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WESTERN ILLINOIS UNIVERSITY LIBRARY
3 1711 00611 7514
UeWARV
PRIYATE LA¥S
-OF
THE STATE OF ILLINOIS,
PASSED AT
THE FIRST SESSION
SEVENTEENTH GENERAL ASSEMBLY,
BEGUN AND UELD AT THE CITY OF SPRINGFIELD,
JANUARY 6, 1851.
SPRINGFIELD:
LANPHIER & WALKER, PRINTERS.
1851.
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in 2010 witli funding from
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PRIVATE LAWS.
AN ACT to establish a ferry across the Mississippi river at Warsaw, in Hancock In force Janua-
county. ry 17, 1851.
Section 1. Be it enacted hy the people of the State of
IHmois, represented in the General ^issembly. That Wil-
liam English, his heirs and assigns, be and they are hereby'^^^^^"*^^'
authorized to establish and keep a ferry, for ten years,
across tlie Mississippi river, between the town of Warsaw,
in the county of Hancock, and state of Illinois, and the town
of Alexandria, in the county of Clark, and state of Missou-
ri ; during which term the county court of said county of
Hancock, or the trustees of the town of Warsaw, shall not
grant a license to any person or persons to establish or keep
a ferry witliin one mile of the foot of Main street, in said
town of Warsaw.
§ 2. That said William English shall keep at all times Duty.
a good and sufficient steam ferry boat, with such other boats
as may be necessary for the speedy and safe transportation
of passengers, teams, horses, cattle and other animals, as
well as goods and effects belonging to passengers, and shall
furnish said boats with men with suitable strength and skill
to manage them, and shall charge and receive such rates Tolls,
of ferriage as may be allowed him by the trustees of the
said town of Warsaw.
§ 3. The said William English shall pay into the treas-Tax.
ury of the said town of Warsaw such annual tax as may be
imposed upon said ferry by the trustees of the said town of
Warsaw, not exceeding forty dollars, and in the manage-
ment and regulation of the aforesaid ferry shall be governed
by the act to establish ferries and toll-bridges, approved
March the third, one thousand eight hundred and forty-five.
§ 4. That in case of failure by the said William Eng- Renjgdy,
lish, his heirs or assigns, to pay such annual tax so assessed
by the town of Warsaw aforesaid, the president and trustees
thereof may sue for the same, in an action of debt, before
any justice of the peace of said county of Hancock.
1851. 4
§ 5. The said William English shall have the exclusive
Extent of fran- ferry privilege from the said town of Warsaw to the said
town of Alexandria, for the term of ten years from the pas-
sage of this act, for one mile above and below the foot of
Main street, in said townof Warsaw, at the point where the
„ ,^ „ . same strikes the Mississippi river ; and should any other
1 GB8.ltV iOT VIO- 11-' J
lation. person or persons establish, keep or run a ferry, and land
within said mile, such person or persons shall forfeit and
pay to the said William English ten dollars for every such
offence, to be sued for and recovered in an action of debt,
before any justice of the peace of the said county of Han-
cock.
§ 6. This act to take effect and be in force from and
after its passage.
Approved Jan. 17, 1851.
Tolls
In force Janua- AN ACT authorizing the Georgetown and Perryrille Plank Road company to charg*
ly 18, 1851. toll for crossing a bridge built by said company,
Section 1. Be it enacted by the people of the State of
Illinois, represented in the General Assembly, That the
Georgetown and Perryville Plank Road company be and it
is hereby autliorized, for the term of two years, or until
said road be completed, to charge toil for crossing a bridge
built by said company over the Big Vermilion river, in the
I county of Vermilion, not to exceed the rates as follows, to
Rates. ^^^ ■ -^^^ every vehicle drawn by one animal, ten cents ;
for every vehicle drawn by two animals, fifteen cents ; for
every vehicle drawn by more than two animals, twenty
cents ; for every ten of neat cattle, ten cents ; for every
ten of sheep or swine, ten cents ; or for every horse and
rider or one horse led, five cents.
§ 2. That after the completion of said road the said
company may charge toll, not to exceed the rates aforesaid,
for crossing said bridge, when the persons so crossing may
not wish to travel on said road.
§ 3. This act to take effect from and after its passage.
Approved Jan. 18, 1851.
ta force Jan. 20, ■^'^ -^CT for the relief of the heirs at law and securities of William E. Armstrong,
1351, late sheriff and collector of Grundy «ounty.
Section 1. Be it enacted by the people of the State of
Illinois, represented in the General Assembly, That when-
ever the administrator of the estate of William E. Arm-
5 1851.
strong, late slieriff and collector of Grundy county, shall Condition,
relinquish for said estate all claims against the state, for
damages claimed to be sustained for non-fulfilment of con-
tract on the Illinois and Michigan canal, and also dismiss
the suit now pending against the state in the circuit court
in La Salle county, for salvage [scalage] on section No.
126 of said canal, by writing filed in the office of the au-
ditor of public accounts, the heirs of the said William E.
Armstrong, deceased, George W. Armstrong, Perry A.
Armstrong, and other securities of the said William E.
Armstrong, as collector, be and they are hereby released
and discharged from any further obligation to pay the bal- discharge,
ance due the state by reason of the defalcation of the said
William E. Armstrong.
§ 2. This act to be in force from and after its passage.
Approved Jan. 20, 1851.
AN ACT to provMo for leasing tlie lands granted as a common to the inhabitants of ^°^°"®^^°'^'
the town of Kaskaskia, in Randolph county, or so much of said lands as it may be 1851.
to the interest of tiie inhabitants of said town to lease for school and other pur-
poses.
Wliereas the inhabitants of Kaskaskia, in the county ofPreambie.
Randolph, are in common entitled to the use and benefit
of certain lands, commonly known as the Kaskaskia com-
mons, by virtue of an ancient grant, recognized and
confirmed by the government of the United States ; and
whereas the right to lease said lands, or any part of them,
is granted by the constitution of this state to a majority
of the qualified voters therein, and they having petition-
ed therefor, therefore.
