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PRIVATE LAWS

THE STATE OF ILLINOIS,

PASSED AT THE

IIIETEENTH GEIERAL ASSEMBLY.

BEGUN AND HELD AT THE CITY OF SPRINGFIELD

JANUARY 1, 1865.

SPRINGFIELD:

LANPHIER & WALKER, PRINTERS.
1855.

PRIVATE LAWS.

AN ACT to incorporate the town of Geneseo, in Henry county. in force Feb. 14

1868.

Section 1. Be it enacted by the people of the state of
Illinoia^ represented in the General %dssembly^ Tliat the
inhabitants of the town of Geneseo, and that district of
country in the next section described, in the county of
Henry, and state of Illinois, be and are hereby constituted
a body corporate and politic, in law and in fact, by the
name and style of " The Town of Geneseo," and by that
name and style shall be known in law, and have perpetual N»ni« »nd •♦tk.
succession, may sue and be sued, plead and be impleaded,
defend and be defended in courts of law and equity in all
actions and matters whatsoever; may grant, purchase and
receive and hold real and personal property within the
limits of said town, and no other, (burial grounds except-
ed,) and may lease, sell and dispose of the same, for the
benefit of the town, and may have power to lease any of
the reserved or donated lands which have been or may be
appropriated to the use of said town, and may do all other
acts as natural persons; may have a common seal, and
change and alter the same at pleasure : Provided^ always^
that the real estate belonging to said town shall not be sold
by the trustees thereof unless the sale has been first author-
ised at some regular town meeting, by a majori':y vote of
the taxable citizens of the town.

§ 2. That all those tracts of land embraced within sec- BonndMteB.
tion twenty- one, in township seventeen north, in range
three east of the fourth principal meridian, and so much of
section sixteen, in said township, as is included in lots
number fourteen, fifteen, sixteen, seventeen and eighteen,
and the south halves of lots number eleven, twelve and
thirteen, and also, so much of lot number six, in said sec-
tion sixteen, and so much of the east half of the southeast
quarter of section seventeen, in said township, as shall lie
south of a direct line extending from east to west across
tl^e centre of said lots number eleven, twelve and thirteen,
15

1855. 2

also, the east half of the east half of section twenty, in said
township.

(Sdtwai p»wer3. § 3. The Corporate powers and duties of said town
shall be vested in five trustees, who, before they enter
upon the duties of their office, and within ten days of be-
ing notified of their appointment or election, shall take an
oath or affirmation before some judge or justice of the
peace to support the constitution of the United States and
of this state, and to faithfully discharge the duties of their
several offices according to the best of their ability.

iifuste^s. § 4. Tliat Merritt Munson, Enos Pomeroy, Robert

Getty, John Wiltshire and Alfred W. Perry, are hereby
appointed trustees of said town under this act, and shall
hold their offices until the first Monday in April, 1855,
and until their successors are elected and duly qualified.

Bcustees to be § 5. The trustees of said town shall be elected annu-

•jected. gijy^ y^y ijallot, on the first Monday of April, to serve for

one year and until ot'jers shall be elected and duly qual-
ified to serve; they shall be, at least, twenty years of age,
citizens of the United States, ane shall reside and have
resided at least one year, and bo a bona fide freeholder
within the incorporated limits of said town.

iuspecti^u of vo- § 6. Those persons only shall be qualified to vote for

*•'*• trustees, or at such town meetings as may be held in con-

formity with this act, who possess the requisite qualifica-
tions to vote for state officers, and are subject to taxation,
and shall reside and have resided within the' limits of said
corporation for six months next preceding the election at
which they may offer their votes.

Kiect prosHent. § 7. That the trustecs shall elect one of their number
president, who shall preside, when present, at all meetings
/ of their board, and have the castin^^ vote in all cases of a

tie, also, when present, preside z.\ elections and town
meetings, and in all cases of a tie have the casting vote,
and have power to call special meetings of the board
whenever in his judgment the public good may require it.
But when absent, the board of trustees ma)^ choose to
preside, temporarily, and act in the place of and as presi-
dent, some other member of their board, who shall there-
by be duly qualified to perform like duties as the president
when present.

Judges of eieo § 8. The trustces shall be judge? of elections and re-
*''^°' turns of its own members, a majority of whom shall con-

stitute a quorum to do business, (but a smaller number
may adjourn from day to day, and compel the attendance
of absent members, in such manner and under such penal-
ties as tiiey may provide,) and have power to punish their
members for disorderly conduct by imposing a fine, or ex-
pel, by vote of three-fifths of their whole number elected,
and to make such other rules for their own government a«

5 lg65.

they deem proper and expedient, and shall have power to vacancies
fill any vacancies in tlie board of trustees occasioned by
death, resignation, removal, or continued absence from
town for six months, or otherwise : Provided^ such va- Proviso.
cancy occurred within threr months of the time for holding
the first succeeding annual meeting.

1^ 9. The board of trustees are authorised and shall ap- App<.iDt«iK««.
point as officers of said town one clerk, one or more
street commissioners, one assessor and a town surveyor;
also, a treasurer, from whom they shall take, before he
enters upon the duties of his office, an adequate bond, to
be by themselves approved, securing to the town the safe
keeping and repayment, on the written order of the pres-
ident and signature of the town clerk, all money that may
come into his hands by virtue of this act, or any ordinances,
law or by-law authorised by it; also, a town constable, who
shall be ex officio collector, wlio, before he enters upon the
duties of his office, shall take the constitutional oath and
oath to faithfully perform the duties of his office, accord-
ing to the best of iiis ability; also, to give bond, with one
or more sureties, to be approved by i\\^ board of trustees,
for the faithful performance of his duties as constable, and
that he will justly account for and pay over all moneys that
may come to his hands by virtue of his office. The said
bond shall be made payable to the town of Geneseo, for
the use of said town, and shall be held by the town clerk
as security, for the benefit of said town. The board of
trustees may also appoint additional constables, or such
other officers as they may deem necessary for the good of
said town, and shall have power to aci^ept the resignation
of any member of their board or any officer appointed by
them, for cause or causes which, to the members thereof,
may be deemed sufficient, by entering the same on their
record of proceedings; and in like manner to remove for
malfeasance, on complaint, or )n tlie knowledge of the
board, or for other causes shown, which, to them, may ap-
pear sufficient.

§ 10, That the board of trustees shall have power to Levy aad ooUMJt
levy and collect taxes, annually, for the general purposes of '""'
Xhf corporation. Tipon all taxable real and personal property
within the corporation, in any sum they may deem expe-
dient, but never to exceed one- halt of one per cent, upon
the assessed value thereof, without having been first sub-
mitted to a vote of the taxable citizens of the town, and
approved by three-fifths of the voters therein, and in such
case never to exceed one per cent, in any one year.

§ 11. The board of trustees shall have power to pass ordiiv»nce«.
•uch ordinances providing for the construction and re-
pairing of side walks, and cross walks as the interest of
the town, from time to time, may require, and tax the ex-

1855. 4

pense of constructing and repairing on the owners or oc-
cupants of lots subject to taxation, whicli tlie said board
may deem specially benefitted by such construction and
improvement, and in such proportion as they may adjudge
each of such property holders equitably entitled to con-
PLviriQ. tribute to the same : Provided, however, in assessing ihe

tax and collecting the same, for the constructing and re-
pairing of any and all side-walks, by virtue of any ordi-
nance of the trustees of said town, at least one-fourth
and no more of the tax so assessed and collected shall b«
assessed to and collected of the owners of lots fronting
and aljoining said sidewalks so improved, and in propor-
tion to their respective fronts ; the expense of building,
constructing and maintaining all bridges in any side- walk
and over any water courses in said town shall be built and
maintained by money drawn from the general treasury
fund or by assessed road labor.
5^''st)'».t«*&c § 12. The power and authority to lay out, establish,
open, alter, widen, extend and discontinue roads, ave-
nues, streets, lanes and alleys in and parallel with and ad-
joining to said town, is hereby conferred upon the trus-
tees of said town, and restricted with this proviso, that
no streets, roads, avenues, lanes or alleys shall be by said
trustees laid out, established, opened, altered, widened or
extended in or around, partly within and partly without
the limits ol said town, without the written consent of the
owner or owners of land or lands to be appropriated for
the use of such road, street, avenue, lane or nlley, hav-
ing been by them first obtained; and no road, street, ave-
nue, lane or alley shall be discontinued in said town by said
trustees without the written consent for discontinuance
from the owner and owners of land fr< nting on said street,
road, avenue, lane or alley to be discontinued, having been
by them first obtained : Provided, nothing herein contain-
ed sliall be construed to prevent the county court from
locating or discontinuing roads within the limits of the cor-
porat'on as heretofore.
^^»Te ttrecto § 13. The board of trustees of said town shall have
MtfaiieyB. authority over the public roads, streets, avenues, lanes and
alleys in and over adjoining parallel roads to said towr^
and to grade and pave the streets and bridges water
courses, or otherwise improve and repair the same ; and
it shall be the duty of said trustees to cause all bridges,
public roads, avenues, lanes and alleys within and adjoining
to the outer limits of said town to be kept in good repair;
and for this purpose they are authorised to require all male
inhabitants of said town, over the age of twenty-one years
and under fifty, to labor on said roads, streets, avenueg,
lanes, alleys, side-walks, cross-walks, bridges, embank-
ments and abutments, not to exceed three days in eack
year; and if such persons shall fail or refuse to perforot

5 1855.

such labor, after notice from the street commissioner,
he shall forfeit and pay one dollar per day for such days,
not exceeding three, on which he shall fail to labor ac-
cording to notice, to be recov<rred with cost before any
justice of the peace of said town.

§ 14. The inhabitants of said town shall be exempt Exempt t^m
from laboring on any other public road, street, avenue, 'roadiai^r.
lane, alley or bridge than those within the limits of the
corporation, except by the direction of the trustees of said
town, who are hereby authorised to direct one-half of the
labor authorised by the preceding section and assessed
upon the inhabitants of said town to be performed on such
roads or bridges witiiin the township of which the town of
Geneseo composes a part, as said trustees may deem ex-
pedient and for the interest of said town.

§ 15. The trustees of said town shall have power to srect and ma^-
erect and maintain all bridges in said corporation that they **^" ""'^s**-
may deem expedient and for the interest of the town; but
nothing in this and preceding sections shall be so con-
strued as to authorise the said trustees to direct assessed
labor to be performed or money to be expended upon any
bridge, culvert, road, avenue, street, lane or alley at or
near any of the crossings of the Chicago and Rock Island
Railroad, or elsewhere in said town, when and where the
erecting, constructing and repairing of tlie same is the le-
gitimate business of the proprietors or the agents of the
• aid railroad.

§ 16. The trustees of said town shall have power to snrvey nud pi»t
require of any owner or of all the owners of land within "^s™""**-
the limits of said town to file for record, in the office of the
town clerk, a true and accurate survey and plat of all lots
and land that they severally may own therein; and also
have power to survey, plat and record, in the books of the
clerk of said town, or cause to be surveyed, platted and
properly to prepare for recording, ail lands within the cor-
porate limits of said town, and all public roads and streets,
and parts of roads and streets adjoining the same, and over
which the said trustees have supervision; and any law of
this state requiring of the owners of any lots or lands with-
in the limits of said town, other surveying, platting and
recording, for the purpose of making it town property, is
hereby .epealed, so far as it relates to said lands : Provi-
ded, h^n-ever, that nothing herein shall be so construed as
to give to the said trustees power so to vary from the es-
tablished surveys and plats as thereby to affect, injurious-
ly, private individuals.

§ 17. The board of trustees of said town shall have f^^^r of tra««.»
power,

1st. To restrain and prohibit the running at large of
cattle, horses, sheep, swine and other animals, and to an-

1855.

maintain public

pVUO'.lli.

Prevent hor^e-
MMinge he.

i'oalagiotiii dts-

iisrage of gon-
iwwder, Stc.

■xtinanlshment
o( flreg.

nr« eompftnies.

BsiliHgiilshmeDt
«< flret.

rvMio (roundi).

thorise tlie distraining, impounding and sale of the same,
when found running at large in said town contrary to any
ordinances of the same, and to establish tlie fees and com-
pensation of the distrainer and pound- master therefor; to
prohibit any indecent exhibitiorj of horses or other animals
within the limits of said town.

2d. To establish and maintain a public pound within
the corporate limits of the town, and fine or otherwise pun-
ish for any and all trespasses upon the same; and also pre-
scribe the duties of distrainer and pound-master relative
to the distraining, impounding, keeping and sale or dispo-
sal of the animals distrained or impounded by virtue of this
act.

3d. To prevent or regulate the running at large of dogs,
and authorise the destruction of the same when at large
contrary to any ordinance.

4th. To prevent horse racing, or immoderate riding or
driving, within the limits of said town, of horses or other
animals; to prohibit the abuse of animals; to compel per-
sons to fasten their horses or other animals, attached to
veliic'es or otherwise, while standing or remaining in any
street, alley or public road in said town.

6th. To abate and remove nuisances, and punish the
authors thereof, and to define and declare what shall be
deemed nuisances, and authorise and direct the summary
abatement thereof in said town.

6th. To make rt^gulations to prevent the introduction
of contagious diseases into the town, and execute the same
for any distance not exceeding two miles from the limits
thereof.

7th. To regulate the storage of gunpowder and other
combustible materials in said town.

Sth. To provide for the prevention and extinguishment
of fires in said town.

9th. To orfijanise and establish fire companies, the mem-
bers of which shall be exempt from serving as jurors, ex-
cept by their own consent; and a certificate of member-
ship from one of the board of trustees or the town clerk,
and under the town seal, and dated not more than ten days
anterior to the time of offering it in evidence, shal! be ad-
equate proof to exempt such person from serving as such
and all penalties for refusing to serve as such.

10. To provide the town with water for the extin-
guishment of fires and for other public purposes.

11th. To provide for inclosing, improving and regula-
ting all public grounds and other lands belonging to said
town, and all public squares and commons in said town, and
protect all trees in any public road, street, avenue, lane
or alley, or in or about any public ground, square or
common within the limits of said town.

7 1856.

12tli. To provide tor aiid erect or rent all needful PubUc buiidin»».
buildings and grounds, for the use of said town.

13lli. To make all necessary regulations to secure the Gta«r» be«uk.
general health of the inliabitants of said town.

lith. To appropriate and provide for the pa^ ment of Corapensation w
any debt or expenses incurred of the town, and to fix the
compensation of town officers and agents, lawfully ap-
pointed by the trustees, or elected by the in labitants of
said town: Provided, that justices of the peace and con-
stables, sheriffs and coroners, who maybe required to render
services under this act, shall be entitled to the same fees,
and to collect the same in like manner as now is or here-
after may be provided by law in similar cases.

15th. To prohibit ail description of gambling and fraud- Prohibit gaming,
ulent devices, and to suppress and prohibit billiard tables,
ball alleys and other gaming establishments in said town.

16th. To license, regulate, or suppress and prohibit all i-icens*, showi',
exhibitions of common .showmen, shows of every kind,
caravans, circuses and exhibitions, and amu,sements in
said town.

I7th. To suppress and prohibit disorderly housts or Disorder;? boK»«»
groceries, and houses of ill- fame in said town.

18th. To prevent, suppress and prohibit any riot, af- Riots, affra.r^&«,
fray, disturbance or disorderly assemblies, assaults, as-
saults and batteries, or shooting withii, the limits of said
town.

19th. To suppress and prohibt the selling, bartering, intoxicaung u-
txc'ianging and traffic of any wine, rum, gin, brandy, '^^°^^'
vhisky, malt liquor, strong beer, ale, porter, mixed liquors,
end any intoxicating liquors, within the limits of said town,
end shall also have power to authorise the town consta-
ble, ( aided when necessary by the posse comitatus ,) to
seize, remove, detain or destroy such liquors, t?)gether
with the cask or vessel containing the same, when found
in any store, tavern, grocery, shop or other place where
they believe said liquors are kept, for the purposes of sel-
ling, bartering, exchanging or trancing in any way :
Provided, they may allow one or more discreet person or Proyi»o.
jersons, of good reputation, of good moral character, by
tiieir consent, written or printed, of the president, attested
b^^ the signature ol the town clerk, and the town seal, to
Sill the same in good faith, for purely medicinal or mechani-
cd purposes.

20th. To make all ordinances and by-laws which shall Ordinanacw mA
btnecessary and proper for carrying into execution the ■^^"'**'''
pavers specified in this act, or which they may deem ne-
cesary or expedient for the better regulation of the inter-
naipolice of said town, and to execute the same; to im-
posj fines, ferfeitures and penalties, /or the breach of any
ordaance or any of the provisions of this act, and to pro-

1856. • 8

vide for the recovery, keeping, and appropriation of such
fines and forfeitures, and tiie enforcement of such penalties,
so that such ordinance or ordinances shall not be repug-
nant to the constitution of this state : Provided, that in no
case, except in assaults and assaults and batteries, riots
or affrays, shall any such fine or penalty exceed the sum
of twenty-five dollars, and thirty days imprisonment in
the common county jail of the county, for any one of-
fence.
Ajeeesment and k jg. The trustccs mav adopt such modcs and means

•lUectioti of. J, iii-r- 11/-11

t«K«g. tor the assessment and collection or taxes, and sale of lands

for delinquent or unpaid taxes thereon, as they may, from
time to time, fix upon and determine by ordinance, and
prescribe the manner of selling property, when the taxes

PrtTiso. levied and assessed are not paid: Provided, the sales of

said property, land or lots, shall be held within the corpo-
rate limits of said town; and the town constable shall have
full authority and power to make and execute all deeds and
conveyances under this act, when thereto directed by said
board of trustees.

*gM property ffor § 19. That whcu any town lot Or real cstatc shall b«
***^" sold for taxes by virtue of this act, the same may be re-

deemed at any time within two years from the date of suci
sale, by the owner of such propertyfor his or her legal rep-
resentatives paying to the treasiirer of said town double
the amount of taxes levied and costs attending such sale.

itae and tor- § 20. Any fine, penalty or forfeiture incurred under
^' this act or any law or ordinance made in pursuance of this

act, or of any act that may be passed amendatory to thil
act, may be recovered, together with costs, before anf
justice of the peace in the said town, in the corporate name
of the town; and several fines, forfeitures or penalties for
breaches of the same ordinance or by-laws, not exceeding
one hundred dollars, may be recovered in one suit, and
the first process shall be a summons, unless oath or afl'irm-
ation be made for a warrant, by some credible person;
but ill all cases of a vaults, assault and battery, affray or
riot a warrant shall be issued for the arrest of the offendei
or offenders, in the same manner as for like offences agains
the laws of the state. It shall be lawful to declare, gen-
erally, for debt for such fines, penalties or forfeitures, sta-
ting the clause of this act, or the ordinance, or by-law wv-
der which the same are claimed, and to give the speciil
matter in evidence, under the declaration; and the justi<e
shall proceed to hear and determine the case, as in other
eases. Upon the rendition of judgment for any such fin»s,
penalties or forfeitures the justice shall issue his executbn
for the same and costs of suit, which may be levied ujpn
any personal property of the defendant or defendants lot
exempt from execution. Jf the constable shall return4p-

9 185ft.

on such execution "no property found," then the justice
•hall issue a capias ad satisfaciendum against the body of
the defendant or defendants, ar d the constable sliall arrest
fuch person or persons a«^d commit him or them to the
jail of the county, to remain forty-eight hours; and if the
judgment and costs exceed five dollars, then to remain in
close custody in said jail twenty-four hours for every two
dollars over and above the said five dollars, and so in pro-
portion to the amount of the judgment and costs : Provi-
ded, however, if tlie trustees or their attorney >hall require
a transcript of the judgment and costs to be certified by
the clerk of the circuit court of the proper county, to have
the same levied upon any real property, and signify the same
in writing to him, he shall not issue a capias, as aforesaid,
out shall, without delay, certify a transcript thereof, and
all the proceedings, according to law, to such clerk, which
shall be filed and recorded as in other cases; and such
judgment shall have the same force and effect as judg-
ments rendered in the circuit court : Provided, an appeal
may be granted within five days after the rendition of
judgment, and with the same force and effect, rights and
privileges to all parties as in other cases.

§ 21. All summonses, warrants, executions or other ^'■<'""^
precepts, or writs issued by any justice of the peace of said
town, under this act, or any ordinance or by-law, passed
by the board of trustees of said town, by virtue of it, shall
be in the name of the peojde of the state of Illinois, and
directed to any constable, which may be executed by any
constable of the town or county, or any sheriff or coroner
of the county, and any where in the county of Henry.

§ 22. Appeals may be taken, or writs of certiorari al- ■*!>?«»'»•
lowed from all decisions arising under the provisions of
this act, or any ordinance or by-law passed in pursuance
thereof, to the circuit court of Henry county; and every
such appeal shall be taken and granted in the same man-
ner and with like effect as appeals are taken from and
granted by justices of the peace in the circuit court, un-
der the laws of this state in similar cases.

5 23. All fines, forfeitures and penalties received, or ^;n«*»"!' p™^

■' II 1 /> 1- 1 • 11 ties for llceni**-

moneys collected for licenses or otherwise, under the pro-
visions of this act, shall be paid into the town treasury, for
the use of the inhabitants of said town, and drawn there-
from only by the written order of the president of the
board of trustees, and countersigned by the town clerk.

§ 24. It shall be the duty of the town clerk to make ^^^J^/" *'^<* '^
and keep a full and faitiiful record of the proceedings of
the board of trustees, by-laws and ordinances, and of time,
place and manner of the publication of such ordinances
and by-laws, in a book to be provided for that purpose;
and such book, purporting to be the record of the town of

1855.

IhiUIc act.

Geneseo, shall be received in all courts, without farther
proof, as evidence of all such matters therein contained;
and all ordinance?, before taking effect, shall be published
at least ten days in a newspaper published in said town,
or by posting up copies of the same in three of tiic most
public places of said town.

§ 25. This act is hereby declared to be a public act,
and may be read in evidence in all courts of law or equity
within this state, without proof, and shall take effect and
be in force from and after its passage.

Approved Feb. 14, 1855.

IB force Feb. 15)
1355.

AN ACT to incorporate the city of Macomb.

Article I. — Of Boundaries and General Powers.

Mid politic.

JBouniUrieB.

Section 1. Be it enacted hy the people of the state of
Illinois, represented in the General Jisseinhly, That the
Body corporate inhabitants of the town of Macomb, in the county of Mc-
Donough, and statp of Illinois, be and they are hereby
constituted a body politic and corporate, by the name and
style of "The City of Macomb," and by that name shall
have perpetual succession, and may have and use a com-
mon seal, which they may change and alter at pleasure.

§ 2. AlUhatdistrictof country embraced within the fol-
lowing limits, to w"t : The south lialf of section No. thirty-
one (31,) the south half of the northeast quarter of sec-
tion No. thirty-one (31,) and the northwest quarter of said
section thirty-one (31,) ail in township No. six (6) north
of the base line, of range two (2) west of the fourth prin-
cipal meridian; and also, the southeast quarter of the north-
east quarter of section No. thirty-six (36,) and so much
of the southeast quarter of said section thirty-six (36.) in
townsliip six (6) north, and range three (3) west, which is
known as the "Western Addition," and the northeast quar-
ter of the northeast quarter of section one (1,) in town-
ship five north, of range three west; and also, the north
half of section No. six (6,) in township No. five (5) north,
and of range No. two (2) west, all in McDonough coun-
ty, Illinois,
©wmniasioners. § 3. In case a majority of the said inhabitants shall be
in favor of incorporation, as hereinafter mentioned, the
following named persons, to wit: James B. Kyle, John W.
Westfall, William Broaddns, Charles H. Dallam, John Q.
Lane, John E. Jackson, William II. Phelps, William S.

11 1865.

Hail and Jonathan H. Baker, or a majority of them, shall
meet at the court house, in Macomb, on the first Saturday
of April next, and divide the said city of Macumb into four
wards, particularly describing the boundaries of each, ap-
point three judges of elections in each ward, to act, in all
cases, until tiieir successors shall be appointed, as herein-
after mentioned; fix the times and places of said elections
in each ward until the city council shall be elected; give
at least ten days' notice, in the newspaper or papers pub-
lished in the city of Macomb, of the time and place of
holding said election, and make a full repcfrt of the same
to the city council, when elected, at their first meeting.

§ 4. Whenever any tract of land adjoining the city of Additioni.
Macomb shall have been laid off into town lots and duly
recorded, as required by law, the same shall be annexed
to and form a part of the city of Macomb.

§ 5. The inhabitants of said city, by tlie name and <^«°e"^ p*'''"*-
style aforesaid, shall have power to sue and be sued, to
implead and be impleaded, defend and be defended in all
courts of law and equity, and in all actions whatsoever;
to purchase, receive and hold property, real and person-
al, in said city; to purchase, receive and hold property,
both real and personal, bey. md the city, for burial grounds,
or for other public purposes, for the use of the inhabitants
of said city; to sell, lease, convey or dispose of property,
real and personal, for the benefit of the city, and to im-
prove and protect such property, and to do all other things
m relation thereto as natural persous.

Article II.

§ 1. There shall be a city council, to consist of mayor citycounoo.
and board of aldermen.

§ 2. Tlie board of aldermen shall consist of two Board of •!«>»-
members from each ward, to be chosen by the qualified ™^°*
voters for two years.

§ 3. No pel son shall be an alderman unless at the time Eugiwuty.
of his election he shall have attained the age of twenty-
one years, and shall have resided within the limits of said
city twelve months next preceding his election, and shall
be a citizen of tiie United States.

§ 4. If any alderman shall remove from the ward for vacated.
which he is elected, his office shall be vacated.

§ 5. At the first meeting of the city council the al- DivwebyiB*.
dermen shall be divided by lot into two classes; the seats
of the first class shall be vacated at the expiration of the
first year, and of the second class at the expiration of the
gecond year, so that one half of the board shall be elect-
ed annually.

1855.

^■onBB.

'CT

proceed-

Qumitflcation. ^ g 'Pj^g ^ity council shall judge of the qualifications,

elections and returns of their own members, and shall de-
termine all contested elections.

§ 7. A majority of the city council shall constitute a
quorum to do business, but a smaller number may adjourn,
from day to day, and compel the attendance of absent
members, under such penalties as may be prescribed by
ordinance.

§ 8. The city council shall have power to determine
the rules of its proceedings, punish its members for disor-
derly conduct, and, with the concurrence of two-thirds of
the members elect, expel a member.

§ 9. The city council shall keep a journal of its pro-
ceedings, and, from time to time, publish the same; and the
yeas and nays, when demanded by any member pres-
ent, shall be entered on the journal. It shall be the duty
of the city council to read the report mentioned in sec-
tion three, article one, in said journal, and said record
thereof shall be prima facie evidence of the truth of the
matters therein stated.

§ 10. No alderman shall be appointed to any office
under the authority of the city, which shall have been
created or the emoluments of which shall have been in-
creased during the time for which he shall have been
elected.

§ 11. All vacancies which may occur in the board ot
aldermen shall be filled by election,
••t*. § 12. The mayor and aldermen, before entering upon the

duties of their offices, shall take an oath to support the con-
stitution of the United States, and that of this state, and
that they will perform the duties of their offices to the
best of their skill and ability.
n«. § 13. Whenever there shall be a tie in the election of

aldermen, the judges of election shall certify the same to
the mayor, who shall determine the same by lot, in such
manner as shall be provided by ordinance.
st»t«d meetings. ^ 14. There shall be twelve stated meetings of the
city council, in each year, at such times and places as may
be prescribed by ordinance.

Aldrrmen pro-
hibited from

•ftolding certain
•fficee.

TACAnoiea
lltod.

Article III.

MWiilC'

■tlgtbUlty.

§ 1. The chief executive officer of the city shall be
a mayor, who shall be elected by the qualified voters of
the city, and shall hold his office lor two years, and until
his successor shall ')e elected and qualified.

§ 2. No person shall be eligible to the office of mayor
who shall not have attained the age of twenty-five years,
and shall have been a citizen of said city two years next /

13 I860.

preceding his election, and shall be a citizen of the United
States.

§ 3. if any mayor shall, during the time for which he vaoited.
shall have been elected, remove from the city his office
shall be vacated.

§ 4. When two or more persons shall have an equal Tie.
number of votes for mayor, the judges of election shall
certify the same to the city council, wiio shall proceed to
determine the same by lot who shall be mayor.

§ 5. Whenever an election of mayor shall be contest- Election comtei*;
cd the city council shall determine the same in such man-
ner as may be prescribed by ordinance.

§ 6. Whenever any vacancy shall happen in the office vacancies sbhi.
of mayor, it shall be filled by election.

Article IV. — Of Election.

§ 1. On the first Monday of May next an election Election.
shall be held in each ward of said city, for one mayor for
the city, and two aldermen for each ward; and forever
thereafter, on the first Monday of May, of each year, there
shall be an election held for one mayor for the city, and
one alderman for each ward, the aldermen to be residents
of the ward for which they are elected. The first elec-
tion for mayor and aldermen shall he held pursuant to no-
tice, as provided for in section three of article one.

§ 2. All free white male inhabitants, over the age of voter*,
twenty-one years, who are entitled to vote for state offi-
cers, and who shall have been actual residents of said city
ninety days next preceding said election, shall be entitled
to vote for city officers : Provided.^ that said voters shall
give their votes for mayor and aldermen in the wards in
which they shall respectively reside, and in no other, and
that no vote shall be received at any of said elections un-
less the person offering such vote shall have been an actu-
al resident of the ward when the same is offered at least
ten days next preceding such election.

§ 3. If the rigiit of any person to vote at any election voters i
shall be challenged, either one of the judges of election may «=''»"*°««*
administer an oath to such person to make true answers
touching his qualifications as an elector, and examine him
OD the subject.

§ 4. The judges of election shall make returns of the Retnnm.
elections to the city council, and the clerk of the city
council shall forthwith forward an abstract, showing the *
number of votes received by each candidate for mayor, to
the governor of the state, and certify the same under the
leal of the city^

1855.

Levy and collect
Uxeb.

i.ppolntments.

6«aunon schools.

A9propriatioii8.

Contagions disea-
ses.

■ospitsls.

ftonerM health.

Article V. — Of Legislative Powers of the City Council,

§ 1. The city council shall have power and authority
to levy and collect taxes upon all property, real and per-
sonal, witliin the limits of the city, not exceeding one-half
of one per c^nt., annually, upon the assessed value there-
of, and may enforce the payment of the same in any man-
ner, to be prescribed by ordinance, not repugnant to the
constitution of the United States and that of this state.

§ 2. The city council shall have power to appoint a
clerk, treasurer, assessor, collector, marshal, surveyor, a
first and second engineer of the fire department, for the
city, and a street supervisor, and three trustees of schools
for each ward, and all such other officers as said city coun-
cil may deem necessary to perform the duties required to
be performed under this charter, and to prescribe, by or-
dinance, their powers and duties.

§ 3. The city council shall have power to require of
all officers appointed or elected under this charter, to give
bonds, withpenalty and security, for the faithful perform-
ance of their respective duties, as may be deemed expe-
dient, and also, to require all officers of said city to take
an oath for the faithful performance of the duties of their
respective offices before entering upon the discharge of
the same.

§ 4. The city council shall have power to build and
keep in repair "common school" houses; to establish, main-
tain and support common schools; to borrow money on the
credit of the city, by and with the consent of a majority of
the voters thereof, provided no sum or sums of money shall
be borrowed at a greater interest than eight per cent, per
annum, nor shall the interest on the aggregate of all the
sums borrowed and outstanding ever exceed one- half of
the city revenue arising from taxes assessed on real pro-
perty within the limits of the city.

§ 5. To appropriate money and provide for the pay-
ment of the debts and expenses of the city.

§ 6. To make regulations to prevent the introduction
of contagious diseases into or within three miles of the
city.

§ 7. To establish hospitals, and make regulations for
the government of the same. «

§ 8. To make regulations to secure the general healtk
of the inhabitants; to declare what shall be a nuisance,
prevent, abate and remove the same.

§ 9. To provide the city with water; to erect hydrants
and pumps in the streets, for the convenience of the inhab-
itants.

15 1855.

§ 10. To open, alter, abolish, widen, extend, establish, improve guects.
grad e, pave or otherwise improve and keep in repair streets,
avenues, lane;? and allcj'S-

§ 11. To establish, erect and keep in repair bridges. Bridges,

§ 12. To divide the city into wards, alter the bounda- ward*.
ries thereof, and erect additional wards when required.

§ 13. To provide for lighting the streets and erecting Lighting 8tr,ei,.
lamp posts.

§ 14. To establish, support and regulate night watch- N^'sht watches.
es.

§ 15. To erect market houses, establish markets, and Martethomw.
provide for the government and regulation thereof.

§ 16. To provide for the erection of all needful build- ^"biic buiwim*,
ings for the use of tiie city.

§ 17 To provide for enclosing, improving and regu- Puwic gronndg.
lating all public grounds belonging to the city.

§ l8. To license, tax and regulate auctioneers, mer- Auctioneers, a»«.
chants, retailers, hawkers, pedlers, brokers, pawn brokers,
and money changers.

§ 19. To license, tax and regulate hackney car- carnages, &«.
riages, wagons, carts and drays, and fix the rales to be
charged for the carriage of persons, and for the wagon-
age, cartage or drayage of property.

§ 20. To license and regulate porters, and fix the rate Porters.
of porterage.

§ 21. To license, tax and regulate theatrical and oth- stows.
er exhibitions, shows and arausemen*s>

§ 22 To restrain, prohibit and suppress tippling houses, Tippimg iiobm*.
and dram shops.

§ 23. To prohibit and suppress gaming, bawdy, and Gaminghouse.
disorderly houses.

§ 24. To regulate the fixing of chimneys and flues, chimneye.
and stove pipes, parapet walls, and partition fences.

§ 25. To regulate the storage of gunpowder, tar, Gunpowder, i«.
pitch, rosin, and all other combustible materials.

§ 26. To establish standard weights and measures, weights aa*
to regulate the weights and measures to be used in the city, '^^*^"''***
in all cases not otherwise provided by law.

§ 27. To provide for the inspection and measuring of Lumber.
lumber and building aiaterials, and for the measuring of
all kinds of mechanical work.

^ 28. To provide for the inspection and weighing of Hay and tum*
hay and stone coal, the measuring or weighing of char-
coal, measuring fire wood, and other fuel to be sold for
use within the city.

§ 29. To provide for and regulate the inspection of inspection t
flour, meal, pork, beef, lard, butter, and other provisions;
and also whisky, and all other cistilled or fermented,
vinous, spiritous or mixed liquors, in barrels, kegs, or other
vessels.

186§.

Weight of bread.

Stst ol bricks.

Klectlon and re-
moval of city
•lacers.

Fe«« and salaries

tiMat.

MUUrd tablet.

•rdiosncoa.

ajjrle of ordl-
Mtaces.

F abllcation of or-
4iaances.

roof of ordl-
■•nces.

§ 30. To regulate the weight, quality and price of
bread to be sold, and used in the city.

§ 31. To regulate the size of bricks to be sold or used
in the city.

§ 32. To provide for the taking enumerations of th«
inhabitants of the city.

§ 33. To regulate the election of city officers, and to
provide for removing from office any person holding an
office created by ordinance.

§ 34. To fix the compensation, by fees, commissions,
or otherwise, of all city officrs, and regulate the fees of ju-
rors, witnesses and others, for services rendered under thii
charter, or of any ordinance.

§ 35. T) regulate the police of the city, to impose
fines, forfeitures and penalties for the breach of any ordi-
nance, and to provide for the recovery and appropriation
of such fines and forfeitures, and the enforcement of pen-
alties.

§ 36. The city council shall have exclusive power
within the city, by ordinance, to restrain, prohibit and
suppress billiard tables, and all kinds and devices for gam-
bling.

§ 37. The city council shall have power to make all
ordinances which shall be necessary and proper for car-
rying into execution the powers specified in this act, so
that such ordinances be not repugnant to nor inconsistent
with the constitution of the United States, or that of thii
state.

§ 38. The style of the ordinances of the city shall be,
" Be it ordained by the city council of the city of Ma-
comb."

§ 39. All ordinances passed by the city council shall,
within one month after they shall have been passed, b«
published in some newspaper in the city, and shall not be
in force, except as aforesaid, or published by written co-
pies, in case there should not be a newspaper published in
said city as aforesaid.

§ 40. All ordinances of the city may be proven by
the seal of the corporation, and when printed and publish-
ed in a book or pamphlet form, and purporting to be pub-
lished by authority of the corporation, as in force, th«
same shall be received in evidence in ail courts and place*
without further proof.

Article VI. — 0/ the Mai/or.

M«roT tfl preside § 1' T'he mayor shall preside at all meetings of th«

lit meetings of city council, and shall have a casting vote, and no other.

In case of non attendance of the mayor at any meeting, tlw

board of aldermen shall appoint one of their own men*

bers chairman, who shall preside at that meeting.

17 1855.

§ 2. The mayor, or any two aldermen, may call spe- special meetipga.
ciai meetings ot tije city council.

^ 3. The mayor sita'I at all times, be active and vigi- Duues ot Tnaywr.
lant in enforcing the laws and ordinances for the govern-
ment of said city; he shall inspect the conduct ofS^ll snb-
ordiiiate officers of said city, and cause negligence and '

positive violation of duty to be presented and punisutto;
he shall, from time to time, communicate to the aldtr-
men sucii information, and recommend all such measures
as in his opinion may tend to the improvement of the
finances, the police, the healtli, security, comfort and orna-
ment of the city.

§ 4. He is hereby authorised to call on every male I'osss.
inhabitant of said city, over the age of eighteen years, to
aid in enforcing the laws and ordinances, and in case of
riot, to call out the militia, to aid him in suppressing the
same, or in carrying into effect any law or ordinance; aiid
any person who shall not obey such call shall foifeit to
said city a fine not exceeding twenty dollars.

5 5. He shall have power, whenever [le may deem it Powerto oom^j!
necessary, to require oi any ot the omcers ot said city, beoks.
an exhibit of his books and papers.

§ 6. He shall have power to execute all acts that may Executive Baw»r.
be required of him by any ordinance made in pursuance
of this act.

§ 7. He shall be commissioned by the governor, as a Mayortebe*©*-
justice of the peace for the city, and as such shall be a ^^""^
conservator of the peace for the said city, and shall have
power and axithority to administer oaths, issue wri<^?, and
other piocess, under tiie seal of the city, which shall be
good and valid in law.

§ 8. He and all other justices of the peace in said jtmsmcttM.
city, shall have jurisdiction in all cases arising under tiie
ordinance of the city corporation, and in all civil and
criminal cases within the limits o! the city, arising from
the laws of thi5 state, in which justices of the peace now
have jurisdiction, and shall receive the same fees and com-
pensation for his services as in similar cases.

§ 9. He shall also have such jurisdiction as may be Jnriidiction •iv-

„i.j'i_'i !• /"ii -L • 1 1 side of banwl'i-

vested m nim by ordinance ot the city, m and over places rie«.
within five miles of the boundaries of the city, for the
purpose of enforcing the health and quarantine ordinan-
ces and regulations thereof.

§ 10. In caso the mayor shall at any time be guilty of Liability to ^-r.-
a palpable onaission of duty, or shall wilfully and corruptly (iictoeiit.
be guilty of oppression, malconduct, or partiality, in tlj«
discharge of the duties of his office, he shall be liable to
be indicted in the circuit court of McDonough county,
and, on conviction, shall be fined not more than two hun-
dred dollars; and the said court shall have power on the
16

1855. 18

recommendation of the jury, to order the judgment of the
court that he lie removed from oriice.

Article 7. — ,/2ssessments Jot opening streets and alleys.

puwer U) layout § 1- The city council shall have the same powers that
pabiic stnots. ^^^ conferred upon the city council of the city of Qviincy,
by virtue of an act to incorporate the city of Quincy, ap-
Ttyiroved February 5th,. 1840^ and the several acts amendato-
ry of and supplemental tliereto.

Article 9. — Revenue.

prtT)erty aui^ect § ^' All real and personal property within the limits
t^tasationr q^ ^}^g pjy of Macomb, McDonougii county, Illinois, shaii
be subject to taxation, and taxes may be levied an i col-
lected upon the same, for the use and beni;litof said city.
Duty of assessor. § 2. The assessor shall assess all the real estate and
personal property in said city, so far as practicable ; he
shall ascertain tl>e names of ali owners of taxable proper-
ty^ and the amount of ali taxable real estate and persona!
property, and for this purpose, he shall call upon each
taxable inhabitant of said city.
Prepare assess- § ^' The asscssor shali prepare an assessment roii
meat roll. with a Caption, in substance as follows: "An assessment roil
of all the real esfate and personal property within the
limits of the city of Macomb, McDoaough county, Illi-
nois, made by the assessor of said city, for the year A.
D. 185'5," and shall set down in separate columns, accord-
ing to the best information in his possession.

1st. The names of all the owners, if known, of all tax-
able real estate within the limits of said city. If the own-
er's name is unknown it shall be so stated.

2d. The description of real estate opposite the names
of the owners, or tlie word "unknown," when the name
of the owner cannot be ascertained.

3d. The value of the real estate opposite the fle*!^i"'] -
tion.

4th. The amount of tax assessed oppo;.i' ' *' -> -a-
lue.

The said assessment roll shall also contain in paraih'l
columns,

1st. The names of the owners of personal property
subject to -taxation, in alphabetical order.

2d, The number of horses, and the value thereof.

3d. The number of net cattle, and the value thereof.

4th. The number of mules and asses, and the value
thereof.

5th. The number of sheep, and the value thereof.

19 1855.

6th. The number of hogs, and the value thereof.

7th. Every carriage aitd wagon, of whatever kind,
and the value thereof.

8th. Every watch ind clock, and the value thereof.

9th. Every piano forte, (and other instruments of mu-
sic,) and the vaiue thereof.

10th. The value of the goods and merchandise, which
such person is required to list as a merchant.

11th. The value of tlie property which such person is
required to list as a banker, broker, or stock-jobber.

12th. The vaiue of materials and manufactured arti-
cles, which such person is required to list as a manufac-
turer.

13th. The value of moneys and credits required to be
listed by the laws of this state.

14th. Tiie value of moneys invested in bonds, stocks,
joint stock cora])anies, or otherwise, which such person is
required to list, by the laws of this state.
I' 1 5th. Tlie total value of all other personal property,
including household furniture, which value shall be ascer-
tained by the assessor.

§ 4. After the said assessment ro]l shall have tuns certificate.
been completed, tlie assessor shall attach a certificate
thereto, signed by him, in substance, as follows : I do ^'*'™»-
hereby certify, that the above assessment roll contains,
according to my best information, a true and correct ]\^t
of the names of all the owners of property subject to tax-
ation, both real and personal, witfiin the city limits. A
description of each parcel of real estate set opposite the
name or names of the owners, or set opposite the word
" unknown," in cases where, after diligent search and in-
quiry, I have been able to ascertain the name of the own-
er; the v^lue of said parcels of real estate set opposite
each one; the «mount of tax on each of said parcels of
real estate, set opposite the same; the aggregate value of
personal properly of each owner set opposite his name,
and the amount of tax on said personal estate set oppo-
site his name. Said roll, so certified, shall, on or before the
first Monday of September, annually, be returned io the
clerk of the city coiwcil.

§ 5. Previous to the first Monday of November, the Asse-jsment m-
assessment may be inspected by any person interested in ""^'*^"
the same. On the third Mon lay in October of each year,
there shall be a meeting of the said city council, for the
purpose of reviewing the assessment, on the application
of any person conceiving himself aggrieved by the .as-
sessment; the city council, upon being satisfied that the
same is erroneous, may review, alter, and correct such
assessment.

1855. 20

»*i'<<->. § 6. Immediatel}' after the returns of the assess -nent

roll, it shall be the duty of the city clerk to cause to be
inserted in a newspaper published in said city, or posted
up in four of the most public places in each ward of said
city, a notice that the assessment roll has been returned,
and m;^y he inspected by any person interested therein,
and of the time when the city council will meet to heat
applications for reviewing said assessment.

M.«£«oopy Of ii«- ^ 7. Immediately after the said assessment roll shall
have been corrected by the city council the clerk of said
city shall make out a true copy thereof, as corrected, to
which, after being satisfied that the same is a correct copy
as above, the city council shall issue a warrant, signed by
the mayor of said city, lequiring the collector to collect
from the several persons the several amounts of taxes set
opposite their respective names, and j)ay the same to th»
treasurer of said city; and if any resident of said city
shall neglect or refuse to pay his tix within ten days af-
ter demand made of said resident, or at his last and usual
place of residence, the collector shall proceed to levy the
same of the goods and chattels of said resident, and after
giving six days' notice of the time and ])lace of sale, by
posting up a notice tiiereof in the most public places in
said city, shall sell as many of said goods and chattels ai
may be necessary to make the amount of tax and costs.
The said warrant shall be returnable on th.e first Monday
of March, after the date thereof; at which time the collec-
tor shall return said wan Ant and tax list to the clerk of
the city council, and pay over all moneys by him collected
to the treasurer, and take his receipt tor the same.

ifcoturn oi war- ^ S. In the return of said warrant, the collector shall
gi.e a list of the names of the persons whose tax and
personal property and real estate he has been unable to
collect, on account of not fintiing goods and chattels
whereon to levy the value of the ])roperty assessed, and
the amount of the tax thereon, and state in said return*
that he has been so unable to collect the tax, and the city
council may give him credit for the amount oi taxes he
has thus been unable to collect.

•fleeter to maice § 9. The collector shall also make a list of the real
estate upon which the taxes have not been paia or collect-
ed, and state to whom each parcel of said real estate was
assessed, or that the same was assessed to a person " un«
known," and describe said real estate, and give thi
amount of tax on each parcel; the collector shall returni
said list at the time last aforesaid, with a certificate sign-
ed by him, that said taxes remain unpaid, and that he
could find no goods or chattels whereon to levy and col-r
iect the same, and the city council may credit him witli
the amount.

21 1866.

§ 10. The clerk of said city shall, within twenty days Deiuttinent ns*.
after the return of said delinquent tax list, shall raal o out
and deliver to the*

§ 11. It shall be (he duty of the collector, as sooii as Dnty «f <!Ci]«»oter.
he shai! receive the iist of taxable property, to proc<jed
ijnmediately to collect the taxes charged against all per-
sons and property described in said list, by calling at the
usual j)lace of abode of each tax payer, who has a known
place of residence in said city, a»id shall also give notice
in some newspaper published in said cily, fixing a time
and place in said city, at which all })ersons owing taxes
may pa} the same in gold or silver or the orders or war-
rants of said city.

§ 12. All persons who shall fail to pay taxes assessed Fanww u t*^
against him or tiiern, within ten days after tlie publication
of the notice, in the manner prescribed by t!!e last forego-
ing section, shall be liable to such penalties for such fail-
ure to pay the same, as may be prescribed by the ordi-
nance of said city, to be sued for and recovered as otiier
penalties imposed by the ordinances tliereof.

§ 13. It sliall be the duty of the city collector, on or collector co mmk
before the first day of December in each year, to make
out a list of the lands and town lots in said city, upon
which taxes remain due and unpaid; which list shall con-
tain the names of persons owning property, with a de-
scription of the same, the amount of taxes due upon each
tract of land or town lot, tlie year for which due, and
shall delivfi- the said list to trie clerk of tiie county court
of McDonough county, who shall add the said property
to the list furnished him by the collector, under the provi-
sions of the 28th section of "An act regulating the col-
lection of the revenue," in force Feb. 12, 1853; said ad-
dition to be made by copying said report of said city col-
lector, and appending the same to the list furnished the
Sc;id collector.

5 ri4.1 Tiie county collector, when the lists are de- J'"*? **' *»«**

I'l^i- -111 ,- ^« . « . , collector.

iivered to him, as provided by ttie 29 section of said act,
shall proceed to collect the taxes due said city, as con-
tained in said list, in the same manner, in all respects, as
is provided for the collection of state and county taxes,
and pay over the same to the said city.

§ [i5.] Whenever the collector shall make report of J"'r?m*ntoD^
the delinquent list to the county court of iMcDonough '*'^'^"*
county, it shall be the duty of said court to rendt-r judg-
ment for taxes due said city, as in other cases; and the
^lerk of ttie county court, sheritF and collector shall per-
form the same duties a? are required by law in relation to
other taxes.

Approved February 15, 1855.

f&emstnddr of this secitouoat e{ enioUed law.

1865.

ia force Feb. 15,
1S56.

Bully corporate

iiitlltioo to town.

•>tier«\J ',>i«ver8.

AN ACT to in'-o-porate the town of Daville.

Section 1. Be it enacted by the people of the state of
Illinois, represented in the General t/lssembh/^ Tluit the
inhabitants in the town o'f Danville, in the county of Ver-
milion, and the state of lilinoi?, be and they are hereby
constituted a body politic and corporate, by the name and
style of "The Town of Danville," and by that name shall
have perpetual succession, and may have and use a com-
mon seal, which they may change and alter at pleasure.

§ 2. The boundaries of said town sh.all include withiti
their limits, ail within the following boundaries: Commen-
cing at the northeast corner of sec. 8, T. 19, R. 11 w^st;
thence on said line to the North Fork of Vtrmilion river;
thence down said stream to its junction with Big Vermil-
ion river ; thence down said stream to the south line of
sec. 8; tl ence east, to the corner of said sec. ; thence
north, to the place of the beginning.

§ 3. Whenever any tract of land adjoining the town
of Danville, shall be laid off into town lots, and recorded
according to law, the same shall be annexed to and lorm
a part of the town of Danville.

^ 4. The inhabitants of said town, by the najne and
style aforesaid, shall have power to sue and be sued, to
plead and be impleaded, to defend and be defended in all
courts of law and equity, and in all actions whatsoever;
to purchase, receive and hold property, real, and person-
al, in said town, and to purchase, receive and'iold proper-
ty, real, beyond the limits of said town, for burial
ground, for the use of the inhabitants of said town, and
to sell, lease, convey and improve property, real, and per-
sonal, for the benefit of said town, and to do ail other
things in relation thereto as natural persons.

Article II. — OP the Toivn Council.

*>«rn eoundl.

•fl]« v«eate<l.

§ 1. There shall be a town council, to consist of a
president and four trustees, to be ciiosen annually by the
qualified voters of said town.

§ 2. No person shall be a member of the town coun-
cil unless he shall be at the time of and shall have been
six montlis immediately preceding his election, a resident
of the town, and shall be at the tiineof his election, tweu-
ty-one years of age, and a c tizen of the United States.

§ 3. If any m Muber of tiie town council shall, during
the term of his office, remove from the town, his office
shall thereby be vacated.

§ 4. The town council shall judge of the qualificar-
tions, elections and returns of its own member, and shall
determine all contested elections.

23 1856.

§ 5. A majority of the town council shall ccn'?titute a Quomm.
quorum, to uo business, bu a stnaJlt.r nurnh. r ruay^;]-
journ, fvom clay to day, and oompei tbe aitenua.ice of ab-
sent members, under such fines and penalties as may be
prescribed by ordinance.

§ 6. Tiie town council shall have power to determine Rm-o/ proeeed-
the rule of its proceedings, and punish its meinbers for '"'^^'
di-Jorderly conduct, in such manner as may be prescribed
by ordinance.

§ 7. T ;e town council shall keep a journal of its pro- Keepjoumai.
ceedings, and from time to time, ptibiish the same.

5 S. No member of the town councii. durlno- the term Nat eiisioic t«

/.•',. oi 1111 • i 1 , ' n-. ° 1 - i ^^y other ofBcp,

01 hi^ omce, shall be appointed to any office under tlie
authority of the council.

§ 9. All vacancies that shall occur' in the town coun- vaoancies.
cil shall be filled by election.

§ 10. E.ich and every member of tlie town council, oatnot o.-noa.
before entering upon the duties of his office, sriall take and
subscribe an oath, that he will sUjiport the constitution of
the United States ajid this state, and that he will well arid
truly perform the duties of his Oiiiee, to tlie best of his
ability.

§ 11. Whenever there shall be a tie in the election of i" <=«»««'' *^"'-
members of the town council, the judges of election shall
certify t!ie sajne to the police justice, who shall determine
the same by lot, in such manner as may be prescribed by
ordinance.

§ 12. There s'lall be four stated meeting of the to'-vn stated meetingji.
council in each year, at such times and places as may be
prescribed by ordinance.

Article III.

§ 1. There shall be elected in the town of Danville, Election of jm-
by tlie qualified voters thereof, on \[ie first Monday in ue!^" "*^
April, A. D. 1855, and on ihe 1st Monday in April annu-
ally, forever thereafter, a police justice and a town con-
stable, who shall hold tlieir offices for two years, and un-
til their successors shall be elected and qualified.
. § 2. No person shall be eligible to the office ofnolice (iuaiiacatum.
justice, or to the office of town constable, who sliail not
have been a resident of the town for one year next pre-
ceding his election, or who shall be under twenty one
years of age, or who shall not be a citizen of the United
States.

§ 3. For the election of police justice and town con- Eiecikm pmcin.*
staole, the town of Danville is hereby declared an election
precinct; and such election shall be conducted, and the
returns there, f made in the same manner as the election
and returns of other justices of the peace and consta-

1855.

.)«istlce« to bo

JttflBflSoUoo.

■)*-wu o«IiBtr.We.

.Justice liable
Indictment.

bles : Provided, such election shall be lieli] at tl;e same
time, and shall be conducted by the same judges as the
election for members of the town council.

§ 4. Tti'j pjlice justice sliali be oon^mi>\5ioned by the
governor of the state of Illinois as a justice of the peace,
and as such shall give bond, and take and «ubsoribe the
same oath of office as other justices of the peace, and as
such shall be a conservator ot the peace for the said towu;
aiid shall liave power and authority to adiiiif.ister oaths,
issue writs and processes, to take depositions, acknowledg-
ment of deeds,; mortgages and other instruments of wri-
ting, and certify the same as other justices of the peace;
and he shall have exclusive jurisdiction of aU cases arising
under the ordinances^ of the corporation and f'oncurrent
jurisdiction, power and authority in ail cases whatsoever
with otlier justices of the peace, arising under the laws of
this state, and shall be entitled to the same fees for his
services as other justices of the peace in siuilar causes.

§ .5. Tile town constable shall have such power and
authority, and be entitl d to ^uch fees, and be placed un-
der such bond, condition. ed for the faithful performance of
the duties of his office, as may be jjrescribed by the or-
dinances of the corporation hereby created.

§ 6. In case the j)olice justice, shall, at any time, be
guilty of palpable ouiission of duty, or sliall wilfully or
corruptly be guilty of oppression, ina' conduct or par-
tiality in the discharge of the dulies of his office, he shall
be liable to be indicted in the circuit court of Vermilion
county, and on conviction, shall be fined in any sum not
exceeding two lumdred dollars, and removed from office.

Article IV.— -(y Elections.

«eo*ton«, § 1. On the first Monday of April next an election

shall be held in said town for t\w president and four mem-
bers of the town council, and forever thereafter on the
first Monday of April of each year there shall be an elec-
tion heldforsaid otficers. The fir.ftelection shall be held,
conducted, and returns thereof made as may be provided,
by ordinance, by the present president and trustees of
the town of Danville; and all succeeding elections as may
be provided by ordinance of the town council by tliis act
created.

§ 2. All persons who are entitled to vote for state
officers, and who shall have been actual residents of said
town niney days next pr-^ceding said election, shall be
entitled to vote for said officers.

25 1866.

Article V. — Of the Legislative Powers of the Covncil.

§ 1, The town council shall have power and autliority Levy and coistet
to levy and collect taxes upon all property, real and per-
sanal, witliin the limits of the town, not exceeding one-
half per centum per annum upon the assessed value tltere-
of, and may enforce the pajment of the same in any man-
ner, to be prescribed by ordinance, not repugnant to the
constitution of the United States or this state.

§ 2. The town council shall have }»ower to appoint a Apromt town *-
clerk, treasurer, assessor and supervisor of streets, and
all such other officers as may be necessar)^, and <o require
of all officers appointed in pursuance of this charter,
bonds, with such penalties and security for the faitliful per-
formance of their duties as msy be deemed expedient.

§ 3. Also to require all officers appointed as aforesaid, oath.
to take an oath for the faithful performance of the duties
of their respective offices, before entering upon the dis-
charge of the same.

§ 4. To appropriate money and provide for the pay- Approprtatm*.
ment of the debts and expenses of tlie town-

§ 5. To make regulations to secure the general health General beaitt.
of the inhabitants of the town, and to declare what shall
be a nuisance, and to prevent and remove the same.

§ 6. To provide the town with water, to sink and Toproride >»»•».,
keep in repair wells and pumps in the streets, for the con-
venience of the inhabitants.

§ 7. To open, alter, abolish, extend, grade, pave, or open ana reB»b-
otherwise improve and keep in repair streets and alley's. ^^''^^

§ 8. To erect and keep in repair bridges. Bridges,

§ 9. To erect market houses, to est iblish markets and Market iiohbb*.
market places, and to provide for the government and
regulation thereof,

§ 10. To provide for inclosing, improving and regula- vw^wc groxintf*.
ting all public grounds belonging lo the town.

§ 1 1. To license, tax and regulate auctioneers, hawk- AuctioneerB, aw.
ers,pedlers, brokers and pawn-brokers.

§ 12. To license, tax. regulate and suppress theatrical 'r^^^^^**^^'^'^*^^^*^
and other exhibitions, shows and amusements.

§ 13. To prohibit and suppress tippling houses, dram Tirpimg noos^.
shops, giiming houses, bawdy houses and other disorderly
houses.

§ 14. To provide for the prevention and extinguish- E^xt^ngtiigiiin<rnt
ment of fires, to organise and regulate fire companies.

§ 15. To regulate the fixing of chimneys, and the flues chimneys m*.
thereof.

§ 16. To regulate the storage of tar, pitch, rosin, gun- storag t pit**,
powder and other combustible materials. ''**

§ 17. To provide for taking enumerations of the in- censw.
habitants of the town.

1855.

T.)«rj iillcers.

(■)<nnpens*tlo,n.

Regulito police.

Hilli.inl tables.

Unforce ordinan-
ces.

Strie.

Ordfnsmws to be
pubiLsUed.

Seal of coTpora-
Uoa.

tvUmxce.

§ 18. To re(ri\la*e t'le eliection of town offcprs, and
to urivide for ieiito\inj I'Vom o.lice any rerson IjOiCing an
office created hy ordinance.

§ 19. To fix the compensation of town ofRcers, and
regulate the fees of jurors, witnesses and others, for ser-
vices rendered under this act, or any ordinance : Pro-
vided, that in no ca?!e shall any member of the town coun-
cil receive more than four dollars for one year's service,
exceptiftg the president, wiio shall in r.o '^.ase receive more
than eight dollar? for one year's service,

§ 20. To regulate the police of the town; to impose
fines, forfeitures and penalties for the breach of any ordi-
nance; for the recovery and appropriation of sich fines
and forfeitures, and for the enforcement of such penalties:
Provided, that the right of trial by jur^/ shall in no case
be denied to any person charged with a breach cf any of
the provisions of this act or any ordinance.

§ 21. The town conn mI shall have power, within the
limits of the town, by ordinance, to prohibit and suppress
billiard tables and lotteries.

§ 22. The town council shall have power to make and
enforce all ordinances necessary and proper for carrying
into effect all of the powers specified in this act, so tliat such
ordinances are not repugnant to nor inconsistent wiih the
constitution of tlie United States or of this state.

§ 23. The stjle of the ordinances of the town shall be
''Be it ordained by the town council of the town of Dan-
ville."

§ 24. All ordinances passed by the town council shall,
within one montli after they shall have been passed, be
published in some newspaper published in the town, or in
some other way to be provided by ordinance, in case no
news-paper is published in the town, and shall not be in
force until they shall have been pubhsjiect as aforesaid.

§ 25. All ordimnces of the town may be proven by
the seal of the corporation, and when printed or published
in book or pamphlet form, and purporting to be jirinted or
published by tlie autliority of the corporation, tlie same
shall be received in evidence, in all courts and places
without furtiier proof.

Article VI. — Of the President.

iTestilent to give
CAstiiig vote.

§ 1. The president shall preside at all meetings of the
town council, ami shall have a casting vote, and no other;
and in case of his nonattendauce at any meeting, t'le
councii sh.ill app:)int one of their number chairman, who
shali preside at that meeting,
ispeoiaimeetinss. § 2. The president or any two member*? of the coun-
cil may call special meetings of the town council.

papers.

27 1855.

§ 3 The prssidpnt shall be active and vigilant in rn- Rnforc^uw..
forcing the laws atid ordinances for t'ne government of
the town; he shall inspect the conduct of all the subor-
dinate oiUcers of the town, and cause ne<Tl?gence and pos-
iti'/e viol ition of duty to be prosecuted and punished;
and he is hereby authorised to call on any male inhabi-
tant of said town, over the age of twenty-one years, to aid
in enforcing the laws and ordinances thereof; and any
person who shall not obey such call, shall forfeit and pay
to said town a fine not exceeding ten dollars.

^ 4o He shall have power, whenever he may deem it
necessary to require of any officer of said town an ex-
hibil: 0-" his books and papers, and shall have j)ower to do
al! zther acts required of him by any ordinance made in
pursuance of tiiis act.

Article VII. — Of the Proeeedinga in Special Cases.

§ 1. Whenever it shall be necessary to take private Priwte propwir*
proverty for opening or altering any public street or al-
ley, the corporation shall make a just compensation to the
owner of said property, and pay or tender the same be-
fore opening or altering srch streets or alley; and in case
the amount of such com[>ensation cannot be agreed up-
on, the police justice shall cause the same to be ascer-
tained by a jury of six disinterested freeholders of the
town.

§ 2. When all the owners of property on a street or ^'^ne'"!^ '*"*'
alley proposed to be opened or altered shall petition there-
for, the town council shall provide for the opening or al-
tering ihe same, but no compensation shall be allowed to
such; owners for their property so 'aken.

§ 3. All jurors empannelied to inquire into the amount '^^^^i^ ""'
of benefits or damages which shall happen to the owners
of propercy proposed to be t iken, for the opening or al-
tering any street or alley, shall first be sworn to that
efi'ect, and siiall return to the police justice their inquest
in writing, signed by each juror : Provided^ alivays, in the
assessment of such damages, the jury shall take into con- Da™*8»-
sideraiion the benefit as well as injui-y happening to the
owner of property pro})osed to be taken for opening or
altering a street or alley by such opening or altering.

§ 4. The police justice shall have power, for good ^°"**^"*'
cause shown, within ten days after any inquest shall
have been returned to him as aforesaid, to set aside the
same, and cause a new inquest to he made.

§ 5. The town council shall have power, by ordinance, Speci»ite».
to levy and collect a special tax on the holders of lots or
any street or alley, or any part of any street or alley, ac-
cording to the respective fronts owned by them, for the

1855.

purpose of paving or grading the sidewalks of said street
or alley.

Article VIII.

■irampt from
load labor.

Btreet liibor.

•ffsndera.

atatement to be
(abllched.

§ 1. The inhabitants of the town o Danville are here^-
by exempted from working on any road beyond thi? limits
of the town, nnd from paying any tax to procure laborers
to work on the same.

§ 2. The town council shall have power and it is here-
by made their duty, when it maybe necessary for the pur-
pose of keeping in repair the streets and alleys of said
town, to reqiiire every able bodied male inhabitant of said
tow/n, over twenty-one years of aire and under fifty, to la-
bor on said streets and alleys not exceeding three days in
each }ear; and any person failing to perform such labor,
when duly notified by the supervisor of said town, shall
forfeit and })ay the sum of one dollar to said town for each
and ev^ery day so neglected or refnsed.

§ 3. The tow)i coui oil shall have the power to provide
for the punishment of offenders against tlie ordinances of
said town by imprisonment in the county jail, not exceed-
ing thirty days for any one offence, in all cases where such
GiTend', is shall fail or refuse to pay the fines and forfeit-
ures wliich may be recovered against them.

§ 4. Tile town cauncil fihall cause to be published, an-
nually, a full and complete sta ement of all money received
and expended during the preceding year, and on what ac-
count received and exj;ended.

§ 5. All ordinances and resolutions passed by the pres-
ident and trustee:^ of the town of Danville shall remain in
force until the same shall have been repealed by the town
council hereby created.

§ 6. All suitSj actions and prosecutions instituted,
commenced or brought by the corporation hereby created,
shall be institut^ni, commenced and prosecuted in the name
of the town of Danville.

§ 7. AH actions, lines, penalties 9nd forfeitures which
have accrued to the president and trustees of the town of
Danville shall be vested in and prosecuted by the corpo*
ration hereby created.
ipropcrty of for- § 8. All property, real and personal, heretofore be-
ro^ lucurpora- jon^-ripg to the president and trustees of the town of Dan-
ville, for the use of the inhabitants of said town, shall be
and til 8 same are hereby declared to be vested in the cor-
poration hereby created.
»<»rnrtr«cu valid ^ 9. This charter shall not invalidate any act done by
the president and trustees of the town of Danville, nor di-
vest them of amy rights whickhave accrued to them prior
to the passage of this act.

tJtHAftK.

nolatidns to be
Iire»ecutcil.

29 1855.

§ 10. The president and trustees of the town of Dan- rroinuiaAts i»w.
ville shall, immediafely after the passage of this act, take
measures to promulgate this law witfiin the limits of the
town of Danville, and issue their proclamation for the elec-
tion of officers, and cause the same to be ptiblished in all
the newspapers of sa'.d town, two weeks in succession,
prior to the day of election of sucIj oificers.

§ 11. Appeals shall be allowed in all cases arising un- App«»Jfc
der the provisions of this act, or of any ordinance passed
in pursuance of this act, to the circuit court of Vermilion
county; and every such appeal shall be taken and granted
in the same manner and with like effect as appeals are ta-
ken from and granted by justices of the peace to the cir-
cuit court in similar cases under the laws of this state.

§ 12. Whenever the police justice or town constable HeiooMK
shall remove from the town, resign or die, or his office shall
be otherwise vacated, the town council shall immediately
provide for fillmg such vacancy by election.

§13. This act is hereby declared a public act, and may Pnbiie«<».
be read in evidence in all courts of law and equity in this
state, without proof.

§ 14. All acts or parts of acts coming within the oro- Actsrepeiibd.
visions of this charter, or contrary to or inconsistent with
its provisions, are hereby repealed.

§ [5. The town constable, or any other officer autho- To-sro coqaiAii.
rized to execute writs or other process issued by the po-
lice jufitice, sliall have power to execute the same any-
where within tiie limits of Vermilion county, and shall be
entitled to the same fees<as other constables are in like
cases.

8 16. The president and trustees of the town of Dan- Election u h
ville shall cause an election to be held in said town on the
first Monday of April, 1855, at which the inhabitants resi-
ding within the limits of said town, who are authorized to
vote for state officers, shall vote for or against this char-
ter; a;;d if the majority of the votes given at such election
shall be in favor of the adoption of said charter, said char-
ter sliall immediately take effect as a law; but if a majority
of the votes be against the adoption of said charter, then
tliis act to be of no effect-

Approved Feb. 15, 1855.

AN ACT to incorportl* th« town of Greenville, in Bond counfv, lUinoM. tb force Feb. J*.'

"^ ' 1QRK

1S5$.

Section 1. Be it enacted by the people of the state of
lUiaoi^.repreanitp.d in the General Assembly, That the
inhabitants and residents of the town of Greenville, Bond ^^x^^T*^

1856.

county, are hereby made a body corporate and politic, under
tlie name and style of " The President and Board ofTrus-
tees of the Town of Greenville," and by that name shall
have perpetual succession, and a common seal, which they
may alter at pleasure, and in whom the government of
the corporation shall be vested, and by whom its aflairs
shall be managed.

Buuuo^ries, g 2. Tile bouiidaries of said corporation shall be those

as established by the first ordinances passed by the pres-
ent board of trustees of said town; Dvhich said ordinances
are hereby legalised for that purpose.

Additions. § 3. Whenever any addition of town lots shall be

made, adjoining to said corporation, and shall have been
properly recorded, as required by the law, the same shall
become annexed and a part of said corporation.

General powers. § 4 The inhabitants of said town, by the name and
style aforesaid, shall ha\ e power to sue and be sued,
to plead and be impleaded, defend and be defended in all
courts of law and equity and in all actions whatever, both
real and personal; to purchase, receive and hold property,
both real and personal, within the limits of said town ; to
purcha&p, receive and hold property, both real and per-
sonal, b«:yond the corporate limits of said town, for the
purpose oi (i>urial grounds, or other public purposes, for
the use of said town; to sell, lease or dispose of property,
both real and personal, for the benefit of said town, and
to improve and protect such property, and to do ail other
things in relation thereto, as i^atural persons.

EoardoiUTistees. § 5. Tlie Corporate powers and duties of said town
shall be vested in five persons, who shall form a board for
the transaction of business; and the persons who may be
in ofiice as trustees of said town, under the general incor-
poration act of this state, saall, after the passage of this
act, be deemed to hold their offices by virtue of this act
until the first Monday of May, 1855, and until their suc-
cessors in office are elected and qualified, and to discharge
their duties ia coafoiiiiiiy to this act.

§ 6. That there shall be elected, on the first Monday
of May, ib55, and on eveiy fits I Moi^day of May tiioie-
after, five trustees, who shall hold their offices one year, and
until tnejr successors aie elected and qualified; and public
notice of the time and place of holding said elections shall
be given by the president and trustees of said town, by an
adverti'^ement, published in a newspaper, or by posting up
advertisements in tiiree of the most public places of
town, at least ten days before said election. No person

<{naiia(cat.ion. shall bc eligible as a trustee of said town who has not ar-
rived at the age of twenty-one years, and who shall not have
been a resident of said town for at least one year prece-
ding such election, and who shall not be a bo?ia fide frec-

Klectlon of trus-
tees.

Kolico.

31 1855.

holder in saitj town at the time of his election. All white
free male inhabitants, over tl»e age of twenty-one years,
who may have a right to vote in said town at any general
election for stite or county officers, sbaiLbe entitled to vote
for said trusteesj and said trustees, at their "first meeting-,
shall proceed to elect one of tlitir own board as president, Eiectapresweni
and shall l-ave powtr to fill, by^pjiointment, all vac'ancies
which may occur in said boaid by death, resignation or re-
moval. Said trustees shall have power to appoint a town jippointtownc»f-
constable, assessor, treasurer, collector and cleik and ^^'^"^'
street commissioner, all of whom shiill be required to give Bono,
bond, with good security, in such con3itions as the said
trustees may require, and who shall also take, each, an path,
oath, before a justice 6f the peace or notary public, well
and faithfully to pcrfdrra their duties as officers of said cor-
poration, to the best of their skill and alility; and it shdll outyof constsM*
be the duty of the said constable to execute all writs, pre-
cept'?, processes whicii may be issued against any person
for any violation of the ordinances of said town ; and
the said constable shall have tiie same powers, rights and
duties that other constables have, and ^liall have the same
fees, to be taxed as costs, that the law gives to other con-
stables withiii t')e iirniis of tlie corporatioii — said constable
to hold his office for one year and until his successor is
appointed and qualified.

§ 7. The trustees aioresaid and their successors, or a nniesoi prcceed-
majority of theai, shall have full power and authority to ^'^^^'
ordain and establish such rules aiid regulations ibr their
government and direction, and for the transaction of
the business and concerns of the corporation, as they
may deem expedient ; and to ordain, establisii, and put
in execution such by-laws, ordinances and regulations
as shall seem necessary for ^.the government of said
town, and for the management, control, disposition and
application of its corporate j)roperty, and generally to do
and execute all such things which may seem necessarv to
them to do, not repugnant to the laws and constitution of'
the state of Illinois.

^ 8. The said trustees shall have power to levy and Levy aud <x>iiect
collect a tax, not exceeding one half of one per ctut. on ''*^'
all lots, laud3, i:nprovements and personal property within
the limits of said corporation, according to valuation^j to Tax show-,, tav-
tax public shows, concerts, houses of public entertainment, *"'^' ^'''
taverns, beer housts, stores, and to license pedlers, auc-
tioneers, venders of patent medicines, &c., for the ])urpose Repairing streets
of making and improving the str( ets and keeping them in
repair, and for the pirpose of erecting public buildings
and other works of public utility, as tlie interest and con-
venience of said town may seem to require; aud may Assessment and
adopt such modes and means for assessment and col- taxeB!"*" "'
lection of taxes as they shall, from' time to time, deem ev»

1855. 32

BroTlao.

pedient, and to prescribe the mode of selling property
whea the tax upon It shall not be paid : Provided^ no sahj
ot real pstate shall take place until time and notice of such
sale jsliall be given by notice published in a public news-
paper, orpo'^teil in four of the most public places in said

» town, containing a list of the delinquent real estate, at least

thiity days prior to said sale. '

uts gold for tax- § 9. When any lots or real estate shall have been sold
for taxes, as aforesaid, the same shall be subject to re-
demption in the times and on the terms now provided,
or hereafter to be provided by the revenue laws of tliis
state, for tiie redemption of real estate sold for state and
county taxes, but shoud the real estate so sold for taxes
in the time and manner provided by law, and if the pur-
chaser or other person for him shall have paid all taxes
with whii.h such real estate or lots sliall have been charged
up to the time when the right of redemption shall exj.'ire,
then and in that case it sha 1 be the duty of the president
of the board of trustees to execute to the purchaser or
purci>asers, a deed therefor, signed by the president and
countersigned ]»ythe clerk of the board of trustees.

•rode, plank and § 10. The board of trustecs shall have the right and

jmprovcktreeti,, p^.^^j. |.g regulate, grade, plank and improve and pave the

streets, public squares and alleys in said town, for which

nowiutw. purpose they shall have power to levy, annually, a road
labor tax of noi less than three nor more than tive days,
against every able bodied white male, over the age of
twenty-one and under the age of fifty, to be collected and
■♦ expended in such manner as they shall determine and di-

rect.

Tippling houses. § 11. The trustees shall have power to tax, restrair,
prohibit and snppre?? tippling houses, dram sliops and ga-
ming houses, bawdy homes and other disorderly houses,
and to suppress and restrain billiard tables.

Fiini3h foT an vi- § 12. Said trustees, or a majority of them, shall hav«
power to preserve good order and larmony in said town,
and to puaish open indecency, breaches of the peace, liors*
racing, disorderly houses, riotous meetings or assembla-
ges, and to punish persons for making loud or unusual
noises, or for disturbing persons assembled at religious or
other meetings in said town; for which purposes the trus-
tees may make sudi by-laws and ordinances, not incom-
patible wich the laws of this state, as they may deem ne-
cessary or expedient to carry the provisions of this act in-
to effect, and to impose lines for the violation of any of
their by-laws and ordinances, to be recovered before any
justice of the peace, in said town, by action of debt.

uuty ot jnsiioee § 13 It shall be the duty of any justice of the peace

^***^*' in said town, and he is hereby authorised and empowered,

on view, or upon complaint being made to him upon oatii^

oljkUoiis.

33 1856.

of the violation of any law or ordinance of said town, to
issue ills warrant, directed to the town constable or to any
aiuthcrised person, to apprehend the offender or offenders,
and bring him or them before him forthwith; and after
hearing the evidence, if it shall appear that the accused
has been guilty of the violation of any law or ordinance of
the corporation, to impose such fines or imprisonment as
may be provided for by such ordinance.

§ 14. In all cases arising under the provisions of this ADpe«»».
act, appeals may be taken, writs of certiorari allowed, as
is noiv or may hereafter be provided for by law.

§ 15. All fines or moneys collected for licenses grant- Moneyo coueot«i
ed under the provisions of this act shall be paid into the *"'^'^••
town treasury, for the use of the inhabitants of this town.

§ 16. The trustees shall provide all of the necessary Boota,&o.
books, and have, by their officers, true and correct re-
cords kept of all their proceedings and of the proceedings
of their officers; which books, or attested copies thereof,
shall be proof in all courts within this state; said record to
be kept most fully and euoirely of all proceedings and acts
of said board of trustees, and of all by-laws and ordinan-
ces; and no ordinance shall be of any force until the same
shall have been advertised, by posting copies in three of
the most public places in said town, for ten days.

§ 17. The said trustees shall have power to make pave- Ta* tw •>«•-
ments or side-walks in said town, as to them may seem **
needful : Provided., that any lot in front of which any side-
walk is to be made shall be taxed to pay at least one-half '^>
of the expenses of such side- walk.

§ 18. The said trustees shall have power to declare Natsano«.
what shall be considered a nuisance within the limits of
the corporation, and to provide for the abatement or re-
moval thereof.

§ 19. The corporation of said town is endowed with crty of siwtQ*-
all the powers and privileges that are accorded to the city ^"^
of Springfield, by the charter thereof.

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

Approved Feb. 15, 1855.

AN ACT to incorporaf* the town o£ JersejTille. in force Feb. u.

16fi5.

Section 1. Be U enacted by the people of the state oj
Illinois, represented in the General Assembly, That the
iuhibitants and residents of the town of Jersey ville, in bo<i> cotvntt»
the county of Jersey, and the state of Illinois, be and they •ndpoutjo.
17

1855.

O-aaoro] powers.

are hereby constituted and declared a body politic and
corporate, by the name and style of "The Town of Jersey-
ville," and by that name shall have perpetual succession,
and may have and use a common seal, which they may
change or alter at pleasure.

(S 2. The inhabitants of said town, by the name and
style aforesaid, shall have power to sue and be cued, to
plead and be impleaded, to defend and be defended in all
courts of law and equity, and in all actions whatsoever; to
purchase, receive and hold property, real and personal, in
said town, and to purchase, receive and hold property,
both real and personal, beyond the limits of said town, for
burial grounds and other public purposes; to sell, lease
and convey property, both real and personal, for the use
of said town, and to protect and improve any such pro-
perty, as the public good may require.

§ 3. The boundaries of the said town shall be as de-
fined by the ordinances of the board of trustees thereof
now in forre; and all of said ordinances relating to or de-
fining the boundaries of said town are hereby, in that re-
spect, legalized and confirmed; and whenever any tract of
land, adjoining said town, is laid off into town lots and re-
corded, the same may be attached to and form part of the
same.

Article II.

Town oonmdi.

QuaUfloatlans.

OAce vAoatod.

Bleottoni and re-
Miraw,

(^BonnB.

' § 1. The government of said town shall be vested in a
town council, which shall consist of a president and four
trustees, to be chosen annually by the qualified voters of
said town, and who shall hold their ofliices for one year,
and until their successors are elected and qualified.

§ 2. No person shall be a member of the town council
unless he shall be at the time of, and shall [have] been for
six months immediately preceding his election, a resident
of the town, and shall be, at the time of his election, twen-
ty-one years of age, and a citizen of the United States.

[§ 3.] If any member of tlie town^council shall, during
the term of his office, remove from the town, his oifice shall
thereby become vacant.

§ 4. The town council shall appoint their own presi-
dent, and shall judge of the qualifications and returns of
its own members, and shall determine all contested elec-
tions in such manner as may be prescribed by ordinance.

§ 5. A majority of the town council shall constitute a
quorum to do business, but a smaller number may adjourn
from day to day, and compel the attendance of ab-^ent mem-
bers under such fines and penalties as may be prescribed
by ordinance; and shall have power to determine the rules
of their own proceedings, punish a member for disorderly

35 1866.

conduct, and, with the concurrence of two-thirds, expel a
member. %

§ 6. The town council shall keep a journal of its pro- jomnai.
ceedings, and shall have power to fill all vacancies which
may occur therein by death, resignation or otherwise.

§ 7. Each and every member of the town council, be- oathofociM.
fore entering upon the duties of his office, shall take and
subscribe an oath, before any justice of the peace of said
county, that he will support the constitution of the United
States, and of this state, and that he will truly perform the
duties'of his office to the best of his knowledge and ability;
and there shall be, at least, one regular meeting of said
council in each month, at such times and places as may be
prescribed by ordinance.

§ 8. Whenever a tie shall occur in the election of a '^^
member or members of the town council, the judges of
election shall certify the same to the justice of the peace
of said town, hereinafter mentioned, who shall determine
the same by lot, in such manner as may be prescribed by
ordinance.

Article III. — Of Elections.

§ 1. On the first Monday of May next an election shall Election of town
be held in said town of Jerseyville, for the election of the "'^™^"*
five members of the town council of said town; and forev-
er thereafter, on the first Monday of May of each year, an
election shall be held for said officers.

§ 2. On the first Monday of May next, and on the first justice of um
Monday of May, biennially, forever thereafter, an election ^'^'^'
shall be held in said town of Jerseyville, for the election of
a justice of the peace for said town, who shall hold his of-
fice for two years, and until his successor is elected and
qualified.

§ 3. For the election of a justice of the peace the said Ei«cuon Diwia.*
town of Jerseyville, as herein defined, or as may hereafter
be extended or limited by ordinance, shall constitute an
election precinct; and the first election for officers under
the provisions of this act shall be held and conducted and
returns thereof made as is now provided by the ordinan-
ces of the said town of Jerseyville, for the election of the
present officers of said town; and succeeding elections
shall be held and conducted, and return;? thereof made, as
may be hereafter provided by the ordinances of the town
council by this act created.

§ 4. AH persons who are entitled to vote for state of- votoK.
ficers by the laws of this state, and who shall have been
actual residents of the said town thirty days next prece-
ding any election held under the provisions of this act,
shall be entitled to vote at any such election.

1855. 36

Article IV. — Of the Town Council.

uj^yand collect § 1- The town council shall have power and authority
*""• to levy, assess and Qollect a tax or taxes upon all property,

real, personal and mixed, within the limits of said town,
which is now or may hereafter be subject to taxation for
state or county purposes, not exceeding one per centum
per annum upon the assessed value thereof, and may as-
sess and enforce the collection of the same by any ordi-
nances not repugnant to the constitution of the United
States or of ihis state.
Aajpotatment of § 2. The town council shall have power to appoint a
town officers, clerk, treasurer, assessor, town constable and street com-
missioner, and all such other officers as may be judged
necessary for carrying into effect the powers conferred
upon said corporation by this act, and to require them to
give sucli bonds, with such security, and take such oaths
as may be deemed necessary to ensure the faithful per-
formance of their respective duties, before entering upon
the discharge of the same, and who shall possess the same
qualifications as is required for a member of the town
council.
Ajrproprtate § 3. Also, to appropriate money and provide for the

^^'^^^' payment of the debts and expenses of the town,

oenerai health § 4. To make regulations to secure the general health
and nuisances, gf the inhabitants of the town; to declare what shall be
considered a nuisance, and to prevent and remove or abol-
ish the same.
Open and'j^pair § ^' To opcn, aboHsh, alter, widen, extend, establish,
itreets. grade, pave or otherwise improve and keep in repair streets,

alleys and lanes in said town, and erect, maintain and keep
in repair bridges, drains and sewers.
to provide pump3 § ^' To providc the toAvn with water; to sink and keep
Mid lamps. jjj repair wells and pumps in the streets, alleys or lanes,
for the convenience and good of the inhabitants, and to
erect lamps in the streets and light the same.

§ 7. To provide for the erection of all needful public
buildings, for the use of the town; to establish markets and
market places, and for the government and regulation
thereof; and to provide for the enclosing, laying off and
improving all public grounds, squares and burial grounds
belonging to the town,
prtwiobniidin B § ^' ^^ provide for the protection and improvement of
* all public buildings owned by said town, and for the pre-
vention and extinguishment of fires, and to organise and
establish fire companies.
Partiuoa fencer, § 9- To regulate partition fences, and provide for the
inspection and weighing of hay and stone coal, and the
measurement of wood and fuel to be used in said town.

Martcei bonnes.

37 1855.

§ 10. To provide for taking the enumeration of the in- Taking the om-
habitants of said town; to regulate the fixing [of chimneys]
and the flues thereof, and to regulate the storage of tar.
pitch, rosin, gunpowder and other combustible materials.

§ 11. To license, tax and regulate auctioneers, mer- License aucuon-
chants, retailers, grocers, taverns, eating houses, pedlers,
brokers and money changers, but shall have no power to
license the sale of intoxicating drinks contrary to or incon-
sistent with any law of this state.

§ 12. To'prohibit the sale of intoxicating, malt and fer- mtoiic^nag
mented liquors; to restrain, prohibit and suppress tippling
houses, dram shops, gaming houses, bawdy houses and
other disorderly houses within said town, or within two
Eoiles of the limits thereof.

§ 13. To license, tax and regulate theatrical and oth- Theitrkai Rho««
er exhibitions, shows or amusements; to provide for the
trial and punishment of persons who may be engaged in
assaults and batteries and affrays within the corporate
limits of said town.

6 14. To regulate the election of town officers, de- Regmate th«

n .■! • J .' J • 1 !• ii 1 /• election Of tfls»

tine their duties, and provide lor the removal oi any per- officers, &6.
son [holding] an office created by ordinance.

§ 15. To fix the fees and compensation of town of- compensatioo.
ficers, jurors, witnesses and others, for services rendered
under the provisions of this act.

§ 16. To prevent the encumbering of the streets, to prevent *b*
squares, lanes and alleys of said town, to protect shade the^streeu^ml
trees, to compel persons to fasten horses, mules and other treaT*^!*. *****
animals attached to vehicles, while standing upon any
Street, alley, lane or unenclosed lot in said town; to pre-
prevent the running at large of horses, cattle, sheep, hogs
and other animals, and to provide for impounding and dis-
training the same, and to provide ior the sale of the same,
for any penalty incurred, and to impose penalties upon
the owner or owners of any such animals for the violation
of any ordinance in relation thereto.

§ 17. To prevent the running at large of dogs, and to dos**
provide for the destruction of the same, when at large,
contrary to the provisions of ordinance in such cases
made.

§ 18. To prevent the firing of squibs, rockets, guns ^'^e woTh^
or other fire works or combustibles, within the limits of
said town.

§ 19. To provide for the punishment of persons who Disturbing tto
may at any time distract the peace of the inhabitants of ^^''^
said town, or the deliberations or proceedings of any
public meeting of said inhabitants, or of the town council,
when in session.

1865. 38

Ke«uiate thQ po- ^ gO. To regulate the police of the town, to impose
fines, penalties and forfeitures, for the breach of any ordi-
nance, and to provide for the recovery and appropriation
of sucH fines and forfeitures and the enforcement of such
penalties : Provided, that in all cases the right of trial by
jury shall be allowed to any person or persons charged
with a breach of any of the provisions of this act or any
ordinance made in pursuance thereof.

Power to enforce § 21. The town council shall have power to make and
enforce all ordinances which may be necessary and proper
for carrying into effect all of the powers specified in this
act, eras the good of the inhabitants of said town may
require, so that such ordinances are not repugnant to nor
inconsistent with the constitution of the United States or
of this state.

style. § 22. The style of the ordinances of the town shall be,

"Be it ordained by the Town Council of the Town of
Jerseyville," and all ordinance.- shall, within one month
after they are passed, be published in some newspaper
printed in said town, or made known by posting copies of
the same in four public places in said town, and the cer-
tificate of the publishers of said newspaper, or of the
clerk of the town under the seal of the corporation shall
be prima facie evidence of such ordinance, and of its
publication, and no ordinance shall take effect until pub-
lished or make known as aforesaid.

Bod of coipata- § 23. All ordinances may be proven by the seal of the

"*"■ town, and when published or printed in book or pamphlet

form, and purporting to be printed or published by author-
ity of the town of Jerseyville, the same shall be received
as evidence in all courts and places without further proof.

Article V. — Of the President.

f» preside at all § !• The president shall preside at all meetings of the
iBsetingi. council, when present, and in case of his absence at any
meeting, the council shall appoint one of their number
chairman, who shall preside at that meeting.

spwaaimaetiiigs. § 2. The president or any two members of the council
may call special meetings of the same.

tafwcci.ws. § 3. The president shall be active and vigilant in en-

forcing the laws and ordinances for the government of the
town. He shall inspect the conduct of all subordinate
officers, and cause negligence and wilful violation of duty
to be punished; he shall have power and authority to call
on all male iniiabitants of said town, over the age of
eighteen years, to aid in enforcing the law and ordinan-
ces, and in case of a riot to call out the militia to aid in
suppressing the same, or in carrying into effect any la\f
or ordinancej and any and every person who shall fail or

39 1865.

refuse to obey such call, shall forfeit and pay to said town
the sum of ten dollars.

§ 4. He shall have power, whenever he may deem it ^^^^J^^p^^^"^"
necessary, to require of any officer of said town an ex-
hibit of his books and papers, and shall have power to do
all other acts required of him by any ordinance made in
pursuance of the terms of this act.

Article VI. — Magistrate and Constable,

5 1. The iustice of the peace hereinbefore provided Jnstic* .f t^
for, shall be commissioned by the governor oi this state, «;mmuik.i><»4.
and he shall have and exercise the same power, authority
and jurisdiction as is conferred by law upon other justices
of the peace of this state, and shall have and possess the
same qualifications as is required for a member of the
town council by section two of article two hereof, and
who shall give bond and qualify in all respects as the
justices of the peace are required by law to do.

§ 2. He shall be a conservator of the peace for said Jtin8<acti«i.
town, and he shall have exclusive jurisdiction in all cases
arising out of or under the ordinances of the corporation,
and shall receive the same fees and compensation allowed
for similar services under the laws of this state to other
justices of the peace, and for any wilful, corrupt, mal-
conduct, oppression or partiality, or palpable omission of
duty in his said office, may be indicted in the circuit court
of Jersey county, and upon conviction shall be fined in a
sum not exceeding two hundred dollars, and the court
shall have power, upon the recommendation of the jury,
to make his removal from office a part of the judgment.

§ 3. The town constable, apj^ointed under the provisions xovm courtibie.
of this act, shall have power and authority to execute all
process issued for the breach of any ordinance of said
town, and for that purpose his power and authority shall
extend over the county of Jersey, and shall have the same
power jurisdiction and authority within the limits of said
county, as other constables in all cases possess under ti.e
laws of this state, and shall give bond and qualify as the
said board shall by ordinance prescribe.

§ 4. If two or more persons shall receive an equal ite-
Blilber of votes for the office of justice, the town coun-
cil shall determine the same by lot in such manner as may
be prescribed by ordinance.

§ 5. The said constab'e shall be authorised to arrest Aawh-
all persons, on view, without warrant, who shall violate any
of the provisions of this act, or of any "of the ordinances
of said town made in pursuance thereof, and take him,
her or them before the justice of the peace of said town,
to be tried and punished as may be prescribed by ordi-
nance.

1866.

IMnMl to act-

§ 6. Jn case of the absence or inability or refusal to
act of said justice, or of said constable, any justice of the
peace having an office in said town, or any constable of
said county of Jersey, shall have power and autliority to
hear and determine all cases which may arise under the
ordinances of said town, or to execute all process and
writs which may be issued in the same manner, and with
like effect as the justice and constable of said town
herein provided for.
coMosa c« veime. § 7. i^ 3]} cases arising under the ordinances of said
town, changes of venue and appeals shall be allowed as
in other cases before justices of the peace; and the said
corporation shall be allowed to appeal in any case in
which they are parties, by causing their secretary or
clerk to execute a bond, in the name of the corporation,
in the form now or which may hereafter be furnished by
law in other cases, without other security, and an order
entered upon the records of said corporation, directing
said appeal, shall be sufficient evidence of the authority
of said security to sign said bond.

Article VII.

ItdvatiQtrilpeitjr ,

Jvrors to b« em-

NovaJed.

BwBBcei.

■tmlaltaz.

§ 1. Whenever it shall be necessary to take private
property for opening or altering any public street or alley
in said town, the corporation shall make just compensa-
tion to the owner or owners of said property, and pay or
tender the same before opening or altering such street or
alley ; and in case the amount of such compensation can-
not be agreed upon, the same shall be ascertained by six
disinterested freeholders of the said town, who shall be
summoned by the justice of the peace of said town, for
that purpose.

§ 2. The said jurors so empanneled to ascertain the
damages which will be sustained by the opening or alter-
ing <if any street or alley, by any person or persons so
owning property, shall first be sworn to that effect by said
justice, and shall return to him tiieir inquest, in writing,
signed by each of said jurors, and by him laid before the
town council at their first meeting thereafter, and either
party may appeal therefrom to the circuit court of Jersey
county, in such manner and upon such terms as may be
prescribed by ordinance.

§ 3. In the assessment of such damages the jury shall
take into consideration the benefits as well as the injury
happening to the owner or owners of property proposed
to be taken, for opening or altering a street or alley by
such opening or alteration.

§ 4. That the town council shall have power to levy
and collect a special tax on the owners of the lots on any

41 1855.

street or part of a street, according to their respective
fronts, for the purpose of grading, paving or otherwise,
the side-walks on said street or part of street.

§ 5. That the lot in front of which any side-walk is side w»ik».
made, shall be taxed to pay, at least, one-half of the ex-

f tenses of making such side-walk, in addition to the regu-
ar tax, which shall be assessed and collected in [the]
same manner as other taxes are.

Article VIII. — Miscellaneous Provisions.

§ 1. The inhabitants of the town of Jersey ville are ^<^ '***»•
hereby exempted from working on any road beyond the
limits of said town and the payment of any road tax
levied by authority of the county court or other county
.authorities, and the entire jurisdiction and control of the
roads, highways and bridges in said town shall be held
and exercised by the town council by this act provided
for.

§ 2. The town council, for the purpose of keeping the strertunw*.
streets, alleys, lanes, avenues and highways in said town
iu repair are authorised and empowered to require every
able bodied male inhabitant of said town, over twenty-one
years of age and under fifty, to labor on said street, al-
leys, lanes, avenues or highways, any number of days,
not exceeding three, in each year, and any person failing
to perform such labor, when duly notified by the street
commissioner or other authorised officer of said town, shall
forfeit and pay the sum of one dollar to said town for
each and every day so neglected and refused.

§ 3. The town council shall have power to provide for ^"^n**-
the punishment of offenders against any ordinance of said
town, by imprisonment in the county jail, not exceeding
thirty days for any one offence, in all cases where such
offenders shall fail or refuse to pay the fine and forfeitures
which may be recovered against them.

§ 4. All suits for fines and penalties in and for the s°**^
violation of any ordinance shall be in the name of the
town of Jerseyville, and the town council shall have
power to regulate by ordinance the form and nature of
the first and any subsequent process and the mode of ex-
ecuting the same.

§ 5. The corporation hereby created shall not be secwity for eoBt
required in any suit brought for a violation of any ordi- '^•'* '*'»**'***
nance of said town to file before the commencement of
any such suit, or during the pendency thereof, any secu-
rity for costs.

§ 6. All ordinances and resolutions passed by the presi- oraieittBM.
dent and trustees of the town of Jerseyville shall remain
in force until the same shall have been repealed by the

18B6.

Iropertr of oor-

'Vacancy.

PaUUeact*

AeU rqpesled.

town council hereby created, and all actions, fines, pen-
alties and forfeitures which have accrued to the president
and trustees of said town, or which may hereafter accrue
to them prior to the taking of effect of this act, shall be
vested in and prosecuted by the corporation herein cre-
ated.

§ 7. All property belonging to the president and trus-
tees of the town of Jerseyville, for the use of the inhab-
itants of said town shall, upon this act taking effect, be
vested in the corporation hereby created, and tliis act
shall not invalidate any act done by said president and
trustees, nor divest them of any rights which have ac-
crued to them prior to the passage of this act.

§ 8. Whenever the justice of the peace herein pro-
vided for shall remove from said town, resign or die, or
his office shall otherwise become vacated, the town coun-
cil shall immediately provide for filling such vacancy by
election.

§ 9. This act is hereby declared a public act, and may
be read in evidence in all courts of law and equity in this
state, without proof, and upon its going into effect all acts
and parts of acts coming within the provisions of this char-
ter, or contrary to or inconsistent with its provisions shall
be repealed.

§ 10. This [act] shall take effect and be in force from
and after the first Monday of May next.

Approved Feb. 14th, 1855.

Is torce^ Pab. t6, AN ACT to amend an act entitled " An act to aulhorise tbe county of Kfcn-
1866. kakee to borrow money, and to provide for the repayment thereof," ap-

proved February 22d, 1854.

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

Illinois, represented in the General %/3ssembly, That all

ai>ard of superv!- the proccss by said act vested in the county court of

^we^to^*^ Issue Kai kakcc county shall hereafter be vested in and exer-

prooQM.

BdhQs declared
vaUd.

cised by the board of supervisors of said county exclu-
sively, and not by the county court.

§ 2. All bonds heretofore issued by authority o/ said
act by the county court of said county are hereby de-
clared legal and valid and binding on said county.

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

Approved Feb. 15, 1855.

43 1856.

AN ACT to amend tn act entitled " An act to amend the charter of the in force Feb. u,
city of Rockford." ^^•

Section 1. Be it enacted hy the people of the state of
Illinois, represented in the General Jissemhly, And it is
hereby enacted as follows : That so much of article 2d, ^ctrepeaiwi,
section 3d, reading as follows: "Provzrfec^, that no portion
of said territory shall be considered to be within the cor-
porate limits of said city, that is reserved or used for
farming purposes, that is held in tracts of a greater amount
than thirty acres, until the same shall have been subdi-
vided into lot or lots of thirty acres, or less quantities," be
and the same is hereby repealed.

Be it also enacted, that said city charter be further
amended, by the following additional section, after section •

189, miscellaneous provisions:

Neither the mayor or any alderman of the said city of m^^'^^J^j^IS*^
Rockford shall receive any fee or compensation whatsoever, to tees.
from the said city, either directly or indirectly, for any
opinion or advice given, or service rendered by him, as an
attorney or counsellor at law, during the time of his being
such mayor or alderman.

Tliis act is declared to be a public act, and shall take
effect from and after its passage.

Approved Feb. 14, 1855.

AN ACT (o fix the limits of the citj of Alton. In force reb. u^

18§5.

Section 1. Be it enacted hy the people of the state of
Illinois, represented in the General Assembly, That the
limits and boundaries of the city of Alton shall be and BoimdaTie. ex-

1 1 I 1 1 1 1 1 1 • tendeu.

they are hereby declared to be the same as are designa-
ted and intended in an act of the general assembly of the
state of Illinois, entitled " An act to incorporate the city
of Alton," approved July 21st, 1837; that is to say: Be-
ginning at the northeast corner of section twelve, in town-
ship five north, range ten west of the third principal
meridian, in the county of Madison, and state of Illinois;
and running thence west on the north boundary lines of
sections twelve, eleven and ten, in said township and
range, to the middle of the Mississippi river; thence due
south to the main channel of said river; thence down the
main channel of the said river, to a point due south of the
southeast corner of fractional section thirteen, in said
township and range; and thence due north to the southeast

1865. 44

corner of said fractional section thirteen; and thence
north on the east boundary lines of said fractional section
thirteen and of said section twelve, to the place of begin-
ning. This act to be in force from and after its passage.
Approved Feb. 15, 1855.

*• '**^- "' AN ACT for th« benefit of the town of Carthage, in Hancock county.

Section 1. Be it enacted by the people of the state of
Illinois^ represented in the General ^issembly, That all
moneys that have been or hereafter may be collected for
licenses of every description or character, granted by the
corporate authorities of the said town of Carthage, shall
inure to the benefit of said town, and shall be paid into the
treasury thereof, to be used in their discretion by the
trustees o/ said incorporated town, for the benefit thereof.

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

Approved Feb 14, 1855.

*"**!«;«.** *^* ^^ ^^^ *° legalise the proceedings of the trustee* of the town of De-
"^ calur.

'•••'^•- Whereas on and about the 19th day of December, 1846,

the citizens of the town of Decatur did take legal raeas-
► ures to incorporate the said town, and did elect trus-

tees under the provisions of the laws of the state, in-
corporating towns. And the trustees of said town of
Decatur, having duly organised as such, which organi-
zation having been regularly kept up, as will appear by
their records and minutes, kept according to law, from
the first day of January, 1847, up to the present time;
and whereas there is no evidence in the county clerk's
office that the organization was recorded in that otticej
therefore,
A«iiiasa]ued. Section 1. Be it enacted by the people of the state of

Illinois, represented in the General Jissembly, That tire
acts of the trustees of said town of Decatur be and the
same are hereby legalised, as fully as if a record of tlie
same had been made in the county clerk's office.
4«M««flaniiTA> § 2. This act, as well as all others, under which the
town of Decatur shall have been incorporated, shall be
deemed public, and liberally construed in all courts of

1856.

justice, and shall be in force from and after its passage :
Provided, nothing in this act contained shall be so con- ptqti*.
strued as to effect any suits now pending in any of the
courts of this state.
Approved Feb. 15, 1855.

AN ACT to change fte name of (he town of Berrian, in Henry county. infb«.Fw,. 14,
and to vacate certam alleys therein named. ^^•

Section 1 . Be it enacted hy the people of the state of
Illinois, represented in the General Assembly, That the

Iir" °//';k ^^'^^ of Berrian, in Henry county, be Na„« e^.«,.
changed to the name of Kewannee.

.. ^ "^^ ^^^^ ^'^^ ^^^^y^ o" ^^^^ side of the Central Mil- cii«t.?«> »ne„
itary Tract Railroad east side of Main street; also, the al- S^^^iaa^
ey running along the east end of the depot ground, on
Uie south side of the Central Military Tract Railroad, lying
between fractional lot number two and depot ground, said
alleys bemg thirty feet wide; also, to change biock num-
ber three and four, agreeable to maps recorded on the
records of said county of Henry.

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

Approved Feb. 14, 1856.

In rurce P«b. U,
1855.

AN ACT amending the city charter of Nauvoo,

Section 1. Beit enacted hy the people of the state of Illi
nozs, represented in the General Assembly, That here-
atter it shall not be necessary for the city council of the
city ot Nauvoo, in Hancock county, to publish the ordi- Not«e<^.rj to
nances passed by said council in any newspaper before ^T ''""-
:iie same goes into effect, but said ordinances shall go into
Jttect at such times and in such manner as the said coun-
iU may direct, any thing in the charter of said city to the
30ntrary notwithstanding.

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

Approved Feb. 14, 1855.

1865. 46

Ki farce Feb. 14, AN ACT to vacate the town plat of (he town of Osceola, in the cuuntv of
1855. *^ Stark. '

Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly, That the
town plat of the town of Osceola, in the county of Stark,
be and the same is hereby vacated.

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

Approved Feb. 14, 1855.

In tore* Feb. 13, AN ACT to vacate the town of Oneida, in the county of McL«aD.

1866.

[Section 1.] Beit enacted hythe people of the state of
Illinois, represented in the General Assembly, That the
the town plat of the town of Oneida, in the county of
McLean, be and the same is hereby vacated, and the title
of the same remain vested in the owners or proprietors
thereof.

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

Approved Feb. 13, 1855.

>* '<«e«Feb. 13, AN ACT supplemental to an act to incorporate the town of Carfjle, in

Clinton county, approved Feb. 12, 1853, and the acts amendatory thereof
and supplemental thereto.

Section 1. Be it enacted by the people of the state oj
■^S?*^**'^^^*' Illinois, represented in the General Assembly, That the
election of trustees of said town, held in pursuance of
the acts referred to in the title hereof, shall be considered
and held valid, notwithstanding that two of the judges of
said election were elected trustees ; and the said trustees
so elected shall have full power and authority to act as
trustees of said town of Carlyle, and to do all acts and
things authorised by the acts above referred to.

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

Approved Feb. 13, 1855.

47 1866.

AN ACT to repeal the third section of an act entitled** An net to amend In force Feb. 14,
the act incorporating Jacksonville," approved February 13, 1851. ^^°^'

Section 1. Be U enacted by the people of the state of
Illinois^ represented in the General ^.issembly^ Tliat the
third section of tlie act entitled "An act to amend the act
incorporating Jacksonville," approved February thir-
teenth, one thousand eight hundred and fifty-one, shall be
and the same is hereby repealed.

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

Approved Feb. 14, 1855.

AN ACT to chaoge the name of a town therein named. in forc« PWi. P,

186S.

Section 1. Be it enacted by the people of the state of
Illinois^ represented in the General .Assembly, That the
name of the town of Richmond, in Washington county, ^^ia^ ^ town
be and the same is hereby changed to Richview, and the cuansed.
additions to said town shall hereafter be designated as ad-
ditions to Richview : Provided, however, that the change
of name shall in nowise effect contracts or conveyances
heretofore made.

§ 2. The town of Richview, heretofore laid out in Addition to toxi
Washington county, by Joseph Barber and A. P. Shipley,
shall be designated end known as Barber & Shipley's ad-
dition to the town of Richview.

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

Approved Feb. 9, 1855.

ol KlchvU'w.

AN ACT to vacate two certain streets in the town of VermilionTille. in force Feb. 1*,

1866.

Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly, That the
whole of Church and Oak streets, in the town of Ver-
miiionville. La Salle county, are hereby vacated.

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

Approved Feb. 16, 1866.

1865.

IB «(«» Feb. 14, AN ACT to vacate a part of the town of Rapids City, and to repeaJ an
**^ act to vacate a part of said town, approved Feb. 11, 1853.

Section 1. Be it enacted by the people of the state of
Ilii7iois, represented in the General Assembly^ That section

x«irep«fl«i. one of an act passed February 11th, 1853, vacating so
much of the southwest quarter of section number twen-
ty-eight (28,) in township No. (21) twenty-one north,
range (7) seven east, of the (4th) fourth principal meri-
dian, in Whiteside county, as is laid out into town lots,
known as Rapids City, be and the same is hereby re-
pealed.

fcot T«c«taii. § 2. That so much of the southeast quarter of section

No. (28) twenty-eight, in township No. (21) twentyone
north, range No. (7) seven east of the (4th) fourth prin-
cipal meridian, in Whiteside county, as is laid out into
town lots, known as a part of Rapids City, be and the
same is hereby vacated.
Approved Feb. 14, 1855.

In force Pei». 14, AN ACT authorising a resurvev of Bice's addition to the town of Freepoft.
1855. ^

pnwibjf. Whereas in the plat of Rice's addition to Freeport, in

the county of Stephenson, (situate upon the northeast
quarter of section No. five, in township No. twenty-six
north, of range No. eight east of fourth principal me-
ridian,) the county surveyor made numerous errors in
laying down distances, in stating the length and width
of lots, and omitted to give the courses of the lines, so
that the plat does not correspond with the survey ;
therefore,
Atrtuortaed to S EOT! ON 1. Be it enacted by the people of the state of
oi^ko r^nrvey. nnyj^ois, represented in the General Assembly, That the
county surveyor of Stephenson county be and he is here-
by authorised and empowered to make an examination of
the plat, and if he shall deem it necessary, shall make a
resurvey of Rice's addition to Freeport, in the county of
Stephenson, and he is hereby required to correct any er-
rors he may find, either in the survey or platting of the
same, as||originally made out and platted by Frederick D.
Bulkley, late county surveyor of Stephenson county; and
upon the completion of such examination or resurvey, the
said county surveyor shall make a correct plat of said
Rice's addition to Freeport, shall certify to the same, and
said plat shall be acknowledged by the original proprie-
tor of the lauds in all respects as is now required by law,

49 1855.

in laying out towns and acknowledging and certifying
town plats; and when the said plat shall be so certified and
acknowledged, the same shall be admitted to record in
said county of Stephenson, and shall take the place of and
shall be considered and taken as the original plat of Rice's
addition to Freeport, and shall be evidence in ail the
courts of this state of the facts therein stated : Provided^ proTteo.
that the interests of the owners of lots in said Rice's ad-
dition to Freeport shall in no wise be prejudiced by
such corrections, examination or survey.

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

Approved Feb. 14, 1855.

AN ACT to enable the eitiz?ns of the tovrn of Silem, in the county ol in force Feb. U,
Marion, to become incorpcrated under the general law providing for '^'•

ilie incorporaliou of towns, approved March 3, lb45.

Section 1. Be it enacted by the people of the state of
Illinois^ represented in the General Assembly, That the
citizens of the town of Salem, in the county of Marion, Autnoriscd tote-
be and they are hereby authorised to become incorpora- come mcorpora-
ted under and by virtue of the provisions of division 1
of the act entitled " Corporations," approved March 3d,
1845, without reference to and regardless of any action
of said citizens of Salem heretofore, under said general
law for the incorporation of towns.

§ 2. Be it further enacted. That the president and E^*«n<i t..iporat»
trustees of said town of Salem, when elected and quali- ""*'**'
fied as required by said general law, shall have power to
extend the corporate limits of said town to any distance
from the public square, not exceeding one mile.

§ 3. The president and trustees of said town of Salem ^*'^ 'V>*Mtfm.
sliall have power to lay off into road districts all the territo-
ry within one mile of the public square of said town, and to
appoint a supervisor of roads and streets for each district
so laid off, whose duties shall be the same as now required
by law of supervisors ap|)ointed by the county courts. And
said president and trustees shall, also, at the same time of
appointing said supervisors, apportion the inhabitants of
said town, subject to road labor, among the several road
districts, and shall cause notice, in writing, to be given to
each supervisor so appointed, together with a list of those
subject to road labor in said district; upon which said pres-
ident and trustees shall cease to be liable to any prosecu-
tion, by indictment or otherwise, for any defects in the
public roads or streets, or any neglect to keep the same
in repair; and such supervisor, so aupointed as aforesaid,
18

1856. 60

shall in all things exercise the same powers, perform the
same duties, and be subject to the same liabilities that su-
pervisors a))pointed by the county courts now are.
ii»«« «!K« penal- § 4- All fines and penalties which may be recovered
*^' under or by virtue of the foregoing section, whether re-

covered by prosecution, by indictment, or otherwise, shall
be paid into the treasury of said corporation, as also all
fines and moneys receveid by said officers in their corpo-
rate capacity.

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

AprRovED Feb. 14, 1856.

itorce Feb. 15 ^^ ACT to incorportte fha town of Collinirille.

1866.

Section 1. Be it enacted hy the people of the state q^
I//inais, represented in the General Assembly^ That the
B«<iy corporate inhabilauts and residents of the town of Collinsville, in
•■« politic. ^j^g county of Madison, are hereby constituted and de-
clared a body corporate and politic, by the name and style
of the " President and Trustees of the Town of Collins-
ville," and by that name the said body corporate sliall
have all the rights, powers and privileges granted to the
town of Cariinville, in the act entitled "An act to incor-
porate the town of Cariinville," approved February
ninth, A. D. 185-i, and an act amendatory thereto, passed
at the present session of the general assembly; and the
said "Act to incorporate the town of Cariinville," ex-
cepting sections two and twenty-three, and such other
parts as are inconsistent with the subsequent portions of
this act, are hereby enacted for the organization and gov-
ernment of the town of Collinsville — the name " Collins-
ville" being for that purpose inserted in place of " Car-
iinville," and the name " Madison," in place of " Macou-
pin," throughout the said act.

§ 2. The bouniaries of the said town of Collinsville
shall be as follows : Taking the northwest corner of block
number five, in Collinsville for a centre, and running
thence half a mile north, to a i)oint in the boundary line;
from that point the boundary line shall run east half a
mile; thence south one mile; thence west one mile; thence
north one mile; thence east one half mile to the point first
made in the boundary line, north of the centre; the
aforesaid boundaries, including one square mile. And
whenever any tract of land adjoining said town is laid off

51 185f>.

into town lots, and recorded, such tract shall be attached
to and form part of said town.

§ 3. Whereas the citizens of CollinsviHe did organise Former acts «)«-
themselves, and have for some time acted as an incorpo- ^""«''' '"»''''•
rated town, under the general laws of tiis state, and it
has lately appeared that the proper record of sucli organ-
ization as requirea by law was never made in the county
clerk's office of Madison county, wliich was supposed by
the trustees to have been done, it is hereby enacted that
the records of said board of trustees siiall be deemed suf-
ficieni evidence of the facts therein recorded, and all the
acts of said board and of their officers shall be held legal
in the same manner as if the record had been made of
the fact of incorporation; and the last elected trustees of
the town of Collinsville, or those by appointment tilling
vacancies in said elected board of trustees, sliall act as
trustees of the town for all purposes of election and or-
ganization, under the provisions of this act.

§ 4. All alterations of the town plat made by the Ait.;ratioii i^ t,^
president and trustees, under the provisions of this act, tjid^l^aT^
shall be with the consent of the majority of the owners
of lots or lands bordering such streets, or most directly
accessible through the same, and all such alterations shall
be acknowledged by the president and secretary of the
board, and the owners above mentioned, as original plats
are required to be acknowledged, and shall be recorded
in the office of the county recorder, and also noted on the
original record of the plat so altered in said office.

§ 5. The president and trustees of said town shall school dt»e««wf.
provide for the election of three directors of schools,
who shall have full jurisdiction and control of common
schools in said town, and who shall provide for the erec-
tion of school houses and the furnishing thereof, the em-
ployment of teachers, and the payment of the same. But
all taxes for school purposes shall be voted by a town
meeting called for tiiat purpose by the directors of schools,
in such manner as may be directed by the trustees by or-
dinance : Provided^ nevertheless, that if no tax be voted provtso.
for such school purposes within three months from the
first election of officers under this act, then the special
school privileges conferred upon said town by this act,
shall cease and remain inoperative until the assessment of
such tax; and the town shall, meanwhile, be and remain
under the general laws of the state on the subject of
schools.

§ 6. The first election of the town officers provided Election m>j t>«
for in this act shall be held on the first Monday in the ^^^'
month of April, A. D. 1855, and the subsequent elections
shall be held on the first Monday in April in each year

1855. 52

thereafter, as provided in the eighth section of the " Act
to incorporate Uie town of Carlinville."

§ 7. This is declared to be a public act, to take effect
from and after its passage.

Approved Feb. 15, 1855.

Jui^urcet'eb. (Ml, AH ACT to legalise tlie incorporation ol the city oJ Bloosiington, Jnd
^^^' the official acta and proceedings of the city council of said city, and to

appropriate fine*, forfeitures and penalties incurred within the limita
cf said city, aud for other purposes.

Section 1. Be it enacted by the people of the state of
Illinois.) represented in the General Jissembly^ That the

Aeu ieg«jiB«j. incorporation of the town of Bloomington, in McLean
county, as a city, on the nineteenth day of February,
A. D. one thousand eight hundred and fifty, in pursuance
of the fifth section of an act entitled "An act to incor-
porate towns and cities," passed February tenth, one
thousand eight hundred and forty-nine, be and the same
is hereby legalised, and the existence and incorporation
of said city of Bloomington shall be taken and consid-
ered to be valid in all the courts of this state without
proof thereof.

cfficiaj arts ue- § 2. That all the official acts, proceedings, ordinances

rtaredvaiid. ^^^-^ resolutious of the city council of said city, since the
election of its members, either before or after the passage
of tliis act, and wliich are not repugnant to the constitu-
tion of the United States, or the constitution and laws of
this state, shall be taken and held to be valid, legal and
binding upon all persons whatsoever.

Tirwar to mate § 3. The city council of the said city shall have pow-

niles and regu- j ..i •. x i i j l * •

jationa. cr and autlionty to make rules and regulations governing

the proceedings before and processes irom the police
magistrate of said city, for violations of any of the ordi-
nances of said city; and in lieu of the appeals now allow-
ed by law, from the decisions of said police magistrate,
to provide by ordinance for the removal of causes tried
before the police magistrate, by appeal to the circuit court
of McLean county, to be tried in that court upon a bill of
exceptions containing the proceedings and evidence be-
fore the police magistrate, certified to under the hand and
seal oi said police magistrate.
aocuritf forcorts § 4. In suits instituted by the city of Bloomington,

«u«nr'""^' for violations of the ordinances of said city, security for
costs shall in no case be required to be given.

53 ISao.

§ 5. That all fines and forfeitures for penalties incur- Pines andfcrff it-
red within the limits of said city of Bloomington since the
(19th) nineteenth of June, (1852) eighteen hundred and
fifty-two, shall be paid into the treasury of said city by
the officers collectinc? the same.

§ 6. That so mucli of any act of the legislature here- Acts vn^aipd.
tofore passed as conflicts with the provisions of this act
be and the same is hereby repealed; and this act shall be
in force on and after its passage.

Approved Feb. 9, 1855.

AN ACT to amend an act entitled " An actio amend the charter of lh« In force Feb. 16,
city of Belleville," approved March 1st, 1854. *S«K

Section 1. Be it enacted hy the peopit of the state of
It/inois, represented in the General Jissemhly^ That here-
after, in all cases property cognizable before the police Mayor to appoi^
magistrate or said city, and the said magistrate shall be trate.
absent, or otherwise unable to attend to the same, the
mayor of said city shall have power to designate some
of the justices of the peace of said city to discharge the
office of said police magistrate in such cases, who, for the
time being, shall have and exercise all judicial power of
police magistrate for said city.

§ 2. The city council of said city shall have power Piiicha»egK,B»ita
to purchase suitable grounds in said city, for the erection
thereon of engine houses and market houses, and may is-
sue the bonds of said city therefor, in denominations not
exceeding one thousand dollars, which may have any rate
of interest not exceeding ten per cent., and redeemable
at any time within ten years from their date.

§ 3. The mayor and board of aldermen shall have Appoint ftt? em-
power to appoint the marshal, street inspector, city weigh-
er, market master, assessor, register and treasurer of said
city, and such other officers and agents of said city, as
may by ordinance be created.

§ 4. That all white male residents in said city twenty- votew.
one years of age, who shall have resided therein for six
montlis immediately preceding any election for city offi-
cers, shall [be] entitled to vote at such election.

§ 5. The city council sliall have power to levy and Levy and eou««i

. school fca»»

collect a school tax in said city, not exceeding one-fifth
per cent, per annum upon every hundred dollars' worth
of taxable property in said city, to be appropriated to
school purposes under the control of said city council.

1856

\Titciutnreand ^- "^''^ ^^^^ ^''^J couiicil may, at at any time hereafter,
Murphysboro submit to the legal voters of said city, at any general
election for city officers, or any special election to be or-
dered by the said city council for said ])urpose, whether
the said city shall subscribe fifty thousand dollars to the
capital stock of the Belleville and Murphysboro Railroad
or not; and if a majority of the votes cast at such elec-
tion shall be in favor of sucli subscription, the city coun-
cil may order and have issued fifty thousand dollars of
the said city bonds, in denominations of not less than one
thousand dollars each, to bear an annual interest of seven
per cent., payable semi- annually, at such place as the said
city council may designate, and redeemable in twenty
years from this date.

A.-.U rai*eaied. ^ 7. All and parts of ac ts heretofore passed inconsis-
tent with the provisions of this act, are hereby repealed.
Approved, Feb. 15th, 1855,

1&5.5.

AN ACT to incorporate Ihe town of Ewington, in Effingliam county.

fls4 politic.

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

ll/inois, represented in the General Jlssemhly^ That the

»«4/ <»rporate inhabitants and residents in the town of Ewington, in Ef-

iftlir.ir /» I 11111 \

fingham county, are hereby made a body corporate and
politic^ in law and in fact, by the name and style of ""The
President and Trustees of the Town of Ewington,-' *and
by that name and style shall have perpetual succession,
and a common seal, which they may alter at pleasure, and
in whom the government of the corporation shall be vest-
ed, and by whom its affairs shall be managed.

§ 2. The boundary of said corporation shall include
the original plat of said town, and the ' several additions
which have and may be hereafter made to said town of
Ewington, as the same is or may be recorde'd in the re-
corder's office, in the county of Effingham.

§ 3. That there shall, on the first Monday in the
month of April next, or within one year thereafter, be
elected five trustees, and on every first Monday of April
thereafter, who shall hold their offices for one year, and
until their successors are elected and qualified; and pub-
lic notice of the time and place of holding said election
shall be given by the president and trustees, by an adver-
tisement published in a newspaper in said town, or post-
ing it up in at least four of the most public places in said
town. No person siiall be a trustee of said town who

55 1855.

has not arrived at the a<j;e of twenty-one years, and who Qu»ufleatK»ii .
has not resided in said town six months next preceding his
election, and who is not at the time thereof, a bona fide
freeholder, and moreover, who has not paid a state or
county tax; and all white free male inhabitants over the
age of twenty-one 5 ears, who have resided in said town
three months next preceding an election, shall be entitled
to vote for trustees; and the said trustees shall, at their ^^^^^ ,„i,»^<
first meeting, proceed to elect one of their body president,
and shall have power to fill all vacancies in said board
which may be occasioned by death, resignation or other-
wise : Provided^ the vacancy shall not exceed three y^c,,, ^3 .
months. All vacancies which'shall occur for a longer pe-
riod, the board shall give ten days' notice, by posting up,
at least three advertisements in said town, for such va-
vancy to be filled, in the same manner as is piovided for in
the regular elections; and to appoint a clerk and an as-
sessor, a treasurer, a street supervisor and a town con- ^npojanc.r
stable, who shall give bond and security in such amount "<*"■
as the board of trustees may require; and said town con-
stable shall take an oath of office before some officer author-
ised to administer oaths by the laws of the state of Illi-
nois, that he will faithfully discharge the duties of said
office; and it shall be his duty to preserve the peace with-
in the limit? of said corporation, serve all processes, col-
lect all fines at tiie suit of the said corporation, and to do
such other matters and things pertaining to the office as
may be required of him by the ordinances and by- laws of
said corporation.

§ 4. That at the time of the election of the board oi^^f^ "' •*'•
trustees of said corporation there shall be elected by the
inl^.abitants of said corporation, one justice of the peace
v/ithin the limits of the same, who shall hold his office un-
lil the next general election for justices and constables,
when there siiall be elected a justice of the peace within
the limits of the same, who shall be commissioned and
qualified as other justices, whose jurisdiction shall be the
same as other justices of the peace of the state.

- & 5. The said corporation i? hereby made in law to Power to h*j«
take and to hold to themselves and their successors, any
lands, tenements, hereditaments, have power to sue and
be sued, to plead and answer, and be answered in any
court whatever.

§ 6. The trustees and their successors, or a majority Gcnsjai roff*-
of them shall have full power and authority to ordain and
establish such rules and regulations for their government
and direction, and for the transa -tion of business and
concerns of the corporation as they may deem expedient,
and ordain and establish and put in operation, by-laws,
ordinances and regulations as shall seem necessary for the

1855. 56

goverment of said corporation, and for the management,
control, disposition and application of its corporation and
property; and generally to do and execute all ano singular
such acts, matters and things which to them may seem
necessary to do, and not contrary to the laws and consti-
tution of this state.
Levy ftiij ujiect § 7. The said trustees shall have power to levy and
collect a tax, not exceeding one half of one per cent, on
all real and personal property within the corporate limits
of said town, according to valuation; to tax public shows
Tuit 8bo«8 and and houses of public amusement, taverns and stores, for
•uiusemenr ° the purposfc of making and improving the streets, and
keeping them in repair, and for the purpose of erecting
such buildings and other works of public utility as the
interest and convenience of ihe inhabitant? of said town
may require, and the circumstances render pro})er and
expedient; said trustees may adopt such modes and means
for the assessment and collection of such taxes, and the
' rents, issues and profits thereof which may be necessary

Breeti»nofsioiKK)i foT the crcction of any public school houses in said town,
^.'ii«es. '""'^^'^ market houses, or the public buildings, to promote tlie in-
terest and public good of the citizens of said town, and
«T«.ie, pave, ami the Same to grant, sell and dispose of if necessary. They
toprove strec <;, gj^gjj j^^vc powcr to regulate, to grade, pave and improve
the streets, lanes and alleys within the limits of said town
and corporation, and to extend or open and widen the
same, making the persons injured thereby adequate com-
pensation, to ascertain which, the board shall cause to be
summoned six good and careful men, freeholders and in-
habitants of said town, not directly interested, who, first
being duly sworn for that purpose, shall inquire into and
take into consideration as well the benefits as the injury
which may accrue, and estimate and assess the damages
which would be sustained by reason of the opening, extend-
ing or widening of any street, avenue, lane or alley, and
shall, moreover, estimate the amount which other persons
will be benefitted thereby, and sliall contribute towards
the person injured, all ot which shall be returned to the
board of trustees under their hands and seals, and they
who shall be benefitted and so assessed, shall pay the same
in such manner as shall be provided, and the residue, if
any, shall be paid out of the town treasury; and said cor-
poration shall, as they may from time to time, fix upon and
determine, and to prescribe the manner of selling proper-
ty when the tax levied on it is not paid : Provided, no
sale of real or personal property shall be made until pub-
lic notice of tlie time, place and terms of sale shall be giv-
en by advertisement in the newspaper published in said
town, or posted up in lour of the most public places in
writing in said town, at least fifteen days previous thereto:

57 185b.

Provided, that in conducting such sale the provisions of Provided furtner.
the laws concerning public revenue, so far as the same
may be applicable, shall be complied with.

§ 8. That the trustees of said town, or a majority of ^breac\48 ot Ibl
them, shall have power to preserve good order and harmo- »«'^'=«-
ny in said town; to punish for open indecency, breaches of
the peace, gambling, gaming house, horse racing, shoot-
ing, and all disorderly houses and riotous meetings, to re-
move obstructions in the streets and public ways, and all
nuisances; for which purpose they may make such by-laws
and ordinances as they may deem expedient and not in-
consistent with any public law of this state, and impose
fines for the breaches thereof, which fines shall be recov-
ered before the justice of the peace of said corporation;
all suits and judicial proceedings under this act shall be
brought in the name and style of the president and trus-
tees of the town of Ewington.

§ 9. It shall be the duty of the justice of the peace of ^^^J^!^"
said town and he is hereby authorised and empowered,
upon complaint of any person, on oath, or upon his own
knowledge of the violation of any by-law or ordinance of
said corporation, to issue his warrant, directed to the town
constable, or any other authorised ofiicer of said county,
to a])prehend the offender or offenders, and bring him, her
or them before him forthwith; and after hearing the evi-
dence, if it shall appear that the said accused has been
guilty of the violation of any such by-law or ordinance of
said corporation, to impose such fine or imprisonment as
shall be pointed out in such bj-laws and ordinances of said
corporation : Provided, such fine shall not be less than ptotKio.
one nor more tlian thirty dollars, and imprisonment not
less than one nor more than forty-eight hours : Provided^
however, that writs of certiorari and appeals shall be
granted from judgments under this act as in other civil
cases; and in all criminal cases the defendant sliall be en-
titled to an appeal to the circuit court of said county, by
entering into bond or recognizance, as the case may re-
quire, before the justice of the peace, within twenty days
after the rendition of the judgment, with such security in /
such amount as the justice shall think right and proper;
and all fines imposed for a breach of the peace or any vl- ,
olation of any oi;dinance of the corporation, shall be col-
lected and paid into the treasury of the corporation.

§ 10. That when real estate be sold for the taxes by Taxei •> mhj
virtue of this act, the same may be redeemed at anytime
within two years from the date of such sale, by the owner
of such property or his or her agents, executors or ad-
ministrator paying to the treasurer or purchaser the
amount of the tax and costs, with ten per cent, interest
per annum accruing thereon.

1866.

SpiKinl lax.

OtdlB&noea to be
fabUsbad.

•p«<il«lia««t1ng£i

▼oUtok« Uten.

§ 11. That upon the application of the owners of a
majority of the front lots on any street, it shall be lawful
for the board of trustees to levy and collect a special tax
on the owner of the lots on said street, according to their
respective fronts, not exceeding one per cent., for the
purpose of grading and paving the side-walks on said
street.

§ 12. That all ordinmces and by-laws of said trus-
tees shall be fairly written and signed by the clerk, »nd
published in a newsnaper published in said town, or
posted up at four of the most public places in said town,
and no by-law or ordiuat'ce shall be in force until pub-
lished as aforesaid, at least ten days before it takef
effect.

§ l.S. The ju'stioe of tie peace and constable who are
required to render servics under this act, shall be entitled
to the same fees and compensations, s^nd collect them in
the same manner as is now provided or may hereafter be
provided by laws for collection of fees.

§ 14. Tliat the president or any two of the trustees
shall have power to call a meeting of the board by giving
one day's notice thereof in writing, and a majority shall
constitute a quorum to do business, but d minority shall
have power to adjourn, from time to time, to compel the
attendance of absent members; and in the event that the
notice of an election is not given as required by this act, or
for any other cause that an annual election shall not be
holden at the proper time, it shall be lawful for the late
clerk of the board or any two qualified voters of said
town, or at any time thereafter to give notice as aforesaid
of the time and place of holding a special election, and
the trustees elected at such special election shall have all
the powers conferred by this act.

§ 16. The qualified voters within the limits of said
town shall vote on the first Monday in the month of March
next, or within twelve months thereafter, for or again>t
becoming incorporated under this act. If a majority of all
the votes cast at said election are in favor of being incor-
porated, then this act to be in force; otherwise to be null
and void.

Approved Feb. 14, 1855.

59 1866.

AN ACT am«n(ltlory of and sujiplenaental to an act entitled "an act In force Ja». )T,
to incorporate the city of Quincy," approved Fab. 3d, 1840. '^^'

Section 1. Be it enacted hy the people of the state of
Illinois, represented in the General JJssemhly, That the
corporate limits and jurisdiction of the city of Quincy shall ^"^^^^ "■'
be and the same are hereby so extended as to include
within the same all that tract of country silnated in the
county of Adams, in the state of Illinois, embraced within
the following boundaries, to wit : Beginning in the middle
of the main channel of the Mississippi river, at a point due
west from the northwest corner of section thirty-five, in
township one south of the base line, of range nine west
of the fourth principal meridian, running thence east to
said northwest corner of said section thirty- five; thence
east on the north line of said section thirty-fi^^e, and the
north line of section thirty-six, in the aforesaid township
and range, to the northeast corner of said section thirty-
aix; thence south on the east line of said section thirty-
six and the east line of sections one and twelve, in township
two south of the base line, in range nine west of the afore-
said fourth principal meridian, to the southeast corner of the
north half of said section twelve; thence west along the
south line of the said north half of said section twelve
and the south line of the north half of section eleven, in
the last aforesaid township and range, to the southwest
corner of said north half of said section eleven; thence
west to the middle of the main channel of the Mississippi
river; thence up said river along the middle of the main
channel thereof, to the place of beginning.

§ 2. The city council of the said city of Quincy ^^^.J^'^
shall have power and authority to lay out, establish, open,
enclose, improve, and keep in repair public squares or
grounds; to lay out, open, alter, abolish, widen, extend,
establish, grade, pave, improve and keep in repair streets,
lanes, avenues and alleys, and to lay out, open, establish,
enlarge, extend, alter, change, abolish, improve, regulate
and keep in repair public landings wherever they may
deem proper within the limits of said city : Provided, the '*»'*^
rights, privileges, powers and jurisdictions now conferred
upon the city of Quincy by the existing charter in rela-
tion to ferries across the Mississippi river, shall not by
virtue of the original charter or the provisions of this act
extend to any of the lands embraced in the extension of
the limits of said city herein provided for.

§ 3. The said council shall also have power and autho- ?«••»••
rity to ] urchase all or any lands which may be required for
any of the purposes in the last preceding section of this
act mentioned, if able to agree with the owner or owners
thereof, and to take and appropriate the lands thus pur-

1856. ' 60

chased and any other suitable lands belonging to said city,
which may not at the time of such appropriation be ap-
propriated by said city to some otlier public use, for any of
the purposes aforesaid, for which land may be required;
and the said council shall also have the power and author-
ity to take and appropriate for any of the purposes
aforesaid, for which lands may be required, all lands thus
required not having been purchased as aforesaid, nor be-
longing to said city, in the manner hereinafter specified.

«. b» <M«Taye(i. ^.11 lauds SO purchased, as hereinbefore provided, shall be
conveyed to said city, by deed or deeds, good and suffi-
cient for that purpose, and all of the estate, right, title and
interest of each of the vendors of such lands shall, from
the time the same shall be conveyed as aforesaid, vest in
said city absolutely.

Hat to be made § 4 Whenever the said council shall have determined

»nd filed in office J iii i/» ii fiiU-

•f oityoierk. by an order duly entered of record to do any or the tnmgs
in the second section of this act mentioned, for which land
may be required, and what land they will take and appro-
priate for such purpose or purposes, tliey shall cause a
plat or map of such land to be made by some competent
surveyor, and filed in the office of the clerk of said city;
and when any person or persons other than said city shall
have any interest in said land, the city council of said city,
without any unreasonable delay after the making of such
order, shall, by an instrument of writing executed by the
clerk of said city, attested by the corporate seal thereof,
designating the land to be appropriated, and the purpose or
Appoint Ave free- purposcs for which the Same is to be appropriated, appoint
******** five disinterested freeholders, residents of said city, as com-

missioners to assess the compensation to be paid by said city
to each and every person having an interest in said land for
his or her intejest inthe same, and fix upon some time and
place, which shall be not less than twenty nor more than thirty
days from the time of such appointment, and witliin said city,
when and wliere such commissioners shall meet for the pur-
pose of entering' upon the performance of their duties, having
first given notice to all persons interested that he would
appoint such commissioners, and of the time and place,
which shall be within said city, when and where such ap-
pointment will be made, and of the land to be appropriated,
and the purpose or purposes for which the same is to be
appropriated, by an advertisement, published in ten suc-
cessive numbers of some daily newspaper published in
said city, the first publication whereof shall be at least
fifteen days previous to the time fixed upon for such ap-
j)ointment. Immediately upon commissioners being ap-
pointed by said mayor, he shall file the instrument of their
appointment in the office of the clerk of said city. All
persons interested in the land to be appropriated may ap-

61 1855.

pear before said mayor at the time and place fixed upon
for the appointment of coinmissioners, ar.'d be heard rela-
tive to their appointment. Said mayor shall give notice to
the commissioners appointed by him of the time and place
fixed upon by him for them to meet as aforesaid at least
ten days previous to the time so fixed upon.

§ 5. Upon any instrument of the appointment of com- Notice to b« iit-
missioners, as heicinbefore provided, being filed in his ^" y«'"k.
office, the clerk of said city shall give notice to all
persons interested, of the appointment of the commission-
ers therein mentioned, the purpose for which they are ap-
pointed, the land to be appopriated, and the purpose or
purposes for which the same it to be appropriated, and of
the time and place in such instrument fixed upon for the
commissioners to meet for the purpose of entering upon
the duties of their appointment, to be published in ten suc-
cessive numbers of some daily newspaper published in said
city, the first publication whereof shall be at least fifteen
days previous to the time fixed upon for said commission-
ers to meet; and before the time for such meeting said
clerk shall deliver to said commissioners, or some one of
them, a transcript of said instrument, duly certified by him
to be such under the seal of said city.

§ ti. Commi sioners appointed as hereinbefore pro- oommtwtonw t*
vided shall, before entering upon the duties of their ap- ^'e sworn.
pointment, be sworn before some person authorised to ad-
minister oathf, that they will fairly and impartially per-
form the duties required of them as commissioners, accord-
ing to the best of their judgment, understanding and
ability; and they shall meet at the time and place in the
instrument of their appointment mentioned for that pur-
pose, and proceed without any unnecessary delay in the
performance of their duties until the same shall be com-
pleted.

§ 7. Said commissioners shall inquire into and to the Damages t» u>
best of their ability ascertain the damages each person ^^^^^** '
having an mterest in the land to be appropriated will sus-
tain, and the benefits he or she will derive from or on ac-
count of the appropriation and use determined upon or
contemplated by said council being made, regarding in
each case the land or lands required as being worth what
would be the cash value of the same, if no such appro-
priation and use had been contemplated and no more, and
disregarding all benefits any person may derive in com-
mon with others whose land or lands shall not be required;
and in each case where the damages to be ascertained
shall exceed the benefits to be ascertained, said commis-
sioners shall assess as the compensation to be" paid by said
city to the person interested for his or her interest in said
land the amount such damages shall exceed such benefits,

1866. 62

in each case where such damages shall be less than or on-
ly equal to such benefits, no compensation shall be assess-
ed by sai'I commissioners; and said commissioners shall
make a report in writin-^, under their hands, designating
the land to be approprif'te'^', and the purpose or purpose*
for which the same is to be appropriated, and the respec-
tive amounts which shall have been so assessed by them
as aforesaid, and the persons respectively entitled to the
same; which report they shall immediately on the same
being made, file in the office of the clerk of said city.
Said commissioners, in performing their duties, shall have
power to adjourn, from time to time, and they shall also
have power, and it shall be their duty to view and inspect
the land to be appropriated, to hear such suggestions, evi-
dence and arguments as may be ofiered by said mayor, or
any attorney or agent of said city, or any person interest-
ed in such land, and to swear or affi^-m all witnesses who
may be brought before them to testify, and to issue sum-
mons for and by compulsory process compel the attend-
ance of all witnesses who may be desired for such pur-
pose.
vmet (rf M»e3s- § 8. The clerk of said city, upon the report of com-
■lo^ to be missioners appointed under the provisions of this act being
filed in his office, shall give notice thereof, and of the time
of filing the same, the assessments therein mentioned, the
land to be appropriated and the purpose or purposes for
which the same is to be appropriated, by an advertisement,
to be published in ten successive numbers of some daily
newspaper published in said city, the first publication
whereof shall be within five days after the filing of said re-
port; and said clerk shall deliver a copy of all such re-
ports to any party or person demanding ihe same, as soon
as practicable after demand made.
Ap^Mi. § 9. An appeal may be taken to the circuit court of Ad-

ams county from any assessment of the commissioneri
either by said city or any person in whose favor such ast
sessment shall have been made or his or her legal repre-
sentatives; and an appeal may be taken to said court from
the report of the commissioners, by any person interested
in the land to be appropriated, at the time of such report be-
ing filed, in whose favor no assessment shall have been made,
or his or her legal representatives; but no appeal from the re-
port of the commissioners, or any asessment therein men-
tioned, shall be allowed unless the party entitled thereto
shall, within twenty days from the filing of the report of the
commissioners, cause a good and sufficient bond of some
resident of said county to be filed in the office of the clerk
of said court, payable, if the appeal be taken by said city,
to the people of the state of Illinois, for the use of the per- ,
son or persons entitled to the assessment appealed from,;

63 1855.

and in all other cases to said city; and all such appeal
bonds shall be in the penalty of five hundred dollars, and
conditioned, in substance, that the party appealing siiall
prosecute the appeal taken without delay, and pay all
costs which may be adjudged against such party upon dis-
missal or trial of such appeal.

6 10. In all appeals herein provided for, said city shall citj mnde ^^
be defendant, and the person or persons appealing, ii other api>eai».
tlian said city, piaintifi' or plaintiffs. When the appeal shall
be taken by said city, the person in whose favor the as-
•essraent appealed from is made shall be named as j)laintiff,
and so treated and regarded until the appeal is finally dis-

f»osed of, unless, during the pendency of such appeal, the
egal representatives of such person shall be made plain-
tiff or plaintiffs, as hereinafter provided. And whenever
the court shall be satisfied of the death of any plaintiff in
appeal, during the pendency of the appeal, and who the
Legal representatives of such plaintiff are, it shall, by an
order, to be entered of record, substitute such legal rep-
resentatives as plaintiff or plaintiffs in the place of such
plaintiff. Whenever the court shall be satisfied tlrat the
person named as plaintiff in any appeal taken by said city
died after the filing of the report of the commissioners and
before the filing of the appeal bond, and who the legal rep-
resentatives of such persons are, it shall, by an order, to be
entered of record, substitute such legal representatives as
plaintiff or plaintiffs in the place of such person.

§ 11. All appeals herein provided for shall be placed snits to be <•*,
on the law docket of said court the same as other cases in gite*.
law; and the clerk of said court shall, in each case of ap-
peal taken by said city, without any unnecessary de-
lay, after the filing of the transcript in the next section of
tliis act mentioned, give notice thereof, and of the parties
thereto, in what court the same is pending, and tlie land
to be appropriated, by an advertisement, to be published
once each week, for four weeks in succession, in some
weekly newspaper published in said city; and at the first
term of said court, after the expiration of forty days from
the first publication of such notice, the plaintiff in such
appeal shall, for all purposes, be treated and considered in
court. No notice of appeal taken to said court by any
other person or persons tlian said city shall be required to
be given; but said city, as well as the plaintiff or plaintiffs
in such appeal, shall be considered as in court, for all pur-
poses, at the first term thereof after the expiration of five
days from the time of filing the appeal bond.

g 12. Whenever an appeal shall be taken to said court, cierk to
either from the report of the commissioners or any assess-
ment therein mentioned, the clerk of said city shall file a
transcript of said order of said council, the instrument of

1865. 64

the appointment of the commissioners, and the report of the
commissioners, certified by him to be such, under ihe seal
of said city, in the office of the clerk of said court. When
five days shall intervene between the filing of tlie appeal
bond in any such appeal and the commencement of the
next term of said court thereafter, it shall be the duty of
the clerk of said city to so file such transcript on or before
the first day of the next term of said court; and in all other
cases it shall be his duty to so file such transcript on or
before the first day of the second term of said court which
may be held after the filing of such bond.

Appe«is to he § 13. Whenever the plaintiff or plaiutifis iu any appeal

bismiwen. hereinbefore provided for shall fail or neglect to prosecute
any such appeal taken by him, her or them, or the person
or persons he, she or they may represent in such appeal,
the same shall be dismissed, and judgment rendered by the
court against such plaintiff or plaintiffs for the cost of said
city expended in such appeal. And when said city shall
fail or neglect to prosecute any such appeal taken by it,
the same shall be dismissed, and judgment rendered by the
court against it for the costs of the plaintiff or plaintiffs in
such ,appeal.

To b« tiled br § 14. The trial of appeal to said court herein authori-
wifved by°tbe scd shall be by jury, as in ordinary cases, unless the par-
pwties ^-^g waive a jury and consent to be tried by the court, in

which case tlie trial shall be by the court. In case of tri-
als by jury the jury shall swear, or affirm, that they will
well and truly try the cause according to the law and the
evidence. Every such appeal siiall present for trial, as to
each and every plaintiff in the case, the question whether
he or she is entitled to any compensation, to be paid by
said city, for any interest in the laud to be appropriated,
and ii so, how much; and in determining this question the
court or jury, as the case may be, shall, so far as tlie same
are applicable, be governed by the rules hereinbefore pro-
vided for the government of commissioners in assessing

Twaict. compensation. When the case is tried by a jury, their

verdict may be returned orally or in writing, and in all ca-
ses the court shall cause ihe same to be reduced to pro-
per form, so as to express truly and fully the finding of
the jury. Verdicts of juries and findings of the couit in
cases under this act shall be truly and fully recorded.
4Ba«ment to be ^ 15. A judgment shall be rendered by the court upon
tendered. eveiy verdict of the jury or finding of the court in case*

under this act; that the interest of each and every plaintiff
in the cause in the land to be appropriated, vest in said
city, to be appropriated and used for the purpose or pur-
poses determined upon by said council, uponthe payment by
said city of the assessment or assessments in the verdict or
finding mentioned; and all such judgments shall be conclu-

65 1855.

sive as tj all plaintiffs upon the payment of the assessments
therein mentioned, in the manner hereinafter provided, costs.
The co-ts which arise or grow out of appeals tried, may
be appi rtioned, and judgment rendered therefor, as to the
court may seem just and proper.

§ 16. The proceedings in court under the provisions of ^■^o'^eGdingf-
this act, except as is otherwise herein provided, shall be
the same as in appeal from justice of the peace, so far as
applicable, and the court shall have power and authority
to make all rules and orders ^necessary and proper for a
full and fair trial of the question involved.

§ 17. Payments of compensation assessed under and ^as"'il'p"df' "" to
by virtue of the provisions of this act, whether by the whompayaMe.
commissioners or in court on appeal, may be made to par-
ties laboring under no disability, in whose favor the as-
sessments were made, to guardians of infants, iiusbands
or trustees oi femmes covert, and conservators of insane
persons; and a receipt for such payments shall operate as
a confirmation of the proaeedings, and shall stop the par-
ties in interest from all further claims or proceedings in
the premises. Payments to persons residing out of this
state, as well as to infants witliout guardians, and insane
persons without conservators, residing within the same-
may be made by depositing the money in the treasury of
Adams county; and the receipts of parties entitled to mo-
ney so deposited shall operate in like manner as for receipts
for money paid to parties as herein provided : Provided, Proviso,
tiiat if any person shall refuse to receive money when
tendered, payment may in such case be made by deposit-
ing the amount in said treasury; and all receipts for money
paid and certificates for money deposited as above provi-
ded shall be filed in the office of the clerk of said city.

5 18. Reports of commissioners shall be conclusive Reports uf com-
evidence that t.iey performed the duties required or them conciusire evi-
as to all persons having an interest in the land to be ap- '^'^^'^''■
propriated who do not appeal therefrom or from assess-
ments therein mentioned, as well as to all persons so ap-
pealing whose appeal shall be dismissed, and upon pay-
ment being made as - hereinbefore provided of tiie assess-
ments in such report mentioned not appealed from or ap- ,
pealed from where the appeal shall be dismissed, the inter-
est of all such persons in the land to be appropriated shall
vest in said city, to be appropriated and used for the pur-
pose or purposes determined upon by said council.

8 19. As soon as practicable after the publication of the ctriificate of

,•> . .' I 1 1 i7 • 3 • publication wlih

advertisements herein provided for, the clerk ot said city copy to be fiien.
shall procure from the publisher or publishers of the same
certificates of their due publication, with a copy of the
advertisement in each case attached, and file such as re-
late to advertisements caused to be published by the clerk
19

1855. 66

of said court, in the office of said clerk, and all others in
his own office; said clerk shall also, as soon as practicable
after the final disposition in court of appeals herein pro-
vided for, procure from the i;lerk of the court undtr the
Ifeal tliereof a duly certified transcript in each case of tl;e
appeal bond, and all orders and judgments of the court and
entries of record therein, and also of the certificates of
publication in cases where advertisements are required to
be publislied by the clerk of the court, and file the same
in his office as one of the papers relating to the appropri-
ation determined upon by said council; and said clerk shall
m^ke coui;)Iete records in a book to be kept in his office
for chat purpose, of all orders of said council, and papers
filed in his office as by this act required, relating to ap-
propriations of land by said council, a transcript whereof,
duly certified by said clerk, under the seal of said city,
shall be evidence in all courts and places where the origi-
nal orders and papers so to be recorded, could be used and
have the same effect.
Any three of the § 20. Any three of the five commissioners, at anytime

toa'cir'*'"" '^ appointed, may act and execute any or all of the duties
required.

Pees. § 21. Each commissioner shall be entitled to two dol-

lars a day for his services, to be paid by said city.
piat not admitted § 22. No plat or map of any addition to the said city

approved."" '^^^^ of Quiucy, Or of any subdivisions of any land within the
limits of the same, which may liereafter be made with the
intent of selling any part of such addition or subdivision,
shall be entitled to record or be lecorded in the office of
recorder of Adams county, until the same shall have been
approved by the city council of said city; and all such ad-
ditions and subdivisions as shall hereinafter be made with
the intent aforesaid, shall be null and void, unless a correct
plat or map of the same be approved by said city council
within sixty days from the time th^^ same shall have been
certified by the surveyor making the same.

Fines and for- § 23. That all fiues, penalties and forfeitures inflicted

feitures. ^y ^^. rccovercd before the police magistrates of said city

of Quincy, whether for violation of the city ordinances
or the laws of the state, shall be paid into the treasury of
said city; and it shall be the duty of said magistrates, and
all other officers, to account for and pay over all such
fines, penalties and forfeitures as may be collected by
them to the treasurer of ssl'uI city, on the first Mondays of
March, June, September and December of each and eve-
ry year hereafter.

city of Qiiincy ^ 24. Thc city of Quincy is hereby exempted from

"a'nacLT'''" each and all the provisions of the act entitled "An act to
amend the charter of the several towns and cities in this
state," approved March the 1st, 1854. And all provisions

67 1855.

of the act incorporating said city, and also of all other
laws in force at the time of the passage of the above re-
cited act, are hereby revived and shall be treated as in
full force as to said city. And hereafter no judgment
shall be required previous to the sale of any lands for
taxes, whether general or special, assessed by said city or
the proper authorities thereof: Provided, that notliing in Proviso.
this act contained shall be so construed as to allow the
authorities of said city to grant license to sell spiritous,
vinous or malt liquors, or to keep groceries, or to confer
any power in relation thereto, in anywise incompatible
with the general laws of tlie state on tl\at subject, now in
force, or hereafter to become the law of this state, any-
thing in tliis act to the contrary notwithstanding.

§ 25. Tlie city council shall have power, for the pur- street laboi.
pose of keep'ing the streets, lanes, avenues and alleys in
repair, to levy in each and every year a tax not exceeding
two dollars on each and every free white male inhabitant
in said city over the age of twenty-one years and under the
age of fifty years, excepting those who are now or may be
hereafter exempted by law from roid tax; said tax to be
collected in such manner as said city council may by or-
dinance provide.

§ 26. That the city of Quincy, in order the better to seii and convey
provide for and accommodate the increasing business of Northern crofs
the city, be and they are hereby authorised and empow- ^' ^' ,
ed to sell and convey to the northern Cross Railroad Com-
pany the premises or any part thereof, known as the pub-
lic landing in said city, and bounded on the east by Front
street, on the west by the Mississippi river, on the south
by the river fraction lot three (3,) block sixteen (16,) in
the original plat, and on the north by block one (1,) in
Pease's addition to tlie city, in consideration of, and in
exchange for, any other premises in said city, bounded on
the west by the Misisissippi river, and on the east by
Front street; and such conveyance shall vest in the said
company, their successors and assigns, a title in fee sim-
ple in the premises thereby conveyed : Provided, that
the ground held for public landings in the said city shall
not at any time hereafter have less front on Front street
and on the Mississippi river than the existing public land-
ings : */ind provided Jurther, that said city shall at all
times have full power to collect wharfage from any and all
boats or crafts of any kind landing at any point within the
limits of said city.

§ 27. That the premises which in pursuance of the to be retained as
toregoing last section may be conveyed to said city, shall * p^^uc landing
be retained and held by the said city for the purpose of a
public landing, in the same manner, and subject to the

1856. 68

same powers of jurisdiction and regulation by the city
council as pertains to the existing public landing.

Acts conferred. g 28. That tlic arrangements heretofore made between
the said city and railroad company, conferring upon sa'fi
company the right to use parts of certain streets, alleys
and public grounds for right of way and other purpotes
are hereby confirmed.

opeu or abolish § 29. That the city of Quincy and the Northern Cross

streets, lanes, J^aiJJ.Q^(J Company are hereby authorised and empowered,
on such terms and for such considerations as the said par-
ties may agree upon, to make and conclude any contracts
and agreements for the establishing, opening or abolishing
any part of any streets, avenues or alleys within the, ju-
risdiction of said city adjoining or dividing any property
which is or may be owned and used by the said company for
the purpose of their business at Quincy, and to lease or
convey the same to the said company in fee or to other-
wise secure to said company the occupation and enjoy-
ment thereof, exclusive or otherwise, in such manner and
for such use and purpose as may be agreed upon.

Five hundred ^ 30. The city couucil of the city of Quincy shall pay

paid to Union annually, for each and every year, for three years, to the
school district. ggi^Q^j dircctors of Union school district, in the county of
Adams, for the use and benefit of the inhabitants of said
Union school district, for school purposes, five hundred
dollars, with six per cent, interest thereon per annum; the
first payment thereof to be made on the first day of Sep-
tember, A. D., 1856, and the second payment on the first
day of September, A. D. 1856, and the third and last pay-
ment on the first day of September, A. D. 1857; and to
secure the payments of said amounts, respectively, the
city of Quincy shall issue their obligation or obligations to
the said school directors of said Union school district there-
for, and should they neglect or refuse to do so, in proper
form and manner, then and in that event nothing in this act
contained shall be so construed as to interfere in any way or
manner with the limits, jurisdiction, powers, rights and pri-
vileges of the said Union school district, as now established
by law; but the said limits, jurisdiction, powers, rights and
privileges shall be and remain as now enjoyed and pos-
sessed by the inhabitants of said school district, for all school
purposes, as fully, completely and entirelj^ as though this
act had never become a law; and the said city of Quincy
shall not levy, assess or collect any tax, for school purpo-
ses, on any real estate now comprising any part of said
Union school district, or have, exercise, possess or enjoy
any rights, powers or jurisdiction over said lands, or any
part thereof, for school purposes; but the same shall be
valued and assessed for school purposes, and the tax there-

69 1855.

on collected and paid over in the manner now provided by
law, and as though this act had never been passed.

§ 31. All the rights and privileges heretofore acquired ^^f,egesTe'tained
by the inhabitants of said Union school district by reason by union schoci

*f • uistricts

or virtue of any tax levied on the real estate now compri-
sed within the limits of said school district shall and tliey
are hereby retained, and are to be possessed as ful-
ly and completely by them, their agents and officers as
they are now enjoyed, and as though this act had never
become a law; and if any such tax has not been paid, they
or their properly constituted authority shall have the pow-
er to sue for and collect said tax, if the same is not paid
to the county treasurer of Adams county, by action of debt
or assumpsit.

§ 32. The ( ity council of said city shall have power ordinances.
and authority to make all orders and ordinances, not in-
consistent with the constitution of the United States or of
this state, which shall be necessary and proper for carry-
ing into execution and effect the powers specified in this
act, and the provisions thereof.

§ 33. This act shf^ll be a public law, snd shall be in
force from and after its passage.

Approved Jan. 17, 1855.

AN ACT to incorporate the town of Palestine, Crawford coiintj-. in force Feb. 15,

' 1355.

Section 1. Be it enacted by the people of the state of
J/li7iois, represerited in the General Assembly, That the
inhabitants and residents in the town of Palestine, Craw-
ford county, are hereby made a body corporate and noli- Body corporate

11 1 1 r Til and politic.

tic, in law and in fact, by the name and style oi "Ihe
President and Board of Trustees of the Town of Palestine,"
and by that name shall have perpetual succession, and a
commoii seal, which they may alter at pleasure, and in
whom the government of tlie corporation shall be vested,
and by whom its affairs shall be managed.

§ 2. The boundary of said corporation shall be three- Eoundarios.
fourths of a mile square, to commence at the centre ot sec.
34, T. 7 N., R. 11 W.; running thence east with the centre
line of said section, three-fourths of a mile; thence south
three- fourths of a mile; thence west three-fourths of a mile;
thence north three-fourths of a mile, to the place of begin-
ning.

§ 3. That there shall, on the first Monday of June next, Eiaction ci tms-
be elected five trustees, and on every first Monday of June
thereafter, who shall hold their offices for one year, and
until their successors shall be duly elected and qualified ;

1855.

,iu;-.lificat*on
trustees.

liotic

and public notice of the time and place of holding said
election shall be given by the president and trustee?, by
an advertisement, published by a newspaper in said town,
or by posting it up in at least four of the most public pla-
of ces in said town. No person shall be a trustee of said town
who has not arrived at the age of twenty-one years, and
who has not resided in said town six months next prece-
ding Ids election, and who is, at the time thereof, a bona
fide freeholder, and moreover, who has not paid a state or
county tax; and all white free male inliabitants, over twen-
ty-one j'ears of age, who iiave resided in said town three
months next preceding an election, shall be entitled to vote
for trustees; and the said trustees shall, at their first meet-
ing, proceed to elect one of their body president, and shall
have power to fill all vacancies in said board whicli may
be occasioned by death or resignation, provided the va-
cancy shall not exceed three months. All vacancies which
shall occur for a longer time the board shall give ten
days notice, by posting up at least three advertisements in
said town, for such vacancy to be filled in tlie same man-
ner as provided for in regular elections; and to appoint a
Appoint town of- clerk and assessor, a treasurer, a street supervisor and a
''°^"' town constable, to give bond and security in such amount

as the trustees may require; and the said town constable
shall take an oath of office before some justice of the peace
tiiat he will faithfully discharge the duties of said office. It
shall be his duty to collect all fines and serve all process-
es, at the suit of the corporation, and to do such other
matters and things pertaining to the office as may be re-
quired of him by the ordinances and by-laws of said cor-
poration.

§ 4. The said corporation is hereby made capable, in
law, to take and hold, to themselves and their successors,
any lands, tenements, hereditaments; have power to sue
and be sued, to plead and answer and be answered in any
court whatever.

§ 5. The trustees aforesaid and their successors, or a
majority of them, shall have full j)ower and authority to
ordain and establish such rules and regulations for their
government and direction, and for the transaction of the
business and concerns of the corporation as they may deem
expedient, and to ordain and establish and put in execu-
tion such by-laws, ordinances and regulations as shall be
necessary for the government of said corporation, and for
the management, control, disposition and application of its
corporate property, and generally to do and execute all
and singular such acts, matters and any things which, to
them, may seem necessary to do, and not contrary to the
laws and constitution of this state.

AoM rual estate.

(iwioyal powers.

71 1855.

§ 6. The said trustees shall have power to levy and Levy ana coiuet
collect a tax, not exceeding one- half of one per cent., on
all lots and improvements and personal property lying and
being within the corporate limits of said town, according
to valuation; to tax public shows and houses of public en-
tertainment, taverns, stores and groceries, for tlie purpose
of making and improving the streets, and keeping them in
repair, ar d for the purpose of erecting such buildings and
other works of public utility as the interest and con\^eni-
ence of the inhabitants of said town may require, and the
circumstances render proper and expedient; and said trus-
tees may adopt such modes and means lor the assessment
and collection of such taxes, and the rents, issues and pro-
fits thereof whicii may be necessary lor the erection of any
public school house in said town, market house or other
public buildings, to promote the interest and public good
of the citizens of said town, and the same to sell, grant
and dispose of, if necessary. They sliall also have power
to regulate, to grade, pave and improve the streets, lanes
and alleys within the limits of said town and corporation,
and to extend or open and widen the same, making the
person-: injured thereby adequate compensation; to ascer-
tain wiiich the board shail cau?e to be summoned six good
and careful men, freeiiolders, and iniiabitants of said I town,] Damages to

y L -' J assessed.

not directly interested, who, being first duly sworn for that
purpose, shail inquire into, and take into consideration as
well as the benefits as the injury which may accrue, and
estimate and assess the damages which would be sustain-
ed by reason of the opening, extending or widening of any
street, avenue, lane or alley; and shall, moreover, estimate
the amount which other persons will be benefitted thereby,
and shall contribute towards the persons injured; all of
which shall be returned to the board of trustees, under
their hands and seals, and they who shall be benefitted and
so assessed shall pay the same in such manner as shall be
provided; and the residue, if any, shall be paid out of the
town treasury; and said corporation shall, as tliey may from
time fix upon and determine and to prescribe the man-
ner of selling property, when the tax levied upon it is
not paid : Provided, no sale of town lots or other real
estate shall be made until public notice of the time and ^ou
place shall be given, by advertisement, in the newspapers,
or at four of the most public places in said town, at least
fiftch-'u days previous thereto, provided that in conducting
such sale the provisions of the act concerning public rev-
enue, so far as the same may be applicable, shall be com-
plied with.

VCD .

§ 7. That the trustees of said town, or a majority of ^j^"^*^^^"

Punibb for viola-
ordi-

them, shall have power to preserve good order and har- uances. ^_j
mony in said town, to punish for open indecency, breaches

1855. 72

of the peace, gambling, gaming houses, horse racing, shoot-
ing and all disorderly houses and riotous meetint:s; to re-
move oostructions in tlic streets and public w ys, and
all nuisances; for which purpose they may make such by-
laws and ordinances as to them may seem expedient, and
not inconsistent with any public law of ttiis state, and im-
pose fines for the breach thereof; which fines sh; 11 be re-
coveiable before any justice of the peace residing in said
town. All suits and judicial proceedings undei this act
shall be brought in the manner and style of "The j)resident
and trustees of the town of Palestine."

j)uty ot Justices ^ 8. It shall be the duty of any justice of the J eace rc-
i epeace. gj^jjjjg [jr^ g^id town, and he is hereby authorised and em-
powered, upon the violation of any laws or ordnances of
said corporation, to issue his warran , directed to he town
constable, or any authorised county officer, to ai prehend
the offender or offenders, and bring them or him, 1 rthwith,
before him, and after hearing the evidence, if it shail appear
that the said accused has been guilty of a violatica of such

Fiii^ aivi impris- laws or Ordinances of the corporation, to impose such fine

°r'"en . ^^ imprisonment as shail be pointed out in suc'i laws or

ordinances : Provided, sucli fine shall not exceed five dol-
lars and im{)risonment not exceeding twenty-foui hours :
Provided, however, that the writs of certiorari anu appeals
shall be granted from judgments under this act, a in other
civil cases; and all criminal cases the defendant shall be

Appeals. entitled to an appeal to the county or circuit court, by en-

tering into bond or recognisance, as the case ma\ require,
before the justice of the peace, within twent} days after
the rendition of the judgment, with such security, and in
such amount as the justice shall think right and proper;
and all fines imposed for a breach of the peace or violation
of the corporation ordinances shail be paid into the treas-
ury of said corporation.

Lots sold for tax- § 9, Thai when any town lots or real estate shall be

es may be re- J 1 • i 1

deemed. sold for taxes by virtue of this act, the same may be re-

deemed at any time within two years from the dat^' of such
sale, by the owner of stid proper [property,] or his or her
agent, executor or administrator paying to the treasurer of
said town, for the use of the purchaser, at the rate of
ten per cent, per annum, together with the costs accruing
thereon.

Special tax. ^ ]^()_ Th 't upou the application of the owners of a ma-

jority of the front lots on any street, it shall be lawful for
the board of trustees to levy and collect a special tax on
the owners of the lots on said streets, or parts of a street,
according to th<eir respective fronts, not to exceed one per
cent., for the purpose of grading and paving tlie said side-
walks on said street.

73 1855.

§ 11. That all ordinances of said trustees shall be fair- o^^i'Jf^jj'^/l/" ^^
ly written out, signed by the clerk and published in a news-
paper printed in the town, or posted up at three of the
most public places in said town; and no ordinance shall be
in force until published, as aforesaid, at least ten days.

5 12. The iustices of the peace and constables who are Justices of the

*., •' 1 , 'i 1. iiiii i'ii J ppnfe and con-

required to render services under this act shall be entitled stawes.
to the same fees, and collect them in the same manner as
now is or may hereafter be provided by law.

§ 13. That the president or any two of the trustees sp.ciai meetingb
shall have power to call a meeting of the board, by giving
one day's notice thereof, and a majority shall constitute a Quorum.
quorum to do business, but a majority [minority] shall have
power to adjourn from time to time,.to compel the attendance
O; absent members; and, in the event that the notice of an
election is not given, as required by this act, or from any
other cause that an annual election shall not be holden at
the proper time, it shall be lawful for the late clerkof the
board, or any two qualified voters in said town, at any
time thereafter, to give notice, as aforesaid, of the time ^p"'*'^'^^*'"'^*
and place of holding a special election ; and the trus-
tees elected at such special election shall have all the pow-
ers conferred by this act.

§ 14. To appropriate money and provide for the pay- Appropnaticne-
ment of the debts and expenses of the town.

§ 15. To make regulations to prevent the introduction ^p;,''^^?.'"^^ '^'^'
of contagious diseases into the town; to make quarantine
laws for that purpose, and enforce the same withm the cor-
poration.

§ 16. To make regulations to secure the general health General health.
of the inhabitants, and to declare what shall be a nuisance,
and to prevent and remove the same.

§ 17. To provide the town with water, to erect hy- ^^^j^i'^^l^e'r!'''"'
drants and pumps in the streets for the convenience of the
inhabitants.

§ 18. To open, alter, abolish, widen, extend, establish, openstreets.
grade, pave, or otherwise improve and keep in repair streets,
avenues, lanes and alleys.

§ 19. To erect market houses, to establish markets and J^a-'tet houses.
market places, and provide for the government and regu-
lation thereof.

§ 20. To provide for the erection of all needful build- ruwic bindings.
ings for the use of the town.

§ 21. To provide for inclosing, improving and reg- P"''"^ s""°<''''
ulating all public grounds belonging to the city.

§ 22. To license, tax and regulate auctioneers, mer- Auctionecre, &c.
chants, retailers, grocers, taverns, ordinaries, hawkers,
pedlers, brokers, pawn-brokers and money changers.

§ 23. To license, tax and regulate theatrical shows and '^^^^H^^^l^s^'"^
other exhibitions and amusements.

1856.

Tippling houses.

Extinguishment
uf fires.

Weights an'l
measures.

Inspection of
lumber.

Hay and stont
coal.

Inspection of to-
bacco, &c.

Compensation.

Regulate police.

Punishment
offenders.

Suits to be
brought in the
name of cor-
portton.

Vote for or
against this act
taking effect.

§ 24, To tax, restrun, prohibit and suppress tippling
iiouses, dram shops and gaming houses, and bawdy houses,
and other disorderly houses.

§ 25. To provide for the prevention and extinguish-
ment of fires, and to organise and establish fire companies.

§ 26. To establish standard weights and measures, and
regulate the weights and measures to be used in the town
in all cases not otherwise provided by law.

§ 27. To provide for the inspection and measureme)it
of lumber and other building materials, and for the meas-
urement of all kinds o^ mechanical work.

§ 28. To provide for the inspection, and weighing of
hay and stone coal, the measurement of charcoal, fire
wood and other fuel to be sold or used within said town.

§ 29. To provide for and regulate the inspection' of to-
bacco, and of beef and pork, flour and meal, and whisky
in barrels.

§ 30. To fix the compensation of all town officers, and
regulate the fees of jurors, witnesses and others, for ser-
vices rendeied under this act, or any ordinance,

§ 31. To regulate tiie police of the town; to impose
fines and forfeitures and penalties for the breach of any or-
dinance, and to provide for the recovery and appropria-
tion of such fines and forfeitures, and the enforcement of
such penalties.

§ 32. The president and board of trustees shall have
power to provide for the ])unishment of offenders by im-
prisonment in the county or town jail, in all cases where
such offenders shall fail or reluse to pay the fines and for-
feitures which may be recovered against them.

§ 33. All suits, actions and prosecutions instituted,
commenced or brought by the corporation hereby created
shall be instituted, commenced and prosecuted in the name
of the president and board of trustees of the town of Pal-
estine.

§ 34. The qualified [voters] within the corporation
shall vote, on the first Monday of May next, for or against
becoming incorporated under this act. If a majority of
all the votes cast at said election are in favor of being in-
corporated, then this act to be in full force; otherwise, to
be null and void.

Approved Feb. 15, 1855.

75 1855.

AN ACT to amend the charter of the city of Springfield. in force Feb. 14

•^ ■ 1855.

Section 1. Be it enacted hy the people of the state of
Illinoia, represented in the General Assembly^ That in
addition to all the territory now contained within the lim- city nmits ex
its of the city of Springfield, there shall be added to said *"'''^'^-
city, and embraced within its limits and subject to its or-
dinances and jurisdiction, all the additional territory em-
braced within the following boundary, to wit : Beginning Boundaries.
at a point on the section line between section twenty-six
and twenty-seven, from which a line extended westward-
ly, will run eighty feet north of the lot owned by the Illi-
nois State University;thencewestwardly until a straight line
intersects the east line of Herndon & Edwards' addition
at a point four hundred feet north of the north line of Ma-
son's addition; thence around tlie line of Herndon & Ed-
wards' addition to the southwest corner thereof; thence
due south to the line of Erastus Wright's land; thence
due west along his line to a point from which a line
drawn due south will run two hundred feet west of the
west partof Erastus Wright's dwellinghouse; thence along
said line to the centre of the road running from Spring-
field to Beardstown by the fair grounds; thence with the
said road to a point opposite the west line of Hutchinson's
cemetary lot; thence to and with the said west line of said
cemetery lot, and extending the same in a straight line to
the centre of the Jacksonville road; thence along the cen-
tre of the Jacksonville road to the present city lines;
thence along the present city line to the southeast corner
of E. lies' second addition of out-lots; thence a straight
line to the southwest corner of Barret's addition; thence
along the present city limits to the section corner between
sections twenty-six and twenty- seven; thence northward-
ly with the section line to the beginning.

§ 2. All the ordinances of the city council of the city ordinances m
of Springfield to restrain and prohibit tlie sale or keeping
for sale of spiritous, vinous, fermented or malt liquors, or of
ale, lager beer, cider or any intoxicating drink, or imposing
any penalties or forfeiture therefor, shall extend to and be
in full force in all the territory lying within three miles
of the limits of the city of Springfield, as fixed by this
act, and the city marshal and police magistrates ot the city
of Springfield shall have jurisdiction in all such cases
within said three miles from the city limits, in the same
manner as if the ofiience occurred within the city of
Springfield.

§ 3. So much of any law as authorises a change of Act repealed.
venue from one police magistrate to another, in such cases,
shall within the city of Springfield be repealed and of no
force or effect.

1855.

When to take er-
fect.

Real estate ex-
empt from taxa-
tion.

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

§ 5, The police justices in said city may cirect all
processes issued by them to the sheriff or any constable
of Sangamon county or to the city marshal.

§ 6. The real estate in the city of Springlield shall
hereafter be exempt from taxes for county purp !>es.

§ 7- The city council of the city of Spring:!' Id shall
annually pay into the county treasury of Sangaui. n coun-
ty the sum of eight hundred dollars towards the jxpenses
of said county.

Approved Feb. 14, 1855.

In force Feb. 14,
1855.

AN ACT to incorporate the town of Mi'litie.

and politic.

Boundaries.

Section 1. Be it enacted by the people of the state of
Illinois^ represented in the General Assembly . Tliat the
inhabitants in the town of Moline, in the county of Rock

Body corporate Island, are hereby constituted a body politic and corporate
by the name of " The President and Trustees of the Town
of Moline," and by that name shall Iiave perpetual succes-
sions, make and use a common seal, and alter it at plea-
sure.

§ 2. That all that district of country, in Rock Island coun-
ty, contained in and known as fractional section thirty- two
(32,) in township number eighteen (18) north, of range one
(1) west of the 4th principal meridian, and so much of the
tract of 1280 acres granted to Joseph and Antoine Loclaire,
of the Island of Rock Island, and of the Mississippi river, as
shall by extending the north and south line of said section
thirty- two northward, make a tract of country one mile
square, and such tracts of land adjoining the abo^ e bound-
ed tract as are or may be laid off into town lots, and duly
recorded as required by law, shall be included in and form
a part of the town of Moline. Whenever any tract of
land shall be laid off into town lots and recorded, it may
be included by ordinance of the board of trustees, though
it may not be immediately adjoining the boundaries herein

Proviso. described: Provided, that the board of trustees may not

at any time include more than one and one half miles
square, and that the point where the centre lime of the
Chicago and Rock Island Railroad intersects the centre of
White street, shall be considered the centre of said corpo-
ration.

General powers. § 3. The inhabitants of said town, by the name afore-
said, shall have power to sue and be sued, plead and be

77 1855.

implead: d, defend and be defended in all courts of law and
equity, ..ud in all actions whatever; to purchase, receive
and hold property, both real and personal, in said town;
to purciiase, receive and hold property, both real and
personal, beyond the town, for burial and other purposes,
for the use of the inhabitants of the tjwn; to sell, lease
and con ey, or dispose of property, and to do all other
things in relation thereto as natural persons.

§ 4. The corporate powers and duties of said incor- Board oi trustee.
poration shall be vested in five trustees, who shall form a
board for the transaction of business for the town. The
first board of trustees under this act shall be elected on
the first Monday in April next, to serve one year, and un-
til their -iuccessors are elected and qualified. And a new
board sliall be elected annually thereafter on the first Mon-
day in April, to serve one year, and until their successors
are elected and qualified. They shall be citizens of the Quaiincation.
United States, twenty-one years of age, and shall possess
a freeho'd estate within the incorporation.

§ 5. That the board of trustees shall appoint their pres- President.
ident from their own body, who shall preside at the meet-
ings of die board, and in case of absence, inability to
serve of the president, the trustees shall have power to
elect a | resident pro tern, from their own number. The
board s all be judges of the qualifications, elections and
returns jf their own members. A majority of the trus-
tees shbil constitute a board lo do business, but a smaller
number may adjourn, from day to day, and may compel
the attendance of absent members in such manner and
under such penalties as they shall provide. The board of Quaimcotion..
trustees shall determine the rules of proceeding and order
of business before them, punish their members or other
persons for disorderly conduct before the board while in
session, and by a vote of four-fifths of the whole number
elected expel a member for good cause shown; and make »

such other rules and regulations for their own government
as to them may seem just, proper and expedient, and in
case of death, removal from the place, neglect for the
space of three months together, to serve or refusal to
serve, tobe signified in writing to the board, of any mem-
ber or members of the board of trustees, the remaining
members may appoint competent persons to fill the va-
cancy tiiereby occasioned.

§ 6. That no person shall vote at any election of of- voters.
ficers of the incorporation, unless he be qualified to vote
for representatives to the general assembly, and shall have
resided within the limits of the incorporation for three
months next preceding the election. No person shall be
appointed or elected to any office under this incorpora-
tion, unless he be at the time entitled to vote at elections

1855.

Appoint
officers.

Corporation.

Oath of oftice.

Borrow money.
Proviso.

Loan to ha au-
Miorised by a
vote of the citi-
zens.

Trustees liable
for funds.

Streets ami alleys
to be kept In re-
pair.

under this act; and all such elections shall be by ballot,
and tie votes shall be decided by lot in presence of the
board of trustees.

§ 7. That the board of trustees shall annually at the
next regular meeting after their election, or as soon there-
after as may be, appoint a clerk of the board of trustees,
a treasurer, assessor and constable, and such other of-
ficers from time to time, as they may deem necessa-
ry, and for such term as they thall by ordinance di-
rect, not exceeding one year. The board of trustees shall
have power to define and regulate the duties of the offi-
cers of the incorporation in such manner and under such
penalties as they shall deem proper, and to provide for
their compensation, and they may provide for their elec-
tion at tlie annual election of trustees, by the legal voters
of said incorporation : Provided, that no member of the
board of trustees shall at the same time hold any office
appointed by the board.

§ 8. They shall requre all officers appointed or elect-
ed under the incorporation to take an oath of office and
file the same with t!ie clerk, and to give bond with suffi-
cient security, well and truly to perform the duties of
their respective offices as shall be required of them bj'
law or the ordinances of the town, from time to time, and
in such penalty as the board of trustees shall direct, run-
ning to the incorporation by its corporate name.

§ 9. The board of trustees shall have power to borrow
money on the credit of the town : Provided, that the amount
of money borrowed, and the indebtedness of the incorpo-
ration, on account of money loaned, shall at no time exceed
three thousand dollars, and at a rate of interest not ex-
ceeding ten per cent, per annum.

§ 10, That no loan or borrowing of money on account
of said incorporation shall at any time be made until au-
thorised by a two-thirds vote of the legal voters of the in-
corporation, voting by ballot, in favor of the same, at a
special election, called for that purpose, on at least thirty
days' previous notice, and specifying in such notice the
amount of the proposed loan, the rate of interest and the
purposes to wliicli it is designed to apply the same, and
the same shall not be diverted from such use and applied
to any other, save to return the same, or any part thereof,
to the person from whom borrowed.

§ li. Tiiat any member of the board of trustees know-
ingly voting in favor of any misapplication or wrongful con-
version of the funds, personal or real property of the town,
shall be personally liable to the town in an action on the
case for the amount so misapplied and converted, and costs.

§ 12. The president and trustees of said town shall have
power to cause all the streets, alleys and public roads with-

79 1855.

in the limits of said town to be kept in good repair; and to
this end they shall require every able bodied male resident
of said town, over the age of twenty-one years and under
fifty years of age, to labor on the same not exceeding three
days in each and every year; and if such labor be insuffi-
cient for that purpose, to appropriate so much from the
general funds of the corporation as they shall deem neces-
sary tlierefor.

wd. To open, alter, vacate, widen, extend, establish, open streets, &ci
grade, pave or otlierwise improve any streets, avenues,
lanes, alleys, public grounds and public roads within the
limits of said town.

3d. To make, construct and keep in repair siderwalks tiJe-waibs.
in front of any lot or lots adjacent to any street or streets
in said town, and provide, by ordinance, for the assessing,
levying and collecting a special tax on the owners of lots
on any street, lane, avenue or alley, or parts thereof, ac-
cording to the respective fronts owned by them thereon,
for the purpose of paving, grading, planking and making,
in such manner as the board shall direct, side-walks, cross-
walks in such streets, lane, avenue or alley, or parts there-
of; wliich tax is hereby declared to be a lien on the land
in reference to wliich it is assessed, until paid, and to be
collected as other incorporation taxes are.

4th. To restrain, regulate and prohibit the running at Restrain caitie
large ot cattle, horses, slieep, swine, goats and other am- maisfrom run-
mals, and to authorise the distraining, impounding and sale "'°s at large.
of the same, and to prohibit any indecent exhibition of
horses and other animals.

5th. To prevent and regulate the running at large of Dogs.
dogs, and to authorising the destruction of the same, when
at large, contrary to any ordinance.

6th. To prohibit any indecent exposure of person. Exposureo? per-
7th. To regulate the speed at which railroad locomo- 4?e"dof locomo-
tives and cars shall be driven, or horses rode or driven ""^^s.
within the limits of said town; to prevent horse racing, to
prohibit the abuse of animals; to compel persons to fasten
theirhorses, orother animals, attached to vehicles or other-
wise, while standing or remaining in any street, alley or
public road in said town.

8th. To establish a public pound, and to appoint a pound pubUc pound.
master.

9th. To restrain and prohibit all descriptions of gam- Gaming.
bling and fraudulent abuses, and to suppress and prohibit
billiard tables, ball alleys and other gaming establish-
ments.

10th. To suppress and prohibit disorderly houses, gro- Tippimg houses.
ceries, tippling houses and houses of ill fame.

1855.

Common shows
anil nlrcusos.

Contagious dis-
eases.

Extinguishment
of fires.

Provide water.

(iunpowdcr J &c.
Lighting streets.
NlgUt watches.
Public grounds.

Improve naviga-
tion of Missis-
sippi river.

Public buildings.

Intoxicating li
quors.

Auctioneers and
[lollors.

Hay and stone
coal.

lltli. To license, regulate, suppress and prohibit all
exhibitions of common showmen, shows of every kind,
caravans, circuses and exhibitions and amusements.

r2th. To prevent, suppress and prohibit any riot, af-
fray, disturbance or disorderly assemblage, assaults, as-
saults and batteries or shooting within the limits of said
town.

13th. To abate and remove nuisances, and to punish
the authors thereof, and to define and declare what shall
be deemed nuisances, and otherwise direct the summary
abatement thereof.

14th. To make regulations to prevent the introduction
of contagious diseases into the town, and execute the same
for any distance not exceeding two miles from the limits
thereof.

15tli. To regulate and prevent the erection of wooden
or unsafe buildings in the town; to provide for the preven-
tion and extinguishment of fires, and the organizing and
establishing of fire companies.

16th. To provide the town with water for the extin-
guishment of fires, and for the convenience of the inhabi-
tants.

17th. To regulate the storage of gunpowder, and other
combustible materials.

18th. To provide for lighting the streets, and erecting
lamp posts.

19th. To establish, support and regulate night watch-
es.

20th. To provide for enclosing, improving and regula-
ting all public grounds or other Jands belonging to said
town.

21st. To improve and preserve the navigation of the
Mississippi river within the limits of the town.

22d. To provide for the erecting all needful buildings
for the use of said town.

23d. To suppress and prohibit the selling, bartering,
exchanging and traffic of wines, gin, rum, brandy, whiskey
or other intoxicating liquors within said town, and to that
end to authorise the seizure and destruction thereof, when
so kept or offered for sale : Provided, that they may allow
druggists to sell the same, in good faith, for purely medi-
cinal, mechanical or sacramental purposes, and for no
other purpose.

24th. To license, tax and regulate auctioneers, mer-
chants, retailers, hawkers, pedlers, brokers, pawn-brokers
and monej' changers.

25th. To provide for the inspection and weighing of
hay and stone coal, and the measurement of wood and
other fuel to be sold or used in the town.

81 1855.

26tli. To appro])riate and provide for the payment of Rxpenseiot t
any debts or expenses of the town, and to fix the compen- "^""
sation of the town otficers, the fees of witnesses ana ju-
rors, in actions arising under this act, or under ordinances
of the town.

27th. To make all cirdinances which shall oc necessa- Keguiaim.c po»
ry and proper for carrying into execution the powers spe- vunau'it/."^*'*'
cified in this act, or wliich they may deem necessary or
expedient for the better regulation of the internal politfe
of said town, and to execute the same, and to impose fines,
forfeitures and penalties for the breach of any ordinance,
or any of the provisions of this act, and to provide for the
recovery and appropriation of such fines and forfeitures,
and the enforcement of such penalties : Provided^ that in proviso.
no case arising under the ordinasices of the town shall any
such fine exceed the sum of fifty dollars, nor imprisonment
twenty days, for any one offence.

§ IB. Copies of all ordinances passed by the board of Copug ..f of«ii-
trustees shdll be posted up in three of the most public p!a- posted np «*'
ces in the town, or published in a newspaper published in i""''*^^''^-
the town, and siiali take effect in ten days after such pub-
lication. It shall be the duty of the clerk to post copies
of ordinances, when required by this act, and shall append,
under his hand, a certificate, stating when and in what
manner such publication was made, to the record of such
ordinance, in the book of ordinances kept by the board of
trustees, in the clerk's office, a copy of which certificate,
under the seal of the incorporation and hand of the clerk,
shall be evidence of the facts stated in reference to such
publication in all courts and places whatsoever.

§ 14. The regular meeting of the board of trustees iiectiniiur i.oard
shall be on the first Wednesday of every month, a: d they '^'"""°' '^*-
may provide ior the holding of adjourned and special meet-
ings.

§ 15. That tlie board of trustees shall have power to t-tvv;,iKi coiieot
levy, annually, at the first regular meeting of the board,
after their election, or at such other time as they may de-
signate; and collect taxes for the incorporation upon all
real estate within the town subject to state and county
taxes, and upon all personal property of the inhabitants of
the town, not exceeding one-half of one per centum, upon
the assessed value thereof. In making sucii assessment
the assessor shall be governed by the laws of this state di-
recting the assessment of property for state and county
purposes, for the time being, as near as may be, and so as
not to conflict vith the provisions of this act.

§ 16. The assessor, after having made his assessment Duty of »»»•<».
roll, shall deposit the same with the clerk of the board of
trustees, for inspection by any and all persons interested,
for the space of ten days — posting up notices in four of the
20

1855. 82

most public places in the town that said roll is so left for
inspection, and shall, u})on the la})se ol said It n da) s, return
said roll to the cleik, stating, in his return, that ^aid roll
was so deposited, and notices thereof pos ed as aforesaid.
The ;lerk shall file and carefully preserve said roll and
return in his office; and all ;axes levied upon real estate
are declared to be a lien upon the real estate upon which
they are assesse;', from and after such leturn, un.il j)aid.

»wtn>fi:iPciork. ^ 17. It shali be tjie duty of the clerk of the board of
trustees, within fi\e days thereafter, to post up notices in
four of the most public places in the town, and cause such
notices to be inserted in some newspaper, should there be
any published in the towr, that, at a place and at a time,
to be therein named, not more than two weeks from the
return of said assessment roll, as aforesaid, the board of
trustees will meet for the purpose of inspecting sai 1 assess-
ment; when and whtre it shall be the duty ot the board of
trustees to meet, and hear and investigate, under oath of
the party ccmplaiiiing, to be administered by the clerk of
the board, any compidints that the party con, plaining' is
charged with property not belonging to him at the time of
assessment, or that his property is assessed too high, and
shall, in all such cases, so alter and amend, or not, said

^ , roll, as to them shall seem just: ProvideiL huwever. that if

a regular meeting ol the board will nappe.i at any time
within three weeks after the filing of such roll, then it shall
not be necessary to have a special meeting convened as
above, but the matters specified in this s^-ction may be act-
ed upon at such regular meeting.

ojiicctionofta:x- § 18. AficT sucli assessuient Toll shall ha vc bccn befoFB

"^ the b )ard of trustees, for its action thereon, as above pro-

vided tor, and after making such alterations therein as they
may deem necessary under the preceding section, it shall
then be the duty of the board to cause a warrant to be is-
sued, under the seal of the incorporation, directed to the
town constable, with a copy of the assessment roll attach-
ed, commanding him to proceed and collect the san.e with-
in nineiy days alter the date thereof; and in the coll. ction
thereof the said town constable is vested with the same
powers, and to be exercised in the same manner, in all re-
spects, as collectors of taxes are in and by the act to pro-
vide for township organization, so far as the same shall be
applicable.

„. ., 6 19. It shall be the duty of the town constable to pay into

Dutyof town con- b -^ "^ ^ J i i i • i i

Btftuie. tl^e treasury ot the town all moneys collected by him, deduct-

ing his per centage,from time to time, as fast as collected,
and to make ret urn on his warrant to the clerk of the board of
trustees, within ten days after the return day thereof, under
oath, to be thereon certilied, showing, first, the amount of
money collected by him; second, the taxes on personal and

83 iHbb.

real estate he cannot collect, for the want of any goods
and chattels within the town, belonging to tlie person tliere-
with charged, out of which tlie same might be levied and
made — stating, specifically, as in the warrant, and making
separate returns of the personal and of the real estate up-
on which taxes remain uiipaid.

§ 20. The town constable, with his sureties, shall be Liability oj tow»
liable for all taxes that, by the use of due diligence, he
might have collected and shall fail so to do.

§ 21. It shall be the duty of the town clerk to file, in saietor tax^s.
the office of the clerk of the county court of Rock Island
county, a copy, certified under the corporate seal of the
incorporation, of the returns of the town constable, show-
ing the re.il estate upon which taxes remain unpaid, at least
ten days before the first day of the term of said court at
which judgment is prayed, first holden after the return of
said warrant and filing the same in his office, and sliail cause
a notice of an application to be made to said county court
for an order to sell the same for nonpa3ment of taxes and
cos:s, and the time and place of such sale under such or-
der to be published in the same manner as required by law,
for the time being, for sale of real estate iov nonpay-
ment of state and county taxes; and the county court shall
thereupon proceed to dispose of the matter, as required by
said laws : Fruvided, that if there shall not be suffic ient
time to give the notice required by the laws of this state
of an application for an order to sell real estate, previous
to the next term of the co mty court, then application for
the same shall be made at the next subsequent terra of said
court.

§ 22. The town constable shall make the sale under certificates «f
the order of the court provided for in the above section, \"J^^a!^ *** "*"
and the town clerk shall keep a record of such salt; file
the same in his offi''e, in a book to be provided for that
purpose; issue certificates to the purchasers tlsereof; and
said officers slial', in all things in and about said sale, com-
ply, as near as may be, with the provisions of the laws of
this state, for the time being, directing sales of lands for
nonpayment of state and county taxes.

^ 23. When any rea estate in said town shall be sold, as property mm
is herein provided, for nonpayment of taxes, the same shall dempmn. **'
be subjec'^ to redemption, by any any person interested
therein, within two years after the same shall have been
gold, on paying to the clerk of the town trustees double
the amount for which the same may have been sold; and
all taxes assessed for corporation purposes which may have
been paid by the purchaser at such sale and since such
sale, with legal interest thereon from the time of such pay-
ment to the time ot such redemption, and thereupon the
clerk of the board of trustees sh3ll make, to the persons so

tore sale.

OlKrk to execute

1855. 84

redeeming, a certificate, under his hand, the seal of ihe
incorj)oration, specifying the lands redeemed, the time of
redemption, tlie moneys paid, and by whom; which shall be
prima facie evidence in all coiuts whatsoever of the facts
therein stated. The clerk shall pay such moneys to the
treasurer of the town, taking and filing his receipt there-
for; and the treasurer si. all deposit the same in the town
treasury, for the use of the purchaser at such sale, to be
paid out to him or his iiis assigns, on demand therefor, and
receipt given.
Taicaa and cosu § 24. Taxcs and all costs made thereon may be paid
maybepai be- ^^ ^^^ time to the town constable, before the sale oi the
land for nonpayment thereof.

§ 25. In case a»iy real estate, sold under the provisions
<'«»<i- of this act, shall be and remain unredeemed, as above pro-

vided, at the expiration of two years from the d;.te of such
sale, a deed shall be made out and signed by the president,
and countersigned by the clerk of the board of trustees,
under tiie seal of tiie incorporation, and duly acknow-
ledged by said olficers, con"ie3ing the land to the purcha-
ser or his assigns, his or their heirs and assigns, upon such
proof of such notice to the owner of the land as is requi-
red b} the constitution and iaws of this state, of the sale of
land tor nonpayment of taxes.
Mot liable for § 23. f^duds sitiiated in said incorporation shall not be
roa axe». Jiiiijje to be assesscd for road taxes under the general

laws of the state on that subject.
Fee* and com- § 27. O.iicers acting under this act of incorporation
pansatioii. .^^ ^.^^ ^^j^ ^^ j^^^j ^^^ nonpayment of taxes, and in all

proceedings and consequent to the order to sell the same,
shall ba entitled to the same fees as shall be allowed by
law for similar services under the revenue laws of this
state, and the same shall be a charge upon land taxed,
and in.^luded in the order of the court directing such
sale as is provided in said laws.

privato property S 2S. Private property siiall not be taken for the wi-
ute'r'ins^sireets! dcuing or altering any public street, lane, avenue or alley,
unless upon petition of thirty legal voters of said town,
and ten days' notice given by publication in a newspaper
published in the town, or by posting up notices in four of
the most public places in said town, of the time and place
of the presentation thereof to the board of trustee.s, who
sliall proceed to hear and determine the matter at such
time, or adjourn the matter to such time as by them shall
be thought proper.

Damages to be § 29.' When it sliall be necessary to take private pro-

Msessed. perty for opening, widening or altering any public street,

lane, avenue or alley, the corporation shall make just

compensation to the person whose properly is so taken;

and if ihe amount of compensation cannot be agreed up-

85 1855.

on, the board of trustees of ^aid town shall select by 'lal-
lot, five commissioners, legal voters of said corporation,
and not directly interested in the question, who s'lali pro-
ceed, having been first duly sworn to make such assess-
ment fairly, and according to law, to examine the prem-
ises, and hear all parties interested in the matter who
may appear before them, and the award of any three of
them in the premises sliall be final. Tiiey or any three of
them shall make out their award in writing, and return
the same to the board of trustees un<'er their hands and
seals, with a certificate of the oath by them taken; and
in case of inability to agree upon an}' award, they shall
be discharged by the board, and other commissioners se-
lected in their })lace. They shall also assess upon the
property in the town by them deemed benefitted by open-
ing, widening or altering such street, lane, avenue or al-
ley, the damtiges by tliem pssessed therefor in ratable
proportion, and report the same witli their assessm.ent, and
the board of trustees shall issue their warrant for tlie col-
lection of the same against the owners of the land so bene-
fitted to the town constable, and tlie same is hereby de-
clared to be a special tax, and a lien on the land so re-
ported to be benefitted thereby, and m»y be collected in
the same manner as other incorporation taxes are.

§ 30. Should the owner of a^^y land u'pon which any sppciaitai.
special tax is assessed under this act be unknown, ho may
be so described in all proceedings to assess and collect
the same.

§ 31. In ascertaining the amount of the compensation Damatre*.
to be allowed to tht owner for his property taken for
opening, widening or altering any street, lane, aAenue or
alley, tlie commissioners shall tike into consideration the
benefit as well as the injury happening by such opening,
widening or alteiing such street, lane, avenue or alley,
and if the benefits exceed the injury, they shall so report.

§ 32. Wiien all the owners of all the property through owners not «■«-
which it i5 proposed to open, alter, extend or widen any "fcertitn^we!!
street, lane, avenue or alley, shall join in petition for the
same, no damages shall be allowed to any of them in con-
sequtnce of complying with their petition.

§ 33. The board of trustees ma}, for good cause shown, Award irt»T tx
and application filed in the office of the clerk of the «''^'*'*'-
board, within ten days after the return of the award of
the commissii.»ners appointed under this act, open and set
the samj aside, and cause another assessment to be made
by the same or other commissioners; and if the assess-
ment of the first commissioners is ajjproved, then the per-
son app'ying for the reassessment of damages, shall pay the
additional cost.

1855. 86

I'lnao allowed to § 34. The owner^ of lots shall be allowed a reasona-
Die time, to be asoertained by ordinance, withm which to
make or repair such side-walk or cross-walk, under the
direction of the board of trustees, in Iront of lots owned
by them, and in ca^e of failure to make and repair the
same within sucli time, the board of trustees are author-
ised to Cause such making or repairing to be done, and
assess and collect the necessary expenses thereof, in tha
manner herein provided.
jpeciBi taxes § 35. All Special taxes remaining un[)aid shall be re-
ao-« co.iected. ^yj^j^p^ jjy ti,e towi) constable in tlie manner hereinbefore
stated a^ to general taxes, and shall be annually re-
ported to the county courl^, at the same time; and in all re- i
spects the proceedings to procure a sale of the land for
nonpayment thereof, shall be conducted in the same man-
ner that is herein })rovided, to procure a sale of real estate
for general taxes remaining unpaid, and subject to sale
and iedern])tion in llie same manner.
wnenipt from § 36. The inhabitants of said incorporation are here-
road labor. ^^ exempted from woi king poll tax, icr road labor, other-
wise than under the provis^ions o( this act.
;uri*ii.r!oo. § 37. Tlie board of trustee?; shall have exclusive ju-

risdiction and control over all bridges, streets, lanes,
avenues and alleys, and public I ighv.ays at and within
the corporation, and the opening and repairing, and ma-
king the same,
ruiitshrntut for :j 38. The. board of trustees shall have power to pro-
•ffMic s. vide for the punishment of offenders in the county jail, in

all cases where such olfenders shall fail or refuse to pay
any fibe or forfeiture recovered against them for breach of
any ordinance of the town : Provii/ed,snch imprisonment
shall not be of longer duration than in the proportion of
twenty four hours imprisonment for every three dollars of
the fine and costs,
prupoitj »tstea § 39. All property, real and personal, heretofore be-
jmrltionT^**'^*" longing to the picsident and trustees of the town of Mo-
line, (an incorporation organised luider the general laws
of this state,) for the use of the inhabitants of thf; same,
shall be and are hereby declared to be invested in the in-
cor})oration hereby created, and the persons holding of-
fice in said incorporation, shall render an account thereof
to the incorporation hereby created.
MomeyB how paid § 40. No money shall be paid out of the treasury of
•**• said incorporation, save upon resolution of the board of

trustees, specifying on what account and to whom the
same is paid, and an order made by the clerk, signed by
the president and countersigned by the clerk, drawn in
iM« to be col- pursuance of such resolution. All taxi s of said town
Md^wlr. ^"^'^ shall be collected in gold and silver, and the orders o;' the
treasury aforesaid, and all moneys belonging to the town

87 = 1866.

»•

shall be depositerl and remain with the treasurer, until
drawn out in the manner above provided.

§ 41, r.'ie ')>Ard of trustees, anaually, at least two Fiscal coDoenM>f
week> prior to any general election for officers under this
act, sliall m ike out and enter upon their records a lull and
coinj)lete statement of the fiscal affairs of ilie incor|>ora-
tion, showiufT, item by item, all moneys received, from
whom received, and on wliat account. Also, all inoneys
ex})ended and paid oa', and to whom, and on what ac-
count, and tiie then indfbtedness of the incorporation, and
on what account; a copy of wliich shall be published in a
newspaper in said towi , at least one week prior to such
election, and if none be published, then posted up in some
public place one week j)rior to such election, and for will-
ful neglect or refusal on the part of said board of trustees,
or any member thereof, to cause such stiitement to be
made a" herein provided, he or they shall be liable to in-
dict'nent in the circuit court, and on conviction fined in
any sum not exceeding one hundred dollars.

§ 42. All persons, members of any fire company, or- ^.^t^"^^"/?"" ""
oganised under the ordinances of said incorporation, shall,
during the time that he shall be such meinber, be excused
from serving in the mditia, unless in cases of actual inva-
sion or insurrection, and from sitting on juries, and after
serving seven years as such fii'en)au consecutively, and
receivirjg a certificate to that effect, under the seal of the
incorporation, shall thereafter continue to be so exempt.

^ 43. No person shall be disqualified as a witness or ju- ^Yuk
ror, in any suit or proceeding wherein the incorporation may
be a party or interested, in consequence of being an in-
habitant of said town, or member or oliicer of the incor-
poration.

§ 44. The first election of trustees shall be held at Kiecuon.
the usual place of holding elections in iMoline, and shall
be opened at nine o'clock in the morning, and shall con-
tinue open until five o'clock in the afternoon of the same
day. The electors present at the opening of the polls, shall
elect two of their number to officiate as judges, and one
to act as clerk, who shall be sworn, and in all thirigs shall
condtict . uch election as is required by the general elec-
tion laws of this state, shall canvass the votes and make
certificate under their hands and seals of the persons
elected, and deliver the same to them, and make return of
the p^ll book and certificate attached, to the clerk of the
board of trustees, wh n he shall be appointed, and enter
upon the discharge of his duties as clerk.

§ 45. This act is hereby declared a public act, and Pni'iic»o«.
may be read in evidence in all courts of law and equity,
as such; and all acts or part? of act.^, contrary to or in-
consistent with this act, are hereby repealed, so far as the

Iflcalioa 9t
uror*.

1856. 88

same, conflict herewith. Tliis act shall take eflfect and
be in force tVom and after its passoge.

Ani.,ant.nftxto ^ 46. The board of trustees shall not have power to
• sAhMsp,.. cmis-e a tax for general purposes to be assessed higher
than one half of one j)er cent, upon the assessed value of
property, without first subtnitling the same to the legal
voters in tlie incorporation, and a majority of them voting
in faVor thereof; ard they shall provide by ordinan'^e for
submitting such question to the \ ottrs, stating therein the
amount per cent, proposed to be assessed.

fti-ancw*. '^ 47. In case ail tiie trustees of said town should resign

their office, or if for any cause they shall be unable to act,
then the clerk sli»ll give one week's notice of the time
and place of an election ol a board of trustees to fill the
vacancy. The removal from the town of any town of-
ficer shall cause his office to be deemed vacant, but he
may act until his successor is elected or appointed and
qualified. No failure to elect trustees at the time ap-
pointed in this act shall cause a dissolution of the incor-
poration, but they may be elected on any subsequent day,
upon one week's notice being gi\ en by anj five legal vo-
ters of the town, or by the clerk of the board of trustees,
shnuj(! tiiere be one.

vo*' lor or § 48. */Ind be it further enacted^ that one week prior
agau^c adopt- .jq ^he oav herein apviointed for the election of the fir.'t

JfcK 'b'f charter. -^^ j il_

board of trustees, an elecion shall be hold at the usual
place of holding elections in the town of Moline, and in
the maui.er prescribed herein for the election of trustees,
by the legal voters of said district of country described in
this act, who would hi entitled to vate for trustees, to
vote for and against this act of incorporation; and if a
majority shall vote in favor of it, then the corporate rights,
franchises and powers granted by this act, shall go into
effect; if against st, then the same shall go into effect
whenever at any subsequent election called by any fifteen
legal voters o"' said town, on one week's notice, ])osted up
in four public place^ in said town, a mHJoritv shall vote in
its iavor; voting at such elections shall be by ballot, to be
written or piintrd " for incorporation," or "against incor-
poration." Returns ol all such elections shall be made
to the county clerk of Rock Island cornty, tn be filed in
his office; and whenever the town shall become incorpo-
rated by any such election, then to be by him oeposited
in the office of the clerk of the board of trustees, when
he shall be qualified.
w.«u<vnr8tu.n^. § 49. The rctum of the judges of election of the re-
sult of the election in favor of incorparation, shall be en-
tered upon the records of the incorjjoration and a copy
certified under the seal of the incorporation and hand ol

^ 1855.

the clerk, from the original or recorded copy, shall be ev-
idence, pnma facie, of the accej)tarice of this act of in-
corporation, in all courts and and places whatsoever. This
act to take effect and be in force from and after its pas-
sage.

Approved Feb. 14, 1855.

AN ACT to incorporate thi^ town of Geenup.in Cumberland county in force Feb. i».

1866.

Section 1. Be it enacted hy the people of the state oj
Illiihjis, represented in the General t,^ssembly^ Tliat the
inhabitants and resir ents in the town of Greenup, in the Body corpo»».

• and poUtlo.

county of Cumberland, are hereby made a bo«iy corporate
and politic, in law and in fact, by the name and stjle of
"The President and Board of Trustees of the Town of
Greenup," and by that name shall have pcrj>etual succes-
f-ion, and a common seal, which they may alter at plea-
sure, and in whom the government of the cor[)oration shall
be vested, and by whom it^ affairs shall be managed.

§ 2. The boundaries of sAd corpor tion shall include EoTindartw.
the original town jdat and the several additions to the
town of Greenup, as the same i^ recorded in the count} of
Cumberland, or shall hereafter be added and recorded.

§ 3. That there shall be, on the first Monday in Ma) EWMonfoTtni.-
next, be elected five trustees, and on every first Monday
of the monih of May, thereafter, who shall hold their offi-
ces for one year, and un'il their successors are duly elect-
ed and qualified; and j)ublic notice of the time aiid place
of holding said election shall be given hy the president and
trustees, by an advertisement publislied in a i ewspaper
published in the place or town, or porting up in at least
four |)ublic places in said town. No j)erson shall be a trus- *^t"ujt'),^^*'° **
tee of said town, or who has not arri\ ed at the age of twen-
ty-one years, and who has not resided in the town (or six
months next preceding said election, and who is not, at the
time, a buna fide freeholder, and moreover, who has not
paid a state and corinty tax; and all white fiee male inhab- ^^^^''Jllf^ "*
itants, over the age of twenty- one, and who has resided in
said town three months next preceding said electioji, shall
be entitled to vote for trustee?; and the said ti ustees shall, at
their first meetir)g, proceed to elect <jne of their body pres-
ident, and shall have full power to fill all vacancies in said vac^c*"*-
board, by ap])ointment, w hich may be occasioned by death,
removal or resignation : Provided, t.ie vacancy shall not Proviso-
exceed three months. All vacancies which siiall occur lor

1855.

Appoint

Bold real estate.

Central powers.

a loiiger period, the board sha'l give ten days' notice, by
postinpf up at least three advertisements, or pnbli>}iing the
same in a newspaper published in the place two weeks
before said election, to fill sucli vacancy or vacancies that
may exi't, in the same manner as provided for in the regu-
town i^y elections, and to appoint a clerk and an assessor,
trensiirer, street supervisor and a town constable, to give
bond and security in ^uch amount as the trustees ma} re-
quire; and the said town constable shall take an oa'h of
office before some justice of the peace, that he wi'l faith-
fully discharge the duties of said office, and it shall be his
duty to collect all fines and serve all processes at t' e suit
of the corporation, and to do such other matters and things
pertaining to the office as may be requir^^-d of him by the
ordinances and by-laws of said corporation, and post up
all notii3es that may be required to be posted up in behalf
of said corporation.

§ 4. The said corporation is hereby made capable in
law to take and hold to themselves and their successors
in office, any lands, tenements, hereditam'^nts, have pow-
er to sue and be sued, to plead and answer and be an-
swered in any court whatever.

§ 5. TUe trustees aforesaid, and their successors in
office, or a majority of them, shall have power and
authority to ordain and establish such rules and regula-
tions for their government and direction, and for the trans-
action of business and concerns of the corporation as
they deem expedient, and to ordain and establish and put
in operation, by-laws, ordinances and regulations as shall
seem necessary for the g )vernment of said corporation,
and for the management and control, disposition and ap-
plication of its corporate property, and generally to do
and execute all an 1 singular such acts, matters and things
which to them may seem necessary to do, and not contra-
ryto the laws and constitution of this state.

§ 6. The said trustees shall have power to levy and
collect a tax not exceeding one half of one per cent, on
all lots and improvements, and personal property lying
and being within the incorporate limits of said town, ac-
cording to the valuation; to tax public shows and houses
'"a'''honspl'''T'f of public entertainment, taverns, stores and groceries, for
•uiertainment. \^\^p purpose of making an 1 im[)roviiig the streets, and
keeping them in repair, and for the purpose of erecting
such buildings and other works of puhlic utility, as the
interest snd convenience of the inhabitants ot said town
may rpquire, and the circumstances render proper and
exix'^innt; and said trustees may adopt such modes and
wa^cuon' ""' "^^^'l for the assessment and collection of such taxes,
*««• an 1 |Jie rents, issues and profits thereof which may be

necessary for the erection of any public school house in

Ijevy and
tax.

91 1855.

said town, market houses, or other public bniUlings, to pro-
mote the interests of the citizens of said town, and the
same to grant, seM, lease and dispose, if necpp<!ary; they
shall also liare |)ower to regulate, lo grade, pave and im- puwic streen .
prove the streets, lanes and alleys within the limits of s lid
town and cfir[)nration, and to extend or ooen and widen the
same, making the persc>ns injured llnreby a(U>qnate com-
pensation, to ascertain which, t!ie board sh^ll cau«!e to he Tinmafrps » »•
summoned six good and careful men, freeholders and in-
habitants of said town, not directly interested, 'who first
being duly sworn for that purpose shall inquire into and
take i ito consideration as well the ben* fits as the injury
which may accrue, and estimate and assess the damages
which would be sustained by rea-on of the openi:.g, ex-
tending, widening, deepening or raising of any street, al-
ley or lanes, and .hall, moreover, estimate the amount
which other persons will be b( nefitted thereby, and shall
contribute tow*>rJs the persons injured, all of which s'lall
be returned to the board of trustees under thf'ir hands and
seals, and they who shall be benefitted and so assessed, shall
pay the same in such manner as shall be yirovided, and the
residue, if any, shall be paid out of the town treasury,
and siid corporation shall, as they may from time to time,
fix upon and determine, and to prescribe tf^e manner of
selling property when the tax levied on it is not paid :
Provided, no sale of town lots or other real estiite shall P'o'^^o-
be made, until public notice of the time and place of such
sale shall be given by advertisement in the newspaper, or
notices posted up at least, four of the most public place in
the town, at least twenty days previous to such sales:
Provided, that in conducting such sale the provisions of ^■^°''*^^'*"^'"'
the laws concerning public revenue, so far as the same
may be applicable, shall be complied with.

§ 7. That the trustees of said town, or a majori'y of ^"rpiXefl^of
them, shall have power to preserve good order and bar- veace.
mony in such town, to punish for open indecency, breaches
of the peace, gambling, gaming houses, riotous conduct
or meetings; to remove obstructi.<ns in the streets and
public ways, or cause the same to be done, also all nui-
san les of whate\'er kind, for which purpose they may
make such by-laws and ordinances as the\ may deem ex-
pedient, and not inconsistent with any public law of this
state, and impose fines for the breach thereof, which fines
shall be recoverable before any justice of the peace re-
siding in said town. All sui(s and judicial proceedings un-
der this act shall be brought in the name ^nd style of the
president and trustees of the town of Greenup.

§ 8. It shall be the duty of any justice of the peace Dnty oi jostle
residing in said town, and he is hereby authorised ^nd em- "^ ^*^^ ^^***'
powered, upon the violation of any town ordinance of said

for

1865 92

corporation, to issue his w rrant, directed to the town
constable or any authorised county officer, to ajiprehend
the offender or offenders, and bring him or them f )rt!iwith
before him, and after hearing the evidence, if it shall ap-
pear that the said accused has been guilty of violation of
any such laws or ordinances of said corporation, to im-
pose such fines or imprisonment, as shall be j)oiitted out

ProTieo. in such laws and ordinances : Provided^ such fui^s shall

not exceed twenty dollars, and the imprisonment shall not
exceed forty eight hours : Provided, however, that writs

proviflea further, of Certiorari and appeals shall be granted from judgments
under this act as in other civil cases; and in all criminal

J»pp««ta. cases the defendant sliall be entitled to an aj)peal to the

county or circuit court, by entering into bond or recogni-
zance as the case may require before justice of tie peace
within twenty days after the rendition of the judgment,
withsiich ^e> urity and in such an amount as the justice shall
think riglit and proper; and all fines imposed for a hi each
of the peacp or violation of the corporation ordinances
shall be paid into the treasury of the said corporation.

mection of jns- ^ 9, Aj,j fgj. t|,g carrying: out the foregoing section,

ace of the peace ^ lui 1 i 1 1 •• ivr

there shall be elected at the icgular election in May next,
one justice of the peace within the corporate limits cfsaid
town, w!)0 shall keep his office in said town, and have the
same jurisdiction witiiin tiie county as other justices of
the peace have, until the regular state elections thereaf-
ter, to be elected for the time as other justices of the
peace are.
L*«a Hold for K 10. That when any town lots or real estate sliall be

taxes may he ,•', f. , ■ ^ e ^\ • i. ii 1

redeemed. sold fur taxes by Virtue of this act, the same may be re-
deemed at any time within two yf ars from tiie date of such
sale, by the owner of such property, or his or her agent,
executor or administrator, paying to the treasurer o( said
town, for the use of the purchaser, the amount of said
taxes, costs and interests, wiih ten per cent, per annum on
the same, for time sold, for the use md benefit of the said
purcliaser.

fiptoMtaz. ^ 11_ That upon the application of the owners of a

majority of the front lots on any street, it shall be lawful
for the board of trustees to levy and collect a special tax
on the owners of the lots on said street or parts of street,
according to their resj)ective fronts, not exceeding one
per cent., for the purpose of grading and pa\'ing the said
side walks on said strt et.

Ordinances to be § 12. That all ordmanccs of said trustees shall be
fairly written out, signed by the clerk, and j)ublished in a
newis'paper printed in the town, or posted up at three of the
most public places in the town; and no onlinance shall be
in force until published as aforesaid at least ten days.

93 1866.

S 13. The justice of the peace and constable who are re- I'ees of juatioe»
qu red to render servicf under tins actstiali be entitled to
the same fees, and collect tliem in the same manner as may
by law, is or may hereafter be provided.

§ 1 i. That the president or any two of the trustees shall special me.ttogi.
have power to call a meetingof the board, by givingone day's
noiice thereof in writing, and a majority shall constitute a
quorum to do business, but a minority shall have power to Quorum.
adj(, 'U!i, from time to time, to compt-l tiie attendance of
absent members, and in the event that the notice of an
election is not given as required by this act, or from any
otiit r cause, that an annual election shall not be holden at
the proper time, it shall he lawful for the late clerk of the
board, or any two qualified voters in said town, or av any
time tiiereafter to give notice as aforesaid, of the time and Koti«.
place of holding a special election, and the trustees elect-
ed at such special elections shall iiave all the powers con-
ferred by tills act.

