, and use the income from the same for the 
objects hereinbefore mentioned. 

§ 6. The conveyance of lots from the association to 
individuals may be by certificate, signed by two officers, 
thereto authorized by the association and sealed with the 
corporate seal of the association ; and every such certifi- 
cate, so signed and sealed, or the record of the same made 
by the proper officer of the association, or a certified and 
sealed copy of such record of the same, shall either of them 
be evidence of ownership in any court in this state. 

§ 7. Lot owners may hold one or more lots as tenants 
in common, but no lot shall be so alienated that difierent 
persons may hold the same or parts thereof in severalty ; 
nor shall the conveyance of any lot or lots, from any owner 
or owners to any other person or persons, be valid or com- 
plete until the same shall have been entered upon the 
record of the association, and until a sealed certificate of 
purchase or conveyance shall be issued by the proper officer 



, CEMETERIES. 213 

of the association ; for which sealed certificate said officer 
shall be entitled to a fee not exceeding sixty cents. 

§ 8. The association may require any lot owner or Repairs of lots, 
owners to keep in good order and repair any lot or lots 
owned by him, her or them, and to the efi'ect thereof, should 
such owner refuse or delay beyond thirty days after writ- 
ten notice to repair or put in order his, her or their lot or 
lots, then such owner or owners shall be debarred from all 
rights, privileges, immunities and proceedings in all and 
any matter or matters concerning the association or owners 
of lots, and remain so debarred until such repair or order 
be completed : Provided^ that the association shall not 
require at any one time any repairing or putting in order 
which shall exceed in cost the original purchase price of the 
lot or lots needing such repairs. 

§ 9. Lot owners shall at all times have a right of way, Risht of way. 
in his or her own person, over any avenue, walk or alley 
laid out for the objects of the association, and also to pass 
and repass, in contormity with the rules and regulations of 
the association, over any of the avenues, walks or alleys so 
laid out. 

§ 10. Any person who shall destroy, injui'e, disturb, or Penalty for in- 
in any way molest any tomb, vault or grave, within the in- stmetion of 
closures of the said association, with the intention or pur- farj'rference^^ 
pose of removing any body, or clothing, or ornament, or ^''^ bodies. 
jewel therefrom, or any person in any way aiding or 
abetting in the same, without permission from the proper 
officer of the association, shall be deemed guilty of felony, 
afid, upon conviction, shall be fined in a sura sufficient to 
pay all the costs of replacement and repair, and all the costs 
of arrest and suit and prosecution, and shall be imprisoned 
in the state penitentiary for a term not less than one year. 
And any person who, without consent of the owner or 
owners of the lot or lots whereon the same may stand, shall 
destroy, injure, disturb or any way molest, any monument, 
slab, stone, tree, shrub, plant, or other thing, within the 
inclosure of the said association, shall be deemed guilty of 
an offense, and shall, upon conviction, be lined in a sum 
sufficient to pay all the costs of replacement and repair, and 
all the costs of arrest and prosecution, and shall be im- 
prisoned in the county jail for a term not less than three 
months. 

§ 11. This act shall be a public act, and shall take effect 
and be in force from and after its passage. 

Approved February 28, 1867. 



214 CEIMETERIES. 



In force March AN ACT to incorporate the German Pilgrim's Rest Cemetery Company. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly. That Fredrick 
Letz, Angiistus Baur, John Henry JVIuehlke, Louis Haas and 
H. Henry Deverman, their associates and successors, be 
and they are hereby created a body politic and corporate, 

Name and style, by the name and style of the German Pilgrim's Rest Ceme- 
try Company, and by that name shall have perpetual suc- 

Po\yers. ccssiou, and have power to contract and be contracted with, 

sue and be sued, plead and be impleaded in all courts of law 
or equity; may have a common seal and alter the same at 
pleasure, and have all the powers, rights and immunities 
incident to a corporation. 

Directors and § 2. The busiucss affairs of said corporation shall be 

officers. managed by a board of live directors, a president, secretary 

■ and such other officers, agents and servants as said board 
may by their by-laws create and iiold their office for the term, 
and be elected as by their by-laws may be provided. The 
persons named in the preceding section shall constitute the 
first board of directors. 

^weJancfbusi"- § ^- '^^^^ board of directors shall have power to receive 
!i(?ss. ' subscriptions for the purchase of property and the laying 

out and ornamenting grounds for cemetery purposes, and 
may issue certificates representing the interest of the sub- 
scribers in the property held by the corporation and in the 
proceeds of the sale of burial lots, and the individual inter- 
est represented by such certificates shall be assignable and 
transferable only in such way as the by-laws may provide. 
The directors may call in such subscriptions at such times and 
in such payments or installments as they shall deem proper, 
and may compel the payment of installments so called in by 
suit or forfeitures to the corporation of the interest of any sub- 
scriber refusing to pay such installments so called in, or by 
sale of such part or the whole of his interest as may be 
necessary to pay such installment. The corporation may 
receive through the directors, at their option, such real 
estate or personal property at an equitable valuation, in 
payment of subscriptions, as they may deem available for 
the purposes of the corporation. No subscriber shall be 
liable for the debts of the corporation in a greater amount 
than the interest owned by him. 

Possession of § 4-. Thc cor])oration may through the directors obtain, 

real estate. ^.^^ \\(AA real cstate by purchase, exchange or otherwise, 
for cemetery purposes, in the town of Lake View in Cook 
county, to an amount at no time exceeding eighty acres, 
provided, that said corporation locates and establishes such 
cemetery grounds, north of the present north line of the 
Graceland cemetery in said town of Lake View, county of 
Cook, Illinois, and if the corporation in order to obtain 



CEMETERIES. 215 

suitable cemetery grounds, finds it necessary to purchase 
any land which may notbe actually needed or fit for burial 
purposes, such land may at the discretion of the directors, 
be afterwards sold, exchanged or disposed of. 

§ 5. The directors shall have authority to lay out and Directors- -m- 
ornament for cemetery purposes the grounds acquired as dmieJ. '''"'^ 
aforesaid to make and have recorded in the recorder's office 
of said Cook county, a plat of such grounds and of any 
grounds the said corporation may from time to time acquire 
and the tiling of such plat or plats for record shall operate 
as a legal vacation of any former plats or subdivision of 
such grounds, and of any streets, roads or avenues passing 
through or between such grounds or parcels of grounds ; 
they may also erect npon such grounds, such buildings, 
tombs, inclosures or other structures, as they may deem 
advisable ; may arrange, sell and dispose of the burial lots 
on such terms and with such conditions for the permanent 
care and preservation of the cemetery and all its parts and 
ornaments, as they think proper and fitting. The right of 
property to anj burial lot shall be transferred to the pur- 
chaser by a certificate of purchase describing the lot by 
number or othei'wise, signed by the president and counter- 
signed by the secretary. 

§ 0. The directors may make and from time to time alter. By-iaws, etc. 
amend or repeal the same, all necessary by-laws, regulating 
the election of directors and defining their term of office, duties, 
powers, providing for the election of president and secretary 
and the election or appointment of any other officers or 
agents, and prescribing their term of office, duties and com- 
pensations, prescribing and governing the rights, duties, 
privileges, and restrictions of owners of lots and visitors to 
the cemetery, providing for the government of the corpora- 
tion and the general supervision and control of its property 
and may prohibit any use, inclosure or adornment of a 
lot which they may deem improper. The directors may 
require from the treasurer or any other officer or agent, a 
bond to the corporation in such sum as they may deem 
proper, conditioned for the faithful discharge of the duties 
of his office. All deeds and other writings made by the 
corporation shall be signed by the president, countersigned 
by the secretary and sealed with the corporate seal. 

§ 7. Lots sold for burial purposes shall not be afterwards subdivision of 
subdivided, except by permission of the directors, and shall '°'*- 
be exempt from taxation and from execution and attach- Exempt from 
ments, provided that no person shall hold at one time, more taxation. 
than four lots so exempt; and all real and personal estate 
of the corporation, held or intended for burial uses or pur- 
poses or for the general use of lot owners, provided in the 
case of real estate, that it shall have been platted as cemetery piats. 
grounds, and the plat recorded, shall be similarly exempt. 



216 CEMETEEIES. 

^ance"^^""^^^^' § ^- ^^^^ ^'^^^ ^J ^^^^ Corporation for burial purposes, 
shall be used for such purposes onlj, and shall not be sold 
or conveyed by the owner without the consent of the direc- 
tors. 

§ U. The corporation may take by grant, donation, 
devise or bequest, and hold any property, real or personal, 
upon trust to apply the same, or the proceeds thereof upon a 
sale thereof, or the income thereof through its dii-ectors in the 
improvement or embellishment of its cemetery, the erection, 
repair, preservation or renewal of tombs, monuments, 
grave stones, fences, buildings, the planting and cultivation 
of trees, shrubs, flowers and plants in and around the ceme- 
tery, or any lot or part thereof, or for improving the same in 
any other manner or form consistent with the general 
design of this act, according to the terms of such grant, 
donation, devise or bequest. 
Penalties lor in- § 10. If any pcrsou shall clandestincl}' opcu an}^ tomb 
and'°fesfmc- Or grave in said cemetery, and shall remove, or attempt to 
tion of proper- removc any body or remains therefrom, such person upon 
^' conviction thereof in any court of competent jurisdiction, 

shall be sentenced to undergo an imprisonment in the state 
prison at hard labor, for a term of not less than six months 
nor more than one year, or pay a fine of not less than one 
hundred nor more than five hundred dollars or both, in the 
discretion of the court having jnrisdiction thereof, and any 
person who shall willfully destroy, mutilate, deface, injure 
or remove any tomb, monnment, gravestone or other struc- 
ture placed within the inclosure of said cemetery company, 
or any fence, railing, or other work, erected for the protec- 
tion or ornament of said cemetery, or any tomb, monument 
or grave stone, or other structure, placed therein as afore- 
said, or shall willfully destroy, cut, break, injure or remove 
any tree, shrub, plant or any part thereof within the limits 
of said cemetery, or shall shoot or discharge any gun or 
other firearms, or any tire works [or] other missile capable of 
doing any injury to any structure or plant as aforesaid 
within the limits of said cemetery aforesaid, shall be deemed 
guilty of a misdemeanor, and shall upon conviction thereof, 
before any justice of the pence, be punished by a fine of 
not less than five dollars nor more than one hundred dollars, 
or upon conviction thereof before any other court of com- 
petent jurisdiction shall be punished by a fine as aforesaid, 
or by imprisonment for a term not exceeding one year, or 
both, at the discretion of the court having jurisdiction 
thereof, according to the nature and aggravation of the 
offense ; and such ofiender shall also be liable in an action of 
trespass to be brought against him in any couit of compe- 
tent jurisdiction in the name of said company, to pay all 
such'damages as shall have been occasioned by his unlawful 
act or acts, which money, when recovered shall be applied 
by the said corporation, through the directors, to the repara- 



CEMETERIES. 217 

tion and restoration of the property destroyed or injured 
as above ; and members of the said corporation shall be 
competent witnesses in such suits. And to enable the said 
corporation to enforce the provisions of this section, power 
and authority are hereby given to the supermtendent and 
gate keeper"^of the said corporation, for the time being, 
respectively, to arrest without process, any person or per- 
sons found'within said grounds or within eighty rods thereof, 
who to their knowledge may have committed any offense 
against the provisions of this section, and shall carry such 
offender or offenders before a justice of the peace for trial 
or examination. 

§ 11. JSIo roads or streets, or other thoroughfares shall 
be laid out through any property selected and held by said 
cemetery company for burial purposes, without consent of 
the directors of said company, nor shall any of the lands so 
selected and held be condemned for right of way by any 
other corporation for any purpose whatever: Provided^ that 
this section simil only apply to such lands as shall have been 
platted and recorded as hereinbefore provided for. 

§ 12. The directors shall of the proceeds of all lots, 
sold b}'- them for burial purposes, after January 1st, 187^, 
set apart ten per cent, as a reserved fund, which they shall 
invest in such securities (not personal or individual) as they 
may deem proper, and in like manner invest the income 
thereof until the amount so invested, shall reach the sum of 
ten thousand dollars, which shall remain a permanent fund, 
not to be diminished. The income whereof shall be from time 
to time used and applied by the directors in the improvement, 
adornment, preservation and maintenance of the grounds, 
walks, shrubbery inclosures, structures, monuments, me- 
morials, and all other things in and about said cemetery, 
properly appertaining to the same, so that the same may be 
properly and decently kept, adorned and preserved forever. 

§ 13. Said board of directors shall cause to be kept and Book of record 
preserved in a book or books, provided by them for that 
purpose, a full and complete record of all their meetings, pro- 
ceedings, orders, purchases and sales of property with the 
names of parties thereto, also a complete register of the' Register of in- 
burials in said cemetery with the names and ages of the dead, ^®""®"*^' ®'^- 
which book of record, as well as all other books kept by 
the board of directors or their secretary, shall at all times be 
open for the inspection of the members of said association, 

§ 14. In laying out said cemetery gronnds, the directors indices. 
shall cause the corners of the principal subdivisions to be 
indicated by stone posts to be fixed permanently in the 
ground as starting points for future measurements and 
surveys, and such posts shall be plainly indicated on the 
plat or plats provided for in section five. The plat or plats 
when completed shall be certified by the surveyor who 
made the same and acknowledged by the president or sec- 
Vol. 1—15 



218 CEMETERIES. 

retary of said corporation, before any officer authorised by 
law to take the acl<:nowledgment of deeds, and a certiticate 
of such acknowledgment shall be appended to such plat, 
before the same shall be entitled to be recorded. 

§ 15. This act shall take ettect from and after its 
passage. 

Appeoved March 1, 1867. 



In force Feb'y 
28, 1867. 



AN ACT' to incorporate the West Aurora Cemetery Company, 



Section 1. Be it enaeted hy the People of the State of 
Illinois, represented in the General Assejnhly, That Lester 
Corporators. w_ Gray, David B. Waterman, Wm. McMicken, Joseph G. 
Stalp, William Y. Plum, Daniel Yalentine, liobert lianna, 
Charles L. Hoyt, Theodore Lake, Clark Wilder, Wm. A. 
Tanner, Benjamin F. Fridley, liupell C. Mix, David W. 
Hurd, L. A. Winslow, and such others as may become sub- 
scribers, as hereinafter provided, and who shall have paid 
in twenty-live per cent, of subscriptions, and owners of lots, 
in said cemetery, be and they are hereby created a body 
politic and corporate, in fact and in name, by the style and 
style and title, title of " The Wcst Aurora Cemetery Company ;" and by 
that name shall have perpetual succession, and be capable 
of suing and being sued, contracting and being contracted 
with, of pleading and being impleaded in any court of law 
Powers. or equity in the state of Illinois ; and they and their suc- 

cessors may have a common seal, and make and alter the 
same at pleasure, and do such other things as are incidental 
to a corporation and not inconsistent with the constitution- 
Proviso, of the state of Illinois : Provided, the owners of lots or any 
part or parts of a lot, as such lot owner, shall not have the 
right to vote in any election of officers until all of the in- 
debtedness of the said company shall have been fully paid ; 
and when the whole indebtedness shall have been paid, then 
the owners of a lot or lots in said cemetery shall become sole 
corporators, and such corporators shall be entitled to one 
vote in the election of officers of said corporation, and no 
more. 
Officers. § 2. The officers of said corporation shall be a president 
and five directors, a secretary, and treasurer, which said 
officers shall be chosen every three years, by ballot, and 
shall hold their respective offices for [the] said term of three 
years and until their successors shall have been chosen and 
qualified. Said president and directors shall constitute a 
board of directors of the West Aurora Cemetery Company. 
In case a vacancy in any of said offices shall be occasioned 
by the death, resignation or removal from the town of 



Vacancy. 



CEMETERIES. 219 

Aurora, or otherwise, of the incumbent, before the three 
years shall have expired for which he shall have been 
chosen, then such vacant office may be tilled by appointment 
by the board of directors : Provided^ no person shall be Proviso, 
qualitied to hold any of said offices who shall not reside in 
said town of Aurora, and who shall not be a corporator and 
entitled to vote. A majority of the board of directors shall 
constitute a quorum to do business. 

§ 3. The first election of said officers shall be held at Time and place 
such convenient time and place, within one year after the eLeiion?^ *^'^' 
passage hereof, by the above persons, whose names are men- 
tioned in the first section of this act, on due notice thereof 
having been given, in writing, to each of them, by two of 
their number. The treasurer shall give bond to the corpo- Treasurer's 
ration in such penal sum and conditioned in such terms and '^°°''' 
with such security as the board of directors shall direct. 

§ 4. The said board of directors shall have power to re- Powers of board 
ceive subscriptions for the purchase of property and the ^^ <^'i'ectors. 
laying out and ornamenting of grounds for cemetery pur- 
poses, as contemplated in this act, and may issue certificates 
or other evidences representing the amount of money paid 
in by the subscribers, payable within ten years after their 
dates, with interest at ten per cent, per annum, payable an- 
nually ; and said board of directors shall have authority to 
call in and demand from the subscribers respectively such 
portions of the sums of money by them subscribed at such 
times as they may deem proper, and compel the payment 
thereof by proper suits at law or in equity. 

§ 5, Said board of directors, and their successors in office. Possession of 
shall have power and authority, in the name of said com- 
pany, to obtain possession of real estate and title thereto, by Titles. 
purchase, exchange or otherwise, for cemetery purposes, in 
the township or city of Aurora, Kane county, Illinois ; to 
hold the same to an amount at no time exceeding one hun- 
dred acres of land, and to sell, exchange or dispose of any 
part or parcels of land that said board may be compelled to 
purchase in order to obtain such grounds, as may not be 
actually needed for burial purposes. 

§6. Said board of directors, and their successors shall have cemetery 
authority to lay out and ornament, for cemetery purposes, srounds. 
such grounds as they may acquire, as aforesaid ; to make and 
have recorded in the recorder's office of Kane county a plat piats of. 
of such grounds and of such additions thereunto as they may ' 

make at any time ; and the filing of such plat for record shall 
operate as a legal vacation of any former plat or subdivision 
of the same, and of any roads, streets or alleys passing 
through the same ; also, to erect such buildings, tombs, in- Buildings, 
closures or other structures as they may deem advisable ; to *°™^'*' *'°- 
arrange and dispose of burial lots on such terms and with 
such conditions for the permanent care and preservation of 
the cemetery, or any part thereof, as they may agree with 



Officers and 
asients. 



220 CEMETERIES. 

such purchasers ; to appoint such additional officers and 
agents to those herein indicated as thej may deem necessary 
for the management of the concerns of the corporation ; to 
make such by-laws and regulations relative to the election 
of officers and agents of said corporation and of their re- 
Ruiee,etc. spcctivc dutics and compensations, and to make such rules 
and regulations from time to time for the government o± lot 
holders and visitors to the cemetery as they may deem 
necessary. 
Lots for burial § 7. All lots sold fop burial purposes by said cemetery 
purposes. company, when conveyed by the corporation to individual 
proprietors, shall be indivisible, but may be held and owned 
Indivisible. in undivided shares, and shall be free from taxation, execu- 
tion and attachment : Provided, that no one person shall 
Number held by hold at any onc time more than four lots so exempted ; and 
individuals. ^|j estate, real or personal, held by the company, actually 
used by the corporation for burial purposes or fur the gen- 
eral uses of lot holders or subservient to burial uses, (and 
which real estate shall have been platted and recorded as 
cemetery grounds,) shall be likewise exempt as above. 
Lots held for § 8. Every lot sold by the cemetery company for burial 
sepulture only, p^ij-poses shall be held by the proprietors for the pui-pose of 
Transfers. scpulturc Only, and shall be transferable only by the con- 
sent of the board of directors ; and no lot holder shall per- 
mit interments in or upon any lot held by him for a con- 
sideration. 
Donations and § 9. The Said Corporation may take and hold any grant, 
bequests. donation or bequest of property, real or personal, upon 
trust, to apply the same or the income thereof, under the 
direction of the board of directors, for the improvement or 
embellishment of said cemetery, or for the erection, repair, 
preservation or renewal of any tomb, monument or grave- 
stone, fence, railing or other erection, or for the planting 
and cultivation of trees, shrubs, flowers or plants, in or 
around any cemetery lot, or for improving the said premises, 
in any other manner or form consistent with the design and 
purposes of this act, according to the terras of such grant, 
donation or bequest, 

§ 10, No streets or roads or other thoroughfares shall be 

laid out through any property selected and held by said 

cemetery company for burial purposes without the consent 

of the board of directors ; nor shall any of the land so se- 

Right of way. lectcd and held be condemned for right of way by any other 

corporation, for any purposes whatever : Provided, that this 

section shall only apply to such lands as shall have been 

platted and recorded, as provided in section six (6) of this 

act. 

Penalty for in- § H- ^"7 persoH who shall willfuUy destroy, mutilate, 

trucWon"'^or°^" dcfacc, injure or remove any tomb, monument, gravestone 

property, or othcr structurc, placed Avithin the iuclosure of said ceme- 

ftrounds, etc. ^^^^ company, or any fence, railing or other work erected 



streets and 
roads. 



CEMETERIES. 221 

for the protection or ornament of said cemetery, or any 
tomb, monument, i^ravestone or other structure placed 
therein as aforesaid, or shall willfully destroy, cut, break, in- 
jure or remove any tree, slirub, plant, or any part thereof, 
within the limits of said cemetery, or shall shoot or dis- 
charo^e any gnn or other firearms, or any fireworks, or any 
missile capable of doing any injury to any structure or , 
plant as aforesaid, within the limits of said cemetery, 
aforesaid, shall be deemed guilty of a misdemeanor, and 
shall, upon conviction thereof before any justice of the 
peace, be punished by a fine of not less than five nor more 
than one hundred dollars; or, npon conviction thereof before 
any other court of competent jurisdiction, shall be punished 
by a fine as aforesaid, or by imprisonment for a term not 
exceeding one year, or both, at the discretion of the conrt 
having jurisdiction thereof, according to the nature and ag- 
gravation of the offense ; and such ofii'ender shall also be 
liable in an action of trespass, to be brought against him in 
any court of competent jurisdiction, in the name of said 
company, to pay all such damages as shall have been occa- 
sioned by his nnlawful act or acts ; wdiich money, when re- 
covered, shall be applied by said corporation, under the 
direction of the board of directors thereof, to the reparation 
and restoration of the property destroyed or injured, as 
above ; and members of the said corporation shall be com- 
petent witnesses in such suits. And to enable the said cor- 
poration to enforce the provisions of this section, power and 
authority are hereby given to the superintendent and gate 
keeper of said corporation, to enforce the provisions of this 
section. Power and authority are hereby given to the 
superintendent and gate keeper of said corporation, for the 
time being, respectively, to arrest, without process, any per- 
son or persons who, to their knowledge, may have commit- 
ted any offense against the provisions of this section, and 
shall carry such offender or offenders before a justice of the 
peace, for trial or examination : Provided^ this section shall 
extend to all persons under the age of ten years as well as 
above. 

§ 12. That the proceeds of the sale of lots shall be applied ^jj^'P°|;'^f J^ 
to the payment of the debts of the corporation, to laying out, sales of lots, 
improving, ornamenting the burial grounds of said corpora- 
tion, and to the payment of such other indebtedness, liabili- 
ties or charges as shall be incurred by the corporation in 
carrying out the purposes of this act, and to no other what- 
ever : Frovided, that the board of directors shall have Proviso, 
power and it is hereby made their duty to invest any sur- 
plus funds, after the payment of the indebtedness of the 
corporation, until they shall negd them for the purposes 
aforesaid, in such bonds of the United States, of this state, 
or of the city of Aurora, as they shall deem most to the bene- 
fit, *;ad vantage and security of the funds so invested to this 
company, so that the interest of such investment may go to 



222 CEMETEKIE8. 

increase tlie cemetery fund, which shall always be kept and 
applied to the purposes of this act, as aforesaid, and no other. 

§ 13. This act shall be taken and read in all courts as a 
public act, and shall take effect from and after its passage. 

Approved February 28, 1867. 



In force March AN ACT to incorporate the Slielbyville Cemetery Association. 

5, 1867. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Asse7nhly, That Charles 

Corporators. C. Scovil, Authouy Thomton, Chatten Kelley, Dudley C. 
Smith, and Thomas "W. Harris, and all such persons as shall 
hereafter become or be owners of stock, or proprietors in 
the association hereby created, are hereby created a body 

Name and style, politic and corporate, by the name and style of "The Shel- 
by ville Cemetery Association," for the purpose of establish- 

Purpose. ing and maintaining a cemetery for the burial of the dead, 

at or near the city of Shelbyville, in Shelby county, in this 
state; and by that name shall have perpetual succession, and 

Powers. be capable of suing and being sued, plead and be impleaded, 

in law and equity ; of contracting and being contracted with, 
and may make and use a common seal, and alter the same 
at pleasure ; and may acquire, hold and sell real and per- 
sonal estate for the purposes of this act, and may do, gen- 
erally, all such things as are incident to a corporation or 
necessary to give full effect to this act, and may make by- 
laws, rules and regulations, consistent with this act, for the 
government and well ordering of said association and its 
officers, property and affairs. 

Managers. | 2. All the Corporate powers of said association shall 

be vested in and exercised by a board of managers consist- 
ing of five persons, members of said association. The said 
Charles C. Scovil, Anthony Thornton, Chatten Kelley, 
Dudley C. Smith and Thomas W. Harris, are hereby con- 
stituted the first board of managers. Every board of man- 
Term of office, agers shall hold office for two years, and until tbeir successors 
are appointed. An election for managers shall be held at 

Election of the City of Shelby villc, on the first Monday in May, one 
thousand eight hundred and sixty-eight, and thereafter 

Mannerof hold- bieuniallj ou the first Monday of May. Each stockholder 
'"^' shall, at such elections, have one vote ; the voting shall be 

by ballot, and either in person or by proxy authorized in 
writing; the board for the time being, or a majority thereof, 
appointing such person for judge and such person for clerk 
of election as they shall choose. A majority of votes cast 
shall decide the election; and a certificate, in that bebalf, 
under the hand of the judge and clerk, shall be sufficient 
evidence in all places, of such election and its result. Va- 
cancies in the board during any term, may be filled by a 



CEMETERIES. 223 

majority of remaining managers. And if at any time, no 
election shall be held on the day, respectively hereinbefore 
speciiied, the election may, notwithstanding, beheld at such 
time as may be provided for in tliat behalf by the by-laws. 

§ 3. Provided always^ and it is hereby enacted, that Proviso, 
whenever the number of the members of the association 
shall not exceed five, then and from thenceforth and until 
the number shall again exceed five, and until managers be 
elected at an ordinary election, or a special one to be called 
in that behalf, the corporate powers of said association shall 
vest in and be exercised by the remaining members of said 
association or their legal guardians, during minority, as 
managers : Provided, also, that if at any time there shall be second provis . 
no member who can legally act as manager, the corporation 
shall not thereby be dissolved, but the circuit court of Shelby 
county may, on application, appoint a manager or managers 
for the time being. Legal guardians shall be entitled to 
exercise all rights and privileges under this act for minor 
members and may hold oflice during the minority, Provided, Third proTiso. 
also, that when all burial lots of the cemetery of the asso- 
ciation shall be sold or disposed of by said association then 
immediately upon the happening of that event, and from 
thenceforth, the holders of said lots shall become, be and 
constitute the corporation aforesaid, with all the same rights, 
powers, duties and privileges under this act, as far as may 
be, and so far as the same shall remain unexpended as were 
vested in the original members. 

§ 4. The board of managers shall choose a president officers and em- 
out of their own number, and may appoint such other offi- P^°y®^^- 
cers and employees as they may deem necessary, all of whom 
except the president shall be removable at pleasure, and the 
board may prescribe and vary, from time to time, the duties 
of its several ofiicers and their compensation and fees ; and 
if a treasurer be appointed he shall enter into, procure and 
give to the association such bonds or other securities relative 
to his duties as the board may require and approve. 

§ 5. The board of managers shall have power to receive Duties and pow- 
subscriptions for the purchase of property and the laying mlnage^s!^'^ ""^ 
out and ornamenting of grounds for cemetery purposes under 
this act; and may issue certificates representing interests of 
subscribers in the property held by the association, and in 
the proceeds of the sales of burial lots ; and the individual 
interests represented by such certificates shall be assignable, 
and transferable only in such way as the managers for the 
time being may from time to time direct ; and such indi- 
vidual interests are hereby declared to be personal estate ; 
and the managers shall have authority to call in and demand 
from the subscribers the sums respectively subscribed by 
them, at such times and in such installmenis as they may 
deem proper, and either to comj)el the payment of such 
installments or to declare all the estate and interest of the 



224: CEMETERIES. 

defaulting subscribers, respectively, and all previous pay- 
ments tbereon, if any, forfeited to the association. And it 
shall be lawful for the managers to receive, at their option, 
such real or personal property, at an equitable valuation, in 
payment of subscriptions, as they may deem available for 
the purposes of the association, and no subscriber shall be 
liable for the debts of the company in a greater amount than 
the interest actually owned by him at the time. 

Possession of § 6. The association are hereby empowered to acquire, 
reaUstate. -^^ purchase, exchaugc or otherwise real estate for cemetery 
purposes, in or near the city ot fe-helbyville, aforesaid ; and 
shall have power to sell or otherwise dispose of such part of 
real estate they may be compelled to purchase in order to 
obtain their cemetery grounds ; and power is hereby further 
given to said association, from time to time, to acquire by 
any of the means aforesaid, and add to their cemetery any 
lands adjoining thereto, but said cemetery and additions 
shall not comprise more than one hundred acres. 

Subscription of § 7. The city couucil of the city of Shelbyville is hereby 
vilre,"^ ^^'''^'^" authorized to subscribe and pay to said company the sum of 
two thousand dollars to aid in carrying out the purposes and 
intent of this act. 

Requirements § 8. The association are hereby required to inclose and 
of'Lsoc^uon" ^^ ^^^ times keep inclosed their cemetery grounds, with a 
" good and sufficient fence, and they are hereby authori'^ed 
and empowered to ornament their said grounds as they shall 
think proper, and to erect thereon such buildings, inclosures 
or structures as they may deem advisable, and to lay out 
said grounds into burial lots of one or more size, and into 
ways and alleys (setting apart a sufficient portion for the 
free burial of the poor and the stranger), and to cause their 
said grounds to be surveyed and platted, and that plat, hav- 
ing been attested by the surveyor and acknowledged by the 
president before any officer having authority to receive 
acknowledgments of deeds, may be recorded in the record- 
er's office of Shelby county ; and such recording shall have 
the same virtue and effect, as far as may be, as the record- 
ing of town plats, and shall operate as a legal vacation of 
all former roads, streets or alleys passing through the same; 
and, except as is provided for by this act, no road, street, 
alley or right of way, whether public or private, shall be 
laid out or condemned through said grounds. 

saio of burial § 9. The associatiou shall have power to sell and dispose 

^'*^' of the burial lots in fee simple, on such terms and with such 

conditions, if any, for the permanent care and preservation 
of the same or of the cemetery or any part thereof, as they 
may agree upon with purchasers ; and to make such regu- 
lations, from time to time, for the government of lot hold- 
ers and visitors to the cemeter}', as they may deem necessary. 

Exempt from § 10. All burial lots sold to individuals shall be indi- 

taxation. visible, but may be held in undivided shares, and shall, to 



CEMETERIES. 225 

the number of four to each individual, be free from taxa- 
tion and from execution and attachment; and the cemetery- 
grounds, together with the personal property of the corpo- 
ration actually used or held by the corporation tor burial 
purposes or subservient thereto, or for the general uses of the 
lot holders, shall likewise be exempt, as above. 

^11. A certificate of purchase, signed by the president EvMence of 
and attested by the secretary, and under the corjtoration 
seal, shall be a sufficient conveyance to, and evidence of 
title in any purchaser without more; and no purchaser shall 
transfer his estate or interest, without the consent of the ''j""sf " °^ '°' 
managers. Burial lots shall be held for the purpose of 
sepulture only, and no lot holder shall permit interment in 
or upon any lot held by him for compensati<3n. 

§ 12. The association shall keep records of all their pur- Record.?. . 
clmses, sales, orders, elections, proceedings and transact! ms, 
which shall be open at all reasonable times to the inspection 
of the members. 

§ 13. The said corporation may take and hold any g-rant, cona^ons, 

T ^- 1 • 1 i. /.• i. 1 ^ !^ ' grants, etc. 

donution, devise or bequest of property real or personal, 
upon trust, to apply the same, or the income thereof, under 
the direction of the board of managers, for the improvement . 
or embellishment of the cemetery or for the erection, repair, 
preservation or renewal of any tomb, monument or grave- 
stone, fence, railing or other erection, or for the planting 
and cultivation of trees, shrubs, flowers or plants in or 
around any cemetery lot of said cemetery, or for improving 
said cemetery in any other manner consistent with the de- 
sign and purposes of this act, according to the terms of such 
grant, donation, devise or bequest. 

§ 14. It is further enacted^ that the board of managers '^'''^®^- 
shall have power, in case they deem it proper to do so, to 
levy upon each lot sold in said cemetery, an annual tax not 
exceeding the sum of two dollars per lot, for the purpose of 
paying the expenses of keeping the cemeterj grounds in 
good order and of keeping up the fences ; and shall fur- 
ther have power and control over the improvements and 
shrubbery of each lot sold, so as to prevent the streets and 
alleys of said cemetery from being obstructed by trees or 
shrubbery. 

§ 15. It is further enacted^ that no person shall be °ombg°ones® 
allowed to place, erect or construct upon any cemetery lot, etc. 
any objectionable, indecent or obscene tombstone, vault, 
grave jewel, monument, engraving or device. The board 
of managers shall have the power to treat the same as a 
nuisance, and cause the same to be removed from the Nuisances, 
grounds of said association; and, if done by or with the 
consent of the owner of the lot, then, on repetition of the 
same or a like offense, the board may declare such lot for- 
feited to the association, which shall thereupon re-possess 
the same as of their former estate. 



226 CEMETERIES. 

§ 16. This act shall be a public act, and shall take effect 
from and after its passage. 
Approved March 5, 1867. 



L 



In force May AN ACT to authorize Isaac N. Morris to lay out a part of the southwest 

5, 1867. quarter of section eleven, township two south, range nine west, as a 

burying ground, and to convey the same, or any part thereof, to the 

mayor and aldermen of the city of Quincy, on terms to be mutually 

agreed upon between the parties. 

Section 1. Be it enacted by the Peoj^le of the State of 
• Illinois, rep7'esented ill the General Assembly, That Isaac JM. 

Described lands Morris be and he hereby is authorized to survey, when in 
to be surveyed, j^-^ jjj(]gjj^jg^t )^^q public necessity may require it, lay out 
and appropriate for a burying ground a part of the south- 
west quarter of section eleven, in township two south, and 
in range nine west of the fourth principal meridian, in 
Adams county, and attach the same to Woodland Cemetery, 
in the city of Quincy, in said Adams county, on terms to 

Terms. be mutually agreed upon between him, his heirs or assigns, 

and John Wood, his heirs or assigns ; and as an addition 
thereto, or to keep the same as an independent burying 

Name. ground, to be called the " Bluff Cemetery," so that the said 

burying ground shall not exceed forty acres, or by his heirs 
or assigns, as the case may be. 

Plat to be ack- § 2. That the plat of said addition or burying ground, 
?e°cord!fd.'^ ^^ as the case may be, shall be acknowledged by the said Isaac 
N. Morris, and recorded in the recorder's office of Adams 
county. 

^■rom taxation. § ^' "^"^^^^ ^^'*^"^ ^"^^ ^^^1" ^^^^ rccordiug of Said plat, and 
the sale of lots therein, the premises included in said Bluff' 
Cemetery, shall be exempt from all taxes, and that from and 
after the time aforesaid, the premises shall be annexed to 
and form a part of the said city of Quincy. 

Conveyance of. § 4. That the Said Issac N. Morris, his heirs or assigns, 
be, and he or they are hereby authorized to convey to the 
city of Quincy, the premises included in said cemetery, or 
any part thereof, to be held by the said city for the purpose 

Purpose. <^f a, burying ground, forever, on such terms and conditions 

as may be agreed on between the said leaac N. Morris, his 
heirs or assigns, and the mayor and aldermen of said city ; 
and the said city is hereby authorized to accept and receive 
the title of said premises, to be held only for the purpose 
and on the trust aforesaid, and to sell and convey any lot or 
lots therein to any purchaser or purchasers thereof. 

Grounds to bo § 5. The mayor and aldermen of the said city of Quincy 

ri«d purpose's?" are hereby authorized and empowered to lay out for bury- 



CEMETERIES. 227 

Baicl Woodland Cemetery and the ground owned by said 
Isaac ]Sr. Morris, in said section eleven, two south, nine 
'west, and sell and convey lots therein by the mayor of said sak; and con- 
city, or to sell a part or all of said ground to any other per- 
son or persons, for such purposes and none other: Provided^ Proviso, 
said sale shall be at public auction, and two-thirds of the 
board of aldermen may agree to use said grounds as a 
cemetery. 

§ 6. Should there be any mistake in the particular de- Mistake in de- 
scription of the land to be laid out by the said Isaac N. ^'=^'p*'°"' e*<=- 
Morris, this act shall be construed and considered as apply- 
ing to the land or ground owned by said Morris in said 
section eleven, two south, of range nine west, in Adams 
county. 

Approved March 5, 1867. 



AN ACT to amend an act entitled "An act to incorporate Oak Woods In force Marc 
Cemetery Association," approved February 12, 1853. 7, 1S67. 

Section 1. Be it enacted lij the People of the State of 
Illinois^ represented in the General Assembly^ That any per- Penalties for in- 
sou who shall willfully destroy, mutilate, deface, injure, cut, j^yy °f P'op^r- 
break, loosen, tear up or remove any tomb, monument, stone, 
vault, ornament, fence, tree, shrub, flower, plant, railing or 
building or object, whatever, in or about the said cemeterj, 
or in any avenue, lot or part thereof, or shall fish, hunt or 
shoot or discharge any gun, pistol or fire-arms, or fire-works, 
or other missiles within the limits of said cemetery, or shall 
cause any shot or missile to be discharged into or over any 
portion of said [cemetery,] or shall violate any of the rules 
made and established by the board of directors as herein- 
after provided, shall be deemed guilty of a misdemeanor, 
and shall, upon conviction thereof before any justice of the 
peace in Cook county, be punished by a fine of not less 
than five dollars, nor more than one hundred dollars, or by 
such fine and imprisonment in the county jail for not less 
than one nor more than thirty days, and shall stand com- 
mitted until such fines are paid. One-half of such fines 
shall go to the cemetery company and the other half in the 
manner provided by law for the disposition of fines. ISToth- 
ing herein contained shall deprive the said association from 
maintaining an action of trespass tor the recovery of dama- 
ges occasioned by any injury resulting from a violation of 
the provisions of this act, or of the rules established by the 
board of directors, which said damages when recovered, 
shall be applied in repairing the injuries so made. 



228 CEMETERIES. 

Rules and rogii- § 2. The salcl boai'd of directors are hereby authorized 
* '°"^' to make rules regarding the driving of buggies, carriages, 

processions, vehicles and teams and the speed thereof, the- 
nse of the avenues, lots, walks, ponds, lakes, water courses, 
vaults, buildings or other places, or for the maintenance of 
good order, quiet and sobriety in the said cemetery, or in 
the streets adjoining the same, or about the gates thereof, 
and all persons found guilty of a violation of such rules 
shall be punished in the manner provided in the toregoing 
section, and the said directors shall cause to be posted 
copies of said rules at each gate, and in two or more public 
places in the said cemetery. No justice of the peace shall 
be disqualified from hearing any cause that mav be brought 
before him under the provisions of this act, nor shall any 
person be disqualified from testifying in such cause or acting 
as a juror therein by reason of any interest they or either 
of them shall have in the stock or lots of said association. 

P?i^ce^en, du- g 3. Xhe directors are hereby authorized to appoint one 
or more policemen, wdio shall be authorized to arrest on 
any day of the week, without process, any person suspected 
of a violation of the provisions of the second section of this 
act, or of the rules established by the directors as herein- 
before provided, and carry such ofiender before any justice 
of the peace in Cook county, who shall thereupon proceed 
to hear and determine the case, and in case of guilt, impose 
such fine and penalty as the nature of the case requires 
pursuant to the provisions herein contained. Any such 
policeman shall have the right to call to his assistance any 
and all persons whose assistance may be needed in the 
exercise of his authority. 

Capital stock. g 4. The capital stock of said company shall be one 
hundred thousand dollars, to be divided into shares of one 
hundred dollars each, and deemed personal property, and 
transferable as such on the books of the association, in such 
manner and subject to such rules and regulations as the 

"^hofde^/s ^^^'^^" directors shall determine. Each share of stock shall entitle 
tlie holder thereof to one vote at the election of directors, or 
to increase the capital stock, or determination of such other 
questions as shall be submitted to them by the directors. 
Nothing herein shall be construed as invalidating the cer- 
tificates of stock already issued or interest in said associa- 
tion, or any of the acts of the directors or officers of said 

Organization, associatioii, and the said corporation is deemed fully organ- 
ized for all the pur|:oses contained in this act. or the act to 
wliicli this is an amendment. The directors and officers of 

Elections. gj^j(^| associatiou shall elect by the stockholders, at their 
annual meeting, and shall hold their offices respectively for 
one year, and until their successors are chosen and qualified, 

Vacancies. q^^^ j-j^q directors may fill vacancies in tlieir number. The 
said association may, at any annual meeting or special 
meeting called for tliat purpose, increase the capital stock 



CEMETERIES. 229 

from time to time, to any amount tliej may deem necessary increase of the 
for the interest and growth of said cemetery. Section live '^''^p''-^''''"'^'^^- 
(5) of the act to which this is an amendment, is hereby 
repealed. 

§ 5. The said board of directors shall have the power improvement, 
to make such improvements in the said cemetery or the 
streets adjoining the same as they shall deem proper, and 
may regulate and control the manner in which trees and 
shrubs shall be planted, or the erection of tombs, monu- 
ments, vaults, stones and raihngs, or other improvements, 
or ornaments, in and about any lot that may belong to, or 
be occupied by, any person in said cemetery. The said 
directors shall make a report of their proceedings at each 
annual meeting of the stockholders. 