Section 1. Be it enacted hy the people of the State of
Illinois, represented in the General ,/issembli/, That Den- ^^^^^^^^^'
nis Kavanaugh, Savineen St. Vrain, Joseph Barnowsky,
George W. Staley, and Edmond Menard, citizens of the
town of Kaskaskia, in the county of Randolph, are hereby
constituted a body corporate and politic, by the name and
style of " Tiie President and Trustees of the Commons of
Kaskaskia," and by that name they and their successors
shall have perpetual succession and existence, with power °^®"'
to contract and be contracted with, to sue and be sued, to
plead and be impleaded, in all actions at law and in equity,
in any court of competent jurisdiction ; to make and use a
common seal, and alter the same at pleasure ; to adopt or-
dinances and by-laws not inconsistent with the constitution
and laws of this state nor of the United States, and to do
and perform all other acts necessary for the proper exer-
1851.
cise of the poAvers herein conferred, and the regulation of
the privileges hereby granted.
§ 2. The said president and trustees shall continue in
office until the first Monday in April, A. D. 1853, and until
their successors are elected and qualified ; and on the first
Monday in April, A. D. 1853, and every two years forever
thereafter, or until the time is changed by lavi', an election
shall be held for five trustees of the commons of Kaskas-
kia, who shall hold their office for two years and until their
successors are elected and qualified ; and the said trustees
shall organize by electing one of their number president of
the board, and shall appoint or elect a treasurer, as they
may determine, who shall, in addition to his duties as treas-
urer, also perform the duties of clerk of said board, and
at any meeting of said board for the transaction of business,
not less than three shall be a quorum.
§ 3. The president and trustees hereby appointed are
authorized and empowered by this act to have the com-
mons of Kaskaskia, or any part thereof, surveyed and di-
vided into such lots as in their opinion will seem best and
most advantageous, and shall cause a plat or plats of the
same to be made, showing the number of acres in each lot
and the location thereof, each lot to be also properly num-
bered ; which plat or plats, when so made, shall be record-
ed in the recorder's office of Randolph county, a copy of
which record, duly certified by the recorder of said coun-
ty, shall be sufficient and competent evidence of the loca-
tion of the lots described in said survey or surveys.
§ 4. The said president and trustees shall then proceed
to lease, at public outcry, at a suitable place in the town of
Kaskaskia, any or all of the lots so surveyed, for any num-
ber of years, not exceeding fifty, as in their opinion will
best promote the interest of the inhabitants of said town,
after first giving notice for six consecutive weeks, in a
newspaper printed in the county of Randolph, and such
other papers as they may deem proper, and by putting up
four written or printed notices in four of the most public
places in said town, of the place where and time when said
lots will be publicly offered for lease.
§ 5. Each lot shall be offered separately, stating the
number of years for which it is proposed to be leased, and
the number of acres it contains, and the same shall be
struck off to the best and most responsible bidder bidding
the highest amount of money per acre therefor, payable
annually, each and every year the same is leased for, at
such time as may be designated and appointed by the said
president and trustees, an entry of which shall be made by
the clerk of the board in a suitable and substantially bound
book to be provided for that purpose, which shall be sub-
ject to the inspection of any person interested. And the
7 1851.
said president and trustees of the commons of Kaskaskia
shall, by their said president, under his hand and seal, make
and execute to each lessee a deed of lease for the number l^*^®*^'-
of years each lot or lots were bid off by such lessee ; which
deed of lease shall vest in the purchaser, his or her heirs
and assigns, the full and complete possession and use of
guch lot or lots for the term of years that they were so
leased, conditioned for' the annual payment, at such time in
each year as may be designated by the said president and
trustees, of the amount bid by tlie lessee to tlie said presi-
dent and trustees and their successors in office, or to such
other person or persons as may be by them authorized to
receive the same for the use and benefit of the inliabitants
of Kaskaskia, to be applied to school and other purposes.
§ 6. The proceeds of the lands and lots of the said proceeds how
commons of Kaskaskia so leased as provided by this act, appUeti.
ghall, after defraying the expenses attending the leasing of
said lands and lots, be used and applied to the education of
the children of the inhabitants of Kaskaskia, and such resi-
dents as are, by immemorial custom, commoners upon said
commons, and the children of the lessees of said lots and
lands so leased ; to effect which object and carry out the
intention of this act, the said president and trustees, or
their successors in office, shall rent, or procure or cause to
be erected or purchased, as in their opinion may be neces-
sary, one or two suitable buildings for a school or schools ; School houses.
and they are hereby authorized to purchase and hold, in *<"•
their corporate capacity, one or more lots of ground in the
town of Kaskaskia for that purpose, using therefor th", pro-
ceeds arising from the leasing of said lands and lotf ; and
they may further use said proceeds for the purchasing of
suitable school books and stationery, and a library or libra-
ries for such school or schools, and shall employ a t( acher Teachers.
or teachers, qualified as required by the common school
law of this state, for the instruction of the pupils in said
school or schools in which reading, writing, aritliinetic,
grammar, geograph}', and other branches of education may
be taught ; which teacher or teachers may be by them paid
according to such contracts and regulations as they may
make and adopt, out of the proceeds arising from the leas-
ing of said lands and lots. And the said president and
trustees are hereby authorized and empowered to establish
not more than two elementary schools in the town of Kas-
kaskia to carry out the provisions and requirements of this
act.
§ 7. The said president and trustees shall have power,
and are hereby authorized, to appropriate a portion of the ^ '^""^
proceeds arising from the leasing of said commons to the
purposes of religion, and for the support and advancement
thereof: Provided, that no appropriations shall be made
1851. 8
under this section unless the same are asked for and de-
sired by a majority of the voters of the said town of Kas-
kaskia, by a petition or petitions presented to the said pre-
sident and trustees, indicating the religious purposes to
which the same shall be applied, and the amount thereof
thus applied.