§ 15. That the qualified voters within the corporation vota toi »<
shall vote, on the first Monday in April next, for or against fncorporateJ, *
being incorporated under this act. If a majority ot all
the votes cast at said election are in favor of being incor-
porated, the election for trustees to be held on the first
Monday in May thereafter, l^ the majority as above re-
ject it, to vote in the same manner on the first Monday in
April thereafter, when it a majority of all the votes cast
are against the incorporation, tiiis act to be null and void,
but if a majority of votes are in favor of it the first Mon-
day in April, 1856, then this act to be in force. ^

Approved Feb. 15, 1855.

AN AoT to incorporate a board ot sewerage cummisaioners for the city of

Chicago.

Section 1. Be it enacted by the people of the State of
Illinois, represented in the General Assembly, Ti.at as
soon as practicable after the next regular election for city
officers in the city of Chicago, and within thirty days there- EiecUon of i,o«d
after, there shall be elected, by the common council of said '^ conun*«

•i xi i ' . council.

city, tliree persons, to serve as sewerage commissioners,
one for the south, north, and west divisions of said city,
respectively, who shall each be residents and freeholders
of the respective districts for which they are elected : Pro-
vided, that no election shall be gone into by the said com-
mon council of the said sewerage commissioners until such

1856. 94

election shall have been duly ordered at a previous meet-
ing ot" said council; and such persons sliali be nauied and
constituted as a board of sewerage commissioners for the
tody oriwrato, Said city of Clilcago, who, and tbeir successors in office,
name and style, ^j^^^jj ^^ ^ ^^^^, politic and Corporate, by tbe name and

style uf '"riie Board of Sewerage Commissioners," and by

that name shall liave perpetual succession, witii power to

May contract, sue contract, sue and be sued, to purchase, hold and convey

and be sued. ' , , ' , ' , •'

Haveaseai. pcrsouai and real estate, to have a common seal, to alter
May hold «nd and break the same at pleasure, and to make by-laws, and

con Toy rea! and .jiii i. i-i l „« i i.

personal .stnte to QO all legal acts which may be necessary and proper to
7iiV^theoem- Carry out the effect, intention and object ot this act : Fro-
jaonouncii. vicled, that if, from any cause, an election shall fail to be
made within said thirty days, ihe same may be made at any
time thereafter : t/Sitd prucided, furl/ie)\ that no person
shall be considered elected to said office unless he shall
receive a majority of the votes ,)f all the aldermen by law
authorised to be elected : Provided^ that no rtal estate
shall be purchased without ihe approvjil of the council first
wtie m namu of had to such purchase, and that the title to all real estate
Mmtuissioners!^ purchascd sliall be taken in the name of the city of Chica-
go, for the use of said co umissioners.
Oomvnon conncii § 2. The Said com inissiouers, fust elected, shall hold
to decide, by lot, their officcs for the term of two, three and four years; the

tfirm or ofnce. , . ' ^ , .

common council shall, forthwith, after the election of said
commissioners, decide, by lot, their respective terms; which
decision shall be notified to the said commissioners by a
written statement, signed by the clerk of said city, which
shall also be entered of record on the books of said com-
mon council; and at the same time provided bylaw for the
election of water commissioners lor said city, or, in case
no such election shall be had, then on the first Tuesday in

Howtfoo.twj. May, 1857, and anriually therealter, there shall be elected,
by the qualified voters in said city, in the same manner
that elections are made of mayor, one commissioner, to fill
the vacancy occasioned by tiie termination of the terra of
one of the said commissioners under this act. All com-
missioners elected subseqtient to said first election shall
hold their office for the term of three years; and in case of
the death, resignation or removal otany one of the said com-

Taoancy filled Dy missioncrs, the vacancy shall be filled by the elect. on, by the
**^*^** common council, of some citizen of said city, duly quali-

fied and resident as aforesaid, who shall have power to act
as such commissioner until the expiration of the term of
the said commisnoner in whose place he is appointed.

May borrow, from § 3. The Said Commissioners shall have power to borrow,

tlmotollrn^.not /-,. .,• ^i iiii j-i.

«;oeaaing$6oo,- from time to time, as they shall deem expedient, a sum,
"**• not exceeding five hundred thousand dollars, upon the credit

of the said city of Chicago, and shall have authority to is-
sue bonds, pledging the faith and credit of the said city for

95 1855.

the payment of the principal and interest of said bonds; "ay i^iut ijonds
which bonds shall i>sue under the seal of said board of uuu vit'jge^h*
conimi^sioner.-, and shall be signed by them, and may be ^'''''^of "'««'*»•
payable at such place, and in such currency as they shall
deem exj)edient, and bearing interest not exceeding seven interest not to
per cent, per annum. And it shall be the duty of said ^^xc«<!d seven per
commissioners to keep an accurate register of all bonds shaii Keep record
and all interest coupons issued b} them, showing the num- I^c.^and Biat«
ber, date and amount of each bond and coupon, to whom IrictTstued I'uu
payable, and on aLCount ot which sewerage district the funush cop? w
same was issued, and to whom the same was issued; and
it shall also be their duty to furnish to the clerk of the said
city a copy of such register, as soon as the same is made,
which shall be preserved by said clerk, and copied into
the records of said cit); which said list shall particularly
specify the bonds and coupons issued for each respective
sewerage district : Provided, thcit the said commissioners Notseiuoyieidn
shall not sell tiie said bonds, whatever rate of interest the per*" cent.rno*
same may bear, at a rate which will yield over seven per proee° ty'^a mal
cent. i)er annum : Prodded, further, tliat no bonds shall joruy ot an, an«i

b' , -11 ■ 1 I 1 1 I 11 mayor and clerX

e issued until the common council shall nave approved oi 8igu and teai,

such issue, by a vole of a majority of all the aldermen by ^nci^we*" ''*

law authorised to be elected : %/ind provided, that all bonds

issued, before they shall be binding upon said city, shall

be marked "approved" by the major and clerk of said city,

under the seal of said city, and that such signature and

seal shall be conclusive evidence to the holders of said

bonds of the fact of such approval.

6 4. It shall be the duty of the s«id commissioners to ex- commissionerBi*

1 -J 11 .. 1 .. i jL ii 1 cxftminpallmat-

amine and consider all matters relative to the thorough, ters relative to »
systematic and etfectual drainage of the city of Chicago, lemTtiodraiJJg*
not only of -surface water and filth, but also of the soil on of snrfaoe and
which said city is situated, to a sutlicient depth to secure
dryness in cellars and entire freedom from stagnant water,
and in such manner as best to promote the healthfulness of
said city.

§ 5. The said commissioners shall have power to oifer May offer rewa«»
rewards for the best system of drainage for said city; to veVtue'^^to!'**'
call the attention of scientific men to the subject by adver-
tisement of such rewards in the papers of other cities of
the United States, and in foreign papers; and generally to
do whatever, in their judgment, shall be found necessary
ox desirable to obtain the benefit of all the information and
experience on said subject which is to be had.

§ 6. The said commissioners shall have power to em- May employ ««-

1 • 1 1 ,1 • gineersjBurvey-

ploy engineers, surveyors and such other persons as, in or.s,&c.
their opinion, may be necessary to enable them to perform
their duties under this act; also, to purchase such books, ^^^^ pnrchaw
charts and other works as may be found necessary or use- make'surreyi.

1855 96

fill, and to cause sucli surveys to be made of said cit}' as
may be required.

fhreo sewerage § 7. Tiiere sliall bc three -ewerage districts in said

districts. cit}, correspjridiuj^ to the three divisions of ihe city, which

districts shall be known and des gnated as south sewerage

jMraisedineach dislrict, north sewerage distiict and west sewerage dis-
•eparate aistrict ^j.[q^-^ g^j ^Ijg entire amount of tdx raised in each of said
districts, as hereinafter provided, shall be expended ia
such district, and the accounts of the receipts and expendi-
tures for each district shall always be kept separate and
distinct from the other districts.

To fix on plan for § 8. It shall be tlic duty of the said commissioners, be-
entire district f^j.^ entering upon the construction of any sewer in either

before commen- o i _ J _

•tas- of said diitncts, to hx upon a plan or system ot sewerage

for said entire district, of f uch a nature that all the subse-
quent sewerage of said district may be executed upon said
plan : Provided^ ahoy tiiat the respective sewers wliich
are constructed under this act shall be constructed in such
manner that every sewer, so far as built, shall be capable of
beneficial use, independent of the further extension of such
sewer, or of the construction of any other sewer or sewers.
After fixing ou § ^- After the said commissioners shall have fixed up-
pian for entire on a plan for the sewerage of either of the said districts,

district, bhall , ',,. ii-ii • c \t -ii • ^ •■ c

publish, Willi they sliail puolisli tlie same, in luil, with the estimates of
•stimate, maps, ^j^^ ^^^^ tiiereof, and with such drawings, plans, maps and
explanaiions as shall enable the public to fully understand
the same, and shall cause copies of the same to be circu-
lated in the said city.
.^ S 10. The commissioners shall cause to be printed with

Sball give notice o i i . i c • s

that they ^yill g^jjj plan, and also in the corporation newspaper of said
ebjectious lur cilv, a notice, to the effect that the said board had fixed
thirty uaya. upon the Said plan of sewerage specified in said printed
publication, for the said district, and would receive writ-
ten objections to the same at an)' time within thirty days
after tiie date of said notice.
Any person may § ^^' ^uy pci'son, whether 3 citizen of said city or not,
flie oDjeciions ghall havc the right ot filing with the said commissioners

and bu?g' .St Im- . i • 4- xi • i i ^ • ^i • i

provements to written objectious to the said plan, stating therein the na-
'*'"'■ ture and reasons of their said objections, and may also

suggest improvements to said plan.

6 12. It shall be the duty of the board to report, offi-

Beport plan . ^,, , i .i j 4.- r xi • j i

adopted to com- cially, to tlic common council the adoption ot the said plan,

S^neriilTn!' "° and to send a copy of the same to them immediately upon

the publication thereof; and the common council shall,

thereupon, take the same into consideration, and subject

Oounciimaysnb- ^^^ Same to the examination of one or more engineers, or

ject same to rx- mechanics, if they shall deem expedient, and shall return

aminalionof i-n- , . , , , •' ^- i i j -^i • i.u -J

gineers or me- to the said board, as soon as practicable, and witnm the said
chwicB. thirty days from their receiving a copy of said plan, a state-

ment, in writing, properly attested, of their objections to

•97

1855.

the same plan, if any, or of any alterations and improvements
thereof, which they may deem desirable : Provided^ that
an » xtension of the time for making such objections, ^'o a
period not exceeding sixty days, shall be allowed by said
board, il so requested, at a regular meeting of tlse council,
by a vote of two-thirds of the members present at such
meetii g.

§ 13. After the expiration of the time limited for making
objections to the said plan, the said board shall revise and
reconsider the same, with all the objections, if any, which
may have been made to the same, and shall thereupon pro-
ceed to adojit or reject or modify the same, as they shall
find necessary or advisable.

§ 14. If the said board shall, upon such reconsideration,
find it necessary or expedient t j reject the said plan so pub-
lished, as aforesaid, tiiey shall, forthwith, prepare another
plan, which shall be published and subjected to the same
course of objection and revision as herein provided for the
first plan, and so on, until some plan, so published, shall be
sub-'tantial!y adopted by them : Provided^ however, that
the said board sh ill be at liberty, after receiving said ob-
jections to Said published plan, to modify and change said
plan in such a way as to obviate any of the difficulties sug-
gested, without causing tlie said amended oi altered plan
to be submitted to the public for further objections.

§ 15. In case the said board shall, after receiving the
said objections, make any material alteration in said plan,
but not of such a character as to amount to an entirely new
plan, they shall, forthwith, report the said plan, so altered
and amended, to the common council, who shall, within
ten days, report in writing to the said board their objec-
tions, if any, to said amended plan; and the said board shall
thereupon reconsider said amended plan and said objec-
tions, and may adopt or reject the same, or make further
changes therein; and such course siiall be pursued until
the said board shall adopt, without material alteration, the
plan as by them last submitted to said common council. It
being the intention hereof that every essentially new plan
proposed shall be submitted to the examination and objec-
tions of the citizens of said city and of the common coun-
cil for thirty days, and that every material change f»r im-
provement of such plan, not amounting to an entire change
of plan shall be submitted to the examination and objec-
tions of the common council, for ten days, and so on until
the said board shall, after such revision and objection,
have adopted the plan as proposed or amended, without
further material alteration; but the final responsibility of
adopting a plan, shall, in all cases, rest upon said board,
and it shall have the righl to adopt any plan which it shall
decide upon, notwithstanding the objections made thereto,
21

Time may be c%-
ttndeU to slxiy
days.

Board revise ar.d
adopt, reject or
madil V Kamo.

If plan be rejctl-
ed, Prepare and
puill^li anotlK r.
or alter, anion*
or modify.

But shall roport
such ameimed
pl'in to common
coniicll, who
shall, within tin
dnys, report lo
board their ob-
jections to (flan-
ges, and so on.

New plans to b«
submitted to
pnlillc thirty
days, and

amended one*
to council ten
days.

The board at last,
however, to take
the responsibili-
ty of deciding.

1855. 9»

if, after giving (lie saiJ objections such consideration as

saici board sliail deem requisite, the said board shall deem

said plan the most expedient.

Oil adoption of ^ I G. After Said commissioners shall have adopted •-'.

ui8tnc°!in"yali- pla" ot' Sewerage for any sewerage district, they may, ix

vcriise ai.a let [\^f,\j, discretion, advertise for j)roposals to let out the

t)v contract, ho ^ ' II

contractor ghaii work on coutracts, OF may cause the same to be done un-
ni'^''work''?s ap- der their own immediate direction : Pruiic/ed, however^
«nSer?'''"' that in all cases the work shall always be subject to the
superintendence and direction of the engineer of the said
board, and no contractor shall be entitled to demand com-
pensation for any woik executed by hith, or to recover for
the same in any form of action, unless such work shall have
been approved by 'he chief engineer of the said board, or
by some person by him or by said board of commissioners
substituted for said purpose : Provider/, J'xirtlier, that the
first construction of the main sewers, shall in all casts be
offered at public letting.
After adopting § 17. The Said board shall, after the adoption of a
trfc't/mry^if^ue plan of scwcrage for any district, have power to issue, in
bonds for ani't. manner herein before provided, tlie whole amount of bonds

to complete I >

work. which shall be required to defray the cost of the execu-

tion of said plan, or such parts thereof as they shall deem
expedient; such bonds shall not run for more than twenty-
five years.
Board to report § 18. It shall be the duty of tlie board to report to the
•%'^wcn't'yT/ys common council twenty days prior to th'^ time fixed by
prior to ordi- ^[jg ordinances of said city for the assessment of taxes, the

nance. i ■ i -n i • i i . , . ■

amount which will be required to be raised in each sewer-
age district for the municipal year next ensuing, to meet
the payment of interest to accrue, due during said year
on all the bonds theretofore issued, or wi)ieh are during said
year to be issued for the sewerage of the said district.
Board to report 5^9. It shall be the duty of the said board further to

atsaaip time the iiii -liii^- ]• "J

•mount neces- rej)ort to the common council at the time named in said
year or'^to com- ^^st sectioii, such amouut a5 they shall, upon calculation,
pietepian. fif^d uccessary, in order to provide a sinking fund for the
liquidation of the bonds so issued as aforesaid at the ma-
turity thereof: Provided, that the amount V) be raised
for such sinking fund shall not exceed two per cent, of the
amount of bonds theretofore issued, and which are during
said year to be issued for the sewerage of such district.
Board to report § 20. The Said Commissioners shall also report to the
»imcii.'^°"""°" said common council the sura which will be by them re-
quired to pay salaries and incidei.tal expenses, for the
payment of which the said commissioners shall nut deem
it expedient to issue bonds, and which amount shall be ap-
portioned by them equally between the said districts.
Such required § 21. The amount which shall be so reported to the
^^Sby»^ciM common council, as required for each sewerage district,

1865.

as provided in said last three sections, shall be raised by
the said common council by a special tax on the property
of the resp'ictive sewerage districts, tor which the sum is
required, to be designated sewerage tax, which shall be
collected in like mann t witli the other taxes of said city;
and the said amount shall be paid over by the collector of
said city to the said board of commissioners.

§ 22. It shall be the duty of the said commissioners
to pay the interest on such bonds as the same becomes
due, and also the principal as the said bonds become due.
§ 23. It shall be the duty of the said commissioners to
invest the amount raised, to provide a sinking fund for the
liquidation of said bonds, which amount shall be first in-
vested in the purchase of said bonds if they can be our-
chased at or below par; if not, then in United States or
state government stocks, or upon bond and mortgage up-
on unincumbered real estate in the county of Cook, of at
least double the value of the amount loaned, un er the
direction and approval of the mayor and committee on
finance of the common council, or a majority of them;
such approval to be signified in writing, under the hand
of such mayor or finance committee, or a majority
of them; and also to invest the interest received upon such
loans in like manner, and to invest and re-invest the same
and the interest tiiereof in such manner as to create and
constitute the same a sinking fund, and to make the same
available for the liquidation of the said bonds. At the
time of the maturity thereof such investments shall be
made in the name of the said corporation, and shall be desig-
nated as the sewerage sinking fund, and shall in no case
be used or appropriated for any other purpose whatsoever
than the liquidation of the said bonds. The semi-annual
report of said board shall specify in full the nature and
amount of the respective securities in which the said
sinking fund is invested.

§ 24. If from any cause the said commissioners shall
not have the amount necessary to pay the said bonds when
due, they shall have the right to issue new bonds, in man-
ner hereinbefore provided, for such amount and at such
time as they shall deem expedient, in the place of the old
bonds so becoming due as aforesaid, the old bonds to be
canceled on the registry thereof, and the said new bonds
to be recorded as hereinbefore provided.

§ 25. Each commissioner, before entering upon the
duties of his office, shali give bond to said city in such

I sum and with surety to the satisfaction of the common

[Council of said city, conditional for the faithful perform-
ance of his duties as such commissioner; the amount of

[which bond may be increased at any time, as the said

Icommon council may deem expedient.

tax on each dls-

oa each district .

Board to pa.^
ill I e est on bonds
and principal
when Uua.

Board to invest
sinking fund.
re- Invest for
payment of

bonds; sucli In-
vestment to b«
made in the
naiMO of tii«
boaril, to b»
stated in soral-
aniiual reixtrt.

If the board shall
not have funds
nece;8ary t<jpaj-
bonds, when
due, may isBoa
new bonds.

Each commis-
sioner shall give
bonds with Biir)>^
ty.

1855. 100

Board may pnr- § 26. Said commissioners shall have the power to pur-
ewcuuciU)n?M- chase such lot or lots, in the maimer hereiubetore pr>)v;ded,
iwn»ry"as may ^"'^ *o ^'^"^^''"^^ sucU buildings, machinery and fixtureg
be accessary, as shall be deemed necessary to effect the objects for

which the said bi)ard is constituted.
M«y construct ^ 27. Said Commissioners shall have power to con-
g7w"rs"or.ir:ii'i"is struct rcservoirF, and to lay sewers or d/ains in and
i'treeu."^^^""^ through all the alleys and streets of said city, and also
across all rivers and streams, not interfering with the na-
vigation of the same, and through any or ali breakwaters,
into lake Michigan, and also in any highways in said coun-
ty of Cook, whether within the limits of said city or not :
Provided, that it shall be their duty to repair the streets
and alleys Kpon the completion of such drains or sewer's,
and to arrange the sad drains and sewers with respect to
the water and gas pipes in such manner as the council
shall by ordinance direct.
oo8t of rirains, § 28. Tlic cost of the private drains and sewers con-
witr'^"sl\ver.! neciing the respective lots in said city with the public
speriii cii.irge gewers, shall not be included in the estimafe of tlie cost of

on lots bnnetu- , , , ^

ttfd. the general plan or sewerage, but the same shall be a

special charge upon the lot or lots for win se bericfit such

private drain or sewer shall be constructed.

Board shall pre- § 29. It shall be the duty of tlie said board to pre-

!l!?!!',!'^J"-^fl'",'!' scribe the location, arrangement, Jorm, material and con-

mar.Der of gou- _ ' o ' '

»triict!»n, do., structiou of evcrv private drain or sewer emptyinn: into

j.-atn.' the said public drains or sewers, and to determine the

manner and plan of such connection; and the work of

constructing the same shall be in all cases subject to the

superintendence and conirol of the said board, and shall

be executed strictly in compliance with their orders.

Hoard to sec that § ^O. It sliall be the duty of the said board to see that

lloA ' draiP- pi'f>P6r draius or sewers are constructed from every lot

1 luto public in the said city, which in their judgment requires it, and

that sucli private drains or sewers are made to cominuni-

ca*^e with the public drains or sewers in a proper manner;

and they shall [have] power to require sucii number of

drains or sewers to be thus constructed as they shall deem

expedient.

Notice to be given § 31. The Said board shall give notice in writing to

wh°pT" "^privatc ^he owucrs of the respective lots, in or for the benefit of

demi^ ""^^ "'■' which they deem it expedient to have private drains or

specitii-ations to sewers coustructed, if such owners are known and reside

examination, in Said city, and if not by a printed notice, [Uibiished for

thirty days in the corporation newspapers, specifying the

description of the lot or lots, in which, or for the benefit

of which, such drains are to be built, and notifying the

respective parties in interest (naming them when their

names are known, and if unknown, designating them as

the unknown owners of said lot,) who desire to construct

pro
sewer

101 1855.

?aid drains for themselves, to appear at the office of the
boaid of commissioners! and receive the necessary in-
structions and speciications for tlie execution of said
work : Provided^ that during the said thirty days it shall
be the duty ot said board lo have at their otfice, ready for
examination of the parties in interest, the specitication of
the work referr-jd to in said notice.

5 'i'l. In case the party in interest shall fail to go on Parties failing «

b i J y c \ • ] c \ make said drains

with the execution of the said work lurthwitu, alter the att.T so day«»

fi i.i'iiii- i. iiolice, board

expiration of the said thirty days' notice, or prosecute ,„^y proceed
the s-ame in a manner satisfactory to said board, it shall ""h^amc-.
be lawful for the said board, or their agents, to en^er upon
any of said lot or lots, and to costruct thereon such drain
or sewer, and for that purpose to have free ingress and
egress upon said lot or lot?, with men and teams, and to
de[)Osi'^e al tiie necessary building materials, and gene-
rally to do and perf irm all things necessary to a complete
execution of the work.

6 33. After the completion of such i)rivate sewer or oncompietionof
drain, the saiil commissioners shall make out a repoit to afttins,board t«

, . , • i- • A 1 i. J j V. report tlie cost

the common council, spccitjing the amount expended by and lois to be
them in the construction uf any private drain or sewer, s;^"i''''r,'-,^rt' \V,
and the description of the lot or lots to wliich the said i>av« f ame effea

1 • I 11(1 ""^ strett corn-

cost and expense are ciiargeable, winch reijort slial! nave missioiier's re-

.1,1 IV . • • 1 ii !• c • ] •* i port lorl.ailUing

the like effect as is given by the ordinance ot said city to walks.
the rt'port of the street commissioner, of the expense in-
curred by him, in the construction of side-waiks, and the
common council shall, upon the receipt of such report,
take the same proceedings for collection of the a nounts
due for such drams or sewers, as or may hereaflerbe pro-
vided by the ordinance of said city for the collecliju of the
amount due for side- walk assessments, when reported as
aforesaid, and the amount when collected sliall be paid
bvei to the said board.

f 34. The said board shall appoint some other person Board to appoint

* ,,,,,'' . 1? . 1 ■ st-'cretary and

to act as secretary, and shall also appoint oneoi their own treasurer.
number to act as treasurer of said board.

5 35. It shall be tlie duty of the board to make report ^card to repert

•'.. •' M-'j*!. • semi-annually

in writing, to the common council t)t said city, semi-an- tocuuncn. pro-
nually, which report shall embrace a detailed statement of ^'xp^ndi'mnZ^'
the proorress and condition of the work entrusted to them, ^-^c., veriiied br
as Wfll as a statement ot the funds and securities of said
corpoi'atioii, and all debts owing to and from said corpo-
ration, together with an accurate account of their exjjendi-
tures, which statement sliall be verified by said commis-
sioners under oath, and siiall be entered of record bj the
clerk of said city, and published in the corpation newspa-
per of said city.

§ 36. The salaries of said commissioners, and also of salaries <.f com-

•> 11",' • 1- • 1 1 ] 1 11 L £ missionrrs, see-

the secretary and chiet engineer ot said board shall be nx- retary ana chief

1856. 102

engineer to j.e ed bv tlie commoii council of said city as soon as may be

lixed by council ^ .1 <• ii ■ ^ i 11 it c, J

annually. aflcr tlio passBge ot tins act, and annually tlierealler, and

the amount of salary of either one of said commissioners

shall not be changed during tlie year for which the same

was fixed as aforesaid.

Materials under § '61. All materials ])rocured or partially procured,

fTomattachm'nt "ndcr a coutract with the commissioners, shall be exempt

Hoard may be from attachment or execution, but the comniissionei.-: may

gar«Jsheed as ' 1 1 • * • *U

Hi other cases, be Served as garnishees, and proceeded against as m oth-
er cases of attachment, and shall in such case retain the
amount due to the coiitractor against whom said attach-
ment or execution issued, and dispose of the same ;'.s ad-
judged by law, and such payment shall apply as a payment
on such contract.
Ke commi6sion(>r § 38. No One OT more of said commissioners or any of
«tea ^n'"au'^y ^'^^ officcrs of Said board nor any member of the common
contracts. couucil, during the term for wiiich they wen- elected,
shall be interested, eitiier directly or indirectly, in any
contract entered into by said board with any other person,
nor in the purchase of any material to be used or apj)lied
in or about the uses and purposes contemplated by said
act.
Commissioners § 39. The said commissioners, or either of them, may
Tndicro^f ciram be removed from office by the judge of the circuit court
courtorconvt ot qj, iudnre of the court of commou ijleas of Cook county,

common pleas Jfn 1 -i-i

by petitiun uoon petition addressed to either ot said judges at any

from council. ' 1,1 •\ c • si ■ l a-ii "- • 1 . •*

time by the common cauncil ot said city. Ihe said peti-
tion shall be voted by a majority of all the members of
said council, and when presented to such judge shall be
accompanied by specificatioi s of the chargts made ag;iinst
said commissioners. No technical form sliall be required
for the s^id statement of said charges, so that the same
are stated in such form as to be specific and intelligible.
The judge to whom said petition is addressf.d, upon pre-
sentation of said petition, shall order a coj)y thereof to be
filed in the court of which he is judge, and notice of the
filing thereof to be issued I'orthwith b\ the clerk of sfiid
court to said commissioners, and that the same would be
taken up in twenty da}S after the service ot suih notice
upon said commissioners. The said judge shall sit as a
special commissioner to try said chaige : and the course
of jiroceedings in such trial shall be govni ned by the gen-
eral rules of procedures in the trial of mi'^deineanors in
NoMry allowed, the courts of tlus state, excepting thai no jury shall be
allowed. Evidence shall be given orally or by deposition
as in ci\'il cases, and the said commissioners may be in-
terrogated upon oath, touching the matters contained in
said ch-Tges; and if it shall ai)j)ear to the satistaction of
the said judge that the said commissioner or commission-
er>, charged as aforesaid, have been guilty of malfeasance

103 1856.

in office or of any breacli of duty, either of commission or
omission, under this act, whicli shall have been charged as
aforesaid, the said judge shall order the removal of such
commissioner or commissioners; and if the said judge si all
for any cause remove any one or more of said commis-
sioners from office before the expiration of their term of
office, the common council shall thereupon appoint a com-
missioner or commissioners in the stead of those so re- vacancies to b
mo\ed, who shall fill such office for and during the un-
expired term of such commissioner or commissioners so
removed : Pruvidtd , further^ that the common council council mar re-
shall have the right to remove the said commissioners, or "uniir ''or*'"en-
either of them, or the chief engineer of said board, by a th",';i7vou!*'"
vote of two-thirds of all the aldermen authorised by law
to be elected; and in case of such removal, the said com-
mon council may e! ct one or more commissioners to fill
the unexpired term of the commissioner or commissioners
so removed.

6 40. The said commissioners are hereby authorised ^°"''""-^ ^"*"

^ J upon ary ian<l

to enter upon any land or water for the purpose of makine "' ^'^^^'^ f"'

. *■' i- .1 1 il • 1 L tiurwy, allou-

surveys or constiactujg any oi the work authoiised by ■n:- o.nipinfa-
this act, and to agree with the owners of any property u,"ieu!*^"'""'*
which may be required for the purpose of this act as to
the amount of compensation to be puid to such owner for
the property so taken, or the amount of damages to be
paid to such owner or owners by reason of tie construc-
struction of any of the work iiereby authorised.

§ 41. The said commissioners are authorised to con- *^*y , <^o°s"'«ft

canals, sewpib,

struct su'Ji canals, ditche.?, seweis, embankments, reser- ^i^-' '" "'■ on;

i I Til c "i Of tbe city.

voirs, or other works as tliey may rmd necessaiy or us'i-
ful ior the cai rying out of the purposes of this act. whether
the same are to be made within or without the limits of
said city.

§ 42. In case of disagreement between the commis- A!ay piucrci i«
sioners and tlie owners ot property whicli may, in the pci y in caees
judgment of said commissioners, be required lor any of the
purposes Sj)ecified in this act, as to the amount of compen-
sation to be paid to such owners, or in case any such own-
er shall be an in'ant, a married woman, or insane, or ab-
sent from this state, or in case of disagreement between
the -iaid board and any owner or owners ot property
touchiig the anujunt of damages arising from the con-
struction of any part of the work hereby authorised, the
sail! board shall have the right to condemn said proj^erty,
or to have the amount of such damages as ascertained, or
both, and the proceedings for the condemnation of such
property, or tlie ascertainment of such damages, or both,
shall conform as nearly as may be to those specified
and pro\ide(l in the act entitled, "An act to amend the
law con lemuing the right of way for purposes of internal

of disagreement
villi uwacrs
thereof.

1855. , 104

improvement," approved June 22, 1852, and the act or acts

of which tlie same is in amendment.
vopL-raonto In- § 43. No person shall willtiiUy or maliciously obstruct,
iewe°s oi^mate- damage or injure any public or privnte sewer or drain in
rials, &.C. ggj(j city, or willfully injure any ot the materials f mplo^ed

and used in said city for the purposes specified in this

act.
All contracts to § 44. All contracts for materials or for constructicm
two fc^pi'^Jn,,"';' of tlie work sliall be made in writing, and of each con-
iTrl'^a, one tiled ^''^^t two copies sliall be taken, which shall be numbered
*"*i^ ""'•^f '■«- and indorsed, with the date of the contract, and with the

•wrded in book. <• i ■ i

names or the contractors, and a summary or the work to
be done or materials to be furnished, ore copy of which
shall be retained by the said commissioneis on file in their
office, and the other copy of which shall be r(>corded in a
well bound book, to be by them safely kejjt in their office
for that ])ur|)ose.

Pubik- nouj:(8 of § 45. Public notice shall be given of the time and
«i"rso<iio/pvo- place at which sealed proposals will be received for en-
w bt'letr '^""^ tering into contracts, and all sealed proposals for contracts
sliall be for a sum certain as to the piice to je paid or re-
ceived, and no proposition which is not thus defit ite and
certain, or which contains any alternative, condition, or
limitation as to price, shall be received or acted upon.

»ut one proposal 5, 46. Nq more than one proposition shall be received

1 rem one person. „ ^ r ! i ii i

rrom any one person tor the same contract, and all the
j)roj)ositions of the person offering more than one shall
be rejected.
All cor.tractors § 47. Evcrv pcrsou wlio sliall enter into inv contract

to give secBrltv /. .i i /• ^ • i i ,> * £> i i

ror perr.,niiance lor the supply ot materials, or the performance ot labor,
shall give satisfactory security to the commissioners for
the faithful peiformance of his contract according to its
terms.
i!.r:ird to rosuiate § 48. The Said commissioners sliall have power to
privfes', ''clean- Tegulatc the coiistructiou of privies, and the manner of
uc. "-"^^^ """'''' cleaning the same, and to construct and regulate the con-
struction of ce5S-pools, and provide for the proper drain-
ing of privies and cess-pools, at the cost of the propiietors;
the niode of collecting such cost to be the same, substan-
tially, as is provided in section 33 hereof.
Roanito employ ^ 49, The Said CO muiissioners shall have the rig:ht,

scavenfiers and i • i ii i i i • i i i- i i i

carts to remove and it Shall slways be ttieir duty, when directed by the
•treets, aiiey^, common couucil as hereinafter provided, to employ in
and enclosures, eacli seweragc district, such a number ot scavengers and
scavenger's carts as may be necessary to remove all
filth from the streets and alleys of <!aid city, and from the
premises and enclosures of the citizens, and for that pur-
pose may enter upon any yard, lot, or other enclosure,
and remove any filth, garbage, or noxious matter there-
fjom: Provided, that the said work shall be done by said

105 1855.

commissioners tinder the direction of the common council
of Sdid city, and in conforinity wilh ordinances to be by
the said common council passed, resj)ecting the same, and
shall be |)aia for out of the same fund as tiie said work is
now j)aid for, according to the charter and ordiriances of
said city : Provi/fed, that no power shall be exercised by
said board under this section until "an ordir ance confer-
ring such power, and specif} ing the mode of its exeicise
shall have been passed by the common council, if said
common council shall deem it necessary so to do.

6 50. No account or claim against the said board shall ^'•■"'"s net ai-

i_ n 1 • • 1 lowed.

be allowed except by a vote of a majority of the said
board.

5 51. No member or officer of said board, and no mem- ^'^ member or

l-£-ii -iiii-.i 1- 1 ••!' officer of board

ber ot the <onunon council shall, eitiier directly or indi- or common
rectiy, receive any interest or profit whatsoever on ac- ceiTe'^benrri'^'jc
count of the deposit of any of the funds belonging to the p|t"'L°" ''*^''*'
said board, nor shall any member or officer of the said board,
0/ any member of the common council, either directly or
indirectly, make use of or borrow any of the funds of said
board or of the said sinking fund for his own private bene-
fit or advantage. The funds of the said board rtmainiiigon
hand shall, at all times, until dispoj:ed of, be kept deposi-
ted in such place or places of deposit as shall, by an order
of said board, be directed; which order shall be entered
upon the records of said board : Provided, however, that ^'''''^ '^' depos*

11 1 f J 'i. 1 II /2 i. I 11 *'^ "^"^ approved

such place or places or depo'^it shall first be approved by bycouccii.
the common council : And provided^ Jurther^ that when-
ever the said common council shall j)ass a resolution dis-
approving of such place or places of deposit, it shall be the
duty of said board forthwith to select other place or pla-
ces of deposit for said funds, such as shall be aj)proved by
the said common council. And if either of tine commis-
sioners or my o the officers of said board shall, directij or
indirectly, receive or apj)ropriate for his own use or
bene;fit, any of the funds, money or pro[)erty of the said
board or of the said sinking fund, or any of the interest
thereon, or shall take, ])lt(!ge or borrow any of the ^aid
funds or property of the said board or of the said sinking
fund for his own use or benefit, such commissioner or such
officer of said board shall be deemed crniltv of embezzle- ^'"^ andimprw-

j ,,,,,., , • 1 • ° , . onment for em-

ment, and shall be liable to indictment, and on conviction bezziement.
thereof shall be fined not exceeding one thousand dollars,
or imprisoned not exceeding one year in the county ja 1.

S 52. The said commissioners shall have the power and ^°"''<' ™»^

•x I II L 1 • 1 1 II • I 1 /• t'bance prade of

it shall be their duty to make such cli;inges in the grade of streets, aiieys,

streets and alleys, and in the construction and arrange- oi^*a'nu"b/trnot

ments of the gutters along the same as shall serve etiVctu- ^omanceof'd»''

ally t.T 'arry out the purposes of this act, and to cause a ty, approved tr
rapid and eflfectual removal of the surface water from the

1855. 106

same, and to tins end may enter upon, u«e and obstruct
tlie said street for sueli time as may be necessary to elfect
the said object: Provided, that no sucb cbau^e of grade
in any street or alley sliall be made until the comm n coun-
cil have first approved of such change.
May make a<ifii- ^5!. The Said board, wliile cousti uctipcf the Said d I Hins

llonal drains to ' i • • ' • i i i i.

•oQiiect private or seweis, BS herein |)rovidea, may construct such .; idi-
^'a?g(>d'^°t» lot's t ions to tile same as they shall deem expedient to tiniiish
iwuefitted. ^],g proper plans of connection with the private drains or
sewers to be thereafter constructed; and the cost of such
additions may be chargpd and assessed as a part of the ex-
pense of said private drains or sewers connecting there-
with, when such private drains of sewers shall be con-
structed, and shall be chargeable to tlie lot or lots for the
benefit of which the same are constructed, and collected
in the same manner as htreinbelore provided for the col-
lection of the cost of such private drains or sewers,
•ommon conncii § 54. It sliall be the duty of the common council to fix,
uonai penalties ^.V Ordinance, the penalty to attach for the violation rl' any
^°j ^'°'"'°° °'' of the provisions of this act not herein specified; wiiich
penalty may be enforced in any court ha\ ing jurisdiction
of offences against any of the ordinances of said city.
Bo«rd may raise § 55. The Said board shall have 'he power to raise, by
or^comfcii 'may loan, upou the Credit of said city of Chicago, with the ap-
bXd, '""'** '"' proval of the common council, such sum or sums as t/ie}'
may, from time to time, require, prior to the receijis of
the fiist money derived from the sale of bonds, as lurein
provided, for preliunnar) expenses incurred by them prior
to the commencement o( the sewerage hereby authoiised;
or the city council may appropriate to the use of said hoard
such sum as t'ley shall require, as aforesaid; and in case
the same shall be appropriated by the city council, the
amount so appropriated shall be refunded to the city treas-
ury out of the amount received from the first sale of bonds,
or of the first sewerage tax next thereafter collected.
Board to report § 56. The board shall further report to the cotnmon

tx council, a- •■ • it,- , i , • i i • • , r^

mount 1.. he pall councii, lu audilioi. the amounts provided in sections 18,

to be"^ ralltd'iiy ^^ '^"d ^'^ wliat, if aiiy, sum is required during said year

t»x orioan. jrom eacli sewerage district, to meet the payment of any

of the principal of the said bonds falling due in said year,

and not otherwise })rovided for; and it shall be the duty of

the common council to make provision for the })ayment of

tile same by taxation, or by loan, or by the issie of the

bonds of said city, and to that end they may issue such

amount of the bonds of said city as shall be requisite for such

purposes.

funds of board § 57. The fuuds of the said board shall be drawn out

to he drawn on ^ , , j r^. l I L l i i I ^

cbocts or drafts upon chccKS Or draits, regularly numbeieo, and payable to
the order of the respective person or persons for whose
benefit the same are intended, and briefly specilying for

107 1855.

what purpose or account the same are drawn. A careful
register of said checks or drafts shall be kept in the office
of said board, and the orin;iiial checks or drafts, when re-
turned to said board, shall be carefully filed and preserved
among the vouchers of the said board; and the said regis-
ter and tlie said returned checks or drafts sliall always be
subject to the examination of the finance or any other com-
mittee of the said common council; and it shall be 'he du-
ty of said finance committee, or of some other committee
appointed by the common council, to examine the said re-
gister, and the cash account and checks and dra^'ts of the
said board, at least once in three months, and oftener if
tile commoti council shall deem it expedient.

6 58. The chief engineer in the employ of the said board chief engineer

1 II -1 • I • " c r^^ • j l ll • 1- ,- to reside in Chl-

filiall reside in the city or Chicago, and shall give nis entire cat:o, to employ
time and services to the duties of his said otfice; and said wuhourperirib-
engineer shall employ no assistant who shall not first have """"'^ ^''*^'''
been approved by a vote ot said board; and the said engi-
neer, or any of his assistants, may at any time be dischar-
ged by a vote of the said board.

S 59. It shall be the duty of the said commissioners to Board to keep

J -'. ... ,1 books and ac-

keep books of account, sliowing, with entire accuracy, the counts of ex-
amount of receipts and exj)enditures of each sewerage dis- ^^^ ' ^^^'
trict in such manner as to enable the same to be rea lily
understood and investigated, and also, to car'^fiilly pre-
serve on file in their office voucheis for all their expendi-
tures; which books and vouchers shall at all times be open
to the examination of the finance committee of the common
council, or any other committee appointed by the common
council for such j)urpose; and it shall be the duty of the
said finance committee, or any special committee appoint-
ed for such purpose, at the time of the yiresentation <»f the
semi-annual report of the said board to the council, as here-
in provideil, to make a thorough examination of the books,
accounts and vouchers of the said corporation, and to re-
port in writing, to the common coimcil, the results of said

investigation

§ 60. The provisions hereinbefore contained for the ^^e'^'^co^wer^
establishment of a sinking fund shall be denned and taken f".';^ "' *=''"?^'"?*
as a part of the contract with the parties purchasitig said era.
bonds, and shall not be repealed or modified so as in any
manner to impair the security thereby aflTorded to the said
bondholders.

§ 61. The said board may make such provisions and ^,Xrest"'''%/om
arrangement for securing the payment of intereft on the proceeds of
amount realised from the said bonds, and not required by
them 'or immediate use, as shall be coiisi'^tent with the en-
tire security of *he fund, and its availability, for use, when
required : Provided, that such ariai gement shall first be
approved by the common council of the said city.

1865. ^ 108

Act may be ai- ^ 62. Tliis act mav be at anytime altered, rf-neaUd or
amendt'd, and sluill take efft-ct i'join and after its jiassage.
Approved Feb. 14, 1855,

laforoeFeb. ifl, ~ AN ACT to incorporate (he citv of Dpcntiir.

Article I. — Of Buuiufaries and General Powers.

Section 1. Be it enacted by the people of tlie state oj
IfJinuis, represented in t fie General ,isst?n'iti/, Tliat the

Body corporate inhabitants of the town of Decatiir, in the countj of iMa-
*" ""* "^' con, and state of Illinois, be and they are hereby coristitii-
ted a body politic and corporate, by the name and style of
"The City of Decatur," and by that name shall have per-
petual succession, and may have and use a common seal,
which they may cliaiige and alter ai pleasure.

Boundaries. § -• Ail that district of couiitiy embraced within the

following limits, to wit : The west half of section four-
teen, the west half of the east half of section fourteen, the
east half of section fifteen, the east half of the west half of
section fifteen, the southeast quarter of the southwest
quarter < f section ten, the south half of the southeast quar-
ter of section ten, the south half of tlie soutiiwest (]uarter
of section eleven, the southwest quarter of the southeast
quarter o( section eleven, being a district of country one
and a quarter miles north and south, by one mile cast and
west.

DiTide Into wards § 3. The present board of trustees ot the town of De-
catur shall, oi< ihe first Monday of April next, divide the
said city of Decatur into four wards, as neaiiy equal in
population as practicable, particularly describing the boun-
daries of each.

Heal estate to uo ^ 4. Ail real estate within the boundaries of the c''v
of Decatur, whether it be laid out into lots or not, shall be
taxed the same as real estate that is laid out into town lots.

Additions. § 5. Whenever any tract of land adjoining the city of

Decatur shall be laid off into town lots, anri duly record-
ed, as required by l.w, the same shall be annexed to and
form a part of the city of Decatur.

•enerai powers. § 6. The inhabitants of said city, by the name and style
aforesaid, siiall i.'ave power to sue and be sued, plead and
be imj)leaded, defend and be defended in all courts of law
and equity, and in all actions whatever; to purchase, re-
ceive and hold property, both real and personal, beyond
the city, for burial grounds and other public purposes, for
the uie of the inhabitants of said city; to sell, lease and

109 1855.

convey or dispose of property, real and personal, for the
benefit of the city, and 'o improve and protect such pro-
perty, and to do all other things in relation thereto as natu-
ral persons.

Article II. — Of the City Cuuncil.

§ 1. There shall be a city council, to consist of a rnaiyor cuy council.
and board of aldermen.

§ 2. The board of alderman shall consist of oiie mem- Aidermen.
ber from each ward, to be chosen by the qualified voters,
for one year.

§ 3. No person shall be an alderman unless, at the time Quaiiflcationn.
of iiis election, he shall have resided six montlis within the
limits of the city, and shall be, at tiie time of his election,
twenty- one jears of age, and a citizen of the United States.

§ 4. If any alderman shall, after his election, remove oesce vacatwj.
from the ward for which he is elected, his otiice shall there-
by be declared vacated.

§ 5. The city council shall judge of the qualifications, Elections and m-
elections and returns )f their own members, and shall de-
termine all contested elections.

§ 6. A majoi'ity of the city council shall constitute a Q^"^rum.
quorum to lo business, but a smaller number may adjuurn
from day to day, and compel the attendance ot absent
members under such penalties as may be prescribed by
ordiuauce.

§ 7. The city council shall have power to determine Pnnish for disor-
the rules of its proceedings, punish its members for disor- '^'^'^'y '■""'^"<'*-
derly conduct, and, vvitli the concurrence of two-thirds of
the members elected, expel a member.

§ 8. Tlie city council shall keep a journal of its pro- Yew and nayi.
ceedings, and from time to time publish the same; and the
yeas and nays, when demanded by any member present,
shall be entered upon the journal.

§ 9. No alderman shall be appointed to any office un- Appointment or
der the authority of the city which shall have been crea- * "™ec.
ted, or the emoluments of which shall have been increased
during the time for which he shall have been elected.

§ 10. All vacancies that shdU occur in the board of vacancies.
aldermen shall be filled by election.

5^ 11. The ma}or and each alderman, before entering Take ami m\>
upon tiie duties of their office, shall take and subscribe an
oaih that they will support the constitution of the United
States and of this state, and that they «vill well and truly
perform the duties of their office to the best of their skill
and ability, and the oaih prescribed in the twenty-sixth
section of the thirteenth article of the constitution of this
state.

1865.

110

Wo. § 12. Whenever there shill be a tie in the election of

aldermen, there sliall be another election ordered imme-
diately.

suted meciiriKs. § 13. There shall be twelve stated meetings of the city
council in each year, at such times and places as may be
prescribed by ordinance.

• Article III. — Of the ChieJ Executive.

M«ror.

Qaaliiicatlon

Offlc« vacated.

Election o{ mayor
in case of a tie.

§ 1. The chief executive officer of the city shall be a
mayor, who shall be elected by the qualified voters of the
city, and shall hold his office for one year, and until his
successor shall he elected and qualified.

§ 2. No person shall be eligible to tiie office of mayor
who shall not have been a resident of the city for one year
next preceding his election, or who shall be under twenty-
one years of age, or who sliall not, at the time of his elec-
tion, be a citizen of the United States.

§ 3. If any mayor, during the time for which he shall
have been elected, remove from the city, his office shall be
vacated.

§ 4. When two or more persons shall have an equal
number of votes for mayor, there shall be another election
ordered immediately.

§ 5. Whenever an election of mayor shall be contest-
ed, the city council shall determine the same as may be
prescribed by ordinance.

§ 6. Whenever any vacancy shall happen in the office
of mayor, it shall be filled by an election.

Article IV.

(Jaalificatlon
voters.

Proviso.

§ I. The present board of trustees of the town of De-
catur shad, within the present year, 1855, order an elec-
tion to be field in each ward of the city, at such time and
place in each ward as may be appointed by said board, for
one mayor of tlie city and one alderman tor each ward;
and forever thereafter the election for all city officers shall
be held on the first Wednesday of January of each year.
The fiist election for mayor, aldermen and other ofiicers
shall be held, conducted and returns thereof made accord-
ing to tiie order and directions of the present board of
trustees of the town of Decatur.

§ 2. All free white male inhabitants, over the age of
twenty-one years, who are entitled to vote for state offi-
cers, and who shall have been actual residents of said city
six months next preceding said election, shall be entitled
to vote for city officers : Provided^ that said voters shall
give their votes for aldermen in the wards in which they
shall respectively reside, and in no other, and that no vote

Ill 1856.

shall be received at any of said wards unless the person
offering such I'ote sha'l have been ;in actual resident of the
ward where the same is offered at least thirty days next
preceding such election.

Article V. — Of the Legialative Powers of the City Council.

§ 1. The city council shall have authority and power Levyaao coieet
to levy and collect taxes upon all property, real and per- ""*•",
sonal, within the limits of tlie city, not exceeding one-half
of one per cent, per annum upon the tax assessed value
thereof, and may enforce the payment of the same in any
manner, to be prescribed by oidinance, not repugnant to
the constitution of the United States and of this state.

§ 2. The qualified voters of the city in each of the cityoacere.
wards, as aforesaid, and at the time of the election of the
mayor and aldermen, as aforesaid, in each and every year
hereafter, shall elect a city clerk, treasurer, assessor, mar-
shall and all such other officers as may be deemed neces-
sary.

§ 3. The city council shall have power to require of TogiveboiHi».
all officers elected or appointed, and they are hereby re-
quired, in pursuance of this charter, bonds, with penalty
and security, for the faiihful performance of their respect-
ive duties, as may be deemed expedient; and also, to re-
quire all officers elected as aforesaid to take an oath for oath,
the faithful performance of the duties of their respective
offices before entering upon the discharge of the same; al-
so, to establish, support and regulate common schools; to
borrow money on the credit of the city : Provided, that no proviso.
sum or sums of money shall be borrowed at a greater in-
terest than at ten per cent, per annum, nor shall the inter-
est on the aggregate of all the sums borrowed and out-
standing ever exceed one-half of the city revenue arising
from taxes assessed on real property within the limits of
t!ie corporation.

§ 4. To appropriate money and provide for the pay- Appropriate mo-
ment of the debts and expenses of the city- "*"*

§ 5. To make regulations for [to prevent] the introduc- contagioDsdis**-
tion of contagious diseases into the city; to make quaran- ^^'
tine laws for that purpose, and enforce the same within five
miles of the city.

§ 6. To establish hospitals, and make regulations for noepua}*.
the government of the same.

§ 7. To make regulations to secure the general health G«neraiheaitk.
of the inhabitants ; to declare what shall be a nuisance,
and to prevent and remove the same.

§ 8. To provide the city with water, to erect hy- provide water.
drants and pumps in the streets for the convenience of the
inhabitants.

1855. 112

©pen ami reimir § 9. To o|)en, alter, abolisl), straighten, widen, extend,
establish, grade, pave, or otiierwise improve and keep in re-
pair streets, avenues, lanes and alleys.

Bridges. § lO. To establish, erect and keep in repair bridges.

iTArds. § 11. To divide the city into wards, alter the bounda-

ries thereof, and erect additional wards, as ti.e occasion
may r«?quire.

Lighting ttrccts. ^ 12. To provide for lighting the streets and erecting
lamp posts.

jfight watches. § 13, To establish, support and regulate night watch-
es.

iiarkei bouses. § 14. To er 'ct market houses, to establish markets and
market places, and provide for the government thereof.

Public buiidiugs. § 15. To providc for the erection of all needful build-
ings for the use of the city.

Public grounds. § 16. Toprovidc for inclosing, improving and reg-
ulating all public grounds belonging lo the city.

Auctioneers, &c. § 17. To license, tax and regulate auctioneers, mer-
chants, retailers, hawkers, pedlers, brokers, pawn-brokers
and money ctiangers.

Hackney eairia- § 18. To Hceuse, tax and regulate hackney carriages,
*"*■ wagons, carts and drays, and fix the rates to be charged

for ihe carriage of persons, and lor the wagonage, cartage
and drayage of proj)e*'ty.

Porters, § 19. To license, tax and regulate porters, and fix the

rates of porterage.

TUtatricai shows, § 20. To Ucense, tdx and regulate theatrical and other
exhibitions, shows and amusements.

■wppung cousea. § 21. To Testr lin and entirely suppress tippling houses,
dram shops and gaming houses, and bawdy houses, and all
other disorderly houses.

FirM. § 22. To provide for the prevention and extinguish-

ment of fires, and to organise and establish fire companies.

weoden build- § ^3. To regulatc and prohibit the erection ot wooden
luga. buildings in any part of the city.

ohimneys. § 24. To regulate the fixing of chimneys, and fix the

flues thereof.

Gunpowder, &c. § 25. To rcgulatc the storage of gunpowdef, taf, pitcH,
rosin and other combustible materials.

panitioQ fences. § '26. To regul.ite and order parapet walls and parti-
tion fences.
01 weigkts and § 27. To establish standard weights and measures, and
inca;iure3, ^^ regulate the weights and measures t.) be used in the city

in all cases not otherwise provided by law.
Lnuiber. ^ 28. To provide for the inspection and measuring

of lumber and other building materials, and for the meas-
uring of all kinds of mechanical work.
Hay and sione § 29. To providc for the inspection and weighing of
***'• hay and stone coal, the measurement of charcoal, fire

wood and other fuel to be sold or used within the city.

113 " 1866

§ 30. To provide for and regulate the inspection of to- inspection ,>r to-
bacco, and of beef, pork, Hour, meal, butter, lard and other
provisions, and whisky and other liquors, in the barrel oi
otherwise.

§ 31. To regulate the weight, quality and price of "''''^'*" "^ ''^'"'"*
bread to be sold and used in the city.

§ 32. To regulate the size of bricks tobe sold and used "neks.
in the city.

^ 33. To provide for taking enumeration of the inhab- raking wumis.
itants of the city.

§ 34. To regulate tiie election of city officers, and pro- Election of ,it?
vide lor removing from office any person liolding an office
created by ordinance.

§ 35. To fix the compensation of all city officers, and co:i.penHuii..]..
regulate the fees of jurors, witnesses and others, for ser-
vices rendeied under this act or any ordinance,

§ 36. To regulate the police of the city; to impose Poiice,
fines and forfeitures and penalties for the breach of any or-
dinance, and to provide for the recovery and appropria-
tion of such fines and forfeitures and the enforcement of
such penalties.

§ 37. The city council shall have exclusive power Biiii'^rd tables.
within the city to suppress, restrain and prohibit billiard
tables, and from one to twenty-pin ball or bowling
alleys.

§ 38. The city council shall have power to make all oniinai.o.s.
ordinances which shall be necessary and proper for car-
rying into execution the powers specified in this act, so
that such ordinances be not repugnant to nor inconsistent
with ihe constitution of the United States or laws of this
state.

§ 39. The style of the ordinance of the city shall be, styif^'forJinanM
'^ Be it ordained by the city council of the city of De-
catur."

§ 40. All ordinances passed by the city council shall, oniiuauos to b*
within thirty days after they shall have been passed, be »•"*'' "**"''^-
published in some newspaper published in the city, and
shall not be in force until they shall have been published
as aforesaid for ten days.

§ 41. All ordinances of the city may be proven by the coriKiraiion soai.
seal of the corporation, and when printed and published
in book or pamphlet form, and purporting to be printed and
published by authority of the corporation, the same shall
be received in evidence in all courts and without further
proof.

§ 42. The city council shall have power to regulate uaiiroaucars.
the speed of running railroad cars or locomotives upon
all railroads that now are or may hereafter be built with-
in the limits of the city; and the city council shall have the
further power to require of all railroad companies that
22

1855.

114

Puwer aiii) duties
•if mayor.

Special meetings

Mayor to i>nforce
and pmilsh for
violation 'it law.

To can on the in-
habitants to aid
film.

Bxlilbit of books.

Power to execute
ordinances.

Justice uf the
ppace .

Rxelualve Juris-
dteUi>n.

have built or any coinpany that may hereafter build any
railroad, to construct and erect good and sufficient cros-
sii.gs, at sucli times and places across their railroads, as
may be directed by the city council, within the limits of
the city.

Article VI. — Of the Mayor.

§ 1. The mayor shall preside at all meetings of the
city council, and shall have a casting vote and no other.
In cases of nonattendence of the mayor at any meeting
the boTird of aldermen siiall ap})oint one of their own
number chairman, who shall preside at that meeting.

§ 2. Ttie mayor or any two aldermen may call special
meetings of the city council.

§ 3. The mayor shall at all times be active and vigi-
lant in enforcing the laws and ordinances for the govern-
ment of the city; he siiall inspect the conduct of all sub-
ordinate officers of said city, and cause negligence and
positive violations of duty to be prosecuted and punished;
he shall, from time to time, communicate to the aldermen
such information and recommend all such measures as in
his opinion may tend to the improvement o' the finances,
the police, the health, security, comfort and ornament of
the city.

§ 4. He is hereby authorised to call on every male in-
habitant of said city, over the age of eighteen years, lo
aid in enforcing the laws and ordinances, and in case of
riot to call out the militia to aid him in suppressing the
same or in carrying into effect any law or ordinance; and
any person who shall not obey such call shall forfeit to said
city a fine not exceeding ten dollars.

§ 5. He shall have power, whenever he may deem it
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 required of him by any ordinance made in pursuance of
this act.

§ 7. He shall be commissioned by the governor as a
justice of the peace, for said city, and as such shall be a
conservator of the peace for said city, and shall have
power and authority to administer oaths, issue writs and
proces? under the seal of the city, to take depositions, the
acknowledgment of deeds, mortgages, and all other in-
struments of writing, and certify to the same under the
seal of the city, which shall be (rood and valid in law.

§ 8. He shall have exclusive jurisdiction in all cases
arising under the or.Mnances of the corporation, and con-
current juiisdiction with all other justices of the peace iu
all civil and criminal cases within the limits of the city,

115 1855

arising under the laws of the state, and shall receive the
same tees and compensation for his services as in similar
cases.

8 9. He shall also have such iurisdiction as mav be •'"'■'s*""'" wuh-

°. 1 . I . 1 ]. ^ iU i J II 1 In five tnilee of

vested in hira by ordinance of the city and over all places saidcitv.
within five miles of the city, for the purpose of enforcing
the health and quarantine ordinances and regulations
thereof.

§ 10. He shall receive for his services such salary as CciDponsatu.n.
shall be fixed by an ordinance of the city.

§ 11. In case the mayor shall at any time be guilty of i-'a^ie to indct-
a palpable omission of duty or shall willfully or cor- ™*°'*
ruptly be guilty of oppression, malconduct or partiality
in the discharge of the duties of his office, he shall be lia-
ble to be indicted in the circuit court of Macon county, and
on conviction he shall be fined not more than two hundred
dollars, and t'le court shall have powt r, on the recommenda-
tion of the jury, to add to the judgment of the court that
he be removed from office.

Article VH. — Of Proceedings in Special Cases.

§ 1. When it shall be necessary to take private pro- Opening and wi-
perty for opening, widening, straightening or altering any «^"'"^ ptrp«if,
public street, lane, avenue or alley, the corporation shall
make just and full compensation to the person or persons
whose property is so taken; and if the amount of such
compensation cannot be agreed on, the mayor shall cause
the same to be ascertained by a jury of six disinterested <

freeholders of the city.

& 2. When the owners of two-thirds of the property open, wweu or

.,1 11 jiij abolish street*.

on any street, lane, avenue or alley proposed to be opened, &c.
widened or altered, shall petition therefor, the city coun«
cil may open, widen or alter such street, lane, avenue or
alley, upon conditions to be prescribed by ordinance for
that purpose.

§ 3. All jurors empanneled to inquire into the amount Damages.
of benefits or damages which shall happen to the owners
of property proposed to be taken for opening, widening,
straightening or altering any street, lane or alley, shall
first be sworn to that eflfect, and shall return to the may-
or their inquest in writing, and signed by each juror.

§4. in ascertaining the amount of compensation for pro- Jury to take mte
perty taken for opening or widening or straightening or the** benefit" as
altering any street, lane, avenue or alley, the jury shall '^''" "^ '"Jwy.
take into consideration the benefit as well as the injury
happening by such opening, widening, straightening or
altering such street, lane, avenue or alley.

ft 6. The mayor shall have power for good causes rower to set in-
shown, within ten days after any inquest shall have been

in thfi limits of
city.

1855. 116

returned to iiim as aforesaid, to set the same aside and
cause a new inquest to be made.
-SpH^ci^i tax. § 6. Tlie city council shall have power by ordinance

to levy and collect a special tax on the holders of the
lots in any street, lane, avenue or alley, or part of any
lane, street, avenue or alley, according to their respective
fronts owned by them, for the purpose of paving and gra-
ding the side-walks and lighting said street, lane, avenue
or alley.

Article VIII. — Miscellaneous Provisions.

Kxempt from § 1. The inhabitants of the city of Decatur are here-

roa a or. |^^ exempted from working on any road beyond the limits
of the city and from paying any tax to procure laborers
to work on the same.

Aaseos road labor § 2. The city council shall have power, for the pur-
pose of keeping the streets, lanes, avenues and alleys in
repair, to require every male inhabitant in said city over
twenty- one years of age to labor on said streets, lanes
and avenues and alleys, not exceeding three days in each
and every year; and any person failing to perform such
labor, when duly notified by tiie supervisor, shall forfeit
and pay the sum of one dollar and twenty-five cents per
day for each day so neglected or refused.

whero the labor § 3. Each inhabitant of said city shall work out his or

is^toi' ; n^rm- ^j^gjj. gtreet labor in the ward in the city where he shall
re-!,de and no other, and in case he pays money in lieu of

* labi;r the money so paid shall be expended in the ward of

the person or persons so paying.

punisbi fiu of § 4. The city council shall have power to provide for

offenicM. ^j^^ punishment of offenders by imprisonment in the coun-

ty jail or city jail, in all cases where such offenders might
lawfully be imprisoned by the constitution and laws of this
state.

Moneys received ^ 5. The city council shall causc to be published an-
expen e . j^yg^j|y ^ f^J^ ^^^ Complete statement of all moneys receiv-
ed and expended by the corporation during the preceding
year, and on what account received and expended by the
corporation.

ordinaucos and ^ 6, AH ordinances and resolutions passed by the
president and trustees of the town of Decatur shall re-
main in full force until the same shall have been repealed
by the city council hereby created.

Previous ordi- § 7. All resolutious and ordinances passed by any

aances legalised '. -ji ji. * c t.\ *. fTk*

previous president and trustees of the town ot Decatur,
since the town of Decatur was incorporated, in 1846 or
1847, shall remain in full force until the same shall have
been repealed by the city council hereby created.

117 'iSSb.

§ 8. The present board of trustee!? of the town of De- oramanceB to be
catur shall have power to make and enforce all ordinances repealled. "°*"
hereafter for the town of Decatur until the city council
shall have repealed the same.

§ 9. All actions, fines, penalties and forfeitures which Actions.
have accrued to the president and trustees of the town of
Decatur, for the use of the inhabitants of said town, shall
be and the same are hereby declared to be vested in the
corporation hereby created.

§ 10. This charter shall not invalidate any act or acts Acts not inv&ii-
done by the present or any former president and trustees
of the town of Decatur, nor dives* them of any rights
which may have accrued to thein prior to the passage of
this act.

§ 11. All suits now pending for any violation of any suus pending to
of the ordinances of the town of Decatur, shall and may ' p'""***"* •
be prosecuted the same as if this charter had never been
passed.

§ 12. Appeals shall be allowed from decisions in all Appea.n.
cases arising under the provisions of this act or any or- '
dinance passed in pursuance thereof to the circuit court
of Macon county, and every such appeal shall be taken
and granted in the same manner and with like effect as
appeals are now taken from and granted by justices ot the
peace to the circuit court under the laws of this state.

§ 13. Whenever the mayor shall absent himself from Ausenoeof major
the city or shall resign or die or his office shall be other-
wise vacated, the board of aldermen shall immediately
proceed to elect one of their own number president, who
shall be ma.y or pru fern.

§ 14. This act is hereby declare 1 to be a public act, P"1'1'< »<*^-
and may be read in evidence in all courts of law and
equity within this state without proof.

§ 15. The city marshal or any officer authorised to wrusandproctM
execute writs or other process issued by the mayor shall
have power to execute the same any where within the
limits of the county of Macon, and shall be entitled to the
same fees for traveling as are allowed to constables in
similar cases.

Approved Feb- 15, 1855.

1X65. 118

III force Fe)). 12, AN AC V to amend an act enfitlpd " an art to incorporate the city of Peo~
"*''• rin," in force December 3(t, 1844, and the several acts amendatory there-

to.

Section 1. Be it enacted hy the people of the state of
lllinm^ represented in the General */issemhli)^ That the
opcD,iayoutand citj council of the city of Peoria shall have power to open,
abolish streets jgy ^^^^ alter, aboHslj, widen, extend, straighten, establish,
grade, pave and name or otherwise improve or keep in
repair public squares or grounds, streets, avenues, lanes,
alleys or highways within the corporate limits of tht city
of Peoria; and said city council siiall also liave power to
T„ repair public establish, ercct, make, regulate and repair public wharves,
wuarves. docks, sHps and landing places within said city, and pro-

vide for the levying and collection of wharfage thereat,
and to assign landing places |or steamboats and other crafts
and vessels, and shnll have power to prescribe rules and
regulations for watermen, boatmen and all other persons
landing boats or vessels of every description and transact-
ing business at such wharves, docks, slips and landing pla-
ces.
grectioii aod re- § 2. The Said city council shall have power to regu-
wiiarv^es.'"^ "^^ * late the erection and repair of j)rivate wharves, docks,
slips and landing places in said city, and to fix the rates of
wharfage thereat, and to compel the owners thereof or
persons using the same to pay a license therefor.
Private property § 3. Whenever, in the opinion of the city council of the
jorpni.iic use... ^-^.y of Peoria, it shall be necessary to take private pro-
perty for opening, la}ing out, altering, widening, extend-
ing, straightening or establishing any public square or
grounds, streets, avenues, lanes, alleys, highways, public
wharves, docks, slips or landing places within the limits of
said city, the corporation shall make a just compensation
thprefor to the person or persons whose property is pro-
posed to be taken; and if the amount of such compensation
cannot be agreed upon, the mayor of said city shall file with
the jndge of the county court of Peorii county ? petition
praying for the appointment of three disinterested freehold-
ers of said city as commissioners to estimate and assess the
amount of such compensation.
Appoint commiB- § 4. On the filing of the said petition with the county
sioners. judge of Said county, it shall be his duty to appoint three

commissioners, as aforesaid, to ascertain and assess the
damages and recompense due the owners of such land, re-
spectively, and at the same time to determine what per-
sons will be benefitted by such improvement, and assess
the damages and expenses thereof on the real estate of
persons benefitted, in proportion, as nearly as may be, to
the benefits resulting to each-

119 1866.

§ 5. The commissioners shall be sworn faithfully to commissionerii t ^
execute thoir duty, according to the best of tlieir ability,
before entering on tiieir duties; they shall give notice to
the persons interested of the time and place of their meet-
ing for /he purpose of viewing the premises and making
their assessment at least five days before the time of such
meeting, by publishing the same in the newspaper selected
by the city council foi' publishing their ordinances and pro-
ceedings for the time being. Said commissioners shall
view the premises, and, in their discretion, receive any le-
gal evidence, and may, if necessary, adjourn from day to
day.

6 6. Tlie commissioners shall thereupon proceed to commissk.ncrs t<.
make their assessment, and determine and appraise to of damaVs.
the owner or owners the value of the real estate appropri-
ated for tlie improvement and the injury arising t) them,
respectively, from the condemnation thereof, wliich shall
he awarded to such owners, respectively, as damages, af-
ter making due allowance therefrom for any benefit wiiich
such owners may respectively derive from such improve-
ment.

§ 7. If the damage to any person be greater than the ^°^s7Jenh!f",'C
benefits received, or if the benefit be greater than the dam- ^fits as weii a«
age, in either case the commissioners shall strike a bal-
ance, and carry tlie difference forward to anotiier column,
so that the assessment may show what amount is to be re-
ceived or paid by such owners, respectively; and the dif-
ference only shall, in any case, be collected of them or paid
to them.

5 8. If the land and building^s belong to different j)er- ^ands beiongius

J .„ , 1 , , . " , " I 'o diaerent per-

sons, or if tie land be subject to lease or mortgage, the .sons.

injury done to such persons, respectively, may be award-
ed to them by the commissioners, less the benefits result-
ing to them, respectively, fr^ m the improvement.

5 9. Having ascertained the damages and expenses of ^xpfnses and
such improvement, as aforesaid, tlie commissioners stiall, "ic.
thereupon, apportion and assess the same, together with
the cosls of proceedings, upon the real estate by them
deemed benefitted, in proportion to the benefits resulting
thereto from the improvements, as nearly as may be, and
shall describe the real estate upon which their assessments
may be made. When completed, the commissioners shall
sign and return the same to the said county judge within
thirty days of their appointment.

§ 10. The clerk of said county court shall give ten ""'"'''^f' to '•=?*"-
days' notice, in the newspaper, as aforesaid, that such as-
sessmei t has been returned, and, on a day to be specified
therein, will be confirmed by the said county court, unless
objections to the same are made by some person interest-
ed. Objections may be heard before the county court, and

1855. 120

the hearing may be adjourned from day to day. The court
shall have power, in ils (iiscretion, to confirm or annul the
assessment, or refer tlie same back to the commissioner?.
,ir annulled, all the proceedings shall be void; if confirm-
ed, a judgment shall be rendered against the property or
lands benefitted in favor of the city of Peoria, and an or-
der of confirmation shall be entered on the records of said
court, directing an execution to issue to the sheriif of said
county, commanding him to levy upon and sell the said
property, so benefitted, and against which said judgment
may be rendered; and said sheriff shall proceed to adver-
tise and sell the same, as upon executions at law.
Assissuieiii t.. b.! § 11. If said report or assessment be referred back to

refprrert toother .i"" ,i .. ^,\ iii j*

coi.imisRioiiprs. the Same or other commissioners, they shall proceed to
make tlieir assessments, and return the same, in like manner,
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 said court shall perform like duties,
and have like powers in relation to any subsequent deter-
mination as are herein given in relation to the fust.

r'<.«.r loieuiove ^ j2. The Said county court shall have t)ower to re-

romnufs-.oners. 5 . . tV . . ' . ■

move commissioners, and irom tune to time appoint others
in the place of such as maybe removed, refuse, neglect or
be unable, from any cause, to serve.
Not.iutuorisedto § 13. Nothing herein contamed shall authorise the city
itreoihM-.'^rt'^am couucil to discoiitiuue or contract any street or iiighway,
cAses. Qj. gj^y pQj.|. thereof, except for the purpose of widening and

improving the river, and making basins and slips, without
the consent, in writing, of all persons owning land adjoin-
ing said street or highway.
Ainu.iiuoidoin.i- § 14. The land required to be taken for the making,
t«nd°ea ''before Opening or widening any street, alley, lane or other high-
..poiiiii? fireof y^.^y si, all not be appropriated until the damages awarded
therefor to any owner thereof under this act shall be paid
or tendered to such owner or his agent, or in case the said
owner or his agent cannot be found in said city, deposited
to his or her credit in some safe place of deposit other than
the hands of the treasurer; and then, and not before, such
lands may be taken and appropriated for the purpose re-
quired in making such improvements, and such streets, al-
leys, lanes, highways, wharves and slips may be made and
opened.
When lauds nn- § 15. Wiicre the wholc of any lot or parcel of land or
^er case are a- ^^j ^^ premises. Under lease or other contract, shall be ta-
ken for any of the purposes aforesaid by virtue of this act,
all the covenants, contracts and engagements between
landlord and tenants, or any other contracting parties
touching the same, or any part thereof, shall, uj)on con-
firmation of such report, respectively, cease and be abso-
lutely discharged.

121 1856.

5 16. Where part only of any lot or parcel of land or ot proceedinps

1 • j'l iL A. iiiiL wlien only pari

Other premises, so under lease or other contract, shall be ofauyiot iBta-
taken for anj of the purposes aforesaid, by virtue of Ibis ''^°'
act, all the covenants, contracts and agreements and engage-
ments respecting the same, upon the confirmaiion of such
report, shall be absolutely discharged as to the part there-
of so taken, but shall remain valid as to the residue there-
of; and the rents, considerations and payments reserved,
payable and to be paid for or in respect to the samp, shall
be so proportioned as that the part thereof justly and equi-
tably payable for such residue thereof, and no more, shall
be paid or recoverable foi, in any respect, of the same.

§ 17. The said city council shall have power to pro- compengatioa.
vide, by ordinance or resolution, for the compensation or
fees of said judge, clerk and commissioners, and for the
survey and plat of such improvement, and to prescribe the
form of any notice, petition, judgment, execution or other
proceeding in their judgment necessary and proper to per-
fect the making of any such improvement.

§ 18. In all cases where there is no agreement to the ^° 1**'^* ^^"*

3 11111 '^' ntroverfy ex-

contrary, the owner or landlord, and not the occupant or ists as to owner-
tenant shall be deemed the person who ought to bear and *^ ''" p'"^''*''' '
pay every assessment made for the expense of any public
improvement. Where any such assessment shall be made
upon or paid by any person when, by agreement or by law,
the same ought to be borne or paid by any other person, it
shall be lawful for one so paying to sue for and recover of
the person bound to pay the same the amount so paid, with
interest. Nothing herein contained shall impair or in any
way affect any agreement between any landlord an i ten-
ant or other persons respecting the payment of such as-
sessments.

5 19. The city council of said city shall have power to ^°7,^!. »<> create

,"'. •' I additioua) ward*

create any number ot additional tvards in said city, and
shall provide for the election of two aldermen for each
ward; and said city council shall consist of the mayor and
two aldermen for e^ch ward in said city; and in the ab-
sence of the mayor a majority of the board of aldermen
shall constitute a quorum, and shall be competent to do all
the business that may be legally done by a full council.

5 20. The city council of said city shall have exclusive Exclusive power

. to I icGHBC Idbti-

power to license, tax and regulate, within said city, all in- ranee com panic-
surance companies and their agencies doing business in said
city, and to compel said companies or their agents to take
out such licenses and pay such taxes.

§ 21. The said city council shall have power, by ordi- supprese »on?<>^

•> ,•' . ••11/' of ill fame.

nance, to suppress, abate and restrain houses ot ill fame, or
bawdy houses, within five miles from the outer boundaries
of said city, and shall have power to impose fines and penal-
ties^upoiiA::y person or persons for keeping, remaining at or

1855.

122

Ordmanoes to be
(leemed acd ta-
ken aR public
acts.

All moneys to be
paid into trea-
Hury.

Act0 repealed.

frequenting the same, and to compel any person to testify
in all cases toucliiiig the same, provided that such wit-
nesses shall not be punished for anything disclosed in such
testimony.

§ 22. The ordinances of said city, when published in
any newspaper printed in said city, shall be deemed and
taken as })ublic acts, and shall be received in evidence in
all courts and places in this state, without further authen-
tication or proof.

§ 23. This act is hereby declared to be a public act,
and may be read in evidence in all courts of law and equi-
ty in this state, without proof.

§ 24. All moneys arising from fines, forfeitures, penal-
ties, licenses, taxes, wharfage, or from any other source,
which are imposed, levied, assessed or collected under
the ordinances of the said city of Peoria, shall be paid in-
to the treasury of said city, and shall form a part of the
revenue thereof.

§ 25. That an act, approved February 12th, 1853, en-
titled "An act to amend an act entitled 'an act to incor-
porate tlie city of Peoria,'" in force December 3d, 1S44,
and to amend an act entitled "An act to amend an act en-
titled 'an act to incorporate the city of Peoria,' " appro-
ved February iStli, 1847, be and the same is hereby re-
pealed.

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

Approved Feb. 12, 1855.

in force Feb. 14,
1866.

AN ACT to incorporale the city of Fieeport.
Article I. — Oj Buiindaries.

Mid politic.

Section 1. Be it enacted by the peoplt of the state of
Illinuis, represented in the General ^nlssvinhly.. That the
Body corporats inhabitants of tlie town of Freeport, in Stephenson coun-
ty, and state of Illinois, be and they are hereby consti-
tuted a body politic and corporate, by the name and style
of " The City of Freeport," and \ y that name shall have
perpetual succession, may sue and be sued, plead and be
impleaded in all courts of law and equity; and may have
and use a common seal and alter the same at j)leasure.

§ 2. All that territory embraced within the following
limits, to wit : Beginning at the northwest corner of the
souJi half of the northwest quarter of section six, in
township twenty-six north, of range eight east ot the
fourth principal meridian, in the county of Stephenson,

Boundaries .

123 1866.

and state of Illinois; running thence eastwardly along the
south line of the nortli half of the northwest quarter, and
the north half of the northeast quarter of said section six,
and alo;:g the south line ol the north half of the north-
west quarter of section five, in the township and range
aforesaid, to the southeast corner of said last described
tract; thence nortii to the quarter section corner, on the
township line; thence east, to the quarter section corner,
on the south side of section thirty-two, in townshij) twen-
ty-seven north, of range eight east of the fourth principal
meridian; thence north along the quarter section line to
the north bank of the Pickat inica river; thence up stream
along the left or northerly bank of said river, to the line
dividing the east half from the west half of the northwest
quarter of said section thir y-two; thence north to the
northeast corner of the southwest quarter of the south-
west quarter of section twenty-nine; thence west along
the north boundary of said quarter of quarter section, to
the section line; thence west to the northerly bank of the
Pickatonica river; thence up stream, along the left or
northerl> bank of said river, to the range line west bounda-
ry of said section thirty; thence south along said line
to the northeast corner of section thirty-six, in township
twenty-seven north, ot range seven east; thence west
along the section line to the line dividing the east half from
the west halfof the east lialfof said section thirty-six; thence
south along said line to the township linf ; thence south to
the southwest corner of t!ie northeast quarter of the north-
east quarter of sec ion one in township twenty-six north,
of range seven east; thence east along the south boundary
of said quarter of quar'er section to the range line; thence
on said line to the place ot beginning, sliall be and the same
is hereby declared to be within the limits of the city of
Freeport.

§ 3. Whenever any tract of land adjoining the city of Additions in«d.i^
Freeport, shall be laid off into town lots, and duly record- '<^ ^'^''' '"'*?
ed as required by law, the same shall be annexed to and
form a part of the city of Freeport, and ail parcels of land
within the aforesaid boundaries and beyond the bounda-
ries of the present corporation that exceed in extent ten
acres sliall be exempt from taxation for city revenue, un-
til the same shall be subdivided into lots of ten acres
or less, and each lot, when so divided, shall be taxed as
other city lots.

§ 4. The inhabitants of said city, by the name and General power*,
style aforesaid, shall have power to sue and be sued, to
plead and be impleaded, defend and be defended in all
courts of law and equity and in all actions whatever; to
purchase, receive, and hold property, both real and per-
sonal, beyond the city, for burial grounds and for other
purposes, for the use of said inhabitants of said city; to

1865.

124

sell, lease and convey or dispose of property, real and
personal, and do all other things in relation thereto as
natural persons.

Article II. — Of the City Council.

C'.ty council.

Board of alder-
mno.

i^uallHuatious.

C»B'i> vacated.

To be divided in-
to two elasses.

BSlecUons aud re-
turns.

Qni>rum.

Proceedlngfi.

Keep Jouroal.

§ 1. There shall be a city council, to consist of a mayor
and board af aldermen.

§ 2. The board of aldermen shall consist of two mem-
bers from each ward, to be chosen by the qualified voters
for two years, and until others shall be legally qualified.

§ 3. No person shall be an alderman, unless at the time
of his election he shall have resided within the limits of
the city one year immediately preceding his election, and
shall have the requisite qualifications to vote for state
officers, be a resident of the ward for which he is elected,
and a citizen of the United States.

§ 4. If any alderman shall, after his election, remove
from the ward fcr which he is elected, hi? office sliall be
declared vacated. The mayor and aldermen shall serve
without compensation from the city funds, until there
shall be five thousand inhabitants in said city, and when
the population shall exceed five thousand the mayor shall
receive such compensation as the city council shall deter-
mine.

§ 5. At the first meeting of the city council the al-
dermen shall be divided by lots into two classes; the seats
of those of the first class shall be vacated at the expira-
tion of the first year, and of the second class at the ex-
piration of tlie second year, so that one half of the board
shall be elected annually.

§ 6. The city council, shall judge of the qualifi nations,
elections and returns of their own memb*»rs, and shall de-
termine all contested elections under this act.

§ 8. The city council shall have power to determine the
rules of its proceedings; puni>li 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-
ceedings, and from lime to time publish the same; and the
yeas and nays, when demanded by any member present,
shall be entered upon the journal.

125 1865.

6 10. No alderman shall be appointed to any office un- Aidermen meii-

1 . ,1 •. L- xi -J. 1-1 I 11 1 u glble to cerUl*

der the authority ot the city winch shall have been crea- offices.
ted or the emoluments of which shall have been increased
during the time for which he shall have been elected.

§ 11. All vacancies tliat shall occur in the board of vacanc^s.
aldermen shall be filled by election.

§ 12. The mayor and each alderman, before entering intake and w»u-
upon the duties of their office, shall take and subscribe an ''«"'«""^-
oath, or make affirmation that they will support the con-
stitution of the United rotates and of this state, and that
they will well and truly perform the duties of their office
to the best of their skill and ability.

§ 13. Whenever there shall be a tie in the election of Tie.
aldermen the judges of election shall certify the fact to
the mayor, who shall determine the same, by lot, in such
manner as shall be provided by ordinance.

§ 14. There shall be twelve stated meetings of the city stated meetmgi.
council in each year, at such times and place, as may be
prescribed by the city council.

Article III. — 0/the Chief Executive Officer.

§ 1. The chief executive officer of the city shall be a Mayor,
mayor, who shall be elected by the qualified voters of the
city, and hold his office for one year and until his succes-
sor shall be elected and qualified.

§ 2. No person shall be eligible to the ollice of mayor Qualification.
who shall not have been a resident of the city for one year
next preceding his election, or who shall be under twenty-
one years of age, or who shall not, at the time of his elec-
tion, be a citizen of the United States.

§ 3. If any mayor, during the time for which he shall omceTacatad.
have been elected, remove from the city, or shall be ab-
sent from the city for the space of six months, his office
shall be vacated.

§ 4. When two or more persons shall have an equal inci-Beoftievou
number of votes for mayor, the judges of election shall cer-
tify the same to the city council, who shall proceed to de-
termine the same, by lot, in such manner as may be pro-
vided by ordinance.

§ 5. Whenever an election of mayor shall be contested Biectioncomert-
the city council shall determine the same, as may be pre- ***"
scribed by ordinance.

§ 6. Whenever any vacancy shall happen in the office vacancy to be oi-
of mayor, it shall be filled by election. "^ byeieetio..

Article IV.— Of Election.

§ 1. On the first Monday of April next an election shall ■loction for mi
be held in each ward of said city for one mayor, one police °®**"*

1866 126

magistrate for the city of Freeport, one marshal for the
city, two aldermen for each ward; and forever thereafter,
on the first Monday of April of each year, there shall be
an election for one mayor and one marshal for the city,
and one alderman for etch ward; and on the first Monday
of April in every fourth year, there shall be an election for

•^mrd*. one police magistrate for said city. The president and

trustees of the town of Freeport shall, on or before the
first Monday in March next, proceed to lay out the terri-
tory embraced within the limits of said city of Freeport
into three wards, and fix the boundaries of the same, and
shall also provide, by ordinance, for holding the first elec-
tion herein appointed in the several wards of said city;
shall fix the place for holding said election in each of said
wards; shall appoint three persons to act as judges of elec-
tion in each of said wards, who siiall be sworn, and whose
places may be filled, in case they do not serve, as now pro-
vided by law in other elections. Said election shall be
held and returns thereof made and certified, in all respects,
as is now provided by law in elections for members of the
state legislature; and the county clerk of Stephen'-on coun-
ty shall receive said returns, open and canvass the same,
and transmit an abstract of the same to the secretary ot
state, as is now provided by law. A copy of said returns
of said election shall also be delivered to the president and
trustees of the town of Freeport, who shall canvass the
same within three da^s from the time they shall be recei-
ved; and the persons receiving the highest number of votes
for the several offices of mayor, marshal and two aldermen
for each of said wards shall be declared, by said president
and trustees of the town of Freeport, duly elected to said
several offices. If two or more persons shall, at said elec-
tion, receive the same number of votes for either of said
offices of mayor, aldermen or city marshal, the president
and trustees of the town of Freeport shall determine the
same between them, by lot.

y^t„,. § 2. All male inliabitants over the age of twenty-one

years, who are entitled to vote for state officers, and who
shall have been actual residents of said city ninety days
next preceding said election, shall be entitled to vote for
city officers, provided that said voters shall give their votes
in the wards in which they shall respectively reside.

Article V. — Of the Legislative Powers of the City Coun-
cil.

LieTjand ooiiot § 1. The city council shall have power and authority
*"■ to levy and collect taxes for city purposes, upon all proper-

ty, real and personal, (except as hereinbefore excepted,)
within the limits of the city, not exceeding one-half of

127 1855.

cr.e per cent, per annum upon the assessed vajue thereof,
and may enforce the payment of the same in any manner
to be prescribed by ordinance, not repugnant to the con-
stitution of the United States and this sta e.

§ 2. Tiie city council shall have power to appoint a Town officers.
clerk, treasurer, assessor, street commissioner or commis-
sioners, and all such officers as may be necessary.

§ 3. The city council shall have power to require of all to exemte coiki*
officers a[>pointed in pursuance of this chart*^r bonds, with
penalty and security, tor the faithful performance of their
respective duties, as may be deemed expedient, and also
to require all officers appointed as aforesaid to take sucli xotaKe aud sub-
oaths or make such affirmation as the common council may «="''^ "*'"*•
prescribe, for the faitlihil performance of the duties of
their respective offices, before entering upon the discharge
of the same; to establish, support and regulate common
schools; to borrow money on the credit of the city: Pro- ^^^oviso.
videdf that no sum or sums of money shall be borrowed at ^

a greater interest than ten per cent, per annum, nor shall
any sum or suras be borrowed as aforesaid until after the
subject shall have been submitted to the legal voters of
said city, for which purpose a special election shall be spenai tUctioD.
called by the mayor, after giving ten days' notice thereof;
and if a majority of the legal voters of said city shall vote
in favor of any sucti town, the same may be negotiated, and
not otherwise : ^^nd provided, further, that the annual in-
terest on the loan so negotiated, shall never exceed one
half of the revenue annually derived from the tax levied
by said city, upon the real estate within the limits of said
city.

§ 4. To appropriate money, and provide for the pay- Appropratp mo-
ment of the debts and expenses of the city. °^^*

§ 5. To make regulations to prevent the introduction oonugions d)».
of contagious diseases into the city; to make quarantine ^^^'
laws for that purpose, and to enforce the same within
five miles of the city.

v^ 6. To establish hospitals and make regulations for Hospitals.
the government of the same.

§ 7. To make regulations to secure the general health G.nerai heauh.
of the inhabitants; to declare what shall be a nuisance,
and to prevent and remove the same.

§ 8. To provide the city with water; to erect hydrants Hyirant* and
and pumps; build cisterns and dig wells in the streets for
the supply of engines and buckets.

§ 9. To open, alter, abolish, widen, extend, estab- open and esub-

1. I 1 i.1, ■ • J 1 • "'*li lanee and

hsn, grade, pave, or otherwise improve and keep in re- streets.
pair streets, avenues, lanes and alleys, side-walks, drains
and sewers.

1865.

128

Brnlge-

Diviile city Into

Ntghl watches.
Llghlfng streets

Market houses.

Public bnildingb
Public grounds.

Public wharves
and docks.

Auotionet-rs, &c.

Hackney carria-
ges.

Theatrical and
other shows.

TIpylinR houses

Chimaeys, &c.
ftuupowdeT) &c.
Partition fences.

0* weights and
measaret).

§ 10. To establish, erect and keep in repair bridges.

§ 11. To divide the city into wards, alter the bounda-
ries thereof, and erect additional wards, as the occasion
may require.

§ 12. To establish, support and regulate night watches.

§ 13. To provide for lighting the streets and erecting
lamp posts.

§ 14. To erect market houses; to establish markets
and market places, and provide for the government and re-
gulation thereof.

§ 15. To provide all needful buildings, for the use of
the city.

§ 16. To provide for enclosing, improving and regula-
ting all public grounds belonging to the city.

§ 17. To erect, repair and regulate public wharves,
piers and docks; to regulate the erection and repair of
private wharves, piers and docks, and the ratet of wharf-
age thereat.

§ 18. To license, tax and regulate auctioneers, mer-
chants, pedlers, retailers, grocers, taverns, ordinaries,
hawkers, brokers, pawnbrokers and money changers.

§ 19. To license, tax and regulate hackney, carriages,
wagons, carts and drays, and fix the rates to be charged
for the cerriage of persons and for the wagonage, cart-
age and drayage of property.

§ 20. To license and regulate porters and the rates of
porterage.

§ 21. To license, tax and regulate theatrical and oth-
er exhibitions, shows and amusements.

§ 22. To restrain, regulate, prohibit and suppress tip-
pling houses, dram shops, gambling houses, bawdy houses,
and other disorderly houses, and the selling or giving
away of any intoxicating or malt liquors, by any person
within the city, except by persons duly licensed.

§ 23. To provide for the prevention and extinguish-
ment ot fires; to organise and establish fire companies,
and to regulate or prohibit the erection of wooden build-
ings in any part of the city.

§ 24. To regulate the fixing of the chimneys, and to
fix the flues thereof.

§ 25. To regulate the storage of gunpowder, tar, pitch,
rosin and other combustible materials.

§ 26. To regulate and order parapet walls and jiar-
tition fences, and restrain cattle, hogs, sheep and dogs
Irom running at large.

§ 27. To establish standard weights and measures,
and regulate the weights and measures to be used in the
city in all cases, not otherwise provided /or by law, and
to order all laws on the subject to be enforced, and to fix

129 1865.

and enforce p^fnent of fines for noncompliance with any
such order.

§ 28. To provide for the inspection and measuring of iniipecti,n or
lumber, and otiier building materials, and for llie meas- '"""""'■•
uring of all kinds of mechanical work. '

§ ii9. To provide for the inspection and weighing of Hay an^i s,.,.,.
hay and stone coal, the measurement of charcoal, fire
wood and other fuel, to be sold and used within the city.

§ 30. To provide for and regulate the inspection of inspectiMi uf • ,.
tobacco, and of beef, pork, flour, meal and whisky in bar- ''*'^'^'''
rels.

§ 31. To regulate the inspection of butter, lard and provisions.
other provisions.

^ 32. To regulate the weight and quality of bread to weight of tr^-.,.!.
be used in the city.

§ 33. To regulate the size of bricks to be sold and Brick .
used in the city. ,

§ 34. To provide for taking enumerations of the in- census.
habitants of he city.

§ 35. To regulate the election of city officers, and to Election of my
provide for removing from office any person holding an o^^cers.
otfice created by ordinance.

g 36. To fix the compensation of all city officers, and rompen<:ari.n.
regulate the fees of jurors, witnesses and others, for ser-
vices rendered under this act or any ordinance made in
pursuance thereof.

§ 37. To regulate the police of the city, to impose ReKiuate the )H)-
fines and forfeitures and penalties for the breach of any "^''"
ordinance, and to provide for the recovery and appro-
priation of 5uch fines and forfeitures, and the enforce-
ment of such penalties; 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 the
city council, under the ordinances of said city, for the
general use and benefit of the inhabitants thereof.

§ 38. The city council shall have exclusive power Biiiiar<it«bies.
within the city, bj ordinance, to suppress and restrain bil-
liard tables and bowling alleys.

§ 39. The city council shall have power to make all oniinancrs.
ordinances which shall be necessary and proper for car-
rying into execution the powers specified in this act, so
that such ordinance be not re()ugnant to nor inconsistent
with the constitution of the United states or of this
state.

§ 40. The style of the ordinances shaU be " Be it or- style of ordmanM
dained by the city council of the city of Freeport."

§ 41. All ordinances passed by the city council shall ordinances tAV
within one month after they shall have been passed be i'^^"^^"^-
published in some newspaper in the city or pos'sul up in
three of the most public places in said city of Freeport,
23

1856.

130

and shall not be in force till they shall have heS\ published as

i aloresaid *

Corporate seal. § 42. All Ordinances of the city may be proven by the

j| seal of the corporation, and when ])jinted in book or

-pamplet form, and purporting to be printed ai.d published

by authority of the corporation, the same shall be received

in evidence in all courts and places without further

proof.

liuty oi mayor.

Hpfclal meetings

Powfir to enforce
ordlaanoeg.

Kxh;l<it books.&i

Kxenito ordinan-
ces.

Article VI. — 0/ fhc Mayor.

§ I. The mayor shall preside at all meetings of the
city council, and in case of a tie shall have a casting vote,
and in no other; in case of nonattendance of the mayor
at any meeting the board of aldermen shall appoint one of
their own number chairman, who shall preside at the
meeti:.g, but shall not. thereby lose his right to vote on any
question before the board.

§ 2. The mayor or any two aldermen may call special
meetings of the city council.

§ 3. The mayor shall at all times be vigilant and ac-
tive in enforcing the laws and ordinances for the govern-
ment of the city; he shall inspect the conduct of all subordi-
nate officers of said city, and cause negligence and posi-
tive violation of duty to be prosecuted and ])unis!ied; he
shall, from time to time, communicate to the aldermen
such information and recommend all such measures as
in his opinion may tend to the improvement of the finances,
the police, the health, security, comfort and ornament of
the city.

§ 4. He is hereby authorised to call on every male in-
habitant of said city, over the age of eighteen years, to
aid in enforcing the laws and ordinances, and in cases of
riots, to call out the militia, to aid him in suppressing fhe
same or other disorderly conduct, preventing and extin-
guishing fires, for securing the peace and safety of the
city, or in carrying into effi ct any law or ordinance; and
any person who shall not obey such call shall forfeit to
said city a fine not exceeding five dollars.

§ 5. He shall have power, whenever he shall deem it
necessary, to require of any of the officers of said city an
exhibit of his books and jjapers.

§ 6. He shall have power to execute all acts that may
be required of him by any ordinance made in pursuance
of this act.

§ 7. He shall also have such power as may be vested
in him by ordinance of tlie city in and over all places with-
in five miles of the boundaries of the city, for the purpose
of enforcing th*^ health and quarantine ordinances and reg-
ulations thereof

131 1866.

§ *■'. He shall receive for his services outside of the oompeuFntion.
city svjch compensatioii as shall te fixed by ordinance of
« the city.

§ 9. In case the mayor shall at any time be guilty of a isabie to imii. t-
palpable omission of dutj, or shall willfully and corruptly
be guilty of oppression, malcondu. t or partiality in the
disciiarge of the duties of his office, lie shall be liable to be
indicted in the circuit court of the county of Stephenson,
and on conviction, lie >hall be fined not more than two
hundred dollars; and the court shall have power, on recom-
mendation of tlie jury, to add to the judgment of the court
that he be removed from office.

Article VII. — Of Proceedings in Special Cases.

§ 1. When it shall be necessary to take private pro- jury fo ascertaia
perty for opening, widening or altering any public street, ^'""**^'^''
lane, avenue or alley, the corporation shall make a just
compensation to tiie person whose })roperty is so taken;
and when the amount of such compensation cannot be
agreed on the mayor shall cause the same to be ascertain-
ed by -i jury of six disinterested persons, freeLolders of the
city.

§ 2. When the owners of all the property on a street,, ©pen, widtu ur
lane, avenue or alley proposed to be opened, widened or ^c"**" ^^^^'^"^
altered shall petition therefor, the city council may open,
widen or alter such street, lane, avenue or alley, upon con-
dition, to be prescribed by ordinance; but no compensa-
tion shall, in such case, be made to those whose property
shall be taken, their tenants or others, for the opening, wi-
dening or altering such street, lane, avenue or alley, nor
shall there be any assessment of benefits or damages that
may accrue thereby to any of the petitioners.

§ 3. All jurors empanneled to inquire into the amount Damace assessor
of benefits or damages which shall iiappen to the owners
of property proposed to be taken for opening, widening or
altering any street, avenue, lane or rlley shall first be
sworn to that efiect, and shall return to the mayor their
inquest, in writing, and signed by each juror.

6 4. In ascertaining the amount of compensation for To take into con-

,,, „ '-'. •!• *!,• sideratlon the

property taken tor opening or widening or altering any benefit as weii
street, avenue, lane or alley, the jury shall take into con- "'''"""^^
sideration the benefit as well as ihe injury happening by
such opening, widening or altering sucii street, lane, a\ e-
nue or alley.

§ 5. The mayor shall have power, for good cause show;:, power lo'sptin-
within ten days after any inquest shall have been returneil i"^*"****'
to him as aforesaid, to set the same aside and cause a new
inquest t.) be made.

1855. 132

.sp-:aitax. ^ H. The city council shall have power, by ordinan'^e,

to levy and collect a special tax on the holders of lots in
anystreft, lane, avenue or alley, according to their re-
spective fronts, for the piir[)Ose of paving, grading; or
planking side-walks and lighting such street, lane, avtjiiue
or alley: Provided^ said tax shall not exceed the actual
cost of said side-walks and lighting respectively, which
tax shall be collected in the same manner as other city
taxes.

Article VIII. — Miscellaneous Provisions.

sire.n lat.nr. § 1. The city council shall have power, for the pur-

pose keeping the streets, lanes, avenues and alleys in re-
pair, to require every able bodied male inhabitant in said
city over the age of twenty-one years to labor on said
* streets, lanes, avenues and alleys, no*^ exceeding three

day^ in each and every year; and every person failing to
perform such labor, when duly notified by the street com-
mi sioner, shall forfeit and pay one dollai for each day so
neglected or refused.
Exempt from § 2. Tiie inhabitants of the city of Freeport are here-
withoiiftho'iim- by exempted from working on any road beyond the limits
its of the city. q\ \\^q city, and from paying any tax to procure laborers

to work upon the same.
punishropni .f § 3. Tlic city couucil sliall have power to provide for
oHendcrs. ^^^ punisliment of offenders by imprisonment in the county

jail, in all cases when such offenders shall fail or refw^e to
pay the fines and forfeitures which may be recovered
against them.
statement to be § 4. The city counf'il shall cause to be ])ublished, an-
ptibiished. nu^lly, a full and complete s;atement of all moneys re-
ceived and expended by the corporation during the pre-
ceding year, and on what account received and ex-
pended.
Ordinances and ^ 5. All Ordinances and resolutions passed by the
resolutions. president and trustees of the town o/ Freeport shall re-
main in ^ull force until the same shall have been repealed
by the city council hereby created
snit 8 prosecuted. ^ 6. All suits, .ictious and prosecutions instituted,
commenced or brought by the corporation hereby created,
shall be prosecuted in the name of the city of Fre-port.
Pine8, &c., ac- § ?• All actions, fines, penalties and forfeitures which
crued to the j.^ye accrucd to the presiden*^ and trustees of the town of

town of Free- i ii i i • i i i ■

port. Freeport shall be vested in and prosecuted by the cor-

poration hereby created.

Real estate. § '^- All property, real and personal, heretofore belong-

ing to the president and trustees of the town of Freeport^
for the use of the inhabitants of said town, shall be and

133 1855.

the same is hereby declared to be vested in the corpora-
tion lu leby created.

§ 9. This charter shall not invalidate any act done by Acts not invau-
the jiiesident and trustees of the town of Freeport, nor
divest them of any lights which may have accrued to
thcini prior to the passage of tiiis act.

§ iO. The president and trustees of the town of Free- Promuipnt.- t\,<-
port shall, immediately after the passage of this act, take
meas'.jres to promulgate this law within i he limits of fl.e
city of Freeport and issue their proclamalion for the elec-
tion of officers, and cause the same to be publi.-iied in all
the city newspapers prior to the day of the election of
said othccrs.

§ ll. Appeals shall be allowed frnin decisions in all ^I'l"'*''^-
cases arising under the provisions of this act or any or-
dinance |)Li>sed in j)ursuance thereof to the circuit court
of said Stephenson county, and e\ er}' such aj)peal siiall
be granted in the same manner and witli lik" efft ct as ap-
peals are taken from and granted by justices of the peace
to the circuit court under the laws of this state.

§ 12. Whenever the mayor shall absent himself from >iay«r;'io "»»•
the city or resign or die or his office shall otherwise be
vacated, the board of aldermen shall immediately proceed
to elect one of their number -president, who shall be mayor
pru tern, until the office shall be filled by election, as
herein provi led.

§ 13. This act is hereby declared to be a ^ ublic act,
and may be read in evidence in all courts of law and equi-
ty within this state without proof.

§ 14. All acts or part of acts coming within the pro- A.t.s repeaie.i. '
visions of this charter or contrary to or inconsistent with \

its provisions are hereby repealed.

§ 15. The city marshal and the constables within said P'"coes.
city of Freeport shall be authorised and liave power to
execute anywhere within the limits of the county of Ste-
phenson all process is>ued by the police magistrates of
said city or other magistrates within said city; and the
said marshal .shall have power to do all acts tJjat a con-
stable may lawfully do, and shall receive the same fees as
are allowed to constables in similar cases, and shall give
bond as constables are requi ed by law to give, which
boiul sh-tll be filed in the office of the county clerk.

§ 16. Tiie preside'! and trustees of the town of Free- Eifctum to \<f
port shall cause an el ttion to be held in said town on the g'aiUt uic'cbai-
second Monday of .' arch next, at wliich the inhabitants ^^'''
residing wi I. in the 'erritory described wiihin the second
section of ' e first article of this act, who are authorised
to vote foi state oircers, shrtll vote " for the charter" or
*' against th < harte; " and if a majority of votes <'ivin at such
election be or the Irarter, then this actshar i.'nmrdiately

1865. 134

take effect as a law; but if a majority of the votes shall
. be against the charter, then tLis is to be of no effect :

Proviso. Provided^ that if a majority of the votes given ?1 such

election sliall be asjainst the charter, an election shall be
holden in the same manner as herein provided for the first
election, on the first Monday of October next, at which
election the electors, as aforesaid, shall vote " for the
charter" or "■' against the charter;" and it at said election
a majority of the votes shall be for the charter, then this
act shall immediately take effect; and the first election un-
der the charter shall be holden on the first Monday in the
month of November next, in the same manner, in all re-
spects, as is provided in article four, in section one of this
charter for the first election foi- city officers, but if a ma-
jority of the votes given at said election shall be against
the charter the same shall not take effect.

p.Aiir.^a.i (ru-kf. § 17. The city council sliall have power to direct and
control the laying and construction of railroad tracks,
bridges, turnouts and switches in the streets and alleys;
and the location of depot grounds within the city; to re-
quire that railroad tracks, bridges, turnouts and switches
shall be so constructed and laid as to interfere as little as
possible with ordinary travel and use of the streets and
alleys, and tliat sufficient space shall be left on either side
of said tracks for the safe and convenient passage of trains
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 in-
tersections of streets and alleys and ditches, sewers and
culverts when the city council shall deem necessary; to
direct and prohibit the use and regulate the speed of lo-
comotive engines within the inhabited portions of the
city.

snits commenced § 18. All actions brought to rccover any penalty or
• "rp^niiion.' ^ forfeiture under this act or any ordinance, by-law or po-
lice regulation made in pursuance thereof shall bebiought
in the corporate name, and it sliall be lawful to declare
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

Pfo''^^". § 19. In all prosecutions for any violation of any or-

dinance, by-law or other regulating, the fir^t process shall
be by summons, unless oath or atiirmation be made for a
warrant, as in other cases.

Kxecutkm i.isTie § 20. Exccutiou m ny be issued 'inmediatjiy on ren-
dition of judgment; and if the defen ant has ro goods or
chattels or r^al estate within the county of tephenson
whereof the judgment can be collected, the ( ffictr ren-
dering such judgment may require the defe niant to be

on juismi'D

135 1855.

confined in the county jail for a term not exceeding six
months; and all persons who may be committed under this
section shall be conhned one day lor each one dollar of such
judgment and costs.

6 21. The affidavit of the printer or publisher of any Legality of the
newspaper in which any ordinance may be publishea, as
required by article five, section forty-one, of this act, ta-
ken before any officer authorised to administer oaths, and
filed with the city clerk, shall be conclusive evidence of the
legal publication of such ordinance in all courts and
places.

§ 22. The city marshal and such other officers of said ^IZkefnes^i^"
city as may be authorised by any ordinance, shall have
power to arrest or cause to be arrested, with or without
process, all persons who shall break the peace or threaten
to break the peace or be found violating any ordinance of
this city, commit for examination and if jiecessary, detain
such person in custody over night or tiie Sabbath or until
he can be brought before a magistrate, and shall liave and
(P-xercise such other powers as conservators of tiie peace
as the city council may prescribe.

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

Approved Feb. 14, 1855.

AN ACT to charter ■l.^' city of Urbaria. in force Pefc. M,

1856.

Section I. Be it enacted by the people of the state of
Itlinozs, represented in ttie General ^/Jssembltj, That the
inhabitants of tiie town of Urbana, in the countj of Cham- uody corporate
paign, and state of Illinois, be and they are hereby consti- and politic
tuted a body politic and corporate, by the name and style
of "The City of Urbana," and by tliat name and style shall
have perpetual succession, and may liave and use a com-
mon seal, wiiich [they J may change and alter at pleasure.

§ 2. All that district of countr^y described as follows : Boundaries.
Beginninfr at a point in the centre o section nine, in town-
ship nineteen north, of range nine east of tiie third princi-
pal meridian; thence west two miles; thence south one
mile; thence east two miles; thence north one miie, to the
place of beginning, ^liall constitute the said city of Urbana.

§ 3. In case a majority of the people shall be for in- ^o^^ards"®'' "''
corporation the following named persons, citizens ot the
town of Urbana, to wit : William Parks, J. W. j»quith, N.
W. Coler, A. J. Carle, Alonzo Lyuns, A. M. Whitney, Mo-

1855. 136

ses Snelling, or a majority of them, shall meet at the court
house, in U;bana, on the first Saturday in May nex , and
divide the said city of Urbana into three wards, as nearly
equal in population as.practicable, paiticulariy describing
the boundaries of each, and appoint three ju< ges of elec-
tions in each of said wards, and appoint the day of said
election, and lyive at least ten days' notice in the public
new?jpapers of said city of Urbana, and locate the places
of holding the elections in each ward.
(ienerai powers. § 4. Tfie inhabitants of Said city, by the nauic and Style
aforesaid, shall have power to sue and be sued, to plead and
be impleaded, defend and be defended in all courts of law
and equity, and in all actions whatever; to purchase, re-
ceive and hold property, real and personal, in said city;
to purchase, receive and hold property, both real and per-
sonal, beyond the city, for burial grounds and for other pur-
poses, for the u^e of said inhabitants of said city; to sell,
lease and convey or dispose of property, and to do all other
things in relation thereto as natural persons.

Article II.

City cuimcij. § 1, There shall be a city council, to consist of a mayor

and board of aldermen.

s^arfi of alder- § 2. Tiic board of aldermen shall consist of two mem-

'■ -'• bars from each ward, to be chosen by the qualified voters,

for two years.

Qualifications. § 3. No persoH shall be an alderman unless, at the time

of his election, ue shall h;\\e resided within the limits of the
city six months, and shall be, at the time of his election,
twenty- one years of ^^e, and a citizen of the United States.

oftue vacated. ^ 4. If an alderman shall, after his election, remove
from the ward for which he is elected, his office shall be
thereby declared vacated.

Aldermen to be § 5. At the firs* meeting of the city council the alder-

riassM. ™ *^' i^tiea shall be divided, by lot, into two classes; the seats of
those of the first cla?s shall be vacated at the expiration
of the first } ear, and of the second class, at the expiration
of the second year, so that half of the board shall be elect-
ed annually.

Kiectien^andre- § 6. Thccity council shall judge of qualifications,
'*^"'" elections and returns tf their own members, and shall de-

termine all contested elections.

yyortita. § 7, A majority of the city council shall constitute a

quorum to lo business, but a smaller number may adjourni
from day to day, and compel the attendance at absent
members under such penalties as may be prescribed by
ordinance.

137 l&o5.

§ 8. The city council shall have power to tletermine Rnieot procied-
the r 'le ot its proceedings, piinij^h its memhers for disor-
derly conduct, and, with the concurrence <.f tvo-thirds of
the members elected, expel a member.

§ 9. The city council shall keep a journal of its pro- Keep n journal.
ceedin5>;s, and trom time to time publish the same; and the
yeas and nays, when demanded by any member present,
shall : y entered upon the journal.

^> 10. No ahieiman stiall be appointed to any office un- ^^^^i^x^ Jstall
der ^ile authority of the city which siiall have been crea- offices.
ted orthe emoluments of which shall have been increased
during- the time fo^ which he shall have been elected.

§ 11. All vacancies that shall occur in the board of vacancies.
aldermen shall be tilled by election.

S 12. The mayor and each alderman, before entering: ^ake and sub-
upon the duties df their office, shall take and subscribe an
oath t!at they will support the constitution of the United
Statj- and of this state, and that they will well and truly
perform the duties of their office to the best of their skill
and ability.

§ i;i. Whenever there shall be a tie in the election of i"'^'^**^^'^ ''•'•
aldermen the judges of eU ction shall certify the same, who
shall determine the same, by lot, in such manner as shall
be provided by ordinance.

§ 14. There shall be twelve stated meetings of the city stated meeting?.
council in each year, at such, times and places as may be
prescribed by ordinance.

Article III. — Oj the Chief Executive Officer.

§ 1, The chief executive officer of the city shall be a Mayor.
mayor, who shall be elected by the qualified voters of the
city, iiiid shall hold his office for one year and until his
successor shall be elect*, ci and qualified.

§ '2. No person shall be eligible to the office of mayor Quaimcation of
who siiall not have been a resident of the city for one year ™''''°'''
next preceding his paid election, or who shall be under
twenry-one years of age, or who shall not, at the time of
his election, be a citizen of the United States.

§ 3. If any o lyor, during the time for which he shall office vacates.
have been elected, remove from the city, his office shall be
vacated.

§ I. When two or more persons shall have an equal in case of uefor
num! 1 of votes for mayor the judges of electiori shall cer- '"*^'*^-
tify t ) [he city council, who shall proceed to determine the
same, by lot, in such manner as may be provided by ordi-
nance.

§ 5. Whenever an election of mayor shall be contest- Election content
ed, ihe city council shall determine the same in such man-
ner as may be provided by ordinance.

1855.

138

Vacancies. ^ 6. Whenever any raoancy shall happen in the office

of mayor it shall be filled by election.

Article IV. — Of Elections.

election. § 1^ On the first Saturday of June next an election

shall be held in each ward of said city for two aldermen
for each ward; and forever thereafter, on the first Satur-
day of June of each year, there shall be an election for one
mayor for the city and one alderman for each ward.
The firs! election for mayor and aldermen shall be held
and conducted and returns made as is now provided
by law for the conducting the general elections of this
state; and the clerk of the county court of Champaign
county sliall make rettirns of the election of mayor to the
governor of the state in the same manner as is now direct-
ed to be done for other justices of the peace elected for
the county- The second election may be held, conduct-
ed and returns thereof made as may be provided by ordi-
nance.

Voters. § '2. Ail free white male inhabitants, over the age of

twenty-one }'ears, who are entitled to vote for state offi-
cers, and who shall have been actual residents of said city
ninety days next irt ceding said election, shall be entitled

Proviso. to vote fur city officers : Provided^ that said voters shall

give their votes for mayor and aldermen in the wards in
which they shall respectively reside, and in no other, and
that no vote sliall be received at any of said elections un-
less thf: person offering such vote shall have been an ac-
tual resident of the ward where tlie same is offered at least
ten days next preceding such election.

Article V. — Of the Legislative Powers of the ()ity Council.

Levy and collect § 1- The city Cuuncil shall have power and authority
*"• to levy and collect taxes upon all property, real and per-

sonal, wi'hin tlie limits of the city, not exceeding one per
cent, upon the assessed value thereof, and may eniorce the
payment of the same in any manner, to be piescr.bed by
ordinance, not repugnant to the constitution of the United
States and of this state,

§ 2 Thf city council shall have power to appoint a
clerk, treasurer, assessor, raarsiial, supervisors of streets
and such other officers as may be necessary.

§ 3. The city council shall have power to require of
all officers appointed in pursuance of this charter, bonds,
with penalties and securities, for the faidiful performance
of their respective duties, as may be deemed expedient;
and also, to require all officers appointed as aforesaid to
take an oath lor the faithful peri'ormante of the duties of

Appoint town of-
ficers.

To execute bonds

139 1855.

their respective offices before entering on the discharge of
the same; to establish, support and regulate common schools;
to borrow money on the credit of the city : Provided, that
no such sum or sums of money shall be borrowed at a
greater rate of interest than at ten per cent, per annum,
nor shall the interest on the aggregate of all the sums bor-
rowed and outstanding ever exceed one-half of the city
revenue arising from taxes assessed on real property with-
in the limits of the corporation.

§ 4. To appropriate money and provide for the pay- Expenses of city.
ment of the debts and expenses of the cit\-

§ 5. To make regulations to prevent tise introduction conugiousdjsea-
of contagious diseases into the city; to make quarantine
laws for that purpose, and enforce the same within five
miles of the city.

§ 6. To establish hospitals, and make regulations for Hospitals.
the go%''ernment of the san e.

§ 7. To make regulations to secure the general health <^«i^erai health.

of the inhabitants ; to declare what shall be a nuisance,
and to prevent and remove the same.

6 8. To diff wells and to provide the city with water; Provide city with
to erect hydrants and pumps in the streets for the conveni-
ence of the inhabitants.

§ 9. To open, alter, abolish, widen, extend, establish, open and atousi.
grade, pave or otherwise improve and keep in repair streets,
avenues, lanes and alleys.

§ 10. To establish, erect and keep in repair bridges. Bridges.
^ § 11. To divide the city into wards, alter the bounda- Divide city mto
ries thereof, and erect additional wards, as tiie occasion
may require.

§ 12. To provide for lighting the streets and erecting Lighting streets.
lamp posts.

§ 13. To erect market houses, to establish markets and Markethouses.
market places, and provide for the government and regu-
lation thereof.

§ 14. To provide for the erection of all needful build- pubucbuiidinga.
ings for the use of the city.

§ 15. To provide for inclosing, improving and reg- Pub.c gronnds.
ulating ali public grounds belonging lo tlie city.

§ 16. To license, tax and regulate auctioneers, mer- Auctioneers, &c.
chants, retailers, grocers, taverns, ordinaries, hawkers,
pedlers, brokers, pawn-brokers and money changers.

§ 17. To license, tax and regulate hackney carriages, Hackney earria-
wagors, carts and drays, and fix the rates to be charged ^'^'^"^
for the carriage of persons, and ior the wagonage, cartage
and drayage of property within the limits of the city.

§ 18. To license and regulate porters, and fix the License po -.ers.
rates of porterage.

§ 19. To license, tax and regulate theatrical and other Theatrical ana
exhibitions, shows and amusements. *** ersnows.

1866.

140

Kxtiii.inishment
of fires.

ripphiig houses. § 20. To tax, restr in, pi- iii^it aiul ."upjiress tippling
houses, dram simp-; and giinnsr nonsps, aiul haw'} liouses
and r>ther disorderly llons^s, hut not to license any liouse
or place for t'li sale of intoxicating drinks, of any kind, as
a beverage.

§ 21. To provide for the prevention and extiiiguish-
ment of fires, and to organic'*' and establish fire C'on)[>anies.
'Chimneys. § 22. To regulate the fixirig i.f chimneys and the flues

tliereof.
(runpowiier, &c. § 23. To regul ate the Storage of gunpowder, tar, pitch
and other combustible matejjrtls.

§ 24. To regulate and order parapet walls and parti-
tion fences.

§ 25. To establish standard weights and measures, and
to regulate the weights and measures lobe used in the city
in cases not provided by law.

§ 26. To provide for the inspection and measuring
of lumber and other buildingr matejials, and for the nieas-
urera»^nt of all kinds of mechanical w< rk

§ 27. To provide for the inspection and weighing of
hay and stone coal, the measurement of charcoal, iire
wood and other fuel to be sold or used in the city.

§ 28. To regulate the weight, quality and price of
bread to be sold and used in the city.

§ 29. To provide for taking enumeraiions of the inhab-
itants of the city.

§ ;^0. To regulate the election of city officers, and pro-
vide for removing from office any person holding an office
created by ordinance.

§ 31. To fix the compensation of all city officers, and
regulate the fees of juror.- and witnet^es and others tor
services rendered under this act or any ordinance.

§ 32. To regulate the police of the city; to impose fines
and forfeitures and penaKies for the breach of any ordi-
nance, and to provide for the recovery and appropriation
of such fines and forfeitures and the enforcement of such
penalties.

§ 33. The city council shall have exclusive power
within the city, by ordinance, to suppress and restrain
billiard tables.

§ 34. The city council shall have power to make all
ordinances which shall be necessary and p'oper for carry-
ing into execution the powers specified in this act, so that
such ordinance be not repugnant to nor inconsistent with
the laws ad constitution of thf Unite ! Slates or of this
state.

§ 3.O. The style of the ordinarce^ of the city shall be,
"Be it ordained by the ciiy council of the city of Urbana."

Paititioi! fences.

i}t weights aad
measures.

luspecrion of
lumber.

Hay an i stone
coat.

Regulate price
and quality of
bread.

Census.

Ilegulate election
tor city officers.

eompensatioD.

Regulate police.

Style (li ordl
aance.

141 1855.

§ 36. All ori'ir^taes passed by the cih; council shall, ordinaiices to b^
within one month alter they shall have been pas<' d, be
published in some new^^paper published in the city, and
shall not be in force until they shall have been pubhshed
as aforesaid.

§ 37. All ordinances of the city may be proved by the CorpcratR seal.
seal of the corporation; and when printed and published in
pamphlet or book form, and pui porting to be printed and
published by authority of the corporation, the samf shall
be rectived in evidence, in all courts and places, without
further proof.

Article VI. — Of the Mayor.

§ 1. The mayor shall preside at all meetings of the city Duty of mayor.
council, and shall have a casting vote avid no other. In
case of nonattendance of the mayor at any meeting the
board of aldermen shall appoint one of their number chair-
man, who shall preside at said meeting.

§ 2. The mayor or any two aldermen may call special Special meetii.Ks
meetings of the city council.

§ 3. The mayor shall at all times be active and vigilant Prosecute forvi-
ir. enforcing the laws and ordinances for the government uuucel"* '"^''
of the city; he shall inspect the conduct of all subordinate
officers of said city, and cause negligence and positive vi-
olation of duty to be prosecuted and punished. He shall,
from time to time, communicate to the aldeimen such in-
formation and recommend all such measures as, in his
opinion, may tend to the improvement of tlie finances, the
police, the health, security, comfort and ornament of the
city.

0 4. He is hereby authorised to call on every male in- pnwertosTaniii..B
habitant of said city over the age of eighteen years to aid in ***^*
enforcing the laws and ordinances, and in case of a riot to
call out the raili'ia to aid him in suppressing the same or
in carrying into effect any law or ordinance; and any per-
son who shall not obey such call shall forfeit to said city a
iine not exceeding five dollars.

§ 5. He shall iiave power, whenever he may deem it Bsbibitbx.ks.&c
necessary, to require of any of the officers of said city an
exhibit of his books and p?pers.

§ 6. He shall have powtr to execute all acts that may Execute an ©r-
be required of him by any ordinance made in pursuance •*"**°*^®**
of thiis act.

§ 7. He shall be commissioned by the governor as a Justice w the
justice of the peace for said city and county of Champaign, ^***^**
and as such shall be a conservator of the peace for the said
city and county of Champaign, and shall have power and
authority to administer oaths, issue writs and process un-
der his seal, to take depositions, the acknowledgment of

tended to five
miles

1 865. * 142

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.

jmi=dic,uuD. § 8. He shall have and exercise jurisdiction in all ca-

ses arising under the ordinances of the corporation, and
concurrent jurisdiction with all other justices of the peace
in all civil and criminal cases within the limits of the city
and the county of Champaign arising under the laws of the
state of Illinois, and shall receive the same fees and com-
pensation tor his services in similar cases.

Jurisdiction ex- § 9. He shall also have such jurisdiction as may be
vested in him by ordinances of the city in and over all
p.aces within five miles of the boundaries of the city for
the purposes of enforcing the health and quarantine ordv
nances and regulations thereof.

Liable to indict- § 10. In casc the mayor shall at any time be guilty of
™''"*' a palpable omission of duty, or shall willfully and corruptly

be guilty of oppression, maiconduct or partiality in the dis-
charge of the duties of his office, he shall be liable to be
indicted in the circuit court of Champaign county, and on
conviction shall be fined not more than two hundred dol-
lars, and the court shall have power, on the recommenda-
tion of the jury, to add to the judgment of the court that
he be removed from office.

Article VII.

Jury t« assess § 1. When it shall become necessary to take private
damages. property for opening, widening or altering any public

street or lane, avenue or alley, the corporation shall make
a just compensation to the person whose property is so
taken; and if the amount of the compensation cannot be
agreed on the mayor shall cause the same to be ascer-
tained by a jury of six disinterested freeholders of the
city.
Petition of own- § 2. When the owners of all the property on a street, lane,
era of property, avcnuc or alley proposed to be opened, widened or alter-
ed, shall petition therefor, the city council may open, widen
or alter such street, avenue, lane or alley, upon condition
to be prescribed by ordinance, but no compensation shall,
in such cases, be made to those whose property shall be
taken for the opening, widening or altering sudh street,
lane, avenue or alley, nor shall there be any assessment of
benefits or damages that may accrue thereby to any of the
petitioners.
i.raeuntofdama- § 3. All jurors cmpanueled to iuquirc iuto the amount
'^^°' of benefits or damages which shall ha])pen to the owners

of land or odier property proposed to be taken for open-
ing, widening or altering any street, lane, avenue or alley,
the jury shall first be sworn to that effect, and shall return

143 1855.

to the mayor their inquest vii writlitg, signed by each
juror.

§ 4. In ascertaining the amouiit ol compensation for Proc edinginas-
property taken for opening, widening or altering any mountof^dama-
street, lane, avenue or allej^, the jury shall take into con- «^s.
sideration the benefit as well as the injury happening by
such opening, widening or altering such street, lane, ave-
nue or alley.

§ 5. The mayor shall have po>ver, for goud cause Maycnuay reject
shown, within ten days after any inquest shall huve been '"'^"'^ "
returned to him, as aforesaid, to set the same aside and
cause a new inquest to be made.

§ 6. The city council shall have power, by ordinance, special tax.
to levy and collect a special tax on the holders of lots in
any street, lane, avenue or alley, or part of any lane,
avenue or alley, according to their respective fronts own-
ed by them, for the purpose of paving and grading tlie
side- walks and lighting said street, lane, avenue or alley.

Article VIII. — Miscellaneous Provisions.

§ 1. The inhabitants of the city of Urbana are hereby Exempt from
exempted from working on any road beyond the limits of cStain^asef.'"
the city, and from paying any tax to procure laborers to
work on the same.

§ 2 The city council shall have the power, for the noad and street
purpose of keeping the streets, lanes, avenues and alleys '*^°''*
in repair; to require every male inhabitant in said city
over twenty-one years of age to labor on said streets,
lanes avenues and alleys, not exceding three days in each
and every year; and any person failing to perform such
labor when duly notified by the supervisor, shall forfeit
and pay the sum of one dollar per day for each day so
neglected or refused.

§ 3. The city council shall have power to provide for Punishment or
the punishment of offenders by imprisonment in the conn- ''^™"^'"^-
ty jail in all cases where such offenders shall fail or refuse
to pay the fines or forfeitures which may be recovered
against them,

§ 4. The city council shall cause to be published, an- statememofmo^
nually, a full and complete statement of all moneys re- "e made!""''* ''
ceived and expended by the corporation during the pre-
ceding year, and on what account received and expended.

§ .5. All suits, actions and prosecutions instituted, com- suus how com-
menced or brought by the corporation hereby created, ™''"*^*^'*-
shall be commenced and prosecuted in the name of the
city of Urbana.

§ 6. Appeals shall be allowed from decisions in all Appeals.
cases arising under the provisions of this act, or any ordi-

1855.

144

Turin of ufllcii.

Compensation.

Election to be
tield for and a-
gainst this char-
ter.

nance passed in pursuance thereof, to the circuit court of
Champaign county, anJ every such appeal shall be iaken
and granted in the same manner and with like effect as
appeals are taken from and granted by justices of the
peace to the circuit court under th«e laws of this state.

§ 7. This act is declared to be a public act, and may
be read ii; evidence in all courts of law and equity within
this stale without })roof.

§ 8. The mayor elected at the first election shall hold
his office until the first Saturday of May, in the year 1856,
and until his successor is elected and qualified.

§ 9. The city marshal or any other officer authorised
to execute writs or other process issued by the mayor or
any other justice of the peace in the county of Cham-
paign, shall have power to execute the s^ame anywhere
within the limits of the county of Champaign, and shall be
entitled to the same fees for traveling as are allowed to
constables in similar cases.

§ 10. The mayor shall receive the same fees in all
cases tliat are allowed to magistrates in similar cases.

§ 11. On the first Monday of April next an election
shall be held at the court house, in the town of Urbana,
as in case of special elections, and ballots shall be received
from all the inhabitants, legal voters within the limits pre-
scribed, which ballots shall be " for incorporation" or
"against incorporation," and if a majority of said electors
voting at said election shall vote "for incorporation,"
then the provisions of this bill shall be in force, but if a
majority shall v te " against incorporation," then the pro-
visions herein shall be null and void.

§ 12. This act to take eftect on its passage.

Approved Feb. 14, 1855.

In force Feb. 13,
1865.

AN ACT Ic incorporate the city of Chestev.

Section 1. Be it enacted by the people of the state of
Illinois., represented in the General Jissemhlij^ That the
Body conwrato luhabi at ts of the town of Chester, in the county of Ran-
an-i politic. dolph, and state of Illinois, be and they are hereby con-
stituted a body politic and corporate, by the name and
style of " The City of Chester," and by that name shall
have perpetual succession, and may have and use a com-
mon seal, which they may change and alter at pleasure.

145 1855.

§ 2. All that district of country embraced within the Boundark-.
limits of the said town of Chester and the additions there-
to shall constitute the said city of Chester, except ^he ad-
ditions known as Sonne ibeg's additions to said town.

§ 3. The board of trustees of said town of Cliester Dmcie city mt.
shall, on the first Saturday in October next, divide tlie said ^'*"^^"
city of Chester into three wards, as nearly equal in popu-
lation as practicable, puticularly describing the bounda-
ries of each.

^ 4. Wiianever any tract of land a 'joining the city of Addition?.
Chester shall be laid off into town lots, and a plat of the
same duly recorded, as required bylaw, the same shall be
afinexed to and form a part of the city of Chester.

§ 5. The inhabitants of said city, by the name and onerai povrti>,
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 ail actions whatsoever; to
purchase, receive, and hold property, both real and per-
sonal, in said city; to purchase, hold and receive property,
both real and personal, beyond tlie city, for burial grounds
and for other public purposes for the use of the inhabitants of
said city; to sell, lease and convey or dispose of property,
real and personal, for the benefit of said city, and to im-
prove and protect such property, and do all things in rela-
tion thereto as natural persons.

Article II.

§ 1. There shall be a city council, to consist of a mayor Mayor.
and board of aldermen.

§ 2. The board of aldermen shall consist of two mem- Awermer.
hers from each ward, to be cliosen by the qualified voters
for the term of one year.

§ 3. No person shall be an alderman unless at the time Quauficato:..
of his election he shall have resided one year within the
limits of the city, and shall be, at the time of his election,
twenty- one years of age, a citizen of the United States, and
also a resident of the ward in which he is elected.

§ 4. If any alderman shall, after his election, remove Declared vacant.
from the ward in which he is elected, his office shall be
declared vacated.

§ 5. The city coimcil shall judge of the qualifications, Biecuonsand re-
elections and returns of their own memb'^rs, and shall de-
termine all contested elections.

§ 6. A majority of the city council shall constitute a Quorum.
quorum to do business, but a smaller number may adjourn,
from day to day, and compel the attendance of absent
members, under such penalties as may be prescribed by
the ordinance of said city.
24

1855.

146

(Ceepajournal.

A, :.;raien ineli-
gible to certain
offices .

To take and siib-
scribs oath.

■^'..nipd nieetings.

§ 7. The city council shall have power to determine the
rule (»f its proceedings; punish its members for disorderly
conduct, and, with the concurrence of two-tliirds of tl.e
members elected, expel a member.

§ 8. The city council shall keep a journal of its pro-
ceedings, and from lime to time publish the same; and t'le
yeas and nays, when demanded by any member present,
shall be entered upon the journal.

§ 9. No alderman siiall be appointed to any office un-
der the authority of the city which shall have been crea-
ted or the emoluments of which shall have been increased
during the time for wliich he shall have been elected.

§ 10. All vacancies that may occur in the board of
aldermen shall be filled by the board, but the vacancy to
be filled from the same ward from which the vacancy oc-
curred.

§ 11, The mayor and each alderman, before entering
upon the duties of their respective offices, shall take and
subscribe an oath that they will support the constitution of
the United I'tates and of this state, and that they will well
and truly perform the duties of their office to the best of
their skill and ability.

§ 12. Whenever there shall be a tie in the election of
aldermen the judges of election shall certify the same to
the mayor, who shall determine the same, by lot, in such
manner as shall be provided by ordinance.

§ 13. There shall be twelve stated meetings of tiie ciQ'
council in each year, at such times and place, as shall be
prescribed by ordinance.

Article TIL

Mayor.

Qualification.

0 face deemed va-
_cant.

Proceedings
esse of tie.

§ 1. The chief executive officer of the city shall be a
mayor, who shall be elected by the qualified voters of the
city, and shall hold iiis office for one year and until his suc-
cessor shall be elected and qualified.

§ 2. No person shall be eligible to the o.tice of mayor
who shall not have been a resident of the city for tliree years
next preceding his election, and who shall be under twenty-
five years of age, or who shall not, at tlie time of his elec-
tion, be a citizen of the United States.

§ 3. If any mayor, during the time for whic » he may
have been elected, remove from the city, his office shall
be considered vacated.

§ 4. When two or more persons sliall have an equal
number of votes for mayor the judges of election shall cer-
tify the same to the city council, who shall proceed to de-
termine the same, by lot, in such manner as may be pro-
vided by ordinance.

147 1855.

§ 5. Whenever an election of mayor shall be contested Kiection conte.t
the city council sliall determine the same, as may be pre-
scribed by ordinance.

^ 6. Whenever any vacancy shall happen in the office vacancy.
of mayor it shall be filled by election, the secretary giving
at least twenty days' notice of the time and place of hold-
ing such election.

Article IV.

§ 1. On the first Saturday in Ajril, A. D. 1856, an Eiectkn.
election shall be held in each ward of said city for one
mayor of the city and two aldermen for each ward; and
at the first meeting of the council, after said election, the
aldermen shall be divided, by lot, into two classes; the ,
seats of those of the first class shall be vacated at the ex-
piration of the first year, and of the second class at the ex-
piration of the second year, so that half of the board
shall be elected annually ; and forever after the said first
election, on the first Saturday of April of each year, there
shall be an election for one mayor of the city and one alder-
. man for each ward. The first election of ma) or and alder-
men shall be held, conducted and returns thereof made as
may be provided by ordinance of the president and trus-
tees of the town of Chester; and the second and all subse-
quent elections shall be held, conducted and returns there-
of made as may be provided by ordinance of said city coun-
cil.

§ 2. All free white male inhabitants over the age of voter.-.
twenty-one years, who are entitled to vote for state offi-
cers, and who shall have been actual residents of said
city six months next preceding said election, shall be en-
titled to vote for city officers, provided that said voters
shall give their votes for mayor and aldermen in the wards
in which they shall respectively reside and in no other, and
that no vote shall be received at any election under this
charter unless the person offering such vote shall have been
an actual resident of the ward where the same is ofiered
one month next preceding such election.

Article V.

§ 1. The city council shall have power and authority Levyauri coiiec
to levy and collect taxes upon the real estate within the ^*^*'"'
limits of the city, not exceeding one per centum per an-
num on the assessed value thereof, and may enforce the
payment of the same in any manner, to be prescribed by
ordinance, not repugnant to the constitution and laws of
the United States or of this state.

1855.

148

Appoint town of-
ficers.

Execute boncls.

Appropriations.

C mtasious dis-
eases.

Hospitals.

General licalth.

Provide water.

Onen, alter, a-
bolish, pave and
improve streets.

Bridge-.

Divide into wards

Lighting streets.

Night watches.
Market honses.

Public building

Public grounds.

§ 2. The city council shall have power to appoint a
clerk, treasurer, assessor, marshal, surveyor, street com-
missioner and all such other otficers as may be necessary.

§ 3. The city council shall have power to require of all
officers appointed in pursuance of this charter bonds, with
penalty and security, conditioned for the faithful perform-
ance of their respective duties, as may be deemed expedi-
ent, an 1 also to require all officers appointed as aforesaid
to take an oath for the faitliful performance of the duties
of their respective offices before entering upon the discharge
of the same; to establish, regulate and support common
schools; to borrow money on the credit of the city: Pro-
vided, that no sum or sums of money shall be borrov/ed at
a greater rate of interest than ten per centum per annum,
nor shall the interest, in the aggregate, on all the sums bor-
rowed and outstanding ever exceed one-half of the city
revenue arising from taxes assessed on real property with-
in the limits of the city.

§ 4. To appropriate money, and provide for the pay-
ment of the debts and exi)enses of the city.

§ 5. To make regulations to prevent the introduction
i>f contagious diseases into the city; to make quarantine
laws for that purpose, and to enforce the same within
five miles of the city.

:j 6. To establish hospitals and make regulations fo]
the gavernment of the same.

§ 7. To make regulations to ensure the general health
of the inhabitants; to declare v/hat shall be a nuisance,
and to prevent and remove the same.

§ 8. To provide the city with water; to erect hydrants
and pump5 in the streets for the convenience of tl^e inhab-
itants.

§ 9. To open, alter, abolish, widen, extend, estab-
lish, grade, pave, or otherwise improve and keep in re-
pair streets, avenues, lanes and alleys

§ 10, To establish, erect and keep in repair bridges,

§ 11. To divide the city into wards, alter the bounda-
ries thereof, and create additional wards, as occasion may
require.

§ 12. To provide for lighting the streets and erecting
lamp posts.

§ 13. To establish, regulate and support night watches.

§ 14. To erect market houses; to estabiish markets
and marketplaces, and provide for the government and re^
gulation thereof.

§ 15. To provide for the erection of all needful build-
ings for the city.

§ 16. To provide for enclosing, improving and regula
ting all public grounds belonging to the city.

149 1855.

§ 17. To license, regulate and tax auctioneers, hawk- Auctioneers, &c.
ers and pedlers.

§ l8. To license, tax and regulate hackney carriages, i^ackr.r.y cania-
wagons, carts and drays, and fix the rates to be charged
for the ce.rriage of {persons and for the wagonage, cart-
age and drayage of property.

§ 19. To license, tax and regulate wharf boats at tlie wimrf boats and
public landings. pubiici.udmg..

,§ 20. To license, tax and regulate theatrical and otu- Tiieatricais!io-.\>,
er exhibitions, shows and amusements within the city lim-
its.

§ 21 To restrain, prohibit and suppress tippling houses, Tippling iiousci.
dram shops or houses commonly called "groceries," ga-
ming houses and bawdy houses and other disorderly houses.

§ 22. To provide for the prevention and extinguish- Extinguishment
ment ot fires, and to organise and establish fire compa-
nies.

§ 23. To regulate the construction of chimneys. Chimneys,

§ 24. To provide for the inspection and measuring of Lumber,
lumber and other building materials, and for the measure-
ment of all kinds of mechanical work.

§ 25. To provide tor the inspection and weighing of ^^^^ •^^ ' ^^^^'^
hay and stone coai, the measurement of charcoal, fire wood
and other fuel to be sold within the city.

§ 26. To provide for taking the enumeration of the in- census.
habitants of the city.

6 27. To regulate the election of city officers, and pro- Election of city

V ,, ,5 "^1 IT in ^fticors and their

Vide ror removmg irom oince any person nolding an othce removal.
created by ordinance.

§ 28. To fix the compensation of all city officers, and compensation.
regulate the fees of jurors, witnesses and others, for ser-
vices re.ndeied under this actor any ordinance.

§ 29. To regulate tfie police of the city; to impose Reguute pouce.
fines, forfeitures and penalties for the breach of any or-
dinance; and all moneys collected under and by authority
3f any city ordmance, or any license or permit, shall be
deemed and taken to belong to said city, and disposed of
by the city council, under the ordinance o'.' said city, for
the general use and benefit of the inhabitants thereof, and
to provide for the recovery and appropriation of such fines,
forfeitures, licenses and permits and tae enforcement of
any and all penalties.

§ 30. The city council shall have pov/ej to make all ordmancts.
ordinances which shall be necessary and proper fur car-
rying into execution the rowers specified in this act, so'
that such ordinances be not repugnant io nor inconsistent
with the constitution of the United States nor of the con-
stitution of this state.

§ 31. The style of the ordinance shall be, " Be it or- style of ordinance
dained by the city council of the city of Chester."

1855

150

,'rdinances
piibliihcl.

■.iinances pro-

§ 32. All ordinances enacted by tlia city council shall,
within one month after they shall have been passed, be
published in some newspaper published in the city, and
shall not be in force until they have been published as
aforesaid.

§ 33. All ordinances may be proven by the seal of the
city, and when printed and published in book or pamphlet
form, or purporting to be printed and published by authority
of said city, the same shall be received in evidence in all
courts and places without further proof.

Article VI.

Mayor to preside

&t all meetings.

Special meetings

Authorised to en II
a posse to as-i.^t
in enforcing the
laws.

Power to execute
all acts.

Compensation as
a, justice of the
peace.

§ 1. The mayor shall preside at all meetings of the
city council, and shall have a casting vote and no other.
In case of the nonattendence of the mayor at any meeting
the board of aldermen shall appoint one of their number
chairman, who shall preside at that meeting.

§ 2. The mayor or any two aldermen may call special
meetings of the city council.

§ 3. Tiie taayor shall at all times be active and dili-
gent in enforcing the laws and ordinances for the govern-
ment of the city; he shall inspect the conduct of the sub-
ordinate officers of said city, and cause negligence and
positive violation or omission of duty to be prosecuted and
punished; lie shall, from time to time, communicate to the
board of aldermen such information and recommend such
measures as in his opinion may tend to the improvement of
the finances, the police, security, comfort and ornament of
the city.

§ 4. He is hereby authorised to call oa every male in-
habitant of said city, over the age of eighteen years, to
aid in enforcing the laws and ordinances, and in case of
riot to call out the militia to aid him in su])pressing the
same or in carrying into effect any law or ordinance; and
any person who shall not obey such call shall forfeit to said
city a fine not exceeding ten dollars.

§ 5. He shall have power, whenever he may deem it
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 which may
be required of him by any ordinance made in pursuance of
this act.

§ 7. He shall be commissioned by the governor as a
justice of the peace, for said city, and as such shall be a
conservator of the peace for said city, and shall have
power and authority to administer oaths, issue writs and
process under the seal of the city, to take depositions, the
acknowledgment of deeds, mortgages, and all other in-

151 1855.

struments of writing, and certify under the seal of the city,
which sliall be good and valid in law.

§ 8. He shall have exclusive jurisdiction in all cases Jurisiiic'ioE.
arising uijucr the ordinances of said city, and concurrent
jurisdiction with all other justices of the peace in all civil
and criminal cases within the limits of said city arising un-
der the laws of the state, and shall receive the same fees
and compensation for his services as are, by law, allowed
to justices of the peace in similar cases: Provided^ however^
that during the absence of the mayor from the city or sick-
ness or any other cause any justice of the peace within the
limits of the city shall have jurisdiction of cases arising un-
der the ordinances of said city.

S 9. He shall also have such jurisdiction as may be vest- Jurisdiction ex-

j • L* L ^i J- 1- ■ 5 -i. • J 11 1 tended five miles

ed in hnn by the ordinance oi said city m and over all places beyond tue city
within five miles of the boundaries of said city, for the pur-. ''""*^*
pose of erfoiciiig he health and quarantine ordinances and
regulations o said city.

§ 10. He shaj! receive for his services such salary as compensation.
shall be fixed b an ordinance of said city.

§ 11. In c e the mayor shall at any time be guilty of ^^jf^/g*^^ '^'^ '^^ '"'
a palpable oinission of duty or shall willfully or corruptly
be guilty of oppression, raalconduct or partiality in the
discharge of the duties of his office, he shall be liable to be
indicted in the circuit court of the county of Randolph, and
on conviction he shall be fined not more than five hundred
dollars, and the court sha'l have power, on the recommenda-
tion of the jury, to add to the judgment of the court that
he be turned from office.

Article VH.

§ 1. When it shall be necessary to take private pro- property taken
perty for opening, widening or altering any public street, g^Jee'ts!"'"' ^'
lane or alley, the corporation shall make a just compen-
sation to the person whose property is so taken; and if the
amount of such compensation cannot be agreed on, the
mayor shall cause the same to be ascertained by a jury of
six disinterested freeholders of said city.

§ 2. When the owners of propertj' on a street, lane, outyof jmur.^.
avenue or alley proposed to be opened, widened or altered
shall petition therefor, the city council may open, widen or
alter such street, lane, avenue or alley, on 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 such street, lane, avenue
or alley, nor shall there be any assessment of benefits or
damages that may accrue to any of the petitioners.

1855. 152

noturns to be § 3. All jurors empanneled to inquire into the amount

'■''^'''' of benefits or damages which shall happen to the owners

of property proposed to be taken for opening or widening
or altering any street, lane, avenue or alley, shall first be
sworn to that effect, and shall return to the mayor their in-
quest, in writing, signed by each juror.

Miiountoi: com- § 4. In ascertaining the amouut of Compensation for pro-
nsation. perty taken for opening, widening or altering any street,
lane, avenue or alley, the jury shall take into considera-
tion the benefit as well as the injury happening by such
opening, widening or altering any such streets, lanes, ave-
nues or allcjs.

Majov may set § 5. The mayor shall have power for good cause
inquest aside, gj^own, within ten days after any inquest shall have been
returned <o him as aforesaid, to set the same aside and
cause a new inquest to be made.

.Special tax. § 6. The city council shall have power by ordinance

to levy and collect a special tax on the holders of the
lots on any street, lane, avenue or alley, according to their
respective fronts owned by them, for the ; i rpose of paving
and grading the side-walks and lighting s -d street, lane,
avenue or alley; but the owners of propertv aforesaid may
make such grade and pavement under the directions of
such person or persons as the city council may designate
or appoint.

City surveyor. § 7. The city surveyor or his deputy or deputies shall

have the sole power, under the directions of th3 board of
aldermen, to survey within the city limits and all the addi-
tions thereto ; and he and they shall be governed by
such rules and ordinances and receive such fees and emol-
uments for his or their services as the board of aldermen
may direct. He shall possess such powers in making sur-
veys and plats within the city and the additions there o as
are given by law to county surveyors, and the like effect
and liabilities shall be given to his acts and to all plats and
surveys made by any such surveyor as are or may be giv-
en by law to the acts, plats and surveysof county surveyors

Article VIII.

Exempt from § J, The inhabitants of the city of Chester are here-

road labor. 3 ,. •',, jii-'i.

by exempted irom working on any road beyond the limits
of said city or from paying any tax for the spme.
street labor. § 2, The city council shall have power, for the pur-

pose of keeping the streets, lanes, avenues and alleys in
repair, to require every male inhabitant over twenty- one
years who are liable under the laws of this state to
road labor, to labor on said streets, lanes, avenues and al-
leys, not exceeding five days in each and every year, or
commute the same by paying to the street commissioner,

153 1855.

for the use of said city, such sum as may be assessed by
the city council.

6 3. The citv council shall have power to provide for Punishment of

1 "/vi 1 • • • A\ • offenders.

the punisnment of offenders by imprisonment m the city or
county jail in all cases where such offenders shall fail or
refuse to pay the fines and forfeitures which maybe recov-
ered against them, or may compel said offenders to work
out the amount of such fines and forfeitures on the streets,
lanes, avenues or alleys of said city.

§ 4. The city council shall cause to be published an- ^*Sed/° *'''
nually a full and completestatement of all moneys expend-
ed by the corporation during the preceding year, and on
what account received and expended.

§ 5. All ordinances and resolutions passed by the ^'/e'^omuons ^m
president and trustees of the town of Chester shall re- ^^^^^i^^jj"""^ '^^'
main in full force until the same shall be repealed by the
city council hereby created.

§ 6. All suits, actions and prosecutions instituted, com- ^"''^ *°<^ ^'"°°'
menced or brought by the corporation hereby created shall
be instituted in the name of the city of Chester.

S 7. All actions, fines, penalties and forfeitures which Forteitwes and

1 1 • 1 J r i.U penalties.

have or may accrue to the president and trustees or the
town of Chester shall be vested in and may be prosecuted
by the corporation hereby created.

§ 8. All property, real and personal, heretofore belong- ^aT'rTtrtyr**"'
ing to the president and trustees of the town of Chester for
the use of the inhabitants of said town shall be and the same
is hereby declared to be vested in the corporation hereby
created.

§ 9. All the powers herein granted and all licenses, ^^^J"^ president
permits, fees, &c., shall be vested in and exercised by the and trustees.
president and trustees of said town of Chester until the
mayor and aldermen of the city of Chester shall have been
elected and qualified; and all such licenses, fines or for-
feitures shall absolutely vest in the corporation of said town
of Chester, and be applied to the improvement of the
3treets, lanes and alleys of said town.

§ 10. Appeals shall be allowed from decisions in all ^pp^^^*-
cases arising under the provisions of this act or any ordi-
nance passed in pursuance thereof to the circuit court of
the county of Randolph; and every such appeal shall be
taken and granted in the same manner and with like effect
as appeals are taken from and granted by justices of the
peace to the circuit court under the laws of this state.

§ 11. Whenever the mayor shall remove from the city M&yoTprotem.
or shall resign or die or his office shall be otherwise vaca-
ted the board of aldermen shall immediately proceed to
eir 1 one of their number president, who shall be mayor
P7'0 tern.

1855. 154

pubiicact. § 12. This act is hereby declared a public act, ^ud may

be read in evidence in all courts of law and equity within
this state without proof.

Acts repealed. |i3. All acts and parts of acts coHiiug within pro-

visions of this charter or contrary to or inconsist .. with
its provisions are hereby repealed.

RxecuteproGess. § 14. The city marshal or any other officer ai.^' rised
to execute writs or other process issued by the m? ^ r shall
have power to execute the same any where w ■ n the
limits of the county of Randolpli, and shall be entitled to the
same fees as are allowed to constables in similar cases.
Approved Feb. 13, 1855.

In force Feb. 14, AN ACT to incorporate the town of Tiskilwa,

1855. ^

Section 1. Be it enacted by the people of the state of
Illinois, represented in the General ^^ssemhly, That tie

Kody corporate resident inhabitants of the town of Tiskilwa, in Bur.au

*nd politic. county, in the state of Illinois, are hereby constituted a
body politic and corporate, to be known by the name of
"The President and Directors of the Town of Tiskilwa,"

cenetai powers, and by that name shall be known in law and have perpet-
ual succession; may sue and be sued, plead and bo implea-
ded, defend and be defended in all courts of law and equity,
and in all actions and matters whatsoever; may grant, pur-
chase, receive and hold real and personal property within
the limits of said town and no other, burial grounds ex-
cepted, and may lease, sell and dispose of the same for the
benefit of the town, atul wave power to do all oti.er acts as
natural persons wliich may be necessary to carry out the
powers hereby granted, and may have a common seal, and
alter the same at pleasure.

Boundaries. § 2. That all of those tracts of land embraced within

the following boundaries, to wit : The N. half of the N. W.
quarter of section 18, town. 15 N., R. 9E.; the S. half of the
S. W. quarter of sec. 7, town. 15 N., R. 9 E.; and 30 acres
on the north side of the N. 1:'.. qr. of the N. E. qr. of sec.
13, town. 15 N., range 8 E.; the S. E. quarter of the S. E.
quarter of sec. 12, town. 15 N., R- 8 E.; the E. half of the
S. W. qr. of the S. E. qr. of sec. 12, town. 15 N., R. 8 E.;
and the E. half of the N. E. quarter of the S. E. qr.of sec.l2,
town. 15 N., R. 8 E., shall include the boundari*-: of said
incorporation. And it is further allowed that th*:- ud pres-
ident and trustees may hereafter include within t;-e litr.i's
of said corpora^^ion all other additions to said to v, ;, on pe-
tition of a majority of the inhabitants interested therein.

155 1855.

. § 3. The corporate powers and duties of said town Preskunt ami
shall be vested in a president and four trustees, who shall
constitute a board for the transaction of business, and
who shall serve without compensation, to be elected as
hereinafter directed.

§ 4. The qualified electors of said town shail annual- ^'^^^'*^"-
ly elect a president of said town, who shall be president
of the board of trustees; and also, at the same time, pro- /

ceed to elect four trustees, which election shall be held
annual y on the first Monday of April, except the first
election, which shall be as soon as the nature of the case
may admit of, by giving the necessary notice to serve un-
til others be legally qualified, which notice for the first
election shall be sufficient if given by any two qualified
electors in said town by written advertisement:- p sted up
in four of the most public places in said town tut 'b.>s previ-
ous to the election, and stating the purpose, time and place
of said election.

§ 5. That no person shall be eligible to the office of ^<"«"-
president or trustee of said town who shall not l^ quali-
fied to vote for state and '.ounty officers and who shall not
have been for six months previous to such election a resi-
dent and bona fide freeholder within the incorporated
limits of said town; and no person who shall not be quali-
fied to vote for state and county officers and who has not
resided within said corporate limits for three months shall
enjoy the privileges of an elector.

^ 6. The president and trustees elected at the first ''''^'^''°'^''-
election shall hold their office until the first Monday of
April, A. D. 1856, the annual election, and until their suc-
cessors are duly qualified ; and they, as well as their suc-
cessors in office, shall judge of qualifications, elections
and returns of their own members, and shall deteraiine all
contested elections. They may pass any ordinance gov-
erning the election of president and trustees and the elec-
tion of their officers and the mode of conducting the an-
nual elections, so that the same be not contrary to the ex-
isting laws of this state.

§ 7. The president and trustees of said town shall by ^^^f,'',^ *°''° '*^-
this act have power to appoint as officers of the said corpo-
ration a clerk, a treasurer, who shall be ex officio assessor,
a constable, who shall be ex officio collector, a street com-
missioner, a board of health, and such other officers and
agents as the said board may, from time to time, deem ex-
pedient.

§ 8. The president and trustees of said town shall <^''*^ "'^i'^^' ^'^^
have power to provide by ordinance and require all
officers appointed as afore aid in pursuance of this charter
to give bonds with pena y and security for the faithful
performance of their respective duties, as may be deemed

1855.

156

Streetsjlauesj al-
leys, &c.

(Sradoj pave and
improve Etreeta.

expedient; and also, to require all officers appointed as
aforesaid to take an oath for the faithful performance of
the duties of their respective offices before entering upon
the discharge of the same, which oath may be taken before
any police magistrate or justice of tlie peace in said coun-
ty. And it is herein provided that the oath of qualifica-
tion for president and for each of said trustees which
each shall take and subscribe shall bie substantially a?
follows : " That I, as president of the incorporated town of
Tiskilwa, or as trustee, as the case may be, do solemnly
swear (or affirm) that I will support the constitution of
the United States and the constitution of the state of Illi-
nois, and that I will well and truly perform the duties of my
office to the best of my knowledge and ability;" and in ad-
dition he shall take the oath prescribed in the constitution.

§ 9. The president and trustees shall have power to
fill all vacancies in the board occasioned by death, resig-
nation, removal out of the corporation and such other
cause as may vaca e any office among the members or
officers. A majority shall constitute a board to do busi-
ness, but a smaller number may adjourn from day to day.
Absent members may be compelled to attend under such
penalty a^ the board may provide. They may determine
their rules of proceedings, and make such other rules and
regulations for their government as to them may seem
proper and expeaient. The said board shall have power
to call special meetings whenever the public good may
require it, according to any rule or regulation that may be
made by said board of trustees. They may ordain, when
and at what times their regular meetings shall be held,
and pass any ordinance relative to the manner in which
special meeting may be called,

§ 10. The president and trustees of said town shall
have power to cauje all streets, alleys and public roads
within the limits ot said town to be kept in good repair,
and lo this end they shall require every male resident of
said town ever the age of twenty-one years and not e:'-
ceeding 60 years to labor on the same not exceeding three
days in each and every year, and if such labor be insuffi-
cient for that purpose, to appropriate so much from the
general funds of the corporation as they shall deem ne-
cessary t! erefor.

2d. To open, alter, vacate, widen, extend, establish,
grade, pave or otherwise improve any streets, avenues,
lanes, alUys, public grounds and public roads within the
limits'of said town,

3d. To make, construct and keep in repair side walks or
pavements in front of any lot or lots adjacent to any street or
streets in said town, and to levy and to collect a tax, from
time to time, upon the lot or lots in front of which such

157 1856.

side- walks or pavements are or shall be oi Jered and pro-
posed to be made, constructed or kept in repair : Provi- ^rc^'s^o-
ded, such tax shall be levied on such lots proportionate to
the length of their respective fronts, and provided such tax
shall not exceed one half of the cost of such construction.
And the said president and trustees, as aforesaid, may
adopt such modes and means for the assessment and col-
lection of taxes, not inconsistent with the laws of this
state, as they may, from time to time, fix upon and deter-
mine by ordinance, and prescribe the manner of sellinif^
prop-rty when the taxes levied and assessed upon it are
not paid : Provided, that all the proceedings shall be had Provided further.
ir. reference to the delinquent taxes as are now or shall be
required by -the revenue laws for the collection of the
state and county taxes; and the collector shall give due
notice by publication in a newspaper if any is published in
said county, and make application to the county court of
Bureau county for judgment against said delinquent lands
and lots; and the said county court sliali have jurisdiction
over the same. The sales of said lands and lots shall be
held within the corporate limits of said town; and the said
constable shall have full authority and power to make and
execute all deeds and conveyances under this act when
thereto directed by said board of trustees.

4th. When any town lots or real estate shall be sold for Lots sow for tax-
taxes by virtue of this act the same may be redeemed at dLmea.
any time within two years from the date of such sale, by
the owner oi such property or his or her agent, executor,
administrator or other representatives, by paying to the
treasurer of said town the amount of redemption money
required by law in the same manner as is now provided or
may be provided for redemption under sales sold for taxes
under the revenue laws, and the same rights shall be se-
cured to mmoYS^femmes covert, &c., as is now provided
by law.

§ 11. That the president and trustees of said town A-ioiatioDs of th*
may provide, by ordinance, penalties for the violation of ttisact. ^
any of the powers in this act enumerated; and they are
hereby further empowered to make regulations and pass
ordinances to secure the general health of the inhabitants,
and to prevent the imt.oduction of contagious diseases
into the town.

2d. To declare what shall be a nuisance and to pre- Nuisauce.^.
vent and remove the sai:ie.

3d. To provide the town with water, to erect cisterns,
hydrants or pumps, for the convenience of the inhabitants,
if necessary.

4th. To restrain, regulate or prohibit the running at cattie.
large of cattle, horses, sheep, swine, goats and other ani-
mals, .".nd to authorise the distraining, impounding and sale

1855.

158

I*ubUc pounds.
Gaming.

Disorderly house;

iJuupowder, &c,

Ardout spirits.

Compensation.

Kmes ami for-
feitures.

of the same, and to prohibit any indecent exhibition of
horses or other animals.

5th. To prevent and regulate the running at large of
dogs, and authorise the destruction of the same when at
at large contrary to any ordinance.

6th. To prevent horse racing or any immoderate ri-
ding or driving within the limits of said town of "horses or
other animals; to prohibit the abuse of animals, to com-
pel persons to fasten their horses and other animals at-
tached to vehicles or otherwise standing or remaining in
any street, alley or public road in said town-

7th. To establish and maintain a public pound, and ap-
point a pound master and prescribe his duties.

8th. :^' restrain and prohibit all descriptions of gamb-
ling and fraudulent devices; and to suppress and prohibit
billiard tables, ball alleys and all other gaming establish-
ments.

9th. To suppress and prohibit disorderly houses or
groceries and houses of ill fame.

10th. To regulate, suppress and prohibit all exhibi-
tions of common showmen, shows of every kind, cara-
vans, circuses and exhibitions and amusements.

11th. To regulate, suppress and prohibit any riot, af-
fray, disturbance or disorderly assemblages, assaults, as-
saults and batteries, or shooting within the limits of said
town.

i2th. To regulate the storage of gunpowder and other
combustible materials.

i th. To provide the town with water for the extin-
gishment of fires, and for the convenience of its inhabit-
ants.

14th. To suppress and prohibit the selling, bartering
exchanging and traffic of any wine, rum, gin, brandy,
whisky or other intoxicating liquors within the limits of
said town : Provided, they may allow bona fide druggists
to sell the same in good faith, for purely medicinal, me-
chanical or sacramental purposes and for no other pur-
pose : Provided, that this section or the proviso thereto,
shall be subject to any general law which may be pas-
sed.

15th. To appropriate and provide for the payment oi
any debt or expenses of the town, and to fix the compen-
sation of town officers for their services.

I6th. To make all ordinances which shall be necessary
and proper for carrying into execution the powers speci-
fied in this act, or which they may deem necessary or ex-
pedient for the better regulation of said town, and to ex-
ecute the same and to impose fines, forfeitures and penal-
ties for the breach of any ordinance or any of the provi-
sions of this act; and to provide for the recovery and ap-

159 1855.

prop -^^"t ton of such fines and forfeitures and the enforce-
meri. . such penalties : Provided^ tliat in no case, es^cept Proviso.
in assau/.t and assaults and batteries, riots or affrajs, shall
such fine or penalty exceed the sum of twenty- five dol-
lars for any one offence.

That the inhabitants of said town are hereby exempt- Exempt frora
ed ^"rom working upon any road beyond the limits of said ^°*<^ i*''*"".
town or corporation, and from paying any tax upon pro-
perty vithin its limits to procure laborers to work upon
any such road.

Any fine, penalty or forfeiture incurred under this act Pines how recov-
or ny by-law or ordinance made in pursuance of this act,
may be recovered, together with costs, before any justice
of i-he peace of said county, in the name of the presidont
anfl trustees of the town of Tiskilwa, by action of debt,
for the violation of said by-law or ordinance; and several
fines, forfeitures or penalties for breaches of the same or-
dinance or by-laws, not exceeding one hundred dollars,
may be recovered in one suit; and in all cases suits shall
be coinmenced by summons, which shall be served as now
directed by the statute of this state : Provided,^ in sjny
case of emergency, or in case the offender is about to flee,
or it may appear uncertain whether he will reinain, a
sumjnons may issue to bring him forthwith to answer unto
the charge preferred against him. Upon rendition of judg-
ment the justice shall issue execution immediately for the
penalty or forfeiture and costs of suit, which may be levied
upon any personal property of the defendant or defend-
ants not exempt from execution.

§ 17. If the constable shall return upon such execu- capias.
tion, •' no property found," then the justice shall issue a
capias against the body of the defendant or defendants and
the nonstable shall arrest such person or persons, and
commit him or them to the jail of the county, to remain
forty eight hours; and if the judgment and costs exceed five
dollars, then to remain in close custody in said jail twen-
four lours for every two dollars over and above the said
five dollars, and so in proportion to the amount of the
judgjnent and the costs : Provided^ however, if the said Proviso.
presi lent and trustees or their attorney shall require a
trans 'ript of the judgment and costs to be certified to the
clerk of the circuit court of the proper county, to have
the s; me levied upon real property, and signify the same
in wr.ting to him, he shall not issue a capias as aforesaid,
but si all, without delay, certify a transcript thereof and
all th' proceedings according to law to such clerk, which
shall be filed and recorded as in other casei; and such
judmeut shall have the same force and effect as in other
cases : Provided, an appeal may be granted within five

1855.

160

Clerk to keep rec'
ord.

Town treasury.

Appeals

Rlectiou to tio
held on the se-
cond Monday of
March.

days after the rendition of judgment, with the same privi-
leges to all parties as in other cases.

§ 18. The president and trustees shall reauire their
clerk, and it shall be his duty to make and keep a full and
faithful record of all their proceedings, by-laws and ordi-
nances, and of the lime, place and manner of the publica-
tion of such ordinances and by-laws in a book to be pro-
vided for that purpose; and such book, purporting to be
the record of the corporation of tlie town of Tiskilwa,
shall be received in all courts without further proof as
evidence of such matters therein contained. And all or-
dinances, before taking effect, shall be published at least
ten days in a newspaper published in said town, or by post-
ing up copies of the same in at least three of the most
public places of said town, and shall be written out and
shall be signed by the president and clerk on said book of
record.

§ 19. The justice of the peace and constable who
may render services under this act siiail be entitled to the
same fees and collect them in the same manner as is now
or may be herealter prescribed by law.

§ 20. All fines, forfeitures and penalties received or
collected for the breach of any ordinances of said town
shall be paid into the treasury of said corporation by the
officer or person receiving or collecting the same.

§ 21. The president and trustees shall not be required
in suits instituted under this act or the ordinances passed
by virtue thereof, to file before the commencement of any
such suit any security for costs.

§ 22. Appeals shall be allowed from decisions arising
under the provisions of this act or any ordinance passed
in pursuance thereof to the circuit court of Bureau coun-
ty; and every such appeal shall be taken and granted in the
same manner and with like effect as appeals are taken from
and granted by justices of the peace to the circuit court
under the laws of this state; and the venue may be re-
moved from the justice before whom any action may
be brought for any violati)ns of this act or the ordi-
nances under the same, tor the same reasons and in the
same manner as is now prescribed by law in other cases
before justices of the peace.

§ 23. This act is hereby declared to be a public act,
and may be read in evidence in all courts of law or equity
within the state without further proof.

On the sftcond Monday in March next an election
shall be held by all the legal voters within the proposed
boundaries of said corporation, whether this act shall be
accepted and said boundary incorporated under this act.
Said election shall be held at the brick school house, in
the village of Tiskilwa. The voters assembled shall ap-

161 1865.

point a clerk and judges of said election. If at said elec-
tion a majority of said voters shall vote for accepting said
act the same shall be in full force, but if the majority be
against it this act shall cease to have any effect; and the
certificate of the judges and clerk at said election shall be
filed with the clerk of the county court of Bureau county,
and shall be prima facie evidence of the acceptance of
this act.

This act to take effect from and after its passage.

Approved Feb. 14, 1855.

A.N ACT to amend an act entitled "An act to amend an act entitled 'an act In force Feb. 12,
to incorporate the town of Lacon,and the several acts amendatory thereto, '^^•

and to consolidate the same.'"

Article I.

Section 1. Be it enacted by the people of the state oj
Illinois, represented in the General Jissemhly, That sec-
tion number nineteen of article eight of the act to which Act repealed and
this act is amendatory is hereby repealed; and hereafter,
in all suits, actions, prosecutions and proceedings for the
breach or violation of any of the ordinances of the said city
of Lacon, now in force or hereafter to be passed by the
city council, the first process shall be a warrant or sum-
mons, returnable forthwith, which shall state, briefly, the
nature of the offense, and give the number of the section
or sections and the title of the ordinance violated, and ma)-
be executed by the city marshal or any police officer or by
the sheriff, coroner or any constable of Marshall county,
at any place within said county.

§ 2. Previous to the issuing of any warrant, as afore- compiwnf,.
said, a complaint shall be made by the mayor, any alder-
man, the city clerk, city attorney or city marshal, in their
official capacity, and if made by any other person shall be
made in writing, verified in the usual way, and may be
made upon information communicated.

§ 3. Any person may be charged with, found guilty of pmexi tw breaoh
and fined for the breach or violation of different clauses of ''fo""'"*"'"^.
the same ordinance and different sections of the same or-
dinance under the same prosecution; but in such cases the
sum of all the penalties shall not exceed one Imndred
dollars.

§ 4. The trial of prosecutions for violation of city or- prosecuitioiaemv
dinances may be continued from time to time, for good *•« •^""""^^
25

1855. 162

causes shown, at the discretion of the police magistrate or
other justice of the peace; but in sucli cases the defendant
shall give bail for iiis appearance for trial or remain in
custodj; and in all cases when any person shall be fined
by virtue of any ordinance of said city such person sha'l
be h« id in custody by the officer having him or her in
charge till the fine and cost are paid, and shall stand com-
mitted to the common jail of Marshall county until legally
discharged; and the sheriff of said county is hereby requi-
red to receive and safely keep such prisoner, in like man-
ner as required by the laws of this state.
Persons released § 5. Any persou fined oi" held in custody as aforesaid
oonsinr'"**'' ^^ ™^y ^^ released from custody or imprisonment by consent,
in writing expressed, of the mayor or person appearing as
attorney on behalf of the city; but such release shall not
discharge such person Irom the payment of the fine and costs
or from commitment after execution has been issued and
returned "no property found."
City of Laconto § 6. The City of Lacou shall be the plaintiflfin all suits
be plaintiff. ^nd prosecutious for the breach or violation of the ordi-
nances of said city, and shall not be liable for or required
coiiipensatiou of to pay the costs when the defendant is acquitted; but the
fratT ™*^'* city council may allow the police magistrate and city mar-
shal, each, a sum not exceeding twenty five dollars per
annum, for ex officio services, and may provide that an at-
torney fee, not to exceed five dollars, shall be collected of
the defendant, in case of conviction, as other costs.

Article 11. — 0/ additional Powers conferred on City

Council.

speciaipoiiceman § 1. The City couucil shall have power, when they
deem it necessary, to appoint one special policemao
in each ward of the city, wiio shall be qualified ind give
bond in like manner as *he city marshal, and be authorised
to serve and execute all writs and process issued by virtue
of any ordinance of said city, and shall be liable to the same
penalties and entitled to the like fees.

Prevent the run- § 2. The city couucil shall have power to regulate, re-

ning at large of g^j.g^jfj^ suppress and prohibit the running at large of dogs
and all other animals within the city limits, and to declare
the same to be a nuisance and to abate the same.

puuish for disor- '^ 3. The city council shall have powsF to provIdc, bj
deriy behavior. Qj.(jinance, fof the punishment of any person for making
disturbance or for disorderly behavior at city elections;
also, any person who shall vote at any city election who is
not legally entitled to vote thereat, or any person who shall
vote more than once or in different wards at the same elec-
tion, and any person who shall knowingly persuade, influ-
ence» bribe or constrain any such person to vote, as afore-

163 1856.

said, by tine, not to exceed one hundred dollars, and by
impri-' limciir, not to exceed three months, and to punisli,
by liktt [H^naiLies, all judges and clerks of any city election
and all persons ofRcially conducting the said city elections,
for any fraud, breach of good faith or willful dereliction of
their duties concerning such election under the laws of this
state and ihe ordinances of said city.

§ 4. i ' /,// be it further enacted^ that the city council to suppress ibe
of the . iu jity of Lacon shall have fu 1 power and author- ^?e oT wden't
-ity, in addition to what is conferred by the act to which '^'"'"''•
this act is amendatory, to restrain, suppress and prohibit
4he manufacture, importation, vending, exchanging, bar-
tering or the giving away any brandy, whisky, rum, gin or
.wine, r-rtd all other spiritous, vinous, malt, mixed, distilled
or intoxicating liquors, in any and every quantity what-
.ever, vvritliin the corporate limits of the said city of Lacon;
and further, to declare all buildings, sliops and other pla- Declared pubi^
ces where any or all of such liquors are manufactured, "'"^^°'=<^^-
sold or given away, as aforesaid, to be public nuisances,
-and to provide, by ordinance, for the abatement ot the
same; and to provide, by ordinance, to fine any offender^
and ta pass and enforce all ordinances necessary to effectu-
,ally carry out the powers above conferred.

§ 5. This act shall not be construed to annul any ordi- ordinances un
nance of said city heretofore passed, bui. the same shall re- '■*^^®*^®^"
main in full force and be operative until amended or re-
pealed by the city council.

§ 6. ihis act is hereby declared to be a public act, Puwicart.
and may be read in evidence in all courts of law or equi-
^ty in this state without proof.

§ 7 I'his act shall take effect and be in force from
sand after its passage.

Apprc VKD Feb. 12, 1855.

AK ACT to incorporate the town of Atlanta, in Logan county. In force Feb. K,

1885.

Section 1. Be it enacted by the people of the state of
Illinois, represented in the General tdssembly, That the
inhabitants of the town of Atlanta, in the county of Lo- Name and styi*.
gan, and 3late of Illinois, arc hereby constituted a body
politic and corporate, to be know" by the name of "The
Preside! ': and Trustees of the ToA/n of Atlanta," and by
that n£:i.e shall be known in law, and have perpetual suc-
cession; may sue and be sued, plead and be impleaded,
defend and be defended in all courts of law and equity
and in all actions and matters whatsoever; may purchase^

1855.

164

take, receive and hold personal property and real estate
wit!) n the limits of said corporation, but not elsewhere,
(burial grounds excepted;) may lease, sell and convey
the same and do all other lawful acts within the scope of
this act of incorporation the same as natural persons do;
may have a common seal and alter or change the same at
pleasure.
BuHiKiaries § 2. All that district of country contained in and
known as section twenty-seven, and south half south east
and south half south west quarter, section in town-
ship twenty-one, range one west of the third principal me-
ridian, in Logan county, is hereby declared to be within
the limits of the corporation created by this act : Pro-
vided, that the board of trustees may hereafter extend
the limits of said corporation so as to include all additions
that may be made to said town.
Cjri orate pi.weri § 3. The corporate powers of said town shall be vest-
ed in a president and five trustees, who shull constitute a
board for the transaction of business and who shall be
elected by the qualified voters of said corporation as
hereinafter directed, and shall hold their offices for one
year or until their successors are elected and qualified;
they shall receive no compensation for ther services, ex-
cept that they shall be exempt from road labor during the
the time they are in office.
QtwcftiA. 6 4. There shall also be one town constable, one town
treasurer, who shall be ex officio assessor, one street com-
missioner and one town clerk, who shall be chosen by the
board of trustees at their first regular meeting after they
are elected and qualified, or at as early a day thereafter
as may be practicable, who shall hold their offices for one
year or until their successors are elected and qualified :
Provided, that the town constable and treasurer may be
elected by the legal voters of said corporation if thought
best by the board of trustees. The said officers shall have
such compensation for their services as the board may al-
low, except the constable, who shall be allowed the same
fees as other constables.

§ 5. No person shall be entitled to vote or hold office
under this act who shall not be a naturalized citizen of the
United States and shall not He twenty- one years of age
and shall not have resided in said corporation at least
three months, and shall not have residtd in this state at
least twelve months preceding the time of election.
Tieasurer and § 6. The treasuref End €onstable shall at the first reg-
?ntobond8.™'" ular meeting of the board of trustees after their election
or sooner, respectively, give bonds, with one or more sure-
ties, to be approved by the board, in a penalty of at least
five hundred dollars, conditioned far the faithful discharge
of their duties respectively.

Term of officp.

Qualiacatlon?

165 1856

5 7. It shall be the duty of the town clerk to give no- Town cierk u,

A.' c ^^ 1 J • 1 I ,• l_ ^' give notice of e-

tice 01 all regular and special eleclions, by posting up no- lecuons.
tices in three of the most public places in the town, spe-
cifying the time and place of holding the same at least
five days previous thereto : Provided, that if a public
newspaper be published in said town, said notice may be
given as herein provided by publication in said paper.

§ 8. The board of trustees shall be judges of the ^"^'"f -'f i'^"s^f'='
qualitications, returns and election oi their own meinoers quaiticat. :!s.
and of all other officers of the town ; they shall have
power to fill all vacancies in the board occasioned by
death, resignation or by three months' absence of any
member thereof. A majority shall constitute a board to
do business, but a smaller number may adjourn from day
to day, may compel the attendance of absent members and
under such penalties as the board may provide; they may
determine their rules of proceedings and make such other
rules and regulations for their government as they may
deem expedient.

§ 9. The five trustees shall constitute a board of elec- Board of eiecuon.
tion, two of whom shall act as clerks and who shall open Poiis when open -

.. II •! .• 5ii-ii/» led anil closed .

the polls precisely at nine o clock in the forenoon ana
keep the same open until five o'clock in the afternoon.
Before entering upon the duties of judges and clerks they Judges and c.erk

I II 1 1-1 c • r II 1 • 1 • I tomakeoaUi.

shall be sworn to discharge rait itully their duties as such
officers of election, which oaths may be administered by
the president of the board, any acting justice of the peace
in said county or by one of their number who has already
been sworn as such officer of election. Said elections ^^'^5^/^\°'^ '°''®^''
shall be by ballot and shall be conducted as other elec-
tions for county and state officers, except as herein pro-
vided. After the polls are closed the votes shall be count-
ed and the books, with the proper certificate and ballots, "^
shall be sealed up and kept by one of the board and not
opened until the next regular meeting of the board, when
any pers <n may have the right to contest the election of
any officer who claims to be elected, but not afterwards;
the board shall have power to determine the merits of the
contest for s^id office.

§ U). There shall be elected, at the first regular elec- justice of the
tion of corporation officers, and every two years tliereaf- J'®*'"*-
ter, a justice of the peace, who shall hold his office in said
corporation, and shall have all the power- and jurisdiction
of other justices of the peace, who shall give bond, be
commissioned and qualified in the same manner as other
justices. At the election at which said justice is to be
chosen the officers of election as judges and clerks shall
make out and forward to the county clerk of Logan coun-
ty returns of the same, exactly as in the election of other
justices of the peace. Said justice shall have exclusive jurisdiction.

i855. 166

jurisdiction over all snits growing out of violatiors of any of
the ordinances of said corpoiation, except in case of
his absence or inability to serve, wiien the ne>:t nearest
justice in the county shall have power to act.

President aua § H- The president, triistecs and all other officers of

rnistees. j.j^jg Corporation, before enteiing upon the duties ol their

offices, shall take an oath before some justice of the peace
to support the constitution of the United Stater and of
this state, and faithfully and impartially to discharge the
duties of their several offices.

Levyaiid ouiisct § 12 The board of trustees shall have power to levy

^^^^** and collect taxes for general purpose.*: annually upon all

real and personal estate within the limits of said corpora-
tion, not to exceed fifty cei^ts on each hundred dollars
r pon the assessed value thereof; to ma^fe gene; al regulations

f?-nerai poverp. to sccuro the general health of the inhabitants; to prevent
and remove nuisances; to restrain stock ol all kinds and
dogs from running at large; to erect and keep rn repair
bridges; to license and regulate auctions, shows and ex-
hibitions and other performances for the admittance to
which money is charged; to regulate, re«t; -lin or entirely
prohibit the sale or the having in possession for sale any
spiritous, vinous or malt liquors; to prchibit the keeping of
any gaming liouse or house of ill fame; to prevent the dischar-
ging of fire arms or fireworks within the corporation; to es-
tablish, erect and keep in repair maikets; to open and keep
in repair streets and avenues, lanes and al'eys, drains and
sewers, and side-walks, cross-walks, and to pl&nk, grade
or macadamise any street, alley, avenue or lane; to estab-
lish a fire department and to prevent and 'Extinguish fires;
to dig wells and erect pumps in the streets for public
convenience ; to regulate the storage of gunpowder and
other combustible materials; and to mal • , from time to
time, such other ordinances and regular., ns as shall be
found necessary for the public good and i ot inconsistent
with the constitution of the United. States or the constitu-

Afflx penalties for tioH and laws of this state; to fix penalti*/'^ for the viola-
vioiation. ^j^^ ^^ ^j^p same, and to provide for the collection thereof.

Of appeal and ^ 13. Appeals End cliaugcs of venue may be taken,
ime"^'^'' "^ ^^ and writs of certiorari allowed trom decisions of the jus-
tice of the peace, in any matter growing out of a viola-
tion of any of the ordinances of said corporation the same
as in other cases before a justice of the peace.

Thedutie: ,t .,=. ^ 14. The treasurer shall, on the 1st iMonday in the
month of September ot each year, commence hi? duties as
assessor, and shall have power to proceed, in every respect,
as county assessors, and shall, within forty days make out
a full assessment of all the real and personal property in
said corporation, and shall furnish the same to the board
of trusteesj who shall, within ten dfys, pr jceed to levy

sessors.

167 ~ l&o5.

the tax. The clerk shall then within five days give notice cierk to give r.c-
of the rate of the taxes levied, and the books shall then
remain in his hands until the 25tii day of November, sub-
ject to inspection, and during whicii time any person
feeling aggrieved by tiie assessment may go before the
board and his complaint shall be heard; and if it shall ap- ^o^er to modify

,,,.*,,. ^, , *,or reduce taxa-

pear to the trustees that any property has been assessed tion.
at too high a rate they shall have power to modify or re-
duce the same. The clerk shall, after the 25th day of
November, proceed to compute the taxes on the property
assessed at tiie r-ite fixed, and make out a correct copy of
the assessor's book, with such alterations as have been
made by the board, if any, extend the taxes due thereon
and certify the same and affix the corporate seal thereto,
and place the same within the hands of the collector of
Logan county within ten days, who is em()Owered and re-
quired to proceed to collect the same and pay over to the
president and trustees of said corporation the same within
three months : Provided^ that if at the expiration of that Proviso.
time any portion thereof should remain unpaid the said
collector shall proceed, as in the collection of other taxes,
to enforce the collection thereof; for all which he shall
be allowed the same commissions and costs as for the collec-
tion of other taxes.

§ 15. The board of trustees shall have power to bor- May borrow loc-
row money on the credit of the town : Provided^ that the ^^^'
amount of money borrowed and the indebtedness of the
corporation on account of money loaned, shall at no
time exceed one thousand dollars, and at a rate of inter-
est not to exceed ten per cent.

§ 16. No loan or borrowing of money on account of sioiieof boirow-
said corporation shall at any time be made to exceed two >"s™''"*'--
hundred dollars, in all, until authorised b} a ranjority of
the legal voters of said corporation, to be determmed by
ballot, for which at least ten day's notice shall be given,
in the same manner as in other elections.

§ 17. Copies of all ordinances passed by the board of ordinances lote
trustees shall be posted up in three of the most public p^^"**"^*^'
places in the town or published in a newspaper, if there
be one published in the town, and shall take effect five wben to take ef-
days after such publication. It shall be the duty of the clerk ^^"'^
to post copies of ordinances when required by this act,
and shall cause a copy of such ordinances to be spread copytoberiacfi
upon the records of said town, and shall append his cer- °"''®'°'' "
tificate thereto, setting forth the time and places and man-
ner of such publication, the production of which or a
certified copy thereof shall be prima facie evidence of
the facts therein stated, in reference to such publication,
in all courts and places whatsoever. In cases where or-
dinances are publiseed in a newspaper in said town the

1855. 168

certificate of the publishers thereof of the fact of such
publication shall he prima facia evidence thereof.

Time of holding § 18. The time for holding the first general election
efemOT.^^"^'^*' for officers of said corporation shall be on the first Mon-
day in April, and regularlj, thereafter, on the first Mon-
day in April in each year: Provided, that if said elec-
tions or any of them should not be held at the time
specified it shall be lawful to hold the same at any subse-
quent day, as early as is practicable, by due notice being
given, as herein provided, by the clerk or by at least five
legal voters of the town.

I'resitient and § 19. The first regular electiou for president and trus-
Hpcted! ^^^^ tees shall take place on the day and time of day herein-
before provided, at such place in the town of Atlanta as
shall be selected by a majority of the legal voters present;
and said legal voters shall have power to choose two of
their number to act as judges, who shall elect a clerk,
who shall proceed to be sworn as herein required, and
shall conduct said election as is required by this act, shall
canvass the votes and make certificates, under their hands
and seals, of the persons elected, and deliver the same to
them, and make such otiier returns as are required by
this act, to the county clerk of Logan county, or the board
of trustees at their first meeting, as the case may re-
quire, as is required by this act.

-Meeting of the § 20. The regular time of meeting of the board of

board of trus- tj-ngtees shall be fixed by them at their first meeting; and
the same shall be entered upon the records of the town,
and published as other ordinances.

Trustees to liave § 21. The board of trUStceS shall liaVC exclusive Con-

school's', °* ^^^^ of schools in said corporation, and may h^ve power
to declare all common schools in thf limits of said corpo-
ration tree, and may provide for the erection of scliool
houses and the employment of teachers, and may provide
for the payment of the same out of the common funds of
iTnviso. the corporation : Provided^ that this act shall not de-

prive them of any of the benefits of any school fund that
may be drawn by other school districts.
i'<werto punish ^ 22. The board of trustees shall have power to pro-
fa"t"n°^of^^ord'i- vide for the punishment of persons who may be guiliy of
ii«no<»=. affrays, assaults and battery, quarrels and other offences

against ti)» peace and good order of the town, and shall
have the right to recover penalties therefor to the same
amount and in the same manner as provided by the statute
of this state in the same cases : Provided, that in such
cases the justice of the peace may issue his writ, on the
making of the proper complaint, and the offending party
or parties sliall be brought, forthwith, to trial; such suits
to be commenced in the name of "The President and
Trustees of the Town of Atlanta;" and in said writ shall

169 1866.

be designated the chapter and section of the ordinance
agaiwSt which the said party or parties have offended.

§ 523. All actions for fines, penalties and forfeitures violations to b.-

/•.ii I c J- c • Ji ^ prosecuted .

accruing tor the breach ot any ordinance ot said town
shall be instituted and prosecuted in the name of " The
President and Board of Trustees of the Town of Atlanta,"
upon complaint of any person before the justice of the
peace of said town, by action of debt. The ordinary
process shall be by summons, except in such cases as is
provided for in the foregoing section, and in cases where
the party complaining shall state, under oath, that he has
good reason to believe the party accused to have commit-
ted a breach of an ordinance of th^ corporation, and that
he believes the party accused is about to abscond or de-
part without the limits of the corporation or has so ab-
sconded or departed, then the justice of the peace may
issue his warrant, returnable forthwith. The party ac- Jnsticeof th*
cased, in all such cases, shall remain in the custody of the ws^warramf"
officer until such suit is disposed of, and the fine and
costs, if any, imposed upon him paid or otherwise dis-
charged according to law, unless he shall enter into a re-
cognisance, with good security, before final judgment in
the cause, before the justice of the peace, in double the
amount of the penalty that may be inflicted upon him, condi-
tioned that he will pay the judgment and costs that may
be rendered against him; and in default of such bail the
officer may commit the party accused to the common jail
of the county until the case shall be heard. The justice
of the peace shall grant but one continuance in favor of Bntone continn-
the plaintiff where the adverse party is under arrest. The the piamtiff: "^
recognisance shall be filed in the office of the justice of
the peace, and in case of forfeiture shall be transmitted
by him to the clerk of the board of trustees.

5 24. The town constable .hall have the same general Constable's ju-
jurisdiction and authority within the county of Logan that
constables have under the general laws of the state, and
shall be subject to the same liabilities, and shall have ex-
clusive authority to serve all writs wher-^in the ordinances
of the town have been violated, except in case of his ab-
sence or inability to serve, when any other constable in
said towti may act.

§ 25. The board of trustees shall have power to ap- Attorney to be
point an attorney to attend to all suits for tie breach of *^^'"°'*^"
ordinances, and shall have power to provide for the taxa-
tion of his fees in each case, not to exceed two dollars,
and for the recovery of the same, with other costs of the
suit.

§ 26. The board of trustees shall have power to pro- Trustees may im-

•J.J.1 '1 I. c tr A >•• • prison offender

Vide tor the punishment or otJenders by imprisonment in incases when
the county jail in all cases where such offenders shall fail pa^flnes?**^ ^

1855. 170

or refuse to pay any fine or forfeitiire recover' d against
them for the breach of any ordinance of the tc. rs : Pro-
vufedf that such imprisonment shall not be of 1 i '<er du-
ration than at the rate of twenty-four hours' im} risonment
for every three dollars of the fine and costs.

Pines not to ex- § 27. No fine for breach of any Ordinance sh ;'! exceed

lars. fifty dollars, nor imprisonment for like offenc. twent}'

days.

Bxempt from § 28. The inhabitants of said town shall be t^vimipted
from working oti any road beyond the limits of id cor-
poration, an.l from paying tax to procure laborer;-; (o work
upon the same. Tfie board of trustees shall hn\ c power,
for the purpose of keeping lanes, alleys and streets in re-
pair, to require every able bodied male inhabitant of the

^'^ornof to'^es- towu, exceot a«! herein provided, over the age '.■<^' twenty-
ceed three days, one year«, to labor on the same not exceeding tlisee days
in each year; and any person neglecting or ref >i,ig to do
so, after having been notified by the street con^ni',-^<?ioner,
shall forfeit and pay one dollar and twen^y-fivf^ -^nts for
every day he shall have been required to worl and so

Proviso. neglected or refusjcf' to perform : Provided^ tli u layper-

son may be exempted from such labor by pa^ -n ,; to the
street commissioner the sum of one dollar for e rS day he
may be required to work when called upon to n, .u)rm the
same.

§ 29. This act to be in force from an(\ fter its
passage.

Approved Feb. 14, 1855.

Tb force Feb. 15, A^' ACT to incorporate the town of Brooklyn, in Massac coui ry, state of
'855- I.linois.

Section 1. Be it enacted by the people oj Hu slate of

Illinois, represented in the General JlssemhI.'j. i'liat the

Body corporate inhabitants and residents of the town of Brook , u. iVTassac

and politic. , , i i i ^ -i- •

county, are hereby made a body corporate an ; >atic, m
law and in fact, by the i ame and st)'le of '-T^ (^.esident
and Board of Trustees of the Town of Brooklii," and by
that nauie shall have perpetual succession, and a common
seal, which they may alter at pleasure, and ia • Som the
government of the corporation shall be vested a.;^ y whom
its aflfiirs shall be managed.
Boundariee. § 2. The boundary of said corporation sh^li be as fol-

low"!, to wit : Commencing at the water's e(! ^^ O[)posite
the lower town boundary, on the Ohio river, and run back

171 1866.

nortii far enough to include four blocks; thence east oppo-
site the upper line of ten acres of land bought of ChaiK;^
Peli by Wright & Sterling, and known as the mill proper-
ty; thence south to George's bayou; thence down said
bayou to its mouth; thence west down the Ohio river to
the place of beginning.

§ 3. Whenever any tract of land adjoining the town o'i Additions.
Brooklyn shall be laid off" into town lots and duly reci i J-
ed, as required by law, the same shall be annexed to aud
form a pait of said corporation.

§ 4. The inhabitants of said town, by the name and st) ie Generat powers.
aforesaid, shall have power to sue and be sued, plead wiid
be impleaded, defend and be defended in all courts of law
and equity, and in all actions whatever; to purchase, re-
ceive and hold property, real and personal, in said town;
to purchase, receive and hold property, real and peison-
al, beyond the corporation limits, for burial grounds and ior
other public purposes, for the use of the inhabitants ot said
town; to sell, lease or dispose of property, real and p^er-
sonal, for the benefit of said town, and to improve and j ro-
tect such property, and to do all other things in relation
thereto as natural persons.

§ 5. The corporate powers and duties of said tuwu Tmsteee.
shall be vested in five trustees, who shall form a board for
the transaction of business; and the persons who may be in
office, as trustees, in said town under the general incorpo-
ration act of this state shall, after the passage of this act,
be deemed to hold their offices by virtue oi this act until
the first Monday of April, 18 — , and until their successors
are elected and qualified, and to discharge their duties in
conformity to the provisions of this act.

§ 6. That there sh'ill be, on the first Monday of April Election of tms-
next, be elected five trustees, and on every first Monday of
April thereafter, who shall hold tlieir office for one }ear,
and until their successors are elected and qualified; and
public noiice of the time and place of holding said election
shall t. e given by the president and trustees of said town,
by an advertisement published in a newspaper in said town
or posting it up in at least three of the most public places
in said town. No person shall be a trustee of said town
who has not arrived at the age of twenty-one years, and
who has not resided in said town one year next preceding ,
his election, and who is not, at the time thereof, a bona
fide freeholder in said town, and moreover, who has not
paid a state and county tax; and all white free male inhab-
itants over twenty-one years of age who have resided in
said town six months next preceding an election shall be
entitled to vote for trustees; and the said trustees shall, at
their first meeting, proceed to elect one of their own body
president, and shall have power to fill all vacancies in said vacanciee.

1856. 172

board which may be o casioned by death or resignation,
provided the vacancy shall not exceed three montlis. All
vacancies which shall occur for a longer time the board
shall give ten days' notice by posting up at least three ad-
vertisements in said town for the election of a trustee to i
fill said vacancy, to be filled in the same m?nner as is pro-
vided for in regular elections; and said trustees shall have
power to appoint a clerk, a treasurer, assessor, a street
commissioner and a town constable; which said officers, so

Boai andsecurity appointed, shall givc boud and security in such amount and
with such condition as the trustees nfay require; and the
said town constable shall t ke an oatli of office before some
justice of the peace that he will faitlifuily discharge the
duties of said office; and it shall be his duty to collect ah
fines and serve all process of the suits of the corporation,

Proeess. and shall execute all writs, process and precepts which

may be issued against any person of the violation of any of
the laws or ordinances of the town, and shall have and pos-
sess the same powers and perform the same duties in other
respects within the limits of the corporation as constables
in the several districts of the county possess and perform;
said constable to hold his office for one year and until his
successor is elected and qualified.

Kiection of Jus- § 7. Jt g^all be the dutv o^ the trustee?, after their or-

tlce of the peace ^ . . . . £ ■, ■, .

ganization, to give notice for and cause an election to be
hold for a justice of the peace, who shall be elected by the
qualififd voters within the incorporated limits of the said
city of Brooklyn. The said justice of the peace shall take
the same oath, execute the same bond, be clothed with the
same power, authority and jurisdiction and be subject to
the same liabilities as other justices of the peace within
this state. He shall hold his office for two years and un-
til his successor shall be elected and qualified.
Bstabiish rules § g. Tlic trustees aforesaid and their successors or a

regulations. ->. . , 1 • i

majority of them shall have lull power and authority to or-
dain and establish such rules and regulations for tht- ir a;ov-
ernment and direction and for the transaction of the busi-
ness and conci^rns of the corporation as they may deem
expedient, and to ordain and establish and put in execu-
tion such by-laws, ordinances and regulations as shall seem
necessary for the government of said town and for the man-
agement, control, dit'position and application of this cor-
porate property, and generally to do and execute all and
, singular such acts, matters and things which to them may

seem necessary to do, and which are not contrary to the
laws and constitution of this state.
Levy and collect § 9. The Said 'rustees shall have power to levy and
collect a tax, not exceeding one-half per cent., on all
lots and improvements and personal property l}ing and
being within the incorporate limits of said town, according

173 1856.

to valuation; to tax public shows and houses of public en-
tertainment, taverns, beer houses and stores, for the pur- Tax puwic shows

fi • J • • X I i J. J > • /r and other entPt-

j making and improving the streets and keeping them tainmentB.

in repair, and for the purpose of erecting such buildings
and other works oi public utility as the interest and con-
venience of the inhabitants of said town may require; and
may adopt such modes and means for the assessment and
collection of taxes as they shall from time to time deem ex-
pedient, and prescribe the manner of selling property when
the tax levied upon it shall not be paid, provided no sale
of any real estate shall be made until public notice of the
time and place of sale shall be given by advertisement in
some newspaper, or at four of the most public places in
said town, by putting up written notices containing a list
of said delinquent real estate at least thirty days previous
to the day of sale.

§ 10. When any lots or real estate shall have been sold L^ts sow tor tai-

p . r • 1 .1 1 11 1 1 • "^^ '"*y be re-

lor taxes, as aioresaid, the same shall be subject to re- deemed.
demption in the time and on the terms now provided or
hereafter to be provided by the revenue laws of this state
for thf redemption of real estate; but should the real es-
tate so sold for taxes not be redeemed in time and manner
provided bylaw, and if the purchaser or other person for
him shall have paid all taxes with which su^h real estate
or lots shall have been charged up to the time when the right
of redemption shall expire, then and in that case it shall be
the duty of the president of the board of trustees to exe-
cute to the purchaser or purchasers a deed therefor, signed
by the president and countersigned by the clerk of the
board of trustees.

§ 11. The trustees shall have power to regulate, grade, Grade and im-
plank, pave and improve the streets, public squares and ^"'^ streets.
alleys in said town, for which purpose they shall have pow-
er to levy, annually, a road labor tax of not more than five
j days nor less than two days, against every able bodied male street t»x.
inhabitant of said [town,] over the age of twenty-one years
and under fifty years of age, to be collected and expend-
ed in such manner as they shall determine and direct.

§ 12. The trustees shall have power to tax, restrain, Tippimg houses.
prohibit and suppress tippling Louses, dram shops and
gaminghouses, bawdy houses and other disorderly houGes,
and to suppress and restrain billiard tables.

§ 13. Said trustees, or a majority of them, shall have preserve sood
power to preserve good order and harmony in said town,
and to punish open indecency, breaches of the peace, horse
racing, disorderly houses, riotous meetings or assembla-
ges, and to punish persons for making loud or unusual
noises, or for disturbing persons assembled at religious or
jor other meetings in said town; for which purpose said
jtrustees may make such by-laws and ordinances, not in-
consistent with the laws of this state, as thev m^v deem

order and har-
mony.

1865. 174

necessary or expedient to carry the provisions of this act
into effect, and to impose fines, which shall be recovered
l/i:?fore any ju^tice of the peace in said town.

uutyot Justice 01 ^ 14. it shall be the duty of any justice of the peace in

said town and he is hereby authorised and empowered, on J
view, or upon complaint being made to him, upon oath, of !
t'le violatioitoi any law, ordinance of said town, to issue j
his warrant, directed to the town constable or to any au- j
thorised person, to apprehend the offender or offend- \
ers and bring him or them before him, forthwitli, and af- ij
ter hearing ttie evidence if it shall appear that tlie accused i
has been guilty of any violation of any law or ordinance of I
the corporation, to impose such fines or imprisonment as is '
provided by the laws of the state for the punishment of sim-
ilar offenses.

Appeals. § 15. In all cases arising under the provisions of this

act appeals may be taken and writs of certiorari sAlowed.
as is now or may herea ter be provided by law.

Money tobepai.i § 16. All fiues or moueys collected for licenses grant-

'iiry.'"'^'^"^''^' ed under the provisions of this act shall be pail into the
town treasury for the use of the inhabitants of said town.

ordtaauces to be § 17. The trustees shall keep a well bound b:)ok, in ■

recorded. which shall be recorded, in a fair and legible hand, all by-

laws and ordinances of said corporation, and no by-law or
ordinance shall be in force until the same shall have been
advertised by posting up copies of the same in at least
three of the most public places in said town ten days pre-
vious to the time the same is to go into effect, or by publi-
cation in some newspaper in said town; which record or
book shall be evidence of authority of said by-laws or or-
dinance that they nave been legally enacted.

Make pavement, § i8. The Said trustccs shall havc powcr to make pavc-
ments or side-walks in said town as to them may seem need-
lid, provided, always, that the lot in front of which any
side-walk is made shall be taxed to pay at least one-half
of the expenses of making such side-walk.

^-iiisaaos. § 19- The said trustees shall have power to declare

what shall be considered a nuisance within the limits of
the corporation, and to provide for the abatement or re-
moval thereof.

This act shall take effect from and after its passage.
Approved Feb. 15, 1855.

175 1855

AN ACT to incorporate the town of Clinton, in De Witt county. In force Feb. is,

1855,

Section 1. Be it enacted by the people of the state of
Illinois ^'presented in the General */issembly, That Evan
Riel)iai( , Lewis Campbell, John A. Beam, Burrel T. Jones
and Jo i' Slatten, of the town of Clinton, in the county of ^"''J corporate

' . . ' •' and politic.

De Wi ind state of Illinois, are hereby recognised and
constitutf^^d a body politic and corporate, by the name and
style ol '"The President and Trustees of the Town of Clin-
ton," ai 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 aforesaid corporators and their successors, General pswer«.
by the raine and style aforesaid, shall have power to sue
and be si ed, to implead and be impleaded, defend and be
defend" in all courts of law and equity and in all actions
wiiatsot \ dr; to purchase, receive and hold property, both
real an ■ personal, in said town; to purchase, receive and
hold pjouerty, both real and personal, beyond the said
town, ior burial grounds or for other public purposes, for
the use of the inhabitants of said town; to sell, lease, con-
vey or 'dispose of property, real and personal, for the ben-
efit of .'^aid town, and to improve and protect such proper-
ty, and to do all other things in relation thereto as natural
persons.

§ 3. The boundaries of said town shall be one mile Boundaries-
square, -vhich boundary shall be designated as follows :
Commt aoing at the northeast corner of the southeast quar-
ter of section No. (26) twenty-six, in township No. (20)
twenty \iorth, of range No two (2) east of the third (3)
principal meridian, and running thence due south one mile,
thence lie west one mile, thence due north one mile, thence
due eag' one mile, to the place of beginning; and all the
lands w iiin said limits shall be considered as the town of
Clinton

^ 4. The aforesaid corporators shall continue in office Election.
until the first Monday in April next and until their succes-
sors are elected and qualified; and on the first Monday
in April next and annually, thereafter, on the same day, an
election shall be held for five trustees, who shall hold their
offices i r one year and until their successors are elected
and quc'iified. The board of trustees whose term of office
is abou' to expire shall always give notice of such elec-
tions b\ having written or published notices thereof post-
ed up ii four public places in said town at least one week
previous to said election; and one of the members of said
board, together with the clerk of the corporation, shall hold
the said election and give certificates of election to five
persons receiving the greatest number of votes; and when-
ever there shall be a tie in such election they shall certify

i«55.

176

QoaliQcatiOn.

TAke and bub
scribe oath.

Quurum.

Office vacated.

Asseae and collect
taxes.

.'Street labor .

the same to the said board, who shall determine the sa.ne,
by lot, in such manner as shall be provided by ordinance.

§ 5. Every trustee of said town shall, at the time of his
election, be at least twenty-one years of age, a citizen of
the United States, and shall have resided at least six months
within the limits of the corporation. Any bona fide resi-
dent of said town possessing the requisite qualifications to
vote for state officers shall be entitled to vote for trustees.

§ 6. The trustees, before entering upon the duties of
their office, shall severally take and subscribe an oath that
they will support the constitution of the United States and
of tills state, and that they will well and truly perform the
duties of their office to the best of their skill and abilities.

§ 7. A majority of said trustees shall constitute a quo-
rum to do business. The said trustees shall elect one of
their own body to be president of the board, who shall hold
his office for one year or until his successor shall be elect-
ed and qualified. The president of the board shall be the
chief executive officer of the corporation, and shall be vest-
ed with such powers and authority as may be conferred on
him by ordinance.

§ 8. If any trustee shall, during the time for which he
shall have been elected, remove from the said town his of-
fice shall be vacated. The board of trustees shall have
power to fill vacancies in their own body occasioned by
the death, resignation or removal from town of any mem-
ber.

§ 9. Theboardof trustees shall have power and author-
ity to assess and collect taxes, uniform in respect to per-
sons and property, for corporate purposes, upon all per-
sonal and real estate within said town, except such lands
as may be used and cultivated for agricultural purposes
within the corporate limits, not exceeding one-half per
cent, per annum upon the assessed value thereof, as ascer-
tained and returned by the assessor of the corporation, and
may enforce the payment of the same in any manner, to be
prescribed by ordinance, not repugnant to the constitution
of the United States and of this state; and such ordinances
may provide fir the advertisement, sale and conveyance
of any such real estate for taxes unpaid thereon to said
corporation, and the time and mode in which the same
may be redeemed from such sale in the manner prescribed
by the constituiion of this state.

§ 10. The said board shall also have power to require
every male resident of said town, over the age of twenty-
one years, to labor, under the directions of the street com-
missioner, on the streets, lanes and avenues and alleys of
said town and upon the public roads passing from and
through said town and within the limits of said corporation
not exceeding three days in each and every year; and any

177 1855,

person failing to perform such labor, when duly notified by
the supervisor, shall forfeit and pay the sum of one dollar
for each day in which he has neglected or refused to work.

§ 11. The said board shall likewise have pow< r to li- AiKtioneevs, jcc
cense, tax and regdlate auctioneers, groceries, ordinaries,
and all places where spiiitous or fermented liquors are
sold by less quantities than one quart and the venders of
the same, hawkers, pedlers, brokers, pawn-brokers and
money changers; also, to license, tax and regulate theatri-
cal and other public exhibitions, shows and amusements.

§ 12. They shall have power to erect a town hall and Pubncbmi
other buildings for the use of said town; to provide pumps,
wells and cisterns in the stroets and upon the public grounds
for the convenience of the inhabitants or for use in case of
fire; to open, establish, grade, pave or otherwise improve
and keep in repair and free from incumbrances or obstruc-
tions the streets, avenues, lanes and alleys of said town; to
make, erect and keep in repair bridges, drains and sew-
ers; to provide for lighting the streets and erecting lamp
posts; to erect market houses, establish markets and
provide for the government a.;.d regulation of the same, and
to provide for the weighing of hay and stone coal, and the
measuring of charcoal, firewood and other fuel to be sold
or used within the said town.

8 13. They shall also have power to provide for the P'eyeutiun j:„i
prevention and extmguishment of fires, and to organize and offlres.
establish fire companies; to regulate the fixing of chimneys
and the flues thereof and the manner of using stoves and
stove pipes in dwelling houses, stores, offices, warehouses
and other buildings in said town; to regulate and order
parapet walls and partition fences, and to regulate the sto-
rage of gunpowder and other combustible materials.

§ 14. They shall also have power to provide for en- P'^i- i*^ sroumis.
closing, improving and regulating all public grounds with-
in the said town, and the burial and other public grounds
of the corporation beyond the said town, and for the pun-
ishment of injuries or damage done to trees, fences, build-
ings, monuments or other improvements therein.

§ 15. They shall further have power to make regula- contagiwsdice*-
tions to prevent the introduction of contagious diseases in-
to the said town; to make quarantine laws for that purpose,
and enforce the same within three miles of tlie said town;
also, to establish a hospital or hospitals in said town or
within three miles of the same for the treatment of any epi-
demic or contagious diseases and to make regulations for
the government of the same; also, to make regulations to
secure the general health of the inhabitants, to declare
what shall be a nuisance within the limits and to prevent
and remove the same.
26

1855. 178

K'stiain cattle § 16. Thev shall also have power to regulate the speed

and horses from -fi i • i i iU ' t i j J • _

running at large witli which horscs or Other animais may be rode or driven
'^" within the limits of the corporation, and to restrain and

punish cruelty in the usage or treatment of animals within
those limits; also, to restrain cattle, horses, sheep, swine
and dogs from running at large in said town, and to pro-
vide for the security of wagons and other carriages which
may be used within the limits of the corporation, and for
the protection of the inhabitants against injury by reason
of horses or other animals fastened to such carriages, run-
ning with or breaking from the same.
ittuts, routs, sto. § 17. They shall likewise have power to prevent and
punish riots, routs, affrays, assaults, assaults and batteries,
breaches of the peace, disturbances of worshipmg assem-
blies or of the deliberations or proceedings of public meet-
ings, disorderly interruptions of any public lectures or licen-
sed exhibitions, all indecent or obscene exhibitions or prac-
tices and other disorderly conduct within the limits of the
corporation, provided that no person shall be deprived of the
right of trial by jury in any case wliere such person would
be entitled to such trial for like offences against the law
of the state.
Horse racing. &c § 18. They shall also have power to prevent and pun-
ish battles by agreement, fighting matches, horse racing
and cock fighting within the limits of the corporation and
within two miles of the same.
Billiard tabi. 6. § 19. They shall also have power to restrain, prohibit
and suppress billiard tables, ball alleys, tippling houses,
dram shops, gaming houses, bawdy and other disorderly
houses in sa'd town and within two miles of the limits of
the corporation.
Regulate the po- § 20. They shall also have power to regulate the po-
''''®- lice of the town, to make all ordinances which shall be ne-

cessary and proper for carrying into execution the powers
specified in this act, so that such ordinances be not repug-
nant to nor inconsistent with the constitution of the United
States or of this state; to impose fines, forfeitures and penal-
ties for the breach of any t>rdinance and provide for the re-
covery and appropriation of such fines and forfeitures and
the enforcement of such penalties. The style of the ordi-
nances of said board shall be, "Be it ordained by the presi-
dent and trustees of the town of Clinton."
Create and re- ^ 21. They shall further be vested with full power to
move officers, q^^^^^q such Subordinate offices and appoint and remove, at
pleasure, the officers as they shall determine to be neces-
sary to the accomplisiiment of the objects and ends of the
act of incorporation and to provide for the fees and com-
pensation and to regulate their duties; and when any va-
cancy shall happen by the death, removal or resignation of

179 1855.

any of the officers so created and appointed as aforesaid it
may be filled by appointment of the said board.

§ 22. The town constables shall be authorised to exe- Town ^nstabi^.
cute anywhere within the limits of De Witt county all
writs, process and precepts which may be issued against
persons or property by any court of general or limited ju-
risdiction by virtue of any of the powers specified in this
act, and to arrest, on view, all persons wlio may violate
any ordinance of the said corporation.

§ 23. Fines, forfeitures and penalties which may be iinesami forfeit-
assessed or recovered for the use of said corporation may
be levied, in the first instance, by virtue of executions, to
be issued forthwith, of the goods and chattels of the of-
fender within the county; and the said board shall have
power, also, to provide for the punishment of offenders by
imprisonment in the county jail in all cases where such oi-
fenders sha;l fail or refuse to pay the fines, forfeitures and
penalties which may be recovered against them.

§ 24. The said board shall cause to be published, an- st atemeni of mo-
nually, a full and complete statement of all moneys recei- "^'^ rereiT^
ved and expended by the corporation during the prece-
ding year, and on what account received and expended.

§ 25. All ordinances passed by the said board shall be ordinances to le
published in some newspaper printed in said town or by ''"^'"' *
posting up four written copies thereof in four public places
within the limits of said corporation, and shall not be in
force until they shall have been published as aforesaid ;
any of said ordinances shall be sufficiently proved in any
court by the production of the book containing said ordi-
nances or a copy of the same, certified by the clerk of the
corporation, or a printed copy of the same, taken from the
newspaper or pamphlet in which it has been published,
provided the same purports to have been published by au-
thority of the corporation.

§ 26. In cases arising under this act or growing out of Justice cf the
the by-laws and ordinances made in pursuance of this act /'urisdictfon/^'^
any justice of the peace within said corporation shall have
jurisdiction to hear and determine the same; and appeals
may be taken and writs of certiorari allowed frojp any such
decisions, and change of venue taken from one justice to
another within the said corporation in the same manner as
now is or hereafter may be provided by law for appealing
from judgments of justices of the peace and for change of
venue.

§ 28. It shall not be in the power of said board of trus- Consent of own-
tees to open or extend any new streets and alleys of said ''^l^''^^ ''^^^''-
town through private property unless with the consent of
the owners thereof.

§ 29. All acts or parts of acts coming within the pro- Acts r^^ieaied.
visions of this act, contrary to or inconsistent with its pro-
visions, are hereby repealed.

1855.

§ 30. This is hereby declared to be a public act, to be
received and used in all courts without proving or plead-
ing the iame, and shall take effect from and alter its pas-
sage.

Approved Feb. 15, 1855.

la fiH-ce FeiJ. Ih •'^^ ACT to incjrporafe Ihe town DfHillsboro, Montgomery county, Illinois

1855,.

Sectsoj? 1 . Be it enacted by the people of the state oj
niinois^ represented in the General Assembly-) That the
iijhabitants of the town of Hiilsboro, in the county of

jEoiy eorpcrat* MoBtgomerj, are hereby made a body politic and corpo-

»aa! 5K>^.tsc. yate, m law aimd m fact, and by the name and style of
" The President and Trustees of the Town of Hillsboro,'"
aji'd by that naiae shall have perpetijal succession, and a
comsiaojii seal, which ih^'y may alter at pleasure, and in
^'hoir; the entire government of the corporation shall be
vested, and fej wIjohi its affairs shall be managed.

^^msxrm.. § ^^ The boundaries of said corporation shall be a?

foilowSj to wit \ Beginning at the centre of section ele-
ven, thence east one Msile, to the centre of section twelvcy
theuee 2iiort!i3 to the centre of section one; thence west
one-fouffth of a mile; thence north to Shoal creek; thence
west, iby the meanderings of said creek, to a line dividing
section two iisto halves of equal parts; thence south to
the be,^inriiBg»

iitcB-w; »j tai' § S. That there shall, on the iirst Monday of March
''^■"'" jaest, be elected five trustees, and on every first Monday

of March thereafter, who shall hold their offices for one
year aod until their successors are elected and qualified
to act; and public notice of the time and place of hold-
ing all future elections after the aforesaid first Monday oi
March next shall be given by the president and trustees,
by an advertisement in any newspaper printed in the
town of Hillsboro or by posting up notices in four of the
public places in said town at least five days before such
election- No person shall be a trustee of said town whu
has not arrived at the age of twenty-one years, and who
has not resided in said town six months next preceding
his election, and who is not, at the time thereof, a free-
holder within the limits of said corporation, and paid a
state and county tax. All free white male citizens, over
twenty-one years, who have resided within the limits of
said corporation three months next preceding an election,
shall be entitled to vote for trustees; and the said trustees
shall, at their first meeting, proceed to elect one of their

181 1855.

body president, and shall have power to fill all vacancies vacancies.
in said board which may be occasioned by death, resigna-
tion or otherwise, and such persons, so appointed, shall
hold their office-; until the next regular election after their
appointed.

The president and trustees of said corporation shall Appoint town ci-
ha^'e power to appoint a town constable, a clerk for the
board, a street commissioner, an assessor, a treasurer, any
or all of whom shall give bond and security, payable to
the president and trustees, conditional for the faithful dis-
charge of the duties of their respective offices, in such
sums as the president and trustees may require; and said
officers, so appointed, sliall take an oath before some jus-
tice of the peace that they will faithfully, according to
to law and the ordinances and by-laws of said corpora-
tion, discharge the duties of their offices; and the presi-
dent and trustees may allow to the street commissioner,
treasurer and clerk such compensation as, in their judg- Compensatino.
ment, is right and proper; and the town constable shall be
allowed the same fees as are now allowed to constables,
under the general Jaws of the state, for serving and re-
turning all process, of any kind, which mi y be issued by any
officer [under} the provisions of this act, and such compen-
sation for any extra services as the president and board of
trustees may, from time time, allow, not to exceed thirty
dollars a year, for extra service.