§ 6. The said association may purchase and own lands Purchase and 
for their said cemetery not exceeding in all five hundred °"^° '^" ^' 
acres, and may sub-divide the same into lots, and no road, 
street, alley or thoroughfare, shall be laid out or opened 
through their said grj3unds, or any part thereof, without 
the consent of the directors, nor shall any corporation now 
existing, or hereafter created, be authorized to take, hold or 
possess any portion of said cemetery by condemnation with- 
out such consent. The said directors shall have power to 
donate for charitable purposes one or more lots in said Donations for. 
cemetery. 

§ 7. So much of the act to which this is an amendment 
as is inconsistent herewith, is hereby repealed, and this act 
shall be a public act, and be in force from and after its 
passage. 



AX ACT to incorporate the Evergreen Cemetery. lu force March 

9, 1867. 

Section 1. Be it eimcUd hy the People of the State oj corporators 
Illinois^ repreiented in the General Assembly, That Amzi 
Andrews, J. Perry Johnson, John George Middendorfi", 
Davis Smith and Gabriel S, Jones, and their associates and 
successors, be and they are hereby constituted a body cor- 
porate and politic, by the name and style of "The Ever- Name and style, 
green Cemetery of Chester ;" and by that name shall have . 
perpetual succession, and shall have all the powers, rights 
and privileges, liabilities and immunities incident to a cor- 
porate body. 

§ 2. Said association shall have power to own real estate May own real 
not exceeding twenty-five acres, and personal property not ^^^''**" 
exceeding at one time one thousand dollars, which shall be 
exempt from taxation and from attachment and execution. 



lots. 
Sale of. 



230 CEMETERIES. 

Object. § 3. The object of this association shall be exclusively 

to lay out and inclose and ornament a plat of ground to be 
used as a burial place for the dead. 
Laying out of § 4. Said association shall have power to lay out the 
burial place into lots of suitable size, and sell the same, 
purchasers of which shall use the same as herein contem- 
plated, and for no other purpose. 
Appropriation § 5. The pi'oceeds of such sales and other funds which 
of funds, etc. ^^.^^^ coiiie Into the possession of the association, shall be 
appropriated and used in inclosing the grounds and impro- 
ving and ornamenting the same, or in other objects connec- 
ted with the association. 
Trustees. § 6. The persous named in the first section of this act, 

Term of. shall act as trustees of the association for one year from the 

first day of March, a. d. 1867, and until their successors 
are elected and qualified, they shall organize by appointing 
President. ouc of their number president, and by appointing a treasu- 
rer, a secretary and a superintendent. 
Membership. § 7. Every person holding one or more lots shall be a 

member of this association, and sUall be entitled to one 
vote only ; absent members shall have power to vote by 
proxy. 
Annual election § 8. The owuers of lots shall annually, on the first Sat- 
of trustees. -Qj-^ay in March, elect five trustees of the association, who 
shall serve for one year, and until their successors are elec- 
ted and qualified ; any neglect to elect trustees on said day 
shall notact as a forfeiture of this act of incorporation. 
By-laws and § 9. Tlic trustecs may make all necessaiy by-laws and 

regulations, regulations for laying out, ornamenting and keeping in 
repair said cemetery, and for preserving other property of 
the association ; they shall appoint such ofiicers, agents or 
servants as may be necessary, define their duties and affix 
their compensation. 
Bights of pro- § 10- The right of property to any lot or lots which 
perty- may be purchased, shall be vested by certificate of stock, 

signed by the secretary and recorded in a book kept for that 
purpose by the secretary, and every transfer of such lots 
shall be made by surrendering such certificate to the secre- 
tary, who shall destroy it and issue a new one and make an 
entry thereof. 
„stei. of in- § 11- I'^ &h&\\. be the duty of said association to keep a 
terments. register in a well bound book, of all interments made in 
said cemetery, with all the particulars connected therewith, 
such as name of deceased, date of interment, age, place of 
nativity, etc., so far as can be ascertained, which books 
shall be open and free for the inspection of any one inter- 
ested therewith. This act to take effect and be in force from 
and after its passage. 
Approved March 9, 1867. 



CEMETEKIES. 231 



AN ACT to amend an act entitled "An act to incorporate the Canton ^i^ force Feb. 
Cemetery Company," approved February 1, 1851. ^^' ^^^'^' 

Section 1. Be it enacted hy the People of the State of 
lUinois, reirresented in the General Assembly, That section 
two (2) ot an act entitled " An act to incorporate the Can- ^1^^""°^ l^Ylh 
ton Cemetery Company, approved February 1st, 1851," be i, issi^mend- 
and the same is hereby amended so as to read as follows : ^^' 
" Said company shall have power to hold the land above 
described, to own or possess by purchase or gift, real estate, 
not exceeding one hundred acres, and personal property 
not exceeding two thousand dollars for the use and purposes 
of said cemetery, which shall be exempt from taxation, 
execution or appropriation for public uses. 

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

Appkoved February 25, 1867. 



AN ACT to incorporate the Golconda Cemetery Association. In force Febru- 

ary 25, 1867. 

Section 1. Be it enaeted hy the Feople of the State of 
Illinois, represented in the General Assembly, That John 
Gilbert, John Toole, Theodore Steger, William S. Yinyard Name and style. 
and John M. Raum, and their successors be and they are 
hereby constituted a body corporate and politic, by the 
name and style of " The Golconda Cemetery Association;" 
and by that name to have perpetual succession, and shall 
have and possess, and be invested with all the powers, 
rights, privileges and immunities incident to a corporate 
body. 

§ 2. The capital stock of said company shall consist of c^p'^-'^^ ^^''''^• 
five thousand dollars, to be divided into shares of five hun- 
dred dollars each, which stock may be paid in real estate ; 
and upon the subscription of five shares, said company 
may organize and proceed to business. 

§ 3. The quantity of land to be received for stock sub- Quantity and 
scription, or held by said company, shall be limited to for^'stofksSb- 
twenty acres, and iii the receipts of real estate as stock a scription. 
majority oi said board shall fix the value of said real estate 
so taken as stock. 

§ 4. All real estate, whether purchased or subscribed as ^°e"JYg"ate^ °^ 
stock, shall be conveyed to said company for the purposes 
hereinafter named. 

§ 5. The object of said association shall be exclusively ^pilrposes^"'^ 
and solely to lay out and inclose and ornament a plat or 
piece of ground, not to exceed twenty acres, as aforesaid, to 



232 



CHANGE OF NAMES. 



Burial grounds. 



Evidence of ti- 
tle. 



Vacation of of- 
fice of corpo- 
rators. 



Certificates of 

purcliiise as- 
signable, etc. 



Disposition of 
fundsi 



be used as a burial place, to which, if thought best, maj be 
added a floral garden, by said association ; and said piece 
of ground, so held and platted, shall forever be exempt 
from taxation and execution. 

§ 6. The otiicers of said association shall be a president 
and secretary. Said secretary shall also act as treasurer, 
who, with one other of said association, may pass necessary 
by-laws, or do any other business ; said officers of president 
and secretary to be chosen on the first Monday of May, in 
each year and hold their offices until their successors are 
chosen, and a failure to elect on said day shall not operate 
as a forfeiture of this charter. Any vacanc}^ that may 
happen at atiy time, in said offices of president or secreta- 
ry, such vacancy may be tilled by a majority of said corpo- 
rate members, or their successors. 

§ 7. Said association shall have power to sell and con- 
vey any portion of their land or lots in said burial ground, 
for the purpose of a burial place. The evidence of title to 
the purchaser shall be a certificate signed by the secretary 
of said association, as such. 

§ 8. Upon the death, resignation or removal of any or 
either of the above corporate members, a majority of the 
remaining members shall proceed to till said vacancy or 
vacancies. 

§ 9. Certiflcates of purchase of any lot or ground from 
said association shall be assignable but by consent of the 
secretary of said company. Said certificate may be surren- 
dered to said association, and a new one issued to any per- 
son designated by the original holder of the same. 

§ 10. One-fourth of all moneys received for sale of 
ground, for the purpose aforesaid, shall be expended in im- 
proving and ornamenting said grounds, so to be laid out, as 
aforesaid ; the balance to be paid to the stockholders, 

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

Appkoved February 25, 1867. 



In force April 20 AN ACT to change the name of Lucilla Been to Mary Ann Scurlock, and 
1867. for other purposes. 



Section 1, Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly, That the 
name of Lucilla Deen shall be changed to Mary Ann Scur- 
lock. 

§ 2. That she shall be the adopted child of William K. 
and Ann W. Scurlock, and shall be raised, governed and 



CHAKGE OF NAMES. 233 

educated b}' them, until she is eighteen years old, and shall 
be their legal heir, both in law and equity. 

§ 3. This act shall be taken as evidence in courts of 
law or equity in this state. 

Appkoved February 20, 1867. 



AN ACT to cbaiiffe the name of Susan H. Smith. In force April 

19, 1867. 

Section 1. Be it enacted hy the People of the State oj- 
Illinois, represented in the General Assembly, That the 
name of Susan II. Smith, of lienry county, be and is hereby 
changed ; and that she may hereafter, in all business trans- 
actions and relations of life, be known, named, called and 
recognized by the name of Susan II. Jennings. 

Approved^ February 10, 1867. 



AN ACT to change the name of Minnie Adela Miller, and make her the In force Feb. 28, 
heir of Robert M. Dihel and Catharine R. Dihel. 1867. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
name of Minnie Adela Miller, who is now bound to and re- Name changed. 
siding with Robert M. Dihel, at Sunbeam, Mercer county, 
Illinois, be and the same is hereby changed to Minnie Adela 
Dihel, and by the said name of Minnie Adela Dihel she 
shall hereafter be known and called. 

§ 2. That the said Minnie Adela Dihel shall be and is Legal heir-at- 
hereby made and constituted a legal heir of said Robert M. '''''^' 
Dihel and Catharine R. Dihel, his wife, with full power and 
authority to take, hold and enjoy, and transmit any and all 
property that shall or may descend to her from said Robert 
M. Dihel or Catharine R. Dihel, his wife, in the same man- 
ner as if she had been a natural born child of said Eobert 
M. Dihel and Catharine K. Dihel, his wife : Provided, that 
said Robert M. Dihel and Catherine R. Dihel, his wife, shall 
first execute, under their hands and seals, and acknowledge 
before some justice of the peace, clerk of the circuit or county 
court of Mercer county, a certificate, certifying and ac- 
knowledging the said Minnie Adela Dibel to bo their legal ^acknowie^ed 
heir and adopted daughter ; which said certificate shall be 
recorded by the recorder of said Mercer county, the same as 
deeds and other writings are required to be recorded, and 

Vol. 1—16 



234r CHANGE OF NAMES. 

certified copies thereof shall be evidence in all courts and 
places. 
^and%?S § 2- ^'^'^^ when said Robert M. Dihel, and Catharine R. 
conferred. Dilicl, his wife, shall have made their certificate, as speci- 
fied in section two of this act, and caused th'e same to bo filed 
for record in the said recorder's office of said Mercer coi^ntjy 
he shall from that time have, use and exercise all the rights^ 
powers, privileges and duties, and be subject to all legal 
liabilities over and concerning said Minnie Adela Dihel, a& 
if she wore the natural born child of Eobert M. Dihel and 
Catharine li. Dihel, his wife; and the said Minnie Adela 
Dihel shall be subject to the same control of said Robert M. 
Dihel and wife, and to legal liabilities and restraints under 
them as if she \?ere their natural born child, until she shall 
arrive at the age of eighteen years. 

§ 4. This act shall be a public act, and so taken and 
deemed in all courts and places, and shall be in force from 
and after its passage. 

Approved February 28, 1867. 



In force 
11, 186' 



u AN ACT to change the name of John W. Semon to that of Jolin W. Lee, 
and make him heir-at-law of John W. Lee and Mary F. Lee. 



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

IlUnois, represented in the General Assembly, That the 

,. A namp of John W. Semon be and the same is hereby changed 

ZheirT" to that of John W. Lee; that he be made heir-at-law of 

«w. John W. Lee and Mary F. Lee. 

§ 2. This act shall take eftcct and be in torce from and 
after its passage. 

Approved March 11, 1807. 



T r ^.TT^hSR AN ACT to change tlie name of George Ludwig Theodore Peterson to 
1807. Christian Grader. 

[Section 1.] Be it enacted Inj the People of the State of 
Illinois, represented in the General Assembly, That the 
name of George Ludwig Theodore Teterson, a resident of 
Cook county, and citizen of the state of Illinois, be and the 
same is hereby changed to Christian Grader. 

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

Approved February 28, 1867. 



CHANGE OF NAMES. 235 



AN ACT to chanjre the name of Thomas Morris Francis to Thomas Francis In force Feb. 28, 
Scllick. 1867. 

[Section 1.] • Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly, That the name 
of Thomas Morris Francis, a resident of Cook county, and 
citizen of the State of Illinois, be and the same is hereby 
chano:ed to Thomas Francis Sellick, 

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

Approved February 28, 18G7. 



AN ACT to define and legalize the names of Anna and Emma, and con- In force Feb. 28, 
stitute them heirs at law of Layton Collar and Electa J. Collar. 1^®^- 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That Emma 
and Anna, (their other name being unknown,) shall here- Names declared 
after be called and known as Emma Collar and Anna 
Collar. 

§ 2. That the said Emma Collar and Anna Collar shall Rights and pri- 
be and they are hereby declared to be entitled to all the ^'^®ees. 
rights that would belong or pertain to them were they the 
daughters of the said Lajton Collar and Electa J. Collar ; 
and the said Emma Collar and Anna Collar shall, for all pur- Heirs at law. 
poses whatsoever, be the heirs at law of said Layton Collar 
and Electa J. Collar, with full power to take, hold, enjoy May hold and 
and transmit any and all property that shall or may descend ^"-""^ proper y 
to them from the said Layton Collar and Electa J. Collar, or 
either of them, in the same manner as if they had been the 
natural born children of said Layton Collar and Electa J. 
Collar. 

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

Approved February 28, 1867. 



AN ACT to change the name ofThomas Griffin to Thomas Jefferson Wilson, In force Feb. 28, 
and maliC him heir at law of Harry S. Wilson and Clara A. Wilson. ■^^^^• 

Section 1. Be it enacted hy the Pe&ple of the State of 
Illinois, represented in the General Assembly, That tha 
name of Thomas Griffin be and the same is hereby changed Name changed. 
to that of Thomas Jefferson Wilson. ' 



236 CHANGE OF NAMES. 

Rights. § 2. That the said Thomas J. Wilson shall be and is 

hereby declared to be entitled to all the rights that would 
belong or pertain to him were he the son of the said Harry 

Heir at law. T, Wilson and Clara A. Wilson : and the said Thomas 
Jefferson Wilson shall, for all purposes whatsoever, be the 
heir at law of said Harry T. Wilson and Clara A. Wilson, 

Powers and pri- with fuU power to take, hold, enjoy and transmit any and 

viieges. ^11 property that shall or may descend to him from them, or 

either of them, in the same manner as if he had been a 
natural born child of said Harry T. Wilson and Clara A. 
Wilson. 

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

Appkoyed February 28, 1867. 



In force March AN ACT to change the name of Ary J. Huifman to that of Ary J. Yapp, and 
5, 1867. to make him the legal heir of Jacob Yapp. 

Section 1. Be it enacted hy the Peojple of the State of 
Illinois, represented in the General Assembly, That the 
name of Ary J. Huffman be and the same is hereby 
changed to that of Ary, J, Yapp. 

§ 2. That the said Ary J. Yapp is hereby declared and 
made the legal heir-at-law of Jacob Yapp, of the town of 
Georgetown, county of Yermilion, and state of lUinois. 

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

Appkuved March 5, 1867. 



In force March AN ACT to change the name of Augusta Ernestine Kurth to that of Augus- 
7,1887. ta Ernestine Rctzloff, and to make her heir at-law of John Retzloft". 



both her parents by cholera, and has no one to provide for 
her ; and whereas, John Retzloft" is desirous to adopt the 
same, and to make her his heir-at-law ; therefore. 

Section 1. Be it enacted hy the People of the State of 
Illinois, rejyresented in the General Assembly, That the 
name of Augusta Ernestine Kurth be changed to Augusta 
Ernestine Rctzloff. 

§ 2. That the said Augusta Ernestine Kurth shall and 
is hereby declared to be heir-at-law to John Retzloff, and 



CHANGE OF NAMES. 237 

entitled to all the rights that would belong and pertain to 
her were she the daughter of John Eetzloff. 

§ .3. This act shall be a public act, and be in force from 
and after its passage. 

Approved March 7, 1867. 



AN ACT to cliange the names of Mary Frances Runyan and Frank Clark in force March 
Riinyan to Mary Frances McVicker and Frank Clark McVicker, and make 7, 1867. 

them heirs at law of James H. McVicker. 

Section 1. Be it enacted hy the People of the State of 
Jlli?iois, represented in the General Assembly^ That the 
name of Mary Frances JRunj^an, of Chicago, in the county 
of Cook, and state of Illinois, be changed to Mary Frances 
McVicker, and the name of Frank Clark Runyan, of the 
same place, be changed to Frank Clark McVicker. 

§ 2. That the said Mary Frances McVicker and Frank 
Clark McVicker shall be and they are hereby declared to 
be heirs-at-law of James H. McVicker, of Chicago, afore- 
said, and entitled to all the rights which would belong or 
pertain to them were they the natural children of the said 
James H. McVicker. 

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

Approved March 7, 1867. 



AX ACT to change the name of Emmaretta Orcutt to Emma Orcutt Brack- In force March 
ett, and make her heir at law of Horace Dennison Brackett. ^' ^^'• 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the 
name of Emmaretta Orcutt, of Galesburg, Knox county, 
Illinois, be changed to that of Emma Orcutt Brackett. 

§ 2. That the said Emma Orcutt Brackett shall be and 
is hereby declared to be entitled to all the rights that would 
belong or pertain to her if she was the daughter of the said 
Horace Dennison Brackett, of Galesburg, Knox county, 
Illinois. 

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

Approved March 7, 1867. 



238 



CHANGE OF NAMES. 



In force March AN ACT to change the name of Minnie McMahon to Minnie Mather, and 
9, 1867. make her the heir-at-law of Fredericlc H. Mather and Rhoda E. Mather. 



Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assemhly, That the 
name of Minnie McMalion be and the same is hereby 
changed to that of Minnie Mather. 

§ 2. That the said Minne Matlier shall be and she is 
hereby declared to be entitled to all the rights that would 
belong or pertain to her were she the daughter of the said 
Frederick H. Mather and Ehoda E. Mather ; and the said 
Minnie Mather shall, for all purposes whatsoever, be the 
heir-at-law of said Frederick H. Mather and Rhoda E. 
Mather, with full power to take, hold, enjoy and transmit 
any and all property that shall or may descend to her from 
them, or either of them, in the same manner as if she had 
been a natural born child of said Frederick H. Mather and 
Rhoda E. Mather. 

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

Appeoyed March 9, 1867. 



In force March AN ACT to change the name of Mary Alice Waters to that of Mary Alice 
8, 18G7. * Williamson, and declaring her to be an heir-at-law of Eli Williamson. 

Whereas, Eli "Williamson has petitioned the general as- 
sembly of the state of Illinois to change the name of Mary 
Alice Waters to that of Mary Alice Williamson, and for de- 
claring her to be an heir-at-law of the said Eli Williamson ; 
therefore, 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That the 
name of Mary Alice Waters be and the same is hereby 
changed to that of Mary Alice Williamson ; and that the 
said Mary Alice Williamson be and she is hereby declared 
an heir at-law of the said Eli Williamson, to the same force 
and effect as though a natural born child of said William- 
son. 

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

Approved March 8, 1867. 



CHANGE OF NAMES. 239 



AN ACT to change the name of Anna M. Houston to that of Anna M. Lit- In forea March 
tleton, and to adopt and thereby constitute Anna M. Littleton an heir- 9» 136T. 
at-law of Jacob Littleton, as one of the children of the said Jacob Lit- 
tleton. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ rejyresented in the General Assembly^ That the 
name of Anna M. Houston be changed to the name of Anna 
M. Littleton, and that by the name of Anna M. Littleton 
she shall hereafter be known and called. 

§ 2. That the said Anna M. Littleton shall and is here- 
by declared to be an heir-at-law of Jacob Littleton, and enti- 
tled to all the rights that would belong or pertain to her 
were she the daughter of the said Jacob Littleton. 

§ 3. This act shall be a public act, and take effect from 
and after its passage. 

Approved March 9, 1867. 



AN ACT to change the name of Etta Belle Holt to Etta Belle Turney, and In force Man 
to make her heir-at-law of Fayette Turney. ^' ^^^'^* 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That the 
name of Etta Belle Holt, an infant, residing with Fayette 
Turney, in the county of Marion, state of Illinois, be and 
the same is hereby changed to Etta Belle Turney. 

§ 2. That the said Etta Belle Turney shall be and is 
hereby declared to be heir-at-law of Fayette Turney, and 
entitled to all the rights that would belong to her were she 
the daughter of the said Fayette Turney. 

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

Approved March 9, 1867. 



AN ACT to change the name of George Washington Goodman to William in force Mm 
Felt, 9. "67. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ repeseiited in the General Assembly, That the 
name of George Washington Goodman be and the same is 
hereby changed to William Felt. 

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

Approved March 8, 1867. 



240 



CHANGE OF NAMES. — CHUECIIES. 



In force March AN ACT to change tiie name of a certain person therein named, and make 
^< ■^^^^* her heir-at-law of Alfred A. Crarey and Eunice J. Crarey. 

Section 1. £e it enacted by the People of the State of 
Illinois, re])reserded in the General Assembly, That the 
name ofEtuma Lucas, sometimes known as Emma Driscol, 
the adopted daughter of Alfred A. Crarey and Eunice J. 
Crarej, be and the same is hereby changed to Emma Linda 
Crarey ; and the said Emma is hereby constituted and de- 
clared to be the heir at law of said Alfred A. Crarey and 
Eunice J. Crarey ; and in case of the deatli of said Alfred 
A. Crarey and Eunice J. Crarey, or either of them, ihtestate, 
the said Emma Linda Crarey shall inherit the property, 
both real and personal, of such intestate or ihtestates, in the 
same manner and to the same extent that shemight do were 
she the child of said x\lfred A,Crarey and Eunice J. Crarey. 

§ 2. This act shall be a public act, and take ett'ect and 
shall be in tbrce from and after its passage. 

Approved March 8, 1867. 



In force Feb. AN ACT to amend an act entitled "An act to change the name of the 

9, 1867. German United Evangelical Protestant Congregation of the Lutheran and 

Reformed Confession, in Quincy, Illinois, and to incorporate the same by 

the name of the " Evangelical Lutheran Church of St. John, Quincy, 

Illinois." 

Section 1. Be it enacted by the People of the State of 
Illinois, Ttpresented in the General Assembly, That so mucli 
^p?oved 26 Jan', ^^ '^^^ ^^^ entitled " An act to change the name of the Ger- 
1849, repealed! mail United Evangelical Protestant Congregation of the 
Lutheran and Reformed Confession, in Quincy, Illinois, and 
to incorporate the same by the name of the 'Evangelical 
Lutheran Church of St. John, Quincy, Illinois,' " approved 
January 26th, 1849, as reads as follows, to-wit : "And the 
said congregation, by the name and style last aforesaid, and 
to its pastors for the time being, shall be and ever shall 
remain in regular connection with the district synod in the 
bounds of which it may be under the jurisdiction of the 
general synod of the Evangelical Lutheran Church of the 
United States of America," be and the same is hereby 
repealed. 
Election of trus- § ^- ^o mucli of Said act, to which this act is an amend- 
tees. ment, as requires the election of trustees of said corporation 

to be held on Eastel* Monday, in each and every year, 
after the lirst election, is hereby repealed, and it shall bo 
lawful for such election of trustees to be held, in the manner 
prescribed by said act, on the lirst Monday in January in 



CHURCHES. 241 

each and every year, or on such other day in each year as 
said corporation shall by their by-laws determine and 
direct. 

§ 3. This act shall take eft'ect and be in force from and 
after its passage. 

Approved February 9, 1867. 



AN ACT to amend an act entitled " An act to incorporate the German In 2^1867^^^" 
Evangelical Salem's Church, of Quincy, Illinois." ' 

Section 1. Be it enacted hy the People of the- State of 
Illinois^ represented in the General Assemhly, That section 
one of tile act entitled "An act to incorporate the German Name. 
Evangelical Salem's Church, of Quincy, Illinois," a]tproved 
February 22, 186 J, be so amended as to authorize and em- 
power, and said German Evangehcal Salem's Church ofAuthonty and 
Quincy, Illinois, corporation aforesaid, is hereby authorized 
and empowered to acquire real estate, by gift, devise or 
purchase, and to have, hold and convey the same, in any 
quantity not exceeding sixty acres at any one time, for the 
purpose of a cemetery, anything in said section one to the Purpose. 
contrary, notwithstanding. 

§ 2. That the property which may be so acquired by the Property ex- 
said corporatioQ, during its investiture in the same and also athfnV""^ '^^" 
while used for burial purposes, shall be exempt from taxa- 
tion. 

§ 3. That this act, as well as the act to which this is an How construed, 
amendment, shall betaken and construed in all courts and 
places as a pubhc act, and be in force from and after its 
passage. 

Approved February 21, 1867. 



AX ACT to change the name of the Union Grove Baptist Church. In force Feb. 

21, 1867. 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly, That the 
name of the society of Baptists, worshi]>ping nt Morii8"ii, Name changed. 
Illinois, be and is hereby changed from " The Baptist 
Church of Union Grove" to the "First Baptist Church 
of Morrison. " This act to take effect and be in force 
from and after its passage. 

Approved February 21, 1867. 



212 



0UDKCI1E8. 



^r\m ^^ ^^'^ *° amend an act entitled "An act to incorporate the Evangelical 
' ' ' Lutlicnui Sjnod of Missouri, Ohio, and other States," approved February 

IGtli, 1805. 



appointed 
nyuod. 



Section 1. jBe it enacted hij the People of tlie State of 
omtors to \ia Illinois, represented in the General Assemhliu Tliat section 

• lectftcl and ,■ /-v <• , .-.i i ^^a i , • , i t-i 

appointed by iivG (ij) ut ail act entitled, "An act to incorporate llie Evan- 
gelical Lutheran Synod of Missouri, Ohio, and other slates," 
be and the same is hereby so amended as that the [)resident 
and |)rotessors and all instructors in said seminary shall be 
elected, cii;isen or appointed by tlie Evangelical Lntheran 
Synod aforesaid ; and that section six (6) be and the same is 
here'ny so amended as that the election of trustees shall 
occur at such time and place as is ])rovided by the constitu- 
tion and l)y-la\vs of the synod aforesaid. 

§ 2. The i)roperty, real and personal, of the corporation 
created by this act aforesaid, api)rovcd February 10th, 1865, 
in case of a division of the aforesaid synod shall be held 
and controlled by such branch of said division as shall re- 
main true to the book of concord of tlie year a. d. 1580. 
And the I'eal estate of the said corporation, to the amount of 
thirty thousand dollars, actually used for educational ])ur- 
poses, shall be exem})t from state, county and township 
taxation. 

§ 3. This act shall take effect and be in force from and 
after its ])a88ai>;e. 

Ai'PKovjci) February 21, 1867. 



Control of 
property. 



Amount of 
property ex- 
empt from 
taxation. 



In force Feb. 25, 
1807. 



AN ACT to incorporate tlic Springfield Hebrew Conj^rci^ation. 



Corponvtors. 



Section 1. Be it enacted hy the Peojyle of the State of 
JUinois^ 'rc^)resented in the General Asst7nhli/^ That Morris 
Myers, Silas Leon, Solomon Kosenwald, Daniel Seligman, 
David Gottlieb, Solomon Stern, Louis Benjamin, Elias Sal- 
zcnstein, Benjamin JVusbaum, and William Myci's, and 
their associates and successors, forever, are hereby declared 
and created a body corporate, by the name and style of 

Name and stylo, urpij^, ypringiield llebrew Coiiirregation," to be located at 
Springiield, Sangamon county, state of Illinois; and under 
that name shall have per[)etual succession; shall be capable. 

^«riT**' ^*"^' i'l li^w, to contract and be contracted witli, sue and be sued', 
implead and bo im])leaded in all courts of comi)etent juris- 
diction ; may have a common seal, and alter the same at 
their pleasure, and may, by ])urclm80, gift or devise, receive, 
acquire and hold or dispose of real and porsonal property, 
in fee or for a term of years. 



CHURCHES. 243 

§ 2. Said corporation shall at all times have full power Government 
and authority to ordain, make and establish such by-laws, of affLka.'°'^ 
rules and regulations as they shall judge proper lor the 
better government and regulation of the officers and mem- 
bers of said congregation, and for prescribing the time and 
place for meeting of said congregation, and the manner by 
which the objects of the same, to-wit: the worship of God 
in accordance with the usages and doctrines of the Hebrew 
faith, and the instruction of the children of said congrega-' - 
tion in said usages and doctrines may best be effected. Such 
by-laws, rules and regulations not to be inconsistent with 
the laws of this state and of the United States. 

§ 3. That in all suits of law or equity brought against suit^ of law. 
this congregation, or in any suit brought by this congrega- 
tion against any of its members or against any other person 
or persons, any member of this congregation shall be admit- 
ted as a competent witness. 

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

Approved February 25, 1867. 



AN ACT to incorporate the Peoria Hebrew Congregation Anshai Emeth, ^° ^'''fge^*'"^^ 
of tlie city of Peoria, county of Peoria, in the state of Illinois. 

Section 1. Be it enacted hj the People of the State of 
Illinois, represented in the General Assembly, That Abraham corporators. 
Frank, Henry Ullman, Leopold Ballenberg, Simon Lyon, 
Henry Sclnvabacher, Max Newman, Leopold Louis, Leo- 
pold Eohrback, Abraham Washenheimer, Morris Rosen- 
heim, David Schwarzman, Gerson Bloom, Henry Netter, 
Isaac A. Weil, David Eppstemer, Isaac Rosenfeld, Joseph 
Daum, Julius M. Cohen, Jonas Solomon, Aaron Frank, 
Jonas Carrosky, Joseph Schratzky, Abraham Field, Simon 
Kaufman, George Wiener, Henry Ottenheimer, Daniel 
Frank, L. B, Bennett, Moses Eppsteiner, Jacob Schwa- 
bacher, August Frank, J. L. Dreifuss, Harry Ullman, 
Joseph Schwabacher, and S. Sanders, their associates and 
successors, be and they are hereby declared and constituted 
a body corporate and politic, by the name and style of "The Name and style, 
Peoria Hebrew Congregation Anshai Emeth of Peoria, Illi- 
nois;" and by that name and style shall have perpetual ^eX'^*^ ^°''' 
succession, with power to sue and be sued, plead and be 
impleaded ; to acquire, hold and convey property, real, per- 
sonal and mixed, in all lawful ways ; to have and to use a 
common seal, and alter the same at pleasure ; to make, alter 
and amend such constitution and byJaws, not inconsistent 
with the constitution of the United States and of the state 
of Illinois, as they may deem necessary and proper for the 



24:4: CHURCBES. 

government of said congregation, its officers, agents and 
servants : Provided, that such constitution and by-laws shall 
not be contrary and inconsistent with the fundamental prin- 
ciples of the Hebrew faith. 

Officers g 2. The officers of said corporation shall consist of 

the president, one vice president, one secretary, one cashier, 
and three trustees, who shall be elected annually, at such 
time and place and in such manner as may be designated 
by the constitution or by-laws of said congregation, and, 
when elected, shall constitute and be called the Board of 

Term of office. Administration, and shall act as such until tlieir successors 
are elected and installed; and the officers and trustees now 
in otHce shall continue to act as such until their successors 
are duly elected and installed ; and all property, real, per- 
sonal and mixed, now owned and possessed by said congre- 

vestedpropei-ty gation, shall be vested in said board of administration and 
their successors in office, for the use and benefit of said 
congregation, forever ; and the said board of administration, 

Powers of board for the time being, shall have power, by the president and 
secretary, under the seal of said corporation, to execute 
deeds of conveyance of and concerning the estate and pro- 
perty herein authorized to be held by such congregation ; 
and such deeds of conveyance shall have the same eilect as 

Proviso. ]ii-e deeds made by natural persons : Provided, that no deed 

or conveyance shall be made of any estate held as aforesaid 
so as to defeat or destroy the interest or effect of any grant, 
donation or bequest which may be made to such congrega- 
tion ; but all grants, donations and bequests shall be appro- 
priated and used as directed by the person or persons 

Proviso. making the same : Provided, if it be not in a manner con- 

trary to the principles of the Hebrew faith. 

*^'rtrd^b"-l!a''v»" in § ^' That, the constitution and by-laws now in force and 
force.^ '^^'^ heretofore adopted by said congregation shall be and con- 
tinue in full force and effect until annulled, changed or 

Proviso. amended in the manner provided therein: Provided, that 

the same are not inconsistent with the constitution of the 
United States and of this state and with the general laws 
of this state. 

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

Approved March 7, 1867. 



In force May 8, AK ACT to legalize the acts of trustees of the Methodist Episcopal Church 
1807. of Chillicothe. 

Preamble. WuEREAS, ou the fourth day of August, 1863, a board of 

trustees of the Methodist Episcopal Church of Chillicothe, 
Peoria county, Illinois, were elected, consisting of C. H. 



CLUBS. 245 

Clapp, Henry Truett, L. H. Thomas, Geo. H. Clapp, and 
Alexander F. Pool; and, whereas, the said board, elected as 
above stated, having tailed to have any record made of their 
election in the recorder's office of said county, and other- 
wise failing to legalize themselves as a board of trustees for 
said church, and in the meantime have acquired title to 
property for the use of said church to the value of some 
iive thousand dollars ; therefore. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That E. H. ^o&tA of trus- 
Olapp, Henry Truett, L. H. Thomas, Geo. H. Clapp, and 
Alexander F. Fool, be and they are hereby declared to be 
a board of trustees for the Methodist Episcopal Church of 
Chillicothe, Peoria, county, Illinois, from the date of their 
election (August fourth, 1863); and any title they have xuies valid, 
acquired or may hereafter acquire for the use and benefit of 
said church shall be valid in law. 

§ 2. That the present board of trustees act until their Present boar-, 
successors are chosen, as provided by general law, approved ■ 
March 3rd, 1846. 

Approved March 8, 1867. 



AN ACT to incorporate the Chicago Union Club House. Ii^ 12'^186T^^^' 

Section 1. Be it enacted hy the Feojple of the State of 
Illinois, represented in the General Assembly, That the per- 
sons who shall become and continue stockholders in "the 
corporation created by this act and in the manner herein 
provided are made and constituted a body corporate and 
politic, by the name and style of" The Chicago Union Club Name and style 
House," and as such corporation shall have perpetual sue- corporate pow- 
cession, may sue and be sued, may make contracts, and 
make, use an alter a common seal, and have and exercise 
all the powers, privileges and immunities and be subject to 
all the liabilities incident to a body corporate and politic. 

§ 2. The capital stock of said corporation shall be three ^^p"*^ ^'°*='^- 
hundred thousand dollars, and shall be divided into shares 
of Hfty dollars each, to be deemed personal property, and 
transferable as such on the books of the corporation, in the 
manner and subject to the restrictions provided in the by- 
laws. It shall be lawful for the board of directors to deter- payment of in- 
mine the time when and the amounts in which the install- »*^"'"^''*«- 
ments of stock shall be paid; and they may levy and 
collect annually, over and above such installment, and 
assessment or annual due on each share of stock. The said ^aufel*"'* ^'°* 
company, through their board of directors, shall have power 
to impose fines and penalties on the members of said corpo- 



24:6 CLUBS. 

ration who shall be guilty of a violation of the rules and 
by-laws, and may, for causes designated in the by-laws, sus- 
pend or expel members, or they may declare forfeited any 
shares of stock on which remainsjdue and unpaid for the space 
of thirty days, any installment, assessment or annual due ; 

Actions of debt, and Said corporation may maintain an action of debt in any 
court of competent jurisdiction, to recover the amount of 
any such fine, penalty, installment, assessment or annual 

Duties of offi- due levied, assessed or called for. The said board of 

cejs, agents, (j^j-ectors shall bc authorized to prescribe the duties of the 

officers and agents of said corporation, and may require from 

them bonds, with or without surety, to be approved bj^^the 

board, with such conditions as they shall see lit to impose ; 

By-laws and ^"^1 mav make by-laws and rules for the government of the 

rules. officers and board and the management and control of the 

property, interests and affairs of the corporation. 

Annual meet- § 3. There shall bc an annual meeting of the stock- 
ings of holders on the first Monday of May in each year, for the 

Purposes of. pui'pose of electing the board of directors and the transac- 
tion of such other business as shall be laid before them by 
the directors, and special meetings may be called to consider 

Proviso. any matter submitted by the directors : Provided, notice 

of the object of such special meeting shall have been given 
by depositing the same in the Chicago post office, addressed 
to each stockholder, at least one week prior to the time fixed 
for such meeting. The capital stock may be increased from 
8todc.^^° time to time to any amount not exceeding one million of 
dollars at any annual meeting. Each share of stock shall 

Vote of etock- entitle the holder thereof to one vote for the election of 
hoidders. directors and on all questions submitted to the stockholders : 
Provided, no share shall be entitled to a vote on which 
there is due and unpaid any installment, assessment or annu- 
al due, and no person shall, after the organization of this cor- 
poration, be permitted to become a subscriber to the 
capital stock without the sanction of the directors, nor sliall 
any share of stock be transferable on which there remains due 
and unpaid any installment, assessment or annual due, nor 
to any person who has not been, by vote of directors, ad- 
mitted to the privilege of becoming a stockholder. The 
date of holding the annual meeting may be changed by 
vote of the corporation at any annual meeting. 

Commissioners. § 4. Joliu IB. E-icc, Jolin 0. Dore, William Bross, John 
Jones, John Wentworth, James P. Root, Joseph Medill, 

A. C. Ilessing, John M. Wilson, Henry Smith, Horace 
White, C. L. Wilson, Hasbrouck Davis, J. F. Ballantyne, 
E. L. Taylor, J. D. AVard, Chauncey T. Bowen, Thomas 

B. Bryan, Grant Goodrich, P. W. Gates, W. L. Newberry, 
Henry Farnham, J. Y. Scammon, Perkins Bass, George 
W. Gage, Jacob Rehm, Norman Williams, jr., E, B. 
McCagg, Merrill Ladd, Norman B. Judd, A. F. Stevenson, 
D. S. liammond, Charles H. Eeed, John V. Farewell, L. 



CLUBS. 247 

TJ. Bond, H. M. Shepherd, M. W. Loavitt, H. M. Singer, 
J. S. Reynolds, Charles Mears, John H. Foster, John L. 
Hancock, William L. Church, U. R. Ilawley, John L. 
Thompson, Robert Lincoln, L. A. Irwin, J, M. Allen, 
Walter Kimball, J. L. Beveridge, F. A. Eastman, R. M. 
Hough, George M.. Kimbark, tTohn K, Pollard, Elliot 
Anthony, 0. N. Holden, Samuel McRoy, T. M. Avery, W. 
F. Milligan, Iver Lawson, C. C. P. Holden, George 
Schnider, Isaac Spear, Peter Page, Charles Walker, George 
Armour, E. S, Solomon, George Sherwood, Avery Moore, 
and such others as they shall associate with them, are 
hereby appointed commissioners to open books and receive stock subscrip- 
subscriptions to the capital stock of said company and to ^'°'^ 
determine the form of such subscription and fix the amount 
to be subscribed, prior to the complete organization of said 
corporation, as herein provided. When the amount so hxed 
shall have been subscribed, the said commissioners shall jMeetings. 
convene a meeting of the subscribers at sudh time and 
place as they shall determine, notice thereof having been Notice of. 
tirst given in at least two of the Chicago daily papers, also 
by depositing a written or printed notice in the Chicago 
post office, addressed to each subscriber ; and at such meet- 
ing the subscribers to the capital stock shall, under such 
rules and regulations as shall be fixed by the said commis- 
sioners, proceed to the election of a president, vice president, Election of 
secretary and treasurer and seven directors, which said o*''®"- 
officers and directors shall constitute the board of directors 
of said corporation, who shall hold their office until the next 
annual meeting and until their successors are chosen and 
qualified. Upon the election, as aforesaid, the duties of said organization, 
commissioners shall end, and this corporation shall be 
deemed fully organized and may thereupon exercise all the 
powers granted by this act. 

§ 5. The said corporation are hereby authorized to Business and 
purchase, erect, hire, use, maintain and operate a club °p®'''*'^'°°'' 
house or public hall with the necessary equipments and 
appurtenances for public meetings or the use and occupa- 
tion of said corporation, its officers, committees or employees, 
together with such stores, restaurants, reading rooms, libra- 
ry, or other rooms or apartments in connection with or 
attached thereto, as they shall deem proper ; and they may, 
from time to time, rent out their said hall or club house, 
stores, offices, restaurants or other rooms or apartments ; 
and may own and maintain a library and reading room in 
their said building, and may admit such persons to the use 
of the same as they shall deem proper, and may inaugurate 
lectures, speeches or other public entertainments. The 
said corporation shall be authorized to hold, own and enjoy 
60 much real estate as shall be necessary for the object and 
purpose of their organization ; and they may sell and dis- 



248 



pose of the same when the interest of the said corporation 
shall require ; and may change the location of their said 
club houtse or hall. 

§ 6. This act shall be a public act, and take effect and be 
in force from and after its passage. 

Approved February 12, 1867. 



In force April 
21, 1867. 



AN ACT to incorporate the Chicago Caledonian Club. 



Corporators. 



Section 1. Be it enacted by the People of the State of 
Illinois^ represented in the General Assembly^ That Robert 
Hervey, chief, Hugh Macalister, hrst chieftain, George 
Kennedy ,*second chieftain, Wm. M. Dale, third chiettain, 
and the other present clansmen and members of the Chicago 
Caledonian Club, and such other persons as may hereafter 
be admitted members of said club according to the rules 
and regulations thereof, be and the same are hereby 
declared and constituted a body corporate and politic, under 
the name and style of " The Chicago Caledonian Club ;" 
and shall have perpetual succession, and a common seal, 
and may alter the same at pleasure; and, in and by such 
name, may sue and be sued, implead and be impleaded, pro- 
secute and defend, in all and every suit or suits at law or in 
equity, in all courts whatsoever, and in all matters and places 
where legal or equitable proceedings are had ; and, if 
necessary, to sign, execute and deliver, by the chief and 
third chieftain of said club for the time being, under the seal 
thereof, (and when sanctioned by a vote of the club, at a 
regular or called special meeting for that purpose,) all ^ 
arbitration or other bonds which may be necessary for ob- 
taining the legal rights or advancing the interests of said 
Sell and convey club ; and, also, in and by such name, to acquire, purchase, 



Powers, etc. 



property. 