§ 8. The said president and trustees may meet at such
Meetino's. times as they may fix by ordinance,' (and at such times as
they may deem necessary) and shall provide a good and
substantially bound book, in which shall be entered the
Ricords. proceedings of such meetings and all ordinances and by-
laws by them adopted, by the clerk of said board, and they
shall provide another like book for the keeping of the treas-
urer's accounts, in which sliall be entered a just, full and
fair account of all receipts and expenditures of money by
them received and made by virtue of this act, and they
shall, at their last meeting in each year, render an account
To account. to the inhabitants of said town of Kaskaskia, of all moneys
by them received and expended under this act, stating the
amount paid for tuition, books and stationery, library books
and the amounts paid, if any, for buildings, lots and repairs
of buildings, and necessary furniture for school rooms.
Said account to be certified by the treasurer in his capa-
city of clerk of the board, who may be allowed a reasonable^
compensation for his services, out of the funds created by
this act ; and the books to be kept as provided for in this
section shall be open to the inspection of any person in-
terested.
§ 9. If any vacancy shall occur in the said board, by
Vacancies, how death or otherwise, the remaining trustees shall have power
® ■ and are hereby autiiorized, to fill sucli vacancy by appoint-
ment, the appointee to have the qualifications necessary to
be eligible to such office as in this act prescribed, and to
hold his office until the next regular election, and until his
successor is elected and qualified.
§ 10. The said president and trustees, and their sue-
^^^ ^^'^^^' cessors in office, shall have power to receive annually from
the lessees of said lands and lots, the moneys due annually
upon all deeds of lease by them made, and shall transmit
the same, should there be any in tiieir hands, to their suc-
cessors in office, and nothing in this act contained shall pre-
vent the said president and trustees from leasing at any
time any of the said lands and lots, after having first offered
the same for lease at public outcry.
§ 11. The said president and trustees shall require their
Treaaurer to treasurer to give bond, in such sum as they may deem pro-
jirabond. pg^.^ payable to them and their successors in office, for the
use of the inhabitants of Kaskaskia, with two or more good
and sufficient securities, and conditioned for the faithful
discharge of his duties under this act and such ordinances
9 1851.
and by-laws as may be by them adopted, and the payment
to his successor in office of all moneys that may be in his
hands as treasurer of said board.
§ 12. The eaid president and trustees may appoint one Superintendent
of tiieir number, or any other inliabitant of Kaskaskia, aS °^ schools.
superintendent of said scliool or schools, who shall discharge
such duties as they may require of liim by ordinance or by-
law, touching said lands and lots so leased or the school fund
arising therefrom, and who shall, from time to time, report
to them the number of children taught in said school or
schools, and wlio may be allowed a reasonable compensa-
tion for liis services, out of the funds created by this act.
§ 13. No person shall be entitled to vote for trustees or Qualifications
be eligible to election unless he shall be a free white male of voter?, &c.
citizen of this state, of the age of twenty-one years or up-
wards, and sliall have resided one year next preceding
such election within the limits of Kaskaskia, and no person
shall be elicjible to the office of trustee of said commons un- QuahficatioB
~ ^ jQp oiilC€»
less lie shall, moreover, be, at tiie time of his election, a
resident freeholder of said town ; and the president and
trustees appointed by this act, and their successors in of-
fice, shall cause six written or printed notices to be posted
up in six of the most public places in said town of Kaskas-
kia, at least four weeks preceding every election, announ-
cing tlie time and place when and wliere the elections pro-
vided for by the second section of this act will be held ; at
which election two of said trustees will preside as judges,
and said elections shall be held, as near as can be, in con-
formity to the election law approved February 12, A. D.
1849, so far as it relates to the manner of voting and depos-
iting ballots, and counting and canvassing tlie votes : Pro-
vided, that said trustees so presiding as judges may open Elections, hew
the polls at one o'clock P. M. and close them at six o'clock conducted.
P. M.; and a certificate of said judges stating who were
elected as such trustees, at any election so held, sliall be
prima facie evidence of their election in the courts of this
state.
§ 14. The said president and trustees are authorized to Suits.-
institute suits against any person or persons trespassing up-
on said commons, in any court of competent jurisdiction to
try the same, and also to institute suits for use and occu-
pation of said commons, against any person or persons now
in possession of any part thereof, or who may hereafter
take possession of any part thereof, without leasing the
same ; and in all such trials it shall be competent to prove Proof.
the limits, boundaries and extent of said commons by parol
testimony, and any inhabitant of said town of Kaskaskia,
not otherwise incompetent, shall be qualified as a witness or
juror under this act.
1851.
10
§ 15. If at any time the said president and trustees have
Money loaned, any money on hand, or in keeping of their treasurer, not
required by them for the purposes of education, or the de-
fraying of such expenses as they are authorized to incur
and defray by the provisions of this act, they may by ordi-
nance authorize the same to be loaned out, upon good and
sufficient security, for any number of years, not exceeding
five, at the highest rate of interest which may be allowed
by the laws of this state ; the interest to be by them applied
to the purposes of education and such other purposes as
are herein authorized, and, together with the principal, be
accounted for by them yearly, as provided in the eighth
section of this act, and transmitted to their successors in
office, as provided in the tenth section of this act.
§ 16. The said president and trustees shall meet and
•ro-anization. Organize their board within thirty days after the expiration
of sixty days immediately following the adjournment of this
general assembly ; and this act shall be taken, considered
and construed as a public act in all courts whatever.
Approved Jan'y 23, 1851.
In force Jan. 23, AN ACT to amend
1851.
■ An act to incorporate the Sangamon and Morgan Railroad com-
pany," approved March 1, 1845.
Proviso.