§ 4. The said corporation is hereby made capable, in law, Geneiai row^r;-.
to take and hold, to themselves and their successors, tor
the use of said corporation, any lands, tenemen's or here-
ditaments; to have power to sue and be sued in all courts
of law or equity; and all suits, either for or against said
corporation, shall be instituted in the name of the presi-
dent and directors of the corporation, and all bonds and
obligations shall be taken in the same manner.

§ 5. The said trustees aforesaid and their successors Estabiith <Mi-
in office, or a majority of them, shall have full power and
authority to ordain and establish all such rules, regula-
tions and laws for their government and direction and for
the transaction of business and the concerns of the corpo-
ration as they may deem expedient, and to ordain and put
in force and operation laws, ordinances and regulations as
Zo them may seem proper for the government of said cor-
poration and for the management and control of said cor-
peration and for the application and disposition of its cor-
porate property, and generally to do all and singular, by
the passage of by-laws or otherwise, anything which, in
their opinion, may be necessary and proper for the gov-
ernment and well being of the said incorporation which
are not contrary to the constitution and laws of this
state.

1855. 182

i.evyand collect § 6. The Said trustees shall have full power to levy
and collect a tax of one-half of one per cent, or all lets,
improvements and personal propertj lying and being with-
in the limits of said corporation, and said corporatioii
shall have full and ample power to contract for the gra-
ding of the streets, alleys and lanes within the boundaries
of the corporation; io make and keep in repair side-walks,
and pay for the same out the funds of said corporation,
and may pass such ordinance or law as they think proper
authorisini^ approprirtions for that purpose. They shall

Open. widen and also have powcr to extend, open, widen or lay out new or
ay 0^ * '^'^'^ "' additional streets within *he limits of said corporation
whenever, in their judgment, the public good may require
the same to be done, making to the persons or owners of
the land or lots affected thereby adequate compensation
for such iiijury, if any, that they may sustain, to ascertain
which the president and trustees shall cause to be appoint-
ed three good and careful freeholders residing within the

"iT't'-^e'r^" limits of said corporation, not directly interested, who
shall be sworn for that purpose, and shall proceed to in-
quire into, considering the benefits as well as the injury
which may accrue, and estimate and assess the damage
which the owners of the land or If ts may sustain by the
opening, widening or making an additional or new street or
alley; all of which they shall report to the president and

Mk.jiepart. dircctors, under their hands and seals. Any damage re-
ported to be sustained, if any, shall be paid out of the
treasury of the corporation ; and the president and
trustees of the said corporation, as they think proper,
from time to time, fix upon and describe the manner of
selling property upon which any tax levied by said corpo-
ration has not been paid, provided no sale of any town
lots or other real estate shall be made until public notice
of the time and place shall have been given at least fif-
teen days previous thereto, and in conducting such sale
the laws concerning public revenue, so far as the same
may be applicable, shall be complied with.

^jiiiriU for § 7. That the president and trustees of said incorpo-
pelc?*' of the j,j^jJqj^ shall iiave power to preserve good order and har-
mony within the limits of the incorporation; to punish for
open indecency, all breaches of the peace, gambling
houses, gaming, running horses or horses and carriages or
wagons, shooting and any disorderly conduct of any kind
within said corporation, by the passing of such by-laws
and ordinances as they think right and proper, not contra-
ry to any public law of this state; and they are hereby
expressly authorised to impose such fines as they may
think fit and right for the breach of any ordinance or by-
law; which shall be collected before any justice of the
peace residing wjthin the limits of said corporation, pro-

183 ' 1855.

vided any fine under any ordinance or by-law of said corpo-
ration shall not be less than five dollars nor more than one
hundred dollars, nor shall the imprisonment for any viola-
tion of any ordinance or by-law exceed ten days.

§ 8. It shall be and is hereby made the express duty Duty ofjusticf.
of any and all justices of the peace residing within said ^p*"**^'-
corporation to issue his warrant, directed to the town con-
stable or any authorised county officer, to apprehend the
offender or offenders and bring him or them forthwith be-
fore him, and after hearing the evidence, i: i t shall appear
that the accused have been guilty of violation of any of
the by-laws or ordinances of said corporation, to impose
such fine or imprisonment as shall be pointed out by the
by-laws, ordinances or laws of said corporation; and writs
of certiorari and appeals shall be granted from judgments
under this act, as in other civil cases, and in all criminal
cases the defendant shall be entitled to an appeal, within Appeal.
twenty days from the rendition of judgment, by entering
into a bond wth approved security, before the justice of
the peace before he, her or them may be arraigned, in
such amount as said justice of the peace shall think right
and proper, that they will be and appear at the next term
of the circuit court of Montgomery county, &c.; and all
fines imposed for breaches or violation of any law or or-
dinance of said corporation sliall be paid into the treasu-
ry of sail corporation.

^ 9. That the sale of all town lots for the nonpayment Lot=fowi(ii ta:
of taxes due said corporation shall be conducted as the
same is applicable according to the provisions of the law
concerning the collection of public revenue; and the own-
ers of any real estate sold for taxes shall have two years
to redeem the property sold by the tax assessor, together
with the cost and ten per cent, per annum, into the treasu-
ry of said incorporation.

§ 10. The president and trustees of said town are

Intoxicallii
quors .

vested with full power totally to prevent the sale of ardent
spirits within the limits of said incorporation, only for
medicinal and mechanical purposes, under such rules as
they may prescribe, and by such person or persons as they
may direct, and under such penalties and punishment for
the violation of any regulation or law upon this subject
as they may choose to inflict, not contrary to the constitu-
tion of this state.

(S II. The president and trustees shall have power to street and

J * . . • labor-

order every able bodied male inhabitant of said incorpo-
ration, over twenty- one years of age and under fifty, to
do not less than two nor more than three days' labor on
the public roads and streets within the limits of said in-
corporation or adjacent thereof after due notice given by
the street commission'er, to pay one dollar arid twenty-

1 865. « isn

live cents per each day they may refuse or neglect to
work, which may be recovered in an action of debt in fa-
vor of the president and trustees before justice of the
peace within said corporation, and shall be paid into the
treasury of said corporation.
Approved Feb. 14, 1855.

infor.^e ivri. 105 AN ACT to resurvey the town of Prophetstown, in the county of White-
iS'M- side.

Section 1. Be it enacted by the people of the stati of
Illinois^ represented in the General Assembly .^ That Win-

Cenimirisioiiers. Held S. Wilkin, On, Edward B. Warner and A. J. Matteson
are hereby appointed commissioners to resurvey the town
of Prophetstown, in tlie county of Whiteside, and to affix
and establish permanent boundaries to the lots, blocks,
streets and alleys in said town-

iut and survey § 2. Said commissiouers shall be required to make the

to bp made. survcy and plat of said town to conform, as near as may
be, to the present plat and survey and boundaries of the
town, and when made the same shall be recorded in the
recorder's office of said county, and when so recorded
shall be considered a legal survey, and establish and fix
the location, boundaries and landmarks of the lots, blocks,
streets and alleys in said town, subject, however, to the
decisions of the courts having competent jurisdiction in the

Proviso. premises : Jind provided^ that said survey be made and re-

corded within one year from the passage of this act.

Quorum. § 3. That either two of said commissioners shall con-

stitute a quorum qualified for the performance of said du-
ties, and are hereby empowered to employ competent sur-
veyor or surveyors, chainmen and others to assist in said
survey, and that in case either of said commissioners shall
die or refuse to serve the other two may appoint a third

Proviso person to fill said vacancy : Provided, that the person or

persons who shall make said survey and the chainmeh shall,
before commencing said work, be duly sworn before some
justice of the peace of said county to faithfully, honestly
make said survey, andendeavor to make the same conform
to the original survey of said town.

OommisBioncr-to § 4. That Said commissioners shall file, in writing, a
▼ey. "' bill of all the expenses of making said survey and plat and
the recording of the same and establishing said bounda-
ries with the board of auditors of the township in which
said town of Prophetstown is situated, who shall allow a

185 1855.

reasonable compensation to said commissioners, surveyors ♦

and others necessarily employed in making said survey;
which am unt, so found by the said auditors, shall be filed
with the clerk of the county court; and the amount so found
and filed in said clerk's office shall be paid by a tax as-
sessed equally upon the lots in said town, according to
their quality and value, including the improvements there-
on.

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

Approved Feb. 15, 1855.

AN ACT to amend an act entitled '■' An act to amend, alter and revise the In force lev. 16-
name or style and corporate powers of the town of Elgin," approved 1855.

Feb. 28th, 1854, and to legalise said act incorporating the town of Elgin
as a city, and all official acts of the mayor and council by virtue thereof.

Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Jissembly, That the
act of incorporation of the town of Elgin, in Kane county, Act to revise
as a city, entitled '' An act to amend, alter and revise the "*'°® legauscd.
name or style and corporate power of the town of Elgin,"
approved Feb. 28, 1854, be and the same is hereby le-
galised.

§ 2. That the organization of said corporation under Actsof tte city
and by virtue of said act, and all the official acts of the i^s'eT*''' '*^*^
city council or mayor or either of them since said incor-
poration, and not inconsistent with the powers conferred
in said act, be and the same are hereby legalised.

§ 3. That section first, in article fifth, of the act to Amendment of
which this is an amendment be and the same is hereby so Irticie three. "
amended as to read as follows : The city council shall have
power and authority to levy and collect taxes upon all
property, real and personal, within the limits of the city,
not exceeding one-half of one per cent, per annum
upon the assessed value thereof, for general purposes;
one-fourth of one per cent, for road purposes, and one-
half oi one per cent, for school purposes; and shall also
have power, for the purpose of building sch? ol houses,
purchasing or leasing lands, lots or buildings for school
purposes, and building bridges within the limits of said
city, to levy a special tax for such sum as shall be neces-
sary to pay for the same, and may enforce the payment of
said taxes in any manner, to be provided for '>y ordinance,
not repugnant to the constitution of the United States or
of this state.

1865.

186

Section eighteen,
article fifth, a-
Hiended.

Sectiuti forty -
second amended

Section forty
eight amended

§ 4. That section eighteen, in article fifth, of the act
to which this is an amendment be and the same is liereby
so amended as to read as follows : To license, tax and reg-
ulate auctioneers, merchants, retailers, grocers, taverns,
ordinaries, hawkers, pedlers, brokers, pawn-brokers and
money changers, and license the sale of liquors, by drug-
gists, for medicinal, mechanical, sacramental and artistic
purposes, and to prohibit all further sale of or traffic in said
liquors within the corporate limits of said city.

§ 6. That section forty-second, in said article fifth, of
the act to which this is an amendment be and the same is
so amended as to read as follows : To establish and reg-
ulate the police of the city; to impose fines, forfeitures
and penalties for the breach of any ordinance, and to pro-
vide for the recovery and appropriation of such fines and
forfeitures and the enforcement of such penalties.

§ 6. That section forty-eight, in said article fifth,
of the act to which this is an amendment be and the
same is so amended as to read as follows : Every ordi-
nance, regulation or by-law imposing a penalty, fine, im-
prisonment or forfeiture for a violation of its provisions
shal!, after the passage thereof, be published once in some
newspaper one insertion in some newspaper published in
the city or posted in three public places; and the affidavit
of the printer or publisher of saia newspaper or the poster
of said ordinances, regulation or by-law, taken before any
officer authorised to administer oaths, and filed with the
city clerk, or any other competent proof of such publica-
tion shall be evidence of the legal publication and pro-
mulgation of such ordinance, regulation or by-law, in all
courts and places.

§ 7. That in all places in said act of incorporation
where the term " common council " occurs the same be
and is hereby so amended as to read " city council."

§ 8. That section six, of article eight, of said act is
hereby amended so as to read as follows : " All suits, ac-
tions and prosecutions instituted, commenced or brought
by the corporation hereby cre^ted shall be instituted,
commenced and prosecuted in the name of the city of
Elgin. The first process shall be a summons, unless oath
or affirmation be made for a warrant, as in other cases;
and when persons are lodged in the city bridewell in pur-
suance of any ordinance passed by the city council, in all
such cases, upon oath or affirmation being made, the po-
lice magistrate may issue his warrant directing such per-
?oiic9 iaaftgistrate go^ to be brought before him, or he may cause him or them
to be brought before him without warrant, and the matter
complained of may be tried forthwith, and upon all judg-
' ments execution may be issued forthwith."

style changed.

Section six , of
article eight, a-
mendtd.

187 1865.

,^ 9. That section nine, article eicrht, of said act be section nme, <a

1-1 1 1 J ^ J r 11 ££ All article eight, a -

and IS hereby so amended as to read as loUows : "All mended.
officers of the city created conservators of the peace by
this act shall have power to arrest or cause to be arrest-
ed with or without process, all persons who shall break
or threaten to break the peace or who shall be conduct-
ing themselves in a noisy or riotous manner, all persons
intoxicated or who shall be making indecent exhibitions
of their persons or their animals or using indecent or oh- ^t"dmay'b^c«m"-
scene language and bring them forthwith before the po- mitted.
lice magistrate or commit them for examination, and if
necessary detain such persons in custody over night in
the watch house or other safe place, and shall have and
exercise such other powers as conservators of the peace
as the city council may prescribe.

§ 10. That the inhabitants and property of said city ^taxesin certau^.
shall be exempt from all taxes 'or the constructing, main- *=*^®»-
taining or keeping in repair bridges or roads outside of
the city limits-

§ 11. That the city council shall have power, by ordi- p^^^'*'" ^,
nance, to levy and collect a special tax on the holders of special tax
all lands and lots in any street, lane, avenue or alley or
any part of a street, lane, avenue or alley, owned by them,
sufficient for the purpose of planking, paving and grading
the side- walks in front of said lands or lots.

§ 12. In all suits between said city and any citizen
thereof or other person, brought to recover the penalty for
the violation of any ordinance, the adoption of the charter
of said city, the organization of the city under it, the
boundaries, the election of officers and the passing of the
ordinances shall be deemed public acts, and no proof there-
of shall be required; nor shall the said city, in any such
suits, be required to give security for costs.

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

Approved Feb. 15, 1856.

levy
collect 51

AN ACT to incorporate the town of Columbus, Adams county. In force Pefa, 15

1866.

Section 1. Be it enacted hy the people of the state oj
Illinois, represented in the General Jissemhly, That the
inhabitants and residents of the town of Columbus, in Ad- bo'Jj corporat-

11 1 11 i J !• *"*'* politic,

ams county, are hereby made a body corporate and poli-
tic, in law and in fact, by the name and style of "The
President and Board of Trustees of the Town of Colum-

1855.

188

JSonndaries.

Klection for trus'

<ees.

tjualification.

bus," and by that name shall have perpetual succession,
and a common seal, which they may alter at pleasure, and
in whom the government of the corporation shall be vest-
ed, and by whom it.> affairs shall be managed.

§ 2. The boundary of said corporation shall include
the original town plat of the town of Columbus, and
extending one- half mile from the centre of the public
square, as the same is recorded in the recorder's office in
the county of Adams.

§ 3. Tnat there shall, on the first Monday in March
next, be elected five trustees, and on every first Monday
in March thereafter, who shall hold their office for one
year and until their successors are duly elected and quali-
fied; and public notice of the time and place of holding
said election shall be given by the president and trustees
by an advertisement posted* -up in at least four of the most
public places in said town. No person shall be a trustee
of said town who has not arrived at the age of twenty-one
years, and who has not resided in said town six months
next preceding his election, and who is, at the time there-
of a bona fide freeholder, and moreover, who has not paid
a state or county tax; and all white free male inhabi-
tants, over twenty-one years of age, who have resided in
said town three months next preceding an election, shall

Vacancies. he entitled to vote for trustees. And the said trustees

shall, at their first meeting, proceed to elect one of their
body president, and shall have power to fill all vacancies
in said board which may happen or be occasioned by death
or resignation, provided the vacancy shall not exceed three
months. All vacancies which shall occur for a longer time
the board shall give ten days' notice, by posting up at least
three advertisements in said town, for such vacancy to be '
filled in the same manner as provided foi' in regular elec-

Appoint town of- tions; and to appoint a clerk, an assessor, a treasurer, a
r.cers. street supervisor; and there shall also be elected a justice

of the peace and constable at the same time the trustees
are elected, who shall hold their office for the term of four
years, and who shall give bonds, and be subject to the same
penalties, have the same jurisdiction as justices of the peace
and constables now in office. And it shall also be the duty
of the constable to collect all fines and serve all process, at
the suit of the corporation, and to do such other matters and
things pertaining to the olrice as may be required of him
by the ordinances and by-laws of said corporation, subject
to a change of venue to the nearest justice of the peace or
appeal to the circuit court, as is by statute law provided.

Occupy ami noia § 4. The Said corporation is hereby made capable, in
law, to take and hold, to themselves and their successors,
any land and tenements, hereditaments; have power to sue

rral estate.

189 1855.

and be sued, to plead and answer and to be answered in
any court whatever.

§ 5. The trustees aforesaid and their successors, or a Establish rule*
majority of them, shall have full power and authority to *»'i regulations.
ordain and establish such rules and regulations for their
government and direction and for the transaction of the
business and concerns of the corporation as tiey may deem
expedient, and to ordain and establish and put into execu-
tion such by-laws, ordinances and regulations as shall seem
necessary for the government of said corporation and for
the management, control, disposition and application of its
corporate property, and generally to do and execute all
and singular such acts, matters and things which, to them,
may seem necessary to do and not contrary to the laws and
constitution of this state.

§ 6. The said trustees shall have power to levy and Levy aud collect
collect a tax, not exceeding one-half of one per cent., on
all lots and improvements and personal property lying and
being within the incorporate limits of said town, according
to valuation; to tax public shows and houses of public en-
tertainment, taverns, stores and groceries for the purpose
of making and improving the streets and keeping them in st^ets, &c.
repair, and for the purpose of erecting such buildings and
other works of public utility as the interest and conveni-
ence of the inhabitants of said town may require and the
circumstances render proper and expedient; and said trus-
tees may adopt such modes and means for the assessment
and collection of such taxes and the rents, issues and prof-
its thereof which may be necessary for the erection of any school houses.
public school hoiise in said town, market house or other
public buildings to promote the interest and public good
of the citizens of said town, and the same to sell, grant and
dispose of, if necessary. They shall also have power to
regulate, to grade, pave 9.nd improve the streets, lanes and
alleys within the limits of said town and corporation, and
to extend or open and widen the same, making the per-
sons injured thereby adequate compensation, to ascertain
which the board shall cause to be summoned six good and
careful men, freeholders and inhabitants of said town, not
directly interested, who, being first duly sworn for that
purpose, shall inquire into and take into consideration as
well the benefits as the injury which may accrue, and es-
timate and assess the damages which would be sustained Damages.
by reason of the opening and extending or widening of any
street, avenue, lane or alley, and shall, moreover, estimate
the amounts which other persons will be benefitted there-
by and shall contribute towards the person injured; all of
which shall be returned to the board of trustees, under
their hands and seals; and they who shall be benefitted and
so assessed shall pay the same, in such manner as shall be

1856 . 190

provided, and the residue, if any, shall be paid out of the

I'roperty sold for town treasury; and said corporation shall, as they may from
time to time iix and determine and to prescribe the man-
ner of selling property when the tax levied upon it is not

Proviso. paid : Provided^ no sale of town lots or other real estate

shall be made until public notice of the time and place shall
be given by advertising or advertisement in the newspa-
pers or at four of the most public places iu said town at

Provided further, least fifteen days previous thereto : Provided, that in con-
ducting such sale the provisions of the act concerning pub-
lic revenue, so far as the same may be applicable, shall be
complied with.

Preserve order, § 7- That the trustccs of Said town, or a majority of
*'^* them, shall have power to preserve good order and har-

mony in said town; to punish for open indecency, breach
of the peace, gambling, gaming houses, horse racing, shoot-
ing and all disorderly houses and riotous meetings; to re-
move obstructions in the streets and public ways and all
nuisances, for which purpose they may make such by-laws
and ordinances as to them may seem expedient and not in-
consistent with any public law of this state, and impose fines
for the breach thereof, which fines shall be recoverable be-
fore any justice of the peace residing in said town. All suits
and judicial proceeding under this act shall be brought in
the manner and style of the "President and Trustees of the
Town of Columbus."

Duty of justice § 8. It shall be the duty of any justice of the peace re-

ofthp peace, siding in said town and he is hereby authorised and em-
powered, upon the violation of any laws or ordinances of
said corporation, to issue his warrant, directed to the town
constable or any authorised county officer, to apprehend
the offender or offenders and bring him or them forthwith
before him; and after hearing the evidence if it shall appear
that the said accused has been guilty of a violation of any-
such laws or ordinances of the corporation, to impose such
fine or imprisonment as shall be pointed out in such laws

."roTiso. and ordin-inces : Provided, such fine shall not be under

three nor over one hundred dollars and imprisonment not
exceeding twenty-four hours: Provided, however, that writs
of certiorari and appeals shall be granted from judgments
under this act, as in other civil cases; and in all criminal ca-
ses the defendant shall be entitled to an appeal to the coun-
ty or circuit court by entering into bonds or recognisance,
as the case may require, before the justice of the peace
within twenty days after the rendition of the judgment,
with such security and in such an amount as the justice
shall think right and proper; and all fines imposed for a
breach of the peace or violation of the corporation ordi-
nances shall be paid into the treasury of said corporation;

191 1856.

that in all cases the department [defendant] shall be enti-
tled to trial by jury.

§ 9. That when any town lots or real estate shall be Lots sow for tax-
sold for taxes by virtue of this act the same may be re- deemed.
deemed at any time within two years from the date of such
sale by the owner of said property or his or her agent, ex-
ecutor or administrator paying to the treasurer of said
town, for the use of the purchaser, at the rate of ten per
cent, per annum, together with the costs accruing there-
on.

§ 10. That upon the application of the owners of a ma- Special fas.
jority of the front lots on any street it shall be lawful for the
board of trustees to levy and collect a special tax on the
owners of the lots on said streets or parts of a street, ac-
cording to their respective fronts, not to exceed one per
cent., for the purpose of grading and paving the said side-
walks on said street.

§ 11. That all ordinances of said trustees shall be fair- ordinances to he
]y written out, signed by the clerk and published in a news-
paper printed in the town or posted up at three different
and most public places in said town; and no ordinance
shall be in force until published, as aforesaid, at least t«n
days".

§ 12. The justices of the peace and constables who are Fees.
required to render services under this act shall be entitled
to the same fees and collect them in the same manner as
now is or hereafter may be provided by law.

§ 13. That the president or any two of the trustees special meetmpi..
shall have power to call a meeting of the board by giving
one day's not ce thereof; and a majority shall constitute a
quorum to do business, but a majority shall have power
to adjourn from time to time, to compel the attendance of
absent members, and in the event that the notice of an
election is not given as required by this act or from any
other cause that an annual election shall not be holden at
the proper time it shall be lawful for the late cleik of the
board or any two qualified voters in said town, at any time
thereafter, to give notice, as aforesaid, of the time and place
ol holding a special election, and the trustees elected at
such special election shall'have all the powers conferred by
this act.

§ 14. The qualified voters within the corporation shall vote to i)e taken.
vote, on the second Monday in February next, for or against
becoming incorporated under this act. If a majority of all
the votes cast at said election are in favor of being incor-
porated, then this act to be in full force; otherwise null
and void.

Approved Feb. 14, 1856.

1855. 192

In force Feb. 15, ,AN ACT to incorporate the town of Waterloo, in Monroe county, and to
^8^' legalize the election for town officers therein mentioned.

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

Illinois, represented in the General Assembly, That the

Biectiuus icgaii- electioii wliich was lield in the town of Waterloo, in the

36(1 • ...

county of Monroe, for the incorporation of said town of
Waterloo, on the first day of December, 1854, and also, the
election which was held on tlie eighteenth day of Decem-
ber, A. D. 1854, for the election of trustees of said town
of Waterloo, be and the same are hereby declared valid in
all respects, any informality or irregularity in the manner
of conducting said election and making returns thereof to
the contrary notwithstanding; and the said trustees, so
elected, and their succcessors in office shall and may ex-
ercise all and singular the corporate powers hereinatter
granted, and all and singular the corporate powers granted
by se tions and parts of laws hereinafter revived and de-
clared in full force and effect.
oaruiu sections § 2. jind be it further enacted, That sections one,

d-eelared to be in .i/- ^ . • \ ^ • . i ^i

fuufor.e. tliree, tour, rive, six, seven, eight, nine ten, eleven, twelve

and thirteen of an act entitled "An act to incorporate
the town of Waterloo, in Monroe county," approved Feb-

proviso. ruary twelfth, 1849, be and the same are hereby re-

vived and declared to be in full force and effect: Provi-
ded, that the next election for trustees of said town of
Waterloo shall be held, on the first Monday of December,
A. D. 1855, and on the first Monday of December of each
year thereafter.

BoanJaries. § 3. he prtjsidcnt and board of trustees of said town

of Waterloo shall have power to fix the boundaries and
limits of said town, not to exceed one square mile, inclu-
ding, as its centre, the courthouse.

Kesurvey of lots, § 4. The Said president and board of trustees of the

leyTto bTraadel towu of Waterloo shall have power and it is hereby made
their duty to cause to be made a resurvey ot ail lots,
streets and alleys in the said town of Waterloo and the
additions thereto, and to have the same platted and re-
corded in the recorder's office of said county of Monroe,
and to cause to be surveyed, platted and recorded in said
recorder's office all lots and parcels of land owned, occu-
pied or laid out, in quantities less than five acres, within
the corporate limits of said town of Waterloo; which said
lots and parcels of land, when so surveyed, plaited and
recorded, shall be taken and deemed, in all respects, as
part of said town of Waterloo. The surveys herein pro-
vided for shall be certified to by the county surveyor, as
now provided for by law : Provided, that the president
and board of trustees of said town of Waterloo may adopt
the survey of an addition to said town of Waterloo alrea-
dy made. The cost of surveying and platting and record-

193 1866

ing the piat of said town of Waterloo, the additions there-
to and the lots and lands herein provided for shall be paid
by tiiB several owners thereof.

§ 5. The president and board of trustees of said town "^> exempt cet-
of Waterloo are hereby authorised and required to ex- f*om taxation!'
empt frora taxation, for corporate purposes, all lands and
real estate within the limits aforesaid which are used, ex-
clusively, for agricultural purposes necessarily thereto.

§ 6. Tliis act to take effect and be in force frora and
after its passage.

Approved Feb. 15, 1855,

AN ACT to vacate a part of Court street, in JacksonviHu. in force Feb. u,

ISoS.

vSection 1. Be it enacted by the people of the stale of
Illinois^ represented in the General ,/issembly, That so
much of Court street, in Jacksonville, as lies west of Prai-
rie street, in said town, be and the same is hereby vaca-
ted.

^ 2. This act is declared to oe a public act, and shaU.
be in force frora and afier its passage.

Approved Feb. 14, 1855.

AN ACT to vacate a certain alley in the city of Peoria. In fo,ce F<b, iG

1865.

Section 1. Be it enacted by the people of the state oj
Illinois, represented in the General Assembly, That the
alley running through block number ninety-one (91,) in
Martin Voris' and Lavielle's addition to the city of Peoria,
as the same is now recorded, be and the same is hereby
vacated, and the title thereto vested in the owners of the
land adjoining said alley, provided that before this act
shall take effect said company shall first obtain the consent
of the city council of Peoria.

§ 2. This act to take elFeci frora and after its passage.

Approved Feb. 15, 1865,
27

1865. 194

Ja force Feb* 14. AN ACT to incorporate the town oi' Girard. '

1355.

Section 1. Be it enacted by the people of the state nj ,
Illinois, represented in the General »^ssenihly, That the
inhabitants of the town of Girard, in the count) of Maeou-'
pin, are inereby declared a body corporate and politic,
witti all the rights, privileges and powers conferred upon
the town of Carlinville by an act entitled "An act to in
corporate the town of Carlinville," approved February 9,
1853, and all the provisions of the act aforesaid and of ani
act amendatory thereto, passed at the present session of'
the general assembly, are hereby declared applicable to
to the said town of Girard.

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

Approved Feb. 14, 1855.

In force Feb. N, AN AC I" to Vacate the town plat of the town of Granville, in Effingi .nn
j865. coumy.

Section 1. Be it enacted by the people of the state oj
Illinois, represented in the General Jissembly, That the
town plat of the town of Granville, in \\\e county of Effing-
ham, be and the same is hereby vacated.

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

Approved Feb. 15, 1855.

Id force Feb. 14, AN ACT to change the name ot the town of Xenia, in Logan county, t« At-
1855. lanta.

Section 1. Be it enacted by the people of the state oj
Illinois, represented in the General Assembly, That fi om
and after the passage of this act the name of the town of
Xenia, in Logan county, shall be and the same is hereby
changed to Atlanta.
Not to Interfere § 2. Nothing in this act shall be construed to interfere^
with amy rigbi j,^ ^|jg ijohts of auv persou or persons heretofore acqui-
quired. red, nor to affect the title to any real estate or other pro-

perty acquired in the name of the town of Xenia, but the]
same shall be perj^etuated as though this act had not been^
passed. |

Approved Feb. 14, 1855.

195 {H5n.

AN AG £ to change the 'iaime of U liJa'ovvn, in Woodford coiiaty, to Man- in Jorce jvb. i6.

tua. »8&&-

Section 1, i?e 2^ enacted by the people of the state of
Illinois, represented in the General Assembly. That the
name of the town of Uniontown, in Woodford county, be
and it is hereby changed to that of Mantua: Provided,
however, that the change of name shall in no wise aliect
contracts or conveyances heretofore made.

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

Approved Feb. 15, 1855.

AN ACT to vacate the towu plat of the town o£ Saint-Louis, in the county ja force b-gi, ifc.

of Pike. 1866.

Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly, That the
town plat of tiie town of St. Lous, in the county of Pike,
in this state, be and the same is hereby vacated, and the
lots and blocks of said town shall hereafter be assessed and
taxed in the same manner that other lands are required to
be assessed and taxed : Provided, that notliing in this act
contained shall be construed to affect the title to any real
estate in said town.

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

Approvkd February 15, 1855.

AN ACT to vacate a part of certain streets and aileys m the town of P,tts- j^ f^^oe P'eb. s^

^^'*^- J966.

Section 1. Be it enacted by the people of the State of
Illmnis, represented in the General Assembly, That so
much of Mississippi street as lies north of Perry street
and so much of North street as lies west of the centre of
aut lot SIX, all in said town of Pittsfield, in the county of
Pike, and also, both of the alleys running through block
number twenty, in said town, be and the same are hereby
vacated and abolished, so that the said parts of streets
jmd alleys shall not be required to be opened.
I § 2. This act to take effect and be in force from and
ifter its passage.

Approved Feb. 15, lb55.

1855.

196

In force Feh. 12,
l*>5.

Oommisloners to
retiiiryey town
plat.

. !at to conform
as near as niav
be to tl)e pre.-.' n:
I.>lat.

T> lia recorded.

To be held as a
l«gal survey.

Two of the com-
misstonera to
conKtItuie a
>4Uuruin.

To die a b4Il of

Commtsblonersto
make oath.-

AN ACT to resurvey the town of Savanna, in Carroll •onnty, 1'

Skction 1. Be it enacted by the people of the stu\\
IlliiKus, rfpre^ented in the General ^'hscmhlv^ Ei
Funk, NOiiiirin D. French and Thomas Rapp tre If (
ap|)i'iiitt(l commissioners to resurvey the town of Sa
n«, and to affix permanent boundaries at the intersec
of thf (litf rent streets and alleys in said town.

§ 2. lit it further enacted, Theii the said commi?sio
sli iii be required to make their survey and plat of said t
coniorm, a« near as may be, to the present plets and
vevs ot the town, and that the survey and plat, when m
shall be recorded in the recorder's office, in Carroll ctj
ty, and when so made and recorded shall he consider!
iegil survey and record of the said town of Savanna,
jtcv only to the decisions of the courts having compet
j'lrisdiciioii in the premises. And it is further provi
that no decision shall invalidate any other portion of
survey than that portion in regard to which such deci
refers; and tliat all suits for any change of boundaries i,
tiiat made by the aforesaid commissioners fhali be c
menceii wiihin one year from the time that such sui
and plat is filed for record, and that any final subseq
decision making any change of boundaries shall be 1
wise recorded, and when so recorded shall be held
legal survey and record,

§ 3. Be it Jiirther enacted. That either two of
aforesaid comuissioners shall constitute a quorum qui
ed for the transaction of business, and that in case of d
or resignation they may appoint another to act with tl
and tliat the said commissioners shall file a bill of all
expenses of making the survey and plat, together witb
ex[)enses of putting up boundaries, recording the sun
and all other incidental expenses arising therefrom,
the board of auditors of the town of Savanna, who i
allow a reasonable compensation for all services rende
and who shall furnish a written statement of the ami
to the county clerk, which amount shall be paid by a
to be assessed equally on each of the lots in SavannJ
be assessed and collected with other taxes.

§ 4. Be it Jtirther enacted, Tl:at the said com;
sioners, before entering upon the duties for whicfi the]
hereby appointed, shall make oath belore some qual
magistrate that they will faithfully perform their dutie^
commissioners according to the best of their abilities
in accordance with the provisions of this act.

§ 5. This act to take effect from and after its pas«|

Approved Feb. 12, 1865.

197 1855.

ACT to correct the survey and plat of Elston's, Wiswall's an'l Fli;i;'.s n Force Feb. 16.

addition to the town of Princeton ^nd to vacate a certain 8ti t-f't

1866.

lEREAs in the original survey ot' th<^ town of Princeton, Preamrse.

Jureau county, a street called North street was laid out

cross said town, »"unning between lots N^^. ninety-seven

97,) ninety-nine (99,) one hundred and twelve ( I !2,)

ne hundred and eleven (Hi,) one hundred. an i ten

110) and one hundred and nine (109,) on tlie jne side,

nd lots ninety-eight (98,) one hundred (100.) one

undred and thirteen (113,) one hundred and tuurteen

114,) one hundred and fifteen (115) and one hundred

nd sixteen ( 116,) .^n tiieother side,on the original survey

1 said town; and whereas in t'le stibdivisioj; of lots

io. one hundred and three (103,) oi.e hi'ndred and four

104.) one hundred and five ( i05,) one hun Ired and six

106,) one hundred and ten (110,) one hundred- and

" leven (HI,) one hundred and fourteen (114) and one

undred and fifteen ( 115,) called Elstoh's, Wisvvali's and

'lint's addition to the town of Princeton, an error was

aade on the plat and survey, by which said North street

i^as laid out sixty-six (66) feet or just the width of said

treet '"outii of the North street on th^ original survey

1|f said town, when it was intended tliat said street

hould be so surveyed and platted as to cor;espond with

he North street in said original plat; and whereas lots

fo. twenty-six (26,) forty- seven (47,) sixty- two (62,)

ighty-three (83,) one iiundred and one (101,) oneiiun-

'' nd twenty-two ( 122,) one hiindred and forty- six (146)

" !nd one hundred and sixly-seven (167) in the belore

"Mentioned addition to Princeton, are located upoit said

'' i^orth street, as origiiiaily laid out; therefore,

" Section 1.] Bf it enacted hy the people of the atate

llinoU^ represented in the GeneralJlsRemblij^ That the

th street, laid out according to the recorded plat of El- Addition oi wsf-

, „». 11? iT-ii- 1 ■>!•,• L a\ i I'Tk- wall & Flint to

rs, Wiswalis and l hnts addition to the town ot Fnnce- Pnii« ton v»..«.
is hereby declared to be annulled and vacated, and **^'

said lets 26, 47, 62, 83, 101, 122, 146 and 167 on th«
t and survey of -"aid addition are hereby declared to
removed and rel.>cated upon the street so vacated, the
le as if said lots had been originally located upon said
'cl; and all the right, title, interest and estate of the
neis of the lots last enumerated in this act, as herein
dared to be relocated, are hereby confirmed to said
ners the same as if said error had not been made or
inge of location effected.

§ 2.j Be it J art her enacted. That so mnch of the
eet known and designated as First street on the plat of

o; iginal survey of the town -f Princeton, in the coun-
of Bureau, as lies between lots numbered one and lots

385^, 198

numbered twenty-three and twenty four, be and the same
is hereby vacated. This act to take effect and be in force
irom and after its passage.
.vppRovED Feb. 15, 1855.

in i-Kcn Feb. 13, AN ACT 'o authorise tl'eelec'ion of a jnstfce of the peare in the towEi of
*^*~ Golcoiida, P pe county, Illinois.

Whkreas the inhabitants of tiie town of Gol^^ondu, in the
county of Pope, and state of Illinois, have incorporated
said fown under the general incorporation law of said
state ; and whereas great inconvenience is experienced
for the want of a resident justice ol the peace ; there-
fore,

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

lllinnu, represented in the General Assembly ^ That the

RVctioR of .)as- legal voters of snid town are hereby authorised to elect a

itceof thpvf're justice of the peace, who shall reside in said town, and who

shall have the same jurisdiction that other justices of the

peace have or may liave, and who shall give bond and be

commissioned and qualified as other justices of the peace

are, and who shall hold said office for two yeais and until

his su cesser is elected, commissionrd and qualified.

jTftskient aod § 2. The president and 1 1 ustccs of Said towu sliall give

tnistees togive fifteen days' notice of the time and place of holding an

notice *f elec- in • j j i i

<'f>a election; shall app int three judges and two clerks of elec-

tion, who shall conduct said election according to the k.ws
of this state, and shall make return of the poll-bonks to the
clerk of the county court of Pope county, who si all make
, out an abstract of the same as in other elections for justicel

of the peace. '

wectioQ irhen § 3. Thc first electlou held under this act to be on the
■""'^' first Monday in March, 1855, and every two years there-

after, and a special election maybe held at any time to fill
a vacancy.

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

AippRovED Feb. IB, 1855,,

199 1865.

AN ACT to authorise the inhabitnnts of Ihe village of Prairie Du Pont, in In force v^b. i&,
St. Clair county, to caue a plat and M'.rvey of said village. '^*^'

Section I. Be if enacled by the people of the state of
Illinois^ represented in the General ^ssembty, That the
commissioiier and school trustees of the village of Prairie survey aud piat
Du Poiit, in St. Clair county, or a majority of them, are
hereby authorised to cause a survey and plat to be made
of said village.

§ 2, That said commissioners and trustees, or a major- Commissioners
ityof them, shall cause said plat and survey to be made by employ surveyor
one or more competent surveyors, to be by them selected,
which plat shall particularly describe and set forth all the
streets, alleys, public grounds, lots and fractional lots in
.''aid village, giving the names, boundaries, widtlis, corners
and extent of all such streets and alleys.

& 3. All the lots of said village shall be numbered in i-ote «o betum-
progressive order, and their precise length and width shall
be stated on said plat, and the said surveyor or surveyors
shall, at the time of surveying i;aid village, plant and fix,
at some conspicuous part of said village, a good and suffi- to nx twaer
cient stone for a corner from which to make future sur-
veys; and the point where such stone shall be planted shall
be designated on said plat.

8 4. When said survey and plat shall be completed, as ^""TVf ^t^^""

o , ■) 1_ ^ . ,1 ' rutted to tb' la -

aforesaid, the same shall be certified by the said surveyor iiabitnnts.
orsurveyors and submitted to the inhabitants of said village,
assembled iu town meeting, after due notice, for their ap-
proval; and if the said survey and town plat be approved
of by said meeting, or a majority of the m, the chairuian
and secretary of said meeting shall certify, under their
hands and teals, that said survev and plat have been ap-
proved of by said iniiabitants; which certificate shall be an-
nexed to said plat, and then the said survey, plat aiid cer- wuen a^proT.>.',
tificate may be recorded in the recorder's office ot St. Clair
county, without further proo! or authentication.
Appro VED Feb. 15. 1855.

AN ACT authorising; iho inhabitanis of tfie village of Cahokia, in St. Clair

eoii!.'}', io cause a phit to be macle of said village, and for the approp:ia-
tioi) of a part of their school fund,

Sfction 1. Be it enacted by the people of the slate of
Illivois, represented in the General * /ssem'ly, That the
supervisor anvi school trustees of tiie village of Cahokia, T.;,.^j;ryey ^^ tt>a
in St. Ciair county, or a majority of them, are heieby au- to-w"t«i>emad6

*i 856. 200

thorised to cause a survey and plat to be made of said vil-
lage.
mat 10 be made 5, 2. That saW supcFvisors and trustees, or a majority
verw.^*'^ * "^ of t)iem, shall cause said plat to be ma e by the county
surveyor of St. Clair county, assisted by any otht r i < mpe-
tent surveyor whom they i^ay select; which plat shall par-
ticularly describe and set forth all the streets, alleys, j.ub-
lic grounds, in lots and fi actional lots in said vill^^e, giv-
ing the names, widths, corners, boundaries and extent of
all such streets and alleys.
urtB lobcaum- § 3. z\ll the lots of said village shall he numbered in
bered. pfogressive order, and their precise length and wi .I'a shall

T,, nx a crner b^ statcd ou Said plat; and the said surveyor shali, at the
*■'""• time of surveying said village, plant and fix at the ( -irner

of the public ground or other conspicuous part of said vil-
lage a good and sufficient stone for a corner fiom which to
make future surveys; and the point where such stone shall
be planted sliali be designated on said plat : Provided, that
nothing herein contained shall authorise the said surveyor
to open or survey anymore streets or allejs in said \illage
than those streets and alleys now opened and used as such.
Fat to beoerti- § 4. When the said survey and plat shall be comple-
t'^%,^ui^' ''*'■ tsd, as aforesaid, the same shall be certified by the said
surveyors and submitted to the inhabitants of said village,
in town meeting assembled, for their approval; and if the
said survey and })iat be approved of by said meeting, or a
majority of them, the chairman and secretary of said meet-
ing shall certify, under their hands and sells, that said sur-
vey and plat hive been approved by the inhabitants of the
said village of Cahokia, and whicli certificate shall be an-
rsniob.; 1.1a.:. I ncxed to said plat. The said surv«^y, plat and certificate
0.1 rcxTd. ^^^. ^j^pj^ jjg recorded in the recorder's office of St. Clair
county, without further acknowledgment or authentica-
tion.
r.xpci^rs i^, ba \ 5. That the costs and expenses of said survey and
^i'io.irfuiJd. '^''^ plat and recording the same shall be paid out of the sur-
plus school fund belonging to said village.
>wi«wifunastobe § 6. Be it Jar/her enacted, That the said supervisor
^s^Mevpt^and and trustccs and their successors in office are hereby au-
tuibansiupiit. thorised and empowered to a})propriate a portion of the
surplus school fund belonging to said \ illage, not, however,
exceeding five hundred dollars per annum, and not needed
for the ample maintenance of sciiools in said village, to-
wards making and keeping in repair a levee or em'.ankment
at said village, to protect it from the floods to which it is
subject,
■fti .Tip r visor i<j X 7, That the said supervisor or his successor, with

)wv« the control ,,*,. , ^.-i^ x iiii ^i

ofthewoT*. tne advice and onsentoi said tru<5tees, shall navt- tlie con-
trol c.nd raanacjement of saii work, and cause the * ine to

. Ill

be made in the manner wliich he and the said trustt • - shall

201

1856.

deem and judge to be tl.e most advantageous for the in-
terests of the inhabitants jf said village.

§ 8. So much of an act approved February 17th, 1841, Act rf^p»aw.
entitled, "An act to authorise the supervisor of the village
of Cahokia to lease a part of the common appertaining to
said village, a« prohibits the said supervisor and trustees
from aj)propriating any part of said fund to any other than
school purposes, is hereby repealed.

Approved Feb. 14, 1855.

AN VCT to vacate the town plat of the town of Byron, in Fulton county, In force Pet. i6.

Illinois. '8S6.

Section 1. Be it enacted hy the people of the state of
Illinois., representtd in the General t^ssemhlx/, That the
town plat of tiie town of Byron, in the county of Fulton, be
and the same is hereby vacated, and the right and title to
the streets, alleys and public rjrounrls thereof shall not, by
this act, revert to tne original proprietor of said town, but
the same shall vest in the present owner of the lots in said
town, provided the present claimant is the owner of all the
entire lots of said town.

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

Approved Feb. 15, 1855.

AN ACT to legalize and establish the survey of the (own of Peru. In lorce Feb. 1&,

1856.

Whereas the trustees of school lands of township thirty- Preamble,
three north, range one ea^t, 3d. P. M., La Sa:le county,
in 1834, caused the south half of the southwest quarter
of section sixteen of said township to he laid ofi" into
town lots, ar.d made a survey of tiie sa;ne, and a plat and
field notes, uat in such a way that there are discrepancies
between theni, and now, for the want of landmarks and
said discrepa icies some uncertainty exists as to tlie exact
locality or the boundary lines of said lots ; and where-
as George B. Martin, Ward B. Burnett and George W.
Holley caused a resurvey of the same to be made under
ar. act of the general a:;sembly, but in such a way as to
leave the same in doubt and uncertainty; therefore,

1866. -202

Section 1. Be it enacted by the ])enple of the state of

Illinois, represented in the Genera/ ^ssertihti/, That the

sorvey of certain survev of the soiuii half of the southwest quarter of sec-

tand lesallziid. . •'. ,. ,. , i,.

tion Sixteen, t jwnsnip thirty-three noith, of range one
east, 3d P. M.. of La Salle county, made by the trustees of
school lands of said township, in 1834s in laying .jut the
town of Peru, as modified by the comniis?ioners appointed
Regurveyoftonrn })y g^ ^ct entitled " An 8ct to authorise the resurvf v of

of Peruconnrm- -' r n t o it n

«!• the town of Per;j, La Sa'Ie county, a})proved March 2,

1839, and by T. E. G. Hanson, surveyor, under the di-
rection of tfie city of Peru, be confirmed and established,

^"""f"'*" ^*" to wit: Commencing at f^he northeast corner of said tract,
(foilowiiig the general j)lan and outline of said survey and
said modifications thereof) lay off North street thereon,
eighty feet wi<!p, running west to the northwest c.rner
thereof; thence lay off West street thereon, thirty- nine and
a half feet wide, to the sothwest corner theieof; from suid
southwest corner run a line north 71 deg 35 min. east to
a point thirty-six feet south of the southeast corner of
block seventeen (17,) as established by said first survey
and the field notes thereof, and indicated by stake and
stones planted there, and extehd said line until it str kes
block sixteen ( !6,) w'lich line makes tlie south line of
blocks nineteen (19,) seventeen (17) and the west part of
sixteen (16;) commencing then at a point one hundred
and ninety-eight feet north of the south line of said tract,
and three hundred and thirty-one feet east of West street,
run a line tlience west tfiree hundred and thirty-one feet,
to West street, which makes the north line vf block nine-
teen (19;) thence north sixty feet, across Water street;
thence east two thousand five hundred and forty one feet,
which makes ^he south line of blocks eighteen (18,) the
east part of sixteen, fifteen, fourteen and thirteen; thence
north two liun Ired and seventy six feet, which mHkes the
east line of b^ock thirteen; thence west to Weststrtet,
which makes the north line of said blocks; thence n«rth
sixty feet, across Centre street; thence east two thou-and
five hundred and forty-one feet, whioh makes the south
Une of block seven, eight, nine, ten, eleven and twelve;
thence north two hundred and seventy-six fee^, wl\ich
makes the east line of block twelve, thence west to West
street, which makes the north line of said blocks; thence
north sJKty feet, across BIufFstrret; ilienceeast two thou-
sand five hundred and forty-one fe.-r, which makes the
south line of blocks six, fivf, four, three, two and one;
thence north to Nortli street, which makes the east line of
block one. The lots are eighty feet east and west, and
one hundred and thirty- two feet north and south, except
the north tier of lots of blocks one, two, three, four, five
and six, which are extended to North street, and the lots

203 1855.

in block nineteen and the south tier of lots in block se-
venteen, and the west half of' bl )ck sixt» en, wh eh pxtend
to said south line of said blocks, as herein established.
The alleys iunning north and south are eleven feet wide.
The streets running north ami south between sa d blocks
are seventy- nine feet wide. East street embraces all of
said tract east of blocks one, twelve and thirteen. In all
particulars not herein enumerated said resurvey is estab-
lished.

§ 2. The city of Peru shall immediately cause suffi- c'ty to catwe

3 •' •' - landmarks to b«

cient landmarks to be erected at one or more corners oi erected.
each of said blocks, as herein established, and cause an
accurate plat of the survey legalized and eslablished by
this act to be made and recorded in La Salle county.

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

Approved Feb. 15, 1855.

AN ATT to incorporate tbe (own of Grayviiie.in the counties of Wliite and m forwMarw.i,

Edwards.

Section 1. Be it enacted hy the people of the state of
Illinois^ represented in the General Jissembhj^ That the
inhabitants in the town of Grayville, in the counties of "^"^/poP^t"'" ""*
White Hiid Edwards, and stat( of Illinois, be and tls'-y are
hertby constituted a body politic and corporate, by the
name and style of "The Town of Grayville," and by that Name and styi.
name sl>a)l have perpetual succession, and may have and
use a common seal, which they may change and alter at
pleasure.

§ 2. The boundaries of said town shall include within Boiuniarie».
their limits all that district of country known as the north-
east quarter of section No. (20) twenty, the southeast
quarter of section No ( 17) seventeen, so much of the south-
west quarter of section (16) sixteen, as lies west ot the
Boupas creek, and so much of the northwest quarter of
section No. (21 ) twenty-one, as lies west of the Great Wa-
bash river, all of which lies in township No. (3) three south,
of rani^ie No. (14) fourteen west of tiie (2) second princi-
pal meridian.

§ 3. Wdenever any tract of land adjoining the town of Land annexed to
Grayville s*iall be laid oftMnto town lots and recorded, ac- Ihe^to^r"^' "
cording to law, the same shall be annexed to and form a
pait of the town of Grayville,

§ 4. The inhabitants of said town, by the name and style General powers
aforesaid, shall have power to sue and be sued, to plead and

1856.

lequUtte qnaUfl-
cations to be a
member of the
town council.

When vacated.

sonteateu
I tions.

• liay compel the
atten I'aceof ab
seat iflfinibers.

-May punish Its
Tn-mbers.

Xot to be ap-
pointed to office.

VacaucleB
filled.

Vo subscribe an
«ath.

Vie bow decided.

204

be impleaded, to defend and be defended in all courts of law
and equity, arifl in all actions whatsoever; to purchase, re-
ceive and hold property, real and personal, in said town,
and to purchase, receive and hold property, real, beyond
the limits of sdid town, for burial grounds for the
use of the itdnhitants ot said town; and to sell, lease,
convey and improve property, real and personal, for the
benefit of said t;)wii, and to do all other things in relation
thereto as natural persons.

Article II. — Of the Town Council.

§ 1. There shall be a town council, to consist of a
president a-id six coiuicilm^^n, to be chosen annually by
the qudl fled voters of ihe s tid town.

§ 2. N>j person s'l-ilj be a member of the town council
unless he shall be at tlie rime of, and shall have been six
months immediately preceding his election, a resident of
of the town, and shall be, at the time of iiis election, twen-
ty-one years of age and a citizen of the United States.

§ 3. If any member of the town council shall, during
the term of his office, remove from the town, his office shall
thereby be vacated.

§ 4. The town council shall judge of the qualifications,
elections and returns of its own members, and shall deter-
mine all contested elections.

5 5. A majority of the town council shcill constitute a
quorum to di business, but a smaller number may adjourn
f.om day to day, and compel the attendance of absent mem-
bers under such fines and penalties as may be prescribed
by ordinance.

§ 6. The town council shall have power to d^^termine
the rule of its proceedings, and [)uuisa its meiiiDers for dis-
orderly conduct in such manner a? may be prescribed by
ordinance.

§ 7. The town council shall keep a journal of its pro-
ceedings, and from time to time publish the same.

§ 8. No member of the town council, during the term
of his office, shall be appointed to any office under the au-
thority of the council.

§ 9. All vacancies that shall occur in the town council
shall be filled by election.

§ 10. Each and every member of the town council, be-
fore entering upon the duties ot his office, sholl take and
sub«;cribe an oath that he will siippoit the constitution of the
United States and this state, and thfit he will well and trul}'
perforin the duties of his office to the bes^t of liis ability.

§ II. Wiier>ever there shall bf, a [tie] in the election of
any member ol tlie town council, treasurer rnd town con-
stable tlie i.iJi'es ot said election shall certifv the same to

206 1855.

some actin£y justice of the peace of said town, who shall
determine the same, by lot. as shall be provided for by
ordinance.

6 12. There shall be twelve stated meetings of the Ntiiuber of meet-
town conncil in each year, at such times and places as may
be prescribed by ordinance.

7\rticle III. — Elections.
6 t. On the first Monday of June next an election shall Riection to te

V "- -^ . , , held lor the e-

be l)«ld in said town loi one president, six members o! the lertiou of tov^a
town council, one treasurer and one town con? table; and ° ^^^'
forever thereafter, on the first Monday in June of each year,
there shall be an election held for said officers. The first
election shall be held, conducted and returns thereof made
as may be provided by ordinance, by the present president
and trustees of the town of Grayville, and all succeeding
elections as may be provided by ordinance of the town
council by this act created. ^

§ 2. All persons who are entitled tn vote for state offi- Qnniiocauons.
cars, and who shall have been actual residents of said town
ten days next preceding said election, shall be entitled to
rote for said officers.

Article IV.
6 1. The town council shall have power and au- conncii to hava

^ B power to levy

thority to levy and collect taxes upon all property, real and con«ct tax -
and personal, within the limits of the town, not exceeding
one-half per centum per annum upon the assessed value
thereof, and may enforce the payment of the same in any
manner, to be prescribed by ordinance, not inconsistent
with tlie constitution of the United States and of this state.

§ 2. The town coup'U shall have power to appoint a omcersiohetp
clerk, assessor and supervisor of streets, and all such oth- po'"*^*"-
er officers as may be necessary, and to require all officers
appointed in pursuance of this charter, bonds, with sucli
penalties and security for the faithful performance of their
duties as may be deemed expedient.

§ .3. All officers elected or appointed as provided for officers to t«heaa
in this act shall take an oath for the faithful performance
of the duties of their respective offices before entering up-
on the discharge of the same.

§ 4. To appropriate money, and provide for the pay- May appropriate
ment of the debts and expenses of the town. money.

§ 5. To make regulations to secure the general health General health ,
of the inhabitants of the town, and to declare what shall
be a nuisance, and to prevent and remove the same.

1855.

206

Provide water.

To Improve an.l
keep in repair
streets.

Repair bridges.

Ejcpoaure of per-

SOB.

Market houses.

Pubilc grounds.

To lloensi pedlers
and other por-
tions.

Drinklag bonseg.

iiixtlngnlstament
of Area.

Storage of com-
bustibles.

Kaumeration.

To regulate elec-
tions, &u .

To fix the com-
pensation.

To suppress lot-
terl«», &c.

§ 6. To provide tfie town with watci^ to sink and keep
in repair wells and pumps in the streets for tiie conveni-
ent e of the inhabitants.

§ 7. To open, alter, extend, grade, pave, vacate or
otherwise improve and keep in repair tiie streets and al-
leys.

§ 8. To erect and keep in repair bridges, culverts and
the wharf of said town.

§ y. To prohibit on indecent exposure of person in the
streets, alleys and lanes of said town, or by bathing in the
Wahash or iJoupas creek. Jurisdiction is iiereby given to
said town council, coextensive with this state, over so much
of said river and creek as lies east of said town.

5 10. To erect market houses, and to establish markets
and market places, and to provide for the government and
regulation thereot.

§ 11. To provide for enclosing, improving and regula-
ting all public grounds whicii now or may hereafter belong
to said town.

§ 12. To license, tax and regulate auctioneers, hawk-
ers, pedlers, brokers, pawn-brokers, exhibitions, shows and
other amusements.

§ 13. To regulate or prohibit drinking houses, gam-
bling houses, disorderly houses and houses of ill- fame.

§ 14, To provide for the prevention and extinguish-
ment of fires; to organize and regulate fire companies.

6 15. To regulate the storage of sail, tar, gunpowder
and materials that may be combustible in their nature.

§ 16. To provide for taking enumeration of the inhab-
itants of said town.

§ 17. To regulate the election of town officers, and to
provide for removing from office any person holding an of-
fice created by ordinance.

§ 18. To fix the compensation of town officers, and
regulate the fees of jurors, witnesses and others for servi-
ces rendered under this act or any ordinance : Provided^
that in no case shall any member of tne town council re-
ceive more than fifteen dollars, except the president, who
shall, in no case, receive more than twenty-five dollars for
one year's service.

§ 19, To regulate the police of the town; to impose
fines, forfeitures and penalties for the breach of any ordi-
nance; for the recovery and appropriation of such fines and
forfeitures and for the enforcement of such penalties: Pro-
vidtd^ that the right of trial by jury shall, in no case, be
denied to any person charged with a breach of any of the
provisions of this act or any ordinance.

§ 20. The town council shall have power, within the
limits of the town, by ordinance, to prohibit and suppress
billiard tables and lotteries.

207 1856.

5 21. The town council shall have power to make and Power to make
enforce all ordinances necessary and })rojjer lor carr^ying oijinaucf.
into eftecc all of the powers specified ij) this act, so that
such ordinances are not repugnant to nor inconsistent with
the constitution of the United States or of the state of Illi-
nois.

§ 22. The style of the ordinances of the town shall be S'y'e or luo m-
" Be it ordained by the Town Council of the Town of
Gray ville."

§ 23. All oidinances passed by the town council shall, ominancfB to be
within fifteen days after they shall have been passed, be ^"''"''*****'
published in some newspaper published in the town or in
some other way, to be provided by ordinance, in case no '

newspaper is published in the town, and shall not ! e in
force until they shall have been published as aforesaid.

§ 24 All ordinances of the town may be proven by ordinance t-ow
the seal of the corporation, and when priiited or published *"'"^*''
in book or pamphlet lorm, and purporting to be printed or
published ly the autliority of the corporation, the same
shall be received in evidence in all courts and places
without further proof.

§ 25. It shall be the duty of any justice of the peace Manner of prc-
in said town, and he is hereby authorised and empowered, **^
on view or upon compliint being made to him upon oath
of the violation of any law or ordinance of said town, to
issue his warrant, directed to the town constable or to any
authorised person, to apprehend the offender or offenders
and bring her or them for'.hwith before him; and after hear-
ing the evidence, if it shall appear that the accused has
been guilty of a violation of any of the laws or ordinances
of said corporation, to impose such fine or imprisonment
as is provided in such laws and ordinances of said corpo-
ration as a penalty for a breach thereof.

§ 26. Any fine, penalty or forfeiture incurred under Fines, &c. ho»
this act or any by-law or ordinance made in pursuanne of '■***^"''*'*
this act or of any act that may be passed amendatory ^

thereto, may be recovered, together with costs, before any
justice of the peace, in the corporate name of said town;
and several fines, forfeitures or penalties for breaches of pmes not uex-
the same ordinance or by-laws, not exceeding on ' hundred ^0^^"^***° *'
dollars, may be recovered in one suit; and the first pro-
cess shall be a summons, unless oath or affirmation be
made for a warrant, by some credible person. But in
all cases of assault, assault and battery, affray or riot, a
warrant shall issue for the arrest of the off*^nder or offend--
ers in the same manner as for like offences against the
laws of the state. Upon rendition ot judgment for any fines,
penalties or forfeitures the justice shall issue his execution
forthwith for t!ie same and costs of suit, which may be levied
upon any persone.l property of the defendant or defend-

1S55. 208

vrbeu returned ants, Hot excmpt from execution. If the constable shall
found how to return upon such execution "no ()if>pertj found," then
proocfcd. j.j^g justice shall issue a capias agaii.st the body of the

defendant or defendaulp, and the coiistable shall arrest
Maycummit the such persou or pcrscus and coniinithim or them to the jail
pirtytt.jaii. of (he county, to Tem&in forty eight hours; and if the judg-
ment and costs exceed five dollars, then to remain in close
custody in said j'^il twenty f >ur hours for every two dollars
over and above t'le said fivt collars, arM .-o in piojortion
iroviw. to l.'se amount of the judgment and cosfs : Provided^ how-

ever, th t if the said town conr cil or lUe attorney for the
same shall, in writing, require of said justice a transcript
of the judgement ?ind costs to be certified to the clerk of
the circuit court of the proper county to have the same
levied upon real estate, the said justice shall not issue a
capias, as aforesaid, but shall, without delay, certify a
t.anscript thereof, with all the proceedings therein, ac-
cording to law, to such clerk, which shall be filed and re-
corded as in other cases; and such judgment shall have
the same force and effect as judgments rendered in the
circuit court, provided an appeal may be granted within
five days after the lendit on of judgment with the same
force and effect, rights and privileges to all parties as in
other cases.

Article V. — Of the President.

President to pre- § 1' The president shail prcside at all meetings of the
side 8t raoetings town council, and shall have a casting vote and no other,
and in case of his nonattendance at any meetiug the
council .shall appoint one of their number chairman, who
shall preside at that meeting.
May call a dp - § ^ The president or any two members of the council
oiai meetings, j^gj gall spccial meetings of the town council.
President to In- § ^- The president shall be active and vigilant in en-
spect the con- forcing the laws and ordinances for the government of the
ordinatoe. ' towu. Hc shall iuspcct the conduct of all the subordi-
nate officers of the town, and cause negligent and positive
violations of duty to be prosecuted and punished, and he
is hereby authorised to call on any male inhabitant of said
town, over the age of twenty- one years, to aid in enforcing
tiie laws and ordinances thereof, and any person who shall
not bbey such call shall forfeit and pay to said town a fine
not exceeding ten dollars.

,,. ^ , 5 4. H*^ shall have power, whenever he shall deem it

necessary, to require of any officer ot said town an ex-
hibit of his books and papers, and shall have power to do
all other acts required of him by any ordinance made iu
pursuance of this act.

209 1855.

Article VI. — Of Proceedings in Special Cases.

§ I. When it shall be necessary to take private pro- TomakeeompfB-
perty for opening or altering any public street or alley the prh°a°teVr«j.p"r-
corporation shall make a just compensation to the owners ^^'•
of such property, and pay or tender the same before open-
ing or altering such street or alley; and in case the amount
of said comjiensation cannot be agreed upon the town
council shall cause the same to be ascertained by a jury
of ffix disinterested freeholders of the town.

§ 2. When all the owners of property on a street or towu c«»boh
alley proposed to be opened or altered shall petition there- &c.
for the town council shall pro\'ide for the opening or alter-
ing the same; but no compensation shall be allowed to
such owners for their property, so taken.

§ 3. All jurors empanneled to enquire into the amount Jurors t» te
of benefits or damages which shall happen to the owners
of property proposed to be taken for opening or altering
any street or alley shall first be sworn to that, and shall
return to the town council their inquest, in writing, signed
by each juror : Provided, always, in the assessment of Proviso.
such damages the jury shall take into consideration the
benefits as well as the injury happening to the owners of
property proposed to be taken for opening or altering a
street or alley by such opening or altering.

5 4. 1 he town council shall have power, for good causes Council to ^et a-
shown, within ten days after any inquest shall have been
returned to them as aforesaid, to set aside the same and
cause a new inquest to be made.

§ 5. The town council shall have power, by ordinance,
to levy and collect a special tax on the holders of lots on
any street or alley or on any part of street or alley, ac-
cording to the respective fronts owned by them, for the
purpose of grading or paving the side-walks of said street
or alley.

Article VII.

§ 1. The inhabitants of the town of Grayville are Exempt from
hereby exempted from working and from the payment of
any tax to procure labor done upon any road beyond the
limits of the town.

§ 2. The town council shall have power and it is here- Abie bodied p«r-
by made their duty, when it may be necessary for the pur- streets.
pose of keeping in repair the streets and alleys of said
town, to require every able bodied male inhabitant of said
town, over twenty-one years of age and under fifty, to la-
bor on said streets and alleys, not exceeding three days
in each year; and any person failing to perform such labor,
when duly notified by the supervisor of said town, shall
28

1865; 210

forfeit and pay the sum of one dollar to said town for
each and every day so neglected or refused.
Penalties for vi- § 3. The town council shall have power to provide for
oiMinances. {lie punishmeut of offenders against the ordinances of said
town by imprisonment in the county jail, not exceeding
thirty days, for any such offence, in all cases where such
offender shall fail or refuse to pay the fines and forfeitures
which may be recovered against them.
sutement. to te ^ 4. The town council shall cause to be published,
published. annually, a full and complete statement of all moneys re-
ceived and expended during the preceding year, and on
what account received and expended.
Ordinances pas- § 5. All Ordinances and resolutions passed by the pres-
to force. ""'"'' ident and board of trustees of the town of Grayville shall
remain in force until the same shall have been repealed by
the town council hereby created.
iaits tobebro'f, § 6. All suits, actions, and prosecutions instituted,
*■'' commenced or brought by the corporation hereby created

shall be instituted, commenced and prosecuted in the name
of the town of Grayville.
hdw prosecuted. § 7, All actions, fines, penalties and forfeitures which
have accrued to the president and trustees of the town of
Grayville shall be vested in and prosecuted by the corpo-
ration hereby created.
?roporty to be X g, All property, real and personal, heretofore be-

▼ested in corpo- ,^. ,.i -j. j. ^ /-iix ^ r^

ration. lougmg to the president and trustees of the town of ijrray-

ville, for the use of ihe inhabitants thereof, shall be ar>d
the same are hereby vested in the corporation created by
this act.

The election of ^ 9. The president and trustees of the town of Gray-
ville shall, immediately after the passage of this act, take
measures to promulgate this law within the limits of said
town, and issue their proclamation for the election of of-
ficers and cause the same to be published in all the news-
papers published in ^aid town, two weeks in succession,
prior to the day of election o*" such officers herein pro-
vided.

§ 10. Appeals shall be allowed in all cases arising un-
der any of the provisions of this act, or of any ordinance
passed in pursuance of this act, to circuit courts of
the counties of White or Edwards; and every such ap-
peal shall be taken and granted in the same manner and
with like effect as appeals are taken from and granted by
justices of the peace to the circuit court in similar cases
under the laws of this state.

wteen an office § il. Whenever any of the officcs herein enumerated

^^an. ^®"^™® shall become vacant, by death, removal, resignation or

otherwise, the town council shall immediately adopt such

measures as will cause the same to be filled, either by

election or appointment, as required by this act.

211 1855

§ 12. This act is hereby declared a public act, and
may be read in evidence in all courts of law or equity in
this state, without proof.

5 l-i. The town constable or any other officer authori- May execute pro

J, . ., ^, '' •jiiU •■e^s within (hi-

sed to execute writs or other process issued by the mnits of \^^c
justice of the peace shall have power to execute the same "™°'^-
any where within the counties of White and Edwards, and
shall be entitled to the same fees as other constables are
in like cases.

§ 14. This act shall take effect and be in force from
and alter the fourth day of March next, provided that all
liws and parts of laws inconsistent with the provisions of
this act are hereby repealed.

Approved Feb. 13, 1855.

and politic.

AN ACT to change the name of K^nkake* Depot and Bourbonnais, as ap- in forceFeb. 15.
plied to the county seat of Kankakee c >unty, to Kankakee city, and to 18S5.

incorporate said town.

Section 1. Be it enacted by the people of the state oj
Illinois, represented in the General Assembly, That the
names of Kankakee Depot and Bourbonnais, as heretofore N„,ne cuaim'Pd.
applied to the county seat of Kankakee county, be and
the same are hereby changed to Kankakee city; and the
additions known as " additions to the town of Bourbon-
nais" are hereby changed to " additions to the town of
Kankakee city : Provided, however, that the change of
name shall in no wise affect contracts and conveyances
heretofore made.

§ 2. That the inhabitants of the said town of Kanka- Body corpoi-at^
kee city, in the county of Kankakee, be and they are
hereby constituted a b >dy politic and corporate, by the
name and style of " The President and Trustees of the
Town of Kankakee City," and by that name shall be
known in law, and have perpe'ual succession; may sue
and be sued, plead and be impleaded, defend and be de-
fended, in all courts of law and equity, and in all actions
and matters wliatsoever; may purchase, receive, hold and
grant real and personal property within the limits of said
town and beyond, for burial grounds or other purposes,
for the use of the inhabitants of said town, and may sell,
lease and dispose of the same for the benefit of the town;
may have and use a common seal, and alter the same at
pleasure; and may do all other acts as natural persons
which may be necessary to carry out the powers hereby
granted.

M^^etJ

l)ivi(!f-a

1855. 212

oumiarics. ^ 3. The boundaries of said town shall be defined and

established by the president and trustees as soon as may
be after the first election : Provided^ hoioever^ that the
limits of said town shall not exceed two miles square,
having its centre at the depot of the I. C. R. road, as at
present located.
i.i.t aiMt § 4. The corporate powers of said town shall be
vested in a president and four trustees, who siiall be
elected annually, and who shall hold their olficbs until
their successors are elected and qualified.
ito § 5. Said town shall at present be divided into tw»
wards, as follows : All the territory embraced within the
limits and boundaries of said town, lying east of tlie I. C
R. load shall constitute the first ward; and all the terri-
tory lying west of said road shall constitute the second
ward, the qualified voters of each of which wards shall

Kiecttr'isiees. aunually elect two trustees of said town; and the qualified
voters of said town shall annually, at the time of electing
trustees, elect a president of said town, who shall be pres-
ident of the board of tnistees, having only a casting vote
in said body. They shall also, at the same time, elect a

Town offlc rs. collector, who shall be ex officio town constable, and have
the same powers as other constables in said county. Said
collector and constable shall receive such compensation
and in the same manner as is prescribed by law for con-
stables and for township collectors under the general laws
of this state for similar services : Frovided^ that the board
of trustees may, at any regular meeting, when tljey shall
deem the interests of the town require it, divide the town
into a greater number of wards than are herein specified,
and fix the boundaries of the same.

Tri=tees ciccteti § 6. The president and members composing the board
annually. ^j^ trustees shall be elected on the second Tuesday of

April, annually; they shall have the qualifications of vo-
ters for state officers, and shall have resided six months
in said town; and the trustees shall, at the time of their
election, be residents ot the wards for which tliey are
elected. The constable and collector shall have the same
qualifications, and shall hold his office for one year. No

fierson shall vote at any such election unles? he shall be a
egal qualified voter for state officers, and shajl have re-
sided in said town thirty days next preceding the election;
, nor shall any person be allowed to vote except in the ward
where he shall reside.
Collector and ^ 7. The coUcctor and constable shall severally exe-

constable to ex- •> , , ... i ^ cc • , •, • i

acute bond. cute a boud, With good and suincient security, m a penal-
ty of at least one thousand dollars, for collector, and five
iiundred dollars, as constable, payable to the corporation,
by its corporate name, to be approved by the board of
trustees at their first meeting after the election, and con-

213 1855.

ditioned for the faithful performance of his duties as such
collector and as constable of the town; which bonds, with
t!ie approval of the bo^rd endorsed thereon by the clerk,
shall be filed in the office of the clerk of the corporation
before said officer shall enter upon the duties of his of-
fice.

6 8. It shall be the duty of the board of trustees, in Notice oi town
such manner as they may provide, to give notice or all special fiecu,!,.
town meetings and special elections to be held under the
provisions of this act, by publishing notice thereof a^ least
one week prior thereto in some public newspaper printed
in said town, or if there be no i^uch paper there, by post-
ing up written or printed notices thereof, ten days before
such meeting or election, in three of the most public places
in each ward of said town, which notice shall state the
time, place and object of such meeting or election.

§ 9. The board of trustees shall appoint a clerk of the General p.wer*.
board, a town surveyor and one street commisioner in
each of the wards of said town, and may, by ordinance,
provide for their compensation. They shall have pow-
er to appoint such other officers as the interests of the
town may, in their judgment, require. Said board of trus-
tees shall be the judges of the election and qualifica-
tion of their own members and all other officers of the town;
they shall have pow»r to fill all vacancies in the bf^ard
occasioned by death, resignation or six months absence
of any member thereof, except the office of president,
which shall be filled by election. A majority shall con-
stitute a quorum to do business, but a smaller number
may adjourn from day to day, and compel the attendance
of absent members under such penalties as the board may
provide. The board of truste-is shall have power to fix
and provide for the compensation of all town officers not
otherwise herein provided for; and in case of the death,
resignation or absence of the president any two of the
trustees may call a special election or meeting of the
board to fill said vacancy or for any other purpose. The
board of trustees shall also appoint a treasurer of the
town, who shall have the qualifications ot a legal voter,
and before entering upon the duties oi his office shall ex-
ecute a bond, with sufficient security, in a sum of at least
two thousand dollars, to be approved by the board, for the
faithful discharge of his duties. Said treasurer shall re-
ceive such compensation and in the same manner as is
prescribed for county treasurer, under the general laws
of this state, for similar services.

§ 10. The president of the board of trustees shall special n.cctinss
have full power to call special meetings of the board, when-
ever, in his opinion, the public good may require it.
He shall have and exercise exclusive original jurisdiction

1S55. • 214

in all cases arising under the ordinances of the corpora-
tion, and concurrent jurisdiction witli justices oi the peace
of the county of Kankakee in all civil and criminal cases
Justice of the arising in said county. He shall be comnjissioned, by the

peace to be com- 'i-fii iiii -^i

missioned. govemor, as a justice oi the peace, and shall receive the
same fees and compensation for his services as other jus-
tices of the peace receive for similar services. Appeals
and writs oi certiorari may be prosecuted from his judg-
ments in the same manner as from the judgments of
!j«tj of town oth^r justices of the peace. It shall be the duty of the
oonstaMe. towu constablc to cxecute, anywhere in Kankakee coun-
ty, any writ which may be issued by the president against
any person or persons for the violation of any ordinance of
said corporation, and to arrest, on view, any and all per-
sons who may violate the same, and to take them before
the president of said town, and to collect any fine for for-
feiture and penalty which may be assessed or recovered
i'loviso. for the use of said town : Provided^ the president and trus-

tees shall not be required, in suits instituted under this act
or ordinances passed by virtue thereof, to file, before the
commencement of any such suit, any security for costs :
Provided further. And 'frovided, further^ that in case of the absence of the
town constable, or if, from any other cause, he shall not be
convenient to serve writs and process issuing from the
president of said town, it shall be competent for any other
constable in said town to serve any and all of said papers.
Board of election §11. The board of election for each ward shall be
composed of the two trustees elected therein. They shall
appoint one clerk at each election, who shall be sworn,
before entering upon the duties of said office, faithfully to
perform its duties and studiously to endeavor to prevent
frauds in conducting said election; and said trustees shall,
in like manner, be sworn as judges of said election. Such
election shall be by ballot, and shall be canvassed in the
same manner as at general elections, and the results cer-
tified by the judges and clerk; which certificate, together
with the poll list, shall be sealed up and returned to the
board of trustees, at its next regular meeting.
prustees to decide § ^^- '^^'^ board of trustecs shall 1 old a regular meet-
on elections. jjjg, to determine and decide on elections, on the next Mon-
day following any general or special election ; and they
shall also meet regularly, for the transaction of business,
on the third Monday in January, April, July and October
of each year, or oftener, ii the board shall deem it neces-
sary for the public good.
Levy and collect § 13. The board of trustces shall have power to levy
taxes. ^^-^ collect taxes for the general purposes of the corpora-

tion, annually, upon all real and personal property within
the corporation, in any sum they may deem expedient, but
never to exceed one per cent, upon the assessed value

215 1855.

thereof, and may enforce the payment of the same in any
manner, to be prescribed by ordinance, not repugnant to the
constitution of the United States oi of this state; to make General heaitfc.
regulations to secure the general health of the inhabicants;
to declare what shall be considered nuisances, and to or- Nuisance;-.
der the removal of any that may be found witliin the limits
of the corporation, and, at their option, to employ some
suitable person to remove the same or to enforce the re-
moval thereof upon the owner or owners thereof, by fine or
iiuprisonment or both; to restrain cattle, horses, sheep, hogs Restrain catii*.
or dogs from running at large; to erect and keep in repair
bridges; to license and regulate auctions, ferries, theatri- License aucik.B-
cal and other shows; to restrain and prohibit gambling hou- ears, f err»e?. &•
ses and other disorderly houses; to prevent the improper Fire-arms.
use of fire-arms within the limits of the corporation or any
part thereof; to establish and erect markets; to open and Markets.
keep in repair streets, avenues, lanes and alleys, drains and streets, lancE.fc*
sewers; to establish and regulate a fire department, and
provide (or the prevention and extinguishment of fires; to weiisandpunivs
dig wells and erect pumps for the convenience of the in-
habitants; to regulate the storage of gunpowder and other storage of gm.
combustible materials; to restrain and prohibit all descrip- pf^wder, &.€.
tions of gambling and fraudulent devices, and to suppress Gaming.
and prohibit billiard tables, ball alleys and all other gam-
bling establishments; to suppress and prohibit the selling, Tramc m ardent
bartering, exchanging and traffic of any wine, rum, gin, spirits.
brandy, whisky or other intoxicating liquors, uithin the
limits of said town : Provided^ tin y may allow bona fide Proviso™
druggists to sell the same, in good faith, for purely medi-
cinal, mechanical or sacramental purposes, and for no oth-
er purpose; and to pass all ordinances which may be ne-
cessary to carry into effect the provisions of this act im-
posing fines and forfeitures for the breach of any ordinance,
and providing for the correction thereof; to provide for the
imprisonment of offenders against the ordinances of the
town.

§ 14. Said board of trustees shall have power to pass siae-waiuj.
such ordinances, providing for the construction of side-
walks and cross-walks, as the interest of the town may,
from time to time, require; and also, for paving, grading
and lighting the streets of the town, which shall be doiic by
means of a special tax on the property directly benefitted
thereby, or by the owner or owners of the lots in front of
which such improvements are made. The said board of street lator.
trustees, for the purpose of improving the streets, alleys,
lanes and avenues of said town and for keeping the same
in repair, shall have power to require every male inhabi-
tant of said town, over twenty-one years of age, to labor
on said streets, lanes, alleys, avenues and highways three
days in each year; and every person failing or refusing to

1866. 216

perform such street labor, after being duly notified, as may
be provided by ordinance, shall forleit and p^y one doliar
and a half per day for each day so neglected and refused :

Pi-ttTiij. Provided^ however^ that any person liable to do such street

labor, as aforesaid, may commute the same by paying the
sum of one dollar for each day that he is so liable to work

Rxcuipt fiom upon said streets. The inhabitants of the townof Kanka-

rwd labor. j^gg Qj^y ^re hereby exempted from working on any road
beyond the limits of the town, and from paying any tax to
procure laborers to work on the same.

axtend, widen or § 15. If at any time the board of trustees shall ojjen,

aire, streets. extend, wideu, narrow or vacate any street, road or aile}'
within the town they shall cause a just compensation to be
made to the person or persons injured thereby, to be as-
certained by a jury of six disinterested men, to be sum-
moned by the town constable, giving the persons interest-
ed three days' notice thereof. Said jury shall be sworn to
decide impartially, and shall report their verdict to the
board of trustees, at their next meeting; and the damages
so awarded shall be paid to the individuals interested be-
fore any alteration in such streets or alleys shall be made :

fraviso. Provided, that if the owner or owners of said lots shall be

nonresidents of the town it shall be sufficient to give no-
tice, by advertising in some public newspaper published
in the town, at least ten days before the assessment of
damages, or if there be no such paper, then by posting no-

Fr»Ti.ied further, tices iu three public places in said town : Provided, fur-
thers that any person who may be dissatisfied with the ver-
dict of the jury sliall be allowed the right of appeal to the
circuit court, as in other cases, by filing a bond, to be ap-
proved by the president of the board of trustees.

Ouiiector to be § 16. That the collector of the towu shall be provided,

uTof'^uiTbie by the board of trustees, with a tax list, containing the
iuhabuants. names of all the taxable inhabitants of said town, together
with the description of the real estate upon which taxes ore
levied — the tax upon each lot to be separate and distinct;
and said collector shall call, at least once, upon every in-
dividual from whom taxes may be due, either at the resi-

prjTisd. dence of such tax payer or elsewhere : Provided, that if

such tax payer shall be a nonresident it shall be sufficient
to call upon his agent, if any he have in said town, or give
notice of such tax by publication in some public newspa-
per published in said town, as hereinafter provif^ed. If
any of the taxes in said tax list still remain unpaid, he shall
then advertise said lots in some public newspaper, for the
space of thirty days, stating in such advertisement the
amount due, together with cost of advertising, and that
unless the same shall be paid by a certain day, to be fixed
by ordinance, application will be made to the county court
of Kankakee county for judgment against said lots for the

217 1865.

amount of taxes and costs due thereon, and that the same
be sold for the payment thereof; and the sheriff of Kanka-
kee county shall, on Monday of the week next after such
court shall be held, proceed to offer said lots for sale to
any person who will pay said taxes and costs for the least
portion of each lot, respectively, and shall give He pur-
chaser certificates of purchase therefor, whicM ? jh.; enti-
tle the purchaser to a deed, as hereinafter pro\'i(led, at the
expiration of two years, in case the same shall not be re-
deemed by the payment of double the amount for which
such lots were sold, together with all costs. At the expi-
ration of two years from the date of such sale said sheriff
or his successor in office shall execute a deed to the pur-
chaser or purchasers, which shall vest in him or them all
the rights of property in said lot or lots, provided that no-
tice be first given to the owner or occupant of such lot or
lots, in accordance with the constitution and laws of this
state regulating the sale of lands for taxes.

§ 17. If the board of trustees of said town of Kanka- streets to be
kee City shall at any time determine, by ordinance, duly v^° ^ *"^ ^'^
passed and published, to have the side-walks of any street
or streets or or any part of the streets of said town paved
or planked, said board may, by ordinance, require the re-
spective owners of the lots or ground in front of which
pavements or plar k walks are to be made, to plank or pave
the same, in accordance with the ordinances of said board;
and if the side-walks in front of any lot or piece of ground
shall not be made when directed, as aforesaid, said board
of trustees may cause the side-walks in front of any such
lots or piece of ground to be made, and the cost thereof,
to be ascertained and determined by said board, shall be
a charge against such lot or piece of ground, and may be
collected by the sale of such lot or piece of ground in the
same manner that other taxes are collected; and after
the side-walks shall be made, as above provided, said
board may provide, by ordinance, that such side-walks
shall be kept in repair by a special tax upon the lots or
pieces of ground i;* front of which such side-walks are
made.

§ 18. Whenever it may be necessary, in the opinion of m case ot faiior?
said board, to fill up or grade any lot or piece of ground grade, pave, &c
M* the street in front thereof, on failure of the owner or
owners to fill up or grade the same, in accordance with the
directions of said board, it shall be lawful for said board of
trustees to cause the same to be done, and to ascertain, in
such manner as said board may provide, the cost thereof;
and the amount, so ascertained, shall be a lien against any
such lot or piece of ground, and if it shall not be paid it
^hall be collected by the sale of such lot or piece of ground,
ia the same manner in which other taxes are collected.

1855. 218

Nuisance. § 19- If the Condition of any lot or piece of ground in

said corporation or the condition or manner of keeping or
existence of any thing thereon erected shdJl by said board
or by the ordinances by them passed, be deemed to be a
nuisance, said board may, by either general or special or-
dinance, duly passed, cause the same to be abated, and im-
pose such penalties as they may see fit for the existence or
cm' 111 «■ ('«' of such nuisance; and when any such nuisance
shall exist within the bounds of said corporation the presi-
dent of said board may cause the owner or occupier of
any such lot or piece of ground to be summoned to a})pear
before him to show cause why such lot or piece of ground
should not be condemned to pay such penalty or penalties
as he may judge to have accrued against it; and such adju-
dication shall be conclusive upon all persons who may claim
any interest in such lot or piece of ground; and the penal-
ty so adjudged to be paid shall constitute a lien upon said
lot, and may be enforced and collected in the same man-
ner that other taxes are collected.
eierb to keep re- § 20. The president and trustees shall require their
^^^' clerk and it shall be his duty to make and keep a full and

faithful record of the proceedings, by-laws and ordinan-
ces, and of the time, place and manner of the publication
of such ordinances an^^ by-laws in a book, to be provided
for that purpose, and such book, purporting to be a record

of the corporation of the town of , shall be

received in all courts, without further proof, as evidence
ordiaaaces to be of all such matters therein contained; or if the same shall
powtgnsd. j^^ printed, by order of the board of trustees, in pamphlet or
other book form, the same shall be so received in evidence;
and all ordinances, before taking effect, shall be published at
least ten days in a newspaper published in said town or by
posting up copies of the same in three of the most public pla-
ces in said town. It shall be lawful, in all suits brouglit un-
der and by virtue of this act, or by virtue of any by-law or
ordinance made in pursuance of this act or of any act
Form of action, that may be passed amendatory to this act, to declare
generally in debt for such fines, penalties and forfeitures,
stating the clause of the act or the ordinance or by-law
under which the same are claimed, and to give the special
matter in evidence under the declaration; and the justice
shall proceed to hear and determine the cause as in other
cases. Upon the rendition of judgment for auy fine or
Issue execution, fines, penalties or forfeitures the justice shall issue his ex-
ecution for the same and costs of suit, which may be le-
vied upon any personal property of the defendant or de-
fendants not exempt from execution. If the constable
shall return upon such execution " no property found"
«apus. then the just'ce shall issue a capias against the body of the

defendant or defendants, and the cons; able shall arrest

219 1855.

such person or persons and commit him, her or them
to the jail of the county, there to remain forty-eight
hours; and if the judgment and costs exceed five dollars,
then to remain in close custody in said jail twenty- four
hours for every two dollars over and above the said five
dollars, and so in proportion to the amount of the said
judgment and costs : Provided, however, if the said presi- Proviit).
dent and trustees or their attorney shall require a trans-
cript of the judgment and costs to be certified to the clerk
of the circuit court of the proper county, to have the same
levied upon real property, and signify the same, in writing,
to him, he shall not issue a capias as aforesaid) but shall,
without delay, certify a transcript thereof and of all the
proceedings, according to law, to such clerk, which shall
be filed and recorded as in other cases, and such judg-
ment shall have the same force and effect as judgments
rendered in said circuit court. The first process in all such
suits shall be a summons, unless oath or affirmation be made
for a warrant by some creditable persons; but in all cases
of assaults, assault and batteries, affrays or riot a warrant
shall issue for the arrest of the offender in the same man-
ner as for like offences against the laws of this state. All Moneys paid inte

,, J 1 Yi • • /• ii • i. £. the town treasu-

moneys collected under the provisions ot this act as tines ury.
and penalties or otherwise shall be paid into the town
treasury, subject to the order of the board of trustees.

§ 21. The style of the ordinances of the town shall style of ordjaaBc**
be, "Be it ordained by the President and Trustees of the
Town of Kankakee City;" and for all purposes necessary
to carry into effect this law and for the purpose of holding
the first election, which shall be held on the second Tuesday
in April, A. D. 1855, the following named persons are here-
by appointed a board of trustees, to wit : for trustees in Board ot tmsteet
the first ward, Clark R. Strong and Hiram Whitmore; and
for trustees in the second ward, Cyrus B. Ingham and
Samuel L. Knight; for president, Chas. R Starr : Provi- Provise.
ded, that the president so appointed shall not be commis-
sioned as a justice of the peace, but shall be empowered
to act as president only so far as may be necessary to
conduct the first election and to canvass the returns.
Said president and trustees shall hold their offices until
their successors are duly elected and qualified.

§ 22. The territory within the boundaries of said cor- Boundaries of
poration shall continue to form a portion of the townships form a poraom
cf Bourbonnais and Limestone, as organized under the ghip"'*"*'"^"
township organization law, or if it should form a part of a
new township, set off by the board of supervisors of the
county, then it shall continue to form a portion of said
new township, and town meetings shall be held and town-
ship officers elected for said township in the same manner
as if this act had not been passed; but the commissioners

1855. 220

of highways shall have no power to interfere, in any
manner, with the streets or roads within the boundaries of
said corporation, nor to levy any tax for road purposes,
nor siiali they exercise any authority therein.
Ptibiicact. § 23. This act is hereby declared to be a public act,

and shall be in force from and after its passage, and shall
be favorably construed in all courts for the objects and
purposes therein contemplated.
Approved Feb. 15, 1855.

In foroe Feb. 15, AN ACT fo estab'ish free schools in the city of O'tavi a, ancl to amend an
1866. act entitl- d "An act to charter the city of Ottawa."

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

Illinois^ I'epresenttd in. the Geiiei^al Jissembly, Tiiat all

Bouadaries of that part of towushio thirtv-three north, of range three east

sctoool district £.i.i ..1 • J • • 1 -J- I • 1 ■ 1 • I U

defined. 01 the third prmcipal meridian, winch now is or which here-

after may be situated within the corporate limits of the city
of Ottawa, is hereby constituted a school district of said
township, to be known as "Tiie Ottawa School District."

BiTisionofsciiooi § 2. The whole school fund of said township, whether
"'°''*' consisting of estate real, personal or mixed, shall be divi-

ded between the said cit) of Ottawa and the portion of said
township outside of the limits of said city, as follows, viz :
within three months next after the psssage of this act,

sohooi trustees the trustees of schools ot said township, after having been
itioo. ™ "first duly Svvorn well and truly to perfoini their duties,
shall proceed to ascertain the wliole number of white per-
rons, under the age of twenty-one years, residing within
the limits of said city, and also the whole number of such
persons residing in the portion of said township outside of
said city limits; and thereupon the said trustees shall di-

Appoftionmentof vide and apportion the aforesaid school fund between said
fHsds to schools, ^j^y ^^^ g^j^ other portion of said township, in proportion
as the number of said white persons, under twenty-one
years of age, residing within said city, is to the number of
similar persons in said other portion of said township; and
in making said division and appointment said trustees shall,

Real estate. if practicable, set off to the said city the real estate situa-
ted within its limits, and to said oilier portion of said town-
ship the real estate therein located; and after said division
shall have been so made the said trustees shall, as soon as

Trustees to exe- the board of education hereinafter named shall have been

swedeeds. organised, execute the necessary deeds, assignments and

other writings to convey, assign and transfer to said board

221 1856.

of education the portion of said school fund so set off to
said city; and said trustees shall deliver said property and
the evidences of title thereto to the treasurer of said board
of education and take duplicate receipts therefor, one of
which they shall retain, and the other shall be filed with
the clerk of the board of education hereinafter named.

§ 3. It shall be the duty of the city council to cause an Election to be
election by all the voters of said city, qualified to vote for
mayor, to be held at the court house in said city on the
first Tuesday of March next, and biennially thereafter, for
the purpose of electing one resident of each of the three
wards of said city to be the directors ol the board of edu-
cation hereinafter mentioned; said election to be held and
conducted and returns thereof made in all respects as is
now provided in the charter in relation to the election of
mayor; and the mayor shall give ten days' notice of the Notice of eiectiun
tune and place of said e ection by publishing a notice
thereof in one or more of the city newspapers. In case of
a tie at said election the same shall be decided by lot by
the judges of election on the day of election. The elect- Judges of eiectioa
ors, when assembled, shall select three persons to act as ° ^^^'^ecp •
judges of election; and after the board of education shall
have been organised they shall appoint three judges of
election. The judges of election shall appoint two clerks
of election at each election. The judges and clerks of
election, before entering upon the duties of their office,
shall be sworn well and truly to perform their duties as
judges and clerks of said election. Judges and clerks of Judges andcieik*
election shall be paid, out of the city treasury, the same '^ ^"^^ '
amount and in the same manner as the other judges and
clerks of election now are under the said charter. Said Directors.
directors, when elected, shall hold their office for the term Termofofiiee.
of two years and until their successors shall be elected and
qualified. They shall, when elected, severally take an
oath faithfully to discharge the duties of their office accord-
ing to the best of their judgment and ability, and also the
oath required by the constitution of this state.

§ 4. The said directors, when so elected, and their Directors to be
successors in office, shall be a body corporate and politic, andViHi^^"'^* '^
by the name and style of "The Board of Education of the
City of Ottawa," and may have a common seal, and change
the same at pleasure; and as such may contract and be
contracted with, sue and be sued, plead and be implead-
ed in and before any tribunal having jurisdiction. Any di-
rector having received five days' notice that such vote "
will be taken may be removed from office for improper May be removed
conduct by the concurring vote of all the other members of *^°^ °*'^"'
the board. In case of a vacancy created by such re- vacancies, how
moval or otherwise the same shall be filled by an election,
to be called by the mayor of the city, by given ten days'

1856. 222

notice of the time and place thereof by publication in one
or more of the city newspapers. Vacancies may be crea-
ted as aibresaid, and also by resignation, removal from the
city or refusal to perform the duties of the office, and the
mayor shall have power to determine when a vacancy shall
have occurred.
Levy ividitioDai R 5. The city council are hereby required to levy, in
school tax. addition to the amount levied for other purposes, a tax of
ten mills on the dollar, annually, for school purposes, for
the term of three years, commencing with tlie year A. D.
1855; and they are authorised and required to levy annu-
ally thereafter, for school purposes, such a sum, not less
than three nor exceeding six mills on the dollar, on the
value of all taxable property in said city, as the said board
of education shall decide to be necessary and proper, as
hereinafter mentioned. The expenses of levying and col-
lecting said tax, not collected as cost, shall be paid out of
the city treasury. Said lax for school purposes shall be
assessed and collected at the same time, in the same man-
ner and by the same officers as the other city taxes shall
Ooiieotor. be, and when collected the city collector shall pay the

same to the treasurer of the board of education and take
duplicate receipts therefor, one of which he shall keep, and
the other shall be filed with the clerk of the board of edu-
cation. It shall be the duty of the city collector, before
selector to exe- entering upon the duties of his office, to execute to Said
ontebond. ^jQgrd of education a boud, in the penal sum of not less than
double the amount of the tax to be collected for school
purposes, conditioned well and truly to account for and
pay over to said board such sums of money as may be col-
lected by him for school purposes.
Boar.i of educa- § 6. It shall be the duty of the board of education to
''°arter° ^ei*^ ^old regular quarterly sessions on the first Tuesdays of
ftions. April, July and October and January in each year, and

they may meet, by adjournment, at such other times and
places in said city as they may think proper; and the pres-
ident of the board or any two members thereof may call a
special meeting of the board, by giving five days' notice of
the time and place thereof by publication in one ot the city
newspapers or by^personal service of a similar notice, in
writing, upon all the other members of the board; and at
all meetings of the board a majority of the members there-
Qijoriira. of shall coustitutc a quorum to transact business, and which

business may be transacted by a majority of the members
present. Said board shall organise by appointing one of
tj appoint presi- their number president of the board. Said board shall al-
,ieut, &c. ^^ appoint a clerk and treasurer, neither of whom shall be
members thereof, and said treasurer shall execute to said
Treasurer to ese- board such official bond, with such conditions and with
^tebond. gyg^ security as the said board of education shall require.

223

1855.

Said president, clerk and treasurer shall hold their respect-
ive offices until the expiration of the term of office -of the di- Term of office.
rectors by wfsoin they were appointed, and the latter two un-
til their successors shall be appointed and qualified. T^aid
clerk and treasurer may, however, be removed from their ^re/maybe^eme-
said offices at any time by the said board. It shall be the ven.
duty of the president, when present, to preside at all meet-
ings of the board; and it shall be the duty of the clerk to be
present at sail meetings, and to record, in a book to be cierktobepres-
provided lor that purpose, all the oihcial proceedings or
said board, which record shall be public and open to the
inspection of any person interested; and all said proceed-
ings, when recorded, shall be signed by the president and
cterk, and a copy thereof, certified by the clerk, shall be
prima facie evidence of such proceedings in courts and
other places. If the president or clerk shall be absent the
board may appoint a president and clerk pro tern. The
duties of the treasurer shall be such as shall be prescribed
by said board.

§ 7. It shall be the duty of said board of education to Abstract of th*
cause an abstract of the whole number of white persons, pr^onJn^Jder*!
under twenty-one years of age, in said Ottawa school dis- l;"'''''in^rshed
trict, to be furnished to the school commissioner or other to school com-
proper o.ricer on or before the first day of November next
and on or before the first day of November, biennially
thereafter; and the school commissioner or other officer
as aforesaid shall, annually, pay to the treasurer of said commissioBer u
board of education the proportion of the school, seminary funds.
and college fund to which said Ottawa school district
would be entitled, according to the number of white per-
sons aforesaid under the age of twenty-one years, and
shall take duplicate receipts of said treasurer therefor,
one of which he shall retain and the other shall be filed
with the clerk of said board of education.

§ 8. The said board of education shall transact all the ^"^^'^ of educa-

bi • I I . 1 , • J II. 'ion to transftet

usiness whicn may be necessary in relation to schools in

said city.

First. Said board shall establish a sufficient number of
common schools for the education of every person resi-
ding in said city, over the age of five years and under the
age of twenty-one, and shall make the necessary provi-
sions for continuing said schools in operation,

Second. Said board shall cause suitable lots of ground to erect »uitabi«
to be procured, and suitable buildings to be erected, pur-
chased or rented for school houses, and shall supply the
same with furniture and fuel, and may cause said build-
ings and other property to be insured, and shall make all
other provisions relative to schools which they may deem
proper.

all bHsincss

relation

schools.

biiUdlngs.

1855. 224

of school fuud.

General supervi- Third. Said boafd shall exercise genera! supervision
over the common schools of said city, and stiall, by one
or more of their number, visit each one of said common
schools at least once a month, and shall cause the result of
said visit to be entered on the records of the board.

Appoint teachers Fouvtli. Said board shall have the power to appoint
all the teachers of said common schools, to fix the amount
of the salary or compensation of said teachers, and may
dismiss them, at any time, for incompetency, cruelty, neg-
ligence or immorality; and said board shall direct vviiat
branches of learning shall be taught in each school, and
may suspend or expel from the school all the pupils
found guilty, on a full examination and hearing, of refrac-
tory or incorrigibly bad conduct.

KbtabHsh schools Fifth. Said board shall have power to establish schools
of ditferent grades, to assign such number of scholars to
such sclnols as they may think best, and to control and
regulate the admission of scholars to schools of the higher
and different grades.

Bxduaive control Sixth- Said board shall have the entire and exclusive
control of the whole school fund of said city, whether con-
sisting of the portion of the school, college, seminary or
townsliip fund belonging and to belong to said city, as
aforesaid, or derived from taxation, as aforesaid, or other-
wise, to be used and applied by them for the purposes as
aforesaid; and no money shall be paid out of the treasury of
said board except upon the order of said board therefor.
for Seventh. After the expiration of s: id three years said
board of education shall, on or before the first Tuesday of
April in each year, cause to be thereafter raised by taxa-
tion, for school purposes, a sufficient sum, not less than
three nor exceeding six mills on the dollar, and shall fix
upon and determine what shall be the rate per cent, of
taxation for each year, for school purposes, and shall
make an order therefor and enter the same on the records
of the board; and said board shall immedia'ely furnish the
city council with a copy thereof, certified by their clerk;
which being done said city council shall cause said amount
to be assessed and collected for school purposess in ac-
cordance with said order, and said amount, when so col-
lected, shall be paid by the collector to the said treasurer
of the board of education and duplicate receipts taken
therefor, as aforesaid.

Publish a statp- § 9. Said board of education shall at the end of each
tion"of°Vb°o"'i'' year of their term of office cause to be prepared and pub-
lished, in one or more of the newspapers of the city, a
statement, exhibiting the condition of schools for the pre-
ceding >ear; which statement shall be substantially as
follows, viz : 1st. The whole number of schools whick
have been taught in said year; what number have be«tt

school yurposes.

226 1855.

taught by males exclusively ; what part have been taught
by females exclusively; what part by males and females,
at the same time; and what part by males and females, at
different periods. 2d. The whole number of scholars in
attendance at all the schools, giving the number of males
and females at each school separately, and t'le average
number in attendence, giving males and females separate-
ly; and to enable them to do this they shall require sched-
ules to be kept by all the teachers. 3d. The aggregate
number of male and female teachers, giving each sepa-
rately, the highest, lowest and average monthly compen-
sation paid to male and female teachers. 4th. The amount
received from the school commissioner or other officer, and
from taxes, and the amount of all other funds received in-
to the treasury of the board during said year. 5th. The
amount and kind of unexpended funds on hand at the end
of said year. 6th. The amount paid for teachers' wages,
for school house lots, for building, repairing, renting, pur-
chasing and furnishing school houses, for school apparatus;
amount paid as compensation to officers, and for other
services, and in every case stating to whom paid. 8th.
A statement of the total amount received and paid for
school purposes.

§ 10. Said board of education may receive any gift, May ivc-iv? gift,
grant, donation, devise, bequest or legacy made for the *<>"»"«»> ^'c-
use of any school or schools or library or other school pur-
pose within their jurisdiction; and they shall be and are
hereby invested, in their corporate capacity, with the ti-
tle, care and custody of nW school houses, school sites,
school libraries, apparatus and other property belonging or
appertaining to the common schools aforesaid or which
may be within their jurisdiction, with full power to control
the same in such manner as they may think will promote
the interests of the schools and the caufe of education;
and when, in their opinion, any school house or school
house site has become unnecessary or inconvenient or un-
suitable fy)T a school said board may sell and convey the
same in the name of said board; and such conveyance, as
well as all other conveyances, contracts and assignments of
the board, shall be executed by the president and clerk
of the board, in the name of the board of education of the
city of Ottawa; and the avails of all sales and assignments
shall be paid to the treasurer of the board, for the benefit
of schools; and all conveyances of real and personal es-
tate and assignments of choses in action which may be
made to said board shall be made to said board in its cor-
porate name; and said board may purchase and hold such
real estate and personal property as may be necessary for
the establishment and support of schools, and such real
estate as may be purchased under any sale upon execu-
29

1855. 226

tion or decree in favor ol said board or in satisfaction of
any debt due the said board, and at any time thereafter
may sell and convey the same.

Powwt, borrow ^ n. For the purposc of e fBcting scHool houses, piifcha-

"""'*' sing school house sites or for repairing and improving the

same it shall be lawful for the board of education of said city

to borrow money, at a rate of interest not exceeding ten per

»»t9 of interest cent, per annum, and issue bonds therefor, in sums not less
than one hundred dollars, which bonds shall be executed by
the president and clerk of said board, in the name of the
board: Provided^ that the total indebtedness incurred by the
said board of education shall not, at anytime, exceed one-
half of one per centum of the assessed value of the real and
personal property of said city; and for the payment of said
bonds the proceeds of the tax to be levied and collected,
as aforesaid, for school purposes for the year next ensuing
the issuing of said bonds, is hereby specifically pledged; and
said tax shall be applied to the payment of said bond.s
in preference to any other debts. The compensation of
the clerk of the board of education shall be such as may
be allowed by the board of education, not exceeding one
hundred and fifty dollars per annum; and there shall be no
compensation allowed to said president and directors or
treasurer of said board.

By-i&wg, rules § 12. Said board of education may make such bv-

anrt regulations. ,-' , , ,.. iii.i

laws, rules and regulations as may be absolutely necessa-
ry to the exercise of the foregoing power.
Manner of con- K 13. The manner of contesting the election of any of

testing elections .^it . uiiu u -jjr

said directors shall be, as near as may be, as provided lor
in other cases in section 42 and the following section on
the subject, of chapter 37, of the Revised Statutes of
1845.
i-urct)cftie<i. ^ 14 All prior acts and parts of acts inconsistent with

the provisions of this act are hereby repealed.

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

Approved Feb. 14, 1855.

lo firoePeb, 16, AN ACT to amend an act entitled "An act to incorporate the town <rf
1866. Carliiiville," approved Feb. 9, 1853.

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

Illinois^ represented in the General Assembly^ That at the

»iec«Dn of pouw annual election in said town, on the first Monday in the

n««MtntM. month of April next, there shall be elected, in addition to

the officers whose election is provided for by the act to

227 1856.

which this is an amendment, one police magistrate, to be
elected and qualified as provided by an act entitled " An
act for the better government of towns and cities, and to
amend the charters thereof," approved Feb. 27,1854, and
all the provisions of said act and hereby declared applicable
to the officer provided for by this act.

§ 2. In addition to the powers conferred upon the ^''f *°°^|,fe''r"red
president and board of trustees of said town by the act to "ponthe preei-
which this is an amendment they shall nave power to sup- tce^.
press all riots, routs, affrays, assaults, essaults and batte-
ries, drunkenness, quarreling, open and notorious lewd-
ness or other public indecency; and no prosecution or
conviction for any offence under the laws of this state shall
be a bar to prosecutions for fines, penalties or forfeitures
for the breach of any ordinance of said town.

8 3. The president and board of trustees are hereby ^pp»'"J town

or , .' constable.

authorised and empowered to appoint the town constable
of said town; and so much of the act to which this is an
amendment as provide for an election of town constable
by the legal voters of said town is hereby repealed.

§ 4. Said town may prosecute appeals from the police Prosecute a?-
magistrate in the manner prescribed by the twenty-first
section of the act to which this is an amendment.

§ 5. The president and board of trustees shall have Purvey 'o^f^th*
power, at any regular meeting of the board, to employ a town of car)hi-
competent surveyor to resurvey the town of Carlinville
and as many of the additions thereto as the public interest
may seem to require, and shall cause substantial corner
stones to be planted at one corner of each block in said
town and additions; but said surveyor shall not have pow-
er to alter size of lots or blocks or alter width of streets
and alleys; and said surveyor shall make a plat of his sur-
vey, and cause the same to be recorded in the circuit
clerk's office; and the president and board of trustees shall
lay a tax upon the lots in said town and additions for de-
fraying the expenses of said survey and record.

§ 6. So much of the act to which this is an amend- Aetsrepeaieii.
ment as is inconsistent with this act is hereby repealed.

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

Approved Feb. 15, 1856.

1865. 228

iBfoixeFeb. 15, AN ACT to incorporate the Marion and Jefferson County Railroad Com-
^S^' pany.

Section 1. Be it enacted by the ptople of the state of
Illinois^ represeiUed in the General Jlssemhly^ That all
oorponitiou. such persoii? as shall become stockholders, agreeable to the
provisions oi tii's act, in the corperaticn hereby created
shall have perpetual existence, by the name and style of
style. " The Marion and Jefferson County Railroad Company,"

and by that name may sue and be sued, complain and be
complained of, defend and be defended in any court of
ceoerai p»wers. j^^- pr equity; may make and use a common seal, and al-
ter the same at pleasure; may make by-laws, rules and
regulations for the managemei^t of property, the regula-
tion of its officers and for the transfer of its stock, not in-
consistent with the existing laws and the constitution of
this state and the United States, and may appoint such
subordinate agents, officers and servants as the business
of said company may require, prescribe the duties and re-
quire bo'id for the faithi'ul pertormance of their several
duties.

§ 2. That Uriah Mills, C. W. Webster, T. F. Hunt,
John Cunningliam and John W. Merritt, of the county of
oommiMionerg. Marion, Z. Casey, H. T. Pact', Jofin N. Johnson and Sam-
uel W. Carpenter, of the county of Jefferson, and state
of Illinois, be and they are hereby appointed commission-
ers for t' e purpose of procuring subscription to the capi-
tal stock oi said company, whose duty it shall be to open
books for subscription to the capital stock ol said compa-
ny, giving notice of the time an i place when and where
said books shall be opened, at least thirty days previous
thereto, by publication in some newspaper published nearest
to where said books are to be opened. The said commission-
ers, or a majority of them, shall attend at the place appointed
for the opening of said books, either by themselves, in pro-
per person, or by their agent, duly authorised, and shall con-
tinue to receive subscription, either personally or by their
said agents, until the sun of five thousand collars shall be
subscribed : Provided., no subscription shall be received
unless five per cent, on the amount subscribed shall be
paid them at the time such subscription is made; and as
soon as said sum of five thousand dollars shall be sub-
Notioe. scribed the said commissioners shall give twenty days' no-

tice, by publication in such newspapers published along 'he
line of said road as they may deem proper, of an election,
by said stockholders, of a board of directors as hereinafter
provided for the management of the business of said com-
pany. At such time and place appointed for that pur?)ose,
the commissioners appointed for that purpose, or a ma-
jority of them, shall attend and act as inspectors of said

229 1855.

election; and the stockholders shall proceed to elect five Direotow.
directors, by balKjt; and the commissioners pre-rent shall
certify the result of such election, under their hands,
which said certificate shall bs recorded in the record book
of said company, and shall be sufficient evidence of the
election therein named. The directors thus elected shall
hold their office for one year and until their successors
are elected and qualified

§ 3. The capital stock of said company shall be two capitai.toch.
hundred thousand dollars, which shall be divided into
shares of fifty dollars each, and the said capital stock may
be increased by the directors of said company to any
sum, not exceeding three hundred thousand dollars, if ne-
cessary to complete the work herein authorised; and the
same shall be subscribed for and taken under the direc-
tion of the board of directors of said company, in such
manner as said directors shall from time to time direct.
The stock of said company shall be deemed at d consid-
ered personal property.

§ 4. The affairs of the company shall be managed by Board of dtr««-
a board of five directors, to be chosen annually, by the
stockholders, from among themselves. At all elections
for directors each stockholder shall be entitled to one
vote for each share of stock held by him or her, and may
vote either personally or by proxy, duly authorised, and
a plurality of votes given at any election shall determine
the choice, but no stockholder shall be allowed to vote at
any election after the first lor any share or stock which
shall have been assigned to him within thirty days previous
to said election. In case of any vacancy occurring in
said board of directors between the times of lolding reg-
ular elections the same may be filled by the board at any
meeting of the said directors, and the persons so appoint-
ed to fill such vacancy shall hold their offices until the next
regular election for directors. In case of the absence of
the president of the board of directors the directors shall
have power to elect a president pro tempore, who sha.'l President an^
exercise, for the time being, all the legal powers of the
president of said company.

§ 5. The directors are hereby authorised and empow- Payment of stock
ered to make calls upon the stockholders at such time and
in such time and in such sums as they shall deem fit, giv-
ing at least thirty days' notice of each of said calls in a
public newspaper published on the line of said road; and
in case of failure on the part of any stockholder to make
payment of any call made by said directors for at least
forty days after the same shall have become due the said
board of directors are hereby autliorised to declare said
stock so ia arrears and all sums paid thereon forfeited to
said company.

1856 230

*"'j«cts. ^ 6, The said company are hereby authorised and em-

powered to locate, construct and complete, and to main-
tain and operate a railroad, with a single or double track,
and with such appendages as may be deemed necessary
by the directors for the convenient use of the same, from
a point on the Chicago Branch of the Illinois Central Rail-
road north or a little west of north of the town of Salem,
in the county of Marion, and state of Illinois, to the town
aforesaid, and with the privilege of extending said road
to the town of Mount Vernon, in Jefferson county, and
are hereby authorised to survey and determine the line
of said road upon such route between said points as the
said company shall deem most eligible; and the said com-
pany are further authorised to use and operate said rail-
road, and shall have power and authority to regulate the
time and manner in which goods, effects and persons shall
be transported on the same, and to prescribe the manner
Hate of toll, «c. in which said railroad shall be used and the rate of tolls
for transportation of persons and property thereon and for
the storage of merchandize or otiier property under their
charge, and shall have power to provide all necessary
sto3k and materials for the operation of said road, and
shall have power to erect and maint'iin all necessary de-
pots, stations, shops and other buildings and machinery for
the accommodation, management and operation of said
railroad.
"and'"°obtlunin^ § '^ ' That Said Company are hereby authorised, by
right of way. " their engineers and agents, to enter upon any lands for
the purpose of making the necessary surveys and examin-
ations of said road, and to enter upon and take and hold
all lands necessary for the construction of said railroad
and its appendages, first making just and reasonable com-
pensation to owner or owners of said land for any dam-
age w!tieh may arise to them from the building of said
road; and in case the said company shall not be able to ob-
tain the title of the lands through which the said road
shall be laid by purchase or voluntary cession the said
company are hereby authorised to proceed to ascertain or
determine the damages sustained by such owner or owners
in the manner and upon the principle provided by the
ninety-second chapter of the Revised Statutes of this state
entitled " right of way :" Provided, that after the assess-
ment of damages, as provided in said statute, and upon
depository of the amount of such assessment in the coun-
ty treasury of the county where such lands be, the said
company are hereby authorised to enter upon such lands
for the construction of said road.
rawer td borrow ^ 8. The Said compauy are authoriscd and empowered
money. ^.^ borrow, from time .0 time, such sum or sums of money,

not exceeding the capital stock of the company, as in their

water uourees.

231 1855.

discretion may be deemed necessary to aid in the con-
struction of said work, and to pay any rate of in^^erest
therefor, not exceeding ten per cent., and to pledge and
mortgage the said road and its appendages or any part
thereof or any property or effects, rights, credits or fran-
chises of the said company as security for any loan of
money and interest thereon, and to dispose of the bonus
issued for such loan at such rate and on such terms as the
board of directors may determine; and the said counties
of Marion and Jefferson or either of them are hereby au-
thorised to take stock in said railroad, and may, for this
purpose, by a vote of the people, at an election to be or-
dered by the county i ourts of the respective counties or
either of them, determine the amount of stock so to be taken;
and said counties are hereby authorised to pay their sub-
scription in lands, bonds or money, as shall be agreed up-
on by the said county or either of them and said com-
pany.

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

1.1.1 1 • 1 1 1 • I I water u

lie highways, bridges and water courses which may be
injured in constructing the said railroad or its appendages,
and shall restore them, as far as practicable, to as good
condition as they were originally.

§ 10. It shall be lawful for said company to unite with ^^^^'^i'jj*""'*'*
any other railroad company which may have been oi- which
may hereafter be chartered by any law of this state com-
ing to the route of and on a line with the road hereby au-
thorised to be constructed, upon such conditions and under
such regulations as may be agreed upon by the said com-
panies.

§ 11. Any person who shall willfully injure or obstruct Penalties.

the said road or any of the appendages thereto shall be
deemed guilty of a misdemeanor, and shall forfeit to the
use of said company a sum threefold the amount of dam-
ages occasioned by sue!) injury or obstruction, to be re-
covered, by an action of debt, in the name of said compa-
ny, with costs of suit, before any court having competent
jurisdiction.

§ 12. This act shall be deemed and taken as a public Pubiuaet.
act, and shall receive a liberal construction in all courts
and places, and shall be in force from and after its pas-
sage : Provided^ that the rights herein granted shall be
forfeited unless said road shall be commenced within two
years and the sum of two thousand dollars expended,
bona fide.

Approved Feb. 15, 1855.

1865.

232

la Mce I'rtb. 15,
1866.

B#(lf corporate
and potitic.

afn'jia) powers.

fit.jr council.

men.

^nalincatioti . of

•fllce declared
T«c«nt.

QuaUflcatlon and
raturna of elec-
Mou.

(yi inMU.

AN ACT to incorporste the ci'y cf Matsliall.

Section 1. Be it enacted hy the 'people uf the state oj
Illinois, represented in the General Assembly, Tiiat the
inhabitants of the town of Marshall, in the county of Clark,
and state of Illinois, be and they are hereby constituted a
body politic and corporate, by the name and stjle of "The
City of Marshall," 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. All that district of country embraced within the
following limits, to wit : One mile from the centre of the
public square and including all the present additions and
subdivisions to said additions to said town, in each direc-
tion, or two miles square, [shall constitute the city of
Marshall.!

§ 3. Whenever any tract of land adjoining the city ol
Marshall shall be laid off into town lots and duly recorded,
as required by law, the same shall be annexed to and form
a part of the city of Marshall.

§ 4. The inhabitants of sa d city, by the name and style
aforesaid, shall have power to sue and be sued, to plead
and be impleaded, to defend ami be defended in all courts
of law and equity, in all actions whatever ; to pur-
chase, receive and hold property, both rt-al and personal,
beyond the city, for burial grounds and for other public
purposes, for the use of the inh ibitants of said city; to sell,
lease and convey or dispose of property, real and person-
al, for the benefit of the city, and to improve and protect
such property, and to do all things in relation thereto as
natural persons.

§ 5. There shall be a city council, to consist of a may-
or and board of aldermen.

§ 6. The board of aldermen shall consist of two mem-
bers from each ward, to be chosen by the qualified voters,
for the term of one year.

§ 7. No person shall be an alderman unless, at the time
of his election, he shall have resided six months within the
limits of the city, and shall be, at the time of his election,
at least twenty-one years of age, a citizen of the United
States, and also a resident of the ward in which he is
elected.

§ 8. If any alderman shall, after his election, remove
from the ward in which he is elected his office shall be de-
clared vacant.

§ 9. The city council shall judge of the qualifications,
elections and returns of their own members, and shall de-
termine all contested elections in relation to the same.

§ 10. A majority of the city council shall constitute a
quorum to do business, but a smaller number may adjourn

233 1855.

from day to day, and compel the attendance of absent mem-
bers under such penalties as may be prescribed by the or-
dinances of said city.

§ 11. The city council shall have power to determine Rule of i>Boo»od-
the rule of its proceedings, punish its members for disor- "^'
derly conduct, and, with the concurrence of two-thirds of
the members elected, expel a member.

§ 12 The city council shall keep a journal of its pro- Keep a joorn»i.
ceedings, and from time to time publish the same; and the
yeas and nays, when demanded by any member present,
shall be entered upon the journals.

§ 13. No alderman shall be appointed to any oflSce un- Aideimennoteii-
der the authority of the city which shall have been created lmtx»° ^^
or the emoluments of which shall have been increased du-
ring the time for which he shall have been elected.

§ 14. All vacancies that shall occur. in the board of al- vacancios.
dermen shall be filled by election.

§ 15. The mayor and each alderman, before entering Tate and »nb-
upon the duties of their respective offices, sliall take and
subscribe an oath that they will support the constitution of
the United States and of this state, and that they will well
and truly perform the duties of their office to the best of
their skill and ability.

§ 16. Whenever there shall be a tie in the election of ^"^ case of a *»«.
aldermen the judges of election shall certify the same to
the mayor, who shall determine the same, by lot, in such
manner as shall be provided by ordinance.

§ 17. There shall be twelve stated meetings of the city stated meeungg.
council in each year, at such times and places as shall be
prescribed by ordinance.

§ 18. The chief executive officer of the city shall be a Mayor eieet«d tot-
mayor, who shall be elected by the qualified voters of the
city, and shall hold his office for one year anil until his suc-
cessor shall be elected and qualified.

§ 19. No person shall be eligible to the office of mayor Quaiiflcatton ef
who shall not have been a resident of the city for one year
next preceding his election, and who shall be under twen-
ty-five years of age, or who shall not, at the time of his
election, be a citizen of the United States.

§ 20. If any mayor, during the time for which he may omce vacated in
have been elected, remove from the city his office shall be •^'""^''"•«™»~'-
considered vacated.

8 21. When two or more persons shall have an equal lucase ot ^ a»

1 c J. c ,1 • 1 r ^ A- 111 for mayor.

number ot votes tor mayor the judges of election shall cer-
tify the same to the city council, who shall proceed to de-
termine the same, by lot, in such manner as may be pro-
vided by ordinance.

§ 22. Whenever an election of mayor shall be contest- contesie-^. ei€«-
ed the city council shall determine the same, as may be *"'°"
prescribed by ordinance.

1855. 234

iBciseof vacan- ^ 23. Whenever any vacancy shall happen in the office
«yo mayor. of mayor it shall be filled by election, the secretary giving
at least twenty days' notice of the time and place of hold-
ing such election.
Biectionformay- § 24. On the first Monday of May, A. D. 1855, an elec-
wan ermea ^.^^ shall be held in said citv for one mayor for the city and
four aldermen; and forever thereafter, on the first Monday
of May of each year, there shall be an election held for a
mayor of the city and two aldermen for each ward. The
election for mayor and aldermen shall be held, conducted
and returns thereof made as is now provided by law for
the election of justices of the peace.
^I^'^ '°""'' § 25. The city council shall have power and authority
to levy and collect taxes upon all property, real and per-
sonal, within the limits of the city, not exceeding one half
per cent, per annum on the assessed value thereof, and may
enforce the payment of the same in any manner, to be pre-
scribed by ordinance, not repugnant to the constitution and
law? of the United States nor of this state.
^^^!'^^^°^' § 26. The city council shall have power to appoint a
clerk and treasurer, assessor, marshal, supervisor of streets
and highways and all such other officers as maybe neces-
sary.
acquire officers X £7. The citv council shall have power to require of

to enter into V .•',. n i ■ i ij

boaCA. all officers appointed m pursuance or this charter bonds,

with penalty and security, conditioned for the faithful per-
formance of their respective duties as may be deemed ex-
pedient, and also to require all officers appointed as afore-
said to take an oath for the faithful performance of tlie du-
ties of their respective offices before entering upon the
discharge of the same ; to establish, regulate and support
common schools; to borrow money on the credit of the city:

Proviso. Provided, that no sum or sums of money shall be borrow-

ed at a greater rate of interest than seven per cent, per
annum, nor shall the interest, in the aggregate, on all the
sums borrowed and outstanding ever exceed one-half of
the city revenue arising from taxes assessed on real proper-
ty within the limits of the corporation.

■rpeoaasofdty. ^ 28. To appropriate money and provide for the pay-
ment of the debts and expenses of the city.

oomtagioTiB dis- § 29. To make regulations to prevent the iutrodu ctioH

°°°°° of contagious diseases into the city; to make quarantine

laws for that purpose, and enforce the same within five
miles of the city.

Hospitals. § 30. To establish hospitals and make regulations for

the government of the -ame.

aenerM health. § 31. To make regulations to insure the general healtk
of the inhabitants; to declare what shall be a nuisance, and
to prevent and remove the same.

•tksei.

•235 1865.

S 32. To open, alter, abolish, widen, extend, establish, Pave and keep i»

*' , ti • • 1 1 • • . i repair strceis,

grade, pave or otherwise improve and keep m repair streets, &c.
avenues, lanes and alleys.

§ 33. To divide the city into wards, alter the bounda- °^;'/j'g/'^"' '"**
ries thereof, and erect additional wards, as occasion may
require.

§ 34. To provide for lighting the streets and erecting Lighting; street*.
lamp posts.

§ 35. To establish, regulate and support night watch- Nigw watches.
es.

§ 36. To erect market houses, to establish markets and ^"^'\ '''"*•'••
market places, and provide for the government and regu-
lation thereof.

§ 37. To provide for the erection of all needful build- Puwicbuimsngj.
ings for the city.

§ 3S. To provide for enclosing, improving and regula- ^"''"<= grounds.
ting all public grounds belonging to the city.

§ 39. To license, tax and regulate auctioneers, ordi- ^"ctioneers, &o.
naries, hawkers, pedlers and brokers.

§ 40. To license, tax and regulate hackney carriages, Hackney coacii©*
wagons, carts and drays, and fix the rates to be charged
for the carriage of persons, and for the wagonage, cartage
and drayage of property.

5 41. To license, tax theatrical and other exhibitions, Theatrical »n<

5 ^ J ' .^1 . xi •. 1- -i^ Other ex'bltlOM.

allows and amusements within the city limits.

§ 42. To restrain, prohibit and suppress tippling hou- Tippling ho™ei.
ses and other disorderly houses.

§ 43. To provide for the prevention and extinguish- ^^^T^'^esub^ih
ment of fires, and to organise and establish fire companies, fire companiee.

§ 44. To provide for taking enumeration of the inhab- Taking censw.
itants of the city.

§ 46. To regulate the election of city officers, and pro- Election of eitr
vide for reraovin;.; from office any person holding an office
created by ordinan e.

§ 46. To fix the compensation of all city officers, and compsneAtioii.
regulate the fees of jurors, witnesses and others for servi-
ces rendered under this act or any ordinance.

§ 47. To regulate the police of the city; to impose fines ^^^^^^"^ *•"!*"
and forfeitures and penalties for the breach of any ordi-
nanc« ; 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 the city council, under the or-
dinances of said city, for the general use and benefit of the
i'^ihabitants thereof, and to provide for the recovery and ap-
propria*^' -f such fines and forfeitures and the enforce-
ment of such penalties.

§ 48. The city council shall have power to make all ordiiuu>««.
ordinances which shall be n-^cessary and proper for carry-
ing into execution the powers specified in this act, so that
such ordinances be not r pugnant to nor inconsistent with

1855, me

the constitution of the United States nor of the constitution
and laws of this state.

style of ordi bancs ^ 49. The Style of the ordinances of the city shall be^
"Be it ordained by the City Council of the City of Mar-
shall."

ordinancea to be ^ 50. All Ordinances enacted by the city couucil shall,
within one month after they shall have been passed, be pub-
lished in some newspaper published in the city, and shall
not be in force until they shall have been published au
aforesaid.

<^aiuancei I.e.- § 51 All Ordinances may be proven by the seal of the

•wjxwatiuu. corporation, and when printed or published in book or
pamplilet form, or purporting to be printed and publisiiei.
by authority of the corporation, the same shall be received
in evidence in all courts and places without further proof.

Mjjor to preside 5 52. The mayor shall preside at all nieetinp^ of the

*»H meetings. •.' -i j l. ii i *• i j iU

City council, and shall liave a castmg vjte and no other.
In case of nonattendance of tiie mayor at any meeting the
board of aldermen shall appoint one of their own number
chairman, who shall preside at tliat meeting.

a»)«oifti meetings § 53. The mayor or any two aldermen may call special
meetings of the city council.

aijforceiftw and § 54. Tlie mavor shall at all times be active and dili-

*<Uiiftncefi. •> ^ . /• • ! 1 J J- /> ii

gent in eniorcing tiie laws and ordinances tor the govern-
ment of the city; he shall inspect the conduct of all subor-
dinate officers of said city, and cause negligence and posi-
tive violation of duty to be prosecuted and punished. He
shall, from time to time, communicate to the aldermen such
information and recommend all such measures as, in his
opinion, may tend to the improvement of the finances, tlie
police, the health, secirity, comfort and ornament of tlie
city.

rower to call on ^ 55. fJo is hereby authorised to cai' on every male in-
•id In enforciug habitant of said city, over the age of (.eighteen years, to aid
**'*■ in enforcing the laws and ordinances, and in case of riot to

call out the militia to aid him in suppressing the same or
in carrying into effect any law or ordinance; and any per-
son who shall not obey such call shall forfeit to said city a
fine, not exceeding five dollars.

fciiiwt books, &• § 56. He shall have power, whenever he may deem it
necessary, to require of any of the officers ot said city an
exhibit of his books and papers.

MiBjsteriai acta. ^ 57. He shall liave power to execute all ministerial
acts which may be required of him by any ordinance made
in pursuance of this act.

•oBimisaioned as A 5^. He shall be commissioued, bv the ffovemor, as a lus-

» Justice of the ^ ^ .^.. j i ni A .

po«ce. tice of the peace for said city, and shall have power and au-

thority to administer oaths, i-sue writs and process, under
theseal of the city; to take, positions, the acknowledg-
ment of deeds, mortgages and . ' other instruments of wri-

237 1856.

ting, ^nd certify, under the seal of the city, which shall be
good and s'alid in law.

S 59. He shall have exclusive iurisdiction in all cases exsiusitc jurti-
arising under the ordinances of the corporation, and con-
current jurisdiction with all other justices of the peace in
all civil and criminal, cases within the limits of the city,
arising under the laws of the state, and shall receive the
same fees and compensation for liis services as are by law
allowea to justices of the peace in similar cases : Provided,
that in all cases of prosecution for violation of city ordi-
nance the defendant shall have the right of trial by jury.

§ 60. He shall also have such jurisdiction as may be Juri»a!ctt»B
vested in him by ordinance of tiie tnty in and over all pla- miiei of th«
ces within five miles of the boundaries of the city, for the thecft"'" *'
enforcing of the health and quarantine ordinances and reg-
ulations thereof.

§ 61. He shall receive for his services such salary as MaT^r's iv»»r.
shall be fixed by an ordinance of the city.

§ 62. In case the mayor shall at any time be guilty of a Mayor iiabu *»
palpable omission of duty, or shall willlully and corruptly '"'"^'°'®**-
bt^ guilty of oppression, malconduct or partiality in the dis-
charge of the duties of his office, he shall be liable to be in-
dicted in the circuit court of Clark county, and on convic-
tion he shall be fined not more than two hundred dollars,
and the court shall have power, on the recomm. ndation of
the jury, to add to the judgment of the court that he be
removed from office.

S 63. When it shall be necessary to take private pro- Prwate propertr

A £• ■ -J ■ li • ur A. X f"r opening

perty tor opening, widenmg or altering any public street, streete, *«.
lane or alley, the corporation shall make a just compensa-
tion to the person whose property is so taken; and if the
amount of such compensation cannot be agreed on the may-
or shall cause the same to be ascertained by a jury of six
disinterested freeholders of the city.

§ 64. When the owners of the property on a street, petition ot vio-
lane, avenue or alley proposed t be opened, widened or p'^^'^^**'*'*^*
altered shall petition therefor, the city council may open,
widen or alter such street, lane, avenue or alley, on con-
ditions to be prescribed by ordinance, but no compensation
shall, in f;uch 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 as-
I sessment of benefits or damages that may accrue to any of
the petitioners.

§ 66. All jurors empanneled to inquire into the amount jurois.
of benefits or damages which shall happen to the owners of
property proposed to be taken for opening, widening or
sjaltering any street, lane, or alley shall first be sworn
to that effect, and shall return to the mayor their inquest,
in writing, signed by each juror.

1855. 238

AMountof com- § 66. In ascertaining the amount of compensation for
'*^^* *'°* property taken tor opening, widening or altering any street,
iane, avenue or alley, the jury shall take into consideration
the benefits as well as the injury happening by such open-
ing, widening or altering any such street, lane, avenue or
alley.
Power to set aside § 67. The mayor shall have power, for good cause
lodueat. shown, withiu ten days after any inquest shall have been

returiicd to him, as aforesaid, to set the same aside and cause
a new inquest to be made.
Levy and collect § 68. The city couucil sliall havc powcr, by Ordinance,
ipeovai tax. ^^ i^^^ ^^^ coUect a Special tax on the holders of lots in
any street, lane, avenue or alley, according to their re-
spective owned by them, for the purpose of paving and
grading the side-walks and lighting said street, lane or al-
ley.
Bxempt from § 69. The inhabitants of the city of Marshall are hcre-
5mdcity°imns" by exempted from working on any road beyond the limits
of the city, and from paying any tax to pay laborers to
work on the same.
street labor. § 70. The city council shall have power, for the pur

pose of keeping the streets, lanes, avenues and alleys in
repair, to require every male inhabitant in said city, over
twenty-one years of age, to labor on said streets, lanes, ave-
nues and alleys, not exceeding three days in each and eve-
ry year; and any person failing or refusing to perform such
labor, when duly notified by the supervisor, shall forfeit and
pay the sum of one dollar per day for each day so neglect-
ed or refused.
PiiHisiimcnt of § 71. The city council shall have power to provide for
oftsndets. ^|^g punishment of ofFenderis by imprisonment in the county
or city jail in all cases where such offenders shall fail or
refuse to pay the fines and forfeitures which may be recov-
ered against them.
piiwic sutement § 72. The city council shall cause to be published, an-
nually, a full and complete statement of all moneys ex-
pended by the corporation during the preceding year, and
on what account received and expended.
Suits commenced § 73. All suits, actious and prosecutions instituted,
If Marshall .'^'^'^ commeuced or brought by the corporation hereby created,
shall be instituted, commenced and prosecuted in the name
of the city of Marshall.
A.!)p-ai,^. § 74. Appeals shall be allowed from decisions in all

cases arising under the provisions of this act, or any ordi-
nance passed in pursuance thereof, to the circuit court of
Clark county, and every such appeal shall be taken and
granted in the same manner and with like effect as appeals
are taken from and granted by justices of the peace to the
circuit court under the laws of this state.

239 1866.

§ 75. Whenever the mayor shall absent himself from in case of resig-
the city or shall resign or die or his office shall be other- uiiiTJirr.
wise vacated, the board of aldermen shall immediately pro-
ceed to elect one of their number president, who shall be
mayor pro tern.

§ 76. This act is hereby declared to be a public act, luwicaot.
and may be read in all courts of law and equity within this
state without proof.

§ 77. The city marshal or any other officer authorised Pvocees.
to execute writs or other process issued by the mayor,
shall have power to execute the same any where within
the limits of the county of Clark, and shall be entitled to
the same fees for traveling as are allowed constables in
similar cases.

§ 78. That the mayor and aldermen of said city shall convey )ot for
have and are hereby invested with full power and authori- ^'"'■y'nBBfonnd.
ty to sell and convey to any person or persons or body
politic the block of ground in said Marshall designated

as block number , and used and set apart, on the ori-

nal plat of said town, as a burying ground, and any con-
veyance executed as aforesaid for the same or any pari
thereof shall be good and valid in law or equity.

§ 79. The city council shall have power to purchase, Power to pnr-
within three miles of the city, for and in the name of said g^ou^.^. '"^'*'
city of Marshall, a new burying ground for the dead, not
exceeding ten acres, and to cause the same to be con-
veyed to them, as trustees of said city; to lay off said
ground, so to be purchased, as a burial ground, and the
same shall be, by said aldermen, laid off into suitable lots,
streets, alleys, walks and avenues, and to enclose said
ground or any of it with such fence as they may deem suit-
able, with suitable entrances, gates, &c.

§ 80. The city council of said city shall have power, Toseiiiots.
when said ground shall be laid off into lots, as aforesaid, to
sell and convey said lots to any person or persons for the
purpose of their burying their dead; said lots to be properly
numbered, and a plat thereof recorded in the recorder's
office of the county of Clark.

§ 81. Said lots, when so sold, shall be used for burial to be used for
purposes and for no other whatever; and the proceeds r" j no ottfe^r?""
arising from the sales of said lots shall, after defraying the
expenses of purchasing the ground, laying it off, and
otherwise fitting it for the purposes aforesaid, shall go into
the treasury of said city, for the use thereof, to be used
and expended as other money in said treasury may by law
be used and expended.

§ 82. The amount for which the old burying ground Amonnireceivo.*
may be sold by said city council shall be used, as far as it gXVdh.°wa*S-
may go, towards the purch<ising, fencing, laying off into p''op>''»*«''-
lots, and otherwise fitting up such new burying ground; and

1855.

240

Bodies may be
remevsd from
old ground.

JW action to ho
held for and a-
gatnst adoption
of the chartLT.

any surplus that may arise either from the sale of the old
burying ground or for the sale of lots in the new one, shall
in like manner go into the city treasury, to be disposed of
as other moneys may be by law disposed of.

§ 83. Said city council may, if they think it advisable,
cause the bodies of such persons as may have been buried
in the old burying ground to be removed and decently
interred in the new burying ground herein provided for.

§ 84. An election shall be held in said town on the
first Monday in the month of April, one thousand eight
hundred and fifty-five, at which time the inhabitants re-
siding within the city limits, who have actually resided
within the limits of the territory hereb} included in the
ciiy limits for the space of thirty days previous to such
election, shall vote for or against the adoption of this char-
ter; and if a majority of the votes given at such election
shall be in favor of the adoption of said charter, the same
shall immediately take effect as a law; but if the majority
of the votes cast at such election shall be against the
adoption of said charter then this act to be of no effect.

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

Approved Feb. 15, 1855.

In force Feb. 15,
18.35.

APf ACT to incorporate the town of McHenry.

and politic.

)*atiie and style.

Section 1. Be it enacted by the people of the state of
Illinois., represented in the General JJssemblyy That the
inhabitants of the town of McHenry, in the county of Mc-
Bo«r corporate Henry, and state of Illinois, be and they are hereby con-
stituted a body corporate and politic, by the name and
style of " The Town of McHenry," and by that name
shall have perpetual succession, may sue and be sued, and
may have and use a common seal, and alter and chang«
the same at pleasure.

§ 2. Said town of McHenry, shall comprehend and
embrace all of that territory contained in the southeast
quarter of section twenty-six, in township forty-five and
range eight, in the county aforesaid.

§ 3. There shall be a city council, which shall consist
of a president and a board of five trustees, to be elected
as hereinafter directed- The other officers of the corpo-
ration shall be a clerk, a treasurer, a constable, one police
magistrate, an asse^'sor and such other officers as the
council shall, from time to time, appoint.

City council.

241 1856.

§ 4. The president, trustees and other officers speci* Election of «ffi-
fied in this act shall be elected, annually, on the first Mon-
day of April of each year, by the qualified voters of said
corporation, and shall hold their office for one year and
until their successors are elected and qualified; and all
the provisions of an act entitled " An act for the better
government of towns and cities, and to amend the charters
thereof," approved February 27, 1854, and the several
acts amendatory thereto, are hereby declared applicable to
the said town of McHenry.

5 6. All the officers, except such as are mentioned in officers totesp-

• 1 n 1 • 1 11 1 • 11 1 • poniteil.

section three or this act, shall be appointed by the presi-
dent and trustees, at their first meeting after the annual
election, and shall hold their offices one year and until
their successors are appointed and qualified.

§ 6. The board of trustees, or a majority of them, shall Qualifications •f
judge of the qualifications, elections and returns of their
own members, and shall determine all contested elections-
A majority of the board shall constitute a quorum to do
business, but a smaller number may adjourn from day to
day, and compel the attendance of absent members, under
such penalties as they may prescribe by ordinance.

§ 7. All vacancies which may occur in any of the of- vacanciej how
fices may be filled in such a manner as may be prescribed
by ordinance.

§ 8. The officers of said corporation shall, before en- officers to take an
tering upon the discharge of their duties, take an oath well '^**^"
and truly to discharge the duties of their respective offices.
The treasurer and constable and such other officers as the omcera to exe-
council shall, by ordinance, direct, shall execute a bond, """'^ " ''°"'' •
with securities, to the president and trustees, in such sum
or sums as the council may direct, for the faithful dis-
charge of their duties.

§ 9. Any person shall be allowed to vote at any cor- Quaiiecatioa o(
poration election for any person to hold office under the
provisions of this act who shall have resided at least one
month next preceding the election within said corpora-
tion, or shall be the owner of property in real estate and
a tax payer in said corporation at the time of such elec-
tion, and who is a citizen and legal voter at any election
in this state; and the votes of all persons who are neither
residents upon said corporation or tax payers, as before
specified, shall be rejected.

§ 10. The council shall have power and authority, by Tax to be coiiect-
ordinance, to levy and collect taxes upon all property,
real and personal, within the limits of the corporation, not
exceeding a fourth of one per cent, per annum upon the
assessed value thereof, and may enforce the payment of Enforce payment
the same in any manner, to be prescribed by ordinance, °'^^^^'
not repugnant to the constitution of the United States or
30

1865. 242

powersofthecitr of this State; to appropriate money and provide for paying
the debts of said corporation; to make regulations to pre-
vent the introduction of contagious diseases into said
town; to make regulations to secure the general health of
the inhabitants of said town; to make all needful rules

Restrain ho;;s to prevent hogs and cattle from running at large in said

runningatiarge town; to provide for the erection of all needail buildings
for the use of said town; to provide for enclosing, impro-

Pub.ic grounds, ving and regulating all public grounds belonging to said

Wharves and town; to crect, repair and regulate public wharves and
docks, and to restrain, prohibit and suppress tippling

Tippling bouses, houses, dram shops, gaming houses and all other disorderly
houses; and the inhabitants of said town shall have power

Suppress tte sale to restrain, prohibit and suppress all tippling houses, dram
iquors. shops and all other shops where spiritous liquors are kept
and sold, by such means and in such manner as they may
deem advisable, excepting such persons as are authorised
to sell spiritous liquors under the llth section of this act.
Said council shall have power to provide for the extin-

Kxtingnishment guishment and prevention of fires, and for organizing and
establishing fire companies; to regulate the election and
appointment of corporation officers, and provide for re-

Kemove persons moving from oflicc auv pcrson holding office under the

holding office. *=" , . i r £ii- • - i. j i

corporation, and for nlling vacancies; to erect and lieep
in repair school houses, and provide for maintaining and
Support schools, supporting all necessary common sciiools; to impose fines,
Impose fines. penalties and forfeitures for the breach of any ordinance,
and to provide for the recovery and appropriation of such
fines and forfeitures and enforcement of such penalties.-
The council shall have power to make all ordinances which
shall be necessary and proper for carrying into execution
the powers specified in this act.
To license sale of ^ n. The council sliall have power to license the sale
of liquors, by such person or persons as they may deem
proper, for the following purposes, to wit : For burning
fluid, mechanical, medicinal and sacramental purposes and
no other; and the person or persons so licensed shall, be-
Persons licensed fore being authorised to sell under the provisions of this
act, take an oath that he or they will not sell or otherwise
dispose of any spiritous liquors, knowingly, for any other
than the above named purposes; and the person or persons,
so licensed and sworn, shall make a written quarterly re-
T« make report port to Said council oucc in ninety days, certified to, un-
»f Hquora sold. ^^j. Q^f}.^ which rcport shall contain a full and accurate
accofjntof all tha spiritous liquors sold by him during the
last preceding ninety day?., the names of the persons in
fu,ll who have purchased the same, the amount sold to
each person, respectively, the price for which each parcel
has been sold, and the cost price of the same; and the per-
son or persons authorised to sell liquors under the provi-

243 1856.

sions of this act may charge and receive a gross profit of
thirty per cent, on all the liquors so sold, and no more.

§ 12. The style of the ordinances of this corporation style of the PT<i;-
shall be "Be it ordained by the President and Trustees "''°'^*''"
of the Town of McHenry."

§ 13. All deeds of conveyance shall be signed by the Deeds, &c.
president and countersigned by the clerk and attested by
the seal of the corporation.

§ 14. All prosecutions for violations of any of the or- Prosecutions for
dinances of said corporation shall be prosecuted before conducted.
any justice of the peace in said corporation; and it is made
the duty of the corporation constable to execute all pro-
cess issued by any such justice for the violation of any
such ordinance, and said constable may execute the same Constable to exc-
any where within the county of McHenry, and shall be en- ^"tLut th^'ii^
titled to the same fees for traveling as are allowed, by i'^^^o* rorpora-
law, in other cases; and it is made the special duty of the
constable to report to some justice of the peace within the
corporation all violations of any of the ordinances of the
corporation which may come within his knowledge.

§ 15. All ordinances passed by the council shall, with- ordinances to be
in one month after they have been passed, be published in ^'^^'^
some newspaper in the county of McHenry or posted up
in at least three public places in said town at least three
weeks, and shall not be in force until they shall have been
so published.

§ 16. The assessor shall assess the property, both real -A^wssor's duties.
and personal, in said corporation, between the first of May
and July of each year, and shall make return to the board
of trustees on or before the first Monday in July or at
such other time as the board may direct, at which time the
council shall proceed *o assess and levy the taxes for said
corporation for the current year and cause a list thereof Constable to te
to be delivered to the constable for collection, who is here- *^"^'^'*''-
by made collector for said town.

§ 17. All right of property heretofore belonging to property.
said town is hereby continued therein.

§ 18. Appeals shall be allowed from any and ail deci- Appeals aBow«d.
sions in cases arising under the provisions of this act or
any ordinance passed in pursuance thereof to the circuit
court of McHenry county.

§ 19. This act is hereby declared t|) be a public act,
and shall be construed beneficially for all the purposes
herein contained, and may be read in evidence in all
courts of law and equity within this state.

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

Approved Feb. 15, 1855. f

1855. 244

In force Feb. 14, AN ACT to incorporate tbe Peoria and Warsaw Railroad Company.
1856>

Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly, That John
Frink, John D. Arnold, Albert Reed, William Kellogg,
Corporators. James M. Campbell, Briant S. Scofield, Jacob C. Davis,
William H. Ralston and their associates, successors and
assigns are hereby created a body corporate and politic,
styip. under the name and style of " The Peoria and VVarsaw

Railroad Company," with perpetual succession, and by
General powefs. ^hat name be and 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 or equity in
this state or any other place; to make, have and use a com-
mon seal, and the same to renew and alter at pleasure ;
and shall be and are hereby vested with all the powers,
privileges and immunities which are or may be necessary
to carry into effect the purposes and objects of this act,
as hereinafter set forth; and the said company are hereby
authorised and empowered to locate, construct and finally
K»u(t-. complete a railrnad, trom the city (\\ Peorip, in Peoria

county, through Farmington and Canton, in the county of
Fulton; Macomb, in the county of McDonough; Carthage,
in the county of Hancock, to the city of Warsaw; said
railroad to be laid out and constructed by the most eligi-
ble route from the city of Peoria, through the points here-
inbefore named, to the city of Warsaw; and lor this pur-
pose said company are authorised to lay out their said
road, not exceeding one hundred feet in width, through
the whole length, and for the purpose of cuttings, embank-
ments, stone and gravel may take as much more land as
may be necessary for the proper construction and security
of said railroad.
Capital ?toc35. § 2. The Capital stock of said company shall consist

of two millions of dollars, to be divided into shares of one
hundred dollars each. The immediate government and
direction of said company shall be vested in seven direc-
Board of directoiB tors who shall be chosen by the stockholders of said com-
pany in the manner hereinafter provided, who shall h.ld
their offices for one year after their election and until
others shall be elected and qualified to take their places
as directors; and the said directors, a majority of whom
shall form a quorum for the transaction of business, shall
elect one of their number k) be the president of the com-
pany; that said board of directors shall have power to ap-
point all nec^^ssary clerks, secretary, treasurer and other
officers necessary for the transaction of the business of said
company.
Make «amina- K 3, Xhs Said Corporation is hereby authori'^'ed, by

tlon and surveys ,,3, , r,. / U->-

their agents, surveyors and engineers, to cause sucti ex-

245 1855.

aminations and surveys to be made of the ground and of
the country between the said city, of Peoria and the city
of Warsaw as shall be necessary to determine tlie most
advantageous route for the proper lines or courses, from
point to point, whereon to construct their said railroad;
and it shall be lawful for said company to enter upon and
take pos.session of and use all such lands and real estate as
will or may be necessary for the construction and main-
tenance of the said railroad, its depots, side tracks, water
stations, engine houses, machine shops and oiher buildings
and appendages necessary to the construction and work-
ing of said road : Provided, that all the land and real es- PrcviBo.
tate entered upon and taken possession of by said corpo-
ration for the purpose and accommodation of said railroad
or upon which the site for said railroad shall be paid for
by said company in damages, if any be sustained by the
owner or owners thereof by the use of the same for the
purposes of said railroad; and all lands entered upon and
taken for the use of said corporation which are not do-
nated to said company shall be paid for by said corpo-
ration at such price as may be mutually agreed upon by
the said corporation and the owner or owners thereof; and
and in case of disagreement the price shall be estimated,
fixed and recovered in the manner provided for taking
lands for the construction of public roads, canals or other
public works, as prescribed by the act concerning the
right of way, approved March 3d, 1845.

§ 4. It any person shall willfully, maliciously or wan- Penaitief.
tonly and contrary to law obstruct the passage of any
engine or car on said railroad or any part thereof or any
thing belonging thereto, or shall damage, break or des-
troy any part of the said railroad or implements or build-
ings belonging thereto, he, she or they or any person as-
sisting shall forfeit and pay to the said company, for every
such offence, triple the amount of damages that shall be
proved before any competent court to have been sustain-
ed, to be sued for in the name and on behalf of said com-
pany; and such offender or offenders shall be deemed guil-
ty of a misdemeanor, and shall be liable to indictment in
the same manner as other indictments are found in any
county or counties where such offence shall have been
committed; and upon conviction every such offender shall
be liable to a fine not exceeding five thousand dollars, for
the use of the county in which such indictment may be
found, and may also be imprisoned in the county jail of said
county for any time not exceeding six months, at the dis-
cretion of the court.

§ 5. The time for holding the annual meeting of said Anncai reeetint:
company for the election of directors shall be fixed and de-
termined by the by-laws of said coaipany; and at all meet-

1866.

246

Moticea

ings each stockholder shall be entitled to a vole, in person
or by proxy, one vote for esch share of stock he, she or
they may hold, bona fidc^ in said company, upon which all
installments called have been paid-
cainniisbioBer to K 6. John Frink, William Kellogg and William H.

open books. r* i i i • i • • i

Kalston are hereby appointed commissioners, who, or a
majority of whom, after a meeting, duly called, by twen-
ty da}s' notice in newspapers published in the coi.niies
of Peoria, Fulton, McDonough and Hancock, are hereby
authorised to open subscription books for said stock at
such places as they may deem proper, and shall keep said
books open until one hundred thousand dollars of said
capital stock shall be taken. Said commissioners shall
require each subscriber to pay five dollars on each share
subscribed at the time of subscribing. The said commis-
sioneis shall immediately thereafter call a meeting of
stockhoL^ers, by giving thirty days' notice in some news-
paper printed in each of the counties of Peoria, Fulton,
McDonough and Hancock, and at such meeting it shall be
lawful to elect the directors of said company; and when
the directors of said company are chosen the said com-
missioners shall deliver said subscription books, with all
sums of money in their hands, as commissioners, to said
directors. No person shall be a director in &aid company
unless he shall own at least four shares in the capial
stock.

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

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

BtgUl ni way.

TrMsportatJoB-

247 1856

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

§ 10. Tiiat when the lands of ^x\y femme covert, person Land of persons
under age, non compos mentis or out of the state shall be """"^ ^*'
taken in the construction of said railroad, as is provided
by this act, the said corporation shall pay the amount that
shall be awarded as due to the last mentioned owners,
respectively, whenever the same shall be lawfully de-
manded, together with six per cent, per annum. That the
damages to be paid by said company for the taking of the
land of the persons named in this section shall be estima-
ted and assessed in tlie manner now in such cases provi-
ded by law.

§ H. Whenever it shall be necessary for the construe- intersections.
tion of sai! railroad to intersect or cross a track of any
other railroad or any stream of water or water course or
road or highway on the route of said roads, it shall be
lawful for said company to construct their railroad across
or upon the same : Provided, that the said company shall
restore the railroad, stream of water, water course, road
jr highway thus intersected or crossed to its former state,
or in a sufficient manner not materially to impair its use-
fulr.ess.

§ 12. Said company shall have the power to unite its uuion tsuu other
railroad with any other railroad now constructed or which
may hereafter be constructed within this state on the line
of said road, or at the terminus thereof, upon such terms
as may be mutually agreed upon by the companies so con-
necting; and for tuat purpose full power is hereby given
to said company to make and execute such contrac's with
any other company as will secure the objects of such con-
nection.

§ 1 '. That said Peoria and Warsaw Railroad Compa- Fov.erio tcnow
ny shall have power to borrow money on the credit of the
company, not exceeding its authorised capital stock, at a
rate of interest not exceeding ten per cent, per annum,
payable semi-annually, and may execute bonds tiierefor,
with interest coupons thereto annexed, and secure the

money.

1855. 248

payment of the same by mortgage or deed of trust on the
whole or any part of the road, property and income of the
road then existing or thereafter to be acquired, and may
annex to such mortgage the privilege of converting them
into the capital stock of the company, at par, at the op-
tion of the holder, if such election be signified, in writing,
to the company three years before the maturity of said
bonds.

Negotiate bonds. ^ 14, That the dircctors of said company be and they
are hereby authorised to negotiate and sell the bonds of
the said company at such times and in such places, either
witiiin or without the state, and at such rates and for such
prices as in their opinion will best advance the interests
of the company; and if such bonds are thus negotiated or
sold at a discount below their par value such sale and dis-
position tliereof shall be as valid and binding on the com-
pany, in every respect, as if they were sold and disposed
of at their par value.

"^gaste to secure § ^^ That Said Company, in sccuHng the payment of

payment. ggid bouds by a mortgage or deed of trust on the road,

property and income of the company, shall have power to
execute a mortgage or deed of trust, as aforesaid, to se-
cure the payment of the full amount of bonds which the
company may, at the time of said deed of trust cr mort-
gage bears date, or at any time thereafter, desire to sell
and dispose of, and may execute and sell, from time to
time, such amounts of said bonds, and of such dates, and
payable to sucli person or persons as to the directors and
company may seem advisable, till the whole amount of said
bonds mentioned in such mortgage or deed of trust is exe-
cuted and sold; and the said mortgage or deed of trust
shall be as effectual and valid to secure the payment of the
bonds so executed and sold and of every part thereof as
if the same and every part thereof had been executed of
even date with the said deed of trust or mortgage.

Time of com- § 16. The Said company hereby chartered shall be
required to commence the construction of their said rail-
road within three years from and after the date of their
organization, and to construct and operate their railroad,
throughout the entire line thereof, according to the terms
of the charter, within eight years after the work shall have
been commenced thereon, and upon failure so to do shall
forfeit all rights and privileges, tracks completed and
work done upon said road.

§ 17. This act to be in force from and after its pas-

meacement.

Approved Feb. 14, 1855.

249 1855.

AN ACT to incorporate the Mount Vernon Railroad Company. in force Feb. is,

^ 1856.

Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly, That all
such persons and corporations as shall become stockhold- corporation.
ers under the provisiors of this act and tht-ir successors
be and are hereby created a body politic and corpo-
rate, by the name of "The Mount Vernon Railroad Com-
pany," with all the rights and powers incident and neces-
sary to such corporation.

§ 2. The capital stock of said company shall be five capuaistock.
hundred thousand dollars, with power to increase the same,
from time to time, in such amount as maybe found neces-
sary to complete and operate the railroad herein authori-
sed. It may be divided into shares of one hundred dol-
lars. Each share shall entitle the owner to one vote.

§ 3. When an amount equal to one thousand dollars per Elect board of di-
mile of the route of said road is subscribed the subscribers '■ectors.
may meet at Mount Vernon and elect seven directors, and
as many more, from time to time, as may be fixed by-laws.
The board of directors, so elected, and their successors
shall have and exercise all the powers of the corporation,
and which includes every power necessary to accomplish
the objects of this act, and may, for that purpose, adopt
by-laws, rules and regulations for the management, gov-
ernment and control of all the property and aflairs of the
corporation : Provided, the stockholders may by resolution
limit and restrict their powers in such manner as they think
proper.

5i 3. The corporation may take, hold and convey such hoW and convey

I 4. J. J 1 i. 1, J A real estate.

real estate and personal property as may be deemed ne-
cessary to carry out the objects of this act, which are build-
ing, equipping, maintaining and operating a railroad, with
single or double tracks, from Mount Vernon to the Illinois
Central Railroad or its Chicago Branch, one or both, with
all convenient turnouts, side tracks, stations, depots and'
other structures and buildings.

§ 4. For the purpose of acquiring the necessary lands RiKiit of Tray.

for a right of way, not exceeding 100 feet wide, and for
turnouts, side tracks, station depots and other structures
and buildings, and for inaterialrf to build, ballast and repair
the same, or any of them, in case of disagreement as to
price between the company, by its agents and the owner
or owners, the same may be condemned, taken and used
under the provisions of an act to amend the law condemn-
ing right of way for purposes of internal improvement, ap-
proved June 22d, 1852.

§ 5. All tiie rights, powers, privileges and actions ere- Powers eonierred
ated, conferred, authorised or imposed by the provisions
of the eleventh section of "An act to incorporate the Illinois

1855. , 250

Central Railroad Company," approved February 10, 1851,

are hereby created, conferred, authorised and imposed upon
this company : Provided^ any judge of a circuit court may,
instead of the judge of the district court of the United
States, appoint the third person as commissioner in case of
a disagreement between the commissioners : %^nd 'provi-
ded, further^ that in case either company refuse or neglect,
for one month after the request of the other, to appoint or
choose one commissioner, as therein provided, tlien any
circuit judge may appoint such commissioner also.

Power to bonow § 6. The Corporation may borrow such sums of money
as they deem advisable, and upon such terms as they
may agree, for the carrying out the objects of this act, and
may provide any security therefor they think best by bond
and mortgage or otherwise.

County court au- ^ 7. ^hc couutv court of JcfFerson county are hereby

tUonsed to sub- i-ii i i \ r \

scribestock. authorised and empowered to subscribe for such amount of
the capital stock of said company as they may think pro-
per. They may issue bonds of the county and provide for
the payment of the principal and interest thereof, by sale
or mortgage, one or both, of the swamp and overflowed
lands of said county, and dispose of such bonds for money
to pay or in payment of their subscri{)tion to said stock; all
and each to be upon such time, terms and in such mode
as they may deem best; or they may make such other dis-
position of said swamp and overflowed lands in aid of the
construction and maintenance . f said railroad as they deem
best for the public interest of said county.
Swamp and over- § 8. Before any (Jlsposition is made of said swamp and

jeflferson county Overflowed lands, or any subscription to the stock of said
company, the county court may at any regular or special
terra of said court order a special election to be held for
the purposes of taking the sense of the qualified voters of
the county thereupon, giving such notice thereof as they
. may deem proper, and which shall be conducted and re-
turns made, canvassed and published in all respects as oth-
er county elections. The county court shall prepare a
proposition or propositions of the mode or modes, one or
more, containing a brief, clear, distinct idea of the plan or
plans proposed by them tor aiding in constructing of said
road; which said proposition shall be printed at large, as
an election ticket, and the voters may express their will
on said proposition by writing "yea" and "nay" on said
ticket. Those opposed to any and all the propositions or
plans may express their dissent by voting "nay" on a sep-
arate ticket. The proposition or plan having the highest
number of votes shall be adopted by the county court :

Proviso. Provided, majority of all the votes given in favor of the

several propositions or plans so submitted in aid of said

251 1856.

road shall be a majority of all the votes given at said elec-
tion.

5 9. Any county through which said road may run, and counties anthoii-

^ / vi 1 1 • 1 I M J sed to aid in con-

every county through which any other railroad may run strucuon.
[with] which this road may be joined, connected or inter-
sected, may and are hereby authorised and empowered to
aid in the construction of the same, or of such other road
with which it may so connect; and for this purpose the pro-
visions of the seventh, eighth and ninth sections of this act
shall extend, include and be applicable to every such coun-
ty and every such railroad.

§ 10. John N. Johnson, Zadock Casey, Henry T. Pace, commitsioners.
Stinson H. Anderson, Quincy A. Wilbanks, John R. Allen,
Samuel K. Allen, Samuel W. Carpenter, Benjamin T. Wood,
J. H. McCord, Urial Mills, George W. Pace be and they
are hereby appointed commissioners to open books and re-
ceive subscriptions to the capital stock of said company.
Any one of said commissioners may act alone. When the
sum of one thousand dollars per mile has been subscribed
said commissioners, or a majority of them, may appoint a
time and place and give notice for a meeting of subscri-
bers for the purpose of electing a board of directors. Any
two of said commissioners may act as judges and one or
more as clerks of said election, and those so acting as
judges and clerks shall canvass the votes and give a cer-
tificate of election.

§11. The stock of said company shall be deemed per- stock deemed
sonal property, and trcnsferable as provided by the by- pertj°* ^^°'
laws. This shall be deemed and taken as a public act,
and all the by-laws, rules and regulations and otlier pro-
ceedings of the stockholders and board of directors shall
be sufficiently proven by a certified copy, under the hand
of the .-secretary of said company.

This act to take effect from its passage.

Approved Feb. 15, 1855.

AN ACT to incorporate the La Salle and Lafayette Railroad Company. jn {^j,^ peb. 15.

1858.

Section 1. Be it enacted by the people of the state of
Illinois^ represented in the General Jlssemhly, That Wil-
liam Twinit g, Albert S. White, John Chamberlain, Joseph Ocrf<,ratorr,
Thomas, Michael Hogle, Henry Troup, James W. Law-
rence, Alexander Campbell, A. L. Roach and R. B Ma-
son, and such other persons as may operate with them for
that purpose, are hereby made and constituted a body cor-
porate and politic, by the name and style of "The La Salle

1855. 252

style. and Lafayette Railroad Comf any," with perpetual succes-

Generai powers, sion, and by that name and style shall be capable, in law,
of taking, purchasing, holding, leasing, selling and convey-
ing estate and property, whether real, personal or mixed,
so far as the same may be necessary for the purposes here-
inafter mentioned; and in their corporate name may sue
and be sued, plead and be impleaded; to have a comraoni
seal, which they may alter or renew at pleasure; and mayi
have and exercise p.ll powers, rights, privileges and immu-
nities which are or may be necessary to carry into effect!
the purposes and objects of this act or the law, as herein--
after set forth.
Objects. ^ 2. The said company shall have full power and au-

thority to locate and from time to time alter, change, re--
locate, construct, reconstruct and fully to finish, perfect!
and maintain a railroad, with one or more tracks, commen--
cing at a suitable point on the Illinois Central Railroad, on i
the south side of the Illinois river, opposite the city of La;
Salle; running thence, on the most eligible route, by the
way of or near the town of Middleport, in Iroquois coun-
ty, in Illinois, to a point on the east line of the state, in the
direction of the city of Lafayette, in the state of Indiana;
and to transport, take and carry property and persons up-
on said railroad by power or force of steam or of any oth-
er mechanical power or combination of them, whicli said >
company may choose to use or apply; and for the purpose !
of constructing said railroad or way said company shall [
have power to lay out, designate and establish their road, J
in width not exceeding one hundred and fifty feet, tlirough
the entire line thereof, and may take and appropriate to
their own use all such lands, so designated for the line and
construction of said road, upon first paying or tendering;
therefor such amount of damages as shall have been set-
tled by appraisal, in the manner hereinafter provided, ini
all such lands as may be taken, or upon any track whichi
may be located by said company, and for the purpose oil
cuttings and embankments, and for the purpose of obtain-
ing stone, sand and gravel; may take and appropriate as'
much more of land as may be necessary for the ])roperi
construction, maintenance and security of said railroad; and.
for constructing shops, depots and other suitable, proper'
and convenient fixtures in connection with and aj)purte-
nances to said railroad may take and have, use and occu-
py any lands upon either side of said railroad, not exceed-
ing two hundred feet in depth from said railroad — said com-
pany taking all such lands as gifts, or purcha.ing or ma-
king satisfaciton for the same in the manner hereinafter
provided : Provided, ilidii this section shall not be constru-
ed to restrict or prevent the construction of pablic roads
or canals or railroads across the road of said company, when

253 1865.

deemed expedient, but so as not materially to impair or
obstruct the same.

§ 3. The said company, and under their direction their state lands, &c
agents, servants and workmen, are hereby authorised and ,

empowered to enter into and upon the lands and grounds
of or belonging to the state or to any person or persons,
body politic or corporate, and survey and take levels of the
same or any part thereof, and to set out and ascertain such
parts as they shall think necessary and proper for making
said railroad, with one or more sets of tracks or rails, and
for all the purposes connected with said railroad, for which
the said corporation, by the last preceding section, is au-
thorised to have, take and appropiiate any lands, and to
fell and cut down all timber standing or being within one
hundred feet on each side of said line of said railroad, the
damages occasioned by the felling of said trees, unless oth-
erwise settled, to be assessed and paid in the manner here-
inafter provided for assessing and paying damages for land
taken for the use of said railroa d company; and also, to
make, build, erect and set up in and upon the route of said
railroad or upon the land adjoining or near the same all
such works, ways, roads and conveyances as may be re-
quisite and convenieiit for the purposes of said railroad;
and also, from time to time, to alter, repair, amend, widen
or enlarge the same or any of the conveniences above men-
tioned, as well for the carrying and conveying goods, com-
modities, timber or other things to and upon tlie said rail-
*oad as for carrying all manner of materials necessary for
;he making, erecting, furnishing, altering, repairing, amend-
ng or enlarging the works of or connected with the said
railroad, and contract and agree with the owner or own-
3rs thereof for earth, timber, gravel and stone or other ma-
terials or any article whatsoever which may be wanted in
;he construction or repairing of said railroad or any of its
ippurtenances, they, the said company, doing as little dam-
age as possible in the execution of the said powers hereby
granted, and making satisfaction, in the manner hereinafter
mentioned for all damages to be sustained by the owners
)r occupiers of said lands.

} 4. And said company may contract and agree with Rjjrhtofway,
the owners or occupiers of any lands which said company
nay wish to use or occupy for the purpose of procuring
jand, stone, gravel, earth or other material to be used in
mbankments or otherwise in or about the construction,
•epair or enjoyment of said railroad; and in case said com-
)any cannot agree with such owner or occupier of such
ands as aforesaid so as to procure the same by the volun-
;ary deed or act of such owners or occupiers thereof, or if
.he owners or occupiers thereof, or either or any of them,
)e dijemme covert^ infant, noii compos mentis, unknown or

1855.

254

out of the county in which the land or any property want-
ed may be situated, the same may be taken and paid for,
if any damages are awarded, in the manner provided for
in an act to provide for a general system of railroad in-
corporations, approved November 5, 1849; and the final
decision or award shall vest in the corporation hereby cre-
ated all the rights, privileges, francliises and immunities

Appeal. in said act contemplated : And provided^ that any appeal

that may be allowed under the provisions of the act above
recited, or by virtue of any general law of this state, shall
not affect the possession by said company of the lands ap-
propriated; and when the appeal may be taken or writ of
error prosecuted by any person or persons other than said
company the same shall not be allowed except on the stip-
ulation of the party so appealing or prosecuting such writ
of error that the said company may enter upon and use the
lands described in the petition for the uses and purposes
therein set forth, upon said company giving bond and se-
curity, to be approved by the clerk of said court, th^^t they
will pay to the party so appealing or prosecuting such writ
of error all costs and damages that may be awarded against
them in the final hearing of such appeal or writ of error.
within thirty days after the rendition thereof.

o«pitai8tock. § 5. The capital stock of said company shall be two

millions of dollars, which may be increased, from time to
time, by a vote of a majority in interest of stockholders at
their annual meeting or at any special meeting that may be
called for that purpose by the directors of said company,
to any sum not exceeding the entire amount to be expend-
ed on account of said road; which stock shall be divided
into shares of fifty dollars each, which shall be deemed per-
sonal property, and may be issued, certified, transferred
and registered in such manner and at such places as may.
be ordered and provided by the board of directors, who)
shall have power to require the payment of stock subscri- j
bed in the manner and at the time and in such suras as |
they may direct; and on the refusal or neglect on the part «
of stockholders, or any of them, to make payment on the |
requisitions of the board of directors the shares of such de-
linquents may, after thirty days' public notice, be sold at
auction under such rules as the directors may adopt. The
surplus money, if any remain after deducting the payment
due, with interest and the necessary costs of sale, shall
be paid to the delinquent stockholder. The persons in
section first hereinbefore named shall cause books to b«
opened for subscription to the capital stock of said compa-
ny at such times and places, in such manner as they shall

Proviso. direct : Provided^ that as soon as one hundred thousand

dollars of bona fide subscription shall be made to said cap-
ital, and five per cent, thereon paid, it shall be lav/fiil ior

255 1856.

said company to elect a board of directors, not less than Boam of directors
five nor more than eieven in number, who shall hold their
offices for one year and until their successors shall be
elected and enter upon the duties of their offices. The
first election of directors shall be held in the town of La
Salle, in the county of La Salle, thirty days' notice there-
of first being given in some newspaper published in said
town; and subsequent elections shall be held in such man-
ner as the directors shall, by by-laws, direct.

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

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

§ 8. Said company shall have power to purchase with purchase materi-
the funds of said company and contract for and place on ^'^' ^^'
the railroad hereby authorised to be constructed all mate-
rials, wagons, carriages and veiiicles of any description
which they may deem necessary and proper for the purpo-
ses of transportation on said railroad; and they shall have
power to charge for tolls and transportation and rates of
rare such sums as shall be lawfully established by the by-
laws of said company.

§ 9. Said company shall have power to make, ordain By-iawe.
and e:'tablish all such by-laws, rules and regulations as may
be deemed expedient and necessary to fulfill the purposes
of this act and for the well ordering and securing the affairs,
business and interests of said company : Provided, that the
same be not repugnant to the constitution and laws of the
United States and of this state.

§ 10. The said board of directors shall have power to Re^tniate traus-
regulate the manner of transportation of persons and pro- ^"nfanTp^rop"-
perty, the width of track, the construction of wheels, the ty.
form and size of cars, the weight of loads and all other
matters and things respecting the use of said road and the
conveyance and transportation of persons and property
thereon.

§ 11. When it shall be necessary for the construction intersections.

I' of said railroad to intersect or cross a track of any other
railroad or any stream of water or water course or road or
highway, being over the route of said road, it shall be law-
ful for the company to construct their railroad across or
upon the same : Provided^ that said company shall restore
the railroad, stream of water, water course, road or high-

1856. 256

way thus intersected or crossed to its former state, or in a
sufficient manner not materially to impair its usefulness.

Div:'»iids. § 12. The said company shall annually or semi-annu-

ally make such dividend as they may deem proper of the
net profits, receipts or income of said company among the
stockholders therein in proper proportion to tht ir respective
shares.

Power to borrow § 14. The Said company are hereby authoHscd to bor-

money. j.^^ mouey, from time to time, on the credit of said com-

pany, at any rate of interest per annum, to be agreed uj on
between the parties, for the sole purpose of constructing
said road and furnishing the same with cars, locomotives
and other machinery necessary to carry on the operations
of said company, and may issue its corporate bonds there-
for; and to secure the payment thereof, with the interest
which accrues, may mortgage the road, income and other
property of said company j and they may, by their president
or other officers or agents, sell, dispose of, negotiate such
bonds or stocks of said company at such times and such
places, either within or without this state, and at such
rates and for such prices as, in their opinions, will best ad-
vance the interests of said company; and if such bonds or
stocks are thus sold at a discount, such sale shall be as
valid and binding, in every respect, as if sold at par value;
and the said company are hereby authorised to confer up-
on the holder of any bond issued as aforesaid the right to
convert the principal thereof at any time unpaid into the
stock of the company.

Counties may § 15. The Several counties, cities or towns through
subscribe 3tock. ^^ near which said road passes may subscribe for and take
stock in the corporation : Provided^ that no such subscrip-
tion shall be made unless the majority of the legal voters
of the county, city or town shall vote for the same at an
election to be held under orders of the county court in
cases of counties and of the corporate authorities of cities
and towns-

unKwithother § 16- Said Company shall have the power to unite its
"*****• railroad, nov/ constructed or which may hereafter be con-

structed, either in this state or the state of Indiana, upon
such terms as may be mutually agreed upon between the
companies so connecting; and for that purpose full power is
here oy given to said company to make and execute contracts
with any other company as will secure the objects of such
connection; and in case this company should make a satis-
factory arrangement with any other company at a point from
which such company has a railrood now in operation, or
which may hereafti r be in operation in the direction of the
city of Lafayette, in the state of Indiana, then this company
may construct their road from a point on the Illinois Cen-
tral Railroad, opposite the city of La Salle, to such con-

267 1§55.

aecting point, aad shall not be compelled to make their
said road beyond tliat point of connection; and this com-
pany may grant to any such company the right to con-
struct and use all or any portion of the road hereby au-
thorised to be constructed, and also the right to purchase
or lease all or any part of said road; and this company
shall have the right to sell, lease or convey the same to
said company or consolidate its stock therewith and place
the management and control of the same under their board
of directors, upon such terms as maj' be mutually agreed
iipon between the companies of the said railroads.

§ 17. If any person shall willfully, maliciously or wan- P<^«»'"«-
tonly obstruct the passage of any engine or car on said rail-
road or any part thereof, or shall damage, break or destroy
any part of said railroad or buildings, cars or machinery
thereof, every such person so offending shall be deemed
guilty of misdemeanor, and upon indictment therefor and
conviction thereof shall be liable to a fine not exceeding
five hundred dollars, and may be imprisoned not exceed-
ing one year, at the discretion of the court, and shall fur-
ther be liable to the said railroad company in treble the I
amount of damages sustained, to be recovered in any court
of competent jurisdiction, *

§ 18. The said company hereby chartered shall be re- sime a c.
quired to commence the construction of their said road
within five years from this time and to complete the same
within ten years from the time of the passage of this act,
and upon failure so to do shall forfeit all rights and privile-
ges, tracks completed and v/ork done upon said road.

§ 19. This act shall be deemed and taken to be a pub- PBW>«a«u
iic act, and shall be in lorce from and after its passage.
Nothing in this act contained shall be so construed as to
authorise the building or constructing any other than the
mam trunk road herein provided for nor for the extension of
4he same in any other direction than the route herein pro-
■j^ided for.

Approved Feb. 15, 1855.

AN ACT to amend an tcl eniitiei ''Ad act io incorperaU th« Peki»i Canton in force Feb. 16,
and Macomb Railroad Company, " and to extend the sama. '^^•

vSection 1. Be it enacted by the people of the state oj
Illinois^ represented in the General *^ssemhly , That Thomas
N. Gill, William B. Doolittle, James Haines, Daniel M. o^npo***^^*-
Bailv and BenjamtH. Kellog, jr., of Tazewell county; R. J,
31

1855.

Oglesby and Henry Prather, of Macon county ; Jabez
Capps and Solomon Kahn, of Logan county, and such oth-
er persons as may associate with them for that purpose, are
hereby made and constituted a body corporate and poli-

y,u;e aG<? style . tic, by the name and style of "■The Pekin and Decatur
Railroad Company," with succession for fifty years ;
and the said company is hereby empowered and vested with,
all the rights and privileges heretofore granted to the Pe-
kin, Cant n and Macomb Railroad Company, as well as
those granted to the Mississippi and Wabash Railroad Com-
pany, approved February the 10th, 1853, and by the name
and style of "The Pekin and Decatur Railroad Company"
shall be capable, in law, of taking, purchasing, holdings
leasing, selling and conveying estate and property, wheth-
er real, personal or mixed, as may be necessary for con-
structing an i operating said road; and the right of way and
the real estate purchased by said company, whether by
mutual agreement or otherwise, or which shall become the
property of the company by operation of law or otherwise
shall, upon the payment of ti»e amount due to the ovv'ner
, or owners of said lands, become the property of the said

company in fee simple.

aeaorsi ipowers . § 2. That Said railroad company shall have the power
of building, constructing, locating and relocating, furnish-
ing, equipping and extending said railroad, of single or
double track, from the tovva of Pekin, in Tazev*'ell county,
to the town of Decatur, in Macor. county. That after the
said Pekin and Decatur Railroad Company shall be fully
organised they shall have power to unite with any other
railroad now constructed or in the act of construction or
hereafter to be organised at any point where said road
crosses or intersects said road, and may merge and con-
solidate its stock with that of such railroad on such terms
and conditions as may be mutually agreed upon by the
board of directors of such companies j and in case of such
consolidation the consolidated company shall succeed to
all the property, rights, powers and franchises of both cor-
porations thus merged into one, and may assume such name
as shall be agreed on in the articles of consolidation, which
shall be filed in the office of the secretary of state.

r»i>u«i »t<«*. § 3. That the capital stock of said company shall be

two millions of dollars, and may be increased from time to
time by a vote of a majority in interest of the stockholders
at their annual meeting or at any special meeting that may
be called for that purpose; which stock shall be divided
into shares of one hundred dollars each, and may be deem-
ed personal property, and may be issued, certified, trans-
ferred and registered in the manner and at such places as
may be ordered by the board of directors.

259 1855.

§ 4. Said company is hereby authorised and em- Puwer u. toftow
powered to borrow money, to an amount not exceeding '^°*^-
its capital stock, for the construction and equipment and
the extension, as aforesaid, of their road, and for such pur-
poses to issue the bonds ot the company, and in such sums
and forms as shall be prescribed by the board of directors,
at a rate of interest not exceeding ten per cent, per an-
num, payable semi-annually, and shall have full power and
authority to secure the payment thereof by a mortgage or
mortgages, a deed or deeds of trust on all or any part or
parts of their said road, right of way, franchises, income or
real estate, containing such stipulations and conditions as
shall be deemed advisable, and may direct the sale of such
lands at such times, in such manner and on such terms as
they may think moat advantageous for the interest of the
company.

§ 5. Said company shall construct their road so as to consiruet roa«i
pass through or within one half mile of the towns of Dela- town*'' *"*""
van, Lincoln and Mt. Pulaski.

§ 6. That as soon as fifty thousaad dollars oi buna fide Kiect bvard of <u-
subscription to the capital stock of said company shall be
made and five per cent, thereon paid it shall be lawful for
said company to elect a board of directors, not less than
five nor more than nine in number, who shall hold their of-
fices for one year and until their successors are elected
and qualified. The first election of directors shall be held
in the town of Delavan, thirty days' notice thereof having
been given by publication in the towns of Decatur and Pe-
kin; and all subsequent elections shall be held as the by-
laws of said company shall prescribe: Provided, the said ^''o''''*-
company shall commence work upon said road within four
and complete the same within eight years from the pas-
sage of this act.

§ 7. This act shall take effect and be in force from and ^^^'^- >* '**• •'-
after its passage : Provided, that nothing in this act shall
be so construed as to authorise said company to acquire,
by purchase or otherwise, any lands or real estate, except
such as may be necessary for the construction and main-
tenance of their said road.

Approved Feb. 15, 1865.

1855

260

OoBirDtMilooerf.

ui force Feb. 13, j^N ACT to incerporate fh« Mount Sttrlingtnd Ctrrolllon Railroad Com-
1855. ^ur_y^

Section 1. Be it enacted by the people of the state oj
Illinois, represented in the General */Jsse7nbli/, Tliat all
©oTiwrfttio!!. such persons as shall Ijecome stockholders, agreeably to
the provisions of the corporation hereby created, shall be
and are hereby declared a body corporate and politic, by
»*y»«- the name of " The Mount Sterling and Carrollton Railroad

••owni PW9T9. Company," with perpetual succession, and by that name
may sue and be sued, complain and defend in any court
of law or equity; may make and use a common seal, and I;
alter the same at pleasure; may make by-laws, rules and
regulations for the management of propert), the regula-
tion of its affairs and for the transfer of its stock not in-
consistent with the existing laws and constitution of this
state or of the United States, and may appoint such offi-
cers, agents and servants as the business of the said com-
pany may require, prescribe their duties and require bond
for the faithful performance thereof.

§ 2, That Lysander B. Wheat, John S. Bailey, Archibald
A. Glenn, John R. Cleveland, John L. Grimes, Benjamin L.
Matthews, A. Starne, O. M. Hatch, Nicholas Baylies, David
M.Woodson, Benjamin Baldwin, Francis P.Vedder and Linn
E Worcester be and they are hereby appointed commission-
ers for the purpose of procuring subscriptiony to the capital
stock of said company, whose duty it shall be to open
books for subscriptions to the capital stock of said com-
pany, giving notice of the time and places where and when
books will be opened, at least thirty days previous there-
to, by publication in some newspaper published at Mount
Sterling, Pittsfield and Carrollton. The said commission-
ers shall attend at the places appointed for the opening of
said books, and shall continue to receive subscriptions,
either personally or by such agents as they shall appoint for
that purpose, until the sum of five hundred thousand dol-
lars shall be subscribed. The said commissioners shall
give twenty days' notice, by publication in newspapers in
Mount Sterling, Pittsfield and Carrollton, of an elec-
tion by said s(ockholders of a board of directors, as
hereinafter provided, for the management of said com-
pany. At such time and place so appointed for the pur-
pose the commissioners or a majority of them shall attend
and act as inspectors of said election, and the stockhold-
ers present shall proceed to elect thirteen directors by
ballot, and the commissioners present shall certify the re-
sult of such election, under their hand«i, which certificate
shall be recorded in the record book of said company,
and shall be sufficient evidence of the election of the di-
rectors therein named. The directors thus elected shall

261 1856.

Old their o.iice for one year and until their successors are
elected and qualified.

§ 3. The capital of sa'd company shall be one million 06pit*i»t«aii.
of dollars, which shall be divided into shares of one hun-
dred dollars each, and may be increasi d by the directors
of sain company to any sura necessary to complete the
works herein authorised ; and the same shall be subscribed
for and taken under the direction of the board of directors
of said company at such time and in such place and man-
ner as the said directors shall, from time to time, direct.
The shares of said capital stock of said company shall be
deemed and considered as personal property.

§ 4. riie affairs of said company shall be managed by Affatr*oj»cmp»-
a board of thirteen directors, to be chosen annually, by Dtrectow.
the stockholders, from among tliemselves. At all elections
for directors each stockholder shall be entitled to one vote
for each share of stock lield by him, and may vote person-
ally or by proxy, and a plurality of the votes given at any
election shall determine the choice. The directors shall
hold their office for one year after their election and until
their successors are elected and qualified, and shall elect Pr«»id«nt an*

n ,1 • I •lif'.ii 1 !• Other offlcert.

one or their number as president or said board; and m
case of any vacancy occurring in said board of directors
between elections the same may be filled by the board at
any legal meeting of the directors, and the person so elect-
ed to fill the vacancy shall hold his office until the next
annual mcetingr of the stockholders. In case of the ab-
isence of the president of the board the directors shall have
power to elect a president pro tern., who shall exercise,
for the time being, all the legal powers of the president
of said board.

§ 5. It shall be lawful for the directors to make calls Payment ^r si . k
upon the sums subscribed to the capital stock of said com-
pany at such time and in such amounts as they shall deem
fit, giving at least thirty days' notice of each of said calls
in at least tliree newspapers published in the vicinity of
said road; and in case of failure on the part of any stoek-
iiolder to make payment of any call made as aforesaid by
the said directors for sixty days after the same shall have
been due the said board of directors are hereby author-
i/.cd to declare said stock so in arrears and all sums paid
thereon forfeited to the company.

g 6. The said company are hereby authorized and em- oi,iect/?.
powered to locate, construct and complete and to main-
tain and operate a railroad, with single or double track,
and with such appurtenances as may be deemed necessa-
ry by the directors for the convenient use of the same,
from the town of Mount Sterling, in Brov/n county, by
the most eligible route via Perry and Griggs ville, in Pike
county, and thence to Carrollton, in Greene county, and

1856. 262

to survey and determine the line of said road upon such
route between said points as the said company shall deem
most eligible: and the said company are further authorized to
use and operate said railroad, and shall have power and
authority to regulate the time and manner in which goods
and effects and persons shall be transported on the same,
and prescribe the manner in which said railroad shall be

u»»cof toll, (rt«. used, and the rate of toll for the transportation of persons
and property thereon, and for the storage of merchandise
and other property under their charge, and shall have pow-
er to provide all necessary stock and materials for the
operation of said road, and shall have power to erect and
maintain all necessary depots, stations, shops and other
buildings and machinery for the accommodation, manage-
ment and operation of said road.

Surrey wij rich*. § 7, That Said compauy are hereby authorized, by their
engineers and agents, to enter upon all lands for the pur-
pose of making the necessary surveys and examination of
said road, and to enter upon and take and hold all lands
necessary for the construction of said railroad and its ap-
pendages, first making just and reasonable compensation
to the owners of said land for any damages that may arise
to tliem from the building of said railroad; and in case said
company shall not be able to obtain the title to the lands
through which the said road shall be laid by purchase or
voluntary cession the said company are hereby authorized
to proceed to ascertain and determine the damages sus-
tained by such owner or owneis in the manner and upon
the principles provided by the ninety- second chapter of
the Revised Statutes of this state entitled " right of way :"
^ Provided., that after the appraisal of damages, as provided

in said statute, and upon the deposite of the amount of
such appraisal in the office of the clerk of the circuit
court of the county wherein such lands may be situate,
the said company are hereby authorized to enter upon
such lands for the construction of said road.

i>»wert.. borrow § 8. The Said compauv are authorized and empowered
to borrow, trom time to time, sucii sum or sums or money,
not exceeding the amount of capital stock of said com-
pany, as, in their discretion, may be deemed necessary to
aid in the construction of said road, and to pay any rate
of interest tlierefor, not exceeding ten per cent., and to
pledge and mortgage the said road and its appendages or
any part thereof or any other property or effects, rights,
credits or franchises of tlie said company as security for
any loan of money and interest thereon, and to dispose of
the bonds issued for such loan at such rates or on such
terms as the board of directors may determine.

fltehwajr? sDd ^ 9. Said company shall be bound to repair all public

water courte*. i . i i ■ i '^ "^i i . ' i i •

highways, bridges and water courses which may be m-

mz 1855.

jUred in constructing said railroad or its appendages, and
shall restore them, as far as practicable, to as good a con-
dition as they were before they were injured by reason of
the construction of said road.

§ .10. It shall be law/ul for the said company to unite uniori witu oui«
with' any other railroad company which may have been or
may hereafter be incorporated by this state, and to grant
to such company the right to construct and use any por-
tion of said road hereby authorized to be constructed up-
on such terras as may be mutually agreed upon between
said companies; also, the right to purchase or lease all
or any part of any other railroad which is or may be here-
after built in this state, upon such terms as may be mutu-
ally agreed between the said companies-

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

§ 12. The said company shall be allowed three years "^i™*
from the passage of this act for the commencement of the
construction of said railroad and ten years for the com-
pletion of the same.

§ 13. This act shall be deemed and taken as" a public Puwteact.
act, and shall be construed beneficially for all purposes
herein specified or intended.

Approved Feb. 13, 1855.

ccar-

AN ACT to eoustruct a rsilroad from Joliet to Chicago. In force FcV.. i6.

I.SSfi.

Section 1. Be it enacted by ike people of the state of
lilinois, represented in the General <.8.ssemhly ^ That Hi-
ram Norton, Robert Milne, George Barnet, William Good- corporatovs.
jng and Joel Manning and tlieir associates, successors and
assignees are hereby created a body corporate and politic,
under the name and style of "The Joliet and Chicago R. >:ame xndttTi?.
R. Company,'' for the term of thirty years, and by that
name be and they are hereby made capable, in law and in GeBwaip.vfer.
equity, to sue and be sued, plead and be impleaded, de-
fend and be defended in any court of law and equi-
ty in this state or in any other place; to make, have
and use a common seal, and the same to renew and
alter at pleasure^, and shall be and are hereby vested

1855. 264

with all the powers, privileges and immunities which are-
or may be necessary to carry into effect the purposes and
objects of this act, as hereinafter set forth; and the said
company are hereby authorized and empowered to locate,
construct and finally complete a R. R. from the depot of
the Chicago and Mississippi R. R. company, at the city
of Joliet, in Will county, through the incorporated village
of Lockport, in the same county, to the city of Chicago^
in the county of Cook, or to any railroad leading out of
Chicago and north of Lockport, and for this purpose the
said company are authorized, upon the most eligible and
proper route, and as above directed, to lay out their said
R. R., wide enougii for a single or double track, through
the whole length, and for the purpose of cuttings, em-
bankments, stone and gravel, may take as much land as
may be necessary for the proper construction of and se-
curity of said railroad.

gftpiuii »vj4k. § 2. The capital stock of said company shall consist
of one million of dollars, and may be increased to fifteen
hundred thousand dollars, to be divided into shares of one
hundred dollars each. The immediate government and
direction of said com|)any shall be vested in five directors^
who shall be chosen by the stockholders of said company
in the manner hereinafter provided, who shall hold their
offices for one year after their election, and until others
shall be duly elected and qualified to take their places as
directoTSy and the said directors, a majority of whom shall
form a quorum for the transaction of business, sliall elect
one of their number to be president of the company; that
said board of directors shall have power to appoint all ne-
cessary clerks, secretaries and other officers necessary in.
the transaction of the business of laid corporation.

^•ke extmina- § S. The Said corpo?ation is hereby authorized, by

"^>*"'* *'^^° their agents, surveyors and engineers, to cause such ex-
aminations and surveys to be made of the ground and-
country between said city of Joliet, through the said vil-
lage of Lockport, and Chicago as shall be necessary to
deterr.iine the most advantageous route for the proper

UiMmx jTsy.- iins or course whereon to construct their railroad; and ii^
shall be lawful for said company to enter upon and take
possession of and use all such lands and real estate as may
oe necessary for the construction of and maintainance of

i»dTt*K their said railroad : Provided, that all lands or real estate

entered upon and taken possession of and used by <aid
corporation for the purposrs and accommodation of said
railroad, or upon which the site for said railroad shall have
been located and determined by the said corporation, sij^li

•wsMe*' be paid for by the said company in damages, if any be

sustained by the owner or owners thereof by the use of
tke same for the purposes of said railroad; and all landfr

265 1856.

taken and entered upon for the use of said corporation
which are not donated to said company sliall be paid for
by said corporation at such prices as may be mutually
agreed upon by said corporation and the owner or owners
of such land; and in case of disagreement, the price shall
be estimated, fixed and recovered in the manner provided
for taking lands for the construction of public roads, ca-
nals or other public works, as prescribed by the act con-
cerning right of way, approved March third, 1845.

§ 4. If any person shall willfully, maliciously, or wan- p«b»i««»-
lonly and contrary to law, obstruct the passage of any
car on said railroad, or any part thereof, or any thing
belonging thereto, or shall damage, break or destroy any
part of the said railroad, or any implements or build-
ings, he, she or they, or any person assisting shall forfeit
and pay to the said company for every such offence treble
the amount of damages that shall be proved before any
competent court has been sustained, and be sued for in the
name and behalf of said company, and such offender or
offenders shall be deemed guilty of a misdemeanor and
shall be liable to an indictment in the same manner as
other indictments are found in any county or counties
where such offence shall have been committed; and upon
conviction every such offender shall be liable to a fine, not /

exceeding five thousand dollars, for the use of the county
where such indictment may be found.

§ 5. The time of holding the annual meeting of said Annnti R«««te«e
company for the election of directors shall be fixed and
determined by the by-laws of said company ; and at all
meetings each stockholder shall be entitled to a vote in
person, or lawful proxy, one vote for each share of stock
he, she or they may hold bona fide in said company.

5 6. ihe persons named in the first section of tliis act CommiMion»«

■>,, 'ii •• 1 ■• ^ obtain 6«b-

are hereby appomted commissioners, who, or a majority "scnptiom.
of whom, are hereby authorized to open subscription
books for said stock at sucli places as they may deem
proper, and shall give at least thirty days' notice of the
time and place, v/hen and where such books will be open-
ed, in some newspaper having a general circulation, and
printed in the cities of Chicago and Joliet, and shall keep
said books open until the whole of said capital stock shall
be taken; said commissioners shall require each subscri-
ber to pay five dollars on each share subscribed at the
time of subscribing; the said commissioners shall call a
meeting of stockholders by giving thirty days' notice ir^
newf^papers having a general circulation in the cities of
Chicago and Joliet, and at such meeting it shall be lawful
to elect the directors of said company; and when the di-
rectors of said company are chosen, the said commission-
ers shall deliver said subscription books, with all sums of
l&oney received by them as commissioners, to said direc-

266

tors. No person shall be a director unless he own at least

ten shares of the capital stock.
&«*i Mute pnr- § 7. That the righ-t of way and the real estate pur-

»ft»y!*"^"^' chased for the right of way by said company, whether by
mutual agreement or otherwise, or which siiall become
the property of the company by operation of law, as in
this act provided, shall, upon the payment of the amount
of money belonging to the owner or owners of said lands,
as a compensation for the same, become the property •£
said company in fee simple.
flr«Mporution. § 8. The Said corporation may take and transport up-
on said railroad any person or persons, merchandise or
other property, by the force and power of steam or ani-
mals, or any combination of them, and may fix, establish
and take and receive such rates of toll for all passengers
and property transported upon the same as the said direc-
tors shall from time to time establish; and the directors
are hereby authorized and empowered to make all neces-
sary rules, by-laws, regulations and ordinances that they
may deem necessary and expedient to carry into effect the
provisions of this act, and for the transfer and assignment
of its stock, which is hereby declared personal property,
and transferable in Fuch manner as shall be provided by
the by-laws and ordinances of said corporation.

r>ir«otor«totp«n § 9. The directors of said company, after the same is

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

prescribed in the sixth section of this act, to fill up the
additional five hundred thousand dollars of stock or any
part thereof, at such time a.s they may deem it for the in-
terest of said company; and all the installments required
to be paid upon the stock originally to be taken, and what
may be taken to increase said capital, shall be paid at such
times and in such suras as said directors may prescribe.

9»-nn u borrow g jQ. The Said company are authorized and empow-
ered to borrow, from time to time, by the sale of bonds or
otherwise, such sum or sums of money, not exceeding the
amount of the capital stock of said company, as in their
opinion may be deemed necessary for the purchase of
iron and depot grounds and generally for the construc-
tion and occupancy of said road; which bonds may bear
any rate of interest therefor not exceeding ten per cent.,
/ and to pledge and mortgage the said road and its append-

ages or any part thereof, or any other property or effects,
rights, credits or franchise of the said company, as secu-
rity for any such loan of money and interest thereon, and
to dispose of the bonds issued for such loan at such rates
or on such terms as the board of directors may deter-
mine.

ir*MB«iM. § 11. In case of the death, resignation or removal of

the president, vice-president or any director at an* time

267 1855.

between the annual elections, such vacancy may be filled
for the remainder of the year, whenever they may happen,
by the board of directors; and in case of the absence of
the president and vice-president, the board of directors
shall have power to appoint a president 'pro tevipore^ who
shall have and exercise such powers and functions as the
b}-laws of the said corporation may provide; in case it
should at any time happen that an election shall not be
made on any day on which, in pursuance of this act, it
ought to be made, the said corrporation shall not for that
cause be deemed dissolved, but such election shall be held
at any other time directed by the by-laws of said corpo-
ration.

5 12. That when the lands of any femme covert, per- ttnae oi /e«M»#

0 . "^ r 1 • covtrt or non

8on under age, non compos mentis, or out of this state, compos mentis.
shall be taken in the construction of said railroad, as is
provided by this act, the said corporation shall pay the
amount that shall be awarded as due to the said last men-
tioned owners respective!)', whenever the same shall be
lawfully demanded, together with six per cent, per an-
num; that to ascertain the amount to be paid to the per-
sons named in this section, for lands taken for the use of
said corporation, it shall be the duty of the governor of
the state, upon notice given to him by the said corpora-
tion, to appoint three commissioners, to be persons not in-
terested in the matter to be determined by them, to de-
termine the damages which the owner or owners oi the
land or real estate so entered upon by said corporation
has or have sustained by the occupation of the same; and
it shall be the duty of the said commissioners, or a ma-
jority of them, to deliver to said corporation a written
statement of the award or awards they shall make, with
a description of the land or real estate appraised, to be
recorded by the said corporation in the clerk's office of
the county in which the land or real estate so appraised
shall be, and then the said corporation shall be deemed to
be seized and possessed of the fee simple of all such lands
or real estate as shall have been approved by the said
CQmmissioners.

§ 13. That whenever it shall be necessary for the con- mteriwrtioDi.
struction of said railroad to intersect or cross any water
course or railroad or highway, it shall be lawful for the
corporation to construct their railroad across or upon the
same : Provided, that the corporation shall restore the
water course, railroad or highway thus intersected to its
former state, or in a sufficient manner not to have impair-
ed its usefulness.

§ 14. That the capital stock of said company shall be ^lH'^^ *****
deemed personal property and transferable in such man- »iK9p«f»y-
ner as the said corporation shall by its by-laws prescribe.

1856. 268

H»y.uent of c»pi- § 15. That it shall be lawful for the directors to re-

t&l stock. ? 1 -i 1 1 • 1 i_

quire payment of the sums subscribed to tlie capital stock,
and such times and in such proportions and on such con-
ditions as they shall deem fit, under the penalty of for-
feiture of all previous payments thereon, and shall give
notice of the payments thus required and of the time and
place when and where the same are to be paid, at least
ninety days previous to the payment of the same, in some
public newspaper having a general circulation in the cities
of Chicago ana Joliet.

w!auiofr«»a. ^ 16. The width of said railroad is to be determined
by the said corporation within the limits prescribed by the
first section of this act.

B«ion with othM ^ 17. It shall be lawful for the company created by
this act to unite with any other railroad company which
may have been, or liereafter shall be incorporated by this
state under any law thereof, and to grant to any such
company the right to construct and use any portion of the
road hereby authorized to be constructed upon such terms
as may be mutually agreed upon between said compa-
nies.

?<*iic««t. § 18. This act shall be deemed and taken as a public

act, and shall be construed beneficially for all purposes
herein specified or intended; and the said company shall
commence the said work within two years and complete
tke same within five years from the passage of this act.
Approved Feb. 15, 1855.

*o^«o«Fei»' 1*5 AN A.CT to authoriM tht pjrehastra jf ae«rt»in railroad therein nam«d t«
*■ beoome a csrporstion.

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

"^ Illinois, represented in the General Jissembly, That if the

mortgage or trust deed bearing date on the first day of Ju-

tTor.oiotfurs of ly, A. D. 1853, given by the Illinois and Wi.^consin Rail-
ikortgtge. xod^A Coraj)any to David Headley, J. Earll Williams and
J ilius Wadsworth, as trustees, shall be foreclosed, either
by bill in chancery or by publication of notice, as in said
instrument provided, by said trustees, their survivors or
successors, and if the railroad of said company, together

^Lo ^y inuu«i. yy^ith its franchises and rights in said instrument described
shall be sold by said trustee-?, their survivors or successors,
pursuant to such foreelosure, or the terms of such instru-
ment, the purchaser or purchasers of said railroad and its
appurtenances shall, before being permitted to occupy, u^e
and operate said railroad or exercise any of its franchises

269 1865.

of said company, be required to file in the office of the secre-
tary of state cf this state a duplicate of the deed or deeds of Dupiu»i*.
conveyance executed to him or them by said trustees; and
also, within sixty days after the execution of said deed or
deeds of conveyance, said purchaser or purchasers shall
proceed to appoint or elect a board of at least seven di- aiect aireek,™.
rectors to manage the affairs of said road, a certificate of
whoae appointment shall be signed by the said purchaser
or purchasers, his, her or their executors or administra-
tors, and filed in the office of said secretary of state; and
said purchaser or purchasers, his or their executors, ad-
ministrators, successors or assigns shall, upon the filing of
said duplicate deed or deeds and certificate, become a B»Gome « am
body corporate and politic, and shall succeed to and have pom^f** "*
and possess all the rights, franchises and powers which are
or may be vested in said Illinois and Wisconsin Railroad
Company by virtue of a 13 law or laws of this state, with
power to fix upon the name of said corporation, the num- jimaBieci ooi-
ber of its directors, not exceeding nine, and their qualifi-
cations and term of office ; to fix the amount of the capi-
tal stock of said company, and divide, transfer and increase
the same.

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

Approved Feb. 14, 1855.

pOTBtloB.

AN ACT to iDoorpoTtU <he Roekfard Central Riilreid C«mp«njr. *■ '*"?!'**'• **'

1859.

Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly, That Da-
vid S. Penfield, Robert P. Lane, Wait Talcott, Jason corpoMtow.
Marsh, Eleazer H. Potter, Melancthon Starr, Gurdon
Grant, Horace Miller, Livingston Compton, Thomas D.
Robertson, Charles H. Spafford, Robert Ogilby, James
Brice, T. B. Blackstone and Asa Crosby are hereby made
and constituted a body corporate and politic, by the name
and style of " The Rockford Central Railroad Company," N»me»B< itru.
with perpetual succession, and by that name and style
shall be capable, in law, of taking, purchasing, holding, «««»! rtwen.
leasing selling and conveying estate and property, whether
real, personal or mixed, so far as the same may be neces-
sary for the purpose hereinafter mentioned and no further;
and in their corporate name to sue and be sued, to have a
common seal, which they may alter or renew at pleasure,
and may have and exercise all powers, rights, privileges
and immunities which are or may be necessary to carry

1866. 270

into effect the purposes and object of this act as the same
are hereinafter set forth.

Poww to «m- § 2. The saia company are hereby authorized and em-
powered to locate and from time to time to alter, change,
relocate, construct, reconstruct and fully to finish, perfect
and maintain a railroad, with one or more tracks, com-
mencing at or near Mendota, on the Illinois Central Rail-
road, or any other railroad now built or that may hereaf-
ter be built in La Salle or Bureau counties; thence on the
most eligible route to the town of Lane; thence to the
Chicago^ St. Charles and Mississippi Air Line Railroad, in
township forty- one or two, range one or two east of the third
principal meridian; thence through the township of New
Milford, to the city of Rockford, on the eastside of Rock
river, continuing on the east side or crossing said river from
the east side, north of State street, in said city; thence to
the village of Rockton ; thence to some point or points on
the north line of this state, in Winnebago county, there to
connect with any road or roads that are or may hereafter
be constructed within the state of Wisconsin, to said state
line; and the said company are further authorized to use
and operate said railroad, and shall have power and au-
thority to regulate the time and manner in which goods,
effects and persons shall be transported on the same, and
to prescribe the manner in which said railroad shall be
used and the rate of toll for transportation of persons or
property thereon and for the storage of merchandize and
other property under tiieir charge, and shall have power
to provide all necessary stock and materials for the opera-
tion of said road, and shall have power to erect ?nd main-
tain all necessary depots, stations, shops and other build-
ings and machinery for the accommodation, management
and operation ot said roaid.

B»aniof.iiiectort R 3. The foUowing named persons shall constitute the
first board of directors, to wit : David S. Penfield, Robert
P. Lane, Wait Talcott, Jason Marsh, Eleazer H. Potter,
Melancthon Starr, Gurdon Grant, Horace Miller, Living-
ston Compton, Thomas D. Robertson, Charles H. Spafford,
Robert Ogilby, James Brice, T. B. Blackstone and Asa
Crosby. Said directors shall organize the board within
three months from the passage of this act, by electing one

Biact pn^mm of their number president and by appointing a secretary

•Qd other offlcert ^^^ treasurer; and the directors present shall certify the
said organization, under their hands; which certificate
shall be recorded in the record book of said company, and
shall be sufficient evidence of the organization of said
company. The directors herein named shall hold their
office until the first Wednesday in October following their
organization and until their successors are elected and
qualified, as herein provided for. Vacancies in the board

271 185&.

may be filled by a vote of two-thirds of the directors re-
maining at any regular meeting of the board or at any
special meeting called for that purpose.

§ 4. The within named directors shall, within twenty snbscripti»B ^
days after their organization, give at least thirty days' no- "*^
tice of the time and places along the line of said road
where books will be opened for the purpose of procuring
subscriptions to the capital stock of said company; and
said directors shall continue to receive subscriptions,
either personally or by such agents as they shall appoint
for that purpose, until the sum of one hundred thousand
dollars shall be subscribed and five per cent, paid thereon;
and as soon as said sum of one hundred tiiousand dollars
is subscribed and five per cent, paid thereon said direc-
tors or their successors may proceed, by their engineers Surrey «Dd u^
and agents, to survey, locate and construct said railroad.
Certificates of stock shall be signed by the president and
countersigned by the secretary and treasurer of said com-
pany, each of whom shall keep a fair record of the same,
which shall be subject to the inspection of any stock-
holders.

^ 5. The said board of directors and each succeeding Election oi aires -
board shall give at last thirty days' notice, previous to the
first Wednesday in October of each year, of an election
by the stockholders of a board of fifteen directors, at
least eleven of whom shall be chosen from stockholders
resident within the counties through which the road is lo-
cated. All elections for directors shall beheld at the city
of Rockford. At any election held lor directors each
•hare of stock shall be entitled to one vote, to be given
either in person or by proxy; and the persons receiving
the largest number of votes to be declared duly elected
and to hold their office until the next election and until
their successors are elected and qualified. All elections
for directors to be conducted by three judges selected by
the stockholders present. No stockholders shall be allow-
ed to vote at any election after the first for any stock
which shall have been assigned to him within thirty days
previous to said election, or for any stock upon which
there are any due and unpaid installments.

§ 6. If anv board of directors fail or refuse to give secretary to gir^

. i". , . • f ^ r- ^ !!• notice oi ftQB««l|

notice at the time herein specified lor the annual election eiecttone.
of directors then any five stockholders may, in writing,
require the secretary to give thirty days' notice, and it
shall be his duty to give said notice, so required, for any
election of directors, and at the expiration of the time the
•tockholders present shall proceed and elect directors as
herein provided fo*" the election of directors; and the di-
rectors so elected shall constitute the l^gal board.

1865. 272

offl«€siobeioca- § 7 The general officers of the Company shall be loca-
Hookford. ted in the city of Rockford, where all the books of record

shall be kept and the general business of the company
transacted. There shall be kept at the secretary's office,
in the city of Rockford, a full record of the name and res-
idence of each stockholder and the number of shares held
by each. Said record shall at all times, during business
hours, be subject to the inspection of any stockholder.
r»pit»i sfock. § ^' "^^^ capital stock of said company shall be one

million of dollars, which shall be divided into shares of
one hundred dollars each, and may be increased from time
to time, by vote of a majority in interest of stockholders,
at their annual meeting or at any special meeting called
for that purpose by tlie directors of said company, to any
sura requisite for the completion ofsnd railroai. Pre-
vious to a vote being taken for an increase of the capital
stock the directors shall give a full statement of the ob-
jects for wliich said increase is required; -Iso, make a full
report of the condition and affairs of the company. The
shares in said company shall be deemed and considered
personal property.
Authoriied to § 9- It shall be lawful for all persons of lawful age or
M*Mribe »tcek. f^j. t}jg agents of any corporate body duly authorized, in
behalf of the same, to subscribe to any amount of capital
Provuo stock : Provided^ that the directors of said corporation

may, at their discretion, limit the amount of stock that
any, person, corporation or any agent may subscribe in
their own name or in the name of any other person.
p»yni?iito< «nb- § 10. It shall be lawful for the directors to make calls
'"'""" UDon the sums subscribed to the capital stock of said com-

pany at such time or times and in such amounts as they
shall deem fit, giving at least thirty days' notice of eacfi
of said calls; and in case of failure on the part of any
stockholders to make payment of any call by said direc-
tors for sixty days afler the same shall have beycome due
the said board of directors are hereby authorip!ed to de-
clare said stock so in arrears and all sums p^d thereon
forfeited to said company, or to recover such unpaid sum
or sums in an action of debt, in any court having juris-
diction thereof.
AoUiorised to § 11. And the Said compauy are hereby authoHzed, bj
~ " their engineers and agents, to enter any lands for the purpose

of making the necessary surveys and examinations for said
road, and to enter upon and take and hold all lands necessary
for the construction of the said railroad and its appendages,
first making just and reasonable compensation to the own-
ers of said land for any damage that may arise to them from
the building of said railroad; and in case the said compa-
ny shall not be able to obtain the title to any lands or
j)jemises which may be necessary for the purposes of said

s«rlptioD.

aike iiiryeT.

273 1855.

road and its appendages by purchase or voluntary cession
the same may be obtained in the mode provided by the
provisions of the twenty- second section of an act entitltd
"An act to provide for a general system of railroad incor-
porations," passed Nov. 5th, A. D. 1849 • Provided, that
after the appraisal of damages in pursuance of said act and
upon deposit of the amount of such appraisal in the office
of the clerk of the circuit court of the county wherever such
lands may be situate the said company shall be authorised
to enter upon such lands for the construction of said road.

§ 12. The said company are authorised and empower- Pswert* lorrcw
ed to borrow, from time to time, such sums of money, "*"" ^'
not exceeding double the amount of stock subscribed,
and upon which at least twenty-five per cent, shall
have been paid, as may be necessary for constructing, com-
pleting and finishing or operating said railroad, and to is-
sue and dispose of their bonds, in denominaiions of not less
than five hundred dollars, for any amount so borrowed, and
to pay any rate of interest therefor, not exceeding ten per
cent., and to pledge and mortgage the said road and its ap-
pendages or any part thereof or any other property or
effects, rights, credits or franchises of the said company, as
security for any loan of money and interest thereon, and to
dispose of the bonds issued for such loan at such rate and
on such terms as two- thirds of the directors may deter-
mine.

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

§ 14. Said company shall have power to make, ordain By-iawt.
and establish all such by-laws, rules and regulations as
may be deemed expedient and necessary to fulfill the pur-
pose and carry into effect the provisions of this act and for
the well ordering and securing the affairs and interest of
said company : Provided^ that the same be not repugnant
to the constitution and laws of the United States or of this
state. This act and all by-laws that may be adopted by
the directors of said company and all additions or altera-
tions thereto shall be printed in convenient form and dis-
tributed among the stockholders of said company.

§ 15. It shall be lawful for any fifteei. stockholders, by Special mpttinfrf
giving thirty days' notice, stating the objects, to call a
meeting of the stockholders of said company; and the sec-
retary of said company shall certify said call and record
the same, as well as all matters that may be transacted
under such call. The stockholders present under such
call may proceed and appoint from among themselves a
committee of three, with full power to examine all books,
32

1866. 274

, papers and accounts belonging to said company; and said

committee may employ any competent accountant or ac-
countants to aid in said examination; and eaid committee
shall have full power to examine any officer or officers,
agent or agents or employee of said company, under oath,
^ to fie administered by the chairman of said committee, and

said officer, agent or employee shall duly answer all ques-
tions that may be required of them by said committee
touching any matter or matters relating to the affairs of
said company; and the officers and agents of said company
shall aid, as far as in their power, said committee, as they
may require in said examination. The expense of said
examination shall be paid from the treasury of said com-
pany upon warrants drawn upon the treasurer and certi-
fied by said committee; and said committee shall make a
detailed report of said examinations at such time or times
as said stockholders shall direct.

§ 16. Said company shall have the power to unite its
railroad, in whole or in part, with any other railroad or
railroads now constructed or which may hereafter be
ijl^onstructed, either in this state or the state of Wisconsin,
and to grant to any such company or companies the right
to construct and use any portion of said road hereby au-
thorised to be constructed upon such terms as may be mu-
tually agreed between the said company or companies; but
no sale or transfer of the permanent rights, privileges or
franchises of said company in said road or any part there-
of shall be made by the directors of said road without the
assent of a majority of the stockholders in interest, voting
at an annual or regularly called meeting of the stockhold-
ers.

•^.tioe of meeting § 17- Notice shali be published in the papers printed!
to be pubiishei withm the counties through which the said road is located
for subscriptions to the capital stock and elections of direct-
ors and calls for installments to be paid upon capital stock!
and all meetings of stockholders. All matters intended for]
the- action of stockholders by the directors or stockboldersj
authorised to call meetings shali be published in the notic*
given for the meeting before which said matters will bej
brought. I

Kig>wftF« and ^ ^^" The Said Corporation shall be bouud to repair all

%Tuitm. public highways, bridges and water coursed which may be

injured in constructing said railroad or its appendages, and
shall restore them, as far as practicable, to as good a con-
dition as they were before they were injured.