Constitution 
and by-laws. 



hold, grant, bargain, sell, alien and convey any property, 
whether real, personal or mixed ; and to loan the money 
and funds of the club and take promissory notes, bonds, 
mortgages or other evidences of indebtedness for the funds 
or money so loaned ; and to make and, from time to time, 
alter, as the said chib may deem proper and expedient, 
a constitution and by-laws for said club, declaring the pur- 
poses and defining the powers of said club, the time and 
manner of the election of the officers of said club and the 
number and duties of such officers, and, generally, such 
other provisions for the good government of said club as a 
majority of the members present at any meeting may deter- 
mine : Provided^ that such constitution and by-laws shall 
not in any manner conflict with the constitution and laws of 
the United States or of this state. 



Place of meet- 
ings. 
5 Donations. 



CONVENTS. 249 

§ 2. The constitution and by-laws of said clnb, .^^^^n Record s^to^ba 
recorded in the records ct said club, shall be in full force ; eviderfce,"^ 
and the production of such records containing the same 
shall be received as evidence of the facts therein stated in 
all courts of justice and upon all lawful occasions. 

§ 3. The said corporation shall not at any one time hold Personal pro, 
personal property to a greater amount than fifty thousand 
dollars and real estate to a greater amount than fifty thou- 
sand dollars ; and the same shall be usetl, sold, exchanged 
or dealt with in such manner as shall be i)ruvided for in the 
constitution and by-laws or as may be authorised by a vote 
of a majority ot the members of the club present at any 
regular Ineeting and in accordance with the provisions of 
such constitution and by-laws. 

§ 4. The rooms and meeting of said club shall be kept 
and held in the city of Chicago; and, in case any donation, 
devise or bequest shall be made to the said club for par- 
ticular purposes, and said club shall accept the same, every 
such donation, devise or bequest shall be faithfully applied, 
in conformity with the conditions imposed by and for th« 
purposes indicated by the donor ar testator, 

Appkoved February 21, 1867. 



A.N ACT to amend an act to incorporate tlie Springfield Roman Catiiolic jn fore© Feb. 
Ursuline Convent of St. Josepli, in force February 24, 1859. 22, 1867, 

Section 1. Be it enacted hj the People of the State of 
Illinois^ rejyresented inihe General Asse7nhly^ That all the Name and style, 
sisters of the Springfield Roman Catholic Ursuline Convent 
of St. Joseph, residing or to reside in the city or near the 
city of Springfield, are hereby constituted a body politic 
and corporate, with all the corporate powers necessary to 
carry out the objects of this act, under the name and style 
of " The Springfield Roman Catholic Ursuline Convent of 
St. Joseph." The corporation hereby created may adopt 
and use a common seal, and alter and change the same at 
pleasure ; and may sue and be sued in any and all courts 
of this state or United States. 

§ 2. On the first Wednesday in March, a. d. 1867, and Government 
every three years thereafter, the sisters shall elect five trus- 
tees from among their number of professed sisters, who shall 
hold their ofiices for three years and until their successors 
are elected ; and, together with the mother superior of the 
order in Springfield, shall constitute the board of trustees 
of the Springfield Roman Catholic Ursuline Convent of 
St Joseph. 

Yol. 1—17 



250 



The superior. 



CONTENTS. 



§ 3. The superior, duly elected or appointed by the 
Roman Catholic bishop, according to the rules and laws of 



Secretary and 
treasurer. 



By-laws. 



Honorary de- 
grees. 



Vested rights. 



DiTision of 
property in 
certain cases. 



officio president of said board. 

§ 4. The said board may elect from their number a sec- 
retary and treasurer, who shall hold their offices for three 
years ; and in the event of the death of any member of the 
said board, the remaining members may fill the vacancy ; 
and the majority of the board, with the president, shall 
constitute a quorum. 

§ 5. The said board may establish all by-laws, not in- 
consistent with the constitution of the United States, or of 
this state, which they may deem necessary fur the internal 
management of the affairs of said board, and for the gov- 
ernment of said institution. 

§ 6. The aforesaid corporation shall have power to con- 
fer honorary degrees in education, and to grant diplomas 
for the same. 

§ Y. The corporation hereby created may receive any 
gift, conveyance, devise or bequest of any property, real 
and personal ; and may make any contract, buy, sell and 
convey the same in this their corporate capacity, and the said 
corporate body and their successors shall continue to possess 
the property so bought, received or otherwise acquired by 
the present or future trustees in their corporate capacity for 
the benefit, maintenance and support of said religious in- 
stitution. 

§ 8. If ever this institution or corporation shall cease 
for any reasons whatsoever, all their property, real or per- 
sonal, after all debts and due claims are paid, shall, under 
the direction and supervision of the bishop of the diocese, 
be divided into three parts; two-thirds shall be divided 
equally among the sisters then living in the community, 
the other tliird shall be divided among the orphans and 
poor schools in the diocese, according to his discretion. 

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

Approved February 22, 1SG7. 



m force March AN ACT to incorporate the 

9, 18G7. the II 



Alton Roman Catholic Ursuline Convent of 
Faniilv." 



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

Illinois, repicsented in the General Assembly, That the 

Corporators, bishop of Alton, and all the sisters of " The Alton Roman 

Catholic Ursuline Convent of the Holy Family," residing, 

or to reside in the city, or near the city of Alton, are here- 



CONVENTS. 251 

bv constituted a body politic and corporate, with all the cor- 
porate powers necessary to carry out the objects of this act, 
nnder the name and style of "The Alton Roman Catholic Name and style 
tlrsnline Convent of the Holy Family." The corporation 
hereby created may adopt and use a common seal, and alter 
and change the same at pleasure ; and may sue and be sued 
in any and all the courts of this state or United States, 

§,:i. On the second Wednesday in March, a. d. 1867, E'^e^cuonoftrus 
and every three years thereafter, the said bishop and the 
sisters shall elect five trustees of their community, who 
shall hold their offices for three years, and until their suc- 
cessors are elected, and together with the bishop of Alton 
and the mother superior of the order in Alton, shall consti- 
tute the board of trustees of " The Alton Roman Catholic 
Ursuline Convent of the Holy Family." 

§ 3. The bishop of Alton shall be ex-officio president of P^sident. 
said board of trustees, and the mother superior, duly elected 
or appointed by the Roman Catholic bishop, according to 
the rules and laws of the Roman Catholic church, shall be, 
during her term of office, ex-officio, vice president of said '^'"^^ president 
board. 

§ 1. The said board may elect from their number a sec- Secretary and 
retary and treasurer, who shall hqld their offices for three 
years ; and in the event of the death of any member of said 
board, the remaining members may fill the vacancy ; and 
the ijiajority of the board, with the president, shall consti- 
tute a quorum. 

§ 5. The said board may establish all by-laws, not incon- By-iaws. 
sistent with the constitution of the United States, or of this 
state, which they may deem necessary for the internal man- 
agement of the affairs of said board, and for the government 
of said institution, 

§ 6. The aforesaid corporation shall have power to con- ^°geg^''y ^^ 
fer honorary degrees in education and to grant diplomas 
for the same. 

§ 7. The corporation hereby created may receive any Gifts, devises, 
gift, conveyance, devise or bequest of any property, real and *'®'5"^^'^' ^*''- 
personal ; and may make any contract, buy, sell and convey 
the same, in this their corporate capacity ; and the said corpo- 
rate body and their successors shall continue to possess the 
property so bought, received or otherwise acquired by the 
present or future trustees, in their corporate capacity, for 
the benefit, maintenance and support of said religious insti- 
tution. 

§ 8. If ever this institution or corporation shall cease, for any i^'^' f '''.^ "^ p''^; 

, . ,^ ^^ ^ i . / .1 "^ perty in event 

reasons whatsoever, then all property, real or personal, (after of cessation of 
all debts and due claims are paid,) shall, under the direction «=°'"p°'"'"'*^°- 
and supervision of the bishop of the diocese, or his succes- 
sors, be divided into three parts ; one-third shall be divided 
equally among all the sisters then living in the community ; 



252 



the other two-thirds shall be divided among the orphans 
and poor schools in the diocese, according to his discretion. 

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

Approved March 9, 1867. 



In force Febru- AN ACT to charter the city of Mattoon. 

ary 6,' 1867. 

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

Illinois^ represented in the General Assembly^ That the 

inhabitants of the city of Mattoon, in the county of Coles 

and state of Illinois, be and they are hereby constituted a 

style of corpo- body politic and corporate, by the name and style of "the City 

ration. of Mattoon," and by that name shall have perpetual succes- 

sion, and may have and use a common seal, which they 
may change and alter at pleasure. 

Boundaries. § 2. The boundaries of said city shall include within 

their limits, all within the following boundaries : Commen- 
cing at the north east corner of the southeast quarter of 
section number twelve (12), township number twelve ^^12), 
north of range number seven (7) east of the third (3) prin- 
cipal meridian, in Coles county, state of Illinois, and run- 
ning thence due west to the northwest corner of the south- 
west quarter of section number eleven (11) same township 
and range aforesaid, thence due south to the southwest cor- 
ner of the northwest quarter of section number twenty-three 
(23) same township and range aforesaid, thence due east to 
the Southeast corner of the northeast quarter of section 
number twenty -four (24) same township and range aforesaid, 
thence due north to the place of beginning. 

Addition to city § 3. Whenever any tract of land adjoining the City of 
Mattoon, shall be laid off into town lots and recorded accord- 
ing to law, the same shall be annexed to, and form a }>ait 
of said city. 

Powers. -§ 4. The inhabitants of said city, by the name and style 

aforesaid, shall have power to sue and be sued, to plead and 
be impleaded, to defend and be defended in all courts of 
law and equity, and in all actions whatever ; to purchase, 
receive and hold property, real and personal in said city, 
and to purchase, receive and hold property real beyond the 
limits of said city, for burial grounds for the use of the 

Rights^ es ^^^ inhabitants of said city ; and to sell, lease, convey and ini- 
^'"^' ' prove property, real and personal, for the benefit of said 
city, and to do all other things in relation thereto as natural 
persons. 

1st ward. § ^- The city of Mattoon shall be divided into two (2) 

wards. All of that part of said city lying and being east 



CITIES. 253 

of the Illinois Central Railroad shall constitute ward num- 
ber one (1) and all that part of said city lying and being 
west of the Illinois Central Railroad, shall constitute ward 2d ward. 
number two (2). 

The city council shall have power to divide and subdi- Subdivision of 
vide said wards as occasion may require, and fix the 
boundaries thereof, having regard to the number of male 
inhabitants. 

ARTICLE II. 

OFFICERS — THEIR ELECTION AND APPOINTMENTS. 

§ 1. The municipal government of the city shall consist 
of a city council, to be composed of the mayor and four city council, 
aldermen from each ward until such time as the city is 
divided into four (4) wards, after which the representation 
in the city council shall be two aldermen from each ward. 
The other officers of the corporation shall be as follows : A cierks, treasur- 
city clerk, a city treasurer, a city marshal, a city police poiiee'"mSs- 
magistrate and one (1) city supervisor, to each ward of the ^^f^^^f"^^'-^^^''- 
two wards created by this act. All of the above named 
officers shall be elected by the people. In addition to these. To be elected by 
the city council shall have power by ordinance or resolution ®p®°p®- 
to appoint a city attorney, a city surveyor and engineer, city attorney, 
and, when the city shall contain six thousand inhabitants, a In^Ineer. '''^"^ 
city assessor and collector shall be appointed. All of these Assessor and 
officers, whenever elected or appointed, shall, in addition to °o"ector. 
the duties prescribed by this act, perform such other duties Duties of offi- 
as may* be prescribed by ordinance. There shall also be °®'^®' 
such other officers, servants and agents of the corporation 
as may be provided by ordinance, to be appointed by the 
city council, and to perform such duties as may be pre- 
scribed by ordinance. 

§ 2. At the annual charter election, to be held on the 
first Monday of April of each year, there shall be elected by 
the qualified voters of said city, a mayor, city clerk, city 
marshal, city treasurer, and, once in four years, a city ^.^ eieciion 
police magistrate ; and the person having the highest num- 
ber of votes in the whole city, for either of such offices, 
shall be declared elected. At the same time the electors, 
in their respective wards, shall elect the number of alder- 
men and supervisors which are provided for in section first, 
of article 2d, of this act. 

§ 3. All officers elected or appointed under this act, 
except aldermen and city police magistrate, shall hold their 
offices for one year and until the election or appointment 
and qualification of their successors, respectively. All other Tenure of office 
officers mentioned in this act, and not otherwise specially 
provided for, shall be appointed by the city council, by bal- 
lot, on the second Monday of April in each year, or as soon 
thereafter as may be ; but the city council may specially 
authorize the appointment of watchmen and policemen by 



254 CITIES. 

the mayor, to continue in office during the pleasure of the 
city council: Promded^ the mayor or marshal may be 

Removal from authorized to removG them from office for good cause. All 

office. officers elected or appointed to fill vacancies shall hold for 

the unexpired term, only, and until the election or appoint- 
ment and qualification of their successors. The city police 

Term of office magistrate shall hold his office for four (4) years. 

i'atSte^^ '"*"" § 4, The several wards of the city shall be represented 
in the city council by a certain number of aldermen from 
each ward, (as provided in article 2nd, section 1st, of this 
act,) who shall be bona fide residents thereof, and hold their 
office for two (2) years, irom and after their election, and 

Qualification of ^^^^^^ ^^^ elcctiou and qualification of their successors. At 

aiderm'en. the first meeting of the city council, after the annual elec- 
tion in April next, the aldermen slial^ be divided, by lot, 
into two classes, consisting of an equal number of alder- 
men from each ward ; the seats of those of the first class shall 

Term of office be vacatcd at the expiration of the first year, and of the second 

of aldermen. ^|j^gg ^^ ^}jq cxpiratiou of the secoud year, so that one-half 
of the board shall be elected annually. 

§ 5. If from any cause there shall not be a quorum of 
aldermen remaining in office, the clerk shall appoint the 
time and place of holding a special election to supply such 

Vacancies. vacaucies, and to appoint judges thereof, if necessary. If 
any alderman shall remove from the ward represented by 
him his office shall thereby become vacant. If, from any 
cause, the officers herein named shall not be appointed on 
the second Monday of April in each year, the city- council 
may adjourn from time to time until such appointments are 

Failure to elect made. If there should be a tailure by the people to elect 
any officers herein required to be elected the city council 
may forthwith order a new election. 

§ 6. Any officer elected or appointed to any office may 

Removal from he rcmovcd froui such office by vote of three-fourths of the 
office. aldermen authorized by law to be elected ; but no officer 

shall be removed, except for good cause, nor unless first 
furnished with the charges against him, and heard in his 
defense; and the city council shall have power to compel 
the attendance of witnesses and the production of papers, 
when necessary for the purpose of such trial, and shall 
proceed, within ten days, to hear and determine upon the 
merits of the case; and if such officer shall neglect to 
appear and answer to such charges then the city council 
'may declare the office vacated: Provided^ this section shall 
not bo deemed to apply to any officer appointed by the city 
council. Such officer may be removed at any time by a 
vote of three-fourths, as aforesaid, in their discretion ; but 
any officer may be suspended until the disposition of the 
charges, when preferred. 

§ 7. Whenever any vacancy shall occur in the office of 
mayor, alderman, or city police magistrate, such vacancy 



CITIES. 255 

shall be filled by a new election ; and the city council shall 

order sacb special election within ten days after the happen- ^foi"^lylfficer''s 

inor of sych vacancy. When any vacancy in the other 

offices made elective shall occur the city council shall order 

a special election within ten days after the happening of 

such vacancy, unless more than nine months of their time 

has expired ; in which case the city council shall appoint. 

§ 8. All citizens of the United States, qualitied to vote *^J^|.'g^/^''''°° ^^ 
at any election held under this act, shall be qualified to 
hold office created by this act; but no person shall be elegible 
to any office under this or any other act in relation to said 
city, who is now or may hereafter be a defaulter to said 
cify, or to the state of Illinois, or to any other city or county 
thereof; and any person shall be considered a defaulter 
who has refused or neglected, or may hereafter refuse or 
neglect, for thirty (30) days, after demand made, to account 
for and pa}' over to the party authorized to receive the Qualifications of 
same any public money which may have come into his pos- "'^ officers, 
session ; and if any person holding any such office or place 
•within the city shall become a defaulter, whilst in office, the 
office or place shall thereupon become vacant. 

§ 9. When two or more candidates for any elective office 
shall have an equal number of votes for such office the Tie vote. 
election shall be determined by casting of lots, in the 
presence of the city council. 

ARTICLE III. 

ELECTIONS. 

Section 1. A general election of all the officers of the Time, place and 
corporation, required to be elected by this act or any ordi- eSons?^*^'*^ 
nance of the city, shall be held in each of the wards of the 
city on the first Monday of April in each year, at such 
places as the city council may appoint, and of which ten (10) 
days previous public notice shall be given, by written or 
printed notices, in three (3) public places in each ward, or 
by publication in the newspaper publishing the ordinances 
of the city, by the city clerk. 

§ 2. The manner of conducting and voting at elections Manner of vo 
held under this act, and contesting the same, the keeping of telfjng''^ °°°' 
the poll lists, canvassing of the votes and certifying the re- 
turns, shall be tho same as nearly as may be as is now or 
may hereafter be provided by law at general state elec- 
tions : Provided, the city council shall have power to regu- 
late elections, and the appointment of the judges thereof. 
The voting shall be by ballot, and the judges of the election Duties of judges 
shall take the same oath and shall have the same powers and 
authority as the judges of general elections. After the 
closing of the polls the ballots shall be counted in the man- 
ner provided by law, and the returns shall be returned 



256 CITIES. 

sealed to the city clerk within two days after the election, 
and thereupon the city council shall meet and caiivabs the 
same, and declare the result ut the election. The persona 
having the highest xiumber of votes for any office," shall be 
declared elected. It shall be the duty of the city clerk to uo- 

^'otice of eiec- tify all persons elected, or appointed to office, of their election 

eiected.''^^''"" or appointment, and unless such person shall qualiiy within 

twenty (20) days thereafter, the office shall become vacant. 

Qualifications of g 3. J^'o person sliall be entitled to vote at anj' election 
under this act, wdio is not entitled to vote at state elections, 
and has not been a resident of said city at least six months 
next preceding said election, he shall have been, moreover, 
an actual resident of the ward in which he proposes to vote, 
for twenty (20) days previous to such election, and if re- 
quired by any judge or qualitied voter, shall take the 

^^^^- following oath before he is permitted to vote: " I swear 

(or affirm) that I am of the age of twenty-one years, that I 
am a citizen ot the United States, (or was a resident of this 
state at the time of the adoption of the constitution), and 
have been a resident of this state for one year, and a resident 
of this city six months inimediately preceding this election, 
and am now, and have been for the last twenty (20) days 
past, a resident of this ward, and have not voted at this 

Proviso. election." Provided, that tlie voter shall be deemed a resi- 

dent of the ward in which he is accustomed to lodge. 

Closing of bar § 4. No election shall be held in any grogshop or other 

tiotTday*." ^'''^' place where intoxicating or malt liquors are vended by retail; 
nor shall any such place be ke.pt open for the sale or giving 
away of such liquors on the day of any civil election in said 
city. 

Kg civil arrests g 5_ ^1] persous entitled to vote at anv election held 

on election day. ^, , . in i . . .," • i • 

nnder this act shall not be arrested in civil process within 
said city upon the day on which said election is held ; and 
all persons illegally voting at any election held under this 
act, or'the ordinances of the city in pursuance thei'eof, shall 
be punishable according to the laws of the state. 

ARTICLE IV. 
I'OWERS AND DUTIES OF OFFICEKS. 

(jath of officers. § 1. Every pcrson chosen or appointed to an executive, 
judicial, or administrative office under this act, shall, before 
he enters upon the duties of his office, take and subscribe 
the oath of office prescribed in the constitution of this 
state, and tile the same, duly certitied by the officer before 
whom it was taken, with the city clerk. 

Oath of mayor. § 2. The mayor sliall, before he enters upon the duties 
of his office, in addition to the usual oath, swear or affirm : 
" That he will devote so much of his time to the duties of 
his office as an efficient and faithful discharge tlicreof may 

Dntiee of mayor require." He shall preside over the meetings of the coun- 
cil, and shall take care that the laws of this state and the ordi- 



CITIES. 257 

nances of this city are duly enforced, respected and ob- 
served within the city, and thai all other officers of the city 
discharge their respective duties ; he shall cause negligence 
and positive violation of duty to be prosecuted and pun- 
ished ; he shall, from to time, give the city council such in- 
formation and recommend such measures as he may deem 
advantageous to the city. 

§ 3. "He is hereby authorized to call on all male inhabi- 
tants of the city or county over the age of eighteen (18) 
years to aid in enforcing the laws of the state or the ordinan- 
ces of the city; and any person who shall not obey such call 
shall forfeit to said city a iine of not less than five (5) dollare. 

§ i. He shall have power, whenever he shall deem it May^ may ^^.^ 
necessary, to require of any of the officers of the city an records of city 
exhibit of his books and papers, and he shall have power to '''*'^"^- 
execute all acts that may be required of him by this act or 
any ordinance made in pursuance thereof. 

§ .5. He shall be liable to indictment in the circuit court indictment of 
of Coles connty tor palpable omission of duty, willful op- '"^^°'' 
pression, malconduct or partiality in the discharge of the 
duties of his office, and upon conviction shall be subject to 
a tine not exceeding one hundred (100) dollars, and the 
court shall have power, upon recommendation of the jury, 
to add as part of the judgment, that he be removed from 
office. 

§ 6. He shall receive such salary as may be fixed by or- salary of mayor 
dinance, not exceeding five hundred (.500) dollars per annum. 

§ T. He shall, ex officio^ have power to administer any Powers of the 
oath required to be taken by this act, or any law of the "''''^°''- 
state ; to take depositions, the acknowledgment of deeds, 
mortgages and all other instruments of writing, and certify 
the same under the seal of the city, which shall be good and 
valid in law. 

§ 8. In case of vacancy in the office of mayor, or of his ^a^e'SL'ce 
beinsr utuible to perform the duties of his office, by reason or disability to 

, . ^ " i- 1 1 • 1 li V actasmayor. 

ot temporary or continued absence or sickness, the cuy 
council shall appoint one of its members, by ballot, to pre- 
side over its meetings, whose official designation shall be 
" acting mayor," and the alderman so appointed shall be 
vested with all the powers and perform all the duties of 
mayor until the mayor shall resume his office, or the va- 
cancy shall be filled by a new election, 

§ y. The members of the city council shall be, ex officio, ^ehy^^founc^ii 
fire wardens and conservators of the peace within the city, members. 
and shall be exempt from jury duty and street labor or the 
payment of street taxes d^iring their term of office. 

■^ 10. The clerk shall keep the corporate seal and all ^^'J*'4^_°f '''^y 
papers and books belonging to the city ; he shall attend all 
meetings of the city council and keep a full record of their 
proceedings on the journals ; and copies of all papers duly 
tiled in his office, and transcripts of the journals of the pro- 



258 CITIES. 

ceedings of the city council, certified by him, under the 
corporate seal, shall be evidence in all courts, in like man- 
ner as if the originals were produced ; he shall likewise 
draw all warrants on the treasury and countersign the same, 
and keep an accurate account thereof in a book provided for 
that purpose ; he shall also keep an accurate account of all re- 
ceipts and expenditures, in such manner as the city council 
shall direct ; and he shall have power to administer any 
oath required to be taken by this act. 
Duties of city § 11. It shall be the duty of the city attorney to per- 
attorney. r^^,^^ ^lj professional scrviccs incident to his office, and when 
required, to iurnish written opinions upon questions and 
subjects submitted to him by the mayor or the city council, 
or its committees : jProvided, hoicever, that the oflSce of city 
attorney and city clerk may be vested in the same person. 
Duties of city § 12. The city treasurer shall receive all moneys belong- 
ing to the city, and shall keep an accurate account of all 
receipts and expenditures in such manner as the city coun- 
cil shall direct. All moneys shall be drawn from the treas- 
ury in pursuance of an order of the city council, by a treas- 
ury warrant, signed by the mayor or the presiding officer 
of the city council, and countersigned by the clerk; such 
warrant shall specify for what purpose the amount therein 
named is to be paid, the treasurer shall exhibit to the city 
council at least twenty (20) days before the annual election 
of each year, and oftener if required, a full and detailed 
account of all receipts and expenditures since the date of 
the last annual report, and also the state of the treasury, 
which account shall be tiled in the office of the clerk. 
Police magis- § 13. The city police magistrate shall be commissioned 
commfssfonei ^y the govcmor of the state of Illinois, as a justice of the 
by governor, peacc, aud as such shall give bond and take and subscribe 
^lagistmef® tlie same oath of office as is now or may hereafter be 
required of justices of the peace, by the laws of the state 
of Illinois. He shall be a conservator of the peace within 
Duties and pow- gaid city — he shall have power and authority to administer 

ers of police , :•' , , i ,,:''. , , 

magistrate. oatlis, issuc writs and process, take depositions, acknowl- 
edgments of deeds, mortgages and other instruments of 
writing, and certify the s;:me as other justices of the peace. 
'^poii'M*^''m'^a"is- ^^ &^y<^^\ have exclusive original jurisdiction in all cases 
trate. " whei'O a punishment is provided for by the ordinances of 
the city of Mattoon, and concurrent jurisdiction, power and 
authority in all cases whatsoever with justices of the peace, 
Fees of same, arising uudcr the laws of the state, and shall be entitled to 
• the same fees for his services as justices of the peace in 
similar cases : Provided^ that upon the necessary oath being 
made by the defendant, as required by the law governing 
Appeals and justiccs of tlic pcaco, a cliaiige of venue shall bo granted 
venuf.* '^ from the police magistrate of said city, in all cases (except 
in cases for the violation of any of the ordinances of said 
city) to the nearest justice of the peace, who is hereby 



CITIES. 259 

invested, in such cases, witli all the authority of the police 
magistrate, and he shall proceed to try the same : And, 
provided,, also, that either party shall have a right to appeal 
to the circuit court of Coles county in all cases in the same 
manner as is provided by law, regulating appeals from jus- 
tices of the peace. 

§ 14. The city marshal shall perform such duties as ^j^'l^^^j^^f °"^ 
shall be prescribed by the city council for the preservation 
of the public peace, the collection of license moneys, fines or 
otherwise. He shall possess the powers and authority of a 
constable at common law, and under the statutes of this 
state, and receive like fees, but shall not serve civil process 
without hrst entering into bond as such constable, to be 
approved by the county court as in other cases. He shall 
execute and return all process issued by any proper officer 
under this act or any ordinance in pursuance thereof. 

§ 15. The city engineer, or surveyor, shall have sole Duties and fees 
power, under the direction and control of the city council, neer '%r ^su!-'- 
to survey within the city limits, and he shall be governed ^eyor. 
by such rules and ordinances, and receive such fees and 
emoluments for his services as the city council shall direct 
and prescribe. He shall possess the same powers in making 
plats and surveys ^vithin the city, as is given by law to 
count}' surveyors, and the like effect and validity shall be 
given to his acts, and to all plats and surveys made by him. Powers of sur- 

O 7^1 «/ v f Y6V0r. 

as are or may be given by law to the acts, plats and surveys 
of the county surveyor. He shall, when required, superin- 
tend the construction of all public works ordered by the 
city, make out the plans and estimates thereof and contract 
for the erection of the same. He shall perform all survey- Duties of city 
ing and engineering ordered by the city council, and shall, ^^"^eyor. 
under their direction, establish the grades and boundaries of 
streets and alleys ; but such plans, estimates and contracts, 
grades and boundaries, shall be first reported to the city 
council and approved by them or they shall not be valid. 

§ 16. The assessor and collector shall perform all duties Duties of asses- 
in relation to the assessing of property for the purpose of ?or.^° 
levying the taxes imposed by the city council. In the per- 
formance of his duties he shall have the same powers as are 
or may be given by law to county or town assessors, and be 
subject to the same liabilities. On completing the assess- 
ment lists, and having revised and corrected the same, he 
shall sign and return them to the city council. He shall 
collect all taxes and assessments, which may be levied by 
the city council, and perform such other duties as may be 
herein prescribed or ordained by the city council. 

§ 17. The supervisors shall superintend all local im- Cities of su- 
provements in the city and carry into effect all orders of the p®'"^'^"'^^" 
city council in relation thereto. It shall also be their duty 
to superintend and supervise the opening of streets and 
alleys, and the grading, improving and repairing thereof, 



260 CITIES. 

and the construction and repairing of bridges, culverts and 
sewers; to order the hijing, re-laying and repairing of side- 
walks; to give notice to the ownersof property adjoining such 
*l°idewarks°'^ °^ sidewalks, when required, and upon the failure of any per- 
son to comply with such notice, to cause the same to be laid, 
relaid or repaired, and apportion the costs thereof among 
the persons or lots of property chargeable therewith, and 
deliver the account thereof to the clerk, to be laid -before 
the city council ; to make plans and estimates of any work 
ordered in relation to streets and alleys, bridges, culverts 
and sewers; to keep full and accurate accounts in appro- 
Duties of su- priate books, of all appropriations made for work pertain- 
pervisors. ^^^ ^^ [hew officc, and of all disbursements thereof, specifying 
to whom made and on what account; and they shall render 
monthly accounts thereof to the city council. 
what^ the city g 18. The city council shall have power, from time to 
requi're of"i*ty time, to rcquirc further and other duties of all officers whose 
oaicers. duties are herein prescribed, and prescribe the powers and 

duties of all officers elected or appointed to any office under 
this act, whose duties are not herein specially m3ntioned, 
and fix their compensation. They may also require all 
officers, severally, before they enter upon the duties of their 
respective offices, to execute a bond to the city of Mattoon, 
in such sum and with such securities as they may approve, 
conditioned that they shall faithfully execute the duties of 
their respective offices, and account for and pay over and 
deliver all moneys and other property received by them, 
which bond, with the approval of the city council certified 
thereon by the clerk, shall be filed in his office. 
Failure of city § 19. If any person, having been an officer of said city, 
liver bookt shall uot, witlijn tcu (10) days after notification and request, 
etc. to sucees- (jgjiyer to liis succcssor in office all the property, books, 
papers and effects of every description, in his possession, 
belonging to said city or appertaining to his said office, he 
shall forfeit and pay for the use of the city, fifty (50) dollars, 
beside all damages caused by his refusal or neglect so to 
deliver, and such successor may recover possession of the 
books, papers and effects belonging to his office, in the man- 
ner prescribed by the law of the state. 
oiEeers to be § 20. All ofiicers elected or appointed under this act 

commissioned , n i . . i , ^ ^i .i , i 

by city. snail be commissioned by wai rant, under the corporate seal, 

signed by the mayor, presiding officer of the city council 
or clerk. 



ARTICLE V. 
POWER OF THE CITY COUNCIL AND "DUTIES. 

City council. § 1. The mayor and aldermen shall constitute the city 

council of the city of Mattoon. The city council shall meet at 



CITIES. 261 

such time and place as they shall by resolution direct. The 

mayor, when present, shall preside at all meetings of the city Mayor shaiipre- 

council, and shall have only a casting vote. In'his absence, casting vote.'^ 

any one uf the aldermen may be appointed to preside. A 

majority of the persons elected aldermen shall constitute a 

quorum. 

§ 2. The city council shall receive such compensation pay of city 
for tlieir services as the city council may direct : Provided^ council. 
that no member of the city council shall receive more than 
three dollars for each regular monthly meeting of the city 
council, and not more than one dollar for every called or 
special meeting of the same ; and if any member shall be 
absent from any meeting of the city council, he shall not 
receive pay for that meeting. No member of the city 
council shall be appointed to, or be competent to, hold any 
office of which the emoluments are paid from the city trea- 
sury, or paid by fees directed to be paid by any act or ordi- 
nance of the city council, or be directly or indirectly city council not 
interested in any contract the expense or consideration in'^'^'contrlcts! 
whereof is to be paid under any ordinance of the city conn- •-''■c- 
oil, or be allowed to vote in any matter in which he is 
directly interested personally or pecuniarily. 

§ 3. The city council shall hold twelve stated meetings Meetings of the 

/ . 1 ■' 1 X T • 1 11 ° City council. 

(one m each month) during the year, and the mayor or any 

two aldermen may call special meetings by notice to each of the 

members of the city council, served personally or left at their 

usual places of abode. That said city of Mattoon shall not 

at any time issue city bonds for a greater amount than five city bonds. 

thousand dollars ($5,000) without submitting the question 

of issuing such bonds to a vote of the legal voters of said 

city, which vote or election shall be held as elections are 

now held under this charter for the election of such officers 

of the corporation, as by this act are required to be elected by 

a vote of the people. If there is a majority in favor of 

issuing bonds, then it shall be lawful for the corporation, 

acting through the proper officer, to issue bonds. Petitions 

and remonstrances may be presented to the city council, petitions, etc. to 

and they shall determine the rule of their own proceedings, ^''^ council. 

and be judges of the election and* qualification of their own 

members, and shall have power to compel the attendance 

of absent members. 

§ 4. The city council shall have the control of the finances C'ty^j coX^oi 
and of all the property, real, personal and mixed belonging hnances. 
to the corporation, and shall likewise have power within 
the jurisdiction of the city by ordinance. 

First. — To borrow money on the credit of the city and May borrow 
issue the bonds of the city therefor, but no sum of money shall "^°°®^" 
be borrowed at a higher rate of interest than the rate allowed 
by law, nor shall a greater sum or sums be borrowed, or at 
any time outstanding the interest upon the aggregate of 
which shall exceed the one-half of the city revenue arising 



262 CITIES. 

from the ordinary taxes within the city, for the year imme- 
diately preceding, and no bonds shall be issued or negotiated 
at more than ten per cent, below par vahie, and when so 
issued and negotiated the interest on the same shall not 

Appropriations cxcccd eight per cent, per annum. The appropriations ot 

lor expenses, ^^^ ^^^^ council for payment of interest for improvements 
and for city expenses during any one fiscal year, shall not 
exceed the amount of the whole ordinary revenue of the 
city for the fiscal year immediately preceding; but the city 
council may apply any surplus money in the treasury to the 
extinguishment of the city debt or the creation of a sinking 
fund for that purpose or to the carrying on of the public 
works of the city or the contingent fund for the contingent 
expenses of the city. 

Second. — To appropriate money and provide for the pay- 
ment of the debts and expenses of the city. 

General powers Tliivd. — To make regulations to prevent the introduction 
of city council. ^^ coutagious discascs into the city to make quarantine laws 
for that purpose, and to enforce them within the city and 
within five miles thereof. 

Fourth. — To make regulations to secure the general 
health and comfort of the inhabitants; to prevent, abate 
and remove nuisances, and punish the authors thereof by 
penalties, fines and imprisonment ; to define and declare 
what shall be deemed nuisances, and authorize and direct 
the summary abatement thereof. 

General powers Fifth. — To providc the city with water, to make, regulate 
of city council. ^^^ establish public wells, pumps and cisterns, hydrants and 
reservoirs, in the streets within the city or beyond the limits 
thereof, for the extinguishment of fires and the convenience 
of the inhabitants and prevent the unnecessary Avaste of 
water. 

Powers of coun- Sixth. — To liavc the exclusive power and control over 
*"'• the streets, alleys and highways of the city, and to abate and 

remove any encroachments or obstructions thereon ; to open, 
alter, abolish, widen, extend, straighten, establish, regulate, 
grade, clean, or otherwise improve the same — to put drains 
and sewers therein, and prevent the encumbering thereof in 
any manner, and protect the same from any encroachments 
or injury. 

May construct Seventh. — To establish, erect, construct, regulate and keep 
bndges, Itcf^^ ^'^ repair bridges, culverts and sewers, sidewalks and cross- 
ways, and regulate tlie construction and use of the same, 
and abate any obstructions or encroachments thereof; to 
establish, alter, change and straighten the channels of water 
courses and natural drains, to sewer the same, or wall them 
up and cover them over, and to prevent, regulate and con- 
trol the filling up, altering or changing the channels thereof, 
by any person or persons. 

Lipiiting the Eighth, — To provide for lighting the streets and erecting 
^^^^' lamp posts and lamps thereon, and regulate the lighting there- 



CITIES. 263 

of, and from time to time create, alter and extend lamp dis- 
tricts ; to exclusively regulate, direct aud control the laying 
and repairing the gas pipes and gas fixtures in the streets, 
alleys and sidewalks. 

Ninth. — To establish and erect markets and market houses Market houses 
and other public buildings of the city, and provide for the 
government and regulaiion thereof, and the erection and 
location, and to authorize their erection in the streets and 
avenues of the cities. 

Tenth.— ^0 provide for the inclosing, regulating and ini- Public grounds 
proving all public grounds and cemeteries belonging to the ries. 
city, and to direct and regulate the planting and preserving 
of ornamental and shade trees in the streets or public 
grounds. 

Eleventh. — To erect and establish one or more hospitals Hospitals. 
or dispensaries and control and regulate the same. 

Twelfth. — To prevent the encumbering of the streets, ^'t'',°^\s'^etc^ 
alleys, sidewalks or public grounds w4th carriages, wagons, 
cart's, wbeel-barrows, boxes, lumber, timber, fire wood, 
posts, awnings, signs, or other substances or material what- 
ever; to cotnpel all persons to keep the snow, ice, dirt and 
other rubbish from the sidewalks and street gutters in front 
of the premises occupied by them. 

• Thirteenth. — To license, tax and regulate merchants, com- LUenses and 
mission merchants, inn-keepers, brokers, money brokers, coundif *^''^ 
insurance brokers and auctioneers ; and to impose duties on 
the sale of goods at auction; to license, tax, regulate, sup- 
press and prohibit hawkers, peddlers, pawnbrokers, grocery 
keepers, and keepers of ordinaries, theatrical or other exhi- 
bitions, shows and amusements. 

Tourteenth. — To license, tax, regulate and suppress hack- Liceases. 
men, draymen, omnibus drivers, porters, and all others pur- 
suing like occupations, with or without vehicles, and pre- 
scribe their compensation ; and to regnlate and restrain 
runners for stages, cars and public houses. 

Fifteenth. — To license, tax, regulate, prohibit and suppress '^drjnkfn"^^*® 
billiard tables, pin alleys and bowling alleys ; to suppress and houses°^etc. 
restrain disorderly houses, tippling shops and groceries, baudy 
houses, gambling houses, lotteries and all fraudulent devices 
and practices, and all playing of cards, dice and other games 
of chance, with or without betting, and to authorize the 
destruction of all instruments and devices used for the pur- 
pose of gaming. 

Sixteenth. — To authorize the proper officer of the city to 
■grant and issue licenses, and to direct the manner of issuing 
and registering thereof, and the fees and charges to be paid 
therefor. No license shall be granted for more than one 
year, and not less than three dollars, or more than one 
thousand dollars shall be charged for any license under 
this act, and the fees for issuing the same shall not exceed 
one dollar, but no license for the sale of wines or other liquors, 



264 CITIES. 

ardent or vinous, fermented or malt, at wliolesale or retail 
by grocery keepers, inn-keepers, or others shall be issued 
for less than fitty dollars, or more than one thousand dol- 
lars. 
Eesirain the Seventeenth. — To restrain, regulate and prohibit the selling 
foie. of intox- qj. giving away of any intoxicating or malt liquors, by any 
ica iDg iquors. ^^^^^.^^^ vi^ithin tlic city, except by persons duly licensed ; 
to forbid and punish the selling or giving away of any in- 
toxicating or malt liquors to any minor, apprentice or ser- 
vant, without the consent of the parent, guardian, master or 
mistress. 
Forestalling Eighteenth. — To prevent, restrain and punish forestalling 

^°'^''^^"'"""^' and regrating ; to regulate the inspection and vending of 
fresh meats, poultry and vegetables, of butter, lard and other 
provisions, and the place and manner of selling fish and 
inspecting the same. 
Supervision of Nineteenth. — To regulate, license and prohibit butchers, 
butchers. ^^^^ to.rovoke their licenses for mal-condnct in the course of 

trade. 
Weights and Tioeutieth. — To establish standard weiglits and meas- 
measures. ^^^^^ ^^^ ^^ regulate the weights and measures to be 
used within the city, in all cases not otherwise provi- 
ded bylaw; to require all traders or dealers in merchan- 
dize or property of any description which is sold by meas- 
ure or weight to cause their measures and weights to be 
tested and sealed by the city sealer, and to be subject to 
his inspection. The standard of such weights and measures 
shall be conformable to those estabhshed by law or ordinance. 
Inspection of Tweuty-Jirst. — To regulate and provide for the inspecting 
lumber, etc. ^^^^ measuring of lumber, shingles, timber, posts, staves, 
heading and all kinds of building materials, and for the 
measuring of all kinds of mechanical work, and to appoint 
one or more inspectors or measurers. 
Regulating the Twenty -MConcL. — To provide for the inspection and weigh- 
luet etc.^''^^' ing of hay, lime and stone coal, and the place and m.anner 
of selling the same ; to regulate the measurement of iiro 
wood, charcoal and other fuel, to be sold or used within 
the city, and the place and manner of selling the same. 
Regulating the Twenty-thivd. — To regulate the inspection of beef, pork, 
meats and gro- flour, meal and other provisions, salt, whisky and other 
ceries. "" liquors, to be sold in barrels, hogsheads, and other vessels 
or packages ; to appoint weighers, gangers and inspectors, 
and prescribe their duties and regulate their fees : Provided, 
that nothing herein shall be so construed as to require the 
inspection of any articles enumerated herein which are to 
be shipped beyond the limits of the state, except at the 
request of the owner thereof, or his agent. 
Regulate sale Twenty-fouHli. — To regulate the weight and quality of 
of bread. ^^xQ bread to be sold within the city. 



CITIES. 265 

Twenty-fifth. — To rea:nlate the size and quality of bricks Regulating 
to be sold or used within the city, and the inspection '^'■"='^^- 
thereof. 