Section 1. Be it enacted by the jieople of the Slate of
Illinois^ represented in the General Jissembly^ That the
Release of for- g^jj] Sangamon and Morgan Railroad company be and they
are hereby forever released and discharged from all and
every cause of forfeiture of their rights, privileges and
franchises, by reason of their non-compliance of any and all
conditions and duties imposed upon them by virtue of any
former law of this state ; and their said rights, privileges
and franchises are hereby ratified and confirmed in all re-
spects : Provided, nevertheless, that the foregoing release
and confirmation is granted unto the said company upon
this express condition : that the said Sangamon and Mor-
gan Railroad company shall, within two years from and
after the passage of this act, repair, or cause to be repair-
ed, that part of the Northern Cross Railroad leading to the
town of Meredosia, from the point where said road is inter-
sected by a lateral road to the town of Naples, and shall
keep the same in repair and use for the transportation of
persons and property during the corporate existence of said
company : Provided, however, that if the said Sangamon
and Morgan Railroad company can make any satisfactory
arrangement with the persons, company or corporation who
Further prOTiso.
11 1851.
now own that part of the said Northern Cross Railroad
which leads from the said town of Meredosia to the Mis-
sissippi river, via Mount Sterling, in Brown county, for the
intersection of said roads at any point on the Illinois river
other than Meredosia, then and in that event it shall not be
necessary for the said Sangamon and jMorgan Railroad
company to perform the conditions aforesaid, and the said
release and confirmation shall become absolute when said
arrangement is made and complied with, and tiie agreement
herein provided for filed in the oHice of the secretary of
state.
§ 2. This act to take effect and be in force from and
after its passage.
Approved Jan. 23, 1851.
,. AX ACT to amend tlio charter of McDonoush college- In force Tan. '2",
1851.
Skctiox 1. Be it enacted by the people of the State of
Illinois, represented in the Genera/ t,^sf>embli/, That the p, ^.^^^^.^ ^^^
charter of McDonou<ih collecje be so amended tiiat the to he lose tima
whole number of corporators siiall never be less that twelve '*^'^'^■'■■
nor more than twenty-four : Provided, that if at any time, Proviso.
by death, removal, resignation or otherwise the number of
corporators shall be reduced to a number less than twelve,
any number of said members, not less than seven, shall
have power, at any legal meeting, to fill so many of the
vacancies so created as tiiat the whole number shall not be
less than twelve. The said board shall meet, from time to M^etingsof
time, on their own adjournment, at such time and places as
the}', by their own ordinances, shall appoint; and any five
members being present shall constitute a quorum. The ,._.
body corporate shall, at their first meeting subsequent to
this amendment, (^Provided a majority be present, or at the Provijw.
first meeting when a majority is present,) increase the num-
ber of corporators to twelve or more, and shall divide the
members into four classes as nearly equal as may be — the
first class to go out of office the day preceding the annual
commencement in the college by the foregoing act provided
to be established, or until the college shall have regular
commencements, on the day preceding the close of the col-
lege year; the second class, on the day preceding the
second annual commencement ; the third class, on the day
preced ng the third annuaL commencement, and the fourth
class, on the day preceding the fourth annual commence-
ment, and in the same manner forever afterwards, so that
one-fourth of the whole number, or as near as may be, shall
16
1851. 12
ProvLso. go out of office annually : Provided, however, that the
members of said ooard shall continue to hold their offices
until their successors shall be appoiuted and qualified. Of
Vacanoiw, Low the vacancies hereafter occurring, in whatever manner,
''"®'^' (except as provided above in this section) one-half shall be
filed by the corporation and the other half of the presbytery
of Schuyler, (in connection with the general assembly of
the Presbyterian church in the United States of America)
or by said presbytery in connection with such other pres-
bytery or presbyteries, synod or synods, as may hereafter
unite in support of said institution : Provided, however,
Proviso. i\\Q.\. if the said presbytery and presbyteries, synod or sy-
nods, shall at any time decline or neglect to fill the vacan-
cies which they are by this act authorized to fill, the cor-
poration shall have power to fill the same until they shall
be filled by the respective bodies whose right it is ; and so
much of section second of the original charter relating to
fillins: vacancies in the board as conflicts with this section
is hereby repealed.
Power of body § 2. The body Corporate shall have power to remove
corporate. the president or professors, or any of them, at any regular
meeting of tiie board, by a vote of a majority of all present,
after due notice shall have been given.
Approved January. 23, 1851.
T fb fi« J 21 ^^ ^^^ '■*' *PP''''^s *'i'i extend tlie corporate powers of the city of Pekin.
ISal.
Section 1. Be it enacted by the jJeople of the State of
Illinois, represented in the General Assembly, That all the
Acts legalized. jjg|-g ^f ^he president and trustees of the town of Pekin, in
the county of Tazewell, and the inhabitants thereof, in adopt-
ing and organizii g the said town of Pekin into the city of
Pekin, under the act of 1849 regulating towns and cities,
and all the acts of the officers of said city of Pekin done
and performed by virtue of said city authority, shall be and
the same are hereby completely and fully legalized, ratified,
confirmed and approved, the same as though the said city
of Pekin had been duly incorporated by said act of 1849
regulating towns and cities, with all the powers and author-
ity of the cities of Springfield and Quincy ; and said city
of Pekin shall, in all things, have and enjoy all the powers
and authority conferred by law on said cities of Springfield
and Quincy.
§ 2. And he it further enacted. That the said city of
Pekin shall be and is hereby authorized and empowered to
13 1851.
widen and extend the streets in said city whenever and Authority to
wherever the public good may require the same : Provided, r,"j"f"'\.*
that the property embraced or taken by said city, in widen-
ing and extending said streets, shall be first valued and paid
for by said city, in accordance with the provisions of the
charter of the city of Springfield, in cases of widening and
extending streets.
This act to be in force from and after its passage.
Approved Jan, 24, 1851.
AN ACT to incorporate the Springfield Marine and Fire Insurance company. In force Janua-
ry 28, 1851.
Section 1. Be it enacted by the people of the State of
Jllmoifi, reprefientcd in the General Assemhlij, That there
shall be established in the city of Springfield an insurance *^"."jP''"7**^'^'*
company, to be called the "Springfield Marine and Fire In-
surance Company."