. ,„ & 19. If any person or persons shall do or cause to be

done or aiu m doing or causing to be done any act or acts
whatever whereby any building or construction or work
of said company, or any engine, machine or structure or
any matter or thing appertaining to the same shall be stop-

275 1855.

ped, obstructed, impaired or weakened, injured or de-
stroyed, or engage in any willful act or acts by which said
company are subjected to loss in money or property, the
person or persons so offending shall be deemed guilty of a
misdemeanor, and shall forfeit to the use of said company
a sum three-fold the amount nf the damage or loss occa>
sioned by the act or acts of said person or persons, to be
recovered in an action of debt, in the name of said com-
pany, with costs of suit, before any justice of the peace or
before any court of record in this state.

§ 20. Tlie said company shall be allowed three years Time for c^m-
from the passage of this act for the commencement of said '"'*"'='^"'^" ■
railroad, and in case the same shall not be completed in
ten years thereafter the privileges herein granted shall bo
forfeited.

§ 21. This act shall be deemed and taken as a public Puwicact.
act, and shall be construed beneficially for all purposes
herein specified or intended.

Approved Feb. 15, 1855.

AN ACT to amend the charter of the Cenlrsl Military Tract Railroid Com« rn force Feb. 1 1,

pany.

1855.

Section 1. Be it enacted by the people of the state of
Illinois, representt,d in the General Jissembly, That it
shall not be necessary for a majority of all the stock of the Majority of gtnck
said company to be represented at any meeting of the stock- ^'^ J^^ce^sarj .
holders thereof in order to enable them to transact the bu-
siness of the company, but that it shall be competent for
a majority of all the etock present or represented at any
annual or other meeting of said stockholders to transact
any business proper for their consideration and action.

§ 2. That section eleven of the amended charter of the Ropcak-.i.
said company, approved June 19th, 1852, be and the same
is hereby repealed.

§ 3. That the said company shall have the right and
authority, for the purpose of fully equipping its road, bal-
lasting and perfecting its track and paying its floating debt
and executing its contracts with connecting lines, to bor- Borro-.rmjn-y.
row money at such rate of interest as maybe found neces-
sary and deemed expedient, and may issue its bonds therefor,
with interest coupons attached, bearing interest at rates not
exceeding ten per cent., and may sell the same at such pri-
ces and at su^h a discount as may be found expedient for
the interest of the company, in the judgment of the board
of directors, and may mortgage their corporate property

1855. 276

and franchises to secure the payment of the same, subject
to all prior incumbrances executed by said company, which
are hereby declared to be good and valid.

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

Approved Feb. 14, 1855.

la lurceFeb. lb, AN ACT 'o atneit-l an act entitled "An act io incorporate the Wab8»}i
1^55. Valley Railroad €• mpany, and to regulate tlie capital stock of other

railroads," approved Jnly 22d, 1852.

Section 1. Be it enacted by the people of the state oj
Illinois, represented in the General Jlssemhly, That the

Hoard of direct- Organization of the board ol directors of said companvj
"^'*' and the official acts of the president and directors of said

Actiegaiizea. Company, are hereby legalized and made binding in law
and equitv.

Counties 0 iBBce § 2. Be it Jitrther enacted, That it shall be the duty
bonds. ^£ Ijjg several county courts of the counties of Edgar,

Clark, Crawford and Lawrence, to issue the bonds of their
respective counties to said company for fifty thousand
dollars for each county, upon such terms as to time of
payment and interest, as they maj deem advisable : Pro-

pniviso. vided^ that before such bonds shall be issued or delivered

to said company, said courts shall respective!} cause a
vote of the legal voters of said counties to be taken, as in
other cases of special election, at the usual places of

Vote lor or a- holding elcctious in said counties; at which election the

^unds. """'" voters shall vote for or against the proposition; and if a
majority of the votes cast at said election shall vote for
the subscription or proposition, then it shall be deemed
legal, and shall be the duty of the county courts to issue
their bonds to said company, in conformity with said prop-
osition. The election notice herein required, shall, with
common certainty, give the substance of the proposition
so submitted.

ui case of fail- § 3. Should Said proposition fail to receive a majority

Ka^i'i "ubmitud". of the votes so cast, as aforesaid, the same may be again
at any time, in like manner, submitted to any special or
general election. Nothing ccnttiined in the act entitled
"An act supplemental to the act entitled 'an act to pro-
vide for a general system of railroad incorporations,' "
approved Nov. 6th, 1849, or the act to which the same is
an amendment, shall be held to govern or control the pro-
visions of this act.

277 1856.

S 4. Said company shall have full power and authority Power to sue u.r

. r J U'i.- 'ill i. and recover suli-

to sue for and recover any subscription or mstauiaents scnptious.
tliereouj which shall be ordered to be paid by the board-
of directors of said company, and may sue for and recov-
er such subscriptions or installments, ordered to be paid
thereon, as aforesaid, before any justice of the peace of
the county where the defendant resides, or maybe found :
Provided, the amount claimed by said company on such
subscriptions or installment-; does not exceed one hundred
dollars.

§ 5. Be it further enacted.) That it shall be the duty of county court t.>
the county court of Edgar county to issue the bonds of
said county for fifty thousand dollars, upon such terms
and provisions as iii set forth in section 3 and 4 of this act,
to any railroad company that is now formed, or may here-
after be formed for the purpose of constructing a railroad,
either in a northerly or northeasterly direction from the
town of Paris, in Edgar county. •

§ 6- Be it further enacted^ That in case the county Lawrence county
of Lawrence shall within three months from the passage
of this act take and subscrih^^ one hundred thousand dol-
lars to the capital stock of sai i road, and issue the bonds
of said county for the same, iij)on such terms as said
county and sad company may agree, then, in that case,
said company shall and is hereby vestfd with full power Construct a rail-
and authority to make and construct said road from Pales-
tine, in Crawford county, to Lawrenceville, in Lawrence
county, instead of Vincennes, in the state of Inli ana; and
for that purpose said company shall have all the rights,
power and privileges conferred upon said company by the
act to which this is an amendment.

§ 7. This act to take effect and be in force from an 1
after its passage.

Approved Feb. 15, 1855.

AN ACr to incorporate the (Uiicago and De3i)iaine Railroad Coo-jpany.

Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly, That all
such persons as shall become stockholders, agreeable to
the provisions of this act, in this corporation hereby cre-
ated, shall be, and for the terra of sixty years from and
afler the passage of this act, shall continue to be a body
corporate and politic, by the name of " The Chicago and ^*°^^ """' ''•^'*''
Despiaine Railroad Company;" and by that name shall have
succession for the term of years above specified; may sue

1866. 278

Gncrai puwers. and be sued, complain and defend in any court of law or
equity; ma\ make and use a common seal, and alter the
same at pleasine; may make by-laws, rules and regula-
tions for the management of property, the regulation of
its affairs, and for the transfer of its stock, not inconsist-
ent with the existing laws and the constitution of this

iiiiicers. State, or of the United States; and may moreover appoint

such subordinate agents, officers and servants as the busi-
ness of said company may require, prescribe their duties,
and require bonds for the faithful performance thereof.

toiiiiiiibsionorf. § 2. H. N. Heald, John C. Haines, F. C. Sherman,
Joiin Shaffer, John Easton, Lewis G. Schenck, J. H.
Foster, James Hutchinson, Hurlbut Swan, John Gage,
Nathaniel Vose, George Hale, Rev. W. B. Dodge be and
they are hereby appointed commissioners for the purpose
of procuring subscriptions to the capital stock of said

Open books. Company, whose duty it shall be to open books for that
purpose! giving notice of the time and place when and
where said books will be opened, at least thirty days pre-
vious thereto, by publication in some newspaper printed

commisti. uers to Jq Chicago and VVauketran. The said commissioners, or

iittend and re- . . ^ „ , in i • i

rpive sabscrip- a majority oi them, shall attend at the place appomted
for the opening of said books, and shall continue to re-
ceive subscriptions, either personally or by such agents
as they shall appoint for that purpose, until the sum of
twenty-five tliousand dollars is subscribed; and as soon as

Givt notice. said sum is subscribed, the said commissioners shall give
twenty cays' notice, by publication in a newspaper printed
in Chicago and Waukegan, of an election by said stock-

Eitct directors, jioldcrs of a board of directors, as hereinafter provided,
for the management of said company. At such time and
place appointed for that purpose, the commissioners, or a

Inspectors of e- majority of them, shall attend and act as inspectors of
said election, and the stockholders present shall proceed
to elect thirteen directors, by ballot; and the comraission-

certify result oi ers present shall certify the result of such election, under

(fertmcste to be their hands, which certificate shall be recorded in the

recorded. rccord book of Said company, and shall be sufficient evi-

dence of the election of the directors therein named. The

T^rmofofflce. directors thus elected shall hold their offices for one year,
and until their successors are elected and qualified.

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

lion live hundred thousand dollars, which shall be divided in-

Mar be incrtascd to sliares of One hundred dollars each, and may be increased
by the directors of said company to any sum not exceed-
ing two millions five hundred thousand dollars, if neces-
sary to complete the work herein authorised; and the same

jv.n-dor directors shall be Subscribed for and taken under the direction of
the board of directors of said company, in such time
and place and manner as the said directors shall, trom

279 1855.

time to time, direct. The shares in said company shall be to be considered

' , I .^ personal proper-

deemed and considerea personal property. 'y-

§ 4. The affairs of said company shall be managed by a GovcrumenttoK
board of thirteen directors, to be chosen annually by the of directorB."*'^'^
stockholders from among themselves At all elections for
directors each stockholder shall be entitled to one vote for
each share held by him, and may vote either personally or
by proxy, and a plurality of the votes given at any election
shall determine the choice; and no stockholder shall be
allowed to vote, at any election after the first, for any stockholder.
stock which shall have been assigned to him within thirty
days previous to said election. The directors shall hold Term of office.
their offices for one year after election, and until their suc-
cessors are elected and qualified, and shall elect one of Elect presidcm*.
their number president of said board ; and in case of any
vacancy occuring in said board of directors, between vacancies.
elections, the same may be filled by the board at any legal
meeting of the directors ; and the person so electe^ to fill
the vacancy shall hold his office until the next annual
meeting of the stockholders. In case of the absence of the
president, the directors shall have power to elect a presi-
dent/>ro tempore^ who shall exercise, for the time being,
all the legal powers of the president of said company.

6 5. It shall be lawful for the directors to make calls ^''■f,«^'o"'"°iai'«
upon the sums subscribed to the capital stock of said subscribed.
company, at such time or times, and in such amounts (not
exceding ten per cent, per month) as they shall deem fit,
giving at least thirty days' notice of each of said calls, in
at least three public newspapers published in this state;
and in case of failure on the part ot the stockholders to
make payment of any call made by said directors, for sixty
days after the same shall have been due, the said board of
directors are hereby authorized to declare said stock so
in arrears and all sums paid thereon forfeited to the said Forfeited.
company.

§ 6. The said company are hereby authorized and em- Locate and oom-

j.i , ij. ji. ji • pl«teroad.

powered to locate, construct and complete, and to main-
tain and operate a raihoad, with a "ingle or double track,
and with such appendages as may be deemed necessary
by the directors for the convenient use of the same, from b^«"i<^*
some point in or near the city of Chicago, thence into
and up t ic valley of the DespUines river, passing through,
or as near as practicable, to Wheeling, in Cook county,
and Half Day and Libertyville, in Lake county, and
thence, in a northerly direction, to the north line of the
state of Illinois. And they are further authorized to sur- sarvey.
vey and determine the lines of said road upon such routes
as the said company shall deem most eligible. And the
said company are further authorized to use and operate
said railroad, and shall have power and authority to regu-

855. 280

^ ' late the time and manner in which goods, effects and per-

rraWsmrtatioii. gong shall be transported on the same, and prescribe the
manner in which said railroad shall be used, and the rate
of toll for transportation of persons and property thereon,
stocftgo of mer- and for tie storage of merchandise and other propeity
ouanusse. under their charge ; and shall have power to provide all

necessary stock and material for the operation of said
road, and shall have power to erect and maintain all
necessary depots, stations, shops and other buildings and
machinery for the accommodation, management and ope-
ration of said road,
.May hold lands § 7. The Said company are hereby authorized, by iheir
°hectl?s\roctfon cngineeis and agents, to enter upon any lands for the pur-
of,&v. pose of making the necessarj surveys and examinations

of said road, and to take and hold ail lands necessary for
the constructiou of said railroad and its appendages, first
owipensation for making lUst and reasonable compensation to the owners of
said lands, for any damages that may arise to them from
the building of said railroad ; and in case said company
shall not be able to obtain the title to the lands through
whicli the said road shall be laid, by purchase or voluntary
cession, the said company are hereby authorized to ascer-
tain and determine the damages sustained by such owner
or owners, in the manner and upon the principles provi-
ded by the ninety-second chapter of the Revised Statutes
Eight of way. of this State, entitled " Riglit of Way:" Provided, that
after the appraisal of damages, as provided ibr in said
statute, and upon the deposite of tlie amount of such ap-
praisal with the clerk of the circuit court of the counly
wherein such lands lie, the said company are hereby au-
thorized to enter upon such lands for the construction of
such road.
K.inovv money. § 8. The Said cjmpany are authorised and empowered
to borrow, from time to lime, such sums of money, not ex-
ceeding the capital stock of the company, as in their dis-
cretion may be deemed necessary, to aid in the construc-
• tion of said road, and pay any rate of interest therefor, not
exceeding ten per cent., and to pledge and mortgage the
said road and its appendages, or any part thereof, or any
other property or effects, rights, credits or franchises of
the said company, as security for any loan of money and
interest thereon, and to dispose of the bonds issued for
such loan, at such rate or on such terms as the board of di-
rectors may determine.
Kcpdir aii high- § 9- Said corporation shall be bound to repair all pub-
wnys.icc. jj^ higliways, bridges and water courses which may be in-
jured in constructing said railroad or its appendages, and
shall restore them, as far as practicable, to as good a con-
dition as they were before they were injured.

281 1855.

f ^ ^ —

§ 10. It shall be lawful for said company to unite with union with other
any other railroad company which may have hereafter be
incorporated by this state or the state of Wisconsin, on its
route or at the northern terminus, and to grant to any sucli
company the right to construct and use any portion of the
road hereby authorized to be constructed, upon such terms
as may be mutually agreed upon between the said com-
panies, also, the right to purchase or lease all or any part
of any other railroad which is or maybe hereafter built in
the state of Wisconsin, upon such terms as may be mutual-
ly agreed between the said railroad companies.

§ 11. Any person who shall willfully injure or obstruct ^^^^^^'^ "ht'u'
the said road or any part of the appendages thereto shall tions on the
be deemed guilty of a misdemeanor, and shall forfeit to the
use of the company a sum three fold the amount of the
damages occasioned by such injury or obstruction, to be
recovered in any action of debt, in the name of said com-
pany, with costs of suit, before any justice of the peace or
before any court of record in this state.

§ 12. The said company shall allowed three years from ^'me of compi*-
the passage of this act for the commencement of the con-
struction of said railroad, and in the case the same shaU
not be completed in ten years thereafter, the privileges
herein granted shall be forfeited.

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

Approved Feb. 15, 1855.

AN ACT to incorporate the Mound City Railroad Company. In force Feb. 12

185S.

Section 1. Be it. enacted by the people of the state of
Illinois, represented in the General Assembly , That Moses
M. Rawlings, John Hodges, Francis M. Rawlings, William ^°'p°'''*°"'
Burke, Henry F. Delany and Hiram Boren, their associates
and successors, be and they are hereby constituted a body Body politic.
politic and corporate, by the name and style of "The Mound Nam«.ndstyi«.
City Railroad Company," and by that name they and their
successors shall be capable in law of suing and be-
ing sued, in all courts of law or equity, as natural persona;
and they are hereby vest.d with all the powers necessary General poirers.
for purchasing, taking, folding and selling and transfer-
ring property, real and personal, as natural persons, and
sufficient in amount and value, to carry out tne objects of
this act, which are to build, maintain and operate a rail-

1866.

282

Rljlit of w«y.

lowers.

Power tojoiuand
Intersect TUlnoiB
Central road.

In oaae of dlca-
greement.

Board of direct-
ore to be eleoted.

Power of bsard of
dlrectore.

Stock t» be deem-
ed personal pro-
pertj.

road, from Mound City, on the Ohio river, to some point
on the Illinois Central Railroad, in Pulaski county, with
one or more tracks, and with all necessary side tracks,
turnouts, depots, wharves, stations and other buildings,
erections and structures.

§ 2. For the purpose of acquiring the right of way for
the construction of said road, side tracks, and turnouts,
and grounds for depots, wharves, stations, or other build-
ings, erections and structures, and for the purpose of ob-
taining stone, gravel, and other materials for building, bal-
lasting or repairing the same, and of a right of way to said
materials, the said company be and they are hereby author-
ized and empowered to take, condemn and use the same,
under the provisions of "An act to amend the law con-
demning the right of way for purposes of internal improve-
ment," approved June 22, 1852.

§ 3. Said company are hereby authorised and em-
powered to intersect, join and connect with the Illinois
Central Railroad at any point where they may terminate
their said railroad on said Central, upon such terms and
in such mode as the two companies may agree and fix
upon. In case said companies cannot agree upon the
terms or mode of such intersection, junction or connec-
tion, the same shall be made and determined in pursuance
of and conformity with the provisions of the 11th section
of "An act to incorporate the Illinois Central Railroad
Company," approved February 10th, 1851.

§ 4. When stock to the amount of one thousand dollars
per mile of said route has been subscribed, the stockhold-
ers may meet at snch time and place as they may agree on,
and elect a board of as many directors as they shall deter-
mine to appoint, each stockholder for such purpose giving
one vote for every one hundred dollars of stock subscribed
by him.

§ 5. The board of directors shall have power to pass
all by-laws, rules and regulations necessary and which
they may deem advisable for the government and manage-
ment of the affairs and property of the company, not incon-
sistent with the laws and constitution of the state of Illi-
nois. The stock shall be deemed personal property, and
transferable as may be provided by the by-laws. This
shall be noticed as a public act in all courts and places,
without pleading, and take effect from its passage.

Approved February 12, 1856.

283 1855.

AN ACT to amend an act entitled "An act to authorize the construction of ^° '^''ilgg*^* ^^'
the Savanna Branch Rai'road," paised February 12, 1851.

Section 1. Be it enacted hy the people of the state of
Illinois, represented in the General Assembly, That the
time for expending ten per cei t. of the capital stock upon
the Savanna Branch Railroad be and th« same is hereby
extended three years.

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

Approved Feb. 15, 1855.

AN ACT to amend an act entitled "An act to in«orporate the Mieiisaippi ^* ^**\^^^^' *'
and Wabash Railroad Company," approved February lOtb, 1853.

Section 1. Be it enacted by the people of the state of
Illinois, represented in the General »j9ssembly. That the
twelfth line of the second section of the act to which this
is an amendment be and the same is hereby amended so as ■*^™e°<in»e"'-
to read " twenty-five miles," the word " five" to be insert-
ed after the word " twenty," and made part ot said sec-
tior, as tiiough the same had been originally inserted
therein.

§ 2. The said Mississippi and Wabash Railroad Com- Timeof e«mpie-
pany shall be allowed two years, from the passage of this
act, to commence the construction of their said road, and
ten years, from the passage of this act, for the completion
thereof, any thing in the act to which this is an amendment
to the contrary notwithstanding : Provided, however, that Prop's*-
if said company shall not construct and operate their said
road throughout the entire line thereof, within the ten years
specified herein, they shall incur the forfeitures and penal-
ties provided in (he fifteenth section of the act to which
this is an amendment,

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

APPROVED Feb. 9, 1855.

AN ACT to amend an act entitled "An act supplemental to an act entitltd In force Feb. 14,
an act to incorporate the Illinois Central Railroad Company," approved ^^^'

FeBfuary 17th, 1851.

Section 1. Be it enacted by the people of the State of
Illinois, represented in the General *^ssembly, That so
much of said act as provides that the said railroad company

1866. ''284

shall not be permitted to lay out any towns on or near the
A«t rrt|»e»ie(i. ]'h^q of their said railroad, be and the same is hereby re-
pealed: Provided, however, that the said company shall
in no wise be permitted to lay out, directly or indirectly,
any town on or near the line of their said road, except at
such points on the same where their depots are already
located and established.

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

Approved Feb. 14, 1855.

n« f»rca Feb. 14, A.N ACT to amend an act to incorporate the Rockton and Freeport Rail-
^^^' road Company, approved February Iflth, 1853.

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

Illinois, represented in the General Assemhly, That the

name and style of the Rockton and Freeport Railroad Com-

ir»me changed, p^^y fjg and the same is hereby changed to that of the

Racine and Mississippi Railroad Company.

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

Approved Feb. 14, 1855.

wUlsUs.

** '"'^1855*'''*°' ^^ ^^^ to amend an aet entitled" A.n act toaraenilan act entitled an act to
incorporate the Galena and Chicago Union Railroad Company," aporoved
February, 25, 1854.

Section 1. Be it enacted by the people of the state of
Aot rapeaiea., Illinois, represented in the General Assembly, That sec-
tion third of the act to which this is an amendment be and
the same is hereby repealed.
Bell ^ stoam § 2. A bell of at least thirty pounds weight, or a steam
whistle shall be placed on each locomotive engine run by
said company, and shall be rung or whistled at the distance
of at least eighty rods from the place where the said road
shall cross any other road or street, and be kept ringing or
whistling until it shall have crossed said road or street,
under a penalty of fifty dollars for every neglect, to be
paid by said corporation, one half thereof to go to the in-
former, and the other half to the state, and also be liable
for all damages which shall be sustained by any person by
reason of such neglect.

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

Approved Feb. 15, 1855.

285 1865.

AN ACT to (uthorise the Mineral Point Railroad Corap;ui}fo extend their In forceFtb. 16,
railro«d fr m the Wisconsin state line to the Illinois Central Railroad, at '^^''

Warren.

Section 1. Be it enacted by the people of the state of
Illinois, represented in the General %/issembly, That per-
mission and authority are hereby given to the Mineral p©weT to ex»«i<i
Point Railroad Company, chartered by the legislature of ""'='""*'*•
the state of Wisconsin, by an act approved April seven-
teenth, in the year one thousand eight hundred and fifty-
two, to continue and extend their railroad from the divi-
ding line o< the states of Wisconsin and Illinois, by such
route as shall be established by the board of directors of
said company, to the depot of the Illinois Central Railroad,
at Warren, in the county of Jo Daviess, in the state of Illi-
nois, and to unite or connect said railroad with said Illinois
Central Railroad, or to consolidate the said Mineral Point
Railroad Company with the said Illinois Central Railroad
Company, and to take, transport and convey persons and
property upon the said Mineral Point Railroad, by the pow-
er and force of steam or animals or any mechanical power
or combination of the same.

§ 2. The said Mineral Point Railroad Company is here- how r«a! tstat*.
by authorised and empowered to purchase, receive, hold
and convey such real estate as may be necessary and con-
venient in accomplishing the objects and intentions of this
act.

§ 3. The said company is hereby authorised to con- Anthortseci »
struct a railroad, with one or more tracks of suitable width congtruct re*«.
and dimensions, to be determined by the directors of said
company, on the route designated by them, and shall have
power to regulate the time and manner in which goods
and passengers shall be transported, taken and carried on
their road, and shall have power to erect station houses
and other necessary buildings for the accommodation of
their concerns, and also to fix, regJtlate and receive the
charges by them to be received for the transportation of
persons or property on their said road.

§ 4. Whenever it shall be necessary for the construe- May inter.#ct
lion of =aid road to intersect or cross any road or highway »i"J c'cm othec
it shall be lawful fbrthe said Mineral Point Railroad Com- ceeUry.^'' "*"
pany to construct their road across or upon the same; but
the company shall restore such road or highway thus in-
tersected, as near as may be, to its former state, so as not
unnecessarily to impair its usefulness.

§ 5. The said company is hereby constituted and de- Bod? roroorotT
clared to be a body corporate and politic within the state "'"' ^'''*"-
of Illinois, by the name and style of "The Mineral Point
Railroad Company," with perpetual succession, and by
that name shall have all the privileges, franchises, immu-
nities and powers incident to a corporation; and in their

1855. 286

corporate name may sue and be sued, may have a c 'mmon
seal, which they may alter or renew at pleasure, and gen-
erally may do all and singular the matters anl things which
roTiso. to any corporation it shail'lawfully appertain to do : Pro-

videdy said road shall be commenced within four years
from the passage of this act, and completed within eight
years thereafter.

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

Approved Feb. 15, 1855.

AN ACT to amend an act to ii. corporate the Mississippi Railroad Bridge
Company, apprav«d February 11th, 1853.

Be it enacted by the people of the state of Illinois, repre-
sented in the General Jissemhly , That so much of said act
A«t r«pe«ie<j. ^^ requires the said company to commence the said bridge
within two years from the passage of said act be and the
same is hereby repealed, and that the time be extended for
commencing the work on said bridge for four years after
the passage of this amendment.

Approved Feb. 14, 1855.

i« foToe Feb. 16, AN ACT granting additional powers to the Peoria and Oquawka Railroad
1S56. " ' Company.

Section 1. Be it enacted by the people of the slate of
Illinois, represented in the General *issemhly. That the
MftF extend line Peoria and Oquawka Railroad Company shall have the
(rfi»«(i. right and power to survey, locate and construct a branch

or continuation of the Peoria and Oquawka Railroad, from
the town of Farmington, in Fulton county, through or by
way of the town of Canton, in said county, and through or
by way of the town of Macomb, in McDonough county,
and through the town of Carthage, and to the city of War-
saw, in Hancock county, Illinois, and that the said com-
pany shall have the same powers, rights and privileges
over and in relation to said branch or extension of said
railroad as have been granted to said company by the ori-
ginal act of incorporation of said company and the act
amendatory thereof in relation to the portions of said rail'-
Powar to oninrge road; and also, that for the purpose herein mentioned the
.apitai stock, g^jj company shall have power to enlarge the capital stock

287 1865.

of said company by an additional amount of stock, not ex-
ceeding two millions and five hundred thousand dollars.

§ 2. This act to take etfV'ct and be in force from and
after its passage.

Approved Feb. 15, 1856.

AN ACT to confirm the consolidation of certain railroad «ompanie8 therein

named.

Whereas the Mississippi and Rock River Junction Rail- Preambie.
road Company and the Galena and Chicago Union Rail-
road Company did, by certain articles of union, deed,
consolidation, made and executed between them on
the ninth day of January, one thodsand eight hundred
and fifty-five, unite and consolidate their said companies,
charters and franchises; and whereas doubts may arise
as to the sufficiency of said articles of union, deed, con-
solidation; therefore,

Section 1- Be it enacted by the people of the state of
Illinois, represented in the General Jlssemhly, That the
articles of agreement uniting and consolidating the said Articles of con.
Mississippi and Rock River Junction Railroad Company flrmeV*'' *""
and the Galena and Chicago Union Railroad Company,
made and executed by and between the said companies
on the ninth day of January, one thousand eight hundred
and fifty- five, be sanctioned, confirmed and approved, and
henceforward all the immunities, franchises and privileges
granted to either of said companies shall be united and
consolidated in one company, and the capital stock of
both said companies shall be blended in one capital stock,
to be used and applied on any part of the said roads so
consolidated.

Approved Feb. 16, 1855.

AN ACT to amend an act entitled "An act to amend the charter of the Ib force Peb. 14.
Chicago ac d Aurora Railroad Company," approved Fsbruary 28, 1854. •S*^'

Section 1. Be it enacted hy the people of the state oj
Illinois, represented in the General ^^sseinh/y, That sec-
tion two of the said act be and the same is hereby repeal-
ed; and the corporate name of the said company shall be
and is hereby changed to "The Chicago, Burlington and

1855. 288

Quincy Railroad Compeny," by which name and designa-
tion it shall be authorised to contract and carry on its cor-
porate business, and also lo complete and carry out and
execute, and also avail itself of all existing contracts and
the benefits thereof as if the name of said company had not
been changed.

^:i § 2. This act shall take effect and be in force from and

*' after its passage.

Approved Feb. 14th, 1855.

!■ force Feb. 14, AN ACT to amend an act to incorporate the Chicago and Milwaukee Rail-
1S55. road Company.

Section 1. Be if enacted by the people uj the state uf
It/mois, reprefiented in the General t/issembly, That the
Chicago and Milwaukee Railroad Company, incorporated
by an act of the general assembly of this state, approved
February seventeenth, A. D. 1861, is hereby authorised to
increase the number of its directors to thirteen at any an-
nual meeting of its stockholders hereafter to be held.

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

Approved Feb. 14, 1855.

In force Feb. U, AN ACT for the benefit of the Chicago and Aurora, the Central Military
1856. Tract and the'^orthern Cross railroad companies.

Section 1. Be it enacted by the people of the state of
Illinois^ represented in the General %/issembly^ That it
Operating con- shall be Competent and lawful for said companies to enter
iracts. jj^^^ such Operating contract or contracts, by which either

or any two of them may or shall undertake to supply ma-
chinery or rolling stock, upon fair and iust terms, for the
other or others, and for the interchange ot cars and ma-
chinpry, and for such other business arrangements as may
be deemed for their mutual interest and facilitate the trans-
action of their business; and for the purpose of hastening
the completion of ihe said line of roads and its full equip-
ment the said companies and each of them may, for such
consideration and on such terms as may be agreed upon,
Ma^y contract coutract with each other and with any other party or
w.th each other, pyties by which either of said companies or any two

289 1856

of them may obligate themselves, respectively, to aid the

other by a loan of their or either of their credit, or by an

undertaking to guarantee its bonds or to purchase the same,

to such an amount as maybe deemed expedient, or by any

other mode; and all such contracts which have been or may

hereafter be made are hereby confiraied and made valid

and binding on the parties to tiie same, and in case of a ^

breach thereof may be sued upon, at law or in equity, as .^Sj.

in other cases of contract. 1

§ 2. This act shall take effect and be in force from and
after its pa?sa<:;e.

Approved Jan. 16, 1855.

AN ACT to incorporate the Metropolis and Evansrille Railroad Company.

Section 1. Be it enacted by the people of the stale of
Illinois, represented in the General Assenihly, That Wil-
liam McBean, John C. Burden, William K. Brown, Green ciorpofaioH.
B. McKee, George M. Gray, Elijah Smitii, R. A. Peter,
William P. Braner, Benjamin Thompson, Jacob Musselman,
Daniel Boicourt, William Brown, Joseph P. Bowker, John
W. Carmichael, A B. Brown, Wm. Gregg, J. E. Roberts,
G. S. Culley, Joseph W. Becker, Samuel B. Caruth, Jo-
seph Mears, A. M. L. McBane, John J. Crittenden, William
Armstrong, Solomon Litter, C. H. Walbright, Eli J. Gar-
rett, George W. Waters, S. B. Floid, an i such other per- ^
song as may associate with them for that purpose, are
hereby made and constituted a body corporate and politic,
by the name and style of "The Metropolis and Evansville Namo ao<i .tyie.
Railroad Company," with perpetual succession, and bj
that name and style shall be capable in law of taking, pur General puwe...
chasing, holding, leasing, selling and conveying estate and
property, whether real, personal or mixed, so far us the
same may be necessary for the purposes hereinafter men-
tioned, and no farther; and in their corporate name may
sue and be sued; to have a common seal, which they may
alter or renew at pleasure; and may have and exercise all
powers, rights, privileges and immunities which are or may
be necessary to carry into effect the purposes and objects
of this act, as the same are hereinafter set forth : Provided,
said company commence said railroad within three years
and complete the same by the expiration of eight years.

§ 1. The Metropolis and Evansville Railroad Company Locate, Biter and
shall have full power and authority to locate and from time <^i^'«'8«f''*<^-
to time to alter, change, relocate, construct, reconstruct
and fully to finish, perfect and maintain a railroad, with
33

1855. 290

ftoflte. one or more tracks, commencing at Metropolis, on the

bank of the Oiiio river, in the county ot Massac, and run-
ning from thence, on tlie most eligible route, to the east
line of the state of Illinois, in the direction of the city of
Evansville, in the state of Indiana, and to transport, take
and carry property and persons upon said railroad, by
power or force of steam or of animals, or of any mechan-
ical or other power or combination of them which said
company may choose to use or apply; and for the purpose
of constructing said railroad or way said company shall
have authority and power to lay out, designate and estab-
lish their road, in width not exceeding two hundred feet,
through the entire line thereof, and may take and appro-
priate to their own use all sach lands so designated for the
line and construction of said road upon first paying oi ten-
Ui'iiag iherelor such amount of damage as shall have been
settled by appraisal, in the manner hereinafter provided,
on all such lands as may be taken or upon any track which
may be located by said company; and for the purpose of
cuttings and embankments and for the purpose of obtain-
ing of stone, sand and gravel may take and appropriate as
much more of land as may be necessary for the proper con-
struction, maintenance and security of said road; and for
constructing shops, depots and other suitable, proper and
convenient fixtures in connection with and appurtenances

Take anri hold to Said Tailroad may take and have, use and occupy any

laiMii.. lands upon either side of said railroaid, not exceeding two

hundred feet in depth from said raiiroad, said company ta-
king all such lands as gilts, or purchasing or making sat-
isfaction for the same in tiie manner hereinafter provided.

8,sr^e3s. § ^' The Said comp my, and under their direction, their

agents, servants and workmen, are hereby authorised and
empoweied to enter into and upon the lands and grounds
of or belonging to the state or to any person or persons,
bodie* politic or corporate, and survey and take levels of
the same or any part thereof, and to set out and ascertain
such parts as they shall think necessary and proper for
making said railroad, with one or more sets of tracks or
rails, and for all the purposes connected with said railroad,
for which the paid corporation, by the last preceding sec-
tion, is authorised to have, take and appropriate any lands
and to fell and cut down down all timber and other trees
standing or being within one hundred feet on each side of
said line of said railroad, the damages occasioned by the
felling of Sv.ch trees, unless otherwise settled, be assessed

p,y^g„ and paid in the manner hereinafter provided for assessing

and paying damages for lands taken for the use of saia
railroad company; and also to make, build, erect and set
up in and upon the route of said railroad or upon ti^e land
adjoining or near the same all such works, ways, roads

291 1805.

and conveniences as may be requisite and convenient for
the purposes of said railroad; and also, from time to time,
to aker, repair, asnend, widen or enlarge the same or any
of ttie conveniences abovementioned, as vi^eli as for carry-
ing, conveying goods, commodities, timber or other things
to and upon the said railroad or for the carrying or con-
veying all manner of materials necessary for the making,
erecting, finishing, altering, repairing or enlarging the
works of or connected with said railroad, and to contract
or agree with the owner or owners thereof for earth, tim- ,

ber, gravel, stone or other material or any articles what-
soever which may be wanted in the construction or repair
of said railroad or any of its appurtenances, they the said
company doing as little damage as possible in the execu-
tion of the said powers hereby granted, and making satis-
faction, in the manner hereinafter mennoned, for ail dam-
ages to be susiaihed by tlie owui-rs or occupiers of said
land.

§ 4. The said company shall have power and authori- Receive and boM
ty to receive, take and hold all such voluntary grants and 8'^-«"*»'**'
donations of land and real estate for the purposes of said
railroad as may or shall be made to said company to aid in
the construction, maintenance and accommodation of said
railroad; and said company may contract and agree with
the owners or occupiers of any land upon which said com-
pany may wish to construct said railroad or way or which
said company may wish to use or occupy for the purpose
of procuring stone, sand, gravel or earth or other materi-
als to be used in embankinents or otherwise in or about
the construction, repair or enjoyment of said railroad, or
which said company may wish to use or occupy in any
manner or for any purpose or purposes connected with
said railroad, for which said company is empowered or au-
thorised by this act to take, have or appropriate any lands
and receive and take gratits and conveyances of any aiid
all interests and estates therein and to them and their
successors or assigns, in fee or otherwise; and in case
said company do not agree witii such owners or occupi-
ers of such lands as aforesaid, so as to procure the same
by the voluntary deed or act of such owners or occupi- "^

ers thereof, or if the owners or occupiers or any or either
of them be ^femme covert^ infant, non compos mentis^ un- f^^^, rovtrt.
known or out of the county in which the land or property '"""^* «" ■*-
wanted may lie or be situated, the same maybe taken and
paid for, if any damages are awarded, in the manner pro-
vided for and upon the principles pomted by the ninety-
second chapter of the Revised Statutes of this state, entitled
"Right of Way," upon the principles of any laws which
have since or may hereafter be found upou that subject
amendatory to the act entitled "An act to provide for a

1856. 292

general system of railroad incorporations," approved Nov.
6th, 1849; anO. the final decision or award shall vest in the
corporation hereby created all the rights, privileges, fran-
chises and iminanities in said act contemplated : Jind pro-
vided, thatany appeal that may be allowed under the provi-
sions of the act above recited or by virtue of any general
law of this state shall not affect the possession by said com-
writ :>f error. panj of the land appraised; and when the appeal may be
taken or writ of error prosecuted by any person or per-
sons other than the said company the same shall not be al-
lowed except on the stipulation of the party so appealing
or prosecuting such writ of error that the said company
may enter upon and use the iiuds described in the petition
for tiie uses and purposes therein set forth, upon said com-
ippr>v'(ibyc!ert P^ny giving bond and security, to be approved by the clerk
of said court, that they will pay tD the party so appealing
or prosecuting such writ of error all costs and damages
that may be awarded against them on tho final hearing of
such appeal or writ of error within ninety days after the
rendition thereof or forfeit all right to use the land or way
so condemned.
o»i>uai stock. § 5. The Capital stock of said company shall be one

million of dollars, which ma)'^ be increased, from time to
time, by a vote of a majority in interest ot stockholders at
Special meetings their anuual meeting or at any special meeting that may be
called for that purpose by the directors of said company,
to any sum not exceeding the entire amount expended on
account of said road; which stock shall be divided into
shares of fifty dollars each, which shall be deemed personal
property, and may be issued, certified, transferred and
registered in such manner and at such places as may be
ordered and provided by the board of directors, who
shall have power to require the payment of stock subscri-
bed in the manner and at the time and in such sums as
.itockhouiers. they may direct; and on the refusal or neglect on the part
of stockholders, or any of them, to make payment on the
Board of <tirectors requisition of the board of directors, the shares of such de-
linquents may, after thirty days' public notice, be sold at
?ut>iii; auction, auction under such rules as the directors may adopt. The
surplus money, if any remains after deducting the payment
due, with interest and the necessary costs of sale, to be
paid to the delinquent stockholder. The board of direct-
ors hereinafter named and appointed shall cause books to be
opened for subscription to the capital stock of said company
at such times and places and in such manner as they shall
direct : Provided, that as soon as one hundred thousand
dollars of bona fide subscription shall be made to said cap-
ital stock it shall be lawful for said company to commence
the construction of said road.

•293 1856.

§ 6. The several counties, cities and towns through or Towns nudcitsw.
near which said road passes may subscribe for and take
stock in the corporation : Provided, that no such subscrip- Proviso.
tion sliall be made unhoss the majority of the legal voters
of the county, city or town shall vote for the same at elec-
tions to be held under orders of the county court and
of the corporate authorities of cities and towns.

6 7. All the corporate pov/ers of said company shall be Government v«i-

\ ^ • 1 -111 1 c ^■ A. A. • L. «''^' '" board of

vested in and exercised by a board ot directors, to consist liirectorB.
of not less than seven nor more than fifteen in number, and
such other officers, agents and servants as they shall ap-
point. The first board of directors shall consist oi Wil- Directors.
Ham McBean, John C. Burden, George M. Gray, Elijah
Smith, Benjamin Thompson, William Brown, Jo3eph W.
Becker, G. S. Cully and William P. Bruner, who shail hold Termer ifnce.
their officer until their successors are elected and quali-
fied. Vacancies in the board may be filled by vote of two-
thirds of the directors remaining — such appointees to con-
tinue in office until the next regular annual election of di-
rectors, and wfiich said annual election shall be held on
the first Monday of September in each year, at such |lace ADnuaiciaftKMi.
as the directors may direct, thirty days' notice being given
in one or more newspapers printed along the line of said
road.

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

§ 9. The directors herein named are required to or- Elect presideut.
ganise the board by electing one of their number presiderrt
and by appoiuti'ig a secretary and treasurer.

5 10. Said company shall have power to purchase with ^"'■.'^^as* _,^*-
trie tunas ot tiie company and contract tor and place on the er fixtures.
railroad hereby authorised to be constructed all machines,
wagons, carriages and vehicles of any description which
they may deem necessa'*y and proper for the purposes of
transportation on said railroad, and they shall have power
to charge for tolls and transportation b. d rates of fare such
sums as shall be lawfully established by the by-laws of said
company.

§ 11. Said company shall have power to make, ordain to estabiisii miei
and establish all such by-laws, rules and regulnlion.5 as may ""J'-'^suiation..
be deemed expedient to fulfill tlie purposes and carry into
effect the provisions of this act and for the well ordering
and securing the affairs, business and interest of said com-
pany : Provided, that the same be not repugnant to the

1856. 294

constitution and the laws of the United states or of this
state.

T!r»oap.>ruuou. § 12. The Said boaid of directoFS shall have power to
regulate the manner of transportation of persons and pro-
perty, the width of track, the construction of wlieels, the
form and size of cars, the weight of loads and all other
matters and things respecting tiie use of said road and the
conveyance and transportation of persons and property
thereon.

C4 8*i track of any § 13. Whenever it shall be necessary for the construc-
tion of said railroad to intersect or cross a track of any other
railroad or any stream of water or water courses or roads
or highway lying on the route of said road, it shall he law-
ful for the company to construct their railroad across or
upon the same, or to make joint stock with such otlier com-
pany to run any distance that may be deemed advantageous
upon such line of road in the direction hereinbefore set

p.-ivt*, forth : Provided^ that tlie said company shall restore the

railroad, stream of water, water course, road or highway
thus intersected or crossed to its former state or in a suffi-
cient manner not materially to impair its usefulness.

d4jw^.i. § 14, Xhe said company shall annually or semi-annu-

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

rauttity for ob- §15. If any person siiall do or cause to be done or aid
m domg or causing to be done any act or acts whatever
whereby any building or construction or work of said com-
pany or any engine, machine or structure or any matter or
thing appertaining to the same shall be stopped, obstruct-
ed, impaired or weakened, injured or destroyed the person
or persons so offending shall be deemed guilty of a misde-
meanor, and may be punished, upon conviction, by fine, in
any sum not exceeding one thousand dollars or by impris-
onment not exceeding five years or both, at the discretion
of the court, and shall forfeit and pay to said corpora-
tion treble the amount of damages sustained bj' reason of
such offence or injury, to be recovered in the name of the
said company, with costs of suit, in action of trespass, be-
fore any justice of the peace of this state or before any
court having jurisdiction thereof.

tfciiwj wi!.h other § 16. Said company shall have the power to unite its
railroad with any other railroad now constructed or which
may hereafter be constructed, either in this state or in the
state of Indiana, upon sucii terms as may be mutually agreed
upon between the companies so connecting; and for that
purpose full power is hereby given to said company to make
and execute such contracts with any other company as will
secure the objects of such connection.

295 1855.

§ 17. The s&id Metropolis and Evansville Railroad Borrow money.
Company are hereby autliorised to borrow money, from
time to time, on tlie credit of said company, at any rate of
interest per annum, to be agreed upon between the par-
ties, for the sole purpose of constructing said railroad and
furnishing the same with cars, locomotives and other ma-
chinery necessary to carry on the operations of said com-
pany, and may issue its corporate bonds therefor, and lo t^sh. bonds.
secure the repayment thereof, with interest which accrues,
may mortgage the road, income and other property of said
company; and they may, by their president and other offi-
cers or agents, sell, dispose of, negotiate such bonds or N'tirothuei..)i<ta.
stocks of said company at such times and places, either
within or without this state, and at such rates and for such
prices as in their (pinions will best advance the interest^
of said company; and if such bonds and stocks are thus sold
at a discount such sale shall be as valid and binding in ev- s^aii-bvaiw.
ery respect as if sold at par value; and the said company
are hereby authorised to confer upon the holder of any
bond issued as aforesaid t]ie riglit to canvert the principal
thereof, at any time un{)aid, into the stock of the compa-
ny.

§ 18. That full right and privilege is hereby reserv- Bigi.tresor.<<i t«

5 _ _ r> ' r- I 1 • conm ot with

ed to the citizens ot the state of Indiana or any com- iiads.
pany hereafter to be incorporated or heretofore incorpo-
rated under the authority of said state to connect with the
said railroad hereby provided for, especially, to the iCvans-
ville, Indianapolis and Cleveland Straight Line Railroad
Company, to connect wilh said railroad at such convenient
point as may be elected by said company last mentioned :
Provided, said connection shall be formed with said road t nniso.
on terms usual in such cases, and that in forming such con-
nection no injury shall be done to the works, of the compa-
ny hereby incorporated.

5 19. It shall be lawful for all persons of lawful age or snbseripiion !.

.1 J. ,' • ,-. 1 TT • 1 CI, . 1 <;upital Stock.

tne agent ot any cor}>oration ot the Umteti states, on be-
half of the same, to subscribe for any amount of capital
stock; and the books shall be kept open for any such space of
time and at such place or places as the corporation shall
choose, and maybe reopened at anv time, in each of which Botus maybe r.-

,1 1111 ,^11 oponetl.

books shall be entered as follows :

"We whose names are subscribed hereto do pro.mise to F( vm (<r sutler ;-
pay to the president and directors of the Metropolis and
Evansville Railroad Company the sum of fifty dollars for
every share of stock set opposite to our names, respect-
ivel}', in such manner, proportions and times as shall be
determined by said company in pursuance of the charter
thereof.

Witness the of ,185 ."

1865.

•rinic u
(lettuc.

296

Upon every such subscription there shall paid, at the
time of subscribing, to the president and directors or their
agent appointed to receive the same, such sum on every
share as may be directed by said corporation.

5 20. The said company sliall be allowed five years,
from the passage of this act, for the commencement of said
railroad ; and in case the same shall not be completed in
ten years thereafter the privileges herein granted shall be
forfeited.

§ 21. This act shall be deemed and taken as a public
act, and shall be construed beneficially for all purposes
herein specified or intended, and shaU take effect and be
in force from and after its passage ; and the regular organi-
zation of the corporation under the same shall be presumed
and considered as proven in all courts of justice.

Approved Feb. 14, 1855.

In force Jj'eti. 15,
1865.

AN ACT to incorporate the Beileville and Fairfield Railroad Company.

t'>in*ur"t.oi'3.

Knoie anil style.

6«D<ral powari

Section 1. Be it enacted by the pnojile of the state of
Illinois, represented in the General ^%semhly, That Hen-
ry Godekiiig, Edward Tittman, James L. D. Morrison,
William Kinney, John Moss and Russel Hinkley, Alexan-
der D. Hay, D. Kennedy, E. C. C ^ffey and J. M. Lucas,
John N. Johnson, Thomas M. Casey, Zadock Casey, H.
T. Pace, Edward Bonhan, Daniel Turney, John K^ en, jr.,
and John Moore, and such others as they may associate
with them for that purpose, are hereby made and consti-
tuted a body corporate and politic, by the name and style of
•'Tlie Belleville and Fairfield Railroad Company," with per-
petual sucession; and by that name n: d style shall be ca-
pable in law of taking, holding, purchasing, leasing, sell-
ing and conveying estate and property, real, personal and
mixed, so far as the same may be necessary (or the purposes
hereinafter mentioned, and not farther; and in their cor-
porate names; may sue and be sued; have a common seal,
which they may alter or renew at pleasure, and may have
and exercise all powers, rights, privileges, and immuni-
ties which are or may be necessary to carry into effect
the purposes or ohjects of this act as the same are herein
set forth.
Power to alter, f, g. The Said companv shall have full power and au-

• JiangPj relocate i in. • i i

•ml oonstriict, thoTity to locate and from tjrae to time to alter, change,

with one oruiorR ,, , . . , iriij./»*U _ _

iiucus. relocate, construct, reconstruct, and fully to finish, per-

fect, and maintain a railroad, with one or more tracks,
commencing at Belleville in the county of Saint Chir,

297 1855.

Illinois, and running from thence by Nashville^ in Wash-
ington county, and Mount Vernon, in Jefferson county,
to Fairfield, in Wayne county, in the said state of Illi-
nois, upon a route to be by said company selected ; and
to take, transport and carry, property and persons upon Tracsportetion.
said railroad, by power and force of steam, or of animals,
or of any other power or combination of powers, which
said company may choose to use or apply ; and for the
purpose of constructing said railroad or way, said com-
pany shall have power and authority to lay out, d€signate
and establish their said road in widlh one hundred and sixty
feet, through the entire length thereof; and may take and
appropriate to their own use all such lands so designated
' for the line and construction of said road, upon first paying
or tendering therefor such amount of damages as shall p*J™J»' <*'**""
have been fettled by appraisal in the manner herein-
after provided, or as may be agreed upon between the
owners of said land and said railroat^ company, on all such
land so designated for the line and construction of said road,
and all such lands as may be taken or upon any track which
may be located by said company and for the purpose of em-
bankments, cuttings, obtaining of stone, gravel and sand,
may t'\ke and appropriate as much more of said land as
may be necessary for the proper construction, mainte-
nance and security of said railroad, and for constructing
shops, depots and other suitable, proper and convenient
fixtures in connection with an appurtenances to said road;
may take, have, use and occupy any lands upon either side
of said railroad, not exceeding two hundred feet in depth
from said railroad — said company taking al! such lands by
gift, purchase or condemnation, and making satisfaction
for the same as hereinafter provided: Provided, that this ptoyIm.
section shall not be construed to restrict or prevent the
construction of public roads or railroads across the road
of said company when deemed expedient, but not so as to
materially impair or obstruct the same.

§ 3. The said company, and under their direction, their snryeys.
agents and workmen, are hereby authorised and empower-
ed to enter into and upon the lands and grounds of or be-
longing to the state or any person or persons, body politic
or corporate, and survey and take levels of the same or any
part thereof, and to set out and ascertain such parts as
they shall tliink necessary and proper for making said road
with one or more sets of tracks or rails; and for all the pur-
poses connected with said railroad, for which said corpo-
ration, by the last preceeding seclion, is authorised to have,
take and appropriate any lands, and to fell and cut down
all timber and other trees standing or being within one
hundred feet on either side of said railroad, the damages ^cgegsmeni of
occasioned by the felling of such trees, unless otherwise <iamag««.

1856.

298

Grants mi dona-

OoOBt

Owuers and occu-
pants of landH.

aight of way.

Oamages to
Jtmme covertt,
9-e.

settled, to be asfses^ed arid paid for in (lie manner herein-
after provided for ascer tainiiK^ and l^ayiuEj damages for
lands taken for tfte use ot'said laihoad connpan) ; also, from
time to time, to a'ter, widen, amend and repair tfie same
or any of the conveniences abov^e named as well lor carry-
ing goods, wares and merchandise, as timber and ajl man-
ner of materials neces^ar}' for the making, erecting, fur-
nishing, altering, repairing and amending the works of or
connected with said road, and to contract nnd agree with
the owner or owners thereof for earth, timber, gravid, stone,
or otlier material whicli tnay be wanted in the construction
and repair of said road or any of its appurtenances, the
said company doing as little damages as possible in the ex-
ecution of said powers 'lereb granted, and makmg sat-
isfaction as hereinafter provifl(-d for the adjustme-nt of all
damages to be sustained by the owner or owners of said
lands so taken.

§ 4. The said company shall have power to take, re-
ceive and hold all such voluntary grants and donations of
lands and real estate for the purposes of said road as may
or shall be made to s.\id company to aid in the construc-
tion, maintenance and accommodation of said road, and
said company may contract and agree with the owners or
occupiers of any land upon which said company may wish
to construct said road or way or which said company may
wish to use or occupy for the purposes of procuring stone,
sand, gravel or earth or other materials to be used in em-
bankments or otherwise in or about the construc'.ion, re-
pair or enjoyment of said road or which said comi)any may
wish to use or occupy in any manner for any purpose or
purposes connected with said road whicii said com})any
is authorised or empowered by this act to have or appro-
priate any lands, or to take and receive grants and con-
veyances of any and all interest and estate therein to them
and their successors or assigns in fee or otherwise; and in
case said company cannot agree with the owner or owners
of such lands as aforesaid, so as to procure the same by
voluntary act or deed of such owners, the price and value
of such lands may be fixed, estimated and recovered in the
manner provided for taking lands for the construction of
public roads, canals and other public work, as prescribed
Ijy the act relating to the public rigiit of way, ajiproved
March 3, 1845. But when the owners, occupiers, or eith-
er of them of such lands shall be a fetnme covert, non com-
pofi mentis, unknown or out of the county in which said
lands are situated, the said company shall pay the
amount t!iat shall be awarded as due to t!ie last mentioned
owners respectively, whenever the same shall be lawfully
demanded. That to ascertain the amount to be paid as
above to the said owners or occupiers for lands and materials

299 1855.

taken for the use of said corporation, it shall be the duty

of the goveraor of this state, upon notice siven to him by Go^fnor to ap-

. , " . . ', ' . ~ . •' point commli-

said corporation, to appoint three commissioners, not inter- sioners.
eited in tlie matter, to be determined by them, to deter-
mine the amount of damages which tlie owners or occupi-
ers of the lanci or re?il estate so entered upon by said com-
pany ha>! or have sust,ained by the occu})ation of the same;
and it shall be the duty of said commissioners or a majority ^dJuTefto'corp^
of them, to deliver to the corporation a written statement '"a""" a written

, , J I il 1 11 1 VI J • statement of tb»

01 the av/nrd or awaras tliey sliaJl make, v;ita a deserip- awards.
tion of the land or other real estate appraised, to be record- to be recorded -
ed by the corporation in the recorder's office of the county
in which said real estate shall be situated; and then the
said corporation shall be deemed to be seized and entitled
to the fee simple of all such lands and real esta'e, and shall
exercise over the same all the rights, privileges and fran-
chises and immunities in this act contemplated: Ptuwidec/, Proviao.
that notice by publication in some newspaper in the coun-
ty in whitMi said lands may be situated, if any there be ; if
none, then, in some newspaper in the city of Belleviile, shall
be first given, for thirty dajs, to tlie owner? or occupiers, ^ot'ce to t* giT-
or unknown owners, as the case may be, of the intention
on the part of said corporation to apply to the governor for
the appointment of commissioners as herein provided, t/Jnd
provided^ further^ that any appeal which may be allowed
under the provisions of the act above'^mentioned or of any
general law of this st«te shall not affect the possession by
said company of any hinds appraised or taken under this
act; and when the appeal may be taken or writ of error writs of enor.
prosecuted by any person or persons other than said com-
pany, the same sha'l not be allowed except on the stipula-
tion of the party so appealing or prosecuting such writ of
error that the said company may enter upon and use the
lands described in the petition as required by said company
for the uses and purposes of said road, upon said company
giving bond and security, to be approved by the clerk oi^Z^^lt^^-
the circuit court of the county in which said lands are sit- "'y-
uated, that they will ]>ay to the })arty appealing or prosecu-
ting such writ of error all costs and damages that may be
awarded against them on a final Iiearing of such appeal or
writ of error within tliirty days after tiie rendition of the
same or forftit all right to use the land and the way so
condemned.

§ 5. The capital stock of said company shall be Capuai itoch .

which may be increased, from time to time, by vote of a

majority in interest of the stockholders, at their annual

meeting or at any special meeting which may be called for special meetjuw

that purpose by the directors of said company, to any sum,

not exceeding the entire amount expended on account of

said road ; which stock shall be divided into shares of fifty ^tofhwir" *"'

1865.

300

stock maybe sold
itt certain cases.

Board of direct-
ors shall cau.<8
books to be
opened.

Proviso.

Gsvernment.

Jtrst board of rtl-
rectors.

Term of office.

Annual election
of directors,
when h»ld.

Directors.

OflBoe, where lo-
e«ted.

dollars each, which shall be deemed personal property, and
which may be issued, certified and rejT[istered and trans-
ferred in such manner and at such places as may be order-
ed by the board of directors, who shall liave power to re-
quire the payment of stock subscribed, in the manner and
at the time and in such sums as they may direct; and on
the refusal or neglect on the part of stockholders, or any of
them, to make payment, on the requisition of the board of
directors, the shares of such delinquents may, after thirty
days' public notice, be sold at auction, under such rules as
the directors may adopt — the surplus money, if any re-
mains, after deducting payments due, with the interest and
necessary costs of sale, to be paid to such delinquent
stockholders. The board of directors herein named and
appointed shall cause books to be opened for subscrip-
tions to the capital stock of said company, at such times
and places and in such manner as they may direct : Pro-
videdf that as soon as four hundred thousand dollars of
bona fide subscription to said caj)ital stock shall be made
and five per cent, thereon paid in it shall be lawful for said
corporation to commence the construction of said road.

§ 6. All of the corporate powers of said company shall
be vested in and exercised by a board of directors, to con-
sist of not less than seven nor more than seventeen in num-
ber, and such other officers, agents and servants as they
shall appoint. The first board of directors shall consist of
Henry Godeking, James L. D. Morrison, William Kinney,
Jolin iVIos>', Russel Flinkley, Alexander D. Hay, D. Ken-
nedy, C. C. Coffey, J. M. Lucas, .John N. Johnson, Thomas
M. Casey, Zadock Casey, H. T. Pace, Edward Bonham,
Daniel Turney, Jo!in Keen and John Moore, who shall hold
their offices until their successors are elected and qualified.
Vacancies may be filled by vote of two-thirds of the direct-
ors remaining ; such appointees to continue in office till the
next regular annual election of directors is held, and which
said annual election of directors siiall be held on the first
Monday in September in each year, at tlie oflice of the com-
pany, thirty days' notice being given in a newspaper or
newspapers published in one or more of the above named
counties.

§ 7. At any election held for the election of directors
each share of stock shall be entitled to one vote, to be given
either in person or by proxy ; and the persons receiving
the largest number of votes to be declared duly elected,
and to hold their offices until the next annual election and
until tiieir successors are elected and qualified. All elec-
tions to be conducted by three judges, to be selected by {
the stockholders present. i

§ 8. The office of said company shall be located at the
county seat of whichever of the counties of St. Clair,

301 1855.

Washington, Jefferson or Wayne, in which the largest
amouut of stock in said road shall be held, and the direct-
ors herein named are required to orgaiiize their board by
electing one of their number president, and by appointing Pre&iaent an: ee-
a secretary and treasurer. creary.

§ 9. Said company shall have power to purchase, with May pnrcha»«
the funds of the company, and contract for and place on cwn|ry7 ™'"
the railroad hereby authorized to be constructed, all ma-
chines, wagons, carriages and vehicles of any descn^jtion,
which they may deem necessary and proper, for the pur-
pose of transportation on said railroad j and they shall
have power to charge, for tolls and transportation and
rates of fare, such sums as shall be lawfully established '

by the^by-laws of said company.

§ 10. The said company hereby chartered shall be re- Transportaite« ©r
quired to keep and use a sufficient number of locomotives, persons and

T- fr • I X J i • property.

passenger and ireight cars, and oilier conveniences proper-
ly pertaining to a railroad, to carry and transport ail pas-
sengers and' freight requiring transportation upon said
road, and shall transport the same, and shall have power
to make, ordain and establish all such by-laws, rules and
regulations as may be deemed expedient, and necessary to
fuiiili the purposes and carry into effect tlie provisions of
tliis act, and for the well ordering and securing the af-
fairs, business and interest of said company, not incom-
patible with the constitution and laws of this state.

§ 11. The said board of directors shall liave power to ^ , ,

' , , r Regulatf the

regulate the manner oi transportation of persons and prop- mauner of
erty, the width of track, the construction of wheels, the '"'
form and size of cars, the weight of loads, and all other
matters and things respecting the use of said road, and
the conveyance and transportation of persons and proper-
ty thereon.

§ 12. Whenever it shall be necessary for the con- intersect or crow
struction of said railroad to intersect or cross a track of ^''^''}^ ^- ^^^^^

. ,, roaus, &c.

any other raiJroad, or any stream of water, or water
course, or any road or highway lying on the route of said
road, it shall be lawful for the company to construct their
road across or upon the same : Provided, that the said proviso.
corapan.y shall restore the railroad, stream of water, wa-
ter course, road or highway, thus obstructed or crossed,
to its former state, or in a sufficient manner not materially
to impair the usefulness thereof.

§ 13. The said company shall annually or semi-an- Dj^,(,en<n.
nually make such dividends as they may deem proper, of
the net profits and receipts of tLe income of said com-
pany among the stockholders therein, in proportion to
their respective shares.

§ 14. The said company may accept subscriptions to subscrpHoM
the stock of said road from the city of Belleville and the

1855.

302

Counties auihor-
ized to borrow

Bwtaofi lands.

IMstrlbutlon o f
dlvidendB.

Sobool purposes.

Hy po t h eca t e
mortgages, &.c.

Proviso.

avidenceB of tt-
Ue.

Voters to de-
tenuine the ta-
king of Btock.

counties of St. Clair, Washington, Jefferson and Wayne,
or either of them, to an amouat not to exceed fifty tliou-
sand dollars each; and for the purpose of raising the
amount so to be by them subscribed, the said city of
Belleville, by her corporate authorities, and the said
counties of St. Clair, Washington, Jefferson and Wayne,
are hereby authorized and empowered to borrow any sum
of money, not exceeding fifty thousand dollars each, pay-
able at such times and places, and in such sums, and with
such rate of interest as may be agreed upon, and may is-
sue their city and county bonds tlierefor, under their re-
spective seals; and the said counties of St. Clair, Wasii-
ington, Jefferson and Wayne are hereby authorized and
empowered to take stock in said railroad, on the faith and
credit of their swamp lands, to an amount not exceeding
the amoui.t of the value of the residue of the swamp lands
belonging to said counties respectively, after all expenses
are paid .^or 3arveyinf:;,]eveeing, draining and reclaiming tiie
said -jwamp hUids situated in each of said counties respec-
tively, and to draw and receive dividends on such sub-
scriptions to said capital stock as other stockholders in
said railroad; said dividends, when received, to be divided
and distributed among the townships of said counties, re-
spectively, according to the number of the inhabitants of
said townships, for school purposes, as other school funds
are now by law rt quired to be distributed ; and for the
purpose of carrying into effect the provisions of this sec-
tion of the act, the county authorities of each of said
counties of St. Clair, Washington, Jefferson and Wayne
are hereby authorized and empowered to hypothecate
mortgages and other evidences of indebtedness due and
owing to them and arising from the sales of said swamp
said lands : Pruvided, that the proceeds of the sales of said
swamp lands shall not be so applied nor stock taken there-
on in this or any other railroad until the evidences of the
title to said lands have been received by said county or
counties from tiie United States and the state of Illinois,
as provided by the second section of the act of congress,
approved on the 28th day of September, 1850, entitled
"An act to enable the state of Arkansas, and oUier states,
to reclaim the swamp lands within their limits,'' and the
act of the legislature of the state of Illinois relative there-
to, nor until a majority of the legal voters of said counties
have, at some general or special election, voted in favor
of investing said swamp lands, or the proceeds of the sale*
of the said swamp lands of their respective county or
counties in said railroad or roads. Nor shall the corpor-
ate authorities of the said city of Belleville subscribe the
said sum of fifty thousand dollars to the capital stock of
said company, until a majority of the legal voters of said '

303 1866.

corporation, voting at some general or speciui election,
shall have voted in favor of said investment.

5 15. If any person or persons shall do or cause to be Penalty tor ob-
done or aid in doing or causing to be done any act or acts
whatever, whereby any building or construction or work
of said company or any machine or structure or any mat-
ter or thing appertaining to the same, shall be stopped, ob-
structed, impaired or weakened, injured or destro3".'d, the
person or persons so offending sliali be deemed guilty of a
misdemeanor, and may be punished, upon conviction, by
fine, in any sum not exceeding five hundred dollars, or bj'
imprisonment not exceeding five years, or bot'u at the dis-
cretion of the court, and sliall forfeit and pay the said cor-
poration triable the amount of damages sustained by reason
of such offence or injury, to be recovered in the name of
said company, with costs of suit, in an action of trespass,
bejfore any justice of the peace of this state or before any
court having jurisdiction thereof.

§ 16. The said company shall have full power to cross, pnion witu ©«»«
intersect, join and unite its road with any other railroad
now or hereafter to be legally ciiartered, at any point on
or at either terminus of said line of railroad authorised to
be constructed under the provisions of this act, with the
necessary turnouts and siding switches and other conveni-
encies, in furtherance of the objects of its connections, up-
on such term-; a? may be mutually agreed upon by the re-
spective parties.

§ 17. Said company is hereby authorised, from time Bonow money.
[to time,] to borrow such sum or suras of money as may
be necessary for completing and operating their said rail-
road, and to issue and dispose of their bonds in denomina-
tions of not less than five hundred dollars, for any amount
so borrowed, and to mortgage their corporate property
and franciiises or convey the same by deed of trust, to se-
cure the payment of any debt contracted by said company
for the purposes aforesaid ; and the directors of said com-
pany may confer on any bondholders of any bonds issued Bonds issued b»
for money borrowed as aforesaid the right to convert the ^'''^^y^"'>^**
principal due or owing thereon into tiie stock of said com-
pany at any time, not exceeding ten years from the date of
the bond, under such regulations as the directors of said
company may see fit to adopt; and all sales of bonds for
less than their par value shall be good and valid, and as
binding upon said corporation as if the same were sold for
the full amount thereof.

§ 18. The said corporation hereby chartered shall be nme «/ wwie-
required to construct their said road according to the terms *""'•
of their charter within six years from the passage of this
act, which shall be taken and received as a general law in
all courts and places whatsoever.

18B6.

304

Transport U.
malls.

Sales TdliJ.

§ 19. The said company shall carry and transport the
mail of the United States on such terms as may be agreed
upon, and all such freights and passengers as may be offer-
ed, if required so to do, on such terms as is or may be
usual witli like railroad companies ; and they may, by their
president or otlier officers and agents, sell, dispose ot or
negotiate the bonds or stocks of said company, for such
prices and at such rates as in their opinions will best ad-
vance the interests of said company ; and if such bonds or
stock are thus sold at a discount such sale shall be as valid
and binding in every respect as if sold at their par value.

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

Approved Feb. 15, 1856.

Oonlricta.

Oontraat w^ith
railroads of

•Cher states.

Borrow mo&ey.

AN ACT to enable railroad companies to enter itilo operative contracts,
and to borrow rconey.

Section 1. Be it enacted by the people of the state oj
Illinois, represented in the General Jissembly^ That all
railroad companies incorporated or organized under, or
which may be incorporated or organized under the au-
thority of the laws of this state, shall have power to make
such contracts and arrangements with each other, and
with railroad corporations of other states, for leasing or
running their roads or any part thereof; and also to con-
tract for and hold, iri iee simple, or otherwise, lands or
buildings in this or other states, for depot purposes j
and also to purchase and hold such personal property as
shall be necessary and convenient for carrying into effect
the object of this act.

§ 2. All railroad companies incorporated or organiz-
ed, or which may be incorporated or organized as afore-
said, shall have the right of connecting with each other
and with the railroads of other states, on such terms as
shall be mutually agreed upon by the companies interested ,
in such companies. i

§ 3. Every railroad company incorporated or organ- '
ized, or which may hereafter be incorporated or organ-
ized under the authority of the laws of this state shall
have power to borrow such sums of money, from time to ,
time, as may, in the opinion of the directors, or a majority
of them, be necessary for constructing, completing or op-
erating their railroad, or for aiding in the construction, or
operating any connecting railroad, whether within or
without this state, and may issue and dispose of their
bonds or obligations for any amount so borrowed, and

305 1S55.

may mortgage all or any portion of their property and
franchises, to secure tlie payment of any debt contracted
by the company for the purpose aforesaid; and such com-
pany may sell their bonds or obligations, either within or
witiiout the state, at such rates and prices as t!ie direc-
tors of the company, or a majority of them^ may sanction ,
and determine, and said sales shall be as valid and oblig-
atory upon the company for the full amount of the bonds
or obligations sold as if such bonds or obligations were
sold at par value; and all such bonds and obligations may
be made convertible into stock at such times and upon
such terms as the directors may determine.
Approved Feb. 12, 1855.

AN ACT to incorporate Ihe Rock Island ami Alfon Railioad Company, in f<jrcp v*b. 16,

1856.

Whereas, in the opinion of the general assembly, the ob- PreamMf-
ject of incorporating the Rock Island and Alton Rail-
road Company cannot be obtained under the general
law; therefore,

Section 1. Be it enacted by the people of the state of
Illinois, represented in the General */Jssembly, That W. cortxrat.rs.
Frizzell, Patrick Whitaker, William Baily, Job Edging-
ton, James Dickson, of Rock Island, Rock Island county;
R. H. Spicer, H. W. Thornton, S. S. Dimick, of Mercer
county; Ivory Quawbeck, E. A. Paine, oi Monmouth,
Warren county; Benjamin R. Hunter, James Kyle, of Ma-
comb, McDonough county; George Little, James F. An-
derson, W. Ray, George Nelson, J. Parett, of Rushville,
Schuyler county; John Webb, Horace Billings, Charles
Sprague Dived, Burlington, Cass county; Dr. S. D. Skil-
ings, F. Hale, Dr. W. H. Wilson, Ansel Sweett, Thomas
Flinn, James Brown, of Winchester, Scott county; Henry
Bragg, W. A. Davis, A. W. Bridges, Carrollton, Greene
county; W. W. Shepard, Alexander B. Morean, George
E. Warren, Jerseyville, Jersey county; S. Buckman, T.
M. Hope, E. Keating, Alton, IMadison county, and all
such persons as shall hereafter become stockholders in
said company, hereby incorporated, shall be a body cor-
porate and politic, by the name and style of " The Rock Name and style.
Island and Alton Railroad Company," with perpetual suc-
cession; and under the name and style shall be capable of
suing and being sued, impleading' and being impleaded, <*«"«"' p'^*"-
defending and being defended against, in law and equity,
in all courts and places whatsoever, in like manner, and
as fully as natural persons; may make and use a common
34

1855. 306

seal, and alter or renew the same at pleasure; and by
their said corporate name and style shall be capable in
law of contracting and being contracted with; shall be
and are hereby invested with all the power, privileges,
immunities and franchises, and conveying real and per-
sonal estate which may be needful to carry into ejSfect fully
the purposes and objects of this act.

^ 2. The said corporation is hereby authorized and

Mirver and con- ^ i •'

struct with one empowcred to survey, locate, construct, complete, alter,

ir more, tracks. f , . j i. -i j -ii a l

mamtam and operate a railroad, with one or more tracks

R.mtp. or lines of rails, from Rock Island, ihencc the most prac-

ticable route to Macomb, thence to Rushville, thence to
Beardstown, thence to Winchester, from thence to White-
hall, in Greene county; and said company are hereby au-

coaaect their thorized to couucct their said road, at the said town of

road with any Whitehall, with any other road now constructed or to be
constructed, under act or incorporation now m rorce upon
such terms as may be mutually agreed upon between the
company hereby incorporated and such other company or
com}}anies; and may also take stocks in, or become other-
wise interested in any railroad from Whitebait to Alton, or
may, by the consent of the directors of any such road,
consolidate their road with the same.

Capital sfoctt. § ^- ^he Capital stock of said company shall consist

of three millions of dollars, and may be increased to five
millions of dollars, to be divided into shares of one hun-

Rovernment to drcd doliars eacli. The immediate government and di-

bear'd^of'^direc- Tcction of Said Company sliall be vested in thirteen direc-
tors, tors, who shall be chosen by the stockholders of s; id com-
pany, in the manner hereinafter provided, who shall hold
their office one year after their election, and until others

Ti 1)8 elected. shall be duly elected and qualified to take their places as
directors; and the said directors, a majority of whom shall
form a quorom for the transaction of business, shall elect

Kiect ii president, ouc of the membcrs to be the president of the company.
The said board of directors shall have power to appoint
all necessary clerks of business of said company.

snrrer*. § 4. The said company is hereby authorized, by their

agents, surveyors or engineers, to cause such examina-
tions and surveys to be made of the ground and country
between Rock Island, Whitehall and all the points men-
tioned in second section of this act, as shall be necessary
to determine the most advantageous route for the proper
line or course whereon to construct the said railroad; and

May take pos- it shall be lawful for the said company to enter upon and
seasion of snch ^q^q posscssion of and use all such lands and real estate

IftQUS 8kB &T6 116" X ^

cesgary. as may be necessary to the construction of and mainten-

ance of the said railroad, its depots, water stations, side
tracks, machine shops, engine houses and buildings, all
appendages necessary to the construction and working of

307 1855.

the said railroad : Provided^ that all lands oi real estate Proviso-
entered upon, taken possession of and used by said com-
pany, for the purpose and accommodation of said railroad,
or upon which the aforesaid railroad shall have been lo-
cated or determined by the said corporation, shall be paid
for by said company, in damages, if any be sustained by
tlie owner or owners thereof, by the use of the same for
the purposes of said railroad, and all lands entered upon
and taken for the use of said corporation, which are not
donated to said corporation, at such prices as may be mu-
tually agreed upon by said corporation and the owner or
owners of said lands or real estate; and \\\ case of dis- Damag^ u. \>c
agreement, the price shall be estimated, fixed, and recov-
ered in the manner provided for taking lands for the con-
struction of public roads, canals, or other public works, as
prescribed by the act to provide for a general system of
road corporations, approved November 5, 1849, and the
final award shall rest in the corporation hereby created
all the rights, franchises and enumerations in the said act
contemplated and provided.

§ 5. If any person shall willfully, maliciously or wan- Penalty tor ot-
tonly, and contrary to law, obstruct the passage of any
car on said railroad, or any part thereof, or anything be-
longing thereto, o*" shall damage, break or destroy any
part of said railroad, or implement of building, he, she, or
they, or any person assisting, shall forfeit and pay to said
company, for every such offence, treble the amount of
damages that shall be proven before any competent court,
and shall have been sustained, and be sued in the name
and behalf of said company; and such offender or offend-
ers shall be deemed guilty of a misdemeanor, and shall
be liable to an indictment in the manner as other indict-
ments are found in any county or counties where such
offence shall have been committed; and, upon conviction,
every such offender shall be liable to a fine not exceeding
five thousand dollars, for the use of the county where
such indictment ma\ be found, and may be imprisoned, at Morieimprison-
the direction of the court. ***'

§ 6. The time of holding the annual meeting of said Time of holding
company, for the election of directors, shall be fixed and a^i^^"! meeting.
determined by the by-laws of said company, and all
meetings such stockholders shall be entitled to vote, in
person or lawfully proxy, one vote for each share of stock
he, she, or they may hold, bonafide^ in said company, upon
which all installments called have been paid.

§ 7. The persons named in the first section of this act commissioners.
are hereby appointed commissioners, who, or a majority
of whom, after a meeting duly called, by thirty days' no-
tice in newspapers published in Rock Island and Alton,
are hereby authorised to open subscription books for said openbook-.

1856

308

Meeting.

Elect directors.

Kight of way.

Traneportailon.

Directors make
needful rules-

Directors to open
books.

yac•^cte8 filled*

stock, at such places as they may deem proper, and shall
keep said books open until five hundred thousand dollars
of said" capital stock shall be taken. Said commissioner.-{
shall require each subscriber to pay five dollars on each
share subscribed at the time of subscribing. Said com-
missioners shall immediately thereafter call a meeting of
the stockholders, by giving thirty days' notice in some
newspaper printed in Rock Island, Al^on, or any printing
office on the route; and at such meeting it shall be lawful
to elect the directors of said company, and when the di
rectors of said company are chosen the said commission-
ers shall deliver said subscription books, with sums of
money i eceived by them, as commissioners, to said direc
tors. No person shall be a director in said company, un-
less he shall own at least one share of the capital stock.

§ 8. That the right of and the real estate purchased
for the right of way by said company, whether by mutual
agreement or otherwise, or shall become the property of
the company by operation of law, as in this act provided,
shall, upon the payment of the amount ol money belong
ing to the owner or owners of said lands, as a compensa
tion of the same, become the property of said company,
in fee simple.

§ 9. The corporation may take and transport on said
railroad any person or persors, merchandise, or other
property, by the force and power of steam or animals, or
any combination of them; may fix and establisli, and re-
ceive such rates of toll for all passengers and property
transported upon the same, as the said directors shah
establish. Tlie directors are hereby authorised and cm
powered to make all necessary rules and by-laws, regu
lations or ordinances that they deem necessary anc
expedient to accomplish into effect the provisions of this
act, and further transfer assignments of the stock, whicl
is hereby declared personal property, and transferable ir
such manner as shall be provided by the by-laws of th<
said company.

§ 10. The directors of said company, after the sam
is organized, shall have power to open books in the nam
prescribed in the sixth section of this act, to fill up th(
additional capital stock, or any part thereof, at such time
as they may deem it fpr the interest of the said company
and all installments required to be paid on the stocl
originally to be taken, and what may be taken to increas
the .'^aid capital, shall be paid at such times and in sue
sums as the directors may prescribe.

§ 11. In case of tlie death or resignation of the presi
dent or vice president, or any director, at any time be
tween the annual election, such vacancies may be fille
for the remainder of the year, whenever they may happer

f 309 1855.

by the board of directors; and in case of absence of the
president and vice president, the board of directors shall
have power to appoint a president or vice president pro
iem.f who shall have and execute such powers and func-
tions as the by-laws of said corporation may provide. In
case it should at any time happen that an election shall
not be made on anj' day, in pursuance of this act, it shall
not invalidate such election, and the corporation, for that
cause, shall not be deemed dissolved, but such election
shall be held at any other time, as directed by tiie by-
laws of said corporation.

§ 12. That when the lands of Any femme covert, per- Lands cr /mrw?
son under age, no7i compos mentis or out of the state shall fe'^r^j'^wht'^/Ta-
be taken in the construction of the said railroad, as is pro- ^''^•
vided by this act, the said corporation shall pay the amount
that shall be awarded as due to the last mentioned owners,
respectively, wlienever the same shall be lawfully demand-
ed, togetlfer with six per cent, per annum; that to ascertain
the amount to be paid to persons in this section for the lands
taken for the use of saiil corporation it shall be the duty of
the governor of this state, upon the notice given to him of Governor to ap-
the said corporation, to appoint three commissioners, to be sioners.'^™""''
persons not interested in said matter, to determine the Determine danw-
damages which the owner or owners of the land or real ^^^'
estate may have sustained b)' the occupation of the same.
It shall be the duty of the said commissioners, or a major-
ity of them, to deliver the said corporation a written state- Make statement
ment of the award or awards tiiey shall make, with a de- o'*^*"^^-
scription of the land and real estate appraised, to be re-
corded by the said corporation in the clerk's office in the
county in which the lands or real estate so appraised may
lie, and then the said corporation may be deemed to be

; seized and possessed of all such lands or real estate as shall

i have been appraised by the said commissioners.

§ 13. Whenever it shall be necessary for the construe- intersect or cross

^ tion of said railroad to intersect or cross a track of any course .°^' '''' ^"^
other railroid or any stream of V\rater or water coarse or

) road or highway on the route of the said railroad it shall be

i lawful for the company to construct their railroad across
or upon the same : Provided, that the said company shall Proviso.
restore tlie said railroad, stream of water, water course,
road or highway thus intersected or crossed to its former
state, or in sufficient manner not to impair its usefulness.

§ 14. Said company shall have the power to unite its rmon with other
railroad with any other railroad now constructed or Vv^hich ^
may hereafter be constructed at either termini or at any
point at which it may cross the same within this state,
upon such terms as may be mutually agreed upon be-
tween said railroad corporations so connecting ; and for
that purpose full power is hereby given to said compa-

1855.

310

ny to make and execute such contracts with any other com-
pany that may secure the objects of such connection : Pro-

Proviso. vided, that no cars shall run upon the line or track of the

road constructed by the company hereby incorporated, ex-
cept at the points of crossing or intersecting the same.

Borrowmooey. § 15. r>aid Company is hereby authorised, from time to
time, to borrow such sum or sums of money as may be ne-
cessary for completing and furnishing and operating the i
said railroad, and to assure and dispose of the bonds, in
denominations of not less than five- hundred dollars, bear-

seren per cent, lug a rate of interest not exceeding seven per centum per

Mortgage corpo- annum, for any amoTint so borrowed, and mortgage the

ration proper y. corporation property and franchises or convey the same by
deed of trust to secure the payment of any debt contract-
ed by said company for the purpose aforesaid; and the di-
rectors of said company may confer on any. bo'ndholder of
any bond issued for money borrowed as aforesaid the right
to convert the principal due or owing thereon into stock
of said company at any time, not exceeding ten years from
the date of the bond, under such regulations as thedirect-

vaiid. ors of said company sec fit to adopt; and all sales of stock

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

countiefl. ^ 16. Each of the couuties through which the Said rail-

road may be located or run shall have the power and right,
by the county court of such of the said counties, respect-
ively, to subscribe for stock and becoming stockholders in
the said railroad, the said counties, each, being the repre-
sentative of the stock so subscribed; and for this purpose

Counties to bor- each of the said counties as aforesaid is hereby authorised,

rnw money. /• >• , ,• . i l e

from time to time, to borrow such sum or sums of money
as maybe necessary for the purpose aforesaid; to issue and
in any way dispose of or hypothecate their bonds, in de-
nominations of not less than four hundred dollars, bearing
a rate of interest not exceeding seven per cent, per annum
for any amount so borrowed, and to mortgage the shares
so taken or convey the same by deed of trust to secure
the payment of any debt contracted by said county so sub-
scribing for the purpose aforesaid; and each of said coun-
ties hereby authorised in the premises aforesaid to by their

o»unty court, couuty court as fully act as individuals might or could do;
and each of said counties shall ard it is hereby made the

Election. duty of the county court of each of the said counties to

order an election to be held on the first Monday in June,
1855, or at such other times as the county court may or-
der, from time to time, and a vote to be taken in each of
the said counties through which the said railroad may pass,

Vote for or a- for and against the county taking stock in the said railroad.
n a majority oi the votes cast are m tavor oi stock, as

gainst
stock.

taking

311 1855.

aforesaid, it shall be the duty of the county court to sub-
scribe for stock to the amount of not less than fifty and not
more than one hundred thousand dollars : Provided^ that
the stock so subscribed shall alone be responsible for the
stock taken by any of the counties, as aforesaid.

§ 1 7. The width of said railroad shall not be more than widm of iom.
two hundred feet.

§ 18. This act shall be deemed a public act, and shall
be favorably construed for all purposes therein expressed
and declared, in all courts and places whatsoever, and
shall be in force from and after its passage : Provided, Time ot tom-
said railroad shall be completed within six years from the
passage of this act.

Approved Feb. 14, 1855.

AN ACT to authorise the Indiana and Illinois Centra! Railway Company to in force Feb. u.
extend thein road. 1S55.

Section 1. Be it enacted by the people of the state oj
Illinois, represented in the General Jissembly, That the
Indiana and Illinois Central Railway Company be and is Power to eitem
hereby authorised and empowered to extend their railroad
from Decatur, in ."'lacon county, to the Mississippi river,
in Madison county, north of township two (2) north, op-
posite North Market street, in the city of St. Louis, so as
to make the section road from Decatur, in Macon county,
through Taylorville, in Christian county; Litchfield, in
Montgomery county; Stanton, in Macoupin county, and
Edwardsville, in Madison county; and said company shall
establish and maintain depots at each of said places, to the
Mississippi river, in Madison county, north of township two
(2) north, opposite North Market street, in the city of St.
Louis, upon the most eligible and direct route; and for the
purpose of constructing, equipping, r inning and maintain-
ing such extension said company are hereby invested with
all the rights, powers and privileges and made subject to
all liabilities and restrictions conferred and imposed by laws
creating said company.

§ 2. For the purpose of carrying into effect the provi- sraymcreaw! cai
sions of the following section said Indiana and Illinois Cen-
tral Railway Company shall have power to increase their
capital stock to a sum suificient to construct and equip the
said extension.

§ 3. The said extension shall be commenced within two Time ot oemju-
years and finished within seven years from the passage of
this act.

1855

312

§ 4. This act shall be deemed and taken as public, and
shall be liberally construed in all courts of law and equity,
and shall be in force from and alter its passage.

Approved Feb. 14, 1865.

re Fe!
1S56.

<JoriK>rator>

Naiue anil ^t.vle.

Tak? private pro-
•>eTty.

I5j AN ACT to incorp jrale the lUiiiois Central Cross Railroad Company.

Section 1. Be it enacted by the people of the state oj
Illinois, represented in the General Assembly, That Robert
Lewis, Daniel Dragsdrom, Isham Atchison, John Maxwell,
Joseph Orinduff, William Ciagg, William V. McCord, Wil-
liam Allen, E. B. Harpham, Richard Gill and A. K. Mar-
tin, and sucii other persons they may associate with them,
their successors and assigns, be and they are hereby con-
stituted a body corporate and politic, under the style of
"The Illinois Central Cross Railroad Company," for th6
purpose of surveying, locating and constructing and ope-
rating said road, from the town of Ha\-anna, on the Illinois
river, Mason countyj thence by the most eligible route east
through the towns of Atlanta, Waynesville and Mount Plea-
sant, to the eastern branch of the Illinois Central Railroad,
witliiii ten miles of a station on said road called Pera, with
the privilege of extending said road west to [a] point on
the Mississippi river, and also east to a point on the state
line between this state and the state of Indiana, whenever
said company shall fully organize in compliance of the pro-
visions of an act entitled "An act to provide for a general
system of railroads and corporations," approved Novem-
ber 5tii, 1849.

§ 2. Said road, with the points above herein indicated,
is hereby declared of suliicient public utility to justify the
taking of private property for the location, construction
and maintenance thereof, and the property of the state of
Illinois; and the company is hereby authorised to take the
private property and the property of the state for the pur-
pose of constructing and maintenance of the same, with the
right of crossing ol' other railroads, by indemnifying the
owners thereof for the damage incurred thereby, in the
manner prescribed in the act referred to as aforesaid.

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

Approved Feb. 15, 1865.

313 1855.

AN ACT to incorporate the Belvidere and La Salle Railroad Company. In force F-eb. 14,

1855.

Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly, That all
such persons as shall become stockholders, agreeably 'o Bodypoutic.
the provisions of this act, in this corporation hereby cre-
ated, shall be, and for the term of sixty years from and
after the passage of this act, shall continue to be a body
corporate and politic, by the name and style of "The Bel- Name and style.
videre and La Salle Railroad Company;" and by that name
shall have succession for the term of years above specified;
may sue and be sued, complain and defend in any court of General powers.
law or equity; may make and use a common seal, and alter
the same at pleasure; may make by-laws, rules and regula-
tions for the management of property, the regulation of
the affairs, and for the transfer of the stock, not inconsist-
ent with the existing laws and constitution of this state
or of the United States; and may moreover appoint such
subordinate agents, oflficers and servants as the business of
the company may require, prescribe their duties, and re-
quire bond for the faithful performance thereof.

§ 2. That M. G. Leonard, A. C. Fuller, Noah C. Am- OommissionerB.
selen, H. C. Walker, Alex'r. Neeiey, James Waterman and
Daniel Leonard be and they are hereby appointed commis-
sioners for the purpose of procuring subscriptions to the
capital stock of said company, giving notice of the time
and place when and where said books will be opened, at
least twenty days previous thereto, by publication in some
newspaper published in Belvidere and La Salle. The said
commissioners, or a majority of them, shall attend at the openbookB.
places appointed for the opening of said books, and shall
continue to receive subscriptions, either personally or by
such agents as they shall appoint for that purpose, until
the sum of twenty thousand dollars shall have been sub-
scribed; and as soon as said sura of twenty thousand dol-
lars is subscribed, the said commissioners shall give twen-
ty <^ays' notice, by publication in a newspaper published in
Belvidere and La Salle, of an election by said stockhold- Election of dire«-
ers of a board of directors, as hereinafter provided, for
the management of said company. At such time and place
appointed for that purpose, the commissioners, or a major-
ity of them, shall attend and act as inspectors of said elec- inspectors of e-
tion, and the stockholders present shall proceed to elect
nineteen directors, by ballot; and the commissioners pres-
ent shall certify the result of such election, under their certify result,
hands, which certificate shall be recorded in the record
biok of said company, and shall be sufficient evidence of
the election of the directors therein named. The directors T«rmof office.
thus elected shall hold their offices for cne year, and until
their successors are elected and qualified.

1855.

314

(-apltalstoott.

To be considered
personal proper-
ty.

Government to be
vested In tsoard
of directors.

Term of office.

Elect president.

DirectorB may di-
minish or in-
crease their
number.

Make calls.

Notice.

Locate and com-
plete road.

§ 3. The capital stock of said company shall be three
hundred thousand dollars, with power to increase the same
to a sufficient sum to complete the work herein authorised,
not exceeding twenty-five thousand dollars per mile; and
the same shall be subscribed for and taken under the direc-
tion of the board of directors of said company, in such time,
place and manner as the said directors shall, from *ime to
time, direct. The shares in said company shall be deemed
and considered as personal property.

§ 4. The affairs of said company shall be managed by a
board of thirteen directors, to be chosen annually by the
stockholders from among themselves. At all elections for
directors each stockholder shall be entitled to one vote for
every share held by him, and may vote either personally or
by proxy, and a plurality of votes given at any election
shall determine the choice; and no stockholder shall be
allowed to vote, at any election after the first, for any
stock which shall have been assigned to him within thirty
days previous to such election. The directors shall hold
their offices for one year after elected, and until their suc-
cessors are elected and qualified, and shall elect one of
their number president of said board ; and in case of any
vacancy occuring in said board of directors, between
elections, the same may be filled by the board at any legal
meeting of the directors ; and the person so elected to fill
the vacancy shall hold his office until the next annual
meeting of the stockholders. In case of the absence of the
president .)f the board, the directors shall have power to
elect a president pro tempore^ who shall exercise, for the
time being, all the legal powers of the president of said com-
pany; and the said board of directors may diminish their
number to not less than nine, or increase their number not
exceeding fifteen, by a vote of the majority of ihe stock-
holders present at any annual meeting.

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

§ 6. The said company are hereby authorized and em-
powered to locate, construct and complete, maintain and
operate a railroad, with a 'ingle or double track, and with
such appendages as may be deemed necessary by the di-

315 1855.

rectors for the convenient use of the same, from a point
near the centre of the village of Belvidere, to the city of ^o^*^-
La Salle, and shall have power to build branches to con-
nect said road with any railroad or railroads in either or
any of the counties through which said road shall pass, and
to survey and determine the line of said road upon such
route as the said company shall deem most eligible. And
the said company are further authorised to use and operate
said railroad, and shall have power and authority to regu-
late the time and manner in*which goods, effects and per-
sons shall be transported on the same, and to prescribe the
manner in which said railroad shall be used, and the rate
of toll for transportation of persons and property thereon, Traasponaiion.
and for tl e storage of merchandise and other property
under their charge; and shall have power to provide all ne-
cessary depots, stations, shops and other buildings and ma-
chinery for the accommodation, management and opera-
tion of said road.

§ 7. That said company are hereby authorized, by their Purveys.
engineers and agents, to enter upon any lands for the pur-
pose of making the necessary surveys and examinations
of said road, and enter upon and take and hold all lands
necessary for the construction of said railroad and branch-
es and its appendages, first making just, reasonable com- ^d^ages"°° ''^'^
pensation to the owners of said land, for any damages that
may arise to them from the building of said railroad ; an I
in case said company shall not be able to obtain the title of
said lands through which the said road shall be laid, by pur-
chase or voluntary cession, the said company are hereby au-
thorised to proceed to ascertain the damages sustained by
Buch owner or owners, and determine the same in the man-
ner and upon the principles provided by the 92d chapter of
the Revised Statutes of this state, entitled "Right of Way:" ^'shtof wa,.
Provided, that after the appraisal of damages, as provided
in said statute, and upon the deposite of the amount ol such
appraisal with the clerk of the circuit court of the county
wherein such lands may be situated, the said company are
hereby authorized to enter upon such lands for the con-
struction of said road.

§ 8. The said company are authorised and empowered ^'^^'''''^^^^'
to borrow, from time to time, such sums of money, not ex-
ceeding the capital stock of said company, as in their opin-
ion may be deemed necessary to aid the construction of
said road, and pay any rate of interest therefor, not ex-
ceeding 10 per cent., and to pledge and mortgage the said
road and its appendages, or any part thereof, or any other ^
property or effects, rights, credits or franchises of the said
company, as security for any loan of money and interest
thereon, and to dispose of the bonds issued for such loan

ses, &c.

1856. 316

at such rate or on such terras as the board of directors may
determine.

orosg water eom- 5» 9. Said Corporation may construct their said road
and branches over or across any stream or water, water
course, road, highway, railroad or canal which the route
of its road shall intersect, but the corporation shall restore
the stream, water course, road or highway thus intersect-
ed to its former state, or in a sufficient manner not to have
impaired its usefulness. Whenever the track of said rail-
road shall cross a road or highway, such road or highway
may be carried under or over said track, as may be found
most expedient; and in case where an embankment or cut-
ting shall make a change in the line of such road or high-
way desirable with a view to a more easy ascent or de-
scent the said company may take such additional limits for
the construction of such roads or highways as may be
deemed requisite by said corporation, unless the lands so
taken shall be purchased or voluntarily given for the pur-
pose aforesaid. Compensation tlierefor shall be ascertained
in the manner in this act provided, as nearly as iiiay be,
and duly made by said corporation to the owners and per-
sons interested in such lands — the same, wlien so taken or
compensation made, to become a part of such intersecting
road or highway, in such manner and by such tenure as the
adjacent parts of said highway may be held for highway
purposes.

0nion with othei § 10. It shall be lawful for the said company to unite
with any other railroad company which may have been or
may hereafter be incorporated by this state, and to grant
to any such company or companies the right to construct
and use all or any portion of the road hereby authorised to
be constructed; also, the right to sell, lease or convey the
same to said company or companies or consolidate its stock
therewith and place the management and control of the same
under such board of directors, upon such terms as may be
mutually agreed upon between the said railroad companies.

Penalty tor ob- § 11. Any pcrsou wlio shall willfully injure or obstruct
the said road or any of its appurtenances thereto shall be
guilty of a misdemeanor, and shall forfeit to the use of the
company a sum three-fold the amount of the damages oc-
casioned by such injury or obstruction, to be recovered in
an action of debt, in the name of said company, with costs
of suit, before any justice of the peace or before any court
of record in this state.

§ 12. The said company shall be allowed three years
from the passage of this for the commencement of the con-
struction of said railroad, and in case the same shall not be
completed in ten years thereafter the privileges herein
granced shall be forfeited.

roails.

structlng roads.

317 1855.

§ 13. This act shall be deemed and taken as a public act,
and sha'l be construed beneficially for all purposes herein
specified and intended, and shall take eflfect from and after
its passage.

xippRovED Feb. 14, 1855.

AN ACT to amend an act to incorporate the Rockton and Freeport Rail- in force Feb. 13,
road Company, approved February 10th, 1853. 1855.

Section 1. B& it enacted by the people of the state oj
Illinois^ represented in the General Assembly^ That tlie
name and style of the Rockton and Freeport Railroad Com- Name changed.
pany be and the same is hereby changed to that of the
Racine and Mississippi Railroad Company.

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

Approved Feb. 13, 1655.

AN ACr to incorporate the Rock Island and Peoria Railroad Company.

[Section 1.] Be it enacted by the people of the state
of IHinoi^^ represented in the General Jlssembly^ That all
such persons as shall become stockholders agreeably to the ^^^ corvorate
provisions of the corporation hereby created shall be and and pontic.
for the term of ninety years from and after the passage of
this act shall continue to be a body corporate and politic,
by the name of "The Rock Island and Peoria Railroad
Company;" and by that name shall have succession for the uame andityie.
term of years above specified; may sue and be sued, com-
plain or defend in any court of law or equity; may make General powers.
and use a common seal and alter the same at pleasure; may
make by-laws, rules and regulations, for the management
of property, the regulation of its affairs and lor the transfer
of its stock, not inconsistent with the existing laws and
constitution ot this state or the United States; and may
appoint such officers, agents and servants as the business

of the said company may require duties

and require bond for the faithful performance thereof.

§ 2. That Charles Buford, Holmes Hakes, Baiiy commiisionerr,.
Davenport, William Thomas Riggs, Jeremiah Baldwin,
Olof Johnson, Nelson Gaines, O. H. Edwards, Augustus A.
Dunn, William Ayres, Morrison Francis, Stephen Palmer,
Benjamin Turner, Thomas Hall, P. O. Whitaker, Sylves-
ter Blish, William S. Moss, William Kellogg, Onslow Pe-
ters and John Frink be they are hereby appointed commis-

Notice of election

Inspectors of e-

1865. 318

sioners for the purpose of procuring subscriptions to the
capital stock of said company, whose duty it shall be to
OpeniMots. open books for subscriptions to the capital stock of said
company, giving notice of the time and place when and
where said books will be opened at least thirty days pre-
vious thereto, by publication in some newspaper published
in each of the counties through which said road may pass,
or, if no paper is published in any of the counties through
which said road may pass, then to be published in those
counties where papers are published. The said commis-
oominis.sioners. giQ^iers, OT a majority of them, shall attend at the places
appointed for the opening of said books and shall continue
to receive subscriptions either by themselves or agents ap-
pointed by them for such purpose, until the sum of one
hundred thousand dollars is subscribed; and soon as said
sum of one hundred thousand dollars is subscribed, the said
commissioners shall give twenty days' notice, by publica-
tion in some public newspaper published in the city of Rock
Island, of an election by said stockholders of a board of
directors, as hereinafter provided, for the management of
said company. At such time and place, so appointed for
that purpiiSe the commissioners or a majority of them, shall
attend and act as inspectors of election ; and the stock-
lect'ion. holdcrs prcscut shall proceed to elect ten directors, by

Certify result, ballot; and the commissioners present shall certify the re-
sult of such ejection under their hands ; which certificate
be recorded, shall be recordcd on the record books of said company,
and shall be sufficient evidence of the election of the di-
Term of office of Tectors therein named. The directors thus elected shall
directora. jjold their office for one year and until their successors are

elected and qualified.
capitaistocfe. § 3. The capital stock of said company shall be five

hundred thousand dollars, which shall be divided into
shares of one hundred dollars each, and may be increased
by the directors of said company to any sum necessary to
complete the works herein authorized ; and the same shall
be subscribed for and taken under the direction of the
Board of direct- board of dircctors of said company, at such time and in
***■ such place and manner as the said directors shall from

neemed personal time to time direct ; the shares of said capital stock of said
property. company shall be deemed and considered personal pro-

perty.
Kieet directors § 4. The affairs of said company shall be managed by
anBn»iiy. j^ board of ten directors, to be chosen annually by the

stockholders from among themselves. At all elections for
directors each stockholder shall be entitled to one vote for
each share of stock held by him, and may vote personally
or by proxy ; and a plurality of votes given at any election
ishall determine the choice. The directors shall elect one
of their number as president of the boe.rd ; and in case of

319 1855.

any vacancy occurring in said board of directors, between vacancieg, now
elections, the same may be filled by the board at any legal
meeting of tb>e directors; and the person so elected to fill
the vacancy, shall hold his office until the next annual
meeting of the stockholders. In case of the absence of
the president of the board, the directors may elect a pres-
ident ^^ro tempore.^ who shall exercise, tor the time being,
all the legal powers of the president of the board.

§ 5, It shall be lawful for the directors to make calls Makecaiis.
upon the sums subscribed to the capital stock of said com-
pany, £it such times and in such amounts, as they shall
deem fit, giving at least thirty days' notice of each of said
calls in at least two newspapers published in the vi-
cinity of said road ; and in case of any failure on the part
of any stockholder to make payment of any call made as
aforesaid by the said directors for sixty days after the same
shall have been done, the said board of directors are here- Forfeited.
by authorized to declare said stock so in arrears and all
sums paid thereon, forfeited to the company.

§ 6. The said company are hereby authorized and em- Location of road.
powered to locate, construct and complete and to main-
tain and operate a railroad, with a single or double track
and with such appurtenances as may be deemed necessa-
ry by the directors for the convenient use of the same,
from the city of RK)ck Island, thence by the most eligible
route through Coal Valley, in Rock Island county, to or Route.
near the town of Cambridge^ in Henry County ; thence to
the town of Toulon, in the county of Stark ; and from
thence to the city of Peoria, in Peoria county. And said
company may survey and determine the line of said road
upon such route between said points as the said company
shall deem most eligible. And the said company are
further authorised to use and operate said railroad ; and
shall fiave power and authority to regulate the time and
manner in which goods and eiFects and persons shall be Transportation.
transported on the same, and prescribe the manner in which
said railroad shall be used, and the rate of toll for the
transportation of persons and property thereon, and for the
storage of merchandise and other property under their Merci;ai!dise.
charge, and shall have power to provide all necessary stock
and material for the operation of said road, and shall have
power to erect and maintain all necessary depots, stations, Erect bwidinga.
shops and other bnildings and machinery, for the accommo-
dation, management and operation of said road.

§ 7. The said road, when so located, shall be divided Road to bedivi-
into four divisions, as follows, to wit : The first division to ^^'^'
be composed of that portion of said road situate and being pirst division.
between the city of Rock Island and a point on the south
side of Rock River, at or near Caraden. The second di- second diyision.
vision thereof to be composed of that portion of said road

1855.

320

Third division.

situate and being between the point last named and Coal
Valley, or near the south-west quarter of the south-west
quarter of section twenty- six, in township seventeen
nortli, of range one west of the fourth principal meridian.
The third division thereof to be composed of that portion
of Fiaid road situate and being between the point last
named and a point at or near the town of Cambridge, in

Fourth .liviaion. Henry county. The fourth division thereof to be compo-
sed of that portion cf said road situate and being between
the point last named, at or near the town of Cambridge,

Fifth jivifiou. and the town of Toulon, in Stark county. And the fifth
division thereof to be composed of <^hat portion of said
road situate and being between the point last named, at
Toulon, in Stark county, to the city of Peoria, in Peoria
county; and it may be lawful for the subscription of the
stock to said road to be taken and subscribed for either of
the s-<id divisions or for the whole of said road, as those
taking and subscribing for the sai§e may deem proper; and
in the event that the whole or any portion of said stock
be taken and subscribed for by divisions, the amount of
stock so taken and subscribed for by divisions sitall be
applied and expended in the construction of that particu-
lar division for which the same was subscribed for and
taken.

§ 8. The said company are hereby .authorized by their
engineers and agents to enter upon any lands for the pur-
poses of making the necessary survey and examinations
of said road, and to enter upon and take and hold all
lands necessary for the construction of said railroad and
its appendages, first making just and reasonable compen-
sation to the owners of said land for any damages that
may arise to them from the building of said railroad; and
in case said company shall not be able to obtain the title
to the lands through which the said road shall be laid, by
purchase or voluntary cession, the said company are
hereby authorized to proceed to ascertain and determine
the damages sustained by such owner, or owners, in
the manner and upon the principles provided in an act
to amend the law condemning right of way for purposes
of internal improvement, approved June 22, 1852.

§ 9. The said company are authorized and empowered
to borrow from time to time such sum or sums of money
as in their discretion may be deemed necessary to aid in
the construction of said road, and to pledge and mort-
gage the said road and its appendages, or any part there-
of, or any other property or effects, rights, credits or fran-
chises of the said company, as security for any loan of
money and interest thereon, and to dispose of the bonds
issued for such loan at such rates or on such terms as the
board of directors may determine.

Survey and

amlnatioos.

Compensation for
damages.

Right of way.

Sorrow niouey.

May mortgage
the road.

321 « 1855.

§ 10. Said company shall be bound to repair all pub- Rei»ir damages.
lie hii^hways, bridges and water courses wiiich may be in-
jured in constructing tlie said railroad and its appenda-
ges, and shall restore theiu as far as practicable to as good
a condition as they were before thej' were injured by
reason of the construction of said road.

§ II. Any person who shall wiilfulljMnjure or obstruct Pe'mity tor ob.
the said road or any part of the appendages thereto shall
be deemed guilty of a misdemeanor, and shall forfeit to the
use of the company a sun^ three fold the amount of the
damages occasioned by suj^h injury or obstruction, to be
recovered in an action of debt, in the name of said com-
pany, with costs of suit, before any justice of the peace or
before any court of record in tliis state.

§ 12. The said company shall be allowed three years >nmi ot a.mpi<>-.
from the passage of this act for the commencement of said *'°°'
railroad, and ten years thereafter for the completion of
the same.

§ 13. This act shall be deemed and taken as a public
acf, and shall be construed beueficiaily for all purposes
herein specified or intended.

Approved Feb. 14, 1856.

AN ACT to amend the act entitled "An act to incorporate the Terre in f»rc« Feb. u.
Haute and York Junction Railroad Company," approved February 12th, \9S5.

1853, and the act amendatory thereof, approved Feb'y 28, 1854.

Section 1. Be it enacted hy the people of the state of
Illinois, represented in the General Assembly^ That the
Terre Haute and York Junction Railroad Company shall Lowte termiuu*.
have full power and authority to locate the eastern termi-
nus of said road at any point on the Wabash river which
the directors may determine, within ten miles above or
below the town of York, and construct the same under
the powers aiid privileges heretofore granted.

§ 2. James Farmington, Chauncey Rose, M. O'Kean, openiwoki.
Samuel Crawf >rd, M. N. McLean, Edward Condit and
John Stocking be and they are hereby appointed commis-
sioners, a majority of whom may open books of subscrip-
tion to the stock of said company; and when the sum of
eighty-five thousand dollars of said stock shall be duly sub-
scribed, and five per cent, thereon paid, the said commis-
sioners shall notify the stockholders in the manner point-
ed out in the original act to elect a board of nine direct- Boardofd^r,otcra
ors to manage the affairs of said company; and so much of ^ ^'* siec^i.
the said original act, embraced m section six, and the act
amendatory thereof, embraced in section." two and three,
35

1855. 322

as provides or names a board of directors for said road be
and the same is hereby repealed.
Directors may § 3. The directors of said company shall liave power
tiiangoname. ^i|;{j2jj Qj^g year to change the corporate name of said
company, by adopting a resolution specifying such name;
causing the same to be recorded in tiieir own journal and
in the several counties through which the line of said road
may run, and causing the same to be published in two
papers at Springfield and all the papers published on the
line of said road. ♦

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

Approved Feb. 14, 1855.

In force feb. 14, AN ACT fo change the name .and lo ainppd the charter of the Ciiicago
i'~^55. and Mississipi'i Railroad Company. i>nd 'o authorise said company, and

the I'elleville and Illinoistown Railroai! Company, and the Teire Haute
and Alton Railroad company, to make contract'^ and runninjj arrange-
ments with each other, or to lease or ony the road of tiie said Belleville
and Illinoistown Railroad Company.

Section 1. Be it enacted by the people oj tfic slate oj
Illinou, repre!^ented in the General tMssemhly, Tiiat 'tiie
name of the said Chicago and Mississippi Railroad Com-
Kftine ciKMiged. pany be and is hereby Changed and declared henceforth
to be "The Chicago, Alton and St. Louis Railroad Com-
pany;" and by and under tiiat name said corporation shall
be henceforth known, and have its corporate exist-
ence, and hold and be possessed of all the rights, powers
and privileges granted to ''The Alton and Sangamon Rail-
road Company," in the original charter of said company,
as also under all the amendments made to said charter,
and shall be and become vested with all the property and
estate of every kind whatever vested in the name of "The
Alton and Sangamon Railroad Company," or in the name
of "The Chicago and Mississippi Railroad Company,"
and become liable to all restrictions, contracts, bonds,
mortgages and obligations made or incurred in their origin
al name, or in the name of "The Chicago and Mississippi
Railroad Company;" and all suits now pending or liabili-
ties incurred, or agreements made in said original name,
or in the name of "The Chicago and Mississippi Railroad
Company," shall proceed and continue to be enforced
without any delay on account of said alteration, upon the
■uggestion of the change of name being entered of record
in any court where any such suits, agreements, liabilities

323 1855.

or rights may be pending or hereafter sought to be en-
forced.

§ 2. Tiie said company shall have power and are here- Pow^r to txiend
by authorised to extend their road from its present ter- roaaoftheTen-e
minus in the city of Alton to the present terminus of the Hauroaa '^ co^l'
Terre Haute and Alton Railroad in said city, and to unite p^"?-
with the road of said last mentioned company and to con-
tract with and use the road of said Terre Haute and Al-
ton Railroad Company from such point of uni^n to the in-
tersection of said last mentioned road with the road oi the
Belleville and Illinoistown Railroad Company, near Wood
river, in Madison county, upon such terms and conditions
as shall mutually be agreed upon by the said Terre Haute
and Alton Railroad Company and the said Chicago, Alton
and St. Louis Railroad Company; or in case said compa-
nies shall not agree, then upon such terms as shall be fix- m ewe ct uis-8-
ed by disinterested persons, skilled and experienced in ciwX^dismter-
the management of railroads, one to be named by each ***''' 'i^^^ne.
company, and the t^vo in case ol disagreement, to choose
a third, whose decision shall be final, but neither company
shall select a person objectionable to the other. Before
said last mentioned extension shall be allowed, the said
Chicago, Alton and St. Louis Company and the Terre
Haute and Alton Railroad Company shall locate and .^

establish a geneial union depot in said city of Alton, and -W'

keep and maintain the same.

In case the said Terre Haute and Akon Railroad Com- Terre Hauu- ami
pany shall not, within sixty days after being requested so compnny?"^**
to do by the aaid Chicago, Alton and St. Louis Railroad
Company, execute and deliver to said last mentioned com-
pany their consent in writing to the terms of this act, and
also a cmtract authorising theui to use that part of the
road of the said Terre Haute and Alton Railroad Compa-
ny, between its present terminus in Alton and the said in-
tersection with the Belleville and Illinoistown Railroad,
upon the terras contemplated by this act, then the said
Chicago, Alton and St. Louis Railroad Company shall
have the power and are hereby authorised to extend their
:5aid road and unite with the road of the said Belleville
and Illinoistown Railroad Company, at or near Wood riv-
er, and at the most convenient point, not exceeding four
miles from the city of Alton. The said Belleville and Il-
linoistown Railroad Company are hereby authorised to
make running arrangements and contracts with the said
Chicago, Alton and St. Louis Railroad Company and the
Terre Haute and Alton Railroad Company, or either of
them, and also to lease or sell to said last mentioned com-
panies, or either of them, the whole or any part of their
road, and the said last mentioned companies, or either of
them, are authorised to make such contracts, lease or

2 855. 324

purchase of said Belleville and Illinoistown Railroad; but
no such contract, lease or sale shall affect any contract
heretofore made by either of said companies witli the
other.

Tviioviiie an* i;- § 3. The Said Belleville and Illiuoistown Railroad Com-
r^TcompIny' P^'W ^^all have the right and are hereby authorised to
contract witli and use the road of the said Terre Haute
and Alton Railroad Company from the intersection of said
road, near Wood river, to the junction of the said Terre
Haute and Alton Railroad Company with the road of the
Chicago, Alton and St. Louis Railroad Company in Alton,
and also to contract with and use the extension of the road
of the Chicago, Alton and St. Louis Railroad Company,
from Alton to or near Wood river, or any part of the said
extension, if the same shall be built, as provided in the
last section, upon such terms and conditions as shall mu-
tually be agreed upon by said compciaies respectively, or
in case said companies shall not agree, then upon such
terms and conditions as shall be fixed by disinterested
persons skilled and experienced in the management of
railroads, one to be named by each company, and the two,.
in case of disagreement, to select a third, whose decision,
shall be final; but neither company shall select a person
objectionable to the other.

Btiss of exchange. § 4. The Said Chicago, Alton and St. Louis Railroad
Company shall have power, for the purpose of paying its
bonds, or the interest thereon, or any debts due by said
company without the state^ to purchase bills af exchangu-
for remittance.

Tliis act shall take effect and be iu force from and af-
ter its passage.

Approved Feb. 14^ 1855s,

•|?afojc« Fdb. 14, AN ACT to amend the ciiarfer of the *;hics!;o and Rock fsl&nd Rail'rcafS
WB6.. Company.

Be it enacted by the people of the state of Illinois^ repre-
sented in the General Jissembly, That the board of di-
May increase the rcctors of the Chicago and Rock Island Railroad Compa-
:apitai itock. ^^ ^j^^H j^^^^ f^jj power, from time to time, to increase

the capital stock of said company to such an amount as
shall be equal to the entire cost of the construction and
equipment of its said road.

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

Approved Feb. 14, 1855.

325 1S55.

AN ACT (o ii create the capital stock of the Peoria and Oquaka Railroad

Company.

Be it enacted hij the peo2)le of the state of Illinois^ repre-
sented in the General t^ssembly^ That che capital stock
of the Peoria and Oquaka Railroad Company be and the capiisi et k u
same is hereby increased one million dollars in addition to '^"^^
the present capital stock of said company.

Approved Feb. 14, 1855.

AN ACT to incorporate the Mount Sfeiling an.! Cnmp Point Eailroad In fore Fti. i;-.

Company. i^o'.

Section 1. Be it enacted by the people of the state oj
Illinois, represented, in the General Assembly, That John
Means, A. J. F. Prevost, J. P. Nye, Sidney Parker, Rob- Conwa«or».
ert Campbell, John McCo), Hiram Boyl, Peter B. Gar-
rett, John Marrett, William H. Carlin and their associates,
successors and assigns are hereby created a body corporate
and politic, under the name and style of "The Mount Ster- Name anj styie.
ling and Camp Point Railroad Company," witii perpetual
succession, and by thai name and style be, and they are
hereby made capable in k.w or equity to sue and be sued. General p.,xverii.
plead and be impleaded, deiend 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,
j)rivileges and immunities wiiich are or may be necessary
to carry into effect the purposes and objects ol this act as
are hereinafter set forth ; and said company are hereby
authorised and empowered to locate, construct and com-
plete a railroad from Mount Sterling, Brown county, to
Camp Point, on the most direct and elegible route be-
tween those points, which road shall not exceed in width
one hundred feet, and for the purpose of cuttings, embank-
ments, stone and gravel, may take as much more land as
may be necessary for the proper construction of and se-
curity of said railroad.

§ 2. The capital stock of said company shall consist capuaj st«ck.
of five hundred thousand dollars, to be divided into shares
of one hundred dollars each. The immediate government
and direction of said company shall be vested in live di-
rectors, who sliall be chosen by the stockholders of said DtrecuiP.
company, in tlie manner hereinafter provided, who shall
hold their offices for one year after their election and Termo* .'/ke-
until their successors are chosen and qualified; and the

1855. 326

said directors, a majority of whom shall form a quorum
for the transaction of business, shall elect one of their
number president, and shall have power to appoint the

omcors. necessary clerk, a secretary, treasurer and otb.er officers

necessary for the transaction of the business of said com-
pany.

High, of way, § 3. The Said company, and under their direction,

their agents, servants and workmen, are hereby authorised
and empowered to enter into and upon the lands and
grounds belonging to the state or to any person or per-
sons, bodies politic or corporate, and survey and take lev-
els of the same or any part thereof, and to set out and as-
certain such parts as they shall deem necessary anti prop-
er for making said railroad, with one or more tracks or
sets of rails, and for all the purposes connected with
said railroad, for which the said corporation is authorised
to have, take and appropriate any lands, and to fell and
cut down all timber and other trees standing or being
within one hundred feet on each side of the line of said

f # road; the damages occasioned by the felling of such trees,

TiAT„->?«>. unless otherwise settled, to be assessed and paid for in

manner hereinafter provided for assessing and paying dam-
ages for land taken for the use of said company, and also
to build, make, erect and set up, ir and upon the route of
said railroad or upon the land adjoining or near the same,
all such works, ways, reads and conveniences as may be
requisite and convenient for the purpose of said railroad;
and also from time to time to alter, repair, amend, widen
or enlarge the same or any of the conveniences above
mentioned, as well for the carrying, conveying goods,
commodities, timber or other things to and upon said rail-
road, as for the carrying, conveying all manner of mate-
rials necessary for the making, erecting, furnishing, alter-
ing, repairing amending or enlarging th.e works of or con-
nected with said railroad, and to contract and agree with
the owner or owners thereof for earth, timber, gravel,
stone or other material, or any article whatever which
may be v/anted n the construction or repair of said rail-
road or any of its appurtenances, the said company doing
as little damage as possible in the execution of said power
liereby granted, and making satisfaction for all damages
sustained by the owner or owners of said land; and in case
of a disagreement as to the amount of damages sustained
by the owner or owners of said land occasioned by the
said company exercising any of the powers herein grant-
ed, the price or amount of such damage shall be estima-

paniflg^iex^timfi-- ted, fixed and recovered in the manner provided for taking
lands for the construction of public roads, canals or other
public works, as prescribed by the act concerning the
right of way, approved March 3d3 1845,

327 1855.

6 4. If any person sliall willfully, wantonly or mali- Penalty for ot-
ciously ana contrary to law, obstruct the passage oi any
car on any part of said railroad, or anything belonging
thereto, or shall damage, break or destroy any part of
said railroad, implements, or buildings, he, she or they, or
any person assisting, shall forfeit and pay to said company
for every such offence, treble the amount of damages
which may be proven to have been sustained by said compa-
ny before any competent court, and be sued for in the name
and behalf of said company, and such offender or offend-
ers shall be deemed guilty of a misdemeasor, and shall be
liable to an indictment in the same manner as other in-,
dictments are found in any county where such offence
shall have been committed, and upon conviction, every
sue!) offender shall be liable to a fine, not exceeding five
thousand dollars, for the use of the county where such in-
dictment may be found, and may be imprisoned in the
county jail for any time not exceeding six months, at the
discretion of the court.

§ 5. The time for holding the annual meetings of said Time of botuii;^
company for the election of directors sliall be fixed and uigB.'
determined by the by-laws of said company, and at all
meetings each stockholder shall be entitled to one vote
for each share he, she or they may hold bona fide in said
company upon which all installments called for have been
paid, which vote may be given in person or by proxy.

§ 6. John Means, A. J. F. Prevost, J. P.Nye, Sidney Commissioi.cH
Parker, William H. Carlin, John McCoy, John Marrett,
Peter B. Garrett, Hiiam Boyle and Robert Campbell, are
hereby appointed commissioners, who, or a majority of
whom, after a meeting duly called by twenty days' notice
thereof being given, are hereby authorised to open sub- open b^-oks.
scription books for said stock, at such places as they may
deem proper, and shall keep such books open until one
hundred thousand dollars of said capital stock shall be
taken; said commissioners shall require each subscriber
to pay five per cent- upjn the amount of stock by him
taken, at the time of subscribing for the same; the said
commissioners shall immediately thereafter call a meeting Meeting ot stock-
of stockholders, by giving thirty days' notice thereof, in
the same manner that notice shall have been given for a
meeting of the commissioners, and at such meeting of
stockholders it shall be lawful to elect directors of said ^^^^^^^ "^ '■'
company; and when the directors of said company are cho-
sen, the said commissioners shall deliver said subscription Buoiistdhedeu.-

ooks [and] all the money received by them as commission-
ers to said directors.

§ 7. That the right of way and the real estate pur- Rjghtttway.
chased for the right of way by said company, by mutual
agreeraent%r otherwise, or which shall become the prop-

1855. 328

erty of said company by operation of law, as in this act
provided, shall, upon the payment of the amount of money
belonging to the owner or owners of said land, as a com-
pensation for the same, become the property of said com"
pany in fee simple.

i»n«!.ortftt!.)ri. § 8. The Said corporation may take and transport up-
on said railroad any person or persons, merchandise or
other property, by the force and power of steam, animals,
mechanical or other power, or a combination of them ;
and may establish and receive such rates of foil for all
passengers and property transported upon the same as the
said directors shall think proper; and the directors are
' hereby authorised and empowered to make all necessary
rules, regulations, by-laws aud ordinances tliat they may
deem necessary and expedient to accomplish the designs
and purposes, and carry into effect the provisions of this
act, and for the transfer and assignment of its stock, which
is hereby declared personal property, and transferable in
such manner as shall be provided by the by-laws and or-
dinances of said company.

rRCiiiui.s. ^ 9, In case of any vacancy occurring among the offi-

cers of said company for any cause, such vacancy or va-
cancies may be filled by the board of directors, and such
appointee shall serve until the next annual election; and
in ca«e of the absence or disability of tlie president to
preside at any meeting of the board of directors, said
board shall have power to ap})oint a president, pro tern-
pore^ who shall have and excicise all such powers and
functions as the by-laws of said corapemy may provide.
In case that an election for officers should rot be held oa
the day prescribed in this act, said corporation shall not,
for that cause, be deemed dissolved, but such election may
be held on some ot!jer day, as the by- laws of said corpo-
ration may determine.

D<Hu»ges to in § 10. That whcu the lands of any femnie covert^ mi-
nor, or any person who is nan compos mentis, or out of
the state, shall be taken in the construction of said rail-
road, as herein provided, the said corporation shall pay
the amount that shall be awarded as due to the last men-
tioned ov/ners respectively, whenever the same shall be
lawfully (knianded, together with six per cent, per an-
num; that the damages to be paid by said company for the
taking of the lands of the persons named in this section
shall be estimated and assessed in the 5nanner now in such
cases provided by lav/.

ir;UT<i\ t or cro .- §11. Whenever it shall be neccssary for th e construc-
tion of said railroad to intersect or cross a track of any
other railroad, or any stream of water, or water course,
or road, or highway on the route of said road, it shall be
lawful for the company to construct their rai^i'oad across

r»tit«, &c

track.

%-2^ 185a.

or upon the same : Provided, that the said company sit all Provib".
restore the railroad, stream of water, water course, road
or highway thus intersected or crossed, to its former state,
or in a sufficient manner not materially to impair its use-
fulness.

§ 12. Said company shall have the power to unite its '^°^7*'*r '^^^
railroad with anv other railroad now constructed, or which
may hereafter be constructed within this state, on the line
of said road or the terminus thereof, upon such terms as may
be mutually agreed upon between the companies so con-
necting, and for that purpose full power is hereby given to
said company to make and execute such contracts with
any other company as will secure the objects of said con-
nection.

§ 1-S. That the said Mount Sterling and Camp Point Borrow monfy.
Railroad Company shall have power to borrow money on
the credit of the company, not exceeding its authorised
capital stock, at a rate of interest not exceeding ten per
cent, per annum, payable semi-annually, and may execute
bonds therefor with interest coupons thereto annexed, and
secure the payment of the same by mortgage or deed of
trust on the whole or any part thereof, of the road, prop-
erty and income of the company then existing or there-
after to be acquired, and may annex to such mortgage
bonds the privilege of converting the same into the capi-
tal stock of the company at par, at the option of the hold-
ers, if such election be signified in writing to the compa-
ny three years before the maturity oi" said bonds.

§ 14. That the directors of said company be and the)' Directors to seii
are hereby authorised to negotiate and sell bonds of the
said company at such times and in such places, either
within or without this state, and at such rates and at such
prices as in their opinion will best advance the interests
of the company; and if such bonds are thus negotiated or
sold at a discount below their par value, such sale and dis-
j)Osition th(ireof shall be as valid and binding on the com-
pany in every respect as if tfiey had been sold at their
par value.

5 15. That the said company, in securing the payment to execute mort-
ot said bonds by a mortgage or deed oi trust on the road, tmst as secBrity
property and income of said company, shall have power tond^^™^"* ***
to execute a mortgage or deed of trust aforesaid, to se-
cure the payment of the full amount of bonds which the
company may at the time said deed of tiust or mortgage
bears date, or at any time thereafter, desire to sell and
dis})Ose of, and may execute and sell from time to time
such amounts of said bonds, and of such dates and payable
to such person or persons as to the directors of said com-
pany may seem advisable, till the Avhole amount of bonds
mentioned in such mortgage or deed of trust is executed
an<t sold; and said mortgage or deed of trust shall be as

1355.

330

valid and effectually to secure the payment of the bonds
so executed and sold, and of every part thereof, as if the
same and every part thereof had been executed of even
date with the said deed of trust or mortgage.

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

i ■approved Feb. 15, 1855.

Corporators.

l'if'>'"ce Fes. 14, AN ACT to incorporate the Pittsfi^id and Shelby ville Railroad Coniiiai;.v.

Whereas in ihe judgment of this general assembly the ob-
ject of incorporating the Pittsfield and Shelby ville Rail-
road Company cannot be attained under general laws;
therefore,

Section 1 . Be it enacted by the people of the stale of Illi-
nois^ represented in the General Assembly, Tiiat Col. Wm.
Ross, Solomon Parsons, A. Starne, of Pittsfield, Pike coun-
ty; Dr. W. H. Wilson, John B. Campbell, Ansel Sweet, Fes-
tus Hale, Dr. S. D. SkiUing, of Winchester, Scott county;
Newton Cloud, S. S. Duncan, of Waverly, Morgan county ,
H. M. Vandever, McBarnet, esqr., of Taylorville, Chris-
tian county ; S. W. Moulton, Gen. W. Thornton, A. Thorn-
ton, R. Higgins, of Shelbyville, Shelby county, and all such
persons as shall hereafter become stockholders in this com-
pany, are hereby incorporated, shall be a body corporate and
Name aad style, politic, by the name and style of "The Pittsfield and Shel-
byville Railroad Company," with perpetual succession; and
aenerai powers, under this name and style shall be capable of suing and be-
ing sued, impleading and being impleaded, defending and
being defended against, in law and equity, in all courts and
places whatsoever, in like manner and as fully as natural
persons; may make and use a common seal, and alter or
renew the same at pleasure; and by their said corporate
name and style shall be capable in law of contracting and
being contracted with; shall be and are hereby invested
with all the powers, privileges, immunities and franchises
of conveying real and personal estate which maybe need-
ful to carry into effect fully the purposes and objects of
this act.
Survey, locate § 2. The Said Corporation is hereby authorised and em-
r»uroBd.°™'' ^ ^ powercd to survey, locate, construct, complete, alter, main-
tain and operate a railroad, with one or more tracks or lines
of rails, from the Hannibal and Naples railroad to tlie town
!i»ute. of Pittsfield, thence the most practicable route to Win-

chester, thence to Waverly, thence to Auburn, thence to
Taylorville, and thence to Shelbyville : Provided, said

331 1855.

company shall commence the construction of said road
within four years and complete the same within ten years
from the passage of this act.

§ 3. Tlie capital stock of s^aid company shall consist of cnpitai siook. ,
three millions of dollars, and may be increased to four mil-
lions of dollars, to be divided into shares of one hundred
dollars each. The immediate government and direction Government ves-
of said company shall be vested in thirteen directors, who dJreciOTs^'*^'* °^
shall be chosen by the stockholderiJ of said company, in the
manner hereinafter provided, who shall hold their office one
year after their election and until others shall be duly elect-
ed and qualified to take their places as directors; and the
said directors, a majority of whom shall form a quorum for
the transaction of business, shall elect one of their number President. Jl
to be the president of the company. The said board of P

directors shall have power to appoint all necessary clerks
of business of said company.

§ 4. The said company is hereby authorised, by their survey*.
agents, surveyors or engineers, to cause such examinations
and surveys to be made of the ground and country between ^

the tap])ing of said Hannibal and Naples railroad, thence
to Pittsfield, thence to Shelbyville and all points mention-
ed in section 2 ot this act as shall be necessa'-y to deter-
mine the most advantageous route for the proper line or
course whereon to construct their said railroad; and it shall
be lawful for said company to enter upon and take posses- lakelands.
sion of and use all such lands and real estate as may be
necessary to the construction and maintenance of the said
railroad, its depots, side tracks, water stations, engine ^

houses, machine shops and other buildings and appenda-
ges necessary to the construction and working of said road:
Provided, that all land5 or real estate entered upon and Proviso.
taken possession of and used by said corporation for the
purposes and accommodation of said railroad, or up-
on which the said railroad shall have been located or de-
termined by the said corporation, shall be paid for by said Pay damage*.
company in damages, if any be sustained by the owner or
owners thereof by the use of the same for the purposes of
said railroad, and all lands entered upon and taken for the
use of said corporation, which are not donated to said cor-
poration, at such price as may be mutually agreed upon by
the said corporation and the owner or owners of such lands;
and in case of disagreement the price shall be estimated
and fixed and recovered in the manner provided for taking
lands for the construction of public roads, canals or other Right of way.
public works, as prescribed in the act concerning the right
of way, approved March 3d, 1845; and the final award shall
vest in the corporation hereby created all the rights, fran-
chises and immunities in the said act contemplated and
provided.

1856. 332

Penalty for ob- § 5. If any peFSon shall willfully, maliciously or wan-
9 racing. tonly and contrary to law obstruct the passage of any car
on said railroad or any part thereof or anything belonging
thereto, or shall damage, break or destroy any part of the
said railroad or implements or buildings, he, she or they or
any person assisting shall forfeit and pay to said company
for every such offence treble the amount of damages that
shall be proved before any competent court and shall have
been sustained, and be sued for in the name and behalf
of said company, and such offender or offenders shall be
deemed guilty of a misdemeanor, and shall be liable to an
indictment in the same manner as other indictments are
found in any county or counties where such offence shall
have been committed, and upon conviction every such of-
fender shall be liable to a fine not exceeding five thousand
dollars for the use of the county where such indictment may
May ^e iinpris- bc fouud, and may be imprisoned at the discretion of the

fined. ,

court.
Time of howinc § 6. The time of holding the annual meeting of said
annrmi meeting, company for the electiou of directors shall be fixed and de-
termined by the by-laws of said company, and at all meet-
ings each stockholder shall be entitled to a vote in person,
or lawful proxy, one vote for each share of stock he, she or
they may hold, bona fide^ in said company upon which all
installments called have been paid.
rommissioneis. § 7. The persous named in the first section of this act
are hereby appointed commissioners, who, or a majority of
whom, after a meeting duly called by thirty days' notice in
newspapers published in Pittsfield or Springfield, are here-
open books. by authorised to open subscription books for said stock at
such places as they may deem proper, and shall keep said
books open until five hundred thousand dollars of said cap-
ital stock shall be taken. Said commissioners shall require
each subscriber to pay five dollars on each share subscri-
Meeting Of stock- bed at the time of subscribing. The said commissioners
holders. shall immediately thereafter call a meeting of the stock-

holders by giying thirty days' notice in some newspaper
printed in Springfield or Jacksonville, and at such meet-
Kiect directors, iug it shall be lawful to elect the directors of said compa-
ny, and when the directors of said company are chosen the
said commissioners shall deliver said subscription book,
with all sums of money received by them as commission-
ers, to said directors. No person shall be a director in
said company unless he shall own at least one share of the
capital stock.
Hightofway. § 8. That the right of way and the real estate pur-

chased for the right of way by said company, whether by
mutual agreement or otherwise, or which shall become the
property of the company by operation of law, as in this act
provided, shall, upon tiie payment of the amount of money

333 1865.

belonging to the owner or owners of said land as a com-
pensation for the same, become tiie property of said com-
pany in fee simple.'

§ 9. The said corporation may take and transport on Trausportatio; ,
said railroad any person or persons or merchandise or oth-
er property, by the force and power of steam or animals or
any combination of them, and may fix, establish, take and re-
ceive such rates of toll for all passengers and property trans-
ported upon the same as the said directors shall from time
to time establish; and the directors are hereby authorised Director...
and empowered to make all necessary rules, by-laws, reg-
ulations'and ordinances that they may deera necessary and
expedient to accomplish the design and purposes and to
carry into effect the provisions of this act, and for the
transfer, assignment of the stock, which is hereby declared
personal property, and transferrable in such manner as
shall be provided by the by-laws and ordinances of said
company.

§ 10. ^ The directors of said companyj after the same i>ireutoi»4<.i,v**»
is organised, shall havo power to open books in the *'°*"'*"
manner prescribed in the sixth section of this act to fill up
the additional capital stock, or any part thereof, at such
time as they may deem it for the interest of said company.
And all the installments required to be paid on the stock
originally to be taken and what may be taken to increase
said capital shall be paid at such times and in such sums
as said directors may prescribe.

§ 11. In case of death, resignation or removal of tiie vacancies fiii«i.
president, vice president or any directors, at any time
between the annual election, such vacancy may be filled
for the remainder of the year, whenever they may happen,
by the board of directors ; and in case of the absence
of the president and vice president, the board of di-
rectors shall have the power to appoint a president, pro
tempore^ who shall have and exercise such power and
function as the by-laws of the said corporation may pro-
vide. In case it should at any time happen that an elec- Not aeen>e<3 an-
tion shall not be made on any day on which, in pursuance ^"'^^*
of this act it ought to be made, the corporation shall not
for that cause be deemed dissolved, but such election
shall be held at any other time directed by the by-laws of
said corporation.

§12. That when the lands of any /ewiwe co^^e?'/, person J'e7r.w»# covert^
under age, non compos mentis^ or out of this state, shall "^*'^''*'^°
be taken in the construction of said railroad, as is provi-
ded by this act, the said corporation shall pay the amount
that shall be awarded as due to the last mentioned owner
or owners respectively, whenever the same shall be law-
fully demanded, together with six per cent, per annumj
that to ascertain the amount to be paid to persons named

1856.

334

CiavornoT *o ap-
point commis-
sioners.

Written
ment.

To be recwded.

I ntersection.

UnUe with other
TO ads.

Borrow money.

Mortgafre proper-
ty.

in this section, the lands taken for the use of the railroad
corporation, it shall be the duty of the governor of this
state, upon notice given to him by the said corporation, to
appoint tlie commissioners, to be persons not interested
in the matter to be determined by them, to determine the
damages which the owner or owners of the land or real
estate so entered up(,'n by the said corporation, has or
have sustained by the occupation of the same; and it shall
be the duty of said commissioners, or a majority of them,
to deliver to said corporation a written statement of the
award or awards they shall make, with a description of
the land or real estate appraised, to be recorded by the
said corporation in the clerk's office in the county in which
the land or real estate so appraised shall be, and then the
said corporation shall be deemed to be seized and posses-
sed of the fee simple of all such lands or real estate as shall
have been appraised b> the said commissioners.

§ 13 Whenever' it shall be necessary for the construc-
tion of said railroad to intersect or cross a track of any other
railroad, or any stream, (if water, or water course, or road,
or highway on the route of said road, it shall be lawful for
the company to construct their railroad across or upon the
same : Provided, that tlie said company shall restore the
railroad, stream of water, water course, road or highway
thus intersected or crossed, to its former state, or in suffi-
cient manner not materially to impair its usefulness.

^ 14. Said company shall have the power to unite its
railroad with any other railroad now constructed or which
may hereafter be constructed within this state, upon such
terms as may be mutually agreed upon between the com-
panies so connectinjf, and for that purpose full power is
hereby given to said company to make and execute such
contracts with any other company as shall secure the ob-
jects of such connection : Provided, that no car shall run
upon the line or track of the road constructed by the
company hereby incorporated, except at points of cross-
ing or intersecting the same.

§ 15. Said company is hereby authorised, from time
to time, to borrow such sum or sums of money as may be
necessary for the completion and furnishing or operating
their railroad, and to issue and dispose of their bonds, in
denominations of not less than five hundred dollars, bear-
ing a rate of interest not exceeding seven per centum per
annum for any amount so borrowed, and to mortgage the
corporate property and franchises or convey the same by
deed ol trust to secure the payment of any debt contracted
by said company for the purposes aforesaid; and the di-
rectors of said company may confer on any bondholder
of any bond issued for money borrowed as aforesaid the
right to convert the principal due or owing thereoa into

335 1855.

stock of said coaipany, at any time not exceeding ten

years from the date of tlie bond, under such regulations as

the directors of said company may see fit to adopt, and

all sales of such bonds as may be made at less than par Less than pai

value shall be good a/id valid and binding upon said cor- ^^'"''•

poration as if such bonds had been sold for the full amount

thereof.

§ 16. Each of the counties through which the said covmties to sub-
railroad may be located or run shall have the power and *""^^ **<>'■*•
right, by the county court of each of the said counties,
respectively, to subscribe for stock and becoming stock-
holders in tlie said railroad, the said counties each being the
representation of the stock subscribed; and for this pur-
pose each of the said counties, as aforesaid, is hereby au- Bomw moner .
thorisedj from time to time, to borrow such sum or sums
of money as may be necessary for the purpose aforesaid;
to issue and in any way dispose of or hypothecate their
bonds, in denominations of not less than four hundred dol-
lars, bearing a rate of interest not exceeding seven per
cent, per annum, for any amount so borrowed, and to
mortgage the shares so taken or convey the same by deed
of trust to secure the payment of any debt contracted by
said company so subscribing for the purpose aforesaid;
and each of said counties are hereby authorised in the
premises aforesaid to act by their county court as fully as
individuals might or could do, and each of the said coun-
ties shall and it is hereby made the duty of the county
court of each of the said counties to order an election to
be held on the first Pionday in June, 1855, or at such oth- Election.
er time as tiie county court may order, from time to time,
and a vote to be taken in each of the said counties through
which the said railroad may pass for and against the coun-
ty taking stock in the said railroad. If a majority of the
votes cast are in favor of taking stock as aforesaid it shall
be the duty of the county court to subscribe for stock to conntycoun.
the amount of not less than fifteen and not more than one
hundred thousand dollars : Provided^ that the stock sub- prcv>so.
scribed shall alone be responsible for the stock taken by
any of the counties as aforesaid.

§ 17. Tfie width of said railroad shall not be more widtu.
than two hundred feet.

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

Approved Feb. 14, 1855.

iS55.

336

In force Feb. 14, AN aCT to incorporate the Champaign and VerRiilion Railroail and Coa!
'.'55. MininsjCoinpaii}'.

Section L Be it enacted by the people of the state of
Illinois^ represented in the General Jissembly^ That Ros-

::.nK)rat.>re. well B. Mason> George Barnett and Benjamin F. John-
son, their associates, heirs, successors and assigns, be
and they are hereby created a body corporate, by the

Name aad style, name and style of "The Champaign and Vermilion Rail-
road and Coal Mining Company," with power to build,
maintain and use a railroad from some point within ten miles
of Pera station, on the Chicago Branch of the Illinois Cen-
tral Railroad, to some convenient and accessible point
within the coal banks in the county of Vermilion, and with

General powers, full power to extend the same to Danville; with pc wers to

Capital sjpck. fix the amouut of capital stock; to divide, transfer and in-
crease the same at pleasure; to borrow monej^, and pledge,
or mortgage its property and franchises; to condemn, ac-
cording to law, lands necessary for the track of said road,
and for the turnouts, side tracks and sites for the depots,
engine houses, water stations and other buddings necessa-
ry for the convenience and accommodation of said rail-

ii*y consolidate road; to consoHdate their capital stock and franchises with

with any other .1 -i j 1 • • 1 ^

road. any other railroad or coal minmg company; and to con-

tract, bargain and agree with any party or railroad com-
pany for the construction, use or maintenance of the said
road; and generally to have all the powers and privileges
necessary to carry out all the intentions contained in this
act : Provided^ the said railroad shall be commenced
within three and finished within five years from the date
of the passage of this act.

§ 2- This act shall be construed as a public act, and
shall take effect and be in force from and alter its pas-
sage.

Approved Feb. 14, 1855.

frwlso.

liifjfce Feb. 14, AN ACT to amend an act entitled "An act to incorporate thd Petersburg

1855. and Spriugffield Railroad Company," approved February 8lh, 1853, and

an act entitled "An act to change itie name and amend the charter of

the Petersburg and Spring.'ield Railroad Company," approved March l»t,

1854.

Section 1. Be it enacted by the people of the state (f
Illinois^ represented in the General * Issemhly^ That the
Sangamon and Northwest Railroad Company be allowed
four years from the passage of this act for the commencer

337 1855.

raent of the construction of their said railroad, and ten Time ot compi*-

ti*n.

yeaw thereafter for the completion of the same.

§ 2. Said company may have the right and they are KeceiTe mnd m
hereby empowered to receive in subscription to their capi- eubscripMons.**
tal stock land, in lieu of money, at a valuation and on such
terms as may be agreed upon by said company ; and such
subscriptions, and all such land so received, sliall be ex-
posed to sale in good faith within ten years from the fuib-
scription thereof and conveyance of the same to said com-
pany: Provided., that nothing herein contained shall be so p^^^^-
construed as to authorise the said company to release any
cash subscription by accepting land in lieu thereof.

§ 3. That the said railroad company be and they are Kxten<t a branch.
hereby authorised and empowered to extend a branch of
their said railroad from the city of Springfield, by the most
eligible route, so as to intersect the Ohio and Mississippi
Railroad, at or near the crossing of said Ohio and Missis-
sippi Railroad and the Illinois Central Railroad, or at such
point as the said railroad corapanj may determine. And
the said company, after having located the said branch
aforesaid may commence and prosecute the construction
thereof at and from such points of the same as to said com-
pany may seem proper ; and for the purpose of the exten-
sion aforesaid, the said railroad company are hereby de-
clared to possess all the powers and to be subject to all the
restrictions contained in their original act of incorporation
or any amendment thereof.

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

Approved Feb. 14, 1855.

AN ACT to incorporate the Jo Daviess and Stephenson Central Railroad tn force fVii. 15,

Company. isse.

Section 1. Be it enacted by the people of the state of
Illinois^ represented in the General Assembly^ That James
W. White, Henry Green, Hoisted S. Townsend, John K. corporatori.
Brewster, William D. Fisher, Silas Marshall, George W.
Fuller, Benjamin Tart, William Logan, Richard Brown.
Thomas Spriggins, Samuel Nye, Wallace A. Little and
their associates, successors and assigns are hereby created
a body corporate and politic, under the name and style of
"The Jo Daviess and Stephenson Central Railroad Com- Nam* andmne,
pany," with perpetual succession; and by that name be
and they are hereby made capable in law and equity to Rpner»i powen..
sue and be sued, plead and be impleaded, defend and be
defended in any court of law and equity in this state or any
other place; to make, have and use a common seal, and the
36

1856

338

Capital stock.

Soar J Oi ■iu'sciurs

Tonn of offlo^

Majority to
q>;oruiii.

&m' 71*76.

^oviso-

same to alter or renew 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 hereinafter set forth;
and said company are hereby authorised and empowered
to locate, construct and finally complete a railroai from
Freeport, in Stephenson county, to the city of Galona, in
Jo Daviess county, via Elizabeth, in Jo Daviess county;
said railroad to be laid out and constructed by the most
direct and eligible route from said Freeport, via Elizabeth,
to said Galena; and for this purpose said company are autho-
rised to lay out their said road, not exceeding one hundred
feet in width, through the whole length of said route, and
lor the purpose of cuttings, embankments, stone and gravel
may take as much niore land as may be necessary for the
proper construction and security of said railroad.

§ 2. The capital stock of said company shall consist
of one million of dollars, find may be increased to two
millions of dollars, to be divided into shares of one hun-
dred dollars each. AH tlie corporate powers of said com-
pany shall be vested in and exercised by a board of seven
directors, who ^hail be chosen by the stockholders of stid
company, in the manner hereinafter provided, who shall
hold their offices for one year after theii election, rtjU until
oriu their successors shall be elected and qualified; and said di-
rectors, a majority of whom shall foim a quorom for the
transaction of business, shall elect one of their number to be
the president of the company; and said board of c-rectors
shall have power to appoint all necessar} clerks, a secreta-
ry, treasurer and all other officers deemed necessary in the
transaction of the business of said company.

§ 3. The said corporation is hereby authorized, '-y their
agents, surveyors and engineers, to cause such examina-
tions and surveys to be made of the ground and tie coun-
try between the said Freeport and Galena, via Eii.>:abeth,
aforesaid, as shall be necessary to determine the ru :>st ad-
vantageous route for the proper line ot course wii-reon to
construct their said railroad; and it shall be lawful lor said
company to enter upon and take possession of and use all
such lands and real estate as will or may be necestary for
the construction and maintenance of the said railroad, its
depots, side tracks, water stations, engine houses, machine
shops and other buildings and appendages necessa* y to the
construction and working of said road : Providi d, that
all lands or real estate entered upon and taken po- session
of and by said corporation for the purpose and accommo-
dation of said railroad or upon which the site for s; id rail-
road shall have been located or determined by the said cor-
poration shall be paid for by said company in dan. ages, if
any be sustained by the owner or owners thereof by the

339 5855.

ii.se of the same for the purposes of said railroad; and all
lands entered upon and taken for the use of said corjK.)ra-
tion, which are not donated to said company, shall be paid
for by said corporation, at such prices as may be mutually
agreed upon by the said corporation and the owner or own-
ers of such lands; and in case of disagreement, the price
shall be estimated, fixed, and recovered in the manner pro-
vided for taking lands for the construction of public roads,
canals, or other public works, as prescribed by the act con-
cerning the right of way, approved March 3d, 1845.

§ 4. If any person shall willfully, maliciously or wan- p<'nauy f<T a-
tonly, and contrary to law, obstruct the passage of any '*'™<="»8 '*»^-
car on said railroad, or any part thereof, or anything be-
longing thereto, or shall damage, break or destroy any
part of the said railroad, or implements or buildings, he, she
or they or any person assisting shall forfeit and pay to said
company, for every such offence, treble the amount of
damages that shall be proven before any competent court
siiali have been susUiined, and be sued for in the name and
behalf of said company; and such offender or offenders
shall be deemed guilty of a misdemeanor, and shall be lia-
ble to an indictment in the same manner as other indictments
are found in any county where such offence shall have been
committed; and upon conviction every such offender shall
be liable to a fine not exceeding five thousand dollars, for
the use of the county wiiere such indictment may be found,
and may be imprisoned in the county jail for any time, not
exceeding six months, at the discretion of the court.

§ 5. The time for holding the annual meeting of said Time ot holding
directors shall be fixed and determined by the by-laws of aomia: roeetiuyg
said company; and at all meetings each stockholder shall
be entitled to a vote, in person or lawful proxy, one vote
for each share of stock he, she or they may iiold, honafide^
in said company, upon which all installments called have
been paid.

§ 6. The persons named in the first section of this act commigsiouen!.
are hereby appointed commissioners, who, or a majority
of whom, after a meeting duly called, by twenty days' no-
tice in newspapers published ii: Stephenson and Jo Daviess
counties, are hereby authorised to open subscription books op»n omvs*.
for said stock, at such places as they may deem proper, and
shall keep said books open until fifty thousand dollars of
said capital stoak shall be taken. Said commissioners
shall require each subscriber to pay five dollars on each
share subscribed at the time of subscribing. The said com-
missioners shall immediately thereafter call a meeting of
the stockholders, by giving thirty days' notice in some
newspaper printed in the counties of Stephenson and Jo
Daviess, and at such meeting it shall be lawful to elect the
directors of said company; and when the directors of said Dire«*ow.

1S56. 340

company are chosen the said comrajssioyiers shall deliver
sai-j subscription books, v/ith all sums of money received by
thtJiQj as commissiojiers, to said directors. No p< rson shalJ
be a director in said company unless be shall own at least
four shares of the capital stock,
.Ri«sij«r fs-ir. § 7. That the light of way and the real estate purchased

for the right of way by said company, whether by mutuaJ
agreement or otherwise, or which shall become the proper-
ty of said company by operation of law, as in this act pro-
vided, shall, upon the paymesit of the amount of money be-
longing to the owner or owners of said lands, as a compen-
sation for the same, become the property of said company,
in fee simplco
finaerstj j^ii^sjs, § 8. The Said corporation may take and transport oe
said railroad any person or persons, merchandise or other
property, by the force and po\yer of steam or animals, or
any combination of them; an(i may fix, establish, take and
receive sach rates of toll for all passengers and property
transported upon the same as the said directors shall frona
time to time establish; and the directors are hereby autho-
jistd arid empowered to i^ake all necessary rules, by -laws,
legiilations ajid ordinances that they may deem necessary
and expedie?it to accomplish tlie designs and purposes and
to carry into effect the provisions of this act, and for the
transfer and assignment of its stock, which is hereby de-
clared personal property, and transferable in such manner
as shall be provided by the by-laws and ordinances of said
company.
yacaacfca so 69 § ^^ In cixs^e of death, resignation or removal of the
fltoibyboasd^f Drssident, vice president or any director at any time be-
fore the annual election swch vacancy shall be tilled for the
Temainder of the year, whenever they may happen, by the
feoard of directors; and in ease of absence of the presi-
dent and vice president, the board of directors shall have
AwoBrt apresi- poweT to appoint a president pro tempore^ who shall have
fenijaroieKj- ^^^ exejcisc such pov/ers and functions as the by-laws of
the said corporation may provide. In case it should at any
time happen that an election shall not be made on any day
©n which, in pursuance of this act, it ought to be made, the
said corporation shall not, for that cause, be deemed dis-
solved,, but soeh election shall be held at any other time-
directed by the by-laws of said corporation.
a%ia»ststo/CT»- I 10. That when the lands of &nj femme covsnl, per-
i^l^&Tf*'*"" son wndey age, non compos mentis or out of the state shall
fee taken in the construction of said railroad^ as i-s provi-
ded by this act, the said corporation shall pay the amoimt
that shall be awarded as due to the last mentioned owners,
respectively, v/henever the same shall be lawfully demand-
ed/together with six per cent, per annum; that the dama-
ges to be paid by said company for the taking of the lan«l

341 £865.

«f the persons named in this section shall be estimated and
assessed in the maimer now in such case provided by law.

§ 11. Whenever it shall be necessaiy for the construe- iBt«rfif<t5«-?.
tion of said railroad to intersect or cross a track of any
other railroad or stream of water or water course or road
or highway on the route of said road it shall be lawful for
the company to construct their railroad across or upon the
same : Provided, that the said company shsll restore the Provisc.
railroad, stream of water, water course, road or highway
thus intersected or crossed to its form?.r state, or in a suffi-
cient manner not materially to inpair its usefulness.

5 12. Said company shall have power to unite its rail- ^oww u mi*e

•',., ., *.!■> ii I'T w!tii.otlier roads

road with any other raiiroaa uovr constructed or which may
hereafter be constructed within this state on the line of said
road or at the terminus thereof, upon such terms as may
be mutually agreed upon between the companies so con-
necting, and for that purpose full power is hereby given to
to said company to make and execute such contracts with
any other company as will secure the objects of such con-
nection.

§ 13. That the said railroad company by this act in- Sorruv^ kiot-^-^.
corporated shall have power to borrow money on the credit
<9f the company, not exceeding its authorised capital stock,
at a rate of interest not exceeding ten per cent, per annum,
payable semi-annually, and may execute bonds therefor,
with interest coupons thereto annexed, and secure the pay-
ment of the game by mortgage or deed of trust on the wimie
or any part thereof of tiie said road, property and income
of the company then existing or thereafter to be acquired,
and may annex to such mortgage bonds the privilege of
converting the same into the capital stock of the company
at par, at tlie option of the holders, if such election be sig-
nified in writing to the company three years before the ma-
turity of said bonds.

§ 14. That the directors of said company be and they seiii>or„<is.
are hereby authorised to negotiate and sell the bonds of
the said company at such times and in such places, either
within or without this state, and at such rates and for such
prices as in their opinion will best advance tlie interest of
the company; and if such bonds are thus negotiated or sold
at a discount below their par value such sale and disposi-
tion thereof shall be as valid and binding on the company
in every respect as if they were sold or disposed of at tiieir
par value.

§ 15. That the said company, in securing the payment w^-^/fi-gt tosa.
of said bonds by a mortgage or deed of trust on the road,
property and income of the company, shall have pov/er to
•execute a mortgage or deed of trust aforesaid, to receive
the payment of the full amount of bonds which the compa-
aj majj at the time said deed of trust or mortgage bears

mod, 342

date or at any time thereafter, desire to sell and dispose of,

and jniay exfcute and sell, Irom time td time, such amounts
of said bonds and of sucIj dates and payable to such per-
son or persons as to the directors of said company may
seem advisablej till the whole amount of bonds mentioned
in such mortgage or deed of trust is executed and sold; and

s«t.s» raxr<j- the said rflortgage or deed of trust shall be as valid and ef-
fectija] to secure the payment of the bonds so executed
and sold and of every part thereof as if the same and eve-
ry part thereof had been executed of even date with the
said deed of trust or mortgage,

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

ri:jTWN. sage, and is hereby declared a pr.blic act : Provided^ said

road shall be commenced within two years and finished
within ten years from the passege of this act.
Approved Feb, 15. 1855.

v.ii'ijf^jritv %i, AW ACT to-incorparate!h? Bloouiinjito?), Kankakep and Indiana St«te Lsne
^"'^^ Railroad Company.

Section !„ Be it e-nacted by the people of the slate of
Illinois^ represented in the General odssevibly ^ That Wil-

cj«B6sfflfsr>. 3sam A, Chatfield, Orson Beebe, William C. Richards,
SJocum Wilbur, George W. Yankirk, Augustin Ciiestery
Noel Yessor, James M. Perry, Phihp Worcester, David
Dark, Jesge W. Fell^ Asahel Gridley, James Miller, Wil-
Jiam Dimriiitt and Johis Nieholls, William F. M. Arney
and their ass-soeiates, successors and assigns are liereby
created a body corporate and politic, under the name and

%vin--! -m/i: *?7i)e. stjl© of "^ Thp Bloomington, Kankakee and Indiana State
Line Railroad Corapany,'^' with succession for fifty years,

■atftn:*- s^wsri, an^ ^y t!iat name be and they are hereby made capable in
law and in equity to sue and be sued, plead and be im-
pleaded, defend and be defended in any court ot law and
eqnity in this state or any other place; to take, purchase,.
hold, lease, sell and convey estat® and property, whether
real, persona] or mixed, so far as the same may be neces-
sary foj the purposes hereinafter mentioned; to make, have
SKti sse a eomraon seal, and the same to renew and alter
at pieasiire; and shall be and are hereby vested with all
/ the fo-w%rs^ privileges, immunities which are or may be

Becessarj to carry into effect the purposes and objects oi
this act, as hereinafter set forthj and the said company-
are bereby authorised and empowered to locate, construct
and finally complete a railroad, with one or more tracksj,

iwr-; . C'OjsimeBcing at the city of Bloomingtowj in McLean couia.-

343 1856.

ty, and state of Illinois, and running thence, on the most
eligib .; route, eastwardly, by the way of tlie Kankakee
depot, 10 the village of Momence, in Kankakee county, in
the state of Illinois, and thence to the east line of t'le state
of Illinois; and for this purpose said company are author-
ised, upon the most eligible and diiect route, to lay out
their said railroad, not exceeding one hundred and fifty
feet ih. width, through the whole length, and for the pur-
pose of cuttings, embankments, stone and gravel may take
as much moie land as may be necessary for the prop»>r con-
struction and security of said railroad : PiovidedfUotlnng proviso.
herein contained shall prevent said company from com-
mencing operations upon said road at either end of said
line as in the opinion of said company may seem most ex-
pedient.

§ 2. The capital stock of said company shall be one capitfti stock.
million of dollars, which may be increased from time to
time by a vote of a majoiity in interest of stockholders at
their annual meeting, or at any special meeting that may
be called for that purp;.>se by the directors of said compa-
ny, to any sum not exceeding the entire amount expende«i
on account of said road. The immediate government and Goveinm'nttoi.o
direction of said company shall be vested in seven direc- tors."
tors, who shall be chosen by the stockholders of said
company in the manner hereinafter provided, and shall
hold their offices for one year after their election and un-
til others shall be duly elected and qualified to take their
places as directors; and the said directors, a majority of
whom shall form a quorum for the transaction of business,
shall elect one of their number to be the president of the Elect prosiueni.
company. The said board of directors shall have power
to appoint all necessary clerks, secretaries and other offi-
cers necessary in the transaction of the business of the
said company-

§ 3. The said corporation is hereby authorised, by its surveys.
agents, surveyors and engineers, to cause such examina-
tions and surveys to be made of the ground and country
between the said city of Bloomington and the said east
line of the state of Illinois as may be necessary to deter-
mine the most advantageous route for the proper line and
course whereon to construct their said railrod; and it
shall be lawful for said company to enter upon and take Tatciwids.
possession of and use all such lands and real estati- as may
be necessary for the constriTction and mainten,' ce of their
said riilroad, its dep.'ts, side tracks, water stations, en-
gine houses, machine shops and other l-uildings and ap-
pendiiges necessary to the construction and working of the
said road : Provided, that all land or real estate entered
upon iud taken possession of and used by said corpora-
tion iVu' the purposes and accommodation of said route or

1866. 344

upon which the site of said road shall have been located
or determined by the said corporation shall be paid for by
said company in damages, if any be sustained by the own-
er or owners thereof by the use of the same for the pur-
pose of said railroad; and all lands entered upon and taken
for the use of said corporation, which are not donated to

DamageK. said Company, shall be paid for by said corporation at such

price as may mutually be agreed upon by the said corpo-
ration and the owner or owners of such land, and in case of
'' disagree.nent the price shall be estimated, fixed and re-
covered in the manner provided in the act to amend the

iiiKht of way. law condemning right of way for purposes of internal
improvement, approved June 22, 1852, and in the act
amendatory to the last mentioned act, approved February
12, 1853.

j'ejiaity for ob- § 4. If any person shall willfully, maliciously or wan-

'ro^^'"'^ *^^ tonly and contrary to law obstruct the passage of any car
on said railroad or any part thereof or anything belonging
thereto, or shall damage, break or destroy any part of the
said railroad or implements or buildings, he, she or they
or any person assisting shall forfeit and pay to the said
company for every suuh offense treble the amount of dam-
ages that shall be proved before any competent court to
have been sustained, and be sued for in the name and be-
half of said company, and such. ofFendtr or offenders shall
be deemed guilty of a misdemeanor, and shall be liable
to an indictment in the same manner as other indictments
are found in any county or counties where such offenses
shall have been committed, and upon conviction every
such offender shall be liable to the pains and penalties in
such case by law prescribed.

Time Of hoMing § 5. Tlic time of holding the annual meetings of said
company tor the election oi directors shall be fixed and
determined by the by-laws of said company; and at all
meetings each share of stock shall confer a title to one
vote, to be given by its holder either in person or by
proxy: Provided^ tliat all installments upon such share
which have been properly called for shall have been paid.

owuniisaioners. § 6. The persous named in the first section of this act
are hereby a'ppointed commissioners, who, or a majority of
whom, after a meeting duly called by thirty days' notice
in newspapers published in Bloomington and Kankakee

openbooks. Cit)', are hereby au'horised to open subscription books
for said stock at such places as they may deem proper,
and shall keep said books open until one liundred thou-
sand dollars of said capital stock shall be taken. Said
commissioners shall require each subscriber to pay five
per cent, on the amount of his subscription at the time of

cnii a meeting. Subscribing. The said commissioners shall immediately
thereafter call a meeting of the stockholders by giving thirty

345 1856.

days' notice in some newspaper printed in the city of
Biootnington, and at such meeting it shall be lawful to
elect the directors of said company; and when tiie direc- cirectore to t*
tors of said company are chosen the said commissioners ®'''^'^-
shall deliver said subscription books, with all sums of
money received by them as commissioners, to said direc-
tors.

§ 7. The right of way and the real estate purchased Eight of w»y.
for the right of way by said company, whether by mutual
agreement or otherwise, or which shall become the pro-
perty of the company by ©{deration of law, as in this act
provided, shall, upon the payment of the amount of mo-
ney belonging to the owner or owners of said land as a
compensation for the same, become the property of said Property.
company in fee simple.

§ 8. The said corporation may take and transport up- TransDortanon.
on said railroad any person or persons, merchandise or
property of any kind by the force and power of steam or
animals or by any combination of mechanical force, and
may fix, establish, take and receive such rates of toll for
all passengers and property transported upon the same as
the said directors shall from time to time establish. And
tiie directors are hereby authorised and empowered to Make neoeBB»»r
make all necessary rules, by-laws, regulations and ordi-
nances that they may deem necessary and expedient to
accomplish the designs and purposes and to carry into ef-
fect the provisions of this act and for the transfer and as-
signment of its stock, which is hereby declared personal
property, transferable in such manner as shall be provided
by the by-laws and ordinances of said company.

§ 9. The directors of said company, after the organi- opentoom.
zation of the same, shall have power to open books in the
manner prescribed in the sixth section of the act to fill
up the additional capital stock or any part thereof at such
times as they may deem it for the interest of said compa-
ny, and all the installments required to be paid on the
stock originally to be taken and on that which by the pro-
visions of this act may be taken to increase said capital
shall be paid at such times and in such sums as said direc-
tors may prescribe.

§ 10. In case of the death, resignation or removal of vacancies, how
the presidents-vice president or any director at any time be-
tween the annual elections, such vacancy may be filled for
the remainder of the year in which it may occur by the
board of directors ; and in case of the absence of the presi-
dent and vice president the board of directors shall have
power to appoint a president /;/'o tempore, who shall have
and exercise such powers and functions as the by-laws of
the said corporation may provide. In case it should at any Election,
happen that an election shall not be made on any day on

1865.

346

Daloa wttb other

Borrow money.

which in pursuance of this act it ought to be made, the said
corporation sliall not for that cause be deemed dissolved,
but such election shall be hel I at any other time directed
by the by-laws of said corporation.

§ 11. Whenever it shall he necessary for the construc-
tion of said railroad to intersect or cross a track of any
other railroad, or any stream of water or water course, or
road or highway on the route of said road, it shall be law-
ful for the company to construct their railroad across or
upon the same : Provided, that the said company shall re-
store the railroad, stream of water, water course, road or
highway thus intersected or crossed to its former state, or
in a sufficient manner not materially to impair its useful-
ness.

^ 12. Said company shall have the power to unite its
railroad with any other railroad now constructed or which
may hereafter be constructed within this state or the state of
Indiana, upon such terms as may be mutually agreed upon
between the companies so connecting, and for that purpose
full power i' hereby given to said company to make and
execute such contract with any other company as will se-
cure the objects of such connection.

§ 13. Said company is hereby authorized from time to
time to borrow such sum or sums of money as may be ne-
cessary for completing and furnisliing or operating their
said railroad, and to issue and dispose of their bonds in
denominations of not less than five hundred dollars, bear-
ing a rate of interest not exceeding seven per centum per
annum, for any amount so borrowed, and to mortgage the
corporate property and franchises, or convey the same by
deed of trust, to secure the payment of any debt contract-
ed by said company for tl e purposes aforesaid ; and the
directors of said company may confer on any bondholder
of any bond issued for money borrowed as aforesaid the
riglit to convert the principal due or owing thereon into
stock of said company, at any time not exceeding ten years
from the date of the bond, under such regulations as the
directors of said company may see fit to adopt; and all
sales of such bonds that may be made at less than their par
flood and valid, yaluc shall be good and valid and binding upon said cor-
poration as if such bonds had been sold for the full amount
thereof.

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

§ i5. The said railroad company shall commence its
construction in five years and complete the same within
ten years; otherwise to be void.

Approved Feb. 14, 18.55.

Mortgage corpo
rftt« property.

WWth of ro»<l.

Tlni« of comple
tlon.

347 1855.

AN ACT to amend further the charter of the Great Western Railroad m force Feb, l«,

Company, ^^^°

Section 1, Be it enacted hy th§ people of the state of
Illinois^ represented in the General Assembly^ That the
Great Western Railroad Company shall have power to in- ^^[^^*® ^p'*'"
crease their capital stock to any amount not exceeding
the actual estimated cost of constructing and equipping
their said road, and also to increase their directors to a Director* iu-
number not exceeding thirteen and not less than nine, as
may be determined by tie stockholders at any regular
meeting; and hereafter, at least three of said directors
shall reside in the state of Illinois.

S 2. The said " Great Western Railroad Company" Discharged from

1 J J J- I 1 r J Ul- „ »°y obligation

are released and discharged irom any and every obliga- to construct »
tion to construct or operate a branch of their said road to ''ranch,&o.
Meredosia, or "so much of the Northern Cross Railroad
leading to the town of Meredosia from the point where
said road is intersected by a lateral road to the town of
Naples," and from all and every penalty or penalties for
not having heretofore constructed or operated said branch
or said part of said Northern Cross Railroad : Provided.
said company will construct or operate said branch or
said part of said Northern Cross Railroad as soon as any
other company shall construct or operate a railroad on the
west side of the Illinois river, and terminating at or oppo-
site to the said town of Meredosia, so as to connect with
said branch road.

5 3. When said railroad shall intersect or cross any May constrw*

,^ ., , i 1 1 il, branch and sid*

other railroad, said company may and are hereby author- tracks.
ised to construct, maintain and operate branch or side track
or tracks, not exceeding one mile in length, for the purpose
of connecting with any such railroad so intersected or
crossed at the most convenient point; and each road may
use such branch or side tracks in the same manner as oth-
er parts of their roads; and said company may acquire th'e Eighioi w»r.
right of way for such branch or side tracks as provided
for by the act entitled '' An act to amend the law con-
demning right of way for purposes of internal improve-
ment," approved June 22, 1852.

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

Approved Feb. 13, 1855,

1856. 348

jn force Feb. 16, AN ACT to Jucorporale the Joliet and Elg n Railroad Company.

Section 1. Be it enacted hy the people of the state of
Illinois, represented in the General Assembly ^ That Ed-

<5»rpofator». mund Wilcox, Firman Mack anri G. Everitt Streeter, of
Will county, Henry F. Vallett and Lewis Ellsworth, of
Du Page county, and M. C. Town and A J. Waldren, of
Kane county, in this State, and their associates and suc-
cessors and assigns are hereby created a body corporate
and politic, under and by the name and style of the "Jo-

wameiina style, liet and Elgin Railroad Company," with perpetual suc-
cession; and by that name shall be, and are hereby made

oenerai powers. Capable iu law aiid equity to sue and be sued, plead and
be iinpleaded, defend and be defended in all courts of law
and equity in this state or elsewhere; to make, have and
use a common seal, and the same to renew and alter at
pleasure; and shall be, and are hereby vested with all the
powers, privileges and immunities which are, or may be
necessary to carry into effect the purposes and objects of
this act; and the said company are hereby authorised and
empowered to locate, construct, and finally complete and
put in operation a railroad from the city of Joliet, in Will
county, northwardly by way of the village of Naperville,
in Du Puage county, to Elgin, in Kane county, in this
state; and for that purpose said company are authorised
and empowered, upon the most eligible route, to lay out
their siid railroad for a single or double track, to any
width not exceeding one hundred feet through the whole
length, and for the purpose of constructing embankments,
may take as much land as may be necessary for the proper
construction and security of said railroad.

f"M>it*» stock. § 2. The capital :^tock of said company shall be one

million of dollars, and may be increased to two millions of
dollars, to be divided into shares of one hundred each, which
shall be deemed personal property, and ma} be issued, cer-
tified, transferred and registered in such manner and at
such places as may be ordered and provided by the board

GoTemmeut to of directors. The immediate government and direction of

^e jested 'n di- Said Company shall be vested in five directors, who sluH be
chosen by the stockholders of said company in the manner
herein provided, who shall hold tlieir office for one year af-

7erm of office. *®^ their clection and until others shall be duly elected and
qualified, a majority of whom shall form a quorum to dp
business; they shall elect one of iLeir number to be the

preeidont. president of the company, and sain ' ,jard of directors shall

have power to appoint all necessary clerks, secretaries and
other officers necessary for the transaction of the business
of said corporation, and to require any apjiointee to give
bond and security.

349 1855.

§ 3. The said company are hereby authorised, by their survey*,
agents, surveyors and engineers, to cause such examina-
tions and surveys to be t-iade of the ground and country
between the said city of Joliet and Elgin aforesaid, as
shall be necessary to determine the best route for the prop-
er line or course whereon to construct their said railroad;
and it shall be lawful for said company to enter upon and
lake possession of and use any and all such lands and Take possentiu-.)
real estate as may be necessary for the construction and '"^^=*'*''«-
maintenance of llieir said road, its depots, side tracks,
water stations, engine houses, machine shops and other
buildings and appendages necessary to the construction
and working of said road : Provided, that all lands and proxies..
real estate entered upon and taken possession of and used
by said corporation for the purpose and accommodation of
said railroad, or upon which the site for said railroad shall
have been located or determined by the said corporation,
shall be paid for by said company in damages, if any be
sustained by the owner or owners thereof by the use of
the same for tiie purposes of said railroad; and all lands
entered upon and taken for the use of said corporation,
which are not donated to said company, shall be paid for
by said corporation at such price as may be mutually pay najnag©*.
agreed upon by said corporation and the owner or own-
ers of said lands; and in ease of no agreement therefor,
the price shall be estimated, fixed and recovered in the ,

manner provided by an act entitled "An act to amend
the law condemning the right of way for purposes of in-
ternal improvement," *ipproved and in force June 22d,
1852, or in accordance with any other law in force in this
state providing for obtaining the right of way,

§ 4. That if any person shall willfully maliciously or Penalty for oa-
wantonly and contrary to law obstruct the passage of any *"" °'^'
car on said railroad or any part thereof or anything be-
longing thereto, or shall damage, break or destroy any
part ot the said road or implements or buildings, he, she
or they or any person assisting shall forfeit and pay to
said company for each and every such offence treble the
amount of damages that shall be proved before any com-
petent court that shall have been sustained, to be sued for
in the name of said company, and such offender or offend-
ers shall be deemed guilty of a misdemeanor and shall be
liable to indictment in the same manner as other indict-
ments are found in any county or counties where such of-
fence shall have been committed, and upon conviction ev-
ery such offender shall be liable to a fine not exceeding
five thousand dollars, for the use of the county where such
indictment may be found, and may be imprisoned in the
county jail for any time not exceeding nine months, in the
discretion of the court.

1855. 350

Time ot holding ^ 5. The time of holding the annual meetings of said
Jags. ' company for the election of directors and for the transac-

tion of any other business by the stock'^.olders shall be
fixed and determined by the by- laws of said company; and
at all meetings such stockholders shall- be entitled to one
vote for each share or' sfock he, she or they may own and
hold bona fide in said company, and such vote may be
given in person or by lawful prox5^
oommisBionera K 6. The persous named in the first section of this act

appointed. •^ , , • i i • • i • •,

are nereoy appointed commissioners, who, or a majority
of them, are hereby authorised to open or cause to be open-
ed subscription books for the stock of said company, at
such time and places as they may think proper, and also
to appoint one or more agents to open such books and re-
ceive such subscriptions. The said commissioners or
their agents shall require each subscriber to pay five dol-
lars, or execute a note therefor (as they shall determine,)
on each share subscribed, at the time of subscribing; and
whenever fifty thousand dollars shall be subscribed, thr
said commissioners shall call a meeting (or a majority of
them shall) of the stockholders, by giving twenty days'
notice in some newspaper printed in the counties of Will,
Du Page and Kane, or by personal notice served on each
of the stockholders, of the time and place of such meet-
ing, at least ten days previous to the time of such meet-
ing; and at such meeting it shall be lawful for the stock-

"JiM^^" *** *"* holders to elect' the directors of said company and trans-
act any other necessary business; and when the directors
are chosen the said commissioners shall deliver said sub-
scription books, with all sums of money and notes re reived
by them, (or by any agent appointed by them,) as com-
missioners, to said directors. No person shall be a direct-
or unless he shall be a bona fide stockholder in said com-
pany.

Ri«i»taf way. § 7. That the right of way and the real estate pur-

chased for the right of way and for other purposes by said
company, whether by mutual agreement or otherwise, or
which ^hall become the property of the company by ope-
ration of law, as in this act provided, shall, upon the pay-
ment of the amount of money belonging to the owner or
owners of said lands as a compensation for the same or
upon tendering the amount of money therefor, become the
property of the said company in fee simple, unless other-
wise agreed between said company and the seller there-
of.

Trwwport persons § 8. That Said companv may take and transport upon

and property. 'i*ii ' ii* ji

said railroad any person or persons, merchandise or other

property by the force and power of steam or animals or

other proper and competent force or power; and may fix,

»ftt««(rf«ou. establish, take and receive such rates of toll for all pas-

361 1855.

sengers and properly transported upon the same as the
directors shall from tine to tiiiie establish; end the direct-
ors are hereby authori'5ed and empowered to make all ne-
cessary rules, by-laws, regulations and ordinances that
they may deem necessary and expedient to accomplish
the designs and purposes, and to carry into effect ail the
provisions of this act, and for the transfer and assignment
of its stock. '

§ 9. The directors of said company, after the same is open books,
organised, shall have power to open books at such times
and places as they may deem proper for the subscription
of stock until the whole amount of the capital stock shall
be subscribed, or such parts and amount thereof as they
shall desire to have subscribed; and said directors are here-
by authorised and empowered to take and receive sub-
scriptions to their said capital stock, on such terms and in
such amount* as they may deem for the interest of said
company, and as they may prescribe by their by-laws or
regulations, from any other railroad company or corpora-
tion, and from any county, city, town or village; and any
such subscription shall be valid and binding upon any
railroad company or corporation, county, city, town or
village makiijg the same : Provided^ said company shall proviso.
not be authorised to take or receive subscriptions to their
capital stock payable in real estate.

§ 10. In case it sliouid at any time happen that an elec- Failure to ei«c.-i
tion of directors should not be made on the day which, in ^"'ectors.
pursuance of this act or the by-laws of said company, it
ouglit to be made, sucli failure to elect shall in no wise af-
fect the rights of said company, but such election shall be
held at any other time which may be directed by the di-
rectors.

§ 11. In case of the death, resignation or removal of vaownotM.
the president, vice-president or any director at any time
between the annual elections, such vacancy may be filled
for the remainJer of the year, whenever the same may
happen, by the remaining directors or a majority of them;
and in case of the absence of the president or vice-pres-
ident the board of directors shall have power to appoint
a president pro tempore.^ who shall have and exercise president pro
such powers and functions as the by-laws of the said cor- '«"*?<""«%
poration may prescribe.

§ 12. That whenever it shall be necessary for the
construction of said railroad to intersect or cross a track
of any other railroad, or any stream of water, or water
course, or road, or highway on the route of said road,
it shall be lawful for the company to construct their rail-
road across or upon the same : Provided^ that the said
company shall restore the railroad, stream of water, wa-
ter course, road or highway thus intersected or crossed to

1865. 352

it«! former state, or in a suihcient manner not noaterially
to iiupair its usefulness.

ijmon with other ^ 13. That Said company sliall have power, and it is
roads. hereby made lawful for said company to unite its railroad

with any other railroad or railroads now constructed or
being constructed, or which may hereafter be construct-
ed within this state, which may cross or intersect the
same or be built at either end thereof, upon such terms as
may be mutually agreed upon between the said company
and any other company so connecting; and for that pur-
pose full power is hereby given to said company to make
and execute such contracts with any other company or
companies as will secure the objects of such connec-
tions.

acquire payment § 14, That it shall be lawful for the directors to re-
*^*"* quire payment of the sum subscribed to the capital stock

at such times, and in such proportions, and on such con-
ditions as they shall deem proper, mder a penalty of the
forfeiture of all previous payments thereon; and shall give
notice of the payments thus required and of the time when
and the place or places where the same are to be made,
at least thirty days previous to the time of the payment
of the same, in some public newspaper at Joliet, in this
state, or on the line of said railroad, or in some newspaper
printed in the citj; of New York.

B.rtTowmoney, § 15. That Said company is hereby authorised from
time to time to borrow such sum or sums of money as may
be necessary for completing and furnishing or operating

( their said railroad, and to issue and dispose of their bonds

in denominations of not less than five hundred dollars,
bearing a rate of interest not exceeding ten per cent, per

Secure payment annum for any amount so borrowed, and to mortgage their
aeed"(rf*tro^Bt,°'^ Corporate property and franchises, or convey the same by
deed of trust to secure the payment of any debt contract-
ed by said company for the purposes aforesaid; and the
directors of said company may confer on any bondholder
of any bond issued, for money borrowed as aforesaid, the
right to convert the principal due or owing thereon into
stock of said company, at any time not exceeding ten
years from the date of the bond, under such regulations
0 as the directors of said company may see fit to adopt; and

all sales of such bonds that may be made at less than their
par value shall be good and valid, and binding upon said
corporation, as if such bonds had been sold for the full
amount thereof.

B«dgM oj officers § 16. Every conductor, baggage master, engineer,
breakman or other servant of said corporation, employed
in a passenger train or at stations for passengers, shall
wear upon his hat or cap a badge which shall indicate his
office, the initial or style of the corporation. No conduct-

353 1855.

or or collector without such badge shall demand or be en- officers not te
titled to receive from any passenger any fare, toll or tick- exercise power

•' r C5 c \ • n> 1 without badges,

et, or exercise any oi the powers oi his omce; and no
other of said officers or servants without such badge shall
have any authority to meddle or interfere with any pas-
senger, his baggage or property in forming passenger trains.
Baggage, or freight, or merchandise or lumber cars shall
not be placed in rear of passenger cars, and if they or any of
them shall be so placed, and any accident shall happen to
life or limb, the officer or agent who so directed or know-
ingly suffered such arrangement and the conductor or
engineer of the train shall each and all be held guilty of a
misdemeanor, and shall be punished accordingly.'

§ 17. That the width of said road shall be determined wimb of r.ad.
by the directors of said company within the limits pre-
scribed by the first section hereof.

§ 18 This act shall be deemed a public act, and is
hereby so declared, and shall be favorably construed for
all purposes herein expressed and declared, in all courts
and places whatsoever, and shall be in force from and af-
ter its passage.

Approved Feb. 15, 1856.

AN ACT to incorporate the Atlanta Seoiinary. in force Feb. u,

1856.

Section 1. Be it enacted by the people of the State oj
Illinois, represented in the General Assembly, That Sam-
uel Bevan, Lemuel Foster, James Tuttle, A. C. Rankin oorpora»o»s.
and R. T. Gill; and their successors in office be and they
are hereby created a body politic and corporate, under
the name and style of "The President and Trustees of the styi«.
Atlanta Seminary," and by that name and style to remain
and have perpetual succession. The said seminary shall i^atfon.
be and remain in or within one mile of the town of At-
lanta, in Logan county, and state of Illinois. The num- Numbei of trn»-
ber of trustees shall not exceed seven, and one of whom
shall be president of the board, to be chosen by the trus-
tees; and under the above name and style shall have pow- oenerai »ower».
er to make contracts, 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, man-
age and dispose of all such property and all moneys belong-
ing to such corporation in such manner as shall seem to
the trustees best adapted to promote the objects before
37

1855.

354

Sfgulate conrse
(K studies.

AppolQt offlcerg
Mid fix compen-
■ation.

Hrcct botWlDigs.

Dijtyof trosteos.

Opeu to all <!»■
Etuminatlonfls

Uif exp«l Ftn

d«Btt.

mentioned; to have a common seal, and to change and al-
ter the same at pleasure; to make such by-laws for Its reg-
ulation as are not inconsistent with the constitution of the
United States and of this state; to confer on such persons
as may considered worthy such academical or honorary
degrees as are usually conferred by similar institutions.

§ 2. The trustees of said corporation shall have authori-
ty from time to time to prescribe and regulate the course of
studies to be pursued in said seminary; to fix the rate of tu-
ition and other seminary 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, to displace and remove
them; to purchase books, chemical and philosophical ap-
paratus and other necessary means of instruction; to make
rules for the general regulation of the conduct of the stu-
dents, or to empower the instructors so to do; and to make
and pass such ordinances, rules and by laws as they may
deem necessary and expedient; to erect such buildings
and boarding houses as may be necessary and to purchase
grounds for same, which shall be exempt from taxation of
every kind whatever : Provided, that said grounds shall not
exceed in all ten acres.

§ 3. The trustees of said corporation for the time be-
ing, in order to have perpetual succession, shall have pow-
er to fill all vacancies that may occur in said board from
death, resignation or any other cause. A majority of the
trustees shall constltue a quorum to do business.

§ 4. It shall be the duty of the board of trustees to
appoint a treasurer to the board from the stockholders,
who shall be required to give a bond with sufficient secu-
rity, as the board may prescribe, conditioned to the per-
formance of such duties as the by-laws may require of
him, and to hold his office for such a term as the by-laws
may prescribe.

§ 5. The said institution shall be open to all denomi-
nations of christians alike, and the profession of any par-
ticular religious faith shall not be required of those who
may become teachers or students of said seminary. All
persons, teachers or students, whose habits are idle or vi-
cious or whose moral character is bad, may however be
suspended or expelled from said seminary by the trustees
thereof.

§ 6. The stock of said company shall consist of shares
of twenty dollars each, and shall be transferable by as-
signment of certificate on the books of said corporation
in such manner as the board of trustees shall prescribe.
Each share in the said stock shall entitle the holder there-
of to one vote in the election of trustees or in otherwise
controlling the affairs of the institution. No person shall

365 1855.

be entitled to a vote in any of the affairs of the institution
unless he be a bona fide holder of one share in the stock
as above. No person shall be considered a stockholder
till twenty dollars shall have been subscribed and paid in,
either by himself or for Ids benefit. No funds, rents, sub- Funds not to bs
scription, assessments, interests or privileges of this com- ^ucatSn?* '" '
pany shall be used for any other purpose than that of ed-
ucation or the payment of deb's wiiich have necessarily
been incurred for the said purposes as herein declared.

§ 7. The persons before mentioned shall be deemed Deemed trustor..
trustees of this incorporation until their sucessors are
elected and qualified, and they are authorise.l to appoint
all necessary agents and officers, which said offices shall
expire with their own or as soon thereafter as their suc-
cessors shall be appointed and qualified.

§ 8. AH deeds or instruments of writing for the con- oeed*, &c., for
veyance of real estate to said corporation shall be made r^i'ea^t^
to the president and trustees of the Atlanta Seminary and
tlieir successors in office, for the use of s6id seminary ;
and all d'eeds and conveyances of land from said cor-
poration shall be made by the president, sealed with the
seal of said corporation, if they have a public seal, and at-
tested by the clerk of the board of trustees. If no public
seal is provided, then to be attested as above, signed by
the president and his private seal and by him acknowledg-
ed in his official capacity.

§ 9. The time for election of trustees shall be on the Hiacion-
first Monday in April, 1855, ana on the first Monday in
September of each year thereafter; and the trustees elected
at such times shall hold their offices until their successors
are elected and qualified. It shall be the duty of the
trustees at the first meeting after they are elected and
qualified to choose a clerk of the board, who shall be a
stockholder and whose duty it shall be to give ten days' Manner of con-
notice of each election of trustees or other officers, by '^^*^'^«'- '
posting up notices in at least three of the most public
places in the town of Atlanta, of the time and place of
holding the same; and to perform such other duties as the
board of trustees shall from time to time require of
him; each stockholder shall be entitled to one vote in such
elections for each share of stock that he or she may own;
and if the election of trustees should happen not to be in case the eiec-
made as herein provided it shall be lawful to hold said *^'^° '' ""' ^<'''^
election on any other subsequent day that may be desig- viden.
nated by a call of at least five stockholders by notice as
before designated.

§ 10. The stock holders shall have power, if two- Levrtax
thirds are in favor thereof, to be determined as the trus-
tees shall direct, to levy a tax not to exceed one dollar on
each share, for the purpose of paying the debts of said

1855. 356

corporation, for the purchase of necessary grounds, the
erection or completion of needful buildings, the purchase
of necessary books or apparatus or for the payment of
interest upon indebtedness that may exist or for any other
purpose that may be necessary in furthering the objects

Proviso. and interests of said institution : Provided, that no in-

debtedness for more than two hundred dollars shall be
made at any one time without a majority of the stock-
holders shall be in favor thereof, to be determined as here-
in provided.

Power to rent out § H* The trustees shall liavc power, if a majority of

baikiings. ^\ j-|jg stockholders are in favor thereof, to rent out all
the buildings, grounds, apparatus &c. : Provided, that the
same shall not be rented for a longer term than one year
at one time, nor for any other purpose than that of educa-
tion ; and if the said buildings, grounds, apparatus, &c.,
should be used for any other purpose than that of educa-
tion, then the lease to become void.

Religious wor- § 12. The foregosug section shall in no case be con-
strued so as to prohibit ihe use of the buildings of said in-
stitution for religious worship or for scientific exhibitions
and lectures, if the trustees are in favor thereof.

Hiffti icbooi. § 13. If desired by a majority of all the stockholders,

the trustees shall have power to convert said institution
into a high school, and the same shall not take away any
of the privileges granted by this charter, whenever they
shall see fit to recor vert the same into a seminary.

§ 14. This act to be in effect from and after its pas-
sage.

Approved Feb. 14, 1855.

ssup.

m force Feb. 14, AN ACT to incorporate Ihe Jacksonville and Savanna Railroad Company.
1855,

Section 1. Be it enacted by the people of the state oj
Illinois, represented in the General jisseinbly, That Frank-

CorporatorB. \\n Farewell, Willard Dickerman, Thompson Maple, Joiin
W. Ingersoll and William Babcock, and their associates,
successors and assigns are hereby created a body corpo-

Kame andefyie. rate and politic, Under the name and style of "The Jack-
sonville and r>avanna Railroad Company," with perpetual

Generrt powem. succession; and by that name be and 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 any other place ; to make, have
and use a common seal, and the same to renew and alter
at pleasure; and shall be and are hereby vested with all

357 1856.

the powers, privileges and immunities which are or may
be necessary to carry into effect the purposes and objects
of this act as hereinafter set forth ; and said company are
hereby authorised and empowered to locate, construct and
finally complete a railroad from the city of Jacksonville, Ronte.
by the way of Liverpool and Canton, to the town of Sa-
vanna, on the Mississippi river; said railroad to be laid out
and constructed by the most direct and eligible route from
the said city of Jacksonville to the said city o* Savanna,
and for this purpose said company are authorised, upon
the most eligible and direct route, to lay out their said
road, not exceeding one hundred feet in width, through
the whole length, and for the purpose of cuttings, embank-
ments, stone and gravel may take as much more land as
may be necessary for tlie proper construction ci and secu-
rity of said railroad.

§ 2. The capital stock of said company shall consist capital stock.
of two millions of dollars, to be divided into shares of one
hundred dollars each. The immediate government and Government ves-
direction of said company shall be vested in seven direc- directors/
tors, who shall be chosen by the stockholders of said com-
pany in the manner hereinafter provided, who shall hold
their offices for one year after their election and until oth-
ers shall be duly elected and qualified to take their places
as directors ; and the said directors, a majority of whom
shall form a quorum for the transaction of business, shall
elect one of their number to be the president of the com- President.
pany ; that said board of directors shall have power to ap-
point all necessary clerks, secretary, treasurer and other Appoint officers.
officers necessary in the transaction of business of said
company.

§ 3. The said corporation are hereby authorized, by surveys.
their agents, surveyors and engineers, to cause such ex-
aminations and surveys to be made of the ground and
country between said city of Jacksonville and the said city
of Savanna as shall be necessary to determine the most
advantageous route for the proper line or course whereon
to construct their said railroad; and it shall be lawful for
said company to enter upon and take possession of and Poseeseton ..f
use all such lands and real estate as will or may be ne- ''°*'^'
cessary for the construction and maintenance of said rail-
road, its depots, side tracks, water stations, engine houses,
machine shops and other buildings and appendages neces-
sary to the construction and working of said road : Pro- Provieo.
vided, that all the land or real estate entered upon or ta-
ken possession of and by said corporation, for the purpose
and accommodation of said railroad, or upon which the site
of said railroad shall have been located or determined by Pay damages.
the said corporation, shall be paid for by said company, in
damages, if any be sustained by the owner or owners there-

1865. 358

of, by the use of the same for the purposes of said railroad;
and all lands entered upon and taken tor the use of said
corporation which are not donated to said company, shall
be paid for by said corpora' ion, at such price as may be
mutually agreed upon by the said corporation and the own-
er or owners of such lands, and in case of disagreement
the price shall be estimated, fixed and recovered in the
manner provided for taking lands for the construction
of public roads, canals or other public works, as prescri-

,Rigbtotway. bed by the act concerning the right of way, approved
March 3, 1845, or according to the pnovisions of an act en-
titled "An act to amend the law condemning the right of
[way] for purposes of internal improvement," approved
June 22, 1852.

penauy for pia- § 4. If any person shall wilfully, maliciously or wan-
^Va^'ck."""'"* tonly and contrary to law obstruct the passage of any car
on said railroad, or any part thereof, or anything belonging
thereto, or shall damage, break or destroy any part of the
said railroad, or imp'r ments or buildings, he, she or they,
or any person assisting, shall forfeit and pay to said com-
pany for every sucli offence treble the amount of damages
that shall be proved before any competent court shall have
been sustained, and be sued for in the name and behalf of
said company, and such offender or offenders shall be
deemed guilty of a misdemeanor, and shall be liable to an
indictment in the same manner as other indictments are
found in any county or counties where such offence shall
have been committed, and upon conviction every such of-
fender shall be liable to a fine not exceeding five thousand
dollars, for the use of the county where such indictment

itaybtimpiteon- may be found, and may be imprisoned in the county jail

^' for any time not exceeding six months, at the discretion of

the court.

Time of f.nntiii § 5. The time for holding the annual meetings of said
meetings. comp^uy for the election of directors shall be fixed and
determined by the by-laws of said company ; and at all
meetings each stockholder shall be entitled to a vote, in
person or lawful proxy, one vote for each share of stock
he, she or they may hold botin fide in said company, upon
which all installments called have been paid.

comnnssionereo § ^' Franklin Farewell, Willard Dickerman, Thomp-
son Maple, John W. IngersoU and William Babcock are
hereby appointed commissior.ers, who, or a majority of
whom, after a meeting duly called by twenty days' notice
in newspapers published in Fulton and Morgan counties,

opeoiQOkB. are hereby authorised to open subscription books for said
stock, at such places as they may deem proper, and keep
said books open until one thousand dollars of said capital
stock shall be taken. Said commissioners shall require
each subscriber to pay ten dollars on each share subscri-

359 1855.

bed at the time of subscribiiig ; the said commissioners
shall immediately thereafter call a meeting of stockhold- Meeting of stock-
ers, by giving thirty days' notice in some newspaper print- i^oid-rs.
ed in the counties of Fulton and Morgan, and at such
meeting it shall be lawful to elect the directors of said
c mpany ; and when the directors of said company are
chosen the said commissioners shall deliver said subscrip-
tion books, with all sums of money received by them as Deliver tooiw tc
commissioners to said directors. No person shall be a di- ^'^' "'
rector in said company unless he shall own at least four
shares of the capital stock.

§ 7. That the right oJ way and the real estate pur- aisMot way.
chased for the right of way by said company, whether by
mutual agreement or otherwise, or which shall become the
property of said company by operation of law as in this
act provided, shall upon the payment of tlie amount of mo-
ney belonging to the owner or owners of said land as a
compensation for the same, become the property of said
company in fee simple.

5 8. The said corporation may take and transport upon TraMportatk.u.
SfAd railroad any person or persons, merchandise or other
property, by the force and power of steam or animal or
any combination of them, and may fix, establish, take and
receive such rates of toll for all passengers and property
transported upon the same, as the said directors shall from
time to time establish; and the directors are hereby author- General puwws
ised and empowered to make all necessary rules, by-laws, °^ Ji'scturs.
regulations and ordinances that they may deem necessary
and expedient to accomplish the designs and purposes and
to carry into effect the provisions of this act, and for the
transfer and assignment of its stock, which is hereby de-
clared personal property, and transferable in such manner
as shall be provided by the by-laws and ordinances of said
company.

§ 9. In case of death or removal of the president, vice v^oanciee.
president, or any director, at any time between the annu-
al elections, such vacancy shall be filled for the remainder
of the year, whenever they may happen, by the board of
directors ; and in case of absence of the president and vice
president the board of directors shall have power to ap-
point a president pro tempore, who shall [have] and exer-
cise such powers and functions as the by-laws of said co-r-
poration may provide ; in case it should at any time hap-
pen that an election shall not be made on any day on which
in pursuance of this act it ought to have been made, the
said corporation shall not for that cause be deemed dissolv-
ed, but such election shall be held at any time directed by
the by-laws of said corporation.

§ 10. That when the lands of any fe?)ime covert, per- canapes tc in-
son under age, non compos mentis, or out of the state shall '""'*' *"^-

1856.

360

Intaraectlans.

Unlan with other
roads.

Borrow money.

Sell nond«.

vaua.

be taken in the construction of said railroad, as is provided
by this act, the said corporation shall pay the amount that
shall be awarded as due to the last mentioned owners re-
spectively, whenever the same shall be lawfully demand-
ed, together with six per cent, per annum. That the
damages to be paid by said company for the taking of the
land of the persons named in this section shall be estimated
and assessed in the manner now in such cases provided by
law.

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

§ 12. Said company shall have the power to unite its
railroad with any other railroad now constructed, or which
may hereafter be constructed within this state on the line
of said railroad, or at the terminus thereof, upon such terms
as may be mutually agreed upon between the co:npanies
so connecting, and for that purpose full power is hereby
given to said company to make and execute such contracts
with any other company as will secure the objects of such
connection.

§ 13. That the said Jacksonville and Savanna Railroad
Company shall have power to borrow money on the credit
of the company, not exceeding its authorised capital stock,
at a rate of interest not exceeding t^n per cent, per an-
num, payable semi-annually, and may execute bonds there-
for, with interest coupons thereto annexed, and secure the
payment of the same by mortgage or deed of trust on the
whole or any part thereof of the road, property and income
of the company then existing or thereafter to be acquired,
and may annex to such mortgage bonds the privilege of
converting the same into the capital stock of the company
at par, at the option of the holders, if such election be sig-
nified in writing to the company three years before the
maturity of said bonds.

§ 14. That the directors of said company be and they
are hereby authorised to negotiate and sell the bonds of the
said company at such times and in such places, either
within or without this state, and at such rates and for such
prices as in their opinions will best advance the interests
of the company; and if such bonds are thus negotiated or
sold at a discount below their par value such sale and dis-
position thereof shall be as valid and binding on the com-

361 1855.

pany in every respect as if they were sold or disposed of
at their paf value.

§ 15. That the said company in securing the payment M»y secure pay-
ofsaid bonds by a mortgage or deed of trust on the road, ^„'^g°es. ' ""**''
property and income of the company, shall have power to
execute a mortgage or deed of trust' as aforesaid, to secure
the payment of the full amount of bonds which the compa-
ny may, at time the said deed of trust or mortgage bears
date, or at any time thereafter, desire to sell and dispose
of, and may execute and sell, from time to time, such
amounts of said bonds, and of such dates, and payable to
such person or persons as to the directors of said company
may seem advisable, till the whole amount of bonds men-
tioned in such mortgage or deed of trust is executed and
sold, and the said mortgage or deed of trust shall be as
valid and eflfectuaily to secure the payment of the bonds
so exeucted and sold, and of every part thereof, as if the
same and every part thereof had been executed of even
date with said deed of trust or mortgage : Provided, said Proviso.
road shall be commenced within four years and completed
within eight years from the passage of this act.

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

Approved Feb. 14, 1855.

AN ACT to incorporate Amboy Academy.

Section 1. Be it enacted by the people of the state oj
Illinois, represented iri the General Jtssemhly, That John Corporators.
B. Wyman, Frt derick R. Dutcher, Josiah M. Davis, H.
B. Judkins, Robert Brigham, Edwin M. Blair, Kirtland
F. Booth, A. L. Shepherd and Jacob Luce and their suc-
cessors, be and they are hereby constituted and declared
a body politic and corporate, by the name and style of
" The Trustees of the Amboy Academy," and by that strie.
name have perpetual succession, with the capacity of
suing and being sued, pleading and being impleaded, of General powers.
acquiring, holding and conveying property, both real and
personal, of making contracts in execution of the powers
hereby conferred, and of having and using a common seal,
and with power to make and ordain such by-laws, rules
and regulations as shall be deemed needful and proper for
the government of said institution : Provided, the same be
not inconsistent with the constitution and laws of this
state and of the United States.

§ 2. The said academy shall be located in the town- tocaUoB,
ship of Amboy, county of Lee, on section (21) twenty-

1856.

362

Proviso.

BoArd of truBtees

Objects. one, in that town, and the powers and privileges hereby

conferred shall be exercised and employed for the sole
purpose for the establishing a seminary of learning and
promoting education. All gifts, grants and donations which
shall be made for the use of the said institution shall be
received and held by the trustees for that purpose, and
the same or the proceeds thereof shall be applied in such
manner as shall best promote the objects and advance the
prosperity of the said institution : Provided^ however, that
the lands in this state, to be held in perpetuity for the use
of the said institution, shall not exceed six hundred and
forty acres, and all donations exceeding that quantity
shall be sold within five years from the date thereof, for
the benefit of the institution, and in failure of such sale,
the land so given shall revert to the donors : t/lnd provided^
also, that all donations made for particular purposes ex-
pressed in the grant, if accordant with the proper objects
of said institution and accepted by the trustees, shall be
applied in conformity with the design of the donors.

§ 3. The board of trustees shall consist of nine mem-
bers who are inhabitants of this state, a majority of which
shall constitute a quorum for the transaction of business.
They shall elect, by ballot, all such instructors and officers
as shall be deemed necessary and convenient, and shall
have the general superintendence and management and
direction of the concerns of said academy, and when any

Vacancies fliieii. vacaucy shall occur ill the board of trustees, by death, re-
signation or otherwise, the same shall be filled by the re-
maining members. Their meetings for the transaction of
business shall be held at such times and places as they
shall appoin*", to be called by giving personal notice there-
of, to each individual member or publishing notice in some
newspaper printed in Lee county, or by posting the sara«
in three or more public places in said town five days at
least before the time of meeting.

§ 4. All persons of good moral character and suitable
qualifications, without regard to their religious faith,
shall be eligible as officers and teachers and admissible to
pupilage in said academy. The trustees, however, shall
have power to expel any student and to remove any officer or
teacher for gross immorality or misconduct : Provided, that
two-thirds of the trustees present concur in such expulsion
or removal : And provided, also, that the accused shall
have notice of the charges against him and have an op-
portunity of being heard in his defence.
Approved Feb. 14, 1855.

eeod moral char
acter.

Power to expel.

363 1855.

AN ACT to amend an act entitled <' An act to incorporate the Mount Car- lo «orce seb. u,
roll Seminary." *^*^-

Section 1. JSe it enacted by the people of the state of
Illinois, represented in the G eneral Jlssembly , That it shall
be lawful for the legal voters of any township in Carroll TownoaserB.
county, at any annual election held for the purpose of
electing town officers, or for the legal voters of any school
district in said county, at any special election called for
the purpose, to vote a tax of three mills on the dollar, per
annum, for the term of four years, upon all real and per-
sonal property subject to taxation in said township or
school district, for the purpose of erecting additional
buildings to and purchasing apparatus for the Mount Car-
roll Seminary.

§ 2. It shall be the duty of the proper authorities of vote to be tahen.
any township or school district in said county, upon the
petition of twenty-five of the legal voters of any town-
ship or school district, to order a vote to be taken for
said tax, giving notice thereof in each particular case
whether the vote be taken by township or school dis-
trict, as is now required by law; and said notices shall
express the object, rate and time of said tax. The opin-
ion of said voters shall be expressed upon their ballots in
the following words, '• for the seminary'' or " against the Toyot* for or a-

55 J i. 1 J i. J u i.1 • J J gainst semtnary

seminary, and counted and returned by the judges and
clerks or officers presiding at said elections, as in other
cases; and if a majority of the votes cast at any such elec-
tion shall be for said tax then the same shall be levied and
collected in the same manner that the county tax is now
levied and collected by law; and such tax, when collect-
ed, shall be paid to the treasurer of the ^oard of trustees
of the Mt. Carroll seminary, and be subject to the order of
said board : Provided, that for the purposes aforesaid no
township or school district in said county shall be liable
for a greater tax than three mills on the dollar, per annum,
on the taxable property of such township or school dis-
trict, and said tax shall not be continued for a longer term
than four years.

§ 3. Whenever any township or school district in said Become a gto«k-
county shall vote a tax, as aforesaid, then each such town-
ship or school district shall become a stockholder in said
seminary to the amount of tax paid respectively by each
township or school district; and the supervisors of such
township and directors of such school district shall repre-
sent the stock of such township and school district, and
shall have and exercise the same rights and privileges as
other stockholders in said incorporation.

§ 4. Hereafter at all elections under this act and the Hiectiom.
act to which this is an amendment each stockholder shall

1S55.

Act repealed.

364

be entitled to one vote for each share of stock of five dol-
lars such stockholder may hold, not exceeding fifty shares,
but no stockholder shall be entitled to more than fifty votes
at any election notwithstanding sucli stockholder may hold
more than fifty shares of said stock.

§ 5. So much of the act to which this is an amend-
ment as conflicts with the provisions of this act is hereby
repealed.

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

Approved Feb. 14, 1855.

I« force Feb. 14, AN ACT to alter or amend an act entitled " An act to incorporate the Bl-
•866. gin Academy," approved Feb. 22, A. D 1839.

Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly, That sec-

oorporatora. tion Ist be and the same is hereby so amended as to read
that " B. W. Raymond, B. Truesdell, A. J. Joslyn, Wm C.
Kimball, O. Davidson, M. C. Town, A. Adams, Solomon
Hamilton, John Hill and Joseph Tefft and their asso-
ciates be and they are hereby created a body politic and

stfie- corporate, by the name and style of " The President and

Trustees of the Elgin Academy," and by that name and
style may have perpetual succession — the said institution
to be located in the city of Elgin, county of Kane, and
state of Illinois."

lieuer*! powers. § 2. That sectioH 2 be and the same is hereby so
amended as to read, " The corporation hereby created
shall have power to make contracts, to sue and be sued,
to plead and be impleaded, to grant and receive by their
corporate name, to accept of donation, acquire by pur-
chase or to sell and convey property, real, personal or
mixed, in all lawful ways; to use, manage, employ and dis-
pose of all such property or money belonging to said cor-
poration as to them shall seem best for the promotion of
the objects and interests of said corporation; to have a
common seal, to alter the same at pleasure; to make and
establish all such by-laws and regulations for the manage-
ment of said institution as may be necessary and proper
and not inconsistent with the constitution and laws of the
state or of the United States, and to confer on such persons
as may be worthy such academical or honorary degrees
as are usually conferred by similar institutions in like
cases."

■^'ok- § 3. That section 3 be and the same is hereby so

amended as to read, " The stock of said company shall

365 1856.

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 transfer- TraoBiBiabte.
able on the books of said corporation in such manner as
the board of trustees may direct or prescribe. The capi-
tal stock shall not exceed the sum of fifty thousand dollars.
The said corporation may, whenever it shall be deemed
expedient by the board of trustees, connect manual labor
with literary instructions, by agriculture or mechanical
operations, and for that purpose may hold land, not ex-
ceeding one hundred and sixty acres."

§ 4. That section 4 be and the same is hereby so Eiectk.n of irus-
amended as to read, " On the first Monday of April, *^^*
eighteen hundred and fifty- five there shall be elected by
the stockholders or such of them as may be present twelve
trustees, to manage the affairs of the corporation. Four
of said trustees shall be elected for one year and four for
two years and four for three years; and on the first Monday
of April in each and every year there shall be elected, as
aforesaid, four trustees to fill the vacancy of those whose
term shall expire. Notice of said election shall be given
for ten days, either by publishing the same in a newspaper
published in the city of Elgin (one insertion) or by post-
ing up notices in three public places in said city. The
trustees of said corporation shall have authority to pre-
scribe and regulate the course of studies to be pursued;
the amont of labor to be required of the pupils in said
academy; to fix the rate of tuition and other academical
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 com-
pensation; to displace or remove them; to erect necessary
buildings; to purchase books, chemical and piiilosophical
apparatus and other suitable means of instruction; to make
rules for the general regulation of the conduct of the
students; to suspend or expel any student whose habits
are idle or vicious or whose moral character is bad or who
refuses to obey the rules of the academy."

§ 5. The trustees shall have power and authority to Femate ijepart-
connect with said institution a female department, to ap- °^°*'
point or employ a principal and assistant instructress, and
may connect with it such operations of female labor as
they may deem advisable to conduct it on the manual la-
bor principle.

§ 6. That section 6 be and the same is hereby so Pmident.
amended as to read, " The board of trustees, at their first
meeting after each election, shall choose one of their num-
ber as president and another as secretary of the board and
some person as treasurer. Said board of trustees may
meet for the transaction of business as often as the presi-

1855.

366

Open to all do-
Bomlnatloae.

Amendment.

T«rm of oFfflce.

dent shall direct, or on request of any two of said trus-
tees, or at such time as the board may adjourn its meetings
from time to time to meet. Any five of said trustees shall
constitute a quorum for the transaction of business. The
treasurer and all other agents, when required, before en-
tering upon the duties of their office or appointments,
shall give bonds for the security of the corporation, upon
such conditions and in such penal sum and with such se-
curities as the board of trustees shall approve. The sec-
retary shall keep a record of the proceedings of all meet-
ings of the stockholders and trustees and cause the notice
of the annual election to be given as required in section
four."

§ 7. The said institution shall be open to all religious
denominations, and the professions of no particular reli-
gious faith shall be required, eitiier of officers or pupils.

§ 8. The above named persons who are trustees ap-
pointed under and by virtue of the charter approved Feb-
ruary 22d, 1839, to which this is an amendment and all of
their officers and agents and all bargains and contracts
made by them and all subscriptions obtained to the stock
of said corporation, together with all other acts done by
them as such trustees, are hereby confirmed and made as
bindiog on all the parties interested as if such bargains,
contracts, subscriptions and other acts had been made af-
ter the passage of this act.

§ 9. The above named persons shall continue in office
as trustees of said academy until their successors are
elected and qualified, in accordance with the provisions
of this charter; and all their acts, either by themselves or
by their agents or officers, and all donations and subscrip-
tions received or taken by them, shall be a? binding on all
parties interested as if they had been made after the elec-
tion and qualifications of the trustees under this act. The
above named persons or a majority of them shall give ten
days' notice of the place and time of holding the first
election of trustees, and shall preside as judges of said
election, and sliall certify the same, which certificate shall
be filed in the office of the secretary of the board of trus-
tees, when elected or qualified, and shall be sufficient evi-
dence of the election of said board of trustees.

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

Approved Feb. 14, 1865.

367 1855.

AN ACT to incorporate Glenwood Presbyterial Atademy.

Section 1. Be it enacted by the jjeople of the state of
Illinois, represented in the General *lssevnhly, That Rev.
D. F, McFarland, George Clingen and William Cratty are Rwd of tmsuos
incorporated a board of trustees of Glenwood Presbyte-
rial Academy, to hold their office until their successors
shall be duly appointed according to provisions hereafter
described.

§ 2 Should Schuyler Presbytery of the Synod of lUi- Adaiuonfti daMas
nois of the General Assembly of the Presbyterian Church,
O. S., take said academy under their care, presbytery
shall appoint four additional trustees, who shall constitute
a board of direction for the control and management of
the academy ; but should presbytery not do so, the session
of the Presbyterian Church of Glenwood shall have the
appointment of said four trustees, who shall hold their
office unti) their successors shall be duly appointed.

§ 3. T'ne board of trustees shall so arrange theirnum- Terau^toffloe.
ber that tv/o shall go out of office at the end of the first
year, two at the end of the second year, and three at the
end of tllir third year.

§ 4. The Presbytery of Schuyler, or should they not Presbytery.
accede to section 2d, tlie session of Glenwood Presbyte-
rian church shall have the appointing perpetually of four
of the trustees, and the board the remaining three.

§ 5. The trustees shall be authorised to hold in trust Money.
all money or property donated or otherwise, and apply the
same for the sole use of the academy.

§ 6, Trustees shall appoint teachers, arrange the course Appoint teaefcers
of instruction and conduct the academy according to the
regulations of board of education of the general assembly
of the Presbyterian church, affording instruction and the
advantages of a liberal education at the least possible ex-
pense to the greatest number-

§ 7. They shall once in the year submit a correct re- Makcieport.
port of all their doing during the year, with condition and
prospects of academy, state of the buildings, amount of funds
on hand and donated during the year to the presbytery;
or should presbytery not accede to sec. 2, then to the
session of Glenwood Presbyterian Church, for their ap-
proval or disapproval.

§ 8. The board shall as soon as possible take measure suitabte bniid-
to procure suitable buildings and apparatus, either by '°**'
joint stock or subscription; also, an endowment of profes-
sors, by scholarship or otherwise, as to them may seem
best, in order to establish a first class academy.

§ 9. Any person elected as a trustee who shall fail to VMutt.
take his seat in the board duriag the first two meetings af-
ter his appointment, his seat shall thereby become vacant,

1855.

'368

luterefit to be
paid over annu-

Property
sold.

CooHiion

Quorum.

and the board shall have power to fill his place by the ap-
pointment of another during his term of office.

§ 10. The property of the academy and all funds be-
longing to the academy can never be diverted from the prop-
er use of the academy. Trustees shall annually pay over
the interest of all funds in their hands to defray the ex-
penses of the academy, their own private property being
bound as security of said funds.

§ 11. When the academy ceases to be conducted ac-
cording to the rules of the board of education of the Pres-
byterian Church, O. S., of the United States, then the
property to be sold, and the proceeds, with ali funds in
the hands of the trustees, to pass into the hands of the
board of education of the Presbyterian Church, to be ap-
plied to the establishing and sustaining schools elsewhere.

§ 12. Every trustee, after the board is fully organised,
upon taking his seat in the board, shall promise to faith-
fully discharge to the best of his ability ali the duties of
his office according to the foregoing stipulations.

§ 13. The trustees of any school district may apply the
common school fund to any scholar or scholars who may
attend this academy in preference to the district school,
the principal of the academy giving them a receipt there-
for, according to the amount and time sent.

§ 14. Should the sJate make a donation of money or
land for the use of the academy, for every one hundred
dollars ten years' tuition shall be given to one or more
scholars designated by the school commissioners of the
county or adjoining counties or to any indigent scholar
who may wish to claim it, he being subject to all the rules
of academy as other students; and when the academy
ceases to be conducted as a school of learning, then one-
half of the funds in the hands of the trustees to pass into
the common school fund of the state of Illinois.

§ 15. Any two of the first named trustees, immediate-
ly after the passage of this act, shall form a quorum to
put the academy in operation, opening it for the reception
of scholars, appointing teachers and arranging the course
of studies.

Approved Feb. 14, 1865.

lu force Feb. 6,
1855.

Corporators.

AlX ACT to incorporate the Peoria Academy.