Twenty-sixth. — To create, establish and regulate the po- ciiy police. 
lice of the city ; to appoint watchmen and policemen, and 
prescribe their duties and powers. 

T'loenty-seventh. — To prevent and suppress any riot, rout. Maintain the 
affray, noise, disturbance or disorderly assembly in any p^i^I'^ peace, 
public or private place within the city, and to provide for 
the punishment of any and all persons engaged therein, by 
line or imprisonment, or both. 

Twenty-eighth. — To prohibit, prevent and suppress horse ^.^ prevent ra- 
racing, immoderate riding or driving in the streets, and to <^ing. and fast 
authorize persons immoderately riding or driving, as afore- "^'"^" 
said, to be stopped by any person ; to prohibit and punish 
the abuse of animals ; to compel persons to fasten their 
horses, or other animals attached to vehicles, or otherwise, 
while standing or remaining in the streets. 

Twentu-ninih. — To restrain and punish vas-rants, mendi- vagrants, pros- 

1 1 • o ? titiites etc 

cants, street beggars and prostitutes. 

Thirtieth. — To res-ulate, restrain or prohibit the runnino- Prevent the 

.1 ,.1 ^ ...1 • 1 . T " running at 

at large ot horses, cattle, swme, sheep, goats, and geese, large of ani- 
and to authorize the distraining, impounding and sale of '"^'^' 
the same for the costs of the proceedings and the penalty 
incurred, and to impose penalties on the owners thereof for 
the violations of any ordinances in relation thereto ; to 
regulate, restrain and prohibit the running at large of dogs, 
and to authorize their destruction when at large contrary to 
ordinance, and to impose penalties on the owners or keepers 
thereof, and to levy a special tax on dogs not exceeding one 
dollar. 

Thirty-first. — To prohibit and restrain the rolling of To prevent fly- 
hoops, flying of kites, or any other amusements or practices otLranaoylng 
tending to annoy persons passing on the streets or side- p''«<="c««- 
walks, or to frighten horses or teams ; to restrain and pro- 
hibit the ringing of bells, blowing of horns or bugles, crying 
of goods, and all other noises, performances and practices 
tending to the collecting of persons on the streets or side- 
walks, by auctioneers and others for the purpose of business, 
amusement or otherwise. 

Thirty-second. — To abate all nuisances which may injure To abate nuis- 
or affect the public health or comfort in any manner they '"'^^^" 
may deem expedient. 

Thirty third.— To do all acts and make all regulations 
which may be necessary or expedient for the promotion of 
health and the suppression of disease. 

Thirty fourth. — To compel the owner or occupant of any To preserve 
grocery, cellar, soap or tallow chandler, or blacksmith shop, 'Kty.'" '"* 
tannery, privy, stable, sewer or other unwholesome or nau- 
seous house or place ; to cleanse, remove or abate the same, 

Vol. 1—18 



266 CITIES. 

as may be necessary for the health, comfort and convenience 
of the inhabitants. 
Distilleries, Thiriij-fifth. — To direct the location and regulate tlie 

siatigiueri'ng management and construction of breweries, tanneries, black- 
houses, etc smith shops, fonnderies, livery stables and packing honses; 
to direct the location and regulate the management and 
construction of and restrain, abate and prohibit within the 
city, and to the distance of one mile from the limits thereof, 
distilleries, slaughtering establishments, establishments for 
steaming or rendering lard, tallow, offal and such other 
substances as may be rendered, and all other establishments 
or places where any nauseous, offensive or unwholesome 
business may be carried on. 
Burial of dead. T/iirtysixth. — To regulate the burial of the dead ; to 
establish or regulate one or more cemeteries ; to regulate 
^e^athl\nd ^hc registration of births and deaths ; to direct the return- 
births, ing and keeping of bills of mortality, and to impose penal- 
ties on physicians, and sextons, and others for any default 
in the premises, 
ciiy census. Thirty -Seventh. — To provide for the taking an enumera- 
tion of the inhabitants of the city. • 
Work house, or Thirty -eighth. — To erect and establish a work house or 
rectfon.°^ '^°'" house of corrcctiou, make all necessary regulations therefor, 
and appoint all necessary keepers or assistants. In such 
work house or house of correction may be confined all 
vagrants, stragglers, idle and disorderly persons, who may 
be committed thereto by an}'' pro]3er otticer, and all persoiis 
sentenced by any criminal court or magistrate in and for the 
city or for the county of Coles, 4or any assault and battery, 
petit larceny, or other misdemeanor punishable by imprison- 
ment in any county jail, and any person who shall fail or 
neglect to pay any fine, penalty or cost imposed by any 
ordinance ot the city, for any misdemeanor or breach of any 
ordinance of the city, may instead of being committed to the 
the county jail of Coles county, be kept therein subject to 
labor and confinement. 
Provision for Thirty-ninth. — To authorize and direct the taking up and 
a>en.'"^^ '^^'''" providing for the safe keeping and education, for such peri- 
ods of time as may be deemed expedient, of all children 
who are destitute of proper parental care, wandering about 
the street committing mischief, and growing up in mendi- 
cancy, ignorance, idleness and vice. 
To clean private Fortieth. — To fill up, drain, cleanse, alter, relay, repair 
premises. ^j^^-j rcgulatc any grounds, lots, yards, cellars, private drains, 
sinks and privies, direct and regulate their construction and 
cause the expenses thereof to be assessed and collected in 
the same manner as sidewalk assessments. / 
To regulate rail- Forty -first. — To direct and control the laying and con- 
road tracks, etc struction of railroad tracks, bridges, turn-outs and switches 
in the streets and alleys and the location of depot grounds 
within the city ; to require that railroad tracks, bridges, turn- 



CITIES. 267 

outs and switches, shall be so constructed and laid as to inter- 
fere as little as possible, with the ordinary travel and use of 
the streets and alleys, and that sufhcient space shall be left on 
either side of said ^tracks for the safe and convenient passage 
of teams and persons ; to require railroad companies to keep 
in repair the street through which their track may run, and 
to construct and keep in repair suitable crossings at the 
intersection of streets and alleys and ditches, sewers and 
culverts, where the city council shall deem necessary; to 
direct and prohibit the use, and regulate the speeed of loco- 
motive engines within the inhabited parts of the city ; to 
prohibit and restrain railroad companies from doing storage 
or warehouse business or collecting pay for storage. 

t'orty second. — The city council shall have power to open Power of city 

,'',,, ,i"^ .-, •!./? 1 Z council to ex- 

or extend streets or alleys across the right ot way, depot or tend streets 
other grounds of any and all railroads now built or hereaf- ^nd alleys. 
ter to be built through the corporate limits of said city. 
When any street or alley shall cross the right of way, depot, 
or other grounds of any railroad company, such com- 
panies shall construct and keep in repair such sidewalks 
as may be required by ordinance, and good and sufficient 
crossings across their right of way, depot or other grounds. 
If any company shall neglect or refuse to build or repair 
such sidewalks, crossing or crossings, when notified so to 
do in the manner prescribed by ordinance the city council 
may cause the same to be done and collect the cost thereof 
ft-om such company by action of debt or such other man- 
ner as may be provided by ordinance. 

Forty-third. — The city council shall have power to pass, Power to pass 
■publish, amend and repeal all ordinances, rules and police ordinances, 
regulations, not contrary to the constitution of the United 
States or of this state, for the good government, peace and 
order of the city, and the trade and commerce thereof that 
may be necessary or proper to carry into effect the powers 
vested by this act in the corpoi^ation, the city government or General powers 
any department or ofiicer thereof, to enforce the observance of city council 
of all such rules, ordinances and police regulations, and to c^t.yf°^^'^'^ 
punish violations thereof by fines, penalties and imprison- 
ment in the county jail, city prison or work house, or both, 
in the discretion of the court or magistrate before whom 
conviction may be had; but no tine or penalty shall exceed 
five hundred dollars, nor the imprisonment six months, for 
any oftence, such fine or penalty may be recovered with cost 
in an action of debt, in the name or for the use of the city, 
before any court having jurisdiction, and punishment inflict- 
ed, and any person upon whom any tine or penalty is 
imposed, shall stand committed until the payment of the 
same and costs, and in default thereof may be imprisoned 
in the county jail, city prison or work house, or required to 
labor on the streets or other public works of the city, for 



268 CITIES. 

such time and in such numner as may be provided by ordi- 
nance. 

ARTICLE YI. 
OF TAXATIOIf. 

§ 1. The city council sliall have power within the city 
by ordinance, 
Power fo levy FiTst. — To lay and collect annually,^ taxes not exceeding 
erar^)u°rpoies." ^^'^ (^) i^ii^ls to the dollar, ou the assessed value of all per- 
' sonal and real estate and other property within the city and 
all personal property of the inhabitants thereof, made tax- 
able by the laws of the state for state purposes, to defray 
the general and contingent expenses of the city not herein 
otherwise provided for, which taxes shall constitute the 
general fund. 
Tax to pay city Second. — To lovy and collect taxes not exceeding three- 
debt and inter- ^^^ jnills to the dollar, per annum on all property subject to 
taxation, to meet the interest accruing on the debt of the 
city; and the city council shall pass no ordinance or resolu- 
tion incurring or creating a debt, without at the same time 
making provision for levying a tax sufficient to meet the 
payment of the interest accruing thereon when ])ayable. 
Tax for public Third. — To annually levy and collect taxes on all property 
fi\iiidings. subject to taxation, when required for the erection of a city 
hali, market houses, hospitals, city prison or work house, 
the purchase of market grounds, public squares or parks, or 
any other public improvement: Provided^ the estimated 
cost of a city hall, work house or market house may be 
apportioned by the city council and collected by a series of 
annual assessments ; but the cost of market grounds, market 
houses, public squares or other improvements may be levied 
and collected upon all the real estate and other property in 
the natural divisions of the city in which they are located. 
No local improvement under this section shall be ordered 
in any division or ward, unless the aldermen from such ward 
* shall vote for the same ; but no tax or taxes shall be levied 
in any one year under this section, which shall exceed five 
(5) mills to the dollar (except by a vote of the people) on 
•' the property assessed for any or all the purposes herein 
specified. The revenue arising from such markets or other 
improvements, shall be applied to the liquidation of the cost 
thereof, and taxes shall be levied and collected to make up 
the deficiency. 
Tax for lighting Fourtli. — To Icvy and collect upon all property in such 
the city. districts as they shall from time to time create, a tax suffi- 

cient to defray the expenses of erecting lamp posts and light- 
ing the streets in such district or ward, and tlie tax tlius 
collected shall be exclusively expended for such purpose in 
the district or ward paying the same. 



CITIES. 269 

Fifth. — To require and it is hereby made tlie (\\\\y of Tax for street 
everA m le resident of the cit}'- over the n-e nt" twenty-one '*^°''" 
yeaiv ai.<! under the age of tifty years, to hiOor not li^ss than 
three «la\s in each year upon the streets and alleys of the 
city; lint any person may, at his option, pay in lieu thereof 
such c-'iuniutation as may be by ordinance' required. But 
no set-otf ^hall be {llloweti in any suit brou^uht to collect the 



ARTICLE YII. % 

ALLEYS AND ASSESSMENTS THEKEFoK. 

§ 1. The city council shall have power, on the petition Power to open 
of lot owi'or or owners, in any block, to cause an alley or * ^^^' 
alleys t(» be opened in the same; but no petition shall be 
considered by the city council unless the petitioner or peti- 
tioners ,-liall have lirst notified all persons owning prop^-rty 
in said 'lock, by personal ii-otice, or if non-re.>idents, by 
publication in the newspai)er publishiuij the ordina ices of 
the city, of his or their intention to ofier a petition for said 



§ 2. If any owner or lessee, of any lot or property in i" 



case of re- 



monstrance 



said block, shall object or remonstrate against the opening against open- 
of an alley in the same, then it shall be tlje duty of the cily '"s«"«y«- 
council to appoint, by ballot, three disinterested comrais- 
sionei's, who shall be sworn to discharge their duty in a 
faithful and impartial manner. 

§ 3. The commissioners shall give at least five days' Proceedings of 
notice to all parties interested, of the time and place of their to^'^aseertafn 
meeting, at which time they shall pntceed to ascertain the belTems! ""^ 
damages, if any, accruing to the person or persons objecting 
and remonstrating, and at the same time to ascertain what 
person or persons are benefited by the contemplated alley, 
and assess the benefits on the persons or propeity benetjted, 
as near as may be, in proportion to such benefits; but no 
assessments shall be made on property outside of the block in 
which the alley is contemplated, nor for a less sum than the 
dama<_'es awarded. Having completed their avvards and 
assessments, the commissioners shall repoit the same, in 
writing, at the next regular meeting of the city council. 

§ -1. Ir shall be the duty of the city clerk to iiotify all city eierk shall 
persons interested of the awards and assessments ot the alvardTaDdas*- 
commissioners, and state the time at which the city council ^essments. 
will consider and pass upon the same^ at which meeting the 
persons assessed and the persons to whom damages are 
awarded, shall have the privilege of appearing to show cause, 
if any, why said awards and assessments should not be con- 
firmed by the city council. 

§ 5. The city council shall have the power to alter, city council 
amend, confirm or reject said awards and assessments, or ^hL'^c^ommis- 
refer back said application and remonstrance to the same or »^°'^«'^- 



270 CITIES. 

other commissioners, to be appointed in like manner in their 
stead. If the awards and assessments are confirmed, an 
order of Cdnfirmatioii shall be entered directing a warrant 
to issue for the collection thereof. 

§ 6. No alley shall be opened unless the damages awarded 
shall have lirst been paid into the city treasury. 

§ 7. The city treasurer shall hold the funds so paid, 
subject to the order of the party or parties in whose favor 
the assessment was made, and wdien all the assessments 

f levied shall have been paid into the city treasury it bhall be 

the duty of the city council to direct that an order issue for 
the opening of the alley petitioned for. 

Proceedings in 8 S. Where any knowu owuer or othcr pcrsou, proving 

case of minors -.. .. '' ■> , . • ■•■ .,, ., i" 

interested in an interest m any real estate, residing in the city or else- 
brcond'emned° wlicrc, sliall bc a miuor, and any proceedings shall be had 
under this act, the judge of the circuit court of Coles county, 
the county judge of said county, or any judge of the su- 
preme court may, upon the application of the city council, 
or such infant, or his next friend, appoint a guardian for 
such minor, taking security from such guardian for the 
faithful execution of such trust, and all notices and sum- 
mons required by this act shall be served on such guardian. 

ARTICLE Till. 

OF ASSESSMENTS FOR OPENING STREETS AND PUBLIC GROUNDS. 

^^Tmcii°^ ^'to § ^- '^'^^ ^^^y council shall have power to open and lay 
make ftssess- out public grounds or squares, streets and highways, and to 
ing^trects°ami alter, widcu, coutract, straighten and discontinue the same, 
public grounds -q^^^ ^^^ Street, alley or highway, or any part thereof, shall 
be discontinued or contracted, without the consent, in wri- 
ting, of all persons owning land or lots and adjoining said 
street, alley or higliway. They shall cause all streets or 
highways and public squares or grounds, laid out by them, 
to be surveyed, described and recorded in a book, to be 
kept by the clerk, showing accurately and particularly, the 
proposed improvements and the real estate required to be 
taken, and the same when opened and made shall be [)ublic 
highways and public grounds, 
-roeeedings in g 2. Whenever any Street or highway, public grouiid Or 
fng^st'reetT^or squarc is proposed to be laid out, opened, altered, widened 
pubiicgrounds ^_,j. gt,,.^i^.i,teiied by virtue hereof, and the amount of com- 
pensation can not be agreed upon, the city council shall give 
notice of their intention to appropriate and take the land 
necessary for the same, to the owner thereof, by ])ublishing 
said notice for ten days in the newspaper publishing the 
ordinances of the city, at the expiration of which time they 
shall choose, by ballot, three disinterested freeholders, resi- 
ding in the city, as coininissioners, to ascertain and assess 
the damages and recompense due the owmers of said real 
estate respectively, and at the same time to determine what 
persons will be benefited thereby, in proportion as nearly 



CITIES. 271 

as may be, to the benefits resulting to each. A majority of 
all the aldermen authorized by law to be elected, shall be 
necessary to a choice of such commissioners. 

§ 3. The commissioners shall be sworn faithfully and ^j^Jl^^.^on'^J.r"'" 
impartially to execute their duties to the best of their abili- 
ties. Before enterino; upon their duties they shall give at 
least five days' notice to all persons interested, of the time 
and place of their meeting, for the purpose of viewing the 
premises and making their assessments, which notice shall 
be given personally, if the owners are residents and known, 
or by publication in the news[»aper publishing the ordinan- 
ces of the city, if non-residents, or unknown. They shall 
view the premises, and in their discretion receive any legal 
evidence, and may, if necessary, adjourn from day to day, 

§ 4. If there should be any building standing in whole mease of buiid- 

• . i 1 1 1 i 1 J. 1 ii • • i'lf? on land to 

or in part, upon the land to be taken, the commissioners be used for 

before proceeding to make their assessments, shall first ^^^1'° ^""^ 

estimate and determine the whole value of such building 

to the owner, aside from the value of the land, and the 

actual injury to him in having such building taken from 

him, and secondly the value of such building to him to 

remove. 

§ 5. At least five (5) days' notice shall be given to the 
owner of such determination when known and a resident 
of the city, which may be given personally or in writing 
left at his usual place of abode. If a non-resident, or un- 
known, like notice to all persons interested, shall he given 
by publication in the newspaper, publishing the ordinances 
of the city, such notice shall specify the buildings and the 
award ot the commissioners and shall be signed by them. 
It shall also require the persons interested to appear by a 
day to be named therein, or give notice of their election, to 
the city council either to accept the award of the commis- 
sioners and allow such building to be taken with the land 
condemned, or appropriated, or of their intention to receive 
such building at the value set thereon by the commissioners 
to remove. If the owner shall agree to remove such build- 
ing he shall have such reasonable time for that purpose as 
the city council may direct. 

§ 6. If the owner refuse to take the building at its i" ^c'lse of re- 
appraised value to remove, or fails to give notice of his inten- owner ° 
tion as aforesaid, within the time prescribed, the city coun- 
cil shall have power to direct the sale of such building at 
public auction for cash, or on credit, giving five (5) days 
public notice of the sale. The proceeds of the sale shall he 
paid to the owner or deposited to his use. 

§ 7. The commissioners shall thereu'pon proceed to 
make their assessment and determine and appraise to the 
owner the value of the real estate appropriated and the 
injury arising from the condemnation thereof, which shall 
be awarded to such owner as damages, after making due 



272 CITIES, 

allowance therefrom, for any benefit whicli such owner may 
derive from such improvement. In the estimate of dam- 
a2;es to the land, the commissioners shall include the value 
of the buildings if the pro])erty of the owner of the land 
as estimated by them as aforesaid, less the proceeds ot the 
sale thereof, or it taken by the owner at the value to remove 
— in that case they shall only include the difference between 
such value, and the whole estimated value of such building. 
Duties of ap- § 8. If the damages to any person be greater than the 
mfssiolerr™' benefits received, or if the benefits be greater than the 
damages, in either case the commissioners shall stiike a 
balance and carry the difference forward to another cohimn, 
so that the assessment may show what amount is to be 
received or paid by such owner respectively, and the difi\?r- 
ence only, in any case, be collected of or paid by them. 

§ 9. If the lands and buildings belong to different per- 
sons, or if the land be subject to lease or mortgage, the 
injury done to such persons, respectively may be awarded 
to them by the commissioners, less the benefits resulting to 
them respectively, from the imi)rovements. 

§ 10. In case the damages arising from the opening of 
any street, highway, or otiier public improvment, exceeds 
the benefits accruing to the real estate through which it 
passes, or adjacent thereto, then the commissioners shall 
assess the difference on the inhabitants of the city, ward or 
district. 
Proceedinss of § 11. Having ascertained damages and expenses of such 
nmaloners?'''"' iiiipi'*^ cement as aforesaid, the commissioners shall there- 
upon apportion and assess the same together with the costs 
of the ))roceedings upon the real estate by them deemed 
benefited in proportion to the benefit resulting from the 
improvements as nearly as may be, and shall describe the 
real estate upon which tneir assessment shall be made. When 
completed the commissioners shall sign and return the same 
to tlie city council, within ten days after completing the 
same. 

Notice to boKiv jv 12. The clcrk shall <>ive ten (10) days' notice by pub- 
en by uio cieik , . '\. . , ^ 1 1- 1 • ^I T f 4.1 

lication m tlie newspaper publishing the tu-dmances oi the 
city, that such assessment has been returned, and on a day 
to be specified therein, will be confirmed by the city council, 
unless objections to tlie same are made by some person 
interested. Objections shall be heard before the city coun- 
cil, and the hearing may be adjourned from day to day. 
The city council shall have power in their discretion, to 
confirm or annul the assessment, or refer the same back to 
the commissioners. If annulled all the proceedings shall be 
void, if confirmed, an order of confirmation shall be entered, 
directing a warrant to issue for the collection thereof. If 
referred back to the same or other commissioners, they 
shall proceed to make their assessment and return the 
same in like manner, and give like notices as herein required 



CITIES. 273 

in relation to the first, and all parties in interest shall have 
the like notices and rights, and the city council shall per- 
form like duties and have like powers in relation to any 
subsequent determination, as are herein given in relation to 
the first. 

S 13. The city council sliall have power to remove com- Removal of 

.o . _ »' . . • i 1 • 1 commissioners 

missiouers, and irom tnne to time appoint others m place 
of such as may be removed, or refuse, neglect, or are unable 
from any cause to serve. 

§ U. The land required to be taken for the making, L'^^'^^^^ ^to^^^b^ 
opening, widening, straightening or altering any street, alley lic uses. 
or other highway, or public ground or square, shall not be ap- 
propriated until the damages awarded therefor, to any ownier 
thereof, under this act, shall be paid or tendered to such owner 
or his agent, or in case such owner or his agent can not be 
found within the city, deposited to his or their credit in 
some safe place of deposit, other than the treasurer's hands, 
and then, and not before, such lands may be taken and 
appropriated for the purpose required in making such im- 
provements, and such streets, alleys, or other highways or 
public grounds may be made and opened. 

§ 15. When the whole of any lot or parcel of land ^^!,^^^-,^^g ^J 
or other premises under lease or other contract shall be 
taken for any of the purposes aforesaid, by virtue of this tracts." 
act, all the covenants, contracts and engagements between 
landlord and tenant, or any other contracting parties 
touching the same or any part thereof, shall upon the con 
firmation of the report of the commissioners respectively, 
fully. cease and be absolutely discharged. 

§ 16. When part only of any lo^ or parcel of land or ^JSthe'iLd 
other premises, so under lease or contract, shall betaken is taken. 
for any of the purposes aforesaid, by virtue of this act, all 
the covenants, contracts, agreements and engagements 
respecting the same upon the confirmation of the report of the 
commissioners, shall be absolutely discharged as to that part 
thereof, so taken, but shall remain valid as to the residue 
thereof; and the rents, consideration and payments received, 
]»ay able and to be paid for or in respect to the same shall be so 
proportioned as that part thereof justly and equitably pay- 
able for such residue thereof, and no more, shall be paid or 
recoverable in any respect of the same. 

§ 17. Any person interested may appeal from any order °^^°^'^^p°^j^\*°o 
of the city_ council for opening, altering, widening or the ' circuit 
straightening any street or other highway, or public ground, '"'"'''• 
to the circuit court of Coles county, by notice in writing to 
the mayor, at any time before the expiration of twenty (20) 
days after the passage of said final order. In case of appeal 
the city council shall make a return within thirty (30) days 
after notice thereof, and the court shall at the next term after 
return filed in the office of the clerk thereof, hear and 
determine such appeals and confirm or amend the proceedings 



274 ' CITIES. 

form which judgment no appeal or writ of error shall lie. 
Upon the trial of the appeal all questions involved in said 
proceeding, inchiding; the amount of damages, shall be open 
to investigation by affidavit or oral testimony adduced to 
the court, or upon application of the city, or any party. 
The amount of damages may be assessed by a jury of said 
court, without formal pleadings, and judgment rendered 
accordingly, and the burden of the proof shall in all cases be 
upon the city, to show that the proceedings are in conformity 
with this act. 
The owner and § 18- In all cascs where there is no agreement to the 
not the tenant contrary, the owner or landlord and not the tenant occuiiant, 

shall be con- ^ t, , '' ' ^ , ^ ^ 111 1 1 , 

sidered as the shall be deemed the person who shall and ought t<:) pay 

interested par- ^^^| bear, every assessment made for the expense of any 

public improvement. Where any such assessment shall be 

made upon or paid by any person, when by agreement or 

by law the same ought to be borne or paid by any other 

person, it shall, be lawful for one so paying, to sue for and 

recover, of the persons bound to pay the same, the amount 

so paid with interest. Nothing herein contained shall in 

any way impair or afiect any agreement between landlord 

and tenant, or other person, respecting the payment of 

such assessments. 

City council § 19- The city council may, by ordinance, make any 

thtV°eiwfbed changes they may deem advisable, in the proceedings here- 

mode of ap- in prescribed, for ascertainina; the damages and iniurv oc- 

praising and K , , ' ° i , , , .^ ^i 

condemning casioncu to any persou or real estate by reason ot the 
land. condemnation of such real estate, or any real estate upon 

which any buildings may be situated, in whole or in parf-, 
and the assessmeii^t of such damages and injury upon per- 
sons or real estate benefited by the improvement, and in 
a!l such other respects as experience may suggest, 
incasetheown- § 20. Where any kuowu owner, or other person, prov- 
er is a minor, jjjg j^jj interest in any real estate, residing in the city or 
elsewhere, [who] shall be a minor, and any proceedings shall 
be had under this act, the judge of the circuit court of Coles 
county, the county judge of said county, or any judge of 
the supreme court, may, upon the application of the city 
council, or such minor or his next friend, appoint a guardian 
for such minor, taking security from such guardian for the 
faithful execution of such trust, and all notices and sum- 
mons required by this act, shall be served on such guardian. 

ARTICLE IX. 
rUBLIC IMPROVEMENTS, AND ASSESSMENTS TUEREFOK. 

Grading of § 1. Tlic city couucil sliall liavc power, from time to time, 
s reets, etc. ^^ causc any street, alley or other highway to be graded, re- 
graded, levied, paved or planked, and keep the same in 
repair, and alter cind change the same. 



CITIES. 275 

Second — To cause cross and sidewalks, main drains and sidewalk?, etc. 
sewers and private drains to be constructed and laid, re-laid, 
cleansed and repaired, and regulate the same. 

Third — To grade, improve, protect and ornament any Puwie grounds, 
public square or other public ground now or hereafter laid 
out. 

■FoxLTth — The city council shall have power to assess and Assessments for 

It , . !• .1 /> 1 , 1 improvements 

collect any tax or assessment oi tlie owners ot lots or real on owners, 
estate in any street or other highway, or any part thereof, 
in the same manner as other city taxes, or in such manner 
as may be prescribed by ordinance, for the purpose of 
grading, paving or planking such streets or other highways: 
Provided^ that such tax shall not exceed five mills to the 
dollar per annum of the vahie of the property assessed. 

§ ^. That for the purpose of establishing a system 'of sewerage and 
sewerage and drainage, the city council may have power to ^^^"^^^e. 
cause the city to be laid off into districts, to be di-ained by 
principal and lateral or tributary sewers and drains, having 
reference to the general plan of drainage by sewers and 
drains for the whole city, and number and record the same, 

§ 3. Whenever a majority in number of the owners of Tax for drains 
real estate within any district shall petition the city council 
for the con6tructit)n of such drains or sewers in such district, 
the city council shall have power to levy and collect a 
special tax, and the real estate within the district so drained, 
and not to exceed live mills to the dollar per annum, on the 
assessed value thereof in proptjrtion to the benefits to faid 
real estate, for the purpose of constructing such sewers and 
drains, which tax shall be annually levied, as other city 
taxes, by law, and shall constitute a lien on the real estate 
in the district in which it is assessed ; and the city council 
shall provide for the construction and letting of such sew- 
ers and drains, or such parts thereof as they shall deem 
necessary, and may, from time to time, extend, enlarge or 
alter the same, upon such terms and conditions as they f»hall 
deem necessary ; and the city council shall have power to 
borrow money for the construction of such sewers and 
drains, payable, principal and interest, from the special tax 
collected in such districts, or the city council may apportion 
the estimated cost of such drains and sewers, and collect 
the same by a series of annual assessments, but no ordi- ^o ordinance 

.y 111, • ^ . • , 1 11 creating a debt 

nance creating such debt, special tax or apportionment shall to be repealed 
be repealed or altered until the debt created thereby shall rs^pail''^ '^^^^ 
have been paid. 

§ 4. All owners or occupants of lots or lands in front Power to order 
of, adjoining, or upon whose premises the city council shall J^o^t^^ *» ^^ s"^** 
order and direct sidewalks or private drains, communicating 
with any main drain to be constructed, graded, repaired, re- 
laid, or cleansed, or shall declare any such land or lots to 
be nuisances, and order the same to be graded, filled up and 
drained, or otherwise improved, shall make, grade, repair 
or relay such sidewalk, or make, repair or cleanse such pri- 



276 CITIES. 

vate drain, or grade, fill up, drain or otherwise improve 

such lot or land at their own cost and charges, within the 

time and in the manner prescribed by ordinance, or other- 

^r^epXs oif fws wise, and if not done within the time and iu the manner 

and grounds, prescribed, the city council mav cause the same to be con- 

and assess the ^, , , ' . t "^ , • i i " t i--n -\ i ^ i • 

cost thereof, structcd, repaired, relaul, cleansed, tiled up, graded, drain- 
ed, or otherwise improved, and assess the expense thereof, 
by an order to be entered in their proceedings, upon the 
lots and lands respectively, and collect the same by warrant 
and sale of the premises as in other cases. A suit may also 
be maintained against the owner or occupant of such 
premises for the recovery of such expenses, by action of 
assumpsit. 
Costs for aba- S 5. In all cascs where expenses maybe incurred in the 

ting nuisances. * t i- ■ ^i . -j^ •■» xi 

removal ot any nuisance, the city council may cause the 
same to be assessed against the real estate chargeable there- 
with, iu the same manner prescribed in the foregoing sec- 
tion. Such expenses may be likewise collected of the 
owner or occupant of such premise^, in suit i'or money ex- 
pended to his or their use, and in case the same should not 
Suit may be be chargeable to any real estate, suit may in like manner be 
brought. brought for such expenses against the author of such 
nuisance, if known, or any person whose duty it may be 
to remove or abate the same. 
Power to com- § 6. The city council shall have power to compel the 

pel owners to „ i- i , i i- , • T • • • i 

keep their owncrs ot lots or grouud fronting or adjoining any private 
grounds clean, or public alleys to keep the same'clear, and if necet^sary, to 
direct the same to be paved, planked. or othei-wise im- 
proved, and the cost thereof to be assessed and collected iu 
the same manner as sidewalk assessments. 

ARTICLE X. 



Form of assess- § 1. The city couiicil sliall have power, by ordinance, to 
prestribe the form of assessment lists, and prescribe the du- 
ties and define the powers of assessors. They may also 
make such rules and give such directions in relation to re- 
vising, altering or adding to the lists as they may deem 
proper and expedient. 

§ 2. The annual lists shall be returned by the assessor 
on or before the first Monday in August in each year, but 
the time may be extended by order of the city council. On 
the return thereof the city council shall fix a day for hear- 
ing objections thereto, and the clerk shall give notice t)f the 
time and lAace of such hearing by publication in the news- 
paper publishing the ordinances of the city, and any person 
feeling aggrieved by the assessment of his property, may 
Correcting the ap[)ear at the time specified and make his objections. The 
lists!^™^"' city council shall have power to supply omissions in said 
assessment lists, and for the purpose of equalizing the same, 
to alter, add to, take from and otherwise correct and revise 



CITIES. 277 

the same, or to refer the same back to the assessor, with in- 
structions to reviseand correct the same. 

§ 3. When the assessment lists have been corrected and 
revised the same shall be hied, and an order confirming the 
same and directing the warrant to be issued for the collec- 
tion thereof, shall be entered by the clerk. The city coun- 
cil shall thereupon, by an ordinance or resolution, levy such Apportioning 
sum or sums of money as may be sufficient for the several *'^® ^^''' 
purposes for which taxes are herein authorized to be levied, 
not exceeding the authorized per centage, particularly speci- 
fying the purposes for which the same are levied, and if not' 
for general purposes, the division or ward of the city upon 
which the same are levied. 

§ i. All taxes and assessments, general or special, levied 
or assessed, by the city council, under this act or any ordi- 
nance in pursuance thereof, shall be a lien upon the real es- 
tate upon which the same may be imposed, voted or assessed, 
for two years from and after the corrected assessment lists 
shall be confirmed, or the passage of the order for assess- 
ment, aud on personal estate from and after the delivery of 
the warrant for the collection thereof until paid, and no sale 
or transfer shall aftect the lien. Any personal property be- Modes of en- 
longing to the debtor may be taken and sold for the pay- payment *of 
ment of taxes on personal Or real estate, and the real estate *'''''°^- 
shall be taken for the taxes on personal estate in case of 
removal or when the tax can not be made out of the per- 
sonal estate, in the same manner as is prescribed by the 
laws of the state : Provided, that in case the collection of 
any assessments shall be delayed by injunction or other 
judicial proceedings, the same shall continue a lien upon 
the real estate for the period of two years from and after 
the linal disposition of such injunction or other judicial 
proceeding, 

§ 5. The clerk shall issue a warrant or warrants for the cierk <o issue 
taxes, and rule therein separate columns, in which the taxes TallT^ ^°"^ 
levied shall be separately set down opposite the name of the 
person of such real estate subject thereto. Each column 
shall be headed with the name of the tax therein set down. 

§ 6. All warrants issued for the collection of general or Warrant to be 
special taxes and assessments shall be signed by the mayor sHild. °°"* 
and clerk, with the corporate seal thereto attached, and 
shall contain true and perfect copies of the corrected assess- 
ment lists upon which the same may be issued. They shall 
be delivered to the collector for collection within thirty 
days after the filing of the corrected lists, unless fur- 
ther time for this purpose shall be given by the city coun- 
cil. If not otherwise paid, the collector shall have power 
to collect said taxes, with interest and costs, by suit, in 
the corporate name, or by distress and sale of personal 
property as aforesaid, after a demand and refusal to pay the 
same : Provided, a notice published by the collector for ten 



278 CITIES. 

(10) days in the newspaper printing the ordinances of the 

city shall be deemed a demand, and a neglect to pay taxes 

What shall be for twenty days thereafter shall be deemed a refusal. The 

[u^sauo pay/^" asscssor's lists sliall in all cases be evidence on the part of 

the city corporation. 
Collector shall i^ 7. All taxcs and assessments, general or special, shall 

collect taxes ■» 

be collected by the collector m the same' manner and with 
the same power and authority, as is given by law to collect- 
ors of county and state taxes. He shall pay the same, as 
fast as collected, into the city treasury, and his duty in re- 
gard to returning warrants and settling with the city, and 
his liability in case of default or misconduct, shall ho the 
same as prescribed by law : Fromded^ the city council shall 
have power to prescribe the powers, duties and liabilities of 
collectors by ordinance. 

Delinquent tax g g. In casc of the nou-payment of any taxes or assess- 
ments levied or assessed under this act, the premises. may 
be sold for the payment thereof, after notice and judgment 
in the county court, at any time within two years alter the 
coniirmation of the assessment by the city council. Before 
any such sale or order shaK be made by the city council, 
which shall be entered at large in the journals or record 
kept by the clerk, directing the collector to sell, particularly 
describing the delinquent premises to be sold, and the 
assessment for which the sale shall be made, a certiiled 
copy of which order, under the corporate seal, signed by 
the mayor or presiding officer and clerk, shall be delivered 
to the collector, upon which he shall procure judgment as 
provided by the revenue laws of Illinois, which, together 
with the warrant, shall constitute the process upon which 
such sale may be made. 

Acivertising de- § <). The collcctor shall then ad vcrtisc such premises in 
saiesr° ^^ the newspaper publishing the ordinances of the city, for 
sale at least thirty days from and after the first publication 
of such notice, describing the premises by figures or other- 
wise, with thenameof the owner(when known) and the seve- 
ral amounts of the taxes and assessments thereon and costs. 
Said notice shall also contain the time and place of sale and 
shall be published at least four times. The proceedings 
may be stopped at any time on the payment of the taxes or 
assessment and interest with expenses of advertising. 
§ 10. All sales shall be conducted in the manner 

Mannerofmak- required by law. The sale shall be made for the smallest 

ing delinquent -i . ,'' , , , „ , • i ,• i 

tax sales. portiou <>t ground, to be taken ironi the east side ol the 
premises, for which any person will take the same and pay 
the taxes or assessments thereon with interest and costs of 
sale. Duplicate certificates of sale shall be made and sub- 
scribed by the collector, one of which shall be delivered to 
the purchaser and the other filed in the office of the clerk, 
which certificate shall contain the name of the purchaser, a 



CITIES. 279 

description of the premises sold, the amount of taxes or 
assessments, with the interest and expenses, for which the 
same was sohl, and the time when the right to redeem will 
expire. The collector shall be allowed tiie same tees for 
selling as arc allowed for similar services, or his fees may 
be regulated by ordinance. The clerk shall keep a record 
of such sales, which shall be opened to public inspection at all 
reasonable times. 

§ 11. The right of redemption in all cases of sales for Redemption of 
taxes or assessments shall exist to tlie owner, his heirs, credi- taxes!" 
tors or assigns to the same extent as is allowed by law in 
cases of sales of real estate for taxes, on the payment in 
specie of double the amoupt for which the same was sold, 
and all taxes accruing subsequent to the sale, with interest. 
If the real estate of any infant^ femme covert or lunatic be Redemption in 
sold under this act, the same may be redeemed at any time femme covert', 
within one year after such disability is removed. In case <^t°- 
of redemption, the money may be paid to the purchaser, or 
for him to the city clerk, who shall make a special deposit 
thereof with the treasurer, taking his receipt therefor. If 
not redeemed according to law, the city council shall, upon 
the return of the certificate or proof of its loss, direct a deed 
to be executed to the purchaser under the corporate seal, 
signed by the mayor or presiding officer of the city council, 
and countersigned by the clerk, conveying to said purchaser 
the premises so sold and unredeemed as aforesaid. An ab- 
stract of all deeds so made and delivered, shall be entered 
by the clerk in the book wherein tax sales are recorded. A 
fee of one dollar may be charged by the clerk for any deed 
so issued. 

§ 12. The assignee of any tax certificate of any premi- ^e^^ds for tax 
ses sold for taxes or assessments under authority of the city 
council shall be entitled to receive a deed of such premises 
in his own name and with the same effect as though he had 
been the original purchaser. 

§ 13. If at any sale of real or personal estate for taxes in case of no 
or assessments, no bid shall be made for any parcel of the land'tobi^^ 
land or any goods and chattels, the same shall be struck off t^e^c^i^"^'" 
to the city, and thereupon the city shall receive in the cor- 
porate name, a certificate of sale thereof, and shall be 
vested with the same rights as other purchasers at such 
sales. 

§ 14. All deeds made to the purchasers of lots sold foi Tax deeds shau 
taxes or assessments by order of the county court, shall be evid^enTe! ^^^'^ 
prima facie evidence in all controversies and suits in rela- 
tion to the rights of the purchaser, his heir or assigns, to 
the premises thereby conveyed, of the same facts as provi- 
ded by general laws upon the subject of tax deeds. 



280 CITIES. 



ARTICLE XI. 
FIRK DEPARTMENT. 

. § 1. The city council, for the purpose of ffuardinc: 

Powers to guard c. ■ , -^ . . ., ?. i ii i . i -i •, 

against fires, agaiust tliG Calamities ot hre, shall have power to prohibit 
the erection, placing or repairing wooden buildings within 
the limits prescribed by them, without their permission and 
direction, and prescribe that all buildings within the limits 
prescribed shall be made or constructed of lire proof mate- 
rials, and to prohibit the re-building or repairing of wooden 
buildings within the fire limits, when the same shall have 
been damaged to the extent of fifty per cent, of the value 
thereof, and to prescribe the manner of ascertaining such 
damage ; to declare all dilapidated buildings to be nuisances 
and to direct the same to be repaired, removed or abated 
in such manner as they shall prescribe and direct ; to de- 
clare all wooden buildings within the fire limits which they 
may deem dangerous'to contiguous buildings, or in causing 
or promoting fires, to be nuisances, and to require and cause 
the same to be removed or abated in such manner as they 
shall prescribe : Provided^ that said city council shall pay 
for all buildings so taken or declared nuisances. 
Power to regu- § 2. The city council shall have power, First, to regu- 
chTmnrs '^""^ ^^^^ ^^^^ construction of chimneys and flues so as to admit of 
chimney sweeps or other mode of cleaning, and to compel the 
cleaning and sweeping of chimneys. 
Fire places and Second.—To prevent and prohibit the dangerous con- 
stovepipes, struction and condition of chimneys, flues, fire-places, 
stove-pipes, ovens, or any other apparatus used in or about 
any building or manufactory, and to cause the same to be 
removed or placed in a secure or safe condition, when con- 
sidered dangerous. 
Regulate depo- Third. — To prevent the deposit of ashes in unsafe places, 
su of ashes, and to appoint ouc Or morc officers to enter into buildings 
and inclosures to examine and discover whether the same 
are in a dangerous state, and to cause such as may be dan- 
gerous to be put in safe condition. 
Power to com- Fouvth. — To require the inhabitants to provide as many 
Eeep weHslnd ^^^ buckcts, and in such manner and time, as they shall 
cisterns. prcscribc, and to regulate the use thereof in times of fire; 
and to require all owners and occupants of buildings to 
construct and keep in repair wells or cisterns upon their 
premises. 

Fijth. — To regulate and prevent the carrying on of 
manufactories and works dangerous in promoting or caus- 
ing fires. 
To prohibit fire ^SixtJi. — To rcgulatc, prevent and prohibit the use of fire- 
works, etc. works and fire-arms. 