§ 2. All such persons as shall hereafter be stockholders Name istyW.
of said company shall be and they are hereby declared to
be a body corporate and politic, by the name and style of
the " Springfield Marine and Fire Insurance Company,"
and to continue thirty years from and after the passage ofPow&r».
this act, and by tliat name and style shall be competent to
contract and be contracted with, and be capable in law and
equity to sue and be sued, to plead and be impleaded, an-
swer and be answered unto, defend and be defended, in
all courts and places in all matters whatsoever.
^ 3. The said corporation may have and use a common Goyemment «f
seal, which they may alter, change or break at pleasure; •o^pan.'-
and may also make and establish and put in execution such
by-laws, ordinances and regulations as shall, in their opin-
ion, be necessary for the good government of said corpora-
tion and the prudent and efficient management of its affairs.
No by-laws, ordinances and regulations of the same shall
be in anywise contrary to the constitution and laws of the
United States or of tliis state.
§ 4. The capital stock of said company shall be one Capital jto*k
hundred thousand dollars, to be divided into shares of fifty $i'^0,ooo.
dollars each, to be paid in such instalments as the directors
chosen under this act may from time to time direct, under
such penalties as the president and directors may, in tlieir
discretion, appoint and order. The said capital stock may May b« in
hereafter be increased to an amount not exceeding five hun- erafts«d-
dred thousand dollars, in the discretion of a majority of the
directors of said incorporation, to be subscribed for and
taken under the direction and superintendence of the presi-
1851. 14
dent and directors aforesaid, or by any person or persons
duly appointed by a majority of said directors, in the same
manner as is provided for the subscription to the original
stock assigna Capital stock. The stock of said incorporation shall be
'''e- ° assignable and transferable, according to such rules as shall
be adopted in that behalf by the by-laws and ordinance*
thereof.
§ 5. The corporation hereby created shall have power
, ,. and authority to make marine insurance upon vessels, goods
surance may and merchandise, freights, moneys, bottomry, respondentia,
be made. mterest, and on all marine risks and inland navigation and
transportation, and against all losses by fire of any building
or hou-^es whatsoever, and vessels on the stocks ; and, also,
to receive moneys on deposite, and to loan the same on
bottomry and respondentia, or otherwise, at such rates of
interest' as may now or hereafter be done by tlie existing
laws of this state ; and they may also cause themselves to
be re-insured against any maritime risk'' upon which they
have made insurance, and upon the interest which they may
have in any vessels, goods or merchandise or houses, in vir-
tue of any such insurance, whether on bottomry, respondentia
or otherwise, on such terms or conditions as may be agreed
upon by the parties, and to fix the premiums and times of
payment.
§ 6. All policies of insurance by them made shall be
Poiicies, how subscribed by the president, or in case of his death or ab-
•igned. sence, by the vice president, and countersigned by the sec-
retary of said company ; and all losses arising under any
policies so subscribed and countersigned, may be adjusted
and settled by the president and board of directors.
§ 7. The said corporation shall not take any risk nor
No risk to beta- subscribe any policy by virtue of this act until one-fourth
ken until one- ^^ |- ^^ Capital stock thereof shall have been actually
fonvtn stock l^ ,^, ^., t n , t ^i • j- i
»ubscribed. paid in. The said company shall not, directly nor indirect-
shaii not deaily, deal or trade in buying or selling any goods, wares or
diae '^'"^*'^'''"" "merchandise whatsoever; but the president and directors
M«vv.,t cnni may, at their option, vest the capital stock of said corpo-
tai in any ration in the stock of any incorporated bank, trust compa-
^*''^' ny or public funds of the United States, or any state in the
M^T loan stock. Union. They shall have power also to loan to any citizen
' of this state any portion of the capital stock, not exceeding
ten thousand dollars to one individual, on bottomry, bond,
mortgage of real estate, or other satisfactory security, at
their discretion, at such rate of interest or discount (ac-
cording to bank usage of discount) as any individual is now
or may hereafter be authorized to loan by contract.
§ 8. The said corporation may purchase and hold such
lUy hold waireal estate as may be deemed necessary for tlie transaction
."stote. Qf i^g business, and an amount at any time not exceeding
thirty thousand dollars, and to take and hold any real estate
15 1851.
or securities mortgaged or pledged of the said corporation, '^^'^^''r"'^*"'^- j
to secure the payment of any debt due or to beconae due ,J
to it; and, also, to purchase on sales made by virtue of any
Judgment at law, or any decree of a court of equity or
otherwise ; to take and receive any real estate in payment
or toward satisfaction of any debt previously contracted or
due to the corporation, and to hold the same until they can
conveniently and advantageously sell and convert the same
into money or other personal property, and to sell and con-
vey said real estate or any part thereof: Provided^ the said Pi'ovito.
corporation shall be compelled to offer, in good faith, the
said real estate once in every five years, ati)ublic auction,
to the highest bidder.
§ 9. 'Robert Irwin, John Williams, Jacob Bunn, ^^' il- ^"^f books
liam B. Fondey and John C. Lamb are hereby appointed
commissioners for suj)erintending subscriptions to said cap-
ital stock, and the said commissioners, or a majority of them,
'shall open one or more subscription books for said stock on
the first Monday of April, in the year of our Lord one thou-
and eight hundred and fifty-one, in tlie city of Springfield, and jj^,^ anripincei
sucii other places as they may think proper, or any other time "i" oiieiiiu;; I
and place, by giving twenty days' notice of the time and *""''
place in the newspapers published in the city of S[)ring-
field ; and the sum of two dollars on each shar^' subscribed
for shall be paid to said commissioners at the time of making
such subscriptions. The books may be closed whenever
the whole of said stock shall be subscribed. And wlien-
ever a board of directors shall be duly elected the said
commissioners shall deliver over to said l)oard of directors
said books, and sliall pay over to said board the whole amount
of money by them respectively or jointly received, except so
much as shall be retained for the expenses incurred by t:iem
in executing the duties imposed on them by this act.