Section 1. Be it enacted hy the people of the state of
Illinois^ represented in the General Jissembly^ That Ons-
low Peters, Rudolphus Rouse, P. R. R. Brotherson, John
W. Hansel, A. P. Bartlett and the other stockholders of a

369 1855.

joint stock company in the city of Peoria, called the "Pe-
oria Academic Associationj" and their associates, succes-
sors and assigns be and they are hereby created a body
politic and corporate by the name and style of "The Peo-
ria Academy," and by that name and style to have per-
petual succession for the purpose of establishing and main-
taining in the city of Peoria an institution for the pur-
poses of education.

§ 2. The corporation hereby created shall have power oorpoiat* iKiwere
by their corporate name to contract, to sue and be sued,
to acquire, receive and hold, by purchase or otherwise,
property, real, personal and mixed, and to use, manage
and employ and sell and dispose of all such property or
m mey belonging to said incorporation in such manner as
to them shall seem proper for the promotion of the objects
and interests of said corporation; and to make and estab-
lish all such rules, by-laws and regulations for the man-
agement of said institution and corporation as they may
deem proper, and not inconsistent with the laws of this
state.

§ 3. The officers of said corporation shall be a presi- ot}>wTi..
dent, secretary, treasurer and board of directors, to be
elected annually by the majority of the votes of the stock-
holders present and voting at the meeting held for such
election. There shall be three directors besides the presi-
dent and secretary, who shall also be directors.

§ 4. The articles of association of the said Peoria bj».)*w&.
Academic Association and the by-laws, rules and regula-
tions of said association, not inconsistent with this .act of
incorporation, shall be and remain the rules, regulations
and by-laws of this corporation until the same shall be
repealed or changed by the corporation; and all the prop-
erty, rights and credits of said Peoria Academic Associa-
tion shall be and are hereby vested in this corporation,
and the officers of said association shall be and remain
the officers of this corporation until their successors are
elected at the next annual meeting of the stockholders.

§ 5. The annual meeting of the stockholders for the Annnai m«»uog.
election of officers, &c., shall be on the first Saturday of
February of each year, and in case it should €o happen
that an election of officers should not be made at said an-
nual meeting, or such annual meeting should not be held,
this corportion shall not for that cause be deemed dissolv-
ed, but it shall be lawful on some other day to call a meet-
ing of stockholders and elect officers in such manner as
shall be prescribed by the by-laws and regulations of this
corporation, and the old officers shall act until their suc-
cessors are elected.

§ 6. The land, lots, buildings, library, furniture, phi- Bxeapt ttom
losophical or other apparatus is hereby and the same snail ***""^'
38

1855.

370

be forever exempt from taxation for state, county, town
and city corporation purposes, and also exempt from exe-
cution for other than debts or demands against the cor|x)-
ration in its corporate capr^city, except for debts ot the
stockholders due the corporation.

This act to be deemed and taken to be a public act, to
be amended by the legislature, and in force fi't)m and after
its passage.

Approved Feb, 6, 1855.

kncatJon.

Sonorrt p<w^.i'B.

Ill f.i»!t' F'l- 1&. AN ACT to incorporate the Duquoin Female Semin^iry, in Perry connty.

Section 1. Be it enacted by the people of the state of
Illinois, represented in the General ,/issemhly, That Bcn-
corporatow. jamju Spraguc, George D. Wail, Augustus J. Norton, Jo-
seph Gordon, Robert Stewart, Russell S. Tuthill, William
H. Bird, William H. Underwoo'd, Albert Smith, Oliver B.
Root, Johnston Burbank, Edward B. Olmstead, Thomas
Reed, Hiram Hinckley, George W. Burbank, Asa L. San-
ders, John Kirkwood and Josiah Wood and their succes-
sors be and are hereby constituted a body politic and cor-
porate, under the name and style of " Duquoin Female
Seminary," to be located in or near the village of Duquoin,
in section No. twenty-seven, in townsnip No. six south, of
range No. one west of the third principal meridian, county
of Perry; and by that name and style to remain, and shall
have perpetual succession, in accordance with the provi-
sions of the constitution under which they act, with power
to sue and he sued, plead and be impleaded, and be capa-
ble in law of taking and holding, by gift, grant and devise
or otherwise, and of purchasing and holding and convey-
ing, both in law and equity, any estate, real, personal or
mixed : Provided, the same shall not exceed at any one
time the sum of two hundred thousand dollars free from
taxation; to have and use a common seal and to alter the
same at pleasure; to make and alter from time to time
such rules as they may deem proper for the government of
said institution, its officers and servants : Provided, such
rules are not inconsistent with the constitution and laws of
this state and of the United States.

§ 2. The government of this institution shall at all tin^s
be vested in a board of directors, consisting of eighteen
members, of whom seven shall be a quorum to do business,
and that they may have perpetual succession; they shall
have power to fill all vacancies occurring in the board by
death, removal from the state, resignation or any other

Oowuuiuuk.

371 1866.

cause — having, in aii such elections, respect to the reli-
gious features of the seminar}', set forth in the articles of
compact of the original subscribers.

§ 3. The objects of this corporation shall be such as ohiet^
are set forth in their constitution, adopted in June of fifty-
four; and the powers of the board of directors, their offi-
cers, committees, agents and board of instruction such as
defined in said constitution and such as are usual in cor-
porations for educational purposes; and the various acts of
the provisionary board created by the compact of the ori-
ginal subscribers to this institution and of the permanent
Doard as tiieir successors shall be of equal force in law
aaid equity as though subsequent to this act.

§ 4. The board of d. rectors shall have power to con- Ji'^-^r ^ cMif"
fer graduating diplomas and such other evidences of lite- '* °*^
rary attainments as shall tend to encourage thoroughness
of scholarship in the members of the seminary and sliall be
useful to them in the varied departments of usefulness in
society to which they may be called, especially that of
teaching.

^ 5. The board of directors shall faithfully apply all Appitoation ot
funds collected or hereafter to be collected lor said semi-
nary, according to their best judgment : Provided^ that in
case any donation, devise or bequest shall be made for par-
ticular purposes accordant with the objects of this institu-
tion and the board of directors shall accept the same eve-
ry such donation, devise or bequest shall be expressly ap-
plied in conformity with the conditions prescribed by the
aanor or devisor.

§ 6. The said institution shall be open to all denomi- open to au de-
nations of christians, and the profession of any particular ""™"^ "*■
religious faith shall not be required of those who become
students.

§ 7. It shall be the duty of the board of directors to AsBotiittr»a»urer
appoint one of their number treasurer, who shall be requi-
red to give bond, with sufficient security, in such penal
sums as the board may prescribe, conditioned for the per-
formance of such duties as tiie by-laws may require of him;
and all process against said corporation shall be by sum-
mons, and service of the same shall be by leaving an al-
tested copy with the treasurer of said institution at least
ihirty days before the return day thereof.

§ 8. All property of whatever kind and description be- Bxtmpt t^m
longing or appertaing to said seminary shall be and lorev- ^^
er remain free and exempt from all taxation for any and
all purposes whatever.

1855.

372

§ 9. This act to take effect and be in force from and
after its passage, and it shall be deemed a public act, and
shall be construed liberally in all courts for the purposes
therein expressed.

APPROVED Feb. 13, 1855.

Corporators.

oyects.

teoeral powers.

AN ACT to incorporate the Urbana Male and Female Seminary.

Section 1. Be it enacted by the people of the state oj
Illinois, represented in the General Assembly, That Jesse
W. Jaquith, Wm. Pack, Elisha Harkness, Archa Camp-
bell, James Dean, B. F. Harris and Martin Reinhardt 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 Urbana Male and Female Semi-
nary," and by that style and name to remain and have per-
petual succession. The said seminary shall be and remain
at UrbaTia, in the county of Champaign. The number of
trustees siiall not exceed seven, five of whom shall consti-
tute a quorum to do business.

§ 2. The sole object of said corporation shall be the
promotion of male and female education.

§ 3. The corporate powers hereby bestowed are such
only as are essential or useful in the attainment of said ob-
ject 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 oth-
er acts as natural persons may; to accept, acquire, pur-
chase or sell real property in all lawful ways; to use, en-
joy, manage and dispose of all such property and all money
or personal property belonging to said corporation in such
manner as shall seem to said trustees best calculated to
promote the object beforementioned; 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 constitu-
tion and laws of the United States and of this state.

§ 4. The trustees of said corporation shall have au-
thority, from time to time, to prescribe and regulate the
course of studies to be pursued in said institution; to fix
the rate of tuition and other expenses; to appoint instruc-
irwtructoTs and tors and such other officers and agents as may be neces-
.7Uier agents. ^^^^ -^^ managing the concerns of the institution; to define
Fixcoiai)««i6ation their duties, to fix their compensation and displace or re-
move them ; to erect necessary buildings ; to purchase
books, chemical and philosophical apparatus and other

<A sludiee.

373 1855.

suitable means of instructions; to make rules for the gen-
eral government of the affairs of the institution and for the
regulation of the conduct of the students.

§ 5. This institution shall be under the patronage of under patr.aai^
the Illinois Annual Conference of the Methodist Episcopal ai Gonte»on«r
Church; and it shall be lawful for said conference to ap-
point, annually, a board of visitors, who shall have power
to sit with the board of trustees, at its annual meeting,
as ex officio members; but the profession of any particular
religious faith shall not be rer uired of those who become
students.

§ 6. In order that this corporation may have perpetu- vaoancies.
aJ succession the quarterly conference of the Urbana cir-
cuit or station of the Illinois Annual Conference of the
Methodist Episcopal Church shall have power to nomi-
nate a suitable person or persons to fiil any vacancy or
vacancies that may occur by death, resignation or removal
from office; and the board of trustees from the time being
shall have power to accept or reject said nominees, and
the said conference shall continue to nominate and the
board to accept or reject until all such vacancies are
filled.

§ 7. It shall be the duty of the trustees to appoint one Treasunr.
of their number a treasurer, who shall be required to give
bond, with sufficient security, in such penal sura as the
board may prescribe, conditioned for the performance of
such duties as the by-laws may require of him.

§ 8. The trustees shall faithfully apply all funds col- ^j^^'^f °" "^
lected or hereafter to be collected for said seminary ac-
cording to their best judgment : Provided^ that in case Pro«rt9o.
any donation, devise or bequest shall be made for particu-
lar purposes accordant with the objects of said institu-
tion and the trustees shall accept the same every such do-
nation, devise or bequest shall be expressly applied in
conformity with the condition prescribed by the donor or
devisor.

Approved Feb. 16, 1855,

AN ACT to incorporate the Union Academy of Spai ta, io Randolph In force Jfeb. 13,

county. id&^.

Section 1. Be it enacted by the people of tiie slate of
Illinois, represented in the General Assembly, That David
Brown, Reuben Bailey, John Parks A. M. McDili, William corpo»aK>r=.
Meek, John Beatty, William Mann, William Rosborough,

1856. 374

D. McDill, M. Hardshaw, James Morrow, and J. E. De-
tricli and their associates, successors and assigns be an^i
tliey are hereby constituted a body politic and corporate,

«!yis. by tlie name and style of "The President and Directors

of the Union Academy," and by that name and style shall
have perpetual succession for the purpose of establij'hing
and mairitaining in or near t!ie town of Sparta, in Ran-
dolph county, an institution for educational purpose?, to
be known as " The Union Academy."

c.>ri>xari-POTV8ira § 2. The Corporation hereby created shall have pow-
er, in tiieir corporate name, to contract and be contracted
v/ith; to sue and be sued, plead and be impleaded; to ac-
quire, receive and hold by purcijase, devise, bequest or
otherwise, real, personal or mixed property, and to use,
manage and employ or sell and dispose of all such proper-
ty or money belonging to said corporation in such man-
ner as to them shall seem proper fur the promotion of the
objects and interests of said corporation; to have and use
a common seai, and the same to alter and change at plea-
sure; and to make, establish and alter, from time to time,
such by-laws, rules and regulations for the management
and government of said institution and corporation as they
may deem pro})er, not inconsistent with the constitution and
laws of this state and of the United States.

BwMrtotJirectors § 3. The first board of directors 'hall consist of the
before named corporators, who shall hold their offices un-
til their successors are elected, and who may meet and or-

i.K'rtio«i (rf uffl- ganize, by the election of the president, treasurer and
""*• seer* tary, at such time as a majority may determine upon,

and may make such provision for the biennial election or
selection of their successors and for the election and ap-
pointment of officers, teachers and servants at such times
and in such manner as they may deem proper, and may

v<uft!Kies. fill and make provisions to fill all vacancies which may in
any manner occur in the board ; but said board of di-
rectors shall never consist of less than seven nor more
than thirteen members, one of whom shall be chosen pres-
ident, and five of whom may be a quorup to do business;
and they may require bonds, in such sums as they may
deem proper, from their treasurers and any other officers
or agents in whose hands may be placed any moneys, pro-
perty or effects of the corporation.

{•HxHrMcrfaorm- § 4. Said directors may meet on their own adjourn-
aiuwttnga. ments and fix the time of annual and other meetings of the
board; anu in case it should so happen that an election of
directors and officers should not be made at any time fixed
therefor by said directors this corporation shall not for that
cause be deemed dissolved, but it shall be lawful, on some
other day, to call a meeting and elect officers in such man-
ner as may be prescribed by the by-laws and regulations,

375 1 855.

and the old officers shall act until their successors are
elected.

§ 5. In case any donation, devise or bequest shall be oooi^ious.
made for ])articular purposes accordant with the designs
of the institution so established as aforesaid and the cor-
poration shall accept the same such donation, devise or
bequest shall be applied in conformity with the express
condition of the donor or devisor.

§ 6. Said institution shall be under the control and Oiatiui.
direction of the First Associate Reformed Presbytery of
Illinois, agreeably to such rules and regulitions as may
be fixed by the board of directors, and shall be open to
all denominations of christians, and the profession of any
particular religious faith shall not be required of those
who become students.

§ 7. Said institution shall be entitled to a suit of the spe- Kntitied»o«eoio-
cimens to be collected under the fourth section of isn act ^ ^t^m^™-
for a geological and mineralogical survey of the state, ap-
proved February 17, 1851; and the land and lots, build-
ings, 'ibrary, furniture, philosophical or other apparatus of /
said corporation is hereby and the same shall be forever
exempt from taxation for state, county, town or city cor-
poration purposes : Provided^ that the amount of j)roper-
ty so held exempt from taxation at any time shall not ex-
oeed in value one hundred thousand dollars.

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

Approved Feb. 13, lb55.

AN ACT to incorporate the Chicago Theological Seminary. in f«rot Peb. 15-

lSo5.

Section 1. Be it enacted hy the people of the state of
IUuvjLH^ represented in the General ^dssembly, That Ste-
phen Peet, William Carter, Fiavel Bascom, M. A. Jewett, corp»)ratorK
Geo. W. Parkins, Piiilo Carpenter, Truman Post, John C.
Holbrook, Horace Hobart, John J. Miter, Hiram Foote,
Joseph Johnston, Harvey D. Kitchell, Alden B. Robbins,
Adam S. Kedezie, L. Smith Hobart, Nathan H. Eggles-
ton, Solomon L. Withey, Jesse Guernsey, Joseph E. Bee-
be, Charles W. Camp, John G. Foote, Richard Hall, Geo.
S. F. Savage and their successors be and they hereby are
careated a body politic and corporate, to be styled " The
Board of Directors of the Chicago Theological Seminary," styK..
and by that name and style to remain and have perpetual Geiksrai v'-«-»*is
succcession, with full power to sue and be sued, plead and
be impleaded; to acquire, hold and convey property, real
and pei'sonal; to have and use a common seal; to alter an«i

18on. 376

renew the same at pleasure; to make and alter a constitu-
tion and by-laws for the conducting and government of
said institution, and fully to do whatever may be necessa-
ry to ("arry out the object of this act of incorporation.

Li).vxii..ii. § 2. That the seminary shall be located in or near the

city of Chicago. The object shall be to furnish instruc-
tion and the means of education to young men preparing
for the gospel ministry, and the institution shall be equally
open to all denominations of christians for this purpose.

BoaT'i a -tirec- § 3. That the board of directors shall consist of twen-
ty-four members, nine of whom shall constitute a quorum
for the transaction of business. The directors shall here-
after be elected in accordance with the provisions of the
constitution under which they act and shall hold their
office until their successors are appointed.

KxecuMv- coni- § 4. The board of directors shall have power to ap-
point an executive committee and such agents as they may
deem necessary and such officers, professors and teachers
as the government and instruction of the seminary may
require, and prescribe their duties, to remove any of
them for sufficient reasons, and prescribe and direct the
course of studies to be pursued in the institution; also, to
confer such degrees as are consistent with the object of
the institution.
•mpt fixOT § 6- That the property, of whatever kind or descrip-
tion, belonging or appertaining to said seminary, shall be
forever free and exempt from all taxation for all purpose*
wliatsoever.

§ 6. This act to take effect and be in force from and
after its passage, and it shall be deemed a public act, and
shall be construed liberally in all courts for the purposes
therein expressed.

Approved Feb. 16, 1855.

mittf^e.

t'lxatioii;

!n force Feb. €, AN ACT to incorporate the Mt. Vernon Academy,

l-ioc.

Section 1. Be it enacted by the jjeople of the state qf
Iltbiois, 'represented in the General Assembly, That Za-
• , rit<jw.' dok Casey, James Leaton, John N. Johnson, John H. Wat-
son, Joel F. Watson, Charles T. Pace and Walter B.
Scates, their associates and successors, be and they are
hereby created a body corporate and politic, by the name
strie. and style of '■^ The Mount Vernon Academy," with pow-

p.wers. er to sue and be sued, and to acquire, hold, sell and trans-

377 1866.

fer, both real and personal property, by any and all usual

modes, as individuals may or can do.

§ 2. The object of this corporation is to promote the objects.
cause of education, by the establishment and maintenance
of a high school, at or near Mt. Vernon, Illinois; and to
this end the said corporators, together witii three such
persons as may, from time to time, be designated by the
Southern Illinois Conference of the Methodist Episcopal
Church, and their successors, shall constitute a board of Board oitsustees.
trustees, and four of whom shall form a quorum for trans-
acting business. They may, from time to time, increase
or lessen the number or trustees and of the quorum.

§ 3. To carry out the objects of this corporation, the By-iaw».
trustees, may in detail, adopt such by-laws, rules and regu-
lations as to them may seem best calculated to accomplish
the purposes of the corporation, and alter, amend or abol-
ish the same : Provided^ said by-laws, rules and regulations Provtao.
be not repugnant to the laws and constitution of the Uni-
ted States or of this state; and all such as are in c .>nforrai-
ty therewith shall be as valid and obligatory as if hereby vaiw.
enacted at large. And that the provisions of an act enti-
tled "An act for a geological and mineralogical survey of
the state of Illinois," in force February Hth, 1861, shall
be construed as including this academy. Certified copies Evidence.
of by-laws, rules and regulations shall be received as evi-
dence in all courts without further proof of their adop-
tion.

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

Approved Feb. 6, 1865.

AN ACT to incorporate the Quincy English and German Seminary, in the ^° force Feb. 5,
city of Quincy, in the count}' of Adams, and state of Illinois.

Section 1. Be it enacted by the people of the state of
lUinoisg, represented in the General Assembly ^ That Har-
rison Dills, J. N. Ralston, William D. Morgan, Frederick corpoM«ors*
Janson, ©avid Demaree, John Kinkel, George A. Roberts,
William Dickhut, B. J. Chatten, George Folkrod, Samuel
Huffman and their successors be and they are hereby cre-
ated a body politic and corporate, to be styled and known
by the name of "The President and Trustees of the Quincy style.
English and German Seminary," and by that name and
style to remain and have perpetual succession. The said
sejninary shall be and remain in the city of Quincy, in the

1856.

37^

O^eoU.

Corporerte powers

county of Adams, and state of Illinois. The number of
trustees shall never exceed fifteen, including the principal
of the seminary, who shall be ex officio a member of the
board of trustees. The board of trustees, shall, at theit
first meeting or as soon thereafter as practicable, choosB
one of their number as president. For the present the
above named individuals shall constitute the board of
trustees, who shall fill the remaining vacancies at their
discretion.

§ 2. The object of said corporation shall be the pro-
motion of the interests of sound learning generally, and of
English and German literature in particular, to qualify
the youth of our country, both male and female, to engage
in the several employments and professions of society and
discharge honorably and usefully the various duties of
life.

§ 3. The corporate powers hereby bestowed shall be
such only as are essential or useful in the attainment of
said object and such as are usually conferred on similar
bodies corporate, to wit: To have perpetual succession;
to make contracts; to sue and be sued; to plead and be im-
pleaded; to grant and receive by its corporate name and
to do all other acts as natural persons may; to accept, ac-
quire, 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 corpo-
ration in such manner as shall seem to the trustees best
adapted to promote the object before mentioned; to have
a common seal and to change or alter the same at plea-
sure; to make ail needful rules and by-laws for its regular
tion as are not inconsistent with the laws and constitution
of the United States or of this state; to confer on such
persons as may be considered worthy sucli honorary de-
grees as are usually conferred by similar institutions.

§ 4. The trustees shall have authority from time to
time to prescribe the course of study to be pursued in said
seminary; to fix the rate of tuition and other seminary ex-
penses; to appoint the principal of the institution and such
other professors and instructors, officers and agents as
may be needed in managing the concerns of the institiv
tion; to define their duties, powers and employments; to
fix their compensations and to displace or remove the
principal or ary of the professors, either of the instruc-
tors, officers or agents as said trustees shall deem tlie in-
terests of said seminary shall require; to fill all vacancies
in the board of instructors and among the officers and
agents; to erect suitable and necessary buil(^ings, pur-
chase books and chemical, philosophical and other appa-
ratus and other suitable means of instruction; to put into
operation such rules and regulations for the general man-

379 1855.

agement of the affairs of the seminary and for the regula-
tion of the conduct of the students as they may deem right
and proper.

§ 5. The trustees shall faithfully apply all funds by ^'"^
them collected or hereafter to be collected according to
their best judgment in erecting suitable buildings, in sup-
porting the necessary instructors, officers and agents, in
purchasing books, maps, charts, globes, philosophical,
chemical and other apparatus necessary to aid in the pro-
motion of sound learning in said institution. _, „„>,,^ »«,

§ 6. Any donation, devise or bequest made tor special
purposes in accordance with the objects of the instituton,
if the trustees shall accept the same, shall be faithfully
and truly applied in conformity with the express condition
or conditions of the donor or devisor. The lands, tene-
ments and hereditaments to beheld in perpetuity in virtue
of this act shall not exceed one thousand acres, and the
value of the whole property of the institution, real and
personal, shall not at ary one time exceed five hundred
thousand dollars: Providedy however, that grants, dona- ^°'^^*
tions or devises in lands which from" time to time may or
shall be made to said corporation may be held for the
term of ten years from the date of such grant, donation
or devise, at the end of which time the said lands over
and above the beforementioned one thousand acres shall
be sold by the corporation, and in case of neglect to sell
said lands so donated or devised shall revert to the origi-
nal donor or devisor or to the lawful heirs of the same.

§ 7. The treasurer and all other officers and agents of ^^^^ *^ ^*
the institution, when required by the trustees, shall give
bond for the security of the corporation, in such penalty
and such security as the board shall approve; and process
gainst said corporation shall be by summons, and service
of the same shall be by leaving an attested copy with
the treasurer at least thirty days before the return day
thereof.

§ 8. In all its different departments of instruction the "nomn^tionV*^*'
seminary shall be open and free to all dencminations, and
the profession of any religious faith shall not be required
in order to admission; but those students who are ir.Ie or
vicious or whose characters are immoral may be dismissed
from the institution.

§ 9. The trustees of said seminary shall hold at least "^^^^ ™^'^'°
one stated annual meeting, the time of such meeting to be
fixed by the by-laws of said corporation, with such other
special meetings as the board may deem necessary. Five
members shall constitute a quorum to do business. The
trustees of said seminary shall, at their regular annfial
meeting, elect from among their number a president, sec- Elect preHiteat-
retary and treasurer of said board, who shall hold their

1865. 380

offices for one year and until their successors are elected
and qualified. The said board of trustees shall have pow-
Tftoanoiae flued. er to fill all vacancics that may occur in the board either
by death, resignation or otherwise at any regular annual
meeting or at any special meeting called by said board*,
and shall also have power to remove or displace any mem-
ber of the board of trustees who may at any time become
disabled or disqualified in anywise to meet with or do
business with said board or who shall neglect or refuse to
meet and sit with said board. At the time of any such
removal the said board shall enter upon their journal the
cause of such removal.
^inoia^ Annual § 10. It shall be lawful for the Illinois Annial Confer-
ence of the Methodist Episcopal Church to appoint, an-
nually, a board of visitors, consisting of not more than six
persons, who shall have power to sit with the board of
trustees at the annual meetings and participate with thera,
ex officio as members of the board in the appointment of
the board of instruction and filling vacancies in the board
of trustees, as provided for in the ninth section of this
act.

§ 11. This act shall be a public act, and shall be in
force from and after its passage, and shall be liberally
construed in all courts for the purposes hereinbefore ex-
pressed.

Approved Feb. 5, 1855.

yoaferenca.

In foece F&b. 9, AN ACT to incorporate FuUon Seminary, at Lewistown, in Fulton county.

Section 1. Be it enacted by the people uf the state of
Illinois^ represented in the General Assembly ^ That My-

«of4)o«rtoee. ron Plielps, Lewis D. Ross, Newton Walker, Henry B.
Evans, John Tompkins, Leonard F. Ross, Wm. Phelps,
Wm. N. Cline, Joseph Dyckes, Henry Apple, James F.
Donaldson and George Humphrey, and such persons as
are or may hereafter become associated with them and
their successors, are hereby constituted a body corporate,

Name. by the name of " The Fulton Seminary," for the purpose

of establishing and maintaining a seminary of learning in

i-ocauon. or near the town of Lewistown, Fulton county, for males

and females, with full power to sue and be sued; to take
and hold real and other property by purchase, gift, grant,
devise or otherwise; to lease, convey and dispose of the
same for the prosecution of the purposes aforesaid.

381 1855.

§ 2. The estate, property and financial concerns of GoTernmeDt.
said corporation shall be managed by a board of twelve
trustees, at least a majority ot whom shall at all times be
members of the Methodist Episcopal Church, and on ceas-
ing to be such members that from thenceforth cease to be
such trustees, and his or their places shall be filled by ap-
pointment of said board of trustees, which appointees shall
hold their offices until the next election of trustees, as
hereinafter provided, and be qualified as aforesaid.

§ 3. The persons named in the first section of this act TmstaM.
siiall be the first trustees of said corporation, and shall be
divided, by lot, to be cast among themselves, into three
classes. The term of service of the first class shall ex-
pire on the first Wednesday in August, 1855, that of the
second in one year thereafter, and that of the third in two
years thereafter.

§ 4. There shall be a board of five visitors, to be ap- Board of vJeiKTB.
pointed by the Rock River Conference of the Methodist
Episcopal Church, and in case of a division of said con-
ference then by the conference of said church within the
bounds of which said institution shall be located, which
shall, conjointly with the board of trustees, appoint the Teachers.
teachers and arrange, fix and direct the course of instruc-
tion, text books and the general manner of conducting
»aid school.

§ 5. On the first Wednesday of the month of August, Time of rwowmg
1865, and the same day in each year thereafter, there «^"°°^-
shall be an election of four trustees of said corporation
whose term of office has expired by limitation and to fill all vaMncsee aim.
vacancies occasioned by death or otherwise. The elec-
tion shall be by ballot, in manner and form as provided in
8€c. 7 and by a plurality of the stockholders present and
represented; but a failure at any time to elect trustees on
the day therein named shall not work a forfeiture of this
corporation, and in case of such failure all qualified trus-
tees shall hold their office until their successors are
elected.

§ 6. Said corporation may have a capital stock of capital stock.
$30,000, to be divided into shares of $50 each, and sub-
scription to the same shall become binding when $10,000
ffhall be taken and subscribed and shall become payable
in installments as said trustees may direct. Any one fail-
ing to pay any installment or installments as required
shall, at the option ojf the trustees, forfeit his claim to such
stock and all payments made thereon. Said trustees, by
the direction of a majority of the stockholders, shall have
power to increase said capital stock to $50,000 if deemed
necessary by them for tlie purpose aforesaid.

§ 7. The legal holders of a certificate of one or more Legal boiciere of
g-hares of capital stock shall, at the election for trustees, ^*i^**^ "'

1S55.

382

9r-imf».

gteos to m»!ce

PrcMQptr^se*

'ap««j«<'a?al)la.

be entitled to one vote for each share of slock on wliich
all the installments called in by the trustees and due shall
have been paid. Each stockliolder shall be entitled to
send to said institution one scholar on each share of stock
held by him on which all installments required have be«n

{)aid and shall be entitled to a deduction from the estab-
ished prices of tuition of such scholar of 10 per cent, on
each share upon which a scholar shall iiave been actually
sent.

§ 8. Said trustees, or a majority of them, shall choose
their own officers and make their own by-laws and possess
and exercise ail such powers as may be requisite to aid
and etFect the purpose of this act.

§ 9. The said trustees, at each annual meeting, shall
submit to the stocklioiders a report of the state of this in-
stitution and its finances, with an inventory of its proper-
ty, and may declare such dividend to its stockholders from
the nett proceeds of the institution as the state of the
finances and efficiency thereof in their opinion shall war-
rant : Provided^ that no such dividend shall at any time
be declared when its payment Vv^ill embarrass the financst
or endanger the efficiency of the institution.

§ 10. Said% trustees and board of visitors shall fi'om
time to time appoint a principal preceptress and all other
necessary teachers and o-ticers of the institution and fix
their compensation. The principal shall be a member of
the Methodist Episcopal Church.

§ 11. The property of said corporation shall be and
remain free from taxation and assessment.

§ i2. The stock of this corporation shall be transfera-
ble on the books of the company after the shares have been
fully paid.

§' 13. This shall be a public act, and shall be in fo?ce
from and after its passage.

Approved Feb. 9, 1855.

Oi-HIIKItM^CIM.

Style.

AN ACT to incorporate fhe Moviltrie County Acarieiny,in the towu of Sul-
livan, ill the county of Moultrie, and s'a'e of Illinois.

Section 1. Be it enacted by the people of the state of Illi-
nois^ represented in the General Assembly^ That Bushro<l
W. Henry, William Kellar, Arnold Thomason, Jonathan
Patterson, Ezra D. Cleveland, Henry Y. Keller, Morris
B. Chew, Samuel Sraiser and Joel L. Ethridge and their
successors are hereby created a body politic, incorporate,
to be styled and known as "The Ti ustees of Moultrie Coun-
ty Academy," and by that style and name to remain and

383 1856.

have perpetual succession; the said academy to be and re-
main at Sullivan, in Moultrie county. The number of
trustees shall not exceed nine (9,) of whom a majority
Aall constitute a quorum to do business, a majority of
w'hom shall reside in Moultrie county, and be members of
the Christian church.

§ 2. The object of said academy shall be the education object.
of youth of both sexes with an especial view to the study
df the bible as a basis of education.

S 3. The corporate powers hereby conferred are such Fo^n.
Qjiiy as are essential to the attainment of said objects, to
\sfit : To have perpetuel succession; to make contracts; to
sue and be sued; to plead and be impleaded; to grant and
to receive by their corporate name, and to do all other
acts as natural persons may; to accept, acquire, purchase
or sell property, real or personal or mixed, in all lawful
ways; to use, manage and dispose of all property acquired
by said corporation or belonging to it in such manner as
^all appear to said trustees and their successors best
adapted to promote the objects beforementioned; 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 laws and constitution of this state or the United States.

§ 4. The trustees of said (Corporation shall have power prescribe 8o«f8,^
to prescribe and regulate the course of studies to<be pur- of »i-i^'^''--
sued in said institution; to fix the rate of tuition ; to ap-
point instructors and such other officers and agents as the
Institution may require; to define their duties and fix their
compensation; to remove them for such sufficient cause as
in the estimation of said trustees shall be deemed good and
valid; to erect all necessary buildings ; to purchase books
and other needed means of instruction, and to make rules
and regulations for the affairs of said institution and the de-
portment of students attending the same.

§ 5. No confession of religious faith shall be required
(^ any person in order to enjoy the benefits of the iastitu-

§ 6. The trustees herein named and their successors va^Anoifs fiii-d.
lAall have power to fill all vacancies that may oc3ur in
their boJy.

§ 7. The trustees herein named and their successors Apiiikftfion or
^all faithfully apply all funds collected or hereafter to be '""''•
collected for said academy to the promotion of the inter-
ei^ts and objects of the institution according to their best
judgment : Provided, that if donations, devises or bequests
be made to said academy and the trustees shall accept the
^ same every such donation, devise or beques^t shall be ex-
pressly applied in such manner and for such object or ob-
jects only as the devisor or donor shall specify.

Approved Feb. 14, 1855.

1866. 384

m force Feb. 15, AN ACT to incorporate the Clark Sf minary, at Aurora.

1865.

Section 1. Be it enacted by the people of the state qf
Illinois, represented in the General Assembly^ That Benj.

Corporators. Hackney, C. H. Goodwin, John H. Lathrop, G. G. Wa-
terman, Orington Lunt, Daniel McCarty, E. J. Wood,
W. H. Hawkins, John R. Baker, A. E. Emmons, Jes&e
McDole and Wm. P. Richardson, and such persons as are
or may hereafter be associated with them, and their suc-
cessors, are hereby constituted a body corporate by tixe

Nanie. name of "Clark Seminary," for the purpose of establish-

ing and maintaining a seminary of learning in or near
Aurora, Kane county, Illinois, for males and females, with
power to sue and be sued, to take and hold real estate
and other property by purchase, gift, grant, devise or
otherwise; to lease, convey and dispose of the same for
the effecting and furthering of the purposes aforesaid.

Goventoreiit. § 2. The estate, property, and financial concerns of

said corporation shall be managed and transacted by a
board of twelve trustees, to be elected by the stockhold-
ers hereinafter mentioned, but at least two-thirds of said
board of trustees shall at all times be members of the

Methodist church Methodist Episcopal Church, and on ceasing to be sucli
members shall cease to be such trustees and his and their
place ^lall be filled by appointment of such board until
the next annual election.

Boiir* of utffiteea § 3. The persous named in the first section of this act
shall constitute the first board of trustees, and shall be
divided by lot into three classes. The time of service of
the first class shall expire on the last Tuesday in June, A.
D., 1857, and that of the second class in one year, and
that of the third class in two years thereafter.

Board or visitors. § 4. There shall be a board of five visitors, to be ap-
pointed by the annual conference of the Methodist Epis-
copal Church, within the bounds of which said institution
shall be located, who shall jointly with the board of trustees
appoint the teachers and officers and arrange the course
of instruction in said institution, and determine the gen-
eral manner of conducting said school.

Time of hoMtng § 5. On the last Wednesday of June, 1857, and on the

Portion. same day of each year thereafter, there shall be an elec-

tion of four trustees, who shall hold their offices for three
years; all vacancies in the board of trustees then existing
shall also be filled at such election; such election shall be
by ballot, and by a majority of members or stockholders
present.

capHautoci<. § 6. Said corporation may have a capital stock of

$100,000, divided into shares of $50 each; and subscrip-
tions to the same shall become binding when $20,000 shall
be taken, and shall be payable in installments as the said

385 1855.

trustees may from time to time direct; and any subscriber
failing to pay any installment or installments required,
shall at the option of said trustees forfeit his claim to said
stock and all payments made thereon. Said trustees may
increase the capital stock to $200,000, if deemed by them
necessary to carry out the purposes of this corporation.

§ 7. Any person holding a certificate for one or more certifloate«.
shares of said capital stock shall be a member of this cor-
poration, 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
a pupil to said institution shall be allowed a deduction of p^jj^^ti^jp.
ten per cent, annually from the established prices of tui-
tion, to be deducted pro rata from the tuition of each
term. Said stockholders shall be also entitled to such Divitteuds.
dividends on their stock as the trustees may from time to
time declare thereon.

§ 8. The trustees shall choose their own officers and Trustees to choose
make their own by-laws and may fill any vacancy in their ^^'-^^*-
body, by appointment of qualified persons, until the next
election.

§.9. The trustees at eajh annual election shall make Make report.
and submit a report to the stockholders of the state of the
institution and its finances, with an inventory of its prop-
erty, and declare such dividends from the nett proceeds and
profits of its receipts or business as the state of the finan-
ces of said institution may warrant : Provided^ that no
such dividend shall ever be declared or made when its
payment would embarrass the finances or efficiency of the
institution.

§ 10. The property of said corporation, both real and Exempt *rw..
personal, shall for ever be and remain free from taxa- ^a^^^^'''"--
tion.

§ 11. This act is hereby declared to be a public act,
and shall be in force from and after its passage.

Approved Feb. 15, 1855.

AN ACT to revive an act to incorporate the Quincy Savings and Insurance in force Feb. 15.
Company, approved Feb. 12th, 1863. 1855.

Section 1. Be it enacted hy the people of the state of
Illinois, represented in the General Assembly, That an
act entitled "An act to incorporate the Quincy Savings
and Insurance Company," approved February 12th, 1853,
be and the same is hereby revived, and shall continue in
full force and effect until the first day of January, one
thousand eight hundred and eighty, any failures of the in-
39

1855 386

corporators mentioned in the first sejction of said act to or-
ganise said company according to the provisions of said act
to the contrary notwithstanding; and saia corporators are
hereby empowered to organise said company at any time
hereafter that they or a majority of them may think prop-
er : Frovided^ that in the organization of said company and
the opening of books for the subscription to the capital stock
thereto, which said books may be opened for the said sub-
scription of the said capital stock at any time hereafter, a
majority of the said incorporators determine. The said
incorporators shall in other respects, as far as practicable,
comply with the provisions of the charter of said company,
and are hereby reinvested with all the rights, powers and
privileges thereof, not inconsistent with this act, but such
as are inconsistent with this act are hereby repealed.

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

Approved Feb. 15, 1855.

Ux force

e Feb. 14 -^^ ACT to amend an act entitled ''An act to incorporate the Insurance and
S50. ' ' Trust Company of Illinois," approved March the first, 1839, and January
the thirty-tirst, 1840.

Section 1. Be it enacted by the peojjle uj the state oj
Illinois^ represented in the General tdssembly, That the
said Insurance and Trust Company of Illinois be and is
hereby authorised and empowered to assume and adopt
the system and principles of "mutual insurance" in manner
and form as conferred upon other incorporate insurance
companies in this state.

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

Approved Feb. 14th, 1855.

liafrorceFeb. 15, AN ACT to amend the act entitled "An act to establish the Union Insu-
'^^* ranee Company of Illinois," approved 15tli February, 1851.

Section 1. Be it enacted hy the people of the state of
Illinois f represented in the General Assembly, That the
i-,,<eftMon. insurance company incorporated by the act entitled "An

act to establish the Union Insurance Company of Illinois,"
approved on the fifteenth day of February, eighteen hun-
dred and fifty-one, shall be located and established at Jack-

387 1855.

sonville, Illinois, and all the provisions of said act are here-
by declared to be in full force and effect and applicable to
the said corporation as located and established at Jack-
sonville aforesaid.

§ 2. Any two»of the commissioners appointed by said commissioners.
act to superintend the subscriptions to the capital stock
and organize the corporation are hereby vested with pow-
er to execute and perform the duties of said commission-
ejfs; and the said act shall be and remain in force thirty
years from the passage of this act.

§ 3. Tills act siiali take effect on its passage.

Approved Feb. 15, 1855.

AN ACT to extend the charter of the Iilinoi=i Mutual Fire Insurdnce Coa,- Id force Feb. )3.
pany, approved Feb. 23d, 1839. 1855.

Section 1. Be it enacted hy the peoplf. of the state of
Illinois, represented in the General Jissemhly, That the
time limited in the first section of said act for the existence
of said company be and the same is hereby extended for
the terra of twenty years.

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

Approved Feb. 13, 1855.

AN ACT to incorporate ihe Mercantile Insurance Company. inforct Feb. 16,

1859. «

Sec. 1. Be it enacted, That Cyrus Beers, James Peck^ corporators.
Joseph Filkins, Holland M. Richmond, and their succes-
sors, assigns and associates, be and are hereby created a
body corporate and politic, under the name and style of
"The Mercantile Insurance company," situated at Chica- style.
go, and by that name shall have and enjoy all the rights,
privileges and immunities that other like corporations
have, and be recognized in all courts of justice and tquity
in this state.

§ 2. When the said party and their associates shall subscrtpiion.
have subscribed one hundred thousand dollars, and shall
have paid in as a company fund fifty thousand dollars, and
organised by choosing five directors, and those directors
shall have chosen one of their number president, and ap-
pointed a secretary and treasurer, it shall be deemed fully
organised, and enjoy the powers herein conferred.

1855.

388

§ 3. The said company shall have power to make in-
surances and take risks on all kinds of property, both ma-
rine and fire, on life and health, and all such risks as any
insurance companies have, and charge and receive such
pieraiums therefor as may be agreed by and between
the parties, either upon mutual or stock priciple, or both.

§ 4. The company shall have power to use, invest or
loan its surplus funds in or on stocks, bottomry and res-
pondentia, in or on bonds and mortgages, on personal se-
curity, at such rates as private persons may legally do, by
tlie laws of this state, and may increase its capital to three
hundred thou-and dollars.

§ 5. The said company may establish agencies, and do
all acts, not inconsistent with the constitution and laws of
this or the United States, necessary to and for the full
use and enjoyment and to carry out the full objects ot
this act.

§ 6. This act shall be deemed a public act, and be lib-
erally construed for the purposes therein contained, and
take effect from and after its passage.

Approved Feb. 15, 1855.

In force Feb. 14, AN ACT to incorporate the Belleville Mutual Fire Insurance Company.
1855. *

Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly, That Henry

oorporators. Goedekiug, Thomas A. Harrison, James VV. Hughes, J. L.
D. Morrison, Jacob Knoeble, Edward Abend, John Maus,
John Galbreath, Edward Tittman, John Scheei and Samuel
Stookey, together with such other persons as may be as-
sociated with them, sliall be and they are hereby created
a body politic and corporate, by the name, style and title

style. of " The Belleville Mutual Fire Insurance Company," for

Objects. the purpose of insuring their respective dwelling houses,

stores, shops and other buildings, household furniture,
merchandise and other property against loss by fire; and
they and their successors are hereby declared a body pol-
itic and corporate, in fact and in law, with all the legal in-
cidents to a corporation aggregate.

a»Ternmen(. § 2. The affairs of said company shall be managed

by a board of nine directors, to be elected at the annual
meeting of the members as hereinafter directed, and con-
tinue in office until their successors are chosen. The
said directors shall have power to perform such duties as
hereinafter provided or as may be directed in the by-laws
of the company made in conformity of this act. They

389 1855.

shall elpct'a president from their own body and appoint
a secretary and treasurer and such other officers as may
be necessary for the proper conduct of the company.

§ 3. On the first Saturday in April next and annually Annual election.
thereafter on said first Saturday the members of said com-
pany shall convene for the election of said directors and
the transaction of such other business as may be deemed
necessary, notice of which shall be given for at least twen- '
ty days in a public newspaper printed in St. Clair county;
and until their successors are chosen the persons named
in the first section of this act shall be the directors of said oirectorB.
company, with power to transact all business hereafter
enjoined on the directors of said company; and all elec-
tion of directors shall be by ballot from among tlie mem- Manner of con-

i_ 11 ■ 'I. c .lL 1. J? i.t 1 A ducting elections

bers and by a majority ot the votes of the members present,
to be conducted bv three judges chosen from among the
members not directors, who shall certify under their hands
the result of said election, to be filed with the papers and
entered upon the records of said company. General
meetings of the company may also be held whenever
called by the directors or whenever requested by ten
members, and the members may, at such general meet-
ings, make all by-laws, rules and regulations necessary
tor the well government of the affairs of said company that
may not be inconsistent with the constitution or laws of
this state.

§ 4. The directors shall have full power on behalf of Power to make
the said company to make insurance against loss by fire
on any house, tenement, manufactory or other buildings,
and on goods, wares, merchandise and effects therein, and
on hay, grain and other agricultural products in barns or
stacks or otherwise, and generally on all kinds of build-
ings and of goods, wares and merchandise, on land, of such
kind or description and within such limits as may be per-
mitted in the by-laws of said company; and to make, exe- General powers.
cute and perfect so many contracts, bargains, agreements,
policies and other instruments as shall or may be neces-
sary or as the nature of the case shall require; and every
such bargain, agreement, contract or policy to be made
by the said company shall be in writing or in print, and
shall be under the seal of said company, signed by tlie
president and attested and signed by the secretary and
also by the party insured : Provided, that it shall not be Proviso.
lawful for the said company to take any single risk that
shall exceed the sum of one and a half per cent, on the
total amount on the books of the company.

5 5. Any person applying for admission and holding Applicants for

i 'J I • i.u t. J • r il f U admlBBlon wlth-

property withm the boundaries of the company ot such in the boi.nda-
description asjmay be insured therein, may, agreeably to ^4^^/ '*'*^ '^""^
the by-laws for the admission of members, enter their

1866. 390

property to be insured, with the valuation thereof; on the
books of the company; and when any property so entered
shall be destroyed by fire such valuation, respecti\'ely,
shall be made the basis of a tax to remunerate the loss;
and all such persons as are now associated together under

Deemed members the Corporate name aforesaid and are deemed and taken as
members thereof and all such persons as shall at any time
hereafter insure in or with said company or be allowed to
do so shall be deemed and taken as members thereof du-
ring the period they shall remain insured by the said com-
pany and no longer.

KQteiiag for In- § 6. Any persou entering for insurance shall deposit
with the secretary of the company his, her or their promis-

I'romisBory note, sory note, payable in part or in whole at any time when
the directors shall deem the same requisite for the pay-
ment of losses by fire or for such incidental expenses as
may be necessary for the transacting of the business of the
company, for a sum equal to one and a half per centum
on the amount of the property insured, according to the
scale of rates established by the company, and shall in

roiicy. return receive a policy of insurance, signed by the presi-

dent and attested and signed by the secretary; and for
the purpose of raising a contingent fund for the payment
of loRS( s and other objects of the company it shall and
may be lawful for the said company to exact of its mem-
bers interest, at a rate not exceeding six per cent, per an-
num, on the amount of said deposit note or promissory
note as long as in their judgment the interest of the com-

interest paid to pauy require it. Such interest shall be paid to the trea-
surer upon the day oi each annual meeting, and every

Knteredtocrc'i.t payment of interest so made shall be entered to the credit
./ proper person ^^ ^j^^ proper person on the books of the company and be
applicable, as far as the same may go, to the liabilities of
the individual and the company and shall so remain; but
upon the withdrawal of a member or the canceling of a
policy from any cause the deposit note, with all unap-
propriated interest paid thereon or clear profits to which
the members may be entitled, shall be given up to the de-
positor, his executor or administrator; and in case any
assured named in any policy or contract of insurance made
by the said company shall sell, convey or assign the sub-
ject insured it shall and may be lawful for such persons

A! r.y assign policy assured to assigu and deliver to the purchaser such poli-
cy or contract of insurance, and such assignee shall have
all the benefit of such policy or contract of insurance, and
may bring and maintain a suit or in like- manner be pro-

Piovteo. ceeded against in his own name : Provided, that before any

loss happens he shall obtain the consent of president or
secretary to such assignment and have the same indorsed
on or annexed to such policy or contract of insurance.

391 185£>.

§ 7. This insurance shall be subject to adjustment
when either the company or owners may require it;
otherwise the policy will not require renewal.

§ 8. All and every member of this company who shall Persons subtam-
sustani any loss or damage by tire snail give immediate notice to presi-
notice thereof to the president and directors of the com- ''™'-
pany, at their office, to the end that they may inquire into
the same, who shall direct the proper appraisers to view
the premises and determine the loss actually sustained
and make report within ten days. In cases where the
person sustaining a loss by fire shall be dissatisfied with
the estimate of his loss made by the appraisers, on his re-
quest the same may be submitted to three disinterested Submilte(Uodl!^-

T- -', . , iUllu interested r^-

persons, chosen by the parties, "whose report snail be con- sods
elusive,

§ 9. Upon the reception of the report of the apprais- msufflciency of
ers or referees the directors shall proceed, in case there
shall not be a sufficient sum of money in the treasury to
pay the same, to levy such jn'o rata tax as shall, together
with the sum therein, be equal to the adjudged damages
and costs of collecting. They may publish the same in
such manner as they shall see fit. They may employ a collection.
collector, if necessary, to collect the same and pay it over
to the treasurer within thirty days; and the president shall
give the assured an order on the treasurer tor the amount
due to him, which must be paid within sixty days from
the occurrence of the fire; otherwise the company shall
be liable for interest.
. & iO. Every member of said company shall be bound Members to pay

■'"',,,•' , I J . . proportion olofi-

to pay lor the losses and necessary expenses occuring in posit note.
and to said company in proportion to his deposit note or
taxable property on the books thereof; and suits at law
may be maintained by said company against any of its
members for the collection of said deposit note or an as-
sessment thereon, or for any other cause relating to the
business of said company; also, suits at law may be prose- suits at law.
cuted and maintained by any member against said compa-
ny for losses or damages by fire, if payment is withheld
more than ninety days after said company is duly notified
of such losses; and no member of the company, not being
in his individual capacity a party to such suit, shall be in- incompetent wii-
competent as a witness in any such causes on account of '^'^^se*.
his being a member thereof; and the said corporation may
have avid use a common seal, and at their pleasure may alter
or change the same.

§ U, If any member shall neglect or refuse to pay the May excmde from
regular installment of interest on his, her or their deposit membership. &c
note the directors for the time being may debar or ex-
clude such member from any benefit or advantage from
his, her or their insurance, respectively, until the same is

1865. 392

paid; and if any member, for the space of thirty days after
the demand of the same by the collector, shall neglect or
refuse to pay the sum assessed upon him as his proportion
of any loss, as aforesaid, the directors may, in the corpo-
rate name of said company, sue for and recover the whole
amount of his deposit note, with costs of suit; and the
amount thus collected shall remain in the treasury until
the next annual meeting, when, if any balance remain, it
shall be returned to the party from whom collected, upon
demand, and the policy be canceled.
Term .f years^ ^ 12. The privileges hereby granted or intended to be
granted by this act shall continue in force for the period of
twenty years; but if at any time it shall appear to the le-
gislature that these privileges are injurious to the public
welfare the power to repeal this act shall not on any ac-
count be denied or impaired; but such repeal shall not af-
fect any engagement to which said company may have
been party previously thereto, and the said company shall
have a reasonable time to bring their accounts to final
settlement and termination.

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

Approved Feb. 14, 1855.

IB force Feb. 15, AN ACT to incorporate the Addison Farmers' Mutual Insurance Com-

l8oi

])any.

Section I. Be it enacted by the people of the state of
Illinois, represented in the General Jissemhly, That Hen-
corporators, ry Rotermond, John E. Kiersling, Henry Franzen, Fred-
erick Smidt, Dietrich Struckmann, and all other persons
who may hereafter become members of said company, be
and they are hereby incorporated and made a body poli-
tic for the term of twenty- five years from the passage of
K»me. this act, by the name of "The Addison Farmers' Mutual

Insurance Company," for the purpose of insuring their
ofcJeou. respective dwelling houses, stores, shops, barns, stables

and other buildings, household furniture, merchandise,
produce and live stock, against loss or damage by fire,
whether the same shall happen by accident, lightning or
any other means, except that of design in the assured or
by the invasion of an enemy or insurrection of the citizens
of this or any of the United States; and by that name
Q«.ierai powere. may sue dud be sued, plead and be impleaded, appear,
prosecute and defend in any court of record or other place

393 1856.

whatever; may have and use a common seal; may purchase
and hold such real and personal estate as may be neces-
sary to effect the object of their association, and may
take and hold real estate or securities, mortgaged or pledg-
ed for the payment of any debt due or becoming due to
said company, and also purchase on sales made by virtue
of any judgment or decree of any court in favor of such
company, and may take and receive real estate in pay- Real estate.
ment or in part satisfaction of any debt previously con-
tracted or due; but the value of such real estate shall not
at any one time exceed ten thousand dollars; and all such vaiue not toes-
real estate, other than that retained for the transaction of moBnt?'"^**'^ **
its business, shall be sold and converted into money as
soon as the same can be done advantageously : Provided^ Proviso.
this company shall be required to offer said real estate
once in every year at public auction to the highest bid-
der; and said company may make, establish and put into
execution such by-laws, ordinances and resolutions, not
being contrary to the laws of this state or of the United
States, as may seem necessary and convenient for their
regulation and government and for the management of
their affairs, and do and execute all such acts and things
as may be necessary to carry into full effect the purposes
intended by the charter.

§ 2. All and every person who shall at any time be- Deemed members
come interested in said company, by insuring therein, and
also their respective heirs, executors, administrators and
assigns, continuing to be insured therein as hereinafter
provided, shall be deemed and taken to be members there-
of, for and during the term specified in their respective
policies and no longer, anJ shall at all times be concluded
and bound by the provisions of this act.

§ 3. It shall be lawful for the company to insure any Limits.
property situate within the counties of Cook, Du Page,
Kendall and Kane, in the state of Illinois, but no other.

§ 4. There shall be a meeting of said company within First meeting.
six months from the passage of this act, in the village of
Addison, in the town of Addison, in the county of Du Page,
on such a day and at such an hour as may be appointed by
the individuals named in the first section of this charter ;
a notice of which appointment is to be published by said Notice.
individuals for two successive weeks in a daily paper hav-
ing a general circulation in the aforesaid counties, and
annually thereafter on such day and at such place, as the
said company may hereafter determine, at which said an-
nual meeting or meetings shall be chosen by a major vote
of the members present, a board of directors, consisting Board of directors
of not less than three nor more than nine members, who
shall continue in office until the next annual meeting and ^"™ <>* o®"-
until others shall have been chosen and have accepted the

1855.

394

Vacancies.

Speotal meetings

ftoyernment.

Presiflent.

.Secretary, treas-
urer and other
officers.

Compensation.
Bate of insurance

Policiei of insu-
rance.

JM[»nthly meet-
ings.

Keep record.

Bvldoncesof debt

Not deemed ob-
jects of Insu-
rance.

trust in their place. In all vacancies happening in said
board, whether by removing out of the limits of the com-
pany, dying or refusing or neglecting to act for the spaee
of three motiths successively, then and in every such case
another director shall be chosen in the place of each di-
rector so dying, removing, refusing or neglecting to act
as aforesaid, by the majority of the directors present at any
monthly meeting. Which director so chosen shall lemain
in office until the next general election of directors; and a
majority of the whole board shall constitute a quorum for
the transaction of business. Special meetings of the com-
pa)iy may be called by order of the directors whenever the
owners of one-twentieth part of the property insured in said
company shall apply in writing to the directors, setting
forth the purposes for which a meeting is desired.

§ 5. The board of directors shall superintend the con-
cerns of said company and shall have the management of
the funds and property thereof, and of all matters and
things not otherwise provir^ed for by said company. They
shall elect a president and shall have power from time to
time to appoint a secretary, (who may be one of the di-
rectors,) a treasurer and such other officers, agents and
assistants as to them may seem necessary, and prescribe
their duties, fix their compensation and take such secu-
rities from them as they may deem necessary. They may
determine the rates of insurance, the sum to be insured
on any building, not exceeding two-tiiirds of its value, nor
one- half of the value of personal estate, and the sum to
be deposited for the insurance thereof; they may order
and direct the making and issuing of all policies of insu-
rance, the providing of books, stationery and other things
needful for the office of said company, and for carrying on
the affairs thereof, and may draw upon the treasurer for
the payment of all losses which may have happened for
expenses incurred in trancacting the concerns of said com-
pany and for all other purposes authorised by this char-
ter. They may 1 old their meetings monthly, and oftener
if necessary, for transacting the business of the company,
and shall keep or cause to be kept a true record of their
proceedings, of all the votes of the corporation and of the
directors, and of all policies of insurance issued by the
company, and of all assignments of such policies assented
to by them, which record shall be open to the inspection
of any person interested therein.

§ 6. Books of account, written securities or evidences
of debt, title deeds, manuscripts or writings of any de-
scription, money or bullion shall not be deemed or taken
to be objects of insurance in said company. Curiosities,
jewels, tnedals, musical instruments, plate, paintings, -culp-
ture, statuary, watches, gold or silver ware of any kind,

395 1866.

shall not be deemetl to be included in any policy of insu-
rance, unless those articles or any of them form part of
the usual and regular stock in trade of the assured, or are
particularly specified in the policy. Buildings and any
other property of any kind, which may here&fter he ex-
cluded by said company at any annual meeting, shall nev-
er be deemed insurable by the directors of said company,
nor any pohcy issued thereon.

§ 7. Every person who shall become a member of said ^Zf^^telT^"
company by effecting insurance therein, shall, before he
receives his policy, deposit his promisory note for snch
sum or sums of money as shall be determined by the di-
rectors or company; a part of which note, not less than
five per cent, thereof, shall be immediately paid for the
purpose of discharging the incidental expenses of the in- incMentsi eape«-
stitution and creating a fund for the payment of future
lossess, and the remainder of said deposit note sliall be
payable in part or the whole at any time when the directors
shall deem the same requisite for the payment of losses
and other expenses or f r the purpose of creating a new Newfnnd.
fund, the old fund or funds having become exhausted or in-
sufficient by the payment of losses or expenses; and at the '
expiration of insurance the said note or such part thereof
as shall remain unpaid, after deducting all losses and expen-
ses accruing during said term, shall be relinquished and giv-
en up to the signer thereof; and every member of said com-
pany shall, at the expiration of his policy, have the right
to a sliare of the funds then remaining, after all expenses
and losses then incurred shall have been deducted, in pro-
portion to the- sums by him actually paid on account of
such policy.

§ 8. The funds of said comprny, created by the pay- LoanMnds.
ment of the premium on the deposit notes or otherwise,
may be loaned on security or invested in stocks as the
company or directors may order, except so far as the same
may be necessary for the payment of the current expenses
of the company.

§ 9. Every member of said company shall be and is Each me; a
hereby bound to pay his proportion of all losses and ex- of ainossesV"
penses happening or accruing in and to said company du-
ring the time that he is a member thereof; and all buildings
insured by and with said company, together with the
right, title and interest of the assured to the lands on
which tiiey stand or upon which they are situated, sli;ill be
pledged to saiJ company, and the said companv sliall have
a lien thereon for securing the payment of such sums as
may be assessed on the deposit notes for the purposes an- jjen on aii prop-
thoiised by this charter; and such lands or so much there- ^^^'
of as 11 ay be siifficient to pay such assessments on the
deposit notes, together with the costs of suit, may be soM

1856.

396

Lo63 or damages
by flre.

Directors to de-
termina lost or
damage.

•rlMC action*

interMt.

Provided further.

Notice of loss.

ICake assessment
•Q deposit notes.

on any execution issued out of a court of record under a
judgment recovered by said company on account of the
non-payment of such assessment, any law exempting
homestead from execution or any other law to the contra-
ry notwithstanding.

§ 10. In cases of any loss or damage by fire happening to
any member, upon property insured in and with said compa-
ny, the said member shall give notice thereof in writing to the
directors or some one of them or to the secretary, within
thirty days from the time such loss or damage may have
happened, and the directors, upon a view of the same, or
in such other way as they may deem proper, shall ascer-
tain and determine the amount of said loss or damage;
and if the party suffering is not satisfied with the deter-
mination of the directors, the question may be submitted to
referees, or the said party may bring an action against said
company in any court of that county in which the loss or
damage happened or in any competent court whatever;
and if upon trial of said action a greater sum shall be re-
covered than the amount determined upon by the direct-
ors, the party suffering shall have judgment therefor
against said company with interest thereon from the time
said loss or damage happened and costs of suit; but if no
raore shall be recovered than the amount aforesaid, the
said party shall become non-suit, and the said company
shall recover their costs : Provided^ however^ that the
judgment last mentioned shall in no wise affect the claim
of said suffering to the amount of loss or damage, as de-
termined by the directors as aforesaid : And proirided,
also, that execution shall not issue on &ny judgment
against said company until after the expiration of three
months from the rendition thereof.

§ 11. The directors shall, after receiving notice of any
loss or damage by fire sustained by any member and ascer-
taining the same or after the rendition of any judgment, as
aforesaid, against said company for such loss or damage,
pay the amount of such loss or damage out of the accumu-
lated funds of the company; but if such funds shall be found
insufficient to pay such loss or damage then they shall make
an assessment on the deposit notes for the purpose of pay-
ing said loss or damage and creating a new fund for the
payment of future losses after the old fund has become ex-
hausted or insufficient; and they shall publish the said as-
sessment in such manner as they shall see fit or as the by-
laws may have prescribed; and the sum fo be paid by each
member shall always be in proportion to the original amount
of his premium note or notes, and shall be paid to the trea-
surer within thirty days next after the publication of such
notice : Provided, that before the directors shall make any
assessment on the premium notes for the purpose of crea-

397 1855.

ting a new fund, as aforesaid, the president and a majority
of said directors shall make a statement, verified bj" their ^«*8 sutement.
oath, exhibiting the amount and nature of the losses sus-
tained, of cash means, available funds and premium notes
on hand, and the gross amount of the assessment proposed
to be It vied.

§ 12. If it shall ever so happen that the whole amount msiifflcieiicT oi
of the accumulated funds and of deposit notes should be
insulficient to pay the loss occasioned by any one fire, in
such case the sutlerers insured by said company shall re-
ceive towards making good their respective losses a pro-
portionate dividend of the whole amount of said accumu- proport:oMt« di-
lated funds and of deposit notes, according to the ums "*^'^*
by them respectively insured, and in addition thereto a sum,
to be assessed by the directors on all the members of said
company, not exceeding fifty cents on every hundred dol- per cent.
lars by them respectively insured; and the said directors
shall publish such assessment in such manner as they shall
see fit or as the by-laws may have prescribed; and no mem-
ber of said company shall ever be required to pay for any
loss occasioned by fire at any one time more than fifty cents
on each hundred dollars insured in said company in addi-
tion to the amount of his deposit note, nor more than the
said amount of fifty cents on each hundred dollars insured
for any one loss after his said note shall have been paid in
and expended; but any member, upon payment of the whole
of his deposit note and surrendering his policy before any
subsequent loss or expense has occurred, may be dischar-
ged said company.

§ 13. If any member shall, for the space of thirty days mtmai topaya-
after notice of an assessment has been given, as mentioned ^^'^^ **•*»*«<'•
in the two last foregoing sections, neglect or refuse to pay
the sum assessed upon him, the treasurer shall himself or
by his agent demand payment thereof from the insured or
his legal representative, if residing or being within the lim-
its of said corporation, or from any tenant in possession of
the insured premises, setting forth, in writing, the sum so
assessed by the directors; and after such demand by the
treasurer or his agent having been made the directors may
sue for and recover the whole amount of his promissory Maysue abj re-
note, with costs of suit, and levy any execution issued on *=°^"-
such action upon the estate subject to lien as afore-
said; and the money thus collected shall remain in the trea- Money to remaic
sury of said company, subject to the payment of such loss- -^'^'***°^'
es and expenses as have or may thereafter accrue; and the
balance, if any remain, shall be returned to the party from
whom it was collected, on demand, after thirty days from
the expiration of the term for which insurance was made ;
and from and after such neglect or refusal to pay any of the
assessments duly ordered by the directors of the compa-

1855. 398

ny, as aforesaid, notice by them having been given and de-
mand by the *rea<5iirer or his agent having been made, as

Esduaofi from afoi'csaid, the party so in default shall be debarred aud ex-
cluded from and lose all benefit and advantage of his insu-
rance for and during the terra of such default or nonpay-
ment, and notwithstanding siiall be liable and obliged to
pay all assessments that shall be made during the continu-
ance of Ids policy of insurance.

Torin of insn- § 14. Said company may make insurance for any term,
not exceeding ten years, and any policy of insurance is-
sued by said company, signed by the president ana coun-
tersigned by the secretary, shall be deemed valid and bind-
ing on said company in all cases where the assured has a
title in fee simple, unincumbered, to the building or build-
ings insured and to the land on which the same stand, or
has the absolute, unqualified ownership of the other prop-
erty insured; but if the assured have a less estate therein or
if the premises be encumbered the policy shall be void un-
less the true title of the insured and the encumbrances on
the premises be expressed therein.

u^^ai estate. § 15. In all cases where real estate on which any build-

ings insured by this company stand or any other property
insured by this company shall become encumbered by
mortgage or alienated by sale, by change in partnership

PMciee void, or otherwise, the policies issued thereon shall be void and
shall be surrendered to said company to be canceled, and

Not liabe for loss Said compauy shall not be liable for any loss or damages

oftVea."* '^^'^ ^ '^ which may happen to any property after such encumbrance
or alienation, as aforesaid, unless the policies issued there-

poiicies may be ou shall havc been duly assigned or confirmed by the con-
assigacd. g^^^ ^j- ^j^g directors to tlie actual owner or owners there-

of or the consent of the directors to the mortgaging or en-
cumbering said property shall have been obtained previous
to such loss or damage; and no policy issued by said com-
pany shall be deemed to have been duly assigned or con-
firmed unless the consent of tlie directors to such assign-
ment, confirmation, encumbrance or mortgage is certified
on sucii policy by the secretary ot said company. And in
case any policy issued by this company shall be avoided by
the encumbrance or alienation of the property insured
thereby or-of any real estate, as aforesaid, the insured shall,
upon the surrender of his policy, be entitled to receive his
deposit note or the amount thereof, if previously collect-
ed, upon the payment of his proportion of all losses and ex-
penses that have occurred prior to such surrender : Pro-

Pi -yisi*. videdy however, that the grantee or alienee of the property

insured, having the policy assigned to him, may have the
same ratified and confirmed to him for his own use and
benefit upon application to the directors, and with their
consent, within thirty days next after such alienation, on

399 1856.

giving proper security to the satisfaction of the said di-
rectors for such portion of the deposit note as sh.alJ not
have been expended in the payment of losses and expen-
se?; and by such ratification and confirmation the party
causing the same shall be entitled to all the rights and
privileges and be subject to all the liabilities to which the
original insured was entitled and subjected under this act.

§ 16. If any alteration should be made in any house or Aiteratiou of pro-
building by the proprietor thereof after the insurance has *'^'^'^'' '°'"'^«*''
been made thereon with said company, whereby it may be
exposed to greater risk or hazard from fire than it was at
the time it was insured, then and in every such case the t
insurance made upon such house or building sliall be void
unless an additional premium and deposit, after such alter-
ation, be settled with and paid to the directors; but no al-
teration or repairs in buildings not increasing such risk or
hazard shall in anywise affect the insurance previously-
made thereon.

§ 17. In case any building or buildings or any other Retain amount of
property insured by said company shall be destroyed by premium not*.
nre and the owner or owners thereof receive the amount of
such loss, in such case the directors may retain the amount
of the premium note given for the insurance thereof until the
time for which insurance was made shall have expired, un-
less the buildings or other property so destroyed be rebuilt
or replaced and a new policy of insurance be issued by this
company on the property so rebuilt or replaced and a new
deposit note be given and premium paid thereon; but from
and after the issuing of such new policy the amount of the
premium note so retained, as aforesaid, or so much thereof
as shall not have been expended towards the payment of
losses and expenses shall be returned.

§ 18. If insurance on any building or other property iDEuranee vou,
shall b3 and subsist in said company and in any other of-
fice or from and by any other persons at the same time the
insurance made in and by said company shall be deemed
and become void unleSvS such double insurance subsist by
and with the consent of the director's, signified in writing,
endorsed on the policy, signed by the president and secre-
tary.

§ 19. The directors shall settle and pay all losses with- p^y losses witiiJo
in three months after they shall have been notified, as afore- 'p^"'"^^- ^'">«'
said; and if the accumulated funds of the company shall
not be sufficient to pay such losses they shall be authori-
sed to borrow such sum or sums of money as may be suffi-
cient to pay the same. All the members sustaining loss or
damage by fire shall be allowed interest thereon from the
time due notice of said loss has been given until payment
is made.

itor.

1805. 400

Suits. § 20. In all suits by or against said company any mem-

ber of said company shall be a competent witness except
'n suits in which he or she shall be directly a party : Pro-
videdj that such person shall not be otherwise disqualified.

Reoorda deemed § 21. The rccords ot Said compauy or copies thereof,
evidence. j^jy authenticated by the signatures of the president and

secretary, shall be competent evidence in any suit be-
tween the corporation and a member or members thereof.
§ 22. Whenever sufficient goods or estate of this cor-
poration cannot be found to satisfy an execution issued
agaist them upon a judgment recovered on a policy by
them made and the saw corporation have goods or es-
tate to satisfy such execution, or if the directors shall,
tor three months after the rendition of such judgment, re-
fuse or neglect to make such an assessment as they may
be authorised to make therefor and to deliver the same to the
treasurer for collection or fail to apply such assessment,
when collected, towards satisfying such execution, then in

Directors liable, either of the cases aforesaid the directors shall be person-
ally liable for the whole amount of said execution.

Judgment crei- K 23. Whenever the directors shall be liable bv the
provisions of the previous section the judgment creditor
or claimant may recover the same in an action at law in
courts having jurisdiction; and any director who shall
voluntarily cr by compulsion pay such judgment or claim
shall have an action at law for a contribution against any
other director for his due proportion thereof.

ire«Bnrer liable. § 24. Whenever the treasurer of the company shall

neglect or refuse to collect any assessment in his hands

for that purpose and to apply the proceeds thereof to the

claim for which such assessment was made he shall, in his

private capacity, be liable to the complainant for the whole

amount of his claim.

Ocmpany not to § 25. The companv hereby created shall not be con-
be concerned in-^,. ii- i- r

any other busi- cemeQ in any other business except the insurance oi pro-
perty against loss or damage by fire, the loaning out and
securing the accumulated funds of the company and in-
vesting the same in stocks, but shall not exercise any
banking privileges whatever except so far as the same
may be absolutely necessary to enable said company to
loan out and secure their funds, invest the same in stocks
and convert the stocks in cash.

Members may § 26. Eacli member of the company shall be entitled
to and allowed an examination oi the books, papers and
general transactions of said company upon application
thereof to the secretary.

"w/ °' '^'^^'^' § ^'' '^^^ individuals named in the first section of this act
shall be and they hereby are constituted a board of directors
for said company, to serve as such until the first annual elec-
tion of directors therein provided for. They shall have

ness.

examine books.

tors.

401 1855.

power to make up their number to nine, if they think fit, Power t& increase
as allowed in the fourth section of this act, from among °"™"'"*
the members of said company; and ail vacancies vvhich vacancici.
may occur in said board by death, resignation, removal or
refusal to serve may be filled by the remaining members
of said board; and a majority of their number, a*^ any time,
shall constitute a quorum for the transaction of business.
They may call the first meeting of the company as provi-
ded by section four, and may make and establish by-laws
for the government of said company until the first, meet- By law*.
ing thereof, and may transact any business necessary and
proper to carry into effect the provisions and intentions of
this act: Provided, however, that all policies of insurance i'rovis».
issued by this company shall be binding and valid only from
the time when the amount of all the sums thereby insured
shall reach the sum ot twenty-five thousan'i dollars.

§ 28. It shall be the duty of the directors to make an Mak. .aim^ii r«-
annual report of the condition, progress and affairs of said '*"''*
compan}', which said report shall be published in a daily
paper having general circulation in the aforesaid counties
at least fourteen days before the day oa which the annual
meeting of the company is to take place.

§ 29. This act shall be deemed and taken to be a pub-
lic act, and shall take effect from and after its passa.e.

Approved Feb. 15, 1855.

AN ACT to incorporate the Garden City Insurance Company of Chicago, in lore- Feb. if

1R,')5.

Section 1. Be it enacted by the people of the State of
Illinois, represented in the General Jissembly, That H. G.
Dickey, Henry Smith, W. S. Gurnee, E. K. Rogers, S. corporators.
P. Skinner, H. A.Tucker, M. D. Gilman, P. B, Ring and Ja-
red Gage and all other persons who shall hereafter become
stockholders in the corporation hereby created shall be a
body politic and corporate, by the name of " The Garden Nania.
City Insurance Company," and by such name shall have
succession and continse in existence fifty years from the
date of their organization as hereinafter provided; and as
such may sue and be sued, plead and be impleaded, an- Genej!iii„,we«.
swer and be answered unto, defend and be defended; may
have and use a common seaj, which they may break and
alter at pleasure; and may jJurchase, hold or convey any
estate, real or personal, for the use of said company; and
may make by-laws, not inconsistent with any existing law,
for the regulation of its affairs; and in addition to these
40

1855.

402

.3»p "a! stock.

.Open l>o>-&6.

general powers shall have autiiority, by instrument, under
seal or otherwise, 1st. To make insurance on all de-
scriptions of property against loss or damage by fire. 2d.
To make insurance on all descriptions of boats and vessels,
the cargoej^ and freight thereof, and on bottomry and res-
pondentia interest, against the perils of marine or inland
navigation. 3d. To cause themselves to be reinsured
against any risk on which they may have insurance.

§ 2. The capital stock of said corporation shall be two
liundred thousand dollars, to be divided into shares of one
hundred dollars each, to be paid in such installments as
the board of directors of said corporation may from time
to time, at their dii^eretion, appoint and order, except as
hereinafter provided. The said capital stock may hereaf-
ter be increased to an amount not exceeding five hundred
thousand dollars, in the discretion of the board of direc-
torsj and the stock of said corporation shall be tranferable
on the books of said corporation and not otherwise.

§ 3. Books of subscription may be opened under the
discretion of the board of directors, as hereby constituted;
and when the amount of capital stock, as provided in the
foregoing section, shall have been subscribed the said
board of directors may declare the company organized
and proceed to call in such an installment ef the stock as
they may deem necessary, not less than twenty per cent,
in cash, and for the balance of such subscription may take
bonds and mortgages on unincumbered real estate, or judg-
ment notes of responsible parties, in their discretion.

§ 4. The persons named in the first section of this act
shall constitute the first board of directors, and shall hold
their office until the first Monday of January next suc-
ceeding the organization of the company and until their
successors are elected; and on the first Monday of Janu-
ary in each year, during the continuance of said corpora-
Wftoeof eiecuoiu tion, an election of the directors thereof shall be held in
the city of Chicago, at such time and place as the exist-
ing board of directors may prescribe. The stockholders
in said corporation, in person or by proxy, shall be entitled
to one vote for each share of stock held by them, respec-
tively, at the time of such election; and the persons, to the
number of nine, being stockholders, receiving the highest
number of votes at such election, shall be declared elect-
ed directors of said corporation for one year, and shall hold
their office until the next annual election and until their
successors are elected. A majority of the board shall
constitute a quorum for the transaction of business.
facancieg tilled. § 5. The board of directors shall have power to fill
any vacancy that may occur in their own body, a plurali-
ty of votes constituting a choice. They shall also choose,
in the same manner, previous to the annual election of di-

f 11 it brrard of di-
rectors.

403 1856.

rectors, three inspectors of such election, whose duty it
shall be to canvass the votes cast thereat and declare the
result- The said inspectors shall also be judges of the Qualification »i
qualification of voters. Notice of such elections shall be "^''"*"-
given by }tublicationin one or more daily newspapers pub-
lished in Chicago at least two weeks previous thereto,
over the signature of an officer, of the company.

§ 6. The directors, when chosen, shall meet as soon as presutent.
may be after every election and shall choose out of their
number a president and a vice president, who shall hold
their office until the election of directors. They shall
also have the power to appoint a secretary and all subor-
dinate officers of said corporation, to fix their compensa-
tion, define their powers and prescribe their duties.

§ 7. All policies of insurance made by said corpora- poucies of \mu-
tion shall be subscribed by the president or in case of his ^''^^^*^'
death or absencre by the vice president and countersigned
by the secretary of said corporation; and all losses arising
under any policy so subscribed may be adjusted and set-
tled by the president and secretary, under such regulations
and orders as the board of directors may from time to time
prescribe.

§ 8. Nothing in this act contained shall authorize said Nottorecsivprie-
corporatioa to receive deposits, loan money or to do any p«8it'oan».
other banking business.

§ 9. The office of said company shall be located and Location of offlc*.
kept in the city of Chicago, but the officers of the said
company may appoint such agents in other places as they
may deem necessary.

§ 10. The board of directors may from time to time. Estimate kor**.
in their discretion, estimate the profits that have accrued
on their business and declare such a dividend thereof to
the stockholders of said company as they may deem de-
sirable.

§ 11. This act is hereby declared a public act, and
shall take effect from and after its passage, and shall be
liberally construed for every purpose herein contained.

Approved Feb. 15, 1855.

AN ACT to incorporate the Waugousha Mutual insurance Company. in f»rce April i,
J 186&.

Section 1. Be it enacted hy the people of the state of
Illinois, represented in the General Jissembly, That from
tlie time this act shall take effect Joseph Tefft, Augustus corporatori!.
Adams, Henry Sherman, George P. Harvey, Morris C.

1855.

404

ieiieral powers.

Otijects.

'rirporate powers

yirst board of di-
rectors.

Town, Andrew J. Waldron, Milo Smith, Wm. C. Kim-
ball, John Hill, Benjamin F. Lawrence, Jerome B. Smith
and all other persons who may hereafter associate with
them in the manner hereafter prescribed, shall be a body
politic and corporate, by the name of " The Waugousha
Mutual Insurance Company."

§ 2. The corporation hereby created may become a
party to suits at law, may make by-laws, not inconsistent
with any existing laws, for the execution of its powers and
the regulation of its affairs; have and use a common seal
and alter the same at pleasure; and in addition to these
general powers shall have authority, by instrument, under
seal or otherwise, 1st. To make insurance on all de-
scriptions of property against loss or damage by fire.
2d. To make insurance upon all descriptions of boats and
vessels, the cargoes and freight thereof, and on bottomry
and respondentia interests, against the perils of marine or
inland navigation. 3d. To cause themselves to be re-
insured against any risk on which they have made insu-
rance.

§ 3. All the corporate powers of the said company
shall be exercised by a board of directors, consisting of
eleven persons, all of whom shall be citizens of this state,
and such officers, clerks and agents as the said board may
appoint. The directors shall hold their office two years and
until others are elected. They shall elect from their own
body a president and vice president, who shall each, re-
spectively, hold office during the aforesaid term of two years.
A majorit}^ of the members of the biard shall constitute a
. quorum for the transaction of business. The persons named
in the first section of this act shall constitute the first boardof
directors, and shall hold office for two years from the time
said company is organized.

§> 4. The board of directors shall have power to fill
any vacancy that may occur in their own body — a plurali-
ty of votes constituting a choice. They shall also choose,
in the same manner, previous to the biennial election of
directors, three inspectors of such election, whose duty it
shall be to canvass the votes cast thereat and declare the
result. The said inspectors shall also be judges of the
qualification of voters.

§ 5. Every person or firm taking a policy of insu-
rance from said company shall thereupon become a mem-
ber thereof, and shall, at all elections oi directors thereaf-
ter, be entitled to vote upon his or their dividend certifi-
cates issued as hereinafter provided in the ratio of one
vote for each twenty-five dollars of such certificates :
Provided, that if any such election shall be held in accord-
ance with the provisions of this act previous to the first
dividend of profits each member of said company shall be

405 1865.

entitled to vote thereat in the ratio of one vote for every
fifty dollars of premium previously paid to the company :
And ■provided^ that in no case shall any person or firm be
entitled \o more than fifty votes, except as provided in
section eight of this act.

§ 6. It shall be the duty of the corporators named in openv.wiis.
the first section of this act or any number of them, not
less than three, within three years after this act takes
effect, to open books to receive applications for insurance
to be effected by said company; and after the receipt of
such application to the amount of one hundred thousand
dollars the books may be closed and the company organ-
ized.

§ 7. All premiums upon policies issued hy said com- Premiume.
pany shall be paid in cash when the insurance is effected,
(except as provided in section eight of this act,) and no
premium so paid shall be thereafter withdrawn, except as
provided in section eleven, but shall remain liable for all
losses and expenses incurred by the company.

§ 8. For the better security of policy holders the said Poucy holders.
company may receive notes for premiums in advance, ap-
proved by the board of directors, from persons intending
to receive its policies; and on such portions of said notes
as shall exceed tlie amount of premiums that may have oc-
curred on policies held by the signers thereof at the suc-
cessive periods when the company shall make up its an-
nual statement, as hereinafter provided, a compensation
may be allowed the signers thereof in consideration of c°nipensationai-
such guaranty, at a rate to be determined by the board of
directors, but not to exceed seven per cent, per annum.
Such votes shall be entitled to representation at elections
of directors in the same ratio as dividend certificates, and
shall be liable for losses whenever the cash premiums
theretofore received are insufficient to pay the same :
Provided, that assessments so made on such notes shall Proviso.
be reimbursed from the funds of the company before any
dividend of profits shall be made : Jlnd provided, further, Provided nwther.
that said directors or a majority of them may at any time
return any note so taken as aforesaid to the signers thereof,
if they deem it for the interest of the company so to do,
and they may, on request, surrender any such note to the
maker thereof upon his giving security for the payment
of all assessments to which he would be liable for insu-
rance already taken : ^nd provided, the same shall not be
so done as to impair the capital of said company.

§ 9. It shall be lawful for said company to issue stock stocu poiicJeg.
policies (so called,) to persons not desirous of participa-
ting in the profits or losses of the company; and all gains
or losses on such policies shall be passed to the account
of profit and loss on the books of the company.

1855. 406

iuy invest funds § 10. It shall be lawful for the said company to invest
their funds in bonds and mortgages on unincumbered real
estate worth twice the amount of the sum loaned thereon
and in any stocks created by or under the laws of this
state or of the United States, and on bottomry and re-
spondentia or otherwise, at the direction of the board of
directors, and to change and reinvest the same.

'^fai'rT'" " "' § ^^' ^^ ^-^^ expiration of fifteen months from the time
of organizing said company and annually thereafter the
officers of the company shall cause a true statement of its
affairs to be made. They shall estimate the profits, if any,
that have accrued on policies issued during the current
year ending one month previous to the time of making up
said statement and issue certificates thereof to the holders
of such policies, in proportion to the amount of premium
paid by each. Such certificates shall bear an annual in-
terest of six per cent, and shall be redeemable whenever
the accumulated profits exceed one hundred thousand dol-
lars, so far and as fast as the same can be redeemed by
such excess, certificates for tlie first year's profits taking
priority, and so on thereafter, in regular succession. Ne-
i^ertheless, each such certificate shall contain a proviso
that the sum therein named is liable for future losses at
any time previous to its redemption, as provided in the
seventh section of this act.

Annual statfi- § 12, The auuual Statement shall be full and Complete,
copies of which shall be furnished to members on request.

saitsatiaw. § 13. Suits at law may be prosecuted and maintained

by any member against said corporation for losses and
damages insured against by them if payment is withheld
more than sixty days after the same shall have been duly
proven up; and any member of said company, not being in
his individual capacity a party therein, shall be deemed
a competent witness in any suit against the company. All
process against said company may be served upon the
president or secretary. The office of said company shall
be located in the city of Elgin.

§ 14. This act shall be deemed and taken as a public
act, and shall take effect on the first of April, A. D. 1855,
and continue in force fifty years.
Approved Feb. 14, 1855.

407 1855.

AN ACT fo incorporate the Macomb Mutual Insurance Company, at Ma- in force Tc-b. u,
comb, Illinois. i^^^»

Section 1 . Be it enacted by the people of the state of Illi-
nois, represented in the General t^ssembly, That J onaiihdtn
H. Baker, Charles Chandler, James D. Walker, John W. corporatoK..
Westfall, James B. Kyle, James M. Campbell, Jam; s Brown,
Joseph P. UpdegrafF, William T. Head, John L. N. Hall
and Thompson Chandler, of Macomb, Illinois, and their
associates, successors and assigns be and they are hereby
incorporated inio a body corporate and politic, by the name
and style of "The Macomb Mutual Insurance Company," styic. ^
to have continuance for and during the term of fifty years
from and after the passage of this act; and by said corpo-
rate name and style shall be, for the term aforesaid, able
and capable in law and equity to sue and be sued, plead General power,^,
and be impleaded, answer and be answered unto, defend
and be defended in all manner of suits, actions, pleas,
plaints, causes, matters and demands, of whatsoever kind
and nature they be, in as full and effectual a manner as any
person or persons, bodies corporate and politic may or can
do; and may have a common seal, and may alter or break
the same at pleasure; and may purchase, hold and convey
any estate, real or personal, for the use of said company :
Provided, that said corporation shall not at any time hold Provi*..
real estate exceeding in value eight thousa- d dollars ex-
cepting such as may be taken for debt or held ^. -' collater-
al security for money due said company or which iiisy be-
come due to said company.

§ 2. The capital stock of said company, exclusive of capnai st.ck.
premium notes and other undivided profits arising from
business, shall be fifty thousand dollars, and shall be divi-
ded into shares of fifty dollars each, one dollar in each
share of which shall be paid in money at the time of sub-
scribing for said stock as hereinafter provided; and the said
capital stock may be increased to five hundred tliou^and
dollars, should a majority of the stockholders deem it ad' i-
sable; and the additional stock may be subscribed, paid 'n
and secured as provided in this act for the original stock
subscription, payment and security of the first named ori-
ginal stock — the directors, however, in that case acting
as or in place of other commissioners : Provided, that the i roviBo.
directors shall then at once order a new election of direc-
tors by all the then stockholders. The stock shall be deem- Deemed personal
ed personal property, and assignable and transferable on ^^°^*'' ^'
the books of the corporation; but no stockholder indebted
to the corporation shall be permitted to make a transfer
until such debt be paid or secured to the satisfaction of the
directors.

§ 3. The persons named in the first section of this act commissJoneM.
are hereby appointed commissioners for procuring sub-
scriptions to said capital stock of fifty thousand dollars j

1855. 408

and said commissioners, or a majority of them, shall open

Open books. books for such stock on such days and at such places as
they may deem expedient, and shall give public notice of
such times and places for at least tliirty days in one or more
public newspapers in Macomb; and the said books shall be
kept open until the whole of the said fifty thousand dollars
in stock shall have been taken and the sum of one dollar
per share on each share of stock subscribed for shall have
been paid to said commissioners.

F.iBcti.m § 4. When the full amount of fifty thousand dollars cap-

ital stock, as provided in section second, shall have been
subscribed and the amount required to be paid on each
share shall have been received by the said commissioners
it shall be their duty to notify the stockholders of the com-
pletioii of said subscription and appoint a time and place
(such notice and appointment to be published at least ten
days prior to such meeting in a public newspaper of the
town of Macomb) at which they will meet the stockhold-
ers and receive their votes for seven directors, who shall
manage the business of said company ana shall hold their
office for one year or until their successors are elected and
who shall, at the time of their election, be citizens of said
state and holders, respectively, of not less than eight shares
of the capital slock of said company. The voting at all
elections of thj company sl;all be by ballot, and each shall
represent o-.e vote : Provided^ that absent members may
vote by pioxy, in writing.

Deliver boofeB 1.0 § 5. When the stockholders shall have elected the board

ihrectors. of directors, as provided in section four, the commission-

ers aforesaid shall deliver to the said directors the subscrip-
tion books, moneys collected on account of subscription and
all other papers and things in their hands necessary to a full
organization of said company and said board of directors;
and the said directors shall proceed to organize by the

I'KKi.utn. election of a president from among their number, a secre-

tary and any other officers or agents they may deem ne-
cessary for the objects and interests of the company, who
.'^iiall hold their office for one year or until their successors

!*y-iav.s. are elected. The board shall then proceed to adopt by-

laws for their government in the conduct of the business of
the company, which may be altered or amended by a ma-
jority of all the members of the board at pleasure. They
may also fix the salaries, duties, fines and forfeitures of any
and all officers or agents of the compar.y.

,Vivk« calls. § 6. When the board of directors shall be fully organi-

zed, as provided in section five, they shall call in, by a pub-
lic notice of at least twenty days, such an amount of the
capital stock as they may deem expedient, not exceedmg
five dollars on each share, in cash, which, together with
the amount paid to the commissioners, shall constitute the

409 1865.

first installment on the capital stock provided in section
two, and shall require the residue of said stock to be se-
cured by good and legal stock notes, secured to the satis-
faction of the directors, and payable, on demand, as here-
inafter provided, and shall issue therefor certificates of issue oeitine»te
stock, setting forth the amount paid in cash and the amount
and conditions of the stock notes for the residue: Provided,
that if at any time the drectors may consider any one or
more stock notes insecure they shall have power to re-
quire additional and sufficient security on the same, after
due notice, under such just penalties and forfeitures as they
may by by-law provide.

5 7. The said company shall have power to make marine ch»racteT »« «-
insurance upon vessels, hulls or steamboats, ilat and keel
boats, freight lists, goods, wares and merchandise, specie,
bullion, commissions, profits, bank notes and bills of ex-
change and other evidences of debt, bottomry and respon-
dentia interest, and to make all and every insurance con-
nected with marine or inland transportation or navigation
risks, and to make insurance on all descriptions of proper-
ty against loss or damage by fire, and to cause themselves
to be insured against any risk which they have under in- bi**.
surance, and to do and perform all necessary acts and
tilings connected with tliese objects or any of them on such
terms and conditions as may be agreed upon by the par-
ties, and to fix the premium and terms -of payment; and all Premitimg.
policies of insurance by them made shall be subscribed by
the president or m case of his absence, death, sickness or
inability by any two of the directors, and countersigned
and sealed by the secretary of said company; and any loss-
es duly arising under any policy so subscribed and sealed
may be adjuf-ted by the president and directors, and the
same shall be binding on said company.

5 8. If at any time the losses of the companv shall ex- i^a'e pro rata

^11 • r • o jitj in aseesenMn*.

ceed the nett earnings tor premiums, &c., the directors shall
make a pro rata assessment on the stock notes held by
them, as provided in section six, and require the payment
of said assessment from each and every stockholder at the
office of the company within thirty days after notice of such
assessment shall have been given in the public newspaper
in Macomb, under such penalties and forfeitures as the
board of directors may determine, for the amount of which
assessment, when paid in cash, as required herein, they shall
issue certificates, payable jpro rata, out of the sinking fund
that may arise under the provisiotis thereof in section nine.

^ 9. Whenever at the close of a fiscal year of the com- Declare divwen*.
pany's business the profits and earnings of the company
shall exceed the losses and expenses of the same, exclu-
sive of any and all premiums for policies or risks not then
expired and determined, it shall be the duty of the direct-

1855. 410

ors to declare a dividend to stockholders from such profits,
not exceeding ten per cent, on the capital stock of said
company, which dividend shall be credited on the stock
notes, as authorised in section six, as j ayment thereon; and
in case an additional am unt of profits shall remain after
the dividend hereby provided to stockholders it shall be

atokiag fund. lawful for the directors to constitute the same a sinking
fund for the payment of the outstanding certificates to
stockholders for assessments that may be created under
section eight for the payment of future losses or divide the
same among the customers of the company, in proportion
to the amount that each has paid on risks then expired du-
ring; the said fiscal year, or they may appropriate a part of
said last mentioned surplus to each of these objects.

Pft7 c««h «m <jiTi- R 10. When the stock notes held by the directors of
said company shall have been fully canceled by dividends
endorsed thereon, as provided in section nine, or by pay-
ment of cash in full it shall be the duty of the directors to
pay in cash to the stockholders all dividends declared
thereafter on the stock of the company and all excess of
profits over and above the stock dividends herein provi-
ded and the expenses of the company shall thereafter be
divided annually among the customers of the oflice, as pro-
vided in section nine : Provided, that it shall be lawful for
the directors to constitute a sinking fund therefrom, in their
discretion, as provided for in section nine.

Reinsured. §11. The dircctoj'S may cause the company to be re-

insured against any risk or risks which they may have made
or shall assume to make in the progress of their business.

iM,n surplus «p- ^ 3 2. It shall be lawful for the directors of said com-
pany to loan, on good and sufficient security, for a period
not exceeding three months, any surplus of profits or cap-
ital stock paid in remaining on hand and not needed for
the time being for the payment of losses or current expen-
ses of the office.

^fcu* In ora»nin" ^ ^^' Said Company shall uot directly or indirectly deal

good*. or trade in buying or selling any goods, wares or merchan-

dise whatever, except when it may be necessary in order to
secure any money or moneys that maybe due to said com-
pany.

§ 14. Nothing in this act contained shall be so constru-
ed as to authorise banking privileges or dealing in intoxi-
cating drinks.

§ 15. This act is hereby declared a public act, and
shall take effect and be in force from and after its passage,
and shall be liberally construed for every purpose herein
contained.

Approved Feb. 14, 1855.

411 1855.

AN ACT to incorporate the Decatur Marine and Fire Insurance Com-
pany.

Section 1. Be it enacted by the people of the slate of
Illinois, represented in the General - issemhly^ That there
shall be established in the town of Decatur an insurance Location.
company, to be called the "Decatur Marine and Fire Insu-
ranee Company."

§ 2- All such persons as shall hereafter be stockhold- Body poiuve an^
ers of said company shall be and they are hereby declared
to be a body corporate and politic, by the name and style
of the "Decatur Marine and Fire Insurance Company," styio.
and to continue thirty years from and after the passage of
this act, and by that name and style shall be competent to
contract and be contracted with, and be capable in law
and equity to sue and be sued, to plead and be impleaded,
answer and be answered unto, defend and be defended, in
all courts and places in all matters whatsoever.

§ 3. The said corporation may have and use a com- Genewi power..
mon seal, which they may alter, change or break at pleas-
sure, and may also make and establish and put into exe-
cution such by-laws, ordinances and regulations as shall
in their opinion be necessary for the good government of
said corporation, and the prudent and efficient manage-
ment of its affairs. No by-laws, ordinances and regula-
tions of the same shall be in anywise contrary to the con-
stitution and laws of the United States or of this state.

§ 4. The capital stock of said company shall be fifty capital skx*.
thousand dollars, to be divided into shares of fifty dollars
each, to be paid in such installments as the directors cho-
sen under this act may from time to time direct, under
such penalties as the president and directors may in their
discretion appoint and order. The capital stock may here- capuai stock n^u

^ . *■ '■ t ' Tii_ be increased.

after be mcreased to an amount not exceeding two hun-
dred thousand dollars, in the discretion of a majority of
the directors of said incorporation, to be subscribed for
and taken under the direction and superintendence of the
president and directors aforesaid or by any person or per-
sons duly appointed by a majority of said directors, in the
same manner as is provided for the subscription to the
original capital stock. The stock of said incorporation stock aesignftMo.
shall be assignable and transferable according to such
rules as shall be adopted in that behalf by the by-laws and
ordinances thereof.

6 5. The corporation hereby created shall have power po^^' ^ ^^«

ii . ' J 1^ , marine iniiti-

and authority to make marme insurance upon vessels, ranee.
goods and merchandise, freights, moneys, bottomary, re-
spondentia interest, and on all marine risks and inland
navigation and transportation, and against all losses by
fire of any building or houses vv^atsoever, and vessels on
the stocksj and also to receive money on deposit and to on^dlposjt.

1855.

412

President to sub-
scribe policy.

When

risks.

Hold real estate.

Receive real •«-
late in payment
f»r riebt.

Proviso.

loan the same on botromry and respondentia or other-
wise, at such rates of interest as may now or hereafter be
done by the existing laws of this state; and tliey may also
cause themselves to be reinsured a<:^ainst any maritime
risks upon which they may have made insurance, and up-
on the interest which they may have in any vessels, goods
or merchandise or houses, in virtue of any such insurance
whether on bottomry, respondentia or otherwise, on such
terms or conditions as may be agreed upon by the parties,
and to fix the premiums ar.d times of payment.

§ 6. All policies of insurance by them made shall be
subscribed by the president, or in case of his death or ab-
sence, by the vice-president, and countersigned by the
secretary of said company ; and all losses arising under
any policies so subscribed and countersigned may be ad-
justed and settled by the president and board of direct-
ors.

§ 7. The said corporation shall not take any risk nor
subscribe any policy by virtue of this act until one-fourth
part of the capital stock thereof shall have been actually
paid in; the said company shall not directly nor indirectly
deal or trade in baying or selling any goods, wares or
merchandise whatsoever; but the president and directors
may, at their option, vest the capital stock of said corpo-
ration in the stock of any incorporated bank, trust com-
pany or public funds of the United States or any state in
the Union; they shall have power also to loan to any citi-
zen of this state any portion of the capital stqck, not ex-
ceeding ten thousand dollars to one individual, on bottom-
ry, bond, mortgage of real estate, or other satisfactory
securit}', at their discretion, at such rate of interest or
discount (according to bank usage of discount) as any
individual is now or may hereafter be authorised to loan
by contract.

§ 8. The said corporation may purchase and hold such
real estate as may be deemed necessary for the transac-
tion of its business, and an amount at any time not ex-
ceeding ten thousand dollars, and to take and hold any
real estate or securities, mortgaged or pledged, of the
said corporation, to secure the payment of any debt due
or to become due to it; and a'so to purchase on sales made
by virtue of any judgment at law or any decree of a
court of equity or otherwise; to take and receive any real
estate in payment or toward satisfaction of any debt pre-
viously contracted or due to the corporation, and to hold
the same until they can conveniently and advantageously
sell and convert the same to money or other personal prop-
erty, and to sell and convey said real estate or any part
thereof: Provided, the said corporation shall be compelled

413 ^ 1855.

to offer in good faith the said real estate, once in every
five years, at pubh'c auction to the highest bidder.

§ 9. S. K. Thompson, W. S. Crissey, J. R. Goren, P. commissioners.
D. Klein, Asa Eastman, Franklin Priest and W. T. Stam-
per are hereby appointed commissioners for superintend-
ing subscriptions to said capital stock; and the said com-
missioners, or a majority of them, shall open one or more open t<K.ti».
subscription bi)oks on the first Monday in April, in the
year of our Lord one thousand eight hundred and fifty-
five, in the town of Decatur, and such other places as
they may think proper, or at any other time and place, by
giving twenty days' notice of the time and place in the
newspapers published in the town of Decatur; and the
sum of two dollars on each share subscribed for shall be
paid to said commissioners at the time of making such
subscriptions. The books may be closed whenever the
whole of said stock shall be subscribed. And whenever
a board of directors shall be duly elected, the said com- Deliver moo.ys
missioners shall deliver over to said board the whole todirectors.
amount of money by tliem respectively or jointly receiv-
ed, except so much as shall be retained for the expenses
incurred by them in executing the duties imposed on them
by this act.

§ 10. In case of the death, resignation or absence of Quorum.
any of the commissioners named in this act of incorpora-
tion, it shall and may be lawful for any three of them to
form a quorum and proceed to business, whose duties
shall be the same in the premises as those prescribed to
the whole of said commissioners by this act of incorpora-
tion named, and their acts as such shall be legal.

§ 11. The stock, property and concerns of said incor- Management to
poration shall be managed and conducted by seven direct- rectors!'^ '° *^'
ors, who shall be chosen bj the stockholders of said com-
pany, under the superintendence of the commissioners, or
a majority of them, and who shall hold their offices for Term of ocice.
one year, unless others shall be chosen before the expira-
tion of that time; and who shall at the time of their elec-
tion be citizens of this state, and holders respectively of
not less than ten shares of the capital stock of said com-
pany.

§ 12. The directors for every subsequent year shall be Time o* e)e«tte».
elected on the first Monday of May in each year, at such
time of the day and at such place, within the tov/n of De-
catur, and under the direction of such persons as a major-
ity of the directors for the time being shall appoint, by a
resolution to be entered on their minutes.

§ 1 '-. All elections shall be by ballot, allowing one vote Bie<:ti(ii'^.
to each share of capital stock; and the seven persons who
shall have the greates-t number of votes shall be directors;
and if at any election, two or more persons shall have an

1856. 414

equal number of votes, so as to leave their election unde-
cided, the directors who have been duly elected shall pro-
ceed by ballot, and by a plurality determine which of said
persons so having an equal number of votes, shall be di-
rector or directors, so as to complete the whole number;

vftcaucies, how and whenever any vacancy shall happen for the office of
^^^'^' president, vice-president or directors, from death or other

cause, such vacancy shall be filled for the remainder of
the year in which it shall happen, by the directors for the
time being, or a majority of them. The said commission-
ers, as provided for by this act, to superintend elections,
shall certify under their hands and seals the persons elect-
ed, and deliver such certificates to the persons so elected,
or to some one of them ; and if through any unavoidable
accident said directors shall not be chosen on the first
Monday as aforesaid, it shall be lawful to choose them on
any other day in the manner herein provided.

caaoto preiident § 14. The directors when chosen shall meet as soon
as may be after every election, and shall choose out of

^ their number a president, who shall be sworn or affirmed

faithfully to discharge the duties of the office, and shall
preside for one year, and until another person is chosen in

rioepresidont. his stcad, and also a vice-president for the same time.
They shall have power to appoint a secretary and all sub-
ordinate officers of said corporation, fix their compensa-
tion, define their powers and prescribe their duties; who

mv-homu. shall give such bonds, and in such penal sums, with such
conditions, and with such securities as the directors shall
prescribe, and liold their several offices during the plea-
sure of a majority of said directors.

naiisactionofbu- § 15. The president or vice-president and four of the

«inM». directors shall be competent to the transact on of busi-

ness, and all questions shall be decided by a majority of
votes.

Publish amount § 16. The president and directors of said company
9/ oapiui stock. g[ja|i^ previous to subscribing any policy, and once in each
year, publish in two of the newspapers printed in this
state, the amount of their capital stock.

§ 17. It shall be the duty of the directors ot said com-
pany, at such time as the by-laws thereof shall prescribe,
to make dividends of so much of their interest and profits
arising from the capital stock of said company as to them
shall appear advisable; and in case of any loss or losses,
whereby the capital stock of said company shall be les-
sened before all installments are paid in, each proprietor's

mmrt aocountabie or Stockholder's estate shall be held accountable for the
installments that remain unpaid on his or her share or
shares at the time of such loss or losses taking place ;
and no subsequent dividends shall be made until the sum
arising from the profits of the business or additional in-

U»ka divldende.

4i5 1855.

rcallments on the capiial stock shall be paid said company

equal to such diminution; and once in every three years,

and oftener if required by a majority of the votes of the

stockholders, the directors shall lay before the stockliold-

ers, at a general meeting, an exact and particular state- statement of

ment of the profits, if any there be after deducting losses

and dividends.

5 8. This is hereby declared a public act, and shall
take eiFect from and after its passage, and shall be libe-
rally construed for every purpose therein contained.

§ 19. 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.

§ 20. That in case of any loss or losses taking place
which shall be equal to the amount of the capital stock of
said company, and the president and directors, after know-
ing of such loss or losses having taken place, shall sub-
scribe to any policy of insurance, their estates, jointly and
severally, shall be accountable for any and every loss
which shall take place under policies so subscribed, and
the estates of stockholders as aforesaid shall be liable for
any loss equal to the amount of said capital stock sub-
scribed and not actually paid in, in all cases of losses ex-
ceeding the means of said company, whether they consist
of stock paid in or profit noi divided.

§ 21. This charter shall be void and of no effect unless
the stock be subscribed and the company shall com-
mence operations agreeably to the provisions thereof
within two years after the passage of this act.

Approved Feb. 15, 1855.

AN ACT to incorporate the Chicaaro City Insurance Company. iniorceFeb. H,

-^ 1866.

Sec. 1. JSe it enacted by the General Assembly of
the state of Illinois, That Thomas Richmond, Isaac Cook,
E. H. Haddock, George Armour, Michael Diversey and corporators.
George Steel, of Chicago, Illinois, and their associates,
successors and assignees, be and are hereby incorporated
into a body corporate and politic, by the name and style of
the "Chicago City Insurance Company, of Chicago, lili- style.
nois," to have continuance and succession for the term of
forty years from and after the passage of this act; and by
said corporate name and style shall be, for the term afore-
said, capable in law and equity to sue and be sued, to Gener*i power*.
plead and be impleaded, and to do all other matters and
things necessary in law to protect and defend their corpo-

1855.

416

OapJtal stock.

Osmmiiisloncis.

Open books.

JSnbsuription.

rate rights; and may have a common seal, which they may
change at pleasure.

§ 2. Tlie capital stock of said company shall be one
hundred and fifty thousand dollars, divided into shares of
one hundred dollars each. The stock shall be deemed
personal property, and transferable on the books of the
company; but no stockholder shall be permitted to trans-
fer his stock while he is indebted to the corporation.

§ 3. The persons named in the first section of this act
are hereby appointed commissioners for procuring the
said capital stock of one hundred and fifty thousand dol-
lars; and said commissioners, or any three of them, shall
open subscription books for such stock on such days and
at such times and places as they may deem expedient^
and shall give at least three days' notice of the same in
one or more daily papers printed in the city of Chicago ;
and said books sliall be kept open from time to time until
the whole amount of said capital stock is subscribed.

§ 4. When the full amount of one hundred and fifty
thousand dollars shall have been subscribed, and one dol-
lar on each share of stock paid on subscription to said
commissioners, they shall then notify the stockholders of
the same and appoint a time and place at which they shall
meet, giving five days' notice of said meeting in one or
more of the daily papers of the city of Chicago, and re-
ceive their votes for the election of not less than five nor
more than thirteen directors, who shall manage the busi-
ness of the company, and shall hold their office for one year
and until others are elected in their places, and who shall
at the time of their election be citizens of the United
States, and holders respectively of notless than ten shares
of stock. The voting of all elections of the company
shall be by ballot; absent stockholders may vote by proxy
in writing.

§ 5. When the stockholders shall have elected the
board of directors, the commissioners shall deliver to
said directors the subscription books, moneys collected
on account of the same, and all other papers and things
in their hands necessary to a full organization of said
company, and the said directors shall proceed to or-
Biect jroBWent. gauize by the election of a president from among their
number, a secretary and e.ny other officers or agents they
may deem necessary for the successful working of said
company, who shall hold their offices during the pleasure
of the board of directors. The board shall adopt such
by-laws for the general conduct of the business of tlie
company as may from time to time deem advisable; they
shall also fix the salaries and define the duties of all em-
ployees of the company.

Term of offlcs.

Dellrer bovhs t*
directors.

417 1855.

§ 6. When the board of directors shall be organised, m.; mc-.
as provided in section five, they shall call irj, by personal
or public notice of at least ten days, such an amount of
the capital stock as they may deem expedient, but not
less than nine dollars on each share, which, together with
the amount paid to the commissioners, shall constitute the
first installment on the capital stock, and shall require
the residue of said stock note to be secured by good and
legal stock notes, secured to the satisfaction of the di-
rectors, and payable on demand, and shall issue therefor
certificate^' of stock, settii^g forth the amount paid in
cash and the amount and conditions of the stock iiuies for
the residue : Provided, that if at any time the directors proviiK,.
shall consider any of the stock notes insecure tiiey shall
have power to require additional security on the same,
after due notice, under such penalties and forfeitures as
they may provide in their by-laws.

0 7. This corporation shall have power to ispue poli- Policies of taw-
cies or insurance agauist loss or damage by hre on houses,
stores and all other buildings^ on personal property of
all description, and to make mari;.e insurance upon steam-
boats and other vessels; on tiieir tackle, freight, cargoes;
all kinds of personal property in the course of transporta-
tion; and to do and perform all neceesary acts and things
connected with these objects, or any of them. All poli-
cies o!" insurance sliall be subscribed by the president or
vice-president and countersigned by the secretary.

§ 8. The board of directors shall make such dividend Divw*L.u».
annually or semi-annually, as in their judgment the affairs
of the company will permit; all such dividend shall be
endorsed upon the unpaid stock notes until they are paid
in full.

§ 9. It shall be lawful for the said corporation to in- invest tM«ta.
vest its funds in United States stock, stock of this state,
rnoitgages on unencumbered real estate, worth fifty per
3ent. more than the amount loaned thereon, and on such
)ther safe securities as the board of directors may deter-
noiinc .

§ 10. The fiscal year of this company shall commence pur*. ye»T.
>n the first day of January and terminate on the thirty-
irst day of December. The officers of said company
ihall, during the montii of January in each year, cause a
uU and accurate statement of the affairs of said company
o be made, and publish the same for at least one week in
ne or more of the daily papers published in the city ot
Chicago.

§ 11. The principal office of said company shall be Loc*ti«cofoffi««.
acated in the city of Chicago, but it may have agents
nd transact business within and out of the state.
41

18B5.

418

Blect direntori .

fea firce Fe
1865.

Octrporaton.

Btrte.

OttfMto.

eor«min«nt.

0«Q meatins-

§ 12. It shall be lawful for said company to purchase
and hold such real estate as may be convenient fi)r the
transaction of its business, and a!so to have and to liold
any real ef^tate as a security, by mortgage or otherwise, to
secure the payment of debts due in good faith to said
company, either for shares of capital stock or otherwise ;
also to purchase real es*ate at my sale in virtue of any
judgment at law or decree in equity, made in favor of
said company.

§ 13. The stockholders of said company shall meet
annually on the second Monday of January in each year,
and elect directors for the then currejit year, at the oliice
of said company in th.e ciry of Ciiicago. i

§ 14. This act shall take eiiect frona.and after its pas-
sage.

Approved Feb. 14, 1855.

AN ACT f > iiicorpoiate the Gruenville Mu'.ual Fire Insurance Company.

Section 1. Be it enacted by the people of the stale of
Illinois^ representedin the General Ass tmhly^ That Wil-
liam S. Smithj Thomas W. Smith, Charles Hoiles, Stephen
Morse, Francis G. Morse, Samuel Wiiite an.! Teviss
Greathouse, together with such other persons as may be
associated with them, shall be and they are hereby crea-
ted a body politic and corporate, by the name, style and
title of " The Greenville Mutual Fire Insurance Compa-
ny," for the purpose if insuring their respective dwellings,
houses, stores, shops and other buildings, household furni-
ture, merchandise and other property against loss by fire;
and they and their successors are hereby declared a body
corporate and politic, in fact and in law, with all the legal
incidents to a corporation aggregate.

§ 2. The afl'airs of the company shall b3 managed by
a board of seven directors, to bo elected at vhe annual
meeting of the members as hereinafter directed, to con-
tinue in office until their successors are chosen. The said
directors shall have power to perform such duties as are
hereinafter provided or as may be directed by the by-Iaw^i
of the company made in conformity to this act. Theyj
shall elect a president from their own body and appoint a»
secretary and treasurer and such other officers as may be
necessary for the proper conduct of the f^ompany.

§ 3. On any day to be fixed by said parties named in
the first section of this act said parties may call a meetingk'
of said company and the members thereof, and annually ari

419 1856.

the same day of the month thereafter said members of said
company shai! convene for the purpose of eleciing direc-
tors and for the transaction of such other business as by
said company shall be deemed necessary, notice of which
meeting shall be given for at least twenty days previous.
in a public newspaper printed in Bond county; and until
their successors are cfiosen the persons named in the first
section of this act shall be the directors of said company, Directors,
with power to transact all business hereafter enjoizicd on
the directors of said company; and all elections for direc- Eitction.
tors shall be by" ballot from among the members and by a
majority of the votes of the members presefit, t") be con-
ducted by three judges chosen from among the members
not directors, who shall certify, under their hands, ttie re-
sult of said election, to be filed with the papers and en-
tered upon the records of said company. General meet- nrnd mseung.
ings of the company may also be held whenever called by
the directors or whenever requested by ten members, and
the members may at such general meetings make all by-
laws, rules and regulations necessary for the well govern-
ment of the affairs of said companj' that may nc t be incon-
sistent with the constitution and laws of this state.

§ 4. The directors shall have full power, on behalf of insurance.
said company, to make insurance against loss by fire on
any liouse, tenement, manufactory or other building and on
^ood'i, wares, merchandise and effects therein, and on bay.
Train and other agricultural products in barns or stacks or
jlbei wise, and generally on all kinds of buildings, and of
yoods, wares and merchandise, on land of such kind or de-
jcription and within such limits as may be permitted in
he by-laws of said company; and to make, execute and Mase contwct?
jerfect so man} contracts, bargains, agreements and poli- •"^"*''»*'"-
lies and other instruments as shall or may be necessary or
iS the nature of the case shall require; and every such
largain, agreement, contract or policy to be made by the
!aid company shall be in writing or in print, and shall be
inder the seal of the said company, signed by the president
ind attested and signed by the secretary and also by the
jarty insured : Providad, that it shall not be lawful for proviso.
he Siiid company to take any one single risk that shall ex-
eed five per cent, on the total amount: on the books of
aid company.

§ 6. Any person applying for admission and holding Membei-swp.

)roperty within the boundaries of the company of such

"^liescription as may be insured therein may, agreeably to

'' he by-fews for the admission of members, ei ter their pro-

l" )erty to be insured, with the valuation thereof, on the

)Ooks of the company; and when any property so entered

c" hall be destroyed by fire such valuation shall be rnade the

lasis of a tax to remunerate the lossj end ail such persons

1866.

420

»nl«iiDg for to-
aurauoe .

WittiJr»w«l.

as are now associated together under the corporate name
aforesaid and are deemed and taken as members thereof
and ail such persons as shall at any time hereafter insure
in or with said company or be allowed so to do shall be
deemed ai)d taken as members thereof during the period
they shall remain insured by the said company and no
longer.

§ 6. Any person entering for insurance shall deposit
with the secretary of the company iiis, her or their prom-
issory note, payable in part or in whole at any time when
the directors shall deem the same requisite for the pay-
ment of losses by fire or for such incidental expenses as
may be necessary for transacting the busines- of the com-
pany for a sum equal to one and one-half per centum on
the amount of the property insured according to the scale
of rates established by tlie company, and siiall receive in
return a policy of insurance, signed by the president and
attested and signed by the secretary; and for the purpose
of raising a contingent fund for the payment of losses and
other objects of the company it shall and may be lawful
for the said company to exact from its members interest,
at a rate not exceeding six per cent, per annum on the
amount of said promissory note or deposit note, as long
as in their judgment the company may require it. Such
interest shall be paid to the treasurer upon the day of
each annual meeting; and every payment of interest so
made sliall be entered to the credit of tije proper person
on the books of the company and be applicable, as far as
the same may go, to the liabilities of the individual and of
the company and shall so remain. But upon the with-
drawal of any member or the canceling of a policy from
any cause the deposit note, with all unappropriated inter-
est thereon or clear profits to which tiie members may be
entitled, shall be given up to the depositor, !iis executor
or administrator; and in case any assured named in any
policy or contract of insurance made by the said compa-
ny shall sell, convey or assign the subject insured it shall
and may be lawful for such persons assured to convey
and deliver to t!ie purchaser such policy or contract of
insurance; and such assignee shall have all the benefit of
such policy or contract of insurance, and may bring and
maintain a suit or in like manner be proceeded against i;i
his own name : Provided, that before any loss happens he
shall obtain the consent of the president or secretary to
such assignment and have the same endorsed on or an-
nexed to such policy or contract of insurance.

§ 7. This insurance shall be subject to adjustment
when either the company or owners may require it; other-
wise the policy will not require renewal.

421 1856.

§ 8. All and every member of this company who shall Notice ofioM.
sustain any loss or damage by fire shail give immediate
notice thereof to the president and directors of said com-
pany at their office, to the end that they may inquire into
the same, who shall direct the proper 'ippraisers to view the
premises and determine the actual loss sustained and make
report within ten days. In cases where the person sus-
taining a loss by fire shall \)m dissa.tified \yith the estimate
of his loss made by t!;e appraisers, on Ids request the same
may be submitted to three disinterested persons chosen by
the parties, whose report sliall be conclusive.

§ 9. Upon the reception of the rujjort of the apprais- i^eport.
ers or referees the directors shall proceed, in case there
shall not be money enough in the trtasury to pay the same,
to levy such pro rata tax as shall, together with the sum
in tlie treasury, be equal to the adjudged damages and
costs of collecting. They may publish tiie same in such
manner as they shall see fit. They may employ a collec-
tor, if necessary, to collect the same and pay it over to
the treasurer within thirty days; and the president shall
give the assured an order on tiie treasurer for the amount
due to him, which must be paid to him within sixty days
from the occurrence of the fire, otherwise the cimpany
hall be liable for interest.

§ 10. Every member of said company shall be bound A^jnaraent •<
o pay for the losses and necessary expenses accruing in
md to said company in proportion to his note or depo-
it or taxable property on the books thereof, and suits at
aw may be maintained by said company against any of its
nembers for the collection of said deposit note or an as-
essment thereon or for any other cause relating to the
lusiness of said company. Also, suits at law may be pro-
ecuted and maintained by any member against said com-
)any for losses or damages by fire, if payment is withheld
nore than ninety days after said company is duly notified^
)f suc'i losses; and no member of the company, not being
n ills individual capacity a part}^ to such suit, shall be in-
•ompetent as a witness in any such causes on account of
lis being a member thereof; and the said corporation may
lave and use a common seal and at their pleasure alter or
jhange the same.

5 11. If any member shall neglect or refuse to pay the R«fusftitop»yii
egular installment or interest on his, her or their depo-
lit note the direc'.ors for the time being may debar or ex-
dude such member from any benefit or advantage from
lis, her or their insurance, respectively, until the same is
)aid. And if any member for the space of thirty days after
he demand of the same by the collector shall neglect or
e'^'use to pay the sum assessed upon him as his proportion
>f any loss as aforesaid the directors may, in the corpo-

1866. 422

rate name of said company, sue for and recover the wliole
amount of his deposit note, with costs of suit; and the
amount thus collected sliall remain in the treasury of said
company till tlse next p.r.nual meeting when, if any balance
remain, it shall be relumed to the party from whom col-
lecteji upon dem.nsd being made and the policy bo can-
celed.
TomofinsuTftnce ^ 12. The privileges hereby granted or intended to be
granted by this act shall continue in force for the space of
thirty years; but if it s'ip.ll appear at any time to the le-
gislature that tliese privileges are injurious to the vjublic
welfare th.e power to repeal this act shall not on any ac-
count be denied or impaired; but such repeal shaii not on
any account affect any engagements to which said oomijany
may have been party previously thereto; and lae said
company shall have a reasonable time to bring their ac-
counts to a final settlement and termination.

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

Approved Feb. 16, 1856.

AN ACT to incorporate the Chicogo Fireman's Insurance Comjjaii}.

Section 1. Be it enacted by the people oj the state of'
Illinuis, represented in tlie Gei^eral t/isstnihly,T\\'?i\iAQre
shall be and hereby is established in the city of Chicago,
in said state, an insurance company, to be known by the

FtyU'. name and style of " The Chicago Fireman's Insurance

OKpitai stock. Company," with a capital stock of one hundred thousand
dollars, divided into shares of one hundred dollars each,
which may be increased at the will of the directors to
any amount, not exceeding five hundred thousand doliars^
to "be subscribed and paid for in the manner hereinafter
specified.

Oc«umu8k«w«. § '2. B W. Raymond, Jerome Beecher, Wm. ISI. Larj
rabee, C E. Peck, G. F. Foster and Charles Burn y,
said city, or any five of them, are hereby authorised
open books of subscription for the capit.^1 stock of sa
company in said city, at such time and place as rtiey shi
think proper, after givi-jg twenty days' notice of the sa^
in either of the daily newspapers of said city — fc.i ' ■ o
to be kept open for the space of fiteen days anc .i at
least one hunlred thousand dollars shall be subs hm
during tlie first ten days of which none but firemen <■■ &m-

Xjiio but firemen empt firemen of said city shall be permitted to subs< ribe

to sabscrlbs. * I

423 1S55.

for said stock. When the said amount shall have been
subscribed the said books shall be closed, and the subscri-
bers may after five days' notice being given by said com-
raissiouers, in manner aforesaid, meet and under the in-
spection of said commissioners choose their directors,
who may, at any time after ten days' public notice given, choos» airettjt.rt.
cause the said subscription books to be reopened and con-
tinue open until the whole or any less amount of said stock
shall have been taken.

§ 3. The subscribers of said stock, their associates, Subscriber..
successors and assigns, shall be and they are hereby de-
clared a body politic and corporate, by the name and
style of -'The Ciiicago Fireman's Insiu-ance Company," Name auaauie.
and by that name shall be capable in !bw of contracting
and being contracted with, suing and being sued, pleading
and being impleaded, answering and being cnswered unto,
del'enduig and being defended against in all courts and
places whatsoever in all manner of action.-;, suits, com-
plaints and causes.

§ 4- The said corporation may have and use a com- uy-ia^K.
mon seal, which they may alter or change at pleasure, an t
the directors may make, establish and ordain such by-
laws, ordinances and r^ gulations as shall in their opinion
be necessary for the good government and management of
the affairs of said company and which are not repugnant
to the laws and constitution of this state or of the United
States.

§ 5. The corporation hereby created shall have full ^'«''»-
power and authority to take risk and make insurance with
any person or persons, company or corporation, against
losses or damage by fire, of buildings and every other >»
kind of property of every name, nature and description
whatsoever that may occr within the corporate limits of
said city, and to do all other acts and things necessary and
incident to the transaction of a fire insurance business
in ?aid city, and to loan their surplus or unemployed cap- LoaneunansMr-
ital or money on personal, real or other securities, at such
rates of interest as may be done under the existing laws of
this state or invest the same in stocks. They m ly also
car.se themselves to be insured or reinsured against all
or any risks upon which they may have made insurance,
and also on all property of every kind or any interest
therein owned or held by them as security.

§ 6. Ttie payment of the stock subscribed for shall be psymeDtc! stect
made by the subscribers, respectively, at the time and in
the manner following, that is to say: at the time of the
subscribing there shall be paid on each share five dollars,
and the balance due on each share shall be subject to the
call of the directors, under such penalties as tlie board of
directors may appoint and order, and shall be secured to

1866.

424

(J.>rporatc- jiowers

Ttiuo of holdlD
elicttons.

Ttiiin ->t oflice.

be paid on demand or otherwise, as the said directors shall
direct, by approved notes, hypothecated stocks, moi L-
gages on real estate or other satisfactory sf curity.

§ 7. All the corporate powers of said company sliall
be exercised, performed ,and conducted by a board of di-
rectors, consisting of nine persons, who sliall be stock-
holders of said corporation and citizens of said city. They
shall, after the first year, be elected on the first Tuesday
in March in each year, at such time and place in said city
as the board of directors for the time being shall appoint,
and shall hold their offices for one year and until others
shall be chosen to supply their places. Ten days' public
notice of said election shall be previously given, and the

V^uoo""^* **' *■ election shall be held under the inspection of three stock-
holders, to be appointed by the meeting for that purpose,
and shall be made by ballot by plurality of the stock rep-
resented, allowing one^vote for every share; any stock-
holder not personally present may vote by proxy, in wri-
ting, directed to the person representing them at each

If n« (.lection b« election. In case that it shall happen at any time that an
election shall not be made on the day when pursuant to
this act it ought to have been made the said corporation
shall not for that cause be deemed to be dissolved, but it
shall and may be lawful, on any other da), to make and hold
an election of directors, in such manner as shall be regula-
ted by the by-laws and ordinances of said company.

prajiieiit. ^ g. The directors of said company shall, as soon as

may be after their election in each year, elect from their
own body a president and vice president, who shall each,
respectively, hold office during the aforesaid term and un-
til others are elected; and in case of the death or resigna-
tion of tiie president, vice president or any director the

r»-Lui^;^i ailed, vacancy may be filled by the board of directors. In case
of th*» absence of the president, the vice president, and
in case of his absence a president pro tein.^ appointed by
the board, shall have all the power and perform all the
duties of the president regularly chosen.

§ 9. The directors may, by the ordinances or by-laws
of said company, order what number of directors shall
constitute a board or quorum and be competent for the
transaction of the business of the corporation; and they
shall have power, subject to said by-laws, to appoint from
their own body one or more persons to act and assist in
the performance of the business of the company, with such
salaries and allowances as they may tlunk proper; and al-
so to appoint a secretary and such clerks and other ser-
vants as they may deem expedient. They shall have
})ower to declare and make dividends of the profits arisi'ig
from the bu#iness of said corporation; but all contracts,
certificates and other instruments in writing of said com-

Bf-(ftW6.

425 1865.

pany shall be. signed by tlie president (or in his absence
irora the city by the vice president) and secretary thereof
or either of them, as may be provided by the by-laws of
said company.

§ 10. The stock of said corporation shall be consider- Personal property
ed personal property, and shall be assignable and transfer-
able according to such rules and restrictions as the board
of directors sijall from time to time make and establish.

§ 11. The said corporation may purchase, hold, sell '\'^^,^^^f^j^<;"^*"
and convey, at their pleasure, all such real estate as may
be deemed necessary for the transaction of its business,
not exceeding at any one time fifty thousand dollars, and
to take end hold any real estate mortgaged or pledged as
security for the payment of any debts due or that may be-
come due to it; and also to purchase or sell, in virtue of
any judgment at law or decree of a court of equity or any
trust deed or power of sale or otherwise, and to take and
receive any real estate or other property in })ayment or
towards satisfaction of any debt previously due to said
corporation, and to hold the same until they can conveni-
ently and advantageously sell and convert the same into
montvor other property.

§ 12. The expenses incurred by the commissioners in Expenses.
executing duties required by this act shall be paid out of
money received by them of the subscribers, to be capital
stock, and may be retained by them for that purpose, and
the balance so received shall be paid over to the directors
after they shall have been chosen.

§ 13. All policies of insurance by said company made Poiicie*.
shall be subscribed by the president, or in case of his ab-
sence or death by the vice president or such other person
as may be atithorised by the by-laws, and countersigned
and sealed by the secretary of said company; and all loss-
es arising under any policy so subscribed and sealed may Direcure to %*-
be adjusted and settled by the board of directors or such ^"'
other person or persons as the board of directors may ap-
point for such purpose.

§ 14. In case of any loss or losses whereby the capi- ^acconntebie'*^
tal stock of said company maybe lessened before all the in-
stallments are paid in eacli proprietor or stockolder's estate
shall be held accountiible for the installments that may re-
main unpaid on his share or shares at the time of such
loss or losses taking place; and no subsequent dividend
shall be made until the sum arising from the profils of the
business or bj advances of the stockholders to make good
said capital stock shall have been added thereto : Provi-
ded, ilvdt the stockholdiiYs shall not be individually liable
beyond the amount of stock held by them, respectively.

1855. 426

i.oo«Mon. § 15. The business of the company shall be carried

on at such place in said city of Chicago as the directors
shall direct.

chwtertobiivoi4 ^ \Q^ XHis charter shallbe va^id and of no effect unless the
company shall organize under it and agreeably to its provi-
sions within two years after the passage ofthis act; and this act
shall take effect and be in force from and after its passage,
and shall continue in force for the term of fifty years, but
may at any time be altered, amended or repealed by the
legislature of the state of Illinois; and after the expira-
tion of the time for which the said corporation \s created
it shall be lawful to use the corporate nime, style and ca-
pacity for the final settlement and liquidation of its af-
fairs and accounts in all cases and for the sale and dispo-
sition of its estate, real and personal.
Approved Feb. 14, 1855.

lo foice Feb. 15, AN ACT to incorporate the Peoria Mutual Fire and Marine Insurance
'856. Company.

Section 1. Be it enacted by the people of the state of
Illinois^ represented in the General t/lssemhly, That Lewis
Corporator*. Howel!, Alexander G. Tyng, William Kellogg, Charles S.
Clark, Amos P. Bartlett, George C. Bestor, Benjamin L.
T. Boverland, Peter R. K. Botherson, Ambrose C. Hank-
inson, Peter Sweat, William S. Moss, John D. Arnold,
James M. Cunningham, John McDougal, William C. Boil-
vin, Isaac Underbill, William A. Herron, Charles W. Mc-
Clallan, William E. Mason, Richard Gregg, Nathaniel B.
Curtiss, John Hamlin, Alfre 1 D. Curtenius, Smith Frye,
William H. Haskell, Benjamin F. Ellis, Norman H. Pur-
ple, Eiihu N. Powell, Ezra G. Sanger, Henry Grove, Wil-
liam M. Dodge, Alexander McCoy, John King, John Frink,

O. C. Parmly, Tobias S. Bradley, Almiran L. Cole,

Benjamin, Alexander Allison, John G. Bryson, Charles
Kettelle, Thomas Bryant, Jacob Gale, Jacob Darst, James
Daiigherty, Jnliu-^ Manning, Amos L. Merriman, Roswell
Bills, Bernard Baily, R »bert A. Smith, Washington Cockle,
William R. Phelps, Hezekiah M. Wead, George F. Har-
ding, Onslow Peters, Loring G. Pratt, William Tobey, John
Anderson, Joseph C Frye, Rudolphus Rouse, Horace An-
derson, Peter O. Loucks, Wellington Loucks, Gardner T.
Barker, Benoni P. Pratt, Thomas J.Maxwell, Ephraim Hin-
"hian, P. K. R Brotherson, Hiram G. Farwell, A. Green-
wood, Hiram Jackson, Charles Holland and all such other
personsas shall hereafter become stockholders in the corpo-

427 1855.

ration hereby created, shall be a body politic and corporate,
by (he name and stjle of ''The Peoria Mutual Fire and Ma- styie.
rine Insurance Company," to be located in the city ot Pe
oria; and said corporation may continue until the first day
of January, one thousand eight hundred and ninety, and
shall have power to adopt a common seal and alter and
renew the same at pleasure; and in that name may sue and
be sued, answer and plead and be impleaded, prosecute
and defend in all courts of justice having jurisdiction,
wherever situate.

§ 2. The capital stock of this corporation shal\ be one capuai stoek.
hundred tliousand dollars, and be divided into shares' of
fifty dollars each, bui shall be entitled to enjoy all its fran-
chises when fifty thousand dollars shall be subscribed and
twenty per cent, of said subscription paid in cash, and the
balance secured to the satisfaction of the directors; and
said capital stock may be increased at any time thereafter
to the sum of three hundred thousand dollars or to any sum May b« ii>«»«»»»<t
not exceeding three hundred thousand dollars, in the dis-
cretion of a majority of the directors, in such rrtanner as
they shall prescribe by the by-laws of the company.

^ 3. The above named incorpor<^tors or any ten of them opent)oo*«.
shall open books at such time and place in the city of Pe-
oria for subscription to the capital stock fs they sha!) ap-
point, not exceeding six months from the passage of this
act, by giving five days' notice in one or more of the daily
papers published in said city that such books will be open-
ed to subscribers to such ;.'apital stock, and that they will
remain open until fifty thousand dollars shall be subscri-
bed, and then the stockholders will organize the company
by choosing its directors; and at which time iwenty per
cent, of the capital stork thus subscribed shall be paid in
and the balance secured to the satisfaction of the direct-
ors.

^ 4. The stock funds and business of this corporation suckfnna*.
shall be managed by nine directors, one of which shall be
president, five of which shall constitute a quorum to trans-
act business. At all elections of directors each share shall
be entitled to one vote, and absent shareholders may vnto
by proxy, the holder of which being a shareholder. No QuaJifleation.
person shall be eligible to the office of director or president
unless a stockliolder to the amount of five shares and a citi-
zen of the state of Illinois. And after the first election
there shall be an annual election held on the first Monday Annual ekoitos.
in April in each year at such time and place in the city of
Peoria as the directors may appoint; which directors shall
hold their office for one year and until others are elected
and qualified. Notice of the time and place shall be pub-
lished at least five days previous in some paper published,
in the city of Peoria; but a failure to elect directors at any

1865. 428

annual meeting shall not work a dissolution of this corpo-
ration.

Appoint inipeot- § 5. At every annual election the directors shall ap-
point three stockholders, who are not directors, as inspeo
tors of such election, who shall canvass the votes and de-
clare the result, and the nine who shall have the highest
number, of votes shall be directors for the ensuing year.
Said directors, when chosen, shall proceed to choose

oti.)09«pr««i<i(»nt. one of their number, by ballot, president, and in ca?e of
death, resignation, disqualification or absence shall, in th.-
same manner, appoint a president jjro tempore^ who shall
dischai*ge the duties and exercise all the functions of the
president. The directors may also appoirit a secretary

Appoint officers, and treasurer and such other officers arid agents as they
may think necessary and define their duties and determine
their compensation and require sucii security for the faithful
discharge of their duty as shall be deemed proper.

iiwinramo. § 6. The Corporation hereby created shall have power

to make all kinds of itisurance against fire, and to make
marine insurance upon vessels, boats and water crafts em-
ployed in inland, lake, river, ocean or canal navigation, and
upon all goods, wares or merchandise, produce or prop-
erty transported thereon or otherwise ami upon freight,
bottomry, respondentia interests, and upon all ocean, lake,
river cr inland navigation risks of every kind soever, and
upon money transmitted by mail; and may cause themselves
to be reinsured upon any risk or insurance which they may
have assured or taken in the progress of their business.

Mtkestatiimeut. § 7. It shall be the duty of the president and directors
to make out a complete and perfect statement of the con-
dition and affairs of t!»e corporation and report the same to
the stockholders, at their annual meeting; and on the first
Monday of April and September in each year to make a
dividend of so much of the profits of said corporation as to

»:»,den,i. them shall seem advisable. But in no case shall they de-

clare a dividend tiiat shall impair the capital stock or in-
fringe thereon; and in case of losses at au}^ time that shall
lessen the capital stock calls shall forthwith be made for
installments of unpaid stock sufficient to restore tlie capi-
tal stock, or no dividends shall be made until the capital
stock is restored from the profits arising from the business
of the corporation, nor shall any premiums received be
counted as profits until the risk for v/hich it was taken
shall have terminated.

Pojtaiw. §8. All policies of insurance or other engagements shall

be signed by the president and countersigned by the sec-
retary, with or without seal, and shall be binding upon the
corporation; and all such assured may thereupon, in case
of loss arising, maintain [an action] of debt, covenant,
case or assumpsit against such corporation.

429 1866.

§ 9. The directors at their first meeting and at the time By-iaw».
of their orgaijization shall adopt by-laws, rules and regu-
lations by which the corporation and its members siiall be
governed, and may alter and amend at any subsequent
meeting : Provided, such by-laws shall not be inconsis- Proviso.
tent with the constitution or laws of this state; aiid
the directors may open books '^or sub'=;cription to fill up opentfck*.
such portion or all of the unsubscribed stock as in their
opinion may be useful and advisable. Tiie directors shall
have power to call in installmen's of the capital stock at Make can* or. »n-
such times as they shall deem advisable by giving thirty ^ '' "'*°
days' notice in some paper published in the city of Peoria:
Provided, no call shall be made to exceed ten per cent, of
the capital subscribed at one time nor oftener than once
in thirty days. The president shall notify all shareholders
out of the city of Peoria of such call by mailing such no-
tice to such person's address, if known.

§ 10. If after a public call for installments be made Pi^'oiict^"-
agreeable to the provisions of section nine any stockholder
shall neglect or refuse to pay said installments agreeable
to the notice and for ten days thereafter the president may
advertise so much of the stock of the delinquent sharehold- shares m»y be
er to be sold at '^.uction to the highest bidder as vvil! pay
the amount called for and expenses of advertising and sell-
ing, in which advertisement he shall give notice of the time
and place of sale and the amount o' installment to be pro-
vided for, and shall cause the same to be published ten
days in some paper in Peoria, before the day of sale.

§ 11. This corporation may conduct its insurance busi- Mutual tMoianae
ness in part or entirely upon the principle of mutual insu-
rance, if preferred by its customers and directors : Provi-
ded, always, that all risks are assessed at their cash value
of hazards taken, and the premiu'BS shall be paid in cash
or its equivalent when the policy is issued.

§ 12. This corporation shall not deal in any real or Nott.jdeai»n»iv
personal estate, property or merchandise, except so much estat^. ''**'^'**'
as is necessary for its own use and such as may be taken
to secure any debt or payment thereof, but shall strictly
confine itself to the objects of its creation as herem set
forth. This corporation may sell and convey any real es-
state conveyed to it in pursuance of this section by deed
signed by the president and countersigned by the secreta-
ry under the seal of the corporation; and all deeds so made
and executed shall be good and valid.

§ 13. The capital stock of said corporation paid in invostmeoiti.
and all moneys deposited therein by any person or per-
sons for safe keeping shall be invested, at the discretion
of the directors, either [in] loans upon bonds or mortga-
ges on unincumbered real estate of the value of at least
one-third more than the amount loaned thereon or in Uni-

1855. 480

ted States or state stocks or stocks created by any state
of the United States or stocks of incorporate companies or
otherwise, so as to safely secure such capital stock. And
the same may be called in and reloaned, on the like secu-
rity, as occasion may require; and the dividends of the
profits or interest accruing from such investments may be
made semi-annually to the stockholders; but such capital
and the interest not divided shall ever be liable for all
losses and exptnses incurred by the corporation after the
application of all other means of the company.
De«m?(i personal § 14. The stock ©f this Corporation shall be deemed
proi)^riy. persundi property, and no transfer shall be valid while the

holder is indebted to the corporation. The mode of trans -
fering or aiienatiacr the stock and the forms of policies,
orders, receipts, certificates or other papers to be used by
this corporation shall be regulated and determined by the
by-laws of the same,
aefti ana person- § 15. The real and personal estate of each individual
"" ' " stockholder shall be liable for any and all liabilities or losses

of the company, to the amount of stock subscribed or held
by him and not actually paid in, in all cases o|. losses ex-
ceeding the means of the corporation.

§ 16. Tiiis act shall take effect and be in force from
and after its passage, and be liberally construed for all
purposes herein contained by the courts of justice in this
state : Provided, that nothing' herein contained shall be so
construed as to authorise the ^aid company to issue any
notes, bills or certificates of deposit or other paper to cir-
culate as money.

Approved Feb. 15, 1855.

•i estate.

la (oroe Fet . 15, AN' ACT to ineor|:oraie liie Putnam County MuUiai Fire if.iuirauce C un-

!8oo.

pany.

Section 1. Be it enacted by the people uf the state af
Illinois, represented ill the General Assenihhj,, ThatBron-

o««por*tor». son Murray, Leonard L. Bullock, Ralph Ware, John J.
Delatour, William A. Pennell, Joe! W. Hopkins, Ira L.
Peck, Archibald P. Dysart, Selleck B. Lobdell, and all
other persons who may become members of the said com-
pany, in the manner herein prescribed, be and they are
hereby incorporated and constituted a body politic and

strie- corporate, by the name and style of "The Putnam County

Mutual Fire Insurance Company," and for the terra of
twenty years from the passage of this act, for the purpose

431 1855

of insuring their dwelling houses, stores, shops and other orjecte.
buildings;, household furniture and merchandise, and other
personal propeitv against loss or damage by fire, whether
the same shall happen by accident,vlightning or any other
means, excepting tiiat of design in the assured or by the
invasion of an enemy or insurre !tion of the citizens of this
or any of the United States; and by that name may sue General powew,
and be sued, plead and be impleaded, prosecute and de-
fend in any court of record or other place 'whatever; may
have and use a common seal; may purchase and hold such
real and personal estate as may be necessary to effect the
object of their association, and the same may sel; and
convey at pleasure : Provided^ such real estate shall not fpovIbo.
exceed one hundred and sixty acres; may make, establish
and put into execution such by-laws, ordinances and res-
olutions, not being contrary to the laws of this state or the
United States, as may seem necessary or convenient for
their regulation and government and for the management
of their affairs, and to do and execute all such acts and
things as may be necessary to carry into full effect the pur-
poses intended by this charter.

§ 2. Xhat all or every person or personr who shall at Memi)**.
any time become interested in said company by insuring
therein, arid also their respective heirs, executors, admin-
istrators and assigns continuing to be insured therein as
hereinaftfef' provided, shall be deemed and taken to be
members! thereof, for and during the term specifie I in their
respective policies and no longer, and shall at all times be
concluded and bound by the provisions of this act.

§ 3. There slirfll be a meeting of the said company in Mesiinf.
Granville, in the county of Putnam, state of Illinois, on
the first Tuesday of Juu' , annually, or on such other day
as the said company may hereafter determine; at which
first annual meeting shall be chosen by a majority of the
votes cast, either by the members present or by proxy, a Botnu.f dh-jc**
board of directors, consisting of not more than fifteen nor '
less than nine members, who shall continue in office urStil
others have been chosen and accepted the trust in their
stead. In ail vacancies happening in said board, wiiether Vficar,o»«<.
by removing from the state, resigning, dying, refusins: ^o
act or neglecting to act for and during the space of three
montiis successively, then, and in every such case, ano-
ther Jirector shall be chosen in the place of each director
so removing, resigning, dying, refusing or neglecting to
act as aforesaid, by a majority of the directors present at
any monthly meeting; which directors so chosen s lall re-
main in office until the next general election of direct irs;
and a majority of the whole hoard shall constitute a quo-
rum for the transaction of business. At their first regular First ni«etn>«,
meeting the board of directors shall class themselves by

1856. 432

iarmof offlc?. lot into three classes of an equal number each; the term
of whose service shall respectively expire as follows: the
first class in one year, the -second class in two years and
the third class in three years. Special meetings of the
company maybe called by order of the directors or when-
ever the owners of one-tenth part of the property insured
in said company shall apply to the directors, setting forth
in writing the purpose for which a meeting is desired.

■e t presiotnt. § 4. The board of directors shall elect a president,
vice-president, secretary and treasurer, wlio shall hold
their respective offices for the period of one year, and
until others are chosen in their place. The board of di-

Bxecuttv* com- rcctors mav also appoint an executive committee from
their own members, and such committee, when the board
is not in session, may exercise all the powers vested in
the company, except where the compan}' has, by its by-
laws, otherwise provided. The board of directors may
also appoint examiners, agents, and such subordinate offi-
cers as they shall deem necessary, v/ho shall hold their
o.nces during the pleasure of the board. The board of
directors sliatl superintend the concerns of said company
and shall have the management of the funds and property
thereof, and of all matters and things thereunto relating,
not otherwise provided for by said companj^.

DytFof bwrdof ^ 5, Jt shall be the duty of the directors of said com-
pany to prescribe the duties oi their respective oincers
and agents and fix their compensation, and take such se-
curity from them as they may deem necessary for the
faithful performance of their respective duties. They

»«it« of Insurance shall elso determine the rates of insurance; the sum to be
insured on any building, not exceeding two-thirds of its
value, nor more than two-l birds the value of personal
property; and the sum to be deposited for the insurance

PoHoies. thereof. They shall order and direct the making and

issuing of all policies of insurance, the providing of books,
stationery and other things needful for the office of said
company, and for carrying on the affairs thereof, and may

MtfUe draft* upon draw upou the treasurer for tiie payment of all losses
treasury. which may have happened, and for expenses incurred in

transacting the concerns of said company; and may hold
their meetings monthly, and oftener, if necessary, for trans-
acting the business of said company, and shall keep a re-

t«ep record. cord of their proceedings; and any director disagreeing
with a majority of the board at any meeting, may enter
his dissent, with his reasons therefor, on record.

M»yMtendingn- § 6. The directors may extend the insurance of said
'*"°*' company to any part of this state or any other state or
states which they may deem expedient, with the excep-
tions and provisions hereinafter enacted, not exceeding
the sum of dollars in any one risk, at such rate or

433 1855. '

rates as said directors may, in view of the equity of the
case and the interest of the company, determine. Insu-
rance shall be made in all cases upon the representation of
the assured, contained in his application therefor, p.nd
signed by himself or his attorney; which representation
shall in fairness and good faith state all the material cir-
cumstances within his knowledge, which may affect the
risk: Provided., that in case of any loss or damage by p^otiso.
fire, the valuation of the property at the time of such
[loss] or damage, shall be determined by the award of im-
partial men, as hereinafter provided.

5 7. Books of account, written securities or evidence ^l';'V.'l;l!f*'' °' '"'
of debt, title deeds, manuscripts or writings of any de-
scription, money or bullion shall not be deemed or taken
to be objects of insurance in said company. Curiosities,
jewels, medals, musical instruments, plate, paintings, s culp-
ture, statuary, watches, gold or silver ware of any kind,
shall not be deemed to be included in any policy of insu-
rance, unless those articles or any of them form part of
the usual and regular stock in trade of the assured, or are
particularly specified in the policy.

§ 8. The rates of insurance shall be from time to time Rcgniate rat»i <><
fixed and regulated by the company, and premium notes
therefor shall be received from the insured, which shall
be paid at such time or times, and in such sum or sums as
the company shall from time to time require, for losses
and expenses. Any person applying for insurance, so elect-
ing, may pay a cash premium in addition to the premium
note, or a definite sum in money, to be fixed by said com-
pany, in full for said insurance, in lieu of a premium
note.

§ 9. The said company may divide applications for
insurance into two or more classes, according to the dS^
gree of hazards; and the premium note in such case be as-
sessed for the payment of any loss, excep": in the class to
which they belong.

§ 10. The cash premiums received by the said compa- c»»ii premiun«.
ny for risks in lieu of premium notes and the cash premi-
ums received in addition to the premium notes, chall be
applied in payment of losses and expenses before any as-
sessment shall be made upon the said premium notes; and
the said cash premiums, together with the premium notes,
shall constitute the capital stock of this company.

§ 11. When any property insured by this company Poncr to b« tom.
shall be alienated by sale or otherwise, the policy shall
thereupon be void; but in such cases it shall be lawful for
such insured to assign and deliver to the purchaser or pur-
chasers such policy of insurance, and such assignee c as-
signees shall have all the benefit of such policy, and may
bring and maintain a suit thereon, in his, her or their own
42

1866.

434

iiembers to pay
proportion ol
losseg.

St f Uli'lS.

Jiotice of losses.

Adjustment of

insses.

names : Provided, that before any loss happens, he, slie or
they sliall obtain the consent, in writing, of the said com-
pany to such assignment, and have the same endorsed or
annexed to the said policy of insurance.

§ 12. Ev'ery member of the said company shall be and is
hereby bound to pay his proportion of all losses and ex-
penses iiappening or accruing in and to said company; and
all buildings insured by and with the said compau}, to-
gether with the right, title and interest of the assured to
the lands on which they stand, shall be pledged to said com-
pany, and the said company shall have a lien thereon
against the assured during the continuance of his, her or
their policies.

§ 13. The board of directors may invest and employ
the funds of the said company in such a way and manner
as the interest and welfare of the company may require :
rrovided, that nothing be lierein construed as authorising
the n to engage in any banking ope.rations or to traf-
fic in any goods, wares or merchandise, or to exempt any
of the property of said company from taxation, except the
premium notes.

§ 14. In case of any loss or damage by fire happening to
any member, upon property insured in and with said compa-
ny, the said member shall give notice thereof in writing tothe
directors or some one of them or to the secretary of said com-
pany, within thirty days from the time such loss or damage
may have happened; and the directors, upon a view of the
same, or in such other way as they may deem proper, sliall
ascertain and determine the amount of said loss or damage;
and if the party suffering is not satisfied with the deter-
mination of the directors, the question may be submitted to
referees, or the said party may bring an action against said
company for said loss or damage, at the next court to be
holdea in and for the county of Putnam, and not after-
wards, unless said court shall be holden within sixty days
after said determination; bat if holden within that time,
then at the next court holden in said county thereafter ;
and if U()on trial of said action a greater sum shall be re-
covered than the amount determined upon by the direct-
ors, the party suffering shall have judgment therefor
against said company witii interest thereon from the time
said loss or damage happened and cost of suit; but if no
more shall be recovered than the amount aforesaid, the
said party shall become non-suit, and the said company
shall recover their costs : Provided, hoivever, that the
judgment last mentioned shall in no wise affect the claim
of said suffering party to the amount of loss or damage,
as determined by the directors aforesaid : Jind provided,
also, that execution shall not issue on any judgment

435 1855.

against said company until after the expiration of three
months from the rendition thereof.

§ 15. The directors shall, after receiving notice of any Dutyonurm.rs.
loss or damage by tire sustained by any member and ascer-
taining the same, or after the rendition of any judgment
as aforesaid, againt said company, for such loss or damage,
provided the cash fund received by the said company
should not be sufficient to meet said loss or damage, the
directors shall settle and determine the sums to be paid by
the several members thereof as their respective propor-
tions of such loss, and publish the same in such a mannef
as they shall see fit or as the by-laws may have prescribed:
and the sura to be paid by each member shall always be in
proportion to the original amount of his premium note or
note ; and shall be paid to the treasurer within thirty days
next after the publication of said notice; and if any mem- new t.^ proceei
ber shall, for the space of thirty days after such notice, ^I'^^'^y. '^'"'
neglect or refuse to pay the sura assessed upon him,^er
or them, as his, her or their proportion of any Joss, as
aforesaid, in such case the directors may sue for and re-
cover the whole amount of his, her or their deposit note
or notes, with cost of suit; and the money thus collected
shall remain in the treasury of said company, subject to
tlie ;. ayment of such losses and expenses as have or may.,
thertidfter accrue, and the balance, if any ?:'emain, shall be
returned to the party from whom it was collected, on de-
mand, after thirty days from the term for which insurance
was made.

§ 16. Said company may make insurance for any term Term of iusu-
not exceediDg five years, signed by the president and '^^"**'
countersigned by the secretary, shall be deemed valid and
binding on said compny, in all cases where the assured
has a title fee simple, unincumbered, to the building or
buildings insured, and to the land covered by the same;
but if the assured has a less estate therein or if the prem-
ises be incumbered, the policy shall be void, unless the
true title of the assured and the incumbrance on the
premises be expressed therein.

§ 17. The directors shall settle and pay all losses with- Rebuild or roi)air
in three months after they shall have been notified and sat- ''*™*''®''
isfactorily proven, unless they shall judge it proper, with-
in that time to rebuild the house or houses destroyed or
repair the damage sustained, which they are empowered
to do in convenient time : Provided, they do not lay out
and expend in such building or repairs more than the sum
insured on the premises; but no allowance is to be made
in estimating damages, in any case, for guilding, historical
or landscape painting, stucco or carved work, nor are the
same to be replaced, if destroyed by fire.

1856. 436

Poiuy tote void ^ 18. When any house or other buikiing shall be alien-
in cortnin cases. ^^^^^ ^^ g^jg qj. otherwise, the poHcy thereupon shall be
void and be surrendered to directors of said company to
be canceled; and upon such surrei;der the assured shall
be entitled to receive his, her or their deposit note, upon
the payment of his, her or their proportion of all losses
and expenses that have accrued prior to such surrender:
Proviso. Pruvicled, however^ that the grantee or alienee having the

policy assigned to him maj- have the same ratified and
confirmed to him, her or them, for his, her or their own
proper use and benefit, upon application to the directors,
i^Ad with their consent, within thirty days next after such
alienation, on giving proper security to the satisfaction of
the said directors for such portion of the deposit note as
sliall remain unpaid; and by such ratification and confirm-
ation the party causing the same shall be entitled to all
the rights and privileges, and subject to all the liabilities
to which the original insured was entitled and subjected
under this act.
}tenaere<iTo'(ity § 19. If any alteration shall be made in any house or
iuteiatK.rs. buildiug by the proprietor thereof, after insurance has
been made therecn n^ith said company, whereby it may be
exposed to greater risk or hazard from fire than it was at
the time it was insured, then, and in every such case, the
insurance made upon such house or building shall be void,
unless an additional premium and deposit after such alter-
ation be settled with and paid to the directors; but no al-
teration or repairs in buildings not increasing such risk or
hazard shall in any way affect the insurance previously
made thereon.
Property situated § 20. In case any building or buildings situated upon
on leased lands, jg^^gg^ lauds and Insurcd by said company be destroyed
by fire, and the owner or owners thereof shall prefer to
recerve the amount of such loss or damage in money, in
such case the directors ma}' retain the amount of the pre-
mium note given for the insurance thereof until the time
fQr wliich insurance was made shall have expired, and at
the' expiration thereof the assured shall have a right to
demand and receive such part of said retained sum or
sums as has not been expended in losses and expen-
ses.
DouweiMUMnoe ^ 21. If iusurance ou any house or building, household
furniture, merchandise or other property, stiall be and
subsist in said company, and in other office, or from and by
any other person or persons at the same time, the insu-
rance made in and by this company shall be deemed and
become void, unless such double insurance subsist by and
with the consent of the directors, signified by endorse-
ment on the back of the policy, signed by the president
and secretary.

437 1855.

§ 22. Each and every member of said company shall EntiiuM!!a,-x:..:i-
be entitled to and allowed an examination of the b'-oks,
papers and general transactions of said company, upon
application thereof to the secretary.

§ 23. It shall be the duty of the directors to make an Annual viort.
annual report o; the condition, progress and affairs o{ said
company, a copy o^ which report shall be furnished to t!ie
general assembly.

§ 24. The operations and business of said company Lo^iiyn.
sh'^ll be carried on and conducted at such a place in Gran-
ville, county of Putnam, as a majority of the members
present at any regular meeting sliall designate.

§ 25. The individuals named in the first section of this ^^^^_ "^ ''''«*'-
act shall be, and they are hereby constituted a board of
directors for said company, to serve as such until the first
annual election of directors therein provided for; they
sliall, if they think proper, Iiave power to make up their
number to fifteen, as allowed in the third section of this Directors in-

I 1 r • ^ 111 creased.

act, irom among the members or said company; anu ail
vacancies which may occur in said board by death, resig-
nation, removal or refusal to serve, may be filled by the
remaining members of said board; and a majority of their vacanc^s aiied.
number at any time shall constitute a quorum for the trans-
action of business; they may call the first meeting of the
members of said company at any suitable time and place

in aforesaid, by advertisement in the several

newspapers printed in said town, giving at least ten days'
notice of the place, time and design of the meeting; they Notice.
may make and establish by-laws for the government of ^>'-i»'^»-
said company until the first annual meeting thereof, and
may transact any business necessary and proper to carry
into effect the provisions and intentions of this act : Pro- Pro^'so-
vided, however, that no policy shall be issued by said com-
pany until his excellency, the governor of state, shall
have made proclamation that application has been made
for insurance in said company on thirty thousand dollars
at least, of vs'hich notice shall be given him by the'jdi-
rectors.

§ 26. If it shall ever so happen that the whole amount in case oi msufp-
of deposit notes shall be insufficient to pay the losses oc-
casioned by any one fire, in such cases the sufferers insu-
red by said company shall receive, towards making good
their respective losses, a proportionate dividend of the
whole amount of said notes, according to the sums by tiiem
respectively insured, and in addition thereto a sum to be
assessed on all the members of said company, not exceed-
ing twenty-five cents on every hundred dollars by them
respectively injured; and the said members shall never be
required to pay for any loss occasioned by fire at one time
more than twenty-five cents on each hundred dollars in-

1855. 438

sured in said company in addition to the amount of his de-
posit note, nor more than that amount for any such loss
after his said note shall hzve been paid in and expended;
but any member, upon payment of the whole of his deposit
note and surrendering his policy before any subsequent
loss or expense has accrued, may be discharged from said
company.

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

Approvkd Feb. 15, 1855.

In force Feb. H,
1S55.

Corporators.

Style.

l.|ect.

Offloee*.

AN ACT to incorporate the Richmond Cemetery Associatiun.

Section I. Be it enacted hy the people of the state of
Illinois, represented in General Jissemhly, That Cliarles
G. Cotting, John W. Arkills, Asa F. Bennett and William
A. McCoimeli, John Sibley, John- Purdy an 1 Francis For-
rest and their associates, in the village of Richmond and
vicinity, in the county of McHenry, and their successors,
be and are hereby constituted a body corporate and pol-
itic by.the name and style of "The Richmond Cemetery
Association," and by that name shall have perpetual suc-
cession, and shall have and possess and be invested with
all the powers, rights, privileges, liabilities and» immuni-
ties incident to a corporate body.

§ 2. Said association shall have power to own real es-
tate, not exceeding ten acres, and personal property, not
exceeding at any one time five hundred dollars, which
shall be exempt from taxation and from attachment and
execution.

§ 3. The ofeject of such association shall be exclusive-
ly to receive title to, own, lay out, enclose and ornament
a plat of ground to be used as a burial place for the dead,
a^d are empowered to lay out the same in lots, and to sell
the same, purchasers of which shall use the same as here-
in contemplated and for no other purpose, and on applica-
tion of said lots or any one of them to any other purpose
^by the purchasers, shall work a forfeiture of his claims
thereto.

§ 4 Tile proceeds of such sale shall be applied to the
payment of the purchase money of said ground, fencing,
laying out and ornamentiug the same, and other expenses
necessary for carrying into effect the object of this asso-
ciation.

§ 5. The officers of this association shall be a president,
a treasurer, who shall act as secretary, and a superintend-
ent, who shall be chosen annually, on^the first Monday in

439 1855.

February, by ballot, and shall hold office until their sue- Term of ctikf.
censors are elected. Notice of such election shall in the
first instance be given by the corporators and subsequent-
'ly by the sepretary by written notice at two public pla-
ces in Richmond, specifying tlie time and place of holding
the election; and said corporators shall superintend the
first, and said officers, all subsequent elections; and any
neglect to elect officers on the specified day shall not work
a forfeiture of this act of incorporation, but subsequently
an election may be held by giving five days' notice. The
president, treasurer and superintendent shall constitute a
board for the transaction of business and the appointment
of agents for the accomplishment of the objects of the as-
sociation.

§ 6. Every owner of one or more lots shall be a mem- Members.
bar of this association, and shall be entitled to one vote ;
absent members may vote bj'^ proxy.

§ 7. The right of property in any lot which may be Kigiitofpropmy
purchased shall be vested by certificate of stock, signed
by the president and countersigned by the secretary, and
recorded in a book kept for that purpose by the secreta-
ry; and every transfer of such lots shall be made by sur-
rendering such certificates to the secretary, who shall de-
stroy it and issue a new one, and make an entry thereof.

§ 8. It shall be the duty of the secretary, on request Biectiou of .ff-
of the president or superintendent, or of four members of
the association, to call a meeting of the association for the
election of officers or for the transaction of any business
which this act authorises and which does not properly
come vmder the control of the officers, by giving five
days' public notice.

§ 9. The said corporation shall have power to estab- sy-isw?.
lish or make and change by-laws and regulations for their
government, the direction of their officei;s and the man-
agement of its property and officers, not inconsistent with*
the laws of this state or of the United Slates.

§ 10. It shall be the duty of said association to keep a Keep legitter.
register, in a well bound book, of all interments made in
said cemetery, with all the particulars connected there-
with; such as name of deceased, date of interment, age,
place of nativity, &c., so far as can be ascertained; which
book shall be opened and free for the inspection of any
one interested therewith. This act to take effect ,and be
in force from and after its passage.

Approved Feb. 14, 1855. f

1855.

440

IB force Feb. 13.
1855.

Corporators.

Style.

Objects.

Lay out
places.

Oiticers.^

-M'^mbers.

AN ACT to inccrporate the Willard Grove Ceiceteiv Af50cia»ion.

Section 1. Be it enacted by the people uf the state of
Illinois ^represented in the General Jissemoly, That Peter
Macowan, Joseph Lewis, Henry Henderson, Elizur W.
Sage, Ira O. Knajip, William S. Jones and William Laws,
a:id their associates and successors, in the town of Clian-
nahon, in the county of Will, be and they are hereby con-
stituted a body corporate and politic, by the name and
style of "The Willard Grove Cemetery Association;" ai;d
by that name shall have perpetual succession, and shall
have, possess and be invested with all powers, rights and
privileges, liabilities and immunities incident to a corpo-
rate body; may adopt a common seal, and alter and renew
the same at pleasure, or may act and execute any neces-
sary papers or writings without a seal.

§ 2. Said association shall have power to own and
possess, and may acquire by purchase or otherwise, real
estate, not exceeding ten acres, which shall be exempt
from taxation.

§ 3. The object of said association shall be to lay out,
enclose and ornament a piece of ground, not exceeding ten
acres, as aforesaid, to be used as a place of burial of the
dead.

§ 4. Said association shall have power to lay out such
burial place into lots suitable for burial departments, and
sell tlje same; the purchasers of which shall use the said
lots as herein contemplated, and for no other ftse what-
soever.

§ 5. The proceeds of such sale, after deducting the
expenses of purchasing the land and laying out the lots,
shall be appropriated and used in improving and ornament-
ing the burial grounds or in fencing and improving the
same, or both, and for other necessary expenses connect-
ed with said association.

§ 6. The oflficers of the association shall be a presi-
dent and treasurer, (said treasurer shall also be secretary)
and a superintendent, who shall be chosen annually by
ballot, and shall hold their office until their successors are
chosen; and, any neglect to ciioose officers on the day fixed
in the notice for election shall not operate as a forfeiture
of this act of incorporation. The president, treasurer
and superintendent shall constitute a board for tlie trans-
action of the financial concerns of the association and the
execution of its by-laws; and the superintendtnt shall
have the general supervision of said burial ground, as the
by-laws shall prescribe.

§ 7. Every person holding one or more lots shall be a
member, and shall be entitled to one vote only. Absent
members may vote by proxy.

441 1855.

§ 8. The riglit of property to any lot or lots which Right of proi.erty
may be purchased, shall be vested by a certificate of stock
describing the lot or lots by number, signed by the presi-
dent ard countersigned by the secretary; and every cer-
tificate of sale or transfer shall be recorded by the secre-
tary in a book to be kept for that purpose, and also may
be recorded in the recorder's office of Will county, as
deeds and mortgages and other papers are reconied, and
certified copies thereof shall be evidence in all courts and
places.

§ 9. It shall be the duty of the secretary, on the re- cuooseofflcer*.
quest of the president or superintendent, or of any four
members of the association joining in the request, to call
a meeting of the association for the choice of officers or
for the transaction of any business which this act author-
ises, by giving ten days' public notice, at any time inter-
mediate the annual meetings.

§ 10. The said corporation shall have power to estab- sy-iaws.
lish and change by-laws and regulations for their govern-
ment, the direction of their officers and the management of
its property and affairs, not inconsistent with the laws and
constitution of this state or of the United States.

§ 11. The private property of the members shall be Members iiabi*.
liable for all debts created by said corporation, but none
of said burial ground shall ever be liable to be taken on
execution or attachment for debt or on judgment of any
kind. This act shall be a public act and shall be in force
from and after its passage.

iVPPROVED Feb. 14, 1855.

AN ACT to incorporate the Sav.uinah Cemetery Asaociation. in forc^ Feb. 16,

1866.

Section 1. Be it enactedby the people of the state uj Illi-
nois^ representedin the General Assembly , That Luiher H.
Bowen, Reuben H. Gray, JohnB. Rhodes, Daniel P. Holt, corporattre.
Henry B. Harmon, Porter Saigeant, Enoch Chamberlain
and their associates and successors be and thej are hereby
constituted a body corporate and politic, by the name and
style of " The Savannah Cemetery Association," and by
that name to have perpetual succession, and shall have and '

possess and be invested with all the powers, rights and
privileges and immunities incident to a corporate body.

§ 2. Said association shall have the power to own and Reaieatate.
possess real estate, not exceeding twenty acres, which
shall be exempt from taxation and sale on execution.

1865.

442

ConTeyaaces.

Objects. § 3. The object of said association shall be exciiisive-

ly and solely to lay out and enclose and ornament a plat
or piece of ground, not exceeding twenty acres, afore-
said, to be used as a burial place for the dead,
officei-s. § 4. The officers of this association shall be a presi-

dent, a treasurer, (who shall act as secretary,) three di-
rectors and such other officers as they may think proper,
to be chosen as maybe provided by by-laws; the said pres-
ident and treasurer and directors to be chosen annually,
and hold their offices until their successors are chosen.
Any neglect to choose officers on the day fixed upon shall
not operate as a forfeiture of this act of incorporation.

§ 5. Said association shall have power to sell any lot
in said burial ground, by warrantee deed, to be signed by
the president; and the proceeds arising from the .-ale of
lots, after deducting all the expenses of purchasing and
laying out, shall be appropriated and used in improving and
ornamenting the burial ground or other objects connected
with this incorporation.

§ 6. Every person holding one or more lots shall be
entitled to one vote only. Absent members shall have
power to rote by proxy.
Annual meeting. ^ 7. Said Company shall hold annual meetings for the
transaction of its business, and shall have power to es-
tablish and change by-laws and prescribe rules and regu-
lations for the government and direction of their officers
and the management of their property and affairs.

§ 8. This act to take effect from and after its pas-
sage.

Approved Feb. 15, 1865.

Members

Tn force Feb.
1856.

Oorporatorsi.

Style.

Powert,

AN ACT to incorporate the Marebali Cemetery Association.

:- ECTioN 1. Be it enacted by the people of the state of
Illinois, represented in the General jissembltj, That Dean
Andrews, Jonathan K. Gre^nough, Jesse Mark, Uri Man-
ly, Lewis Bradley, Jacob Chapman, William C VVhitlock,
Gilead Shaw and Robert Brown and their associates, in the
town [city] of Marshall, in the county of Clark, and their
successors, be and are hereby constituted a body corporate
and politic, by the name and style of " The Marshall Cem-
etery Association," and by that name shall have perpetual
succession, and are hereby vested with power to sue and to
be sued, plead and be impleaded, and with all the rights,
privileges, powers and immunities incident to a corporate
body.

443 1855.

§ 2. Said association shall have power to own and
possess real estate, not exceeding ten acres, which shall be
exempted from taxation or sale on execution.

^ 3. The object of said association shall be exclusive- Object.
ly and solely to lay out, enclose and ornament a plat or
piece of ground, not exceeding ten acres, as aforesaid, to
be used as a burial place for the dead.

§ 4, That block number seven, in the addition to said
town, being now used as a place of burial but being un-
suitable therefor, shall be and is hereby vested in this as-
sociation, which shall have full power to sell and dispose
of the same and good conveyance make therefor, in such
manner as they may deem expedient.

5 6. The proceeds arising from the sale of the same AppMc«tien rf

111 I'l I'll 1 !• J funds.

shall be applied exclusively to the purchase, enclosing and
ornamenting of the piece of ground therein authorised to
be purchased by said company and for no other purpose
whatever.

§ 6. It shall be the duty of this association to cause ^^^^^*-
the bodies of such persons as are now buried in on said
block, when the same can be done and the friends of the
deceased refuse to do so, to be taken up and decently in-
terred in the piece of ground so to be bought.

§ 7. Said association sliall set apart a sufficient part of ^g^Xr.'""*'
said piece of ground, to be used for the burial of persons
or the friends of persons who do not choose to purchase a
lot or lots therein, and which shall be known and used as
a common burial ground, under such regluations as said
association shall from time to time adopt.

§ 8. Said association shall have power to lay out the
burial place into lots of suitable size for family burial de-
partments, and sell the same, the purchasers of which
shall use the said lot or lots as herein contemplated and
for no other purpose whatever.

§ 9. The proceeds arising from such sale, after de- ^/^^^^^"^" "^
ducting all the expenses of purchasing and laying out lots,
shall be appropriated and used in improving and ornament-
ing the burial ground or in other objects connected with
this incorporation.

§ 10. The officers of this association shall be a presi- oflacers.
den*, a treasurer, who shall also act as secretary, a
supeiintendent and two directors, who shall be chosen
annually, by ballot, and shall hold their office until their
successors are chosen. Any neglect to choose officers on
the day fixed upon by said officers shall not operate as a
forfeiture of this act of incorporation.

§ 11. Every person holding one or more lots shall be
a member and entitled to one vote only. Absent members
shall have power to vote by proxy.

1855.

444

Mootiii^B.

By-1»WB.

utbtatf.

§ 12. The rights of property to any lot or lots which
may be purchased shall be vested by certificate of stock,
signed by the president and countersigned by the superin-
tendent, and shall be recordi d in a book to be kept by the
secretary for that purpose, where every transfer or assign-
ment shall be recorded.

§ 13. It shall be the duty of the secretary, on the or-
der of the president or any two directors, to call a meet-
ing of the members for the choice of officers or for the
transaction of any other kind of business which this act
authorises, by giving five days' public notice.

§ 14. The said corporation shall have power to estab-
lish and change by-laws and prescribe rules and regulations
for their government and the direction of their officers, pre-
scribe their duties and the management of its property
and affairs.

§ 15. The private property of the stockholders shall be
liable for all debts created by said corporation.

§ 16. No prior act of the general assembly of the state
of Illinois shall [be] deemed as contravening or control-
ling the provisions of this act.

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

Approved Feb. 15, 1855.

AN ACT authoFisin;;: the city of Warsaw to locate a cemetery for saiti
city and receive title to tLe same.

Uecoril plat.

Not subject to ex-
ecntlon.

Section 1. Be it enacted by the people of the state oj
Illinois, represented iyi the General >^f^semhly, That John
F. Charles is hereby authorised to survey, layout and ap-
propriate for a cemetery or burying ground, not exceeding
twenty-five acres of ground, in the city of Warsaw or
within one [mile] of the limits of said city, and shall de-
signate on the plat of said survey the name by which said
cemetery shall be known.

§ 2. The plat of said cemetery shall be acknowledged
by the said John F. Charles and recorded in the recorder's
office of Hancock county.

§ 3. That from and after the recording of said plat the
premises included in said cemetery shall not be subject to
execution or attachment, and shall be exempt from all
taxes whatever.

§ 4. If the said cemetery shall be laid out adjoining the
said city of Warsaw the same shall be annexed, upon the re-
cording of the plat thereof, to and form a part of said city.

445 1856.

§ 5. That the said John F. Charles be and he is here- convey to city,
by authorised to convey to the said city of Warsaw the
premises included in said cemetery or any part thereof, to
be held by the said city for the purposes of such burying
grouivd forever, on such terms and conditions as may be
agreed upon between the said John F. Charles and the
mayor and aldermen of said city; and the said city is
hereby authorised to accept and recieve the title of said
premises, to be held for the purposes and on the trust
aforesaid, and to sell and convey any lot or lots therein to
any purchaser or purchasers thereof.

Approved Feb. 15, lb55.

AN ACT to incorporate the Trible Family Cemetprv Association. m force Feb. u,

1855.

Section 1. Be it enacted by the people of the state oj
Illinois, represented in the General Asseinhly, Tliat John corporaVTo.
Trible, Sainucl Trible and John Trible, jr., and tlieir asso-
ciates and successors, be and they are hereby associated
a body corporate and politic, by the name and style of
*' The Trible Family Cemetery Association," and by that style.
name to have perpetual succession, and shall have, pos-
sess and be invested with all the powers, rights, privi-
leges and immunities incident to a corporate body.

§ 2. Said association shall have power to own and Re»i estate,
possess real estate, not exceeding ten acres, which shall
be exempt from taxation and sale on execution.

§ 3. The object of said associaton shall be exclusively Ob>e<;t8.
and solely to lay out and enclose and ornament a plat or
piece of ground, not exceeding ten acres, as aforesaid,
to be used as a burial place for the dead.

§ 4. The officers of this association shall be a presi- offlcerg.
dent, a treasurer, (who shall act as secretary,) and such
other officers as they may think proper, to be chosen from
among the corporators or otherwise, and in such manner as
may be provided by by-laws; the said president and treasu-
rer to be chosen annually and hold their offices until their T«naoj cm.c..
successors are chosen. Any neglect to choose officers on
the day fixed upon shall not operate as a forfeiture of
this act of incorporation.

§ 5. Said association shall have power to sell any pro- power to (.en.
portion of said burial ground by warranty deed, to be
signert by their president, and the proceeds arising from
such sales, after deducting all the expenses of purchasing
and laying out, shall be appropriated and used in improv-

1855

446

Annual meetings

ing and ornamenting the burial ground or in other objects
connected with this incorporation.,

§ 6. Every person holding any portion of the said bu-
rial grounds shall be entitled to one vote only. Absent
members shall have power to vote by proxy.

§ 7. The said company shall hold annual meetings for the
transaction of its business and shall have power to establish
and change by-laws and prescribe rules and regulations for
the governraunt and direction of its officers and the man-
agement of its property and affairs.

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

Approved Feb. 14, 1855.

In force Feb. 15, AN ACT to iiicorporale the Lee Centre Cemetery Association,

1866.

Secti o n 1 . Be it enacted by the people of the stale of Illi-
nois^ represented in the General Jlssenibly, That George

oorpoctors. £. Haskcll, Garret M. La Forge, Jacob Bodine, Moses
Crombie, David H. Birdsal, Ephraim Ingalls, Lot Chad-
wick, Abner P. Stimpson, Ransom Barnes, Leander C.
Sawyer and layman C. Wlieat, and their associates and
successors, be and they are hereby created a body corpo-

Nanieaud style, rate and politic, by the name and style of " The Lee Cen-
. tre Cemetery Association," in the town of Lee Centre, in
the county of Lee, and state of Illinois; and by that name
and style to have perpetual succession and all the powers,
rights, liabilities and immunities incident to a corporate
body.

Direetors § 2. The officers of said association shall be five di-

rectors and such other officers as by this act may be au-
thorised or created, each of whom shall be the owner of
one or more lots in the cemetery of said association. Said
directors, or a majority of them, in at! cases, shall consti-
tute a board for the transaction of all business and the
management of all property of said association, and shall

Annual eieotions be elected by ballot on the first Monda\' in March in each
year, and shall hold their offices until their successors are
elected.

ohoMe president. ^ 3. gaid board of directors shall choose from their own
numbe ra president and treasurer, and shall appoint from
the members of said association a secretary, sexton and such
other officers as the interest of said association may re-
quire. A bond with security shall be taken by said board
from said treasurer for the faithful discharge of the duties
of his office.

447 1856.

§ 4. At ?.1I elections of said association two of said Bierttoni.
directors shall act as judges and the secretary of the board
as clerk thereof; and said clerk shall within ten days after
each election, give to the persons chosen a certificate of
their election. Said board may, on giving ten days' pub-
lic notice thereof, hold a special election for filling the
vacancy or vacancies occasioned by the death, resigna-
tion or removal of any of said directors.

6 5. Every person having a title to one or more lots in Quaiiacationof
said cemetery shall be a member of said association and
entitled to one vote only. Absent members shall have
power to vote by proxy, authorised by writing, first filed
with the secretary of said board.

§ 6. Said board of directors shall have power to pur- General powers.
chase, receive by grant or otherwise and hold lands, not
exceedinpj twenty acres, for a cemetery, and to survey
and to lay out the same into lots suitable for the burial of
the dead. Also, to sell and convey the same, by certifi-
cate of purchase, signed and acknowledged by the presi-
dent and attested by tlie secretary, as hereinafter provi-
ded; and the purchasers thereof, their heirs and assigns,
shall use their said lots for burial purposes only.

§ 7. The proceeds arising from the sale of said lots Proceeds.
shall be applied by said directors in enclosing, protecting
and ornamenting said cemetery and in making such other
improvements thereon and for such other purposes for the
interest and objects of said associ ition as the said directors
may deem necessary or appropriate; and said board of di-
rectors shall have power to establish and change by-laws,
prescribe rules and regulations for the appointment, terms
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.

§ 8. Said association shall have a corporate seal, with Deeds, &c, to be

sued by pre?

such device and inscription thereon as may be determined jem!
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 said
corporate seal.

§ 9. Said board of directors shall cause to be kept Keep record.
and preserved, in a book or books provided by them for
that purpose, a full and complete record of all their meet-
ings, proceedings, orders, purchases and sales of property,
with the names of parties thereto; also, a complete register
of the burials in said cemetery, with the names and ages
of .the dead; which book of record, as well as other books
kept by the board of directors or their secretary, shall at
all times be open to inspection of the members of the as-
sociation.

1865.

448

Oi-rtiflcate,
traiiisteiTed

Plat to be mad

Kishtot property ^ 10. The Hght of property to any lot or lots in said
cemetery shall be vested in the purcliaser, by certificate of
purchase, signed by the president and attested by the sec-
retary and sealed hereintjfore provided, which certificate
bow 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 as-
singee and cancel the former. Lots owned by individuals
in said cemetery shall not be subject to be sold on execu-
tion for debt.

^11. A plat of said cemetery shall be made by some
competent surveyor under the direction of the said board
of directors, attested by the said surveyor and acknowl-
edged by the president of said association before any ofii-
cer authorised to take acknowledgment of deeds, and
when so attested and acknowledged shall be recorded in
the recorder's office of the said county of Lee, and state
of Illinois, and such recording shall give to the recorder
all the force, effect and virtue that is by law given to re-
cords of town lots.

§ 12. All the property and effects of this association
shall be exempt from taxation.

§ I . This act shall be considered a public act, and
shall be construed beneficially for all purposes herein
specified or intended; to be in force from and after its pas-

■xempt from
taxation.

sage.

Approved Feb. 15,

1855.

In force Feb. 1'-

(Corporators.

^^^

AN ACT to iiicorporata the Metropolitan Cemetery AsBOclation.

Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Jissembly^ That Wil-
liam Brown, G. S. Cully, John C. Burden, William !Mc-
Brian, Robert Russell, G. B. McKee, Isaac M. Kelly,
Martin Buson, J. C. Kidd, J. J. Crittenden, A. M.
L. McBane, Joseph W. Becker, Jacob Musselman, Wm.
V. McGee, John Carmichael and Aaron B. Brown and
their associates and successors be and they are hereby cre-
ated a body corporate and politic, by the name and style of
"The Metropolitan Cemetery Association," near the city
of Metropolis, in the county of Massac, and by that name
and style to have perpetual succession and all the powers,
rights, liabilities and immunities incident to a corporate
body.

§ 2. The officers of said association shall be nine di-
rectors and such other officerf as by this act may be au-

449 I860.

thorised or created, each of whom shall be the owner of
one or more lots in the cemetery of said association. Said
directors or a majority of them, in all cases, phall consti-
tute a board for the transaction of all business and the
management of all property of said association, and shall
be elected by ballot on the first Monday in Maj^ in each Elect direaors,
year, and shall hold their offices until their successors are
elected.

§ 3. Said board of directors shall choofe from their Appomi <,«!?«.
own number a president and treasurer, and shall appoint
from the members of said association secretary, sexton and
such other officers as the interests of said association may
require. A bond, with security, shall be taken by said
board from said treasurer for the faithful discharge of the
duties of his office.

§ 4. At all elections of said association two of said di- Eiectk-CT.
rectors shall act as judges and the secretary of the board
as chief clerk thereof; and said clerk shall, within ten days
after such election, give to the persons chosen a certificate
of their election. Said board may, on giving ten days'
public notice thereof, hold a special election for filling the
vacancy or vacancies occasioned by the death, resignation
or removal of any of said directors.

§ 5. Every person having a title to one or more lots in MeDibOT.
said cemetery shall be a member of said association and
entitled to one vote oiily. Absent members shall have
power to vote by proxy, authorised by writing first filed
with the secretary of said board.

§ 6. r^aid board of directors shall have power to pur- Maj receive lana
chase, receive by grant or otherwise and hold lands, not nation.
exceeding one hundred and sixty acres, for a cemetery,
and to survey and lay out the same into lots suitable for
the burial of the dead; also, to sell and convey the same
by certificate of purchase, signed and acknowledged by
the president and attested by the secretary, as hereinafter
provided; and the purchasers thereof, their heirs and as-
signs, shall use their said lots ior burial purposes only,

§ 7. The proceeds arising from the sale of said lots ProceeoB,
shall be applied by said directors in enclosing, protecting
and ornamenting said cemetery and in making such other
improvement thereon and for such other purposes for the
interest and objects of said association or to the payment
of the purchase money as the said directors may deem ne-
cessary or appropriate; and said board of directors shall
have power to establish and change by-laws, prescribe
rules and regulations for the appointment, terms of office,
duties and fees of their officers, the government of the as-
sociation and the general supervision and control of its
property. Said board may, for cause, remove any of the
officers of its appointment.
43

1865.

450

Deeds, &c., sign- § 8. Said associatioii 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 sl.all be signed by the
president, attested by the secretary and sealed with said
corporate seal.
Reoarfi. § 9. Said board of directors shall cause to be kept and

preserved in a book or books provided by them for that
purpose a full and complete record of all their meetings,
proceedings, orders, purchases and sales of property, with
the names of parties thereto; also, a complete register of
the burials in said cemetery, with tiie 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 inspection of the members of said as-
sociation.
a<^;i! of property § 10. The right of property to any lots in said cemetery
shall be vested in the purchaser by certificate of purchase,
signed by the president and attested by the secretary and
sealed as hereinbefore provided, which certificate shall be
recorded by the secretary. Every transfer of such certi-
ficate shall be made by surrendering the same to the sec-
retary, who shall issue a new certificate to the assignee
and cancel the former. Lots owned by individuals in said
cemetery shall not be subject to be sold on execution for
debt.

§ 11. A plat of said cemetery shall be made by some
competent person or surveyor under the direction of said i
board of directors, attested by the person or surveyor, and 1
acknowledged by tiie president of said association before any
officer authorised to take acknowledgments of deeds; and
when so attested and acknowledged sliail be recorded in the
recorder's office of said county of Massac, and state of Illi-
nois; and such recording shall give to the record all the force,
effect and virtue that is by law given to records of town plats.
§ 12. All the property and eifects of this association
shall be exempt fr m execution.

§ 13. It shall be the duty of the sexton, on the request
of the president or superintendent or of four members of
the association, to call a meeting of the association for the
election of officers or for the transaction of any business
which this act authorises and which does not properly come
under the control of the officers, by giving five days' pub-
lic notice.

§ 14. The said corporation shall have power to estab-
lish or make and change by-laws and regulations for their
government, the direction of their officers and the manage-
ment of i(s property and affairs not inconsistent with the
laws of this state or of the United States.

y. lie? and record

Exempt from ex-
ficution.

Sexton.

By-law*.

451 1866.

§ 15. This association shall have power to lease, for i-t-s? groniMi.
any limited time, a portion of said ground, not exceeding
four acres, on which to erect a school house or any public
building or buildings for sufch purpose or for the public use
of the city of Metropolis; and they may lease for any ordi-
nary use, from time to time, any unoccupied {)ortion of said
ground not required for the objects of this association.

§ 16. Tliat whatever rum any person may {.ave sub- s™^ 8iibscribe<i .
scribed and paid for purchasing and fencing said ground
shall be allowed him on payment of the purcliase money of
any family lot; and sufficient ground shall be reserved for
a potter's field or common burying ground, but which shall
remain under the superintendence of this association.

§ 17. This act shall be considered a public act, and
shall be construed beneficially for all the purposes herein
specified or intended. To be in force from and after its
passage.

Approved Feb. 16, 1855.

AN ACT to incorporate the Wi low Creek Cemetery Association.

Section 1. Be it enacted by the people of the slate of
Illinois^ represented in the General * tssetnhlij^ That Phin-
eas Atwood, John Robison, Lyman Taylor, Charles Has- corporatorsT
kin and Chauncy Waider and their associates, in the town
of Hariin, in the county of Winnebago, and their succes-
sors, be and tiiey are hereby constituted a body corporate
and politic, by the name and style of "The Willow Creek styu.
Cemetery Association," and by that name to have perpet-
ual succession; and shall have and possess and be inveifted
with all the powers, rights, privileges and immunities inci-
dent to a corporate body.

§ 2. Said association shall have power to own and pos- Reai estate.
sess real estate, not exceeding five acres, which shall be
exempt from taxation, attachment and execution.

§ 3. The object of said association shall be exrclusively objeci.
and solely to lay out and enclose and ornariient a plat or
piece of ground, not exceeding five acres, as aforesaid, to
be used as a burial place for the dead.

§ 4. The officers of this association shall be a presi- orao,:?.
dent, a treasurer, who shall act as secretary, a superin-
tendent and two trustees, who shall be chosen by ballot on
the first Monday of April next and biennially thereafter,
and shall hold their offices until their successors are elect-
ed. Any neglect to choose officers on the day fixed upon

*•

lt55.

4^2

I'.urial
laents.

VacnricJeB.

by this act shall not operate as a forfeiture of this act of
incorporation.
apart- ^ 5. Said association shall have power to lay out said
burial place into lots of suitable size for family burial apart-
niejits and sell and convey the same, by a certificate of pur-
clu se, signed by the president and countersigned by the
secretar); and every certificate of sale or transfer shall be
recotdeu Ly the secretary in a book to be kept by him for
that purpose. .

§ 6. The proceeds arising from the sale of said lots
sliall be paid into the treasury, to be appropriated accord-
ing to the^directions of said association.

§ 7. Every person owning an interest in said cemetery
shall be a member and entitled to one vote only. Absent
members may vote by proxy.

§ 8. It fchnil be the duty of the secretary, on the re-
quest of the president or the two trustees, to call a meet-
ing of the members for the choice of o"fficers to fill vacan-
cies or for the transaction of any business pertaining to
said association by giving ten days' public notice, in the
manner prescribed by said association.

§ 9. Tiie said corporation shall have power to estab-
lish and change by-laws and prescribe rules and regula-
tions for their government and the direction of their officers
and prescribe their duties and the management of their
property and affairs.

Approved Feb. 15,

In force Feb.
185S.

Corporators.

Style

Objects.

AN ACT to incorporate the Sparta renielery Association.

Section 1. Be it enacted by the people of the state of
It/mois, representvd in tlie General Jls^emhly^ That John
A. Wilson, William Rosborough, Thomas McCIurken, Jo-
seph Farnam, James A. Foster, Andrew Miller, Robert B.
Little, Joseph McHenry and William McCormack and
their associates, in the town of Sp irta, in tiie county of
Randolph, and their successors, be and they are hereby
constituted a body corporate and politic, by the name and
style of "The Sparta Cemetery Associatir>n," and by that
name shall have perpetual succession, and shall have all
the powers, rights, privileges, liabilities and immunities in-
cident to a corporate body.

§ 2. The object of said association shall be exclusively
to lay out, enclose, ornament and keep in repair a plat or
piece of ground, not exceeding forty acres, as aforesaid, to
be used as a burial place for the dead.

453 1855.

§ 3. Said association shall have power to hold real es- Reaicsta^.
tate, not exceeding forty acres, which shall be exempt
from taxation, from attachment and execution.

§ 4. Said association shall have power to lay out the Bu-iaiiUac^.
burial place into lots of suitable size for family burial de-
partments and sell, the same, the purchaser of w;;ich shall
use said lot as herein contemplated and for no other pur-
pose whatever.

§ 5. The proceeds of such sale and other funds which P; 'ccodv.
may come into the possession of the association* shall be
appropriated and used in purchasing and laying out the
grounds and in improving and ornamenting tlie same or in
other objects connected with the incorporation.

§ 6. The officers of this association shall consist of a officers.
president, a secretary, who shall also act as treasurer, and
three trustees, who shall hold their office for two years and
until their successors are elected. The election for offi-
cers shall be held on the first Monday of January, bienni-
ally, but any failure to elect officers at the proper time
shall not operate as a forfeiture of this act of incorpora-
tion.

§ 7. Every member holding one or more lots shall be a Members.
member and entitled to one vote only. Absent members
shall he entitled to vote by proxy.

§ 8. The right of property to any lot or lots v/hich may Right of property
be sold by said association shall be vested in the purcha-
ser by a certificate of purchase, signetl by the president
and countersigned by the secretary, and shall be recorded
in a book kept by the secretary for that purpose ', and ev-
ery transfer of such certificate shall be made by surrender-
ing the same to the secretary, who shall then issue a new
certificate and cancel the former. No person shall hold
more than two lots.

§ 9. The said corporation shall have power to make, By-iaw?.
establish and ch.ange by-lavv's and prescribe rules and reg-
ulations for the government of said, cemetery association
and its officers, and shall have power to raise upon an
assessment upon the owners of lots such sums as may be
necessary to keep the enclosing fences or walls in repair.

§ 10. It shall be the duty of the secretary, on order of caii a meeting.
the president or two of the trustees or any five of the mem-
bers, to call a meeting of the members for the choice of of-
ficers, if not elected at the biennial election, or to fill va-
cancies or for the transaction of any other business autho-
rised by this act by giving five days' public notice th.ereof.

§ 11. It shall be the duty of the trustees to have the TrusiscB.
general management and superintendence of the cemetery,
appoint a sexton and fix upon his compensation.

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

Approved Feb. 14, 1855.

1855. 454

Jc force Feb. 14. AN ACT to incorpornte the Mound Caroetery Association.

1855. ^ '

Section 1. Be it enacted by the people of the State of
Illinuis^ represented in the General Assembly^ That Hen-

corsx^i-fttois. ry D. Higinbotham, Asa McDunal, Calvin Seward, .James
C. Kirciieval, Senjamin F. Allen, Mary Jane Little, Elisha
Noble, William Norris, Andrew Lynk, John Cooper, John
Carl, John Greenwood, William Gonger, Margaret Whee-
ler, Uri Osgood, Barak Rudd, Sanford Rudd, Squire
Brown, Elizabeth German, Erastuss Rudd, their asso-
ciates, successors and assigns, be and they are hereby
created a body corporate and politic, by the name and

Style- style of " The Mound Cemetery Association," near the

city of Joliet, in the county of Will, and by the name of
" Mound Cemetery Association" shall have perpetual
succession and all the powers, rights, liabilities and immu-
nities incident to a corporate body.

Of*''®"- § 2. Tije officers of said association shall be tliree di-

rectors, one of whom shall be president, one secretary
and treasurer and one superintendeni of the cemetery
grounds, the position of each to be designated by said
directors, each of whom shall be the owner of one or more
lots. Said directors or a majority of them, in all cases,
shall constitute aboard for the transaction of all business
and the management of all property of said association,
jind shall be elected by ballot on the first Monday of March
in each year, and shall hold their offices until their suc-
cessors are elected. Until tlie first Monday of March,
1856, Benjamin F. Allen, Squire Brown and William Nor-
ris shail be directors of said association, when an election
shall be held at the court house, in Joliet, for directors of
said association, and thereafter at such place as the di-
rectors may deignate.

Board of director* ^ 3. That the board of directors shall select from the
members of said association such other officers as are not
herein provided for as the interests of said association
shall require. The board of directors may require their
treasurer to give bond, with security for the faithful dis-
charge of his duties, if they think proper or necessary.

offlwi, (jf eioo- ^ 4. At all elections of said association two of said
directors 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 certificate

vaoincies. of their election. When a vacancy shall occur in the

board of directors for any cause the remaining director or
directors shail fill such vacancy till the end of the year
from among the members of this association.

.Mfuaeiu. ^ 5 Every person having a title of one or more lots

in said cemetery shall be a member of said a.~sociation
and entitled to one vote onlv. Absent members sliall have

455 1855.

power to vote by proxy, authorised by writing first filed
with the secretary oF said board.

6 6. That said association shall, snbiect to a deed of con- "^ed < f cormy-
veyafice for the same, of date October ninth, 1864, from'
Heyy D, Higinbotham and wife, and recorded in the re-
coraer's office of Will county, commencing on page 408, of
book 36, have and hold for burial purposes the following de-
scribed land, being in Will county, and state ot Illinois, to
wit: Commencing near the south-east corner of section Boundanw.
twelve (12), in townsliip thirty-five (35) north, of range
ten (10) east of the third priiicipa! meridian, at a point
eighteen liundred and eighteen feet (1818) north from the
south line of said section twelve and twenty-five feet west
(25) from the east line of said section, and running thence
west one hundred and ninety-eight feet, (198,) thence
north one hundred aiid forty feet, (140,) thence east one
nundrcd and ninety-eight feet, (198,) thence south one
hundred and forty feet to the place of beginning; also,
they shall have the power to acquire, by purchase or oth-
erwise, additional lands, to an amount not exceeding in
all twelve acres, and to lay the same off into lots and al-
leys suitable for tlie burial of the dead; also, to sell and
convey, by certificate of purchase, anv lot or lots not now ccrtificatos «{
conveyed or reserved, which certmcates or purciiase shall
be signed and acknowledged by the president and attest-
ed by the secretary as hereinafter provided; and the
purchasers thereof and the owners of any lots at this time,
their heas and assigns, shall use their said lots for burial
purp ises only.

§ 7. The proceeds arising from the sale of said lots ProcedSf.
sha.! be applied by said directors iu enclosing, protecting
and ornamenting said cemetery; and said board cf direc-
tors shall hare power to establish and change by-laws,
prescribe rules and regulations for the government of the
association and the general supervision and control of its
property.

§ 8. Said association shall have a corporate seal, with pr. si eai w «»•-
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 and attested by the secretary, with or without
the corporate seal.

§ 9. Said board of directors shall cause to be kept Keep r^ford.
and preserved in a book or books provided by them for
that purpose a full and complete record of all their meet-
ings, proceedings, orders, purchases and sales of property,
with the names of parties thereto; also, a complete regis-
ter of the burials heretofore made, as near as may be, and
hereafter to be made iu said cemetery, vrith the names and
ages of the dead; which book of record, as well as all

1855.

Right of property

Rxempt
sale on execu
Uon.

iW]'lUionallai<

ISxempt fronj

other books kept by the board of directois or tlieir secre-
tary, shall at all times be open for the inspection of the
members of said association.

§ 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
^jecretary, witii or without the corporate seal, as herein-
before provided, which certificate 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
from former. Lots owned by individuals in said cemetery shall
not be subject to be sold on execution for debt.

§ 11. In case said association shall require any addi-
tional lands besides those hereinbefore described they shall
be fully authorised to have the same surveyed, laid off into
lots and alleys, platted and recorded in the same manner
that town plats are, and may sell the same as herein pro-
vided for burial purposes only.

§ 12. All the property and effects of this association
shall be exempt from taxation.

§ 13. This act shall be taken and considered a public
act, and shall be construed beneficially for all purposes
herein specified or intended, and shall be in force from and
after its passage.

Approved Feb. 14th, 1855.

"In force Feb. 14, ' AN ACT to incoporate the Cedarville Cemetery Association.

1865.

Section 1. Be it enacted by the people of the state oj
Illinois^ represented in the General Assembly, That Josiah

Corporators. CiingiTian, Johu H. Adams, Peter Wooding, John Monte-
lius and John Wilson and their associates and successors
be and they are hereby created a body corporate and pol-
itic, by the name and style of " The Cedarville Cemetery
Association," located in the town of Buckeye, Stephen-
son county, and by that name and style to have perpetual
succession and all the powers, rights, liabilities and immu-
nities incident to a corporate body.

»irect»M. § 2. The officers of said association shall be five di-

rectors and such other officers as by this act may be au-
tliorised or created, each of whom shall be the owner of
one or more lots in the cemetery of said association.
Said directors or a majority of tliera, in all cases, shall
constitute a board for the transaction of business and the

457 1855.

management of all the property of said association, and
shall be elected by ballot on the first Saturday of April,
biennially, and shall hold their offices until their succes-
sors are elected.

§ 3. Said board of directors shall choose from their Presirtent.
own number a president and treasurer, who shall also be
secretary, and shall have power to appo ntsuch other offi-
cers as the interest of said association may require. Said
treasurer shall give a bond, with security, for the faithful
discharge of his duty, if required by the said board.

§ 4. At all elections of said association two of said Judges ot eie»-
directors shall act as judges and the secretary a^ clerk
thereof, if present. In case of absence of the directors
and secretary the members of the association may elect
the judges and clerk from their own number. Said board
may fill vacancies occasioned by the death, resignation or
removal of any of said directors.

§ 5. Every person having title to one or more lots in MembcrB.
said cemetery shall be a member of said association and
entitled to one vote only.

§ 6. Said board of directors shall have power to pur- ^^°<^^'
chase, receive by grant or otherwise and hold lands, not
exceeding ten acres, for a cemetery, and to lay out the
same into lots suitable for the burial of the dead, and also
to sell and convey the same, by certificates of purchase,
signed by the president and attested by the secretary ;
and the purchasers thereof, their heirs and assigns, shall
use their said lots for burial purposes only.

§ 7. Tiie proceeds arising from the sale of said lots Proved*,
shall be applied by said directors in making such improve-
ments upon said cemetery as they shall think necessary
or appropriate; and said board of directors shall have '
power to establish and change by-laws, prescribe rules and
regulations for the appointment, term ol office, duties and
fees of their offices, the government of the association
and the general supervision and control of its property.
Said board may, for cause, remove auy of the officers of
its appointment.

§ 8. All deeds and other writings made or issued by President to sigK
said association shall be signed by the president and at-
• tested by the secretary.

§ 9. Said directors shall cause to be kept and pre- Keep record.
served in a book or books provided by them for the pur-
pose a full and complete record of ail their meetings, or-
ders, purchases and sales of property, with the namys of
parties thereto; also a complete register of the burials in
said cemetery; which book of record shall at all times be
open for the inspection of the members of the association
and under the control of said board of directors.

1865.

458

Kighto/ property § 10, The right of property to any lot or lots in said
cemetery sliall be vested in the purchaser by certificate of
purchase, siojned by the president and attested by the
secretary, which certificate shall be made by surrendering
the same to the secretary, who shall thereupon issue a
new certificate to the assignee and cancel the former.
No person shall hold title to more that two lots.

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

Approved Feb. 14, 1855.

lu force Feb. 6,
1865.

AlN ACT to incorporate the Carbondale Cemetery Association.

Corporators.

atria.

Object.

Section 1. Be if enacted hy the people of the state of
lllinnis^ represented in the General JJssenibly, That Wil-
liam Richart, Asgill Conner and Daniel H. Brush and their
associates be and they are hereby made and constituted a
body corporate and politic, by the name and style of "The
Carbondale Cemetery Association," and by that name to
have perpetual succession and all the franchises, powers,
privileges, rights and iramuiiities, together with the liabili-
ties, incident in law to a corporate body.

g 2. Said association shall have power to own and
possess real estate, not exceeding ten acres, which shall
be exempt from taxation and sale on execution.

§ 3. The object of paid association shall be exclusively
and solely to lay out, enclose, ornament and keep in re-
pair a plat or piece of ground, reserved and set apart for
a cemetery by the proprietors of the town of Carbondale,
designated on the plat of the out lots of said towm as out
lot number thirty-three, and such other ground in or about
said town as may be acquired by grant, purchase or other-
wise, not exceeding the quantity aforesaid, to be used for
cemetery purposes.

§ 4. The officers of said corporation sliall be a board
of directors, three in number, who shall be elected bien-
nially, by ballo on the first Monday of March in every
second year, whc ^hall hold their offices until their succes-
sscretai? and sors are elected a. d qualified, a secretary (who shall act as
,. ^ treasurer), and such other officers and agents, being mem-

bers of said corporation, as may from time to time, by the
by-laws of said corporation, be requlied, shall be ajtpoini-
ed by said board of directors, who shall hold their offices
until tlieir successors are appointed, and who may be re-
moved from office by said board of directors for any mal-
feasance or 'neglect of duty, and may be required to give

Board of directors

Term of office.

other officers.

459 1855.

bond to the corporation in such sums as by such by-laws

may be provided, witii security, to be approved by the said

board of directors, conditioned for the faithful discharge

of their respective duties : Provided, the above named Proviso.

corporators shall constitute the first board of directors.

The said board of directors shall appoint one of their Presidew.

number president; and from and after such appointment of

president the said corporation shall be taken and held to

be duly organised. ,

§ 5. The manner and place of holding the first elec- Election,
ti . under this act shall be determined by tlie above
named corporators or a majority of them. Subsequent By-iaw«.
elections shall be held at such place and be conducted as
tlie by-laws of said corporation may provide. Special
elections may be held, on the order of the president, for
the purpose of filling vacancies.

§ 6. Every person having a title to one or more lots Memb«r«.
in the cemetery authorised by this act shall be a member of
the said incorporation and entitled to ore vote only. Ab-
sent members may vote by proxy, in writing, to be filed
with the secretary.

§ 7. Said board of directors shall cau^e the lands so Lands to be jaw

1 •! • n • ^ \ 1 • f £C ofl into lots.

acquired by said corporation, as aforesaid, to be laiu oft
into lots, avenues, streets, alleys and v.^a]ks, as by the by-
laws of said corporation may be prescribed, and cause an
accurate plat thereof to be made, which sliali be tested by
the surveyor, subscribed by the president and by him ac-
knowledged before any officer authorised to take acknow-
ledgments of deeds; and when so attested and subscribed
shall be recorded in the recorder's office of Jackson coun- Piat to be record-
ty; and such recording shall give to the said survey and
record all the A-irtue, force and effect that is given by law ^

to the recording of town plats.

^ 8. Said corporation may make and establish all such By-iaws.
by-laws and regulations as are not inconsistent with the
laws and constitution of this state and of the United rUates
for the government of its officers and the management of '

its affairs.

§ 9. The lots so laid out, as aforesaid, in said cemete- seii and eonve?
ry, for the burial of the dead, may be sold by the said di-
rectors at a valuation to be fixed by the said board, and
conveyed to the purchaser or purchasers thereof by cer-
tificate of purchase, signed by the president, attested by
the secretary and bearing the seal of the corporation and
recorded by the secretary in a book to be kept for that
purpose by said board; and said lots so sold as aforesaid
shall be used for the burial of the dead aad for no other
purpose; and to that end shall be under the exclusive
control of tiie owner or owners thereof, subject, however,
to such rules and regulations in relation to the same as

1855.

460

rraasfer of lots.

P«Qaltsr.

Damaged.

said corporation may, by its by-laws, provide; and the
owners of such lots may transfer the ^ame, in manner
and form in the said by-laws to be from time to time pro-
vided. No person shall hold more than two lots.

§ 10. Tliat if any person or persons shall at any time
trespass upon the said lands so as aforesaid acquired by said
corporation or upon any lot or lots so as aforesaid sold aiid
transferred to any individual, .such trespasser or trespas-
sers shall, upon conviction, be adjudged to pay to the said
corporation or to said individual, as the case may b •,
three fold the amount of tlie damage done by such ties-
passer or trespassers, which damage shall be ascertained
by tiie verdict of a jury, and shall, moreover, be liable to
a public prosecution, according to the nature of the of-
fen-^e; and all fines and penalties by law incurred for any
violation of the law whatever or in relation to the said
lands and lots shall, when collected, be paid into the treas-
ury of said corporation.

§ 11. The funds of said corporation, arising from the
sale of lots in said cemetery or from any other source,
shall be applied, after all debts of said corporation shall
have been fully paid, to enclosing, ornamenting, improving
and beautifying said cemetery grounds, in such manner
as the board of directors shall order.

§ 12. This act shall be taken and held to be a public
act, and shall be favorably construed in all courts and
places for the objects herein contemplated, and shall take
effect and be in force from and after its passage.

Approved Feb. 6, 1855.

m force Feb. U,
1865.

AN ACT to incorporate (be Springdale Cemetery Association.

Ckvrporators.

Styl

Section 1. Be it enacted by the people of the state of
Illinois, represented in the Gen(^ral*rhsembly^ That Tliomas
Baldwin, Harvey Lightner, William A. Hall and Onslow
Peters and their associates, successors and assigns be and
they hereby are created a body corporate and politic, un-
der tlie name and style of "The Springdale Cemetery As-
sociation," and by that name shall have perpetual succes-
aenemi powers, sion, and be and they hereby are made capable in law and
equity to sue and be sued, plead and be impleaded, defend
and be defended in any court of law or equity in this state
or elsewhere; to have and use a common seal, and ttie same
to renew and alter at pleasure; to contract or be contract-
ed witli; to take and hold land in fee simple an.; personal

461 1855.

property, and to s.ell, dispose of and convey the same; and
shall be and arc hereby vested with all powers, privileges
and immunities which are or may be necessary to carry
into effect the purposes and objects of this act, as herein-
after set forth, and to do all snch other acts and things as
are incident to a corporation and not in conflict with the
constitution and laws of this state or of the United States.

§ 2. The affairs of the corporation shall be managed by Board of director*
a board of directors, consisting of not less than three nor
more than five persons, and who shall be members oi' the
corporation and be elected annually, by ballot, and hold
their offices until their successors shall be elected and
qualified. The annual election shall be on the first Satur-
day of January in each year, but the corporation may, by
its by-laws, fix any other time for the annual election. The First election,
first election of directors may be had at any time alter the
passage of this act, on six days' notice, in writing, being
given to each of the members of the corporation of the time
and place of meeting. Said notice may be given by any
two of the persons abovenamed, and the directors so elect-
ed shall hold their offices until the next annual election and
until their successors shall be elected and qualified.

§ 3. The corporation may, by its by-laws, provide for Term oi office. ;
other officers of the corporation and prescribe the manner
of their election or appointment and define their term of
office and duties.

§ 4. The board of directors shall appoint a president of President,
the board, who shall also be president of the corporation;
and the board shall also appoint a secretary and treasurer, secretary.
who shall hold their respective offices for one year and un- Term of office.
til their successors shall be appointed and qualified. The
several officers herein named shall perform the duties usu-
ally implied by such offices and such as shall be prescribed
by the by-laws of the corporation. The treasurer shall Givebond.
give bond to the president of the corporation and his suc-
cessors in office in such sum as shall be fixed by the by-
laws, conditioned for the faithful performance of his duties,
and with such other conditions as shall be prescribed by
the by-laws. The corporation may also require by its by- By-iawa.
laws any other of its officers to give bond, in such sum and
with such conditions as shall be necessary to protect the
rights of the corporation and of individuals; and upon the
breach of the condition of either of such bonds the pres-
ident for the time being may bring suit thereon in any
court having jurisidiction and prosecute the same to final
judgment and execution. In case of a vacancy occurring
in the board of directors between the times of the annual vacancies fined,
meetings the remaining members of the board shall have
power to fill such vacancy until the next election of di-
rectors by the appointment of some suitable person, a
member of the corporation, to fill the vacancy. A mt-

185b. 462

joi'ity of the board of directors shall constitute a quorum
for the transaction of business, unless the corporation shall
otherwise provide by its by-laws.
Seal estate. §5. Tlie Corporation shall havc ^owcr to take and hold

by purchase, gift, grant, devise or otherwise any quantity
' of land in the county of Peoria, not exceeding ihree hun-

dred acres, for the sole purpose of a Cenjetery and the in-
terment of the dead; and when the corporation shall have
acquired such land and the title thereto shall have vested
in it or in trustees for its use and benefit for cemetery pur-
Bxempt from poses'j as Contemplated by' this act, the same shall be for-
l^mem!"^^ *"' cvcr thereafter exempt from all assessments ani^ taxation
and from seizure and sale on execution or by any order or
decree of any court and from any appropriation. of the same
or any part thereof for public uses or purposes; and the bu-
rial lots into which the land may be divided shall also be
exempt from all assessments, taxation and seizure or sale
upon execution or by any order or decree of any court and
from any ap})ropriation to public purposes, whether the said
lots shall be held and owned by the said corporation or its
i*ot to be nseri for grautccs or assigns. The corporation shall have no power
ccmeterypurpo"^ to Sell, alienate or in any way convey or appropriate the
•"*• said land for any other than cemetery purpose?, nor shall

owners of lots have power to alienate, convey or in any
way appropriate any of the lots on said land for any other
Proviso. use or purpose than for the interment of the dead : Provi-

ded^ however^ that the corporation may mortga :e or con-
vey in trust any part of said land which shall not be laid
out in lots for the purpose of raising and securing money
to pay the expenses of laying out, fencing and improving
said land and fitting it for cemetery purposes and to defray
the expenses of the association ; but no lots on the part of
the land so mortgaged or conveyed in trust shall be sold
and conveyed by the corporation until the mortgage or
trust deed shall be, as to such lots, discharged, so as to be
no incumbrance on such lots.
OouTeyMice, bow ^ 6. 'Ihe Conveyance of lots from the corporation to
™* ^' individuals may be by a deed of the president, under his

hand and the seal of the corporation, or such sale may be
evidenced by certificate, signed by the president and coun-
tersigned by the secretary, under the seal of the corpora-
tion, specifying that such person is the owner of the lot ;
and such certificate shall vest in tiie proprietor, his heirs
or assigns, a fee simple in such lot, but for the sole pur-
pose of interment of the dead, under the provisions of this
act and the rules and regulations of the corporation. The
secretary, in a book to be by him kept for that purpose,
shall enter therein a full memorandum of all lots sold, when
and to whom sold and the date of the deed or certificate
conveying the same.

463 - 1866.

§ 7. The corporation shall cause a plat to be made Piat to bemad*,
of the land to be laid out into lots for interiBcnt, de-
signating such lot by consiscutive numbers for conveni-
ent selection and description; which plat shall also exhibit
the walks, avenues, alleys and' carriage ways on said land.
The plat shall be recorded by the secretary in the books Kecordpiat.
of the corporation, and the original or a true copy thereof
shall be lodgefl with and kept by him, and be open to tlje
inspection of the several corporators and all owners ot lots.
The plat or plats sliall also be recorded in the recorder's
cilice of the county of Peoria : Provided^ however^ that the proviso.
corporation shall not be required to lay out and make a
plat of the whole ot said land before proceeding to sell and
convey lots to purchasers; but when a portion thereof, not
less than twenty acres, shall be laid out and prepared for
interment and a .plat thereof made and recorded, as herein
provided, the corporation may proceed to sell lots and give
deeds and certificates therefor; and plats of other parts of
the iand may afterwards be made and recorded, as the funds
of the corporation shall enable it to lay out, grade and pre-
pare it for interment until the whole land shall be laid
out, graded and prepared for interment and plats thereof
made and recorded.

§ 8. Lot owners may alienate a whole lot, but no lot Lot owners.
or parts of a lot shall be so alienated thatdiiFerent persons
may hold the same or parts thereof in severalty; but no-
thing in this section contained sliall prohibit any two or
more persons from being the owners of a lot as tenants in Tenants m eom-
common. The mode of transferring or conveying lot.< by one ™°°'
purchaser to another shall be by deed, and the secretary,
upon such deed being filed with him. shall enter upon the
book of the corporation in which entries of certificates of
sale are made, as in this act is provided, the date of the deed,
a description of the lot, from whom and to whom the con-
veyance is made, and the time of filing the deed. Such deed Ri^htaud tvie.
shall vest all the right and til;Ie of the grantor in the lot in
the grantee, his heirs and assigns. The entries of the sec- Evidence.
retary in the books of the company shall be evidence in
all courts of the facts stated in such entries.

§ 9. The corporation shall proceed to clear, prepare ciear and j«y ont
for interment and lay out the said land into lots, alleys, ^'^°"" '"
avenues and carriage v/a\s, to tlie extent of at least twen-
ty acres, as soon as practicable, and shall from time to time
lay out and prepare for interment in the same manner oth-
er portions of said land, as it shall be required for the
purpose of interment, and as the funds of the corporation
will justify.

§ iO. Out of the proceeds of the sales of lots the cor- Proceeds.
poration may first pay the purchase money of the land
purchased for cemetery purposes and the expenses of

1865.

464

aig t of way.