CITIES. 281 

Seventh.— To direct and prohibit the management of concerning 
houses for the storing of gun powder and other combustible s"" powder. 
and dangerous mate'rial within the city ; to regulate the keep- 
ing and conveying of the same, and the use of candles and 
other lights in'stables and other like houses, 

Eighth. — To regulate and prescribe the manner and order conceruinKpar- 
the building of parapet and partition walls, and partition fencesT"'^^ '''^'^ 
fences. 

JNinth. — To compel the owners or occupants of houses or 
other buildings to have scuttles in the roofs and stairs or 
ladders leading to the same. 

Tenth. — To authorize the mayor, fire-wardens, or other Authority to 
officers of said city to keep away from the vicinity of any awayfromfirel 
fire, all idle or suspicious persons, and to compel all officers 
of the city, and all other persons, to aid in the extinguish- 
ment of fires and in the preservation of property exposed 
to danger thereat, and in preventing goods from being 
stolen. 

Eleventh. — And generally to establish such regulations 
for the prevention and extinguishment of fires as the city 
council may deem expedient. 

§ 3. The city council may procure fire engines and all Fire engines. 
other apparatus used for the extinguishment of fires, and 
have the charge and control of the same, and provide fit 
and secure houses and other places for keeping and pre- 
serving the same, and shall have power— 

Eir&t. — To organize fire, hook, hose, axe and ladder com- s°o^ compa- 
panics. 

Second. — To appoint during their pleasure, a competent Appointment of 
number of able and respectable inhabitants of the city as ^"'"®°- 
firemen, to take the care of and management of the engines 
and other apparatus and implements used and provided for 
the extinguishment of fires. 

Third. — To prescribe the duties of firemen, and to make Duties of fire- 
rules and regulations for their government, and to impose 
reasonable penalties upon them for a violation of the same ; 
and for incapacity, neglect of duty, or misconduct, to re- 
move them. 

Fourth. — The city council shall have power to appoint a „_„_.„ 

chief and assistant engineers of the fire department, and anit engineer. 
they with the firemen, shall take the care and management 
of the engines and other apparatus, and implements provided 
and used for the extinguishment of fires, and their powers 
and duties shall be prescribed and defined by the city council. 

§ 4. The members of the city council and firemen shall, Exemption of 
during their terms of services as such, be exempted from ll^'^\n£^. 
serving on juries, in the militia, or working on the streets, 
or paying any taxes for the same. The name of each fire- 
man shall be registered with the clerk of the city, and the 
evidence to entitle him to the exemption provided in this 

Vol. I.— 19 



men. 



Chief and assist- 



282 



section shall be the certificate of the clerk under the corpo- 
rate seal for the year in which the exemption is claimed. 



ARTICLE XII. 

MISCELLAXEOUS PROVISIONS. 

Report of re- g J, The City counoil shall, at least ten (10) days before 
pendttLu°.s. ^^ the annual election in each year, cause to be published in 
the newspaper publishing the ordinances of the city a cor- 
rect and full statement of the receipts and expenditures 
from the data of the last annual report, together with the 
sources from where the former are derived, and the mode 
of disbursement, and also a distinct statement of the whole 
amount assessed, received and expended in the respective 
wards and divisions, for making and repairing streets, high- 
ways and bridges for the same period, together with such 
infornuition as may be necessary to a full understandijig of 
the financial afftiirs of the city. 
Citizens of Mau § 2. The inhabitants of the city of Mattoon are hereby 
from ro!d labor exempted from working upon any road or highway beyond 
outside the city ^\^q ii,iiit8 of the citv, aud froui paying the tax in lieu 

limits. . . 1 . , */.' . 1 ./ o 

thereof, without said limits. 
Mode and man- § 3. The supcrvisor shall demand the services of all 
hfg "Inr'^per- pcrsous wlio are required to labor on the streets and alleys 
[ab"r"e"tc.'°'"* of the city, at such time and place, and in such manner as the 
city council may direct, or the supervisor shall deem neces- 
sary. He shall deliver or cause to be delivered or left at 
the usual place of abode or business of any person so re- 
quired to labor, as aforesaid, a written or printed notice, or 
partly written or partly printed notice, in such form as 
the city council shall prescribe, which notice shall be given 
at least five (5) days previous to the first day on which he 
or they are required to labor, requiring such person to ap- 
pear at such time and place as may be designated for the 
purpose of laboring upon the streets and alleys. But a 
xotice. similar notice published lor ten (10) days in the newspaper 

publishing the city ordinances, by the supervisor, or posted 
up in three (3) of the public places of the ward or dis- 
trict, shall be deemed a sufficient notice to require all per- 
sons to appear and labor as aforesaid. Upon the neglect of 
xegiuct to np- any person to appear and labor, as aforesaid, or to pay the 
pear and labor. ^^^^ ^^iQ collcctor sliall collcct froui cach pcrsou, in the same 
manner as other taxes, the sum of three dollars, with his 
commission for collecting the same added thereto, or the 
same may be recovered by suit with costs, as in other cases. 
Names of § 4. Thc city couucil shall have power to establish, 

i^trcets. make and declare the boundaries and names of streets and 

alleys. 

Fines and pen- § 5. All fiucs, forfeitures and penalties collected for 

ihe^cit'° u°ea"- offcnces Committed within said city, shall be paid into the 

uiy ' treasury of said city b}^ the officers collecting the same, and 

all tines and forfeitures collected of any citizen of said city, 



CITIES. 283 

by any conviction in the circuit court, shall be paid over in 
like manner. 

§ 6. The city council shall have power to require that Additions to the 
all additions hereafter made to said city, or all lands adjoin- '^"^' 
ing, or with the same laid out into blocks or lots, shall be 
so laid out and platted as to correspond and conform to the 
regular blocks, streets and alleys already laid out and estab- 
lished within the city. 

§ T. The city council shall, in all expenditures for pur- Money to be 
poses strictly local, expend annually in the several natural expended, 
divisions of the city, such proportion as near as may be of 
the whole expenditures for lite purposes during the same 
period as will correspond to the several sums contributed by 
each division to the general fund ; street taxes shall be ex- 
pended in the several wards or districts where the persons 
paying the same may respectively reside. 

§ 8. The supervisor, in addition to the penalties pre- penalty for su- 
scribed by ordinance, shall, for willful neglect of duty, be p®"'^°^"- 
liable to indictment and line in the same ndanner as super- 
visors under the law^s of the state. 

§ 9. Neither the city council or mayor shall remit any Remission of 
fine or penalty imposed upon any person, for a violation of 
any laws or ordinances of said city, or release from confine- 
ment, unless two-thirds of all the aldermep elected shall vote 
for such release or remission. Nor shall any thing in this 
act be so construed as to oust any court of jurisdiction, to 
abate and remove nuisances within its jurisdiction, by in- 
dictment or otherwise. 

§ 10. No vote of the city council shall be reconsidered vote 9f city 
or rescinded at a special meeting, unless the meeting be rescind7d'!°''^ 
called in whole or in part for that purpose, and the alder- 
men be so notified, and unless at such special meeting, 
there shall be present as large a number of aldermen as 
as was present when the vote was taken. 

§ 11. Every ordinance, reo-ulation and by-law imposing PHbiieation of 

^ ^^ f-"^ ■ ■ ^^ ±' V -. V • 1 ..• ordinance. 

anj penalty, fine, imprisonment, or torteiture, lor a violation 
of its provisions, shall, after the passage thereof, be published 
by one insertion in the newspaper publishing the ordinances 
of the city ; and proof of such publication shall be by cer- 
tificate of publisher appended thereto, or any other com- 
petent proof of such publication, shall be conclusive evidence 
of the legal publication and promulgation of such ordinance, 
regulation or by-law, in all courts and places. 

§ 12, All actions brought to recover any penalty or for- Actions lor re- 
feiture incurred under this act or any ordinance, by-law, <»r auleg? °^ ^^"" 
police regulation, made in pursuance thereof, shall be 
brought in the corporate name. It shall be lawful to de- 
clare generally in debt for such penalty, fine, or forfeiture, 
stating the clause of this act, or the by-law or ordinance 
under which the penalty or forfeiture is claimed, and to give 
the special matter in evidence under it. 



284 CITIES. 

First process to § 13. In all prosecutioiis for the violation of any ordi- 
be a summons, j^^j^pg^ bj-law, OP Other regulation, the iirst process shall 
be a sununons, unless oath or athrmation be made for a 
warrant, as in other cases. 
Execution of § 14. ' Exccuiion may be issued immediately on rendi- 
judgment. ^j^^ of judgment. If the defendant iias no goods, or chattels, 
or real estate, within the county of Coles, whereof the judg- 
ment can be collected, the execution shall require the de- 
fendant to be conlined in the county jail, or work-house, or 
city prison, for a term not exceeding six months, in the 
discretion of the court rendering judgment; and all persons 
who may be committed under this section shall be conlined 
one day for each one dollar of such judgment and costs; all 
expenses incurred in any execution for the recovery of any 
penalty, line or forfeiture, when collected, shall be paid into 
the city treasury, 
cornpetency of § 15. JSTo pcrsou shall be an incompetent judge, justice, 
where the °eTty wltuess or juror bv reasou of his being an inhabitant or 
is a party. freeholder in the city of Mattoon, in any action or proceed- 
ing in which said city may be a party in interest. 
Old ordinances § 16. All oi'dlnances, regulations and resolutions, now 
to be valid. -j,^ ^■^j.^g jj^ ^j^g g-j-y Q-j-- j\,^attoon, and not inconsistent with 
this act, shall remain in force under this act until altered, 
modilied or repealed by the city council after this act shall 
take effect ; and all said ordinances, regulations and resolu- 
tions, and all acts, proceedings, matters and things of any 
and every name and notice whatsoever done, or provided to 
be done by the city council of the city of Mattoon, before 
this shall take effect, are hereby made and declared to be 
valid, 

§ 17. All rights, actions, fines, penalties and forfeitures 
in suits or otherwise, which have heretofore accrued to the 
city, at any time, shall be vested in and prosecuted by the 
corporation hereby created. 
Real property §18. All property, real, pcrsoual, Or mixcd, belonging to 
cerp!)'ratlon!''" the city of Mattoou is hereby vested in the corporation 
created by this act, and the othcers of said corporation now 
in office, shall respectively continue in the same until super- 
ceded in conformity to the provisions hereof, but shall be 
governed by this act, which shall take effect from and after 
its passage. 
Ordinances, § 19. All Ordinances of the city, when printed or pub- 

dence'"' °"' lishcd lu book or pamphlet forni, and purporting to be 
published by authority of the city council, shall be received 
in all courts and places without further proof, 
style of ordi- § 20. The Style of all ordinances shall be : " Be it or- 
nances. daincd by the city council of the city of Mattoon." 

Additions to the § 21. Any tract of land adjoining said city which may 
'^^^^: be laid off' into lots or blocks and duly platted according to 

law, and any tract of laud adjoining the city, with the con- 



CITIES. 285 

sent of the owner thereof, shall or may be annexed to said 
city and form a part thereof 

§ 22. Tiiis act shall not invalidate any legal act done by This act shaii 
the city council of the city of Mattoon, or by its officers, "rrtainTights^ 
nor divest their successors under this act of any rights of 
property or otherwise, or liability which may have accrued 
to or been created by said corporation prior to the passage 
of this act. 

§ 23. All officers of the city created conservators of the Power to make 
peace by this act, or authorized by any ordinance, shall have confine prison^ 
power to arrest or cause to be arrested, with or without pro- ^^' 
cess, all persons who shall break the peace, or threaten to 
break the peace, or be found violating any ordinance of this 
city, committor examination, and if necessary, to detain such 
persons in custody over night, or the Sabbath, in the watch 
house, or other safe place, or until they can be brought 
before a magistrate, and shall have and exercise such other 
powers as conservators of the peace as the city council may 
prescribe. 

§ 2i. There shall be a digest of the ordinances of the Digest of ordi- 
city which are of a general nature, published within five (5) 
years after the passage of this act, and a like digest within 
every period of five years thereafter. 

§ 25. The city council shall have power to make regula- ^.eRUh regula- 
tions to secure the general health of the inhabitants, to 
declare what shall be a nuisance, and to prevent and remove 
the same. 

§ 26. This act shall not take effect as the. charter of the This charter to 
city of Mattoon unless a majority of the legal voters of said vot'L^of t'^e citf- 
city voting at an election hereinafter provided, shall cast ^®'^^- 
their votes for the adoption of the same, said election to be 
held on the first Monday in the month of March, a. d. 1867, 
as other elections are now held in said city, upon notice to 
be given by the clerk of the present board ; said notices to 
be posted up in five (5) public places in said city the returns 
of said election held as aforesaid, shall be certified by the 
officers of the election and placed on file in the office of the 
city clerk of the city of Mattoon, Illinois, and it shall not 
be necessary in any proceeding, either at law or in equity, to 
prove that this charter was adopted by the people ; but 
such proof shall be a matter of defense in showing that this 
charter was not adopted by a vote of the people by refer- 
ence to the returns of the elections as in this section provi- 
ded for. 

§ 27. This act shall be a public act, and shall take efi'ect 
from and after its passage. 

Approved February 6, 1867. 



286 CITIES. 

In force Feb'y AN ACT to amend an act entitled "An act to incorporate the city of 
^' ^^^'^- Chester, in Kaudolph county, Illinois. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That from and 
aftor the passage of this act all lines, forfeitures and penal- 
ties collected for ofiences committed within the limits of the 
i^^sposuion of city of Chester, in Randolph county, shall be paid by the 
ofhcers collecting the same into the treasury of said city; 
and all tines and forfeitures collected of any citizen of said 
city, for any conviction in the circuit court, shall be paid 
Proviso. over in like manner: Provided^ however, that the said city 

shall pay costs and expenses accrued in the prosecution for 
and collection of said tines and forfeitures. 

§ 2. All acts or parts of acts in conflict with this act are 
hereby repealed. 

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

Approved February 9, 1867. 



In force Febru- AN ACT to amend an act entitled " An act to charter the city of Urbana," 
a'7 9' 18«' • approved February 14, 1855. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assef^bly-, That section 1, 
Section 1, and of article V, of an act entitled " An act to charter the city 
proved Febru"- of Urbana," approved February 14, 1855, be so amended 
amended. ^^'^^' ^s to read two per cent., in place of one per cent., so that 
the city council of said city shall hereafter have authority 
to levy and collect taxes upon all property, real or personal, 
within the limits of said city, not exempt by law, not 
exceeding two per cent, upon the assessed value thereof 
Tax legalized. § 2. And be it ftirther enacted. That the tax of two per 
cent., levied by said city council, by its resolutions of Sep- 
tember 3d and October'll, 1866, be and the same is hereby 
legalized. 

§ 3. This act shall be a public act, and be in force from 
and after its passage. 

Approved February 9, 1867. 



287 



AN ACT to enable the citizens of tlie city of Morria to raise money to I» force April 
improve public roads oi' bridges leading into said city. ^' l**^'- 

Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Assembly^ That the city 
of Morris, in the county of Grundy, is hereby authorized 
and empowered to assess and collect a special tax on all the Taxes, 
taxable property within the corporate limits of said city, for 
the purpose of aiding in the repair of any road or roads 
leading into said city, whether the same are within or with- 
out said city limits, or for the construction or repair of 
bridges thereon : Provided., that the aggregate amount of 
taxes collected in any one year shall not exceed the sum of 
three thousand dollars, 

§ 2, That before such tax shall be assessed, the common Determined by 
council of said city of Morris shall submit the question to ^^ °* 
the qualihed electors thereof; and for this purpose they 
shall appoint a time and place for holding a special election, 
and shall cause a notice thereof to be published in each of 
the newspapers published in said city for at least three 
weeks next preceding such election. Said notice shall Election. 
specify the time and place of election, its purpose, the par- 
ticular road and part thereof, and the bridge or bridges to 
which the tax is to apply, and the amount proposed to be 
raised for such purpose. The election shall be held and 
returns thereof made by the same officers and in the same 
way that other city elections are held. The ballots cast at Form af baiiot. 
such election shall be separate from other ballots, and shall 
contain the words, "*For road and bridge tax," or "i^ gainst 
road and bridge tax." And if a majority of all the qualilied 
electors voting at snch election shall vote "For road and 
bridge tax," then the common council of said city shall 
assess and cause to be collected, as other taxes are collected, 
a special road and bridge tax, for the amount and purpose Special road 
designated in said notices; the moneys arising therefrom ^nd bridge tax. 
to be expended for the purposes aforesaid and under the 
direction of said city council. But if a majority shall vote 
against such tax, then the same shall not be assessed or 
collected. 

Appeoved February 9, 1867. 



288 



CITIES. 



In force Feb. 
13, 1807. 



AN ACT to incorporate the city of Pana. 
ARTICLE I. 



OF BOUNDARIES AND GENERAL POWERS. 

Section 1. Be it enacted by the Peojple of the State of 
Illinois^ represented iji the General Assembly^ That the 
inhabitants of the town of Pana, in the county of Christian, 

Boundaries^. embraced witiiin the following; limits, to-wit: Tlie south- 
west quarter of section (15) fifteen, the southeast quarter 
of section (16) sixteen, the northeast quarter of section (21) 
twenty-one, the east half [^) of the northwest quarter of 
section (21) twenty-one; the northwest qnai'ter ot section 
(22) twenty-two, the west half (^) of the north-east quarter 
of section (22') twenty-tv70 ; the north half (|-) of tlie south- 
west quarter of section (22) twenty-two ; the northwest 
quarter of the 'southwest quarter of section (22) twenty- 
two ; the north half (|-) of the southeast quarter of section 
(21) twenty-one ; the east half (-1) of the southwest quarter 
of section (16) sixteen, be and they are hereby constituted 
a body politic and corporate by the name and style of the 

Name and style. " City of Pana;" and by that name shall have perpetual 
succession, and power to sue and be sued, to plead and be 

Corporate pow- impleaded, defend and be defended, in all courts of law and 

^^^' equity, and in all actions whatsoever ; to purchase, receive 

and hold property, both real and personal, in said city ; and 
to purchase, receive and hold property beyond the city 
limits, for burial grounds and for otfcer city purposes, for 
the use of the inhabitants of said city ; to sell, lease and 
convey or dispose of property, and do all other things in 
relation thereto as natural persons ; and may have and use 
a common seal, which they may change and alter at pleasure. 

Additions, § 2. Any tract of land adjoining the city of Pana, laid 

off into town lots, and duly recorded, as required by law, 
the same shall be annexed to and form a part of said city ; 
and all parcels of land within the aforesaid limits and bound- 
aries that exceed in extent ten acres shall be exempted from 
taxation for city revenue until the same shall besubtlivided 
into lots of ton acres or less; and each lot, when so divided, 
shall be taxed as other city lots. 

ARTICLE II. 



I[E CITY COUNCIL, 



§ 1. There shall be a city council, to consist of a mayor 
and board of aldermen. 

§ 2,* The board of aldermen shall consist of two mem- 
bers from each ward, to be chosen by the qualified voters 
therein, for two years. 



CITIES. 289 

§ 3. No person shall be eligible to the office of alder- QuaiificaUon of 
man, unless at the time of his election he shall reside in the "'^"*''®"- 
ward for which he is elected, and shall have resided at least 
one year within the limits of the city, and shall be at the 
time of his election twenty-five years of age, and a citizen 
of the United States. 

§ 4. If any alderman shall, after his election remove Vacancy. 
from the ward for which he is elected, his office shall 
thereby become vacant. -' 

§ 5. At the first meeting of the city council the alder- Di^'sioaof. 
men shall be divided by lot into two classes in each ward. 
The seats of those of the first class shall be vacated at the 
expiration of one year, and of the second class at the expi- 
ration of tAvo years from their election, so that one-half of 
the board shall be elected annually. 

§ 6. The city council shall judge of the qualifications, Returns oi. 
elections and returns of its own members, and shall deter- 
mine all contested elections under this act. 

§ 7. A niiijority of the city council shall constitute a Quorum, 
quorum to do business, but a smaller number may adjourn 
from time to time, and compel the attendance of absent Absentees. 
members, under such penalties as may be prescribed by 
ordinance. 

§ 8. The city council shall have power to determine the R"'" of pro- 
rule of its proceedings, punish its members for disorderly °^^ '°^^* 
conduct, and, with the concurrence of two-thirds of the 
members elected, expel a member. 

§ 9. The city council shall keep a journal of its pro- Journal. 
ceedings, and may, from time to time, publish the same ; 
.and the yeas and nays, when demanded by any member 
present, shall be taken and entered upon the journal, 

§ 10. No alderman shall be appointed to any office ^ottier*offices°^^ 
under the authority of the city, which shall have been cre- 
ated or the emoluments of wliicti shall have been increased 
during the term for which he shall have been elected. 

§ 11. All vacancies that shall occur in the board of Vacancies. 
aldermen shall be filled by election. 

§ 12. The mayor and each alderman, before entering Oath of otHce. 
upon the duties of his office, shall take and subscribe an 
oath before some proper officer authorized to administer the 
same, that he will support the constitution of the United 
States, the constitution of the state of Illinois, and that he 
will faithfully perform the duties of his office to the best of ' 
his ability. 

§ 13. Whenever there shall be a tie in the election of Tie vote. 
an alderman, a new election shall be ordered forthwith. 

§ 1-1. There shall be twelve monthly stated meetings of stated meetings. 
said council in each year, to be held at such times and 
places as may be prescribed by ordinance. 



290 



CITIES. 



ARTICLE III. 



OF THE MAYOR. 



Eligibility of. 



Vacation of of- 
fice. 



Term of office. § 1. The chief executive officer shall be a mayor, who 
shall be elected by the qualitied voters of the city, aud hold 
his office for one year and imtij his successor is elected and 
qnalitied, 

§ 2. ISTo person shall be eligible to the office of mayor 
who shall not be eligible to the office of alderman. 

§ 3. If any mayor, during the time for which he shall 
have been elected, shall remove from the limits of the city, 
his office shall thereby become vacant. 

Ties. § 4, Whenever there shall be a tie in the election of a 

mayor a new election shall be ordered forthwith. 

Office contested. § 5, "Whenever the election of a mayor shall be con- 
tested the city council shall determine the same, as may be 
prescribed by ordinance. 

§ 6. Whenever any vacancy shall happen in the office 
of mayor it shall be HI led by an election. 



Vacancy, 



ARTICLE IV. 



OF ELECTIONS. 



Election of § 1. On the first Tuesday of March next an election shall 

officers. i^Q ]jg|j jjj g^gi^ ward of said city, for one mayor, one city 

clerk, one city marshal, one city judge^ one city attorney, 
also two aldermen for each ward of the city ; and forever 
thereafter, on the first Tuesday of March, in each year, 
there shall be an election held in each ward in the city, for 
a mayor, a city clerk, marshal, a city attorney, and an alder- 
man from each ward ; and on the first Tuesday of March 
of every fourth year there shall be an election for one city 
judge for said city. 

Qualified voters § 2. All frce wliitc malo inhabitants, over the age of 
twenfy-one years, who are entitled to vote for state otiicers, 
and who shall have been actual residents of the city for three 
. months next preceding said election, shall be entitled to 
vote for city officers: Provided^ that said voters shall give 
their votes in the ward in which they shall respectively 
reside, and in no other. 

Oath of. I 3. If the right of any person to vote at any election 

shall be challenged, either one of the judges of election may 
administer an oath to such person to make true answers 
touching his qualifications. 

Returns. § 4. The judges of elections shall make returns of the 

election to the city council within forty-eight hours after the 
canvass of the votes shall be completed. 

Manner of con- § ^- "^^^ manner of conducting and voting at elections to 

ducting. be held under this act, and contesting the same, the keeping of 



Notice of elec- 
tion. 



CITIES. 291 

the poll list, canvassing the votes and certifying the re- 
turns, shall be tho same as nearly as may be as is now or 
hereafter may be provided by law at general state elec- 
tions : Provided^ the city council shall have power to regu- Proviso, 
late elections, and fix the plaCe of holding the same in each 
ward, and to appoint the judges thereof The voting shall 
he by ballot, and the judges and clerks of election shall take 
the same oath and shall possess the same power and authority 
as the judges and clerks of general state elections. After 
the closing of the polls the ballots shall be counted in the 
manner required by law, and the returns shall be returned 
sealed to the city clerk within two days after the election, 
and thereupon the city council shall read and canvass the 
same, and declare the result of the election. The person 
[laving the highest number of votes shall be declared elected. 
It shall be the duty of the city clerk to notify all persons 
elected to oftice, or appointed to the same, of either their 
election or appointment, and unless such person shall re- 
ispectively quality within ten days thereafter, the office 
ishall become vacant. 

I § 6. Wo person entitled to vote at any election held under ^^^^f^\l^^ ^^^"'■ 
Ithis act shall be arrested on civil process within said city 
|npon the day on which said election is held ; and all per- 
'sons illegally voting at any election under this act shall be 
Ipnnishable under the laws of this state. 

; § 7. Whenever there shall be more than one vacancy ^\lf^^^^ ®^^''^* 
in the office of alderman of an}' ward to be filled at any 
;general or special election in such ward, the candidate 
ihaving the highest number of votes for such office shall be 
declared elected for the longest terra, and the candidate 
ihaving the next highest number of votes, for the shortest 
term ; and in case of a tie between the two highest, the '^^^ ^°**- 
iterms of service to which the successful candidates shall 
be respectively entitled shall be determined by the casting 
of lots in the presence of the council. If from any cause 
there shall not be a quorum of aldermen in office, the clerk 
shall appoint the time and place of holding a special elec- 
tion to supply all vacancies in the board, and to appoint 
[judges thereof if necessary. 

§ 8. No person shall be eligible to any office, either by Eligibility of of- 
:election or appointment, under this act, who is a defaulter 
to said city ; and if any person holding any office or place 
shall become a defaulter while in office, the office or place 
shall thereupon become vacant. 

§ 9. No election shall be held in any grocery, grog- ^^l^^^^ *** ^^®°' 
shop, or any other place where intoxicating liquors are sold 
or kept for sale by retail. 



ARTICLE V. 



LEGISLATIVE DEPARTMENT. 



Kate of taxa- 
tion. 



Extension of. 



Manner of eoL 
lecting. 



Clerk's compen- 
sation. 



Officers appoint- 
ed. 



Term of office. 
Proyiso; 



§ 1. The city council shall have power and authority 
to levy and collect a tax not exceeding one per cent, upon 
all property, real, personal and mixed, within the limits of 
the city, for all revenue purposes. All taxes for revenue 
shall be levied upon, and according to the assessed value 
of the property included in said corporation, as assessed by 
the township assessor of the town of Pana for each year res- 
pectively. 

§ 2. The city council shall have power, and it shall bo 
their duty before the hrst day of September of each year, 
to determine by ordinance the rate per cent, upon the as- 
sessed value of the property assessed by said town assessor 
within the limits of said corporation, for which a tax shall 
be levied for the current year. A copy of said ordinance, | 
together with an alphabetical list of the resident tax payers 
of the city, shall be hied with the county clerk of the county 
of Christian, whose duty it shall be to extend such tax upon 
the books for the collector of the city of Pana, in a separate 
column to be provided for that purpose, in the saaie man- 
ner that he is now recpiired to carry out and extend the 
district school tax against the name of each tax payer, 
whether resident or non-resident, owning property in said 
city. And said city tax shall be collected, in every respect, 
and the collection thereof be enforced, in like manner and 
with like i-emedies, as the state and county tax, and shall 
be paid over by the collector to the treasurer of said city at 
the same time that the county revenue is required to be paid 
over to the county. Every court in Christian county shall 
have the same power to render judgment against lands and 
lots within said city for taxes due said city for city purposes 
as for the time being it may have to render judgment for \ 
the county and state taxes; and such judgment sliall have j 
the like force and effect as if rendered for delincjuent 
county or state taxes. For his services in carrying out,, 
adding and extending said tax in the book of the collector, 
said county clerk shall receive one half cent on each per- 
son's name assessed for personal property, to be paid out of 
said city tax when collected. 

§ 3. The city council shall have power to appoint a 
treasurer, a surveyor, a street inspector, and all such other 
officers as said city council may deem necessary to perform 
the duties required to be performed under this act and 
under this charter and the ordinances of the city, and to 
prescribe by ordinance their powers and duties ; all of 
which said officers shall hold their office for one year and 
until their successors are appointed : Provided^ that by a 
vote of two-thirds of the city council, the officers mentioned 



CITIES. 293 

in this section may be removed from office at any time be- 
fore liis term of office shall have expired. 

] 4, The city council shall have power to require of all soudsor. 
'JT any officers appointed in pursuance of this charter, such 
bonds to the city of Pana, with penalty and security, to be 
approved by the mayor and a majority ot the aldermen, for 
:he faithful performance of their respective duties, as may 
be deemed expedient, and also to require all officers ap- oath of office, 
pointed as aforesaid, before entering upon the duties of 
Itheir respective offices, to take an oath for the faithful per- 
formance of their duties. 

§ 5. The city council sUfell have power to appropriate Appropriations. 
noney and provide for the payment of the debt and ex- 
jenses of the city. 

§ G. To establish hospitals, and make regulations for Hospitals. 
;he government of the same. 

§ 7. To make regulations to insure the general health Nuisances. 
[)f the inhabitants ; to declare what shall be a nuisance, and 
prevent and remove the same. 

^^ 8. To make regulations to prevent the introduction Diseases. 
:)f contagious diseases into the city ; to make quarantine 
laws for that purpose, and to enforce the same within one 
niie of the city. 

§ 9. To provide the city with water, to erect, sink and water privi- 
build cisterns, wells and reservoirs ; to erect hydrants and '^^^^' 
pumps in the streets for the convenience of the inhabitants 
md fol- the extinguishment of fires. 

1 § 10. To open, alter, widen, extend, establish, grade, f^treet improTe- 
^ave, or otherwise improve and keep in repair, streets, "'^"'* 
l^venues, lanes, alleys and other public places. 

§ 11. For the purpose of repairing the streets, alleys, Labor tax. 
>idewalks, crosswalks, drains and sewers, they shall have 
)ower to levy annually a road labor tax of not more than 
hree days nor less than one day against every able-bodied 
nale inhabitant of said city over the age of twenty-one 
?ears and under fifty years of age, to be collected and ex- 
)ended in such manner as they shall determine and direct : 
Provided, always, that the person assessed shall have the Proviso, 
fight, if he shall so elect, to work out his own tax on the 
itreets, avenues and alleys in the city, under the direction 
j|>f the street commissioner ; all to be expended in the ward 
jn which the inhabitant shall reside. 

§ 12. To establish and keep in repair bridges. Bridges. 

§ 13. To divide the city into wards, alter the boundaries wards. 
ihereof, and create additional wards, as occasion may 
[equire. 

; § 14. To provide for lighting the streets and erecting Lights, 
amp posts. 

I 15. To establish, regulate and support night watches, ^ight watches. 

§ 16. To provide for the erection of all needful build- Buildings. 
ng8 for the city. 



294 



CITIES. 



Public grounds, 



Bridges, cul- 
verts, etc. 



Fire depart- 
ment. 



Flues and chim- 
neys. 



Combustibles. 



Walls and 

fences. 



Weiglits and 
measures. 



Inspectors and 
measurers , 



Forage and fuel. 



§ 1'7. To provide for the inclosing, improving and regu- 
lating all public grounds belonging to the city. 

§ 18. To establish, erect, construct, regulate and keep 
in repair, bridges, culverts and sewers, sidewalks and cross- 
walks, and regulate the construction and use of the same, 
and to abate any obstruction or encroachments thereof; to 
have the sole control and power over the streets, alleys and 
highways of the city, and to abate and remove any en- 
croachment or obstruction thereon : to establish, alter, 
change and straighten the channels of water courses and 
natural drains, to sewer the same, or w; 11 them up or 
cover them over, and to prevefJt, regulate and control the 
filling up, altering or changing the channels thereof by 
private persons. 

§ 19. To regulate the burial of the dead ; to establish 
and regulate one or more cemeteries ; to regulate the reg- 
istration of births and deaths; to direct the returning and 
keeping of bills of mortality, and to impose penalties on 
physicians, sextons and others for any default in the 
premises. 

§ 20. To provide for the prevention and extinguish-- 
ment of fires, and to organize and establish fire companies., 

§ 21. To erect market houses ; to establish markets audi 
market places, and provide for the government and regula- 
tion thereof, and to regulate, license and prohibit butchers,, 
and revoke their licenses for malconduct in the course ofl 
trade. 

§ 22. To regulate the making of flues and chimneys,, 
and the securing of stove pipes in the city. 

§ 23. To regulate the storage of gunpowder, tar, pitch, 
rosin and other combustible materials. 

§ 24. To regulate and order parapet walls and partition : 
fences. 

25. To enforce the legal standard of weights andl 
measures to be used in th6 city in all cases, and to euforcec 
the collection of tines for non-compliance with the ordin- 
ances of said city in all cases whatsoever. 

§ 2G. To regulate and provide for the inspecting and! 
measuring of all lumber, shingles, timber, posts, staves,-, 
laths, headings, and all building materials, and for the 
measurement of all kinds of mechanical work, and to ap- 
point one or more inspectors or measurers; and to regulate 
the size and quality of brick to be used or sold in the city, 

§ 27, To provide for the inspection and weighing 'M 
hay, lime and stone coal, and to regulate the measurenuMit 
of fire wood and charcoal to be used in the city, and the 
place and manner of selling the same. 

§ 28. To regulate the inspection of beef, pork, flour, meal 
salt and other provisions, whisky and other liquors, to b( 
sold in barrels, hogsheads and other vessels or packages; tc 
appoint weighers, gangers and inspectors and prescribe theii 



ani- 
mals. 



CITIES. 295 

duties and regulate their fees ; Provided^ that nothing herein Proviso. 
shall be so construed asto require the inspection ofany articles 
enumerated herein, which are to be shipped beyond the 
limits of the state, except at the recjuest of the owner 
thereof or his agent. 

§ 29. To prevent, restrain and punish forestalling and Forestalling etc 
regrating. 

§ 3U. To prevent and restrain loud, unbecoming or ^j^'^^'^^'"^"^' '^""' 
indecent language or other disorderly conduct in said city. 

§ '6\. To prohibit, prevent and suppress horse racing, wdinganddriv- 
immoderate riding or driving in the streets, and to authorize ^"^'' 
persons immoderately riding or driving, as aforesaid, to be 
stoppe<i by any person. 

§ 32. To prohibit the abuse of animals, and punish Abnse of 
the same ; to compel persons to fasten their horses or other 
animals attached to vehicles or otherwise, while standing 
or remaining in the streets or other public places, or un- 
inclosed grounds in the city. 

§ 33. To restrain, regulate and prohibit the running at Animals at large 
large of horses, cattle, swine, sheep, goats and geese, and 
to authorize the distraining, impounding and sale of the 
same, for costs of the proceedings and the penalties incurred, 
and to impose penalties on the owners thereof for violation 
of any ordinance in relation thereto. 

§ 34. To regulate, restrain and prohibit the running at i,ogs. 
large of dogs, and to authorize their destruction, when at 
large, contrary to ordinance, and to impose penalties on the 
owners or keepers thereof 

§ 35. To restrain and punish vagrants, mendicants, vagrants. 
street beggars and prostitutes. 

§ 36. To abate all nuisances which may injure or affect Nuisances. 
the public health or comfort. 

§ 37. To regulate the fees of jurors, witnesses and Fpes of jurors, 
others, for services under this act. ®'°' 

§ 38. To restrain, prohibit and supress tippling houses. Disorderly 
houses of ill-fame, bawdy houses, and all disorderly houses, houses. 
of whatever nature or character. » 

§ 39. To regulate and prevent the carrying on of manu- 
factories, and works dangerous in promoting fires or causing 
the same. 

§ 40. To regulate and prohibit the use of fire-arms and 
fire-works. 

§ 41. To direct and control the laying and construction Railway tracks, 
of railroad tracks, bridges, turnouts and switches, in the ^*''- 
streets and alleys of the city, and the location of depot 
grounds within the limits of the city, on ground not owned 
by railroad companies,_ to require all railroad companies 
to construct and keep in repair suitable crossings at the crossings, etc. 
intersection of streets, alleys, ditches, sewers and culverts ; 
to direct and regulate the speed of locomotives, engines or 
cars, connected or detached, within the boundaries of the 



cases. 



296 CITIES. 

city, and to prohibit railroad companies from doing storage 

or warehouse business. 
Drains, sinks, § ■i'2. To till up, drain, cleanse, alter, relay, repair and 
privies. regulate any grounds, lots, yards, cellars, private drains, 

sinks and privies ; direct and regulate their construction, 

and cause the expenses thereof to be assessed and collected 

as other taxes or assessments. 
Duties of physi- §43. To require cvevy pcrson practicing physic in the 
cians in certain ^.^^^^ ^^j^^^ ^^^^^^ ^^^^^ ^ paticut laboring uudcr any malignant, 

infectious or pestilential disease, to forthwith make report 
thereof, in writing, to the city clerk, and, for neglect to do 
so, shall be deemed guilty of a misdemeanor, and liable to 
a iine of not less than twenty, or more than one hundred 
dollars, to be sued for and recovered, with costs, in action 
of debt, in any court having cognizance thereof, for the 
use or in the name of the city. 
License and tax § 4:4:. To liceuse, tax and regulate inn keepers, ai^ents 

brokers, mer- n ' ,' • • ' -ii i. 

chants etai. lor lorcign lusuranco companies, brokers, merchants, gro- 
cers, ordinaries, pawn-brokers, money changers, peddlers, 
hawkers, and retailers. 

Exhibitions, etc g 45^ Xo Kcensc, tax and regulate auctioneers, theatri- 
cal or other exhibitions, shows and amusements, and to 
impose duties upon the sale of goods sold at auction. 

Porters, hack- ^ 46, To liccnsc, tax, regulate and snppress hackmen, 

men, etc. , <^ -i i • i. 1 11 \.i • 

draymen, omnibus drivers, porters and all others pursuing 
like occupations, w^th or without vehicles, and prescribe 
their compensation, and to restrain and regulate runners 
for cars, stages and public houses. 

Billiards, ten §47. To liccuse, tax and rcgulate the keeping of billiard 
pms, etc. tables, ten pin alleys, ball alleys and shooting galleries, and 
restrain gambling houses, lotteries and all fraudulent devices 
and practices, and all playing of cards, dice and other games 
of chance, with betting, and to authorize the destruction 
of all instruments and devices used for the purpose of 
gaming. 

Malt liquors, ^ 48. To Hceiise, regulate and tax the selling of intoxi- 
eating and malt liquors witlim the city for one year, hir 
which license the said council shall tix the sum to be paid 
— the same to be not less than three hundred dollars for 
spirituous and malt liquors, not less than ($100) one hundred 

Proviso. dollars for malt liquors : Provided, that the city council 

may grant permits for the sale of liquors by druggists for 
medical, mechanical, chemical and sacramental purposes 
only, under such restrictions as may be provided by ordi- 
nance. 

Special tax. g 49^ To levy and collect a special tax on the holders 

of the lots on any street, lane, avenue or alley, according to 
the respective fronts owned by them, for the purpose of 
paving and grading the sidewalks and lighting said street, 
avenue, lane or alloy ; but the owners of property aforesaid 



CITIES. 297 

may make such grade and pavement, under the direction of 
such person or ])ersons, as the city council may appoint. 

§ 50. To authorize the proper officer, to grant and issue Manner of issu- 
licenses, and direct the manner of issuing and registering '"s licenses, 
thereof, and the fees and charges to be paid : Provided^ no Proviso. 
license shall be granted for more than one year, and not 
less than tive dollars shall be charged for any license under 
this act. 

§ 51. To erect and establish a work house or house of 
correction, to make all necessary regulations therefor, and 
app<iint all necessary keepers or assistants. In such work 
house or house of correction may be confined all vagrants, 
stragglers, idlers, and disorderly persons, who may be com- 
mitted thereto by anj^ proper officer ; and any person who 
shall fail or neglect to pay any fine, forfeiture or penalty or 
costs imposed by any ordinance of the city, for any misde- 
meanor or breach of any ordinance of the city, or in viola- 
tion of any provision of this charter, may, instead of being 
committed to the jail of Christian county, be kept therein, 
subject to labor and confinement. 

§ 52. To authorize and direct the taking up and provid- 
ing for the safe keeping and education, for such periods of 
time as may be deemed expedient, of all children who are 
destitute of proper parental care, wandering about the 
streets, committing mischief, and growing up in mendicancy, 
ignorance, vice and idleness. 

§ 53. To pass, publish, amend and repeal all ordinances, ordinances. 
rules and police regulations, not contrary to the constitution 
of the United States or this state, for the good government 
of the city and the trade and commerce thereof, that may 
be necessary and proper to carry into effect the powers 
vested by this act in the corporation the city government or 
an}^ department or officers thereof; to enforce the observ- Enforcement of 
ance of all such rules, ordinances and police regulations, 
and to punish violations thereof, by fines, penalties, forfeit- Fines, penalties, 
ures or imprisonment in the county jail, city prison or 
workhouse, or both in the discretion of the court or magis- 
trate before whom conviction may be had ; but no fine or 
penalty shall exceed five hundred dollars nor the imprison- 
ment six months, for any offence ; and such fine or 
penalty may be recovered, with costs, in an action of 
debt, in the name or for the use of the city, before any court 
having jurisdiction, and punishment inflicted ; and any per- 
son upon whom any fine, forfeiture or penalty is imposed, 
shall stand committed until the payment of the same and 
costs, and, in default thereof, may be imprisoned in the 
county jail, city prison or workhouse, or required to labor 
on the streets or other public works of the city, for such 
time and in such manner as may be provided by ordinance. 

§ 54. All owners or occupants of lots or lands in front Duties of own- 
of, adjoining or upon whose premises the city council shall Zl^ iL ^^?'^*' 
Yol. 1—20 " ' 



298 



Expenses 
removal 
nuisances. 



Eleetion of offi 
cers. 



Style of ordi 
nances. 



