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Full text of "Laws of the State of Illinois"

Digitized by tine Internet Archive 

in 2010 witli funding from 

CARLI: Consortium of Academic and Researcli Libraries in Illinois 



W 



http://www.archive.org/details/lawsofstateofillp21855illi 



PRIVATE LAWS 



or 



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. 



10 

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. 



12 



^■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. 



14 



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§. 



16 



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. 



22 



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. 



24 



.)«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. 



I 



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. 



26 



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. 



28 



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. 



30 



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. 



34 



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. 



40 



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. 



42 



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 



45 



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. 



48 



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. 



i 



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. 

o 

§ 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 



54 



\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: 



I 



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. 



58 



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. 



70 



,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. 



be 



to 

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. 



74 



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. 



76 



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. 



78 



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. 



80 



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 



89 



^ 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. 



90 



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, 



99 



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. 

§ 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; 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 



I 



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. 

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. 



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»# 

. "^ 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 ۥ 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 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. 



y 



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 
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 chart