§ 10. \\\ case of the death, resignation or absence [ofQuonun of
any] of the commissioners named in this act of incorporation, ^°"''°
iit shall and may be lawful for any three of them to form a j
quorum, and proceed to business, whose duties shall be the I
same in tlie premises as those prescribed to the whole of I
said commissioners by this actor (of] incorporation named, !
and their acts as such shall be legal. i
§ H. The stock, property and concerns of said incor- incorporation, '
poration shall be managed and conducted by seven direc- ''^^^ manag»d. ,
tors, who shall be chosen by the stockholders of said com- ,
pany, under the superintendence of the commissioners, or a i
majority of them, and who shall hold their offices for one \
year, unless others shall be chosen before the expiration of
that time, and who shall, at the time of their election, be
citizens of this state and holders respectively of not less
than ten shares of the capital stock of said company.
1851. 16
§ 12. The directors for every subsequent fear shall be
^Sowe^'iecT-^^cted on the first Monday of May in each year, at such
ed- time of the day and at such place, within the city of Spring-
field, and under the direction of such persons as a majority
of the directors for the time being shall appoint, by a reso-
lution to be entered on their minutes.
§ 13. All elections shall be by ballot, allowing one vote
Elections for to each share of the capital stock, and the seven persons
directors, how i i ii i ^i , , i r ■ i n i T
conducted. ^^''O Shall liave the greatest number oi votes shall be direc-
tors; and if [at] any election two or more persons shall have
an equal number of votes, so as to leave their election un-
decided, then the directors who have been duly elected shall
proceed by ballot, and, by a plurality, determine which of
said persons so having an equal number of votes shall be
director or directors, so as to complete the whole number;
and whenever any vacancy shall happen for the office of
president, vice president or directors, from death or other,
cause, such vacancy shall be filled for the remainder of the
year in which it shall happen, by the directors for the time
being, or a majority of them. The said commissioners, as
provided for by this act to superintend elections, shall cer-
tify, under their hands and seals, the persons elected, and
deliver such certificates to the persons so elected, or to
some one of them ; and if, through any unavoidable acci-
cent, said directors shall not be chosen on the first Monday
as aforesaid, it shall be lawful to choose them on any other
day, in the manner herein provided.
§ 14. The directors, when cliosen, shall meet as soon as
Officers of com- may be after every election, and shall ciioose out of their
^^°;^„''''"' number a president, who shall be sworn or affirmed faith-
fully to discharge the duties of the office, and shall preside
for one year and until another person is chosen in his stead ;
and, also, a vice president, for the [same] time. They shall
have power to appoint a secretary, and all subordinate offi-
cers of said corporation, fix their compensation, define their
powers, and prescribe their duties, who shall give such
bonds, and in such penal sums, with such conditions and
with such securities, as the directors shall prescribe, and
hold their several offices during the pleasure of a majority
of said directors.
Quorum to § 15 Tlie president or vice president ar.d four of the
u^-^!^°' ^"^'' directors shall be competent to the transaction of business,
and all questions shall be decided by a majority of votes.
Amount of cap- § 16. The president and directors of Said Company shall,
imijHshed 'an*^ P^'^^'ious to Subscribing any policy, and once in each year,
nuuiiy. publish in two of the newspapers printed in this state the
amount of their capital stock.
iHridendrf. § 17. It sliall be the duty of the directors of said com-
pany, at such times as the by-laws thereof shall prescribe,
to make dividends of so much of their interest and profits
17 1851.
arising from the capital stock of said company as to them
shall a])pear advisable ; and in case of anj- loss or losses
whereby the capital stock of said company shall be lessened Liability of
before all instalments are paid in, each proprietor's or stock- ''tockhoidcrs.
holder's estate shall be held accountable for the instalments
that remain unpaid on his or her share or shares at the time
of sucli loss or losses taking pi ice, and no subsequent divi-
dend shall be made until the sum arising from the profits of
the business or additional instalments on the c; j)ital stock
shall be paid said company, equal to such diminution. And
once in every tlirce years, and oftener if required by a General etatr
majority of the votes of t!ie stockholdeis, the directors '"'"*•
shall lay before the stockholders, at a general meeting, an
exact and particular statement of the profits, if any there
be after deducting losses anrl dividends.
§ 18. This is hereby declared to be a public act, and This a fubiia
shall take effect from and after its passage, and shall be "■*^'"
liberally construed for any purpose herein contained.
§ 19. NothinsT in this act contained shall confer on said *^."^"P""y "ok*
corporation the privilege or issuing notes similar to bank eiicuiation.
notes, forth<! purpose of a circulating medium, but nothing
herein shall be so construed as to proliibit buying and
selling bills of exchange.
§ 20. That in case of any lessor losses taking place Liability «r
which shall be equal to the amount of the capital stock of [)y^,"^[^*^'^* **^
said company, and the president and directors, after knowing
of such loss or losses having taken place, shall subscribe to
any policy of insurance, their estates jointly and severally
shall be accountable for any and every loss which shall
take place under policies so subscribed ; and the estates of .
stockholders as aforesaid shall be liable for any losses equal
to the amount of said capital stock subscribed and not ac-
tually paid in, in ail cases of losses exceeding the means of
said company, whether they consist of stock paid in or
profits not divided.
§ 21. This charter shall be void and of no effect unless Company to or
the stock be subscribed and the company shall commence g*i'>"'« witbin
II 1 . . ^ ,'' „ ., I . two Tear'.
operations agreeably to the provisions thereoi, withiu two
years after the passage of tliis act.
Approved January 28, 1851.
1851.
Is foroeJan.28,
18:.l.
AN ACT for the relief of Henry II. Snow.
Section 1. Beit enacted hy the people of the State of
Illinois^ represented in the General JJ-sseTublyy That the
Auditor t.) draw auditor of State be and he is hereby authorized to draw his
warrant. warrant upon the state treasurer, in frivor of the said Hen-
ry H. Snow, for the sum of thirty dollars.
Approved Jan. 28, 1851.