Wot to lay out
public roails o-
ver tUe land.

grading, laying out and fencing the same and all necessary
incidental expenses, with interest; and after the payment
of such purchase money, expenses and interest the cor-
poration shall provide, by its by-laws, for appropriations
out of the proceeds of sales of lots to keep the grounds in
repair and in good order : Provided, however, that nothing
herein contained shall make it requisite for the corpora-
tion to pay the whole of such purchase money, expenses
and interest before extending the laying out, grading and
platting other parts or portions of said land from time to
time as said corporation shall deem it necessary and pro-
per.

§ 11. Lot owners shall at all times have a right of way
over any roads or ways provided by the corporation lead-
ing to said land, and also to pass and repass over any of
the alleys, avenues and carriage ways on said land in con-
formity to the rules and regulations of the corporation.

§ 12. No public road or highway shall ever be laid
out or located over or upon the said land, nor in any way
shall any of said land be taken or condemned for any pub-
lic use v/hatsoever.

§ 1.3. Thft members of the corporation, after its or-
ganization, shall consist of not less than five nor more than
fifteen persons. The corporation, after its organization
under this act, may determine the manner in which per-
sons may become members and regulate the mode of
tranferring and conveying the shares or interest of its mem-
bers.

§ 14. In case of the decease of any member of the cor-
poration intestate, or if testate failing to dispose of his or
her share or interest in the said land so that the same shall
descend to several of his heirs or personal representa-
tives, the persons so taking such shares or interest shall
be tenants in common of such share or interest, and may
depute and authorise one of their number to act in their
behalf in the meetings and the affairs of the corporation;
and the person so deputed shall have all the powers of
any other member. The proper courts having jurisdic-
tion to order or decree sales of estates of decedents
may, on the petition of one of the persons who take the
sliare or interest of a deceased member, order the sale of
the whole of the share or interest of the decedent in
the same manner that the estates of deceased persons
are sold for the payment of debts; and the said courts
couii to deter- shall euquirc into and determine what part, if any, of the
lrf'"proceeds^"f proceeds of such sales shall be paid to such corporation
on account of the claim, legal or equitable, of the corpo-
ration against sucIj share or interest to pay any debts or
to contrioute to the funds of the corporation. The resi-
due, after paying the costs and expenses of the proceed-

Daceaso of mem
bws.

Tenants In com
nwu.

gales shall be ap-
plied.

465 1855.

ings and of the sale, shall be paid over to the persons
entitled thereto as such heirs cr personal representatives;
but in no case shall there be a partition among such heirs
and tenants in common of any share or interest, but the
same shall remain an ejjtiiety tor ail purposes of the busi-
ness of the corporation : Provided^ however^ thai if seve- provis...
ral persons become the joint ov^ners of any share or inter-
est by descent or othervv^ise each joint owner may convey
his interest therein to any one of the co-tenants.

§ 15. It is hereby declared that the title to said land, Tuie vested in
when the terms and provisions of this act shall be com-
plied with, shall be vested in the corporation as a trustee,
and the corporation shall hold the same in trust for the
purpose of interment and a repository for the dead forever;
and the said corporation and the members thereof are here-
by forever prohibited from selling, conveying in any way,
alienating or appropriating any partof tiie land so laid out
and platted as herein provided, for any other use or pur-
pose whatsoever than is contemplated by this act.

§ 15. Any person who sliall willfully destroy, injure or penalty.
remove any tomb or monument or any grave stone placed
in oaid cemetery, c shall willfully remove, destroy, cut.
break or injure any fence around or any railing, fence, tree,
shrub or plant within the limits of said cemetery, or shall
shoot off or discharge any gun or other firearms within the
said limits shall be deemed guilty of a misdemeanor, and
shall, upon conviction thereof before any justice of the
peace in the county of Peoria, be fined not les? than five
dollars nor more than one hundred dollars, according to
the nature and aggravation of the offense; and the court
before whom the conviction is had may, in its discretion,
make an order, as part of its judgment, that the defendant
shall be committed to and confined in the common jail of
the county till the fine and costs shall be paid; and such
offender shall also be liable to an action of trespass, to be
brought before any justice of the peace or court of com-
petent jurisdiction, in the name of said corporation, to re-
cover all damages sustained by his or her unlawful act or
acts; and the amount of the fine or the damages, when re-
covered and collected, shall 'e j)aid over to the corpora-
tion or its proper officer, to be used to repair or restore
the property destroyed or injured or for such other purpose
as +he corporation or its board of directors shall determine;
and in such suits and prosecution members of the corpo-
ration shall be competent witnesses.

^ 16. It shall be lawful for said corporation to take and Grants, be-iuestn
hold any grant or bequest of money or property in trust, **'
and to apply the same or the income thereof, under the di-
re ction of the board of directors, for the improvement of
said cemetery or any portion thereof or in the erection and
44

How. 466

preservation of any tomb or nionuraent, according to the
terms of any such grant or bequest; and any court having
equity jurisdiction for the county of Peoria sliall have pow-
er to compel the performance of any such trust.
penaity for open- § 17. Any persoH who shall willfully open any tomb,
vault or grave within tlu; limits of said cemetery, for the
purpose of robbing or taking from such tomb, vault or grave
any of the clothes or materials placed therein with the
corpse, or who shall remove any body from said cemetery
for the purpose of dissection, or shall knowingly receive
any such body after its removal, together with all aiders |
ap.d abetters, shall be deemed guilty of felony, and upon |
indictment and conviction therefor shall be punished by
iinpri-!onment in the penitentiary for a term not less than
one year nor more t!ian three years.

§ 18. This act is declared to be a public law, and shall |
take effect and b'^ in force from and after its passage.

Approved Feb. 14, 1855.

In force Feb. 12, AN ACT to amend an act in relation to the Lawrenceville ar.d Wabasti
'^^* Piank Road Company, approved Febru;;ry 8th, 1853.

Section 1. Be it enacted by the people oj' the state oj
Illinois, represented in the General Jissembly, That so
Act repealed, much of an act as relates to and authorises said company
to collect tolls upon said roLd where said road is not
planked be and is hereby repealed.
Beport Gon-tuioni § 2. The couuty court of Lawrence county are here-
of roau. j^y required to appoint three citizens of said county, not
stocklioiders in said road, whose duty it shall be to ex-
amine said road semi-annually and report the condition of
sail road to the county court; and if said road is found at
any time to be out of repair it shall be the duty of the
county court to notify the president or secretary of said
company of th-. condition of said road, and if said compa-
ny shall neglect for the space of one month to repair said
road they thereby forfeit tiieir right to collect tolls on any
part of said road until it shall be repaired and reported so
by said commissioners to the county court.

§ 3. The aforesaid commissioners shall immediately
proceed to the discharge of their duties upon being noti-
fied of their appointment, and upon failing so to do they
shall forfeit and pay to the county the sum of ten dollars

467 1855.

each; and said commissioners shall be paid two dollars
per day for their services out of the county treasury.

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

Approved Feb. 12, 1855.

AN ACr for the relief of the Collinsvillt.' Plank Road Company. in foroeFeb. i6,

18o6.

[Section 1.] Be it enacted by the people of the state oj
Illinois, represented in the General *dssemhly, That tiie
Collinsvilie PJank Road Company organized under the
general piank road law of this state be allowed five years
from and after the passage of this act within which to
complete the construction of their plank road, as contem-
plated in their articles of association, anything in said gen-
eral plank road law or any act amendatory thereto or in
the proceedings of said compa n} to the contrary notwith
standing.

This act to be in force from and afier the date of its
passage.

Approved Feb. 15, 1855.

AN AC r to amend an act to aid the Jonesboro Piank Road Company. in force Feb. 14,

1866.

Section 1. Be it enacted by the people of the state oj
Illinois, represented in the General Assembly, That the
Jonesboro Plank Road Comj)any be and they are hereby power t.. alter,
autliorised and empowered to alter and change their said t^^JJ^*^ """^ ^^'
road so as to construct anJ keep the same in repair with
gravel or broken stone in such parts thereof as they shall
d em proper, and may extend tne same from time to time
with gravel or plank, and erect toll gates at convenient dis-
tances and charge and collect tolls in addition to the tolls
now fixed by law, in proportion to the length of the parts
of said road so added.

§ 2. Tliatthe inspectors appointed by the county court inspectors,
of Union county to inspect the Jonesboro plank road be
required, when any one additional mile of extension of
said road shall be completed, to inspect the same, as re-

IJ»55. 468

quired by the twenty-fifth section of " An act to provide
for the construction of plank roacis by a general law."

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

Approved Feb. 14, 1855.

infjiv Feb. 14, AN ACT to Buthoiise Andrew Eisenmayer and hi^■ associates to bnilri as
1855. Plank Road acioss the KaskasUia river bottom, and for other pui poses,

Section 1. Be it enacted by the people of the state of
Illinois, represented in the General ^Issembly, Tliat An--
Konte. drew Eisenmayer and his associates and assigns be and are'

hereby authorised to build a plank road through Kaskas-
kia river bottom, in the county of Washington, through
section sixteen (16) and twenty-two, (22,) town one (1)
south, range five (5) west, on or near the present Belle-
ville and Shawneetown road, in connection with the ferry
MMdieion- ferry, known as Middleton's ferry, now belonging to the said
Andrew Eisenmayer, on lots numbered five (5) and six,
(6,) in section sixteen, (16,) town one ( I) south, range
live (6) west, in Clinton county.

§ 2. Said Andrew Eisenmayer and associates or as-
' signs shall build said plank road, with the necessary bridges
across the sloughs, of good material and in a substantial
manner, so as \o admit the safe passage of wagons and
vehicles and cattle of all descriptions, and shall commence
Time of compie- the Construction of the same within two and have the samet
*'""• completed within five years from the passage of this act.f

T.igatej § 3. At each end of said plank road the said Andrew*

Eibenmayer and his associates, heirs and assigns are here-
by authorised to place a toll gate, where toll may be ask-
ed, demanded and received by said Andrew Eisenmayer,"
his agents, associates, heirs or asigns.
ueguiate rates of § 4. The county court of Washington county shall fix^
^'''■- and establish, by agreement with the said Eisenmayer, to

be entered int> before the commencement of the said
plank road and the work thereon, the rates of toll to be
charged upon the same, which said rate shall not be low-
ered during the term of this charter; and at tiie expira-
tion of the same the county of Washington shall have the
right to purchase the said plank road at its actual cost for
Not to impose coustruction; but the said county court shall not impose
anyucense. ^^^, liceusc tax upou the Said ferry privilege if the said
Eisenmayer, his associates, heirs or assigns shall construct
the said plank road as provided by this charter, any law
to the contrary notwithstanding.

469 1855

§ 5. Whenever the said Andrew Eisenmayer, his as- May use sutt or
sociates, iieir? or assigns, shall commence the construction '=°""^y ■''""'•
of said plank road, he or they shall and may have and use
so much of the state or county road and county and state
lands o>i said location in said township as he or they may
wish to appropriate to their use, free of charge; and when-
ever one-half mile of said plank road shall be completed
on botii or either side of said river, so as to make the haul-
ing thereon safe, easy and permanent, he or they may es-
tablish a toll gate thereon and take such toll as may be in
proportion to tlie toll charged and agreed upon as afore-
said. ^

§ 6. It shall be lawful for said Eisenmayer to unite his mionwitk other
said road with any other plank road company which may be
hereafter incorporated by any law in this state; and if at
any time the said Andrew Eisenmayer be desirous of as-
sociating any person or persons with him for the purposes
expressed iu tliis act It shall be lawful for him and asso-
ciates to form themselves into a joint company, by the joint conn any.
name and style of " Okaw Ferry Company," with a cap- stvie.
ital, not to exceed forty thousand dollars; to appoint offi-
cers to conduct the affairs of the same; to issue certifi-
cates lor the respective amounts each individual may be General puwtrt.
entitled to, and to divide the stock into shares of one liun-
dred dollars each, and to pass all necessary by-laws for
transfering stock and regulating the operations of said
joinst stock company in prosecuting and completing the
object herein expressed, which may be in accordance to
the lav/s and constitution of this state; and in the above
name and style to sue and be sued to final judgment, an-
swer and be an'^wered, prosecute and defend in all courts
of justice; to purchase, sell and hold real and personal es-
tate in any amount, not to exceed ihe capital stock here-
inbefore stated, and to have and use a common seal in the
transaction of the business of said joint stock company.

§ 7. Said Andrew Eisenmayer, his associates, their Power to .n-
heirs and assigns are hereby authorised and empowered **^"'*^'*
to acquire and appropriate to their use to carry out the
object of this act any land, timber, stone, gravel which
may be deemed necessary for the use and construction of
said road or ferry, and when the same cannot be obtained
by con,sent of the owner or owners upon reasonable terms
the same shall be valued and estimated in manner provi-
ded by law for the recovery of damages happening by the Estimate <iamii.
laying out of highways, but in no case shall the appeal ^®^*
cause supension of laying out or appropriating the same
when the law referred to has 'leen complied with.

§ 8. And the said Andrew Eisenmayer and his asso- Exclusive i-iv:-

Iciates, their heirs and assigns shall have the exclusive '*^^'
privilege of ferrying said Kaskaskia river for the distance

IS55.

470

Term of years.

Disposition
funds.

of three miles up and three miles down the river or from
said lots five and six, in section sixteen, (i6,) town one
south, range five west, in Clinton county, for the space of
twenty years from the passage of this act. If any pers )n
shall willfully do or cause to be done any injury to said
ferry or plank road the person so offending shall forfeit
and pay to the said Andrew Eisenmayer, his associates,
their heirs or assigns double the amount of such injury
or damage, to be recovered before any court having ju-
risdiction of the same; and on the hearing and rendition
of judgment execution shall issue forthwith against said
offender or offenders; and if any team or teams that may
travel on said plank road otherwise than to cross the same
at the regular laid out crossing or where the termini of said
junction of an} such road shall be on different sides
of any toll gate and shall travel on and not pay the regu-
lar tolls for the use of said road when demanded or shall
leave the road and refuse to pay the toll ail such person or
persons shall be liable to a fine of five dollars, to be col-
lected in an action of trespass before any court in the
state having jurisdiction of tlie same; and on the rendition
of said judgment execution shall issue forthwith against
said trespassers. All fines for trespass under this act
sltal! go to the benefit of the school fund of said townsliip
numbered one (1) south, range five (5) wtst.

§ 9. This act shall take effect and be in force from and
after its passage, and rem: in in force for the space of
twenty years.

Approved Feb. 14, 1855.

In lore.' Keb.lt. AN ACT to incorpoiate ihe Metropolis and Vienna Turnpike iind Plank
1866. Road Company.

Section 1. Be it enacted by the people of the stale oj
Illinois^ represented in the General Assembly^ That Wil-
c.iporators. iiam Browu, sr., G. S. Cully, John C. Burden, L. B.
Caruth, Isaac M. Kelly, Thos. V. Glass, G. B. McKee,
Jacob Musselman, J. W. Carmichael, R. Laughlin, J. R.
Gates, J. C. Kidd, William Gregg, James T. Wile )X, Na-
than Evans, Jesse Simpson, J. T. Rainey, Jason Smith,
John W\ Haley. A. B. Brown, Robert Russell, William R.
Brown, 1\. A. Peter, Elijah Smith, B. Cormiers, Stephen
Stuart, Samuel J. Chapman, W. J. Gibbs, D. Y. Bridges,
Samuel Copeland, John Bane, A.J. Kuykendall, F. Chap-
man. J. N. Pierce, William McBean and their associates,

471 1855.

successors and assigns are hereby made and constitdted a
body c^^rporate and politic^ by tJie name and style of
"The Metropolis and Vienna Turnpike and Plank Road style.
Company," and shall have power to sue and be sued; to oenerra rovois
contract and be contracted with, complain and defend in
any court of law or equity; to make and use a common
seal, and alter the same at pleasure; to make by laws,
rules and regulations for the management of its property,
the regulation of its affairs, the appohitment and number
of its officers and agents, the negotiation and execution of
its contracts and the transfer of its stock, not inconsistent
with the laws of this state or of the United States; and to
take and hold sufficient real estate for the enjoyment of
all the privileges herein granted and to grant and convey
the same at pleasure : Provided, said road shall be com-
menced within two years and completed within six years
from the passage of this act.

§ 2. The capital stock of said company shall be twen- caiitai stock.
ty thousand dollars, which shall be considered as personal
property, except for revenue purposes, when it shall be
considered and taxed as real estate. It shall be divided
into sliares of ten dollars each, and shall be transferable
according to the by-laws of the company.

§ 3. Said corporation shall have pow^er to construct, Po^ei t,- coi
maintain and continue a turnpike and plank road, of such
width and upon such route as may by the directors of said
company be deemed advisable, from the city of Metropo-
lis, in the county of Massac, to Vienna, in the county of
Johnson — said road to be partly turnpiked and planked,
as occasion may require, at the discretion of the directors
of said company, and at ; uch points upon the line or route
ot said road as they shall elect.

§ 4. The persons named in the first section or a ma- commissioners.
jority of them shall be commisioners for receiving sub-
scriptions to the stock of said company, when and where
thej or a majority of them shall agree upon, and may re-
quire payment at such times therca.ter as may by thera
[bej deemed advisable; and each of them are liereby au-
thorised to receive subscriptions to the capital stock of
said company at any time or place deemed convenient,
each acting separate and distinct from each other, should
occasion require or they so elect at any meeting when a
majority of the corporators shall be present.

§ 5. The aifairs of said company shall be managed by Govwrnirnt.
seven directors, a majority of whom shall form a quorum
for the transaction of business, and who shall be chosen as
soon as the sura of five thousand dollars shall be subscribed
of the stock of said company, after which said corpora-
tion may commence the survey and construction of its
road. Said directors shall be chosen at such time and

1855. 472

place as shall be decided upon by said corporation, due
notice thereof having been given to the stockholders.
Afterwards elections for directors shall take place, annual-
ly, at such time and place as the by-laws shall prescribe,
due notice thereof being given. All elections shall be by
ballot, and e'^.ch stockholder shall be entitled to as ma-
ny votes as he shall own snares of stock,* and the persons
having the greatest number of votes shall be the directors
and sliall continue ia office until their successors are elect-
and qualified.
Krect toll uoiises § 6. Said dircctors shall have power to erect and
uates,. jnaintain such toll houses, toll gates and other buildings
for the management and accommodation of said road and
the travel and transport thereon as they may deem suit-
able to its interests, and demand, collect and receive
of and from any and every person using said road or any
part thereof or so much thereof as may be completed toll,
to be regulated by the directors, but not to exceed the
.\ otto exceed the T^tes prescribed by " An act to provide for the construc-
rv'oevwrac't'^'^ tion of plank roads by a general law," approved February
12, 1849, and the first, third, fourtii and sixtli sections of
an act approved February ist, 1851, amendatory to said
act of Feb'y 12th, 1849, and the act approved February 17,
1851, further to amend the act of February 12, 1849, are
made part of the .'barter hereby granted, as far as applica-
ble thereto.
Voluntary oes- § 7. Tiie corpi ration hereby created is authorised to
^'°°' acquire by voluntary cession or by purchase from the

owner the right to construct said road over any lands be-
longing to said individuals, companies or corporations, on
the route adopted for the construction of said road; and in
case said corporation cannot obtain the right to constiuct
said road over the lands owned by any individual, compa-
ny or corporation by voluntary cession or purchase it shall
be lawful for said corporation to appropriate and use so
much of said land as shall be necessary for the proper
construction of said road on complying with the provisions
of an ac entitled " An act to amend the law condemning
right of way for purposes of internal improvement," ap-
proved June 22, 1852.
I'owei- to inak:, § 8. Said Corporation is hereby vested witli all the
(vustract, &c. powers Conferred on plank road companies organized un-
der the general laws for the construction of plank roads
to make contracts with county and city authorities for the
use of any part of a public highway or street for the con-
struction of said road.
Koi row money. § 9. Said corporation in and about the construction of

said road and to aid them therein may borrow money, not
exceeding in amount twenty thousand dollars, and at any
rate of interest not exceeding twelve per centum per
annum.

473 1855.

^ 10. The counly of Massac may by its county court comuy ^onrr
subscribe to the stock or said company an amount not ex-
ceeding one half of the probable cost of constructing said
road from Metropolis to tlie county line, and the county of
Johnson may by its county court subscribe to the stock of
said road an amount not exceeding one half of the proba-
ble cost of constructing said road from Vienna to the
county line of Massac couniy, and shall cause, at the next
annual election thereafter, a vote to be taken for or to vote for or *-
against said subscription; and if a majority of such votes fion?' '''"'^"'^"
be for the subscription said court shall issue bonds to an
amount equal to said subscription, bearing interest not
exceeding twelve per cent, per annum, which shall be re-
ceived by said company in payment of said subscription.
Said court shall cause the interest on said bonds punctu-
ally to be paid annually.

§ 11. Said corporation shall be and they are hereby Power to sen.
empowered to sell and dispose of said road-bed, when
completed, or at any time thereafter, to any railroad
company, for such price and on such terms as they shall
deem advantageous, or to convert the stock of the same
into railroad stock when any company shall construct Ranroad -tock.
a railroad upon the line or route of the said road : Pro-
vided^ that a majority in interest of the stockholders shall
consent thereto.

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

Approved Feb. 14, 1855.

AN ACT to incorporate Odkwuod Ctmelery,

Section 1. Be it enacted by the people of the atate of
Illinois, represented in the General Jissemhly, That Fran-
cis L. Cagwin, Daniel C. Young and all persons who are cory
now owners of lots in a cemetery ground surveyed, plat-
ted and recorded in the recorder's office of Will county,
Illinois, as " Oakwood Cemetery," and their associates, style
successors and assigns be and they are hereby created a
body corporate and politic, by the name and style of "Oak-
wood Cemetery," near the city of Joliet, and by that name
and style shall have perpetual succession, and shall be ca-
pable in law of contracting and being contracted witii, of
suing and being sued, and by the name and style aforesaid,
and shall have all the powers, rights, liabilities and immu-
nities incident to a corporate body.

orhtor*.

1855. 474

•>bjec'.. ^ 2. The object of said corporation shall be to lay out,

plat, enclose and ornament a plat of ground, to be used &s
a cemetery or burial place for the dead.

Real estate. § 3. Said Corporation shall have power to own and hold

real estate for the object aforesaid by purchase, bequest
or donation, not exceeding one hundred acres in q::antity,
and may sell tlie same in such subdivisions or lots as tlu-y
shall deem best for the object aforesaid, and shall have
power to lay out, subdivide and plat their said real estate
for a cemetery, in such subdivisions, lots, streets, alleys,
paths, blocks, squares and parks as their board of direct-
ors or a majority of them shall deem proper, and make, from
time to time, such improvements, ornamental or otherwise,
as said board of directors or a majority of them shall deem
best for the ornament and convenience of said grounds.

Hold giants, do- § 4. Said Corporation may take and hold any grant, do-
nations, &c. nation or bequest of property upon trust to apply the same
or the income thereof or tl^e proceeds of the sale thereof,
under the direction of said board of directors or a majority
thereof, for the improving, ornamenting or embellishing of
said cemetery or any part thereof or any lot therein, or for
the erection, repair, preservation or renewal of any tomb,
monument or grave stone, fence, railing or other erection
or for the planting or cultivating of trees, shrubs, flowers
or plants in or around said cemetery or any lot, street, al-
ley or park therein, or for improving said cemetery in any
other manner or form consistent with the object and pur-
pose of this act, according to the terms of such grant, do-
nation or bequest.

Kiemptfromes- § 5. Said Cemetery and each and every lot therein and
all improvements of every description appurtenant thereto
shall be forever exempt from levy and sale under execu-
tion or attachment or any decree or order of any court of
law or equity and from all sales, judgments or liens for
taxes or assessments of any kind or nature whatsoever.
Nor road shall be located or opened through said ground
without the consent of said board of directors.

'ndivisibie. " § 6. All lots or parcels of ground in said cemetery, when
conveyed, shall be indivisible, but maybe held and owned
in undivided siiares. One-half, at least, of the proceeds of
the sales of all lots in said cemetery shall be applied by
the directors of said cemetery to the preserving, impro-
ving, embellishing and ornamtnting grounds and appurte-
nances thereto and the incidental expenses of the f erne-
tery establishment. One-fourth of the proceeds of the sales

Portion of pro- of all lauds that may be conveyed to said cemetery by Dan-

Tcertam per- iel C. Youug, Abijah Cagwin (as trustee of George W.Can-
*""**• eday) and Francis L. Cagwin or by said Francis L. Cag-

win And Daniel C. Youni^ in person within three months of
the passage of this act shall be paid to said Daniel C Young,

475 1855.

his heirs, executors, administrators or assigns; and one-
fourtli of the proceeds of the sales a 1 lands that may be
conveyed to said corporation by Abij ih Cagwin(as trustee
of George W. Caneday,) Daniel C Young and Francis L.
Cagwin or by said Francis L. Cagwin and Daniel C. Young,
in person, within three months, as aforesaid, shall be paid
to said Francis L. Cagwin, his heirs, executors, adminis-
trators and assicrns. • -

§ 7. All lots in said cemetery, when sold, shall be con- ^°" ""•
veyed to the purchaser, subject to the following conditions
and reservations, to wit :

1st. The lots and grounds of said cemetery shall not be
used for any purpose other than as burial places for the dead. Bunai i.iaces.

2d. No owner of any lot or ground shall allow any in-
terment to be made therein for remuneration, nor shall any intennent.
transfer or sale of any lot or part thereof or any interest
therein be valid without the consent, in writing, of the sec-
retary of said Oakwood cemetery, endorsed upon said
transfer or conveyance, nor shall any disinteiment be al-
lowed without permission of the secretary or directors of
said Oakwood cemetery.

3d. Each and every owner of a lot in said cemetery Piam trees.
shall, within one year after the purchase thereof, set out
and cultivate on each lot he, she or they shall own a suit-
able number of trees, shrubs or p'ant-j in a proper and taste-
ful manner; and in case of failure so to do said 'orporation
may cauL:e the same to be done and may collect therefor a
reasonable compensation, not to exceed five dollars, of and
from sucli owner or owners, in an action of assumpsit, in
any court having jurisdiction.

4th. No tree growing within any lot or ground of said
cemetery shall be cut down or destroyed without the con-
sent of said corporation; but if any tree or shrub situate in
any lot or ground therein by reason of its roots or branch-
es or otherwise become detrimental to any adjacent lot,
ground or avenue or unsightly or inconvenient to passen-
gers the said corporation shall have the right and it shall
be their duty to remove such trees or shrub or such part
thereof as they shall deem detrimental, unsightly or incon-
venient, doing no unnecessary damage.

5th. If any monument, effigy, enclosure, inscription or Monument, etK-
any structure or erection be placed in or upon any lot or removed.
ground which shall be determined by the directors or any
three of them of said cemetery to be offensive or improper
or injurious to the appearance of said cemetery they shall
have the right to remove such offensive or improper object
or objects.

6th. Said corporation shall have the right, from time to
time, to vacate and change the location of streets, alleys
and avenues in said cemetery, by and v/ith the consent of

1866. 476

the owners of lots end grounds througli or along which the

nu\es ami regu- same may be done, and to make such rules and regulations
for the government and management of the lots, grounds
and affairs of said cemetery as they shall deem requisite
and proper to secure and promote the interests -^nd objects
of said corporation, and shall cause to be recorded all such
rules and regulations on the books of said cemetery, which
record shall be open for inspection at all times to the own-
ers and persons interested in any lot or ground in said cem-
etery; and upon such recording as aforesaid the same shall
become obligatory upon all owners of lot? or grounds and
all other persons interested in said cemetery.

^"^**- 7th. All owners of lots and their families shall be al-

lowed access to said cemetery grounds at all times.

penalty. § 8. If any person shall willfully destroy, mutilate, de-

face, injure or remove any tomb, monument, grave stone
fountain or other structure placed in said cemetery or any
fence, railing or other work for the protection or orna-
ment of said cemetery or any tomb, monument, grave stone
— or other structure aforesaid or any cemetery lot or gi-ave

within the cemetery aforesaid or shall willfully cut, break,
injury or destroy any tree, shrub, plant or flower within
the limits of said cemetery he, she or they shall be deemed
guilty of a misdemeanor, and shall, on conviction before
any justice of the peace or other Lourt of competent juris-
diction, be punished by a fine of not less than three nor
more than one hundred dollars, according to the nature
and aggravation of the offense. All justices of the peace
in said county of Will are hereby vested to try any of-
fence within the provisions of this section, and it shall be
a part of the judgment that the defendant, if convicted,

May be commit- shall staud Committed until the fine and costs are paid,
which fine, when collected, shall be paid to the treasurer
of said corporation — tiie same to be applied to restoring
the injury done and to other improvements in said ceme-
tery; but nothing in this section contained shall prevent
any member of said corporation from being a witness in
any prosecution or suit under tiiis section.

K.,ai,i of jirec- § 9. Tfic busiuess affairs of said corporation shall be
managed by a board of directors, who shall consist of five
in number, and shall be chosen as follows, to wit : One of
said directors shall be chosen by the common council of

How chosen. the city of Joliet, at their first regular meeting in the month
of March or as soon thereafter as maybe convenient. He
sliall be chosen for five years and until his successor is
elected ani qualified. His successors shall be chosen by
the common council aforesaid every five years after the
first Monday in March, 1855, or as soon thereafter as may
be convenient for said common council. Two of said di-
rectors shall be chosen by the owners of burial lots in said

477 1866.

cemetery — each owner of a lot in said cemetery to

have one vote for each and every lot he or she shall own.
The \oting shall be by ballot. The term of office of the voteby baii.t.
person first elected shall expire on the first Monday in
March, A. D. 1859, and the term of office of the person
iast elected shall expire on the first Monday in March, A. Term ot ocnce.
D. 1857. The successors of said two directors last named
shall be elected by said lot owners every five years after
the term ot office of said directors shall expire, respect-
ively. Notice shall be given of said first election by F.
L. Cagwin and D. C. Young, by publication in some public
newspaper in the city of Joliet for two weeks successive-
ly previous to said election; and in the event of a failure
to elect on the day specified said lot owners may proceed
to elect at any time thereafter, on two weeks' notice, as
aforesaid. The said F. L. Cagwin, proprietor as aforesaid,
his executors, administrators, heirs and assigns, shall choose
one director of said corporation, wlsose term of office shall
expire on the first Monday in March, A. D. 1868 and
every five years thereafter; and the said Daniel C.
Young, his executors, administrators, heirs and assigns,
siiall choose one of said directors, whose term of office
shall expire on the first Monday in March, A. D. 1856,
and every five years thereafter. All notices for elec-
tions for d'rectors of said corporation by the lot owners af-
ter said first election shall have taken place shall be given
by the secretary of said corporation by publication in some
public newspaper in the city of Joliet at least two weeks
successively previous to the time of such election. When-
ever the real estate that may be conveyed to said corpo-
ration within three months from the passage of this act by
Abijah Cagwin (as trustee of George W. Caneday,) Fran-
cis L. Cagwin and Daniel C. Young, as provided in sec-
tion of this act, shall have been sold and disposed of

by said corporation, the directors herein mentioned to be
chosen by said Cagwin and Young shall be elected by the
lot owners of said cemetery, under such regulations as said
board of directors shall provide for; but all directors shall
hold their offices for five years, and one of said board of
directors shall be chosen annually. No person shall be a
director in said corporation unless he be a lot owner in

said cemetery. Government, &c.

§ 10. Said board of directors or a majority of them shall
have power to make all needful by-laws, rules and regu-
lations for the management of said cemetery, its walks and
grounds, and for the improvement and embellishment there-
of and for the laying off, platting, ornamenting and impro-
ving of its walks, giounds, fences, &c., and in relation to
the burial of the dead therein and the general management
of its business affairs, not interfering with the rights of lot

1855.

478

Choose oScers

JSxecute bond.

Keep reaord.

Conyey«l3e*

owners therein nor conflicting with tiie provisions of this
act, and may alter and change said by-laws, rules and reg-
ulations at their pleasure.

§ 11. Said board of directors may choose a secretary,
a treasurer, a sexton and such other officers and employ-
ees as a majority of said board may think proper. Said
secretary, treasurer and sexton and other employees and
officers of said corporation to be allowed such compensa-
tion as said board of directors or a majority of them shall
deem proper.

§ 12. Said treasurer, when chosen, shall keep a^ the
funds of said corporation, and shall pay out the same on
the written order of the secretary and not otherwise. He
shall execute a bond to said corporation, in such sum and
with such conditions and with such security as said board
of directors may from time to time require. He shall de-
liver over to his successor all books, moneys and property
belonging to said corporation, and for a willful failure to
do so, after reasonable notice, he shall be deemed guilty. of
embezzlement and punished accordingly. The treasurer
and secretary to hold their offices, respectively, for three
3'ears.

§ 13. Said corporation may have and keep a common
seal, and may alter the same at their pleasure. They may
subdivide and sell their said grounds in such shape and
lots as they shall deem proper for burial purposes, but shall
not sell any lot in said cemetery for a less sum than twen-
ty dollars without the consent of D. C. Young and F. L.
Cagwin, their administrators or assigns, until their inter-
est in said cemetery fund shall become extinct.

§ 1 4. The secretary of said cemetery shall keep the
books of said corporation as said directors or a majority of
them may require, in one of which books he shall keep an
accurate and complete record of the proceedings of all
meetings of said board of directors, and shall also keep in
a well bound book, properly indexed, a full and complete
copy of bv-laws, rules and regulations adopted by said
board of directors or a majority of them, and shall also
kei?p [in] another book a full and complete abstract of the
sales and prices, names of owners and date of sale of all
lots sold in said cemetery, and shall also keep a full and
complete account of all moneys received and expended by
said corporation; which account shall be exhibited to said
bosrd of directors at least once a year. He shall also ex-
ecute all conveyances for lots, with the seal of the corpo-
ration, which seal he shall keep in his custody and control.
The purchisse money of all lots shall be paid to the treasu-
rer, together with all other funds of said corporation.

§ 16. Said corporation shall have power to lease any of
its grounds not wanted for immediate use for cemetery

479 1855.

purposes until suclt time as the same shaii be xvanted for
cemetery purposes under such restrictions as said board
of director" shall think proper.

§ 16. This act shall be construed beneficially for the
object designed, and shall be considered a public act.

Approved Feb. 12, 185.5.

AN' ACT to incorporate the Qiiincy and Mendon Plank Road Company, in force Fit. 14-

1866.

Section 1. Be it enacted by the 'people of the state oj
Illinois^ represented in the General %dsseinbly, That James
W. Singleton, Levi Palmer and John L. Arnold and all such
persons as shall become stockholders agreeable to the pro- CorpoTaK>n.
visions of the corporation hereby created shall be and for
the term of ninety years from and after the passage of this
act shall continue to be a body corporate and politic, by
the name and style of " The Quincy and Mendon Plank styie.
Road Company ," and by that name shall have succession
for the term of years above specifie ; may sue and be sued,
complain and defend in any court of law or equity; may
make and use a common seal, and- alter the same at plea-
sure; may make by-laws, rules and regulations for the man-
agement of the property of the corporation, regulation of
its affairs and for the transfer of its stock, not inconsistent
with the laws of this state and the United States, and may
appoint such officers, agents and servants as the business
of said company may require, prescribe their duties and
require bonds for the faithful performance thereof.

§ 2. That the said James W. Sitigieton, Levi Palmer subscription t<.
and John L. Arnold are hereby ap) ointed and authorised '^p''*' ^^^'^^'
to receive subscriptions to the capital stock of said com-
pany, and it shall be their duty to open books for subscrip- openbookc.
tion to the said capital stock, givirig notice of the time and
place when and where said book'! will be open at least
twenty days previous thereto by publication of notice ia
some newspaper pnblis.hed in the city of Quincy or by
posting up written notices in five public places in the coun-
ty of Adams And the said James W. Singleton, Levi
Palmer and John L. Arnold or a majority of them shall at-
tend at the time and place appointed for the opening of said
books, and shall continue to receive subscriptions to the
capital stock of the company hereby created, either per-
sonally or by sucn agent or agents as they may appoint, Meats.
until the sum of eight tiiousand dollars shall be subscribed
as aforesaid; and as soon as said sum shall be subscribed
the said James W. Singleton, Levi Palmer and John L.

1856.

480

Give notice.

F.leoti.jQ.

Inspectors.

Tar:n of ofiics.

Capital stock.

(Tovernmenti

i'leiideat.
Vacancies filled.

Arnold or a majority of them shall give twenty days' no-
tice in two weekly newspapers published in the city of
Quiricy of an election by said stockholders of a board of
directors, as herein provided, for the management of said
company; at which time and place so appointed for that
purpose the said James W. Singleton, Levi Palmer and John
L. Arnold or a majority of them shall act as inspectors of
said election; and the stockholders present shall proceed
to elect five directors for said company, by ballot; and the
said James W. Singleton, Levi Palmer and John L. Arnold
or a majority of them shall certify their election, under their
hands; widLii certificate shall be recorded in the record
book of said company, and shall be sufficient evidence of
the election of the directors therein named; and the direct-
ors thus elected shall hold their office for one year and un-
til their successors are elected and qualified.

§ 3. The capital stock of said company shall be fitty
thousand dollars, which shall be divided into shares of
twenty-five dollars each, and maybe increased to any sum
necessary to complete the work herein authorised; and the
same shall be subscribed for and taken under the direction
of the board of directors of said company, at such time and
in such places and manner as the said directors shall from
time to time direct. • The shares of the capital stock of
said company shall be deemed and held as personal prop-
erty : Provided^ nothing herein contained shall prevent the
whole amount of said capital stock from being subscribed
before the election of said directors, as herein provided
for.

§ 4. The affairs of said company shall be managed by a
board of five directors, to be chosen annually by the stock-
holders from among themselves. At all electi^ms for di-
rectors each stockholder shall be entitled to one vote for
each share of stock held by him, and may vote personally
or by proxy, and a plurality of the votes given at any elec-
tion shall determine the choice. The directors shall hold
their office as provided for in this act, and shall elect one
of their number as president of said board; and in case of
any vacancy occurring in said board of directors between
elections the same may be filled by the board at any legal
meeting of the directors; and the person so elected to fill
the vacancy si^.ali hold his office until the next annual meet-
ing of tiie stockholders. In case of the absence of the pres-
ident the board of directors shall have the power to elect
a president pro tempore^ who shall exercise, for the time
being, all the legal powers of the president of said board.

§ 5. It shall be lawful for the directors to make calls
upon the sums subscribed to the capital stock of said com-
pany, at such time and in such amounts as they shall deem
fit, giving at least twenty days' notice of each of said calls

483 1865.

§ 12. In the event there is no election of directors as m case >•! oc «-
herein provided for an election for said directors may be '^ '*"'
held at any time fixed upon said James W. Singleton,
Levi Palmer and John Arnold : Provided, said election
shall be held in the manner herein provided for.

§ L5. The president of the board of directors or any caii meeting.
three of said directors shall have power to cali a special
meeting of the board whenever in his or theiropinion the
interests of said company may require it.

§ 14. Tl.is act shall be deemed and taken as a public
act, and shall be construed beneficially for all purposes
herein specified.

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

Approved Feb. 14, 1855.

AN ACT to aaieral lu act entitled "An act to incorporate tlie Northwest- laiorceFeV,. 14,
era Uiiiveraiiy," approved January 28tti, 1851, li^-

Section 1. Be it enacted by the people of the state of
Illinois, representfA in the General Jissemhly , That John
L. Smith, Aaron Wood, Luther Taylor and William Gra- Trustees.
ham and such persons as shall be elected to succeed them
by the Northwestern Indiana Conference of tiie Methodist
Episcopal Church be and they are hereby constituted mem-
bers of the board of trustees of the Northwestern Univer-
sity.

§ 2. No spiritous, vinous or fermented liquors shall be saieot spuitw
sold under license or otherwise within four miles of the lo- t'^"°'^ protibi-
cation of said university, except for medicinal, mechanical
or sacramental purposes, under a penalty of twenty-five
dollars for each offense, to be recovered before any justice
of the peace of said county in an action of debt in the name
of the county of Cook : Provided, that so much of this act proviso,
as relates to the sale of intoxicating drink within four miles
may be repealed by the general assembly whenever they
may think proper.

§i 3. The said corporation shall have power to take, power to aiEpoi*
hold, use and manage, lease and dispose of all such prop- «^pr«P«f'y'
erty as may in any manner come to said corporation char-
ged with any trust or trusts in conformity with trusts and di-
rection and so execute all such trusts as may be confided
to it. •

1865.

484

Bxfjjjiit from
taxation.

§ 4. That all property of whatever kind or description
. beioijging to or owned by said corporation shall be forever
free from taxation for any and all purposes.

§ 5. This act shall be a public act and take effect from
and after its passage.

Approved Feb 14, 1855.

In fures Feb. 14, AN ACT I" incorporate Peoria Uijiversjty.

1856.

Section 1. Be it enacted by the people of the state of
Illinois, represented in the General x/issemhly. That B. F.

Gorr>or.<iu<r.«. Spelman, T. W. Hynes, A. Kirkpatrick, James Smith, R.
V. Dodge, J. F. Bergen, John Allen, T. S. Vail, W. Me-
Candless, T, Gander, A. Coffey, T. N. Ewing, Proc-
tor, R. H. Richardson, G. F. Goodhue, H. McCormick, H =
J. Coe, S. T. Wilson, N. B. Curtis, J. Reynolds, J. L. Gris-
wold, P. R. R. Brotherson, J. Walker, S. S. Clark, J. K,
Cooper, J. W. Hansel, A. P. Bartlett, R. Rouse, J. Mc-
Clay Smith and R. P. Farris be and they are created a
body corporate and politic, for the purpose of bounding and
maintaining at or near the city of Peoria, Illinois, an insti-
tution of learning, to be known by the name of "The Peo-
ria University." |

Name and styie. ^ 2. Said Corporation shall be known by the name and
style of "The Board of Trustees of Peoria University," and
by that style and name shall remain and have perpetual
succession, with power to sue and be sued; to plead and
be impleaded; to acquire, hold and convey property, real,
personal or mixed, in all lawful ways; to have, use and al-
ter at pleasure a common seal; to make, alter and estab-
lish, from time to time, such constitution, rules, by-laws
and regulations as they may deem necessary for the good
government of said corporation and the proper manage-
ment of the institution under their control': Provided.^ such
constitution, rules, by-laws or regulations be not incon-
sistent with the constitution and laws of this state or of the
United States,

§ 3. Said trustees shall be divided into five classes,
whose term of service ghall be arranged in such a manner
that one class shall go out of office in each successive year
at the time of the regular annual meeting of the Synod of
Illinois of the Presbyterian Church, in the United States of
America, and as such vacancies shall occur they shall be
filled by appointment of said synod at said time of meet-
ing.

Genenii powers.

Tnistfies divided
into classes.

481 1855.

in at least two newspapers published in the city of Quin-
cy; and in case of the failure of any stockholder to make
payment of any call made as aforesaid by the said direct-
ors for forty dayS after the same shall have been due the
said board of directors are hereby authorised to declare
said stock as in arrear and all sums paid thereon forfeited Fomued.
to the company : ProvidedyJwwever^ that if no such sums Proviso.
are declared by the directors f(jrfeited they are authorised
and empowered to sue for and recover the balance of said
stock subscribed by such person or persons so in arrear.

§ 6. The said company are hereby authoristci to locate, Power to cor
construct aud complete and to maintain and operate a plank **'™*^'"
road, with a single or double track, and may change or al-
ter tlie same to a tdrnpike or macadamised road at any
time the board of directors of said company may deem it
advisable so lo do by entering an order to that effect upon
their lecords, and may use for the purpose of said road any
state or county road or any part of any state or county usesfatoi.rcom
road or roads within the county of Adam*;, havirg first ob- *^'^°'"''
tained an order from the board of supervisors of said Adams
county authorising the use of such road or roads, and may
operate such plank road or turnpike or macdamised road,
with such appurtenances as may be deemed necessary by
the directors for the conven:ent use of the same, from the
city of Quincy, in the county of Adams, to the town of
Mendon, in said county, with power to construct and ope- Branch
rate a branch of said road, whether a plank or turnpike
road, to Marcelline, and if they deem expedient to Lima,
in said Adams county; and the said company are authori-
sed to use and operate said road and branch, and shall have
power and autliority to regulate the time and manner in
which goods, effects, persons, teams, horses, cattle and
other animals and all such other articles or things of what-
ever nature or kind shall be transported over said road or Transportation.
be permitted to pass over the same, and prescribe the man-
ner in which the said road shall be used and the rate of
toll for the transportation of persons and property thereon
or which may pass over the same, and shall have the power
to providestock and all necessary material and powerforthe
operation of said road, and shall have power to erect and
maintain all necessary depots, stations, shops, toll gates
and other buildings and machinery for the accommodation
and operation of said road and branch.

§ 7. Should it become necessary in the opinion of the Directors,
directors of said company for the construction and opera-
tion of the I'oad herein provided for the said compan)' are
hereby authorised, by their engmeers and agents, to enter
upon any lands for the purpose of making the necessary
surveys and examinations of said road; and to enter upon Surrey*.
and take and hold all lands necessary for the construction
45

1855. 482

of said roar] and ib appendages, first making just and rea-
(V.iupcnaationfnr son.able coinjieiisation to the owners of said lands for any
. aniageb. damages tiiat may arise to them from the building of said

road; and in case said company shall not be able to obtain
the title to the land through which the said road shall be
laid by purchase or voluntary cession the company are
hereby autfiorised to proceed to ascertain and determine
the damages sustained by said owner or owners in the
manner provided by the ninety-second chapter of the Re-
Kigutofway- vised Statutes of this state entitled ''Right of way." Pro-
provisy. vule.d^ that after the apj)r&isal of damages, as provided in

said statute, and upon deposit of the amount of appraisal
in the circuit court of Adams county, the said company are
hereby authorised to enter upon such lands for the con-
struction of said road and its appendages.
Borrowmoney. § 8. The Said Company are authorised to borrow from
time to time such sum or sums of money, not exceeding the
amount of the capital stock of said county, as in their dis-
cretion may be deemed necessary to aid in the construc-
tion of said road, and to pay any rate of interest thereon
Mortgaee propi -. that may be agreed on and to pledge and mortgage the said
'^' road and appendages or any part thereof or an}' other

property or effects, rights, credits or franchises of the said
company as security for any loan at such rates or on such
terms as the board of directors may determine.
Hopair damages. \ 9. Said Company shall be bound to repair all public
highways that their road may cross or run parallel with
and all bridges and water courses that may be injured in
the construction and using of said road.
Penalty. § ^^' Any persou who shall willfully injure or obstruct

said road or its branch or any part of its appendages shall
be deemed guilty of a misdemeanor, and shall forfeit to the
use of the company three fold the amount of damages oc-
casioned by such injury or obstruction, to be recovf red in
an action of debt in the name of said company, with costs
of suit, before any justice of the peace or before any court
having jurisdiction thereof in the state; and should any per-
son or j^ersons pass along or over said road or its branch
with any team or teams or other property without paying
the legal toll therefor such person or persons shall forfeit
to said company the sum of five dollars for the first Sense
and ten dollars for every subsequent offense, to be recov-
ered in an action of debt in the name of said company be-
fore any justice of the peace in this state.
Time oi compie- 6 11. Said companv sluill be allowed two yean from
the passage of this act for the commencement of tie con-
struction of said road and five years for the compkion of
the same; and a majority of the corporators herein named
shall have power to act in all cases.

tion.

487 1856.

in erecting and completing suitable buildings, supporting
necessary officers, instructors and servants and procuring
books, maps, charts, globes and philosophical, chemical and
other apparatus necessary to the success of the said uni-
versity under the restrictions herein imposed : Provided^ rruviso.
that in case any donation, devise or bequest shall be made
for particular purposes accordant witii the design of the
university and the corjioration sliall accept the same every
such donati n, devise or bequest shall be applied in con-
formity with the express directions or conditions of the
donor or devisor: Ayid. provided, fii7i!ier^ that said cor- ivovi.i.MUuitiici.
poration shall not be allowed to hold more than two thou-
sand acres of land at any one Time unless the said corpo-
ration shall have received the same by gift, grant or devise,
and in such case they shall be required to sell or dif^^pose
of the same within ten years from the time it shall acquire
such title, and on failure so to do such land over and above
the beforenamed two thousand acres shall revert to the ori-
ginal donor, grantor, devisor or their heirs.

§ 4. The trustees shall elect a president, secretary and Eiectofficorf,
treasurer for their body, but the treasurer shall not be one
of the trustees. They s'lall also have power to remove
any trustee from office for any dishonorable or criminal
conduct by a two-thirds vote of the whole board and to
employ and appoint a president or principal for said uni-
versity and all such professors or teariiers and all such
servants as maybe necessary, and shall have power to dis-
place or remove any or such of them as the interest of the
institution may require; to fill vacancies which may hap-
pen by death, resi^nption or otherwise among their said
officers or servants, ard to prescribe and direct the course
of studies to be pursued in said institution.

§ 5. The trustees shall hold the property of said uni- Property to be
versity solely for the purposes of education and not as "um. "^ "^ '"'
stocks for the individual benefit of themselves or of any
conti ibutor to the encowment of the same; and no particu-
lar religious faith shall be required of those who sliall De-
come students of ti e institution.

6 6. The said trustees shall have power to establish and fower to esim-
maintam separate departtnents \n said nistitution tor ihe pnrtments.
education of males and females, and also a common school
department and to appoint such teachers and servants as
shall be necessary for the same; and if the common scliool
department shall be established the trustees of the town-
ship or school directors of the district may adopt and use
that department as a township or district school, and use
the school, township or district funds in paying tor tuition
as though it were a township or district school : Provided^
the s\id department shall be under the control o{ said trus-
tees : ^nd provided, also, the said township or district
funds shall only be applied to pay the tuition of scholars

liondij.

1855. 488

belonging to the township or district where said university
is lorated.
lapitai stock. ^ 7. The trustees shall have power to raise a capital

stock or college 'and in shares or scholarsliips and half
scholarships ot" one hundred dollars and fifty dollars, re-
I spectively, to the amount of fifty thousand dollars, exclu-

sive of sums given by donation, bequest or otherwise, with
the right to increase the same to any amount, not exceed-
ing two hundred thousand dollars; and the funds, rents and
income of said property, of whatever kind, to be devoted
exclusively to tlie purposes of educati)n.
Officers to give § 8. The trustecs [ treasurer] of Said institution always
and other agents when required by the trustees before en-
tering upon the duties of their offices shall give bonds for
the security of tlie corporation it. such penal sums and with
such securities as the board of trustees shall aj prove; and
all process against ttie corporation shall be by summons
and the service of tiie same shall be by leaving an attested
copy tliereof with the treasurer at least thirty days before
the return day thereof.

§ 9. The trustees of said institution shall have power
to establish departments for the study of any and all the
learned and liberal professions in the same; to confer the
degrees of Doctor in the learned arts and sciences and
"Belle Lettres," and to C( nfer such other academical de-
grees as are usually conferred by th • most learned insti-
tutions.

§ 10. Should the corporation at any time act contrary
to the provisions of this charter or fail to comply with the
same, upon complaint being made to the circuit court of
Mercer county, Illinois, a scire facias shall issue and the
circuit attorney shail prosecute in behalf of the people of
this state for forfeiture of this charter.

This act act shall be a public act, and shall be construed
liberally in all courts for the purposes herein expressed.

Approved Feb. 14, 1855.

In force Feb. 14, AN ACT to incorpoiatp the Moline an. I Rock Rivr Plank and Mac-
1855. adamised Ko d and Bridge Company.

SECTION I. Be it enacted by the people of the state oj

I/Iinuis, represented in General */issembly^ That Charles

Corporators. Atlcinson, Johu Deere, David B. Sears, Alonzo Nourse,

Oliver Chamberlain, Patrick Gregg, Holmes Hakes, and

Joseph Knox and their successors, associates and assigns

485 1855.

§ 4. The number of trustees constituting said board Number of tms-
shall never exceed thirty, nine of whom shall constitute a
quorum for the transaction of business at any regular or
special meeting, duly notified and assembled,

5 5. Said corporation may establish separate depart- Establish sepa-
ments or the learned proressions, tne sciences and arts, in- ments.
eluding the departments of theology, medicine and law, and
shall assign to each department a competent faculty of in-
structors : Provided, the appointment of instructors or pro-
fessors constituting each faculty shall be subject to the
sanction of said synod.

§ 6. Said corporation may issue certificates of scholar- Cemncates <•«
ship, limited or perpetual, upon such terms as the corpo-
ration and the party contracting for the scholarship shall
agree; and the benefit of such scholarship) shall inure to
the holder thereof or his or her assigns so long as the cov-
enants therein agreed to by the person or persons contract-
ing for or lawfully owning such scholarship shall continue
*^o be faithfully performed and no longer, except at the op-
tion of the corporation.

§ 7. The professors or a majority of them duly appoint- Government.
ed in said university or provided tor in section five (5) of
this act shall consti<^ute a faculty in tiie power to enforce
the laws, rules and regulations enacted by the board of
tru^U-es for the government and discipline of the students;
to suspend or expel sueii of them as may in their judgment
desei' *■ it, and to grant and confirm, by the consent of
the board of trustees, degrees in the liberal arts and sci-
ences or any of the branches thereof to student? or otliers
when by their proficiency in learning and other meritori-
ous distinctions they shall regard as entitled to them, as it
has been usual to grant in ^ther universities and colleges,
and to grant to such graduates diplomas or certificates,
under their common seal, to authenticate and perpetuate
such graduation.

§ 8. No misnomer of sait] corporation shall defeat or
annul any gift, grant, bequest or devise to or for said cor-
poration for the use or benefit of the Peoria University or
any department thereof : Provided, the intent of tlie party
or parties making such gift, grant, devise or bequest be
sutticiently manifest.

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

Approved Feb. 14, 1855.

1855,

486

AN ACT to establish the Northwestern Masonic University.

tis'iursi powers.

Section 1. Be it enacted by the people of the state oj Illi-
nois, represented in the General Jissembly, That Robert
io.j.ratw5. Keith, xhomaF B, Cabeen, William Willett, William Gayle,
Henry G. Calhoun, John H. Marshall, John C Pepper,
James A. Noble, i^^etli H. Redman and R. Cyrus Cabeen
be and they are hereby created a body politic and corpo-

Va<n..«a« styse. rate, Under the name and style of ^'The Northwestern Ma-
sonic University," and by tiiat name and style to remain
and have perpetual succession, with power to sue and be
sued, plead and be impleaded; to acquire, hold and con-
vey property, real, personal and mixed, in all lawful ways;
to have and use a common seal and alter the same at plea-
sure; to make and alter from time to time such by-laws as
they may deem necessary for the government of said uni-
versity, its officers, students and servants : Provided, such
by-laws are not inconsistent with the constitution and laws
of the United States or of this state; and to confer on such
persons as may be considered worthy such academical or
honorary degrees as are usually conferred by similar in-
stitutions, i'he trustees in order to have perpetual suc-
cession shall have power, as often as a trustee shall be re-
moved from office, die, resign or move out of the stare, to
appoint another to fill the vacancy in the board. The num-
ber of trus'ees shall i.ot exceed twenty nor be less than
ten, and for the present the above named persons shall con-
stitute the board, with power to fill the remaining vacan-
cies at their discretion. A majority of the trustees shalS
constitute a quorum to do business.

§ 2. The grand lodges of Illinois and Iowa, under whose
patronage said university is placed, shall each, also, have
the right to appoint, annually, two suitable persons, mem-
bers of their own bodies, visitors to said university, who
shall attend the examinations of students and be entitled to
participate in the deliberations of the board of trustees and
enjoy all the privileges of members of said board.

j.ocatioa. ^ 3. Said university shall remain located in or near the

town of Keithsbnrg, Mercer county, Illinois; and the cor-
porators and their successors shall be competent in law

Way hoM real and equity to take, in their said corporate name, real, per-
sonal or mixed estate, by gift, grant, bargain and sale, con-
veyance, will, devise or bequest of any person or per-
sons whomsoever, and the same estate, whether leal, per-
sonal or mixed, to grant, bargain, sell, convey, devise, let,
place out at interest or otherwise di>pose of the same,
for the use of said university, as to them shall seem
0? most beneficial. Said corporators shall faithfully apply all
the funds collected or the proceeds of the property belong-
ing to the said university, according to their best judgment.

Hitreciego.

1't3l5W8.

personal
property .

Afpiication

491 1856.

the aforesaid company the person or persons so offending
shall, upon conviction, forfeit and pay unto said company
three times the amount of damage or injury done, to be re-
covered by action of debt or action on the case before any '
justice of the peace or other court having jurisdiction of
the same. If any person or persons shall lead, ride or P*i\aity i^or tm
drive any animal across said bridge faster than a walk
such person or persons shall, for each offense, forfeit and
pay unto said company the sum of ten dollars, to be re-
covered by action of debt or trespass before any justice of
the peace or other court having jurisdiction of the same.

§ 7. Provided, that said company shall commence the
construction of the aforesaid plank or macadamised road
or bridge, as herein provided for, within two years from
the passage of this act, and complete the same within a
reasonable time thereafter.

§ 8. This act shall be deemed and considered a pub- Pro^i^o.
lie act, and shall be liberally construed for the objects and
purposes therein expressed, and shall take effect from and
after its passage.

Approved Feb. 14, 1855.

AN ACT to amend section second of article fifth of the original charter in force Feb. 16.
of the city of Quincy. ^865.

Section 1. Be it enacted hy the people of the state of
Illinois, represented in the General Jissemhly, That the
city council of the city of Quincy shall have power to ap-
point a clerk, treasurer, assessor or assessors, street com-
missioner or commissioners and all such other officers as
may be necessary.

§ This act to become a law and be in force from and
after its passage.

Approved Feb. 15, 1855.

AN ACT to vacate an alley in block No. sixty three, (63,) in the state's m f^rce Feb. 9,
addition to the town of Ottawa, in La Salle county. 185S. ' '

[Section 1.] Be it enacted hy the people of the state
of Illinois, represented in the General Jissembly, That the
alley in block No. sixty- three, (63,) in the state's addi-

1865.

492

tion to the town of Ottawa, in La Salle county, be and
the same is hereby vacated. The title to said alley shall
be vested in the owners of tlie adjoining lots : Provided^
that they shall keep open an alley on the east end of said
block, at least thirty feet wide as a public alley.

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

APPROVED Feb. 9, 1855.

m force Feb. 15, AN ACT to ampnd an act entitieil •'• Am acf to incnrporate the town of
1856. Aurora," a()j>rovfd February 8lh, IS, .3.

Time of election.

Term of office.

Uualiflcatioa

voters.

Mauuer of con-
Uuctlng election

Qiiurum.

§ 1. That on the first Monday of April next and on the
first Monday of April of every year there fter an election
shall be held for a president and four trustees of the said
town of Aurora, wh » shall hold their offices for one year
and until their successors are elected and qualified; and
ten days' public notice of the time and place of holding
any such election for a ])resident and four trustees as
aforesaid shall be given by tlie clerk of their board by ad-
vertisement in any newspaper published in said town or
by posting up notices in three of the most public places
therein : Provided^ that from any cause whatever an elec-
tion shall not oe held on the first Monday of April next or
on the first Monday of April of any year thereafter any
five legal voters of said town may call any such election,
by giving, in the manner aforesaid, notice thereof, not less
than ten nor more than twenty days' notice. No person
shall be elected president or trustee of said town who
shall not have been for one year previous to such election
a resident and bona fide freeholder within the corporate
limits thereof and who shall not be qualified to vote for
state and county officers.

§ 2. T..at at any election for president and trustees
every person who shall be qualified Lo vote for state offi-
cers and who shall have a residence within the corporate
limits of said town for six months previous to such elec-
tion may enjoy the right of election

§ 3. That such election shall be conducted in such
manner as is now or hereafter may be prescribed by ordi-
nances of said town; and the president and two trustees
or in case of the nonattendance of the president then three
trustees shall constitute a quorum to do business, but a
smaller number may adjourn from day to day and compel
the attendance of absent members in such manner and

489 1865.

be and they are hereby created a body corporate and politic,
with perpetual succession, by the name and style of "The style.
Moline an ' Rock River Plank and Macadamised Road and
Bridge Company," with power to build a plank or mac- General powers.
adamised road from the town of Moline, in Rock Island
county, to such point as said company may elect on Rock Route.
river, on section sixteen, township seventeen north, of
range one west of the fourth principal meridian, and
thence southward to such points on Henry or Mercer
county lines as said company may, upon inspection, elect;
to have all the privileges and powers and be subject to
all of the restrictions contained in " An act to provide for
the construction of plank roads by a general law," in
force April 13, 1849, and all the acts rmendatory thereto:
Providad., that the said company may build either section Proviso.
of said plank or macadamised road independent of the
other; that the said company may build the bridge here-
inafter mentioned, independent of the plank or macadam-
ised road before mentioned in connection with either sec-
tion or the wh le of the aforesaid plank or macadamised
road, as they may elect; that whenever one or more miles
of said jilank or macadamised road hereinbefore mention-
ed shall be completed it shall be lawful for them to erect
toll gates and demand and receive tolls for the use of the Toiigatee.
same at rates as provided for and established by the gen-
eral plank road law in force April 18th, '849; to build a Tollbridge.
toll bridge across Rock River, at such t> »int on section
sixteen, township seventeen north, of range one west of Route.
the fourth principal meridian, as upon examination may to
them appear most feasible for the purposes herein guaran-
teed and contained, and connect therewith the plank or
macadamised road aforementioned, with the exclusive
right to bridge or establish ferries within three miles
either way from the point where said bridge shall be built
across Rock river, as herein provided for; to fix the amount
of capital stock; to divide, transfer and increase the same; Capital stock.
to borrow money for the more speedy completion of their Borrow money.
work, not exceeding one-half their capital stock, and may
issue their bonds and give such other security as they may
deem proper for the money so borrowed; to condemn, ac-
cording to law, property for the uses and purposes of said
company; to contract and be contracted with; to sue and
be sued; to plead and be impleaded as a natural person,
and shall be so recognised in courts of law and equity; to
associate any person or persons with them for the pur-
poses expressed in this act; to erect a suitable toll house Erect toil house.
and establish a toll gate at the entrance of said bridge,
where tolls may be asked, demanded and received tor
crossing the same at the following rates, to wit : For each Ratesoftoii.
head of hogs or sheep, one cent; for each head of cattle,

1856.

490

Penalty.

Damages.

Not obliged to
maiataln draw.

Time of meeting
to be fixed by
by-la wg.

P«naUy.

three cents; for each one horse wagon or carriage, fifteen
cents, for each two horse wagon or carriage, drawn by
two aniraais, twenty- five cents; for each three horse wagon
or carriage, drawn by tiiree animals, thirty cents; for each
four horse wagon or carriage, drawn by four aniraais,
thirty-five cents; each wagon or carriage, drawn by six
aniraais, forty cents; for each led horse or other animal,
four cents; for one horse or other animal and rider, ten
cents; footmen, free; to make, alter and amend by-laws
for the government of said company; to sue for and re-
cover in any court having jurisdiction of the same any
sum or sums of money or installments thereof which may'
have been subscribed as stock in said company, upon
twenty- days' notice being given of the time and place of
such payment in any newspaper published in Rock Island
county.

§ 2 If said company or their agent shall unnecessa-
rily hinder or detain any person or persons from crossing
said bridge after said person or persons shall have paid
their lawful toll, as hereinbefore established, or demand
and receive more toll than is allowed in this act, they shall,
on conviction, for every such offense forfeit and pay the
sum of five dollars, to be recovered by any person suing
for the same, by action of debl, before any justice of the
peace of the county in which said bridge shall be erected.

§ 3. Said company shall pay all damages that may
arise or accrue to any person or persons by reason of their
entering upon and taking lands, timber, rock, stone or
gravel for the use of the aforesaid road or bridge; and if
the same cannot be obtained by agreement with the own-
er the damages shall be estimated and paid in manner
provided by law for the assessment and recovery of dam-
ages happening by the laying out of the public highways.

§ 4. The said plank and macadamised road and bridge
company shall not be obliged to keep up or maintain a
draw in any bridge they may construct across Rock river,
unless the legislature shall hereafter require the Chicago
and Rock Island railroad company to construct a draw in
their railroad bridge across Rock river, or require tlie
Rock Island and Camden railroad company to construct
and maintain a sufficient draw in their bridge across Rock
liver, near Camden.

§ 5. The time of holding the meetings of said compa-
ny for the election of officers shall be fixed and determined
by the by-laws of said company; and at all meetings each
stockholder shall be entitled to a vote, in person or by
lawful proxy, one vote for each share he or she or they
may hold, bona fide, in said company.

§ 6. If any person or persons shall willfully or negli-
gently do or cause to be done any injury to property of

495 1S55.

pect and believe that any violation of any ordinance of
said town has been committed and that some other person
or persons has or have knowledge of such violation such
justice, if he thinks there be probable cause to believe
that such person has or have knowledge of such violation
of any ordinance of said town, shall f )rthwith issue a sub-
poena commanding him or them to appear before such jus-
tice, at a place and time not more than two days thereaf-
ter, to be designated in such subpcena, to testify in rela-
tion to such complaint.

§ 11. Whenever any person shall have been duly issue attachment
served with such subpoena, as provided in the preceding
section, and shall fail to appear and attend before such
justice at the time and place appointed in the subpoena
the justice shall have power and it is hereby made his duty
to issue an attachment, directed to any town constable or
to any constable of the county of Kane, commanding lam
forthwith to bring before such justice the body of such per-
son so failing to appear and attend as aforesaid, to show
cause why lie should not be lined for such contempt; and
on the appearance of .such person on such attachment it
shall be lawful for such justice of the peace to fine him or Pine,
fier in any sum not less than five nor more than twentyfive
dollars and all costs of attachment and conviction and
enforcing the payment thereof or wholly to discharge him
or her on payment of costs occasioned thereby if such
person shall purge the contempt. Justice fees for an at-
tachment shall be the same as for a warrant.

§ 12. Wiienever any person shall appear or be brought justice to admin -
before any justice as provided by the two preceding sec- 'steroath.
tions it shall be the duty of such justice to administer to
such person an oath or affirmttion and to examine him for
the purpose of ascertaining whether any violation of any
ordinance has been committed. If such person shall re-
fuse to be sworn or affirmed or to answer any questions
pertinent to such examination he shall be committed to
the bridewell or house of correction of said town or to
the county jail, there to remain until he shall consent to
be sworn or offirraed or *o answer, and he shall pay the
cost of such conwnitraent.

§ 13. On oath or offirmation being made by any per-
son before any justice of the peace of Kane county that
any person has committed any violation or violations of
any ordinance of the said town of Aurora it shall be the
duty of such justice of the peace to issue his warrant, di-
rected to any town constable or to any constable of Kane
county, commanding him forthwith to take such offender
and bring him before said justice to be dealt with accord-
ing to law; and such offender may be convicted of several
fines and penalties in one prosecution and costs thereof,

1855.

496

and may be committed for the nonpayment of the same as
provided in this act.

Process. § 14. That the attorney for said town may commence

any suit before any justice of the peace by summons, in
a plea of debt, against any person for any violation or vi-
olations of any ordinance or ordinances of said town,
(except for assault, assaults and battery, riot or affray,)
to recover any fine or fines, penalty or penalties for such
violation or violations thereof and costs of suit; and he
may declare generally in debt for the same, stating the
ordinance or ordinances under which such fine or fines or
penalties is or are claimed, and give the special matter in
evidence, under the declaration; and such justice shall
have power and it is hereby made his duty to proceed to
hear and determine such suit as in other causes; ana exe-
cution may be issued immediately upon rendition of judg-
ment; and if such defendant in such suit have no goods
and chattels whereof the judgment and costs can be col-
lected the execution shall require the defendant to be im-

ii ay be imprison- prisoned in close custody in the jail of Kane county; and

*^''* any such defendant who may be committed by virtue here-

of shall remain in such jail one day for each fifty cents of
such judgment awd costs as such execution shall require;
such defendant to be imprisoned in the bridewell or house
of correction of the said town; and when such defendant
is so committed to snch bridewell or house of correction
he shall be subject to labor or solitary confinement in the
same manner and to the same extent as if he or she were
committed for nonpayment ot any fine or fines and costs
of prosecution, as is provided in this act.

§ 15. That all appeals shall be taken upon rendition of
judgment and payment of costs of suit up to the time of
taking and completing such appeal and not otlierwise, and
with same force and effect, rights and privileges to all
parties as in other cases of appeals from justices of the
peace: Provided^ that such appeal shall be taken to no
f venue other court than the circuit court of Kane county. No
change of venue shall be allowed in any case in which the
president and trustees of said town are parties, either
from the circuit court or from one justice of the peace to
another, nor shall they be required to give security for
costs, either before or after the commencement of any

Property not ex- suit; and uo property, either real or personal, shall be ex-
Sn?""* ^"" empt from execution issued or to be issued upon any judg-
ment now rendered or which hereafter may be rendered
in favor of the president and trustees of said town against
any person or persons whatsoever; and trial by jury shall
be allowed in all suits under this act, when demanded by

Proviso. either party, as in other cases : Provided, the said town

may have a jury without advancing any jury fees before ver-

Appeal

Change
not allowed

493 1855.

under such penalties as may be provided; and the presi-
dent and two trustees may punish any of their members
for disorderly conduct, and by the vote of the president
and three trustees expel a member and make such other
rules and regulations for their government as to tiiem may
seem proper and expedient; and shall have power to fill
all vacancies in the board of president and trustees occa-
sioned by death, resignation, removal or continued ab-
sence from town /or two months or from any other cause.

§ 4. The president shall preside at all their meetings Duty of president
and have, in all cases, one vote. In case of his nonattend-
ance the trustees shall appoint one of their number presi-
dent pro tern , who shall preside at that meeting. The
president shall at all times be active and vigilant in en-
foicing the laws and ordinances for the government of the
town. He shall inspect the conduct of all subordinate
officers of said town and cause negligence and positive
violation of duty to be prosecuted and punished. He
shall from time to time communicate to the trustees such
information and recommend all such measures as in his
opinion may tend to the improvement of the finances, the
police, the health, securit)', comfort and ornament of the
town.

§ 5. And in case the president shall at any time be Liawe to imiict-
guilty of any palpable omission of duty or shall willfully
and corruptly be guilty of oppression, malconduct or par-
tiality in the discharge of the duties of his office he^shali
be liable to be indicted in the circuit court of Kane coun-
ty, and on conviction he shall be fined not more than two
hundred 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 office, and such fine M^be removeii
shall be paid into the treasury of the said town. "^°™ ''*"*'®*

§ 6. Tiie president and trustees shall receive a rea- compensation.
sonable compensation for all services actually rendered to
the said town in their official capacity : Provided^ that
the president and trustees shall, before entering upon the
duties of their offices take an oath or affirmation to faith-
fully discharge the duties of their several offices accord-
ing to the best of their ability and understanding, without
partiality, fear or favor.

§ 7. The president and trustees of said town shall
have power :

1st. To appoint watchmen and policemen and pre- watchmen.
scribe their duties and powers.

2d. To create and regulate the police of said town.

3d. To direct and regulate the planting and preserving omamentai trees
of ornamental trees in the streets and public grounds.

4th. To fill up, drain, cleanse, alter, relay, repair and Fiiuip drains, &c
regulate any grounds, lots, yards, cellars, private drains,

1865.

494

Suppress sale of
liquors.

PasR ordinances.

When to take ef-
fect.

How proved.

Oomplaiuts.

sinks and privies, direct and regulate their construction,
anti to cause tfie expense thereof to be assessed and col-
lected in the same manner as side-walks assessments and
taxes are.

5th. To suppress and prohibit the introduction, pos-
sessing, manufacturing, keeping, having, selling or giving
away in the corporate limits of any vinous, spiritous, alcho-
holic, malt, mixed or fermented liquors, in any quantity, un-
der such fines or penalties as may be prescribed by ordi-
nance, a.id to provide for searching for and seizing, con-
demning and destroying any such liquor by any ordinance
or ordinances, not in violation of the constitution of this state
or of the United States ; Provided^ however^ it shall be law-
ful for the president and trustees to regulate in what man-
ner and by whom unadulterated alcoholic liquors may be
sold or given away for medical, sacramental or mechanical
purposes.

6th. To make all ordinances which they may deem
necessary and proper to carry into execution the powers
specified in this act or the act to which this is an amend-
ment or any other ordinance or ordinances which they
may deem expedient for the better regulation of the in-
ternal police of said town, and to execute the same, and to
impose fines, forleitures or penalties for violations of any
such ordinances and to provide for the recovery of all
fines, forfeitures and penalties and the appropriation there-
of to tiie benefit of the town : Provided^ any fine or penal-
ty shall not exceed one liundred dollars for any one
offense.

§ 8. And no ordinance of said town shall take effect
or be in force until the expiration of twenty days from
the day on wliicli it is passed, unless in case of , emergen-
cy, the president and trustees thereof shall otherwise di-
rect; and it shall be the duty of the president and trus-
tees to cause ail ordinances to be published, without de-
lay, once in some newspaper printed and published within
the corporate limits of said town or by posting up three
copies thereof in three public places therein.

§ 9. All ordinances of the town may be proved by the
corporate seal thereof, and wiien printed or published in
book or pamphlet f -rm and sucli book or pamphlet purport-
ing to be printed or published by authority of the presi-
dent and trustees of the town of Aurora the same shall be
received in evidence in all courts and places without fur-
ther proof as evidence of all the ordinances and matters
relating thereto therein contained.

§ 10. When any person shall make complaint on oath
or affirmation before any justice of peace of Kane coun-
ty, and shall state therein the facts and circumstances upon
which his belief is founded, that he has just cause to sus-

497 1855

diet, and the justice shall be entitled to a docket fee of ooefcetree.
one dollar in all cases as part of costs of suit, to be col-
iected off the failing party, in additioft to the fees he is ea-
titled to under the act to which this as an amendment,
and in all trials before him he may compel any constable compei auend-
to attend and be present to periorm. alt sucri services as we.
the court may require of him, for which. h.e shall be enti-
tled to fifty cents for each trial, in additioa !» the ieiis he
is now entitled to^ to be taxed as part of the costs of suitj
and if any constable shall neglect to so attend if request- Pdnaitsioi! wa-
ed he nuy be fined by such justice i&. auy saui not more »*'^°*'«*^"
than five dollars and be comixiitted for uoupajnierit there-
of, as in other cases of contempt; aad sach. rijie shall be
paid into the treasury of the towriyas ta otfeer cases.. The
said town shall not be required to pay wifcRess feres before
the determination oi any cause : Protizded, the president pmmui.
and trustees ma}' prescribe by ordiaance whether the
.town shall be liable to pay witness fees or not, and in
what manner and to what extent, if at alL

§ 16. That it shall be the duty of the justice of the peace Recarau^ce..
from whom any such appeal v^kali be takea without delay
to bind, by recognizance, aU suck witaesses to prove any
violation or vi'oiations of an.]' ordiiiaace ar ordinances of
said town of which the defendant or defeadaj>.ts is or are
-charged, to appear before the circuit court of Kane coua-
ty on the first dsij of the nest term thereof and on tiie
first day of every succeeding terra thereof ixntil v^uetv ap-
peal shall be finally tried &.nA determmed or otherwise
finally disposed of, to give evideace tauehing such viola-
tion or violations so charged and aot to depart the court
without leave. If any person upoa being required to en- xay oe camiwi-
ter into recognizance as aforesaid shall refuse it sijali be *^*'
lawful for such justice oi the peace ta coffkimt him. or her
to the county jail or to the bridewell oi- house of c-orrec-
tion of said town, there to remaia iiatil he or she shail en-
ter into such recogaizaiice or be oth,€;rmse discharged by
due course of law. The reeognizaact^ shall be taken to
tlie president and trtistees of tiie towa of Aurora in a sum
not less than fifty dollars for eacb witness and siiail be
signed by the person or persons so eateriag into the same
and certified by the justice of the peace or other officer
taking it and delivered to the cAei'k af the circuit court
on or before the day mentioBied therein, fortha appearance
of the witnesses; and such recognisBnce shall have the same
force and effect and be enforced in the same m«jiner as
recognizances of witnesses ia crimiaal cases, atad the jus-
tice shall have the same fees for tmkmg it.

§ 17. The president and trustees shall have power to bssm trideweu.
iurnish or erect and establish a bridewell or house of
correction, pass all ordiBaaGes for liie reguIaitioQ thereof,
46

1865. 498

and appoint a keeper and as' many assistants as may be
necessary. In the said bridewell or house of correctioi*

TttetKs iwassa- shall be confined all vagrants, stragglers, idle or disorderly
persons who may be committed by any constable, police-
man or other conservator of the peacej and any person
fined by any justice of the peace or by any court of the
state for any violation or violations of any ordinance of
said town may be committed for nonpayment thereot and
costs of prosecution to such bridewell or house of correc-
tion wntil such fine and cost shall be by him or her paid
or satisfied by labor according to law, and therein he or
she shaO be kept, subject to solitary confinement or to
perform labor any where in the limits of said town, in such
iBan»er, under such regulations as shall be provided by

rwwsa*. ordinance : Provided^ such persons so committed shall be

discharged from such bridewell or house of correction by
the keeper or any assistant when he or she shall have
faithfully worked out such fine or fines and costs at the rate
of fifty cents per day : Frovidsd^ however, any such per-
son may be committed to the county jail for the nonpay-
Bsent of any such fine or fines and costs, in the discretion
oi the justice or court, and there to remain in close cus-
tody one day for every fifty cents of such fine or fines
and costs of which he or she shall have been convicted.

Apptefs wHirt*- § 18. That the president and trustees of said town

^'**" shall have power to appoint as many town constables as

they shall deem necessary, and each of them, when so ap-
pointed and sworn into office, shall have power to execute,
any where in Kane county, any process or precept which
may be issued by any justice of the peace of said county
in favor of the president and trustees aforesaid, and to ar-
rest, on view, any person who may violate any ordinance
oi said town and to take him or her before any justice of

?p,TiK>- the said town to be dealt with according to law : Provided,

any other constable of said county may execute any such
process or precept; and also, to appoint a clerk, treasu-
rer, one or more street commissioners, a board of health
and any and all other officers that they may deem necessa-
ry, and prescribe their duties and powers, and may re-
quire bonds, with sufficient security, of them, for the faith-
ful discharge of their several duties; and all such officers
shall take an oath of office to perform their several duties
according to the best of their abilities and understanding
and without partiality, fear or favor,

offiwis i:> «ct M § 19. That the president and each trustee, town con-

shep*'e^rl*!^ ^^ stable and policeman of said town shall be conservators of
the peace, and shall have power to arrest or cause to be
arrested, with or without process, all persons who shall
break or disturb the peace or threaten to break or disturb
the peace, commit them for examination and if necessary

499 1855.

detain sucli persons in custody over night in the watch
house or other safe place of confinemcintj and ihall have
and exercise such other powers, as conservators of the
peace, as the president and trustees may prescribe.

5 20. All ordinances, regulations and resolutions now ordiaanceB to re-

r • ii • 1 X 1 11 ' • I' 1 it.* main in for«»,

in lorce m the said town shall remain in lorce unaer this
act until repealed, altered or modified by the president and
trustees thereof; and all actions, rights, fines, penalties
and forfeitures in suit or otherwise which have accrued
to said president and trustees by any law of this state or
ordinance of said town may be prosecuted to judgment
and execution in the manner pointed out in this act or in
any ordinance passed in pursuance thereof.

§ 21. All fines, penalties or forfeitures for violations of Fines reeoTcred.
any ordinance of said town committed before the repeal or
alteration thereof may be sued for and prosecuted to
judgment and execution at any time after such repeal or
alteration in the same manner and with the same effect as
they might have been before such time : Provided, such Provjfo.
suit or suits shall be commenced in six months after the
repeal or alteration of such ordinance. All suits or pro-
secutions now commenced or which hereafter may be
coramenced in or are or hereafter may be appealed to the
circuit court in which the president and trustees of the
town of Aurora are plaintiffs or defendants shall be placed
first on the docket for trial, and it shall be the duty of the
court to try them before taking up any other causes on such
docket.

§ 22. If any person shall knowingly and willfully ob- P«aait>-
struct, resist or oppose any town constable, policeman or
any conservator of the peace in performing his official^du-
ty or duties or assault or beat any such officer for having
done his official duty or duties as required by law or any
ordinance or ordinances of said town shall be fined in any
sura not exceeding five hundred dollars and imprisoned
for a term not exceeding one year. Any such offender
shall be indicted in the circuit court of Kane county for
any such offense, and t!ie fine, when collected, shall be
paid into the treasury of said town. And this act is here-
by declared a public act, and shall be in force and effect
from and after its passage.

Approved Feb. 15, 1855.

1855.

500

AN ACT to incorporate the North lUii.ois Univer.-ity.

Corporators.

Name anj style.

Ceueral powers.

."enn of office .

Ko particaiav re
llglous faith re-
■^ulred.

Section 1. Be it enacted by the people of the state uf
Illinois, ^represented in the General Assembly, That P. J.
Strong, Benjamin Lombard, William Birch, W. D. Robin-
son, Cliarles Davis, S. S. Walker, E. W. Hazard, N. S.
Davis, B. F. Shinn, William Ross, Jacob Ross, R. Rich-
ardson, W. B. Mack, D. K. Dawson, Robert Burns, Ga-
briel Williams, Jacob Fowlei, John Ciark, James Gay, W.
P. Turner, Lucius Loring, George Hughs, Cornelius Gray,
Peter Miller, John Burns and such persons as shall be ap-
pointed by the North Illinois Conference of the Methodist
Protestant Church to succeed them in office, and three in-
dividuals, if chosen, and such persons as shall be appointed
to succeed them by each of the following named conferen-
ces, to wit: "Illinois," "Iowa," "Wisconsin," "Michigan,"
"Wabash," "South Illinois" and such other conferences of
the Methodist Protestant Church as shall appoint three per-
sons for the purpose, be and they are hereby created and
constituted a body politic and corpor;ite, under the name
and style of "The Trustees of the North ILinois Universi-
ty," and henceloith shall be styled and known by that
name, and by that name and style to remain and iiave per-
petual succession, with power to sue and be sued, plead
and be impleaded; to acquire, hold and convey property,
real, personal or mixed, in all lawful ways; to have and
use a common seal ajid to alter the same at pleasure; to
make and alter, from time to time, such by-laws as they
may deem necessary for the government of said institu-
tion, its officers and servants : Provided, s'uch by-lav,?s are
not inconsistent with the constitution and laws of this state
and of the United States; and to confer on such persons as
maybe considered worthy of such academical or honorary
degrees as are usually conferred by similar institutions.

§ 2. The term of office of said trustees shall be three
years, but that of one-third of the members of the board for
each conference enjoying the appointing power by this act
shall expire annually; the term of each member of the board
herein named to be fixed by lot at the first meeting of said
board, which board shall, in manner above specified, have
perpetual succession, and shall hold the property of said
institution solely for the purposes of education and not as
a stock for the benefit of themselves or any individual con-
tributor to the endowment of the same; and no particular
religious faith shall be required of those who become stu-
dents of the institution. Seven shall constitute a quorum
for the transaction ol any business of the board, except the
appointment of president or professor or the establishment
of chairs in said institution and the enactment of by-laws

501 1855.

for its government, for which the presence of the majority
of the board shall be necessary.

§ 3. Said annual conferences of the Methodist Protest- Appoint TUit:r?.
ant church, under whosei control and patronage said insti-
tute is placed, shall each, also, have the right to appoint,
annually, two suitable persons, members of their own body,
visitors to said university, who shall attend the examina-
tion of students and be entitled to participate in the delib-
eration of the board of trustees and enjoy all the privile-
ges of members of said board except tiie right to vote.

§ 4. Said institution shall remain located in or near the Location.
town of Henry, Marshall county, state of Illinois; and the
corporators and their successors shall be competent in law
or equity to take to themselves, in their said corporate
name, real, personal or mixed estate by gift, grant, bar- Receive br hk,
gain and sale, conveyance, will, devise or bequest of any
person or persons whomsoever, and the same estate, wheth-
er real, personal or mixed, to grant, bargain, sell, convey,
devise, let, place out at interest or otherwise dispose of ,

the same for the use of said institution in such manner as
to them shall seem most beneficial to said institution. Said
corporators shall faithfully apply all the funds collected or
the proceeds of the property belonging to said institution
according their best judgments in erecting and completing
suitable buildings, supporting necessary officers, instruct-
ors and servants and procuring books, maps, charts, globes
and philosophical, chemical and other apparatus necessa-
ry to the success of the institution, and do all other acts
usually performed by similar institutions that may be
deemed necessary or useful to the success of said institu-
tion under the restrictions herein imposed : Provided, Proviso.
nevertheless, that in case any donation, devise or bequest
shall be made for particular purposes accordant with the
design of the institution and the corporation shall accept
the same every such donation, devise or bequest shall be
applied in conformity with the express conditions of the
donor or devisor : Provided, further , that said corporation Provmed further.
shall not be allowed to hold more than one thousand acres
of land at any one time unless said corporation shall have
received the same by gift, grant or devise, and in such ca-
ses they shall be required to sell or dispose of the same
within ten years from the time they shall acquire such ti-
tle, and on failure to do so such land over and above the
beforenaraed one thousand acres shall result to the original
donor, grantor, devisor or their heirs.

§ 5. Treasurer of the institution and all other agents, oivebond.
when required, before entering upon the duties of their ap-
pointment, shall give bond for the security of the corpora-
tion in such penal sum and with such securities as the cor-
porators shall approve; and all process against the corpo-

1855.

502

Vacancies filled.

Ssi«i)lisli depart-
in en ta.

iir^ «rf vl

ration shall be by summons, and the service of the same
shall be by leaving an attested copy thereof with the trea-
surer at least thirty days before the return day thereof.

§ 6. The corporation shall have power to einplcy and
appoint a president or principal for said institution and all
such professors or teachers and all such servants as may
be necessarv, and shall have power to displace any or such
of them as the interest of the institution may require; to
fill vacancies which may happen by death, resignation or
otherwise among said otticers and servants, and to pre-
scribe and direct the course of studies to be pursued in
said institution.

§ 7. The corporation shall have power to establish de-
partments for the study of any and all the learned and lib-
eral professions in the same; to confer the degrees of Doc-
tor in the learned arts and sciences and Belles Lettres, and
to confer such other academical degrees as are usually
conferred by the most learned institutions.

§ 8. Said corporation shall have power to institute a
board of competent persons, always including the faculty,
who shall examine such individuals as may apply, and it
such applicants shall be found to possess such knowledge
pursued in said institution as in the judgment of said
board renders them worthy they may be considered grad-
uates in course, and shall be entitled to diplomas accord-
ingly ; and if any such applicants are found to possess
such knowledge in any paiticular branch or branches of
learning pursued in said institution as in the judgment of
said board renders them worthy the said board may, in
ar»at Jipiomw. their discretion, grant said applicant a diploma as a grad-
uate in such particular branch or branches in which said
applicant is found qualified on paying such fee as the cor-
poration shall fix; which fee, however, shall in no case ex-
ceed the tuition bills of the full course of studies in said in-
stitution. Said examining board may not exceed the num-
ber of ten, three of whom may transact business, provided
one be of the faculty.

§ 9. Should the corporation at any time act contrary
to the provisions of this charter or fail to comply with the
«^i same, upon complaint being made to the circuit court of

Marshall county a scire facias shall issue, and the circuit
attorney shall prosecute in behalf of the people of this state
for forfeiture of this charter.

§ 10. This act shall be a public act, and shall be con-
strued liberally in all courts for the purposes herein ex-
pressed.

Approved Feb, 15, 1855,

503 1856,

AN ACT to incorporate the Marengo CoHegiate Jnstitateof the Presbytery i«sft»oe refe.n,

of Chicago. *S**'

Section 1 . Be U enacted by the people of the s(ute of lUi"
nois^ represented in the General As^evnhly^ That George
F. Goodlme, Marcus White, Anson Sperry, R. K. Todd and o»ueE«u«».
John Ustick and their associates and their successors m.
office be and they are hereby constituted and created a.
body politic and corporate, under the name and style a^
*'The Marengo Collegiate Institute of the Presbytery of st?'»-
Chicago," and by that name and style Xa remain and have
perpetual succession; that said Institute shall be located at
or near the village of Marengo, va the county of McHen-
ry, and state of Illinois; and under the name and style abo^'e
shall have power to make contracts, sue and be sued, plead Scsem po«cn.
and to be impleaded, answer and to be answered mito, and
be capable in law of taking and holding by gift, grant and
devise, purchase or otherwise, and of holding or convey-
ing the same any estate, real, personal or mixed; to have
and us? a common sea! and to alter the same at pleasure ;
to make and alter, from time to time, such b5;-iaws as they
may deem necessary for the government of said institution,
its officers and servants : Provided^ such by-laws be not ^'^'f»r~
contrary to the constitution and laws of this state and of
the United States : Provided, further, that said corpora- Provwsws ?«nkf.".
tion shall not be allowed to acquire or hold real estate ex-
ceeding in value three hundred thousand dollars, aad that
only for the uses and purposes of said collegiate institute,
and that said corporation shall net be allowed to sell or
transfer any part or portion of said real estate unless it shall
be expressly lor the purpose of raising means to carry on
said collegiate institute, as contemplated in this act, any-
thing contained in this section to the contrary notwith-
standing.

§ 2. The government of the institute shall at all times Go^reramftat.
be vested in a board of trustees, which board shall consist
of not less than five nor more than twelve members, one-
third of which board shall constitute a quorum for the
transaction of ail business of the institution other than as
is hereinafter provided for, and which board of trustees is
to be appointed and the terms of office and number deter-
mined by the Presbytery of Chicago of tlie Presbyterian
Church, commonly called Old School, or any judicatory of
that church to which said presbytery may transfer tiiat
power.

§ 3. The said trustees shall have power to erect the e«*i tuadmae.

buildings necessary for the institution; to obtain title in the

name of the corporation to the lands on which the build-

ngs are to be erected; to appoint a president and profes-

•3ors and instructors as the wants of the institutioi! may re-

1865-

Caui[>fiaak{kKi.

qojre and the funds justify ; to fix the compensation of the pres-
ident, proftissors, teachers and instructors and to remove or
disiffiiss any one or all of them and appoint others in their
place; to employ agents and servants and dismiss them at
pJeasure;topurchase furniture, books, maps, charts, globes,
cliemica], philosophical and other apparatus required in the

Tmi«B. business of instruction; to fix the price of tuition, room

reiit and all other accommodations afforded to pupils, and-
to prescribe the coarse of study; to adopt by-laws for the
regYilatioa of the duties of all persons employed in the in-
stiUJtvoii asd the conduct o^ students and pupils. They

sui)pe«a ui rjss- shall also have power to suspend or dismiss from the insti-
uiaB stsacate. ^jj^jj ^[j studeuts or pupils who may violate the laws or
whose eo»doet may be immoral : Provided^ two-thirds of
the boarfl must coBCur in the appointment or removal of
tlte pTtesident, or a majority of the board must concur in
the appointment or removal of professors and instructors
m the academical department.

§ 4, Said corporation may and shall have power to is-r
sise certificates of scholarship, limited or perpetual, upon
siieli terms and conditions as the corporation and the party
c»fiiractl;ag for the scholarship may agree; and the benefit
of s?iDh scholarship shall inure to the holder in such man-
B<&y as is provided in said certificate of scholarship.

§ 5> Said corporation may and shall establish and al-
ways maislain a primary department; may admit females
as "w«B as laales to the benefit of said institute, and may
establish a separate female department. They shall also
bave the power, in eoanection with the professors, of grant-
ing aad leoflferriiig such degrees in the liberal arts and sci-
»Be©5 or sach branches thereof to students and others whoiE
by theiy pro'fieieBcy in learning and other meritorious dis-
Imetioas they shalJ regard as entitled to them, as it has
l»e©B rasaal to grant in univeisities and colleges, and to
grant to ssieh graduates diplomas and certificates under
tlieir common seal to authenticate and perpetuate such
gradoatioia : Provided^ however, that the power to con-
fer degrees as aforesaid shall not be exercised until said
pyesbytery shalS determine so to do.

§ 6. The said institute shall be open to all denomina*
Eons of christians, and the profession of any particular
Teligiou?^ faith shall not be required of those who become
students.

§ lo. No misnomer of said corporation shall defeat or
an»u! any giftj grant, bequest or devise to or for said cor-
poratioa Jor the use or benefit of the Marengo Col'egiate
Institute or any department thereof: Provided, the inter-
est of the party or parties making such grant, gift, devise
or bequest be sufficiently manifest

y.r:,mses-y

r»j»ar:-

K;n,5aTeas(s» Jst,

505 1855.

§ 8. All property of whatsoever kind and description Property.
belonging or to belong to said institution or appertaining
thereto shall be and forever remain free and exempt from Exempt from
all taxation for any and all purposes whatsoever.

§ 9. The said trustees shall hold a meeting at Marengo Meeting,
on or before the first Monday of April next, appoint a pres-
ident, secretary and treasurer of the board and to do and
transact such other business as may be necessary to be
transacted or done to complete their organization.

§ 10. This act to take effect and be in force from and
after its passage; and it phall be deemed a public act, and
shall be construed liberally in all courts for the purposes
therein expressed.

Approved Feb. 14, 1855.

AN ACT to inc rporafe the Buel Institute. m <or«e '«»»• *>

'^ 1855.

Section 1. Be it enac'cd hy the people of the state of
Illinois, represented in the General l^ssembly. That Ralph
Wall, H. K. Zenor, Harvey McPherson, W. A. Pennel, Corpo»tow.
L. G. Edgerly and H. N. Jchooler, of Putnam county,
and S. L. Bullock, of La Salle county, present officers of
the Buel Institute, and their successors in office, be and
they are hereby declared to be a body politic and incorpo-
rate, by the name and style of " The Buel Institute." Name and style.

§ 2. The object of the society being to promote the Objects.
agricultural, horticultural, manufacturing, mechanic and
household arts, they shall be allowed to take and hold real
and personal estate, the former to the amount only of
twenty-five thousand dollars.

§ 3. The society shall have the right to contract and ^^°"*^ '^**"'
be contracted with, to sue and be sued, to plead and be
impleaded, to answer and be answered unto in all courts
of law and equity of this state, and shall further enjoy all
the privileges incident to incorporations of said character
and not inconsistent with the laws of this state.

§ 4. The society shall have power to alter and amend
their present constitution, to make, alter and repeal such
by-laws as may be deemed necessary for carrying out the
objects of this society.

§ 5. It shall and may be lawful for the said corpora- Common awii,
tion to have and use a common seal, and the same at their
pleasure to change, alter, make anew; in general have and
exercise all such rights, privileges and immunities as by law

1855.

606

are incident to or necessary to the corporation herein con-
stituted. This act to take effect from and after its pai-
sage.

Approved Feb. 9, 1855.

la force Feb. 14,
1865.

AN ACT to incorporate the Illinois State Teachera' Institute.

(Sorporators.

Body politic.
Name.

a«a( estate.

Blection at offi

Section 1. Bs it enacted hy the people uf the state of
Illhiois^ represented in the General Assemhly^ That W.
H. Powell, C. E Hovey, D. Wilkins, Onslow Peters, A.
W. E^tabrook, Newton Bateman, S. Wright, G. W. Mi-
nier, W. F. M. Arny and such other persons as are or here-
after may become members of the Illinois State Teachers'
Intitute are hereby constituted and created a body poli-
tic and corporate, by the name and description of *' The
Illinois State Teachers' Institute," and by that name shall
have power to sue and be sued, plead and be impleaded,
defend and be defended in all courts of law or equity in
this state; and they shall have a common seal, which they
may alter and break at pleasure.

§ 2. The said association hereby created shall have
power to take and hold real estate or other property to
the value of twenty-five thousand dollais.

§ 3. The said institute shall have power to elect such
officers as may be necessary to the well ordeving of the
same and for the furtherance of the objects? of the same;
which objects are the promotion of the general interests
of common schools in the state of Illinois and to qualify
young men engaged in teaching in said schools to dis-
charge honorably and usefully the various duties of their
profession.
«<3cpor»te powers § 4. The Corporate powers hereby conferred shall be
such only as shall be essential or useful in (he attainment
of the object hereinbefore specified and such as are usu-
ally conferred on bodies corporate.

§ 5. A meeting of the members of the institute shall
be held at Springfield, Illinois, on the twenty-sixth day of
December, 1855, and forever thereafter, annually, at such
times and places as said institute, at its annual meetings,
shall determine.

§ 6. The said institute shall have power to pass such
by-laws as will, in its judgment, best promote the object*

PI toe of meeUtK.

»y-)»wa.

507 1856.

aforesaid, not inconsistent with the laws or constitution of
this state.

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

Approved Feb. 14, 1855.

AN ACT to incorporace the Illioois Institute.

Section 1. Be it enacted by the people of the state of
Illinois, represented in the General JlssemhhJ, That there
be and hereby is created and established at Wheaton, in L«c»t«i.
the county of Du Page, in this state, a collegiate seminary
of learning for the instruction of youtlis in the various
branches of science and literature, the useful arts and the
learned aiid foreign languages.

§ 2. That the siiid institution shall be called and known Name and 9t,i«.
by the name an ' style of " The Illinois Institute."

§ 3. Ruf.;s^ Sumry, Joseph Powf 11, E. Conant, W. S. corporator..
Wheaton, E. Gary, Stephen Sails, A. Chadwick, S. Chad-
wick, J. Vallette, R. F. Markham are hereby constituted
a body politic and corporate, by the name and style of
" The Trustees of the Illinois Institute," and by that name BodyBoutto.
shall have perpetual succession and a common seal, which
seal they may alter at pleasure; may sue and be sued, <^«'^"*' i"""''*'
plead and be impleaded; with power to purchase, receive
and hold, to them and their successors forever, all lands,
tenements, rents, goods and chattels, of what kind soever,
which may be purchased by or may be devised or given
to them for the use of the said institute, and to lea^e, sell,
rent or otherwise dispose of the same in such manner as
shall seem most conducive to the advantage of said insti-
tute; to elect and employ such president, professors, in-
structors and tutors for the benefit of said institute as they
may deem necessary; to select and employ a treasurer; to ^

fill vacancies during the interval of conference; to form
their own by-laws, and do all business that may be neces-
sary and appropriate to secure the permanency and pros-
perity of the institute.

§ 4. All vacancies occurring in the board to be filled vacanctw uue*.
by the Illinois Annual Conference of the Wesleyan Me-
thodist Connection of America : Provided, that the trus-
tees in office may appoint persons to fill vacan'cies, whose
term of service shall only continue until the next session
of the annual conference.

1855.

508

President.

VMTrilT.

■sUbliflh depart-

Fraparatory de-
pulneat.

School fands.

Vlieoloelcal d»-
partmeat.

■zuninatloa of
••ndtdatss.

Term of office.

Mar ba iDcreaied

§ 5. The president of said institute, by and with the
advice of said trustees, shall have power, from time to
time, to ordain, regulate and establish the course and
mode of instruction and education to be pursued in said
institute, and, together with such professors, instructors
and tutors as the corporation may designate, shall he styled
"The faculty of the Illinois Institute," and shall have
power to adopt and enfon^e such rules as may he deemed
expedient for the government of the institution, which rules
shall be in force until disproved of or annulled by the trus-
tees and faculty.

§ 6. The said trustees and faculty shall have power to
establish departments for the study of any and all the learn-
ed and liberal professions in the same; to confer such de-
grees as are usually conferred in similar colleges in the
United States in the learned arts and sciences. Tlie said
trustees may also attach to said institute an academical or
preparatory department, a female department and a com-
mon school department; and when such common school
department shall be in operation agreeably to the com-
mon school laws of this state the trustees shall be entitled
to draw their proportion of the township, school, college
and seminary funds for such scholars as may attend the
same : Provided, such scholars reside in the township
where such institution is located; and iiay also connect
manual labor with any or all of those departments.

§ 7. The Illinois Conference of the Wesleyan Metho-
dist Connection of America shall have power to connect
with this institution whenever they see fit a theological
department

§ 8. The trustees or a majority 'of them shall have
power and authority to meet at such times as they shall
think necessary for the examination of any candidate for
literary degrees; and they are hereby authorised and em-
powered, upon recommendation of the faculty, to confer
such degrees on such persons as in their opinion shall me-
rit the same in as ample a manner as any other similar in-
stitution can do, and under their common seal to testimo-
nials thereof, signed by the faculty of the institute.

§ 9. The above trustees are to hold their office for the
term of five years, and the trustees now in office are to
go out as follows : Jonathan Valette and S. Chadwick in
May, 1855; R. Sumry and E. Con ant in May, 1856; W.
S. Wheaton and E. Gary in May, 1857; Stephen Sails
and A. Chadwick May, 1858; J. Powell and R. F. Mark-
ham May, 1859.

§ 10. The board of trustees may be increased to the
number of twenty at the discretion of the above named
annual conference, a majority of which shall constitute a
quorum to transact business.

509 1865.

§ 11. The trustees shall also have the power to sell scuoiarBiupB.
one hundred thousand dollars' worth of scholarships for the
purpose of endowing the institution.

§ 12. It shall be the duty of the trustees to hold an Annual meeting.
annual meeting at such time and place as they think best
for the purpose of settling all business pertaining to the
institute.

Approved Feb. 15, 1855.

AiN' ACT to incorporate the Illinois Military Institute. m force Pet. 14,

1855.

Section 1. Be it enacted by the people of the State of
Illinois, represented in the General Assembly y That James
Shields, Thomas L. Harris, L. F. McCrillis, Joseph Per- corporatois.
kins, John Moore, James Barret, Washington lies and
^'illiam Butler and their associates and successors are
hereby created a body corporate and politic, for the pur- Bodypoimo.
pose of founding, establishing and maintaining an institu-
tion of learning and military sciences at or near the city
of Springfield; Illinois, to be known by the name of " The
Illinois Military Institute."

§ 2. Said corporation shall be known by the name and Name and styv«.
style of " The Trustees of Illinois Military Institute,"
and by that style and name remain and have perpetual General powen.
succession, with power to sue and be sued, plead and be
impleaded^ to acquire, hold and convey property, real,
personal or mixed, in all lawful ways; to fill ail and every
vacancy or vacancies occurring in their body by death or
otherwise; to make, alter and establish, from time to time,
such constitution, rules, by-laws and regulations as they may
deem necessary for the good government of said corpora-
tion and the proper managemtr.t of the institution under
their control : Provided, such constitution, rules, by-laws
or regulations be not inconsistent with the constitution
and laws of this state or of the United States.

§ 3. The number of persons constituting said board Number oi t»u»-
of trustees shall never exceed twenty- four, one-fourth of **®''
whom shall p-o out of ofiice annually, eight of whom shall
constitute a quorum for the transaction of business, duly
notified and assembled.

§ 4, Said corporation may establish separate depart- objectB.;
ments of the lean ed professions generally taught in uni-
versities of the highest grade, and shall have power to
grant and confer the several degrees in the sciences and

1856.

510

I^oca'e and erect
baildingE, &.C.

Oprnpensatlon of
(ABcerB.

Prijperty.

Vxsmpt from
taxation.

Oortlflcatss of
■cholarshlp.

■ntltled to bene-
ats, &.C.

literature equal to that possessed by any university in this
state, to which shall be added a military department, in-
cluding military tactics in the use of arms and internation-
al law.

§ 5. The trustees shall have power to locate and erect
the buildings necessary for the institution; to obtain title,
in the name of the corporation, to the land on which the
buildings are to be erected; to appoint a president and
professors, teachers and instructors, as the wants of the
institution may require and the funds justify; to fix the
compensation of the president, professors, teachers and
instructors, and to remove or dismiss any one or all of
them and appoint others in their places; to employ agents
and servants and to dismiss them at pleasure; to purchase
furniture, books, maps, charts, globes, chemical, philo-
sophical and other apparatus required in the business of
instruction; to prescribe the course of study, fix the price
of tuition, room rent and all other acoraraodations afforded
to pupils; to adopt by-laws for the regulation of the duties
of all the persons employed in the institution and the con-
duct of students and pupils. They shall also have power
to dismiss from the institution all students or pupils ^V^lO
may violate the laws or whose conduct may be immo-
ral.

§ 6. The corporation may receive or take, by any
mode of conveyance or transfer, property, real, personal or
mixed, and have, hold and use the same, together with the
issues, rents and profits thereof, for the use of the instit:i-
tion and subject to ihe control and disposition of the trus-
tees : Provided, however, that property or money dona-
ted to the institution for a special purpose shall, if ac-
cepted, be faithfully applied to such purpose.

§ 7. The lot of land on wliich the building may be
erected, not exceeding in quantity twenty acres, with the
improvements theieon and ail the personal property of
the corporation shall be exempt from taxation for any
purpose whatever.

§ 8. Said corporation may issue certificates of scho-
larships, limited or perpetual, upon such terms as the cor-
poration and the party contracting for the scholarship
shall agree, and the benefit of such scholarship shall inure
to the holder thereof, his or her heirs or assigns, so long
as the covenants therein agreed to by the person or per-
sons contracting for or lawfully owning such scholarship
shall continue to be faithfully performed and no longer,
except at the option of the corporation.

§ 9. Each county of this state and counties hereafter
organised by law shall be entitled and their several coun-
ty commissioners are hereby authorised and may have the
power to purchase one scholarship or more, at their op-

'^mm 511 1855.

tion, o\' the corporation : Provided, the student or stu-
dents sent to said institution by said counties shall be se-
lected by the grand jury of the several counties on merit
only, to be certiiied by the clerk of the county court.

§ 10 Said corporation shall have the use of the neces- ?iatearm»,
eary state arms and geological specimens, diagrams and
maps belonging to -at any time to this state.

§ 11. Said trustees shall have pov/er to receive dona- Donations, tcr.
tions of land, books and money for the purpose of estab-
lishing and endowing said institution, and shall not use any
money given for this purpose except as a perpetual fund,
which thoy may loan out at any rate of interest, not ex-
ceeding ten per cent, per annum, which interest may be
used for defraying the current expenses of the institu-
tion.

§ 12. This act to be in force from and after its pas-
sage.

Approved Feb. 14, 1855.

AN ACT to incorporate tbe Garrett Siblical Institute. in force Jeb. is,

185S.

- Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly, That Oring-
ton Linch, John W. Evans, Philo Judson, Grant Goodrich corporators.
and Stephen P. Keys and their successors in oilice, to
be elected as hereinafter provided, be and are hereby
constituted a body corporate and politic, under the name
and style of "The Garrett Biblical Institute," and by that style.
name and style shall have perpetual succession, with pow- General poweri,
er to sue and be sued, implead and be impleaded, and shall
be capable in law of taking and holding by gift, grant, de-
vise or otherwise, and of purchasing, holding and convey-
ing, both in law and equity, any estate or interest therein,
real, personal or mixed, and shall have power to execute
and fulfil all such trusts as may be confided to sai<i corpo-
ration and to take, hold, use, manage, lease and dispose of
all such trust property as may in any manner come to said
corporation charged with any trust or trusts in conformity
therewith; to have and to use a common seal and to alter
the same at pleasure; to make and alter such by-laws as
from time to time may be deemed necessary lor the regu-
lation of the proceedings of the trustees, the government
of said institute, its aflfairs, servants and students : Provi-
ded, such by-laws are not inconsistent with the constitu-
tion or laws of this state.

1855.

512

<J«ftUflc«tlon.

Vacftncies flUede

§ 2. SaitJ corporation shall have power to establish and
maintain within the present bounds of the county of Cook
a biblical institute, under the patronage and control of the
Methodist Episcopal Church, and the persons hereinbefore

Dtrectoce, mentioned as corporators shall constitute the first board of

trustees, and by lot shall be divided into two classes, the
first class to consist of two trustees, who, and their suc-

TecTOof office, ccssors, shall hold their office for four years; and the se-
cond shall consist of three trustees, who, and their succes-
sors, shall hold their office for two years from the appro-
val of this act. Said trustees shall, however, respectively,
hold their olEce until their successors are elected and qual-
ified. The Rock River Annual Conference of the Metho-
dist Episcopal Church, and in case of a division of said con-
ference then the annual conference within the bounds of
which said institute may be located, shall elect said trus-
tees of said institute hereafter to be chosen; all of which
shall be members of said'Methodist Episcopal Church, and
three of them be members of said annual conference, and
the remaining two ot them be members of said church and
residents within the present bounds of the county of Cook.
In case of a vacancy in said board of trustees by death or
otherwise the said board of trustees may, by ballot, fill such
vacancy by tiie election of such qualified person or per-
sons, and such person or persons so elected shall hold their
office until the next meeting of said annual conference,
when such vacancy shall be filled by such conference. In
case any of such trustees should at any time cease to be
members of said Methodist Episcopal Church they shall
from thenceforth cease to be such trustees, and their place
may be filled in the manner aforesaid.

§ 3. Said trustees shall have power to appoint and at
pleasure remove such professors and teachers in said insti-
tute as they shall see fit. Said professors and teachers
sha'l constitute a board of instruction, and may, with the

aiaot president, tiustees, cicct a president thereof. Said trustees may con-
fer the degree of Doctor of Divinity on such person or per-
sons as they may deem entitled thereto, on the recommenda-
tion of the board of instruction. Four of said trustees shall
constitute a quorum for doing business.

§ 4. Any annual conference of said Methodist Episco-
pal Church which shall declare itself and become a patron
of said institution may appoint two of its members a visi-
ting committee, who shall have power to participate in the
examination of students of said institute and inquire into
the manner of conducting said institute and the teaching
therein, and may meet with the board of trustees and sub-
mil to them such advice and recommendations as they may
deem proper in regard to the management and usefulnegf
of said institute.

May remove pro
teeeoTS, k.e.

^>1&ltiog commit

tM.

613 1866.

§ 5. The doctrines taught in said institution shall con- ooctrme.
form to and be in harmony with tlie doctrines held and
maintained by the Methodist Episcopal Church, as embra-
ced in her articles of reagion; and said annual conference
of said church within whose bounds said instiiution shall,
as aforesaid, be situated, may at any time appoint a com-
mittee of not less than three members of said conference
to inquire into the doctrines so taught and report their
opinion itK^reon to said conference in the premises; and in
case they shall report the teaching of doctrines in said in-
stitute contrary to said articles of religion, and said con-
ference shall, on investigation, and from the evidence pro-
duced before them, be satisfied that such misteaching ex-
ists they shall report that fact to said board of trustees,
who siittll thereupon remove the professor or professors,
teacher or teachers so declared guilty tliereof.

§ 6. That all property of whatever kind or description Property,
belonging to or owned by said corporation or held in trust
by any person or persons for the use thereof shall forever Exempt fr««
be free from all taxation for any and all purposes. **^*'*'

§ 7. Tills act to take elFect and be in force from and
after its passage, and to be deemed a public act=

Approved Feb. 16, 1^55.

AN ACT to incorporate Berean College. ja ^^^^^ ^^^j, ,j

1866.

Section 1. JSe it enacted by the people of the state oj
lUviuis^ represented in the General ^sseinbly^ That Joseph
Morton, N. M. Knapp, Joel Heddington, li. T. Cassell, cofporator*.
Anderson Foreman, N. Deweese, W. VV. Happy, Samuel
Wagiey, J. Atkmson, J. J. Cassell, L. T. Calloway, James
Simpson, A. J. Kane, Jacob Ward and W. A. Mallory and
their successors be and are hereby created a body politic
and corporate, to be styled "Berean College," and by that style.
name to remain in perpetual succession, with power to con- General puwew.
tract and be contracted with; to sue and be sued; to hold
all kinds of property, real, personal and mixed, which they
may acquire by purchase, donatioti, devise or otherwise,
necessary to accomplish the objects of the incorporation,
and the same to dispose of and convey at pleasure; to have
and use a common seal, and alter the same at pleasure; to
make and alter by-laws for the government of tiie in orpo-
ration, its olBcers and agents, not inconsistent witii the con-
stitution and laws of tiie United States, or of this state, and *
shall have and enjoy and may exercise all the powers, rights
47

1855. 514

and privileges which other corporate bodies may lawfully
do for the purposes mentioned in this act.

©bjecis. § .;;. The objects contemplated by this act of incorpo-

ration are to build up and maintain in the town of Jack-
sonville an institution of learning of the highest class for
males and females, to teach and inculcate the Christian
faith and morality of the sacred scriptures and for the pro-
motion of the arts and sciences.

fruetees. § 3. The persons named in the first section and their

successors shall be the trustees of said institution, and shall
have power to erect the necessary buildings, to appoint a

President. president, professors and teacliers and any other agents

and otiicers; to confer degrees in tiie liberal arts and sci-
ences and to do all other things for the encouragement of
religion and learning which art lawfully done by the most
approved seminaries and colleges in the United States.

Brant, devise or § 4. If any gift, grant, devise or bequest should be made

becinest. ^^ ^.j^g Corporation tor particular purposes accordant with

tiie design of this inslilution and the trustees shall accept
the same it shall be applied in conformity with the express
conditions prescribed by the grantor, donor or devisor.

Secretary and § 5. Tiie trustees shall have power to appoint a secre-

Ipp^oinT/d.'** ^'^ tary and treasurer, and to require bond, with security, from
any officer or agent, conditioned for the faithful pertorm-
ance of the duties imposed upon them.

By-laws. § 6. The trustecs shall hold their offices for such terms

and shall receive their appointments in such manner as
shall be designated in the by-iav/s iierein jirovided for, and
they may increase their number to twenty-one.

Property exempt § 7. All property, real and personal, held by said insti-
' ' tution for the purposes herein contemplated shaii be ex-
empt from taxation.

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

Approved Feb. 12, 1866.

fram taxes.

la force Feb. 9, AN ACT to incorporate the Gernmn School Association of Mascoutah.
1866.

Section 1. Be it enacted bi/ the people of the state q/
Illinois, represented in General ^issemhly, That Wm.
eorpordtovs. Maus, Plui. J. "tloering, Julius Scheve, J. Th. Trautwein,
C. W. Pohle, Gottfr Deitz, H. Knauth, Christoph. Benz,
Carl Lucius, W. Welsch, Jacob Lang, Henry Decker,
George Dormer, Rudolf Rutz, Ch. Ewing, John P. Friess,
• Leon Fuhrmann, Albert Hyde, Ph. H. Postel and John

Knobelock and their associates are hereby constituted a

515 1855.

body politic and corporate, under tiie name and style of
"The German Scuooi Association of Mascoutaij," aad by Naraeandnyw.
that name and style shall have perpetual succession, with
power to sue and be sued, plead and be impleaded, prose- Gener»! powt?..
cute and defend in all actions at law and in equity; be ca-
pable in law ot taking and liolding by purchase, grant, gift,
devise or otherwise and of selling and conveying real and
personal estate; to borrow money and contract debts; to
loan the money and funds of the association and to take
notes, bonds, mortgages and other evidences of indebted-
ness; to have and use a common seal and to alter the same
at pleasure; to make and from time to time to alter such
by-laws, rules and orduiances as they may Jeem necessa-
ry for the government of the association : Provided^ that proviso.
such by-laws, rules and ordinances are not inconsistent
with the constitution ani laws of the United States and of
this state.

§ 2. The object of the association shall be the estab- objects,
iisliment and maintenance of a school in the town of Mas-
coutah, St. Clair county, Illinois, for the purpose of edu-
cation iind the extension of tlie iniluence of science and
morality.

§ 3. Every inhabitant of the town of Mascoutah and its Membership.
neigiiborhood may become a member of the association by
signing the list of members kept for that purpose and
by subscribing an amount of money, to be paid by him
every year, for tiie establishment, support and maintenance
of said school. Said amount of money shall be fixed by
the member subscribing it m proportion to his own finan-
ces and the number of children which he intends to send to
the school, and shall be paid at such times and places and
in such installments as may be enacted by the by-laws or
ordinances of the association.

§ 4. Tiiere shall be elected each year, at an election Boaniofdintt. ^
iield for that purpose, at such time and place as may be
fixed by the by-laws and ordinances of the association, by
the members thereof and out of their number, a board
of directors, consisting of five persons, who siiall hold their
office one year and until their successors shall be duly
elected and qualified. They shall appoint out of their president.
number a president, a secretary and a treasurer, and shall
have the right to fill vacancies in their body with members
of the associittion until the next regular election. With ooTernnH!»t.
said board of directors shall rest the government of the as-
sociation. They shall have tlie power and duty to regu-
late, do and transact all the business of the association; to
collect aad pay out all the money which lias been or may
be subscribed for the benefit of the association or may in
any other way be due or coming lo it; to protect and pre-
serve the property of the association; to select and employ

1866.

516

Duty of the pros
Jdeot.

nijc c»mpenaation a Competent teacher or teachers and to fix his or their
compensation and to remove and dismiss him or them when
in their oi)inion the interests of the association shall re-
quire it and to appoint anottier or others in his or their

Resuiate course piaces; to prescribe and regulate the course and mode of
instruction and edu ation, fix the price of tuition and en-
force the by-laws, rules and ordinances of the association:

pruriBo. Provided^ that there shall not be lauglit in said school in

the rejjular course of instruction nor at the regular hours
thereof the Cliristian religion, according to tlie doc-
trines, creed or rules of any particular church, sect or re-

provided further. Hgious socicty of whatever denomination : Jind provided^
aiso, that the members of the association shall i)a\e the
privilege of sending to said school without charge (other
than their yearly contribution) their children, tlieir waids,
their apprentices duly indentured to them and such chil-
dren as thej' may adopt in their families in the place of
children.

§ 5. The president of the board ol directors shall pre-
side at the meetings ot the board and at the general meet-
ings of the membersj and shall preserve the order and reg-
ulate the proceedings thereof. He shall have the right to

spociai meetings convene the board and to call special meetings of the mem-
bers whenever he thinks the intere^'ts of the association
require it, and shall always call a special meeting of the
association at the v/ritten request of five members. He

orafte. shall sign all drafts on the treasury, keep the seal of the

association and execute, sign and seal all deeds, bonds and
other instruments in writing which are to be executed in
the nan:e of the association.

§ 6. The secretary shall attend the meetings of the
board and the general meetings, and shall keep the min-
utes of the proceedings thereof and of the resolutions, by-
laws, rules and ordinances passed and adopted at such
meetmgs, and shall enter all the by-lt-ws, rules and ordi-
nances in a book kept for that purpose, and which shall be
eviUence in all courts of the matter therein contained. Pie
shall countersign all drafts on the treasurer and all deeds,
bonds and other writings which are to be executed in the
name of the association.

§ 7. The treasurer shall enter into bonds to the asso-
ciation for the faithful discharge of his duties in .-^uch amount
and witii such security as the board of directors shall di-
rect and approve. He shall collect and receipt for all
moneys due the association and pay out the same upon
the draft of the president, countersigned by the secretary.
He shall keep a correct account of all moneys received
and paid out, and shall keep and preserve all deeds, bonds,
notes and other evidences of indebtedness and papers be-
pers belonging to the associationj and his books and ac-

ftnties of secre

517 1855.

counts sliall at all reasonable times be open to tiie inspec-
tion pnd examination of the board.

§ 8. The meetings of the board of directors and the Time of toidjm
general meetings of the members shall be at such time and ^'^by-la^!-!^***
place as may be fixed bs the by-laws and ordinances of
tiie association. At ail meetings of the members ten mem-
bers present shall constitute a quorum, and all resolutions
shall be passed and adopted by a majoiity of the members
voting. In case of a tie the president shall have the cast- Tie,how<iecni»<i.
ing vote. All elections sfali be by ballot, and every mem-
ber who h.as paid up his dues to the associatio]! siiall be
entitled to vote. A in.ijoritjof tiie votes polled slsall elect.

§ 9. The school house of tlie as,«ociation and the fix- Exempt froni
tures in the same, the books and library of tlse association ^-a^tion.
and tiie lot of ground on w lieb t'leir school house is or may
be erected,, shall be exempt from all taxati( n.

§ 10. Any member who has paid up his dues to the as- Kssiguatioi;.
sociation may rerigu his membership, by a written notice,
delivered to anyone of the director^: and all members who
fail to pay their dues to the association may be proceeded
against by suit, in the nttme of the association, or may for-
feit their membership or both, at tlie option of tlie board of
directors.

§ 11. William Mans, Vh. J. Hoering, Julius Scheve, J. Direotora.
Ph. Trautwein and C. VV. Potile shall constitute the board
of directors for the ensuing year and until their successors
in office siiall be duly elected and qualified.

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

Approved Feb. 9, i?s55.

AN ACT to incorporate Uie Southern Illliinis Female Coiiege, at Salem, inioice Fob. 14.

1866.

Corporators.

Section 1. Be it enacted hy the people of the stale oj
Illinnis, represemed in the General Assembly, Tliat Siias
Lee Bryan, Uriah Mills, Samuel W. Cunningham, Thomas
J. Black, -James S. Miirtin, Justice R. Ryman, S. F. Mer-
cer, James Burk, Rulas P. McElwain, Thomas F. Houts,
Rev. J. J. Riciiardson, D. H. Stublefield, A. Bliss, John
S. Martin, Hardy Foster, Stokes Prewat, James Cliance,
A. Kell, D. H. McCord, Dr. Ranny, of the county of Ma-
rion, be and ihey are liereby constituted a body politic
and corjiorate, under the name and style of " The Trus ,

,. ', c< ■ T !• • -n 1 /-I II •,', t-i • 1 Name aodstvie--

tees 01 tiie boutiiern iiliiiois 1 1 male UGuesre." baici trus-
tees siiali have perpelaal succession, may have a common
«ealj and enact such by-laws and adopt such regulations as

1855.

518

•#lvrt notiso.

BHect trustc-'

are not inconsistent with the constitution or by-laws of this
state-

§ 2. Said board of trustees shall have power to take
and receive any donations or contributions for the purpo-
ses herein provided for, and to purchase and hold or re-
ceive, by donation or otherwise, any quantity of land, not
exceeding ten acres, and to erect thereon suitable build-
ings for said female college, with a preparatory depart-
ment for males, and to employ competent teachers and in-
structors and to purchase books and all other things ne-
cessary and proper for accomplishing the objects of this
incorporation, and to confer such honorary degrees as are
usually conferred in institutions of like character : Provi-
ded^ that said board of trustees may receive by donation
or devise any quantity of real estate and hold the same in
trust or may sell and convey the same for the benefit of
said college.

§ 3. The board of truste.es shall give six weeks' no-
tice, by publication in some public newspaper in the coun-
ty, if there be any, if not, by posting up written notices in
three public places in the county, to the contributors to
said college, to meet at some convenient place in said
countj, to be appointed on the 1st Monday in January,
A. D. 1858, and elect twenty-one trustees for said col-
lege; and in like manner a new board shall be elected ev-
ery (bur years thereafter ; Provided^ that a failure of said
contributors to elect said trustees at the expiration of any
term shall not work a dissolution of said corporation, but
the board in existence shall continue in office until their
successors are elected and qualified : ^nd provided, fur-
^m^^^^' '^°"' ther, that said trustees shall have power to fill any vacan-
cies that may accrue in said board by resignation, death or
otherwise until the next regular election. Five members
shall constitute a quorvim to transact business.

§ 4. The Southern Illinois Conference shall, at its an-
nual session, have power to appoint a visiting committee
of twenty-one, who shall have joint vote with the board
of trustees upon all business before the board at its an-
nual meetings, and that said conference shall have power
to appoint an agent or agents for said college when said
trustees shall request them.

§ 5. jind be it Jiirther enacted. That all the action
heretofore of the trustees named in sec. 1st or any part of
them in relation to said institution, and all contracts here-
tofore made by them are hereby legalized, and shall inure
to the board of trustees hereby created.

§ 6. The trustees shall have power to establish sub-
ordinate schools any where within the present bounds of
the Southern Illinois Conference, as preparatory depart-

Tisitlag oommit'

HIectlons legall-

519 1865.

ment5 to said school, by the sale of scholarship or other-
wise.

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

Approved Feb. 14, 1855.

AN ACT to incorporate Peoria University.

Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assemhly, That B. F.
Spelman, T. W. Hynes, A. Kirk))atrick, James Smith, R. Ccrrorator*.

V. Dodge, .J. G. Beraeii, Allen, T. S. Vail, W. Mc-

Candless, T. Cando/, A. Coffey, F. N. Ewing, Proc-
tor, R. H. Richardson, G. F. Goodhue, H. McCormick, H.
J. Coe, S. T. Wilson, N. B. Curtis, J. Reynolds, J. L. Gris-
wold, P. R. K. Brotherson, J. Walker, S. S. Clark, J. K.
Cooper, J. W. Hansel, A. P. Bartlett, R. Rouse, J. Mc-
Clay Smith and R. P. Ffirris be and they are created a
body corporate and politic, for the purpose of founding and
maintaining at or near the city of Peoria, Illinois, an insti-
tution of learning, to be known by the name of "The Peo-
ria University."

«^ 2. Said corporation shall be known by the name and Name and gtyie.
style of "The Board of Trustees of Peoria University," and
by that style and name shall remain and have perpetual
succession, with power to sue and be sued; to plead and ©enerai power*.
be impleaded; to acquire, hold and convey property, real,
personal or mixed, in all lawful ways; to have, use and al-
ter at pleasure a common seal; to make, alter and estab-
lish, from time to time, such constitution, rules, by-laws
and regulations as they may deem necessary for the good
government of said corporation and the proper manage-
ment of the institution under their control : Provided, such
constitution, rules, by-laws or regulations be not incon-
sistent with the constitution and laws of this state or of the
United States.

§ 3. Said trustees shall be divided into five classes, Trustees mvi^**
whose term of service shall be arranged in such a manner ''^'o ^i**"**-
that one class shall go out of office in each successive year
at the time of the regular annual meeting of the Synod of
Illinois of the Presbyterian Church, in the United States of
America, and as such vacancies shall occur they shall be
filled by appointment of said synod at said time of meet-
ing.

1855.

520

tate

•ertifictktea of
Mbolnrsbip.

©*o?eriiiiiont.

MwDJberof true- § 4. The number of trustees constituting said board
**■ shall never exceed tliiitV) nine of whom shall conslitute a

quorum for the transaction of business at any regular or
special meeting, duly notified and assembled.
■ stawjsb 8«pa- § 5. Said corporation may establish separate depart-
raents or the learned professions, tne sciences and arts, in-
cluding the departments of theology, medicine and law, and
shall assign to each department a competent faculty of in-
struction: Provided, the appointment of instructors and pro-
fessors constituting each faculty shall be subject to the
sanction of said synod.

§ 6. Said corporation may issue certificates of scholar-
ship, limited or perpetual, upon such terms as the corpo-
ration and the party contracting for the scholarship shall
agree; and the benefit of such scholarsiiip shall inure to
the holder thereof, his or her assigns, so long as the cov-
enants therein agreed to by the person or persons contract-
ing for or lawfully owning such scholarship shall continue
o be faitiifully performed and no longer, except at the op-
tion of the cor]>oration.

§ 7. The professors or a majority of them duly appoint-
ed in said university as provided for in section five (5) of
this act shall constitute a faculty with power to enforce
the laws, rules and regulations enacted by the board of
trustees for the government and discipline of the students;
to suspend or expel such of them a«! may in their judgment
deserve it, and to grant and confirm, by the consent of
the board of trustees, degrees in the liberal arts and sci-
ences or any of the brancltes thereof to students or others
whom by their proficiency in learning and other meritori-
ous distinctions they shall regard as entitled to them, as it
has been usual to grant in ither universities and colleges,
and to grant to such graduates diplomas or certificates,
under their common seal, to authenticate and perpetuate
such graduation.

§ 8. No misnomer of sai-- corporation shall defeat or
annul any gift, grant, bequest or devise to or for said cor-
poration for the use and benefit of the Peoria University or
any department thereof: Provided, the intent of the party
or parties making such gift, grant, devise or bequest be
suthciently manifest.

Approved Feb. 16, 1855,

521 1866.

AN ACT to amefid an act to incorporafp th? Shawnpe'own and Equality
Plank Road Companj'. approved tt'.e twenty-first day of Jiirje, in yoar
1852. and an act to amend said act, approved on tli« twenty-seventh day
of January, in the year 1853.

Section 1. Be it enacted by the people of the at ate of
Illinois, represented in the General ^^s-.^ernblu. That tlie AmendnieDt «•
thirteenth section of the first recited act lierein be and the
iame is so amended as to authorise the said company to
receive the following rates of toll for the first one mi'e and
a quarter from the Ohio river, westwardly, over which a
heavy embankment has been constructed, to wit : For
each man and horse, five cents; for each vehicle drawn by
one or two horses, ten cenis; (or each vehicle drawn by
four horses or oxen, twenty cents; for loose cattle and
horses, two cents each, and for hogs and sheep one cent
each. It is further enacttd that this amendment to said
acts of the twenty- first of June, eighteen hurdred and
fifty-two, and the aforesaid amendment of the twenty-
seventh of January, eighteen hundred and fifty-three, take
effect and be in force from the date of its passage : Provi-
ded, that the provisions of this act siiall not extend to per-
sons, teams or stock which shall have passed two or more
of the gates on said plank road or for which the toll of two
or more of said gates may be paid or tendered at the gate
thereon nearest the Oiiio river.

Approved Feb. 13, 1855.

AN ACT to incorporate the Waterloo and Carondelet Turnpike Road and In force Feb. M.
Ferry Company. *866.

Sfction 1. Be it enacted by the people of the state nj
Illinois, represented Hn the General %/issembly, That all
such persons as shall become stockholders agreeai.dy to
the provisions of this act in the corporation hereby crea-
ted sfiall and for the term of thirty years from and after
the passage of this act continue to be a body corporate and Body corpoTat.
politic, by the name and style of " Ti»e Waterloo and Ca- ""'^p^""^-
rondelet Turnpike and Ferry Company," and by that style.
name shall have succession for the term of >ears above General poww*.
specified ; may sue and be sued, complain and defend
in any court of law or equity; may make a-.d use a com-
mon seal and alter the same at pleasure; may make by-
laws, rules and regulations for the management of its pro-
perty, the regulation oi its aft'airs, the a})pointment and
number of its oificers, and for the tranfer of its stock, not

1865.

522

Power to main-
tain turnpike.

0«pit(d itock.

4aaMHi«Hion»rg.

Op»a buoke.

being inconsistent with the laws of this state or the United
States, and may also appoint such subordinate agents, offi-
cers and servants as the business of said corporation shall
require, and shall allow them a suitable compensation,
prescribe their duties, and require bond for the faithful
performance thereof in such penal sums and with such se-
curities as they may choose, who shall hold their offices
during the pleasure of a majority of the directors of said
corporation.

§ 2. The said corporation shall have full right and
power to construct and maintain a turnpike road, com-
mencing near the town of Waterloo, in Monroe county, in
the state of Illinois, at and opposite the brick house known
as the " David Nolen property;" thence northward on the
main road leading to Carondelet, by the way of Columbia,
to the banks of the Mississippi river, in the county of St.
Clair, Illinois, opposite to the town of Carondelet, in the
county of St. Louis, in the state of Missouri, or upon such
other line, from point to point, as shall be deemed by the
director*! of said corporation most practicable, with such
width and depth of macadamising thereon as said directors
shall determine : Provided, that this act shall not be so
construed as to prevent any state or county road at pre-
sent established or which may hereafter be established by
authority of law from crossing said turnpike road or in-
tersecting the same.

§ 3. The capital stock of said corporation shall be
one hundred thousand dollars, and may be increased to the
sum of one hundred and fifty thousand dollars if the same
shall be required to complete the said turnpike.

§ 4. William L. Adelsberger, Charles H. Heer, Con-
rad Stroh, George Leip, Fredolin Meyer, Mathias T. Ho-
rine, John Burk, Frederick Hencklcr, John H. Wilson,
Jacob Weinel, Stephen Gardner, Jacob Stoutzenberg are
hereby appointed commissioners for raising subscriptions
to the capital stock of said corporation, who shall give
notice by advertisement in the newspapers printed in Wa-
terloo, Illinois; Carondelet, Missouri, and in one of the
newspapers printed in the city of St. Lous, Missouri, of
the time when books will be open for subscription to said
capital stock, and which notice shall be published at least
thirty days previous to the day of opening such books of
subscription, and shall designate the place whereat such
subscription may be made. At the times designated in
said notice said commissioners or a majority of them shall
meet in Waterloo, Columbia and Carondelet and receive
subscriptions to the capital stock of said corporation.
Said book shall be kept open until one week previous to
the election of directors, as hereinafter provided; and af-
ter the election of said directors the said directors shall

523 1865.

keep the said books open at the office cf the company,
whicii office shall be kept at Waterloo, until the whole of
said capital stock shall have been subscribed, when said
books shall be closed.

§ 5. Each subscriber at the time of subscribing to said Pay »««> p«' *«*«■•
jtock shall pay to said commissioners or directors ten per
cent, upon the whole amount of stock subscribed for by
him, and the residue of such subscription shall be payable
by installments as the same shall be required by the direc-
tors; but no installment shall exceed twenty per cent,
upon each skare of stock held or owned by any stock-
holder; and it shall be the duty of the directors of said Notio*.
corporation to publish in a newspaper printed in Water-
loo, and in one newspaper printed in Carondelet (if any,)
at least thirty days previous to the time when any install-
ment is required to be paid, the amount to be paid on each
share and the time and place or places of payment. Any
stockholder who shall fail to pay any such installment up-
on the stock held by him, agreeably to such requirement
of the directors, shall, at the option of sai(^ directors, for-
feit to said corporation the stock held by him and any and
all previous payments made thereon.

§ 6. The affairs of said corporation shall be managed cirectow.
by a board of nine directors, to be annually chosen from
the stockholders from among themselves; the first board
of directors to be chosen as soon as may be after ten
thousand dollars of the capital stock, aforesaid, shall have
been subscribed. The commissioners shall give notice of noHo« of sm«^
the time and place at which a meeting of the stockhold-
ers will be held for the election of directors; and at such
time and place appointed for such purpose the commis-
sioners or a majority of them shall attend and act as in-
spectors of said election, and the stockholders shall pro-
ceed to elect their directors by ballot; and the commission-
ers shall certify the result of said election under their
hands, which certificate shall be recorded in the books of
said corporation and shall be sufficient evidence of the
election of the directors therein named. All further elec-
tions shall be held at the time and in the manner prescri-
bed by the by-laws and regulations of said corporation. By-iawi.
Each share of stock shall be the sum of fifty dollars, and
each stockholder shall be allowed one vote for every
share of stock which he may own at the time of holding
the election, and a plurality of votes shall determine the
choice ; Provided., that no stockholder shall be allowed to Proviso.
vote at any election after the first for any stock that may Qnaimcatwn e*
have been assigned to him within thirty days previous to ^'^**"'
the day of holding oUch election. The said directors
shall hold their offices one year after their election and

1866. 524

until their successors shall have been elected, and shall
elect one of their number president of said board.

^"J,*"' ,'"°°''^s 5 7. Immediately after the election of officers and or-
ganization of said board tlie commissioners shall deliver
to the said directors or their treasurer the whole amount
of money received by them on subscription to said stock.

itm« of eom- § 8. The Said corporation shall commence the con-

Mencemen . gtruction of sald road within two years from the passage
of this act, and shall construct said road across the bottom
first.

»r«ot toll gMes. ^ 9. As soou as one mile of said road shall have been
finished said corporation shall have the riglit to erect a
toll gate and charge and c dlect toll, at the rato per mile
as hereinafter specified, and so to collect as the road shall
progress to completion from mile to mile; and when the
whole of said road is finished the said corporation shall
have power to erect and maintain such toll gates, toll
houses, and otlier necessary buildings and improvements
for the management of said road as may be deemed to
their interest; and the said corporation is authorised to
receive, demand and collect of every person using said

&M«sof toll. road the following rates of toll, to wit : For one two horse,
mule or ox team, three cents per mile; each ad<Utional pair
of horses, mules or oxen, one cen* per mile; one horse and
buggy, three cents per mile; one horse wagon or cart, two
cents per mile; for each horse and rider or led horse or
mule, one cent per mile; for every ten head of neat cat-
tle, one cent per mile; for every ten head of sheep or
swine, one half cent per mile; foot passengeri:, free.

iteepiistof tolls § 10. The president and directors of said corporation

poatad up. in / , .in . ' .

snaf!! cause to be kept on said toll gat«', in some conspicu-
ous place, where the same may be easily read, a printed
list of the tolls which may be lawfiiily demanded, and at
the termination of each mile, measuring fiom the ferry
hereinafter mentioned, a neat and suitable stone shall be
erected on tiie margin on the north side of the road,
giving the true distance from said ferry ; and at the
crossing of all roads or intersections of roaus with said
turnpike shall erect guide boards, with the name and dis-
tances to the most noted towns or places to which they
may lead.

panaity. § 11. If any toll gatherer shall unreasonahlj delay or

hinder any traveler or shall exact and charge '\ larger
amount of toll than is by thi^ act allowed t!ie company
shall forfeit and pay to the party injured the sum of fivfe

i»«ne.ity for dam- dollar'^; and if any person shall tear np, injure or damage,
any part of said road or aaytiiing belonging to said corpo-
ration such person sliall forfeit and pay three times the
amount to the said corporation of damages actMailj done;
and no forfeiture shall be a less sum than five dollars.

ace.

625 185&,

And if an^ person shall pass a toll gate forcibly and with- Penalty tor aroi -
out having Hrst paid the legal toils such person, tor every ""^ '^''^ ^*'*-
such ofFi use, shall forfeit and pay to said corporation the
sum of live dollars; and if any person shall, to avoid the
payment of the legal tolls, turn otF and pass any toll gate
on said road and again enter upon said road such person
or persons shall .foifeit and pay to said company the sum
of five dollars. All forleitures and penalties incurred un-
der tiiiS act may be recovered in any court having cogni-
zance thereof; and wliere the forfeiture does not exceed
one hu 1 'red dollars the same may be prosecuted for in an
action of debt before any justics of the peace of the coun-
ty where such oiFenders may be found : Provided^ that said Proviso.
corporation shall be liable for all damages which, by rea-
son of negligence of the otiicers and agents of said com-
pany or on account of the want of repair or insufficiency
of said road, may occur to the passengers or property
transported over said turnpike.

§ 12. The state reserves the right to purchase said state reservoe
rpad at the expiration of said charter at the original cost chase'road ''"'
thereof, to be ascertained by examination of the books of
said company. And in case the said state shall not at the
expiration oi said cliarter purchase the said road then the
powers of said cor[)oration shall continue and remain in
full force until the state shall refund the original cost, as
aforesaid, wiiich right is hereby reserved by tlie state.

§ 13. The stock of said cor jioration shall be consider- Persenai proper-
ed as personal property, and may be sold and transferred *'^'
in such manner as by the by-laws of said corporation may
be prescribed, and may be levied upon and sold upon ex-
ecution.

§ 14. ,/in.d be it further enacted^ That said corporation Maintain tcrrr.
be and it is heieby authorised to establish, have, own and
maintain a ferry across the Mississippi river, from the
western terminus of said road, in the said county of St.
Clair, to i.he Missouri shore, at Carondelet ; and for the
full enjo\ment of said ferry franchise may condemn the condemn j«ki,-
the land for one thousand feet up and down the east bank *^°'
of said river, from the terminating point of the western
terminus of said turnpike road : Provided^ that in all cases, proviao.
for the use of said ferry privileges and in the location and
construction of said turnpike road, siid corporation shall
have the right to condemn the requisite quantity of land
to enable said corporation to complete said road and es-
tablish said ferry; and for all damages which shall be sus-
tained by the owner or owners of land, the said corpora-
tion shall be liable to pay to such owners the damages Damage*,
which shdil be asse=?sed in the same manner that damages
are now assessed in similar cases.

1856.

Keep boats.

526

§ 15. The said corporation shall keep or cause to be
kept at said ferr^ a s;(;od and su^ticient boat or boa^j, to be
propelled by steam power, for the safe, speedy and conve-
nient transportation of passengers, travelers and property
across said river, and are hereby authorised to receive
such rates of ferriage as now are or may be hereafter al-
lowed to the ferry or ferries opposite to the city of St.
Louis, on the said Mississippi river; and upon the eonsid-
eratioif of the establishment of said ferry and construc-
tion of said road and keeping the same in good repair the
said corporation shall be exempt from the payment of ferry
license.

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

Approved Feb. 14, 1855.

la r.voi Veb. 14, AN ACT to authorise the board of super /isora oP Stark county to sell ce;-
'^^f'- tain seminary lots in the town of Toulon.

»re»mw*. Whereas by an act of the general assembly, entitled "An

act to locate the county seat of Stark and to make a
certain addition to said county," approved February
'2T, 1841, the county commissioners of Stark county were
authorised to select suitable lots in fhe town of Toulon,
in said county, and designate them upon the plan of said
town, one for a male and one f >r a female academy; and
whereas the said county commissioners, in pursuance of
said act, selected and designated lot numbered four, (4,)
in block numbered seven, (7,) in said town, for a male
academy, and lot numbered eight, (8,) in block number-
ed sixteen, (16,) for a female academy; and whereas by
said act and also an act entitled "An act to authorise
;he county commissioners' court or the county court,
when created, to sell lots in the town of Toulon," ap-
proved February 12th, 1849, a fund was provided for
the erection of a female seminary in said town en the
lot originally selected for that purpose, or upon such
other as might be selected for that purpose; and whereas
other lots in the town of Toulon were selected by or
under the direction of the county court of said Stark
county upon which said female seminary has been erect-
ed; therefore,

Section 1. Be it enacted by the people of the state oj
JIRnois^ represented in the General Assemhly, That the
board of supervisors of Stark county be and they are here-

527 1855.

bj authorised to sell lots numbered four, (4,) in block num- seiiiots.
bered seven, (7,) and lot numbered eight, (8,) in block
numbered sixteen, (16,) in tlie town of Toulon, either at
private or public sale, for cash or on a credit of six and
twelve months, with interest; to take notes and give bonds
for deeds to purchasers or execute conveyances for said lots
when the purchase money is paid down, as required by the
act to locate the county seat of Stark and to make a certain
addition to said county, approved February 27, 1841; and
said conveyances, when executed by said board of super-
visors, shall be deemed good and valid in law, and shall
convey to the purchaser or purchasers all the title of the
county of Stark to said lots : Provided^ that if said lots provto*.
shall be sold at public sale the said board of supervisors
shall give or cause to be given at least thirty dajs' notice
of the time, place and terms (-f said sale, together with a
description of said lots, by posting up written or printed
notices in at least four of the most public places in said
Stark '"ounty : *dnd provided^ further^ that said board of provided tnrth*.
supervisors be and they are hereby authorised, if they shall
think proper, to appoint, by an order to be entered upon
their record or minutes, a commissioner to sell said lots, Appoint c^mnui-
who shall proceed in the same manner in all things as the *'o""*-
said board of supervisors are required to do by this act;
and the said commissioner is her^eby authorised, when so
appointed, to take notes and give bonds for deeds to pur-
chasers or to execute conveyances for said lots where the
purchase money for the same shall be fully paid; and said
conv<yarices, when executed by said coinmissioner and
duly acknowledged and recorded, shall be as good and
valid in law as if the same had been executed by the said
board of supervisors, according to the provisions of tins
act.

§ 2. The proceeds of the sale of said lots shall be ap- p^eee*.
propriated by the said board of supervisors towards the
completion of the said female seminary in said town of
Toulon or towards the payment of any indebtedness which
may have been incurred in the erection of the same.

§ 3. The board of supervisors of said county be and semtoary.
they are hereby authorised, if they shall think proper so
to do, to permit the said Toulon female seminary to be used
for the purpose of a male and female seminary until such
time as may be otherwise provided by law. And it shall be
the duty of the said board of supervisors to make all ne-
cessary rules and regulations for the good government of
said seminary; to employ a president or principal for the
same, with such assistants as may be necessary, and shall v
have power to displace such president or principal and as-
sistants or either of them as the interest of said institution
may require; to fill vacancies which may happen by death,

1355.

628

resignation or otherwise, end prescribe and direct the

coarse of studies to be pursued in said seminary and to fix
the raies of tu'.tion : Provided^ said board of supervisors
may and they aie hereby authorised to appoint, by an or-
der to be entered upon their mir.utes, five trustees of said
seminar), who shall exercise the same authority and per-
form the same duties hereinbefore specified in this section,
as required by the said board of supervisors.

§ 4. Tiiis act shall take eifect and be in force from and
alter its passage.

Approved Feb. 14, 1855.

Oanunlsslonera.

!■ fore© Feb. 15, AN ACT to preserve testimony in relation to real estate recorded in re-
'^^' cord boob C, for deads, in Monroe county.

i»re«mbio. Whereas record book C, of deeds, for Monroe county,

in tliis state, was taken away and destroyed from the
recorder's oifice in Waterh)o, in said Monroe county,
in the year one thousand eight hundred and fifty-two;
therefore,

Section 1. Be it enacted by the people of the state of
Illinois, represented in the General t.rissembly , That Charles
Henckler, Mathias T. Horine and Thomas Winstanly, of
said county of Monroe, be and they are hereby appointed
a board of investigation or commissioners for said county,
any two of whom shall have power and authority to act in
relation to all matters referred to them by this act, and
upon the refusal of any one of the members of said board
to serve or upon the resignation or death of any one of
its members tiie remainuig two members shall have author-
ity to appoint one in his stead.

§ 2. It shall be the duty of said board on or before

the — — day of next, or as soon thereafter as may be,

to open an office in the court house, ia Waterloo, in said
county, and as soon as convenient thereafter to cause ad-
vertisements to be posted up in three different places in
each election precinct and at three different places at
the county seat of said county, and also cause the notice
to be inserted in the newspapers printed in said county,
notifying all whom it may concern that record book C, of
deeds and other instruments of writing relating to real es-
tate in said county, has been abstracted from the record-
er's office of said county, and that the members of the said
soMd to oxamine uoard are empowered by law to receive, collect and ex-

H^mA*. fcn -11111 /■ 1

amine ail bonds, deeds, mortgages, powers oi attorney and

Ovw office.

E««or<l >ookC.

4MdS( &o.

529 1855.

other instruments of writing relating to real estate and
previously filed and recorded in said record book C, and
pass upon the same, for the purpose of having them again objec;.
filed and recorded, and also to receive testimony in rela-
tion to any such deed, mortgage, bond, power of attorney
or other instrument of writing rel\ting to the title of real
estate in said county, where all evidence or the originals
may have been lost, mislaid or destroyed, and to perform
such other acts as may tend to repair the damage occa-
sioned by the destruction of said record, and that they
will attend for that purpose in their office in the court

house, in Waterloo, in said county, on the Monday of

next, and continue until the same shall have been

accomplislied.

§ 3. After some such notice as the above shall have been
given for the space of at least four weeks the said board
shall enter upon the performance of its duties and shall
continue therein until the same shall have been accom-
plished.

§ 4. The members of said board, before entermg upon rakeDath.
the performance of tlieir duties, shall subscribe and take
an oath before some person competent to administer the
same that they will well and truly, without favor or par-
tiality, perform all the duties assigned them as a board of
investigation for Monroe county, to the best of their skiii
and ability, which shall be filed by them in the recorder's
ofilice of said Monroe county and recorded by said record-
er in record book C, as is hereinafter provided.

§ 5. The board shall keep a minute of their proceed- KeeiircTo,.'.,
ings, and upon the application of any person or persons
interested proceed to examine and investigate all instru-
ments of writing affecting the title to real estate, and
which have been recorded in said record book C, which
is lost, as aforesaid, and also to receive all testimony re- t =i,mony.
lating to any such instrumeiits which may have been lost,
destroyed or mislaid, and for that purpose they shall have
power to swear witnesses and receive parol testimony in
relation to such matter.

§ 6. The said board, after they shall have fully ex- m, decisioo.
amined all instruments presented to them affecting the ti-
tle to real estate, as set forth in this act, and also received
ail the evidence presented to them in rcierence to instru-
ments that have been lost, mislaid or destroyed, shall, with
their decision on each case, file with the recorder of said
Monroe county all such evidence and instruments so taken
by them, to be recorded by said recorder, as is hereinaf-
ter provided; which evidence and papers, together with
the decision, when so filed, shall be taken and received as
prima facie evidence of the facts therein contained.
48

1855.

530

Kfoorf!evi.i«ice, § 7. It shali be the duty of the recorder of said Mon-
roe county to record ia a well bount! book, to be provided
for that purpose, all tlie evidence and instruments of wri-
ting relating to real estate which may be filed in his office
by the said board of investigation, together with their de-
cisions on the same; which record book shall be called and
stand in litu of said record C, which has been destroyed,
as set forth in this act; which record book, when com-
pleted, shall be known as record book C, for deeds, of said
Monroe county, and shall be taken, certified copies there-

piTWtt /acjcev- of, as prima Jacie evidence of the facts therein contained,

ito>ce. ^^j, which recording the said recorder shall receive the

same fees per every one hundred words as is allowed by
law for recording other instruments of writing relating to
real estate, which fees shall be paid by the county treasu-
rer of said county, by order of the county court.

c.Mii.'neatwi. § 8. Tlie Said board of investigation shall be allowed
for their services two dollars and fifty cents, each, for each
and every day necessarily employed in the investigation
of said business, as provided for in this act, which shall be
paid by the county treasurer of said county, on the order
of the county court; and all fees that may be due to any
person or per'^ons for services, advertising or other busi-
ness peforraed for the said board for the carrying out the
provisions of this act, shall be paid by the said county
treasurer, on the orders of said county court.

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

Approved Feb. 15, 1855.

Oorporators.

5lrle.

Objects.

AN ACT to incorporate the Hahnemann Medical College*

SnoTioN I. Be it enacted by the people of the state uj
Illinois, represented in General v^ssemhly^ That George
A. Gibbs, Thomas Hoyne, John H. Dunham, David S.
Smith, George E. Shipman, John M. Wilson, William H.
lirown, Joseph B. Doggett, Norman B. Judd, Orrington
Lunt and their associates be and they are hereby created
a body politic and corporate, by the name and style of
" The Board of Trustees of the Hahnemann Medical Col-
lege," and by that name and style to have perpetual suc-
cession; the said institution to be located in the city of
Chicago, county of Cook, and state of Illinois. The ob-
ject and purpose of said institution shall be to give in-
struction, by lectures and otherwise, in surgery, anato-
my, physiology, obstetrics, pathology, chemistry, materia

531 1856.

medica and the theory and practice of the Homceopathic
system of medicijie ; to which may be added dispensary
and hospital departments, which, wiien organised, shall be
taken and deemed part of said institution, the same as if
said dispensary or hospital departments had been special-
ly mentioned and included in this act of incorporation.

§ 2. The corporation hereby created siiall have pow- cenerai pow*m.
er to contract; to sue and be sued; to plead and be im-
pleaded; to grant and receive by their corporate name; lo
accept of donations; acquire and hold all such property,
real, personal r mixed, as may be necessary or conve-
nient to carry out the objects of said corporation, not to
exceed at any one time the sum of one hundred thousand
dollars in value — real estate to be estimated at its cost when
purchased; employ and dispose of all such property or
money belonging to said corporation as to them shall seem
meet for the promotion of the objects and interes's of said
corporation; to have a common seal, alter and change the
same at pleasure; to make and establish all such by-laws
and regulations for the management of said institution as
m:iy be necessary and proper and not inconsistent with
the constitution asid laws of this state or of the United
States; to make, create and endow as many professorships
as may be deemed necessary for the benefit of said insti-
tution; to appoint curators; to appoint any one or more of
the medical faculty or other physician or physicians who
may be deemed competent to take charge of and superintend
the hospital or dispensary departments, and to confer on
such persons as may be found worthy such honoiary de-
grees as are usually conferred by similar institutions.

§ 3. There shall be ten trustees, consisting of the Trustee.
above named George A. Gibbs, John H. Dunham, Thomas
Hoyne, David S. Smith, George E. Shipman, John M.
Wilson, William H. Brown, Joseph B. Doggett, Norman
B. Judd and Orrington Lunt, who shall constitute a board
of trustees, and shall hold their office during lite or good Term of offleo.
behaviour. Whenever a vacancy occurs in said board of '

trustees, by death, resignation or removal from the state,
the remaining trustees of said boaj*d or a majority of them
shall have power to fill such vacancy or vacancies. The vacaudcs.
trustees shall have power to appoint one of their number
president of the medical faculty, who, when so appointed,
shall be ex officio president of the board of trustees. Said
trustees or a majority of them shall have power to manage
the affairs of the corporation.

§ 4. The trustees of said corporation shall have pow- conrso of smrtiw
er to prescribe and regulate the course of studies to be
pursued in said institution; to fix tiie rate of tuition and
other expenses; to appoint instructors, superintendents
and such other officers and agents as may be necessary in

i«55.

532

■mi>.i:iiAatl()n.

Buililiogs.

K>.'uwve officers.

managing the concerns of the institution; to define their
duties; to fix iheir compensation ; to displace or remove
them; to erect necessary buildings; to purcliase books,
chemical, piiilosophical and sucii other apparatus, in-
struments and implements as may be necessary and
suitable for said institution; to make rules for the gen-
eral regulation of the students: to suspend or expel ^any
Kxp.i students, students whose habits are idle or vicious or whose moral
ch'aracter is bad or wlio refuse to obey the rules of
the institution; to have power to erect suitable build-
ings and use the same for dispensary or hos[)ital at
any time before the erection of the main building for
the admission of students : Provided^ no person shall
be appointed by said trustees president of the medical
faculty or to any professorship therein or as instructor or
as superintendfut or general agent of the dispensary or
hospital who has not graduated at some reputable medical
institution and received hiy or their diploma as a giaduate
of such institution, and who is not, at the time of his or
their appointment, a practicing physician of the Homoeo-
pathic scliool of medicine.

§ 5. The board of trustees may from time to time ap-
point and remove at pleasure a secretary, a treasurer and
such other subordinate officers as they may deem necessa-
ry, and may meet for the transaction of business as often
as the president shall direct or on request of any three of
said trustees, any five of whom shall constitute a quorum
for the transaction of business. The treasurer of the in-
stitution shall always, and all other agents when required,
before entei"ing upon the duties of their appointments,
give bond, for the security of the corporation, upon such
conditions and in such penal sum and with such securities
as the board of trustees shall approve. The secretary
shall keep a record of the proceedings of all meetings of
the trustees, and the treasurer shall keep an accurate ac-
count of all moneys receivf^d and paid out by him.

§ 6. Fifty thousand dollars shall constitute the capital
stock of said institution, to be hereafter increased to one
hundred thousand dollars, if deemed necessary by the
trustees. Said trustees shall have the power to commence,
erect, complete, use and furnish any department of said
institution, including the dispensary and hospital depart-
ment, whenever one thousand dollars of the capital stock
shall have been paid in; and the said trustees shall have
all necessary power to convert and use said money for the
benefit of said institution.

§ All rights, privileges and powers not herein enumera-
ted, mentioned or declared, which may have been or may
at this time be conferred upon or enjoyed by any medical
institution heretofore or at this time incorporated by au

<3ui)rum.

CdpiUI stock.

533 ' lSo5.

act of the legi^latare of this state, shall be taken and en-
joyed by this institution; said institution to be placed upon
as javoraole footing in nl! respects as the most favored
medical institution heretofore or attiiis time incorporated
by an act of the legislature of tliis state.
Approved Feb. 14, 1855.

AN ACT to incorporate ihe Youdd: Men's Association of Freeooit. m foTCfi Feb. t?
' " • 1855.

Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly^ That the
members of the Young Men's Association of Freeport, in
the county of Stephenson, and all persons who shall here- sodypontic nn.
after become associated with them, are hereby constituted °'"^"''*''"
a body politic and corporate, by the name of "The Young
Men's Association of Freeport;" and by that name shall
have perpetual succession, with power to make, iiave and
use a common seal, and the same to alter and renew at
})leasure; to contract and be contracted with, sue and be
sued, implead and be impleaded, answer and be answered
unto in all courts of competent jurisdiction; and shall have
all other powers and privileges necessary to fulfill the ob-
jects of their incorporation.

§ 2. The objects of said corporation shall be to estab- ownctg.
lish and maintain a reading room and library and to pro-
cure literary and scientific lectures and to promote tl|e
intellectual improvement of its members.

§ 3. The officers of said corporation shall be a presi- offlcery.
dent, two vice presidents, corresponding secretary, re-
cording secretary, treasurer and five managers. They
shall be chosen annually, by baliot, by the members of the
corporation, and the persons receiving a majority of the
votes of the members present shall be declared elected, and
shall hold their respective offices for one year and until Termof.ffld..
their successors shall be appointed. The abovenamed of-
ficers shall compose th'^. executive committee.

§ 4. There slirJl be an aiinual tn^eting of the corpora- Annual n.eoi-ng!
lion on the last Friday of February, in each and every year,
for the purpose of electing officers, hearing the report of
the executive committee and transacting ail other neces-
sary business.

^ 5. Said corporation shall have power to define the B.v-;aws.
duties of its officers, appoint such committees and adopt
such by-laws as may be necessary tor its government, the

1856.

ll'^iulre bands.

Bf-laws to cor
w uue in fore*;.

E«al e5iati).

(\ipital >

Open books

CauimissWntrs.

» 534

management of its concerns and the fulfillment of its ob-
jects; and shall be competent in law and equity to take to
itself, in its corporate name, real, personal or mixed prop-
erty by gift, grant, bargain and sale, conveyance, will, de-
vise or bequest of any person or persons whomsoever, and
\the same estate to grant, bargain, sell, convey, demise, let
or place out at any interest or otherwise dispose of the
same for the use of said corporation in such manner as shall
seem most beneficial thereto.

§ 6. Said corpoiation may require bond and satisfac-
tory security of its treasurer for the faithful performance
of his duties as such officer.

§ 7. The constitution and b5'-laws now adopted by said
association shall continue in force until the next annual
irieeting of said association after the passage of this act;
and all personal property and effects of whatever kin1 or
description now iield by said association or any person in
trust tlierefor sliali, by virtue of this act, vest in and be-
come the property of the corporation hereby created, and
may be sued tor and recovered in the name of said corpo-
ration.

§ 8. The association hereby incorporated shall have
power and authority and are hereby authorised to pur-
chase real estate or other property in Freeport, in Ste-
phenson county, not exceeding the capital stock created,
at such times as it may be determined by the executive
committee aforesaid; to create a capital stock, as in this
act provided, for the ])urpose of erecting necessary build-
ings for the permanej:t occupation of the association, read-
ing room, library and lecture room.

§ 9. For the purpose of purchasing such real estate and
ejection of permanent buildings, as aforesaid, thereon the
said executive committee are hereby authorised and em-
powered, at sucl: times as they may think proper, [)y res-
olution to that effect entered upon the record of their pro-
ceedings, to create a capital stock of fifteen thousand dol-
lars, divided into shares of fifty dollars each, with the priv-
ilege at any time thereafter of increasing the same to thirty
thousand dollars, if such amount shall by them be deemed
necessary for the purposes aforesaid, upon publishing a
notice, of such resolation for three weeks in a public news-
paper in said Freeport, at the expiration of which time
books shall bo opened for the subscription of said stock at
the reading rooms of the association by John A- Clark,
Thomas J. Turner, John K. Brewster, Dexter A. Knowl-
ton, John Barfoot and H. N. Hibbard, who are hereby con-
stituted a committee to open said books and solicit sub-
scriptions to said stock; and the same shall be payable in
such installments and at such times and subject to such

535 1855.

forfeitures as shall be prescribed by said executive com-
mittee.

§ 10. After all said capital stocli, so created as cmi meeting.
aforesaid, shall have been subscribed, a meeting of all the
stockholders and members of the association shall be call-
ed by the said stock committee, who shall require a pay-
ment of five dollars on each one hundred dollars of stock
on the amount subscribed for; anu a new election of offi- 'R'''c(;fntfps.
cers shall then take place, who shall hold their otfices un-
til the next and ensuing regular election; and at such elec-
tion and all elections thereafter held each member of the
association shall be entitled to one vote and each stock-
holder to one vote for each and every share of stock he
may hold, and a majority of all the votes cast shall be re-
quired to make an election : Pruvided^ tliat no stockhoid- pio^ibo.
er shall be entitled to vote at such elections who may be
in arrears for his payment of the installment required or
called for on his stock; and no member of the association
shall vote unless he has first paid up his regular annual and
quarterly dues to the association.

§ 11. As soon as said stock is subscribed the said ex- B.;rrowmoney.
ecutive committee shail have power to borrow any sum or
sums of money, not exceeding the amount of said capital
stock, to secure the early completion of said buildings, and
for this purpose they are hereby authorised to issue bonds
therefor and pledge all property, real and personal, owned
by said association for the repayment tberelor.

§ 12. This act sl.iatl be a public act, and as such f^hall
be received in all courts, and receive a construction fa-
vorable to the accompiishment of its objects.

§ 13. Persons not stockholders may become members B.>coTncin"nii<
on payment of such dues as may be fixed upon by the ex-
ecutive committee from tim.e to time.

§ 14. After the payment of all expenses of the associa- sm-piu? Mud.
tion in l/eepmg up t!ie lecture room., library and reading
rooms, in such manner as the executive committee shall
think proper, and after said buildings are erected for the
use of the association, then the overplus arising from rents
or profits of any such real estate or buildings owned by the
association or purchased or erected as aforesaid shall be
divided annually, pro rata, among the stockholders of said
association, according to the amount of stock held by them,
respectively.

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

Approved Feb. 15, 't855.

1855.

536

lu force Feb.
1865.

13,

C ri.i-ra'or*.

1. iiiev.il powers.

«tooscofflc«rs

Atylf.

AN ACT to incorporate Abingdon Collfc^e.

Section 1. Be it enacted by the people of the state oj
Illinois, represented in the General Assembly, That there
be and is hereby erected and established at Abingdon, in
the county of Knox, in this state, an instit\ition of learning,
for the instruction of youth in the various branches of sci-
ence and literature, the useful arts, agriculture and the
modern and ancient languages.

§ 2. That the said institution shall be known and call-
ed by the name of "Abingdon College."

§ a. That William Maxwei', P. H. Murphy, J. C. Rey-
nolds, John Miller, George Price, S. H. Ritchey, J. E. Gas-
ton, Whitfield Button, J. C. Lalimer. J. E. Martin, Jesse
Perdue, J. W. Butler, J. P. Roach, L. S. Wallace, J. M.
Dodge, Mervin Baker, S. T. Shelton, James Starke, W. H.
Franklin, W, H. Nance, J. A. Maxwell, T'lomas Moulton
and M. P. King be and are hereb}- constituted and appoint-
ed trustees of said college, who, and their successors, shall
be a body politic and corporate, by the name of " The
Trustees of Abingdon College," and shall have a perpetu-
al succession, and a common seal, which seal they may al-
ter at pleasure; and by the name aforesaid they and their
successors shall be capable in law and shall have full pow-
er and authority to acquire, hold, possess, purchase, re-
ceive and retair, to them, and their successors forever, any
lands, tenements, rents, goods, chattels or interest of any
kind whatsoever which may be given to them or by them
purchased for the use of said college; to transfer, convey
and dispose of the same in any way whatsoever they shall
adjudge most useful to the interest and legal purposes of
the institution; and by the same name to sue and implead, be
sued and impleaded, answer and be answered in all courts
of law and equity; to select and employ a treasurer and
such other officers, ager:ts and >tewards as they may see
proper; to elect and employ such president, vice presi-
dent, professors, instructors and t-itors for the benefit of
said college as they may deem necessary; to make, ordain,
establish and execute all such by-laws, rules and ordinan-
ces, not inconsistent with the constitution and laws of the
United States or of this sta*e, as they may^hink necessa-
ry for the welfare of said college, the good government of
the professors, instructors, tutors, agents, stewards cf the
same, and generally to do all acts necessary and proper to
promote the welfare and prosperit} of the institution.

§ 4. That the president of the college, together with
such professors, instructors and tutors as the corporation
shall designate, shall be styled ["The] Faculty of the Col-
lege," and that said faculty, by and with the advice and
consent of the trustees, shall have power from time to

537 1865.

time to ordain, regulate and establif^h the mode and course
of instruction and education to be pursued in said college,
snd shill have power to adopt and enforce such rules as
may be deemed expedient for the pood government of the
institution; which rules and regulations shall not be incon-
sistent with the constitution and laws of the United States
and of this state nor with the by-laws or ordinances of the
corporation, and shall remain in force until disapproved of
by the trustees present at any meeting or a majority of
them and no longer.

§ 5. That the first meeting of the trustees designated in First meetiDg.
the th.ird section of this act shall be held at Abingdon,
aforesaid, on any day by them agreed upon subsequent to
the passage of this act, at which meeting the said trustees
assembled, if tliere be a quorum present, may proceed to
appoint such officers and transact such bu.siness as they Appoint stRcers.
shall jndge necessary. If a quorum be not present those
assembled shall have the power of adjourning from day to
day or to any future day until a quorum be had. After a
president shall have been elected he shall preside in all
meetings of the board of trustees unless unavoidably ab-
sent. In such cases a president pro tempore shall be elect-
ed from their own body; but in no case shall the president
be entitled to a vote unless it be a casting vote. All ques-
tions shall be decided bv a concinrinp- vote of the majority
of the trustees present except in cases hereinafter provi-
ded.

§ 6. The said president and trustees or any seven of oov€rninent,&r.
them shall have full power and authority to meet at such
times as they shall think necessary for the examination of
any candidates, either male or female, for literary degrees;
and they are hereby authorised and empowered to confer
such degrees on such persons as in their opinion shall merit
the same in as ample a manner as any other college in this
state can do; and under their common seal to grant testi-
monials thereof, signed by the president and at least seven
of the trustees. The president and seven trustees shall at
any time form a quorum for business, or in the absence o\
the president eight trustees, of whom one shall be elected
president pro tempore; and should there be at any meet-
ing less than a quorum they shall have the power of ad-
journing from day to day or to any future day until a quo-
rum sliall be had.

§ 7. The said trustees or a quorum of them shall an- Elect trsMortr.
nually elect a treasurer of said college, who shall give bond
and approved security, payable to the trustees by their
name aforesaid, and conditioned faithfully to discharge the
duties of his said office, and shall render an account of all
moneys, goods and chattels received and expended by him
on account of and for the use of said college, and on fail-

1855.

538

Snapend or re-
move prasident.

D apartment
sgrlculture.

Anonal maetlngs

Namber ef trtis-
tees.

ure or refusal so to do shall be subject to the like proceed-
ings as are prescribed by law in the cases of sheriffs fail-
ing to account for and pay into the treasury of the state
the public taxes collected by them; such proceediiigs to
be conducted in the name of the trustees in th.eii- corpo-
rate and politic character aforesaid : Provided^ that no ap-
propria'Jon, payment or disbursement shall at any time be
made by the tueasurer but such as shall be in pursuance
of the directors or orders of the trustees.

§ 8. The said trustees or a quorum or them shall have
power to remove or suspend the president or any of the
professors, instructors, tutors or any trustee, for good cause,
two-thirds of such quorum concurring; and when tiier<f shall
be a vacancy in said board of trustees occasioned oy deatli,
removal, resignation or refusal to act, the remaining trus-
tees or a quorum of them shall supply the vacancy. It
shall also be lawful for any three of the trustees or the
president of the college or the professors or a majority of
them to call a meeting of the trustees whenever they or he,
as the case may be, shall deem it expedient, by giving no-
tice to the trustees residing in the vicinity of said college;
but the usual meetings of the board hereinafter provided
for shall be published at least ten days before in some
newspaper in said countj^ of Knox.

§ 9. Whenever any trustee shall absent himself from
three successive annual meetings of the board of trustees,
without assigning a sumcient reason at the fourth, the trus-
tees of said college or a quorum of them shall iiave power,
by entry on their minutes, to declare his seat vacant and
proceed to the election of a new trustee to supply such va-
cancy.

§ 10. The trustees of said college shall have power to
establish a department of agriculture in said college : Pro-
vided,nevertfuLss^ that no pupil or student in the college,
aforesaid, shall be required to study or labor in said de-
partment in any manner contrary to the wishes of the per-
son or persons at whose charge and by whom such student
or pupil has been placed in the institution aforesaid.

§ 11. There shall be annual stated meetings of the said
board of trustees, to be held at such time as the said trus-
tees shall at their first meeting under the authority of this
act appoint; but they shall have power at any subsequent
meeting to alter such day as to them may seem expedient,
and so on from time to time.

§ 12. The said board of trustees shall never be less than
twelve nor more than tliirty in number; and the said board
from time to time at any regular meeting, may, by appoint-
ment, create additional trustees, not exceeding in all the
greater number specified in this section.

639 1855.

§ 13. Nothing herein contained shall be so construed
as at any time to autfiorise the establishment a theologi-
cal professorship in said college. This act shall be in force
from and after the passage thereof.

Approved Feb. 13, 1855.

AN ACT to incorporate the Illinois Iron, Lead and Coal Company. ^n '*"^^i8M^''' '*'

Section 1. Be it enacted by the people of the state of llh-
nois, represented in the General ^^ssembh/. That Erasmus
D. Wliiting, Albert C. Koch, Selah A. Whiting, Henry corporators.
King and Charles B. Whiting, their associates and succes-
sors, are hereby constituted a body politic and corporate,
by the name of "The Illinois Iron, Lead and Coal Com- Nime.
pany," for the purpose of exploring for iron, lead, coal and objeeu.
other ores, metals and minerals, and for mining, working,
smelting, manufacturing and vending the same, and for such
purpose may erect, make and construct adits, levels. Powers,
shafts, pits, furnaces, forges, mills, buildings, roads, races
and all other fixtures, machinery and apparatus, and do all
other work necessary for carrying on their operations; and
by that name may contract and be contracted with, sue
and be sued, plead and be impleaded, appear, prosecute
and defend in any court of law or equity in all suits and
actions; may have a common seal and the same alter and
renew at pleasure, and may enjoy all the privileges inci-
dent to corporations, and may purchase, hold, sell, mort-
gage, transfer and convey any real or personal estate :
Provided, the real estate required for said mining nurpo- p^'^^'*'-
ses be within the limits of townships ten, eleven, twelve
and thirteen south, of range six, seven and eight east of
the third principal meridian, as defined by the United States'
surveys of the public lands of this state.

§ 2. That the first meeting bf said corporation may be First meeting,
called by the persons named in this act or any four of them
or their attorneys at such time and place as they may se-
lect, and at such meeting a board of directors shall be cho- Board of director*
sen from amongst the stockholders by the votes of the ma-
jority of stockholders present at such meeting, and such
board of directors shall take charge of the operations of
the company, subject to such rules and regulations as may
be adopted by the stockholders. The said directors shall
hold office for one year or until their successors are ap-
pointed, and may adopt such by-laws and regulations for

1865. 540

the government of the concerns of the company as they
may deem expedient, not inconsistent with the ruler: made
by the stockholders as aforesaid nor with the constitution
and laws of the United States or of this state.
Keep book. § 3. That the directors shall cause a book to be kept

containing the names of all persons who are stockholders
of said company, showing the place of residence and the
number shares of stock held by each, respectively, and the
time when they became, respectively, the owners of said
shares, and the amount of stock actually paid in; which
book shall, during the usual hours of each secular day, be
opened at the place of business of said company for the in-
spection of the stockholders and creditors of the company
and their representatives ; the liability of each stockholder
being in the nature of a contract to pay a certain sum of
money, the consideration for which is the share or shares
of stock which he may hold in said company.
Capital stoci-. § 4. That the capital stock of said company shall be

one million of dollars, with the privilege of extending the
same at any time to any amount, not exceeding two mil-
lions. The said company or corporation ma}" divide their
capital stock into such number of shares and provide for
the gale and transfer thereof in sucli manner and form as
they may deem expedient, and may levy and collect assess-
ments, forfeit and sell delinquent shares, declare and pay
dividends on the shares in said company ia such manner
as the by-laws may direc^
Kot. to contract § 5. That die S; id corporation shall not contract debts
tain amount 1." Until the sum of twenty thousand dollars of the capital
subscribed. stock IS paid ir or secured, nor piart of v/hich shall be with-
drawn or in any manner diverted from the business of the
company, and shall not contract debts -st any time to an
amount exceeding the capital stock of said company.

§ 6. This act to take effect from its passage, and shall
be in full force for the term and space of fifty years there-
after : Provided^ the company hereby created be organi-
sed within three years from the date of its passage.
Approved Feb. 14, 1855.

AN ACT to incorporate Eureka College.

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

Illinois, represented in tfic General Assemhly ^ That Eli-

Corporators. jah Dickcrson, William Davenport, Elias B. Myers, John

Darst, Jo'm Lindsey, Abisha M. Myers John Major, Wil-

541 1856.

Ham H. Davenport, Benjamin J. Radford, David Dewerse,
Robert M. Clark, William Atterberry, William ■". JNJajor,
sen., Chiistopher O. Neville, John Bennett, William M.
Brown, John T. Jones, William S. Pickereli, George Mc-
Maniis, Bushrod W. Henry, lUephen T. Logan, Peter C.
Redding, Henry Grove and John W. Taylor and their suc-
cessois be, and they hereby are created a body politic and
corporate, by the name and style of " The Trustees of Kamt and »tji»;.
Eureka College," and by that style and name to remain
and have perpetual succession. The number of trustees Namt'erof irn*-
shall not exceed twenty four (24,) exclusive of the presi-
dent or the presiding officer of the college, who shall be
ex officio a member of the board of trustees, any seven of
whom shall constitute a quorum.

§ 2. Eureka College shall be at or near the place where Location.
the Walnut Grove Academy is now situated, in Woodford
county.

§ 3. Said corporation shall have powers to sue and be
sued, plead and be impleaded; to acquire, hold and con-
vey property, real and personal or mixed, in all lawful
ways; to have, use and alter at pleasure a common seal;
to fi'Idiiand every vacancy or vacancies occasioned in their
body by death or resignation or otherwise.

§ 4. Said trustees shall have power to make, alter and isr-iaw*.
establish from time to time such constitution, rules, by-
laws and regulations as they may deem necessary for the
good government of said corporation and the proper man-
agement of the institution under their control : Provided^
such constitution, rules, by-laws or regulations be not in-
consistent with the constitution or laws of this state or
of the United States.

§ 5. The trustees of Eureka College shall have au- Government,
thority from time to time to prescribe and regulate the
course of studies to be pursued in said college and in the
preparatory department attached thereto; to fix the rates
of tuition, room rent and other necessary expenses; to
appoint instructors and such other officers and agents as
may be needful in the management of the institution; to
define their powers, duties and employments, to fix their
compensation; to displace or remove either of the instruc-
tors, officers or agents or all of them, as said trustees f?hall
deem the interest of said college requires; to fill all va-
cancies among said instructors, officers and agents; to
erect suitable buildings; to purchase chemical and philo-
sophical apparatus and other suitable means of instruction;
to put into operation all pr^^per and suitable means for the
health, comfort and advancement of the students in the
various branches of a literary and scientific education,
and to make rules for the general management of the af-

1865.

542

Appllcfttion

Provided further.

Begulate course
of study.

Style.

BstnblUh depart-
ments.

Aottdetnlcal de-
part man t. *

HeetingBof trua-
taw.

fairs of the institution and for the regulation of the con-
duct of the studtiits.

§ 6. The trustees shall faitiifuliy apply all funds col-
lected by them according to the best of their judgment in
erecting suitable buildings, in supporting the necessary in-
structors, officers and agents, the procuring books, maps,
charts, globes and all philosopiiical and chemical appara-
tus tj aid and promote sound learning in the institution :
Prcrjided^ that in case any donation, devise or bequest
shall be made for particular purposes accordant with the
objects of the institution and the trustees shall accept the
same, ana evei'y such donation, devise or bequest sliall be
applied in conformity with the express condition of the
donor or devisor: Provided, also, that it the donation be
in real estate that the lands be sold within ten years from
the date of said donation and the value thereof be applied
as specified by the donor.

§ 7. The president of said college, by and with the
consent of said trustees, shall have power from time to
time to ordain, regulate and establish the course and mode
of instruction and education to be pursued in said college,
and, together with such professors, instructors and tutors
as the corporation may designate, shall be styled " The
Faculty of Eureka College," and shall have power to
adopt and enforce such rules as may be deemed expedient
for the good government of the institution; which rules
and regulations shall not be inconsisient with the constitu-
tion and laws of this state nor of the United States nor in-
consistent with the laws and ordinances of said corpora-
tion, and shall be in full force until disapproved of by the
trustees or a quorum of them and no longer.

§ 8. The said trustees shall have power to establish
departments tor tlie study of any and all of the learned and
liberal professions and to confer such degrees as are usu-
ally conferred in similar institutions in the United States
in the learned arts and sciences. The trustees may also
attach to said college an academical or preparatory de-
partment; and when a common sctiool department shall
be in operation agreeably to the common school law of
this state the trustees shall be entitled to draw their pro-
portion of the township, school, college and seminary fund
for such scholars as live in the township where said col-
lege is located.

5i 9. The trustees or a quorum of them shall have au-
thority to meet at such times as they shall deem necessa-
ry for the examination of candidates for literary degrees;
and they are hereby authorised and empowered, upon re-
commendation of the faculty, to confer such degrees on
such persons as in their judgments sliall merit the same in
as ample a manner as any similar institution can do, aB«

543 1855.

under their common seal to grant testimonials thereof,
signed by tlie faculty of the coilege.

§ 10. The trustees or a quorum of them shall elect a aiecttreosumr.
treasurer, (wiiora they may remove at pleasure,) who
shall give bonds, with approved security, payable to the
trustees by tiieir name aforesaid and their successors,
faichfully to discharge the duties or' his said office, and
shall render an account of all moneys, goods and chattels
received and expended by him on account of and for the
use of said college, and on failure or a refusal to do so
shall be subject to like proceedings as are prescribed by
law in cases of county treasurers of the state : Provided^ ptotIbo.
t'lat no appropi'iation, payment or disbursement shall at
any tim^ be made by the treasurer but such as shall be in
pursuance of the directions or orders of the trustees.

§ 11. Not less tlian seven trustees shall form a quorum Qnonnn.
to do business, but a less number shall be a quorum
to fill vacancies in the office of trustees : Provided, that
on 60 days' notice, published in the nearest newspaper, a
full quorum cannot be obtained.

§ 12. Whenever the trustees of the Walnut Grove written consent
Academy or a quorum of them shall execute and deliver coumy ci«lk!'"
to the clerk of the circuit court of Woodford county their
written consent to this act and the same has been duly re-
corded all the property, real and personal, and all debts
due to said Walnut Grove Academy shall be ves'ied in the
corporation hereby created; and all the acts of t!ie said
trustees of the Walnut Grove Academy are hereby declared
legal end valid, notwithstanding any irregularity therein.

§ 13. The tract of land now owned by the trustees ot
Walnut Grove Academy shall, when transferred to the
corporation hereby established, shall, together with the
library, apparatiss and other property of said corporation,
be exempt from all state and county taxes.

§ 14. Tiie said trunees or a full quorum of them shall Remove orac*™.
have power to remove or suspend the president or any
of the professors, instructors or tutors at any time; and
when there shall be a vacancy in said board of trustees,
occasioned by death, removal, resignation or refusal to
act, the remaining trustees or a quorum of them shall sup-
ply the vacancy. The president, with concurrence of
two of the trustees, or any three of tlie trustees, shall have
power to call special meetings of the board.

§ 15. Whenever any trustee shall absent him>eif for seat or tmsieea.
three successive annual meetings of the board, without as-
signing a sufficient reason at the fourth, the trustees of the
college or a quorum of them shall have power, by entry on
their minutes, to declare his seat vacant, and may elect a
new trustee to supply such vacancy.

1855.

544

iiiauaiiueeting. § 16. There shall be an annual meeting of said trus-
tees, the day of meeting to be fixed by themselves.

§ 17. That the said board of trustees shall never be
less than twelve (12) nor more than twenty-four (24).

^iPPRovED Feb. 6, 1855.

Corporftttois.

Capital stock.

Open books.

MauagemcQl.

Directors choaeu
aaiiually.

AN ACT to incorporate the Springfield Water Works Company.

Skction 1. Be it enacted by the people of the state of
Illinois, represented ill the General Assembly ^ That John
T. Stuart, Robert Irwin, N. H. Ridgely, John Priest,
Charles R. Hurst, John Williams and Jacob Bunn, and all
such persons as are or may hereafter be associated with
tliem, are constituted a body corporate, by the name of
" The Springtieid Water Works Company," with perpetual
succession, and by that name are hereby made capable in
law or equity of suing and being sued; to make and use
a common seal and alter the same at pleasure.

§ 2. The capital stock of said company shall be ten
thousand dollars, to be divided into shares of fifty dollars
each; and the said company are hereby empowered to in-
crease their capital stock at any time, not to exceed two
hundred thousand dollars.

§ 3. Books of subscription for the capital stock of
said corporation shall be opened under the direction of the
directors heremafter named, subject to such rules and
regulations as they shall prescribe; and the stock shall be
considered personal property, and shall be assignable and
transferable on the books of the company.

§ 4. The cojicerns of said company shall be managed
by five directors, who shall be stockholders, an^iwho shall
hold their oiiice for one year and until oth^^are chosen
in their places. The directors shall be cho\qn_annually,
on tlie tirst Monday of May, at such time of day and
place in said city of Springlielo as the directors for the
time being siiall appoint. The first election shall be held
on the first Monday of May, 1855. Two weeks' notice
of such election shall be given by a publication, at least
once in each week, in two newspapera. published in said
city. Each stockholder shall be entitled to one vote upon
each share of stock held by him or her for at least twenty
days previous to an election. Voting shall be by ballot,
and may be in person or by proxy.

§ 5. The directors shall annually appoint a president,
secretary and treasurer and such other officers as thej

545 1856.

may deem necessary, who shall hold their offices until
others are appointed in their places; and they may make
and ordain such by-laws and regulations as they may deem
necessary and proper for the management of their busi-
ness and for the accomplishment of the purposes of the
corporation.

§ 6. The directors may require payment of subscrip- Paymemcnetook
tions to the stock at such times and in such proportions
as they may see fit, under the penalty of forfeiting all
stock and previous payments thereon, and may sue for and
recover all such subscriptions. Notice of the time ana
place of said payments shall be published for three weeks
previous to said time, at least once in each week, in two
newspapers published in said city.

§ 7. The persons named in the first section shall be D»ect.»7.
the first directors, and shall hold their offices until the said v^

first Monday of May, 1855, and until others are chosen
in their'places; and in case of vacancy in the directors, by
reason of death or resignation of any director or his ceas-
ing to be a stockholder, it may be filled by the remaining vacancien.
directors until the next annual election or until some other
person shall be elected to fill the same. The directors
herein named may appoint three persons, who shall be
stockholders, to be inspectors #t the first election, after iDBp»c»c.n..
which the stockholders shall choose three such inspectors
at the annual elections. If no inspectors are chosen the
directors may appoint three from time to time. The di-
rectors may remove all officers appointed by them and ap-
point others in their places and fill all vacancies in the
offices. If at any time an election of directors shall not
take place on the day appointed by this act the corpora-
tion shall not for that cause be dissolved, but an election
may be held on another day in such manner as shall be pre-
scribed by the directors or provided for by the by-laws.

§ 8. For the purpose of supplying the said city of oi!»ectfc
Springfield with pure and wholesome water the said com-
pany [raayj purchase, take and hold any real estate and by
their directors, agents, servants or other persons employ-
ed may enter upon the lands of any person or persons '**• '''«<*»» *«•
which may be necessary for said purpose, and may take
the water from any springs, fountains, wells, rivers or
lakes and direct and convey the same to the said city, and
may lay and construct any pipe ', conduits, aqueducts,
wells, reservoirs and other works or machinery necessary
or proper for said purpose upon any lands so entered up-
on, purchased, taken, held, and may enter upon any lands,
streets, highways, roads, lanes or public squares through
which they may deem it proper to convey the water from
said springs, fountains, wells or rivers, and lay and con-
struct any pipes, conduits or other works for that purpose,
49

1R56. 546

leaving the said lands, streets, highways, roads, lanes and
public squares in the same condition, as nearly/ as may be,
as they were betoie said entry.

3ar»r. § 9. Before entering, taking or using any land for the

purposes of this act the directors of tliis company shall
cause a survey and map to be made oi the lands intended
to be taken or entered upon for any of said purposes and
by which the land of such owner or occupant intended to
be taken or used shall be designated, and which map shall
be signed by the surveyor or engineer making the same
and by the president of said company and be filed in the
office of the clerk of the county court of Sangamon coun-
ty. Tlie coiiipany, by any two of its officers, agents or
servants, may enter upon any lands for the purpose of
making any examination and of making said survey and
map.

a-yiiKMway. ^ 10. In case the said company cannot agree with the

said owners and occupants of any lands or water intend-
ed to be taken or used as aforesaid for the purchase there-
of the directors may proceed and acquire the right to the
same in the same manner, terms and conditions as provided
by the act entitled "An act to amend the law condemning
right of way for purposes#of internal improvement," ap-
proved June 22, 1852.

Lading pipei. ^ 11. In laying pipes, conduits or aqueducts, or con-

structing or erecting works in the streets, lanes or public
squares of the city of Springfield, the said company shall
conloriu to such regulations as the common council of said
city may prescribe.

By-laws. ^ 12. Tlie said directors of said company may estab-

lish rules and regulations fur and concerning the conduct
of all such persons as shall use the water from their works,
so far as respects the preservation and use and restraing
the waste thereof, and may thereby impose penalties and
forfeitures for any violation of said rules and regulations,
so that such penalty and forfeitures shall not, in any case,
exceed ten dollars; which penalties may be recovered,
with costs, in tiie name of the company, before any justice
of the peace of said city. Said rules and regulations
shall be published for three successive weeks in two news-
papers printed in said city, and a copy of said rules and
regulations, certified by the president or secretary of Sc^id
company, with affidavits of the publication of the same,
made by any of the publishers of said papers, shall be re-
ceived as evidence in all courts and places.

Kuroish water. § 13. The Said compauy shall fumish Water to the city
of Springfield for tlie purpose of extinguishing fires, upon
su(!h terms as may be agreed upon between them and the
common council of said city. The said company may
make any agreements, contracts, grants and leases for the

547 1855.

sale, use and distribution of water that may be agreed up-
on between said company and any person or persons, as-
sociations and corporations; which agreements, contracts,
grants and leases shall be valid and effectual in law.

§ 14. Any person who shall maliciously or willfully ^'='''^'*y-
destroy or injure any of the works or property of said
company or who shall maliciously or willfully commit any
act which shall injuriously affect or tend thus to affect the
water of said company shall be guilty of a misdemeanor
and punished by fine, on indictment found, as in other ca-
ses.

§ 15. The said company shall have the exclusive right Excitisive rights.
of supplying the city of Springfield with water. When-
ever the said city of Springfield shall make provision for
the repayment to said company of the amount expended
by said company, with ten per cent, interest thereon and
a premium thereon of twenty per cent., then the said wa-
ter works, together with all lands, fixtures and appurte-
nances, shall vest in and become the property of the said
city of Springfield.

§ 16. The city council of the city of Springfield may,
on behalf of said city, take stock in said corporation, not
exceeding five thousand dollars.

Approved Feb. 14, 1855.

AN ACT to establish a feny across the Illinois river, at the city of in for«e Mar i.

Lacon. ^^50.

Section 1 . Be it enacted by the people of the stale of Illi-
nois, represented in the General Jissenibly, That Silas
Ramsay, his heirs and assigns, be aid are hereby author-
ised and empowered to establish and run a ferry across the Establish fenr.
Illinois river, at said city of Lacon, for the term of twen-
ty-five years, from any land he or they own in said city, or
with the consent of the mayor and aldermen of said
city, from any street in said city, and landing at the end
of any road opposite said city or upon any land, with the
consent of the owner thereof, or upon any other road which
is or may be established opposite said city.

§ 2. Said Ramsay, his heirs or assigns, shall, on or Enter into bonds.
before the first day of July next, enter into bond, with se-
curity, to be approved by the mayor and aldermen of said
city, in the penal sum of two thousand dollars, conditioned

1855. 548

to keep said ferry according to law; which bond shall be
filed with the clerk, and certifidd copies thereof shall be
evidence in all pourts in this state, and may be sued upon
for the use of any person injured, in any court in Marshal
county having jurisdiction thereof.

§ 3. Said Ramsay, his heiis or assigns, shall, at the
end of each year pay over to the city treasurer of the
city of Lacon ten per cent, ol the net proceeds of said
ferry; and said mayor and aldermen of said city may re-
quiit^. said statement of the {)roceeds and expenses of said
ferry to be sworn to by said Ramsay or the person running
the said ferry.

§ 4. Said Ramsay, his heirs or assigns, shall at all times
keep said ferry in accordance witli the laws of this state.
'esfabiiTh"r°at4" § ^- "^^^^ mayor and aldermen of said city shall, when
ol toil. said Ramsay, his heirs or assigns, shall have eniered into

bonds, as before provided }or, fix and establish the rates of
fare or toll to be charged for persons, property and teams
crossiiig said river at said ferry.

^tabiuhed"^ *"" § ^' "^'^^^^ ^^'^"^ ^"'^'' ^^*^^ ^^^^ ^^^^ of August, A. D. 1856,
the said Ramsay, his heirs or assigns, shall be required to
run said ferry at all times during tiie day time, except when
the river may be closed by ice or when it would be im-
practicable or dangerous to do so; and a failuie to run
said ferry for the space of thirty days shall work a for-
feiture of this charter.
- "* fl d '^'^^^^ ^ ^' ^^^^ Ramsay, his heirs or assigns, may enter upon
said road or roads before named for the purpose ol throwing
up or raising an embankment or levee across said Illinois
river bottom, from said river to the Peoria and Bureau
Valley Railroad, so as to make the same passable during
high water or when the river is out of its banks.

>:ot to affect § 8. That nothing herein contained shall be so con-

.OTttOTry. '''*' strued to affect any of the rights of the present ferry at
said city of Lacon.

Tote t» fee taken § 9- Tliis act shall take effect and be in force from

fe?ry!' *^'""" ^"^ ^^^^^ ^^^ ^^"^^ ^^Y ^^ ^^J '^^^^ ' Provzded, that a
majority of the votes in all the towns of said couniy voting
at the election for town ofiicers in April next on said
question, (with the exception of the towns of Henry and
Lacon,) shall be in favor of said ferry. The ballots shall
be written or printed "for" or " against" a new ferry at
Lacou. If a majority of those voting as aforesaid shall be
against said ferry then this act shall be of no force and
effect.

§ 10. The clerks of the town meetings shall make re-
turns of said votes for or against said ferry to the clerk of
the county court of Marshall county, which shall be by
him filed in his said office.
Approved Feb. 15, 1855.

549 1855.

AN ACT authorising Sniitii Frye, rti Peoria counlyj fo establish a ferry lu force Fot'. is,
across the illiiiois river. \Sbr..

Section 1. Be it enacc'ed hyi the peujjle of the slate of
Iliinuis, representedin the General tdssembly, That Smith
Frye, oi the county of Peoria, his heirs, executors, admin-
istrators and assigns, be and he and they are hereby au- Establish feriy.
thorised to estaulisa, keep and maintain a ferry across the
Illinois river from the nortiieast fractional quarter of section
twenty-six, (26,) in iownship nine (9) north, of range eight
(8) east of the fourth principal meridian, in Peoria coun- Bonndar.v.
ty, and running across said river to fractional section three,
(3,) in township twenty-six (26) north, of range four (4)
west, in Tazewell county, or from any other lands near to
or adjoining the same, now owned or which may here after
be purchased by the said Smith Frye, his heirs, executors,
administrators or assigns.

§ 2. Be it further enacted^ That the privilege hereby ^ermot years.
granted shall continue and be extended for the period of
dfty years, and that no other ferry fhall be established
v/ithin one and a half miles of the ferry established by this
act by the county court or courts 0/ either of the said coun-
ties of Peoria or Tazewell during the period aforesaid, nor
by any other authority except that of the general assem-
bly oi this state, nor by tlie said general assembly unless
the public good shall require the same.

§ 3. Be a further enacted^ That the said Frye, his heirs, ^ates of toiit.
executors, administrators and assigns, be and lie and they
are hereby authorised to receive the same toils for cross-
ing passengers, travelers, teams, cattle, horses, hrgs, sheep
and all other property, aiiimals and things at his and their
said terry as the Peoria Bridge Association are now by law
authorised to demand and receive for crossing their bridge
at the city of Peoria.

§ 4. Be it further enacted., That it shall be the duty of Keepioats.
the said Smith Frye, his heirs, executors, administrators
and assigns, to furnish and at all times keep on liand, (un-
avoidable accidents and casualties excepted,) a sufficient
number of boats, oars, poles, ropes, rigging, machinery and
men to afford at all times to travelers and passengers, with
their horses, teams, wagons, cattle and property of every
description, a safe, speedy and convenient conveyance
across said river, at the place aforesaid, and for each and
every failure to do so he or they shall forfeit and pay to
any person or persons aggrieved or injured thereby a pen- Peoa'^J-
aity of ten dollars, to be recovered before any justice of
the peace of Peoria county or any other county where the
owners of the said ferry may be found, and shall moreover
be liable to pay to the party injured all such damage as he
may sustain by reason of such failure and non compliance.

1855.

650

rile boBda.

Yaxes assess^'d.

§ 5. Be it further enacted, That the said Smith Frye,
his heirs, executors, administrators and assigns,. shall, be-
fore he or they commence running or operating said ferry
under this act, file a bond with the clerk of the county
court of Peoria county, in a penalty of one thousand dollars,
with security, to be approved by said clerk, payable to the
people of the state of Illinois, and conditioned that he or
they will keep and maintain said ferry according to law
and. in all things conform to and comply with the provi-
sions of this act.

§ 6. Be it further eiiacted. That all taxes assessed on
said ferry by the counties of Peoria and Tazewell shall be
expended and laid out in the improvement of the road from
the east side of the river to the bluff under the direction of
the proper officers of the township or road district, as the
case may be.

§ 7. Be it further enacted, That if at any time the said
Smith Frye, his heirs, executors, administrators and assigns,
shall fail to keep up and maintain said ferry as herein pro-
vided or shall fail to comply, substantially, with the con-
ditions and provisions of this act the privilege and fran-
chise hereby granted may be revoked and annulled by a
proceeding in the nature of a writ oi quo warranto, to be
filed in the circuit court of Peoria county.

§ 8. Be itjurther enacted. That this act sha'l be and
the same is hereby declared to be a public act, and the
same shall take effect and be in force from and after its
passage.

Approved Feb. 15, 1855.

)u f jrce Feb. 14,

1865.

••rpttrixtors.

Muine aud style.

Sre'ieral powers.

AIN ACT to incorporate the Phoenix Coal and Iron CompaDj.

Section 1. Be it enacted by the people of the State of
Illinois, represented in the General jissembly, That James
Harrison, Samuel M. Glasford, John M. Blair. "William H.
Belcher, Charles P. Chouteau, Constance J. Peepers, Ed-
ward Y. Ware, Abram Glasford, Samuel Gaty, their asso-
ciates and successors, be and are hereby constituted a bo-
dy politic and corporate, under the name and style of "The
Phoenix Coal and Iron Company," with pe.petual succes-
sion, and with power by tha' name to contract and be con-
tracted with; to sue and be .sued; to have a common seal;
to tci e and to hold by purchase land in the county of St.
Clair for the purpose of mining, cokicg, transporting and

551 1866.

selling mineral coal and for the mining, transportation,
manufacture and sale of iron : Provided^ lioioever, the land Provu. .
so held shall not at any time exceed twenty-five hundred
acres, with power to sell and convey the same or any part
thereof; and moreover, to appoint all necessary agents and
officers and to make such by-laws and regulations for the
more thorough organization of said company and the pros-
ecution of its business within the meaning of this act : Pro- Proviso.
vided^ said by-laws and regulations are not inconsistent
with the laws of tfiis state or the United States; and more-
over, with power to hold such personal property and to
possess and erect such stocks, buildings and machinery as
may be necessary for the purposes of mining, coking, trans-
port.ttion and manufacturing in pursuance of the powers
and privileges granted by this act

§ 2. The capital stock of said company shall be three capita) stork.
hundred thousand dollars, divided into shares of one hun-
dred dollars each, with power, by vote of the stockholders
at a meeting duly called, to increase the ssid capital stock
to the sum of six hundred thousand dollars.

§ 3. The said company shall have authority to con- censtrwt ran
struct a railroad from any part of the lands purchased by
them under autiiority of this act to any other part of said
lands, and also from said lands so as to connect with, any
other railroad in the said county of St. Clair or to a point
on the Mi-^sissippi river, opposite the city of St. Louis;
which said roaci or roads, so constructed, shall be used for
the transportation of the coal, iron, coke and material of
said company and for the convenient prosecution of its bu-
siness and not for any purpose of general transportation.

§ 4. The right of way for said road or roads to be con- Right ^i war.
structed under the provisions of this act, as also for depots,
landings, &c,, maybe obtained by said company, either by
purchase, gift or grant, or in tiie mode presented by an act
of the state of Illinois entitled "An act to amend the law
condemning the right of way for purposes of internal im-
provement," approved June 22, 1852.

§ 6. The directors of said company shall consist of not Elect .i.ye<toi..
less than three nonnore than seven, who shall be elected
annually by the stockijolders of tlie said company at such
time and place as the by-laws of said company may pre-
scribe. In each election by the stockholders of said com-
pany each share of stock shall be entit'ed to one vote.

§ 6. Said company are hereby authorised from time to Borrow, mon*-.'.
time to borrow money, to an amount not exceeding one-
half of the capital stock of said company actually paid in,
and for that purpose may issue their bonds, bearing inter-
est at a rate not exceeding ten per cent , and to secure
the same may execute one or more mortgages upon all or
any part of the property of said company; which said mort-

1855.

552

gage or mortgages, being duly acknowiedged and record-
ed in the said county of St. Clair, shall be valid and (ffec-
tual liens upon the property of the said company to the ex-
tent and for the purposes for which they are executed.

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

Approved Feb. 14, 1855.

AN ACT to inccrporafe the Cairo Ff.rmeri' Tobucc-. \V:ir<'loiise C mpany.

Section 1. Be it enacted by the people of the slate of
Illinois, represented in the General *dssembly, That a com-
pany shall be and the same is hereby established, to be
vwne andstyie. called "The Cairo Farmers' Tobacco Warehouse Compa-
ny," the subscribers to which, their successors, assigns
•knsrai powers, and associates, shall be and are hereby made a body poli-
tic and corporate, for the term of thirty years from the pas-
sage of this act; and under that name they may contract
and be contracted with, and may have, purchase, lease,
enjoy and hold, to themselves and their successors, lands,
tenements, goods and securities as may be necessary for
the carrying on said warehouse, and to sell, assign and dis-
pose of the same at pleasure; and should there at any time
be any apartments in said warehouse required for the re-
ception, inspection and storage of tobacco they may use
the same for the storage of any other articles, or may use
the same for that purpose; and they may sue and be sued,
plead and be impleaded, defend and be defended in courts
of record and elsewhere; and make and use a common seal
and break, alter or renew the same at pleasure, and also
establish by-laws and regulations for the governmeiit of
said company, not contrary to the laws of tliis st3te and
this act.

§ 2. The capital stock shall not exceed thirty thousand
dollars, to be divided into shares of fifty dollars each.

§ 3. Bryan Shannessey, M. S. Ensminger, S. Statts
Taylor, Patrick Corchoran, Charles S. Artcr and Moses
B. Harroll, or an}" three of thern, are appointed commission-
ers for receiving subscriptions for stock, and shall cause
books to be opened for the same.

§ 4. As soon as three thousand dollars shall be subscri-
bed and paid in this act shall go into effect; and the com-
missioners shall call a meeting of the stockholders, who
shall, by ballot, select a president and three directors, to

Gi^MaX stock.

Comaiiiisiaiiers.

Fr^sitloiit and di

553 1856.

continue in office until the second Monday in January,
1857. There shall be an annual meeting of the stock-
holders on the first Monday in January in each year there-
after to elect a president and three directors, their term to
commence on the second Monday ; and at such annual
meetings a statement shall be exhibited of the affairs of the
corporation and such dividends m^de arising from their
fees, profits, &c., as shall be deemed advisable by a ma-
jority of said president and directors.

§ 5. The president and directors or a majority of the ^v-^^^'-
board may from time to time make such by-laws and rules
for the government of the corporation as to them shall seem
expedient, not inconsistent Mrith the laws of this state and
with this act, and they shall appoint such subordinate offi-
cers and agents as may be necessary and proper for the
execution of the business of the corporation.

§ 6. The form of certificates of stock and mode of trans-
fer shall be regulated by the by-laws of the corporation;
and a lien is hereby created in favor of the corporation on
the stock belonging to each individual stockholder, for al!
debts due or owing by him to the corporation, by subscrip-
tion or otherwise; and no stock shall be transferred by any
shareholder until he shall have first paid or otherwise se-
cured all such debts to the satisfaction of the president
and directors.

§ 7. In case of the death or resignation of the presi- ^^'"•^•* «*"*•
dent or any directors the board shall elect a successor, to
continue in office until the vacancy is filled at the next
annual meeting of the stockholders.

Approved Feb, 14th, 1855.

AN ACT to incorporate the Quincy Water Company.

Section 1. Be U enacted by the people of the state oj
Illinois, represented in the General v'lsscjnhly^ That John corporators.
Wood, Charles A. Savage. Thomas Redmond, Abraham
Jonas, Charles Meortz, Nehemiah Bushnell, William H.
Benneson, Amos Green, Henry Hayes, Samuel Holmes,
William Carlin, I. N. Morris and their associates, succes-
sors, heirs and assigns, be and they are hereby created a
body politic and corporate, with perpetual succession, by
the name and style of "The Quincy Water Company," Name and atTU,
and by that name they and their successors shall be ca-
pable in law of contracting and being contracted with, su-

1856.

554

Mijaou.

iri» twkeUnd.

ing and being sued, defending and being defended in all
courts and places and in all matters whatsoever, with full
power to acquire, hold, occupy and enjoy all such real and
personal estate as may be necessary and proper fcr the
construction, extension and usefulness of the works of said
company and for the management and good government of
the same; and they may have a common seal, and the same
may alter, break and renew at pleasure.

§ 2. The corporation hereby created shall have full
power and authority to locate and from time to time change,
relocate, construct, reconstruct and fully finish, perfect and
maintain all such works, dams, canals, water reservoirs,
water pipe?, mills, pumps, steam engines, aqueducts, hy-
drants, all such houses and buildings necesssry for water
works to supply with water the city of Quincy, in the
county of Adams, and for that purpose the vsaid company
shall, with the consent of the city council, have full power
and authority to lay out, designate and establish their said
works, and may take and appropriate to their ov/n iise any
lands necessary for said water v/oiks, not exceeding sixty
feet in width, along the entire line from the water reser-
voirs to and through any part of the said city of Quincy,
and not exceeding three hundred acres of land in said
county of Adams, for the purpose of water reservoirs, dams,
dikes and depots — said company taking all such lands by
gift, purchase or condemnation and making satisf-^ction for
the same as hereinafter provided; and said company shall
have full power and authority to lay pipes for the purpose
of conducting the water in any of the streets, avenues and

PTofito. alleys of said city : Provided, that no permaient injury or

damage shall be done to any street, lane or highway in said
city.

^i^^e«Ti"n<"»^ § ^' The said company and under their direction and
by their authority their agents, servants and workmen are
hereby authorised and empowered to enter into and upon
the lands and grounds of or belonging to the state or to any
person or persons, body politic or corporate, and survey
and take levels of the same or any part thereof, and to set
out and ascertain such parts as they shall think neces-
sary and proper for the construction of said water works
and for all purposes connected with said water works ;
which said company by tlie last preceding section is au-
thorised to have, take and appropriate any lands, and to
fell and cut down all timber and other trees standing with-
in fifty feet of the line of said water works — the damages
occasioned by the felling of said trees, unless otherwise
settled, to be assessed and paid for in manner hereinafter
provided for assessing and paying damages for land taken
for the use of said water company, the said company doing
as little damage as possible in the execution of said pow-

555 1856.

er hereby granted, and maliing satisfaction in the manner
hereinafter mentioned for the damages which may be sus-
tained by the owners or occupiers of said iand.

§ 4. The said company shall have itower to take, re- Receive »if««,
ceive and hold all such voluntary grants and donations of
land and real estate for the purposes of said water works
as may or shall be made to said company to aid in the
constructif n, maintenance and accommodation of said wa-
ter works; and said company may contract and agree with
the owner or occupiers of land upon which said company
may wish to construct said water works or which said
company may wish to use for the purpose of procuring
stone, sand, gravel, earth or other materials to be u?ed for
dams, walls or otherwise in or about the construction, re-
pairs and possession of said water works or which said
company may deem it necessary to use or occupy in any
manner or for any purpose or purposes connected with
said water works; which said company is authorised and
empowered by this act to have or appropriate any lands
and to take and receive grants and conveyances of any and
all interests and estates therein to them and their succes-
sors and assigns in fee or otherwise; and in case said com-
pany cannot agree with such owner or owners or occu-
pants of such lands as aforesaid then the price and value
of such lands maybe fixed, estimated and recovered in the
manner and form provided for taking lands for roads, ca-
nals or other public works as prescribed by the act to RieMofw»y.
amend the law condemning right of way for purposes of
internal improvement, approved June 22, 1852; and the
com])any hereby created siiall, in all things relating to con-
demning of land and right oi way,be governed by the pro-
visions of the last mentioned law, anything therein to the
contrary notwithstanding.

§ 5. The capital stock of said company shall not ex- capiui »t«tk,
ceed five hundred thousand dollars, to be divided into
shares of twenty dollars each, to be subscribed for and paid
in such proportions as shall be prescribed by the by-laws
and rules for regulating the concerns of said company as
they shall think proper and necessary respecting the man-
agement and disposition of the stock, property and estate
of said company, the duties of the ofificers, artificers and
agents to be employed, the number and election of direct-
ors and all such matters as appertain to the concerns of
said company. Said company shall have the exclusive
privilege of supplying the city of Quincy and its inhabi-
tants with water for the term of fifty years : Provided, the
said company shall be required to commence, in good faith,
the construction of said water works in two years; to con-
struct and put into operation their said water works, ac-
cording to the terms of this charter, within five years from

1855.

556

the passage of this act, which shall be taken and received
as a public law in all courts and places whatever,
sorinrato powers § 6. The Corporate powers of said company shall be
vested and exercised by a board of directors, to consist of
not less than seven nor more than thirteen in number, and
such officers, agents and servants as they shall appoint.
B9»i-4 .f direc- The first board of directors shall consist of the persons
whose names are mentioned in the first section of this act,
who shall hold their offices until their successors are elect-
ed and qualified. Said directors shall open books for the
subscription to the capital stock of said company in the
city of Quincy and at such other points as they may deem
proper; and whenever stock to the amount of fifty thousand
dollars shall have been subscribed then the said directors
shall give public notice thereof and appoint a day for the
election of a board of directors; and when said new board
of directors shall have been elected and qualified then the
duties of said first named directors sh.all cease; and. the
directors of this company may enact and ordain all such
»r-iaw«. by-laws and regulations, not inconsistent with the provi-

sions of this act, as may be necessary for the regulation of
the election of directors and other officers of this company
and f>r the regulation and management of the concerns of
the said company.

§ 7. The said company may accept subscriptions to
their stock from the city of Quincy, in its corporate capa-
city, to any amount, not exceedir;g one hundred thousand
•*kr of Quincy to dollars; and the city of Quincy is hereby authorised to sub--
astock. gpj^j^g ^Qj. gijares of stock in the Quincy Water Company,
in any sum, not exceeding one hundred thousand dollars,
and which stock so subscribed for shall be under the con-
trol of the city council of said city in all respects as stock
subscribed by individuals : Provided) that in subscribing
for said stock the city council shall act and in all things
connected therewith be governed by the provisions of sec-
tions 2, 3 and 4 of "An act to authorise the city of Quincy
to subscribe to the stock of the Northern Cross Railroad
Company," approved January 26th, 1853; which said three
sections shall, for all and every purpose relating thereto,
be considered as part of this act.

§ 8. The said company is hereby authorised from time
to time to borrow such sum or suras of money as may be
necessary for completing, finishing or enlarging their said
water works, and to issue and dispose of their bonds and
to mortgage their corporate property and franchises or
convey the same by deed of trust to secure the payment of
any debt contracted by said company for the purpose afore-
said under such terms and regulation? as shall or may be
provided for by the by-laws of the said company or adopt-
ed by the board of directors. The office of said company

I*rov«9.

•oiTow money.

667 1856.

shall be located in the city of Quincy, and the directors
herein named are required to organize the board by elect-
ing one of their number president and by appointing a secre- president,
tary and treasurer; and the saifl company shall have power
to charge for the supply of water to families, mills, distil-
leries, breweries, fire companies or to any person or per-
sons and bodies corporate applying to said company for a
supply of vater such sums of money per annum as shall be
lawfully pstablisl^'^d by the by-laws of said company.

§ 9. The said company shall annually or semi- annually
make such dividends as they may deem proper of the net
profits of said company among the stockholders thereof in
proper proportion to their respective shares.

Approved Feb. 13, 1855.

AN ACT to amend the charter of the Illinois River Bridge Company, of in force Feb. 16-

Ottawa. 1S56.

Section 1. Be it enacted by the people uf the state of
Illinois, represented in the General Jissembly, [That] the
organization of the Illinois River Bridge Company, of Ot-
tawa, as made under and by virtue of an act entitled " An
act to authorize the building of a bridge across the Illinois
river, at Oltawa," approved Januaiy. 27, 1853, and "An
act to amend the charter of the city of Ottawa," approved Acts repealed.
March I, 1854, and '-An act to amend the township or-
ganization law," approved February 28, 1854, be and the
same is hereby repealed.

§ 2. The subscriptions made to the capital stock of said subscription y«-
company and the bonds issued by any town in La Salle "'^'
county, in pursuance of the act above recited or either of
them anl in pursuance of a vote of such town are hereby
declared legal and valid.