Publication of. 



order and direct sidewalks or drains to be constructed, 
graded or repaired, relaid or cleansed, or shall declare any 
such lots or land to be nuisances, and order the same to be 
filled up, graded and drained, or otherwise improved, shall 
make, grade, repair or relay such sidewalk, or make, repair 
or cleanse such drain, or grade, fill up, drain or otherwise 
improve such lots or land, at their own cost and charges, 
within the time and in the manner prescribed by ordinance 
or otherwise; and, if not done within the time and in the 
manner prescribed, the city council may cause the same to 
be constructed, repaired, relaid, cleansed, filled up, graded, 
drained or otherwise improved, and assess the expense 
thereof, by an order, to be entered in their proceedings, 
upon the lots and lands respectively, and collect the same, 
by warrant and sale of the premises, as general tax assess- 
ments. A suit may also be maintained against the owner 
or occupant of such premises for the recovery of such expen- 
'ses, as for money paid and laid out to his use and at his 
request. 
for g 55. In all eases where expenses may be incurred in 
°^ the removal of any nuisance, the council may cause the 
same to be assessed against the real estate chargeable there- 
with-, in the same manner prescribed in the foregoing sec- 
tion. Such expenses may be, likewise, collected of the owner 
or occupant of such premises in a suit for money expended 
for his or their use ; and in case the same should not be 
chargeable to any real estate, suit may, in like manner, be 
brought for such expenses against the author of .such nuis- 
ance, if known, or any person whose duty it may be to 
remove or abate the same. 

§ 56. The city council shall have power to provide for 
the taking enumerations of the city. 

§ 57. "To regulate the election of city officers and fix the 
compensation, by fees, commissions or otherwise, of all city 
officers ; regulate the fees of jurors, witnesses and others, 
for services rendered under this act or any ordinance made 
in pursuance hereof. 

§ 58. To organize and regulate the police of the city ; 
to impose fines, forfeitures and penalties, for the breach of 
any ordinance, and to })rovide for the recovery and appro- 
priations of such fines and forfeitures and the enforcement 
of such ])enalties; and all moneys collected under and by 
authority of any city ordinance shall be deemed and taken 
to belong to said city and disposed of by said city council, 
under the ordinances of said city, for the use and benefit of 
the inhabitants thereof. 

§ 59. The style of ordinances shall be "Ee it ordained 
by the City Council of the City of Pana." 
' § 60. All ordinances passed by the city council shall, 
within ten days after they shall have been passed, be pub- 
lished in some newspaper in the city, and shall not be in 



CITIES. • 299 

force nntil five days after they shall have been published as 
aforesaid. 

§ 61. All ordinances of the city may be proven by the Proof of. 
seal uf the corporation, and, when printed in book or pam- 
phlet form, and purporting to be published by authority of 
the corporation, shall be received in evidence in all courts 
and places, without further proof. 

§ 6-2. The city council shall have power to require of all ^^'^If'^ <=^'°^- 
railroad companies, that own or shall own any railroad 
within the limits of the city, to construct and erect good 
and sufficient crossings at such times and places on said road 
as may be directed by said council. 

ARTICLE VI. 

JUPICIAKY. 

I 1. There shall be established a court of civil and crimi- city eom-t. 
rial jurisdiction, to be styled the "City Court of Pana," 
and shall have a seal, which may be altered by the city 
council. 

§ 2. The judge shall be elected at the same time and in Judge of. 
the same manner as the mayor; he shall hold his office for 
four years and until his successor is elected and qualified. 

§ 3. No person shall be eligible to the office of city Eligibility to of- 
jndge unless he is, at the time of election, a citizen of the ^'°®" 
'United States, a freeholder of the city, twenty-five years of 
age, and has resided in the city at least six months next 
preceding the election. 

S 4, The city iudo-e is hereby constituted a iustice of Powers and du- 

, <? . ^, ' . '' • " tV 1 n 1 • • 1 ties of. 

the peace ol Christian county. He shall be commissioned 
by the governor, and qualify as other justices of the peace, 
but enter into an office bond of two thousand dollars. He 
shall have and exercise additional statute criminal jurisdic- 
tion to-wit: In all cases arising under the ordinances of the 
city, where the demand, damage and fine do not exceed five 
hundred dollars, and where the imprisonment extends only 
to the county or city jail ; he shall have exclusive jurisdic- Jurisdiction. 
tion in all cases arising under this act or any by-law or 
ordinance in pursuance thereof; he shall adopt a series of 
rules, regulating the practice in said court, and shall record 
the same in his docket; he may require written pleadings in 
said court. 

§ 5. The said judge shall hold a session of his court on comt soBsions. 
every Monday, and shall keep the same open every day, 
Sundays excepted, until all the business before him is dis- 
posed of; he shall have power to fine and imprison for con- 
tempt of his court when in session; he shall be entitled to 
receive the same fees as circuit clerks for similar services Fees, 
now by law are entitled to; he shall keep an execution 
docket, in which he shall record the issuing and return of Docket, etc. 
all executions, and also a fee book, in which he shall sep- 



300 



CITIES. 



Duty of judge 
in case of 
change of ven- 



arately charge the fees in each case, and shall issue fee bills 
and cost bills according to law governing circuit clerks in 
this state. 

Judgments, § 6. Judffinenta rendered by the city judge shall have 

the same etiect as judgments rendered by justices of the 
peace. 

Change venue. § 7. Change of venuG may be taken from before the 
city judge, in all cases prescribed by law governing the 
changes of venue in circuit courts of this state; and, when 
a change of venue is sought, the person making application 
shall proceed in like tnanner as from said courts; and such 
changes shall be taken to no other than the circuit court of 
Christian county : Provided^ said case did not arise under 
this charter or any city ordinance. 

§ 8. In all criminal cases when changes of venue shall 
be granted, it shall be the duty of the city judge to take 
recognizance, with sufficient penalty and security, of the 
said defendant, for his appearance at the circuit court. The 
said recognizance shall be payable to the state, for the use of 
said city, if arising within the city limits, and to said 
county, if given in a case arising out of the city limits, and 
recoverable, in case of forfeiture in any court of Christian 
county having jurisdiction; and, on failure to give such 
recognizance, the marshal shall commit said defendant to 
the county or city jail, to be dealt w^ith according to law. 

§ 0. Appeals may be taken from the decision of said 
judge to the circuit court of Christian county, in the same 
manner as appeals are taken from justices of the peace. 

§ 10. Transcripts of the docket of said judge may be 
filed with and recorded by the clerk of Christian county, in 
the same manner as from other justices of the peace; and 
said transcripts shall have the same effect against liens upon 
real estate that transcripts of other justices of the peace of 
the said county have or may have. 

Vacancy. § 11< 111 the cvcut that the city judge shall be removed 

from office or the said office otherwise become vacant, or 
should he be absent from the city or sick or unable to attend 
to the duties of his office, the mayor shall and is hereby 
authorized to appoint one of the justices of the peace in 
said city to preside in the place and stead of the city judge 
in all cases concerning the violations of city ordinances or 
the provisions of this act. 

Salary. | 12. The city judge shall receive in addition to his fees 

such salary from the city as may be prescribed by the city 
council, 

other officers. § 13. The city marshal and other authorized officers 
shall be the executive officers of the city court; but before 
entering upon the duties of their respective offices, they 
shall each (jualify and be commissioned as county sheriffs 
are, and shall enter into official bonds in the sum of two 
tlioueand dollars each. 



Appeals. 



Transcripts of 
docket. 



CITIES. • 301 

§ 14. They shall be entitled to the same fees that sheriffs Fees of. 
are allowed for similar services, and may, in addition there- 
to, receive a salary from the city as the city council may 
direct, and they shall have the same power and authority to Powers of, 
execute all process issuing from said court as sheriffs have 
to execute similar process issuing from the circuit court. 

ARTICLE VII. 

EXECUTIVE POWERS, 

§ 1. The mayor shall preside at all meetings of the city Presiding offi- 
council, and in case of a tie and no other, shall have a cast- '^'^^' 
ing vote. In case of the non-attendance of the maj^or at 
any meeting, the board of aldermen shall appoint one of 
their own members chairman, who shall preside at the 
meeting, but who shall not thereby lose his right to vote 
upon any question before the board. 

§ 2. The mayor, or any three aldermen, may call special speewi meet- 
meetings of the city council. 

§ 8. The mayor shall, at all times, be active and vigi- I'uties of mayor 
lant in enforcing the laws and ordinances for the govern- 
ment of the city ; he shall inspect the conduct of all 
subordinate ofhcers of tlie city ; shall cause negligence or 
violation of duty to be prosecuted and punished ; he shall, 
from time to time, communicate to the board of aldermen 
such information and recomuieud such measures as in his 
opinion may tend to the improvement of the finances, the 
health, securit3\ comfort and ornament of the city. 

§ 4:. He is hereby authorized to call on every male Aidinenforc 
inhabitant of said city over the age of eighteen years to 
aid in enforcing the laws and ordinances for the govern- 
ment of the city, and, in case of a riot, to call out the militia 
to aid him in suppress'ing the same or- other disorderly con- 
duet, preventing and extinguishing fire, securing the peace 
and safety of the city, or in carrying into effect any law or 
ordinance; and any person who shall not obey such call 
shall forfeit to said city a fine of not less than five nor more 
than twenty-five dollars. 

§ 5. He shall have power, whenever he [may] deem it Exhibitor 
necessary, to require of any of the officers of said city an '^''°^^^' ^'^' 
exhibit of his books and papers. 

§ 6. He shall have power to execute all acts that may be other acts. 
required of him by any ordinance made in pursuance of 
this act. 

§ T. He shall have such jurisdiction as may be vested Jurisdiction 
in him by an ordinance of the city in and over all places 
within one mile of the limits of the city, for the purpose of 
enforcing the health and quarantine ordinances and regula- 
tions thereof. 



302 



Indictment 
mayor. 



Salary of mayor 



Approval of 
ordinances. 



Vacancy. 



of § 8. In case the mayor shall at any time be guilty of a 
palpable omission of duty, or shall willfully and corruptly 
be guilty of oppression, malconduct or partiality in dis- 
charge of the duties of his office, he shall be liable to indict- 
ment in the -circuit court of Christian county, and on 
conviction shall be fined in a sum not exceeding five hun- 
dred dollars, and the court shall have power, on the 
recommendation of the jury, to add to the judgment of 
the court that he be removed from his ofiice. 

§ 9, The mayor shall receive such compensation for his 
services as shall be provided by ordinance, 

§ 10. Ail ordinances and resolutions shall, before they 
take efif'ect, be placed in the ofiice of the city clerk ; and if the 
mayor approves thereof he shall sign the same ; and such as 
he shall not approve he shall return to the city council, at 
the next regular meeting thereof; Provided^ such meeting- 
shall be two days or more after the first passage of the same ; 
otherwise, to the next subsequent meeting of the citj' coun- 
cil, with his objections thereto: Provided^ further^ that if 
the mayor shall not return the same, as above provided, he 
shall be deemed to have approved the same. Upon the 
return of any ordinance or resolution by the mayor, the vote 
by which the same was passed shall be reconsidered, and if, 
after such reconsideration, a majority of all the members 
elected to the city council shall agree, by ayes and nays, 
which shall be entered on record, to pass the same, it shall 
go into effect, notwithstanding the mayor may neglect or 
refuse to approve the same. 

§ 11. In case of vacancy in the ofiice of mayor, or of his 
being unable to perforin the duties of his office, by reason 
of temporary or continued absence or sickness, the city 
council shall appoint one of its members, by ballot, to pre- 
bide over its meetings, whose official, designation shall be 
" acting mayor," and the alderman so appointed shall be 
vested with all the powers and perform all the duties of 
mayor until the mayor shall assume his office, or the va- 
cancy shall bo filled by a new election. 



ARTICLE V 1 1 r. 



OF POWERS AND DUTIES OK OTHER OFFICERS. 



Piitics of city 
clerk. 



g 1. The clerk shall keep the corporate seal and all 
papers and books belonging to the city ; he shall attend all 
meetings of the city council and keep a full record of their 
])roceedings in a joilrnal ; and copies of all papers duly 
filed in his office, and transcripts from the journals of the pro- 
ceedings of the city council, or other records of his office, 
certified by him, under the corporate seal, shall be evi- 
dence in all coui'ts, in like manner as if the originals wore 
produced ; he shall likewise draw all warrants on the treas- 
ury and countersign the same, and keep an accurate account 



CITIES. 303 

of all receipts and all expenditures, in such manner as tlie city 
council shall direct ; and he shall have power to administer 
any oath required to be taken by this act. 

§ 2. It shall be the duty of the city attorney to per- Duties of city 
form all professional services incident to his othce, and when ^""'"^y- 
required, to turnish written opinions upon the subjects and 
questions submitted to him by the mayor, the city council, 
or any of its committees. 

§ 3. The city treasurer shall receive all moneys belong- Duties of city 
ing to the city, and shall keep an accurate account of all '^-'•'^'i^^- 
receipts and expenditures in such manner as the city coun- 
cil shall direct. All moneys shall be drawn from the treas- 
ury in pursuance of any order from the city council, by 
warrants, signed by the mayor or presiding officer of 
the city council, and countersigned by the clerk; such 
warrants shall be numbered to correspond with the order 
granting the same, and shall specify for what purpose the 
amounts named therein shall be paid. The treasurer shall 
exhibit to the city council at least twenty days before the 
annual election of each year, and oftener if required, a full 
and detaded account of all receipts and expenditures for 
all purposes after the date of the last annual report, and also 
the state of treasury ; which accounts shall be hied in 
the office of the clerk. 

§ 4. The city marshal shall perform such duties as shall powers and 
be prescribed by the city council tor the preservation of the gi"^!!' °^ ™'"'' 
public peace, the observance and enforcement of the ordi- 
nances and the laws ; he shall possess the power and 
authority of a sherilf at common law, under the statutes 
"of this state, and receive like fees; he shall, before entering 
upon the duties of his office, execute a bond, such as the 
mayor and a majority of the aldermen shall approve, and 
file the same with the city clerk ; he shall have power to 
appoint one or more deputies, who shall take the oath of 
office prescribed herein, and who shall possess all the power 
ol and be entitled to like fees as the city marshal, subject, 
uevertheless. to removal at pleasure by the marshal, or 
the city council by a majority vote thereof: Fwmded, that proviso. 
the city marshal shall be responsible for all acts of his deputy 
or deputies done under color of office. 

§ 5. Thecity surveyor shall have the sole power, under the Duties of sur- 
direction and control of the city council, to survey within the ''^^°^' 
city limits, and shall be governed by such rules and ordinances 
andreceive such fees and emoluments for his services as the 
city council shall direct and prescribe ; he shall possess the 
same power, in making surveys and plats within the city, as 
is given by law to county surveyors ; and the like effect and 
validity shall be given to his acts and to all plats and sur- 
veys made by him as are or may be given bv law to the 
acts, plats and surveys of a county surveyor ; he shall, when 
required, superintend the construction of all public works 



304 CITIES. 

ordered by the city, make out the plans and estimates 
thereof, and contract for the execution of the same ; he sliall 
perf irm all surveyiuijj and engineering ordered by the city 
council, ishall, under their direction establish the grades and 
buundaries of streets and alleys, but such plans, estimates, 
contracts, grades and boundaries shall be reported to and 
approved by the city council before they shall be of 
validity. 

Duties of street § 6. It shall bc the duty o± the street commissioner, 

commissioneis^^^^^^^, the direction of the city council, to superintend the 
opening, grading or improving of streets and alleys, the 
construction and repairing of bridges, culverts, sewers, 
crosswalks and sidewalks, and of all public local im[)rove- 
ments generally, in their respective districts, and to carry into 
ellect ail orders of the city council in relation thereto. 
They shall keep accurate accounts of ail receipts and ex- 
penditures by them made and received, and render monthly 
accounts thereof to the city council, 

other duties of § 7. The city council shall have power to impose upon 
all officers other duties than those prescribed, and prescribe 
the duties and powers of all officers appointed or elected to 
any office under this act, whose duties are not herein speci- 
fied or specially mentioned, and fix their compensation. 

^usai*to s^"?ren- § ^- ^^ ^".Y P^i'son, having been an officer of said city, 
der otiieer's shall uot wiiliiu ten days after notification and request, de- 

proper y, etc. |.^^^. ^^^ ^^.^ succcssor in officc all property, books, papei's 
and effects of every description in his possession, belonging 
to the city, or appertaining to his said office, he siiall forfeit 
and pay, for the use of the city, fifty dollars, besides all 
damages caused by his neglect and refusal so to deliver up 
the same ; and such successor shall and may recover pos- 
session of the property, books, papers and effects of his 
office, and appertaining thereto, in the manner prescribed by 
the laws of this state. 

comm^ission of § »^, AH officcrs elected or appointed under this act, 
(except aldermen and mayor), shall be commissioned by 
warrant, under the corporate seal, signed by the nuiyor or 
presiding officer of the city council, and by the city clerk. 

Conservators of ^ 10. The mayor, aldermen, marshal and his deputies, 
le peace. ^|^^| yy.^fgijjjjgjj^ .^j.g couscrvators of the peace, and all t)fficers 
of the city created conservators of the peace by this act, or 
autlu)rized by any ordinance, shall have power to arrest or 
cause to be arrested, with or without process, all ])ersons 
who shall break the peace or be found violating any ordi- 
nance of the city, commit for examination, and if necessary, 
detain such persons in custody over night or the Sabbath 
in the watch house, city prison, or any safe place, or until 
they can be brought before the city judge ; and shall have 
and exercise such other powers, as conservators of the 
peace, as the city council may prescribe. 



CITIES. * 305 



ARTICLE IX. 

PROCEKDIXGS IN SPECIAL CASES. 

The city council shall have power to acquire, open and Public grounds, 
to lay out public grounds or squares, streets, alleys and ^^'^*''®^' ^*°' 
highways, and to alter, widen^ contract, straighten and dis- 
continue the same ; but no street, alley or highway, or any 
part thereof, shall be discontinued or contracted without the 
consent in tvriting of all persons owning lands and lots ad- 
joining said street, alley or highway. They shall cause all 
streets, alleys and highways, or public squares or grounds 
laid out by them, to be surveyed, described and recorded in 
a book to be kept by the clerk, showing accurately and par- 
ticularly the proposed improvements, and the real estate re- 
quired to be taken, and the same when opened and made 
shall be public highways and public squares. 

AVhen it shall be necessary to take private property for Taking private 
opening, altering or laying out any street, lane, avenue, puwrc^pVpoT- 
alley, public square or public grounds, the corporation shall ®^- 
make a just compensation thereof to the person whose 
property is so taken, and if the amount of such compensa- 
tion can not be agreed upon, the mayor shall cause the same 
to be assessed by a jury of six disinterested freeholders of 
the city. When the owners of all the property on a street, 
lane or alley proposed to be opened, widened or altered, 
shall petition therefor, the city council may open, widen or Petitions. 
alter such street, lane, avenue or alley upon condition to be 
prescribed by ordinance, but no compensation shall in such 
case be made to those whose property shall be taken for the 
opening, widening or altering of such street, lane, avenue 
or alley, nor shall there be any assessment of benefit or 
damage that may accrue thereby to any of the petitioners. 

All jurors empanelled to inquire into the amount of Benefits, dama- 
benelit or damage which shall happen to the owners of s^s.etc. 
property proposed to be taken for opening, widening or al- 
tering any street, lane or alley, shall be first sworn to that 
effect, and shall return to the mayor their inquest in writing, inquests. 
signed by each juror. In assessing the amount of compen- 
sation for property taken for opening or widening or alter- 
ing any street, lane, avenue or allej^, the jury shall take into 
consideration the benefit as well as the injury happening by 
such opening, widening or altering such street, lane, avenue 
or alley. 

The mayor shall have power, for good causes shown New inquests, 
within ten days after any inquest shall have been returned 
to him as aforesaid, to set the same aside and cause a new 
inquest to be made. 



306 



CITIES. 



ARTICLE X. 

MISCELLANEOUS PROYISIOXS. 



Pnnishmont of | 1. The citj council sliall have power to prescribe 
(provide) for the punishment of offenders by imprisonment 
in the county jail or city prison, in all cases when such of- 
fendei-s mi^ht lawfully be imprisoned under the constitution 
of this state. 

Annual finan- § 2. The city coiiucil shall cause to be published an- 

c;ai statement, ^^ypy^ withiu onc month of and previous to the election, a 
full and complete statement of all moneys received and ex- 
j)ended by the corporation during the preceding year, and 
on what account received and expended by the corporation. 
Said statement to be published in some newspaper printed 
in the city at least one week previous to the election. 

Force of ordi- § 3. All ordiuauccs and resolutions passed by the presi- 
dent and board of trustees of the town of Pana shad re- 
main in full force until the same shall have been repealed 
by the city council hereby created. 

Wards. § 4. The present board of trustees of the town of Pana 

shall have power, and it is hereby made their duty, before 
the first of March next, to divide the city into wards, .by 
lines, describing particularly the boundaries of each ward 
and the number thereof, the wards to be as nearly equal in 
population as practicable. 

Meeting to de- § 0. The president and board of trustees of the town of 

tTonorotficlrs'.P^''^ shall hold a meeting on the eighth day of March 

next for the purpose of determining who is elected to each 

office under this act, and shall cause the officers elected to 

be notiiied of their election as herein described. 

§ 6. All actions, lines, penalties and forfeitures which 
have accrued or may accrue to the president and board of 
trustees of the tow^n of Pana, for the use of the inhabitants 

Vested proper- thereof, shall be and they are hereby declared vested in the 
corporation hereby created, and no' suit commenced by the 
president and board of trustees of said town shall abate by 
reason of the passage of this act, but may be prosecuted to 
eifect the same as if this act had never been passed, and in 
the name in which the same was originally commenced. 

Appeals § 7. Appeals shall be allowed from decisions in all cases 

arising under the provisions of this act, or any ordinance 
passed in pursuance thereof, to the circuit court of Christian 
county, and every such appeal shall be taken and granted 
in the same manner and with like effect as appeals are now 
taken i'rom and granted by justices of the peace to the cir- 
cuit court under the laws of" this state. 

Evidence of § 8. Tliis act is hereby declared to be a public [act], and 
may be read in evidence in all courts of law and equity 
witliin this state without proof. 



ty, etc. 



act. 



CITIES. 307 

§ 9. The certificate of the city clerk, under the seal of Proof of. 
the city, shall be conclusive proof and evidence of all ordi- 
nances and by-laws, and of the legal publication thereof, to 
which it may be attached, in all courts and places. 

§ 10. All actions brought to recover any penalty or for- suits at law. 
feiture under this act, or any ordinance, by-law or police 
regulation made m pursuance thereof, shall be brought in 
the corporate name of the city, and it shall be lawful to de- 
clare generally in debt for such penalty, tine or forfeiture, 
stating the clause of this act or the date of the passage of 
the by-law or ordinance under which the penalty or forfeit- 
ure is claimed, and to give the special matter in evidence 
under it. 

§ 11, In prosecution for any violation of any ordinance. Summons. « 
by-law, or any other regulation, the tirst process shall be by 
summons, unless oath or affirmation be made for ^^•arrant as 
herein provided. 

§ V2. A warrant shall issue in all cases in favor of the warrants. 
city of Pana for a violation of any ordinance, by-law or 
other regulation when any person shall make oath or 
affirmation that such a violation has been committed. 

§ 13. The city of Pana, hereby incorporated, shall as- corporate liabii- 
sume all the liabilities of the corporate town of Pana, and '''^^• 
the city council shall provide for the payment of the same, 
and all warrants or orders drawn by the president and 
board of trustees of the town of Pana and all warrants 
drawn by order of the city council shall be received in pay- 
ment of all taxes levied by the city council of Patia. 

§ li. All property, both real and personal, within the Esemption 
limits of said corporation, shall be exempt from county usTsr^"*^ 
taxes : Provided, the said city shall maintain and support Proviso, 
its own poor so as not to make the county chargeable with 
the same. 

§ 15. All fines, forfeitures and penalties ct)llected for Disposition of 

„.'-' • , , 1 • 1 . 1 • '^ 1 1 , ■ 1 fines, penalties 

oiiences committed witlnn the city, and all money received etc. 
for licenses, shall be paid into the city treasury by the 
officers collecting the same; and all fines and forfeitures 
collected of any citizen or person in or of said city for any 
conviction in said city or the circuit court shall be paid over 
in like manner. 

§ 16. All officers elected or appointed under this act oath of office. 
shall, before entering upon the duties of their respective 
offices, make and subscribe, and file with the city clerk, the 
following oath, to- wit : "I do solemrdy swear (or affirm) that 
I will support the constitution of the United States and of 
this state, and will well and truly perform the duties of my 
office as to the best of my ability." 

§ 17. All laws incorporating the town of Pana or conflicting laws 
amendatory thereof, and all .laws in conflict with this act ""^p®*® • 
are hereby repealed. 



§ 18. This act to take eflfect and be in force from and 
after its passage. 

Appkuved February 13, 1867. 



AN ACT to charter the city of Effingham. 
ARTICLE 1. 

BOUXDARIES, GEXEUAL POWERS AXD FORMATION OF WARDS. 



Cerporate pow- 
ers. 



Section 1. Be it enacted hy the People of the State of 
Illinois^ represented in the General Asserably, That the 
inhabitants in all that territory hereinafter described, in the 
county of Etiinghain and state of Illinois, be and the}^ are 
hereby constituted in a body politic and corporate, by the 
name and style of "The City of Effingham;" and by that 
name shall have perpetual succession, and may have and 
use a common seal, which they may change and alter at 
pleasure. 

§ 2. The said city shall include within its limits all 
within the following boundaries, to-wit : Commencing at 
the south-weft corner of the south-east quarter of the north- 
west quarter of section twenty-nine (29), thence north to 
the north-west corner of the north-east quarter of the south- 
west quarter of section twenty (20), thence east to the 
section line between section twenty-one (21) and twenty- 
two (22), thence south to the south-east corner of the 
north-east quarter of section twenty-eight (28), tnence 
west to the place of beginning, all in township eight (8), 
north, range six (6), east of the "third (3) principal meridian. 

^ 3. Whenever any tract of land adjoining the City of 
Eliingham, shall be laid oil' into town lots and recorded ac- 
cording to law, the same shall be annexed to, and form a 
part of the City of Effingham. 

§ 1. The inhabitants of said city^ by the name and style 
aforesaid, shall have power to sue and be sued, to plead and 
be impleaded, to defend and be defended in all courts of 
law and equity, in all actions whatsoever ; to purchase, 
receive and hold property, real and personal in said city, 
for burial grounds for the use of the inhabitants of said 
city ; and to sell, lease, convey and improve property, real 
and personal, for the benefit of said city, and to do all other 
things in relation thereto as natural persons. 

§ 5. The city of Effingham shall be divided into two 
wards, the boundaries of which shall be fixed by the city 
council, and maybe by them, from time to time, changed 



CITIES. 309 

as they shall see fit. The city council may create additional 
wards as occasion may require, and fix the boundaries 
thereof. 

ARTICLE II. 

OFFICERS— THEIR ELECTION AND APPOINTMENT. 

§ 1. The municipal government of the city shall consist cityconncii. 
of a city council, to be composed of the mayor and two 
aldermen from each ward. The other elective ofhcers of 
the corporation shall be as follows: A city clerk, a city city officers, 
treasurer, and a city police justice, who in addition to the 
duties prescribed by this act, shall perform such other du- 
ties as may be prescribed by c rdinance. 

§ 2. There shall be appointed by the city council on the Appointive eity 
second Mondy of April, of each year, or as soon thereafter officers. 
as may be, a city marshal, a city attorney, a city assessor 
and collector, a city surveyor and engineer, and such 
watchmen, firemen, policemen, and other officers as may 
be necessary, said officers, so appointed, to continue in office 
during the pleasure of the city council, and to perform such 
duties as may be prescribed by this act and by ordinance. 
All vacancies in any of said offices may be filled at any vacanoie?. 
regular meeting of the council. 

§ 3. All officers elected under this act, except the police Term of office. 
justice, shall hold their offices for" one year, and until the 
election and qualification of their successors, respectively. 

§ 4:. Each ward of said city shall be represented in the 
city council by two aldermen, who shall be hona fide resi- 
dents thereof. 

§ 5. If from any cause there shall not be a quorum of ^o quorum. 
aldermen, the clerk shall appoint the time and place of 
holding a special election to supply such vacancies, and to 
appoint judges thereof, if necessary. If any alderman shall Removal from 
remove from the ward represented by him, his office shall *^^® ^''^'■'^• 
thereby become vacant. If, from any cause, the officers 
herein named shall not be appointed on the second Monday 
of April in each year, the city council may adjourn, from 
time to time, until such appointments are made. If there 
should be a failure by the people to elect any ofliicers herein 
required to be elected, the city council may forthwith order 
a new election. 

§ 6. Whenever any vacancy shall occur in the oflSce of vacancies. 
mayor or alderman, such vacancy shall be filled by a new 
election, and the city council shall order such special elec- 
tion within ten days after the happening of such vacancy. 
Any vacancies occurring in any other office may be filled 
by appointment of the city council ; but no special election 
shall be held to fill vacancies if more than nine months of 
the time has expired. 



310 CITIES. 

Who may vote §7. All citizens of the United States, qualified to vote 
at any election held under this act, shall be qualified to hold 
any office created by this act. 

Tie vote. ^ 3_ When two or more candidates for any elective 

office shall have an equal number of votes for such office, 
the election shall be determined by the casting of lots in the 
presence of the city council. 

ARTICLE III. 



General election § 1- ^ general election of all the officers of the corpora- 
tion required to be elected by this act, or any ordinance of 
the city, shall be held in each of the wards of the city on 
the first Monday in April in each year, at such places as the 

Notice of eiec- city couucil may appoint ; and of \yhich ten days previous 

'■"'°' notice shall be given by written or printed notices in three 

public places in each ward, or by publication in the news- 
paper publishing the ordinances of the cit}', by the city 
clerk. 

Manner of con- § 9 The manner of conductino; and voting at the elec- 

ducting elec- '-' ■, -, 1 1 • i • 1 1 

tions. tions held under this act, and contesting the same, the 

keeping the poll lists, canvassing of the votes, and certifying 
the returns, shall be the same, as nearly as may be, as is 
now or may hereafter be provided by law at general state 
elections : .Provided, the city council shall have power to 

Judges ofciec- regulate elections and the appointment of the judges there- 

tion. Q^-_ rpj^Q voting shall be by ballot, and the judges of the 

election shall take the same oath and shall have the same 

powers and authority as the judges of general elections. 

Counting the After the closing of the polls, the ballots shall be counted 
in the manner provided by law, and the returns shall be 
returned sealed to the city clerk within three days after the 
election ; and thereupon the city council shall meet and 

canvassinK the cauvass the Same, and declare the result of the election. 
The persons having the highest number of votes for any 
office shall be declared elected. It shall be the duty of the 
city clerk to notify all persons elected or appointed to office, 

Shall qualify of their clcctiou or appointment, and unless such persons 
diys." ^^■°"*^' shall qualify within twenty days thereafter, the office shall 
become vacant. 

Who entitled to ^ ;]. Jsjo pcrsou sluiU be entitled to vote at any election 
under this act who is not entitled to vote at state elections, 
and has not been a resident of said city at least six months 
next preceding said election. He shall have been more- 
over an actual resident of the ward in which he proposes 
to vote for ten days previous to such election, and if requir- 
ed by any judge or qualified voter, shall take the follow- 

oath, and form injr oath before lie is })ermitred to vote : " I swear (or 
afiirm) that I am of the ago of twenty-one years, that I am 



votes. 



CITIES. 311 

a citizen of the United States, and have been a resident of 
this State one year, and a resident of this city six months 
miinediately preceding this election, and am now and have 
been for tlie last ten days past a resident of this ward, and 
liave not voted at this election : " Provided^ that the voter proviso, 
shall be deemed a resident of the ward in which he is ac- 
customed to lodge. 

§ 4-. No election shall be held in any grog-shop or Grog-shops, 
other place where intoxicating liquors are vended by retail. 
, § 5. The persons entitled to vote at any election held 
nnder this act shall not be arrested in civil process within No civii arrest 
said city upon the day on which said election is held, and day. ®''^'^''°^ 
all persons illegally voting at any election held under this 
act, or the ordinances of the city in pursuance thereof, shall 
be punishable according to the laws of the State. 

ARTICLE IV. 

POWERS A\D PUTIES OF OFFICERS. 

§ 1. Every person chosen or appointed to an executive, Oath of office. 
judicial or administrative office under this act, shall, before 
he enters upon the duties of his office, take and subscribe 
the oath of office prescribed in the constitution of this state, 
and file the same, duly certified by the officer before whom 
it was taken, with the city clerk. 

§ 2. The mayor shall, before he enters upon the duties Mayor's oath. 
of his office, in addition to the usual oath, swear or affifm — 
" That he will devote so much of his time to the duties of 
his office as an efficient and faithful discharge thereof may 
require." He shall preside over the meetings of the city Duties of may- 
council, and shall take care that the laws of this state and ''^' 
the ordinances of this city are duly enforced, respected and 
observed within the city, and that all other officers of the 
city discharge their respective duties. He shall cause neg- 
ligence and positive violation of duty to be prosecuted and 
punished. He shall from time to time give the city council 
such information, and recommend such measures, as he 
may deem advantageous to the city. 

§^ 3. He is hereby authorized to call on any and all Posse, 
white male inhabitants of the city or county over the age 
of eighteen years, to aid in the enforcing of the laws of the 
state or the ordinances of the city ; and any person who 
shall not obey such call shall forfeit, to said city a tine of not 
less than live dollars. 

§ 4. He shall have power whenever he shall deem it May requira ex- 
necessary to require of any of the officers of the city an ex- *'''''* of books, 
hibit of his books and papers. And he shall have power to 
execute all acts that may be required of him by this act, or 
any ordinance made in pursuance thereof. 

§ 5. He shall be liable to indictment in the circuit court indictment of 
of Effingham county for palpable omission of duty, willful "'^ ""'y'^''- 



312 CITIES. 

oppression, raalconduct or partiality in the discharge of the 
duties of his office ; and upon conviction shall be subject 
to a fine not exceeding one hundred dollars, and the court 

^officr' ^'°^ s^^'^^1 ^^^^'*3 power, upon recommendation of the jury, to add 
as a part of the judgment that he be removed from office. 

Ordinances. § 6. All Ordinances and resolutions shall, before they 

take effect, be placed in the office of the city clerk, and if 
the mayor approve them he shall sign the same, and such 
as he shall not approve he shall return to the city council, 
with his objections thereto. Upon the return of any ordin- 
ance or resolution by the mayor, the vote by which the 
same was passed shall be reconsidered, and if, after such 
reconsideration, a majority of all the members elected to 

Ayes and noes, the city couucil shall agree by the ayes and noes, which 
shall be entered upon the journals, to pass the same, it shall 
go into effect, and if the mayor shall neglect to approve or 
object to any such proceedings for a longer term than three 
days after the same shall be placed in the clerk's office as 
aftresaid, the same shall go into effect. He shall, ex-oMcio. 

Powers of may- , ^ j • • i. i.i • j i. \ \ \ 

or. have power to admmister auy oath required to De taken by 

this act or any law of the state, to take depositions and 
acknowledgments of deeds, mortgages and all other instru- 
ments of writing, and certify the same under the seal of the 
city, which shall be good and valid in law. 

Vacancy. § '^ ■ I^^ ^ase of vacaucy in the office of mayor, or of his 

being unable to perform the duties of his office by reason of 
temporary or continued absence or sickness, the city coun- 
cil shall appoint one of its members, by ballot, to preside 

Acting mayor, over its meetings, wliose official designation shall be "act- 
ing maj'or," and the alderman so appointed shall be vested 
with all powers and perform all the duties of mayor, until 
the mayor shall resume his office, or the vacancy shall be 
filled by a new election. 

Fire wnrdens. ^ 8. The members of the city council shall be, ex-officio^ 
fire wardens and conservators of the peace within the city, 
and shall be exempt from jury duty and street labor, or 
the })ayment of street taxes during their term of office. 

Clerk, duties of. § 9. The clerk shall keep the corporate seal and all 
papers and books belonging to the city ; he shall atteud all 
meetings of the city council, and keep a full rt^cord of 
their proceedings on the journals, and cojnes of all papers 
duly filed in his office. And transcripts of the journals of 
the proceedings of the city council, certified by him under 
the corporate seal, shall be evidence in all courts in like 
manner as if the originals were produced. He shall like- 
wise draw all warrants on the treasury and countersign the 
same, and keep an accurate account thereof in a book pro- 
vided tor that purpose. He shall also keep an accu- 
rate account of all receipts and expenditures in such 
manner as the council shall direct. And he shall have 



CITIES 313 

power to administer any oath required to b3 taken by this 
act. 

§ 10. It shall be the duty of the city attorney to per- Attomty. 
form all professional services incident to his office, and 
when required, to furnish written opinions upon questions 
and subjects submitted to him by the mayor or city council 
or its committees. 

§ 11, The city treasurer shall receive all moneys be- Treasurer. 
longing to the city, and shall keep an accurate account of 
all receipts and expenditures, in such manner as the city 
council shall direct. All money shall be drawn from the 
treasury in pursuance of an order of the city council, by a 
treasury warrant, signed by the mayor or the presiding of- 
ticer of the city council, and countersigned by the city 
clerk. Such warrant shall specify for what purpose the 
amount therein named is to be paid. The treasurer shall 
exhibit to the city council at least twenty days before the '^°°"'''' ^®J'°''*- 
annual election of each year, and oftener if required, a full 
and detailed account of all receipts and expenditures since 
the date of the last annual report, and also the state of 
the treasury ; which account shall be filed in the office of 
the clerk. 

§ 12. The city marshal shall perform such duties as Marshal, duties 
shall be prescribed by the city council for the preservation °^* 
of the public peace, the collection of license money, fines, 
or otherwise. He shall possess the powers and authority 
of a constable at common law, and under the statutes of 
this state, and receive like fees, but shall not serve civil 
process without first entering into bond as such constable 
to be approved by the county court, as in other cases. He 
shall execute and return all process issued by any proper 
officer under this act, or any ordinance in pursuance there- 
of. 

§ 13. The city engineer or surveyor shall have the sole surveyor 
power, under the direction and control of the city council, ^^^''*°'^ 
to survey within the city limits ; and he shall be governed 
by such rules and ordinances and receive such fees and emolu- 
ments for his services as the city council shall direct and pre- 
scribe; be shall possess, the same powers in makino- plats 
and surveys within the city, as is given by law to ?ounty 
surveyors, and the like effect and validity shall be o-iven to 
his acts and to all plats and surveys made by him a^s are or 
may be given by law to the acts, plats and surveys of the 
county surveyor ; he shall, when required, superintend the 
construction ot all public works ordered by the city, make out 
plans and estimates thereof, and contract for the erection of 
the same; he shall perform all surveying and engineerino- 
ordered by the city council, under their direction ; estabhsh 
the grades and boundaries of streets and alleys, but such 
plans, estimates and contracts, grades and boundaries shall 

Vol. 1-21 



^-. his 

fees and dutie 



314 CITIES. 

be first reported to the city council and approved by them, 

or they shall not be valid. 
Assessor and | jj., The assessor and collector shall perform all duties 

in relation to the assessing of property, for the purpose of 

levying the taxes imposed by the city council. In the per- 
Powers and formancc of his duties, he shall have the same powers as 

are or may be given by law to county or town assessors, 

and be subject to the same liabilities. On completing the 
Revise and sign assessmcut lists, and having revised and corrected the same, 
assessments, j^^ ^j^.^^^ ^j^^^ ^^^ j retum them to the city council. He shall 
Collect taxes collect all taxes and assessments which may be levied by 
"°"°°" the city council, and perform such other duties as may 

be herein prescribed or ordained by the city council. 



and assess- 
inents. 



ARTICLE V. 



POWERS OP THE CITY COUNCIL AND DUTIES. 



side 
Casting vote. 



Quorum. 
Compensation 



City council. g I The iiiajor and aldermen shall constitute the city 

council of the city. The city council shall meet at such 
time and place as they shall, by resolution, direct. The 

Mayor shall pre- may Or, whou present, shall preside at all meetings of the city 
council, and shall have only a casting vote. In his absence, 
any one of the aldermen may be appointed to preside. A 
majority of the persons elected aldermen shall constitute a 
quorum. 

§ 2. The members of the city council shall receive such 
compensation for their services as the city council may direct : 
Provided, that no member of the city council shall receive 
more than two dollars for each regular monthly meeting of 
the city council, and not more than one dollar for every called 
or special meeting of the same ; and it any member shall be 
absent from any meeting of the city council, he shall not 
receive pay for that meeting. No member of the city 
council shall he aj)pointed to, or be competent to, hold any 
office of which the emoluments are paid from the city trea- 
sury, or paid by fees directed to be paid by any act or ordi 
nance of the city council, or be directly or indirectly 
interested in a contract the expense or consideration 
whereof is to be paid unier any ordinance of the city coun- 
cil, or be allowed to vote in any matter in which he is 
directly interested personally or pecuniaril}'. 

§ 3. The city clerk, marshal, treasurer, assessor and 
collector, surveyor and supervisor, and city attorney, shall 
receive sucii pay lor their services as the city council may 
establish by ordinance. 

§ 4. The city council shall hold twelve stated meetings 
(one in each month) during the year, and the mayor or any 
two aldermen may call s})ecial meetings by notice to each of the 
members of the city council, served personally or left at their 
usual places of abode. That said city of Effingham shall not 



City officers. 



Compensation. 



Mectmgs. 



CITIES. 315 

at any time issue city bonds for a greater amount than ten city bonds. 
thousand dollars, without submitting the question of issu- 
ing such bonds to a vote of the legal voters of said city ; 
which vote or election shall be held as elections are now 
held under this [charter] for the election of such officers of 
the corporation, as by this act are required to be elected by 
a vote of the people. If there is a majority in favor of 
issuing bonds, then it shall be lawful for the corporation, 
acting through the proper officer, to issue bonds. Petitions 
and remonstrances may be presented to the city council, 
and they shall determine the rule of their own proceedings, R^^'e of proeeed- 
and be the judges of the election and qualification of their 
own members, and shall have power to compel the attendance 
of absent members. 

§ 5. The city council shall have the control of the finances Powers and du- 
aud of all the property, real, personal and mixed belonging couneii"/ °''^ 
to the corporation, and shall likewise have power within 
the jurisdiction of the city by ordinance — 

First. — To borrow money on the credit of the city and is- 
sue the bonds of the city therefor ; but no sum of money shall 
be borrowed at a higher rate of interest than the rate allowed 
by law, nor shall a greater sum or sums be borrowed, or at 
any time outstanding the interest upon the greater of 
which shall exceed the one-half of the city revenue arising 
from the ordinary taxes within the city for the year imme- 
diately preceding; and no bonds shall be issued or negoti- 
ated at more than ten per cent, below the par value ; and 
when so issued and negotiated the interest on the same shall 
not exceed eight per cent, per annum. The appropriations Appropriations. 
of the city council for payment of the interest, for improve- 
ments, and for city expenses, during any one fiscal year 
shall not exceed the amount of the whole ordinary revenue 
of the city for the fiscal year immediately preceding; but 
the city council may apply any surplus money in the treas- 
ury to the extinguishment of the city debt or the creation 
of a sinking fund for that purpose, or to the carrying on of city debt-sink- 
the public works of the city, or to the contingent fund for ^^s^'^'''^ 
the contingent expenses of the city. 