Im force Jan. 28, AX ACT for the relief of the collector of Gallatin county for liie vcars 1S4C aud
1861. 18-17.
i^rwuabit. Wliereas the assessor for the county of Gallatin assessed
the money loaned of the Bank of Illinois at Shawnee-
town, for the years 1845, 1846 and 1847, which said
assessments M-ere charged to the collector of said county
for the years 1846 and 1847 ; and whertas said collector
is unable, by process of law or otherwise, to collect said
assessments, as appears from the auditor's report.
Section 1. Be it enacted by the people of the State of
Illinois^ represented in the General %/isseinhy^ That the
collector of Gallatin county for the years 1846 and 1847 be
[.eica^e. 3"^ he is hereby released from all liability on account of
said assessments, to wit : for the year 1846, the sum of
$1489 36; and for the year 1847, the sum of $1095 60.
Sec. 2. Be it fnrther enacted, That the auditor be and
Auditor to set- he is hereby authorized and requii'ed to settle with said col-
""• lector, by allowing him a credit for eachof said years, as set
forth in his report on the subject, as set forth in the forego-
ing section.
This act to be in force from and after its passage.
Approved Jan. 28, 1851.
In force J.an.28 A.N ACT act to vacate a part of Washin^c^ton street, and to increase the width of cer-
285] _ ' tain alleys in the town of Toulon, in Stark county, Illinois.
Section 1. Be it enacted by the people of the State of
Jlliiwis, represented in the General tjlssembly, That all
Street vacated, that part of Washington street which runs through and
across the public square in the town of Toulon, be and the
same is hereby A^acated.
§ 2. Be it further enacted. That so much of the alleys
Width of iiiieysas lies on the east and west sides of said public square, be
iQ.jreascc. ^^^ ^j^^^^ ^^^ hereby increased to the width of sixty- six feet
each.
19 1851.
§ 3. It shall be tiie duty of the county court of SL^rkDaty of county
county to cause the public square in the town of Toulon to *'^"' '
be surveyed by the county surveyor of said county, and
after increasing the width of the alleys as provided for in
the second section of this act, to cause to be filed in the
county court of said county a full, true and perfect plat of
the said town of Toulon.
§ 4. It shall be the duty of the secretary of sta^e to Duty of secreta-
forward a certified copy of this act to the clerk of the
county court of Stark county, upon the passing of this act.
§ 5. This act shall take effect and be in force from
and after its passage.
Approved Jan. 28, 1851.
AN ACT further to amend an act entitled "An act to incorporate the city of Quin- In force Jan. 2!.
cy," approved February 3d, 1840. 1861.
Section 1. Be it enacted by the people of the State of
It/inois, represented in the General Jissembly, That the
city council of the city of Quincy shall have power to pro- ^^'^>''"''''' *'"'""'•
vide by ordinance for the organization and maintenance of
a mayor's court for said city, and for the trial and })unish-
ment of all offenders'against the ordinances of the said city
made in conformity with the powers granted in the city
charter of the said city of Quincy, and not inconsistent
with the constitution of this state and the constitution of
the United States.
§ 2. That tlie fifth section of an act to amend " An act Section repeal-
to incorporate the city of Quincy," approved February 3d, ^'
1840, which said amendment was approved January 7, 1841,
be and the same is hereby repealed.
Approved Jan. 28, 1851.
AN ACT in relation to the Belleville Literary Society and Belleville Suhool Associa- In force Jan. 2S,
tion. 1851.
Section 1. Be it enacted by the people of the State of
Illinois, represented in the General Assembly, That the 5,,^^^;^^^ ^^f
election of trustees by the stockholders of the Belleville trustee legai-
Literary Society, and also by the stockholders of the Belle- '^'-''^•
ville School Association, are hereby legalized, and said Lit-
erary Society and School Association are hereby declared p^j^jj^g,^,
entitled in law to all the rights and privileges conferred by
chapter twenty-five, division second and fourth, of the Re-
1851. 20
vised Statutes of (1845) one thousand eight hundred and
forty- five.
§ 2. This act shall take effect and be in force from and
I'urchascs of after its passage. And all purchases < f property made by
property valid, gg^jj trustees, for the use of said corporations, shall be deem-
ed and held valid, in the same manner as if no irregulari-
ties existed in the organization of said corporations.
Approved January 28, 1851.
Tn force Janua- ^^ ^^'^ *^° incorporate the North-western University,
ry 28, mi.
Section 1. Be it enacted by the people of the State of
Illinois, represented in the General tMssembly, That Rich-
Corporatoi-a. ard Hauey, Philo Judson, S. P. Keys and A. E. Phelps, and
such persons as shall be appointed by the Rock River An-
nual Conference of the Methodist Episcopal Church to
succeed them in said office; Henry Summers, Elihu Spring-
er, David Brooks and Elmore Yocum, and such persons as
shall be appointed by the Wisconsin Annual Conference of
said church to succeed them; four individuals, if chosen,
and such persons as shall be appointed to succeed them by
the Michigan Aimual Conference of said church ; four indi-
viduals, if chosen, and such persons as shall be ai)pointed
to succeed them, by the North Indiana Annual Conference
of said church; H. W. Rued, J. J. Steward, D. N. Smith
and George W. Geas, and such persons as shall be appointed
to succeed them by the Iowa Annual Conference of said
church; four individuals, if chosen, and such persons as
shall be appointed to succeed them by tlie Illinois Annual
Conference of said church; A. S. Sherman, Grant Good-
rich, Andrew J. Brown, John Evans, Orrington Lunt, J.
K. Botsford, Joseph Kitterstring, George F. Foster, Eri
Reynolds, John M. Arnold, Absalom Funk and E. B. Kings-
ley, and such persons, citizens of Chicago or its vicinity,
as shall be appointed by the board of trustees hereby con-
stituted to succeed them, be and they are hereby created
and constituted a body politic and corporate under the name
K»mo and style, and style of the "Trustees of the North-western Universi-
ty," and henceforth shall be styled and known by that
name, and by that name and style to remain and have per-
petual succession, with power to sue and be sued, plead
Powers. and be impleaded ; to acquire hold and convey property,
real, personal or mixed, in all lawful ways ; to have and use
a common seal, and to alter the same at pleasure ; to make
and alter from time to time such by-laws as they may deem
necessary for the government of said institution, its officers
21 1851.
and Servants : Provided, such by-laws are not inconsistent Proviso,
with the constitution and laws of this state, and of llie
United States — and to confer on such })ersons as may be con-
sidered worthy of such academical or honorary degrees as
are usually conferred by similar institutions.