§ 3. In addition to the rates of toll now provided by Kates oi»»w.
law said company are authorised the following rates of
toll for crossing their bridge : For each horse, mule or
ass and rider, 10 cents; for each head ot loose horses, cat-
tle, mules or asses, three cents; for each head of hogs or
sheep, one cent; and they are authorised to charge one-
third of the said rate of toll in addition to persons not re-
siding in La Salle or Livingston counties.

§ 4. The sale of bonds which have been made by the saie of toidi i»-
towns or either of them who have subscribed to the cap- 8aiib»d.
ital stock of said bridge is hereby legalized, and the hold-
er of any such bond may surrender the same to the town

fa&da.

1856. 558

issuing the sama and receive in lieu thereof bonds, with
inlerest coupons attached, which may be severed from said
bonds, and which shall provide for the payment of ihe in-
terest in the same manner as is now provided by the ori-
ginal bonds.
A^iicauon of § 5. Towns which have subscribed to the capital
stock of said company and 'ssued bonds as provided in
either of the acts above referred to may apply the pro-
ceeds of tax levied or to be levied in pursuance of the
act above referred to or either of them, after paying the
interest on said bonds, to the payment of the principal of
sucii bondsj and they shall apply the sums arising from the
dividends made by said bridge company in payment of
such bonds until the same are paid; and they are hereby
authorised to levy and collect an additional tax in -uch
towns for the payment of such bonds, such tax not to ex-
ceed in any one year one per cent, of the taxable property
in such town; such tax to be levied and collected as other
town taxes are.
TowM may ex- § 6. Anj towu owuing stock in said bridge company may
"*^~ "*— exchange the same for the bonds of such town in such
manner and upon such terms as the voters of such town, at
any town meeting, may determine; and any holder of any
such bonds of such town may surrender the same to the su-
pervisor and town clerk of such town and pay to the trea-
suier of such town all the money paid as interest upon such
bonds by such town, after deducting from such amount the
amount of an}' dividend actually received by such town up-
on the stock for which such bond was given; and it shall a
thereupon be the duty of such supervisors and town clerks ^
to cause to be transferred upon the book of said company
to such bond holder an amount of the stock in said company
held by such town equal to the amount of the bonds so sur-
rendered.

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

Approved Feb. 15, 1855.

dbange stock.

la force Feb, 18, AN ACT to incorporate the Morris Bridge Company,

1865.

Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly^ That all such
persons as shall become stockholders, agreeably to the
provisions of this act, in the corporation hereby created.

569 1865.

shall be and continue to be a body politic and corporate,
under the name and style of "The Morris Bridge Com- ^'ame and"gt7ir
pany," and by that name shall have perpetual successionj
may sue and be sued, plead and be impleaded unto, an-
swer and be answered unto in all courts of law or equi-
ty; may have and use a common seal, and alter the same
at pleasure; may malce by-laws, rules and regulations for
the management of their affairs and for the transfer of
stock, not inconsistent with the constitution and laws of
the United States or of this state.

§ -2. The capital stock of said company shall be thirty capitaj sioek.
thousand dollars, and shall be divided into shares of fiity
dollars each, with the privilege to said company, after
it shall be organized according to the provisions of this
act, to increase the capital stock to forty-five thousand
dollars — the additional stock to be divided into shares as
aforesaid.

§ 3. William T. Hopkins, J. W. Claypool, Samuel comnii88te»<.ri.
Hoge, George W. Armstrong, Ezra P. Seeley or a major-
ity of them shall be commissioners for the receiving of
subscriptions to the stock of said company; which sub-
scriptions may be made at such place or places and after
such notice and upon such term as shall be agreed upon
by a majority of said commissioners.

§ 4. The affairs of said company shall be managed GoTcnin»«D».
by a board of five directors, three of whom shall be a
quoruni to do and perform the business of said company;
and as soon as twenty thousand dollars of stock shall be
subscribed in pursuance hereof said commissioners or a
majority of them shall call a meeting of the stockholders
of said company, at which meeting said stockholders shall
elect five directors, who shall continue in office one year
and until their succes;ors shall be qualified; and at all
elections held by thf stockholders of said company, each
stockholder may vote personally or by proxy, and cast as
many votes as he may own shares of stock. The time
and place of holding the first election of said directors Annuai eieenoaa
shall be fixed by said commissioners or a majority of them,
and all subsequent elections shall be held and regulated
according to the by-laws of said company,

§ 5. The said company, when organized by the elec- objeete.
tioa of directors as aforesaid, may construct and maintain
a bridge over the Illinois river, at Morris, in the county of
Grundy, and for the purpose of constructing and main-
taining such bridge and all such embankments, approach-
es, toll houses and dwelling houses for collectors and such
other works as may be requisite for said bridge, the said
company may take possession of and use so much of the
bed and shories of said river, any public highway or any

1866. 560

street or alley of the said town of Morris as shall be ne-
cessary.

§ 6. If any land which may be necessary to occupy
as the site of said bridge or in the construction, use and
maintenance thereof or for toll houses, dwelling houses
for toll collectors, and for such other works or erections
as may be reqiisite, cannot be obtained by an agreement
by said company and the owner or owners of such land or
lands, said company may obtain the title to such land or
lands by making application and pursuing the course pre-
scribed for obtainiiig the right of way for railroads in an
act entitled " An act to provide for a general system of
railroad corporations," approved November fifth, 1849.
loll fate. § 7. The said company are hereby authorised, after

the completion of said bridge, to place a toll gate at either
end thereof, where they may charge and receive the fol-
lowing rates ol toll for crossing said bridge, to wit : For
RRtesoftoii each vehicle drawn by two horses, mules, asses or oxen,
fifteen cents during the two first two years, and ten cents
thereafter; for each additional horse, mule, ass, ox attached
to said vehicle, three cents; for each vehicle drawn by one
horse, mule, ass or ox, ten cents; for each hog or sheep,
one cent; for each head of horses, mules, asses or cat-
tle, other than enumerated as aforesaid, three cents; for
each footman, three cents; for each man and horse, five
cents; and if sucii vehicle, with animal or animals attach-
ed, footman or man and horse shall return on the same day
that they shall have crossed over they shall return free :
Provided^ that double tolls maybe charged for all crossing
between the hours of nine o'clock P. M. and five o'clock
A. M., going and returning : Provided, also, that each
footman may purchase the right to cross said bridge one
year upon the payment of one dollar in advance.
jo.keepbriigein § 8. The Said compauy shall at all times after the corn-
good repair. pletio,; of Said bridge keep the same in good repair and al-
low a speedy passage to all comers, with their animals and
vehicles; and if at any time said bridge siiall be out of re-
pair, so that the same shall be impassable, for the space of
three months at any one time, the same, with its appurte-
nances, shall become the property of the county of Grun-
dy : Provided, that it said bridge shall be destroyed by fire
or flood or require for any cause to be rebuilt said compa-
ny siiall be allowed a reasonable time to rebuild the same.
Coaswere.! real § 9. When Said bridge shall be completed it shall, to-
gether with its appurtenances, be considered real estate,
and may be taxed as such for state purposes only; but not
for any county, town, school, road, special or any other
purpose shall the same be taxable; and the ^tock or certi-
ficates of stock which may be taken or issued in pursu-
ance hereof shall be evidence of an interest irf said bridge

eitalo.

561 1855

to the ainount mentioned in such stock or certificate of
stock, and shall in no case be taxable.

§ 10. The directors of said corporation shall choose ciioose president.
one of their number to act as president of their board, who
shall preside at all their deliberations. They shall also
choose a secretary, but who shall not at the time be one
of the directors, and that when any certificate of stock
shall be issued by said company it shall be under the seal
thereof and signed ^j the president of the said board and
attested by the secretary.

6 11. The said bridge shall be deemed a public high- Deemed pubii:

^ .^, . ,1 • r*u I -J- I- ^< highway.

way within the meaning or the laws providing tor tne pun-
ishment of persons injuring, obstructing or destroying
public highways or bridges in any manner whatever.

§ 12. That said company may, if deemed necessary, Borrow moner.
borrow such sum or sums of money as may by said com-
pany be thought requisite at any time to build, assist in
building or to keep in repair such bridge; and to secure
the payment thereof said company may mortgage said
bridge and the site thereof, with the appurtenances, in
such manner and upon such terms jis they shall provide.

§ 13. If any person or persons shall cross said bridge with p?naity for fast
any bsast faster than a walk, or if any person or p; rsonshav- "lingcrdrivmi;
ing crossed said bridge, either on foot or otherwise, shall
refuse to pay the toll hereby authorised to be received,
he, she or they so crossing said bridge faster than a walk
or refusing to pay said toll shall forfeit and pay to said «
company for each and every such offense five dollars, to
be recovered before any justice of the peace or other court
having jurisdiction of the same.

§ 14. If any toil gatherer shall unreasonably delay or tou gatherer iia-
hinder any person at the toll gate of such bridge, tender- ^^s!" ""^^'^
ing the legal toll, or shall demand any more than the legal
rate of toll he shall forfeit and pay for every such offense
to such person ^^o hindered the sum of i\ve dollars, to be
recovered before any justice of the peace or other court
having jurisdiction of the same; and in case such toll
gatherer shall have no property subject to execution said
company shall be liable for said penalty and the costs
which may have accrued in such case against such toll
gatherer, to be recovered as aforesaid.

§ 15. If any person or persons shall negligently or penalty for (i»m-
willfully injure said bridge he, she or they so offending '^^"'^^ bridge.
shall forfeit and pay to said company treble the amount it
may cost to repair the same, with costs of suit, to be re-
covered before any justice of the peace, if the penalty de-
manded shall not exceed one hundred dollars, or before
any court having the jurisdiction thereof.

§ 16. Ail charters heretofore granted to any person or Actarepaaied-
persons for a bridge or ferry at the said town of Morris,
50

i«55. 562

for the purpose of crossing the Illinois river, be and the
same are hereby repealed; and if any person or persons
shall convey by ferry or otherwise any footman, horse,
mule, ass, ox or any vehicle over the Illinois river within
live miles of the bridge herein granted after the comple-
tion of the same for liire, or if they shall establish any
ferry within five miles of said bridge, upon said Illinois
river, for the purpose of conveying passengers over said
river for hire, he, she or they so ofFendmg shall forfeit and
pay to said company for each and every such offense the
sum of five dollars, and shall forfeit all ferry boat or boats,
with their appurtenances, to the said bridge company,
t-o be recovered as other penaltres authorised by this act.
lusi.t, Planted. § 17. The right is hereby granted to said company
to use a ferry boat or boats for the purpose of conveying
passengers, with their animals and vehicles, over said river
during the building of said bridge and during any time it
may be necessary to repair or rebuild the same, for which
tiie said company may charge and receive a reasonable
toll.
3u cHBi? the toll § 18. If at any time after the completion of said bridge
t.^en'j'e^™ent. the amouuts of tolls foT any one year actually received shall
port^toJiipervi- ^^^ amouut to ten per centum per annum upon the stock
•" • issued by said company and two per centum as a sinking

fund, to be used for the purposes of repairing said bridge,
together with aU expenses, the said company may rej>ort
the same to the supervisors of said county of Grundy,
* rendering to the said supervisors an account of all the re-
ceipts and disbursements, for tolls or otherwise, for the
year immediately preceding, under oath; then if tlie said
supervisors shall find that the amount of toils actually re-
ceived during the said year do not amount to the aforesaid
Increase rates of sums it shali be the duty of the said supervisors to increase
^'^^' ■ the amount of the rates of toll to such sums as in their

judgment shall be sufficient to yield to said company the
amounts aforesaid; and the amounts of tolls so fixed shall
be the legal rates of tolls for one year from the date of said
increase of tolls by said supervisors, but no longer, unless
the time for said increase of tolls shall be extended to a
longer period by said supervisors of said county.
Hvck eonsidered § 19. The stock of Said Corporation shall, for all pur-
personaipioper- poses, cxcept for the purposes of taxation, be considered as
personal property, and as such may be sold and trans-
ferred as any other personal property, subject, however,
to the rules and regulations which may be made or estab-
lished by said corporation.
City of Moniii § ^^- The towu of Morris, in Grundy county, or the
'uScribe'* to ^^^J ^^ Morris, in case the same shall become incorporated
capital stock, as a city, is hereby authorised to subscribe to the capital
stock of said bridge company any sum, not exceeding five

563 1855.

thousand dollars, or to loan the credit of said town or
city, in case the same shall become incorporated as afore-
said, to said company for the same sum; and for the pur-
pose of carrying the provisions of this section into effect
said town of Morris, through its president and board of
trustees, or said city of Morris, in case the same shall be-
come incorporated as a city, through its common council,
are hereby authorised to make and issue the bonds of said C'ty may am*

•> , , . . bonds.

town or City, as the case may be, bearing interest at a rate
not exceeding ten per centum per annum, payable to said
company or to any other person or pert'ons or body corpo-
rate : Provided, however^ that whenever such subscription Provis.j.
or loaning of credit is proposed to be made it shall be the du-
ty of the president and board of trustees ot said town or the
common council of said city, in case the same shall become
incorporated as aforesaid, to order a vote of the taxable in-
habitants of said town or city, as the case may be, by publi- vote ot the t5M-
cationin all the public newspapers published in the said town '^^•'"^'■•''♦**"'*-
orcity,5cating that on a certain day, not less than thirty days
from said publication, a vote of the taxable inhabitants of
said town or city, as the case may be, who tire entitled
to vote tfierein, will be had to decide whether said town or
city shall subscribe or loan its credit, as proposed by the
president or board of trustees or common council, as the
case may be; and said publication, stating the amount
proposed to be subscribed for which the credit of the town
or city is proposed to be loaned, the company and thq
amount and terms of the loan proposed to be issued. Said Vote ty tiaiioi .
vote shall be taken by ballot at the place of holding the
election, and if a majority of the votes cast shall be in fa-
vor of the proposition of tlie president and board of trus-
tees of said town or the common council of the said city,
then such subscriptions shall be made; otherwise, not: Pro- Proviso, ^mt
vided, that in case such proposition be not adopted upon
the first vote it shall be lawful to submit the proposition,
or any other proposition in relation to the same subject,
in the same manner, to a vote of the people when said
board of trustees or common council shall deem it for the
public interest to do so.

§ 21. Any township in Grundy county, under the ^^y town m»j
township organization law, may take stock in said bridge : **^^^*^'*
Provided, that at the annual meeting in such town a ma-
jority of the legal voters voting at such town meeting shall
vote to take stock in said bridge and shall determine the
amount of stock to be taken by said township. The super-
visors and town clerk of any such town shall execute all
bonds or other obligations on behalf of said town which shall
be directed to be executed by the vote of said town at
such annual town meeting to secure the payment of the
stock 80 taken by such town : Provided, that the amount pwtim.

1W66. 664

of stock so taken by any one town shall not exceed one

thousand dollars.
May convert § 22. Whenever any town in Grundy county shall have
boo.i* into stock subscribed to the capital stock of said company and shall
have issued the bonds of the said town therefor in the
manner provided by this act it shall be lawful foi the legal
holders of such bonds or either of them to convert the
same into stock of said company in manner following :
1st, said holder shall surrender said bonds to the town
clerk of the town by which it was issued, and shall also
pay to said clerk the amount of interest which shall have
accrued on said bond and shall have been paid by said
town, for which said clerk shall give his receipt and pay
the same to the treasurer of said town. Said clerk shall
also give his receipt for said bond, and upon the presenta-
tion of such receipt it shall be the dufy of the secretary of
said bridge to transfer on the books of said company, the
amount of stock held by said town in said bridge com-
pany, which shall be equal to the amount of the bond so
surrendered.

§ 23, This act shall be deemed and taken as a public
act in all the courts in this state, and shall be in force from
and after its passage.

Approved Feb. 13, 1855.

!n force Feb. 14, AN ACT in amendment of and supplt-meiital of an act entitled "An act
1855. to incorporate the Chicago City Hydraulic Company."

Section 1. Be it enacted by (he people of the state of
Illinois, represented in the General Jissenfihly, That the

■wrater commis- persous hereafter to be elected water commissioners of
said city shall be taken, successively, from the south, north
and west divisions ol said city, in the following order: The
first election after the passage hereof shall be of a commis-

soath dinsien. gioncr from tlie south division, the next from the north di-
vision, and the next from the west division, and so on in
the same order, so that one commissioner shall be elected

Bi9«te« each year for ouc of Said divisions each year, and shall hold his office
for three years from the time of his election. No person
shall be elected from any division unless he shall at the
time of his election be a freeholder, and have been a resi-
dent of said city for at least three years and of said divi-
sion for at least six months next preceding such election.
fliuS*.'' ^^^ ^** ^^^^ °^ ^"y vacancy in office of any one or more of

565 ;|^y 1855.

said commissioners the vacancy shall be filled by the elec-
tion, by the commoti council, of some citizen of said city,
duly qualified and resident as aforesaid, who shall have
power to act as such commissioner until the expiration
of the full term for which the commissioner was elected
in whose place he is appointed : Provided^ that no person Pf*>''«o-
shall be considered elected by the said common council
unless he shall receive a majority of the votes of all the
aldermen by law authorised to be elected. The first
election under this act shall be for a commissioner from
the south division, and shall be held on the first Tuesday
in May, A. D. 1855, and the succeeding elections shall be
annuelly thereafter.

§ 2. If any commissioner shall during his term of of- ^re*movar"fro»
fice remove his place of resiience from the division from division.
which he was elected such removal shall vacate the office
of .such commissioner, and the common council shall forth-
with declare said office vacant and proceed to elect some
person, duly qualified and resident as aforesaid, who shall
act as commissioner durinc![ the unexpired term of the
commissioner whose office is thus vacated.

§ 3. The said board shall have the power and it shall water rente.
be their duty to assess, as water ren^s, such amounts as
they shall deem equitable upon the owner or owners, oc-
cupant or occupants of aiiy building or buildings which
shall be situated on lots adjoining any street, avenue or
alley in said city through which the distributing water
pipes are or may hereafter be laid from which such build-
ing or buildings can be conveniently suf>p!if'd with wat^r,
whether the said owner or owners shall make use of such
water or not ; and said water rates shall be and become a
continuing lien or charge upon all such buildings and the
lot or lots upon which such buildings are situated, if own-
ed by the same person or persons as sucli buiMing or
buildings, and shall be collected in like manner with other
water rates of said city, as provided by the act (^f which
this is an amendment.

6 4. The said commissioners may make ssuh division *^p°" '" .?"'■
or duties among themselves tor each year of tiieu* term as
they shall deem expedient, and shall report, in writing, to
the common council the nature and extent of the duties
assigned to each commissioner; which report shall be
made on the third Monday of May or as soon thereafter as
may be in each year; and the council shall thereupon fix
the salary to be paid to each of said commissioners during
the year next succeeding for the performance of the du-
ties so specially assigned to him, and such salary shall at-
tach to tfie performance of the said respective duties and
not be ci]anged during the year for which it was fixed.

1 85.0. 566

u .P.OW raivey. § 5- The Said commis loners shall have power to bor-
row from time to time, as they and the common council shall
deem expedient, a sum, not exceeding three hundred thou-
sand dollars, upon the credit of said city of Chicago, and
shall have power, by and with the approval of the com-
mon council of said city, to issue bonds pledging the faith
and credit of the said city for the pajment of the prir;ci-
pal and interest of said bonds; which bonds shall be is-
sued under the seal of said board, and shall be signed by
them, and may be made payable at such place and in such
currency as they shall deem expedient, and bearing in-

I'ljviso. terest not exceeding seven per cent, per annum : Provi-

ded^ that the said commissioners shall not sell the said
bonds, whatever rate of interest the same may bear, at a
rate which will net to the said board less than par value

Further proviso, for seven per cent, bonds : Provided, further, that no
bonds shall be issued until the common council sliall have
approved of such issue by a vote of a majority of all the
aldermen by law authorised to be elected : Jiyid provi-
ded, that al! bonds issued by the said board, before they shall

l^roildbymavor ^^ binding upon said city, shall be marked " approved"
by t!ie mayor and clerk of said city, under the seal of said
city, and that such signature and seal shall be conclusive
evidence to the holders of said bonds of the fact of such
approval. It shall be the duty of ttse said commissioners
to keep an accurate register of all bonds and all interest
coupons issued by them, showing the number, date and
amount of each bond and coupon and to whom issued and
where payable; and it shall be the duty of the city clerk
to register the said bonds, when approved as aforesaid, in
the same manner as the other indebtedness of said city is
registered : Provided,further,i\\dii all funds derived from
the sale of the bonds of the sai 1 board or from water rents
or otherwise shall be exclusively used for and appropria-
ted by said board to the objects and purposes specified in
said act of which this is an amendment, nor shall the same
or any part thereof be loaned to or used by the said city
of Chicago.

usmof bonds. § 6. It shall be the duty of the said board, at anytime
when they shall desire to make an issue of bonds for aiy
of the purposes specified in the said act of which this is
an amendment, to make a report to the common council,
setting forth, in detail, the nature and amount of tlie work
proposed to be executed and the amount which will be
required by them for any of the purposes for which said
' board was constituted within a period not exceeding six
months from the date of said report; which report shall
specify, in detail, the amount and nature of the work and
of the different kinds of work proposed to be executed in
said time and the estimated cost of said work and of each

567 1855.

kind of work and the amount of material required to be
purchased and the estimated cost of the same, and the
common council may thereupon approve the issue of the
whole amount of bonds called for, by such report or such
part thereof as the said common council may deem expe-
dient.

fi 7. The said board shall cause to be printed on eacli copy of runst..

i. -i. • J i i • iU A r ^^ printed on

water permit issued to any party using the water a copy oi each watei ptr-
all rules and restrictions regulating the use of the water, ""''
which shall be adopted by them, and they shall further re-
port a copy thereof to the common council, who shall
thereupon pass an ordinance establishing such rules and
regulations and providing penalties for their violation,
which penalties may be inforced in any court having ju-
risdiction of any otFenses against any of the ordinances
of said city. Jn all cases where said rules are not complied
with the said board shall have the right to stop or cut off
the supply of water from any person or person? refusing
or neglecting such compliance.

^ 8. It shall be the duty of the said board to return to "f*'"^° """T^'

J .' _ to cniiinion

the common council as olten as said board shall deem ne- coimdi.
cessary the warrants for the collection of water rents is-
sued by them as provided in the 9th section of the act
of whicli this is an amendment which have been returned
to said board unsatisfied, and shall report to the common
council, at the same time, the building or buildings, lot or
lots to which the amounts specified in such warrants are
respectively chargeable; and the common council shall
thereupon take the same proceedings for the collections
of such amounts as are or may hereafter be provided by
the charter and ordinances of said city for the collection
of the amount due or any warrant for the collection of the
side-walk assessments after such warrant has been return-
ed unsatisfied, and the amount, when so collected, to be
paid over to the said board.

6 9. Whenever the receipts of the said corporation smpius amouM*

c , , .1 ' 111 1 , to be invested.

irom water rents or other sources sha:i accumulate so
that there shall be a surplus amount, to a s!im of not less
than five hundred dollars, not needed for the current ex-
penses of said corporation, it shall be the duty of the com-
missioners to invest the same, first in the payment of the
interest on said bonds as it becomes due or in the purchase
of the outstanding bonds of said company, if they can be
purchased at or below par; if not, then in the purchase of
United States' or state government stocks or upon unin-
cumbered real estate in the county of Cool:, of at least
double the value of the amount loaned, with the approval
of the mayor and committee on finance of the common
council or of a majority of them, such approval to be sig-
nified in writing, under the hand of the said mayor and

1856. 568

Investment to be Committee on finance or a majority of them. Such invest-
name of iiie ment shall be made in tlie name of said corporation, and
•orporation. -^^ such manner as to make the same available for the pay-
ment of the interest and principal of the bonds issued by
them. The semi annual report of said board shall speci-
fy, in full, the nature and amount of the respective secu-
rities in which the said surplus fund is invested.

§ 10. No one or more of said commissioners nor any
of the officers of said board nor any member of the com-
mon/couiicil, during the term for wi>ich they were elected,
shall be interested, directly or indirectly, in any contract
entered into by said board with any other person, nor in
the purchase of any other materials to be used or applied
in or about the uses and purposes contemplated in this
act.
Commissioners § 11, The Said Commissioners or either of them may
ssted yany be removed fr#m office by the judge of the circuit court
«(«itracf. Qj. ti^e judge of tl^e court of common pleas of Cook coun-

ty upon petition, addressed to either of said judges, at any
time, by th^ common council of said city. The said pe-
tition shall be voted by a majority of all the members of
said council, and when presented to such judge shall be
accompanied by specifications of the charges made against
said commissioner or commissioners. No technical form
shall be required for the statement of said charges, so
that the same are stated in such form as to be specific and
intelligible. The judge to whom such petition is addres-
sed, upon presentation of said petition, shall order a copy
thereof to be filed in said court of which he is judge, and
notice of the filing thereof to be issued forthwith, by the
clerk of said court, to said commissioner, and that the same
would be taken up in twenty days after the service of
aamovecovnmis- such notice upon said commissioner. The said judge
sioneis. shall sit as a special commission to try said charges, and

the course of proceeding on such trial shall be governed
by the general rules of proceedure in the trial of misde-
meanors in the courts of this state, excepting tiiat no jury
shall be allowed. Evidence may be given, either orally
or by deposition, as in civil cases, and the said commis-
sioners may each be interrogated, upon oath, touching the
matters contained in said charges; and if it shall appear* to
the satisfaction ol such judges that the said commissioner
or commissioners, charged as aforesaid, have been guilty
of 'malfeasance in office or of any breach of duty, either
of commission or omission, under this act, which shall have
been charged as aforesaid, the said judge shall order the
removal of aay one or more of said commissioners; and if
the said judt;;e shall, for any cause, remove any one or
more of said commi^^sioners from office before the expira-
tion of the term of office the common oomicji shall there-

669 . 1855.

upon appoint a commissioner or commissioners in the
stead of those so removed, who shall fill such office for and
during the unexpired term of the commissioner or com-
missioners so removed.

5 13. In case of disagreement between the commis- ^^ °»»« «' <^'"-
sioners and tlie owners or property which may, in the judg- toproce«d.
ment of the commissioners, be required for any of the pur-
poses specified in this act, as to the amount of compensa-
tion to be paid to such owners, or in case any such owner

shall be an infant, married woman or insane or absent from
the state, or in case of disagreement between the said com-
missioners and any owner or owners of property touching
the amount of damages arising from the construction of any
part of the work authorised by this actor the act of which
this is an amendment, tiie said commissioners shall have
the right to condemn said property or to have the amount
of such damages ascertained or both, and the proceedings
for the condemnation of such property on the ascertain-
ment of such damages or both shall conform, as nearly as may
be, to tliose specified and provided in the act entitled "An
act to amend the law condemning the right of way for pur-
poses of internal improvement," approved June 2d, 1852,
and the act or acts of which the same is an amendment.

6 14. It shall be the duty of the said board of water commissionereto

■'.• . , -^ .. ,, ,, cause connec-

commissioneis to cause such connections to be made be- tionstoi>ein««ie
tween the water pipes and the sewers or drains of said city
as they shall be requested to make by the board of sewer-
age commissioners, and to furnish such amount of water
for the purpose of cleaning out such drains or sewers as
the said board of water comrais'sioners shall deem requi-
site and the said board of water commissioners can con-
veniently supply : Provided^ that such connections shall Proviso.
be mads under the superintendence of the board of water
commissioners, and that said board shall regulate the times
and manner and amount of such supply of water. In case
of disagreement between the two boards in respect to the
matters hereinbefore provided the common council shall
have the right to regulate the manner in which such
connections shall be made and the water supplied for the
purposes herein mentioned.

\^ 15. No account or claim agains* the said board shall
be allowed except by the vote of a majority of the said
board.

§ 16. No member or officer of said board and no mem- offlce™ not »o rs-
ber of the common council shall, either directly or indi- ^ro'r''p°rom.'"'
rectly, receive any interest or profit whatsoever on ac-
count of the deposit of any of the funds belonging to the
said commissioners, nor shall any member or officer of the
said board or any member of the common council, either
directly or indirectly, make use of or borrow any of the

1856. • 570

funds of the said comraipsioners for his own private benefit
Funds to be kept or advantage. The funds of the said commissioners re-
maining on hand shall at all times, until disposed of, be
kept deposited in such place or places of deposit as shall,
by an order of said board, be directed; which order shall
be entered upon the records of the said board; and if either
of said commissioners or any of the officer? of the said
board shall, either directly or indirectly, receive or ap-
propriate for his own use or benefit any of the furds, mo-
ney or property of the said board, or shall, directly or in-
directly, receive or appropriate for his own use or benefit
any of the funds, money or property of the said board, or
xny officer wh« sliall, directlv or indirectly, take, pledge or borrow any of

■hall appropri- ,,'.,/./ .. c \ ' U Ci. U

»te money to the Said tunus Or property lor his own use or beneiit, such
be'guiity of^ em- commissioncr or such officer of said board shall be deemed
bMziement. guilty of embczzlement, and shall be liable to indictment,
and on conviction thereof shall be fined, not exceeding one
thousand dollars, or imprisoned, not exceeding one year, in
the county jail. The said commissioners shall be liable
upoM thei'' bond for the loss of any or all money coming in-
to their possession or control as such commissioners.
Funds to be ^ 17. The fUnds of the said board shall be drawn out
drafts or checks upou chccks or drafts, regularly numbered, and payable to
the order of the respective person or persons for whose
benefit the same are intended and briefly specifying for
what purpose or account the same are drawn. A careful
register of said checks or drafts shall be kept in the office
of s^id board, and the original checks or drafts, when re-
turned to said board; shall be carefully filed and preserved
among the vouchers of the said board, and the said regis-
ter and the said returned checks or drafts shall always be
subject to the examination of the finance or any other com-
mittee appointed by the common council for such purpoj-e;
and it shall be the duty of said finance committee or some
other committee, or of such other person or persons as may
be appointed by the common council for such purpose,
to examine the said register and the cash accounts and
checks and drafts of the said board at least one in three
months, and oftener if the common council shall deem ex-
pedient. •
Engineer to re- R 18. The chief engineer and superintendent in the em-
nouy. ^j^^ ^^ ^^^ ^^.^ board shall reside in the city of Chicago,
and said engineer shall employ no assistant who shall not
hare been first approved by a vote of the said board; and
the said engineer, superintendent or any of his assistants
may at any time be discharged by a vote of the said board.
Kaepbooks. ^ 19. It shall he the duty of the said commissioners to
kepp books of accounts, showing with entire accuracy the
amount of the receipts and expenditures of such board in
such manner as to enable the same to be readily under-
stood and investigated, and also to carefully preserve on

571 1865.

file in their office vouchers for all their expenditures; which
bocks and vouchers shall at all times be open to the ex-
amination of the finance committee of the common council
or any other cominittee, person or persons, appointed by
the common council for such purpose; and it shall be the
dutj of the said finance committee or any special commit-
tee appointed for such purpose, at the time of the presen-
tation of the semi-annual report of the said board to the
council, as herein provided, to make a thorough ex?»mina-
ticn of the books, accounts and vouchers of the said cor-
poration, and to report in writing to the common council
the results of said investigation.

§ 20. The present commissioners shall hold their offices
unless removed for cause in manner hereinbefore provided
to fill their respective places.

§ 21. Sections 10,27 and 28 of the act of which this is Actsrcpeaied.
an amendraei.t and all laws or parts of laws or parts of said
acts which may be in conflict with the provisions of this
act are hereby repealed.

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

Approved Feb. 15, 1855.

AN ACT to incorporate the Chicago Tunnel Comcany. in force Feb. 15,

^ ^ 1856.

Section 1. Be it enacted by the people of the state of
Illinois^ represented in the General Jissemhly^ That "Wil-
liam B. Ogden, George Steel, Henry Farnam, John H. Corporators,
Kenzie, Peter Page, Edward Benling, Edward H. Had-
dock,Walter L. Newberry., John S. Reed, Isaac N. Arnold,
Henr} Smith, George F. Ramsay, Sylvester Lind, Ezra
B. McCagg, A. C. Stuart, William Lill, Philo Carpenter,
George W. Snow and James H. Rees and their associates,
successors and assigns are hereby created a body corpo-
rate and politic, under the name and style of "The Chica- Nauie»n« etyie,
go Tunnel Company," for the term of fifty years, and by
that name be and are hereby made capable in law and equi-
ty to sue and be sued, plead and be impleaded, defend and
be defended in any court of law or equity; make, have and
use a common seal, and the same to renew and alter at
pleasure; and shall be and are hereby vested with all the
powers, privileges and immunities which are anc^ may be
necessary to carry into effect the purposes and objects ot
the act, as hereinafter set forth.

§ 2. The city of Chicago, by its common council, is common coundi

' o ^ %/ "ii to contfflct for

hereby authorised and empowered to contract with the the constrowion
said company for the construction of or for the construe- °^ *™ne'-
tion and maintenance by said company of one or more tun-

1?<55. 572

nels in, under, through or across the Chicago river or ei-
ther of its branches, with or without proper road or other
ways leading to and from the satae, at such place or places
witliin the corporate limits of said city and upon such terms
and conditions as shall or may be agreed upon between
the said company and said city; and full power and autho-
rity is hereby vested in said city to make any and all such
contracts, containing all such covenants and conditions and
stipulations as they may deem proper and fit with said com-
pany for the purposes aforesaid; and said company are
hereby authorised and empowered, (having first obtained
the consent of the common council of said city of Chicago
thereto,) to construct and to maintain, (and for that pur-
pose to build coffer dams or such other erections or ob-
structions as they may deem necessary, not in a manner to
May oouatiuct obstruc<^ navigation, ) one or more tunnels in, under, throucrh

one or more ., ^^, . •' . ... /• •> i i •?%

lanoeis. or across the Chicago river or either or its branches, with

road or other ways leading to and from the same, at such
place or places within the corporate limits of said city of
Chicago and upon such terms as shall at any time be agreed
upon between said company and the common council of
said city; and said company shall have authority to make

GenMfti powers, all such regulations as shall be by them from time to time
deemed needful for the proper use of each and every tun-
nel by them constructed or in process of construction; and
said company shali have authority to fix and establish, de-
mand and ask in advance such rates of toll or other com-
pensation for and from all persons and property using any
tunnel or road or other way to and from any tunnel con-
structed or in process of construction by said company as
shall be agreed upon between said company and said city
of Chicago, and to detain any and all persons or property
using any such tunnel or road or other way until such toll
or other compensation shall be paid, and to sue for and re-

• cover the same as a debt before any court having compe-

tent jurisdiction; and any person or persons in any way in-
juring any tunnel or any road or other way leading to and
from any tunnel constructed or in process of construction
by said company, or obstructing or interfering v/ith the use
of the same, shall be liable to said company for such inju-
ry, inteiference or obstruction, and t!ie amount of any in-
jury or damage done may be recovered by action in any
court having jurisdiction; and the common council of Chi-
cago may establish such penalties for such injuries or ob-
structions as they may think proper, to be recovered in ad-
dition to such damage.

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

million of dollars, divided into twenty thousand shares of
fifty dollars each; and the said company shall be capable
of purchasing and holding any real estate necessary to pro-

&73 1855.

mote the objects of said company and of transferring the
same at pleasure. The said company may borrow suci: i^on-ow moaey.
sum or sums of money at such rates of interest, not exceed-
ing twelve per cent, per annum, and upon such terms as
said company or its board of directors shall authorise and
agree upon and deem necessary or expedient, and may ex-
ecute one or more mortgages on any tunnel or tunnels con-
structed or in process of construction by them or on their
interest in any tunnel or tunnels constructed t)r in process
of construction for the amount or amounts borrowed or
owing by said company upon such terms and in such man-
ner as said company or its board of directors shall deem
expedient; and the said company may issue its bonds, with issue bond*.
or without a mortgage security as aforesaid, for the pur-
pose of raising mone) to be used in carrying out tlie pur-
poses of said company, and may sell ana dispose of said
bonds at par or at such prices above or below their par
value and upon such terms as the board of directors may
deem expedient; and said company may make such provi-
sions in said mortgage or mortgages for pledging and trans-
ferring the tolls ot said tunnel or tunnels in security for any
bonds or sums of money or debts that may be secured by
such mortgage or mortgages as they shall think proper;
and in case of any sale of any tunnel or tunnels construct-
ed or in process of construction by the said Chicago Tun-
nel Company for debt or on foreclosure of mortgage or
otherwise the party or parties acquiring title under any
such sale and their associates, successors or assigns shall
have and acquire thereby and shall exercise and enjoy
thereafter all and the same rights, privileges, grants, tolls,
immunities, franchises, benefits and advantages which are
hereby created, granted to, conferred upon and vested in
the said Chicago Tunnel Company as fully and absolutely
in all respects as the corporators, shareholders, officers and
agents of said Chicago Tunnel Company are hereby au-
thorised to do; and such purchaser or purchasers, their as-
sociates, successors or assigns, upon so acquiring title as
aforesaid, may proceed to oiganize, elect directors, distrib- '
ute and dispose of stock, take the same or another name
and conduct their business generally under it in the man- v

ner herein provided for the Chicago Tunnel Company, with
such variations in manner and form of organization as their
altered circumstances and better convenience may seem to
require, subject, nevertheless, to ail the conditions and pro-
visions of any contract or agreement of tlie said Chicago
Tunnel Company with the city of Chicago for the con-
struction of any tunnel or tuiiueis so sold and for the con-
duct, management and disposition of the same.

§ 4. The government and direction of said company Government.
shall be vested in a board consisting of not less than three

1855. 574

or more than nine directors, as shall be from time to time
determined by shareholders at elections for directors, a

yu.,ium. majority of whom shall always constitute a quorum; and

said board of directors shall appoint, by a majority vote,
one of their number president; may appoint a secretary,
treasurer and such other officers as they deem necessary;
may fill vacancies in any and all offices, and define the du-
ties, terms of office and salary of all officers; and they shall
have power to make and establish and at their pleasure
alter such by-laws, rules and ordinances as they shall denm
necessary to carry into effect the provisions of this act,
providing the same be not repugnant to the constitution
and laws of this state or of the United States; and the pres-
ident and directors of said company or a majority of them
shall have power to call in the capital stock of said com-
pany, or so much thereof as may Siave been actually sub-
scribed in such sums or installments as they may deem best
for the interest of said company. Notice of such calls
shall be given in some newspaper, selected by said board for
that purpose, at least thirty days before the time of payment,
specifying the day of payment, and in case the same shall not
be paid the sum due by reason of any such call on any share
or shares shall be recoverable as a debt in any court having
competentjurisdiction,or the share or so many of the shares
of the delinquent stockholders as shall be necessary to real-
ize the sum due from such stockhoMers may be sold at auc-
tion by order of said board of directors and the proceeds of
said sale or sales applied in payment of the sum due on
said share or shares, or said share or shares and all sums
paid on the same may be by said board of directors forfeit-
ed to said company. The first board of directors of said
company shall consist of nine directors, shall be chosen by
a majority of the stockholders of said company present at
the first meeting of said company after the passage of this

^ act, and shall hold their offices for one year after they are

so chosen or until their successors are chosen. A new
election for directors shall be held annually thereafter, on
such day and at such place as the (then) board of direct-
ors shall appoint — a notice of such election and of the
^ time and place thereof being given in some newspaper pub-

lished in Chicago, at least twenty days before the day of
such election. Each share of stock subscribed for shall
entitle the holdter thereof to one vote, to be cast in person
or by proxy : Provided, all installments called for and due
on said stock shall have been paid.

Shares iieemed X 5 'Yh.e sharcs in Said company shall be deemed per-

personal proper- V ^ iinix'^r 1 ulI

ty. sonal property, and shall be transferred as such; but no

transfer shall be valid until registered in a book, to be kept
by said company for that purpose.

575 1865.

§ 6. Said company shall have the privilege and they iiay take prop-
are hereby authorised and empowered, (iiaviug first ob- "'^'
tained the consent of the mayor and common council of the
city of Chic :go thereto,) to take and use the ends of streets,
alleys, ways and landing places in said city of Chicago,
ending and terminating on said Chicago river and its
brandies, by them deemed necessary for the construction
of such tunnel or tunnels as shall be by them constructed.

§ 7. Said company is hereby authorised, by their agents, surveys.
surveyors and engineers, to cause such examination and
survevs to be made of the bed of tiie Chicago river and of
its brandies and of the lands, streets, alleys, ways and
town lots on either side of said Chicago river and its
branches as shall be necessary to determine the most ad-
vantageous method of constructing such tunnels as shall
or may by them be constructed and the most advantageous
place or places for locating or constructing the same; and
it shall be lawful for said company to enter upon and take
possession of and use all such lands and real estate as may
be necessary for the construction and maintenance and use
of their said tunnel or tunnels, and the road ways leading
to or from the same : Provided^ that all lands and real es- proviso,
tate entered upon and taken possession of and used by said
company for the purposes and accommodations of said tun-
nel and road ways shall be paid for by said company at Real estate taken
such price as may be agreed upon between said company t'Jt.'-i'«'<i'of-
and tiie owners of said land or real estate, and in case of
disagreement the price shall be estimated, fixed and re-
covered in the xnanner provided for taking iandrf for
the construction of public roads, canals or otlier public
works, as prescribed by the act concerning right of way,
approved March third, (3,) 1845; and all real estate
purchased by said company, whether by mutual agreement
or otherwise, or which shall become the property of said
company by operation of law, as in this act provided, shall,
upon the payment of the money belonging to the owners
ot the said lands as a compensation for the same or upon
deposit of the same with the clerk of Cook county circuit
court, become the property of said company in fee simple;
and the state hereby grants to said company the right to
use the ends of all streets and that portion of them adja-
ceni: to the river and all the right, title and interest of the
state in the land adjacent to the river and the bed of the
Chicago river and its branches for the purpose of such
tunnel or tunnels and roads and ways leading to the same.

§ 8. The persons named in the first section of this act OommiBsionerii.
are hereby appointed commissioners, who, or a majority of
whom, are hereby authorised to open subscription books
for said stock at such places and upon such notice as they
may deem proper, and may close said books whenever and

1855. 676

caiimeotiiig. as soon as they deem proper. They shall call a meeting
of the stockholdfcirf oy giving notice of tiie sau.ij in sume
newspaper published in Chicago as soon as they deem a
sufficient nuniber of shares of said stock be taken; and at
such meeting it shall be lawful to elect directors of said
company, to whom said commissioners shall deliver said
subscription books and all sums of money received by them
as commissioners. Said commissioners shall require each
subscriber to pay, at the time of subscribing, such sum per
share on each share subscribed as they shall deem proper:
Provided^ the amount per share shall be alike to each share -
holder or subscriber.

»reo tunnel. § 9- For the purpose of making a free tunnel or tun-

nels of the same the city of Chicago is hereby vested with
and given full power and authority to contract with said
company for and to purchase of said company any tunnel
or tunnels constructed or in process of construction by said
company, with the appurtenances thereto, for such sum or
price and upon such terms and conditions as shall or may
be agreed upon between said city and said company: Fro-
vided, that whenever and as soon as any such tunnel shall
be purchased by said city it shall form, thenceforth, a free
and open tunnel for the use of all persons whatsoevtr, sub-
ject, however, to all the terms and conditions of purchase
and sale as agreed upon between said company and said
city, and also to such needful regulations as shall or may
be prescribed by said city.
, § 10. Tills act to take effect from and after its passage.

Approved Feb. 15, 1855.

In force
1855

Feb. IP, AN ACT auihoriza the drainage of wet lands in townships 41 and 42,
'5. in ratifje 13 ai.d 14 east, and secions 1, 2, 11 and 12 in township 40, of

range 13, and to incorporate liie drainage commissioners for that pur-
pose.

Section I. Be it enacted by the people of the state of
Illinois^ represented in General » Issemhly, That Har-

oorporfttors. vey B. Haed, George M. Hnntoon, James B. Coiven, John
L. Beveridge and John H. Foster, and their successors in
office, be and they are hereby created a body corporate

»*«:• anditjie, and politic, by the name and style of "The Dr-ainage Com-
missioners," and by that name shall have succession; may
contract and be contracted with, sue and be sued, plead
and be impleaded, without a common seal, in all courts of
law and equity in this state, and be fuHy invested with all
the powers which may be needful to carry into effect all
the purposes and objects of this act, ^vhethe^ specified or
not.

577 1855.

§ 2. The said corporation is hereby 'authorised and 3un«y, lay eat
to survey, layout, locate, construct, complete rtit<iie«!,&.».
and alter ditches, embankraentSj culverts, bridges and
roads, and to maintain and keep the same in repair, over,
through and across any land lying in township number
forty-one (41) and forty-two (42) north, of ranges thirteen
(13) and lourteea (14,) and section one, (1,) two, (2,)
eleven (11) and twelve, ( 12, ) of to wnship forty, ( 40, ) range
thirteen (13) east of the third (3) principal meridian, in
Cook county, and under, over or across any public road,
railroad or plank road which now is or may be hereafter-
laid out or constructed in said township, and for such pur-
poses shall have right of way upon, and may appropriate sigh; "« *«»■•
to the uses and purposes contemplated, all the lands, stone,
timber and materials of every kind needful for the loca-
tion, construction and alteration of the said ditches, em-
bankments, culverts, bridges and roads, and for the main-
tenance and repair of the same; and upon filing a plat of
any such road, laid out by said coromissioners, in the office
of the clerk of the county clerk .)f Cook county, certified
by the chairman and secretary of said corporation, the
same shall become a public road and subject to the laws
in force in relation to public roads.

6 3. No road laid out and opened by virtue of the laws noi to alter mad.

<• I • 1 111 • -( • laid out by 8ta»«

ot this state shaL be altered by the said corporation, except except in re rt»iB
when the same shall be deemed necessary by said commis- '^^^'
sioners to enable them the better to construct any work
authorised by this act; and no new road shall be by them
laid out or constructed, except when one or more ditclies
shall by them be deemed necessary for the purpose of
drainage.

§ 4. When the said commissioners shall determine to commissioneMs to
construct any ditcli, road or other work under this act of^h'oaamaBw*
upon any land, unless tiie owner thereof shall voluntarily
convey or release to them the right of way for such ditch,
road or other work, and the right to construct the same up-
on such land, any two or more of said commissioners or their
successors may proceed to make an appraisal of the dam-
age, if any sustained by any and all owners of such land
so appropriated or about to be appropriated; and such ap-
praisal shall include all damages so sustained or to be«us-'
tained, less the benefit, if any, which such owner or own-
ers has derived or will derive from the construction of
any such ditch, embankment, culvert, bridge or road; such
appraisal shall describe the land so taken or about to be how a»9r«ia«4.
taken or appropriated with reasonable certainty, and shall
be filed with the secretary of said incorporation, who shall
cause a notice to be published in some newspaper publish-
ed in Chicago, for five successive days, setting out that a
ditch, road or other work (as the case may be) is about
51 *

1555.

578

A|>peal.

to be or has been (as the case may be) laid out upon the
lands described in said notice, and tfiat an appiaisal of
the damages to said lands on account thereot has been
duly assessed and the appraisement filed in the office of
the secretary of said corporation; which notice shall state
the place where the said Secretary's office may be found
and the time until which an appeal may be taken from
such appraisal.

§ 5. And any owner of land considering himself or
herself aggrieved by such appraisal may appeal there-
from within twenty days after the same shall be filed, as
herein provided and notic6 given as aforesaid to the cir-
cuit or common pleas court of said county, by filing with
the clerk thereof, within said twenty dajs, a copy of said
appraisal, and giving notice of such appeal to the secre-
tary of said commissioners; and for such purpose the said
secretary shall, on request, make and deliver a certified
copy of such appraisal to any person applying for the
same, on the payment of a reasonable fee tiierefor. Such
appeal shall be entered upon tiie common law docket of
the court to which the appeal shall be taken, and the judge
of such court, in term time or in vacation, as he shall elect,
shall hear the parties and such witnesses as may be pro-
duced, and affirm or modify such appraisal, as shall in his

proTiso. opniion be just and equitable : Provided, that no appeal

shall prevent said commissi "iners from proceeding to con-
struct such ditches, roads and other work.-^, alter they
shall have tendered to such party appealing tlie amount of
damage, if any, so awarded by them.

p«rdftinagM. § 6. U said commissioners shall take, appropriate and

use any wood, stone, gravel or other material, as afore-
said, fur the construction of any ditch, road, embankment,
culvert or bridge authorised to be constructed by this act,
they shall be liable to pay the owner ttiereof for the same
its reasonable value at tiie place and in the condition the
same may have been when po taken; and such commission-
ers shall in no case be liable to an action of trespass for.''
taking any such material.

§ 7. The expenses of constructing, altering and main-
taining any such ditch, emDankinents, culverts, bridges
and roads and all expenses incident thereto, together with
all costs incurred on account thereof, shall be assessed
upon the lands benefited thereby; and the said commis-
sioners or any two of them appointed at any regular or
special meeting of said commissioners, shall make an as-
sessment in writing describing the land assessed and set-
ting forth the amount assessed upon each tract separately;
which u-ssessment roll shall De delivered to the secretary
of said commissioners, and shall be open to the inspection
of all persons interested in the lands therein described.

■tpeiif>99,
paid.

579 1855.

§ 8. The secretary of said commissioners shall cause Give notic».
a notice to be pub'ished in some newspaper of general
circulation printed in tl e city of Chicago, for at least two
successive weeks, giving notice that said assessment has
been completed, and that said commis-siontrs will attend
at some convenient place and at a time to be named there-
in,, at least fourteen days from the filing of said roll, for
the purpose of correcti.ig such assessment roll, and that
all persons who may feel themselves aggrieved by the said
assessment may appear and offer any objections tiny may
have thereto; and said commissioners or a majority of
them shall attend pursuant to such notice, and shall hear
all objections that may then and there be made to said as-
sessment or any part thereof, and thereupon they shall
make such corrections in the same as to them shall seem
just and proper; which assessment roll shall be deposited
with the secretary of Sf.id commissioners for collection,
who is hereby duly authorised to collect or cause the
same to be collected.

§ 9. Any owner of land assessed as aforesaid shall ^Thlvo^^jnatic.
have the right to have the justice of such asssessmtnt «' asseBsment
tried by a jurj'', by suing out of any court of record in
Cook county a certiorari^ commanding tl-e said secretary
to certify the proceedings of said commissioners in regard
to such assessment into said court; which writ shall be
granted upon petition of such owner under oath, setting
out the grounds of such petition and filing abend with the
clerk of the court from which writ shall emanate, with ''®*"'"'^'"'''^*»*'
security, conditioned for the payment of all costs that may
accrue on account thereof, provided the said assessment
shall not be vacated; and the jury on the trial of such
case may find for the amount of such assessment in favor
of such commissioners, or reduce or enlarge the sum, as
to them shall seem most just, and a judgment shall be en-
tered accordingly; and such assessment roll shall be so
altered as to conform in amount of assessment to the amount
found to be justly assessed against such lands; no such
certiorari i'\\zS\.\i^ granted as herein provided unless the
same shall be sued out within twenty days after the assess-
ment roll has been delivered into the hands of the secre-
tary of said commissioner? for collection.

§ 10. All assessments made in pursuance of this act '^'^i^^nr*^ tie
shall be a lien upon the lands upon w^hicli they are made, '^•'''•
from the time of making the same till the same are paid,
or the said lands discharged therefrom according to law;
and in case of neglect or refusal on the part of the owner
or owners of any such land to pay the assessment made
thereon, for the space of one month after the assessment
roll ill which such assessments are made, d^!livered to
the said secretary to collect, the said drainage commis-

1855. 580

toringsait, sionci's may at tlicir opHon either sue the owner or owners

of any tract or tracts of land so assessed in an action of
debt before any justice of tiie peace in the county where
such owner or owners may be found, who is hereby vested
with jurisdicticji of such suits — in which suits only joint
, owners of any such land sliall be joined in the same suit;

and said commissioners may recover against such owner
or owners the amount of all or any assessments made upon
the' lands of such defendant under tliis act and costs of
suit; and such proceedings shall be liad thereon as in other
cases in action of debt before justices of the peace. On

A.sseissment roll tlic trial ot such suit it shall be sufficient for said commis-

10 be evidence. . ... . -, ,, , ., i • i

sioners to give m evidence the assessment ro.l on which
such assessment is made, or they may proceed against the
lands so assessed whereon such assessments sh&li not have
been paid or judgment obtained as above provided, in
renif in the follov/ing manner, to-wit: They sliall cause a
notice to be published in some newspaper of general cir-
culation published in the county of Cook, at least once in
each week four weeks successively; which notice shall
contain a list of the lands upon which assessments remain
unpaid and they sb.all desire to have judgment, the names
of the owners, if known, the amount of the assessment
upon each tract, and set forth that on some day to be
named in such notice, which shall be subsequent to the
expiration of the said four weeks, that they will apply by
petition to the judge cf the county court of Cook county
for a judgment in favor of the drainage commissioners
against the said lands for the amount of the assessment
thereon with interest and costs.

. .Ki^ment, how § ll. The Said commissioners may, pursuant to such
notice, file in the office of the county court of Cook coun-
ty, at least five days before the day mentioned in the said
advertisement of their intended application for judgment,

ruepetition. a pctilJon to the judge of said court, which petition shall
contain a list of the lands upon which they shall desire
judgment and on which assessments renr-ain unpaid, the
names of the owners, if known, the amount of assessment
on each piece of land therein mentioned, together with a
copy of the proceedings of the said commissioners per-
taining to the making of such assessment, so far as the
same may relate to the lands mentioned in such petition,
and a copy of *\\e notice required by this act to be given,
which- petition shall be undei: oath and shall be taken as
■prima facie evidence of the matters therein set forth.

jBdge of county A 12. The iudge of the county court of Cook county
nrisdiction. IS hereby given jurisdiction m all such applications on
the part of ''-the drainage commissioners," and is vested
with full power and authority, either in term time or in vaca-
tion, to take cognizance of any such petition or petitions

5.S1 1855.

and to render judgment thereon; and unless it shall appear
on the hearing thereof that the lands mentioned in such
petition or petitions are not chargeable with such assess-
ment the judge of said court shall proceed to render t^) rentier jimg-

• 1 , . 1 .... • c c Aii_ 1 • meiit in ravox of

judgment on said petition m lavor oi "the drainage com- drsinape eom-
missioners" against each piece or parcel of land mention- "^'^^siuiiers.
ed in said petition, (except such pieces as shall apj'ear to
have been fully paid upon,) for the amount of such assess-
ment and interest thereon from the time the same became
payable to the day of rendering judgment, togetlier with all
costs that may have accrued thereon and costs of suit;
which judgment shall be evidence of the correctness of
all proceedings in relation to said assessment up to and
including said judgment; and said judge shall cause to be
issued an order for the sale of said lands for tiie satisfac-
tion of cuch judgment, directed to tlie sheriff of Cook
county, which writ sliail be made returnable in forty days
from the test thereof.

§ 13. The said sheriff shall proceed to fix a day where- ^^'^^lllZ'i*^
on he will sell the lands mentioned in such v;rit, which
shall not be in less than ten days from the date thereof,
and sliall give notice of such sale by publishing a jreneral
notice thereof in some newspaper published in tlie city
of Chicago, by at least two insertions of such notice in
such paper; and upon the day mentioned in sucii notice
the said sheriff shall proceed to offer tlie said lands for
sale at public auction, and shall sell the same to the
highest bidder at such sale. The said sheriff may for
any cauee adjourn or post})one tlie said sale fromtirae
to time to any day not subsequent to the return daj^ Kay aUjcnm sau
of such writ. No lands shall be sold by said sheriff on
such writ for less than the judgment and costs thereoM;
and in case any of such lands shall remain unsold at the
close of such sale tiie sheriff may sell the same to "the
drainage commissioners" for the amount of such judg-
ment and costs, provided they shall so desire; and tiie
said commissioners are hereby authorised to take, hold,
transfer and sell any such lands and the certificates and
deeds therefor 'he same as any other purcliaser.

§14. The sheriff shall make out and deliver to the Gi^e^^erti^catiN
purchaser or purchasers of any lands sold as above a cer-
tificate of purchase, describing the land sold to such pur-
chaser, as near as may be, the amount for which the same
was sold, and shall within five days after such sale pay Pay over moneys
over to the drainage commissioners all moneys received
by him on such sale except his own costs and the costs of
the court; which latter sliall be paid to the proper officer
to whgm they belong on return of such writ, and shall
make a full return upon the said writ in what manner he
executed the same; and on the return of such writ the
clerk of Cook county shall enter such sales in the books

1856. 582

of said ollice kept for the purpose of recording tax sales
for state and county taxesj which entry shall be made in
the same manner as in the case of sales of lands for state
and county taxes.

Owners ra«y § 15. Nothing herein contained shall be so construed

"shpriff^"'^'^' as to prevent the owner of any lands about to be sold
from making payment to the sheriff of any amount due on
such land and having the same released from such exe-
cution, if such payment shall be made before the day of
sale.

Miyba redeemed § 16. Lands sold Under the provisions of this act may
be redeemed from such sale within six months by the pay-
ment of the amount for which the same was sold, and all
costs and subsequent taxes paid and twentj-ftve per cent,
added, and in one year by tne like payment and fifty per
cent, added, and in two years by tiie like payment and
one hundred per cent, added, and paying the costs of such
redemption; such redemption may be made by payment
as aforesaid to the clerk of Cook county, upon the same
conditions and in the same manner as is provided by law
for redemption from sales of land sold for state and coun-
ty taxes; and if no redemption of said lands shall be made
as provided by this act the sheriff of Cook county giving
such certifieates or his successor in otxice shall, after the
expiration of two years from the date of such sale, make,
execute and deliver a deed or deeds of said lands to the
purchaser or purchasers thereof respectively or his or
their assign or assigns, upon the return of such certificate
or certificates of purchase; which said deed or deeds shall
vest in the grantor or grantors therein mentioned, his or
their assigns forever, the fee simple title of the land there-
in granted, and shall have the same force and effect and be
subject to the same law as other deeds given by sheriffs as
far as the same may be applicable.

>><'-^- § 17. The fees of the clerk of said court and of the

sheriff and other officers of the said court shall be the
same for all services rendered under tfie provisions in this
act as are now allowed by law for similar services in other
cases.

Way wake ns.v § 18. The Said commissioncrs are hereby authorised
"""""*"'' to make any one or more new assessment or assessments
upon the same or other lands, to pay any deficiency upon
any former assessment and for repairs upon any work done
under this act or for the laying out, locating, constructing
any other ditch or ditches, embankments, culverts, bridges
and roads, and for other necessary purposes connected
witli tlie draining of the lands mentioned in this act, which
assessment shall be made in the same manner and subject
to the same proceedings and provisions as are herein be-
fore set fortii.

susessment.

583 1855.

§ 19. The said commissioners may meet from time to By-uvs.
time as they shall determine; may make by-laws and reg-
ulations tor their own government, not inconsistent liere-
with; may at their option elect and remove a cliairman
and secretary, and do all things necessary to carry out
the objects of this act; and may establish tiie rate of fees
or compensation of their secretary and all persons render-
ing service to them, except as is herein provided, and ex-
cepting for tlieir own compensation as such commission-
ers, which sliall be one dollar and fifty cents per day for
each and every day they shall be actually employed.

§ 20. Any three of said commissioners meeting togeth- Quorum.
er at any regularly appointed meeting shall constitute a
quorum to do business.

§ 'il. The secretary of said commissioners shall duly Keepreccro.
keep and preserve all the records of the proceedings of
said commissioners and all reports of surveys and assess-
ments, and all other papers connected with or pertaining
to tlie office of said commissioners; which records, assess-
ment rolls and other papers are hereby declared to be pub-
lic records and open to the inspection of all persons, at
proper hours, and notice to all persons of the contents
thereof.

§ 22. Any person who shall directly or indirectly de- Penalty.
signedly obstruct, break down, tear up or injure any ditch,
bridge, embankment, culvert, road or other work of said
commissio'ners, shall be liable to a fine of not less than
three or more than one hundred dollars, and the cost of
repairs of the ditch, bridge, embankment, culvert, road or
other work so injured, obstructed, broke down or torn up,
whic'i may bo recovered in an action of debt before any
justice of the peace in the county where such person may
be found, in the name of the said commissioners.

§ 23. Said commissioners shall have power to borrow Borrow moner.
money from time to time for the purpose of carrying on
and completing the work authorised to be done by this act,
until assessments can be collected to pay the same. All the
fees and expenses of said coinmissioners incurred in and
about the execution of the powers and duties herein pro-
vided shall be considered as part of the necessary expen-
ses of the works herein mentioned.

§ 24. If any of the said commissioners shall at any Maybsr^movM
time refuse or neglect to act with his fellow^s in said cor-
poration or shall remove out of Cook county, such person
may be removed from said board by the judge of the coun-
ty cou.rt of Cook county, on petition, and the said judge
may till any vacancy that may occur in said board; and all
the provisions of this act shall apply to the successors of
said commissioners the same as to those mentioned herein-

1855. 584

§ 25, The provision in sections 27, 28, 29, of chapter
xc, of the Revised Statutes, shall apply to this act, so far
as the same may be applicable.

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

Approved Feb. 15, 1855,

ki f^oe Feb. 13, AN ACT to incorporate certain persons therein named, for religious pur-
1855. poses.

Section 1. Be it enactedhy the peojile of the state oj llh-
nois, represented in the General Jissemhlij ^ That Abraham

ihrporttors. Kohn, Jacob Fuller, Jacob Rosenbery, Joseph Liebenstein,
Uernhard Sondiieim, Lippman Fish and Abraham Rubel
and their successors in office and such other persons as
are now or iiereafter maybe associated with them for that
purpose, are hereby constituted a body corporate, by the

wamis »na style, name and style of "Kehilath Anshe Mayrib," in the city of
Chicago, and by that name and style shall have perpetual
succession and a common seal.

•enerei powers § 2. That Said corpofation shall have power to acquire

«o(i objects. Jand for the uses of a synagogue, a parsonage, a sciiool
house and a burial place; and may erect all necessary
buildings and enclosures thereon; may make and ordain
such constitution, by-laws and regulations for their gov-
ernment as they may deem necessary, not inconsistent
with the constitution and laws of tliis state or of the Uni-
ted State-"; and such constitution and by-laws shall be
binding and obligatory upon all the members of said soci-
ety or association, and may be enforced against them :
Provided^ that the value of the land acquired under the
authority of this act shall not exceed one hundred thou-
sand dollars, in the aggregate.

i**"''- § 3. The said corporation shall also possess all the pow-

ers and'shall be subject to all the liabilities and restric-
tions contained and prescribed in division three, title "Re-
ligious Societies," of chapter twenty-five, of the Revised
Statutes, which are not inconsistent with the provisions of
this act.

'^bilidrnL'*"* *" ^* § '*' '^^^^t ^^J engagements and obligations undertaken
or assumed by the officers of said corporation, in conformi-
ty with the constitution, by-laws and regulations tiiereof,
shall be binding and obligatory upon all the members of
said corporation who shall unite therewith by signing the

585 1855.

constitution of said society or corporation until such obli-
gations or undertakings have been satisfied; and no per-
son can withdraw therefrom until he shall have paid his
assessments or dues, as fixed by the constitution and by-
laws and regulations of said society or corporation.

§ 5. This act shall take effect upon its passage, but
may be altered, amended or repealed by the legislative as-
nembly.

Approved Feb. 12, 1855.

AN ACT to amend the act incorporating Eureka CoUefe.

Section 1. Be it enacted hy the people of the state of
Illinois, represented in the General Jlssembly, That so
much of section eight as entitles thte trustees to draw their
proportion of the township, school, college and seminary
funds, to be distributed, in proportion, for such scholars as
live in the township where such college is located, be and ^•p«*'**-
the same is hereby repealed.

§ 2. The trustees of said college shall be entitled to
draw their proportion of the township, school, college and
seminary funds for each scholar residing in the district and
adjoining district where such college is located and attend-
ing school therein.

§ 3. That the word "tract," in section (13) thirteen, of
the act to whieii tliis is an amendment, be amended so as
to read "tracts."

Approved Feb. 9, 1855.

AN ACT to amaLii an act antitUd "An a«t to amend th« chartor of McDo- j^ ^^^^^ jeb. 14,
nough College," approved January 23d, 1851. 189».

Section 1. Be it enacted by the people of the state of
Illinois^ represented in the General Jissembly, Tiiat the
act entitled "An act to amend the charter of McDonough
College," be so amended that the trustees of said college
shall be divided into five classes, whose term of service
shall be arranged in such a manner that one class shall go
out of oiiice in each succeeding year at the time of the reg-

1855.

586

ular annual meeting of the Synod of Illinois of the Presby-
terian Church of the United States of America, and as such
vacancies shall ocf iir ll^ey shall be filled by appointment
of said synod, at said time of meeting.

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

Approved Feb. 14, 1855.

Corporators.

AN ACT to inrorporato a beneyolent institution in th» city of Chicago,
Cooli county, uuder the r.ame of St. Jaiues' Hospita'.

Section 1. Be if enacted hy the people of the state of
IHinois^ representtd in the General ^^ssemhli;. That Rob-
ert H. Clarkson, George W. Dole,ThcodoreF. Phillips,Wil-
liam B. Ogden and Walter L. Newbury, John C. Dodge, C
Rollin Larrabee, Edwin H. S!ieldon and their successors
shall be and they are hereby constituted a corporation and
body politic, by the name of "The Trustees of the St. Jamea
Hospital," and by that name sliall have perpetual succes-
Gaoerai power*, sion, and may sue and be sued, implead and be impleaded,
and may purchase and hold property, whether acquired by
purchase, gift or devise, and whether real and personal or
mixed; and may make and have a corporate seal, and shall
have all other rights belonging to similar corporations.

§ 2. ,/ind he it enacted, That the object of said associa-
tion is hereby declared to be the providing of medical and
surgical aid and nursing of the sick and disabled and such
other purposes incidental and kindred to those abovemen-
tioned as the hoard of trustees may prescribe.

§ 3. ^ind be if enacted, That the entire management of
the affairs and concerns of the said corporation and hospi-
tal and all tlie corporate powers herein granted sliall be
and are hereby vested in the persons named in tlie first
section of this act.

^ 4. Be it enacted. That the majority of the trustees
shall have power from time to time to enact by-laws for
the regulation and management of the affairs and concerns
of the said corporation and hospital, and to fill vacancies
in the board occasioned by death, resignation, removal from
the state and otkerwise.

Approved Feb. 14, 1855.

Ot^ooc.

MaoagAment.

By-laws.

587 1856.

AN ACT to incorporate th« Danville Coal Mining Company. In force Feb. n.

Section 1. Be it enacted hy ihe f,eople/ of ihe ^fnie oj
Allinnis, represtenterJ in the General trfs^temhly^Thi^^ Ward
H. Lamon, Eliud Turner, John W. Finnell and EHas R. corporator-
Smith, their associates, successors and assigns, he and they
are hereby constituted a body corporate and politic, by the
na-ne and style of "The Danville"Coal Mining Company," if^^e"^ •»"••
for the terra of fifty years, with power to contract and be •mer.ipoweri.
contracted with, sue and be sued in that name in all courts
and places; to have a common seal; to engage in the mi-
ning of coal, iron, salt and other minerals and in the man-
ufacture of and sale of salt, iron, lime and other mineral
products of the lands now owned or hereafter to be owned
by them, not exceeding five thousand acres, and in the
transportation of the same or any of them to home and for-
eign markets; to hold their meetings within or without the
state, and to have all powers needful for the successful
prosecution of their business and for the execution cf the
powers herein granted.

§ 2. That the said Ward H. Lamon, Ehud Turner, ^««dent.
John W. Finnell and Elias R. Smith shall have power to
organize said company by the appointment of a president
and such other officers or managers as they may deem ne-
cessary; and when thus organized they and their succes-
sors shall have power to make such by-laws, rule? and By-!*w».
regulations as tliey may deem necessary from time to time
for the government and management of the said company,
not inconsistent with the constitution and laws of this state
or of the United States.

§ 3. The capital stock of the said company shall be ®»?-'*i »*<»'^''-
four hundred thousand dollars, with power to increase the
same to any sum, not exceeding two millions of dollars.

^ 4. The president and other officers or managers shal! '^"^ "
issue certificates of stock to the holders thereof, which cer-
tificates sliall be assignable or transferable only in such
manner and at such places as the president and other offi-
cers or managers shall by their by-laws prescribe.

§ 5. That the said company may buy, build and own B^ii"! »«>»»••
boats for carrying on their business, and may dispose of
their property or any portion of it by sale or otherwise.
They may receive real estate in payment of sucli part of ° '**
the subscription as they may deem advisable, and shall have
the right to hold, either by purchase or otherwise, such
real estate, mining rights and rights of way as m.ay be ne-
cessary for the successful prosecution of their business,
and the same or any part thereof to sell or otherwise dis-
pose of as the interests of the company may require.

§ 6. That it shall be lawful for the president and man- «•"•• »<'"•'•
tgers of said company from time to time to borrow or ob-

1855. 588

tain on loans such sums of money and on such terms as they
mtiy deem expedient for the use of said company, and to
pk^lge or mortgage all or any part of tlie estates, improve-
ments, privileges, effects and assets whatsoever of the said
company for the repayment of such sums of money so bor-
rowed at such times as may be agreed upon.

§ 7. That nothing herein contained shall be so con-
strued as to confer any .banking privileges upon this com-
pany.

§ 8. That this act shall not be so construed as to in-
fringe or interfere with any of the rights or privileges of
any other incorporated coal mining company in this state;
that this act shall take effect and be in force from and af-
ter its passage.

Approved Feb. 14, 1855.

ITute.

AW ACT to incorporate th« Pbilom«thi, of Abingdon, Illinois.

Section 1. Be it enacted by the people of the. state of
Illinois^ represented in General ^^ssemhli/. That M. F.
Button, C. C. Button, A. J. Thompson, Wm. Griffin, S.

•orjMJTfttors. Q Humphreys, P. H. Humphreys, Jame'* E. Callaway,
G. A, Marshall, William D. Stewart, J. M. Moore, O.
F. Price, C. E. Price, J. M. Martin, B. A. Bonham, A.
M. Bonham, W. W. Smith, students of Abingdon College,
Abingdon, Knox county, Illinois, and such other persons
as are now and may from time to time become members of
said society, be and they are h<^reby declared and consti-
tuted a body corporate and politic, by the name of " The
Philomathi," and by that name shall have perpetual suc-

•mm-u »ow«r». cession, 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; to have
a common seal, and to alter the same at pleasure; to make
a constitution and such by-laws, not repugnant to the con-
stitution and laws of this state or of the United States, as
shall from time to time be necessary; to annex to th«
breach thereof such penalty, by fine, dismission or expulsion
as they may deem fit; and to purchase, take, receive, hold
and enjoy, to them and their successors, any furniture, li-
brary, &c.; to sell and dispose of the same at pleasure :

pr.Tiio. Provided, the value of said property does not exceed ten

thousand dollars.

589 1856.

§ 2. Jind he it further enacted,, hy the authority ajore-
saidy Tthat said society shall have power to elect and qual-
ify such officers as they may deem necessary, who shall
iiold their offices according to the constitiition and by-laws
of the society. ''

APPROVED Feb. 6, 1856.

AN ACT to extend a ferry charter Uiereiii named. m fwc* Fsii. %,

' 1855.

WflEREAi by an act entitled "An act to establish a ferry Preamble
ticross the Illinois river, at Peru," approved February
24':ii, 1841, a charter was granted to Freeman Mills to
run a ferry across the Illinois river, opposite to the Nin- ^

<iwa addition to the town of Peru, for and during tue term
of fifteen years; and whereas said Freeman Mills has
assigned said ferry charter to one Ettoine Boileau, who
has been running said ferry for the last few years, to the
great satisfaction of the people interested; therefore,
Section 1. Be it enacted, by the peojjle of the state of
lUinnis^ represented in the General %/lssemhly. That all
the rights and privileges granted to said Freeman Mills in '^'g''* «xt9n6»<i.
tiie aDove recited act be and they hereby are extended
and granted to said Ettoine Boileau, for tlie term of twen-
ty years, subject to all the conditi-ons and restrictions con-
tained in said act: Provided, this act shall in no way proTtso.
conflict with the power of said city, of Peru to regulate
ferries in said city.

§ 2. This act to take effect from and after its pas-
sage.

Approved Feb. 9, 1855.

AN ACT to iocorporate th« Kici.roonn Lodga, No. 143, of Free ami Ac- In force Feb. U,
cepteil Masons. \^6.

Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly, That all
such persons as are or may hereafter become and shall so
remain members of Richmond Lodge, No. 143, of Free Rioiimondiodje.
and Accepted Masons, at the village of Richmond, Mc-

1855.

690

JTame and itjle.

Objects.

^-taws.

Henry couijtj, Illinois, from and after the passage of thi«
act, siidll be aiid Ujc) are hereby constituted a body cor-
porate and politic, by the name and style of " Riclimond
Ljodge, Mo. 143, of i^'ree and Accepted Masons," and by
that name they and their successors shall have succession,
and shall inlaw be capable of suing and being sued, plead-
ing and being impleaded, answering and bemg answered
unto, ui all courts of law and equity whatsoever, and by that
name and style be capable of purchasing and receiving, by
gift or otherwise, holding and conveying real estate, for the
beueht of said lodge : Provided^ that said corporation
shall not at any one time hold property to an amount ex-
ceeding ten tiiousand dollars

§ i5. For the purpose of carrying into effect the ob-
jects of this act the three highest officers of said lodge
shall always be and are hereby appointed trustees, to hold
their ollices as such in saiJ lodge, as appointed by said
lodge, and qualified from time to time.

§ 3. The said corporation shall liave power to make
such by-laws and regulations as may be deemed necessary
lor the governmeat of their concerns and for tiie purchase
and transfer of real estate, not inconsistent with the con-
stitution or laws of this slate.

§ 4. A certihcate under the seal of said corporation
that the said lodge has been duly organised, recorded in
the othce of the clerk of the circuit court, shall be evi-
dence of the existence and organization of said lodge.

§ 5. This act to take elfect and be in force from and
after its passage.

Approved i^'eb. 14, 1855.

to force Feb. 15,
1855.

AN ACT to incerporaU th« Pontuc Coal Company.

Section 1. Be. it enacted by the people of the state of
Illinois, represented in the General Jissemhly ^ That Hen-
ry Perkins, Kersey H. Fell and Jesse W. Fell and their
a«rp(»»t»i«t. associates or a majority of them, be and ihey are hereby
constituted a body corporate and politic, by the name and
Hume and style, stjlc of " The Poutiac Coal Company," for the term of
•«9r»i powers. Ulty ycars, vsrith power in that name to contract acd be
contracted with, sue and be sued; to have a common seal,
and to alter the same at pleasure, and generally to do all
such acts as are ordinarily exerci.sed by bodies corpo-
rate of a similar character, to the end and for the purpo-

691 1855.

ses of engaging in the mining of coal, upon any lands
owned by said K. H. and J- W. Fell, situated in Living-
ston county, of this state, within one mile of t!ie Chicago
and Mis^iissippi Railroad; and ior this purpose said compa-
ny shall have power to appoint such orficers and make
such by-laws and regulations in the management of the
company as ma}' be necessary and proper; to acquire and
hold any amount cJt". lands, not exceeding one tiiousand
acres, including lands for depot buildings and mining pur-
poses, together with such personal estate as may be ne-
cessary in the prosecution of said business.

§ 2. The capital stock of said company shall not be c«pita) Bioek,
less tiian v'25,000, which may be increased at the pleasure
of tie company to any amount, not exceeding ^100,000.
In the subscription and payment of stock said company
shall have the power to take such real and personal pro- Power t« take i**!
perty and at such prices as said company think proper, ai^ propeny"*"
within the limits herein prescibed; and if such subscrip-
tions of stock, whether in cash or otherwise, are not paid
within ninety days of the time stipulated the company
shall liave the power to declare the same forfeited, inriu-
ding any payment that may have been previously made.

§ 3. Said company shall have the power to construct, si«BtrackB.
on any lands to them belonging, a branch or side track to
the Cnicago and Mississippi Railroad, for the purpose of
connecting the mines of said Company with said rail-
road, and to operate the same : Provided, however, the
length thereof shall not exceed two miles. This act to
take effect from and after its passage.

Approved Feb. 15, 1855.

AN ACT to incorporate tli« Belle»illt Fire Ctmpanj. In force Pek. l«,

1856.

Section 1. Be it enacted b}j the j^^ople of the state of
Il/i/iois, represented in the General */lssembli/, That John
Klug, William Earhardt, Philip Huff, William. Heimberger
and Peter Wilding, of the city of Belleville, in St. Clair c»rpwatwt.
county, in this state, and such other persons as may asso-
ciate with them, be and they are hereby constituted a bo-
dy politic and corporate, by the name and style of " The NMM«nd stjH.
Belleville Fire Company," and by that name shall have
succession, and shall be competent to contract and be
contracted with, sue and be sued, plead and be impleaded,
answer and be anwered unto in all courts of law and equi-
ty in this state. They may have and use a common seal,
and alter, amend or renew the same at pleasure.

l«65.

592

KMi asUtc •

9f-t«iwt.

Objeote.

§ 2. Said company shall have power to purchase
and hold such real estate and personal propei'ty as may be
deemed necessary for the transaction of its business, and
power to erect, maintain and keep in repair all necessary
buildings and fire apparatus as may be necessary for the
successful prosecution of the business for which said com-
pany are organized. ^

§ 3. Tile said company shall have power to make all
necessary rules, regulations and by-laws for the regula-
tion of the business of ^aid company, and for that purpose
may organize and elect such olnceror officers for the pur-
pose of carrying out tlie provisions of this act.

§ 4. The objects of this act are hereby declared to be
the establishment of a fire insuranc ? company and nothing
else, with a capital of one hundred thousand dollars, to
be divided into shares of fifty dollars each, and to go into
effect when twenty thousand dollars shall have been sub-
scribed and one thousand dollars shall have been paid in
or secured to the satisfaction of the directors, and to ex-
ist for the term of thirty years.

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

Approved Feb. 15, 1855.

la force Feb. 14,
1866.

OoT.'oratorf!.

6»neral pow^Ts.

A]N ACT to incorporate the Winnebngo Swamp Driinege Company.

Section 1, Be it enacted by the people of the state of
Illinois, represented in the General tdssembly, That Moses
H. Head, James M. Allan, John Bryant, Silas Noble,
Winfield S. Wilkinson and their associates and successors
be and they are hereby constituted a body corporate
and politic, by the name of " The Winnebago Swamp
Drainage Company," and with power to contract and be
contracted with, sue and be sued in that name in all court!
and places; they may have a common seal, and alter the
same at pleasure; thej shall have power to organize said
company by the appointment of a president .^nd such oth-
er officers as they may deem expedient, at such time and
place and upon such notice as they may think proper to
give for\hat purpose; and when organized they and their
successors shall have power to pass such by-laws and
make such rules and regulations for the government of the
conpany and the management of its affairs and business
and the promotion of its interests as they may deem con-
ducive to the welfare of the company, not inconsistent
wit'i* the laws of the United States and of this state.

593 1855.

§ 2. For tfie purpose of draining and reclaiming and objects.
rendering healthful all or any part or portion of that coun-
try lying, situfjte and being in the counties of Lee, Bureau,
Whiteside aiid Henry, in the state of Illinois, commonly
known as the "Winnebago Swamps," including ail those
tracts or parts of tracts of land in the counties aforesaid,
the waters of which empty into Green river, and within
the limits described, said company are hereby empowered,
within ttie boundaries aforesaid, to dig canals, ditches,
sluices and outlets for standing waters in lakes, ponds,
sloughs, creeks and marshes; to turn the channels or beds
of lakes, ponds, sloughs, creeks and rivers, and to remove
all obstructions in the same; to raise embankments, levees
or dykes, wherever they shall deem advisable, and alter
and vary the same at pleasure.

§ 3. Whenever it shall be necessary to take private "ay take prwftu
property for the use of the corporation in executing the
general purposes of the corporation said company shall
make a iust compensation therefor to the person whose M"':'-' Just con>-
property or materials may be wanted ana taken; and in
case the amount of value and damages and compensation
therefor cannot be agreed upon by the parties in interest
the same shall be determined, valued, condemned and paid
for or taken by virtue of, under and according to the pro-
visions of the 92d section of Revised Statutes, as far as
the same is applicable, in relation to the right of way; Rightof way.
and when said value or damages are assessed and paid
or tendered according to the provisions of said act the
lands or materials therein described shall become and are
vested in said company for the uses and purposes of said
drainage company; and when lands are in question a copy
of the report of commissioners under the act of right of
way, as aforesaid, shall be filed witli and recorded by the commissioner's
recorder of deeds in the county where the lands in ques- for record.** "^'^^
tion are situated, a certified copy of which shall be evi-
jdencein all courts and places, as shall also the by-laws,
I rules and regulations and acts of said company, duly cer-
jtified by the proper ofiicer of said company, under the
I seal of said company.

j § 4. The said company may fix the amount of their Capital stock.
! capital stock, and increase the same from time to time :
Provided, said capital and stock shall not exceed the sum
of two hundred thousand dollars. It may be divided into Deemed personal
shares, which shall be deemed personal property, and ^'^""^'^'^ •
transferable in the manner provided for by the laws.

§ 5. The counties of Lee, Bureau, Whitesides and csnam coumien
Henry are hereby authorised and empowered to negotiate »egouate^forth'e
with said company for the purpose of draining, reclaim- p^^p^^^ of •!■■»'"-
ing and rendering healthful the aforesaid swamp lands,
eitlier by payments in money or by appropriating all or
52

1855.

694

straighten chan-
nel of river.

Poiialty.

By-lawg.

Acts repealed.

any portion of said swamp lands, in such time and man-
ner as they may deem best calculated to promote the in-
terests of their respective counties; and the county courts
or board of supervisors, as the case may be, of said coun-
ties shall have power and are hereby required to appoint
an agent or agents with full powers to contract with said
company, and to do and perform any and all acts neces-
sary to carry out the provisions of this act.

§ 6. This company are hereby authorised and empow-
ered to straighten the channel of Green river and remove
obstructions in the same the entire length of said stream,
in such manner as they may deem best adapted to the
draining and reclaiming said swamp lands, and borrow
money and issue bonds upon such terms and in such form
as they may deem expedient, and may mortgage its corpo-
rate rights and real estate, in the same manner as natural
persons, for the security of iheir creditors.

§ 7. Any person who shall willfully or maliciously
commit any damage or do any injury to the work or pro-
perty of said company shall forfeit and pay to said compa-
ny a sum equal to three times the amount of such damage
or injury, recoverable, by action of debt, before any court
having jurisdiction, or may be indicted, and upon convic-
tion thereof may l»e imprisoned or fined, in the discretion
of the court before which such conviction is had.

§ 8. Said company may, by its by-laws, fix and regu-
late the number of its directors and other officers and
agents and the terms of office, the manner of appointing
the same and also their duties and compensation, and also
all other matters and things proper and necessary to car-
ry out the intent and purposes of this act; and to this end
they may acquire and hold such real and personal proper-
ty as they may deem necessary for that purpose.

§ 9 All acts and parts of acts heretofore passed and
now in force in relation to swamp lands, in so far as they
relate to the Winnebago swamps and swamp lands, the
waters of which empty into Green river within the coun-
ties aforesaid, as conflict with the provisions of this act,
are hereby repealed.

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

Approved Feb. 14, 1855.

595 1865.

AN ACT to incorporate the Freeport Hotel Company.

Section 1. Be it enacted by the people of the state of
lUinois, represented in the General Assembly, That all such
persons as shall hereafter become subscribers to the stock
hereafter described shall be and they are hereby consti-
tuted and declared a body corporate and politic, by the
name and style of "The Freeport Hotel Company" from Name and sty !<>...
and after the passage of this act, and by that name they
and their successors shall have succession, and shall in General powers.
law be capable of suing and being sued, plead and be im-
pleaded in all courts and places whatever; may have a
common seal and alter the same at pleasure; and their suc-
cessors may also, by that name and style, be capable in
law of purchasing, holding and conveying away real and
personal estate for the benefit of said company.

§ 2. The said company hereby incorporated sliall have Brect. bote).
power to erect a hotel in the town of Freeport, Illinois,
and to use such powers and privileges in the erection and
management of said hotel, not inconsistent with the laws
of this state, as may be conducive to the interests of said
company.

§ 3. D. A. Knowlton, John A. Clark, John K. Brews- coHimissjonwg.
ter, E. H. Hyde and W. D. Fisher, of the town of Free-
port, Illinois, are hereby appointed commissioners to ob-
tain subscriptions, after giving ten (10) days' notice in
some newspaper in said town; may open books for the Opeu books.
subscription of said stock at such times an i places as they
may direct, and require ot every subscriber at the time
of subscribing to pay said commissioners ten dollars
for each share subscribed; and when such subscription
shall amount to the sum of five thousand dollars said com-
missioners shall call a meeting of said stockholders, at
Freeport, after giving notice to each stockholder.

§ 4. At said meeting the stockholders of said compa- siectdireetors.
ny shall proceed to elect five directors, who shall manage,
direct and govern the afFstirs of said company one year
from the period of this election and until their successors
are elected and qualified; and at every election each
stockholder shall be entitled to one vote for each share he
may hold, and a majority of all the votes given shall be
required to make an election. The period of election of
directors as aforesaid shall be iield annually on the first ^blidalinuLn ''*
Monday of the month in whicii the first election shall be
held, unless changed by a vote of the stockholders at an
annual meeting or otherwise provided for or changed by
the by-laws of the company.

§ 5. Within ten days after the directors are chosen how meeting-
as aforesaid they shall hola a meeting, at which and at all
subsequent meetings of said board a majority of the direc-

1855. 596

tors shall constitute a quorum; and they shall proceed to
President. tlie clection of a president from their own body; a secre-

tary, who sh«ll be sworn by some justice of the peace to
the faithful discharge of his duty, and who siiall record all
votes of the corporation in a book kept by him for that
purpose; who shall give bond, to such an amount and in
such manner as said president and directors shall direct;
and the board shall appoint all other officers and agents
as to them shall seera necessary.
}',>wcr L. call § 6. The corporation shall have power to call s ich
^ubSed!*'"'* portion of the stock subscribed every sixty days as they
think proper, to be paid at such time and place as they
may designate, by giving thirty days' notice to each stock-
holder, in writing, or publishing the same in some news-
papt r in said town, in which shall be specified the amount
required on each share and the time and place of payment;
and if any stockholder shall neglect or refuse to pay sucis
call within ten days after the time named for such pay-
ment the corporation may bring suit against any delin-
quent lor the amoui.t due and called for in any court of
competent jurisdiction, and recover the same, with two
per cent, interest per month; and if t'le amount cannot be
made on execution or if said delinquent is out of the state
then the corporation may, by an order on their books, de-
clare such stock forfeited to the company, with whatever
amount may have been paid thereon; and such delinquent
shall forfeit all his rights as a stockholder.
By-iawt. § 7. The said president and directors shall have pow-

er to make out and establish all such by-laws, rules and
regulations as sliall be necessary, at d not inconsistent
with the laws of the state, which may be necessary for the
payment or collection of the subscription t this stock or
the transfer of tiie same and of property that may in any
other way concern the management and direction of the
affairs of said company,
conrt mar .order § 8. If any miuoi' shall be intf?rested in any real estate
»r*mmo« seid*! which Said board may wish to purchase and the guardian
of such minor or minors shall deem it to be to the inter-
est of their wards to have such property invested in said
stock, by application to the circuit court of the proper
county the court may decree the sale of such real estate
and direct the guardian to invest the proceeds in the
stock of said company.

§ 9. This act shall be construed favorably in all courts,
and shall be in force until a majority of the stockholder*
may vote for a dissolution.
Approved Feb. 14, 1855,

597 1855.

AN ACT to establish a ferry across the Mississippi river at Cape-au-Grey

Rock.

Section 1. , Be it enacted by the peojyie of the state of
f/Zmois, represented in the General t^ssembly, That George
W. Sampson is hereby authorised to establish a ferry E^taMit?! swry.
across the Mississippi river, at Cape-au-Grey Rock, Cal-
houn county, on any land belonging to said Sampson, to
the opposite side of the riv^er, to the state of Missouri,
and to charge rates of ferriage heretofore allowed on said
ferrv.

§"2. Said Sampson, his heirs and assigns, shall have ^,Xnkmente7
the right to make all tlie necessary embankments and oth-
er improvements that he or they may deem necessary to
ensure the safety and convenience of persons and proper-
ty crossing said ferr}'; which improvements may be erected
on any public road leading to said ferry or upon the lands
of said Sampson, upon which no road may pass; and with
the same object the said Sampsoji may make new roads
and repair the present road leading to and from said fer-
ry; and the said Sampson shall pay upon such ferry such
taxes as may be fixed by the county court of Calhoun.

§ 3. Be it Jurther enacted^ That sections three, four, Benefit of cert, li-?
five, eight, nine, eleven, twelve and sixteen of chapter
forty-two, of the Revised Statutes of eighteen hundred
and forty-five, in relation to toll bridges and ferries, are
here referred to and made part of this act, so far as said
sections are applicable to ferries. This act is declared to
be a public act, and shall take effect and be in force sixtj
days after its passage.

Approved Feb. 14, 1855„

AN ACT to establish a feny across the Kasksskm river. fei forte Feb. i.=v

Section 1. Be it enacted by the people oj the State of
IllinoiSf represented in the General Assembly, That James
W. Hughes and John E. Bolsha, of the county of Saint Keepfev^T
Clair, are hereby authorised and empowered to keep a
ferry across the Kaskaskia river, at town of Athens, in
the county of Saint Clair, and state of Illinois, for and
during tlje term of ten years.

5 2. The county court of the county of Saint Clair Coumv c.,uri t<-

•> , . 1^1 1 II i .1 i- -J 'ollect tax.

are hereby empowered to levy and collect a tax Irom said
ferry., not exceeding in amount the tax usually levied and

1856.

598

collected for other ferries similarly situated, and to fix
and alter the rate of ferriage as to them shall appear to be
right and proper.

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

Approved Feb. 15, 1856,

AN ACT to establish a ferry across the Illinois river at Columbiana,

Section 1 . Be it enacted by the peop/e of the state of I/li-
7iois^ represented in the General t/issemhly, That S'ephen

zstQbiish ferry. Farrow is hereby authorised to establish a ferry across
the Illinois river, at Columbiana, or on the opposite side
of the river to said town of Columbiana, on any land be-
longing to said Farrow, in the county of Calhoun, to the
opposite side of the river, in the county of Greene, and to
charge rates of ferriage heretofore allowed on said ferry.

seaorai powers. § ^' ^^^^ Farrow, his heirs and assigns, shall have the
right to make all the necessary embankments and other
improvements that he or they may deem necessary to en-
sure the safety and convenience of persons and property
crossing said ferry; which improvements may be erected
in any public road leading to said river or upon land be-
longing to said Farrow, upon which no road may pass,
and with the same object the said Farrow may make new
roads leacing to and from the said ferry; and the said Far-
row shall pay upon such ferry such taxes as may be fixed by
the county court of the county of Calhoun, which maybe
paid in labor en the road leading to said ferry.

Certain sections § 3. Be itJurthcT enacted, That sections three, four,

appiiTalbfer'"^''^^ ^^''^'> ^'g^i^j nine, eleven, twelve and sixteen, of chapter
forty-two, of the Revised Statutes of eighteen hundred and
forty-five, in relation to toll bridges and ferriet, and here
referred to and made part of this act, so far as sfid sec-
tions are applicable to ferries. This act declared to be
a ])ublic act, and to be in force sixty days after its pas-
sage.

Approved Feb. 15, 1855.

599 1856.

AX ACT to authorise Thomas rulliam and his associates to build a bridfje In force Feb. 14,
and establish a ferry across the Kaskaskia river, at Fayetteville, in the '^^•

couiitj of St. Clair.

Section 1. Be it enacted by the people of the state of
Illinois^ representedin the General JiHsembly^ That Thom-
as Pulliam, John Griffin, William Griffin and Thomas J.
Pulliam, their heirs and assigns, shall have full power and
authority to build, construct and maintain a bridge over construct tricig?.
and across the Kaskaskia river, at the town of Fayette-
ville, in St. Clair county, and may charge, have and re-
ceive any rate of tolls for crossing the same which may
now or hereafter be fixed by the county court of St. Clair
county.

§ 2. That the said bridge shall be so constructed and Not interfere
built as not to interfere with the free navigation of the gaiion.
Kaskaskia river; and the said parties so authorised to
build such bridge shall have the exclusive privilege of
building and maintaining the same across the said Kas-
kaskia river, for one mile above and below the point at
which said bridge maybe built, for twenty years after the
building of the same : Pi'ovided, the said bridge shall be
built within five years from the passage of this act.

§ 3. The parties authorised to build tlie said bridge are Maintaini-erry.
hereby authorised and empowered to have, keep and main-
tain a ferry across the Kaskaskia river, at the said town
01 Fayetteville, and shall be reqtiired to have and keep
sufficient boats to do all the crossing required to be done
at said point; which said ferry privilege shall be for ten Time ot f«rry
years from the passage of this act; and the rates of toll ^^^^^
lor crossing at said ferry shall be fixed and established by
the county court of St. Clair county : Provided^ that no Proviso.
license shall be granted to any other parties to keep a fer-
ry at said point during said term of ten years, unless the
parties hereby authorised to keep said ferry or their heirs
or assigns shall fail to accommodate the public in crossing
said river : %/ind provided, that the provisions of this act shall Further previso.
not be so construed as to conflict with the provisions of
an act authorising James H. Knight, Conrad Benner, Mi-
chael Funk, Joel McGuire and their associates to build a
floating bridge across the Kaskaskia river, at Favetteville,
in St. Clair county.

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

Approved Feb. 14, 1855.

1855.

600

i(i force Fe'j. IT, AN ACT entitled "An act to incorpora'e the Hilltboro BDildine; Associa-
'2^5. ,ion." ^

Cor) ■iralors.

Siftifral powers.

Capital Stock.

Section 1. Be it enacted hy the people of the state oj
Illinois, represented in the General Assembly, That David
B. Jackson, Joseph T. Eccles, McKinsiey Turner, Robert
W. Davis, George Burnap and Israel Seward and their
successors are hereby declared to be a body corporate and
Name and ityie. politic, bj the name and style of "The Hillsboro Building
Association," and by that name may sue and be sued, plead
and be impleaded of all courts in this state; and that said
corporation shall have perpetual succession, and may have
and use a common sea), and alter and change the same at
pleasure; and they and their successors may also, by that
name and style, be capable in law of purchasing, holding
and conveying any real and personal estate for the use and
purposes of said corporation, which real estate shall not
exceed ten acres of ground, whereupon they may erect such
building or buildings as tliey may choose, and may rent and
lease said buildings and do all and e\'ery thing necessary
to keep said buildings in repair, and sue for lents.

§ 2. The capital stock of said corporation shall consist
of five thousand dollars, and shall be divided into two hun-
'shares'"'^^^ '° ^^^^ ^"^ forty shares, of twenty dollars each; and the said
incorporators or a majority of thoin are hereby authorised
to appoint three commissioners of their own number to re-
ceive subscriptions for said stock; and such subscriptions
shall be re'^eived at such manner and time and place as
said commissioners or a majority may think proper. Ev-
ery subscriber shall pay, at the time of subscribing, to said
commissioners, one dollar on each share he or she may
subscribe, and the remainder at such times and sums as
he or she may be required by said company.
Elect officers. ^ 3. ^^5 soon as fifty shares shall be subscribed the said

commissioners shall give notice of at least three days to
each subscriber of the time and place for the subscribers
or stockholders to meet and elect a treasurer, clerk and
five directors. Every stockholder shall be entitled, at such
and all other elections, to one vote for each share. The
said commissioners or such of them as may attend shall be
inspectors of such election, and their certificates of the
names of persons elected shall be conclusive evidence of
■Kme ofeiectun. their election. The first Monday in tiie month in which
said election shall be held shall be the annual day of all
subsequent elections of such officers. A majority of the
officers 50 chosen shall be a quorum, and shall be capable
of transacting tlie business of said corporation.

§ 4. *The said directors, so elected, shall immediately
proceed to elect one of their number president; and the
said president and director* may meet from time to time,

■lactpvt'^tdent*

601 1855.

and shall have power to establish all such rules and by-
laws as shall be necessary and not inconsistent with the
constitution and laws of this state, and shall have the en-
tire direction of the affairs of said compar\y.

§ 5. Upon each subscriber paying his subscription he certificates of
shall receive certificate of stock, which shall be transfer- ^J^i^' ^'*°*"'"
able, and invest the transferee with all the rights of an ori-
ginal subscriber of stock.

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

Approved Feb. 15, 1855.

AN ACT to incorporate the St. Louis and Illinois Bridge Company. in force Feb. 16,

1865.

Section 1. Be it enacted by the people of the state oj
Illinois, represented in the General Jissembly, That John
Howe, James H. Luca-, John O'Fallon, Samuel Gaty, An-
drew Christy, Josiah Dent, S. J. Smith, D A. January and corporators.
William M, Morrison, of the city of St. Louis; and Joel A.
Matteson, Curtiss Blake man, James L. D. Morrison, Wil-
liam S. Wait, Vital Jarrett, Samuel B. Chandler, William
N. Wickliff, William C. Kinney, John M. Palmer, John D.
Arnold, Gusttvus Koerner and Josepii Gillespie, of the state
of Illinois, and such other persons as may associate with
them for the purposes of this act, are hereby constituted a
body corporate and politic, under the name and style of
"The St. Louis and Illinois Bridge Company," for the pur- style.
pose of constructing a bridge, with the necessary fixtures, General powori.
toll houses and other buildings, for the passage of persons
and propel ty over the Mississippi river, at or near as may
be to the city of St. Louis; and said company, by their cor-
porate name, shall be capable in law of taking, holding and
using, selling, pledging, conveying and disposing of estate
and property, whether real, personal or mixed, so far as
the same may be necessary or proper for the purposes here-
in mentioned; may iiave common seal, which they may al-
ter and renew at pleasure; and in their corporate name
may sue and be sued, plead and be impleaded, defend and
be defended against; contract and be contracted with; may
make such by-laws, rules and regulations, appoint such
officers, agents and servants, and generally do all such acts
and things, not inconsistent with tlie laws and constitution
of this state and of the United States, which may be requi-
site or proper for the due execution and management of
the work herein or hereby contemplated to be performed.

l«65. 602

Corporate powers ^ 2. Al! the eorporate powers of said company sliall be
vested in and exercised by a board of directors, and by
.such other officers, agents and servants as they may ap-
- point. Said board shall consist of not less than five nor

more than thirteen directors, who shall be elected annual-
ly by a majority in interest of the stockliolders in said com-
pany present and voting in person or ])y proxy, 'at such
time and place as may be prescribed in the by-laws of the
company, and shall fill all vacancies in their body, and hold
their offices until their successors are elected and quali-
fied; but until such election can be made the corporators
abovenamed shall constitute the board of directors, with
power to fill vacancies, and any five of whom shall be a
quorum, and may at any time after the passage of this act
cause books to be opened for subscriptions to the capital
stock of said company at sucii times and places and ac-
cording to such conditions and regulations and under the
supervision of such persons as they may direct.

xiapitai atock. ^ 3^ 'p^g Capital stock of said compai^y shall be three

millions of dollars, which shall be divided into thirty thou-
sand shares, of one hundred dollars each; and wlienever
five hundred thousand dollars of said stock shall be sub-
scribed it shall be tiie duty ot said board of directors to
call a meeting of the stockholders for the purpose of elect-
ing directors, at such time and place as they may see fit,
of which thirty days' notice shall be given through two
newspapers, one of which shall be published in the city of
St. Louis.

'^I'iblstmat^rra"! § ^- ^he bridge hereby authorised sliall be built of the
best materials used for such purposes, with sufficient ca-
pacity for double tracks for wagons and railroad cars, and
for two foot paths, each four feet wide; and over that por-
tion of the Mississippi river which is navigable for steam-
boats it shall be placed at such an elevation that its bot-
tom or lowest part shall be at least eighty- six feet above
the greatest height reached by said river in the flood of
1844. Said bridge, when so erected, shall not obstruct or
in any degree impair the free navigation of said Mississippi
river for any raft, ship, steamboat or other water craft, and
shall be properly lighted, attended and managed, so as to
afford safe and easy passage for all persons and property.

^^Mted^iu*" ''- § ^' '^'^^ property of said bridge, with its appurtenan-
yany. CBS, shall be vcstcd in said company, their successors and

assigns, forever; and said company may demand and re-
ceive, as a condition precedent to the passage of any per-
son or property over the same, tolls, not to exceed the rate
of tolls for ferriage now received by the Wiggins Ferry
Company.

§ 6. In case the bridge company cannot obtain, by volun-
tary relinquishment and on what they deem equitable terms,

603 1855.

such lands or real estate as may be required for the pro-
per construction, use and management of said bridge, it
shall be lawful for said company to acquire the same in
manner and form as provided in the act entitled "An act
to amend the law condemning the righi of way for purpo-
ses of internal improvement," approved June 22, 1862.

§ 7. This act shall be considered a public act in all
courts of law and equity in this state, and shall be in force
from and after its passage.

Approved Feb. 15, 1855.

AN ACT to extend a ferry privilege granted in an act auttiorising David In force Feb. t8,

Anderson to keep a ferry across Kaskaskia river.

1855.

Section 1. Be it enacted by the people of the state of
Illinois^ represented in the General Assembly^ That an act
authorising David Anderson to keep a ferry across Kas- Keepferry.
kaskia river, at the town of Athens, in St. Clair county,
approved February 20th, A. D. 1845, be and the same is
hereby extended for the term often years.

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

Approved Feb. 15, 1855,

AN ACT to vacate a certain town plat therein named. In force Feb. IS:

1866.

Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly^ That the
town plat of the town of Franklin, in the county of Pike,
and state of Illinois, be and the same is hereby vacated,
and the tract or tracts of land upon which the said town is
situated shall hereafter be assessed and taxed as other
lands : Provided^ nothing in this act contained shall be so
construed as to affect tlie title of persons owning property
in said town.

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

Approved Feb. 13, 1855.

1855.

604

Keep ferry.

Baundary.

Report to county
clerk.

In force Feb. Uy AN ACT to establish a ferry across the Mississippi river, in Randolph
1856. county.

Section 1. Be it enacted hyjhe people of the state of
ilHnois, represented in the General Assembly, That "Wil-
liam Henry, his heirs and assigns, and such person or per-
sons as he may associate with liim, be and they are hereby
authorised and empowered to maintain and keep a ferry
for and during the term of fifty years from the passage of
this act, across the Mississippi river, from (he most eligi-
ble and suitable point on the eastern bank of the Missis-
sippi river, in the county of Randolph, on the fractional
townships six south and range eight and nine west of the
third principal meridian, to the opposite side of the river,
to where the road leading from the city of St. Genevieve,
in the state of Missouri, terminates, at Little Rock Janding,
on the western bank of the Mississippi river, with the priv-
ileges to the said William Henry, his heirs and assigns and
associates, if any he should have, of landing their boats and
other water crafts for the transportation of persons and
property across said river at such point as they may select
on said eastern bank of the river.

§ 2. The said William Henry, his lieirs and assigns and
his associates,if any he should have, afterhaving selected and
located their said place of landing, sliall report the same,
in writing, to the county court of Randolph county, after
which no license shall hereafter be granted during said
term to any other person or persons or body corporate to
keep or run a fei ry and land at said landing or within three
miles above or below.

§ 3. That said William Henry, his heirs and assigns, as
well as his as'^ociates, if any he should have, shall keep at
all tim.es a good and sufficient ferry boat, with such other
boats as may be necessary, for the speedy and safe trans-
portation (»f passengers, teams, horses, cattle and other an-
imals, as well as goods and effects; and said boat or boats
shall be managed either by men or with horses or steam
power, at the option of said William Henry and associates,
if any he should have, and shall charge and receive such
rates of ferriage as may be allowed by the county court of
said county of Randolph.

§ 4. The said William Henry and his associates, if any
he should have, shall pay into the treasury of said county
of Randolph such amount of taxes as may be imposed
upon said ferry by the county court of said Randolph coun-
ty, not exceeding ten dollars; and in the management and
regulation of the aforesaid lerry shall be governed by the
act to establish ferries and toll bridges, approved March
3d, A. D. 1845.

Keep boats.

605 1855.

§ 5. 'i he said William Henry, his heirs or assigns, shall Entitled to bene-
be entitled to all the benefits of the forty-second chapter
of the Revised Statutes in regard to ferries and toll bridg-
es; and should any person or persons or body corporate
hereatter licensed or without license run and land a ferry
at the landing selected and located by the said William
Henry they shall be subject to and incur the penalties and
forfeitures given in said 42d chapter, which may be recov-
ered by the said William Henry as therein provided.

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

Approved Feb, 14, 1855.

AN ACT to authorise Green P. Garner to keep a ferry acioss Cache river, lu force Feb, is,
at Unity, Alexander county, Illinois. '^^*-

Section 1. Be it enacted hy the people of the state oj
Illinois, represented in the General Jisstmbly, That Green
P. Garner, his heirs and assigns, shall have the right and Establish hrry,
they are hereby authorised to establisii and keep a ferry,
for the term oi' ten years from (he passage of this act across
Cache river, at Unity, in Alexander and Pulaski counties.

§ 2. The said Green P. Garner shall at all times keep Boats.
good and sulficient boats for the speedy passage and safe
transportation of passengers, teams, horses, cattle and oth-
er animals, as well as goods and effects belonging to pas-
sengers, and shall furnish such boats with men of sufficient
ikill and strength to manage them, and shall charge and
receive such rates of ferriage as may be allowed him an-
nually by the county courts of Alexander county and Pu-
lasi.i county. k

§ 3. Said Green P. Garner, his heirs and assigns, shall ^f^l^^'^^ p""-
have the exclusive privilege of ferrying at said place of
Unity, across said Cache river, and for one-half mile each
way, up and down said river, from the landing of his said
ferry, unless the said Garner, his heirs or assigns, shall fail
to comply with the provisions of this act: then and in that
case all rights and privileges acquired herein shall be for-
feited; and the power to modify, alter or repeal this char-
ter whenever the public good may require [isj reserved;
said ferry to be taxed annually, as the county courts of Al-
exander and Pulaski counties may direct.

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

Approved Feb. 15, 1855.

1855.

606

: force Feb. 15,
1855.

Aineiidment.

Term af yeara.

AN A.CT to amend an act entitled "An act to estaMi-~h a ferry across the
Mississippi river, at the town of Dallas City," approved Feb 11th, 1853.

Section 1. Be it enacted by the people of the state of
Illinois, represented in the General *S.ssemhly, That the
provisions of the act entitled "An act to establish a ferry
across the Mississippi river, at tlie town of Dallas City,"
approved on the eleventh day of February, A. D. 185-3, be
and the same is hereby so amended as to allow the said
William H. Rollison, his heirs and assigns, the term of two
years from and after the passage of this act to supply said
ferry with the boats provided for in said act.

§ 2. The said William H. Rollison, hi^ heirs and assigns,
shall be entitled to ail the rights and privileges granted in
the first section of the act of which tiiis an amendment for
the term of ten years from and after the passage of this
act.

This act to take effect from and after its passage.

Approved Feb. 15, 1855.

In force Feb. 14,
1855.

BBtablisli ferry.

Boimaary.

Keep luffiolent
boats.

AN ACT to establish a certain ferry in Pike county.

Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly, That Ozias
M. Hatch and Henry T. Mudd, their heirs and assigns, be
anl they are hereby authorised to establish and maintain a
ferry across the Mississippi river, at section seventeen,
(17,) in township four (4) south, of range eight (8) west
of the fourth principal meridian, \\\ the county of Pike, and
state of Illinois, and to land upon and run the same from
any land owned by them or either of them in said section
or which'toay be acquired by them hereafter or upon any
state or county road or public highway on said section or
which may hereafter be established thereon or upon any land
owned or which may hereafter be owned by any person or
corporation on said section : Provided, they shall first ac-
quire the consent of such person or corporation in writing;
and they shall have the exclusive right to ferry across said
river from said section, and within two miles above and
below said section, on said river, for the term of thirty
years.

§ 2. Said Hatch and Mudd, Iheir heirs and assigns,
shall, within a reasonable time after the passage of this act,
erect and keep at the said ferry a good and sufficient boat
or boats, worked by horses or steam power, for the safe and
speedy transportation of all passengers, their horses, cat-
tle and other animals, as well as their goods and effects;

607 1855.

and said boat or boats shall at all times be furnished with
persons of suitable strength and skill to manage the same.

§ 3. Said Hatch and Mud J may receive such tolls for ^oiib.
the transportation of passengers and their property across
said river as now is or hereafter maybe established bylaw
for like services.

§ 4. Nothing in this act contained shall be so construed Not to affect auy
as to affect any subsisting: and unforfeited riorhts which ^"'^f'^/'^s un-

, •' . o a forfeited rigbtg.

may have been acquired by any person or persons under
an act entitled "An act to establish a ferry on the Missis-
sippi river, in Pike county," approved February 27, 1841;
and for the purpose of determining whether any rights,
privileges or franchises, which may be claimed under and
by virtue ot said act, have or have not been forfeited to
the state, said Hatch and Mudd are hereby authorised and
empowered to commence and prosecute a suit in chance-
ry, in their own names, in the Pike circuit^court; and up-
on a final hearing of said cause said court shall determine
said question ia such manner as is provided for by the pro-
visions of said act.

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

Approved Feb. 14, 1856,

AN A.CT to incorporate the Grand DeTour Bridge Compai.y. in foTce Feb 14,

Corpcratorf.

Name aud stylf.

Section 1. Be it enacted by the people uf the state of
Illinois^ represented in the General Assembly, That Leon-
ard Andrews, J. W. D. Gushing and Solon Cumins and their
associates, heirs and assigns, be and they are hereby con-
stituted and declared a body corporate and politic, by the
name and style of "The Grand DeTour Bridge Company,'
for the purpose of erecting and maintaining a bridge across
the Rock river, at Grand DeTour, in Ogle county, and by General power..
that name and style are hereby made as capable in law as
natural persons, to contract and be contracted with, sue
and be sued, to plead and be impleaded in all courts of law
and equity; to make and use a common seal, to alter or
amend the same at pleasure, and generally to do and exe-
cute all acts, matters and things which a body corporate
or politic or an individual could or may lawfully do ; and
the said company shall in law be capable of purchasing,
holding and conveying any estate, real or personal, that
[may be necessary to enable said company to accomplish
[the object of this corporation as above expressed; and the
stock of said company shall be deemed and co.isidered per-
sonal property.

1855, 608

Capital stoock, § 2. The capital stock of said company shall be ten
thousand dollars, but may be increased to twenty thousand
dollars, should the directors of said company deem such
increase necessary for the purpose of erecting and main-
taining said bridge; and said capital stock shall be divided
into shares of twenty- five dollars each; and the said Leon-
ard Andrews, J. W. D. Gushing and Solon Cumins are
hereby authorized and empowered to open or cause to be
opened the books for subscription at such time and place
as they may deem proper.
^wiaarer^"^""^' § ^' Whenever three amount of the thousand dollars of
the capital stock of said company sliall have been sub-
scribed, said Andrews, Gushing and Cumins may call a
meeting of the stockholders at Grand D'Tour, aforesaid, by
posting up written or printed notices of the time and place
of holding such meeting at Grand DeTour, in three public
places at least ten days before the time of holding such
meetings, for the purpose of choosing three directors of said
company.
Choose a pr^*^'- § 4. At the time of such meeting the stocktiolders shall
choose a president and secretary from among their number,
and shall then elect by a ballot three of their members as
Tfirectors. dircctors, who shall hold their offices for one year and until

their successors shall be chosen; and at all elections for
directors each stockholder shall be entitled to one vote for
each and every share of stock owned by such stockholders,
which may be cast by such stockholder in person or by
proxy duly authorized; and an election for three directors
shall be holden annually after the first election on the first
Monday of the month in which the first election under this
act shall be held.
"choose 'a res'- § ^' Said direclors when chosen shall choose one of
iient. their number pre^dent, and they shall have power to

choose a secretary and treasurer and all such other offi-
cers, agents and laborors as they may deem necessary and
proper, and to prescribe all necessary by laws, rules and
regulations for the government of said company and its offi-
cers and agents, which shall not be inconsistent with the
constitution and laws of the United States or of this state.
To commence § 6. Said companv shall commence said bridge within

bridge within ^ j ^ i\ ^i •4.V.- i- c

»wo years. two ycars and complete the same withm tour years trom
the passage of this act, and may focate the same upon and
from any of the public streets of said town of Grand DeTour,
or any public road to the opposite bank of the rock river,
and may use so much of such street or public road as shall
be necessary for the building said bridge and making a
good and sufficient passage to and from the same; and also
said company is authorised and empowered to obtain the
kightofw*)'. right of way at and from either end of said bridge to any
public road or roads necessary for the use of said bridge,

609 1856.

either by purchase or in manner prescribed by law for
obtaining the right of way for public roads, canals, rail-
roads or other public works.

§ 7. Said company is hereby authorised and empowered, toii st&u.
after the completion ot said bridge, to place a toll gate
and toll house at either or both ends of said bridge, so as
not to obstruct the passage to and from the same, and to
demand and receive for passing over the same, the follow-
ing rates of toil, viz : for each two horses wagon, carriage Ratf-sofion
or other vehicle, drawn by two horses or other animals,
twenty- five cents, and for each additional animal in such
team, live cents, and for an additional wagon attached there-
to, five cents ; for each one horse wagon, carriage or
other vehicle, drawn by one horse or other animal, fifteen
cents; for each horse or other animal and rider, ten cents;
for each head of horses, mules, asses or cattle, under and
to the number of twenty, not driven in a team or teams,
three cents, and for all over tv/enty, two cents for each ;
for each head of swine or sheep, one cent: Provided, said
company may double the above rates of toil after nine
o'clock in the evening and before day light in the morn-

§ 8. Said company shall at all times after the comple- xoueepbridge jn
tion of said bridge, keep tiie same in good order and repair, ^'^'"' '^^p"'''-
with a safe and convenient passage to and from the same,
unless the same shall be carried away or injured by high
water or other casualty, and then the same shall be speed-
ily rebuilt or repaired, and shall allow a speedy passage
over the same daring the continuance of this act, which
shall be fifty years.

§ 9. If any person or persons shall willfully do or cause penalty for dam-
to be done any injury to said bridge or its abutments, *'?"'^''*"^-
piers, appurtenances or the passage or passages to or from
the same, such person or persons so offending shall be
liable to pay to said company not less than twice the
amount of such injury, to be recovered by said corporation,
with costs of suit, in an action of trespass in any court
having competent jurisdiction thereof, or by indictment in
the circuit court in the name of the people of the state of
Illinois, and on conviction, under indictment, such person
or persons shall also be liable to imprisonment not exceed-
ing three months and to pay the costs of prosecution.

§ 10. Any person or persons crossing said bridge with
any beast or animal faster than a walk, shall forfeit and
pay to said company five dollars for each offence, which
may be recovered in an action of debt before any justice
of the peace or other officer having jurisdiction thereof,
provided said company shall keep up at each end of the
bridge in some conspicuous place notice to that effect in
large letters.

^ 53

1856. 610

Power to borrow § H. Said Company shall have power to borrow money,
not exceeding one half of the amount of their capital stock,
for the purpose of building said bridge or keeping the same
in repair, and may mortgage said bridge and its tolls for
that purpose and for no other purpose.

Bstaijiisiiaferry. ^ 12. Said Company are hereby authorised and em-
powered to establish and maintain a ferry across said Rock
riv^er, at or near the place of building said bridge, during
the building of said bridge, and whenever it shall be neces-
sary to rebuild or repair the same under the provisions of
this act, and to demand and receive the same rates of toll
for crossing the same as are prescribed in section seven of
this act.

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

Approved Feb. 15, 1855.

m tarce Feb. 15, AN ACT to establish a ferry across the Illinois river.

1855. "^

Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly, That Wil-
wuere located. jjajQ ]\j Davenport, his heirs and assigns, be and is hereby
authorised to establish and keep a ferry across the Illinois
river, at any point on south (2) half of fractional section
(33,) thirty- three, (29) twenty- nine north, (3) three west,
and southeast fractional of section ( 15, ) fifteen, (11) elev-
en north, (9) nine east, at or near tiie mouth of Crow creek,
in Marshall county, and a point opposite, in Peoria coun-
ty, during the period of thirty years from the passage of
this act.
K«ep good boats. § 2. The Said William Davenport shall at all times keep
good and sufficient boats for the speedy passage and safe
transportation of passengers, teams, horses, cattle and oth-
er animals, as well as goods and effects, belonging to pas-
sengers, and shall furnish said boats with men of sufficient
skill and strength to manage them, and shall charge and
receive such rates of ferriage as are allowed to other fer-
ries upon the Illinois river.

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

Approved Feb. 15, 1865.

611 1856.

AN ACT to incorporate the Illinois and Wisconsin Mln'ng; and Manufactu- in 'orce Feb. is,
ring Compaijy; 1855.

Section 1. Be it enacted by the people of the slate of
Illmois, represented in the General Assembly^ That Or-
ville N. Adams, Henry King, H. C. Longecker and K. T. corporatorn.
Adams and their associates, surcessors and assigns be and
they are hereby created a body politic and corporate, and
by the name and style of "The Illinois and Wisconsin Mi- Name and stjie.
ning and Manufacturing Company," and by that name and
style shall have perpetual succession, and shall be capable
of suing and being sued, of pleading and being impleaded, powe**.
answering and being answered unto in all courts of law and
equity whatever; to have and use a common seal, and alter
the same at pleasure; to establish and alter or change any
by-laws for the government of said company; to purchase,
hold and dispose of real estate, leases, mines, mineral
and coal lands and personal property, of what kind soever;
to mine, smelt, work, manufacture and vend said minerals
and products thereof; to create, dispose of and issue such
dumber of shares of the stock of said company, at the rep-
resentative par value thereof, as may be ordered by a vote
of said company; to determine the par value of shares, and
have the right to pay in stock of the corporation for such
mining rights and interest in real estate as it may be deem-
ed necessary to purchase for the prudent operation of the
works of the company; and generally to have, enjoy and
exercise all rights and privileges incident to corpoiations
for such purposes.

§ 2. That whenever said company shall become pos- organization.
sessed of mines or mineral leases situated in this state or
elsewhere, a separate and distinct interest of each mine or
lease may be created under some name to distinguish the
same, and in like manner may organise under and enjoy as
a distinct branch interest all the rights and privileges named
in the first section of this act.

§ 3. Said company may carry on their business of mi-
ning on uny lands owned by them in La Salle county, and
may erect and operate their mines, furnaces or otlier ma-
chinery and carry on the business of preparing their coal
or other minerals for market at any place in La Salle
county.

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

Approved Feb. 15, 1855.

1855.

612

n force Feb. io, AN ACT to incorporate an Association of Tailors, in the city of Chicago.

1S55

-irpurators.

Jiame anj style*

Pownrs.

Trustees.

Hdw organized.

Section I. Be it enacted by the people of the state oj
Illinois, represented in the General Jissembly, That Henry
Nagel, Wiliiam Fries, Charles Horn, Frederick Kosche,
John Slawcic, William Muller, Jacob Arnold, Henry Brink-
er, and all such persons -is have or may hereafter join them,
shall be and they are hereby constituted a body corporate
and politic, by the name and style of "Association of Tailors
ofChicago,"andby tliatname they and their successors shall
hai'e succession, and shall in law be capable of suing and
being sued, pleading and being impleaded, answering and
being answered unto, in all courts of law and equity what-
soever; and by that name and style be capable of purcha-
sing and receiving, by gift or otherwise, holding and con-
veying real estate for the benefit of said lodge : Provided,
that said corporation shall not at any one time hold prop-
erty to an amount exceeding five thousand dollars.

§ 2. For the purpose of carrying into effect the objects
of this act the officers of such association shall always be
and are hereby trustees, to hold their offices as such in
said association as appointed by said lodge and qualified
from time to time.

§ 3. The said corporation shall have power to make
such by-laws and regulations as may be deemed necessa-
ry for the government of their concerns and not inconsist-
ent with the constitution and laws of this state and of the
United States, the purchase and transfer of real estate.

'} 4. A certificate, under the seal of said corporation,
that the said association has been duly organized, record-
ed ia the office of the clerk of the circuit court of Cook
county, shall be evidence of the existence and organization
of said lodge.

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

Approved Feb. 15, 1855.

'^ ''"■fg^^"" **• AN ACT to incorporate the Morgan County Agricultural and Mechanfca!

Association.

Corporators.

Sec. 1. That James Green, Silas Massie, Stephen Dun-
lap, Stephen Green, Joseph Morton, George M. Chambers,
their associates, heirs and assigns, and such other persons
as now are or shall hereafter become stockholders by vir-
tue of the provisions of this act, are hereby constituted and
declared a body politic and corporate, by the name and
sfmsaad styia. style of "The Morgan County Agricultural and Mechani-

613 1855.

cal Association," and by that name shall sue and be sued,
plead and be impleaded, answer and be answered unto in
all the courts of law and equity in this state.

§ 2. That said association shall have power to make cy-iaws.
and establish such by-laws, rules and regulations for the
government of said association and for the transaction of
their business as shall be deemed necessary and proper
by said association : Provided., however^ such by-laws,
rules and regulations are not contrary to the provisions of
the constitution and laws of this state and of the United
States.

§ 3. That the capital stock of said association shall con- capiiai stock.

sist of three thousand dollars, to be divided into twenty
dollars each.

§ 4. That said association may from time to time in- Pov7ortoii:cr<'a5
crease the amount of their capital stock by a vote of the '^*'"
members of said association representing two- thirds of the
capital stock thereof.

§ 5. That said association may purchase and hold and how reai estate
dispose of real estate for the purposes of said association :
Provided^ however, they shall ijot at any one time hold
more than forty acres.

§ 6. That the objects of said association shall be to ad- objects.
vance the interests and encourage agriculture and mechan-
ism.

§ 7. That said association shall have succession and
existence as a body corporate for the term of fifty years.

§ 8. This act is hereby declared a public act, and shall
be in force from and after its passage.

Approved Feb. 14, 1855.

AN ACT to incorporate the Grafton Manufacturing Coinpafiy. la force FeSj. |j.

H55.

Section 1. Be. it enacted by the people of the state of
Illinois, represented in the General tdssemblf/, That John
W. Slaten, James B. Veitch, Brook Stafford, W. H. Allen corpnvawre.
and Daniel Finney and such others as may associate with
them for the purpose specified in this act be and they are
hereby constituted a body corporate, by the name of "The
Grafton Manufacturing Company," for the purpose of mill-
ing, and by that name they and their successors shall have
succession, and shall in law be capable of suing and being
sued, plead and be impleaded in all courts and places what-
soever; may have a common seal and alter the same at
pleasure; may purchase and hold real estate for the uses

1855.

614

and purposes of said incorporation, and sell and convey
the same at pleasure.

cavitai stock. § 2. The Capital stock of said company shall be twenty

thousand dollars, in shares of $500 each, to be subscribed
for, and the said capital may be increased to $50,000, at
the pleasure of said company; and as soon as one-half of
the capital is subscribed the stockholders may choose
directors and transact and conduct the business for which
this incorporation is granted.

opeaboks. § 3. The abovenaraed incorporation or a majority of

them may open books for subscriptions and conduct the
same, by giving due notice, until one-half the capital stock
shall be subscribed; then the stockholders may elect di-
rectors and officers, who shall have power and authority
to make all needful rules, regulations and by-laws for the
management and control of the business contemplated by
this act, and also for the purpose of carrying into effect all
the powers and privileges granted to said company by this
act : Provided,, such rules, regulations and by-laws are not
inconsistent with the constitution or laws of this state.
§ 4. This act to take effect from and after its passage.
Approved Feb. 15, 1855.

Corporators.

Xaiue and stjris.

AN AOT to incorporate tlie People's Gas Light ar.d Coke Company.

Section 1. Be it enacted hy the people of the state oj Illi-
nois, represented in the General *^ssembly , That Matthew
Laflin, L. C. Paine Freer, A. G. Throop, D. A. Gage, John
S. Wallace, George W. Snow, H B Bay and R. H. Foss
and their associates be and they are hereby created a body
politic and corporate, with perpetual succession, by the
name and style of " The People's Gas Light and Coke
Company," pnd by that name they and their successors

General powers, shall be Capable in law of contracting and being contract-
ed with, suing and being sued, defending and being de-
fended in all courts and places and in ail matters and pla-
ces whatsoever, with full powers to acquire, hold, occupy
and enjoy all such real and personal estate as may be ne-
cessary and proper for the construction, extension and use-
fullness of the works of said company, and for the manage-
ment and good government of the same; and they may have
a common seal, and the same may alter, break and renew
at jjleasure.

Power to manu- § 2. The corporatiou hereby created shall have full

factors gas ami •^ , ,, '., c ^\ - ^\ ^i • j

<oice. power and authority, forthwith upon their due organiza-

tion under this act, to proceed to the erection of the ue-
cessary works for the manufacture of gas and coke, within
said city of Chicago, and on and after the 12th day of Feb-

615 1855.

ruary, A. D. 1859, to manufacture and sell gas, to be made
from any or all the substances or a combination thereof,
from which inflammable gas is usually obtained, and to be
used for the purpose of lightmg the city of Chicago or the
streets thereof and any buildings, manufactories, public
places or houses therein contained, and to erect all neces- ^'■^'=* aii uMe?-

ij r • 1 ^ T c sarywoTks.

sary works and apparatus as aforesaid; and on and arter
the said 12th day of February, 1859, or sooner by and with
the consent of the Chicago Gas Light and Coke Company,
to lay pipes for the purpose of conducting the gas in any of
the streets or avenues of said city, with the consent of the
city council : Provided, that no permanent injury or dam- I'^viso.
age shall be done to anj street, lane or highway in said
city. The real estate which this corporation is entitled to
hold shall not exceed in value one hundred thousand dol-
lars.

§ 3. The capital stock of said company shall not ex- eapuai stock,
ceed five hundred thousand dollars, to be subscribed for
and paid in such proportions as shall be prescribed by the
by-laws and rules for regulating the concerns of said com-
pany as they shall think proper and necessary respecting
the management and disposition of the stock, property and
estate of said company, the duties of the officers and agents
to be employed, the number and election of directors, and
all such matters as appertain to the concerns of said com-
pany.

§4. It is an express provision of the foregoing act of in- Express provr
corporation that the said company shall furnish and supply to to^s^Vpiyipg* X
the city of Chicago, for all its public uses, at the election of Chicago.
of the proper authorities ot said city, a sufficient supply of
gas, at a rate not exceeding two dollars per thousand feet;
and the inhabitants of said city, at a rate not exceeding two
dollars and fifty cents per thousand feet.

Approved Feb. 12, 1855.

AN ACT to incorporate the Franklin Building Association. In force Feb. 16.

1856.

Whereas it has been represented to the legislature that a Preambt*>.
number of the inhabitants of this state have associated
themselves under the name of the Franklin Building As-
sociation, for the purpose of purchasing real estate in the
city of Cairo and for the improvement thereof by the
erection of a hotel and other buildings thereon for ac-
commodation of the increasing population and business
of the place, and as it is but right and proper that every

1855.

616

(liirporAtiira.

such laudable enterprise should meet with the hearty

co-operation the legislative authorities; therefore,

Section 1. Be it enacted by the people uf the state of
llli)i(/is, represented in the General Jissemhly ^ That S.
Statts Taylor, Miles A. Gilbert and Henry C. Long and
their successors and associates in office and all such per-
sons as shall hereafter become stockholders in the compa-
ny hereby incorporated shall be and are hereby constitu-
ted a body politic and corporate, by the name and style of
if aw9 aud style. "The Franklin Building Association," and in that name to
have perpetual succession, and under that name rhall be
ssaeiAi puwera. capable of suing and being sued, impleading and being im-
pleaded, defending and being defended against in law and
equity in all courts and places whatsoever, in like manner
and as fully as natural persons; may make and use a com-
mon seal, and alter and renew the same at pleasure; and
shall be capable in law of contracting and being contract-
ed with; shall be and are hereby invested with all the pow-
ers, privileges and immunities and franchises, and of acqui-
ring, by purchase or otherwise, and of holding and con-
veying real and personal estate for the purposes of and ob-
jects of this act.

§ 2. Said company may organize at their earliest con-
venience after the passage of tliis act, and proceed to elect
from among tlie stockholders a president and four directors,
whose term of office shall not expire until their successors
shall have been elected and qualified.

§ 3. Said board of directors may make and establish
such by-laws for the government of said company and the
general management of their business as will be most like-
ly to advance the interests of said company and the gener-
al prosperity of Cairo: Provided.^ said by-laws are not in-
consistent with the laws and constitution of this state or of
the United States.

§ 4. The capital stock of said company shall not ex-
ceed $250,000, and divided into shares of fifty dollars each,
to be created, assessed and paid up in such manner and
times as shall be provided by the by laws of the company.

§ b. The operations of the company to be confined to
the objects and purposes above specified.

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

Approved Feb. 15, 1855.

"Miect (ifficers.

By-laws.

I'liVitai stock.

617 1855.

AN ACT to incorporate the Shawneetown Coal Mining and Manufactu-
r ring Coinpany.

Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Jlssenihly, That Jo-
geph Bowles, Robert Tolbert, George W. Merriwether, corporator*.
Jonas H. Rhorer, Reuben Hernden, Phiiip Swigert and Tos.
D. Carreal and their associates, successors and assigns
be and are hereby created a body politic and corporate,
under the name and style of " The Shawneetown Coal Name anustrie.
Mining and Manufacturing Comnany," and under and by
that name they and their associates and successors shall
have succession, contract and be contracted with, sue and Genei-ai powers.
be sued in all courts and places as natural persons. They
shall have power to oiganize such company by the appoint-
ment of a president and manager and such other officers
and servants as they may deem necessary, at such time and
place as they may designate by notice previously given by
them; and when thus organised they and their successors
may have a common seal and alter the same at pleasure,
and shall have power to make such by-laws, rules and
regulations as they may deem necessary from time to time
lor the government, management and prosecution of the
business of said company, not inconsistent with the con-
stitution and laws of this state and of the United States;
to employ as many agents as they may require and define
the powers and prescribe the duties of such agents.

§ 2. The capital stock of said company shall be one capuai 8to«k.
million of dollars, divided into ten thousand shares, of one
hundred dollars each; and the holder of each share shall,
either by himself or by proxy, be entitled to cast one vote
at all elections heh' by the company for the election of the
president and manager or the transaction of any business
connected with the interest of the company.

§ 3. The said company may receive, purchase and Houireai estate.
hold such real estate, mining rights and rights of way for
the purpose of mining and preparing for sale and trans-
portation coal, iron, salt, lime, bricks and slates and other
minerals for home and foreign markets, as may be deem-
ed necessary by them to the successful prosecution of their
business and the execution of the powers herein granted;
and shall have power to construct such wagon ways and
railways and appurtenaces thereto on and from the lands
of said company, when acruired as aforesaid, to such
points on the Ohio river as they may deem expedient.

§ 4. Certificates of stock shall be issued to the holders Oertifioaten of
thereof, whenever the same shall be paid for; and shall sueaVhowers'
be considered and passed as real estate, and shall be trans-
ferable on the books of the company in such manner as
shall be prescribed by the by-laws; but no stock shall be

1856. 618

transferred by any person until all the debts and demands
of the company against sucli persons shall first iiave been
paid and discharged; and that for all such debts and de-
mands the company shall have and hold a lien on the stock
of each person until the same are fully paid.
p.rrow money. ^ 5, That it shall be lawful for the president and man-
agers of said company, at any time they may require, to
borrow or obtain on loan such sums of money and on such
terms as they may deem expedient, and to issue the bonds
of the company for the same, not however to exceed in
the whole twenty-five thousand dollars at any one time.

§ 6. That the company shall have, possess and enjoy all
the powers, rights, privileges and immunities heretofore con-
ferred by law in this state upon any other company charter-
ed for similar purposes. This act shall not be so construed
as to infringe or interfere with any of the rights or privi-
leges of any other incorporated coal company in this state,
and it shall take effect from and after its passage.

APPROVED Feb. 9, 1855.

te force Feb. 9, AN ACT to amend an act entitlpd "An act to incorporate th-^ Young Men'i
'^^' Association of the City of Chicago."

Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly, That sec-
tion four of the act entitled "An act to incorporate the
Young Men's Association of the City of Chicago" be
amended so as to read as follows : There shall be an annual
meeting of the corporation on the fourth Saturday of March
in each and every year for the purpose of electing offi-
cers, hearing the report of the executive committee and
transacting all other necessary business.

§ 2. This act to take eflfect from and after its pas-
sage.

Approved Feb. 9, 1855.

AlN ACT to incorporate the Marion County Fair Ground Association.

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

Illinois, represented in the General Assembly, That Cyrus

corporators. W. Wcbstcr, U. MiUs, S. F. Mercer, W.^E. McMakin,

619 1865

John P. Raynolds, T. J. Black, S. W. Cunningham, John
M. Oglesby, John Cunningham, D. T. Parker, Adam
Shannerfealt, Jesse Ray, Joel K. Findley, Thomas Day, R.
P. Mcllwain, J. J. Lakin, T. J. Houts, J. F. Gray, R. M,
Nichols, J. W. Nichols, Lewis Hitt, D. H. Green be and are
hereby created a body politic and corporate, with perpet-
ual succession, and as such may sue and be sued, complain
and be complained against, plead and be impleaded in all
courts of law and equity in this state, in the name and
style of « The Marion County Fair Ground Association," Nan.e «d ny.e.
and may, in their corporate capacity, take by grant, be-
quest or purchase any quantity of real estate, not exceed-
ing five hundred acres, and hold the same for the use and
purposes of a fair ground, for agricultural and other pur- ^"^"^ '*"'^*"
poses, and especially for the pupose of exhibiting and
selling all kinds of live stock. Said corporation shall
have and keep a common seal, and may alter or change
the same at pleasure; shall have power to make all by-
B laws and regulations that may be necessary to the ad-
^ vancement of the objects of said association which may
not be contrary to the constitution and laws of this state.

§§ 2. That upon the death of any one or more of said "^acanctef eiifd.
corporators his or their legal representative or representa-
tives shall become entitled to exercise all the powers in
this association of his or their intestate; and the purchaser
of thfc stock or interest of any of the foregoing corpora-
tors shall become, by reason of such purchase, entitled to
all the benefits conferred by this act of incorporation.

§ 3. In addition to the real estate hereinbefore provided
for the said association may take and hold personal property,
in connection with said real estate, to the amount of fitty
thousand dollars.

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

Approved Feb. 15, 1855.

AN ACT to vacate the town plat of the town of Kankakee, in Grundy in force Feb. if,
county, and to provide for the collection of the revenue therein. 18^6.

Section 1. Be it enacted hy the people of the state of
Illinois, represented in the General Jlssemhly, That the
town plat of the town of Kankakee, in the county of
Grundy, be and the same is hereby vacated, and taxes
shall be assessed upon the tract of Jand upon which said
town was laid out in the same manner as upon other

1855.

620

tracts of land not laid out into town lots, and such assess-
ment of taxes shall be legal and valid.

§ 2. Any person may pay taxes upon any town lot in
said town by paying to the proper officer such proportion
of the taxes assessed upon the tract of land in wiiich said
town lot is situated as said lot shall bear to the whole
tract, and may redeem any such town lot from any sale for
taxes by paying such proportion of the money necessary
to redeem the tract of land in which said lot is situated as
said lot shall bear to the whole of such tract.

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

Approved Feb. 12, 1855.

Corporators.

A-N ACr to incorporate the Thebes Marbie Working and Manufacturing-

C mpany.

Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly ^ That John
A. M'Clernand, his associates, successors, heirs and as-
signs, be and thej are hereby created a body corporate

xame aad style, and poUtJc, by the name and style of "The Tliebes Mar-
ble Working and Manufacturing Company," and by

•onerai powers, that name they and their successors shall have succes-
sion, and be capable in law of contracting and being
contracted with, of suing and being sued, defending and
being defended in all courts and places, in all matters
whatsoever; of having and using a common seal, and of
altering, breaking or renewing the same at ple-^sure; and
shall have full power to acquire and enjoy in fee simple or
otherwise the following described real estate situate in

»e»eri4»tion. Alexander county, to- wit: The north part of the south-
east fourth, the south part of the south-east fourth of
section seventeen, the north-east fractional fourth of sec-
tion twenty, and the north west fourth of section twenty-
one, all in township fifteen south, in range 3 west, contain-
ing 267 acres, more or less, and such other near and con-
venient lands as may be needful and proper, in the opinion
of the said company, for the purposes hereinafter men-
tioned, not exceeding the quantity of two thousand
acres.

§ 2. The corporation hereby created, when organized,
shall be under the direction of any number of directors,
being stockholders, which the stockholders may deter-
mine and fix upon : Provided, that the number of the said

Cireramoiit.

621 1855.

directors may be changed from time to time, as the stock-
holders may order and direct. The said directors shall be
elected by the stockholders at stated periods, and shall
hold their offices for tite term for which they were elected,
and until thier successors shall have been elected; a pres-
ident of the board of directors shall be chosen by the di-
rectors from their number. The board of directors shall choosc ^MiMcieBt
have power to regulate the manner of their own and all
other elections of the ofScers and agents of the company,
and shall have power to elect a secretary, treasurer and
other officers, to make by-laws for conducting the opera- sy-iaws.
tions and affairs of the company, and for the government
of the officers, agents and employees of the company, but
said by-laws shall not be inconsistent with the laws of
this state.

§ 4. The capital stock of the said company shall not
exceed the sum of two hundred tliousand dollars, divided
into shares of one hundred dollars each, to be subscribed
and paid in as may be prescribed by the said John A. M'-
Clernand and his associates, or their successors or as-
signs.

§ 5. The corporation hereby created shall have power objwu,
to carry on the business of quarrying, cutting, sawing and
planing stone, of making and burning brick, of burning
lime, of sawing lumber and of grinding grains on the lands
of said company; and in order the better to enable the
said company to carry on the said business, they are here-
by empowered to eiect mills, operate machinery, build and
use railroads and other roads, and to do whatsoever else
may be needful on the lands*of the faid company; and the
said company shall have power to build, purchase or char-
ter vessels, propelled by steam or otherwise, and to navi-
gate tiie same in conveying the products of the labor and
operations of tlie company to markets, and in facilitating
and carrying on their business.

Approved Feb. 14, i855

AN ACT to incorporate the Shelburn Manufacturing Company. in force Fei. 14.

^ ^ ' 1856.

Section 1. Be it enacted by the people oj the state of
Illinois, represented in the General Assembly, That Fred-
erick R. Dutcher, and all such persons as shall become
subscribers to the stock hereinafter described, shall be and
they are hereby constituted and declared a body politic
and corporate, by the name and style of ^The Shelburn Name ava ftyie.
Manufacturing Company," from and after the passage of

1855.

622

this act, and by that name they and their successors

*duerai powers, shall have succession, and siiali in law be capable of suing
and being sued, pleading and being imp'eaded in all courts
and places whatsoever; may have a common seal, alter
and change the same at their pleasure; and they and their
successors may also by that name and style be capable in
law of contracting and being contracted with, of pur-
chasing, holding and conveying away real and personal
V estate, for the purpose and use of said corporation, as

hereinafter limited.

objeote. ^ 2. The president and directors of said company,

hereinafter provided for, shall have power and are hereby
authorised to carry on the manufacture of the agricultural
products of the country, and other useful branches of bus-
iness ; to erect mills, machines, works and such other
buildings as may be necessary to carry on their business,
and enter into all contracts which may concern the use
and management of the property, affairs and interests of
the said company.

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

fifty thousand dollars, divided into shares of one hundred
dollars each; and the capital stock may hereafter be in-
creased to one hundred thousand dollars, to be expended
in the business of said corporation.

k'^gotiate loans. § 4. In order to facilitate the business operations of
said grant, corporation or company, they shall be authori-
sed to negotiate a loan or loans of money to the amount
of its capital stock, and to pledge all its property, real and
personal, and all its rights, credits and franchises for the
payment thereof.

o«muiis8ioners. § 5. That for the purpose of carrying into effect the
the objects of this c U'poration, the person named in the
first section of this act is hereby appointed a commissioner
to obtain subscriptions to the capital stock of said compa-
ny, and may open books for said subscription at such times
and places as he may deem expedient; an! wher at least
two hundred of said shares shall have been subscribed,
and one dollar on each share paid thereon, said commis-
sioner shall within thirty days thereafter call a meeting of
the stockholders at Shelburn, Lee county, by a printed
notice in some newspaper of general circulation in this
state.

■leot directors. § 6. That at Said meeting the stockholders of said
company shall proceed to elect five directors, who shall
manage, direct and govern the affairs of said company
one year from the period of said election, and until their
successors, who shall be vested with the fame authority,
are elected.

§ 7. And that at said elections each stockholder shall
be entitled to give one vote for each share of stock he may

623 1865.

hold; and a majority of all votes given shall be required to
make an election; each shareholder may vote in person or
by proxy.

§ 8. That the period of election shall be annually, on Aonuai election,
the first Monday of the month in which the first election
shall be held; and if it shall so happen that any election
does not take place upon the day appointed, the same may
be held or. any day thereafter, the acting president giving
the notice thereof required in the first section.

§ 9. That immediately after the directors are chosen Quormu.
as above, they shall hold a meeting, at which and all sub-
sequent meetings, a majority shall constitute a quorum;
that they shall proceed to the election of a president from President.
one of their number; a secretary, who shall be sworn by a
justice of the peace to the faithful discharge of his duty,
and who shall record all the proceedings of the said cor-
poration, under the direction of the said president and di-
rectors, in a book to be kept by him for that purpose; a
treasurer, who shall give bond to such amount and in such
manner as the said president and directors shall direct;
and appoint such other officers and agents as to them may
seem necessary.

§ 10. That the said president and directors may au- By-iaws.
thorise the issue of certificates of indebtedness, and shall
have power from time to time to make all such by-laws,
rules and regulations, not inconsistent with the constitu-
tion and laws of this state or of the United States, which
may be necessary for the payment or collection of sub-
scriptions to its stock, and the transfer of the same, the con-
veyance of property, the payment of or collection of dues to
or from said company, or that in any other way concern the
interests, management or direction of the affairs of said
company.

§ ll. The corporation hereby created shall continue
for the term of fifty years.

§ 12. This act to be in force from and after its passage,
and shall be considered a public act in all courts of re-
cord, and also in all courts of justice of the peace, and
shall be beneficially construed.

Approved Feb. 14, 1855.

AN act to expedite aud insure the thorough drainage of the swamp In force Feb. u?
lands of the county of Iroquois, and to facilitate the sale thereof. *855.

Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly, That the
county court of the county of Iroquois is hereby author-

1855.

624

Peteimine valu-
tlon of swamp
iands.

Swamp lands,

how 8»1(1.

Appoint enginifer ised to appoint an engineer, with such assistants as may
be required, to survey the swamp lands, within the limits
of said county of Iroquois, and to recommend an efteetual
and thorough system of drainage to the consideration and
acceptance of said county court, and make such rules,
regulations and compensations as will insure the drainage
of said lands : Provided^ said county shall have power to
remove said engineer, should they consider that the public
interest so required.

§ 2. That said county court shall also determine, from
the maps and reports of said engineer, a valuation for all
the swamp lands in said county, and fix the price to be al-
lowed for drainage; and the county judge of said Iroquois
county is hereby authorised to sell the same at private sale
or public auction, under the direction of the county court
of said county, either in large or small tracts, as may be
deemed expedient. All those tracts, however, immediate-
ly adjoining or contiguous to improved farm? shall be sold
at public vendue, under a notice of thirty days, in some
newspaper published in said Iroquois county; but in no
case shall any of said lands be sold for less than the ap-
praised value; and said county judge shall receive as com-
pensation for supervising the sale of the same, either at
private or pulic sale, one dollar for each and every tract
of forty acres — said compensation to be derived from the
proceeds of said lands.

§ 3. That the surplus of the proceeds of all or of any
of the sales of said lands, over and above the cost of drain-
age, may be applied by the county court of Iroquois in
payment for the capital stock of the Peoria and Oquawka
Railroad Company, on that part of the eastern extension
thereof which lies between the town of Middleport, in the
county of Iroquois, and the Chicago and Mississippi Rail-
road; for which capital stock said county court has subscri-
bed in pursuance of a vote taken by said county authorising
a subscription for the same; also, in payment for such oth-
er securities of said railroad company as said county court
Proviso. may deem expedient : Provided^ this act shall not be 90

construed but that said county court shall have power to
appropriate such portions of said surplus to school or oth-
er purposes in said county, as tiiey may think advisable.
Swamp lands. § 4. That all pajmeuts for the purchase of the swamp

lands of the county of Iroquis shall be made in cash or in
such securities as the county court may deem sufficient;
which securities said county court are hereby authorised
to take in such manner and such written form as they may
prescribe; and said payments shall be made on the day of
sale or the day after to the county treasurer, subject to
the draft of the county court for the purposes aforesaid,
deducting therefrom the estimated cost of drainage.

Proaeeds,

applied.

625 1856.

§ 5. That for all lands sold subject to drainage a certifi- owe certificate to
cate may be given by the clerk of said county court to ^"'^'^ ^^"'
the purchaser, and said lands shall be duly conveyed by a
good and sufficient deed, executed by the clerk of said
county court whenever sail drainage shall be completed
in conformity with the system adopted by the county as
aforesaid. The balance due, however, for draining each
tract may remain unpaid by the purchaser for eight months
after the day of sale, when, if the estimated cost for drain-
ing the same is not paid or if the labor in drainage as
aforesaid is not performed, said land shall revert to the
county, and the money which has been advanced thereon
shall be forfeited to said county.

§ 6. That the county of Iroquois is hereby exempt ^^^''^Isloiis ^^"^
from all the provisions of the general laws enacted to fix geBerauaw.
the mode of draining and selling the swamp lands which
conflict with the provisions of this act.

§ 7. That the county of Iroquois is hereby authorised '^"'p ^'rairants.-.
to receive, through its treasurer, who is hereby authorised
to receive the same, any money, scrip, warrant or other
evidence of entry which shall be paid or issued to the
state of Illinois by the order of congiess for all the swamp
lands in said county entered subsequent to the act of con-
gress entitled " An act to enable the state of Arkansas
and other states to reclaim the swamp lands within their
limits," approved Sept. 28, 1850, and which said money,
scrip, warrant or other evidence of entry shall be subject
to the order of said county court; and said county court
shall be allowed the same compensation for services in
relation to swamp lands as now allowed by law for other
purposes.

§ 8. That the clerk of the court of the county of Iro- ^^^^^ aiiuwcd

•1 11 1 iiic • II clerk for e^ecD-

quois be allowed one dollar tor executmg each and every tmg conveyan-
deed conveying the several tracts of land aforesaid and
fifty cents for each certificate of sale, to be paid by the
purchaser; and tliathe be required further to keep a book
expressly for all that relates to the swamp lands of said
county, wherein all orders touching the same and other
proceedings '^hali be duly entered, for which he shall re-
ceive the same compensation as now allowed by law for
similar services.

§ 9. That the county treasurer shall be allowed not Fees or treaeww
to exceed two per cent, for all moneys accruing from the
proceeds of said swamp lands which may come into his
hands, which shall be kept separate from other county
funds; and that all compensations allowed, either by fees
or otherwise, connected with the sale of said swamp lands,
except as herein provided, shall be paid from the proceeds
of said lands.
54

1856, 626

§ 10. ■' hat this act be and is hereby declared a pub-
lic act, and shall be liberally construed in all courts and
places for carrying out the purposes herein expressed, and
the same sliall take effect and be in force from and after

its passage.

Approved Feb. 14, 1856.

la force Feb. 15,

1855.

AN ACT to incorporate the Quincy Wood and Coal Company.

*t»rporateis.

Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly , That Sam-
uel Holmes, Henry Asbury, Augustus C. Marsh, John
Wheeler, Harrison Dill-', Hiram Rogers, James D. Mor-
gan, Sylvester Thayer, Henry V. Sullivan, John Wood,
William H. Carlin and such Oiher persons as may associate
with them for the p irposes specified in this act, be and
the same are hereby constituted a body corporate by the

Kame and style, name and Style of " The Quincy Wood and Coal Coropa-

objects. ny," for the purpose of mining and transporting wood and

stone coal in the counties of Brown and Schuyler, in this

fjenerai powers, state, to some Convenient point on the Northern Cross
Railroad, and by that name and style they and their suc-
cessors shall have perpt tual succession, and shall in law
be capable of suing and being sued, pleading and being
impleaded in all courts and places whatsoever; may have
a common seal and alter the same at pleasure; may pur-
chase and hold real estate for the uses and purposes of
said incorporation and sell and convey the same at plea-

PMvi39. sure : Provided, that s-aid corporation shall not hold at one

time more than twenty-five hundred acres of land.

§ 2. The said company shall have power to lay out
and construct upon the most suitable route from their coal
mines, in the counties of Brown and Schuyler, in this
state, a plank or railroad, to some convenient point on the
Northern Cros? Railroad, and lor that purpose may take
and cause to be condemned for the use of such plank or
railroad a strip of land, not exceeding one hundred feet in
width, the whole length of said plank or railroad : Provi-
ded, that the said company shall make compensation for
the land taken or required for said plank or railroad to
the owners of such land in the manner now provided by
law for the opening or widening roads in this state; and
the said corporation shall have power to erect and use
such machinery as may be necessary to carry out the ob-
jects of the same.

627 1866.

§ 3. The capital stock of said company shall be one capuaistoet.
hundred and fifty thousand dollars, in shares of one hun-
dred dollars each, to be subscribed for in the manner
provided by this act ; which capital may be increased
to three hundred thousand dollars at the pleasure of the
said company; and as soon as one- half of the capital stock
of said company is subscribed the stockholders of said
company may choose directors and transact and conduct
the business for which this corporation is granted.

§ 4. Three commissioners, to wit : Samuel Holmes, commissioners.
Henry Asbury and Sylvester Thayer, or a majority ot them,
are hereby authorised to open books of subscription
to the capital stock of said company at such place or
places as they may deem proper; and before the books are
opened they shall give thirty days' notice, in some news-
paper published in the city of Quincy, of the time and
place or places that such subscriptions will be opened, and
shall be kept open for the space of three days.

§ 5. As soon as one-half of the capital stock of said Eiprtdircttori,
company is subscribed the stockholders may elect five
directors to manage and transact the business and affairs
of said company; and at such election each stockholder
shall be entitled to one vote for each share of stock held
by him or her : Provided, that the commissioners or a
majority of them named in this act shall first give thirty
days' notice, in some newspaper printed in the city of
Quiney, of the time and place of holding such election.

§ 6. The directors of said company elected in pursu- By-ia«rR.
ance of this act shall have power £.nd authority to make all
needful rules, regulations and by-laws for the management
and control of the business contemplated by this act and
also for the purpose of carrying into effect all the powers
granted to said company by this act : Provided, such
rules, regulations and by-laws are not inconsistent with
the constitution and laws of this state.

§ 7. Nothing herein contained shall authorise said *
company to require of any railroad company now incorpo-
rated any compensation for damages done by crossing the
track of the road to be constructed under the provisions
of this act.

§ 8. This act to take effect from and after its pa«"
sage.

Approved Feb. 15, 1855*

1855.

628

AN ACT to incoiporate '•.he Warsaw Library Associ-.tion.

Oorporators.

Nama ands'jle.

Hoi! real estate.

Proviso.

Blect officers.

Section I. Be it enacted by the people oj the state of
Illinois, represented in the General Jissembly, That Jo-
seph Sibley, Thomas C. Sharp, N. W. Bhss, Charles H..
Case, Homer Judd, A'.nos H. Worthen and Thomas Gregg,
of the city of Warsaw, and county of Hancook, and their
associates and successors, are hereby created a body pol-
itic and corporate, by the name and style of " The War-
saw Library Association," and by that name and style
siiall have perpetual succession, with power to sue and be
sued, plead and' be impleaded, defend and be defended in
all courts of law or equity in this state.

§ 2. The said corporation hereby created shall have
power to acquire, hold and convey property, real, personal
or mixed in all lawful ways; to have and use a common
seal and alter the same at pleasure; to adopt, alter and
amend such rules, legulations and by-laws, not inconsis-
tent with the constitution of the United Slates nor of this
state, as they \i\d.j deem necessary for the government of
said association : Provided, that said corporation shall not
at any time hold real estate to an amount exceeding twen-
ty-five thousand dollars.

§ 3. The said corporation shall have power to elect
such oflicers and appoint such agents as may be deen.ed
necessary for the well being of the same and for the fur-
therance of the objects of tlie association.

§ 4. The objects of said association are the advance-
ment and cultivation of literature, science and useful
knowledge and the collection and maintenance of a library,
together witli scientific and philosophical cabinets and ap-
paratus, in the said city of Warsaw.

Approved Feb. 14, 1855.

In force Feb. 13,

1855.

AN ACT to incorporate the Illinois Central Coal Mining Company.

Oorporator».

Kame.

Section 1. Be it enacted, by the people of the state of
Illinois, rejjresented in the General Assembly .^ That Joshua
R. S. Oliver, George W. Hanna, Lyman E. Johnson, Wil-
liam Turner and Theodore Elliott and such other persons
as may be associated with them for the purposes specified
in this act be and they are hereby constituted a body cor-
porate, by the name of " The Illinois Central Coal Mining
Company," for the purpose of mining bituminous coal in
the vicinity of the townof DuQuoin, in the county of Per-

629 1856.

ry, in this stat«; and by that name they and their succes-
sors shall have success ir)n, and shall be capable in law and
equity of suing and being sued, plead and be impleaded
against in all courts of law and equity in this state. Tiiey
may have a common seal and alter, renew or amend the
same at pleasure.

§ 2. The said company may receive, buy and hold Howreai estate,
real estate, mining rights and rights of way as may be
deemed necessary by them to the successful prosecution
of their business and the execution of the powers iierein
granted, and shall have power to lay out such wagon ways,
railroads and appurter.ances tliereto on and from the lands
of said company to such points on the Illinois Central
Railroad as they may deem expedient and proper, with
all powers necessary and adequate to carry into effect the
successful prosecution of their business and the execution
of the powers herein granted : Provided, that said com- Provuc.
pany shall not lay out any wagon ways or build any rail-
roads to a greater distance than four miles from said town
of DuQuoin, nor shall they take any lands, other than Not to take any

,. „ , •' .^, "^ ,. lantiBothcv tbas

their own, tor such purposes without making compensa- their own.
tion therefor — taking and paying for the same, if any dam-
ages are awarded, in the manner provided for in " An act
to provide for a general system of railroad incorpora-
tions," approved November the fifth, one thousand eight
hundred and forty-nine.

§ 3. The capital stock of said company shall be one Capital 5toct.
hundred thousand dollars, which may be divided in shares
of one hundred dollars each, to be subscribed for in the
manner provided by this act; which capital stock may be
increased to three hundred thousand dollars, at the plea-
sure of said company; and as soon as one-h-ilf of the cap-
ital stock of said company is subscribed the stockholders
of said company may choose directors to transact and
conduct the business for which this charter is granted.

§ 4. Three commissioners, to wit : Joshua R. S. Oli- commissioner*.
ver, Horatio Fellows and George W. Hanna, or a majority
of them, are hereby authorised to open books of subscrip- open took?.
tion to the stock ot said company, in such locations and
at such times as they may deem most appropriate.

§ 5. As soon as one- half of the capital stock of said oapuaistofk.
company is subscribed the stockholders may elect five
directors to manage and transact the business and affairs
of said company; and at such election each stockholder,
whether in person or by proxy, shall be entitled to one
vote for each share of stock held by him or her.

§ 6. The directors of said company elected in pursu- By-uwt.
ance of this act shall have power and authority to make
all needful rules, regulations and by-laws for the manage-
ment and control of the business contemplated by this act

1855.

630

and also for the purpose of carrying into effect all the pow-
ers and privileges granted to said company by this act.

§ 7. The said company may appoint and employ such
agents and servants as may be required by them, and de-
fine the powers and prescribe the duties ol each for the
purpose of carrying out the provisions of this act.

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

Approved Feb. 13, 1855.

©orporatofs.

AN ACT to incorporate the Candne Manufacturing Company.

Section 1. Be it enacted by the people of the state of
Illinois^ represented in the General Asseinhly^ That Min-
thorne Tompkins, William J. Staples, A. A. Van Warmer,
Alfred Declausel, Paul Carriere and Francis M. Bixby,
their associates, successors and assigns, be and they are
hereby created a body politic and corporate, by the name
Mwuoami style, and Style of "The Cantine Manufacturing Company," and
by that name they and their associates and successors shall
be capable in lav/ of suing and being sued, contracting, ac-
quiring, holding and transferring property, real and per-
sonal, of any and every description, by the metho Is and
ways usual with individuals; of having, using and altering
at pleasure a common seal, and of doing all other things
which individuals might or could do to carry into effect and
operation the objects, purposes and true intent of this act
and their incorporation.

§ 2. The objects, purposes and true intent of this incor-
poration are the manufacture of flour and meal from grain,
the manufacture of glass of any and every description, and
generally to enter into and carry on any kind and all kinds
of mechanical and manufacturing business by mills, furna-
ces, founderies, factories, machine shops or other structures
for fabricating and constructing any and every kind of ar-
ticles of wood, metals, wool, cotton, silk or other material
or any composition, combination or mixture of them, and
do the same by steam, other power or mode not forbidden
by law.

§ 3. The capital stock of said company may be fixed
and altered by said company, but shall not exceed five
hundred thousand dollars. They may adopt such by-laws,
rules and regulations as to them may seem best to carry
out the objects of this act and from time to time abolish or
change the same, and by the by-laws may provide for a

•bjects.

<v»pita]8toock.

631 1866.

board of directors, the time, place and manner of their ap-
pointment, number, term of office, powers and duties, and
generally do and perform all things for the good govern-
ment of the company, the management of its affairs and the
prosecution of its business. All such by-laws, rules and
regulations as are consistent with the laws and constitu-
tion and proper for carrying into effect tlie objects of this
act shall be valid and binding.

§ 4. The original minutes and entries and certified cop- Evidence.
^ies, under the seal of the corporation and signature of the
president or secretary of the company, shall be received
in all courts as yjrzma /acz'e evidence of the doings, acts,
by-laws, rules and regulations of the corporation, and this
shall be noticed as a public act by all courts without
pleading it.

§ 5. The capital stock may be divided into shares and capital stcch.
sold and transferred as may be provided in the by- laws,
and shall be deemed and rated as personal property.

Approved Feb. 15, 1856.

AN ACT to incornorate the Wabash Minins Company, vn force Fet. H,

1856.

Section 1. Be it enacted by the people of the state of
Illinois^ 7'eprese7tfed in the Genera/ Asseinhly^ Tljat Wil-
liam Warne, Albert C. Koch and Henry King, their asso-
ciates and successors, are hereby constituted a body poli- coiporatore.
tic and corporate, by the name of "The Wabash Mining Nameanti mm*.
Company," for the purpose of exploring for lead, copper,
kaolin, fluor spar and other ores, metals and m nerals, and object*.
for mining, working, smelting, manufacturing and vending
the same, and for such purposes may erect, make and con- oenerai potv^r-.
struct adits, levels, shafts, pits, furnaces, forges, mills,
buildings, roads, races and all other fixtures, machinery
and apparatus, and do all other things necessary for car-
rying on their o{ erations, and by that name may contract
and be contracted with, sue and be sued, plead and be im-
pleaded, appear, prosecute and defend in any cour<" of law
or equity in all suits and actions; may have a common seal
and the same alter and renew at pleasure, and may enjoy
all the privileges incident to corporations, and may pur-
chase, hold, mortgage, transfer, sell and convey any real
or personal estate : Provided.^ the real estate required for proviso.
said mining purposes be within the limits of tov/nships elev-
en, twelves and thirteen' south, of range six, seven east of
the tliirci principal meridian, as defined by the United States'
surveys o the public lands of this state.

1855.

632

iwp bouk-

First meeting § 2. That the jfirst raepting of said corporation may be

called by the persons named in this act or any two of them
or by their attorneys at siicfi time and place as they may
Board of diiectort^ sclect; and at such meeting a board of directors shall be
chosen trora amongst the stockholders by the votes of a
majority of the stockholders present at such meeting; and
such board of directors shall take charge of the operations
of the company, subject to such rules and regulations as
may be adopted by the stockholders.. The said directors
Terjiut oflict;- shail liold office for one year or until their successors are
appointed, and may adopt such by-laws and regulations for
the government of the concerns of the company as they
may deem expedient, not inconsistent with the rules made
by the stockholders ?s aforesaid, nor with the laws and con-
stitution of the United Slates or of this state.

§ 3. That the directors shall cause a book to be kept
containing the names of all persons who are stockholders
of said company, showing their place of residence and the
number of shares of stock held by each, respectively, and
the time when they became, respectively, the owners of
said shares and the amount of stock actually paid in; which
book shall, during the usual hours of each secular day, be
opened at the place of business of said company for the in-
spection of the stockholder? and creditors of the company
and their representatives — thelia^ilit> of each stockholder
being in the nature of a contract to pay a certain sum of
money, the consideration for which is the share or shares
of stock which he may hold in said company.

§ 4. The capital stock of said company shall be four
hundred thousand dollars, with the privilege of extending
the same at any time to any amoujit, not exceeding one
million. The said corporation may divide the capital stock
into sucii number of siiares and provide for the sale and
transfer thereof in such manner and form as they may deem
expedient, and may levy and collect assessments, forfeit
and sell delinquent shares, declare and pay dividends, on
tlte shares in said company in such manner as the by-laws
may direct.

§ 5. That the said corporation shall not contract debts
until the sum of twenty thousand dollars of the capital
stock is paid in or secured, no part of which shall be with-
drawn or in any manner diverted from the business of the
company; and shall not contract debts at any time to an
amount exceeding the capital stock of the company.

§ 6. That this act take effect from the date of its pas-
sage, and shall be in full force and effect thereafter for the
space and term of fifty years, and the company or corpora^
tion hereby created may be organized at any time within
four years after the passage of this act.

Approved Feb. 14, 1855.

flApUal >toc&.

TMm of office.

633 1855.

AN ACT to amend an act entitled "An act to incorporate the Kaskaskia lin force Feb. is.
River Navigation Company," approved February 8th, 1853 '^^•

Section 1. Be it enacted by the people of the state of
Illinois^ rtpresented in the General Assembly^ Tliat the
act entitled "An act to incorporatQ the Kaskaskia River
Navigation Company," approved Februarys, 1853, be and
the same is hereby so amended as to authorise and em- Act amended.
power the said company to improve the navigation of said
river by the erection of locks, dams and such other device
as maybe necessary for the purpo^^e of navigating said river
by slack v/ater or otherwise.

§ 2. For the purpose of better enabling the said com- May me i»ncj».
pany to carry out the provisions of this act and the act to
which this is an amendment it shall and may be lawful for
said company, by their agents and servants, to enter on
said river and on the land on either side of the same and
to hold and use the same so far as necessary for the objects
herein provided for, and to use the timber, rocks, stones,
gravel or earth which may be found thereon in the con-
struction of such dams, locks or other device as may be
deemed by said company most proper for the improving of
the navigation of said river and subserve its commerce, TmnsportaMon.
and especially the transportation of the agricultural pro-
ducts of the country to market, whether the same be by
slack water or otherwise : Provided^ that said company Provieo.
shall pay to the owners of lands occupied by them as afore-
said or from which materials may be taken as aforesaid the
value of the lands so occupied or materials so taken or the
damages done thereto; and when the said company and the
owners of said land or materials, as aforesaid, shall be un-
able to agree as to the price of lands or materials so taken
or damages done the said v lue shall be ascertained or Pardamag**.
damages assessed and compensation made in the same
manner as is now provided by law for the assessing of
damages, &c. in case of public highways.

§ 3. The capital stock of said company shall be one capital stock,
hundred thousand dollars, which may be divided into shares
of fifty dollars each; and said capital stock may hereafter
be increased whenever it appears to the interest of said
company so to do, to any amount, not exceeding f^200,-
000.

§ 4. Books for the subscription of the capital stock of open booh*.
said company shall be opened at such time and places as
the directors of said company, now organized under the
act to which this is an amendment, shall order, notice there-
of being given by said directors by publication in public
newspapers printed in Belleville, Waterloo and Chester;
and said books shall remain open at least two weeks, un-
less the capital stock is sooner subscribed.

1865.

BlectioD ■

•y-Uwe.

Strrrovr moner.

634

§ 5. Previous to the election of directors for said com-
pany on day of April, 1855, the directors now organ-
ized under the law to which this is an amendment shall
give notice and open books and receive subscriptions to
said stock as is provided for in section four of this act;

and at said election for directors on day of April,

1855, as is provided for in the act to which this is an amend-
ment, all stockholders and those who may have subscribed
to said capital stock shall be entitled to cast as many votes,
either in person or by proxy, as he, she or they may have
shares in such stock.

§ 6. The directors elected under the provisions of this
act and the act to which this is an amendment shall have
power to make all necessary by-laws, rules and regula-
tions as may be necessary for the purpose of carrying into
effect the provisions of this act and the act to which this
is an amendment; and the by-laws, rules and regulations
adopted by the board of directors under the act to wiiich
this is an amendment, so far as the same do not conflict with
the provisions of this act, shall remain in force until the
directors provided for by this act shall adopt others.

§ 7. The said company shall have power to issue bonds
and borrow money on the same to any amount, not exceed-
ing fifty thousand dollars, which money shall be expended
for the purpose of carrying out the provisions of this act
and the act to which this is an amendment.

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

Approved Feb. 15, 1865.

Jo force Feb. 16,
186S.

AN ACT to incorporate the Casey villa Steam Mill Comp«ny.

Qorporatorg.

Section 1. Be it enacted hy the people of the state oj
Jlinois, represented in the General Jissembly, That Hen-
ry Haeber, Daniel D. Collins, John King, Charles Beskey,
and such other persons as shall become subscribers to the
stock hereinafter mentioned, be and they are hereby con-
stituted a body politic and corporate, by the name and
xaoae and Btyie. style of "The Caseyvillc Steam Mill Company," from and
after the passage of this act, and by that name the) and
their successors shall have perpetual succession, and shall
be capable of suing and being sued in all courts and pla-
ces; they may have and use a c mmon seal and change
the same at pleasure; they shall be capable in law of |)ur-
chasing, holding and conveying real estate for the purpo-
ses of this act of incorporation.

635 1855.

§ 2. The capital stock shall not be less than five nor capital Etoa.
more than five hundred thousand dollars, vt^hich may be
fixed and altered from time to time, within these limits,
and may be divided into shares ot one hundred dollars.
The persons herein named may open books, receive sub- Openboou.
scriptions, call a meeting of the subscribers for the pur-
pose of election aboard of directors, and shall act as judges
of the first election, and declare the result; at the first
election each share subscribed shall be entitled to one
vote for three directors, who shall manage the affairs of
the company for one year and un^^il their successors are
elected.

§ 3. At the first or any subsequent meeting of the ^eetingt.
stockholders they may ordain and establish such by-laws,
rules and regulations as they deem proper for the govern-
ment and management of the aflfairs of the company, or
they may authorise the directors to do so.

§ 4. Said corporation shall provide by its by-laws for By-i«wi.
its meeting of stockholders, elections, members, powers
and duties of a board of directors and other officers, agents
and servants, together with the manner of prosecuting its
aifairs and business, the transfer of its stock and other
property: Provided, such by-laws are not inconsistent p™'***-
with the laws or constitution of the state. Duly certified
copies of the minutes, proceedings and by-laws of the
company, under the hand and seal of the clerk, secretary
or president of the company shall be received in evi-
dence.

§ 5. The objects of this corporation are the purchase owecis.
of grain and the manufacture and sale of flour, meal, &c.,
together with the purchase and sale and manufacture of
any and all material of wood or iron, or other matter for
building houses, boats, railroads, cars, agricultural or other
implements, and building with or selling the same; also,
the manufacture or purcliase and sale of any and all kind
of machinery and tools and such other kind or species of
manufacture as they may deem profitable. This shall be
deemed and noticed as a public act without pleading, and
take effect from its passage.

Approved Feb. 15, 1855.

AN ACT to drain certain wet lands lyii g in townships 42, 43, 44 and 45
nor h, ranges twelve and thirteen east of third principsl meridian, in the
counties of Cook and Lake.

Whereas the inhabitants of townships 42, 43, 44 and 45 Preamble.
north, of range twelve and thirteen east of the third
principal meridian, in the counties of Cook and Lake,

1855. 636

are greatly prejudiced by reason of the wet land<: lying
in said townships, causing sickness and disease and in-
terfering with their sanitary regulations; and whereas
such wet lands are easily susceptible of drainage from
their natural elevation above and proximity to Lake
Michigan into said lake; and whereas by such drainage
a large amount of wet, low land would be reclaimed and
fitted for cultivation; therefore.

Section 1.. Be it enacted by the people of the state of
Illinois rep resentedin the GeneralAssembly^ That Charles

oo-rniiMionerB. E. Peck, William H. Garland and Jacob C. Bioom be and
they are hereby appointed commissioners to lay out and
superintend the construction of a ditch or ditches through
the whole length of said wet lands, situate, lying and be-

^^wch *diS ^"g ^" townships 42, 43, 44 and 45 north, of ranges twelve

Jtracted'^ con- and thirteen east of third principal meridian, in said coun-
ties of Cook and Lake, extending the said ditch or ditch-
es to Lake Michigan, with such side ditches, embankments
or roads as may be neces ary for the thorough and com-
plete drainage of said lands.

^T™ted^wuhTun § 2. The said commissioners are hereby vested with

power, &c full power and discretion to determine the number, dimen-
sions and directions of said ditch or ditches, embankments
and roads and the location and construction of the same.

*^'^n """P""**' § 3. Whenever it shall be necessary for the purposes
of said drainage to take private property, said commis-
sioners shall make a just compensation therefor to the
person whose property or materials may be wanted and
taken or injured, and in case tlie amount of value or dam-
ages and compensation therefor cannot be agreed on the
same shall be determined, valued, condemned and paid
for as taken by virtue of, under and according to the pro-
visions of the law of this state now in force in relation to

Right of wftT. the right of way; and when said value or damages are as-
sessed and paid or tendered according to the provisions of
said act, the lands or materials therein described shall be-
come and be vested in said commissioners for the uses and
purposes of said drainage.

'wf^for'nghrof § ^' '^''^ expenses and costs of all damages assessed

w*?. for right of way and for materials used for th^ construc-

tion of ditches, embankments and roads contemplated by
this act, and the expenses of constructing said ditches,
embankments and roads, together with all costs incurred

^i»nd8*bSted? o" account thereof, shall be assessed upon the lands ben-
fited thereby; and the said commioners are hereby empow-
ered to assess the lands which they shall deem benefited
/ by the construction of said ditches, embankments and

roads in proportion to the benefit accruing to tliem, as
nearly as maj be. The commissioners shall make out
two assessment rolls, one for the lands deemed benefited.

637 1856.

situate in Lake county, the other for lands deemed bene-
fited situate in Cook county, on which assessment rolls
the commissioners shall describe the lands on wliicii tiiey
have made assessments and the amount of said assessments;
which assessment rolls they shall deliver over to the county Treasnrer tocoi-
treasurer of Lake and Cook counties to collect the said as-
sessments for the lands lying respectively in their counties,
and they are hereby authorised and directed to collect the
same, and the said assessment rolls or a copy thereof duly
certified tinder the hands of the commissioners shall be a
sufficient warrant to tlie said treasurers to authorise them
respectively to collect the assessments for their respective
'counties.

§ 5. The said assessment shall be a lien upon the lands Assessment to b»
upon which they are made until paid and; in case of refu- iK^'^o'^i'ropery.
sal or neglect on the part of the owner or occupant of
said lands to pay them it shall be the duty of the treasu-
rer of the county where the land lies on which default is Give notice.
made to publish an advertisement in some newspaper
published in his county, at least once in each week for the
space of four weeks previous to the next succeeding term
of the circuit court of said county, of his intentions to
apply to the said circuit court by petition for judgment
against the said lands, particularly describing them; and
the circuit court of Cook and Lake counties are hereby cir«uit court t«
vested with jurisdiction to take cognizance of any such tion^ iT'taW
petition for judgment against lands lying in their respect- cognizance, &.
ive counties; and if upon examination it shall appear that
the said lands are chargeable with said assessments and
that said assessments are not illegal, the said court shall
proceed to render judgment against each piece or parcel
of land mentioned in the petition for the amount of the
assessments made upon it, together with costs of suit, and
shatl direct a special execution to issue upon said judg-
ment against the same, directed to the treasurer of the
county where the lands lie to execute; objections to the
assessments may be made at any time before final judg-
ment; and if upon the hearing of said objection the court
shall regard any portion of said assessments as being un-
just or illegal he shall proceed in a summary manner to
correct them and enter such judgment in the premises as
shall be agreeable to equity and right and v/ith a view to
carry out the object and design of this act.

§ 6. The compensation of the treasurers of Cook and compensatien.
Lake counties for the services required of them under this
act shall be the same as that to which they are now enti-
tled for tlie collection ot state and county taxes.

§ 7. Lands sold under the provisions of this act may Lands may tore-
be redeemed from such sale within the same time and upon ''®«™®''-
the same terms tliat are now prescribed by law in the case
of lands sold for state and county taxes, but if no legal

1865. 638

redemption is made from any such sale then the treasurer
of Cook or Lake county, as the case may be, where the
lands sold shall lie, shall execute and deliver a deed of
said lands sold and not redeemed as by law provided to
the purchaser or purchasers thereof, his or their heirs or
assigns upon the return of the certificate or certificates
of purchase, which deed so executed and delivered by
the treasurer shall absolutely vest all the right, title and
interest of the owner or owners of said lands at the time
of said sale in the purchaser or purchasers thereof, his or
their heirs or assigns.

Taoancies, how § 8. The judgc of the circuit court of Cook county is

atied. hereby authorised and it is made his duty whenever a va-

cancy occurs by the death or resignation of either of the
above named commissioners to appoint a suitable and
competent person to fill the vacancy; and the person
or persons so appointed shall succeed to and be vested
with all the powers, duties and rights conferred by this
act on the commissioners herein named.

Compensation of § 9. The Commissioners are empowered to charge
cwnmissionerp. reasonable compensation for their services rendered in
the prosecution of the work hereby authorised, and to em-
ploy engineers and surveyors to assist them in accomplish-
ing the end hereby designed, if in their opinion such as-
sistance is proper, together with the necessary assistants
and laborers; and all such charges shall be deemed part of
the necessary expenses of said work.

Breet bridges. ^ 10. The commissiouers shall have power and author-
ity to erect and construct suitable bridges over said ditch-
es or embankments at the crossings of highways and
wherever else it shall seem to them expedient and proper,
the expense of which shall be assessed as part of the
costs of the aforesaid improvements and collected in the
manner hereinafter provided.

Body corporate §11. That the commissioucrs named in the first scc-

and politic. ^.^j^ ^j. ^j^-g g^^ ^j^j their successors be and they are here-
by constitued a body corporate and politic, by the name of
"The Cook and Lake County Drainage Company/' and

senrtrai powers, with power to contract and be contracted with, sue and
be sued in that name in all courts and places; and it shall
be the duty of said commissioners and their successors to
keep in good repair all such ditches, embankments, roads
and jridges as may be built and made by them for the pur-
pose of drainage as aforesaid; and all expenses incurred
in making such repairs, and all costs and charges of what-
ever name or nature incurred by the said commissioners
in the prosecution and repairing of said work or in prose-
cuting or defending suits, or in any manner growing out
of their office or duties, the same shall become a lien up-
on the lands by them deemed benefited by such improve-

639 1865.

ments; and the said commissioners are hereby authorised
and empowered as often as they shall find themselves in
want of funds or have incurred expenses for the purposes
aforesaid to proceed to assess the amount and collect the
same in the manner hereinbefore provided.

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

Approved Feb. 12, 1855.

AN ACT to incorporate the Fox River Valley Navigation Company.

Section 1. Be it enacted hy the people of the state of
Illinois^ represented in the General Assembly^ That all
such persons as shall become stockholders agreeable to
the provisions of this act in this corporation hereby crea-
ted shall be and for tiia term of fifty years from and after Term of yea"-
the passage of this act shall continue to be a body corpo-
rate and politic, by the name of "The Fox River Valley jj^nie.
Navigation Company," and by that name shall have suc-
cession for the term of years above specified; may sue
and be sued, complain and defend in any court of lav/ or 6«nerai power?
equity; may make and use a common seal and alter the
same at pleasure; may make by-laws, rules and regulations
for the management of property, the regulation of its af-
fairs and for the transfer of its stock, not inconsistent with
the existing laws and the constitution of this state or of the
United States, and may, moreover, appoint such subordi-
nate agents, officers and servants as the business of the
said company may require, prescribe their duties and re-
quire bond for the faithful performance thereof.

§2. That William C. Kimball, M.C. Town, Augustus ,„^^,^,^„„,.
Adams, A. J. Waldron, Milo Smith and Joseph Tefft be
and they are hereby appointed commissioners for the pur-
pose of procuring subscriptions lo the capital stock of said
company, whose duty it shall be to open books for sub- op©ni)e»kg.
scription to the capital stock of said company, giving no-
tice of the time and place when and where said books will
be opened at least twenty days previous thereto by publi-
cation, (one insertion,) in some newspaper published either
in the county of Kane or McHenry. The commissioners
or a majority of them shall attend at the place appointed
for the opening of said books, and shall continue to receive
subscriptions, either personally or by such agents as they
shall appoint for that purpose, until the sum of one thou-
sand dollars shall have been subscribed; and as soon as

18b5.

640

6aplte< Btock .

Coyemmeut.

said sum of one thousand dollars is subscribed the stock-
holders present shall proceed to elect a board of seven di-
rectors. The commissioners or a majority of them acting
as inspectors of said election shall certify the result of such
election, under their hands; which certificate shall be suffi-
cient evidence of the election of the directors therein na-
med. The directors thus elected shall hold their office for
two years and until their successors are elected and qual-
ified.

§ 3. The capital stock of said company shall be fifty
thousand dollars, which shall be divided into shares of fifty
dollars each, and may be increased by the directors of said
company to any sum, not exceeding one hundred and fifty
thousand dollars, if necessary to complete the work herein
authorised; and the same shall be subscribed for and taken
under the direction of the board of directors of said com-
pany, in such time and place and manner as the said di-
rectors shall from time to time direct. The shares in said
company shall be deemed and considered as personal prop-
erty.

§ 4. The affairs of said company shall be managed by
a board of seven directors, to be chosen biennially by the
stockholders fiom among themselves. At all elections for
directors each stockholder shall be entitled to one vote for
each share held by him, and may vote either personally or
by proxy, and a plurality of the votes given at any election
shall determine the choice. The directors shall hold their
office for two years after election and until their succes-
sors are elected and qualified, and shall elect one of their
number president of said board; and in case of any vacan-
cy occurring in said board of directors between elections
the same may be filled by the board at any legal meeting
of the same; and the person so elected to fill the vacancy
shall hold his office until the next meeting of the stock-
holders to elect directors. In case of the absence of the
president of the board the directors shall have power to
elect a president pro tempore, who shall exercise for the
time being all the legal powers of the president of said com-
pany.

§ 5. It shall be lawful for the directors to make calli*
upon the sums subscribed to the capital stock of said com-
pany at such time or timet and in such amounts as they shall
deem proper, giving at least thirty days' notice of each of said
calls in a newspaper published either in the county of Kane
or McHenry; and in case of a failure on the part of any
stockholder to make payment of any call made by said di-
rectors for sixty days after the same shall have been due
the said board of directors are hereby authorised to de-
clare said stock so in arrears and all sums paid thereon
forfeited to said company.

641 1855.

^ 6. The said company are hereby authorised and em- Erect ana main
powered to locate, construct and complete and to main- *^'°'''*™-
tain a dam across the Fox river, at or near the village of
McHenry, or between said village of McHenry and the
foot of Pistakee or Fox lake, in McHenry county — the said
dam to be erected at any hight which the company may
deem advisable, not exceeding ten feet, and to be kept as
a reservoir, to be drawn in low water for the purpose of
increasing the water power and navigation of Fox river —
the water to be used for mills and machinery at or near
the location of said dam at any and all times under the di-
rection of said board of directors.

§ 7. For the purpose of the better navigation of said Navigation.
Fox river or other use of the water of said Fox river the
said company are hereby authorised and empowered to
construct or excavate one or more race or races lead-
ing from said dam to such point or points as may be ne-
cessary for the purpose of propelling machinery or for 'P'
building locks, and to erect or attach thereto all such locks,
flumes or other places for the discharge of tiie water, and
to erect all such houses, shops or other buildings as the
company may deem advisable.

§ 8. The said company are hereby authorised, by them- Tate lanri.
selves, their engineers and agents, to enter upon any lands
for the purpose of making the necessary surveys and ex-
aminations for the location of said dam and other neces-
sary improvements, and to enter upon and take and hold
all lands necessary for the construction of said dam, abut-
ment, race or races, and for the erection of houses, shops
and other buildings and improvements deemed necessary
by the board of directors for the thorough use of the said
dam and water, and also all lands which may be overflow-
ed or in any other way injured in consequence of the
erection of said dam or other necessary work or improve-
ments, first making just and reasonable compensation to «Qmpensation.
the owner for said lands for any damage that may arise
to tl\em from the said improvements; and hi case said com-
pany shall not be able to obtain the title to the lands
which are damaged, converted, used or overflowed by the
erection of said dam, excavation or construction of said
race or races or erection <f said abutments and buildings
or other necessary works or improvements by purchase
or voluntary cession the said company are hereby author-
ised to proceed to ascertain and determine the damages
sustained by such owner or owners in the manner and
upon the principles provided by the ninety second chapter
of the Revised Statutes of this state, entitled " Right of Right of w«y.
Way :" Provided, that after the appraisal of damages, as
provided in said statute, and upon the deposite of the
amount of such appraisal with the judge or clerk of the cir-
55

1855. 642 j

_ ■ _ I

cuit court of the county wherein such lands may be situ- i
ate or with any justice of the peace of said county, the \
said company are hereby authorised to enter upon such t
lands for the construction of said improvements. !

Borrow lunpy. § 9. The Said Company are authorised and empow- j

ered to borrow from time to time such [sum or sums of
money, not exceeding the capital stock of the compa-
ny, as in their discretion may be deemed necessary to aid i
in the construction of said improvements, and to pay any
rate of interest therefor, not exceeding ten per cent., and :
to pledge and mortgage the said improvements and the
appendages or any part thereof or any other property or
effects, rights, credits or franchises of the said company 1
as security for any loan of money and interest thereon,
and to dispose of the bonds issued for such loan at such
rate or on such terms as the board of directors may de-
termine.
T,me of com- § iQ. The Said companv shall be allowed two years
from tiie passage of tins act ior the commencement or the
construction of said improvements, and in case the same
shall not be completed in ten years thereafter the privi-
leges herein granted shall be forfeited.

§ 11. This act shall be deemed and taken as a public
act, and shall be construed beneficially for all purposes
herein specified or intended.
Approved Feb. 15, 1855.

AN ACT to amend an act i nlitled •' An act to incorporate the Chicago
Light ai-d Coke Company."

Section 1. Be it enacted by the people of tiie state
iUiaois, represented in the General Jissemhly, The
Chicago Gas light and Coke Company is hereby author-
ised to increase the capital stock of said company one
million of dollars at such times and in such manner as the
board of directors sliall from time to time direct. Said
company is also authorised to borrow such an amount of
money for the purpose of constructing, carrying on and
completing its works upon such terms as the board of di-
rectors shall judge best, and for such purpose may issue
its bonds and mortgage its property; and all bonds here-
tofore issued for such purpose and all mortgages execuied
to secure the same by said company are hereby legalized.
Said company shall also have the right to purchase and
hold such an amount, in value and extent, of real estate

643 1855.

in the city of Chicago as may be necessary for its busi-
ness and to carry out tiie objects of its incorporation,

§ 2. So much of the act to which this is an amendment
as conflicts with this act is hereby repealed. This act
shall take effect from and after its passage.

Approved Feb. 9, 1855.

AN ACT to incorporate the Freeport Gas Light and Coke Company.

Section 1. Be it enacted by the people of the state of
lllinoiSif represented in the General tdssemhly, That Thom- oorporatnr*.
as J. Turner, E. Howard Hyde, Wra. D. Fisher, Luther
W. Black, Richard Earl and their associates be and they
are hereby created a body politic and corporate, with
perpetual .succession, by the name and style of " The Free- ^^^'^- '"<3 style.
port Gas Light and Coke Company," and by that name
they and their successors shall be capable in law of con-
tracting and being contracted with, suing and being sued, <5^enerai powers.
defending and being defende.^ in all courts and places and
in all matteis whatsoever, with full power to acquire,
hold, occupy and enjoy all such real and personal estate
as may be necessary and proper for the construction, ex-
tension and usefulness of the works of said company and
for the management and good government of the same.
They shall have a common seal, and the same may alter,
break and renew at pleasure.

§ 2. The corporation hereby created shall have full JianuMcture aM
power and authority to manufacture and sell gas, to be ^''" '^^•''' *" - •
made from any or all of the substances or a combination
thereof, from which inflammable gas is usually obtained, and
to be used for the purpose of lighting the city of Freeport
or the streets thereof and any buildings, manufactories,
public places or houses therein, and to erect all necessa-
ry works and apparatus, and to lay pipes for the purpose
of conducting the gas in any of the streets or avenues of
said city : Provided, that no permanent injury or damage proviso.
shall be done to any street, lane, alley or highway in said
city.

§ 3. The capital stock of said company shall not ex- oapiui »t«ck.
ceed five hundred thousand dollars, to be divided into
shares of fifty dollars, to be subscribed for and paid in
such proportions as shall be prescribed by the by-laws and
rules for regulating the concerns of said company.

§ 4. The corporation hereby created shall prescribe By-iaw*.
by-laws and rules for regulating the concerns of said com-

\>id^. 644

pany; the arrangement and disposition of the stock, pro-
pertj' and estate of the company; the duties of officers,
artificers and agents to be empioyedj the number and elec-
tion of officers and directors, and all such matters as ap-^,
pertain to the concerns of the company. i

BxciusiT* rigtt. § 5. The Said corporation shall have the exclusivcB
privilege of supplying the city of Freeport and its inhabJ^
* itants with gas, for the purpose of affording light, for thir
ty years from and after the passage of this act.
Approved Feb. 14, 1855.

la force Feb. M, AN ACT to incorj'Orate the Alton Gus Light and Coke Company.
1866.

Section 1. Be it enac/ed hy the people nf the state c^
Illinois, represented in the General Ifissemhly , That Sam

sorpwatort. ucl A. Buckmaster, George T. Brown, Richard S. Met
calf, Carles Sawyer, Henry Davis, Edward Keating, Henry
S. Baker, Daniel Ryan and John Cook and their asso
ciates, successors, heirs and assigns be and they are here
by created a body corporate and politic, with perpetual

jfwne andstyu. successiou, by the name and style of " The Alton Gaa
Light and Coke Company," and by that name they anid

General powere. their sp.ccessors shall be capable inlaw of contracting and
being contracted with, suing and being sued, defendini
and being defended in all courts and places and in all
matters whatsoever, with full power to acquire, hold, oC
cupy and enjoy all such real and personal estate as may
be necessary and proper for the construction, extension
and usefdlness of the works of said company at:d f )r the
management and good government of the same, and they
may have a common seal, and the same may alter, break
and renew at pleasure.

sfBkeandieiigag § 2. The Corporation hereby created shall have ful
power and authority to manufacture and sell gas, to be
made from any or all of the substances or a combinatior
thereof from which inflammable gas is usually obtained, anc
to be used for the purpose of lighting the city of Alton o
the streets thereof and any buildings, manufactories, pub
lie places or houses therein contained, and to erect al
necessary works and apparatus, and to lay pipes for th
purpose of conducting the gas in any of the streets o

proTiio. avenues of said city : Provided, that no permanent injur

or (iaaiage shall be done to any street, lane or highway i
.laid city. The real estate which this corporation is enti

645 1855.

[tied to hold shall not exceed in value seventy-five thou-
sand dollars.

§ 3. The capital stock of said company shall not ex- capital ?t<.ck.
ceed three hundred thousand dollars, to be divided into
shares of fifty dollars each, to be subscribed for and paid
in such proportions as shall be prescribed by the laws and
jrules for regulating the concerns of said company as they
I shall think proper and necessary respecting the manage-
ment and disposition of the stock, property and estate of
{said company; the duties of the oiiicers, artificers and
I agents to be employed; the number and election of direc-
ttors, and all such matters as appertain to the concerns of
[said company. Said company shall have the exclusive ExciusiT^ right,
fright and privilege of supplying the city of Alton and its
(inhabitants with gas, for the purpo^je of affording light, for
I thirty years, and may borrow money, loan surplus funds
I they may have on hand and take mortgage or mortgages
on real estate to secure the payment of the same.

§ 4. This act to take effect from and after its passage.
Approved Feb. 14, 1855.

AN ACT to iQcorporatfi the Waukegan Gai Light and Coke Company, in farce Feb. 14j

1859.

Section 1. Be it enacted by the people of the state oj
Illinois J represented in the General Assembly^ That Clark
W. Upton, Henry W. Blodgett, Daniel O. Dickinson, Ro- ooiporato-s.
bert Douglass and William C. Tiffany and their associates
be and they are hereby created a body politic and corpo-
rate, with perpetual succession, by the name and style of
" The Waukegan Gas Light and Coke Company," and Nam^aiii! mvic.
by that name they and tiieir successors shall be capa-
ble in law of contracting and being contracted with, suing Powii?.
and being sued, defending and being defended in all courts
and places and in all matters whatsoever, with full powers
to acquire, hold, occupy and enjoy ail such real and per-
sonal estate as may be necessary and proper for the con-
struction, extension and usefulness of the works of said
company and for the management and good government of
the same; and they may have a common seal, wliich they
may break or renew at pleasure.

§ 2. The corporation hereby created shall have full ^ske ami s«ii ,'«>
power and authority to manufacture and sell gas, to be
made from any and all substances and combinations from
which inflammable gas can be obtained, and to be used for
the purpose of lighting the town of Waukegan, in the
county of Lake, or the streets thereof, and any buildings,

1855.

646

Capital stock.

Sy-iaws.

manufa/;tories, public places or houses therein contained,
and to erect, with the consent of the authority of the town,
all necessary works and appurtenances, and to lay pipes for
the purpose of conducting or distributing said gas in any or
all of the streets, avenaes or alleys of said town : Provided,
that no permanent injury shall be done to any of said streets,
avenues or alleys by the laying of said pipes : >dnd provi-
ded^Jurther, that the corporation hereby created shall on-
ly hold such real estate as shall be necessary and indis-
pensable for the purposes of said company, and the value
of said real estate shall not exceed seventy-five thousand
dollars.

§ 3. The capital stock of said company shall not ex-
ceed the sum of three hundred thousand dollars, and shall
be divided into shares of one hundred dollars each, to be
subscribed and paid in such manner and in such propor-
tions as shall be prescribed by the by-laws and rules of
said corporation.

§ 4. Said corporation is hereby authorised to make all
such rules, by-laws and regulations, (not inconsistent with
the laws of this state, ) as they shall think proper and neces-
sary respecting the management and disposition of the
stock, property and estate of said company; the duties of
the officers, artificers and agents to be employed; the num-
ber and election of directors, and all such matters as ap-
pertain to the interests and concerns of said corporation;
and said corporation shall have the exclusive privilege of
supplying said town of Waukegan and its inhabitants with
gas for the purpose of affording light, for the period of
twenty years from and after the passage of this act.

§ 5. This act shall take effect and be in force frum and'
after its passage.

Approved Feb. 14, 1855,

AN ACT to incorporate the Jacksonville Gas Light aoA Coke Company

Section 1. Be it enacted by the people of the state of
Illinois^ represented in the General Jissemhly^ That Wil-
»diporatoris. Ham B. Warren, William Brown, E. R. Elliott, James
Berdan, David A. Smith, Abner Yates and their associates
be and they are hereby created a body politic and corpo-
rate, with perpetual succession, by the name and style of
Na.ae and .tyie. c; The Jacksonville Gas Light and Coke Company;" and
'Senerai rowers, by that name they and their successors shall be capable in
law of contracting and being contracted with, suing and

647 M65.

being sued, defending and being defended in all courts
and places and in all matters whatsoever, with full power
to acquire, hold, occupy and enjoy all such real and per-
sonal estate as may be necessary and proper for the con-
struction, extension and usefulness of the works of said
company and for the management and good government
of the same; and they may have a common seal, and the
same may alter, brea': and renew at pleasure.

§ 2. The corporation hereby created shall have full ^Z^^'J::^^^
power and authority to manufacture and sell gass, to be Ra^*
made from any and all the substances or a combination
thereof from which inflammable gas is usually obtained,
and to be used for the purpose of lighting the town of
Jacksonville or the streets thereof and any buildings,
manufactories, public places or houses therein contained,
and erect all necessary work and apparatus, and to lay
pipes for the purpose of conducting the gas in any of the
streets or avenues of said town : Provided^ that no per-
ma.;en^ injury or damage shall be done to any street, lane
or ;;ii^hway in said town. The real estate which this
corporation is entitled to hold sliall not exceed in value
se'v :nty-five thousand dollars.

^ 3. The capital stock of said company shall not ex- CapstaistoKk.
ceed two hundred thousand dollars, to be subscribed for
and paid in such proportions as shall be prescribed by the
by-laws and rules of said company; which said company,
when organised, shall have power to make such by-laws,
rules and regulations for conducting the works, the elec-
tion of directors and the management of said company,
and may appoint such officers, agents and employees and
prescribe the duties of the same as to them may seem ne-
cessary, not inconsistent with the laws of this state. The exciusUo! right
said company shall have the exclusive privilege of supply- wub'gasl"^''' '
ing the town of Jacksonville and its citizei\s with gas, for
the purpose of affording light, for the period of twenty- five
years : Provided^ said company shall light up said town of
Jacksonville with gas light within five years from and af-
ter the passage of this act, in the most approved manner,
and the cost of lighting not to exceed the usual price
charged in Chicago or Springfield.

Approved Feb. 14, 1855.

1855.

648

In force Feb. 13, AN ACT entitled an act to amend "An act to incorporate the Springfield
'S^^' Gas Light Company," approved March 1, 1854.

Section 1. Be it enacted by the people of the state oj
Illinois, represented in the General Assembly •) That the
fourth section of an act entitled "An act to incorporate the
Springfield Gas Light Company," be so amended as to au-
thorise and empower the said company to hold real estate,
not exceeding in value seventy-five thousand dollars, in-
stead of seventy-five hundred dollars, as provided for in
the said fourth section.

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

Approved Feb. 13, 1855.

iK lorce Feb. 15,
1855.

AN ACT to incoiporafe the Cairo Gas Light and Coke Company.

Sorporators.

Section 1 . Be it enacted by the people of the state of Illi-
nois, represented in the General Assembly, Thsii 3. Staats
Taylor, Marmaduke Ensaninger, Bryan Shaunessey, John
A. McClernand, John A. Logan, Cyrus G. Simons and
Robert M. Hundley, their associates, successors, heirs and
assigns, be and they are hereby created a body corporate
and politic, with perpetual succession, by the name and

Nameaaa style, style of "The Cairo Gas Light and Coke Company," and
by that name they and their successors shall be capable in

»Mj era', powers. Jaw of Contracting and being contracted with, suing and
being sued, defending and being defended in all courts and
places and in all matters whatsoever, with full powers to
acquire, hold, occupy and enjoy all such personal and real
estate as may be necessary and proper for the construc-
tion, extension and usefulness of the works of said com-
pany and for the management and good government of the
same; and they may have a common seal, and the same
may alter, break, deface and renew at pleasure.

§ 2. The corporation hereby created shall have full
power and authoiity to manufacture and sell gas and coke,
to be made from any or all of the substances or a combina-
tion thereof from which inflammable gas can be obtained,
and to be used for the purpose of lighting the city of Cairo
or the streets, levees, alleys, embankments, buildings, sta-
tions, depots, manufactories and public places or house.''
therein contained, and to erect all necessary works and
apparatus, and to lay pipes for the purpose of conducting
the gas in any of the streets, alleys, levees, embankments
or avenues of said city without the consent of its common
council : Provided, that no permanent injury or damage

Power to manu-
facture gas and
coke.

649 1S55.

shall be done to any such street, alley, embankment, levee
or avenue or highway of said city : Jind provided^ also, Provuo.
that the real estate which this corporation is entitled to
hold shall not exceed in value one hundred thousand dol-
lars.

§ 3. The capital stock of said company shall not ex- capital sw.is.
ceed three hundred thousand dollars, to be divided into
shares of fifty dollars each, to be subscribed and paid for
in such proportions as shall be prescribed by the by-laws
and rules for regulating the concerns of said company as
they shall think proper and necessary respecting the man-
agement and disposition of the stock, property and estate
of said company; the election of officers, artificers and
agents to be employed; the number and selection of direc-
tors, and all such matters as appertain to the concerns of
said company. Said company shall have the exclusive
privilege of supplying the city of Cairo and its inhabitants
with gas and coke, for the purpose of affording light, for
twenty years.

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

Approved Feb. 15, 1855.

AN ACT to incorporate the Equality Salt Company. Iniorae I«k. 14.

1808.

Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Jissembly, That Chalon
Guard, Abner Flanders, senior, John L. Campbell, Brough- oorporaten.
ton Temple, Andrew McCallen, Stephen R. Rowan and Jo-
seph J. Cattle and their associates, successors and assigns
be and they are hereby created a body politic and corpo-
rate, under the name and style of "The Equality Salt Com- Name and styu.
pany," with powers to contract and be contracted with, Gensraipowsrt.
sue and be sued in all courts and places; to organize such
company by the appointment of a president and such other of-
ficers as they may deem necessary; to have a common seal
and to alter the same; to make such by-laws, rules and reg-
ulations as they may deem necessary from time to time for
the government, management and prosecution of the busi-
ness of said company; to dig, bore and mine for salt water,
coal and other minerals, and to manufacture, sell and trans-
port the products of their wells and mines; to establish and
carry on the cooperage business, and with all other pow-
ers necessary and adequate to promote the prosecution of
their business.

1856.

\
650

Power to con-
«truct wagon
ways, &c.

Appuiut agcatg.

lliipiUl iteok.

lu(lebtedne«s.

§ 2. The said company may receive, buy and hold sucti
real estate, mining rights and rights of way as may be deem-
ed necessary by them to the successful prosecution of their
business.

§ 3. The said company shall have power to lay out and
construct such wagon ways, plank roads, railroads and ap-
purtenances thereto on and from the lands of said compa-
ny to such points on the Saline river and the Shawneetown
and Equality Piank Road Company as they may deem prop-
er to transport their property, and improve the landing on
the Saline river, adjoining their own property, by building
wharves or piers : Provided, such improvements do not
obstruct the free navigation of said river.

§ 4. The said company may appoint and employ such
agents as may be required by them and define the powers
anU prescribe the duties of such agents.

§ 5. The capital stock of said company shall be seven-
ty-five thousand doUars, with power to increase the same
to any siim, not exceeding three hundred thousand dollars.

§ 6. The indebtedness of said company shall not exceed
at any one time one-half the assessed value of their prop-
erty in this state. This act shall take effect from and af-
ter its passage.

Approved Feb. 15, 1855.

^•rporators.

AN ACT to incorporate the Bloomington Gas Light and Coke Company.

Section I. Be U enacted by the people of the state of
Illinois, represented in the General Jissemhly, That Henry
Parkins, James H. Robinson, James Miller, Kersey H. Fell,
J. R. Freese and Jesse W. Fell and their associates be and
they are hereby created a body politic and corporate, with

xam* mA. style, perpetual succcssiou, by the name and style of "The Bloom-
ington Gas Light and Coke Company," and by that name they

a»B6t»i powers, and their successors shall 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
whatsoever, with full powers to acquire, hold, occupy and
enjoy all such real and personal estate as may be necessary
and proper for the construction, extension and usefulness of
the works of said company, and for the management and
good government of the same; and they may have a common
seal, and the same may alter, break and renew at pleasure.
§ 2. The corporation hereby created shall have full pow-
er and authority, to manufacture and sell gas, to be made
from any or all of the substances or a combination thereof,
from which inflammable gas is usually obtained, and to be

Ok^cQte and pow'
•rs.

651 1855.

used for the purpose of lighting the city of Bloomington or
the streets thereof and any buildings, manufactories, public
places or houses therein contained, and to erect all neces-
sary works and apparatus, and to lay pipes for the purpose
of conducting (with the consent of the city authority,) the
gas in any of the streets or avenues of said city : Provided,^
that no permanent injury or damage shall be done to any
street, lane or highway in said city. The real estate which
this corporation is entitled to hold shall not exceed in val-
ue, exclusive of improvements erected thereon, five thou-
gand dollars.

§ 3. The capital stock of said company shall not ex- capital sto«k.
ceed one hundred thousand dollars, to be subscribed for and
paid in in such proportions as shall be prescribed by the
by-laws and rules for regulating the concerns of said com-
pany as they shall think proper and necessary respecting
the management and disposition of the stock, property and
estate of said company, the duties of the officers and agents
to be employed, the number and election of directors, and
all such matters as appertain to the cO) cerns of said com-
pany. Said company shall have the exclusive privilege of
supplying the city of Bloomington and its inhabitants with
gas, for the purpose of affording light, for twenty-five
years.

Approved Feb. 14, 1855.

AN ACT to incorporate the Moline Water Power and Manufacturing Com- m force s-eb. u,

pany. -95«.

Section 1. Be it enacted hy the people of the state of
Ulinois^representedinthe General %fisse'mhly^ That Charles
Atkinson, John Dean, Oliver Chamberlin, William A. oorporatorg.
Nourse, S. P. Hodges, S. M. Edgell and A. B. Norriss
and their associates are hereby constitued and appointed
and declared a body corporate and politic, by the name
and style of "The Moline Water Power and Manufactu- Name and «tyi«,
ring Company," and by that name shall have succession
for fifty years; shall have power to sue and be sued, plead
and be impleaded, and to buy, sell, hold and own real es-
tate, and do all other acts herein authorised as fully as
natural persons might or could do : Provided,, nothing
herein"contained shall be so construed as to conflict with
the laws of this state or of the United States.

§ 2. The said company may hold, own and control the Hold andeontr»j
water power and dam at Moline, and improvements con- ^'''"•'°'^"'
neeted therewith or any part thereof, together with all

1866.

652

Capital stock.

AaaiiAi eieoHoD.

Qatrant.

Borrow money.

the rights and privileges accruing therefrom or in anywise
appertaining thereto ; may manufacture cotton, wool,
hemp, flax, machinery, lumber and such other articles as
they may choose; may buy and sell merchandise, and make
such improvements as they may deem necessary either
for manufacturing or otherwise, or for leasing or selling
power or machinery.

§ 3. The capital stock may be fixed by the by-laws of
the company and be increased as they may deem necessa-
ry, but shall at no time exceed three hundred thousand
dollars, and shall be divided into shares of fifty dollars
each, and be regarded as personal property and be paid
in in such installments and at such times and under such
regulations as may be provided by the by-laws, and shall
be assignable on the books of the company; but no assign-
ment or transfer shall be made on the books of the com-
pany by any stockliolder indebted at the time to the com-
pany until such debt is paid or secured. These incorpo-
rators or a majority of them may take such measures as
they may deem proper for opening subscription books un-
der this act, but shall organise and commence operations
within one year from the passage of this act. Each
share shall be entitled to one vote, either by the owner
thereof or by proxy duly authorised. The government
and direction of the affairs of this company shall be vest-
ed in a board of directors to be elected by the stockhold-
ers from among themselves and who shall make and adopt
such by-laws as they may deem expedient for the purpose
of regulating the affairs of said company.

§ 4. The annual election for directors shall be the first
Wednesday of May of each year; but if it should happen
that such election should not be holden on that day, this
corporation shall not for that reason be dissolved but it
may be held at any subsequent time by giving four weeks
public notice thereof in some newspaper published in said
county. As soon as practicable after election of directors
they shall meet and adopt their by-laws and elect such offi-
cers from among themselves as they may deem expedient for
the management of the business of the company. At
meetings of directors a majority shall constitute a quorum
for doing business. All bonds and title papers for real es-
tate shall be executed to the general agent or president
of this company or their successors in office for the use
of the stockholders. This company may borrow money
for carrying on business or making improvements not to
exceed half the amount of capital stock at the time sub-
scribed and issue bonds for that purpose of such denomi-
nation, at such rates of interest, and in such forms as they
shall determine upon and deem most expedient, and may
mortgage or in any manner pledge corporate property and

653 1865.

rights to secure payment for indebtedness in the same
manner as natural persons might or could do, and shall
have a company seal which they may alter or exchange at
pleasure.

§ 5. For the purpose of carrying out the provisions Eeaiestat*.
of this act either in prosecuting their business or impro-
ving the water power this company may enter upon and
take real estate or materials, by first appraising and ma-
king payment or tendering payment therefor, in the same
manner as is provided for condemning and appraising lands
for right of way by the general laws of this state con-
cerning right of way.

§ 6. This act sliall be deemed and taken as a public
act in all courts of justice in this statfe and shall take ef-
fect and be in force from and after its passage.

Approved Feb. 14, 1855.

AN ACT to incorporate the Rockford Gas Light and Coke Company. in force Beb..i5,

1859,

Section 1. Be it enacted by the people uf the state of
Illinois^ represented in the General Jissemhly^ That Simon
M. Preston, Wm. Lyman, John Piatt, Henry ,Fisher, Jesse corpo»a»or».,
Blinn and their associates, successors, heirs and assigns
be and they are hereby created a body corporate and pol-
itic, by the name and style of "The Rockford Gas Light and Nan»e and siyie.
Coke Company," and by that name they and their succes-
sors shall have perpetual succession, and be capable in law
of contracting and being contracted with, of suing and be- General powws.
ing sued, defending and being defended in all courts and
places in all matters whatsoever, with full power to ac-
quire, hold, occupy and enjoy all such real estate in fee
simple or otherwise and all personal property necessary for
the construction, extension and use of said company, and
for the management, use and good government of the same;
to have a common seal, and the same to alter, break or
renew at pleasure.

§ 2. The corporation hereby created, when organized, aoTemmtBi.
shall be under the direction of five directors, all stockhold-
ers in said company, one of whom shall be elected presi-
dent. The directors shall have power to make such by-
laws, rules and regulations for conducting the works, the
election of directors and the affairs of the company, and
may appoint such officers, agents and ejnployees and pre-
scribe the duties of the same, as to them may seem neces-
sary, not inconsistent with the laws of the state.

1855. 654

Capita! stock. § 3, The Capital stock of said company shall not ex-

ceed three hundred thousand dollars, divided into shareg
of fifty dollars each, to be subscribed and paid for as may
be prescribed by the corporators abovenamed or their suc-
cessors or assigns.

Objects. § 4. The corporation hereby created shall have full

power and authority to manufacture and sell ^as, to be
made from any and all substances or combinations thereof
from which inflammable gas is or hereafter may be obtain-
ed, and to be used for the purpose of lighting the city of
Rockford and suburbs and streets thereof and any build-
ings, manufactories, public places or houses therein con-
tained, and to erect all necessary works and apparatus, and
lay pipes for conducting the gas in any of the streets, av-

FioTi8o. enues, lanes or alleys of said city or suburbs : Provided,

that no permanent injury be done to any such lane, street,
avenue or alley; to hold real estate not exceeding in value
seventy five hundred dollars. The said comp ny shall
have the exclusive privilege of supplying the city and
suburbs and their inhabitants with gas for purpose of af-
fording light for twenty-five years.

BeceiTe proposals § 5. Be it JuHher enacted. That the corporators men-
tioned in the act may receive all such proposals as shall
be made by any association of individurls for supplying
the city of Rockford, the citizens thereof, and the county
buildings and offices with gas, stating in such proposals
the price at which it shall be furnished and the quantity
thereof and the time in which the work shall be commen-
ced and finished, and may award this charter to such asso-
ciation which in their judgment shall be most advantageous

Previse. to tlie public : Provided, such company or association shall

enter into bonds, with good security, for such sum as may
be designated by said named corporators, to comply with
the terras and conditions so offered; and on the acceptance
of said terms and the execution of such bond the said as-
sociation shall become incorporated and invested with all
the rights and privileges conferred by this charter, and
shall supercede the corporation herein named, but shall
never be allowed to charge any higher rates for gas than
is mentioned in their said proposition.

Open books. ^ 6. Should no proposition be accepted then said cor-

porators, having first given in a public newspaper printed
in Rockford, twenty days' previous notice of the time and
place to open the books of subscription for the capital stock
of said company in the city of Rockford, and to keep the
same open until such an amount of capital stock has been
subscribed as said corporators may direct by a majority of
same, in meeting held for said purpose, givmg preference
in subscriptions to the citizens of Rockford, and reducing
their subscriptions pro rata if more than the amount thus

655 1855.

designated shall be subscribed in one day; and when the
whole of said amount shall be subscribed said subscribers
shall become a corporation, as herein provided, in lieu ot
the corporators herein named, and be clothed with all the
privileges, powers and rights conferred by this act, but
shall never be allowed to charge for gas at any greater rate
than shall be designated by the corporators of this act at
the time of opening the books for subscription to the cap-
ital stock, and shall put their said gas works in operation
in a reasonable time or the charter shall be forfeited.

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

Approved Feb. 15, 1855.

AN AC r to enable Stephen S. Taylor, of Pike county, to peddle goods in inferce Feb. 14,
thf state of Illinois. 1855.

Section 1. Be it enacted by the people of the state oj
Illinois, represented in the General Jissembly, That Ste-
phen S. Taylor, of Pike county, Illinois, shall be entitled
to have a state license granted to him by the proper au-
thority of the state to peddle goods, wares and merchan-
dise anywhere in the state, free of charge, for the term of
two years : Provided, that the abovenamed Stepen S. Tay-
lor shall be allowed, under the license herein granted, to
transact business upon a'capital of not more than five hun-
dred dollars : Provided, further, that the abovenamed per-
son shall never employ nor have in his service, under or by
virtue of said license, any agent or agents.