Second. — To appropriate money and provide for the pay- 
ment of the debts and expenses of the city. 

Third. — To make regulations to prevent the introduction contagious dis- 
of contagious diseases into the city, to make quarantine ''^^®*- 
laws for that purpose, and to enforce them within the city 
and within two miles thereof. 

Fourth. — To make regulations to secure the health and 
comfort of the inhabitants; to prevent, abate and remove Abate nuisauces 
nuisances, and punish the authors thereof, by penalties, 
fines and imprisonment ; to define and declare what shall 
be deemed nuisances, and authorize and direct the summary 
abatement thereof. 



verts and sew- 
ers. 



Ligktiug. 



316 CITIES. 

Water. Fifth.~To provide the city with water ; to make, regu- 

late and estabHsh pubHc wells, pumps and cisterns, hydrants 
and reservoirs, in the streets within the city or beyond the 
limits thereof, for the extinguishment of fires and the con- 
venience of the inhabitants, and to prevent unnecessary 
waste of water, 
streets, alleys Sixth. — To have the exclusive control and power over 
and highway., ^^jg s(.j,gg|-g^ allcvs and highways of the city, and to abate 
and remove any encroachments or obstructions thereon ; to 
open, alter, aboHsh, widen, extend, straighten, establish, 
regulate, grade, clean, or otherwise improve the same; to 
put drains and sewers therein, and prevent the incumbering 
thereof, in any manner, and protect the same from any 
encroachments or injury. 
Bridges, eui- Seventh. — To establish, erect, construct, regulate and 
keep in repair, bridges, culverts and sewers, sidewalks and 
crossways and regulate the construction and use of the same 
and abate any obstructions or encroachments thereof; to 
establish, alter, change and straighten the channels of water 
courses, and natural drains, to sewer the same or wall them 
up, and cover them over, and to prevent, regulate and 
control the filling up, altering or changing the channels 
thereof, by private persons. 

Eighth. — To provide for lighting the streets and erecting 
lamp posts thereon, and regulate the lighting thereof, 
and from time to time create, alter or extend lamp dis- 
tricts ; to exclusively regulate, direct and control the laying 
Gas pipes »nd aud repairing the gas pipes and gas fixtures in the streets, 
fixtures. alleys and sidewalks. 

Market houses. Ninth. — To establish and erect markets and market houses 
and other public buildings of the city, and provide for the 
government and regulation thereof, and their erection and 
location, and to authorize their erection in the streets and 
avenues of the city, and the ooutinuation of such as are 
already erected within the same. 
Public grounds Tenth.— To provide for the inclosing, regulating and im- 
proving all public grounds and cemeteries belonging to the 
city, and to direct and regulate the planting and preserving 
of ornamental and shade trees in the streets or public 
grounds. 
Hospitals. Eleventh. — To erect and establish one or more hospitals 

or dispensaries and control and regulate the same. 
Obstructions. Twelfth. — To prevent the encumbering of the streets, 

alleys, sidewalks or public grounds with carriages, wagons, 
carts, wheel-barrow^s, boxes, lumber, timber, fire wood, posts, 
awnings, signs, or any other substances or material what- 
ever; to compel all persons to keep the snow, ice, dirt and 
other rubbish from the sidewalks and street gutters in front 
of the premises occupied by them. 
Licenses. Thirteenth. — To license, tax and regulate merchants, 

inn-keepers, brokers, money brokers, insurance brokers, 



and cenmete- 
riea. 



CITIES. 317 

auctioneers and insurance agents, and to impose duties on 
the sale of goods at auction ; to license, tax, regulate, sup- 
press and prohibit hawkers, peddlers, pawnbrokers, grocery 
keepers, and keepers of ordinaries, theatrical or other exhi- 
bitions, shows and amusements. 

Fourteentli. — To license, tax, regulate and suppress hack- ^enre^tc.' ^^"^^ ' 
men, draymen, omnibus drivers, porters, and all others pur- 
suing like occupations, with or without vehicles, and pre- 
scribe their compensation ; and to regulate and restrain Runners, 
runners for stages, cars and public houses. 

Fifteenth. — To license, tax, regulate, prohibit and sup- ^Jj'j^'"'^ **^'®^' 
press billiard tables, pin alleys and ball alleys; to suppress 
and restrain disorderly houses, tippling shops, saloons and 
groceries, bawdy houses, gambling and gambling houses, 
lotteries, and all fraudulent devices and practices, and all 
playing of cards, dice and other games of chance, with or 
without betting, and to authorize the destruction of all in- 
struments and devices used for the purpose of gaming. 

Sixteenth. — To authorize the proper officer of the city to Fees and char- 
grant and issue licenses and to direct the manner of issuing ^^^ ° ' 
and registering thereof, and the fees and charges to be paid 
therefor. No license for tippling shops, saloons and groce- 
ries shall be granted for more than one year. 

Seventeenth. — To restrain, regulate and prohibit the sell- '^/aU^'^of intox- 
ing or giving away of any intoxicating or malt liquors by icatingUquors. 
any person within the city, except by persons duly licensed ; 
to forbid and punish the selling or giving away of any in- 
toxicating or malt liquors to any minor, apprentice or ser- 
vant, without the consent of parent, guardian, master or 
mistress. 

Eighteenth. — To regulate the inspection and vending of inspection of 
fresh meats, poultry and vegetables, of butter, lard and other ^^**^'P°" ^^'^^ 
provisions, and the place and manner of selling fish and 
inspecting the same. 

Nineteenth. — To regulate, license and prohibit butchers, supervision of 
and to revoke their licenses for mal-conduct in the course of 
trade. 

Iwentieth. — To establish standard weights and meas- weights and 

1 , 1 , . , , " , measures. 

ures and to regulate the weights and measures to be 
used within the city, in cases not otherwise provided 
by law ; to require all traders or dealers in merchan- 
dize or property of any description which is sold by meas- 
ure or weight to cause their measures and weights to be 
tested and sealed by the city sealer, and to be subject to 
his inspection. The standard of such weights and measures 
shall be conformable to those established by law or ordi- 
nance. 

Tioenty-first. — To create, establish and regulate the police Police, 
of the city ; to appoint watchmen and policemen, and pre- 
scribe their duties and powers. 



318 CITIES. 

Riots, etc. Twenty -second. — To prevent and suppress any riot, rout, 

aftray, n(jise, disturbance, disorderly assemljly in any public 
or private place within the city. 

Horseracing. Twenty -thiTcl. — To prohibit, prevent and suppress horse 
racing, immoderate riding or driving in the streets, and to 
authorize persons immoderately riding or driving, as afore- 
said, to be stopped by any perscm ; to proliibit and punish 
the abuse of animals ; to compel persons to fasten their 
horses or other animals attached to vehicles or otherwise, 
when standing or remaining in the streets. 

Vagrants, etc. Ttoeniy-fotiHh. — To restrain and punish vagrants, men- 
dicants, street beggars and prostitutes. 

Running at Twtnty-jive. — I'o regulate, restrain or prohibit the run- 

ifo?se°,*etc.'"^' "i^o ^^ large of horses, cattle, swine, sheep, and goats and 
geese, and to authorize the distraining, impounding and 
sale of the same for the costs of proceedings and the pen- 
alty incurred, and to impose penahies on the owners thereof 
for the violation of any ordinances in relation thereto ; to 
regulate, restrain and prohibit the running at large of dogs, 
and to authorize their destruction when at large contrary to 
ordinance, and to impose penalties on the owners or keepers 
thereof. 

Fire-arms. Iwenty-six. — To prohibit and restrain the firing of guns, 

pistols, lire-crackers and all other fire-arms; to prohibit and 
restrain the ringing of bells, blowing of horns or bugles 
and all other noises, performances and practices tending to 
the collection of persons on the streets or sidewalks. 

Unwholesome Tioenty sei^enth. — To compel the owner or occupant of 

house^,^eTc'.'' ^"7 gfoccry, cellar, packing-house establishment for steam- 
ing or rendering lard, tallow or offal, soap or tallow-chandler, 
blackstnith shop, tannery, stable, privy, sewer, distillery, 
brewery, liverj' etables, slaughtering establishments, or other 
unwholesome or nauseous house or place ; to cleanse, re- 
move or abate the same, as may be necessary for the health, 
comfort or convenience of the inhabitants. 

Enumerations. Ttoenty- eighth. — To provide for taking an enumeration of 
the i/d)abitants of the city. 

Punishment of Tvje7ity ninth. — To ])rovide for the punishment of offend- 
ers against the ordinances of said city by fines and ibrfeit- 
ures and imprisonment, and the nuigistrate or court before 
whom such ofi'enders shall be tried, shall have power to 
direct, as part of the judgment against said ofi'enders ; in 
case they shall fail or refuse to pay said fines and forfeit- 
ures aiui costs, said ofi'enders shall be committed to the 
county jail of said Effingham county, until such fines, forfeit- 
ures and costs shall be ])aid, or until otherwise discharged 
by due process of law. Process maybe issued immediately 
by said nuigistrate or court, on rendition of judgment, to 
enforce payment thereof; and in all cases of riot, rout, 
affrays, swindling, gaming, sale of intoxicating or malt 
liquors without license, assault or assault and battery, and 



CITIES. 319 

vasrancy ; the dieting of such persons so committed to said 
jail to be paid for by the said county ot Effingham. 

Thii'tiet/i. — To direct and control the laying and con- To regulate raii- 
strnction of railroad tracks, bridges, turn-outs and switches ^°*'^*^"'*'='"'«'° 
in the streets and alleys and the location of depot grounds 
within the city; to require that railroad tracks, bridges, turn- 
outs and switches, shall be so constructed and laid as to inter- 
fere as little as possible, with the ordinary travel and use of 
the streets and alleys, and that sufficient space shall be left on 
either side of said tracks for the safe and convenient passage 
of teams and persons; to require railroad companies to keep 
in repair the streets through which their track may run, and 
to construct and keep in repair suitable crossings at the 
intersection of streets and alleys and ditches, sewers and 
culverts, where the city council shall deem necessary; to 
direct and prohibit the use, and regulate the speed of loco- 
motive engines within the inhabited parts of the city ; to 
prohibit and restrain railroad companies from doing storage 
or warehouse business or collecting pay for storage. 

Tldrty-fii'st. — The city council shall have power to pass, Power to pass 
publit^h, amend and repeal all ordinances, rules and police °'''^'°"''^^®*'- 
regulations, not contrary to the constitution of the United 
States or of this state, for the good government, peace 
and order of the city, and the trade thereof that may 
be necessary or proper to carry into effect the powers 
vested by this act in the corporation, the city government or General powers 
any department or officer thereof ; to enforce the observance t°o govem'^°the 
of all such rules, ordinances and police regulations, and to *^'*^' 
punish violations thereof by fines, penalties and imprison- 
ment in the county jail of Effingham countj ; but no fine 
or penalty shall exceed five hundred dollars, nor the im- 
prisonment six months, for any offence, and such fine or 
penalty may be recovered with costs in any action of debt, 
in the name or for the use of the city, before any court hav- 
ing jurisdiction, and punishment inflicted ; and any person 
upon whom any fine or penalty [is] imposed, shall stand 
committed until the payment of the same and costs, and 
in default thereof may be imprisoned in the county jail for 
such time and in such manner as may be provided by ordi- 
nance. 



ARTICLE VI. 

OF TAXATION. 

§ l._ The city council shall have power within the city 
by ordinance. 

First. — To levy and collect annually, taxes not exceeding Power to levy 
five mills to the dollar, on the assessed value of all real erarpurpo^ls.' 
aud personal estate and property within the city, and 
all personal property of the inhabitants thereof, made tax- 



320 CITIES. 

able by the laws of tlie state for state purposes, to defray 
the general and contingent expenses of the city not herein 
otherwise provided for, which taxes shall constitute the 
general fund. 

School purpo- iSecond. — To annually levy and collect a school tax not 

^^^' exceeding five mills on the dollar, on all property taxable 

for state purposes for purchasing ground for school houses, 

building and repairing school houses, and supporting and 

maintaining schools. 

'^teres't on^ c'it" Third. — To Icvy and collect taxes not exceeding five mills 

debt. ^ '^ to the dollar, per annum on all property subject to taxation, 
to meet the interest accruing on the debt of the city; and 
the city council shall pass no ordinances or resolution incur- 
ring or creating a debt, without at the same time making 
provision for the levying a tax suflicient to meet the pay- 
ment ot the interest accruing thereon when payable. 

Tax jor^ public FouTtli. — To annually levy and collect taxes on all pruperty 
'°°*' subject to taxation, when required for the erection of a city 
hall, markets, hospitals, city prison or work house, the pur- 
chase of market grounds, public squares or parks, or any 
other public improvements : Provided., the estimated costs of 
a city hall, work house or market house may be appor- 
tioned by the city council and collected by a series of annual 
assessments ; but the cost of market grounds, markets, public 
squares or other improvements may be levied and collected 
upon all the real estate and other property in the natural 
divisions of the city in which they are located. No local 
improvement under this section shall be ordered in any 
division or ward, unless the aldermen from such ward shall 
vote for the same; but no tax or taxes shall be levied in 
any one year under this section, which shall exceed five 
mills to the dollar on the property assessed for any or alv 
purposes herein specified. The revenues arising from such 
markets or other improvements, shall be applied to the liqui- 
dation of the cost thereof, and taxes shall be levied and col- 
lected to make up the deficiency. 

Tax for lighting Fifth. — To levy and collect upon all property in sucli 
^^°'^' districts as they shall from time to time create, a tax sufli- 

cient to defray one-half of the expenses of erecting lamp 
posts and posts, and lighting the streets in such district or 
ward, and the tax tlius collected shall be exclusively expen- 
ded for such purposes in the district or ward paying the 
same. 

^iSbo? ^^"^^^^ Sixth. — To require and it is hereby made the duty of 
every male resident of the city over the age of twenty-one 
years and under the age of fifty years, to labor three days in 
each year upon the streets and allej^s of the city; but any 
person may, at his option, pay in lieu thereof three dollars: 
Provided, the same shall be paid within ten days after noti- 
fication by the supervisor or street commissioner. In default 
of payment as aforesaid, the sum of four dollars, and costs 



CITIES. 321 

may be collected, and no set-oft" shall be allowed in any 
suit brought to collect the same. 

ARTICLE VII. 

OK ASSESSMKNTS FOR OPENING STREETS AND ALLEYS. 

§ 1. The city council shall have power to open and lay Power to open 
out public grounds or squares, streets, alleys and highways, leysf*^^"*^ *^" 
and to alter, widen, contract, straighten and discontinue the 
same. But no street, alley or highway, or any part thereof, 
shall be discontinued or contracted, without the consent, in 
writing, of all persons owning land or lots and adjoining said 
street, alley or highway. They shall cause all streets, alleys 
and highways or public squares or ground, laid out by them, 
to be surveyed, described and recorded in a book, to be 
kept by the clerk, showing accurately and particularly, the 
proposed improvement or improvements, and real estate 
required to be taken, and the same when opened and made 
shall be public highways and squares. 

§ 2. Whenever any street, alley, or highway, public -^^on^f ®anci '^^' 
ground or square is proposed to be laid out, opened, altered, against open- 
widened or straightened by virtue hereof, and the amount '"^^ ^^^' 
of compensation can not be agreed upon, the city council 
shall give notice of their intention to appropriate and take 
the land necessary for the same, to the owner thereof, by 
publishing said notice for ten days in the newspaper pub- 
lishing the ordinances of the city, at the expiration of which 
time they shall choose, three disinterested freeholders, 
residing in the city, as commissioners, to ascertain and 
assess the damages and recompense due the owners of said 
real estate respectively, and at the same time to determine 
what persons will be benefited thereby, in proportion as 
nearly as may be, to the benefits resulting to each. A 
majority of all the aldermen authorized by law to be elected, 
shall be necessary to a choice of such commissioners. 

§ 3. The commissioners shall be sworn faithfully and Proceedings of 
impartially to execute their duties to the best of their abili- to™™M«^" 
ties. Before entering upon their duties they shall give at be^em^ ""^ 
least five days' notice to all persons interested, of the time 
and place of their meeting, for the purpose of viewing the 
premises and making their assessments, which notice shall 
be given personally, if the owners are residents and known, 
or by publication in the newspaper publishing the ordinan- 
ces of the city, if non-residents, or unknown. They shall 
view the premises, and in their discretion receive any legal 
evidence, and may, if necessary, adjourn from day to day. 

§ 4. If there should be any building standing in whole mease of build- 
er in part, upon the land to be taken, the commissioners b"e^ TalT^f^ 
before proceeding to make their assessment, shall first ^^^^l^^. p"""' 
estimate and determine the whole value of such building 
to the owner, aside from the value of the land, and the 



322 CITIES, 

actual injury to him in having such building taken from 
him, and secondly the value of such building to him to 
remove. 

^,'oticetobegiv- § 5. At least five days' notice shall be given to the 
®"* owner of such determination vrhen knovpn and a resident 

of the city, which may be given personally or in writing 
left, at his usual place of abode. If a non-resident, or un- 
known, like notice to all persons interested, shall be given 
by publication in the newspaper, publishing the ordinances 
of the city, such notice shall specify the buildings and the 
award of the commissioners and shall be signed by them. 
It shall also require the persons interested to appear by a 
day to be named therein, or give notice of their election, to 
the city council either to accept the award of the commis- 
sioners and allow such building to be taken with the land 
condemned, or appropriated, or of their intention to receive 
such building at the value set thereon by the commissioners 
to remove. If the owner shall agree to remove such build- 
ing he shall have such reasonable time for that purpose as 
the city council may direct. 

In ease of re- § 6. If the owucr rcfuse to take the building at its 

owner °^ ^^^ appraised value to remove, or fails to give notice of his inten- 
tion as aforesaid, within the time prescribed, the city coun- 
cil shall have power to direct the sale of such building at 
public auction for cash, or on credit, giving live days 
public notice of the sale. The proceeds of the sale shall be 
paid to the owner or deposited to his use. 

Valuation^ of § 7. The commissioucrs shall thereupon proceed to 
make their assessment and determine and appraise to the 
owner the value of the real estate appropriated and the 
injury arising from the condemnation thereof, which shall 
be awarded to such owner as damages, after makiuir due 
allowance therefrom, for any benefit which such owner may 
derive from such improvement. In the estimate of dam- 
ages to the land, the commissioners shall include the value 
of the buildings if the property of the owner of the land 
is estimated by them as aforesaid, less the proceeds of the 
sale thereof, or if taken by the owner at the value to remove 
— in that case they shall only inchidethe difference between 
such value, and the whole estimated value of such building. 

Duties of ap- § 8. If the damao;e to any person be greater than the 

praising com- , ,., . , "... , . ' ,. i , ,i ,i 

missioners. bcuefat received, or if the benefits be greater than the 
damages, in cither case the commissioners shall strike a 
balance and carry the difference forward to another cohimn, 
so tliat the assessment may show what amount is to be 
received or ])aid by such owners respectively, and the 
difference only shall in any case, be collected of or paid to 
them, 

§ 9. If the lands and buildings belong to different per- 
sons, or if the land be subject to lease or mortgage, the 
injury done to such ])ersons, respectively may be awarded 



real estate. 



CITIES. 323 

to them by the commissioners, less the benefits resulting to 
them respectively, ir6m the improvement. 

§ 10. Having ascertained the damages and expenses of Apportionment 
such improvement as aforesaid, the commissioners shall °'' ^'^""'^s^s. 
thereupon a]iportion and assess the same together with the 
costs of the proceedings upon the real estate by them deemed 
beiietited in proportion to the benefit resulting from the 
impro^'ements as nearly as may be, and shall descrilie the 
real estate upon which tlieir assessment may be made. When 
com|)leted tite commissioners shall sign and return the same 
to the city council, within thirty days of their assessment. 

§ 11. The clerk shall give ten days' notice by publi- 
cation in the newspaper publishing the ordinances of the 
city, that such assessment has been returned, and on a day 
to be specified therein, will be confirmed by the city council, 
unless objections to the same are made by some person 
interested'. Objections shall be heard before the city coun- 
cil, and the hearing may be adjourned from day to day. 
The city C(»nncil shall have power in their discretion, to 
confirm or annul the assessment, or refer the same back to 
the commissioners. If annulled all the proceedings shall be 
void, if confirmed, an order of confirmation shall l)e entered, 
directing a warrant to issue for the collecti(m thereof. If 
referred back to the same or other commissioners, they Proceedings of 
shall proceed to make their assessment and return the mifs'ionels?^"'' 
same in like matiner, and give like notices as herein required 
in relation to the first, and all parties in interest shall have 
the like notices and rights, and the city council shall per- 
form like duties and have like powers in relation to any 
subsequent determination, as are herein given in relation to 
the first. 

S 12. The city council shall have power to remove com- Removal of 

• ■ I , .• . .• • i. t\ • 1 commissioners 

missioners, and from time to time appoint otiiers m place 
of such as may be removed, or refuse, neglect, or are unable 
from any cause to serve. 

^ 13. The laud- required to be taken for the making, Lfind to he 

" . • 1 ■ ^ , • 1 . 11 taken for pub- 

openmg, widemng, straightening or altering any street, alley lie uses, 
or other highway, or public ground or square, shall not be ap- 
propriated until the damages awarded therefor, to any owner 
thereof, under this act, shall be paid or tendeied to such owner 
or his agent, or in case such owner or his agent Cf^n not be 
found within the city, deposited to his or their credit in 
some safe place of deposit, other than the hands of the treasu- 
rer, and then, and not before, such lands may be taken and 
appropriated for the purpose required in making such im- 
provements, and such streets, alleys, or other highways or 
public grounds may be made and opened. 

§ 14:. When the whole of any lot or parcel of land E^f^^,;*^,^"- land 
or other premises under lease or other contract shall be upon leases 
taken for any of the purposes aforesaid, by virtue of this uacts!^'^"^ *'°'^ 
act, all the covenants, contracts and engagements between 



324 



CITIES. 



landlord and tenant, or any other coutractino- parties 
touching the same or any part thereof, shall upon the con- 
firmation of the report of the commissioners respeetivoiy, 
fully cease and be absolutely discharged. 
When oniv a § 15. "When part only of any lot or parcel of land or 
fs^^akinl"^ '^"^ Other premises, so under lease or contract, shall be taken 
for any of the purposes aforesaid, by virtue of this act, all 
the covenants, contracts, agreements and engagements 
respecting the same upon the confirmation of the report of the 
commissioners, shall be absolutely discharged as to that part 
thereot, so taken, but shall remain valid as to the residue 
thereof; and the rents, consideration and payments received, 
})ayable and to be paid for or in respect to the same shall be so 
proportioned as that the part thereof justly and equitably 
paj'able for such residue thereof, and no more, shall be paid 
or recoverable in any respect of the same. 
Owners af land § 16. Any pcrsou interested may appeal from any order 
may appfai^J.^ of the city couucil for opening, altering, Avidening or 
court. straightening any street, alley or other highway, or public 

ground, to the circuit court of Effingham county, by notice 
in writing to the mayor, at any time before the expiration of 
twenty days after the passage of said final order. In case of 
appeal the city council shall make a return within thirty 
days after notice thereof, and the court shall at the next term 
after return filed in the office of the clerk thereof, hear and 
determine such appeals and confirm or amend the proceedings 
from which judgment no appeal or writ of error shall lie. 
Upon the trial of the appeal all questions involved in said 
proceeding, including the amount of damages, shall be open 
to investigation by affidavit or oral testimony adduced to 
the court, or upon application of the city, or any party. 
The amount of damages may be assessed by a jury of said 
court, without formal pleadings, and judgment rendered 
accordingly, and the burden of the proof shall in all cases be 
upon the city, to show that the proceedings are in conformity 
with this act. 
The owner and § 17. In all cascs whcrc there is no agreement to the 
shall' "beacon- Contrary, the owner or landlord and not the tenant or occu- 
sidered as the pant, shall bc deemed the person who shall and oufijht to 

interested par- ' ' , , ^ , n j- ^i !■ 

ty, pay and bear, every assessment made tor the expense ot any 

public improvement. Where any such assessment shall be 
made upon or paid by any person, when by agreement or 
by law Ihe same ought to be borne or paid by any other 
person, it shall be lawful for one so paying, to sue for and 
recover, of the persons bound to pay the same, the amount 
so ])aid with interest. Nothing herein contained t^hall in 
any way impair or atfect any agreement between landlord 
and tenant, or other j^erson, respecting the payment of 
such assessment. 
Council may § 18. The city couucil may, by ordinance, make any 
make changes, d^anges they may deem advisable, in the proceedings here- 



CITIES. 325 

in prescribed, for ascertaining the damages and injury oc- 
casioned to any person or real estate by reason of tiie 
condemnation of such real estate, or any real estate upon 
which any buildings may be situated, in whole or in part, 
and the assessment of such damages and injury upon per- 
sonal or real estate benefited by the improvement, and in 
all such other respects as experience may suggest. 

§ 19, Where any known owner, or other person, prov- in casethe own- 
ing an interest in any real estate, residing in the city or ®'" '^ ^ ™°°''" 
elsewhere, shall be an infant, and any proceedings shall be 
had under this act, the judge of the circuit court of Effingham 
county, the county judge of said county, or any judge of 
the supreme court, may, upon the application of thecity 
council, or such infant or his or her next friend, appoint a 
guardian for such infant, taking security from such guardian ♦ 

for the faitliful execution of such trust, and all notices and 
summons required by this act, shall be served on such 
guardian. 

ARTICLE VIII. 

PUBLIC IMPROVEMENTS, AND ASSESSMENTS THEREFOR. 

§ 1. The city council shall have power, from time to time, Grading of 
to cause any street, alley or other highway to be graded, re- '"■^^''■®^° 
graded, levied, paved or planked, and keep the same in 
repair, and alter and change the same. 

Second — To cause cross and sidewalks, main drains and sidewalks, etc. 
sewers and private drains to be constructed and laid, re-laid, 
cleansed and repaired, and regulate the same. 

Third — To grade, protect, improve and ornament any Public srounds, 
public square or other public ground now or hereafter laid 
out. 

Fourth — The city council shall have power to assess and Assessments for 
©oliect, of the owners of lots or real estate, in any street or on owners, 
other highway, or any part thereof, in the same manner as 
other city taxes, or in such manner as may be prescribed by 
ordinance, for the purpose of grading, paving or planking 
such streets or other highways. 

i^ 2. That for the purpose of establishing a system of sewerage .and 
sewerage and drainage, the city council may have power to '^^^'''^^^^ 
cause the city to be laid off into districts, to be drained by 
principal and lateral or tributary sewers and drains, having 
reference to a general plan of drainage by sewers and 
drains for the whole city, and number and record the same. 

§ 3. That whenever a majority of the owners of real Tax for drains 
estate within any district shall petition the city council '*°'^^^'^^"- 
for the construction of such drains or sewers in such dis- 
trict, the city council shall have power to levy and collect a 
special tax on the real estate within the district so drained, 
and not to exceed five mills to the dollar per annum, on the 
assessed value thereof, for the purpose of constructing such 



326 CITIES, 

sewers and drains, which tax shall be annually levied, as other 
city taxes, by law, and shall constitute a lien on the real es- 
tate in the district in which it is assessed ; and the city coun- 
cil shall provide for the construction and letting of such sew- 
ers and drains, or such parts thereof as they shall deem 
necessary, and may, from time to time, extend, enlarge or 
alter the same, upon such terms and conditions as they shall 
deem necessary ; and the city council shall have power to 
boriow money for the constrnction of such sewers and 
drains, payable in principal and interest, from the special tax 
collected in such districts, or the city council may apportion 
the estimated cost of such drains and sewers, and collect 
No ordinance the samc by a series of annual assessment, but no ordi- 
to^be replaie^d uauce Creating such debt, special tax or apportionment shall 
iTpaid!'^ "^^^^ ^6 repealed or altered until the debt created thereby shall 

have been paid. 
Power to order § '^- ^^^ owucrs or occupauts of lots or lauds in front 
lots to be filled of, adjoining, or upon whose premises the city council shall 
"'^' order and direct sidewalks or private drains, communicating 

with any main drain to be constructed, graded, repaired, re- 
laid, or cleansed, or shall declare any such land or lots to 
be nuisances, and order the same to be graded, tilled up and 
drained, or otherwise improved, shall make, grade, repair 
or relay such sidewalk, or make, repair or cleanse such pri- 
vate drain, or grade, fill up, drain or otherwise improve 
such lot or land at their own cost and charges, within the 
time and in the manner prescribed by ordinance, or other- 
wise, and if not done within the time and in the manner 
Power to make prescribed, the city council may cause the same to be con- 
and^'^grTunds^, structcd, repaired, relaid, cleansed, filled up, graded, drain- 
costtherlo/^^ cd. Or otherwise improved, and assess the expense thereof, 
by an order to be entered in their proceedings, upon the 
lots and lands respectively, and collect the same by warrant 
and sale of the premises as in other cases. A suit may also 
be maintained against the owner or occupant of such 
premises for the recovery of such expenses, as for money 
paid and laid out to his use at request. 

§ 5. In all cases where expenses may be incurred in the 
removal of any nuisance, the city council may cause the 
same to be assessed against the real estate chargeable there- 
with, in the same manner prescribed in the foregoing sec- 
tion. Such expenses may be likewise collected oV the 
owner or occupant of such premises, in suit for money ex- 
pended to his or their use, and in case the same should not 
^brou-bt'!^ ''° be chargeable to any real estate, suit may in like manner be 
brought for such expenses against the author of such 
nuisance, if known, or any person whose duty it may be 
to remove or abate the same. 
Power to com- § C. The city council shall have power to compel the 
klep^^^^thelr*" owncrs of lots or ground fronting or adjoining any private 
grounds ciean^ or pubHc alleys to keep the same clean, and if necessary, to 



Costa for aba- 
ting nuisances 



CITIES. 327 

dij-ect the same to be paved, planked or otherwise im- 
proved, and the cost thereof to be assessed and collected in 
the same manner as sidewalk assessments. 

ARTICLE IX. 

COLLECTION OF TAXES AND ASSESSMENTS. 

^ 1. The city council shall have power, by ordinance, to Formofassess- 

•Tk 1.1 J- £• .. !• 1. 1 •! ii 1 ment lists. 

prescribe tlie lorm ot assessment lists, and prescribe the du- 
ties and detine the powers of assessors. They may also 
make such rules and give such directions in relation to re- 
vising, altering or adding to the lists as they may deem 
prt)per and expedient. 

§ 2. The annual lists shall be returned by the assessor 
on or before the first Monday in August in each year, but 
the time may be extended by order of the city council. On 
the return thereot the city council shall fix a day for hear- 
ing objections thereto, and the clerk shall give notice of the 
time and pUice of such hearing by publication in the news- 
paper publishing the ordinances of the city, and any person 
feeling aggrieved by the assessment of his property, may 
appear at the time specified and make his objections. Tiie 
city council shall have power to supply omissions in said correcting the 
assessment lists, and for tlie purpose of equalizing the same, ffg^f ^™^"°' 
to alter, add to, take from and otherwise correct and revise 
the same, or to refer the same back to the assessor, with in- 
structions to revise and correct the same. 

§ 3. When the assessment lists have been corrected and 
revised the same shall be filed, and an order confirming the 
same and directing the warrant to be issued for the collec- 
tion thereof, shall be entered by the clerk. The city coun- 
cil shall thereupon, by an ordinance or resolution, levy such Apportioning . 
sum or sums of money as may be sufficient for the several ^^^' 
purposes for whicli taxes are herein authorized to be levied, 
not exceeding the authorized per ceutage, particularly 
specifying the purposes for which the same are levied: 
I*rovided, that a certified copy of such ordinance or 
resolution may be filed in the ofiice of the clerk of the 
county court, whose duty it shall be to place such taxes 
on the collector's book ot the township of Douglas, in said 
county. It shall then be collected in tlie manner provided 
in the ninth section of an act to incorporate cities and towns, 
approved February 10, 1849, for the collection of corporate 
taxes. 

§ 4. All taxes and assessments, general or special, levied 
or assessed by the city council, under this act or any ordi- 
nance in pursuance thereof, shall be a lien upon the real es- 
tate upon which the same may be imposed, voted or assessed, 
for two years from and after the corrected assessment lists 
shall be confirmed, or the passage of the order for assess- 
ment, and on personal estate from and after the delivery of 



328 CITIES. 

the warrant for the collection thereof until paid, and no sale 
or transfer shall aifect the lien. Any personal property be- 
Modes of en- longing to the debtor may be taken and sold for the pay- 
paymMt 'of mcnt of taxcs on real or personal estate, and the real -estate 
^^^^^ shall be taken for the taxes on personal estate in case of 

removal or when the tax can not be made out of the per- 
sonal estate, in the same manner as is prescribed by the 
laws of this state : Provided, that in case the collection of 
any assessments shall be delayed by injunction »*r other 
judicial proceedings, the same shall continue a lien u})on 
tiie real estate for the period of two years from and after 
the iiual disposition of such injunction or other judicial 
proceeding. 
Clerk to issue § o. The clcrk shall issue a warrant or warrants for the 
taxer' ^°'^ taxes, and rule therein separate columns, in which the taxes 
levied shall be separately set down opposite the name of the 
person of such real estate subject thereto. Each column 
shall be headed with the name of the tax therein set down. 
Warrant to be g 6. All Warrants issued for the collection of general or 
8ea"ed. ^ Special taxes and assessments shall be signed by the mayor 
and clerk, with the corporate seal thereto attached, and 
shall contain true and perfect copies of the corrected assess- 
ment lists upon which the same may be issued. They shall 
be delivered to the collector for collection witliin thirty 
days after the tiling of the corrected lists, unless fur- 
ther time for this purpose shall be given by the city coun- 
cil. If not otherwise paid, the collector shall have pow*er 
to collect said taxes, with interest and costs, by suit, in 
the corporate name, or by distress and sale of personal 
property as aforesaid, after a demand and refusal to pay the 
same : Provided, a notice published by the collector for ten 
days in the newspaper printing the ordinances of the 
city shall bo deemed a demand, and a neglect to pay taxes 
What shall be for twenty days thereafter shall be deemed a refusal. The 
tas&l^toply^^' assessor's lists shall in all cases be evidence on the part ot 

the city corporation, 
coiioctor shall § 7. All taxcs and assessments, general or special, shall 
collect taxes. \^q collccted by the collector in the same^ manner and with 
the same power and authority, as is given by law to collect- 
ors of county and state taxes. He shall pay the same, as 
fast as collected, into the city treasury, and his duty in re- 
gard to returning warrants and settling with the city, and 
his liability in case of default or misconduct, shall be the 
same as prescribed by law : Provided, the city council shall 
have power to prescribe the powers, duties and liabilities of 
collectors by ordinance. 
Delinquent tax § 8, lu cascs of the nou-paymcut of any taxes or assess- 
Baies. ments levied or assessed under this act, the premises may be 

sold for the payment thereof, at any time within two years 
alter the continuation of the assessment by the city council. 
Before any such salo an order shall be made by the city coun- 



CITIES. 329 

cil, which shall be entered at large in the journals or record 
kept by the clerk, directing the collector to sell, particularly 
describing the delinquent premises to be sold, and the 
assessment for which the sale shall be made, a certified 
copy of which order, under the corporate seal, signed by 
the mayor or presiding officer and clerk, shall be delivered 
to the collector, which together with the warrant, shall con- 
stitute the process upon which such sale may be made. 

§ 0. The collector shall then advertise such premises in Advertising de- 
the newspaper publishing the ordinances of the city, for saiesf° 
sale at least thirty days from and after the first publication 
of such notice, describing the premises by figures or other- 
wise, with the name of the owner (when known) and the seve- 
ral amounts of the taxes and assessments thereon and costs. 
Said notice shall also contain the time and place of sale and 
shall be published at least four times. The proceedings 
may be stopped at any time on the payment of the taxes or 
assessments and interest with expenses of advertising, 

8 10. All sales shall be conducted in the manner reqaired Mannerof mak- 

•11 1 1 • ■! 1 11 1 I -u i.1- ing delinquent 

by law, but the city council shall have power to prescribe the tax sales, 
manner of conducting the same. The sale shall be made for 
the smallest portion of ground, to be taken from the east side 
of the premises, for which any person will take the same and 
pay the taxes or assessments thereon with interest and costs 
of sale. Duplicate certificates of sale shall be made and sub- 
scribed by the collector, one of which shall be delivered to 
the purchaser and the other filed in the office of the clerk, 
.which certificate shall contain the name of the purchaser, a 
description of the premises sold, the amount of taxes or 
assessments, with the interest and expenses, for which the 
same was sold, and the time when the right to redeem will 
expire. The collector shall be allowed the same fees for 
selling as are allowed for similar services, or his fees may 
be regulated by ordinance. The clerk shall keep a record 
of such sales, which shall be open to public inspection at all 
reasonable times. 

§ 11, The right of redemption in all cases of 'sales for ^®*^^™P.*i''fj,/' 
taxes or assessments shall exist to the owner, his heirs, credi- taxes!" 
tors or assigns to the same extent as is allowed by law in 
cases of real estate for taxes, on the payment in specie or cur- 
rent funds, of double the amount for which the same was sold, 
and all taxes accruing subsequent to the sale, with interest. 
If -the real estate of any infant^ f ennrie covert or lunatic be Redemption in 
sold under this act, the same may be redeemed at any time ^^^^^n^e cov^°t 
within one year after such disability is removed. In case etc. 
of redemption, the money may be paid to the purchaser, or 
for him to the city clerk, who shall make a deposit 
thereof with the treasurer, taking his receipt therefor. If 
not redeemed according to law, the city council shall, upon 
the return of the certificate or proof of its loss, direct a deed 
to be executed to the purchaser under the corporate seal, 
Yol. 1—22 



sicrned by the mayor or presiding officer of the city council, 
and countersigned by the clerk, conveying to said purchaser 
the premises so sold and unredeemed as aforesaid. An ab- 
stract of all deeds so made and delivered, shall be entered 
by the clerk in the book wherein tax sales are recorded. A 
fee of one dollar may be charged by the clerk for any deed 
so issued. 
Deeds for tax § 12, The assignee of any tax certificate of any premi- 
^^^^^ ses sold for taxes or assessments under authority of the city 

council shall be entitled to receive a deed of such premises 
in his own name and with the same effect as thougii he had 
been the original purchaser, 
la ease of no § 13. If at any sale of real or personal estate for taxes 
fan'd*tobe^^^ or assessments, no bid shall be made for any parcel of the 
struck ofrto land or any gc>od8 and chattels, the same shall be struck off 
^*"^' to the city, and thereupon the city shall receive in the cor- 

porate name, a certificate of the sale thereof, and shall be 
vested with the same rights as other purchasers at such 
sales. 
Tax deeds shall | 14, All dceds made to the purchasers of lots or real 
evidence. "^"'^ estate sold toi taxcs or assessments by order of the city 
council, shall be prima facie evidence in all controversies 
and suits in relation to the rights of the purchaser, his heii's 
or assigns, to the premises thereby conveyed, of the follow- 
ing facts ; Firsts that the land or lot conveyed was subject 
to taxation or assessment at the time the same was adver- 
tised for sale, and had been listed and assessed in the time 
and manner required by law. Second, that the taxes or 
assessments were not paid at any time before the sale. 
Third, that the land conveyed had not been redeemed from 
that sale at the date of the Beed, and shall be conclusive 
evidence of the folllowing facts: First, that the land or lots 
was advertised for sale tor the length of time and in the 
manner required by law. Second, that the land was sold 
for taxes or assessments as stated in the deed. Third, that 
Manner of Bale, the gratitor in the deed was the purchaser. Tourth, that 
the sale was conducted in the manner required by law, and 
in all controversies and ' suits involving the title to land 
claimed and held under and by virtue of Guch deed, the per- 
son or persons claiming title adverse to the title conveyed 
by such deed, shall be required to prove, in order to defeat 
the said title, either that the land was not subject to taxa- 
tion at the date of the sale, that the taxes or assessments 
had been paid, that the said land had never been listed or 
assessed for taxation or assessment, or that the same had 
been redeemed according to the provisions of this act, and 
that such redemption was made for the use and benefit of 
the persons having the right of redemption under the laws 
Title to land; of thc State. But no person shall be permitted to question 
the title acquired by the said deed without first showing 
that he, she or they, or the person under whom he, she or 



331 



they claim title, had title to the land at the time of the sale, 
or that the title was obtained from the United States or this 
state, after the sale, and that all taxes due upon the lands 
have been paid by such persons or the persons, under whom 
he claims title as aforesaid. 



ARTICLE X. 

FIRB DEPARTMENT 



§ 1. The city council, for the purpose of guarding Powersioguard 
against the calamities of tire, shall have power to prohibit ^^'°^ ^''^^' 
the erection, placing or repairing of wooden buildings within 
the limits prescribed by them, without their permission and 
direct, and prescribe that all buildings within the limits 
prescribed shall be made or constructed of tire proof mate- 
rials, and to prohibit the re-building or repairing of wooden 
buildings within the fire limits, when the same shall have 
been damaged to the extent of fifty per cent, of the value 
thereof, and to prescribe the manner of ascertaining such 
damage ; to declare all dilapidated buildings to be nuisances 
and to direct the same to be repaired, removed or abated 
in such manner as they shall prescribe and direct; to de- 
clare all wooden buildings within the fire limits which they 
may deem dangerous to contiguous buildings, or in causing 
or promoting tires, to be nuisances, and to require and cause 
the same to be removed or abated in such manner as they 
shall prescribe. 

§ 2. The city council shall have power, Mrst, to regu- power to regu- 
late the construction of chimneys and flues so as to admit of chfmneyl/"*^ 
chimney sweeps or other mode of cleaning, and to compel the 
cleaning and sweeping of chimneys. 