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

Approved Feb. 14, 1855.

AN ACT to establish a ferry across the Illinois river. In force Feb. 16.

1886.

Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly, That Benja-
min Newell, his heirs and assigns, be empowered and au- Ferry,
thorised to run a steam or horse ferry across the Illinois
river, for the purpose of carrying freight and passengers,
from the town of Trenton, situate on southwest quarter of
section thirty- five, township sixteen, range ten, running
down and across the river, to the shore on section ten, (sec.
10,) township fifteen, range ten, in Putnam county.

1855. 656

§ 2. The said Newell shall be governed by the law reg-
ulating ferries and ferrj^ boats : Provided^ the said Newell
shall commence, running said ferry by the first of July,
1856.

§ 3. The said Newell shall be entitled to receive, as
rates, twice the amount allowed by law to the ferry which
crosses at Hennepin, in Putnam county.

§ 4. Tliis act to take effect and be in force from and
after its passage.

Approved Feb. 15, 1855.

In fore«Peb. 1ft, AN ACT to amend an act entitled "An act to incorporate the Saline Coal
^^^^' and Manufacturing Company," approved January ^8, 1851.

Section 1. Be it enacled by the people of the slate of
Illinois, represented in the General Assembly, Tiiat the
powet toseiirsai Saline Coal and Manufacturing Company shall have pow-
*^***®' er to dispose of tiieir real estate and other property or any

of it, by sale or otherwise, as it may deem expedient, and
may from time to time incur such indebtedness as it may
deem necessary for the successful prosecution of its busi-
ness, and may issue bonds therefor, payable at such time
or times as it may deem proper, bearing interest, not ex-
ceeding a rate of ten per cent, per annum, and may secure
the payment of any or all of such bonds by mortgage or
mortgages of any or all of its real or personal estate, and
it may be lawful for the meetings of the stockholders, offi-
cers or directors of said company to be held within or with-
out the state, at such times or places as it may determine
upon in its by-laws.

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

Approved Feb. 16, 1855.

In force Feb. 16. AN ACT to extend the jurisdiction of ttie county courlsi of Grundy and
18^' Livingston counties.

Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Jlssernbly, That the
.TitrisdictiM con- couuty courts of the counties of Livingston aud Grundy
ferred. counties, in addition to the powers and jurisdiction here-

tofore conferred by law upon them, shall have the same

657 1855.

jurisdiction and the same power in their respective cou -
ties whicli was conferred upon the county courts of La
Salle, Winnebaf^o, Boone and McHenry county by an act
entitled " An act to amend an act establistiing county
courts," approved February 12th, 1849, and "extending
the jurisdiction of the La Salle, Winnebago, Boone and
McHenry county courts," approved February 27th, 1854,
and all the provisions of said act sliali apply to the county
courts of Grundy and Livingston counties.

§ 2. The judges of the county courts of said Grundy and
Livingston counties shall iiave the same powers in their re-
spective counties and receive the. same compensation con-
ferred by the act above referred to upon tlie judges of the
county courts of La Salle, Winnebago, Boone and Mc-
Henry counties.

§ 3. This fict to take effect and be in force from and
after its passage.

Approved Feb. 15, 1855.

AN ACT to incorpoiate flie Belleville Mutual Aid Society. in f«ra« Frt. 6,

^ ^ 1855.

Section 1. Be it enacted by the people of the state of
Illinois^ represented in the General ^ssemhly^ That Jacob corporators.
Lehr, president, John Klug, vice president, Michael
Lutz;, 1st secretary, John Freedman, 2d secretary, raid
Miohael Hild, treasurer, of Belleville Mutual Aid Society,
and their successors and otiier present members of that
society, and such other persons as may hereafter be ad^
milted members of said society, according to th« constitu-
tion, rules and regulations thereof, be and they are hereby
created a body politic and corporate, in the city of Belle-
ville, in the county of St. Clair, tinder the name and style
of "The Belleville Mutual Aid Society," for the purpose Name and stjie.
of aiding their members in sickness and distress, and pro-
viding for a decent burial of their dead; and by that name General powers.
shall have perpetual succession, 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 whatso-
ever, and be capable in law of taking and holding by pur-
chase, grant, gift, devise and otherwise, and of selling and
conveying real and personal estate, and to loan the money
and funds of thesociety, and take promissory notes, bonds,
mortgages and ottier evidences of indebtedness to secure
the same; to have and use u common seal and to alter the
same at pleasure; to make, and from time to lime to alter
as they may think proper and expedient, a constitution and
'56

L'aled.

AN ACT lo incorporate the Tnisfees of the Nashville Academy, at Nash-
ville, Washington county, Illinois.

Section 1. Be it enacted hy tlie people of the s^tate of
Illinois, represented in the General Assemhly, That James
Stafford, C. D. Martin, Thomas N. Hynes, D. A. Wallace,
L. D. Skillinor, Hugh Adams, John F. Templeton, J. B.
Sawyer and Norris Ramsey and their successors in of-
fice be and they are liereby constituted Epbody corporate
and politic under the name and style of "The Trustees of
Nashville Academy," and as such shall have perpetual
succession, and may sue and be sued in their corporate
name aforsaid. '■
Powers. § 2. Tiie trustees aforesaid and their successors in of-

fice shall be authorised to exercise all the powers and
privileges that are enjoyed by the trustees of any semina-
ry or institution of learning in this state, not herein limited

Corporntors.

Name and style.

1856. 658

by-laws lor said society, declaring the time o electing the
officers of the society, and the manner thereof, the number
and duties of such officers, and generally such other pro-
visions for tlie good government and existence of the soci-
ety, as to them may seem proper.
Secretary to § ^' The constitutiou, by-law? and proceedings of said

ma^e a record gociety siiall be entered by the secretary of the society in

of bylaws. *^ •^ •' •* ,

a book kept for that purpose, and such book shall be evi-
dence of the matters therein contained in all courts of jus-
tice.
Office where lo- § B. The office and the meeting of the society shall
be kept and held in the city of Belleville, county of St.
Clair; and at all elections each member who is not in ar-
rears with his dues to the society, shall be entitled to vote,
and a majority of all votes cast shall make an election.

§ 4. The members of the society shall be liable to pay
to the society such amount of money at such time and
place as may be fixed bj t!ie constitution or by-lav/s of the
society, and upon a failure to pay the same may be pro-
ceeded against by suit in the name of the society, or their
membership may be declared forfeited at the discretion of
the society. •

§ 5. The society shall rot be dissolved and pu<i, in li-
quidation as long as ten members thereof dissent and wish I
the continuance of the society.

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

Approved Feb. 6, 1855.

659 185§

or otherwise restricted, and shall have and possess all the
powers, riwlits and privileges conferred by chapter 25, di-
vision 2, ot'tiie Revised Statutes of this state, and the sev-
eral acts amendatory thereto.

§ 3. The said trustees, by their aforesaid name, or tiieir p^^.^^ ^^ ^^^^
successors, shall be capable in law to purchase, receive prepcrty.
and hold, to themselves and successors, for the use and
benefit of said academy, any lands or tenements, not ex-
ceeding three hundred and twenty acres of land, or rents,
goods and chattels of what kind soever, which may be giv-
en, bequeatlied to, or purchased by them for the use of
said academy : Provided, that the same shall not exceed ProTiae.
fift}' thousand dollars : And farther provided, that if at any
time they shall own more than three hundred and twenty
acres of land, the excess must be sold within ten years
from the/ time of their coming to the possession of the
same. ^

cS 4. The aforesaid trustees shall meet at Nashville at Trustees to meet

. ' ■^ • 1 i"i'ixi at Nashville.

some convenient time during trie month or April next, and
shall at such meeting divide themselves into three equal
classes, the first of which shall hold the office of trustee
for one year, the second class for two years, and the third
class for three years, and thereafter one third of tlie said
board of trustees shall go out of office every year forever.

§ 5. The said academy shall be and continue under the patronage.
patronage of the presbytery of Kaskaskia," m connexion
with the general assembly of the Presbyterian church in
the United States of America, (popularlv- denominated
"old school;") and whenever any vacancy shall occur in
the said board of trustees by death, removal, resignation
or any other rtisability, such vacancy shall be filled by vacanciei aiied,
said board of trustees, and all vacancies occurring by ex-
piration of terra of office shall be filled by said presbytery:
Provided, that the number of the said board of trustees
may at any time be increased to twelve, and that a major-
ity of the members shall be a quorum to do business; And
provided further, that the prolession of any particular re-
ligious faith shall not be required of those who become
students.

§ 6. The said academy shall be located in the town of where lewted.
Nashville or its immediate vicinity, upon such ground as
the trustees above named shall select; and all the real and
personal estate belonging to or to belong to the said cor-
poration shall be exempt from taxation for any and all
purposes whatever.

§ 7. The said trustees may attach to said institution a common school.
department in which shall be taught such branches as are
usually taught in common schools, and the said trustees
shall be entitled to receive such amount and proportion of
the common schoai fund as is received by other common

1855. 660

roYiM. schools; Provided, that th

said academy are so cond

regulating: co'nmon schools.
Approved Feb. 14, 1855.

he operations and instructions of ;
ucted as to comply witii the laws

AN ACT to authorise the Coi;nty CoMit of Rock Island county to borrow
ir> fi>rie !"eb. ].% nionpv and to levy and collect a special lax to Iflald a jail, a fire-proof
1850. buiWitig, and for other purposes.

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

lUinuis, represented in the General Jlssemhly, That the

Kiukisiandcoim- couiitv court of Rock Island count}' be and are hereb\' au-

ty borrow luon- .1 • > j. i „ r i j- a

fj-. thoriseo to borrow any sum or money not exceeding twen-

ty thousand dollars for a term not exceeding twenty years
at any rate of interest not exceeding ten per cent, per an-
num to be agreed upon, for the purpose of erecting a jail
and fire-proof builiiing in said county.

Epeciaitax. § 2. The Said couiity court, for the purpose of paying

the interest upon sucli loan and re-irabursing the princi-
pal, arc jure by authorised to levy and collect a special
tax upon the property in said county, to be denominated
the "jaii tax," which shall be faithfully ap} lied to the ex-
tinguislnnent of the debt created for the above purposes
and no other.

Jiic-proof buiidi- § 3. The county court of sa!d county are hereby au-
'"^' thorised to hold sessions of said court '\x\. said fire-proof

building after the same shall be erected and completed
should they see proper so to do; and all acts done and or-
ders made by said court during any session held in said
fire-proof building shall be as binding and valfd in law -as
if said court should hold such session or sessions in the
court house.

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

Appro d Feb. 13, 1855.

In forcfiFeb. 14, T to authorize Jonathan C. Willis to build a toll bridge across Mill

*s^' creek, in Pope county.

Section 1. Be it enacted by the people of the state of
Illinois, represented VI the General */lssemhly, ThatJona-
than^G. Willis, and his heirs or assigns, be and they are

d61 1865.

hereby authoi'ized to build a toll bridge across Mill creek, ToUbrmge.

on the road leading from Golconda to Vienna, at or near

Moses Lewis', in Pope county. The site for said bridge

may be selected by tiie said Jonathan C. Willis, his heirs

or assigns * Provided, the construction of said bridge shall Proviso.

be commenced in one year and completed wi*iiin three

years from the passage of this «ct.

§ 2. The said Jonathan C. Willis, his heirs or assigns, Tuiigate.
are hereby authorized after the completion of said bridge ,
to place a toll gate at either end of said bridge, and may
demand toll of any . nd every person crossing said bridge, ?»atesoi; fei|.
as follows, to-w^il : For eaci: head of hogs or sheep, one
cent; for each head of cattle, two cents; for each one-
horse wagon or carriage, five cents; for each two-horse
wagon drawn by horses or oxen, ten cents; for each three-
horse wagon drav/n by horses or oxen, fifteen cents; for
each four-horse wagon drawn by four animals, twenty
cents; for each wagon drawn by six animals, twenty- five
cents; for each lead horse, mule or ass, tv/o cents; for one
horse and rider, five cents; for each footman, two cents.

^ 3. Tiiat the said Jonathan C. Willis, his heirs or as- _ , . ,,

. 1 •! -Ill To erect, suitable

Signs, shall have the right to erect a suitable house at iiouses.
either end of said bridge for the convenience of a collector
of tolls.

§ 4. That the said Jonathan C. Wills, his heirs or as- to keep bridge m
signs, shall at all times after the completion of said bridge, ^^'^^''y^^' ^''^
keep the same in good repair and allow a speedy passage.
And if any person in crossing said bridge shall sustain any
injury or damage either to himself or propertj^, in conse-
quence of said bridge not being kept in good repair, the
proprietor or proj>rietors thereof shall be responsible for
the same in their private property.

§ 5. Any person or persons crossing said bridge with suhject to a mie.
any beast, carriage or other vehicle, in a faster gait than
a walk, shall, for every such offeece, be subject to a fine
of five dollars, to be recovered before any justice of the
peace in an action of debt in the name of the People of the
state of Illinois, said fine when collected to be paid to the
owner or ov/ners of said bridge; and it is hereby exacted,
that the interest the ov/ner or owners of said bridge may
have in prosecuting the suit under this section ^hall not
disqualify him or them, or either of them, from being a
competent witness in the trial of any cause under this sec-
tion : Provided; that notice of the penalty which may be
incurred be posted up at either end of said bridge.

9 6. The said Jonathan C. Willis, his heirs or assigns,
shall have and enjoy the right and privilege conferred by
this act for the term of twenty-five years.

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

Approved Feb. 14, 1855.

1865.

662

»*>fo'c|F«'^-"5 AN ACr to attach townships Nos. 30 ar;Li31.aml two inilps off of th« north
° " side of 1own?liip No. 29 north, ran^e f! fast of thp third principal mpii'l-

ian, of Vermilion counly, to Kinkakf-e county, and make it a part of the
same.

Townships at-
tached.

Tote for or a-
gainst annex-
ing.

El'tlon how con-
ducted.

Clerks to open rc-
turnts.

Section 1. Be it enacted by tJie people of the state of
Illinois, represented in the General Jissembly ^ That town-
ships numbers thirty (30) and thirty-one (31 ), and two
miles off of the nortli side of township number twenty-nine
(29) north, in range nine (9) east of the third principal
meridian, in Vermilion county, be, and the same is liereby
attached to and made a part of Kankakee county : Pro-
vided., tliat a majority of the legal votejis of each of said
Vermilion and Kankakee counties voting on the question,
shall consent thereto in the manner hereinafter provided.

§ 2. The qtialiJied voters of said Vermilion and Kanka-
kee counties may, at an election to be held for that pur-
pose, on the first Monday of June next, vote by ballot for
or against said townships and portion of two miles being
attached to and becoming a part of said Kankakee coun-
ty, upon which balfots shall be written or printed, or part-
ly written and partly printed, "for annexation of townsiiips
30 and 31, &nd two miles off the north side of township
29 north, range 9 east," or "against annexation of town-
ships 30 and 31, and two miles off the north side of town-
ship 29 north, range 9 east," to the county of Kankakee:

§ 3. Said election shall be held in the several towns and
wards of the said Vermilion and Kankakee counties at the
places ior holding the annual town and ward meetings,
and the returns thereof shall be made to the county clerks
of said Vermilion and Kankakee counties respectively, as
returns of election are required by law to be made at gen-
eraj elections for county officers, and within seven days
after such elections.

§ 4. The said county clerks of Vermilion and Kankakee
counties shall open ^mqX\ returns and make abstracts of the
votes for and against the annexation said townships and
part of said township to Kankakee county, and transmit
the same to the auditor of public accounts at Springfield
forthwith; and the auditor, on receipt of such abstracts, shall
immediately notify the county clerk of Kankakee county of
the result of such election; and whether by such vote said
townships and part of township is attached to said Kanka-
kee county, and the clerk of said Kankakee county shall
immediat'-ly make out a notice and deliver the same to
the sheriff of Kankakee county, to be served on the town
clerk of said townships; and the said sheriff shall serve the
same within ten days thereafter, and for which he shall be
allowed and paid out ot the county treasury, five dollars
on the order of the county clerk, who shall draw an order
therefor.

663 1855.

§ 5. The secretary of state shall immediately furnish sheriirtogivoDo-
the clerks of the county courts of said Vermilion and Kan-
kakee counties with a copy of this act after its passage,
and said clerks shall isrue to the sheriffs of said counties
notices of said election, at the same time and in like man-
ner as notices for the election of circuit judges are, which
said notices shall be posted up by said sheriffs, as notices
of other elections are, at least ten days previous to such
election, and shall be entitled to a fee of four dollars
therefor in each of said counties, to be allowed and paid
out of the counfy treasury, on the order cf the clerk of
each county respectively.

§ 6. This act shall take effect from and after its pass-
age and shall be a public act.

Approved Feb. 14, 1855.

AN ACT to amend an acl enliMcci "an act for the improvement of (he navi- la fwoe Feb. 13>
gallon oi Rock river, and for the pioduclioii > If hydraulic power,--' ap- 1^55.

proved February 5, 1^49.

Section 1. Be it enacted by the people of the state of
Itlmois, represented in the General Assemblij ^ That in case
any incorporated company incorporated or organized iin- incorporated
der the provisions of th« act to which this is an amend- o^.tam^lnV^"'^
ment, sliaii desire to obtain from the proprietors or owners
thereof any lands which tjjey may need for the location of
any dams, canals, or races of any kind or description, or
for the location upon, of any bulk-heads, tail-races, head-
gates, buildings, machinery, or other fixtures or appur-
tenances necessary to the use of any water, or to the cre-
ation or use of any water powers they may create, or
desire to create and use under and by virtue uf the act to
which this is an amendment, and shall be unable to obtain
the same by voluntary purchase, grant, assignment or re-
lease, such company shall have the right to, and may
proceed to appropriate such lands to their use and to con-
demn the same, and to have tlie damages sustained by
such owners by reason of such appropriation assessed un-
der and in pursuance of the provisions of the ninety -second
chapter of the Revised Statutes, or under and in pursuance
of the provisions of an act entitled "An act to amend the Kight of way.
law condemning right of way for purposes of internal im-
provement," passed June 22d, 1852, as sucii company
may elect.

18.55. 664

/vand flovred. ^ g. When any such company shall have flowed or shall

desire to flow any lands by reason of the construction of
any dam or other works as aforesaid, and shall be unable
to agree with the owner of such lands as to the amount of
damages caused by such ilowage and to obtain the right
to flow such land as aforesaid by voluntary grant, release,

DamaKesmaybe or purchasc, such Company may, at their option, have
assesseri. siicii damages assessed by writ of ad quod damnum in
pursuance of the statute in that behalf, or they may have
said damages assessed by commissioners appointed for that
purpose upon proceedings adopted by such company in
conformity with the provisions of one or thie other the
acts in the above section last mentioned as they may
elect.

condemnation;of .§ 3. Thc procecdings for tlie condemnation of land
land. g^jj^ fyj. |.j^g assessment of damages, as is in the two iirst

sections of this act provided, shall be the same -in all re-
spects as are required in the act above mentioned, under
which said company may proceed; the number of the com-
missioners shall be the same and shall be appointed in the
same manner, and upon the proceedings in said act pro-
vided, and shall proceed in the same manner required by
said act, shall have the right of taking possession of land
condemned or of flowing land where damages are assessed
upon the terms provided in such act; and all proceedings
urillier this act from the commencement to the close shall
be conducted and carried on \x\ conformity with the pro-
visions and requirements of such of abtive mentioned as
they shall elect to proceed \inder in that behalf.

§ 4. After such assessment of damages and condemna-

'howtoV'o^pe*. tioii of land as above provided shall have been made, the
said company shall be authorized from paying the dam-
ages assessed to take possession of or flow such parcel of
land, and in case of appeal by the owner of such lands, or
any of them, they shall have the right to take such posses-
sion or flow as aforesaid, by giving bonds in twice the
amount assessed, with good security, to be approved by
the county judge of the county wiiere the land may lie, to
pay all such sums of money or damages as may be assessed
against them, on appeal by reason of the appropriation or
flowing of said land; and in case said company shall
v/is!i; to appeal from the decision of such commissioners
they shall be permitted to take possession of or flow such
land, by giving bonds to pay the amount that may be
assessed against them in favor of the owners of said land
on the trial of said appeal in such penalty and with such
sureties as may be approved by the county judge of the
county where such land may lie.

§ 5. Any company incorporated under the act to which
this is an amendment, who shall flow or desire to flow any

665 1855.

lands, may have the damages assessed b}' reason of such May have aaj
flowage in the same manner as is provided in the fourth ^^*®"^^''''
section of an act entitled "An act for the relief of the
Rockford Water Power Company," and the provisions of
said act in respect to the assessment of damages under a
writ of ad quod damnum, shall be applicable to all com-
panies incorporated under the act to which this is an
amendment.

§ 6. This act shall be a public act and shall take effect
from and after its passage.

Approved Feb. 13, 1855.

AN ACT to change the name of John Chestnutwood, and to constitute him
the heir at law of Philip ami Martha Williams.

Section 1. Be it enacted hy the people of the state of
Illinois, represented in the General Assembly, That the
name of John Chestnutwood, of Edgar county, Illinois, Name change.).
(now known as John Williams,) be and the same is hereby
changed to that of John Williams, and by the name of John
Williams he shall hereafter sue and be sued, plead and be
impleaded in all courts and places, and shall be known,
contract and be contracted with by that name.

§ 2. The said John Williams is hereby declared to be Legal heir.
the legal heir at law of his adopted father and mother,
Philip Williams and Martha Williams, of said county of
Edgar, and to have and possess all the rights, powers and
privileges which he could have had and possessed had he
been their own child, born in lawful wedlock.

§ 3. This act shall be in force and take effect from
and after its acceptance by the said Philip Williams and
Martha Williams before the clerk of the county court of
Edgar county. A copy of such acceptance shall be pla-
ced on file in the said clerk's office.

Approved Feb. 9, 1855.

AN ACT to incorporate the Tazewoll County Agricultural Society. in force Feb.

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

Illinois, represented in the General Assembly, That Jo-

siah Sawyer, Robert Hodges, Seth Talbot, Joseph L. Hey-

wood, Joel W. Clark, Henry Shaw, Augustus Ames, AI-

18o5.

666

(ient'ia; powers.

Ljan money,

Corporators. len H. DUlon, Alfred Lowell and such persons as are or
Nanieiuid style, may hereafter become members of "The Tazewell County
Agricultural Society," from and after the passage of this
act, shall be and tliey are hereby constituted a body cor-
porate and politic, by the name and style aforesaid, and by
tijat name they and their successors shall have succession,
and shall in law be capable of contracting and being con-
tracted with, of suing and being sued, pleading and being
impleaded, prosecute and defend in all manner of actions
in law or equity in all courts and places whatsoever where
legeJ proceedings are had; and by that name and style be
capable in law of purchasing or receiving by gift or other-
wise, holding and conveying real and personal estate for
the beuefits of said society : Provided, that said society
sliali not at any one time hold real and personal estate more
than the amount of five thousand dollars.

§ 2. Said society shall have power to loan money be-
longing to the same, and take promissory notes or other
evim;i)i.es for the money so loaned, which may be collect-
ed in their corporate name aforesaid, in all couits and pla-
ces whatsoever wiiere judicial proceedings are had, and in
their corporate name shall have power to sue for and col-
lect all gratuitous subscriptions that are or may hereafter
be made to said society.

§ 3. TJi# said society shall have power to make, alter
and amend such by-laws as are necessary for the carrying
out the objects of the society; also, for the purpose of elect-
ing a president, on<^ vice president, a secretary and trea-
suier and an executive committee of not less than five
members, who shall, respectively, hold their offices for one
year or unttl their successors are elected, and the said of-
ficers so elected be a standing board of managers, with full
power and authority to do all acts and duties necessary to
promote the interests of the society and to carry into ef-
fect the provisions and objects of this act. The election
of its ofiicers shall take place on the last day of the annual
fair, as provided for iu the constitution of the society.

§ 4. The treasurer shall, before entering upon the du-
ties of his office, give a bond to the society, to be kept by
the secretary of the same, with sufficient security, for the
faithful performance of his duties.

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

sage.

iiPPROVED Feb. 9,

1855.

667 1866.

AN ACT to change the name of David Lewis Erwin, and make him heir of In force Feb. 16,
William Bryant. '^•5'''-

Section 1. Be it enacted by the people of the state uj
Illinois^ represented in the General Assembly ^ That the
name of David Lewis Erwin, who is now a resident of Name chanKeu.
Hamilton county, be and the same is hereby changed to
David Eewis Bryant, and by the said name of David Lew*
is Bryant he shall hereafter be forever known and calied.

§ 2. The said David Lewis Bryant shall be and is here- i^gaih-ir.
by made and constituted a legal heir of said William Bry-
ant, with full power and authority to take, hold and enjoy
and transmit any and all property that shall or may descend
to him from said William Bryant, in the same manner as if
he had been a natural born child of said William Bryant :
Provided, tlmt said William Bryant shall first execute, un- Pf^yiso.
der his hand and seal, and acknowledge before the clerk
of the circuit court of Hamilton county and cause to be re-
corded in the recorder's office of said Hamilton county, a
certificate, certifying and acknowledging the said David
Lewis Bryant to be h'S legal heir and adopted son; which
said certificate shall be recorded by the recorder of Ham-
ilton county, the same as deeds and other writings are re-
corded, and certified copies thereof shall be evidence in
all courts and places.

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

Approved Feb. 15, 1855.

AN ACT to authorise the towns and townships 'herein named to levy and "^ force Feb. 16.
collect moneys and expend the same in building a bridge across tht Kan- '®^^"

kakee river, at Wilmington.

Section 1. Be it enacted by the people of the state of
Illinois, represented in the GeneralJissembly, That it shall
be lawful for the legal voters of the towns of Wilmington vote f»r or »-
and Reed, of Will county, and towns of Wapousa, Branville, ^^''"* ***■
Greenfield, of Grundy county, and townships (No. 30) thir-
ty and (31) thirty-one nortn, of range 9 east, in Vermil-
ion county, at their next annual town meeting, to vote for
or against a tax for building a bridge across the Kankakee
river, at Wilmington. Notice of said vote shall be given
by the respective town clerks of towns by posting up writ-
ten or printed notice thereof in three of the most public
places in each of said towns at least ten days prior to said
town meetings.

§ 2. Said vote shall be taken by ballot, upon which shall Tote by bau«t.
be written or printed or partly written and partly printed

1855. 668

"bridge" or "no bridge." Said votes shall be canvassed,
as nearly as maybe, as votes at general elections, and shall
be certified to by the moderators and clerks of said town
meeting and filed in the office of the town clerks of said
towns, respectively.

§ 3. If it shall be found that a majority of the voters of
said towns and townships voting upon tlie question liave vo-
ted in favor of the tax then it shall be the duty of tllfe super-
visors of the towns and townships voting in favor of said tax
to proceed and locate said bridge at Wilmington, to deter-
mine the plan and to contract for the construction of the
same, to the best of their knowledge and ability, at an ex-
pense not exceeding the amount which a tax of one per
cent, per annum for three years will raise upon the valua-
tion of said towns and townships for the current year of
1855.

rax, how collect- § 4. Said tax to be collected in the same manner as
*^" other taxes are collected, except it shall all be paid in mo-

ney only. The collector shall receive the same compen-
sation as they now receive for collecting general taxes.
Said tax shall be paid over by the collector, when collect-
ed, upon the order of said supervisors.

j'ree bridge, § 5. Said bridge, when completed, shall be a public

free bridge, and shall be kept in repair the same as though
it were a town bridge.

B.j<iy p<Mit!c and § 6. That the said supervisors and their successors in
office shall and are hereby constituted and declared a bo-
dy corporate, under the corporate name of "The Kanka-
kee Bridge Company," and by that name may sue and be
sued, contract and be contracted with, buy, sell and hold
real and personal property sufficient to carry out the pro-
visions of this bill

§ 7. Should the town of Wilmington fail to levy a tax
then this act to be void. This act shall be in farce from
and after its passage.

Approved Feb. i5, 1855.

';orporate.

Ill force Feb. 14, AN ACT to iucorporate Woodland Home for Orplians and Friendless.

1856.

Whereas a number of ladies of the city of Quincy, Illi-
nois, impelled by a benevolent desire to contribute to
the welfare and happiness of the destitute widows and
orphans of said city, have by their voluntary exertions
purchased five acres of ground adjacent to said city, on
which they are desirous of erecting buildings suitable
for a home for such indigent, destitute and friendless

669^ 1855.

persons where their wants and necessities, mental, mor-
al and physical, may be ministered to and relieved; and
whereas such ends can be efficiently attained only
through the instrumentality of an incorporation, there-
fore,

Section 1. Be it enadedby the people of the state oj Illi-
nois, represented in the General *dssemhly, That John oarporatorif.
Wood, Samuel Holmes, Newton Flagg, Frederic Collins,
Elijah Gove, John Blatcliford, Charles A. Savage, John
Wheeler, Hiram Rogers, Nathaniel Pease, Joel Rice, Wil-
lard Keys, John W. McFadden, William Caldwell and
Orville H. Browning be and they are hereby declared and
constituted a body politic and corporate und«r the name
and style of "Woodland Home for Orphans and Friend-
less," and by that name shall have perpetual succession GeoemipoweM,
with power in and by such name to sue and be sued, plead
and be impleaded, answer and be answered unto, and
prosecute and defend in all manner of actions at law or in
equity in all courts whatsoever and in all matters and
places wiiere legal and equitable proceedings are had; 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 money and funds of
said corporation and to take promissory notes, bonds,
mortgages or other evidences of indebtedness for the mon-
ey so loaned; and to have and use a common seal and to
alter the same at pleasure, and until a common seal shall
be provided to authenticate official acts by and under the
private seal of the president of said corporation; and to
make and from time to time alter as they may deem prop-
er and expedient a constitution and by-laws for said cor-
poration, declaring the purposes and defining the powers
of said corporation, the times of election and manner
thereof for the officers and by whom they shall be elected,
and the number and duties of such officers, and generally
such other provisions tor the good government and exist-
ence of such corporation as they may deem necessary :
Provided, such constitution and by-laws shall not conflict
with the constitution and laws of the United States or of
this state, which said constitution and by-laws of said cor-
poration when recorded in the records thereof shall be in
full force, and on the production and proof thereof such
records shall be received as evidence of the facts therein
stated in all courts of justice and upon all lawful occa-
sions.

§ 2. The personal property of said corporation shall Personal proper-
not be appropriated otherwise than for the benefit of said %m. "''^'*'
corporation, the improvement of its real estate and such
benevolent purposes and in such manner as shall be de-

!855. 670

clared, provided for and directed in the constitution or
by-laws hereinbefore authorised to be made.

6 3. The office and meetings of said corporation shall
be kept and held in the said city of Quincy; and this act
shall be deemed a public act and shall be in force from
and after its passage.

Approved Feb. 14, 1855.

la force Fe*. 12, AN ACT to authorise the Board of Supervisors of Peoria county to bor-
'^^^- row money and to levy aud collect a special tax.

Section 1. Be it enacted hy the -people of the State of
Illinois^ represented in the General Assembly^ That the
board of supervisors of Peoria county be and they are
^;un h luse. hereby authorised and empowered to build a court house
and such other buildings as they may deem necessary for
the use of said county of Peoria.
Hoai 1 04 supefTi- ?i2. That for the purpose of providinij the necessary
to borrow mon- means to crcct and pay ior such buildings or either of
*^' them, it shall be lawful for said board of supervisors in

their discretion to borrow any sura of money not exceed-
ing seventy-five thousand dollars, for any term of time not
exceeding twenty years, at any rate of interest not ex-
ceeding ten per cent., and to issue bonds or other obliga-
tions therefor under the seal of the county court of said
county, signed by the chairman of said board of supervi-
sors or his successor in office and countersigned by the
clerk of said board or his successor in office, wiiich bonds
or other obligations when so issued shall be valid and
binding on said county of Peoria.
Tot«tobetiken. § 3. Said board of supervisors or their successors in
office are hereby authorised and empowered to levy and
collect a special tax upon all the taxable property in the
county of Peoria not exceeding thirty cents on each hun-
dred dollars wor^h of taxable property in each and every
year. Said tax shall be levied and collected at the same
time and in the same manner that other taxes of stiid
county are collected, and when collected shall be applied
by said board of supervisors or their successors in office
to the payment of said bonds or other obligations and the
interest thereon, or expended in the erection and comple-
tion of said court house and other buildings and to no oth-
er purpose whatever.

§ 4. This act shall take effect and be in force only in
case a majority of the voters of Peoria county as hereinaf-
ter mentioned at the next general election in said county

671 1855.

shall so decide by a majority of the votes polled at said
election for determining that question. Two columns
shali be opened on the poll books, one "for borrowing
money and a special tax to build a court house;" and one
for " against borrowing money and a special tax to build a
court house," and a majority of the votes polled for or
against the measure shall determine whether this law shall
or shall not take effect.

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

Approved Feb. 12, 1855.

AN ACT to incorporate the E.igar County Agricultural Society.

Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Jissemhly ^ That Silas ooTporat.rs,
H. Elliott, Leander Munsell, Benjamin F. Lodge, John
Ten Brook, James M. Blackburn, Marshall N, Blackman,
Sheridan P. Read and John A. Steele and such other per-
sons as are or may hereafter become members of "The Ed-
gar County Agricultural Society," shall be and they are Kanu aid.trie.
hereby constituted a body corporate by the name and
style aforesaid, and by said name shall have perpetual suc-
cession and shall be capable of contracting and being con-
tracted with, suing and being sued, of pleading and being
impleaded, answering and being answered in all courts of
law and equity in this state; may have a common seal,
which they may change or alter at pleasure, and may by
their corporate name acquire by purchase or otherwise
and hold real estate not exceeding in quantity at any time
one hundred and sixty acres.

§ 2. Said corporation shall have power to loan money Fowe,- to io»r.
at such rates of interest as are allov/ed by law to be taken "^""«>-
by natural persons and take promissory notes or other ev-
idences of indebtedness for the same, which may be col-
lected in any courts of this state, and in their corporate
name shall have power to sue for and collect all gratuit-
ous subscriptions that are or hereafter may be made to
said corporation.

§ 3. The members of said corporation shall hold a Me«ti!i .
meeting at the town of Paris, Edgar county, on the first
Saturday of December, A. D. 1855, and forever thereafter
at said place on said day annually, at which meetings they
may make such by-laws as may be necessary for tlie reg- By- n.>.
ulation and government of the corporation, not conflicting
with this act nor with the constitution and laws of this

1855. 672

state nor of the United States; and at such annual meetings
jiiect officers. there shall be elected as officers of said society, one pres-
ident, five vice presidents, one recording secretary, one
corresponding secretary and one treasurer, who shall re-
spectively hold their offices for one year from the time of
their election and until their successors shall be elected.
Standing i-oard Said officcrs so elected shall be a standing board of di-
of directors. rectors with full power and authority to do all acts neces-
sary to promote the interests of the corporation and to
carry into effect the provisions and objects of this act; and
until said officers shall be elected under the provisions of
this act, the officers of the present Edgar County Agricul-
tural Society shall constitute the officers of said corpora-
tion, with the right to exercise all of the powers and du-
ties conferred herein upon the officers regularly to be
elected iiereafter.
Vonar' '" ""' § 4. The treasurer shall, before entering upon the du-
ties of his office, give a bond to said corporation, to be kept
by the secretary of the same, with sufficient security, to be
approved by the directors, conditioned for the faithful per-
formance of his duties.
Borrow Hwuey. § 5. In Order to purchase land on which to hold agri-
cultural fairs, the said corporation shall have power to
borrow any sum of money not exceeding two thou-and
dollars, and for that purpose may issue certificates of stock
to be signed by the president and secretary in shares not
exceeding twenty dollars each, redeemable within twenty
years from the date of their issue and bearing interest at
the rate of six per cent, per annum, which certificates
may be transferable by endosement and shall give to the
bona fide holder or holders thereof a lien upon the real
estate of the corporation so purchased, until paid.

§ 6. Any person who shall, without permission of the
officers of said corporation, enter within any enclosure
which may be used by said corporation for an agricultural
or mechanical fair, show or exhibition during the time
when such fair, show or exhibition shall be held, shall
be liable to pay to said corporation the sum of five
dollars for every entrance so made, to be recovered at the
suit of said corporation in an action of debt before any
justice of the peace or other court in this state.
§ 7. T!iis act shall be taken to be a public act.
Approved Feb. 15, 1855.

673 1856.

AN ACT tOkincorporate Robert Burns Lodge of Free and Accepted Masons.

Section 1. Be it enacted by the people of the state oj
Illinois^ represerited in the General Jissemhly, That all
such persons as are or may hereafter become and shall so
remain members of Robert Burns Lodge, No. 113, of Free
and Accepted Masons, at Keithsbug, Mercer county, Illi-
nois, from and after the passage of this act shall be and
they are hereby constituted a body corporate and politic
by the name and style of "Robert Burns Lodge, No. 113, Name and stju.
of Free and Accepted Masons," and by that name they and
their successors shall have succession, and shall in law be powers.
capable of suing and being sued, pleading and being im-
pleaded, answering and being answered unto in all courts
oi law and equity whatsoever, and by name and style
be capable of purchasing and receiving by gift or other-
wise, holding and conveying real estate for the benefit of
said lodge : Provided, that said corporation shall not at
any one time hold property to an amount exceeding twen-
ty thousand dollars.

§ 2. For the purpose of carrying into effect the objects Trustees.
oi this act, the three highest officers of said lodge shall
always be and are hereby appointed trustees, to hold their
offices as such in said lodge as appointed by said lodge
and qualified from time to time.

§ 3. The said corporation shall have power to make B,.iaw«.
such by-laws and regulations as may be deemed necessary
for the government of their concerns and for the purchase
and transfer of real estate.

§ 4. A certificate, under the seal of said lodge has
been duly organised, recorded in the office of the clerk of
the circuit court, shall be evidence of the existence and
organization of said lodge.

Approved Feb. 14, 1855.

AN ACT to incorporate Hancock Lodge, No. 20, of Free and Accepted te force Feb. u,

Masons. *^-

Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly , That all per-
sons who are now or who may hereafter become and remain Hancoch lodge,
members of Hancock County, [Lodge,] Number Twenty,
of Free and Accepted Masons, at Carthage, Hancock
county, Illinois, from and after the passage of this act, shall
be and they are hereby constituted a body corporate and

1866.

674

wanieaiKi style, politic, by the name and style of "Hancock Lodge, No.
Twenty, of Free and Accepted Masons," and by that name
they and their successors shall have succession, and shall
Powers. bg capable in law of suing and being sued, pleading and

being impleade !, answering and being answered unto in
all courts of law and equity whatever; and by that name
and style they shall be capable of purchasing and receiv-
ing by gift or otherwise, holding and conveying real estate
for the benefit of said lodge : Provided^ said corporation
shall not at any one time hold property to an amount ex-
ceeding five thousand dollars.

§ 2. For the purpose of carrying into effect the objects
of this act the three highest officers of said lodge shall al-
ways be and are hereby appointed trustees, to hold their
offices as such in said lodge as appointed by said lodge
and qualified from time to time.

§ 3. That said corporation shall have power to make
such by-laws and regulations as may be deemed necessa-
ry for the government of their concerns and for the pur-
chase and transfer of real estate.

§ 4. A certificate, under the seal of saiJ corporation,
that the said lodge has been duly organized, recorded in
the office of the clerk of the circuit court, shall be evidence
of the existence and organization of said lodge.

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

Approved Feb. 14, 1855.

Trmtaes.

Bf-Uw«.

m force Feb. 14, AN ACT to incorporate Pocahontas Tribe, No. 1, Improved Order of Red
'^^- Metj, in the town of Paris, Edgar County, Ills.

Section 1. Be it enacted, by the people of the state of
Illinois, represented in the General Jissemhly ^ That Sam-

«orporatora. ucl Graham, Wni. Henry, Lisbon Odenbaugh, James W.
McMillan, Charles Carey and such other persons as are
or may hereafter become members of "Pocahontas Tribe,

xame ana style. jSff,. 1, of the Imperial [Improved] Order of Red Men," lo-
cated in the town of Paris, Edgar county, Illinois, shall be
and they are hereby constituted a body politic and corporate,
and by that name they and their successors shall have suc-

Paweri. cessiou, and shall inlaw be capable of suing and being sued,

pleading and being impleaded, answering and being answer-
ed unto in all the courts of law and equity whatsoever; and
by name and style be capable of purchasing and receiving by
gift or otherwise, holding and conveying real estate for the
benefit of said lodge or tribe : Provided, that said corpo-
ration shall not at any one time hold property to an amount
exceeding ten thousand dollars.

675 1866.

§ 2. For the purpose of carrying into effect the objects Trustees.
oi'this act the three highest officers of said tribe shall al-
ways be and are hereby appointed trustees, to hold their
offices as such in said tribe as appointed by the by-laws
and regulations of said tribe from time to time.

§ 3. The said corporation shall have power to make By-iaw*.
gueh by-laws and regulations as may be deemed necessa-
ry for the government of their concerns and for the pur-
chase of real estate.

§ 4. A certificate, under the seal of said corporation,
that the said tribe has been duly organized, recorded in
the office of the clerk of the circuit court, shall be evidence
of the existence of the organization of said tribe.

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

Approved Feb. 14, 1855.

AN ACT to incorporate Clin'on Lodge, Number 19.

Section 1. Be it enacted hy the people of the state oj
Illinois^ represented in the General Assembly,^ That all such
persons as are or may hereafter become and shall so re- o<*n>o''at<>'-s-
main members of Clinton Lodge, No. 19, of Free and Ac-
cepted Masons, at Petersburg, Menard county, Illinois,
from and after the passage of this act, shall be and they are
hereby constituted a body politic and corporate, by the
name and style pf "Clinton Lodge, Number Nineteen, of N»me and style.
Free and Accepted Mesons," and by that name they and
their successors shall have succession, and shall in law be
capable ^i suing and being sued, pleading and being im- General powers,
pleaded, answering and being answered unto in all courts
of law and equity whatsoever, and by such name and style
be capable of purchasing and receiving by gift or other-
wise, holding and conveying real estate for the use and
benefit of said lodge : Provided^ the said corporation shall
not at any one time hold property to an amount exceeding
ten thousand dollars.

§ 2. For the purpose of carrying into effect the objects Tnwteeg.
of this act the three highest officers of said lodge shall al-
ways be and they are hereby appointed trustees, to hold
their offices as such in said corporation as appointed by
said lodge and qualified from time to time.

§ 3. The said corporation shall have power to make b»-'»^«'
such by-laws aud regulations as may be deemed necessa-
ry for the government of its concerns and for the purchase
and transfer of real estate.

1856. 676

§ 4. A certificate, under the common seal of said cor-
poration, that said lodge has been duly organized, by the
three highest officers thereof, and recorded in the office of
the clerk of the circuit court of said county, shall be evi-
dence of the existence and organization of said ioage.

Approved Feb. 9, 1855.

Corporators.

AN ACT to incorporate Herman's Sons' Lodge, No. 27, of the Free Oriler
of the Graud Lodge of New York, established in the oity of Chicago.

Section 1. Be it enacted by the people of the state of
Illinois represented in the General Assembly ^ That Nicho-
las Thastler, Bernard Hull, Peter Weber, Francis Stein-
bach, John Portman and all such persons as are or hereaf-

NsBiewMi gtyie. (;er may bccome members of "Herman's Sons' Lodge, num-
ber Twenty-seven, of the Free Order of the Grand Lodge
of New York," to be located in the city of Chicago, in Cook
couhty, Illinois, from and after the passage of this act, shall
be and they are hereby constituted a body corporate and
politic, by the name and style aforesaid, and by that name
they and their successors shall have succession, and shall

Powers. jjj la^ ijg capable of suing and being sued, plead and be-

ing impleaded, prosecute and defend in all manner of ac-
tions in law or in equity in all courts and places whatever
where legal proceedings are had, and by that name and
style be capable in law of purchasing or receiving by gift
or otherwise, holding and conveying real estate for the ben-
efit of said corporation : Provided^ that said corporation
shall not at any one time hold property to an amount ex-
ceeding twenty thousand dollars.

§ 2. Said corporation shall have power to loan money
belonging to the same, and take promissory notes or other
evidences for the money so loaned, which maybe received
in their corporate name aforesaid in all courts and places
whatever where judicial proceedings are had.

§ 3. For the purpose of carrying into effect the objects
of this act the members of the above incorporation shall
have power and are hereby authorised to appoint out of
their number three trustees, to hold their office for the
term of one year and until their successors in office are ap-
pointed.

§ 4. They shall have power to make such by-laws and
regulations as they shall think necessary for the govern-
ment of their concerns, and have a seal and alter or change
the same at pleasure : Provided, such by-laws are not in-

Loaa moaef ,

Tmstees.

By-laws.

677 1855.

consistent with the constitution and laws of this state or
the United States.

§ 5. The capital stock of the said incorporation shall capiuistoct.
not exceed ten thousand dollars, and this act to take effect
and be in force from and after its passage.

Approved Feb. 14, 1855.

AN ACT to authorize the transcribing of certain records in Randolph In force »et). i5.

county. 1855.

Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly, That for
the preservation of the records to lands which are record-
ed in the recorder's office of Randolph county, in this state, '^^^^"^^l^"^'^
in record books from "A to L" inclusive, the clerk of the
circuit court of said Randolph county be and he is hereby
authorized and empowered to transcribe all the deeds,
powers of attorney, mortgages, or other instruments in
writing in reference to real estate, which are now record-
ed in record books from "A to L," both inclusive, in his
said office, into well bound books, to be furnished by the
county court of said county for that purpose.

§ 2. The said clerk shall transcribe said record books, Entry book.
enter the description of the lands and town lats in an en-
try book, and also index said instruments in the same
manner that he records other deeds and instruments as is
now provided by law.

§ 3. For the preservation of all the old French records specta' commi -
that affect the title to real estate in said Randolph county, '=-~'®'''"*''"'"
and are written in the French language, and are part and
parcel of the records of said county now in said record-
er's office, William Henry, esq., of Prairie Du Rocher, in
said Randolph county, be and he is hereby appointed a
special commissioner to translate the records that are
now recorded and on file in the French language, into the
English language, and record the same in a well bound
book, to be provided for that purpose by said county
court.

§ 4. When the said commissioner translates and tran- OommisBioner lo
scribes any deed or other instrument in writing, he shall '<'««rtify.
enter the same in the index and entry books in the same
manner that the recorders are now required to do; and
the said commissioner shall also immediately after record-
ing any such deed or other instrument, certify that the
same was correctly translated from the French into Eng-
lish, and truly transcribed on the day and month the same ^

1855. 678

shall be done, which certificate shall be entered in said
record immediately following every such deed or instru-
ment recorded.

French papers. § &• The Said Commissioner is also authorized to trans-
late and transcribe all the old state papers that are in the
French language and on file in said office, in a well-bound
book to be provided tor that purpose by the auditor of
state; and for said services the said commissioner shall be

Compensation, allowed the Same fees as for the translation and transcrib-
ing the said old French records, which fees shall be aud-

By^^iioin paid, ited by the auditor, and paid on his warrant by the state
treasurer.

oierk's fees for § ^" ^^® ^^'^ clcrk of the circuit court shall be al-

transcribing re- lowed, as a Compensation for transcribing said records, as
is provided for in this act, for every one hundred words
and figures transcribed in said records, fifteen cents, and
for entering each instrument in the index and entry books
twenty cents, to be paid out of the county treasury from
time to time as the transcribing progresses.

§ 7. Tlie said William Henry, commissioner as afore-
'«es. said, shall be allowed for every one hundred words and
figures translated and transcribed by him, as is provided
for in this act, the sum of thirty cents, and for entering
each instrument in the indexes and entry book, twenty
cents, to be paid out of the county treasury from time to
time as the translation and transcribing progresses. And
said commissioner shall take an oath, to be administered
by the clerk of the circuit court of Randolph county, well
and truly to perform tiie duties required by this act, and
upon taking such oath shall for the time being have the
control of the said records and papers in the French laij-
guage so on file in the recorder's office of Randolph county,
and upon the completion of his duties shall return to said
recorder's office the recorded translations so made, to-
gether with the original books and papers.

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

Approved Feb. 14, 1855

Commlssioaer

In ioice Feb. 6, AN ACT to incorporate the Masonic Hall Stock Company of the city of
1856. Spiingfield.

Section 1. Be it enacted by the peopk of the state of
Corporators. Illinois, represented in the General Jissembly, That Isaac
R. Diller, J imes H. Matheny, Grove Ayers, John S. Brad-
ford, W. Lavely, E. R. Wiley, John Cook, J. T. Smith,

679 1866.

W. J. Black, Lanphier & Walker, I. B. Cuiran, Silas W.
Robbins, John T. Stuart, P. P. Enos, E. B. Hawley, J.

A. Hough, Amos Camp, E. M. Hinkie, J. C. Hinkle, John
H. Johnson, John Kavanaugh, William H. Talbot, George
Anderson, J. A. Campbell, John Hutchinson, R. F. Chat-
ten, J. A. Canfield, Hiram Walker, Jacob Bunn, Charles
E. Dodge, Thomas S. Little, Samuel Long, R. F. RuUi, E.

B. Pease 6t Brother, J. H. Adams, Birchall & Owen, An-
drew J. Wolf, John G. Ives, O. N. Stafiord, M. Leniiian,
Isaac A. Hawley, C. W. Matheny, Thomas G. Taylor, Reu-
ben Coon, James Gourley, N. W. Matheny, John A. Light-
foot, William Carpenter, Isaac Keys, Benj. Talbot, Robert
Irwin, Thomas Condell, jr., Roland W. Diller, John Uhler,
P. V. Vanostrand, Th'o.s J. Dennis, A. M. Watson, S.
Francis & Co., Wm. F. Aiken, M. O. Reeves, John Wil-
liams, N. A. Garland, Walter Davis, A. Hickox, Morris
Lindsay, Dorwin & Dickey, Thomas Lewis, Edward R.
Thayer, John Irwin, B. F. Fox, M. Bray man, Wm, L.
Crane, Wm. F. Elkin, B. F. Dychus, L. B. Adams, David
Spear, John H. Taylor, L. B. Kimball, A. Y. Ellis, Wm.
Matthews, Wiliard & Zimmerman, J. C. Conkiing, M.
Hirchfeld, E. G. Johns, Thomas H. Campbell, M. Helm,
Geo. L. Huntington, John W. Hanson, Joseph Ledlie, A.
W. Easterbrook, S. C. Runyon, B. A.Watson, R J, Coates,
J. A. Mason, Gersham Keyes, Wm. Stockdale, G. A. Sut-
ton, Wm. Perce, J. Ruckei, Henry Carrigan, G, S. Man-
ning, J. C. Lamb, T. B. Kmg, Wm. H. Herndon, M. Wol-
garauth, Wm. Stadden, Enoch Moore, Sam'l H. Treat, S.
M. Tinsley, Alex. Halbert, Elijah lies, N- E. Bateman,
Charles Fisher, John Davis, E. Joyce, Erastus Wright, J.
Nolan, Deloss Brown, A. H. Lanphere, Charles Arnold, J.
M. Morse, and A. R. Robinson, their associates and suc-
cessors are hereby declared a body corporate by the name
of "The Masonic Hali Stock Company of the City of
Sj-ringfield," and by that name shall have perpetual sue- vawe and style
cession and have power to contract and be contracted

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

§ 2. The capital stock ot the said company shall be Capital stoctt.
ten thousand dollars, to be divided into shares of twenty-
five dollars each. The capital stock may be increased in
the discretion of said company to any amount not exceed-
ing twenty thousand dollars.

§ 3. All the corporate powers of said company shall be corporate po't-
vested in seven directors, one of whom shall be president
thereof, who shall hold their offices for one year, and until
others are appointed in their stead. Annual meetings

1855.

680

Vlr«t meeting .

Bt ballot.

Directors to
choose a preei-
'dent.

Stodc ti-anafer-J^
able.:

shall be held by the members of the corporation for the
choice of directors and other business that may come be-
fore them at such time and place in the city of Springfield
as a majority of the directors shall appoint, and notice
thereof shall be given in at least two of the papers printed
in said city of Springfield, at least ten days previous to
said meeting and the first meeting shall be held on the
first Monday of February, A. D., 1855. The election shall
be holden jUnder the inspection of five stockholders, who
shall not be directors, to be appointed by the directors,
except those at the first meeting aforesaid, who shall be
appointed by the stockholders. The elections shall be
by ballot by a plurality of stock holders present, allowing
one vote for every share, and stockholders not present,
may vote by proxy.

§ 4. The directors so to be chosen shall meet as soon
as may be after such election, and shall choose one of
their '^ody to be president, who shall preside for one year;
and in case of the death, resignation, or inability to act of
the president or any director, such vacancy or vacan-
cies may be filled for the remainder of the year by the
directors.

§ 5. Said company may hold real estate not exceed-
ing twenty thousand dollars and lease, convey, or mort-
gage the same, may borrow money and secure the same
by bond and mortgage.

§ 6. The stock of said company shall be assignable and
transferable, or may be forfeited for non-payment of as-
sessments, according to such rules as shall be adopted
in that behalf by the by-laws and ordinances thereof.

§ 7. Upon the organization of such company as afore-
said, the directors shall cause certificates of stock to be
issued to the said corporators and others, in pursuance of
the agreement heretofore had and now existing between
them, to such parties as may have complied with salt
agreement.

§ 8. The directors may appoint a secretary, a treas-
urer, and other officers, who shall h)ld their ofiices for the
term of one year, and until their successors are appointed.
The treasurer shall be required to give bond and security
for the faithful performance of the duties of his ofiice, to
be approved by the directors.

§ 9. This act to take efiect from and after its passage.

Approved, Feb. 6, 1855.

681 1855.

AN ACT to araend an act entitlei! "An act to incorporate the Grand L( il£:e In force Feb. i4,
of Illinois of Ar.cieiit Free and Accepted Masons."

Section 1. Be it enacted by the jjeople of the state of
Illinois, rtpresentedin the General tdssembti/, Tliat tiie
grand master, deputy grand master, grand wardens, grand Corporators.
secretary and grand treasurer, for the time being, and
their successors in office, of the Grand Lodge of the State
of Iliinois, Ancient Free and Accepted Mason?!, together
with the masters and wardens of the several lodges sub-
ordinate to sard grand iodge, while holding said otfices,
shall be and the same are hereby forever declared to be a
body politic and' corporate, by tlie name, style, and de-
scription of "The Grand Lodge of the Stats of Illinois Name aiui style.
Free and Accepted Masons."

t) 2. The said corporation, by iJ'.e name and style afore- General powers.
said, shall have full power to sue and be sued, piead and
be impleaded, prosecute and defend in all manner oi ac-
tions at law or in equity, in all places v/here legal or
equitable proceedings are had. The said corporation
shall have {)ower to make sucii constitution, by-laws,
rules, and regulations for its own government and the
management of its cot cerns and government of its subor-
dinates, as shall be deemed advisable, and to alter or
amend th*^. same at pleasure : Provided, that such con-
stitution, by-laws, rules and regulations shall not conflict
with the constitution and law:^ of this state and of the
United States.

§ 3. The said corporation, by the name and style afore- Real nnd person-
said, shall be capa!)le in Uv/ ot ]>urchasing, holding, and
conveying real and personal estate for the benefit of said
corporation, to create a charity fund and education fund, a
representative fund, a library fund and a grand lodge
fund, and for no other uses or benefits whatever : Provi-
ded, that said corporation shall not at any one time hold
personal or mixed property to an amount exceeding one
hundred thousand dollars, nor real estate to an amount
exceeding two thousand acres of land.

§ 4. The said corporation shail have power to loan mo- Power to loan
ney belonging to the same, and take protnissory notes or '"''"®^-
other evidence ot debt for the money so loaned or for any
property sold, which may be recovered in their corporate
name aforesaid, in all courts or places where judicial
proceedings are had.

§ 5. The said corporation is also authorized ^o borrow Borrow monej-.
money in sums not exceeding one thousand dollars at any
one time, and at a rate of iutere-^t not exceeding ten per
cent, per annum.

§ 6. In the management of its business concerns said
corporation is hereby authorized to appoint such agents,

1S55.

H82

Sii!)ori\lnatG
loJges.

f ens? to exist.

Aot Fcpoalcjl.

officers and attorneyj? for that purpose as from time to
time may be deemed proper.

§ 7. Each subordinate lodge under the juris(Hction of
the aforesaid grand lodge, now in existence or which ma)?^
hereafter be chartered by trie same, is also hereby de-
clared to be a body politic and corporate, by and under
the na'me, style and number set forth in their respective,
charters, and by such designations they may respectively
sue and be sued, plead and be implead, defend against in
all suits arising in law or chancery, in all t!ie courts of
this state. The said subordinate lodges respectively^^shall
be capable inlaw of purchasing or receiving, by purchase,
gift or otherwise, and of selling and conveying real md
personal estate for the benefit of said subordinate lodges
respectively : Provided, that neither of said lodges shall
at anyone lime hold real estate, exceeding in value thirty
thousand dollars each.

§ 8. So far as applicable the provisions of sections four,
five and six of this act shall be applicable to each of said
subordinate lodges.

§ 9. In case any subordina'e lodge under the jurisdic-
tion of said grand lodge shall cease to exist or lorfeit its
charter, then all tlie estate, real and personal, together
with all the records, books, papers, vouchers, furniture,
jewels, seals and fixtures belonging to such lodge, shall
immediately vest in said grand lodge; and all personal
property, books, records, papers, vo'ichers, jewels, seals,
furniture, deeds, money, evidence'of debt, leases or mort-
gages belonging to said lodge so forfeiting its charter or
ceasing to exist, shall be delivered over by tiie last secre*
tary or treasurer of the same, or other^persons having
custody of them, to the propei officer or agent of said
grand lodge, on demand; and on failing to do so, each and
every member of such delinquent lodge shall bej^liable to
said grand lodge in an action of debt for^the full value of
the same.

§ 10. This act shall be deemed a public act and shall
be liberally construed by all courts, for^the benefits of the
corporation herein created.

§ 11. So much of the eleventh section of an act enti-
tled "An act to incorporate the Grand Royal Arch Chap-
tc of the State of Illinois, and the subordinate chapters
under its jurisdiction," appros^ed February 9th, 1853, as
requires a printed copy of the proceedings of said^grand
chapter, together with a list of its officers, a list of sub-
ordinate chapters, their officers and members, to be filed
annually with tiie secretary;.of state is hereby repealed.

§ 12. All acts and parts of acts conflicting with^this act
are hereby repealed.

683 1856.

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

Approved Feb. 14, 1855.

AN A(J r to incorporate the KnoxviMe M;isor)ic ami Odd FdiloA* Joint

LSU)ci\ siociety.

Section 1. Be it enacted by the jteople of the state oj
Illinois 7'epresentedin the General ^Issembly , That G^-orge Sorpoiaurs.
A. Charles, Sylvester Stephens, Isaac B. West, Alvah
Wheeler, Cyrus C. Palmer, James McCracken, Harmon
G. Reynolds, Robertson White, George M. Hunt, tiieir
associates, heirs and assigns are hereby declared and con-
stituted a body politic and corporate, by the name and
style of " Tlie Knoxviile Masonic and Odd Fellows Joint Nameand gtyie.
Stock Society," and by that name and style shall have
perpetual succession, and siiall be capable in law of suing ®*°*'^'»' powws.
and being sued, pleading and being impleaded, answering
and beinff answered unto in all courts and i)laces wiiatso-
ever; may have a common seal and may alter and change
tile same at pleasure, and tliey and their successors may
also by that name and style be capable in law o( purchas-
ing, holding, improving and conveying any real and per-
sonal estate for the use and purposes of said corporation.

§ 2. The capital stock of said society shall be seven Capitaiatoct.
thousand dollars, which may be increased by said society,
if deemed advisable, to ten thousand dollars, and shall be
divided into shares of twenty-five dollars each.

§ 3. The acts of said society up to the passage of this Aotsiegajisert.
act, in organizing the same, in the election of trustees, in
the purchase of grounds whereon to erect a building, in
receiving subscriptions to the capital stock of said society
and in any other respect not contrary to the constitution
and laws of the United States and this state, are hereby
confirmed and legalised.

§ 4. The said society shall on the first Thursday in Elect trustees.
December in eacli and every year elect nine trustees, a
majority of whom shall be a quorum, and who shall be ca-
pable of transacting the business of the corporation.

§ 5. The said trustees, when elected as aforesaid, shall ^p"esmentl^°' '
immediately elect one of their number president; and the
said president and trustees may meet from time to time
and sliall have power to make and establish all such by-
laws, rules and regulations for the government of said
trustees and their necessary officers and of said society,
and for the transfer or payment of the stock of said com-

1855. 684 .

paijy, and the manageinert of the affairs of said company,
as may iVom time to time be deemed necessary, not incon-
sistent with constitution and laws of the United States,
this state, and the provisions of this act.

§ 6. The said corporation shall have power to loan
money belonging to the same, and to borrow money in
sums not exceeding one thousand dollars, at any rate of
interest not exceeding ten per cent.

§ 7. Tliis act to take effect and be in force from and
after its passage.

Approved Feb. 6, 1865.

>iaiua and s

In force Fci;. 14. AX ACT to incorporate the (Jqiiawka Loiige, No. onf" InuiQiecl and twenty-
1S53. tluee, of F- ee and Accepted Idusons.

Section 1. Be it enacted by the people of the state nj
Illinois., represented in the General t/issembly, That all
such persojis as are or may hereafter become members of
Oquaw^ka Lodge, numbered one hundred and twenty-
three, of Free and Acc- pled Masons, from a:.d after the
passage of this act shall be and they are hereby consti-
tuted a body corporate and politic, by the name and style of ,
tie "Oquawka Lodge, Numbered One Hundred and Twenty- |
* three, of Ancient Free ai:d Accepted Masons," and by that ''
they and their successor.s shall liave succession, and name
shall in law and equity be capable of suing and being sued,
pleading and being impleaded in all courts of law and equity
whatsoever, and by that name and style be capable in law of
purchasing or receiving, by gifc or otherwise, holding real
estate and conveying the same, for the benefit of the cor-
poration.

§ 2. For the purpose of carrying out the provisions of
this act, Hiram Rose, John F. Curts and John S. Pollock are.
hereby appointed trustees for said lodge, and shall hold
their olfioe for two years, and until their successors are
elected by said lodge.

§ ii. Should either of the above named trustees remove,
from the jurisdiction of said lodge, die or resign, then andJ
in that case it shall be competent for said lodge, at ani
regular communication, to elect by viva voce vote, one oi
more members, as the case may be, to fill such vacancy orj
vacancies.
^^^^^ ^ 4. They shall have power to make such by-laws and!

regulations as they shall think necessary for the govern'^
ment of their concerns: Provided, such by-laws are in noj

Tacanoles filled.

685 1855.

way inconsistent with the constitution and laws of the
United States.

§ 5. Tiie capital stock of said corporation shall not ex-
ceed fifty thousand dollars.

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

Approved Feb. 14, 1855.

AN^ACr lo'iiicoiporate Washinatoti Loii;^e, IS'o. 55> of Ancient Fiee and
Accepted Masons.

Section 1. Be it enacted hy the people of' the state aj
Illinois, representedin the General t/issernhlu , That "Wash-
ington Lodge, No. 55, of Ancient Free and Accepted
Masons," of thii town of Nashville, Washington county,
Illinois, be and the same is hereby constituted a body cor-
porate and politic, by the name and style aforesaid, and
may by that name and style sue and be sued, plead and be i'v«er*.
impleaded, and be capable in law of purchasing, holding
and conveying Keal and personal properly for the use of
said lodge, and for none other : Frovided, that said cor-
poration shall not at any time hold property to an amount
e.\ceeding twenty thousand dollars.

§ 2. For the purpose of carrying into effect the oDJects Trustees
of this act, A. C. Coffey, Darius Greenup and Liveray
Carter be and are hereby constituted trustees to act in
the name and for and on behalf of said lodge, under the
provisions oi this act, and until their successors are elected
or are appointed by sail lodge ; v%7hich trustees and their
successors sliall act for and on behalf of said lodge in ex-
ercising all the powers given by this act to said corpora-
tion.

§ 3. Said corporation shall liave power to make such sy-iaws,
by-laws and regulations as they think necessary for the
government of their concerns, not inconsistent with the
constitution or laws of this state or the United States, and
n.av increase the number of said trustees to five, but no
more.

Approved Feb. 9, 1855.

Xama and style.

1855.

686

In force Feb. 14,
1855.

AN ACT to restore James Ingiaham to citiZensbij).

Skction 1. Be it enacted by the 'people of the state aj
Illinois^ represented in the General Jissemhly, That James
Iiigraham, of Jefferson couiity, formerly of Washington
county, liiiiiois, be and he is hereby restored to all the
rights, privileges and franchises to which he becatne inel-
igible by reason of a sentence by the circuit court of Clin-
ton county, Illinois.

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

Approved Feb. 14, 1855.

In f one Veh. 13, AN ACT to authoi ise Harmon Faitht'.ropp aiul Freilericlc Meiulrop to coii-
1865. struct a mill dam across the Little Watash river.

Section 1. Be it enacted by the 'j)eopl.e of the state of
Illinois, represented in the General Assembly, That Har-
mon Faithdropp and Frederick Mendrop, their heirs and
assigns, are authorised to construct and maintain a mill
dam, not exceeding three feet high, across the Little Wa- ^
bash river, on the S. W. quarter N. E. quarter section |
thirty-six, township eight north, range five east, in Etfiug-
hara county.

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

Approvkd Feb. 13, 1855.

In force Keb. 9, AN ACT to cliangw the name o£ Jaities Helmanloilei- to that of James HeU
1855. mail.

Be it enacted by the people of the state of Illinois^ repre-
sented in the General Assembly, That the name of James
HelmantoUer be so changed that he hereafter be called by
the name of James Helman.

This act to take effect from and after its passage.

Approveb Feb. 9, 1855.

6S7 1855.

AN ACT to charj£^e the names of certain persons therein nam :(1.

Be it enacted by ttie people of the state of IllinoiSf rejire-
aented in the General ^fissembty, That the name of Catha-
rine Leibsheitz, Rosetla Leibsheitz, Frederick Leibsheitz,
Silas D. Leibsheitz, Napoleon B. Leibsheitz, Josephine
Leibsheitz, Thomas J. Leibsheitz and David Leibsheitz be
and the same are hereby changed to Catharin+i Lasier, Ro-
setta Lasier, Frederick Lasier, Silas D. Lasier, Napole-
on B. Lasier, Josephine Lasier, Thomas J. Lasier and Da-
vid Lasier.

Approved Feb. 9, 1855.

AN ACT to chani^e tlie flame of a person therein named, and to make him
heir at law of William Deaf;oij.

Section 1. Be it enacted by the people. of the state of
Illinois:, represented in the General »/2ssembly., That the
name of Isaac Dillinger, of Jackson county, be and the woweciianged.
same is hereby changed to that of Isaac Deason.

§ 2. And that Wilbiirn, the reputed father of said Isaac
Dillinger, be authorised to file in the recorder's office of
Jackson county an article in writing, to be recorded, adopt-
ing the said Isaac Dillinger as heir at law to him the said
William Deason. >

Approved Feb. 9, 1855.

AN ACTtoemjiowerthe TrnstFesof the First Baptis'. Church and Society, of in foreo Feb. 6,
Lockport, to convey real eslato. \?^5.

Section 1. Be it enacted by the people of the state of
Illinois, representtd in. the General Jlssembly , That the
trustees of the First Baptist Church and Society of Lock- BaFHstchurcii.
port, in Will county, be and tliey are hereby authorised and
empowered to sell and convey to such person or persons
and for such price a? they shall see fit lot two, in block six-
ty-two, of the town of Lockport, as laid out and recorded
by the board of commissioners of the Illinois and Michigan
Canal, any law of this state the contrary, notwithstanding:
Provided, that before the execution of such conveyance

1855.

688

the consent thereto of said church and society shall first
be obtained, unless already obtained, in the manner pre-
scribed in section forty-six, of chapter twenty-five, of the
Revised Statutes of this state.

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

Approved Feb. 6, 1855.

Transcrilja
orils.

AN ACT fo authorise the 'rariscribino- or certain records in Williamson

couiUy.

Section 1. Be it enacted by the people of the state nf
Illinois, represented in the General Jissembhj^ That the
roc- county court of Williamson county is hereby authorised to
provide suitable record books, into which tiie clerk of the
circuit court of said county shall transcribe all tlie records
of said county contained in books A, C, D, E, F and G, in
the recorder's office of said county, for which service the
said county court shall pay tne said clerk of the circuit
court out of any money in the county treasury not other-
\vise appropriated at the same rate now allowed by lav/ for
recording.

§ 2. All such records so transcribed shall have the same
force, validity and effect as is bylaw allowed to other rec-
ords; ^nd copies thereof, duly certified, shall be compe-
tent evidence in any of the courts of this state.

Approved Feb. 6, 1855.

In forci? Feb. 14,
1855.

.:? ACT to vacate an alley in the town of Barry, Pike county, Illinois.

Section 1. Be it enacted by the people of the state of
Illinois^ represented in the General */9ssemb/y^That so much
of the alley running north and south, through block num-
ber twenty-two, (22,) in the town of Barry, Pike county,
and state of Illinois, '^e hereby vacatejj.

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

Approved Feb. 14, 1855.

689 1865.

AN ACT to legalise the acts of the Methodist Episcopal Church of Plain- m force Feb. 12.
field, in the county of Will. ^855.

Section 1 . Be it enacted by the people of the state of Illi-
nois, represented in the General Assembly, Tiiat the Meth-
odist Episcopal Church, at Plainfield, in the county of Will, Not UeemM U
shall not be deemed to have waived or forfeited any of its anrrigbi'J'*i^'^
rights, privileges, powers or franchises by reason of a fail-
ure to file for record in the recorder's office any certificate
or certificates of the election or elections of trustees here-
tofore made; but such society shall have and retain all such
rights, privileges, powers and franc lises, in the same man-
ner as though such certificate or certificates had been reg-
ularly filed for record; and John D. Shreffler, Daniel Tow-
ner, John Becker and Robert O. Cutler, the persons now
acting as trustees of said church, under an election here-
tofore had, shall be considered as the legal trustees thereof
for the term of five years from the passage of this act.

§ 2. All acts heretofore done in the capacity of trus-
tees of such church by the foregoing pei'sons named in the
foregoing section or tatir predecessors in office shall be
and the same are hereby declared valid to all intents and
purposes.

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

Approved Feb. 12, 1855.

AN ACT for the relief of the corporation of Gray vilie, in White county. m j^rco Kcb,

1896.

Section 1 . Be it enacled by the people of the state cf
Illinois, represented in the General Assembly, That all mo-
neys which have been or may be collected for licenses of
every character granted by the corporation of the town of
Grayville shall inure to the benefit thereof, and shall be
paid into the treasury of said town, and shall not go into
the treasury of the county of White, as required by the
laws now in force.

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

Approved Feb. 6, 1855.
59

1850. 690

Jo force F^;^. 14, AN ACT to authorise the town of Wankegan to borrow money and levy a

tax.

Section 1. Be it enacted hy the people of the state aj
Illinois, represented in the General Assembly , That the cor-
3jirow money, porate authorities of the town of Waukegan, in the county
of Lake, are hereby authorised to borrow such sura of mo-
ney as they shall deem necessary, (not exceeding twenty
thousand dollars,) for tiie purpose of constructing bridges
across Little Fort river, so called, upon State and Gene-
see streets, in said town; and for the purpose of said loan
said corporate authorities are hereby authorised to issue
the bonds of said town, for suras not less than five hundred
.dollars each, bearing an annual or semi-annual interest,
net exceeding twelve per cent, per annum, and payable at
sueh time or times as may be thought proper, not exceed-
ing Viventy year<5 from date; which said bonds may be ne-
gotiated or sold for such discount or premium as said cor-
porate authorii.ies or their properly appointed agent shall
deem proper; and the money realized from the sale or ne-
gotiation of said bonds shall be faithfully applied to the
construction and repair of bridges at the points abovena-
, me d .
.Ojiieci :. .pfciai § 2. The '.corporate authorities of sail town are hereby
**''* authorised and required to levy and collect such an annu-

al special tax as shall be deemed necessary, not exceeding
fifty cents upon the one hundred dollars' vaiuationupon ail
the real and personal property within said town and with-
in one mile from the corporate limits thereof, to be assess-
ed and collected in the same manner as other corporation
taxes are assessed and collected, and the proceeds of said
froceeJs, how to tax shall be applied to the payment of the indebtedness
be applied. upon Said boiids as the same become due and to the keep-
ing of said bridges in repair when built. And the said cor-
porate authorities are hereby authorised to contract for
the building and repair of said bridges in the corporate
name of said town, in such manner as they shall deem prop-
er; and the bonds of said town, issued in pursuance of this
act, shall be in such form and for such amount and paya-
ble to such persons and signed and attested by such offi-
cers and bear such rate of interest and be payable at such
time or times as the corporate. authorities of said town shall
from time to time, by ordinance or resolution, direct™
ump brijfei in § 3. The corporate authorities of said town are hereby
repair. authorised to construct and keep in repair the bridges at

the points named in the first section of this act out of the
proceeds of the special tax authorised to be levied and col-

691 Vibb.

lected by the second section of this act, if they shall deem
it for the interest of said town so to do, without issuing the
bonds of said town, as herein provided.

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

Approved Feb. 14, 1865.

AN ACT to vacate a part of Smith's addition to the town of Walnut Hill, in In force Fet. 14,
Marion county. '^^•

Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly, That all
Smith's addition to the town of Walnut Hill, in Marion
county, except block No. one, in said addition, be and the
same is hereby vacated.

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

Approved Feb. 14, 1855.

AN ACT to change the name of Elizabeth Jones to that of Mary Jones 1° iorce Feb. 9,
Totten, and declaring her to be an heir at law of James M.Totten. *^®^'

Whereas James M. Tott^ has petitioned the general as- preamble.

sembly of the state of Illinois to change the name of

Mary Jones to that of Elizabeth Jon^e Totten, and for

declaring her to be an heir at law of the said James M.

Totten; therefore,

Section 1. Be it enacted by the people of the state of
Illinois, represented in the General ^Assembly, That the
name of Mary Jones be and the same is hereby changed to Namecnargtd.
that of Elizabeth Jones Totten, and by that name she shall
be hereafter known and designated.

§ 2. That the said Mary Jones Totten be and is here-
by declared an heir at law of the said James M. Totten, to
the same extent and relation as a legitimate child.

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

Approvbd Feb. 9, 1855.

1865. 692

i!i foic<!_i'eb. u, AN ACT to vacate a certain street and change tlie name of the town ot
^'^°^' Granville, in Jasper county.

Section 1. Be it enacted by the people of the state oj
Illinois^ represented in the General ^^sscnibly^ That street
numbered two, in the town of Granville, in Jasper county,
be so changed as to be established and declared to be for-
ty feet wide, as surveyed and located, and not sixty feet
wide, as recorded in the recorder's office of satd county.
Tliat street numbered one, on the nortli si».^e of said town,
be and the same is hereby vacated, and that the name of
the town of Granville aforesaid be and the same is hereby
changed to that of Tennerytown, by which last mentioned
name the same shall be hereafter known and recognised,

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

Approvkd Feb. 14, 1855.

AN ACT to change the name of the town of Elyda to that of Winnebago.

Section 1. Be it enacted by the people of the state oj
Illinois.^ representedin the Ge7ieral *dssembly,Th2ii the name
of the town of Elyda, in Winnebago county, be and the
same is hereby changed to that of Winnebago, by which
name the said town of Elyda shall be hereafter known and
recognised.

Approved Feb. 9, 1855.

In force Feb. 6, AN ACT to change the name of the town of Ranloul, in the county oi
1865. Marion.

Section 1. Be it enacted by the people of the state oj
Illinois, represented in the General tdssembly, That the
name of the town of Kantoul, in the county of Marion, be
and the same is hereby changed to that of Alma.

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

Approved Feb. 6, 1855.

693 1855.

AN ACT to legalize an election held by the inhabitants of the town of iij for™ y«b. !i.
Paris for the adoption of a town char er. 1855.

Whereas by mistake or otherwise the election held by the Preamble.
inhabitants of tlie town of Paris, to determine whether
they would adopt the town charter enacted by the .^^en-
eral assembly, and approved February 12th, 1863, at
which a majority of voters voting tliereat were, as it
appears, in favor of adopting said charter, was held on
the last Monday of March, 1853, when by the provisions
of said act it should have been held on the first Monday
of that month; therefore,

Section 1 . Be it enacted by the people of the state of Il-
linois, represented in the General Assemhbj^ That the elec-
tion held by the inhabitants of the town of Paris, on the Election ugnu-
last Monday of March, 1853, for the purpose prescribed in
the 1 6th paragraph of article 8, of "An act to incorporate
the town of Paris," approved February 12th, 1853, be ta-
ken to be a legal and valid election, as if the same had been
held on the d^y mentioned in said act, and that the char-
ter voted for at said election, saving wliere it has since
been amended by law, in which case any amendments
that may have been made are to be taken as part of the
same, shall be considered and the same is hereby declared
to be as good and valid as if it had been legally adopted,
according to the provisions of said act of incorporation; and
no defect in said election, of whatever character it may be,
shall ever in anywise affect the validity of said charter,

§ 2. All ordinances which have heretofore been enact- ordinances ami
ed uader authority of the said charter by the town council ^l^l, ''**^'**"'
of the town of Paris shall be regarded as valid and in force
until hereafter repealed; and all taxes heretofore assessed
and fines imposed by virtue of said ordinances shall be
collected as if the said charter had been in the first in-
stance legally adopted.

§ 3. Any person who has heretofore been elected to any oncers «o ct.-
office under said charter and who has been duly qualified tin«e 'n «>««••
according to the provisions thereof and whose time of of-
fice for which he was elected has not yet expired shall con-
tinue to hold his office and exercise all the powers and du-
ties thereof until his successor shall be elected and quali-
fied; and all acts heretofore performed by any officer elect-
ed under said charter shall be considered valid.

§ 4. This act is hereby declared to be a public act, and
shall take effect rom and after the date of its passage.
Approved Feb. 9, 1855.

1856. 694

ti force Feb. 9, AN ACT to change the name of James Lyon, blcI make him heir of Royal
'^^^- Reed.

Section 1. Be it enacted by the people of the state of
Illinois^ represented in (he General Jissem'~ly^ That the

Kaiue changed, name of James Lycn, who is now residing with Rev. Royal
Reed, at Joliet, Illinois, be and the same is hereby changed
to Louis James Reed, and by the said name of Louis James
Reed he shall hereafter be forever knowi and called.

u-gaihsir § 2. That Said Louis James Reed shall be and is hereby

made and constituted a legal heir of said Royal Reed and
his wife, with full power and authority to take, hold and
enjoy and transmit any and all property that shall or may
descend to him from said Royal Reed cr his v» 'fe in the
same manner as if he had been a natural born child of said

ft*vi»». Royal Reed and wife : Provided, that said Royal Reed shall

first execute, under his hand and seal, and acknowledge
before some justice of the peace, clerk of the circuit court
or clerk of the county court of Will county, and cause to
be recorded in the recorder's office of said Will county a
certificate, certifying and acknowledging the said Louis
James Reed to be his legs! heir and adopted son; which said
certificate shall be recorded by the recorder of said Will
county, the same as deeds and other writings are required
to be recorded, and certified copies thereof shall be evi-
dence in all courts and places.

§ . That when said Royal Reed shall have made the
certificate as specified in section two, of tliis act, and cau-
sed the same to be filed for record in the recorder's office
of said Will county 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
Louis James Reed as if he were the natural born child of
said Royal Reed and his wife; and the said Louis James
Reed shall be subject to the same control of said Royal
Reed and to legal liabilities and restraints under him as if
he were his natural born child uutil he shall arrive at the
full age of twenty-one 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 Feb. 9, 1855.

695 1855.

AN ACT to legalize t!>e bcU of a instice of the peace named therein. ^ **^^%^^^' ^^

Whereas Wiiiiam Armstrong, of the county of Menard, Pr«»Babie.
of the state of Illinois, was, on the Tuesday after the
first Monday in November, A. D., 1853, re- elected to
the office of justice of the peace fli said count)' of Men-
ard, and filed in due time his official bond, but neglec-
ted to be sworn into office; and whereas his official acts,
not being in strict conformity with law, may endanger
the interests of others; therefore,

Section 1. Be it enacted hy the people of the state of
Illinois, represented in the General Assembly, That all
the official acts of said William Armstrong be and they ^®^'al *"''*'''■"
are hereby legalized and m.ade as valid and binding in all
courts of law and equity in this state as if he liad taken
his said oath of office in due time; ^dnd be ifffirther enac-
ted, that the county clerk of said Menard county be, and
he is hereby authorized to administer the oath of office to
the said William Armstrong after the passage of this act.

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

Approved Feb. 15, 1855.

AN ACT to provide for the settlement and payment of a judgment in favor
of Thomas Drum, guardian, &c., against James Shields, auditor of public
accounts, of the state of Illinois.

Whereas at the August term, A. D., 1841, of the circuit Prtamik-
court of Sangamon county, and stale of Illinois, a judg-
ment was rendered against James Shields, auditor of
public accounts for the state of Illinois, and in favor of
Thomas Drum, guardian of Elizabeth Bates and Julian
Bates, infant heirs of Nehemiah Bates, deceased, for the
sum of five thousand dollars debt and five hundred and
twenty- five dollars damages, which judgment has been
assigned by said Drum to James A. Barrett, and which
remains wholly unsatisfied; therefore,
Section 1. Be it enacted hy the people of the state oj
Illinois, represented in the General *dssemhly. That when-
ever the said James A. Bairett shall furnish to and file
with the auditor of public accounts of the state of Illinois
a full perfect and sufficient relinquishment of said Barrett
from the heirs ol said Nehemiah Bates, deceased, of all
their right, title and interest in and to said judgment the
said auditor is hereby fully authorized and empowered to

IS65. 696

issue a warrant upon the treasury of the state of Illinois,
in favor of said Barrett, for the amount of said judgment,
together with legal interest thereon, from the 5tii day of
Augdst, 1841, which shall be in full satisfaction of said
judgment.

Approved, Feb. f5, 1855.

AN ACT fo incorporate the Masonic Temple Association of Chicago.

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 shall hereafter become and
shall continue and remain members of the Masonic Tem-
ple Association of Chicago, in Cook county, in the state of
Illinois, from and after the date of the passage and appro-
val of this act, shall be and they are hereby created and
constituted a body politic and corporate by the descrip-

\itne andstjie. tion, name and style of "The Masonic Temple Association
of Chicago," and shall have perpetual succession; and may
have and use a. common seal, 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 of
acquiring and receiving by grant, purchase, gift or other-
wise, personal property and lands and tenements, and of
holding and conveying the same for the benefit of said as-
sociation.

Biieciors to be § 2, There shall be elected annually on the second
Monday in January, by the slinre holders and mem'er.c of
said association, a board of directors consisting of fi?^
persons who shall be stockholders and members of tTif
said corporation. A meeting for the first election of direc-
tors shall be held at the city of Chicago at the rooms of
said association at such hour as may be designated by the
directors hereinafter named, or a majority of them. And
in case of the decease of any of said directors then by the
survivors or survivor, by a notice to be published in a

r daily newspaper in the city of Chicago at least ten days

prior to the time of holding such election. The first

iiBio of ell Gtion. election shall be held on the second Monday of January,
eighteen hundred and fifty-six. Sucli members of and
stockholders in the corporation hereby created a,5 shall
receive the majority m interest of the votes of its members
at said meeting, shall be duly elected directors for the suc-
ceeding year.

f-ilecu-d anmi-
.il1y.

697 1855.

§ 3. Hiram A. Tucker, Ezra L. Sherman, Buckner S. "'r^^'+o".
Morris, Walter S. Gurnee, and L. P. Hilliard, are hereby
constituted and shall be directors of the said Ma'=!onic
Temple Association of Chicago, from '^he date of the ap-
proval of this act until their successors shall be elected,
and shall have the general management of the property
and business thereof. The said directors shall appoint
one of their number president, and shall also appoint a Pr*^'*'^"''
secretary and treasurer. In case of the death of any of
said directors, the survivors or survivor shall continue to^
act as directors until the next regular annual meeting,
and until t.'ieir successors shall be elected — subject to the
provisions of this act and of such by-laws and regulations
as may be adopted in pursuance thereof.

§ 4. The directors above named and their successors Loan money.
are hereby authorized and empowered to contract for and
make a loan of any sum or sums of money for the purpose
of paying or discharging any debts and liabilities that have
been contracted and incurred by the Masonic Temple As-
sociation of the city of Chicago in the purchase of land
upon which to erect a building, and for the purpose ot
completing and furnishing said build ng and improving the
premises upon which it is situate. And the said directors
and tlieir successors are hereby further authorized and era-
powered upon making any such loan or loans of money for
the purpose of securing the payment thereof with interest geenrity for mo-
at such rate per cent, as may be agreed upon to execute "*''•
in the name of said corporation a note or notes, bond or
bonds, for the amount of moneys loaned with the interest
as aforesaid, payable within such time as may be agreed
upon by them, which shall obligate the said corporation
to pay the same and shall be in all respects binding upon,
and payment may be enforced from said corporation by the
collection laws of this state.

§ 5. The said directors and their successors are also Power to mon-
hereby authorized and empowered, the better to enable '^^^ property,
them to effect the necessary loan or ]oans of money as a
further security to convey the lands and tenements (which
said corporation may acquire) by way of mortgage or
trust deed or deeds as they may judge proper, which
deeds of trust or mortgage being executed in the name of
said corporation and acknowledged by said trustees for
and in their behalf shall be valid and effectual and convey
the title to said lands and tenements for the purposes pro-
vided, and the moneys that may be loaned and realized
upon the securities hereinbefore authorised to be executed
shall be faithfully applied to the purposes mentioned in
this act.

§ 6. The said corporation shall have power to make By-ia^s.
and adopt such by-laws and regulations as shall be deem-

1866. 698

ed necessary for the management and government of its
business, property and concerns, which shall not be incon-
sistent with the constitution and laws of this state or the
provisions of this act.

§ 7. The holders of certificates of ownership of the
capital stock in the Masonic Temple Association of the
city of Chicago may surrender their said certificates to
the secretary of the corporation hereby created, and upon
payinef to the treasurer thereof any assessments which may
he due and remain unpaid on said stock the owner thereof
shall be entitled to receive certificate or certificates of
ownership of a corresponding number of shares of stock
in said corporation : Provided, said payment shall be
made within the time that shall be prescribed by such
regulations and by-laws as may be adopted by the mem-
bers of said corporation or a majority of the stockholders
in interest therein.

§ 8. A certificate under the seal of said corporation
that the said Masonic Temple Association of Chicago has
been duly organized, recorded in the office of the record-
er of dee'ls of Cook county, and also a copy of the record
thereof certified by the recorder, shall be suiricient evi-
dence of the existence of said corporation in all courts
of law and equity in this state.

Approved Feb. 14, 1855.

In force F«b. 16, AN ACT to authorize James A Knight, Conrad Benner, Michael Funk,
1866. jgg[ jvieGuire and their associates to build a bridge across the Kaskaskia

river at Favettevilie, in St. Clair county.

Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Assembly, That James

Corporator*. A. Knight, Conrad Benner, Michael Funk, Joel McGuire,
and persons they may associate with them, shall have full
power and authority to build, construct and maintain a
floating bridge over and across the Kaskiskia river, at
the town of Fayetteville, in St. Clair county, and may
charge, have and receive any rate of tolls for crossing the
same which may now or hereafter be fixed by the county
court of St. Clair county.

* wi[h 'naVigT § 2. That the said floating bridge to be constructed
uon. and built as not to interfere with the free navigation of the

Kaskaskia river; and the p irties so authorized to build
such bridge shall have the privilege of maintaining the
same across the said Kaskaskia river for the space of
twenty years after the building of the same: Provided, the

699 1855.

said bridge shall be built within five years from the pass-
age of this act.

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

Approved Feb. 16, 1855.

AN ACT to restore William Walters to the rights and privilegeE of a ^^ '**"i*866f " '^'

citizen.

Wherbas one hundred and seventy of the leeal voters of ^*''""*""
DeWitt county have, by their petition, foined in aslring
that William Walters, of DeWitt countv. who wps in the
year 1844 convicted of the crime of perinrv, mavhe re-
stored to the rights, privileges and franchises of a citi-
zen; and whfrcas the said petitioners set forth that the
said Walters committed the crime xrhen hut a hoy, and
that they believe it was done through ignorance rather
than malice, and that he has served out the sen+ence of
the court, which was one year in the state prison, and
that for nine years since he has hefn a good, orderly,
sober and industrious member of society; therpfore,
Be it enacted hy the penp/e of the state of TUwois,
represented in the General ^ssemhjy .. That William
Walters, who was indicted for perjurv, and was tried
and convicted at the September term" of the DeWitt coun-
ty circuit court, in the year of our Lord one thousand
eight hundred and forty-four, and who was sentenced to
the penitentiary for the term of one yerr, and who has
served out his sentence, be, and he is hereby restored to
all the rights, privileges, franchisee and immunities to
which he became ineligible hy reason of said sentence.
This act shall he considered a public act, and shall he in
force from and after passage.
Approved Feb. 15, 1855.

AN ACT; to, incorporate the "Germania Fire Company No. 3, of the city in force i'eb. li.

of Peoria." 1806.

Section 1. Be it enacted by the people of the state of
Illinuis^ represented in the General »/jlssemhly, That Wil- cj,fp£,„to„,
liam Glaenzer, William Gebhardt, Simon Loeb, Henry
Vernier, Nathan Vallenberg, Charles Rauschkolb, Dei=

1865.

700

trich Bruno, Christian Kautf, Michael Zanone, Charles
Hoffmann, Michael Groos, and their associates and suc-
cessors, are liereby created a body politic and corporate
Name and style, by the name, style and title of "The Germania Fire Com-
pany No. 3," and by that name shall have perpetual suc-
cession, with full power to sue and be sued, to plead and
be impleaded, answer and defend in law and equity in all
courts of justice whatsoever; to contract and be contrac-
ted with; to have, hold and enjoy, by gift, devise, grant,
purchase or otherwise, real and personal estate, not to
exceed at any one time the value of thirty thousand dol-
lars, and again to sell the same or to dispose thereof at
pleasure; to have and use a common seal, and to alter the
, same at pleasure.

Objects. .. ^ 2. The object of this company shall be the extin-

guishment of fires in the city olf Peoria.
By-iawu. § 3. The said company shall have power to make and

adopt a constitution and by-laws for the government and
maintenance of the said company, as they may from time
to time consider fit and proper, not inconsistent with the
constitution and laws of this state or the United Slates;
and again to repeal and alter the same, which constitution
and by-laws, when made and adopted, shall be binding
upon the members of the company, and may be enforced
against them either by suit ia the name of the company,
or by forfeiture of the membership, or by both.

§ 4. The constitution and by-laws of the said company
shall be entered by an officer of the company in a >ook
kept for that purpose, which said book shall be prima
facie evidence of the matter therein contained in all courts
of justice.

§ 5. The constitution and by-laws of the said company
shall not be allowed to conflict with the ordinance of the
city of Peoria regulating the fire department of said city.

§ 6. This act shall be in force from and after its pass-
age.

Approved, Feb. 14, 1855.

AN ACT to amend an act entitled "An act to incorporate tbe city of War»

saw."

Tssne IfoncJs.

Section 1. Be it enacted by the people of the state of
Illinois^ represented in the General Assembly, That the
city council of the city of Warsaw be and hereby is autho-
rised to issue bonds of said city, not to exceed ten thou-

701 1855.

sand dollars in amount, bearing interest not to exceed ten
per cent, per annum, and payable within ten years from
the date thereof, for the purpose of building and furnishing
a school house or school houses, and for purchasing the ne-
cessary ground for the same for the use of the common
schools of said city.

§ 2. For the purpose of meeting the interest that may Levj-spedaitax.
accrue on the bond? hereby authorised to be issued, and
also for the payment of the principal thereof at as early a
day as practicable, the city council of said city are hereby
authorised to levy a special tax upon all the property, both
real and personal, in said city, not to exceed one per cent,
on the assessed value thereof; which said tax shall be in
addition to all other taxes authorised to be levied by the
city council of said city; and the fund thus raised shall be
set apart and appropriated to the purposes herein speci-
fied and to no other.

§ 3. That whenever the city council of said city of ordinances.
Warsaw shall cause the ordinances of said city to be revi-
sed and published in book or pamphlet form it shall not be
necessary to make publication of the ordinances contained
in said book or pam^j'ilet in any public newspaper, but the
time of going into effect of such ordinances as may be pub-
lished in said book or pamphlet shall be determined from
the date of the publication in one of the newspapers print-
ed in said city of a proclamation of the mayor, announcing
the fact of the publication of the said ordinances in the
form beforementioned.

Approved Feb. 14, 1855.

AN ACT to authorise the board of supervisors of McHenry county to levy inioree Fek. 15-
a Bpecial tax. 1865.

Section 1. Be it enacted by the people of the state oj Illi-
nois^ represented in the General Assembly^ That the
board of supervisors of McHenry county, in the state of Levy and coi!<- •
Illinois, be and the same is hereby authorised to levy and ^p^°"""'"'
collect, in the year A. D. 1855, and also in the y ear A. D. 1856,
in addition to the four mill tax now authorised by law, a
special tax of two (2) mills upon the dollar upon all prop-
erty in said county liable to taxation lor state and county
purposes.

§ 2. The collection ot taxes under the provision of this
act shall be enforced in the same manner as is now or may
be provided by the laws of this state for the collection of
the state revenue^ and when collected the same shall be a

1855. 702

separate fund in the treasury of said county, and shall be
expended by the board of supervisors of said county or a
committee by them duly appointed for such purpose, in
building a new court house and jail at the county seat of
said county.

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

Approved Feb. 15, 1855.

In forc« Feb. 12, AN ACT to attach a part of township fourteen ?outh, of range two east, to
1965. township thirteen south, of range two east.

Section 1. Be it enacted by the people of the state of
Illinois rep resented in the General Assembly ^ That so much
of township fourteen (14) south, of range two (2) east of
the third principal meridian as is situate in the county of
Johnson, in this state, be and the same is hereby declared
to be a part of township thirteen (13) south, of range two
(2) east of the third principal meridian, for all purposes
'whatsoever relating to common schools; and such portion of
said township fourteen (14) shall be entitled to its propor-
tionate share of ihe proceeds of any sale or other disposi-
tion 01 section sixteen, in said township fourteen, ( 14,) in
the same manner and to the same extent as though this act
had not, been passed.

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

Approved Feb. 13, 1855.

AN ACT the better to enable the board of supervisors of Grundy county to
dispose of the swamp and overflow.nl lai ds therein situated.

Section 1. Be it enacted by the people of the state of
Illinois^ represented in the General Assembly ^ That the
board of supervisors of said county may, in cases where
any of the swamp and overflowed lands of said county shall
not be susceptible of being drained or reclaimed and sore-
ported by the surveyor who selected the same or when in
the opuiion of said board of supervisors any part or por-
tion of said swamp and overflowed lands will not pay the
expenses of draining or reclaiming or that the best inter-
ests of the said county require that the same should not be
drained, cause such parts or portions of such swamp and

703 1855.

overflowed lands to be sold without any obligation to drain
or reclaim t'.e same and apply the proceeds arising from
such sales in conformity with the act approved Marcli 4th,
1854, entitled "An act to amend an act to dispose oi" the
swamp and overflowed lands," &c.
Approved Feb. 14, 1855.

AN ACT to amend an act entitled ''An act to establish Bluff precinct, in in force Feb, le,
Monjoe county," approved February 11th, 1853. 1856.

Section 1. Be it enacted by the people of the state of
Illinois^ represented in the General Jissemhly, That the
boundary lines of Bluff precinct, in Monroe county, shall be
kiiown and described as follows, to wit : Commencing at
the southeast corner of section twenty- one, township three
south, range ten west; thence north to Fountain creek, in
township two soutii, range ten west; thence westwardly,
following the meanderings of said creek, to the Mississippi
blufls; thence southwardly along the said bluffs, with the
meanderings thereof, to a point on said bluff from which a
line running due east will strike the place of beginning;
thence east to the place of beginning.

§ 2. So much of section two of the act entitled "An
act to establish Bluff precinct, in Monroe county," appro-
ved February ilth, 1853, as comes in conflict with the pro-
visions of this act be and the same is hereby repealed.

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

Approved Feb. 15, 1855.

AN ACT to change the name of the town of Independence, in the couniv of Inforc* FpI).

Coles. 1856.

Section 1. Be it enacted by the people of the state, of
Illinois^ represented in the General vlssemhly, That ihe
nime of the town of Indepence, in the county of Coles, be
and the same is hereby changed to Oakland. This act to
take effect and be in force from and after its passage.

Approved Feb. 9, 1855.

1856. 704

— _k__ ^

^" f^l<^J^^-^^> AN ACT to repeal certain acts therein named.

Section 1. Be it enacted by the people of the state of
Illinois, represented in the General *dsstmhly, That an act
entitled " An act to provide for the. support of paupers in
Kane county," approved Feb. 10th, 1853, and an act en-
titled "An act requiring the towns in Kane county to sup-
port their own paupers," approved Feb. 11th, 1853, be and
the same are hereby repealed.

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

Approved Feb. 15, 1855.

1° '^''iggf *''• ^*' -A-N ACT to change ttie name of Eeiijamiii Doolittle.

Section 1. Be it enacted by the people of the state oj
Illinois^ rej)resented in the Gtnral Jissembly, That the
name of Benjamin Doolittle, of Greene county, Iliiuois, Lc
and the same is hereby chrnged for all purposes whatso-
ever to the name of Benjamin Francis Lytle.

This act to take effect from and after its passage.

Approved Feb. 14, 1855.

AN ACT to authorise the counties therein named to borrow money.

Section 1. Be it enacted by the people of the state oJ
Illinois, rejjresented in the General »dssembly, That the
county courts of Wayne, Edwards, Franklin and Hamil-
ton, or any one of them, be authorised to borrow money
to an amount not exceeding five thousand dollars each, in
such manner and on such terms as the said county court,
ma}' think proper.

§ 2. The said money, or so much thereof as said court
shall deem necessary, shall be applied to the purchase of
breadstuff for those of their citizens who are unable to
purchase or buy the same.

§ 3. And the said court shall direct the manner in
which and the terms upon which the citizens of their re
spective county shall obtain the same.

Approved Feb. 14, 1855. ,

705 1855.

A.t ACT to i(icori;ora(e ttio Canton Miiciiarsics' SaTing hislitiUioii. l'' force Ktb. 14,

' 1886.

Skction 1. Be it enacted by the people oj the State of
I//i/i.<is, repr^.'ief)ted m/he General Jissembly^ That Sands corporatoro.
N. Breed, Henry Walker, John G. Graham, Abel K White,
Wiliiam M. McDowell, Peter L. Snyder and John G. Pi-
per, and such persons as are or may iiereafter become
members of "The Canton Mechanics' Saving Institution," ^^'«™'«'"'^'^'^«
from and after the passage of tfiis act, shail be and tiiey
are liereby constituted a body corporate and politic, by
the name and style aforesaid, and by that name they and
tlieir successors shall have succession, and shall in law be
capable of contracting and being contracted witii, of suing
and being sued, plead and being impleaded, prosecute and
defend in all manner of actions in law or in equity, in all
courts and places whatever where legal proceedings are
ha'.i, and by that name and style be capable inlaw of pur-
chasing, holding and conveying real estate.

§ 1. Said corporation shall have power to loan money Loaa money,
belonging to the sazne, and take promissory notes or other
evidences for the money so loaned, which may be col-
lected in their corporate name aforesaid, in all courts and
places whatever where judicial proceedings ate had.
, § 3. A meeting^of the members of thii corporation shall MeetiRgs.
be held on the first Monday of March, 1855, and forever
thereafter on said day annually, for the purpose of
making such by-laws as may be necessary for the better
government and regulation of the association, and also Jor
the purpose of electing a president, four vice presidents
and a secretary and treasurer, who siiall respectively hold
their office for one year, until their successors are elected;
and the said officers so elected [shall] be a standing board
of directors, with full power and authority to do all acts
and deeds necessary to promote the interest of tiie asso-
ciation, and to carry into effect the provisions and objects
of this act.

§ 4. The treasurer shall, before entering upon the du-
ties of his office, give a bond to said incorporation, to be
kept by the president of the sam6, with sufficient security,
for the faithful performance of his duties.

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

Approved Feb. 14, 1855.

<i{)

1855. 706

In force Feb. 14, AN ACT fo incoipoiate tha Hibernian ]3enevol«nt Society of Chicago. i
1S65-

Section 1. Be it enacted by tJie people oj the state of \
Illinois, represented inthe General Assembly , That Charles I

Corporators. O'Connci', president, William B. Snowhook, 1st vice pies- I

ident, 2d vice president, Michael G'eeson, j

treasurerj Thomas J. Kinsella, secretary, and the other j
})resent members of the Hibernian Benevolent Society of |
Chicago, now existing in the city of Chicago, in tliis state, j
and such other persons as may hereafter be admitted mem- j
bers of said society, according to the rules and regulations j
thereof, be and they are hereby declared and constituted :
a body politic and corporate, under the name and style of |

i;aiJieaiKi (Style. " The Hibernian Benevolent Society of Chicago," and!
henceforth shall be styled and knov^n by that name, and
that style and name shall remain and have succession for

General iioweis. scvcuty- livc y ears, with power in and by such name to sue
an<i be sued, plead and be impleaded, prosecute and de-
fend in all manner of actions at law or in equity, in all
courts whatsoever, and in all matters and places where
legal and equitable proceedings are had, and, if neces-
sary, to sign, execute and deliver, by the president and
secretary of said society, for the time being, under the
seal thereof, all arbitration and other bonds, in obtaining
the legal rights and advancing the interest of said society;
and also in and by such name to acquire, purciiase, hold,
grant, bargain, sell, alien and convey any property, wheth-
er real, personal or mixed, and to loan the money and
funds of said society and take promissory notes, bonds,
mortgages or other evidences of indebtedness for the
money or funds so loaned; and to iiave and use a common
seal, and to alter the same at pleasure; and to make and
from time to time to alter as thej may deem proper and

Constitution and ex|>edient, a constitution and by-laws for said society, the
ky-iawi. times of election and manner thereof for tiie officers oi

said suciety, and the number and duties of sucli officersj
and generally such other provisions for the good govern-fj
ment and existence of such society as a majority of tiie
members present may determine : Provided, such consti-
tution and by-lav/s shall not conflict with the constitution
and laws of the United States or of this state; which said
constitution and by-laws of said society, when recorded
in tiie records of said society, shall be in full force, and
on the proGuction and proof of such records shall be re-
ceived as evidence of the facts therein stated, in all courts
of justice and upon all lav/ful occasions.
Personal i.roixr- § 2. The Said corporatiou shall not, at any one time,
^y- hold personal property to a greater amount than fifty t!;nu-

sand dollars, nor real estate to a greater amount t an
twenty thousand dollars ; and the personal property be-

707 1865.

longing to said society siiall not be appropriated otlierwise
jth'aii for the benefit of said society, the improvement of its
(real estate, and to such benevolent and other purposes, and
ia such manner as shall be declared provided for and di-
trected in the constitution or by-laws hereinbefore author-
jised to be made.

^'> 3. The office and meetings of said societj' shall be omcetobe xopt
j)t and held in the said city of Chicago; and in case any "^^ ^'Wcag».
nalion, devise or bequest shall be madeto said society

■ particular purposes, and said society shall accept the
ne, any such donation, devise or bequest shall be ap-

:ed in conformity with the express conditions of tlie do-

■ r or testator.

5 4. The object of this corporation^ is hereby declared oi^J^cu.

I ) be, to unite Irishmen of all creeds and classes in a bond

jof brotherhood and mutual friendship, to minister to their
ints in sickness, and afford relief in their necessities, and
■lerally to ameliorate by all the meaiis within the control
the society their condition, both moral and physical.
§ 6. This act shall be deemed a public act, and shall

be in force for the term of seventy-tive years after the

passage and approval thereof-
Approved Feb. 14, 1855. •

AN ACT to jut'riorise the truitees ol' Melhodist church at Brighton, in Ma- in tmoe Fob. u,
coupiu [couiily,] to sell churcti and invest the proceeds in another buikl- i'^'^^-

ing.

Section 1. Be it enacted hy the people of the state, of
Illinois.^ represented in the General Assembly^ That Mi-
chael Brown, James B. Pinckard, Irus Albro, David Nel-
son and Horatio Nelson, or their successors, trustees of
the Methodist church at Brighton, in Macoupin county,
are hereby authorised and empowered to sell the lot on
which the house of worship belonging to said church is
erected, and convey the same by deed, and receive the
consideration therefor, and invest the same in another
lot and building for the use of the said Methodist church.

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

Approved Feb. 14, 1855.

1855. 7(JS

\n (orceKeb. lo, AN ACT (o incorporate Greenup Loiige. Niimljer One Hundied aixi Tvveti-
'^■'^" fy-five of Free and Accepted Masons. ,

Skction 1. Be it enacted by the yeople of the state oj
Illinois, represented in the General Assemhly, That all
persons as are or hereafter may become and shall so re-
main members of Greenup Lodge, No. 125, of Free and
Accepted Masons, at Greenup, CiimberJand county, Illinois,
from and after tlje passage of this act, shall be and they are
hereby constituted a body corporate and politic, by the

Name and style, name and style of "Greenup Lodge, No. 125, of Free and
Accepted Masons," and by that name they and their suc-

Geaerrti p..wer«. cessors shail havc succession, and shall in law be capable
of suing and being sued, pleading and being impleaded,
answering and being answered unto in all courts of law
and equit}' whatever, and by that name and style be ca-
pable of purchasing and receiving by gift or otherwise,
fiolding and conveying real estate for the benefit of said
lodge : Provided, that said corporation shall not at any one
time hold property to an amount exceeding ten thousand
dollars.

Trustees. ^ g^ p^^ i.|.g purpose of Carrying into effect the objects

of this act the three highest. officers of said lodge shall al-
ways be and are hereby appointed trustees, to hold
their office as such in said lodge as appointed by said
lodge and qualified from time to time.

!!y-hiw.s. ^ 3^ That said corporation shall have power to make

sucli by-laws and regulations as may be deemed necessa-
ry for the government of their concerns and for the purchase
and transfer of real estate.

§ 4. A certificate, under the seal of said corpora-
tion, that said lodge has been duly organized, recorded ;
in the office of the clerk of t.he circuit court, shall be evi- i
dence of the existence and organization of said lodge. '

This act to be in force from and after its passage.
Approved Feb. 15, 1855.

A BILL to repeal t!ie corporation of New Haven, (jallatin county.

Section 1. Be it enacted by the people of the state of
Ilhnois, represented in the GeneralJissembly, That an act
entitled " An act to incorporate the town of New Ha-
ven, in Gallatin county," approved February 15th, 1839,
be and the same are hereby repealed.

§ 2. This act to be in force from and after its passage:
Provided, said corporation shall not be dissolved until all

70y 1855.

tlie liabilities thereof shall be fully satisfied, nor ?hall this
act aiFect any penalties or prosecutions therefor incurred
under anj^ ordinances of said town.
Approved Feb. 6, i855.

AN ACT to Iranscribe cevtaiti records in Madison and PiUe counlifts. '" ^°' jlgg'^''' ^'

Section 1. Be it enacted hy the^ people of the ^tqfe of
Illinois, represented iii the General t/lssembly. That the Tminenhe ro-
county commissioners' court of Calhoun county are here- ^®™"-
by authorized to appoint some suitable person to trar.-
scribe all of the records in the Madison county recorder's
office, also the Pike county recorder's office, of deeds and
mortgages given for lands situate in the county of Cal-
houn, Vv'here the same were recorded in the said counties
of Madison and Pike previous to the formation^Of the
county of Calhoun.

§ 2. It shall be the duty of such person so appointed, Traufcribe town
in transcribing such records to transcribe in a neat and ^'^'*"
accurate manner all town plats sitr.ate in the county of
(^alhoun and recorded as above, as well as every other
instrument or article touching the interest of the people
of said county of Caliioun, that may have been recorded
in Madison or Pike county |)reviou3 to the organ!.?; ation of
Calhoun county in a good and substantial book, which he
shall procure for that purpose.

■ § 3. The said person so appointed shall have access to persons apr-oint-
all records of the counties of Madison and Pike for the 1^ the^vecords!
purpose of making such transcription; and when tl^e same
shall have been made the recorders of the county records
of said counties of Madison and Pike or their deputies in
their several counties, shall assist the person so making
such transcription to compare every article transcribed
with the original records, to correct errors, if any shall
have been made; and at the close of the same the said re-
corders of the said counties of Madison and Pike shall
make certificates, that the foregoing transcribed records
in their several counties have been carefully compared
with the original records in their respective offices and
found to be correctly transcribed in every particular.

§ 4. The said person so appointed shall deposit in the
recorder's office of the county of Calhoun the said records,
when so transcribed, certified by him to be a true and per-
fect copj- of such parts of the records of said counties of
Madison and Pike, as affect the interest ia Calhoun coun-
ty of persons and lands, which transcribed records shall

710

have the same force and effect in law that the original
have in the counties from which they have been trans-
cribed, and copies thereof certified shall be evidence of
facts contained therein as if certified from the original in
all respects whatever; and the said recorders and the said
person so employed shall receive such compensation as
the county commissioners' court of Calhoun county shall
aliovv^, to be paid out of the treasury of said Calhoun coun-
ty. This act to be in force and effect from and after its
passage.

Approvkd, Feb. 6, 1865.

AN ACT tn levy a spscial tax in Crawford counry.

Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Jlssembly, That the

oouuty comt to county court of Crawford county shall order an election
ord«r nu ejec- to be held on the first Monday in July, 1855, in the seve-
ral precincts eHst of the range line dividing 11 and 12, in
tiie county of Crawford, for the purpose of deciding by
vote in the usual form whether said county shall issue
bonds to the amount of thirty thousand dollars, to be used
by or employed as may be deemed necessary in the con-
struction of the Wabash Railroad.

§ 2. Said election shall be held and conducted as fol-
oondm'tei. lows : the vote shall be received and counted in the man-
ner now prescribed by law, and if it shall appear that a
majority of the votes cast in said precincts shall be given
in favor of such issue, the said county court shall forth-
with issue bonds to the aforesaid amount and place them
in the hands of the directors of said railroad compan)', to
be used as they may deem best for the purposes aforesaid.

LevT of taxes § ^' -^^ ^^' subsequcnt levy of taxes in said county the

county court shall levy avid assess a tax in the manner and
form now prescribed by law upon aji the taxable property
east of said range line sufficient to meet all accruing '\\\-
terest on said bonds, as long as it may be deemed neces-
sary, or until the interest is assumed by the company, a«
the same is now prescribed by law for the collection of taxes.
When said tax shall be collected it shall be paid over to
the treasurer of the Wabash Railroad Company, to be ap-
plied in payment of the interest on said bonds : Provided,
it is here understood that only so much of the county
above described as is embraced in the limits of the above
shall be liable or assessed for the same.
Approved Feb. 14, 1855.

711 1855.

AN ACT to provide for transcribinfr certain records in La S^!le couii lu ferce Feb. 12,

^ ° 1865.

Section 1. JBe it enacted by the people of the state of
Illinois, represented in the General Jlssembly , That the „ ^ „

',-'^ ,, .^, T I 11 Hoard of super-

board ot supervisors ot tlie county ot Cjrundy be and they visors to p.o-
are hereby authorized to provide suitable books, and to
cause to be transcribed therein all such portions of the
records of La Salle county as relate to lands now em-
braced within the limits of the said county of Grundy.

6 2. Said board of supervisors may employ a suitable upervisois u,

^ J •! • 1 1 /> • \ euiplov person

person or persons to transcrioe said records as aioresaiu, iocop7r«eor.i.
and to pay him or them a reasonable compensation there-
for, to be fixed by said board of supervisors and to be paid
by said county of Grundy.

§ 3. When said records shall have been transcribed in supervisor* to
the manner contemplated by this act, the person or per- llnu.
sons transcribing the same, or some other person appoin-
ted by the said board of supervisors, shall carefully com-
pare the same with the original records; and the person or
])ersons comparing the same shall subscribe and swear to
an aJhdavit w^hich shall be attaciied to the book contain-
ing said transcribed records, which affidavit shall state
that said book of records has been correctly transcribed
from the records of La Salle county.

§ 4. A copy of any instrument transcribed into said Kvidencs.
book, and certified by the recorder of said Grundy county,
shall be received in evidence in the same manner and shall
have the same effect as a copy of the same record from the
original record of La Saile county, duly certified by tlie
recorder of said county would have by law.

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

Approved Feb. 12, 1855.

AN ACT to authorize the planting and fixing: permanent corner stones in . .^^ k b 15
the town of McLeansboro, and to vacate a ceitain j ortion of the border 5355. ' '

of said town.

Section 1. Be it enacted by the peoples of the state of
lUinoist^ represented in the General Jlssemhly^ That the
citizens or corporation of the town of McLeansboro, in this corporation au-
state, be and they are hereby authorized to cause to be a ston^e monu-
planted and fixed, under the direction of the county sur- '"'''°'*
veyor of Hamilton county, at the northwest corner of the
lot known on the original survey and plat of said town as
lot No. forty-nine; (49,) (as said corner is now known and
established,) a good and substantial stone monument,
v/ith suitable marks and inscriptions thereon, for the fu-

1855.

712

lure identification thereof; and also a similar stone at each
corner of the public square of said town, as ascertained
by a survey from said corner of lot 49; and said stones so
placed and established shall forever thereafter be pre-
served as permanent monuments, and shaW be deemed and
taken as proper starting points for any and all surveys in
said town.
, -, ^1 2. ilie said surveyor shall file in the office of the

Surveyor to file a i->,»,. "^ ./» .,

certi-icate in the clerk of the circuit court a certificate, statin j;;^ how aii<I

cuucierk.^ ' wiiere said stones have been fixed and established, and

giving a description thereof, by which they may in future

be identified, wiiich said certificates shall by the said clerk

be placed of record on the record of deeds and mortgages

for said county.

Portion of the § 3- ^^ it furlher enacted^ That ail that portion of

Tacateu' ^'""^ what is knowu on the original plat of said town as the

northern border thereof, which lies east of Jackson street,

be and the same is hereby vacated; and the corporation

of said town may at any time hereafter, by an order duly

made, set apart and appropriate sasd portion of the said

border hereby vacated to burial or other public purposes

designated in such order.

§ 4. i his act sliall take effect and be in force from and
after its passage.

Approved, Feb. 15, 1855.

In forci! Feb. 9,
1855.

AN ACT to lelocate the county scat.pf Cumberland county

Election, h«w
conducted.

Section 1. Bexjt enacted hy the -people of the state of
Illinois, represented in the General Assembly, That on
Election to locate the first Monday in April, A. D., 1855, an election shall
couatyseat. ^^ j^^j^ .^ ^j^^ county of Cumberland, in the state of Illi-
nois, at tiie usual places of holding elections, for the pur-
pose of determining whether the present seat of justice of
said county shall be removed and relocated.

§ 2. The judges and clerks of elections shall attend on
the day of eleclion, and conduct said election according
to the election laws of this state, and all legal voters of
the county of Cumberland shall be entitled to vote at said
election for the removal of the seat of justice of said coun-
ty of Cumberland to the town of Prairie City, in said
county, or in favor of said seat of justice remaining at the
town of Greenup, as now located.

§ 3. The judges and clerks of said election shall make
returns of said election in the manner and time now pre-
scribed by law in regard to other elections in this state.

Eleetlou returns.

713 1855.

§ 4. When the returns shall have been made to the vote? cwiv-sjad,

\ lerk of the county court of Cumberland county he shall

t roceed to open and count the votes given for the reloca-

"^'lon of the seat of justice at the town of Prairie City; and

also the votes given for retaining th* ^eat of justice at the

own of Greenup. The opening and counting said votes

hall be in accordance with the laws requiring the open-

,ag and counting the votes of elections of this state; and

fa majority of all the votes cast for and against the re-

noval and relocation of said countj- seat are in favor of

he location at the town of Prairie City, then Prairie City

hall be and remain the permanent seat of justice of Cum-

erland county; but if a majority of said vo^^es are in favor

f Greenup remaining and being the county seat of said

ounty, then Greenup shall be and remain the permanent

county seat of said county.

§ 5. If the seat of justice shall be located and estab- procure suuabui
■Ished at Prairie City, and according to the provisions of ^""^'"''*'
iiis actj the county court of the said county of Cumber-
land are authorized, and it is kereby made their duty to
procure suitable public buildings for the public offices of
said county, and also to provide a suitable place for hold-
ing court in Prairie City, and when such arrangements
shall have been made the records of said county shall be
removed from Greenup to Prairie City, and the county
and circuit courts of said county shall be held at Prairie
City.

§ 6. If the seat of justice shall be located and estab-
lished at the town of Greenup, and accorciing to the pro-
visions of this act, the said county court are authorized
and is hereby made their duty to procure suitable public
buildings for the public offices of said county; and also to
provide a suitable place for holding court in Greenup, and
the county and circuit courts of said county shall be held
at Greenup.

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

Approved Feb. 9, 1865.

AN ACT to authorize the board of supsrvisors of Boone county to raise an la {•rce P«i». lo,
additional ta« for county purposes. 186S.

Section 1. Be it enacted by the people of the state of
Illinois, represejited in the General Assembly, That in
addition to the county taxes now authorised by law the AMiuonai tax.
board of supervisors of the county of Boone may in each

18fc)5. 714

years 1855 and 1856, at their annual session authorize th<
collection of not more than five mills upon each dof ■>»•'/
worth of taxable property in said county, to be applie.
follows, to- wit : the funds so created shall be kept sepaf
ate and be applied in each year to the payment of any in-
debtedness incurred by said county in the erection or
completion of county buildings.
vofo "for*' or § 2. At the town meetings of the several towns of said
jitfonauax? " couuty, the legal voters of said county shall be and are
hereby authorized to vote for or against the levying the
said tax by ballot, on which shall be written or printed,
or partly written and partly printed, the words "for a tax"
or "against a tax," which said election shall be held on
the first Tuesday in April, A. D., 1855, in the said several
towns, and notice of the same shall be given in the same
manner and by the same officers as notices for the town
elections are required by law to be given, and returns of
tald votes shall be muue to the county clerk of said coun
ty in the same manner as returns of elections of county
officers are required by law to be made; and in case r ma-
jority of votes voting on the question shall be for levying
a tax, the board of supervisors shall have power to levy
and collect the same as other county taxes are now col-
lected.

§ 3. This act to take effect from and after its passage.
Approved Feb. 15, 1855.

County >n11d-

AN ACT to enable the people of McHenrj' oounly to locate their county

buildiDgs.

Section 1. Be it enacted hy the people of the state oj
Illinois, represented in the General Assembly, That the
qualified voters of McHenry county at the next genera!
ings'. election to be held in said county for town ofiicers in the

first week of April, A". D., 1855, are authorized to vote
upon the proposition to locate the seat of justice of said
county, in the township of Algonquin, within one mile of
the junction or crossing of the Illinois and Wisconsin and
Fox Hiver Valley Railroads, and between that point and
Crystal Lake, in said town, the vote to be taken fay bal-
lot in the usual style, and each voter's intention to be
declared by the words, "for removal" or "against remo-
vaij" and if a majority of the votes cast at said election
"for removal" and "against removal," shall be "for remo-
val," then it shall be the duty of the commissioners herein-
after provided for to proceed to select and locate the

715 1895.

ground on which a court house and other necessary public
buildings shall be erected in the town of Algoriquin as
aforesaid.

§ 2. Thomas S. Htmtley, John Sibley, and Peter W. commis-ionor-.
Deitz, of the said ccuuty of McHenry, are hereby appoin-
ted commissioners to select the place for locating public
buildings, as prescribed by section one of this act. In the
event of a majority of the votes being "for removal," and
when they have made sucii location they shall cause a
map of the same to be made by a competent surveyor, and
file it in the office of the clerk of the county court, to-
gether with the titles to the lands so mapped, which they
are authorized to purchase for the county for a sum not
exceeding one dollar per acre. And in case of the death,
resignation or refusal of either of the commissioners
above named to act as such, his vacancy may be filled by
the remaining commissioners, and a decision of a majority
of them shall be final.

§ 3. At the first regular meeting of the board of super- Eroetgocxibniw-
visors of sal- 1 county of McHenry, after it shall be ascer- ™"*"
tained that a majority of the voters of said county have
voted to remove the seat of justice, and locate it as pre-
scribed in section one of this act, it shall be the duty of
said board to adopt measures which will secure the erec-
tion of good buildings on the land selected by the com-
missioners heretofore provided for, within two years from
the first day of September, A. D., 1855; and when said
buildings are erected and finished all the bpoks and papers
and other public property belonging to the county and ne-
cessary to the seat of justice, shall be removed to then :
Provided) that before said lemoval the clerk of said court
shall advertise a notice of the same, for at least three
months, in all the newspapers published in said county.

5 4. The commissioners hereinbefore appointed shall compensation oi

■> . , , f r „ . comiDissi oners.

receive three dollars per day wiiile engaged m periorming
the duties prejcribed by this act, which, together with ail
other expenses incurred in fixing the location of the court
house and other public buildii.gs, shall be paid out of the
treasury of McHenry county. All acts or parts of acts in
contraventi'^n of this act are hereby repealed.
Approved Feb. 14, 1855.

\N ACT to provide for the appointment of a clerk of the board of supervi- in force I'eb. «,
sorf. of Winnebago couiity. 1835.

Section 1. Be it enacted hy the people of the state uj
IHinois represented in the G^rteral Jissemhly^ That on the
first Monday of April next the clerk of the county court cease to bees o/-
of Winnebago county shall cease to be ex officio clerk of •^"<'«i«'^''-

1855. 716

the board of supervisors, and at the adjourned meet-
ing of said board in March next and at the first reg-
ular annual meeting in eighteen hundred and fifty-seven,
and biennially thereafter, a clerk of said board shall be ap-
pointed, who shall be sworn and give bonds in the s ■
manner as required by law of the clerk of the county cc ...t,
and be subject to the same liabilities and perform the same i
duties, except those arising under the sixty-ninth chapter
of the Revised Statutes and under constitutional provisi^ :i.^
and laws which give to the county court its powers and
prescribe its duties and confer upon it jurisdiction in mat-
ters of probate and law and cbancerj; and said clerk ot
the board of supervisors shall have a seal of office, and is i
authorised to administer oaths and affirmations and to take
and certify the proof or acknowledgment of deeds and oth-
er writings, and for his services shall receive the same
compensation and emoluments as allowed to the clerk of
the county court for iike services.

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

iVPPRovED Feb, 9., 1855,

!n toice F«b. 16, AN ACT ic cbar.ge the name ol James Peels to Jaraes Eads, and William
^'^^^' pi'ets to Willism Eads, hod make tbem heirs at law of James Eads,

Section 1. Be it enacted by the j^^ople of the state oj
Illinois^ represented in the General Assemhlyy That the
name of James Peets be changed to that of James Eads,
and the name of William Peets be changed to that of Wil-
liam Eads. 1

§ 2. That the said James Eads and William Eads shall
be and they are hereby declared to be entitled to all the
^ rights that would belong or pertain to them were they ciie

natural sons of th.e said James Eads.

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

Approved Feb. 15, 1855,

717 1855.

AN ACT for the relief of certain persons therein named. 'n force Feb. u-

Section 1. Be it enacted by the •people of the state oj
Ulinois, represented in the General %/issemhly, That the
principal and securities in a bond executed by Mo-
ses Turner, John J. Hardin, William Weatiiertord and Pe-
tei^ Roberts to the state on the receipt of certain state arms
or the use of a certain independent company of cavalry
e released and discharged from the same : Provided, the
urviving officers of said company shally when required,
urrcnder all of such public arms still remaining in the
lands of said company,

§ 2. Nothing in this act shall have the effect to dis-
harge said principal and securities named in the first sec-
Lion of this act from their liability on said bond whenever
it shall be made to appear said arms were lost, injured or
destro5''ed by negligence of said officers or company to
whom the same v/ere delivered.

§ 3. This act to take effect from and after its pas-
age.
Approved Feb. 14, 1855.

AX ACT to change the name of John Albert Spears, and make him heir of la i'«rce Fiai). 15.
Robert H. Foss. ^ i^^^-

Section 1. JBe it enacted hy the people of the state of
Illinois, represented in the General Jissemhly, That the
name of John Albert Spears, (who is now residing with NamochaBger;
Robert H. Foss, of the city of Chicago, Illinois,) be and
the same is hereby changed to John Albert Foss, and by
the said name of John Albert Foss he shall hereafter be
forever known and called.

§ 2. The said John Albert Foss shall be and is hereby L-'gaine'.-,
made and constituted a legal heir of said Robert H. Foss
and his wife, with full power and authority to take, hold
and enjoy and transmit any and all property that shall or
may descend to him from said Robert H. Foss or his wife
in tie same manner as if he had been a natural born child
oi said Robert H. Foss and wife : Provided, that said Rob- pr vis. .
ert H. Foss siiall first execute, under his hand and seal,
^nd acknowledge before some justice of the peace, clerk
of the Circuit cuurt or clerk of the county court of Cook
county, and cause to be recorded in the recorder's office
of said Cook county i certificate, certifying and acknow-
'edging the said John Ai- ert Foss to be his legal heir and
adopted sonj which said certificate shall be recorded as

1855. 718

deeds and other writings are required to be recorded, and
certified copies thereof shall be evidence in all courts and
places.

§ 3. This act shall be a public act, and so taken and
deemed in all courts and places, and shall be in fuil force
from and after its passage.

Approved Feb. 16, 1855.

AN ACT to authoripci certain records to be transcribed.

Section 1. Be it enacted by the people of the state oj
Illinois, represented in the General Assembly, That per-

Trauacvioe lec- mission be granted to the county court of Mason county,
at any regular terra thereof, whenever it shall be deemed
expedient, to contract with the lowest competent biddrr
for transcribing from the records of the counties of Sanga-
mon, Menard and Tazewell all deeds, title papers, certifi-
cates, patents, town plats and all other writings and rec-
ords in the recorder's otSce of said counties of Sangamon,
Menard and Tazewell appertaining to lands lying in the
county of Mason.

Tijko uftUi. § 2. The person obtaining the aforesaid contract shall,

before he enters upon the duties enjoined by this act, take
and subscribe an oath or aflHrmation carefully and faithful-
ly to perform the same; which oath or afiirmation may be
administered and certified to the clerk of the aforesaid
court by any justice of the peace in said county, and shall
also give bond, with good and sufScient security, in such
sum as the county court may determine.
. J i'Aiika. ^ 3. li shall be the duty of the county court of said
county, after making such contracts, or as soon thereafter
as may be convenient, to provide a sufficient number of
suitable blank books for the purpose contemplated by this
act.

§ 4. As soon as such book or books shall be delivered
to the aforesaid contractor he shall proceed to the office of
the recorders of the counties of Sangamon, Menard nd
Tazewell, and shall, from the books in said offices, m, r,t
out and record, in a fair and legible manner, in the book
or books furnished him, all records contemplated by the
foregoing provisions of this act, and shall certify at Lhe
end of each volume that the deeds, certificates, title pa-
pers and other writings contained therein are true and cor-
rect copies from the respective records of the counties of
Sangamon, Menard and Tazewell. When the said con-
tractor shall have finished transcribing the records con-

719 1855.

emplated by this act, he shall also certify that these
jooks contain all the records appertaining to real estate
ving in the county of Mason and on record in the offices
.,[ tlie recorders of Sangamon, Menard and Tazewell coun-
ties.

5 5. It shall be the duty of the recorders of Sangamon, Recorders to ^cr
Menard and Tazewell counties to permit said contractor "''. ma'itr''
to make transcripts of all and every record required by the
provisions of this act, and for that purpose to use tiie books
ill which such instruments may be recorded free of charge.

§ 6. The said contractor shall be paid for his services
out of the county treasury of said Mason county.

§ 7. When the records made by authority of this act Eowpaia.
are completed in the manner contemplated therein and de-
posited in the recorder's office of the county of Mason, cer-
tifit;d copies of the same made by the recorder of the afore-
said county shall be evidence in all courts and places, and
have the same force and effect as {( made by the record^
er of the county of Mason.

Approved Feb. 9, 1856.

AN ACT authorising the bnarci of iupervisors. of the county of Warren to in foice Feb. is,
procure a numerical index to the lecorda ol deeds and mortgages and oth- 1S65.

er evidences of title.

Section 1. Be it enacted by the people of the state of
Illinois^ ^represented in the General ti^ssembly, That the
board of supervisors of the county of Warren are hereby
authorised to obtain, by purchase or otherwise, a complete
numerical index of all the records of deeds, mortgages,
bonds and other evidences of title to ail la^ds in the coun-
ty of Warren, and that the expenses of the same be paid
out of the county treasury of said county : Provided, that
the contract to obtain said index shall be let to the lowest re-
sponsible bidder, at public auction, notice having first been
given of the time and place of said letting for at least four
weeks, successively, in some public newspaper published
in said county.

§ 2. All lav/s in conflict with this act are hereby re-
pealed. This act to take effect and be in force from and
after its passage.

Approved Feb. 15, 1855.

Im55. 720

: t rse Fob. 15, AN ACT to authorise the county court of Montgomery county, IHinoisj to
^^^'^- levy a sprcial tax, and for other purposes.

Section 1. Be it enacted by the people of the state of
Illinois, representtd. in the General JiHsemhly, That the

)tcciaitax. county court of Montgomery county, Illinois, be and they
are hereby authorised and empowered, at any general or
special session of said court, to assess upon the taxable
property in said county any rate, not exceeding three
miiis upon the one hundred dollars' worth of property,
which said tax shall be collected in all cases in the like
manner as the ordinary county revenue is and shall be col-
lected by law.

^' ^'' «-*««3fc<i. ^2. The assessment and ail the proceedings in refer-

ence to the collection of said special tax shall be conduct-
ed by the same persons and in the same manner as is re-
quired in the collection of the ordinary revenue.

.-veceeds, avi>ii- ^ 3. The Said county court is hereby required to ap-
ply the proceeds of said special tax to the payment of in-
terest and principal on the bonds issued or to be issued by
said county as its subscription to the capital stock of the
Terre Haute and Alton railroad; and the said county is
hereby authorised and empowered to borrow such sum or
sums of money as may be necessary to pay whatever in-
terest may accrue upon the said bonds previous to the col-
lection of the said special tax or to supply any deficiency
of said tax to meet the said interest; and the said county
may bind itself to the payment of any rate of interest, not
exceeding ten per cent, per annum, up :n such sum of mo-
ney as may be necessary; and the said county may issue
its bonds, if necessary, to evidence any such loan or con-
tract, as in the case of other bonds issued and entered in-
to by said county.

This act shall take effect and be in force fr>m and af-
ter its passage.

Approved Feb. 15, 1855.

rot; Vftk. u. AN ACi' for the relief of Judah W. Eathbun, of Cayuga county, N«w
13>-- York.

nbie. Whereas three non registered canal bonds, each for the sum

of one thousand dollars, numbered, respectively, forty-
three, forty- four and f^rty-five, and bearing date July, 1847,
with coupons thereunto attached, the property of Judah
W. Rathbun, were, on or about the 27th June, 1851, sto-
len and supposed to be destroyed; and whereas the in-
terest on eaid bonds is still due, except so much as has

721 1856.

been paid by the state thereupon prior to the interest
falling due on the first of July, A. D. 1851; therefore.
Section 1. Be it enacted hy the people of the state of
Illinois^ represented in the General Assembly ^ That when-
ever the said Judah W. Rathbun, his heirs or assigns, shall Bx«cme>ond.
execute a good and sufficient bond, in tlie sum of six thou-
sand dollars, payable to the state of Illinois, with such sure-
ties as the governor and secretary of state shall approve,
conditioned for the full indemnity of the state against any
liability growing out of the presentation or existence of the
bonds above described, and file the said bond in the office
of the secretary of state, the governor be and he is hereby
authorised and required to issue a certificate or certificates
of state indebtedness for the amount of said bonds and of
the coupons attached, less the interest that has been paid
upon the same from the date thereof to the time of their
loss, which certificates shall express upon their face "Cer-
tificate No. — , for Illinois and Michigan Canal bonds No.
43, 44 and 45, stolen from Judah W. Rathbun, and suppo-
sed to be destroyed;" which said certificate or certificates
shall be of the same force and effect as the said bonds, and
shall entitle the holders thereof to the same rights and
privileges and payments in all respects whatsoever as
though they were the holders of original bonds.

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

Approved Feb. 14, 1855.

AN ACT to enable the Chicago Hydraulic Company to sell thoir property
and collect their demands.

Section 1. Be it enacted hy the people of the state of
Illinois, represented in the General Assembly, That the
corporate powers of the Chicago Hydraulic Company shall
be so far continued and exist as to allow said company to
sell, convey and dispose of their property and effects, and
to sue for and collect all demands and claims due or to be-
come due until they shall have fully wound lap their af-
fairs.

Approved Feb. 14, 1855.

1S55.

722

AN ACT to incorporate Ihe Irish Benevolent Society, of Quincy.

0«rp«rators.

lieueral powers,

Section 1. Be it enacted by the people of the slate of Il-
linois^ represented in the General Assembly, that Thomas
Redmond, Edward Hoverton, Jame- Montgomery, Patrick
Shanahan,Wiiliam Aherens, Florence Sullivan, Martin Col-
lins, Frederick O'Conner and James McKivit, their asso-
ciates and successors, are hereby declared and constitu-
ted to be a body corporate and politic, by the name of "The
am* and atyu. Irish Benevolent Society, of Quincy," and by that name
their associates and saccessors shall and may have succes-
sion, and in such corporate name shall, be capstble in law
of suing and being sued, contracting and being contracted
with, pleading and being impleaded, answering and being
answered, defending and being defended in all courts and
places of justice whatsoever in all manner of actions, suits,
complaints, matters and causes whatsoever, and have a
common seal and alter or change the same at pleasure; and
their successors shall be capable of purchasing, holding
and improving any estate, real or personal, for the use of
and for the otsjects contemplated by said society : Provi-
ded, however, thAi the said society shall not adopt any con-
stitution or by-laws for its management which shall in any-
wise conflict with or be repugnant to the constitution of
the United States or of this state : Jlnd provided, J urther,
that said society shall not be authorised to hold and pos-
sess real estate exceeding in value the sum of ten thou-
sand dollars.

§ 2. All contracts which may be made or entered into
by said society shall be subscribed by the president and
treasurer thereof, who shall be deemed and considered as
the agents of said society for that purpose; which contracts,
when authorised by the president and standing committee
of said society, shall be good and binding in law upon the
said society and not otherwise; and to the end that said au-
thority shall more effectually appear the said president and
standing committee shall keep a separate record of their
doings in relation to all contracts made and entered into;
which record shall be deemed and taken as evidence in all
courts and places of justice of such authority.

§ 3. The personal effects belonging to said society shall
not be appropriated otherwise than to the improvement of
the real estate hereby authorised to be held and to such
benevolent purposes as shall be contemplated by its con-
stitution; which appropriation shall be made under the di-
rection of the president and standing committee of said so-
ciety.

§ 4. Whenever said society shall, by virtue of any pro-
visions in its constitution or by-laws, cease to exist all the
property then belonging to said society, whether personal

Contracts to be
subscribed by
presldant.

^ersouttl effeati.

723 1855.

or real, shall, by virtue of this act, without any wri-
ting or transfer whatever, become vested in the members
of said society which may be in regular standing at the
time of the dissolution thereof, to be by them disposed of
in such manner as they may think proper or as may be pro-
vided for by the constitution and by-laws of said society.

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

Approved Feb. 15, 1855.

AN ACT concerning the rec-.iria of Logan county. In force Feb. 12,

Section 1. Be it enacted by the people of the state of
Illinois, represented in the GeneralAssemhly, That it shall
be lawful for the county court of Logan county to employ Bmpioyperwmto
some suitable person to copy into a well bound book or *^''p^'°^^
books', at the expense of said county, all deeds, mortgages,
bonds or other writings for the conveyance or relating to
lands lying in said county, and which deeds, mortgagei,
bonds or other writings were recorded in the recorders'
offices of Sangamon, De Witt, McLean and Tazewell coun-
ties previous to the organization of said Logan county and
also previous to the enlargement of said county of Logan
by any additions that may have been made to it from any
of the counties aforesaid since its organization.

§ 2. The person or persons employed by the county Ha^e free acc*»s
court of Logan county to procure copies at aforesaid
shall have full access to the books in the recorders' of-
fices of Sangamon, De Witt, McLean and Tazewell coun-
ties for the purpose of making such copies, and the re-
corders of those counties shall carefully compare such cop-
ies with the records in their offices, and if they find them
to be correct they shall make a certificate to that effect,
under their hands and seals, at the end of each volume of
said copies.

§ 3. At the end of each copy of each deed or other Nety.iume sbk
writing copied as aforesaid the person copying the same
shall note the volume and page of the record from which it
is copied.

§ 4. For their services in comparing such copies the compen»atien.
recorders of Sangamon, De Witt, McLean and Tazewell
counties shall be entitled to a compensation not exceeding
ten cent* for each deed or other writing so compared by
them, to be paid by Logan county.

§ 5. All copies made, compared and certified as afore- Transcript to bo
■aid and transcripts of such copies, certified under the

1855.

724

hands and official seal of the recorder of said Logan coun-
ty, shall be received and taken in all courts of justice and
other places in this state in as full and ample a manner as
the records from which they shall be taken : Provided^
however, that if any discrepancy or variance shall be found
to exist between the said copies and the records of San-
gamon, McLean, De Witt and Tazewell counties certified
by the recorders thereof to be correct and to have been
examined with reference to such variance, shall be recei-
ved as the proper evidence.

§ 6. This act shall not be so construed as to c i ancf or
affect the existing laws of this state in relation to th ead-
mission of copies of deeds and other writings a^ evidence,
but the same rules of evidence as to the production of the
original deed or writings shall be furnished, as is now pro-
vided by law.

§ 7. This act to take effect from and after its passage,
and to be deemed a public act. ^

Approved Feb. 12, 1855.

Igive bonds.

5'n foroe Feb. 14, AN ACT to authorise the county of Iroquois to borrow money, an! pre
'^^^' vide for the payment thereof.

Section 1. Be it enacted by the people of the stale oj
Illinois, represented in the General Jissembly, That the
Sorrow money . couuty court of Iroquois county be hereby authorised to
borrow on the credit of said county such sum of money
not exceeding twenty-five hundred dollars, as maybe suf-
ficient to build and erect a bridge across the Iroquois riv-
er at or near the point where the Vincennes and Chicago
state road crosses said river in said county.

§ 2. For the purpose of raising said moaey the said
county court may issue the bonds of said county in sums
not less than five hundred dollars each, bearing interest at
a rate not exceeding twelve (12) per cent, per annum,
payable within two years from their date, and may sell and
dispose of the same at any rate or price that ma}^ be deemed
for the interest of said county, and a sale of such bonds or
any of them at less than their par value shall not afi^ect the
liability of said county.

§ 3. Said bonds shall be signed by the clerk of the
county court under the seal of said court and counter-
signed by the treasurer and registered by the treasurer of
said county, and the interest thereon may be paid at such
times and places as shall be expressed in said bonds.

Bond b}'
Issued.

whom

725 1855

§ 4. Said county court is hereby authorised and em- special tax.
powed at the time of issuing said bonds, or at any time
thereafter, to levy a special tax upon all the taxable pro-
perty of said county, to be assessed and coiiectcd as oth-
er taxes are assessed and collected for the payment of
the whole or any part of the principal and interest upon
said bonds, which shall be collected and paid over to the
treasurer of said county as other county revenue.

§ 5. When said bonds become due they shall be filed wLon due to t>o
with the treasurer of said county and paid by him out of J^^^a^itii''^''^
the first moneys that come into his hands not otherwise
appropriated, as registered county orders are paid.

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

Approved Feb. 14, 1855.

AN ACT to authorise an appropriation out of the swamp land funds of in toree Feb. 15,
Franklin county to improve Itie roads and build bridges in said couniy. 1855.

Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Jisserribly, That the
county court of the county of Franklin, in this state, are Approptiatm or
hereby authorised and required to appropriate out of the ^""''''*
funds arising from the sales of swamp lands in said county,
a sum not exceeding six thousand dollars, to be applied in
the building of bridges and culverts and throwing up em-
bankments for roads, and for the improvement of roads
generally in said county.

§ 2. The improvements mentioned in the first section improvemenu
hereof shall be made under the superintendence of Moses
Neal of said county, who shall make all contracts con-
cerning the same, and shall have the full direction as to
the building and making of such improvements; and said
county court shall order the payment of any sum or suras
of money certified by said Neal to be due for the purposes
herein specified, out of such swamp land funds, not ex-
ceeding in all six thousand dollars : Provided, the said
county court may, on the application of said Neal, select '

the places where such improvements shall be made.

§ 3. The said Moses Neal shall be allowed two dollars eompepsatiouA
per day for the time he may be actually employed under
this act, to be paid out of the said swamp land fund.

§ 4. This act shall be in force from and after its pass=
age.

Approved Feb. 15, 1855.

1855.

•726

Tn force Feb. 14, AN ACT to change the name of Catharine Chute to Kate Aroline Eliza-
*^^°- beth Allen, and to maiie her heirol Nathan Allen and his wife.

'.'ame changed.

LHAlIicii'-

Section 1. Be it enacted hy the people of the state oj
Illinois^ represented in the General Jissenibly, That the
name of Catharine Chute, a minor of ten years of age, be
and the same is hereby changed to Kate Aroline Eliza-
beth Allen, by which name she shall hereafter be known
and called.

§ 2. That said Kate Aroline Elizabeth Allen shall be
and is hereby made and constituted a legal heir of Nathan
Allen and 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 Nathan Allen or his wife
in the manner as if she had been a natural born child of
said Nathan Allen and his wife,
LoBni uaWHUes. § 3. That said Nathan Allen shall from and after the
passage of this bill have, use and exercise all the rights,
powers, privileges and duties, and be subjected to all the le-
gal liabilities over and concerning said Kate Aroline Eliz-
abeth Allen as it she were the natural born child of said
Nathan Alien and his wife; and the said Kate Aroline
Elizabeth Allen shall be subject to the same control of
the said Nathan Allen and his wife and to all legal liabili-
ties and restraints under them as if she were their natural
born child until she arrives at the full age of twenty- one
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 Feb. 14, 1855.

1855.

AN ACT to incorporate 'he Cabinet Makers' Society of Chicago.

gorp:r;itoi's.

Section 1. Be it enacted by the people of the state of
Illinois^ represented in the GeneralJissemhly^ That Hen-
ry Wittier, Christian Carstedt, Henry Gehrke, Henry
Brackmaun, Frederick Washhausen, Henry Durbach,
Henry Haker and all such persons as have or may here-
after join them shall be and they are hereby constituted
a body corporate and politic, by the name and style of

Name and style. « Cabmet Makers' Society of Chicago," and by that name
they and their successors shall have succcssiuii, u...d siiaii

©enerai p<jwe». in law be capable of suing and being sued, pleading and
being impleaded, answering and being answered unto in
all courts of law and equity whatsoever, and by that name

727 1855.

and style be capable of purclrasing and receiving by gift
or otherwise, holding and conveying real estate for the
benefit of said society : Provided^ that said corporation
shall not at any one time hold property to an amount ex-
ceeding five thousand dollars.

§ 2. For the purpose of carrying into effect the objects Tmteos.
of this act, the officers of such association shall always be
and are hereby trustees, to hold their offices as such in
said corporation as appointed by said society and qualified
from time to time.

§ 3. The said corporation shall have power to make By-iaTTs,
Nuch by-laws and regulations as may be deemed necessa-
ry for the government of their concerns and for the pur-
chase and transfer of real estate, not inconsistent with the
( constitution and laws of the United States and this
state.

§ 4. A certificate, under the seal of saiJ corporation,
that the said association has been duly organized, recorded
in the office of the clerk of the circuit court of Cook coun-
ty, shall be evidence of the existence and organization of
said association.

§ 6. This act to be in force from and after its pas-
sage.

Approved Feb. 12, 1855.

AN ACT to authorise the board of supervisors of Carroll county to grant In force Feb. \i-
a pre-emption to swamplands in 3did county, in the case herein provided. ^355.

Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Jlssemhly, That the
board of supervisors of Carroll county are hereby author-
ised and empowered to grant a pre-emption to Joseph Mc-
KriUipg, (if they shall think proper,) which shall allow
him to purchase at the appraised value thereof the north-
east quarter of the south-west quarter of section seven-
teen, in township twenty-five, range three east of the
fourth principal meridian, situate in Carroll county, and
containing forty acres, and bounded by the legal subdi-
visions of said tract.

§ 2. Be it further enacted, that this act shall take ef-
fect from and after its passage.

Approved Feb. 12, 1855.

1856. 728

In force April 9, AN ACT to provide for the iupport of paupers in Dupage county.

Section 1. Be it enacted by the people of the state oj Hit-
nois, represented in the General Jissemhly^ That tlit
several towns in the county of Dupage be and they are
hereby empowered to support all paupers within their re-
spective limits, out of the treasury thereof.

Towus tn support ^ 2. That the overseers of the poor of said towns shall
pcor. ^^g^ charge of, maintain and support the poor of their re-
spective towus, and exercise the same powers in relation
thereto now conferred by law, and all expense incurred
' for such maintenance and support shall be considered a

town charge; and it shall be the duty of said overseers to
certify to the board of town auditors of their respective
towns a true account of all expenditures and liabilities in-
curred under the provisions of this act; and the same, so
certified by said overseers, shall be audited and allowed
by said board, and certified and paid as other town charges
^ are certified and paid.

ing «bargeabie. § 3. If any persou shall become chargeable in any town
of said county in which he or she did not reside at the
commencement of the thirty days immediately preceding
his or her becoming so chargeable, he or she shall be taken
care of by the overseers of the poor of such town; and if
such poor person was a resident of any other town of said
county within the thirty days aforesaid, then the overseers
of the poor of the town having such poor person in charge

Overseers to give shall give uoticc to the overseer of the poor of the town
where such pauper resided, as aforesaid, that such person
has been chargeable as a pauper, and requesting said over-
seer to remove said pauper forthwith, and pay the ex-
penses incurred in taking care of him or her; and if such
pauper, by reason of sickness or disease or by the neglect
of the overseer of the poor of the town where he or she
belongs or for any other reasonable cause, shall not be re-
moved and such expenses are not paid, then the town

Sown may ens taking charge of such poor person may sue for and recov-

^u ISU.TU. ^^ from the town to which he or she may belong the
amount of expense incurred in behalf of such pauper.

osrtaiQ wctien § 4. The provisions of sections 12, 13, 14, 16 and 16
applicable. ^f chapter 80, of the Revised Statutes, entitled "Paupers,"
shall apply to and operate as between the several town;^
in said county in the same manner as they now do be-
tween the several counties of this state, and also between
each of said towns and the several counties of this state,
in the same manner as if each of said towns was a county
by itself; and in case any person becomes chargeable as a
pauper in any town of said county who did not reside in
said county at the commencement of the thirty days as
aforesaid, then the overseers of the poor of the town hav-

729 185S.

ing such pauper in cliarge shall give the same notice re-
quired in the third section ot'this act, to the authorities of
the county where such pauper belongs, whose duty it shall paupcr.
be to remove said pauper and pay to the said overseer of
the poor ail expenses incurred for his or her support; and
in case such county shall fail or refuse to make such pay-
ment, then tiie town in wiiich S;8tch pauper shall be so
supported, may sue for and recover from the county in
which such poor person belongs, the amount of expenses
incurred in his or her behalf.

§ 5. This act to takn effect from ar.d [after] the ninth
day of April, A. D. 1855.

Approved Feb. 16, 1865.

AN ACT in relation to the swaiiin and overtlovved iaiids in Jasper counf y. in i.jixa Seb. 9,

1855. .

Section 1. Be it enacted hy the people of the state of
Illinois, represented in the General Jisse7nbly, That the
county court of Jasper county be authorized to expend an
amount not exceeding six ti.iousand five hundred dollars
ibr the purpose of building three bridges in said county,
viz . two thousand live hundred dollars for a bridge at
Newton, two thousand dollars for a bridge at St. Mary,
and two thousand dollars for the bridge upon the Ewing-
ton road.

§ 2. That Charles W. Sharrack, John Brooks and comniissioBtra«
Thomas Patrick, be authorized to act as commissioners
to let the construction of the bridge at Newton, across Bricise across
the Embarass river, to good and responsible contractors, Kmbarass rw-
and to pay for the same by orders on the county treasury;
said commissioners to render an account of their expendi-
tures and doings to the county court, whenever called
upon by- said court so to do.

§ 3. That Joseph Picquate, Francis Fowler and Sam- commissioDen.
uel Todd, be authorized to act as commissioners for the
bridge to be built at St. Mary, across the Embarass river,
on the road leading from York to Olney. And that N. S.
Harris, James Redfield and James E. Jeems, be author-
ized to act as commissioners for the bridge to be built on
the Ewington road, leading from Ewington to Robinson,
across the Embarass river, ail within said county of Jas-
per, and under the same provisions as in section second.
That the amount of six thousand five hundred dollars ex-
pended in the erecdon^of the three bridges above named,
be plied from the moneys arising out of the proceeds of
62

1855. 780

t!ie sales of the swatnp and overflowed lands within said
county of Jasper.
Commissioners- § 4. The Said commlssioners shall proceed, as soon as
to publish no- pogsibie after the date of the passage of this act, to pub-
lish notice for six weeks, in such papers as tlieymay deeni
proper, for proposals to build said bridges, and they shall
proceed on the day of lig?t|ing of said woik, to let the same
to the lowest responsible bidders, and they shall require
said contractors to execute bonds with good and suf-
ficieiit security, to be approved in each case by the com-
missioners respectively, in a penal sum of double the
amount bid, conditioned for the faithful performance of
tlie contracts so entered into, which said bonds shall be
made payable to said commissioners or their successors, in
each case respectively.

§ p. Said commissioners may, if they deem it advisa-
ble, piocure a plan and specifications of said bridges, to
be drawn by some competent person, to be exhibited in
connexion with said notice, for which they may pay such
sum as maj^ be agreed upon by them.

§ 6. The county court of Jasper county are hereby di-
rected to proceed without delay to make such arrange-
ments and take such proceedings as to realise from said
swamp and overflowed lands the amount above specified,
as soon as practicable, so as to facilitate the speedy and
eiFectual construction of said bridges.

§ 7. This act to take effect and be in fqvce from and
after its passage.

Approved Feb, 9, 1855.

In force Feb. 9^ AN ACT to_^changii the name of Enseline Bowen to Emelirie Sampson, ami
'^^°" to declare her to be the legal heir of Dariands Sampson.

Section 1. Be it enacted hy the people of the state of
Illinois, represented, in the General Jissembly, That the
name of Emeline Bowen be changed to Emeline Sampson,
by which name she shall hereafter be called and known.

§ 2. In accordance with the petition of the said Dari-
ands Sampson the said Emeline is hereby declared and
shall be held to be his legal heir.

Approved Feb. 9, 1865.

731 1856.

A\' ACT conferring additional power upon administrators dc bonis noiu In torce Feb. 14,
and for other purpose?. ^^^*

Section 1. Be if enacted by the people of the state of
Illinois, represented in the General Jlsserhbly, That when
the administrator of any intestate or the executor of any
testator havinj^ obtained a juclgraent in his own name as
such administrator or executor, in any court of this state,
shall die before execution of such judgment, it shall and
may be lawful for tlie administrator fl'e fioyvz.? noit ov cum
iestamento annexo to revive jSuch judgment in his own
name, by a writ of scire Jacias in the same manner as an
executor or administrator may revive the judgments of his
testator or intestate. And it shall further be lawful for
such administrator de bonis nun or cum lestaviento an-
nexoy to avail himself of all such remedies, both legal or
equitable, for the collection of such judgments as the orig-
inal administrator or executor might or could have done
if still living.

§ 2. Tlie provisions of the foregoing section shall apply
as well to judgments already obtained by executors or ad-
ministrators as to those whicli may be hereafter obtained-
And in no case shall it be necessary for the administrator
de bonis non, or cum testamento annexo, where a judgment
has been already obtained against a debtor of his testator or
intestate, to obtain a new judgment in his own name upon
the original indebtedness, before he can entitle himself to
^all or any of the legal or equitable remedies against such
debtor, but such second administrator shall have full pow-
er and authority by virtue of said office as such second
administrator, to enforce sucli judgment already obtained,
in any court of law or equity in tiiis state, in the same
manner and to the same extent that the original adminis-
trator or executor might or could do, if living.

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

Approved Feb. 14, 1855.

AN" ACT to vacate a certain jfreet therein named. ' In torcp Fob. is,

1S55.

Section 1. Be it enacted by the people of the state tf
Illinois, represented in the General Assembly, That so
much of Water street as passes through block No. two of
the subdivision of the south fractional half of section
twenty-nine, in township thirty-nine (39,) north, range

1855. 732

fourteen (14) east of the third principal meridian, in Cook
county, as subdivided by the board of trustees of the Illi-
nois and Michigan Cana!, be and the same is hereby va-
cated, and the fee of the land heretofore included in ti;at
portion of said street so vacated is hereby vested in the
legal owners of said block two (2,) their heirs and assigns
to all intents and purposes: Provided, this act shall be so
construed as not to affect the prior legal or equitable riglits
of any"person or per-ons in and to said block two (2)'other
than Daniel Brainard and John Evans aforesaid.
Approved Feb. 12, 1855.

m foil-is FHi. 9, ^-^ ACT to at»tliori?p the county court of Gallatin county to levy an(i col-
JS55' lect a special fax, for the purpose of buildiiif^ a court house and clerk's

office, ami purchasing a site therefor.

Section 1. Be it enacted by the people of the state of
Illinois, represented in the General *jlssemhly. That the
county court of Gallatin county, in this state, be and they
are hereby authorised and empowered <o levy and collect
a special tax, not exceeding five cents upon one hundred
dollars' worth of taxable property in said county, to be
collected in specie, for the |)urpose of building a court
house and clerk's office and purchasing a site therefor at
the county seat of said county.

§ 2. The said tax may be levied and collected at the
same time that other taxes of* said county are byJaw levied
and collected.

§ 3. The tax by this act authorised to be levied and
collected, may be so levied and collected for the year
1855, and for each sjibsequent year until a sufficient
amount shall have been collected for the purposes afore-
said.

§ 4. The moneys collected under this act shall be paid
into the treasury of said county, acd shall be retained by
the treasurer thereof untiP the same shall_^be ordered by
said county court.to'be paid out for the purposes afore-
said.

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

Approved Feb. 9, 1865.

733 1855.

AN ACT to amend an act piititled " An act to authorise the board of ?u- jn force Feb. 14,
pevvisors ot Grundy county to borrow money and provide for the pay- 185&.

ment thereof," appioved March 4th, l8r)4.

Section I. Be it enacted hy the people of the state of
IHinois^ represented in the General Assembly, That the
board of supervisors of Grtindy county aie hereby autlior-
ised to apply so much of the mon'.^y collected or to be col-
lected by virtue of the act to whicli this is an amendment,
as shall remain^after the payment of the interest upon t'ne
bonds issued by virtue of the provisions of said act, to tlie
principal of the court house fund mentioned in said act, and
to use such surplus in the purchase of materials for, and
in the erection of, a court house in said county.

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

Approvfb Feb. 14, 1855.

AN ACT to change the name of William Wallace Fieid, ar.tl make I'.im heir in fore- Feb. 14,
of Koyal Reed. 'S55.

Section 1. Be it enacted by the people of the state of
Illinois^ represented in the General ,,d$seni';ly, That the
name of William Wallace Field, who is now residing witii xam<^e!ians?ci.
Rev. Royal Reed, at Joliet, Illinois, be and the same is here-
by ciianged to William Field Reed, and by the said name of
William Field Reed he shall hereafter be forever known
and called.

§ 2. That said William Field Reed shall be and is here- Lepaih«ir.
by made and constituted a legal heir of said Royal Reed and
his wife, with the full power and authority to take, hold,
enjoy and transmit any and all property that shall or may
descend to him from said Royal Reed or his wife in the
same manner as if he had been a natural borji child of said
Royal Reed and wife : Provided, that said Royal Reed shall Proviso.
first execute, under his hand and seal, and acknowledge
before some justice of the peace, clerk of the circuit court
or clerk of the county court of Will county, and cause to
be recorded in the recorder's oifice of said Will county a
certificate, certifying and acknowledging the said William
Field Reed to be iiis legal heir and adopted son; which said
certificate shall be recorded by the recorder of said Will
county, the same as deeds and other writings are required
to be recorded, and certified copies thereof shall be evi-
dence in all courts and places.

§ '■^. That when said Royal Reed shall have made the to have priviio-
certificate as specified in section two, of this act, and can- tZf "*"""'

1855. 734

sed tlie same to be filed for record in the recorder's office
of said Will county lie 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
William Field Reed as if lie were the natural born child of
said Roj/al Reed; and the said William Field Reed shall be
subject to the same control of said Royal Reed and to all
legal liabilities and restraints under him as if he were iiis ,
natural born child until he shall come at the full age of '1
twenty-one 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 Feb. 14, 1855.

In force Feb. 14, j\^-^ a^Q-f ^^ incorporate Jonesboro Lodf;e, No. One Huniired and Eleven, of
' ■ Free and Accepted Masons.

Section 1. Be it enacted hy the people of the state of
Iltinois, represented in the General AHsemhly^ That all
such persons as are or may hereafter become and shall so
remain members of Jonesboro Lodge, No. 1 11, of Free and
Accepted Masons, at Jonesboro, Union county, Illinois,
and from and after the passage of this act shall be and
they are hereby constituted a body corporate and politic

Name nnd style, by the name and style of "Jonesboro Lodge, No. ill, of
Free and Accepted Masons," and by that name they and

powrrs. their successors shall have succession, and shall in law be

capable of suing and being sued, pleading and being im-
pleaded, answering and being answered unto in all courts
of law and equity whatsoever, and by that name and style
be capable of purchasing and receiving by gift or other-
wise, iiolding and conveying real estate for the benefit of
said lodge : Provided, that said corporation shall not at
any one titoe hold property to an amount exceeding ten
thousand dollars.

'fnistees, § 2. For the purpose of carrying into eifect the objects

of this act, the three highest officers of said lodge shall
always be and are hereby appointed trustees, to hold their
offices as such in said lodge as appointed by said lodge
and qualified from time to time.

py-iawa. § 3. The said corporation shall have power to make

such by-laws and regulations as may be deemed necessary
for the government of their concerns and for the purchase
and transfer of real estate : Provided, that said ordinan-

735 1856.

ces and by-laws shall not be repugnant to the constitution
and laws of tliis state and of the United States.

§ 4. A certificate under tiie seal of said corporation
that the said lodge has been duly organized, recorded in
the office of the clerk of the circuit court shall be evidence
of the existence and organization of said lodge.

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

Approved Feb. 14, 1855.

AX ACT to idcorporate Masonic and Odd Fellows' lodges, div!siou:j of t!ie In force Feb. 15,
Sons ot Temperance awA other benevolent societies. ' ibDo.

Section 1. Be it enacted by the people of the state of
Illinois, represent&d in the General Jissemhly, That any
number of persons, not less than three', may voluntarily as-
sociate themselves together for either of the following pur-
poses : To organize Masonic and Odd Fellows' looges,
subordinate to their several general lodges, and also divi-
sions of the Sons or Daughters of Temperance or any other
ciiaritable or benevolent institutions, associations or orders.

§ 2. Any such order, lodge or society that may wish to
become incorporated under and by the provisions of this
act shall file in the office of the clerk of the county court
in which said association, lodge, order or society shall be
or is now organised and located a certificate, in writing,
setting forth the name of such association, the objects of
the same, the place where the meetings of such society are
heJd, which certificate shall be signed hy the presiding of-
ficer of said association, the secretary and treasurer, and
attested by the seal of the association; and such associa-
tion, pfter having filed the certificate, as required by this
act, shall be deemed and held a body corporate and poli-
tic, and under the name and style stated in such certificate
may sue and be sued, plead and be impleaded in all courts
of law and equity in this state, and shall have power to
contract and be contracted v/ith, and have and use a com-
mon seal.

§ 3. That any such association incorporated under this
act may take, by purchase, grant, devise, gift or otherwise,
any town lots or tracts of land, and may sell and dispose of
the same and execute deeds of conveyance, signed by the
presiding and secretary and attested by the corporate seal
of the association : Provided, however, that such associa-
tion shall at no time hold real estate exceeding in value
thirty thousand dollars.

§ 4. An}- such association, when organized and incor-
porated as aforesaid, may make and establish all such/ules,

l«55. 736

by-laws and regulalions necessary to carry out and enforce
the objects of" such association, not inconsistent with the
constitution and laws of this state or of the United States.

§ f). The secretary of every such association shall keep
a fair record of the proceedings thereof in a book provided
for that purpose, and such record or copies duly certified
and attested by such secretary, with the seal of said cor-
poration, may be read in evidence in any of the courts of
law or equity of this state where the interests of such cor-
poration are concerned.

§ 6. Any such corporation may acquire and possess per-
sonal property and sell and dispose of the same : Provided,
they hold or possess a greater amount and value of five
thous^d dollars at any one time.

§ 7. If at any time the said association shall change the
]>lace of holding their regular meetings they shall give no-
tice of the same by filing in the office of the clerk where the
saia certificate is filed a notice, in writing, of tlie place
where the place of holding their said meetings are to be
held, and in failure to do so within five days after changing
the same all the privileges herein granted shall be and they
are hereby forfeited.

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

Approved Feb. 15, 1855.

In force Feb, 11, AN ACT to authorise the relocation of a county seat llieifiu nuiBed.

1835

Section 1. Be it enacted hy the peoj^le of the state of
lllinuis, represented in the General Assembly, That the
qualified voters of McHenry county shall, at the next gen-
eral tlection, to be held in said county on the first Tues-
day of April, A. D. 1855, decide, by vote, whether they
will change the site for their county buildings from their
present location to a point within a mile of the place where
the Fox River Valley Railroad and the Illinois and Wis-
consin Railroad intersect eacli other, and not more than
one mile from Crystal Lake, in the town of Algonquin.

§ 2. At said election the manner of determining the
wishes of the people of the county shall be by ballot " for
removal" and " against removal." And if a majority of the
leo-al votes cast at said election upon the question of remo-
val shall be " for removal" then it shall be the duty of the
three commissioners herein provided for to proceed to lo-
cate said site for county buildings, in accordance with the
provisions of sec. 1 of this act.

1866,

§ 3. Within three years after the location of tlie site,
as provided for aforesaid, it shall be the duty of the board
of supervisors of said county to erect and iinish suitable
buildings thereon, for the purpose of holding courts and
transacting all business required by law to be done at
county seats ofjustice, and immediately thereafter to cause
the records, books and papers of said county of McHenry
to be removed to said buildings.

§ 4. John Sibley, Peter W. Deitz and Thomas Hunt-
y of said county of McHenry are hereby appointed com-
issioners as hereinbefore provided to select the place for
eating said county buildings; and when they have made
buch selection and obtained a good and equitable title
thereto they shall cause the deed or deeds to be recordec!
in the book of records of said county, and give notice of
such selection by advertisement published fur six succes-
sive weeks in all the nev^^spapers published in said county.
And the said commissioners abovenamed shall each receive
three dollars per day for all of the time* necessarily em-
ployed in the discharge of the duties hereinbefore imposed
upon them, to be paid out of any moneys in the treasury
of the count}' not otherwise appropriated.

§ 5. In case of disagreement of said commissioners as
to the location to be selected for s?id county buildings a
majority shall control their decision and be considered
final. And it is further provided^ that in case of the refu-
sal or inability of either of said commissioners to act two
shall be competent to act and appoint another, who shall
be a freeholder and voter of the county, to fill his place.

All acts or parts of acts in contravention of this act are
hereby repealed.

Approved Feb. 14, 1855.

JOINT RESOLUTIONS.

JOINT RESOLUTION of the House of Representatives, concerning ex-
tension ot patents for Reajung and Mowing Machines.

Resolved by the Senate and House of Representatives
of the state oj Illinois, in the General Jissembly, That our
senators be instructed, and our representatives in con-
gress requested, to use all honorable means to prevent
any renev/al by congress of the patents formerly granted
to Cyrus H. McCormick, Moore & Haskell and Obed
Hussey, for reaping and mowing machines, as such exten-
sions v/ould operate to the great detriment of the agricul-
tural interests of this state.

Resolved, That the governor be requested to forvv^ard to
each of our senators and representatives in congress a
copy of the foregoing resolution.

Resolved by the Honse of Representatives, the Senate con-
curring herein, That each member and officer shall be
furnished a bound copy of the journals and lavi^s of the
nineteenth general assembly.

1855. 740

JOINT RESOLUTION in relaMon to State Agent.

Resolved by the Senate^ the House of Representatives
concurring lierein, That the governor of* this state be au-
thorised lo take steps to procure the payment of all sums
of money due to the state by tlie state agent, Julius Wads-
wortl), and if necessary, to institute legal proceedings
against the securities upon his bond for the recovery of
the same ; also, to take legal Steps to recover all moneys
due to the state by the firm of Wadsworth & Sheldon, at
New York.

Rffso/ved by the Senate^ the House of Representatives
concurring tierezn, That tiie secretary of state be in-
structed to publish all laws of a general nature, passed at
this session of the general assembly, in the State Register
and Illinois Journal immediately after the adjournment of
the general assembly; which laws so published shall be
evidence of what therein is provided: Provided, that the
cost of publishing said laws shall not exceed one hundred
and fifty dollars to each paper, and that one copy of each
paper containing such Jaw^ shall be furnished to the clerks
of the circuit and county courts, the members of the gen-
eral assembly, and to each of tbe judges of the circuit
courts of this slate.

RE.S('>LUTION in relation (o iiilernatisiial exfhnnge of books.

Resolved by the Senate oj the General Assembly of the
state of I'/inois, the House cf Representatives concurring
herein, That the secretary of state be and is hereby au-
thorised to select from th.e law reports, journals and other
public documents published by tlie state of Illinois, from
one to twelve copies of each, as can be conveniently
spared, and that he transmit the same to Alexander Vatte-
man, general agent of international exchange.«5, at Paris,
to the end that the state of Illinois may hereafter partici-
pate in the noble system of int'^rnational exchanges founded
by Monsieur Vatteman; and that he place in the state libra-
ry such works of art, science and public interest as may
be received in return.

741 1855.

JOINT RESOLUTION to lequire Ihe census of den!; and dumb persons in
the state of Illinois.

Resolved by the*' Senate and House of Representatives,
tlie Senate concurring herein. That the several officers
taking the census under the act of the present session be
instructed to take and return to the secretary of state the
nnuies and ages of all deaf and dumb, blind and insane per-
sons residing in the state of Illinois; and also the names of
the heads of families in which they reside, and their j)Ost
ofnce address; and that the secretary report the same to *

- legislature at its next session.

Resolved by the House of Representatives, the Senate
concurring herein. That three thousand copies of the
report of the State Agricultural Society and accom-
panying papers be printed, under the direction of said
society; that one thousand copies be for the use of
the legislature, two hundred copies for the stats library,
and the remainder for the. use of the state society, and for
distribution to the agricultural, mechanical and liorticu.I-
tural associations throughout the stj»te.

JOINT RESOLUTIOxN in relation to the soldiers of: 1S1>, and tiieir widows

and orphans.

Whereas the people of the state of Illinois are deeply im-
pressed with the importnnce of the claims of the patriot
soldiers of the war 1812 or their widows and orphans
upon the general government for relief in their declin-
ing years; therefore.

Resolved by the Senate oj the state Illinois, the House of
Representatives concurring therein, That we instruct our
senators and request our representatives in congress to
aid in the passage of a law giving them a pension in money
or lands adequate to tlie services they rendered tiieir
country in her hour of peril, and sufficient for the support
of their declining years.

^nd, be it further resolved, That his excellency the gov-
ernor be requested to forv/ard a copy of these resolutions
to the senators and representative? in congress now reprc"
dentins the state.

mS' 742 I

Resolved hy the House oj Representatives^ the Senate
concurring herein. That Messrs. Owen Lovejoy of Bu-
reau county, S. D. Masters of Menard, John E. McC: -
of McLean county, S. W. Moulton of Shelby coun ,
Robert Boal of Marshall county, and G. D. A. Parks ( f
Will county, of the house, and Messrs. B. C. Cook of La
Salle county, B. Graham of Henry county, andjJ.M. Camp-
bell of McDonough county, of the senate, be and they are
hereby appointed a committee to visit each and all of the ;
(>, state institutions located at Jacksonville, and to invest!- ■

gate all pecuniary claims, together with ail other matters
connected with the interest and proper management of
said institutions respectively; and said committee are
hereby clothed with full power to send for persons and
papers and examine witnesses under oath.

Resolved J ur the r. That said committee shall have power
to sit at any time after the adjournment of the present ses-
sion of the legislature, and continue from day to day u: '!
they shall have accomplished the object herein cont.
plated.

Resolved further, That said committee shall report the
result of their inquiries to this body at its next session the
first week thereof. And that they shall receive two dol-
lars per day for each day necessarily engaged in such
business, and ten cents per mile for each mile traveled

JOINT RESOLUTION iu relation to swamp lands.

Whereas by an act of congress, approved September C ',
1850, certain swamp lands were donated to this state,
and in consequence of their not having been withdra ,;n
from market before they were selected by the comirJs- j
sioners appointed for that purpose a portion of said lanos
were purchased, buna fide, of the United States and paid
for in money or bounty warrants; and whereas, also, the
state of Illinois, by an act of the general assembly, ap-
proved June 22, 1852, made it lawful for the difiereiit
counties to whom the lands were donated to convey sucli
of said lands as were purchased as aforesaid to the pr.-
chasers, and to take the assignment of said bounty v/ai-
rants; now therefore, to do justice to the purchasers and

743 1855.

to prevent?the necessity of the counties making the trans-
fers of title and take the assignment and traffic in boun-
ty warrants, and to prevent the refunding of the taxes
already collected by the state that are assessed upon said
lands, <^

Resolved, Thalfour senators be instructed and our rep-
resentatives be requested to inlroduce into the congress
of the United States and use their best exertions to pro-
ci.re the passage thereof, at its present session, an act re-
quiring the United States to issue patents conveying to the
purchasers of such swamp lands as were purchased, bona
fide^ and after the passage by congress of said swamp land
act, and before the'same were withdrawn from market, and
to require the general government to pay to the state of Illi-
nois, for the benefit of the counties respectively entitled to
the same, the amount received by the United States for
said lands.

Resolved, That the governor be requested to transmit a
copy of these resolutions and preamble to each of our sen-
ators and representativesjn congress,

)

JOINT RESOLUTION gi-anting to the Illinois Teachers' Institute a copy
of the published laws of the state.

Resolved by Ihe House of Representatives of the state of
]/linois,\the Senate\concurring herein. That the secretary
of state be authorised to furnish to W. F. M. Arny, agent
of the IllinoisfState Teachers' Institute, one copy of each
of the laws, journals, reports and other documents which
may be on hand, as published by order of the general as-
sembly of our state — said laws and documents to be pla-
ced in the library of said teachers' institute for the use of
its members.

Joint resolution relative to a convention to alter the Constitution.

Resolved by the Senate and House of Representatives of
ihe General Assembly of Illinois, That the electors of the"
state of Illinois be and are hereby recommended, at the
next election for members of the general assembly, to vote
for or against a convention for the purpose of altering or
amending the constitution of the state of Illinois.

5581 744

Hesolved hy the House, the Senate concurring herein.
That our senators in congress be instructed and that the
members of the lower house in congress from tliis state be
respectfully requested to oppose any and all efforts having
for iheir object the disturbance of the compromise meas-
ures of 1850, including the fugitive slave law.

DEPARTMENT OF STATE,
Springfield, Illinois, September ^Olh, 1855.
T, Alexander StarnEj Sscretary of State o£ the state cf Illinois, do hereby jbertlfy that the foregoing
(except the words printed iu brackets, thus [ ] , which are inserted for the purpose of correction and explana-
tion,) are true iiudperfoct copies of the enrolled laws and joint resolutions on file in my ofRoe.
In testimony wherejf I havohcreunto set my hand. on the day and year aforesaid.

ALEXANDER STARNE,

Secretary of Stale,

IN D EX.

INDEX.

367
376

382

373
536

392
731

644

268

Acadeiniea —

Amboy, incorporated, - 361

Elgin, cliarter amended, - 364

Glenwood Preabyterial, incorpo-
rated,

Mount Vernon, incorporated,

Moultrie county, "

Peoria, ''

Union, "

A&ingdon College, "

Addison Farmers' Mutual Insusance

Company,
Administrators, de bon s non,
Alton, city, to tix the limits of,
Alton Gas L;gbt and Coke Company,

incorporated,
An act to authorise the purchasers of a
certain railroad to become a
corporation,

consolidate certain railroad com-
panies, - - 287

enable railroad companies to en-
ter into operative contracts, - 304

incorporate cerlain persons there-
in named for religious purpo-
•es, - - 5S4

vacate a certain town plat therein
named, - - 603

change the name of ceitain per-
son therein named, - 687

change the name of a certain per-
sona therein named,

legalize tUe act o£ justice of the
peace therein named,

attach a part of township 14 south
to 13 south,

repeal certain acts therein named, 704

autiiorise counties therein named
to b jrrow money,

for the relief of certaiu persons
therein named,

authorise the trauscribiag of cer-
lain records, - - 718

vacate a certain street therein na-
med, - - 731

relocating & county seat therein
med^ - - 736

687

695

702
704

704

717

Barry, town of, alley vacated, - 688

Bereao College, incorporated, - 613

Beiriau, town of, name changed, - 45

BelleTille, town of, charter amended, - 53
Bellerille and Fairfield Railroad Compa-
ny, incorporated, ~ 296
Belleville Mutual Fire lusuranc* Com-
pany, incorporated, - 388
Belleville Fire Company, incorporated, 591
Mutual AidSoci«ty, incorporated, 657
Belvidere and La Salle Railroad Com-
pany, incorporated, - 313
Benevolent Institution of Chicago, in-
corporated, - - 586
Bloomington, city of, incorporation !e-

galized, - - 52

Bloomington, Kankakee and Indiana

State Line Railroad Compaoy, 342
Bloomington Gas Light and Coke Com'

pany, incorporated, - 65W

Bowen, Emeline, name changed, - 730

Boone county, supervisors auihorised to

levy an additional tax, - 713

Brighton, Methodist Episcopal Church, 707
Biookiyn, town of, incorporated, - 170

Buel Institute, " - 505

Byron, town ol, plat vacated, - 201

Carthage, for the benefit of, - 44

Carlyle, town ot, charter amended, - 46
Carlinv ille, town of, incorporated, - 184
Canton Mechanics' Saving Institute, ia-

corpo rated, - - 705

Cairo Gas Light and Coke CompaEj, in-
corporated, - - 648
Caseyville Sieam Mill Company, incor-
porated, - - 634
Cantine Manufacturing Company, incor-
porated, - - 630
Cape au Grey Ferry established, - 597
Cairo Farmers' Tobacco Warehause

Company, incorporated, • 552

CarboAdal* Cemetery Association, incor-
porated, - " '^5v

[iv]

INDEX.

Cabinet Makers' Society of ChieagOj in-

corpoiated, - - 726

Carroll county, autbori»ed io grant pre-
emptions on swamp lar;d»,
Central Military Institute, incorpora-
ted,
Cedarville Cemetery Associatioa, incor-
porated,
Ghiiinpaign and VernaiUwn Railroad and

CoaS Mining Company,
Chicago and Desplaines Railroad Com-
pany, incorporated,
Chicago and Aurora Railroad charter,

amendtd, »

Chicago and Aurora Central Military
Tract and Moline Cross Rail-
road Coiiipany,
Chicago and Milwaukee Railroad Com-
pany, -
Chicago and Missi.'sippi Railroad Com-
pany, namRchansad,
Chicago and Rock Island Railroad Com-
pany, charter amended,
Chicag^ Theological Seminary, incorpo

rated,
Chicago City Insurance Company, in-

corpoiated,
Chicago Fireojen^a Insurance Coicpany,

incorporated,
Chicago City Hydraulic Coaopany, char-
ter amended, - - 564
Chicago Tunnel Ccmpany, tncorpora-

t«d, -
Chicago Gas Light and C«ke Company,

charter Jinendcdj
Chicago Hydraulic Ccmpany authorised

to sell their p. operty,
Chester, city of, incorporated,
Chestautwood, John, name changed,
Chute, Catharine, name changed,
Cities-
Alton, to 'fix th« limits of,
BsHeville, charter amended,
Bloomington, incorporation

Freeport, "

Jacksonville, charter amended,
Macomb, incorporated,
Marshall, "

Nauvoo, charter amended,
Ottawa Free School, e»tabliah«d, 220
Peoria, amendment to charter, - 118
Peona, alley vacate>l,
Quiucy, section second of article

fifth, amended,
Quiacy, charter amended,
Rockford, charter amended,
Springfield, charter amended,
Urbana, incorporated,
Warsaw, charter amended,
Clark Semiuary-j incorporated,

- 727

- 275
456

336

288

322

324

- 375

415

- 4i2

571

642

721

- 144

- 665

- 726

- 43

- 53

of.

52
199
144
108
122

10
'-^32

193

491

- 59
-^43

- 75

- iSS

- 700

- 384

Clinton Lodge, No, 19, incorporated, - 675
Clinton, town of, incorporated, - 175

Collinsville, town of, incorporated, - 5()
Columbus, town of, incorporated, - 184

Collinsville Plank Ro»d Company, for

relief of, - - 467

Columbiana Ferry, establiahed, - 598?

Crawford county, authorised to levy a

special tax, - - 710

Cumberland county, authorised to relo-
cate county »eat, - - 712

Danville Coal Mining Company, incor-
porated, - - 587

Danville, town of, incorporated, - 22

Dallas Ferry, charter amended, - 60b

Decatur, proceedings of the trustees of,

legalized, - - 44

city of, incorporated, - ICS

Maiine Fire Insurance Ccinpauy, 411

Dcolitile, Eei.jiimin, name chcngpri, - 704

Drainage of wet land in townships 41

an .,12, - - 57b

Drainage o^'wet land in townships 42,

43 and 45, - - 63r.

Drum, Thomas, providing for the settle-
ment ol: judgment in favor of, 69ft

Dupage county, lor the support of pau-
pers, - - 728

Duquoin Female Seminary, incorpora-
ted, - - - 37"

Edgar County Agricultural Society, in-
corporated, - - 67}
Ei.-enmayer and others authorised to

build plank road, - 46'

Elyda, town of, name changed, - 69"-

ElgJn Academy, charter amended,

town of, corporate powers revi-
sed, - - 1?^
Equality Salt Company, incorporated, 649
Erwin, David Lewi», name changed, - 661
Eureka College, incorporated, - 540
charter amended, - - 585
Ewington, town ef, incorporated, - 54

Faithdropp, Herman, and Frederick
Mendrop authorised to con-
struct a mill dam.
Ferries —

across Illinois river, at Laeon, - H
Smith Fry, authorised to estal-
lish, - - - 51

INDEX.

[v ]

Ferries —

charter therein named, extend-

ed, -
across Mississippi river, at Cape

au Grey, -

across Kaskaskia river, -

acros9 Illinois river, at Golumbi-

ana, - - -

across Kaskaskia river, at Fayette-

ville,
charter, extended, -
across Mississippi river, at Ran-
dolph, - -
across Cache river, at Unity,
DallaS; charter amended,
established in Pike county, -
across the Illinois river, -

5«8

597
597

598

599
603

604
605
606
606
610
655
733

Field, Wm. Wallace, name changed, -
Fox River Valley Navigation Compjny.

incorporated, - - 639

Freeport, town of, aulhorising a resur-

v«y of Rice's addition, ~ 48

city of, incorporated, - 122

Hotel Company, incorporated, - 595
Gas Light and Coke Cocnpany, - 613
Franklin county swamp land appropri-
ation, - - 725
Building Association, incorpora-
ted, - - 615
Fry, Smith, authorised to establish a

feri-y, - - 549

Fulton Ssminary, incorporated, - 380

Galena and Chicago Union Railroad

Company, charter amended, - 284
Garden City Insurance Company, incor-
porated, - - 401
Garrett Biblical Inotitnte, incorporated, 511
Gallatin county, authorised to levy and

collect special tax, - 732

Geneseo, town of, incorporated, - 1

German School Association, incorpora-
ted, - - 514
Germsnia Fire Company, incorporated, 990
Girard, town ol, incorporated, - 194
Glen wood Presbytenal Academy, incor-

poratftd, - - 367

Golconda, town of, ji^tice of the peace

So be elected, ~ — 198

Greenville, town of, incorporated, - 29
Greenup, town of, " - 89

Granville, town of, plat vacated, - 194

Grayville, town of, incorporated, - 2U3

Great Western Railroad Company, char-
ter amended, - - 347
Greenville MututI Fire and Insurance

Company, incorporated, - 418

Grand DeTour Bridge Company, incor-

poratad, - - 607

Grafton Manufacturing Company, incor-

portted, - - 613

Grundy and Livingston counties, juris-
diction of county courts extend-
ed - - 656

Grand Lodge of Illinois Free Masons,

charter amended, - 681

Grayville, town ol, for relief of, - 689

Granville, street vacated and the name

changed, - - 092

Grundy county, supervisors authorised

to dispose of swamp lands, - 702

Greenup Lodge, No. 125, Free Masons,

incorporated, - - 708

Grundy county, supervisors authorised

to borrow money, - 73'i

Hancock Lodge, No. 20, Free Masons,

incorporated - - 673'

Hahnemaa Medical College, incorpora-
ted, - - 530

Helmantoller, James, name changed, - 686

Herman's Sons' Lodge, No. 27, Free
Order of the Grand Lodge of
New York, - - 676

Hilbboro, town of, incorpornted, - 180

Builimg Association, incorpora-
ted, - - 600

Hibernian Benevolent Society of Chica-
go, incorporated, - - 70*>

Illinois Centra! Railroad charter amend-
ed,
Illiiioia Central Cross Railroad idcorpo-

lated,
Illinois Mutual Five and Insurance

Company, - u'

Illinois State Teachers' Institute incor-
porated,
Illinois Institute incorporated,
Illinois Military Institute,
Illinois Iron, Lead and Coal Company

incorporated,
Illinois River Bridge Company charter

amended,
Illinois and Wisconsin Mining and
Manufacturing Company in-
corporated,
Illinois Central Coal Mining Company

incorporated, •■

IncorporatioDJ —

Abingdon College,
Addison Farmers' Mutual Insur-
ance Company,
Alton Gas Light and Coke Com-
pany,
Amboy Academy,
Atlanta Seminary,
Atlanta, town of,
Bellevidere and La Salle Rail-
road Company,

28S

;. 387

- 30G
. 507
. 509

- 539
., 557

.. 610

- 628

- 53&

- 392

- fi.!4

- 361

- 353

- 163

- 313

[vil

INDEX.

IncoTporations—

Belleviileand Fairfield Railrotd
CoEapany,

Belleville Mutual Fire and In-
surance Company,

BelJeville Fire Company,

BeUevslle Mutual Aid Society. -

Beresn College,

Bloomington and Indisna State
Line Rai]road Ccmpany,

BJoomingtoD Gks Light and
Coke Company,

Esrookiyi), town of,

Bue3 Institute,

Cabinet Makers' Society of Chi-
cago,

Carlmvjile, to??n of,

CarbondaSa Cemetery Assocja'
tjon, ~ _ °

CaJro Farmeis' Tobacco Ware-
bouse Company,

Cciro Gas Light and Coke Com-
pany,

Casayville Steam Mil! Compa-
ny, - r ^ ■

CantoB Manufacturjng Comp«-

uy, - " , ■

Canton Mechanic Saving Insti-
tute,

Certain Raikoads therein named
4o become a corporation,

Certain persons thfrein uauied,
for lelj-^ious purposes,

Ceiitra3 Military Tract R«i!-
joad,

Cedaryille Cemetery Assoeia-
tion,

Chfister, town of,

Chicago and DfspleJQi Rail-
road,

Chicago Theologicai Seminai-

TV,

Cliicago Cily Insurance Compa-

Chicago Firemen's Insurance
CoiJipauy,

Chicago Tunnel Company,

Champaign and Vermilion Rail-
road and Cos! Mining Compa-
ny, - -

Clinton Lodge, No. 1&, -

Clinton, town of,

Clark Semijjary,

CoJumbus, town of,

Collinsvilie, town of,

Danville, town of,

DtDville Coal Mining Compa-
By, - -

Beaatur Marine and Fire Insur-
ance Company,

Dacatur, city of,

Drainage Commisiiouers,

Duquoin Female Seminary,

298

388
590
657
513

342

170

505

726
226

458

552

634
630
705

2r,8

58)

275

416
144

277

. 375

. 415

422
• 571

336
675
175
384
187
50
22

587

411

1U8
576
370

Incorporations —

Edgar County Agricultural So-
ciety,
. Equality Salt Company,
Ewington, town of,
Eureka College,
Fox River Valley Navigation

Company,
Freeport, town of
Freeport Hotel company,
Freeport Gas Light and Coke

Company,
Franklin Building Association, -
Fulton Seminary,
Garden City Insurance Compa-
ny, -
Gairett Biblical Institute,
German Sctiool Association,
Germania Fire Company, No. 3, -
G«neseo, town of,
Girard, ti'wn of,
GItnwcod Preybyterial Acade-
my, -
Grand De Tour Bridge Compa-
ny, -
Grafton Manufacturing Compa-
ny, -
Greenup Lodge, No. !25, Free

Masons,
Greenville Mutual Fire Insur-
ance Company,
Greeiup, town of,
Greenville, town of,
Grayvilloj town of,
Habni>man Medical College,
Hancock Lodge, No. 20, Free

Masons,
Herman's Sons Lodge, No. 127,
Free Order Grand L»dg«, N.
York,
HilUboro, town of,
Hiilsboro Building Association,-
Hiberniea Benevolent Society of

Chicago,
llliDoia Central Cross Railroad

Company,
Illinois State Teacbera' Insti-
tute,
Illinois Institute,
Illinois Military Institute,
Illinois Iron, Lead and Coal

Company,
Illinois and Wisconsin Mining
and MaDufacturiuf Company,
Illinois Central Coal Mining

Company,
Irish Benevolent Society of

Quincy,
JacksonviHe Gas Light and Coke

Company,
Jacksonville and Savanna Rail

road,
Jerstyyilla, town of,

671

649

540

639

595

643
615

380

461
511
514
699
1

- 194

■ 367

- 607

- 613

- 70t

- 418

- 89

- 29

- 203

- 530

- 673

. 67»
. 180
. 600

. 70«

. 312

. 506
. 507
. 509

- 539

- 611
. 628

- 722

- 64«

356
33

INDEX.

[viij

Incorporations —

Joliet and Chicago Railroad

Company, • - 263

Joe Daviess and Stephenson Rail

road C'^mpsny, - - 337

Jonesboro Lodge^ No. Ill, Free

Masons, - - 734

Knoxville Masonic and Odd Fel-
lows Joint Stock Company, - 683
La Salle and La'ayette Railroad

Company, - - 251

Lee Centre Cemetery Associa-
tion, -^ - - 446
Masonic and Odd Fellows Lodges,
Division ui the Sons of Tem-
perance and other benevolent
societies, - - 735
Macomb, town of, - - 10
Marshall Cemetery Association,- 442
Macomb Mutual Insurance Com-
pany, - - 407
Marion County Fair Ground As-
sociation, - - 618
Masonic Hall Stock Company, - 678
Masonic Temple Association, - 696
Marshsll, city of, - - 232
Marion and Jefferson County

Railroad Company, - 228

McHenry,town of, - - 240

Metropolis and Vienna Turnpike

and Plankroad Company, - 470
Metropolis and Evansville Rail-
road Company, - - 289
Metropolitan Cemetery Associa-
tion, - - 448
Mercantile Insurance Company, - 387
Moline Water Power Manufac-
turing Company, - - 651
Moline and Rock River Plank
and McA-lami'ed Road and
Bridge Company, - 488
Moline, towo of, - • 76
Mount Vernon Railroad Compa-

ny, - - 249

Mount Sterling and Carroilton

Railroad Company, - 260

Mound City Railroad Company, - 281
Mount Carroll Seminary, - 363

Mount Vernon Academy, - 376

Mound Cemetery Association, - 454
Marengo Collegiate Institute, - 503
Morris Briiige Company, ^ 558

Morgan County Agricultural and

Mpcbanical Association, - 612

Moultrie County Academy, - 382
Northwestern Masonic Univer-
sity, - - 500
North Illinois UniverBity, - 500
Oak Wood Cemetey, - 473
Oquawka Lodge, No. 123, Free

Masons, - - 684

Palestine, town of, - 69

People's Gai Light and Coke

Company, - - 614

Peoria University, - - 484

Incorporations —

Peoria Academy, - - 368

Pekin, Canton and Macomb Rail-
road Company, - - 257

Philomathi of Abingdon, - 588

Phoenix Coal and Iron Compa-
ny, - - - 550

Pittsfield and Shelbyville Rail-
road Compfiny, - - 330

Pontiac Coal Company, - 590

Pocahontas Tribe, No. 1, Impe-
rial Order Red Men, - 674

Putnam County Fire Insurance
Company, - - 430

Quiiicy English and German Sem-
inary, - - 377

Quincy Saving Insurance Compa-
ny, - - 385

Quincy and Mendon Plank Road
Company, - - 479

Quincy Water Company, - 553

Quincy Wood and Coal Compa-
ny, - - - 62«

Richmond Cemetery Associa-
tion, - - - 438

Richmond Lodge, No. 143, Free
Masons, - - 589

Robert Burns Lodge of Masons, - 673

Rockford Gas Light and Coke
Company, - - 653

Rockford Central Railroad Com-
pany, - - 2r9

Rock Island and Alton Railroad
Companj, - - 305

Savannah Cemetery Associa-
tion, - - 441

Salem, town of, - - 49

Sewerage Commi-sioners, - 93

Shawneetown Coal Mining and
Manufacturing Company, - 617

Southern Illinois Female Col-
lege, . - 517

Sparta Cemetery Association, - 452

Springdale Cemetery, - 460

Springfield Water-works Compa-
ny,' - - 544

St. Louis and Illinois Bridge
Company, - - 601

Tazewell County Agricultural
Society, - - 6fi5

Tailors' Association of Chica-
go, - . - 612

Thebes Marble Working and
Manufacturing Company, - 620

Tiskilwa, - - 154

Trustees of Nashville Acade-

my.

6.'8

Trible Family Cemetery Associa-
tion, - - 445
Union Academy, - - 373
Urbana Male and Female Semi-
nary, - - 372
Urbana, city of, - - 135
Waterloo, town of, - 192

[ viii ]

INDEX.

Iricorporations —

Waugusha Mutual Insurance Com-
pany, - - 403
Waterloo Carondelet Turnpike

Road and Ferry Company, - 521
Warsaw Library Association, - 628
Wabash Mining Company, - 631
Waukegan Gas Light and Coke

Company, - - 645

Washington Lodge, No. 55, Free

Masons, - - 685

Winnebago Swamp Drainage

Couapany, - - 592

Willow Creek Cemetery Associa-
tion, - - 451
WilUrd Grore Cemetery Asso-
ciation, - - 440
Woodland Home, - - 668
Ynung Men's Association of
Freeport, - - 533
Indiana and Illinois Central Railroad

extended, - - 311

Insurance and Trust Company, - 380

Ingraham, James, restored to citizen-
ship, - - 686
iadependence, town of, name changed,- 703
troquois C«unty, drainage ot swamp

land, - - 723

Irish Benevolent Society of Qaincy, in-
corporated, - - 722
Iroquois county authorised to borrow

money, - - 724

Iftsuraoce Companies —

Quincy Saving Insurance Com-
pany incorporated, - 385
Insurance and Trust charter

amended, - - 386

Union Insurance Company char-
ter amended, - - 386
Illinois Mutual Fire charter ex-
tended, - - 387
Mercantile Insurance Company

incorporated, - - 387

Belleville Mutual Fire and Insur-
ance Company, - - 388
Garden City Insurance Company

incorporated. - - 401

Waugousha Mutual Insurance

Company, - - 403

Macomb Mutual Insurance Com-

pan\ incorporated, - 407

Decatur Marine and Fire Insur-
ance Company incorporated, - 411
Chicago City Insurance Compa-
ny incorporated, - 415
Chicago Fireman Insurance Com-
pany, - - 422
Greenville Mutual Fire Insurance

Company incorporated, - 418

Putnam County Fire Insurance

incorpoiated, - - 430

Benevolent Institution of Cbica-
eo, " - 586

Jacksonville Gas Light and Coke Com-
pany incorporated, - 646

Jacksonville charter amended, - 47

Jacksonville and Savanna Reilroad

Company incorporatad, - 356

Jasper County iu relation to swamp

land, ■ - - 729

Jacksonville, part ef Court street va-
cated, - - 193

Jersey ville, town of, incorporated, - 33

Joliet and Chicago Railroad Compa-
ny, - - 263

Jo Daviess and Stephenson Central Rail-
road Company, - - 337

Jonesboro Plank road Company charter

amended, - - 467

Jones, Elizabeth, name changed, - 691

Jonesboro Lodge, No. Ill, Free Masons

incorporated, - - 734

Joint Resolutions. See Resolutions.

Kankakee county, authorised to borrow

money.
Depot, name changed,
river, townships therein named

authorised to build a bridge

acro?3, -

county, townships No. 30 and 31

attached to,
town of, plat vacated, &c.,
Kasliaskia river, ferry established

across,

" " « at Fayette-

ville, -

river ferry, charter extended,

»' Navigation Company, char-
ter amended,
Knoxville Masonic and Odd Fellows'

Joint Stock Company,
Knight, James K.,and others, authorised

to build a bridge across Kaskas

kia river,

42
211

- 667

662
61H

- 597

599
603

633

683

- 698

Lacon, town of, charter amended, - 161
ferry charter, - - 54?

La Salle and Lafayette Railroad Com-
pany, incorporated, - 251
county, certain records to be
transcribed, - - 711

Lawrenceville and Wabash Plank Road

Company, charter amended, - 46fi

Lee Centre Cemetery Aesociation,incor-

poratfd, - . - 446

Logan county, in relation to the records

of, - - - 723

Lyon, James, name changed, - 694

INDEX.

[i^]

Macomb, city of, incorporated, - 10

Maiihall, city of, " _ 76

MacioD and Jeflferson County Railroad

Company, - - 2t8

Macomb Mutual Insurance Coapauy,

incorporated, - - 407

Marshall Cemetery Association, incor-
porated, - - 442

Marengo Collegiate Institute, incorpora-
ted, - - - §03

Marion County Fair Grounds Asfocia-

tion, - - 618

Masonic Hall Stock Company of Spring-

fiald, - - 678

Temple Asiociation, incsrpora-
ted, - - - 696

Madison and Pike counties, certain rec-
ords to be tranicribed, - 709

McHenry county, board of supervisors

authorised to levy special tax, 701
authorised to locate county build-
ings, - - 714
" town of, incorporated, - 240

McDonoBgh College, charter amended, 583

Metropolis and Evansville Railroad Com-

paiy, incorporated, - 289

Mercantile Insurance Comj any, incor-
porated, - - 387

Metropolitan Cemetery Association, in-
corporated, - - 448

Metropolis and Vienna Turopike and

Plank Road Company, - 470

Methodist Episcopal Church of Plain-
field, acts legalized, - 689

Methodist Episcopal Church of Brigh-
ton, - - 707

Mississippi and Wabaeb Railroad, char-
ter amtnded, - - 283
Railroad Bridge Company, char-
ter aneuded, - - 2S6

Mineral Poiut Plank Road line, extend-
ed, - - - 285

Moline, town of, incorporated, - 76

Mount Vernon Railroad Company, in-
corporated, - - 249

Mount Sterline; and Carrollfon Railroad

Company, - - 260

Mound City Raiiread, incorporated, - 281

Mount Sterling and Camp Point Rail-
road Company, incorporated, - 325

Mount Carroll Seminary, incorporated, 363

Mount Vernon Academy, " - 376

Mound Cemetery Association, " - 454

Moultrie County Academy, « - 382

Moline and Rock River Plank and Mac-
adamised Road and Bridge Com-
pany, incorporated, - 488

Monroe county, to presenre testimony in
relation to real estate recorded
in book C, - - 528

Morris Bridge Company, incorporated, 558

Morgan County Agricultural and Me-
chanical Association, - 612

Moline Water Pswcr and Manufacturing

Company, incorporated, - 651

Monroe connty, Bluff precinct establish-
ed, c - - 703

Montgomery county, to levy a special

tax, - - ■ - 720

Nauvo*, city of, charter amended, - 45

New Haven, Gallatin county, corpora-
tion repealed, - - 708

Northwestern Dnirersity, charter amend-
ed, - - - 483

Northwestern Masonic University, es-
tablished, - - 486

Noith Illinois University, incorporated, 500

Oakwood Cemetery, incorporated, - 473

Oneida, town plat vacated, - 46
OquBwka Lodge, No. 123, Free Masons,

incorporated, - - 684

Osceola, town plat of, vacated, - 46

Ottawa, alley vacated, - - 491

free schools, established, - 220

Paris, town of, election legalized, - 693

Palestine, town of, incorporated, - 69

Peoria, city of, alley vacated, - 193

charter amended, - 118

and Oquawka Railroad, powers

extended, - - 286

Academy, incorporated, - 368

University, " - 484

county, supervisors authorised to

barrow money, - - 670

Peru, town of, survey legalized, - 201

Pekin, Canton and Macomb Railroad

Company, - - 257

Petersburg and Springfield Railroad,

charier amended, - 33*

People's Gag Light and Coko Company,

incorporated, - - 614

Peets, James, nanae changed, - 716

Phoenix Coal and Iron Company, incor-
porated, - - 550
Fhilomathi, of Abingdon, incorporated, 588
Pittsfieid, town of, street and alley vaca-
ted, - - - 195
and Shelbyville Railroad Compa-
ny, incorporated, - 330
Plainfield, act of Methodist church le-
galized, - - 689
Pontiac Coal Company, incorporated, - 590
Pocahontas Tribe, No. 1, Improved Or-
der Red Men, - - •14
Prophetstown, town of, resurveyed, - 184
Princeton, survey and plat corrected, - 197
Prairiei DuPont, plat and survey author-
ised, - - 199

C^]

INDEX.

Putnam County Fire Iijsurance Compa-
ny, incorporated, - 430
Plsnk Road Companies —

Lawrercevjlle and Wabash, char-
ter amer ded, - - 466
Collinsviile, for the relief of, - Af>l
Jonasboro, charter amended, - 467
Eisenmayer and others, author-
ised to build, - - 468
Metropolis and Vienna Turnpike

and Plank Road Company, - 470
Quincyand Mendon,incorp'rated, 479
Sbawneetown and Equality, char-
ter amended, - - 521

Q-

Quincy,city of, charter amended, - 59
English and German Seminary,

incorporated, - - 377

Paving Insurance Company, in-
corporated, - - 385
and Menilon Plank Road Compa-
ny, incorporated, - 479
city of, section second, article

fifth, amended, - - 491

Water Company, incorporated, - 553
W< od and Coal Company, incor-
porated, - - 636

Rapids City, to vacate a part of, - 48

Randolph, ferry establishid at, - 604

county, transcribing certain r*c-
ordi authorised, - 677

Ratitoul, town of, naaie changed, - 692

Rathbun, Judah W., for relief of, - 720

Richmond, town of, name changed, - 47
Cemetery Association, incorpora-
ted, - - - 438
Lodge, No. 143, of Free Masons,
incorporated, - - 589

Rockford, charter amended, - 43

Rockton and Freeport Railroad, charter

amended, - - 284

Rock Island and Alton Railroad Compa-

ny,incorporated, - 305

Rockton and Freeport Railroad Compa-
ny, chartftr amended, - 317

Rock Island and Peoria Railroad, incor-
porated, - - 317

Rockferd Gas Light and Coke Compa-
ny, incorporated, - 653

Rock Island county, authorised to bor-
row money, - - 660

Rock river, for the inprouement of the
narigafion of, for the produc-
tion of hydraulie power, - 6B3

Robert Burns Lodge, Free Masone, - 673

Railroad Companies —

Bellerille and Fairfield, incorpo-
rated, - - 296

PAGI.

Railroad Companies —

Belvidere and La Salle, incorpo-
rated, - - 313

Bloomington and Indiana State
Line, incorporated, - 342

certain, therein named to become
a corporation, - - 268

Central Military Tract, - 275

certain, consolidated, - 287

Chicago and Aurora, charter
amended, - - 287

Chicago and Desplaines, incorpo-
rated, - - 277

Chicago and Mississippi, name
changed, - - 322

Chicago and Milwaukee, charter
ame'^nded, - - 288

Chicago and Aurora Central Mil-
itary Tract and Northern Cross, 288

Chicago and Rock Island, charter
amended, - - 324

Champaign and Vermilion, char-
ter amended, - - 336

enter into operative contracts, - 304

Galena and Chicago Union, char-
ter amended, - - 284

Great Western, charter amended, 347

Illinois Cktral, charfei amended, 283
Cross, incorpora-
ted, - - - 312

Indiana and Illinois Central, ex-
tended, - - 311

Jacksonville and Savanna, incor-
porated, - - 3M

Joliet and Chicago, to be con-
structed, - - 263

Jo Daviess and Stephenson Cen-
tral, incorporated, - 337

La Salle and Lafayette, incorpo-
rated - - 251

Marion and Jefferson county, in-
corporated, - - 228

Metropolis and Evansville, incor-
porated, - - 289

Mississippi and Wabash, charter
amended, - - 283

Mississippi Railroad Bridge, char-
ter amendeil, - - 288

Mineral Point, line extended, - 289

Mount Vernon, incorporated, - 249

Meunt Sferlii g and CarroUton, 260

Mound City, incorporated, - 281

Pekin, Canton and Macomb,
charter amended, - 257

Peoria aad Oquawka, additional
powers Conferred, - 288

Peoria and Oquawka, capital
stock increased, - -325

Petersburg and Springfield, char-
ter amended, - - 338

Pittsfield and Shelbyville, incor-
porated, - - 330

Rockford Central, incorporated. 2f)9

Rockton and Freepert, charter
amended, - - 284

INDEX.

[«]

PAO*.

Railroad Companies —

Roek Island and Alton, incorpo-
rated, - - 305

Rock laland end Peoria, incorpo-
rated, - - 317

Savanna Branch, charter amend-
ed, - - - 283

Terre Haute and York Junction,
chaitar amended, - - 321

Wabaih Valley, charter amended, 276
Resolutions —

concerning extension of patents
for reaping and mowing ma-
chines, - - 739

in relation to furnishing members
with eopj of journals, &c., - 739

in relation to state agent, - 740

in relation to publishing the laws
in newspapers, - - 740

in relation to international exch'g
of books, - - 740

requiring census of deaf and
dumb, - -> 741

in relation to printing report of
agricultural society, - 74!

in relation to the soldiers of 1812, 741

committee to visit state institu-
tiona, - - 742

in relation to swamp land, - 742

secretary of state authorised to
furnish laws and journals to
Statt Teachers' Institute, - 743

i«i relation to amending the con-
stitution, - - 743

in relation to the compromise
meagures of 1850, - 744

Salem, town of, incorporated, - 49

Savanna, town of, resurveyed, - 196

Branch Railroad Company, char-
ter amended, - - 283
Cemetery Association, incorpora-
ted, - - - 440

Saline Coal and Manufacturing Compa-
ny, - - - 656

Sewerage Commissioners, incorporated, 93

Shawneetown and Equality Plank Road

Company, charter amended, - 521
Coal Mining and Manufacturing
Company, - - 617

Southern Illinois Female College, incor-
porated, - - 517

Springfield Water Works Company, in-

corporattd, - - 540

Sbringfield, city of, charter amended, - 75

Sparta Cemetery Association, incorpo-
rated, - - 452

Springdala Cemetery Association, in-
corporated, - - 460

Springfield Gas Light Company, charter

amerided, - - 648

Spears, John Albert, name changed, - 717

St. Louis, Pike county, plat vacated, - 195

Stark county, supervisors authorised to

sell seminary lots,
St. Louis and Illinois Bridge Company,
incorporated, - -

Seminarie? —

Atlanta, incorporated, -

Chicago Theological, incorpora-
ted, - - -
Clark, incorporated, -
Dnquoin Female, incorporated, -
Fulton, incorporated, -
Mount Carroll, incorporated,
Quincy English and German, in-

coiporated,
Urbana Male and Female, incor-
porated.

526

601

353

375
384
370
380
363

377

372

Tailor?, association of, Chicago, incor-
porated, - - 613
Taylor, Stephen S , authorised to peddle

goods, - - 655

Tazew«ll County Agricultural Society, C6S
Terre Haute and York Junction Rail-
road, - - 321
Thebes Marble Working and Manufac-
turing Compaiiy, - 620
Tiskilwa, town of, incorporated, - 154
Trible Family Cemetery Association,

incorporated, - - 446

Trusteas of Nashville Academy, incor-
porated, - - 658
First Baptist Church, to convey
real estate, - - 687
Towns-
Atlanta, incorporated, - 163
Aurora, charter amended, - 492
Brooklyn, incorporated, -» 170
Barry, alley vacated, - 688
Byron, plat vacated, - 201
Berrian, name changed, - 45
Carlinville, incorporated, - 226
Cahokia, plat to be made, &c., - 199
Carlyle, charter amended, - 46
Carthage, for the benefit of, - 44
Clinton, incorporated, - 176
Columbus, " - 187
Collinsville, «' - 50
Danville, « - 22
Decatur, proceedings of trustees

legalized, - - 44

Elgin, corporate powers revised, 185
Elyda, name changed, -692

Ewinfton, incorporated, - 54

Freeporl, resurvey of Rice's ad-
dition, - - 48
Ganeseo incorporated, - 1
Girard, « - 194
Golconda, justice of th« peace to

be elected, - - 19^

GranvilU, street vacated and name

changed, - - 692

Grayville, incorporated, - - 203
Granville, plat vacated, - 194

[xii]

INDEX.

PAGE.

Towns

Greenup, incorporated, - 89

Greenville, '* - 29

Hillaboro, « - 180

Indianapolis, Dame changed, -703
Jerseyvilie, '* - 33

Kankakee Depot and Bourbon-

naii, name changed, -211

Kankakee, in Grundy county, plat

vacated, - - 6!9

Lacon, charter amended, - 161

Macomb, incorporated, - 10

Mc Henry, " - 240

McLeansboro, corner stone to be

planted, - - 711

Moline, incorporated, - 76

New Haven, corporation repeal-

ed, - - -708

Oneida, plat vacated, - 46

Osceola, «« - 46

Ottawa, alley vacated, - 491

Paris, election legalized, - 693

Palestine, incorporated, - 69

P-ru, survey of the plai legalized, 201
Pittsfield, street and alley vacated, 195
Prophetfitown, resurvey authori-
sed, - - 184
Princeton, survey and plat cor-
rected, - - 194
Prairie Du Pont, to cauM a plat

and survey, - - 199

Rapids City, part of plat vacated, 48
Rantoul,name changed, - 692

Richmond, " - 47

Salem, incorporated, - 49

Savanna, resurveyed, - 196

St. Louii, plat vacated, - 195

Tiskilwa, incorporated, - 154

Uniontown, name chans;ed, - 195
Veriailionville, certain streets va-

catf'd, - - 47

Waukegan, authorised to borrow

money, - - 690

Waterloo, incorporated, - 193

Walnut Hill, part of Smith's ad

dition vacated, - - 691

Xenia, name changed, -194

Uniontown, name changed, - 1*5

Union Academy, incorporated, - 373

Insurance Company, charter
amended, - - 38*

Unity, Grean P. Garner authorised to

keep ff^rry at, - - 605

Urbana, city of, incorporated, - 135

Male and Female Seminary, in-
corporated, - - 372
Universities —

Northwestern, charter amended, 483

rxoE.

Universities —

Northwestern Masonic, estab-
lished, - - 486
North Illinois, incorporated, - 500
Peoria, " - 484
Vermilionville, street vacated, - 4/
Vermilion county, townships 39 and 31

attached to Kankakee county, 6fi

Waterloo, incorporated, - - 102

Wabash Valley Railroad Company, char-
ter amended, - - 276
Waugousha Mutual Insurance Company,

incorporated, - - "^03

Warsaw, city of, authorised to locate a

cemetery, - - 44^1

Waterloo and Carondelet Turnpike Road
and Ferry Company, incorpora-
ted, - - - 521
Warsaw Library Association, incorpo-
rated, - - 6S
Wabash Mining Company, incorporated, 63^
Waukegan Gas Light and Coke Compa-
ny, incorporated, - 64
Washington Lodge, No. 55, Free Ma-
sons, incorporated, - ^86
Waukegan, authorised to borrow money,

&c., - - - fi'J"

Walnut Hill, part of south addition va-
cated, - - fi»l
Walters, Wm., restored to citiaenship, C99
Warsaw, city of, charter amended, - 700
Warren county, supervisors to procure

a numerical index, - 719

Wil'ard Grove Cemetery Association,

incorporated, - - 444

Willow Creek Cemetery Association, in-
corporated, - - 451
Winnebago Swamp Drainage Company, 592
Willis, John C, authorised to build a toll

bridge, - - 660

Williamson county, transcribimg of cer-
tain records, - - 688
Winnebago county, authorised to ap-
point a clerk, - - 1^^
Woodland Home, incorporated, - 668

Xenia, town of, name changed, - 11*4

Young Men's Association of Freeport,

incorporated, - - ^33

Young Men's Association of Chicago,
1 charter amended, - '^l?-

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