Second. — To prevent and prohibit the dangerous con- Fire places and 
struction and condition of chimneys, flues, tire-places, ^^o^^p'p^s- 
stove-pipes, ovens, or any other apparatus used in or about 
any building or manufactory, and to cause the same to be 
removed or placed in a secure and safe condition, when con- 
sidered dangerous. 

Third. — To prevent the deposit of ashes in unsafe places, Regulate depo- 
and to appoint one or more officers to enter into buildings s»t of ashes. 
and inclosures to examine and discover whether the same 
are in a dangerous state, and to cause such as may be dan- 
gerous to be put in safe condition. 

Fourth. — To require the inhabitants to provide as many power to com- 
fire buckets, and in such manner and time, as they shall Eeep wins and 
prescribe, and to regulate the use thereof in times of fire ; cisterns. 
and to require all owners and occupants of buildings to 
construct and keep in repair wells or cisterns upon their 
premises. 



332 CITIES. 



Ji\ftk—To resulatG and prevent the carrying on of 
manufactories and works dangerous in promoting or caiis- 

To prohibit fir. '"|S-To regukte, prevent and prohibit the nse of lii-e- 

work8,etc. ^oi-kg and tire-arms. ,.,.., ^ f 

concerning ^^.^^A.-To dircct and prohibit the managemen of 



gun powc 



houses for the storing of gun powder and other combustible 
and dangerous material within the city ; to regulate the keep- 
ing and conveving of the same, and use of candlesand other 
liAts in stables and other like houses 
coneernin^par- "^ Eighth. --Ho rcguhUe and prescnbc the manner and order 
titionwaiisand ^^^ ^-^jlj-j^,^ ^f parapet and partition walls, and paitition 

^^^Ninth —To compel the owners or occupants of houses or 
other buildings to have scuttles in the roofs and stairs and 
ladders leading to the same. 
Authority io T,;^^A._To^ authorize the mayor, hre-wardens or other 
iieep pers^ons ^xr- f g„i^| citv to kccp away ti'om the vicinity oi any 

..,.o.fires ^^-^^^^2 or susiVicious pcrsous, and to compel alU>fficers 
of the citv, and all other persons, to aid in the extinguish- 
ment of fires and in the preservation ot property exposed 
to danger thereat, and in preventing goods Irom being 

'^"ilLn^A.-And generally to establish such regulations 
for the prevention and extinguishment of fires as tlie city 
council may deem expedient. , 

Fire engines. « 3 The city couucil may procure fire engines and all 
other apparatus used for the extinguishment ot fires and 
hive the charge and control of the same, and provide fit 
and secure houses and other places for keeping and pre- 
serving the same, and shall have power— 

^i^^st —To organize fire, hook, hose, axe and ladder com- 
panies, and such other companies as may be necessary 

Appointment Of ^ Secoud.-l^o appoint during their pleasure, a compe^^ 
^'■''"^°- number of able and respectable inhabitants ot the city as 

firemen, to take the care of and management of the engines 
and other apparatus and implements used and provided tor 
the extinguishment ot fire. 

. . f fi,.. Third.^To prescribe the duties oi firemen, and to make 

rer " '""rules and regulations for their government, and to impose 
reasonable penalties upon them for a violation ot the same ; 
and for incapacity, neglect of duty, or misconduct, to re- 

chiefand^ssiH- "' i^LrS^-Thc city council shall have power to appoint a 

'amSneeT* ,{J^ ^,,,^ ^ssistaut engineers of the fire department, and they, 

with the other firemen, shall take the care and management 

of the en.nnes and other apparatus, and implements provided 

and used for the extinguishment of fires and their powers 

and duties shall be pres'cribed and defined by the city counci . 

t 4 The members of the city council and firemen shall, 

^ifrtZrfro^' during their terms of service as such, be exempted trom 



Hook compa 

nies. 



CITIES. 333 

serving on juries, in the militia, or working on the streets, 
or paying any taxes for the same. The name of each fire- 
man shall be registered with the clerk of the oity, and the 
evidence to entitle him to the exemption provided in this 
section shall be the certificate of the clerk under the corpo- 
rate seal for the year in which exemption is claimed. 

ARTICLE XI. 

MISCELLANEOUS PR0YISI0.\3. 

I 1, The city council shall, at least ten days before the Report of re- 
annual election in each year, cause to bo published in penditu«s. ^^' 
the newspaper publishing the ordinances of the city a cor- 
rect and full statement of the receipts and expenditures 
from the date of the last annual report, together with the 
sources from whence the former are derived, and the mode 
of disbursement, and also a distinct statement of the whole 
amount assessed, received and expended in the respective 
wards and divisions, for making and repairing streets, high- 
ways and bridges for the same period, together with such 
information as may be necessary to a full understanding of 
the financial concerns of the city. 

S 2. The inhabitants of the city of Efiingham are hereby ci-tizens exempt 

J. -> r 1" ji'i 1 1 from road labor 

exempted trom woricmg upon any road or highway beyond outside the city 
the limits of the city, and from paying the ta;x in lieu '"""»• 
thereof, without said limits. 

§ 3. The street commissioner shall demand the services ^n°e'!'^of°re™ui^'- 
of all persons who are required to labor on the streets and fug and per- 
alleys of the city, at such time and place, and in such [man- [ab™'*e"te/°^'^ 
ner] as the city council may direct, or the street commissioner 
shall deem necessary. He shall deliver or cause to be deliv- 
ered or left at the usual place of abode or business of any 
person so required to labor, as aforesaid, a written or printed 
notice, or partly v^ritten or partly printed notice, in such 
form as the city council may prescribe, which notice shall 
be given at least five days previous to the first day on 
which he or they are required to labor, requiring such 
person to appear at such time and place as may be designa- 
ted for the purpose of laboring upon the streets and alleys. 
But a similar notice published for ten days in the newspaper Notice, 
publishing the ordinances of the city by the street commis- 
sioner, or posted in three of the public places of the ward 
or district, shall be deemed a sufficient notice to require all 
persons to appear and labor as aforesaid. Upon the neglect Neglect to ap- 
of any person to appear and fabor, as aforesaid, or to pay p^**^ ^""^ ^"^<"" • 
the tax, the collector shall collect from each person, in the 
same manner as other taxes, the sum of three dollars, with 
his commission for collecting the same added thereto, or the 
same may be recovered by suit with costs, as in other cases. 

§ 4. The city council shall have power to establish. Names of 
make and declare boundaries, and names of streets and «'"®'^' 
alleys. 



334 



Fines and pen- § 5. All fines, forfeitiires and penalties collected for 
the^city treil oftences Committed within said city, shall be paid into the 
""■y treasury of said city by the ofiicers collecting the same, and 

all fines and forfeitures collected of any citizen of said city, 
for any conviction in the circuit court, shall be paid over in 
like manner. 
Additions to the § 6. The city council shall have power to require that 
'^'*^' all additions hereafter made to said city, or all lands adjoin- 

ing or within the same ^laid out into blocks or lots, shall be 
so laid out and platted as to correspond and conform to the 
regular blocks, streets and alleys already laid out and estab- 
lished within the city. 
Money to be § 7, The city couucil shall, in all expenditures fur pur- 
expended. pQggg stnctly local, cxpcud annually in the several natural 
divisions of"the city, such proportion as near as may be of 
the whole expenditures for like purposes during the same 
period as will correspond to the several sumscontrihnted by 
each division to the general fund ; street taxes shall be ex- 
pended in the several wards or districts where the persons 
paying the same may respectively reside. 
Remission of § 8. Neither the city council or mayor shall remit any 
^°®^' fine or penalty imposed upon any person, for a violation of 

any laws or ordinances of said city, or release from confine- 
ment, unless two-thirds of all the aldermen elected shall vote 
for such release or remission. Nor shall any thing in this 
act be so construed as to oust any court of juiisdiction, to 
abate and remove nuisances within its jurisdiction, by in- 
dictment or otherwise. 
Vote of city § 9. No votc of the city council shall be reconsidered 
res'dndrd^"'' or rescinded at a special meeting, unless the meeting be 
called in whole or in part for that purpose, and the alder- 
men be so notified, and unless at such special meeting, 
there shall be present as large a number of aldermen as 
as was present when the vote was taken. 
Publication of § 10. Every ordinance, regulation and by-law imposing 
ordinance. ^^^^ penalty, fine, imprisonment, or forfeiture, for any viola- 
tion of its provisions, shall, after the passage thereof, be ])ub- 
lished in one weekly issue of the newspaper publishing the 
ordinances of the city ; and proof of said publication by the 
afiidavit of the printer or publisher of such newspaper 
taken before any officer authorized to administer oaths and 
filed with the clerk, or any other competent proof of such 
publication, shall be conclusive evidence of the legal publica- 
tion and promulgation of such ordinance, regulation or by- 
law, in all courts and places. 
Actions for re- §11. AH actious brouglit to recover any penalty or for- 
aule^s.^ "^"^ ^*"" i'eiture incurred under this act or any ordinance, by-law, or 
police regulation, made in pursuance thereof, shall be 
brought in the corporate name. It shall be lawful to 
declare generally in debt for such penalty, fine, or forfeit- 
ure, stating the clause of this act, or the by-law or ordinances 



CITIES. 335 

under which the penalty or forfeiture is claimed, and to give . 
the special matter in evidence under it. 

§ 12. In all prosecutions for the violation of any ordi- ^'"'^P''°''«sato 

r 1 .• , 1 11 be a summons 

nance, by-law, or other regulation, the nrst process shall 
be a summons, unless oath or affirmation be made for a 
warrant, as in other cases. 

§ 13. Execution may be issued immediately on rendi- ^^^'^^'^''^^ ^^ 
tion of judgment. If the defendant I as no goods, chattels, ^^ ^men . 
or real estate, within the county of Effingham, whereof the 
judgment can be collected, the execution shall require the 
defendant to be confined in the county jail, or work-house, 
or city prison, for a term not exceeding six months, in the 
discretion of the court rendering judgment; and all persons 
who may be committed under this section shall be confined 
one day for each one dollar of such judgment and costs; all 
expenses incurred in any execution for the recovery of any 
tine, penalty or forfeiture, when collected, shall be paid into 
the city treasury. 

§ li. No person shall be an incompetent judge, justice, ^cSns"*'^ in 
witness or iuror bv reason of his being an inhabitant or f*®''^., ^^®''® 
freeholder in the city oi Effingham m any action or proceed- party. 
iug in which said city may be a party in interest. 

§ 15. All ordinances, regulations and resolutions, now ^tlf be vaiid°*^^^ 
in force in the town of Effingham, and not inconsistent with 
this act, shall remain in force under this act until altered, 
moditied or repealed by the city council after this act shall 
take effect; and all said ordinances, regulations and resolu- 
tions, and all acts, proceedings, matters and things of any 
and every name and notice whatsoever done, or provided to 
be done by the town trustees of Effingham, before this act 
shall take effect, are hereby made and declared to be valid, 

§ 16. All rights, actions, fines, penalties and forfeitures Fines and pen- 
in suits or otherwise, which have heretofore accrued to said 
town, at any time, shall be vested in and prosecuted by the 
corporation hereby created. 

S 17. All property, real, personal, or mixed, belonging to Real property 

4.1 i. L' T^a2 "^ 1 • 1 1 i. 1 • ..1 ^ ? vested m the 

tne town or Effingham, is hereb}'' vested m the corporation corporation, 
created by this act, and the officers of said corporation now 
in office, shall respectively continue in the same until supen- 
ded in conformity to the provisions hereof, but shall be 
governed by this act, which shall take effect from and after 
its passage. 

§ IS. All ordinances of the city, when printed and pub- ^Jh^H^be^e^^i- 
lished by authority of the city council, shall be received in dence 
all courts and places without further proof. 

§ 19. The style of all ordinances shall be: "Be it ^^y'^Vs! *"*^'' 
ordained by the city council of the city of Effingham." 

§ 20. This act shall not invalidate any legal act done by ^°^^^ '**'*^ 
the town trustees of Effingham, or by its officers, nor divest 
their ^successors under this act of any rights of property or 



336 CITIES. 

otherwise, or liabilities which may have accrued to or been 
created by said corporation prior to the passage of this act. 
Power to make § 21. All officers of the city created conservators of the 
confine prison" pcacc by this act, or authorized by any ordinance, shall have 
®''- power to arrest or cause to be arrested, with or without pro- 

cess, all persons who shall break the peace, ©r threaten to 
break the peace, or be found violating any ordinance of this 
city, commit for examination, and if necessary, to detain snch 
persons in custody over night, or the Sabbath, in the watch 
house, or other safe place, or until they can be brought 
before a magistrate, and shall have and exercise such other 
powers as conservators of the peace as the city council may 
prescribe. 
Digest of ordi- § 22. There shall be a digest of the ordinances of the 
n^noes. ^j^.^ whicli are of a general nature, published within five 

years after the passage of this act, and a like digest within 
every period of five years thereafter. 

§ 23. The mayor shall be, ex officio^ a member of the 
board of supervisors of said county, and entitled to the 
same power and compensation as other members of said 
board. 
Police justice^ § 24. That the present police justice of the town of 
*"'• Effingham shall be and remain the police justice of the city 

of Effingham, until the regular election for city officers, on 
the first Monday of April, 1869, when the present incum- 
bent's term of office expires, when there shall be elected a 
police justice for said city, who shall hold his office for four 
years and until his successor shall be elected and qualified, 
and every four years thereafter there shall be elected a 
pohce justice for said city, who shall be qualified in the 
same manner and have the same jurisdiction, and be sub- 
ject to the same liabilities as other justices of the peace of 
said state. 

Approved February 15, 1867. 



In force Feb. 15 AN ACT to incorporate the city of Jacksonville, in the county of Morgan, 
^^^^- and State of Illinois. 



ARTICLE I. 

OF nOlTNDARIKS, GENERAL POWERS AND WARDS. 

Section 1. Be it enacted by the People of the State of 
Illinois^ represented m the General Assembly, That the 
noorporatioD, district of country in Morgan county, and the state of Illi- 
nois, embraced within the present corporate limits (Tf the 



CITIES. 387 

town of Jacksonville, including an extension of one quarter 
mile on the east, one quarter mile on the south, and one 
quarter mile on the west of said corporate limits, and the 
present boundary line of said corporation on the north, run- 
ning east and west from the north-east corner of said exten- 
sion to the north-west corner of the same, with such other 
additions of land as may be incorporated with an 1 come 
under the jurisdiction oi' said city, as hereinafter provided,^ 
is hereby created into a city, by the name of the City of 
Jacksonville, 

§ 2. The inhabitants of the said city shall be a corpora- corporation. 
tion by the name of " City of Jacksonville," and by that 
name shall have perpetual succession, sue and be sued, 
and complain and defend in any court ; may make and use 
a common seal, and alter and change it at pleasure ; may 
take, hold and purchase such real, personal or mixed estate 
as the purposes of the corporation may require, within or 
without the limits of the city, and may sell, lease or dispose 
of the same for the benefit of the city. 

§ 3. The city of Jacksonville shall be divided into four wards. 
(4) wards, the boundaries of which shall be a follows : The 
first ward shall include all that section of said city embraced 
within the said corporate limits of said city, and shall be boun- 
ded and described as follows, to-wit: Commencing at the cen- First ward. 
tre of the public square, and on the line of east State street, 
and running thence on a straight line with the centre of 
said street to the eastern boundary of said city, and thence 
following the boundary line of said city, north and west to 
the centre of north Main street, and thence south on a 
straight line to the place of beginning. 

The boundaries of the second ward shall be as follows, second ward. 
to-wit: Beginning at the point where the boundary of 
the first ward commences, and thence running west on a 
straight line with the centre of west State street to the 
boundary limits of said city on the west, and thence run- 
ning with the boundary line of said city, north and east, to 
the centre of north Main street, and from thence south with 
the said line of north Main street, to the place of beginning. 

The third ward shall include all that section of said city Third ward, 
commencing at the beginning of the boundary of the said 
first ward, and running thence south on the centre of south 
Main street (which is commonly known as St. Louis street) 
to the southern boundary of said city, and running thence, 
east and north, with the boundary of said city, to the 
centre of east State street, and from thence along the centre 
of said street in a straight line therewith, west to the place 
of beginning. 

The fourth ward shall' include all that section of the said Fourth ward. 
city, commencing at the beginning points of the boundaries 
aforesaid, and running thence west on a straight line with 
the centre of west State street to the boundary of the said 



338 



city, and thence running with the said boundary, south and 
east, to the centre of said south Main street, and from tlience 
nortli to the place of beginning. 
Boundaries may The bouudarics ot' Said wurds may be, by the city council, 
changed from time to time ; and the city council may create 
additional wards, as occasion may require, and lix the 
boundaries of the same. 



be changed. 



ARTICLE II. 



OFFICERS THEIR ELECTION AND APPOINTMENTS. 



City conncil. 
City officers. 



Term of office, 



Appointive city 
ofticere. 



Officers who fill 
vacancies. 



Aldermen. 



No quorum. 



Removal from 
the ward. 



Faihira to elect 



Bemoval from 
office. 



§ 1. The .municipal government of the city shall consist 
of a city council, to be composed of the mayor and one 
alderman from each ward. The other othcers of the corpo- 
ration shall be as follows : a city clerk, a city mai'shal, a 
city treasurer, a city attorney, a city collector and assessor, 
a city street commissioner and a city Burveyoi-, who, in 
addition to the duties prescribed by this act, shall perform 
such other duties as may be pi'cscribed by ordinance, 

§ 2. All othcers to be elected or appointed under this 
act, except such as are otherwise provided, shall hold their 
otlices one year and until the election or appointment and 
qualification of their successors, respectively. All other 
officers mentioned in this act, and not otherwise specially 
provided for, shall be appointed by the city council by bal- 
lot, on the first Monday of i^pril in each year, or as soon 
thereafter as may be ; but the city council may specially 
authorize the appointment of watchmen and policemen by 
the mayor, to continue in office during the pleasure of the 
city council. All officers elected to till vacancies, except 
where specially provided for, shall hold for the unexpired 
term only, and when appointed to till vacancies, until the 
next genera] election, or until the election or appointment 
and qualitication of their successors. 

§ 3. The several wards in the city shall be represented 
in the city council by one alderman from each ward, who 
shall be a bona fide resident tliereof. The aldermen shall 
hold their offices for one year from and after their election, 
and until the election and qualification of their successors. 

§ 4. If from any cause there shall not be a quorum of 
aldermen, the mayor, or on the contingency of his inability 
to act, the city clerk, shall appoint the time and place for 
holding a special election to supply such vacancies, and to ap- 
point judges thereof if necessary. If any alderman shall 
remove from the ward represented by him, his office shall 
thereby become vacant. If there should be a failure by the 
people to elect and officer herein required to be elected, 
the city council shall forthwith order a new election. 

§ 5. Any officer elected or appointed to any office, may 
be removed from such office by a vote of two-thirds of all 



CITIES. 339 

aldermen anthorized by law to be elected ; but no officer 

sliall be removed except for good cause, nor unless ^'"st ^^^^^^ ^^ ^^^^^ 

furiiished with the charges against him, and heard in his indefense!'''^ 

defense. 

§ (;i. Whenever any vacancy shall occur in the office of Vacancy, 
mayor or alderman, such vacancy shall be filled by a new 
election, and the city council shall order sucii special elec- 
tions within ten (10) days after the happening of such 
vacancy ; any vacancy occurring in any other office may be 
filled by appointment's by the city council. 

§ 7. " All citizens of the United States, qualified to vote Eligibility; 
at any election held under this act, shall be qualified to hold 
any office created by this act. 

ARTICLE III. 

OF ELECTIONS. 

§ 1. A general election shall be held in each ward of General election 
the city on the first Monday of April next, 1867; the time 
in said day and the place of such election in each ward shall 
be determined by the board of trustees of the town of Jack- 
sonville, who shall give twenty (2U) days' notice thereof, 
posted in two public places in every ward ; and they shall j^^„^^ ^^ gi^^. 
also appoint three (3) judges of election for each ward; at tion. 
such election shall be chosen one mayor by the city at large, 
and one alderman in each ward — the alderman to be voted 
for only by the residents of the M-ard which he is elected to 
represent, a city clerk, a city marshal, a city collector and 
assessor, and a city street conmiissioner. Upon each and Election of otB- 
every first Monday in April thereafter, there shall be held cers. 
a general election for all the officers required to be elected 
by this act. 

§ 2. The manner of conductino; and voting at the elec- Manner ofcon- 

j^« 1 1 1 1 ,1 . , 1 *• ,1 ^ ii 1 ducting elec- 

tions held under this act, and contesting the same, the keep- uons. 

ing of the poll list, canvassing the votes and certifying the 
returns, shall be the same, as nearly as may be, as is now 
or may be hereafter provided by law for state elections; 
Provided^ the city council shall liave power to appoint the Proviso, 
judges thereof; the voting shall be by ballot, and the jud- 
ges of election shall take the same oath, and shall have the 
same power and authority as the judges of state elections. 
After the closing of the polls, the ballots shall be counted. Returns of eiec- 
08 provided by law, and the returns shall be made sealed ^'°°- 
to the city clerk within two (2) davs after the election, and 
thereupon the city council shall meet and canvass thesam.e, 
and declare the result of the said election. The person 
having the highest number of votes for any ofiice shall be 
declared elected, and whenever there shall be a tie vote, a Tie vote. 
new election shall be ordered by the city council. It shall Notice to per- 
be the duty of the city clerk to notify all persons elected or ap- """^ ® ® ® ' 



34:0 orriEs. 

pointed to office of their election or appointment, and unless 
such persons shall quality within ten (10) days after such 

Retiirng of the noticc, the officc sliall becouie vacant. At the first election 
held on the lirst Monday of Aprd next, the returns shall be 
made to the clerk of the board of trustees of the town of 
■Jacksonville, and the president and trustees thereof, shall 
meet and canvass the same, and declare the result of the 
election. 

Who entitled to §3. No persoo shall be entitled to vote at any election 
'°'^®' under this act, who is not entitled to vote at a state election, 

and who has not been a resident of said city at least three 
(3) months next preceding said election ; and he shall have 
been, moreover, an actual resident of the ward in which he 
votes for ten (10) days previous to such election, and the 
voter shall be deemed a resident of the ward in which he is 
accustomed to lodge. 

ARTICLE IV. 

POWER AND DUTIES OF OFFICERS. 

Oath Of office. § 1. Every person cliosen or appointed to executive, 
judicial or administrative otiice under this act, shall, before 
he enters upon the duties of his office, take and subscribe 
the oath ot office prescribed in the constitution of this state, 
and tile the same, duly certified by the officer before whom 
it was taken, with the city clerk. 

Mayor. _ § 2. The mayor shall preside over the meetings of the 

city council, and shall take care that the laws of this state 
and the ordinances of this city are duly enforced, respected 
and observed in this city, and that all other officers of the city 
discharge their respective duties, and he shall cause negli- 
gence and positive violation of duty to be prosecuted and 
punished. He shall, from time to time, give the city coun- 
cil such information and recommend such measures as he 
may deem advantageous to the city. 

Posse. § 3. He is hereby authorized to call on any and all male 

inhabitants of the city to aid in enforcing the laws of the 
state or the ordinances of the city. 

Powers of the § 4. He sliall havc power, whenever he may deem it 

'""y^'- necessary, to require of any of the officers of the city an 

exhibit of all Ins books and papers, and he shall have power 

to execute all acts that may be required of him by this act 

or any ordinance made in pursuance thei-eof. 

Salary. § 5. He sliall receive such salary as may be fixed by 

ordinance. 

Approval of § 6. All Ordinances and resolutions shall, before they 

ordinances, ^j^j,^ effect, be placed in the office of the city clerk and no- 
tice thereof given to the nuiyor; and, if the mayor approve 
thereof, he shall sign the same, and such as he shall not 
approve, he shall return to the city council with his objec- 

Mayor's veto, tious thcrcto. Upon the return of any ordinance or resolu- 



CITIES. 341 

tion to the council, by the mayor, the vote by which the 
same was passed shall be reconsidered, and if, after such re- 
consideration, a majority of all the members elected to the 
city council shall agree by the ayes and noes which shall be Ayes and noes, 
entered upon the journal, to pass the same, it shall go into 
effect ; and if the mayor shall neglect to approve or object 
to any such proceedings for a longer pej-iod than three {3) 
days alter the same shall be placed in the clerk's office and 
notice as aforesaid, the same shall go into effect : Provided, Proviso, 
that a vote passing a resolution or ordinance over the veto of 
the mayor, shall not be taken within one week after the first 
passage of the restdution or ordinance; he shall, eao^c^'o, have Mayor may ad- 
power to administer any oath required to be taken by this 
act, and certify the same under the seal of the city. 

§ T. In case of vacancy in the office of mayor, or of his Acting mayor. 
being unable to perform the duties of his office, the city 
council shall appoint one of its members, by ballot, to pre- 
side over their meetings, whose official designation shall be 
^'■Acting Jlayor,^'' and the alderman so appointed shall be 
vested with all the powers and perform all the duties of 
mayor until the mayor shall resume his office or the vacancy vacancy, 
shall be filled by a new election. 

§ 8. The members of the city council shall he, ex ojwio, Fire-wardens, 
fire-wardens and conservators of the peace during their term 
of office. 

§ 9. The clerk shall hold his office for one year ; he shall city cierk. 
keep the corporate seal and all papers and books belonging to 
the city ; he shall attend all meetings of the city council, and 
keep a full record of their proceedings on the journal, and 
safely keep all papers duly filed in his office, and transcripts 
from the journals of the proceedings of the city council, and 
copies of documents certified by him, under the corporate 
seal, shall be evidence in all courts, in like manner as if the 
originals were produced. He shall likewise draw all war- " 
rants on the treasury and countersign the same, and keep 
an accurate account thereof in a book provided for that 
purpose ; he shall also keep an accurate account of all re- 
ceipts and expenditures in such manner as the city council 
shall direct, and he shall have power to administer any oath oaths. 
required to be taken by this act. 

§ 10. It shall be the duty of the city attorney to per- Attorney. 
form all professional duties incident to his office, and when 
required, to furnish written opinions upon questions and 
subjects submitted to him by the mayor or the city council 
or its committees. 

§ 11. The city collector and assessor shall collect all collector and 
taxes and assessments which may be levied by the city *^*®"°''- 
council ; he shall collect all moneys belonging to the city, 
and shall pay the same over into the hands of the treasurer, 
keeping an accurate account of the same. 



342 

Treasurer. 



Treasury war 
rants. 



Annual state- 
ment. 



City marshal. 



Fees. 
Bond. 

Process. 



Asse.asor and 
collector. 



Powers. 



Duties of street 
commi.ssioner. 



Sidewalks. 



Accounta. 



CITIES. 

^ § 12. The citj treasurer shall receive all moneys belonc^- 
ino- to the city, and shall keep an accurate account of all 
receipts and expenditures, in such manner as the city coun- 
cil shall direct, and no moneys shall be drawn from the 
treasury except in pursuance of an order by the city coun- 
cil, and be drawn by a treasury warrant sii^ned by the mayor 
or the presiding otificer of the city council, and counter- 
signed by the citj? clerk. The treasurer shall exhibit to the 
city council at least thirty (30) days before the annual elec- 
tion of each year, and oftener if required, a full and detailed 
account of ail receipts and expenditures since the date of 
the last annual report, and also the state of the treasury 
which shall be filed in the office of the clerk, and publisht;d 
in some newspaper of said city at least ten (10) days before 
the election. "^ 

§ 13. The city marshal shall hold his office for one year 
and he shall not be eligible to said office for more than 
three (3) years m succession, and shall perform such duties 
as shall be prescribed by the city council for the preserva- 
tion ot the public peace, the collection of license money 
fines or otherwise ; he shall possess the power and authorih' 
of constable, at common law and under the statute of the 
state, and receive the fees, but shall not serve civil process 
without first entering into bond as such constable, to be ap- 
proved by the city council, payable to said city as in other 
cases. He shall execute and return all process issued by 
any proper officer under this act, or any ordinance in pur- 
suance thereof. * ^ 
. _ § W. The assessor and collector shall perform all duties 
in relation to the assessing of property, for the purpose of 
levying the taxes imposed by tlie city council. In the per- 
formance of his duties he shall have the same powers as are 
or inay be given by law to county or town assessors, and be 
subject to the same liabilities; on completing the assessment 
list, and having revised and corrected the same, he shall 
sign and return them to the city council. 

§ 15. The street commissioner shall attend all local im- 
provements in the city, and carry into effect all orders of 
the city council in relation to the same. It shall be his duty 
to superintend and supervise the opening of streets and 
alleys, and the grading and improving thereof, and the con- 
struction and_ repairing of bridges, culverts and sewers: to 
oruer the laying and relaying and repairing of sidewalks; 
to give notice to the owners of property adjoining such 
sidewalks, when required, and upon a failure of any person 
to comply with such notice, to cause the same to be laid or 
relaid or repaired, subject to the provisions hereinafter 
made ; to make plans and estimates of any work ordered 
in relation to streets and alleys, culverts or sewers: to keep 
full and acccurate accounts, in appropriate books, of all ap- 
propriations made for work pertaining to his office, and of 
all disbursements thereof, specifying to whom made and on 



CITIES. 343 

what account ; and he shall render monthly accounts there- 
of to the City council. 

§ 16. The city council shall have power, subject to the Duties and 
expressed provisions of this act, from time to time, to re- ^f o^cers"*"^ 
quire further and other duties of all officers whose duties 
are herein prescribed, and prescribe the power and duties 
of all officers elected or appointed to any office under this 
act, whose duties are not herein specified, and fix the com- 
pensation of all officers. They may also require all officers, 
severally, before they enter upon the duties of their respect- 
ive office, to execute a bond to the city of Jacksonville, in 
such sum and with such securities as they may approve, 
conditioned that they shall faithfully execute the duties of 
their respective offices, and account for and pay over and 
deliver all money and other property received by them, 
which bond, with the approval of the city council certified 
thereon by the clerk, shall be tiled in his office and remain 
for the benefit of any person aggrieved by the official act of 
the officer. 

§ 17. The city council shall also have power to appoint city engineer or 
a city engineer or surveyor, and a city treasurer, and the si^ryeyor. 
necessary number of policemen, and regulate the duties and 
fix the pay of each. 

§ 18. All officers elected or appointed shall be comrais- commission of 
sioned under the corporate seal, signed by the mayor or ^^^^s- 
presiding officer of the city council and clerk. 



ARTICLE V. 

OF THE LEGISLATIVE POWERS OF THE CITY COUXCIL ITS GENERAL POWER AND DUTIES. 

§ 1. The mayor and aldermen shall constitute the city city council, 
council, they shall meet and organize the first Monday after 
their election. The mayor, when present, shall preside at 
all meetings of the city council, and shall have only a cast- Mayor shaii 
ing vote; in his absence any one of the aldermen may be have easting 
appointed to preside. A majority of the persons elected Quorum, 
aldermen shall constitute a quorum. 

§ 2. The city council shall hold twelve (12) stated meet- stated meet- 
ings, one in each month during the year ; and the mayor '°°^ 
or any two aldermen may call special meetings of the coun- 
cil, notice to be served personally, or left at their usual 
place of abode. Petitions and remonstrances may be pre- Petitions, 
sented to the city council, and they shall determine the rule 
of their own proceedings, and shall have power to compel 
the attendance of absent members. 

§ 3. The city council shall have control of the finances finances. 
and of the property, real, personal and mixed, belonging to 
the corporation, and shall likewise have power within the 
jurisdiction of the city by ordinance. 



344: CITIES. 

Borrow money. First — To borrow monej on a credit of the city and issue 
bonds of the city therefoi-, but no bond shall be issued hav- 
ing more than five years to run, and there shall nevei be 
outstanding bonds to a greater amount than two per cent, 
of the last assessed value of the real and personal property 
of the city, unless a majority of the voters of said city 
authorize them so to do, at an election to be held for that 
purpose at such time, and conducted as the city council 
may direct. It shall be the duty of the city council to pro- 

^ndebtednes's*.^ vide either by taxation or by the issue of bonds, for the 
payment of all claims against the citj^, as rapidly as such 

'^trealur*^'^ *h® claims fall due. All orders on the treasury shall be made 
payable on demand, and shall draw no interest. No appro- 
priation shall be made for any public building or other 
improvements out of the general fund of the city, except 
in such cases as wliere the city council shall not have 

Special taxation authority to providc for the same, by special taxation levied 
on the property benelited thereby, or where the city coun- 
cil shall by resolution declare that it will be unjust aiid 
unequitable that the property in the vicinity shall bear the 
expense of such improvement, and that such improvement 
is required by the general interest of the city, and no 

Pubiioimprove- appropriation shall be made for any public improvement 
ments, until the expense of such improvement shall be estimated 

by the proper officers, and unless it shall be found by such 
estimate and a statement of the estimated cost of all other 
public works in progress and other probable expenses of the 
city, that such works can be completed within due time by 
the ordinary surplus revenue of the city and the issue of 
such bonds as the city council is by law authorized to issue. 

Appropriationp. Second — To appropriate moneys, and to provide for the 
payment of the debts and expenses of the city. 

Heaitii of city. Third. — To make regulations to prevent the introduction 
of contagious diseases into the city, to make quarantine 
laws for that purpose, and to enforce them within the city 
and within live miles thereof. 

N«iwn«es. Fourth. — To make regulations to secure the general 

health and comfort of the inhabitants ; to prevent, abate and 
remove nuisances, and punish the authors thereof by 
penalties, fines and imprisonment; to define and declare what 
shall deemed nuisances, and authorize and direct the sum- 
Abatement, niary abatement thereof. 

Pumps and Fifth. — To providc the city with water, to make, regulate 
and establish public wells, pumps and cisterns, by drains, 
hydrants and reservoirs in the streets within the city, or 
be^'ond the limits thereof, for the extinguishment of fire, 
and for the convenience of the inhabitants, and manufac- 
turing interests and to prevent the unnecessary v.-aste of 
water. 

streets, alleys Sixth. — To liavc the cxclusive control and power over 
and highways, ^.j^^ etrcets, alleys and highways of the city, and to abate 



CITIES. 34:5 

and remove any encroaclmients, or obstructions thereon. 
To open, alter, abolish, widen, extend, straighten, establish, 
regulate, grade, clean or otherwise improve any street oi- 
alley, anywhere within the city limits, and to put drains or 
sewers therein, and to prevent the eneunibering thereof in 
any manner, and protect the same from aiiy encroachments 
or injury. 

Seve7ith.—To establish, erect, construct, regulate, and Byd^^es- ««^ 
keep in repair, bridges, culverts and sewers, sidewalks and 
crossways, and regulate the construction and use of the 
same and to abate any obstruction or encroachment thereof ; 
to establish, alter, change and straighten the channel of 
water courses and natural drains, to sewer the same or to Drainage, 
wall them up and cover them over, and to prevent, regulate 
and control the tilling up, altering or changing the channels 
thereof by private persons. 

Eiglith. — To provide for the lighting ot the streets, and Lamps, etc. 
erecting lamp posts, and lamps there in, and regulate the 
lighting thereof, and from time to time correct, alter or 
extend lamp districts ; to exclusively regulate, direct and 
control the laying and repairing of gas pipes, and gas fix- 
tures in the streets, alleys and sidewalks. 

J^finth. — To establish markets and market houses and Markets, 
other public buildings of the city, and provide for the gov- 
ernment and regulations thereof, and their erection and 
location. 

Tenth. — To provide for the inclosing, regulating and Public grounds, 
improving all public grounds and cemeteries belonging to 
the city, and to regulate the planting and preserving of 
, ornamental and shade trees in the streets and other public 
grounds. 

Eleventh. — To erect or establish one or more hospitals or Hospitals, 
dispensaries, and control and regulate the same. 

' Twelfth.— To prevent the encumbering of the streets, °^^*'JJ^,"°" "^ 
alleys, sidewalks or public grounds with carriages, wagons, 
carts, wheel-barrows, boxes, lumber, timber, fire wood, posts, 
awnings, signs or any other substance or material whatever ; 
to compel all persons to keep the snow, ice, dirt and other 
rubbish from the sidewalk and street gutters in front of the 
premises occupied by them. 

Thirteenth. — To license, tax and regulate merchants, Licenses, 
commission merchants and all venders, dealers and traders 
in any goods, wares, merchandize, groceries or liquids, and 
inn-keepers, brokers, money brokers, insurance brokers, 
and auctioneers, and to impose duties upon the sale of goods 
at auction ; to license, tax, regulate and prohibit hawkers,^ 
peddlers, pawnbrokers, grocery keepers and keepers of 
ordinaries, theatricals or other exhibitions, shows and 
amusements. 

Fourteenth.— To license, tax, regulate and suppress hack- Ha°^*^ ^nd 
men, draymen, omnibus drivers, porters, and all others 
Vol. 1—23 



346 CITIES. 

pursuing like occupations with or without vehicles, and 
prescribe their compensation, and to regulate and restrain 
runners for cars, stages and public houses. 

Disorderly Fifteenth. — To prohibit and suppress disorderly houses, 

houses. bawdy houses, gaming and gambling houses, lotteries, and 

all fraudulent devices and practices, and all playing of 
cards, dice, and other games of chance, with or without 
betting, and to authorize the destruction of all instruments 
and devices used for the purpose of gambling. 

Charges for Sixteenth. — To authorize the proper officer of the city, to 

hcense. grant and issue licenses and to direct the manner of issuing 

and registering of the same, and the fees and charges to be 
paid therefor. No license shall be granted for more than 
one year, and no license sh: 11 be granted for more than 
thirty (30) days, except with power reserved to the city 
council to revoke such license at pleasure. The city coun- 
cil shall have power to regulate, license, tax, prohil)it and 

Liquor licenses, pnnish the Sale of intoxicating, alcoholic or malt liquors, 
wine, cider, beer, soda water, or all drinks whatever. 

Forestalling, etc Seventeenth. — To prevent, restrain and punish forestalling 
and regrating; to regulate the inspection and vending of 
fresh meats, ' poultry ^md vegetables, of butter, lard and 
other provisions, and the place and manner of selling fish 
and inspecting the same. 

Butchers. Eighteenth. — To regluate, license and prohibit the butch- 

ers, and to revoke their license for malconduct in the course 
of trade. 

Weights and Nluteenth. — To establish standard weights and measures, 
and regulate the weights and measures to be used within 
the city in all cases not otherwise provided by law ; to 
require all traders or dealers in merchandize or property of 
any description, which is sold by weights or measures, to 
cause their measures and weights to be tested and sealed by 
the city surveyor, and to be subject to his inspection. The 
standard of such weights and measures shall be conform- 
able to those established by law and ordinance. 

Twentieth. — To regulate and provide for the inspecting 
and measuring of lumber, shingles, timber, posts, staves, 
heading, and 'all kinds of building material, and for the 
measuring of all kinds of mechanical work, and to appoint 
one or more inspectors or measurers. 

Twenty -first. — To provide for the inspection and weigh- 
ing of hay, lime and stone coal, and the place and manner 
ofselling the same ; to regulate the measurement of fire- 
wood, charcoal and other fuel to be sold or used within the 
city, and the place and manner of selling the same. 

Twenty -second. — To regulate the inspection of beet, pork, 
flour, meal, and other provisions, whisky and other liquors, 
to be sold in barrels, hogsheads and other vessels or pack- 
ages; to appoint weighers, gangers and inspectors and pre- 
scribe their duties and regulate their fees ; Provided., that 



measures. 



Building mato- 



Forage and fuel. 



Staples. 



CITIES. 347 

nothing herein contained shall be so construed as to require 
the inspection of any articles enumerated herein, which are 
to be shipped beyond the limits of the state, except at the 
request of the owner thereof or his agent. 

Twenty third. — To regulate the weight and quality of Bread, 
bread to be sold or issued within the city, and the inspection 
thereof. 

Twenty-fourth. — To regulate the size and quality of bricks Regulating 
to be sold or used within the city, and the inspection thereof. '^"'='^^- 

Iwenty-fifth. — To prevent and suppress any riot, affray, 
noise, disturbance or disorderly conduct or assembly in any Maintain the 
public or private place within the city. public peace. 

'Twenty-sixth. — To prohibit, prevent and suppress horse 
racing, immoderate driving in the city, and to compel To prevent ra- 
the stopping thereof by any person so authorized ; ' to drifing"*^ '^^^ 
prohibit and punish the abuse of animals ; to compel per- 
sons to fasten and well secure their horses, or other ani- 
mals attached to vehicles, or otherwise, while standing or 
remaining in the streets. 

Twenty-seventh. — To restrain and punish vagrants, men- 
dicants, street beggars and prostitutes, and provide for vagrants, proa- 
the arrest and punishment of persons found intoxicated in ^^'"'^^' ^'^'^' 
the streets or public places. 

Twenty-eighth. — To regulate, restrain or prohibit the run- 
ning at large of horses, cattle, asses, mules, swine, sheep, Prevent the 
goats, and geese, and to authorize the distraining, im- iTrge'of ''ani- 
pounding and sale of the same for the costs of the pro- '"^'^• 
ceedings and the penalty incurred, and to impose penalties 
on the owners thereof tor a violation of any ordinance 
in relation thereto ; to regulate, restrain and prohibit the 
running at large of dogs, and to authorize their destruction 
when at large contrary to ordinance, and to impose penal- 
ties on the owners or keepers thereof. 

Twenty-ninth. — To prohibit and restrain the rolling of 
hoops, flying of kites, or any other amusements or practices To preyent:fly- 
tending to annoy persons passing on the streets or side- olfieranloylng 
walks, or to frighten horses or teams ; to restrain and pro- P'''»°''<^^^- 
hibit the ringing of bells, blowing of horns or bugles, crying 
of goods, and all other noises, performances and practices 
tending to the collecting of persons on the streets or side- 
walks, by auctioneers and others for the purpose of business, 
amusement or otherwise. 

Thirtieth. — To abate all nuisances which may injure or 
affect the public morals, health or comfort in any manner To abate nuis- 
they may deem expedient. «t^<i&i. 

Thirty-first. — To do all acts and make all regulations 
which may be necessary or expedient for the protection and Health. 
promotion of health and the prevention and suppression of 
disease. 

Thirty-second. — To compel the owners of any grocery, Cleanliness. 
cellar, soap or tallow chandler, or blacksmith shop, tan- 



34:8 CITIES. 

nery, stable, privy, sewer or any other imwliolesome nuis- 
ance, house or place ; to cleanse, remove or abate the