§ 2. The term of office of said trustees shall be four Term of offio«
years, but that of one member of tlie board for each con- "f board of
fereuce enjoying the appointing power by this act, and terra
of three of the members whose successors are to be ap-
p( inted by the board hereby constituted, shall expire an-
nually ; the term of each member of the board herein named
to be fixed by lot at the first meeting of said board, which
board shall, in manner above specified, have perpetual suc-
cession, and siiall hold the property of said institution solely
for the purposes of education, and not as a stock for the
individual benefit of themselves or any contributor to the
endowment of the same ; and no particular religious faith
shall be required of those who become students of the in-
stitution. Nine members shall constitute a quorum for the Quorum,
transaction of any business of the board, except the ap- •
pointment of president or prolessor, orthe establishment of
chairs in said institution, and the enactment of by-laws for
its government, for which the presence of a majority of the
boai'd shall be necessary.
6 3. Said annual conference of the Methodist Episco- „ ,
, 111 II • 1 • rowers of an'
pai church, under whose control and patronage said univer- nuai confer-
sity is placed, shall each also have the right to appoint, an- *'"<"'•
nually, two suitable persons, members of their own body,
visiters to said university, who shall attend the examina-
tion of students, and be entitled to participate in the deliber-
ations of the board of trustees, and enjoy all the privileges
of members of said board, except the right to vote.
§ 4. Said institution shall remain located in or near the Location of
city of Chicago, Cook county ; and the corp jrators and their university,
successor'^ shall be competent in law or equity to take to
themselves, in their said corporate name, real, personal or May hold real
mixed estate, by gift, grant, bargain and sale, conveyance, estate.
will, devise or bequest, of any person or persons wiiomso-
evcr ; and the same estate, whether real, personal or mixed,
to grant, bargain, sell, convey, devise, let, place out at in-
terest, or otherwise dispose of the same, for the use of said
institution, in such manner as to them shall seem most bene-
ficial to said institution. Said corporators shall faithfully
apply all the funds collected, or the proceeds of the pro- Proceeds of
perty belonging to the said institution, according to their appi'LY'
best judgment, in erecting and completing suitable build-
ings, supporting necessary officers, instructors and servants,
and procuring books, maps, charts, globes and philosophi-
cal, chemical and other apparatus necessary to the success
of the institution, and do all other acts usually performed
1851. 22
by similar institutions that may be deemed necessary or j
useful to the success of said institution, under the restric-
tions heri'iu imposed : Providi'd^ neverlheleHS, that in case I
any donation, devise or bequest sliali be made for particu- i
lar purposes accordant with the design of the institution,
and the corporation shall accept the same, eveiy such do- i
nation, devise or bequest shall be applied in conformity '
with the express conditions of the donor or devisor : Prjvi- ^
'^^'^'°}^^^'^^^^';^^'^ded, further, that said corporation shall not be allowed to ;
of hiud. hold more than two thousand acres of land at any one time, |
unless the said corporation shall have received tlie same by |
gift, grant or devise ; and in such case they shall be requir- ;
ed to Sell or dispose of the same within ten years from the J
time they shall acquire such title, and on failure to do so, ,
such land, over and above the before named two thousand i
acres, shall revert to the original donor, grantor, devisor, j
or their heirs. !
,,v,. „„ 5 5- The treasurer of the institution, and all other j
agents, when required, before entering upon the duties of
their appointment, shall give bond for the security of the ;
corporation, in such penal sums and with such securities as ,
Procees against the Corporators shall approve; and all process against the ,
parpoiation. Corporation shall be by summons, and the service of the ,
same shall be by leaving an attested copy thereof witii the \
treasurer, at least sixty days before the return day thereof, i
§ 6. The corporation shall have power to employ and
Principal and appoint a president or principal for said institution, and all I
such professors or teachers, and all such servants as may i
be necessary, and shall ha\'e power to displace any or such j
of them as the interest of the institution may require; to i
fill vacancies which may happen by death, resignation or j
otherwise among said officers and servants ; and to pre- ]
scribe and direct the course of studies to be pursued in \
said institution. [
§ 7. The corporation shall have power to establisli de-
Fttrther powers. pg^j.j.jjjgj^jg for the study of any and all the learned and lib- i
eral professions in the same, to confer the degrees of doctor |
in the learned arts and sciences and belle ielires, and to \
confer such other academical degrees as are usually con- 1
ferred by the most learned institutions. j
. . ^8. Said corporation shall have power to institute a ;
Mxaminini' i "^ i p , . i • i i- -i r i*. '
board. bo;ird 01 Competent persons, always including tlie lacuity, ■
who shall examine such individuals as may apply, and if ,
such applicants are found to possess sUch knowledge pur-
sued in said institution as in the judgment of said board i
renders them worthy, they may be considered graduates in
course, and shall be entitled to diplomas accordingly, on ;
paying such lee as the corporation shall affix ; which fee, <
however, shall in no case exceed tlie tuition bills of the
full course of studies in said institution. Said examining ,
23 1851.
hoard may not exceed the number of ten, three of whom
may transact bus ness, provided one be of the faculty.
^ 9. Should the corporation at any time act contrary Violation of
to die provisions of this charter, or fail to comply with the c'laiior.
same, upon coin])!aint being made to the circuit court of
Cook county, a scire facias sliall issue, and tlie circuit at-
torney fhail prosecute, in behalf of the people of this state,
for forfeiture of this charter. This act sliall be a public
act, and s'lall be construed liberaliy in all courts, for the
purposes herein expressed.
Afproved Jan. 28, 1851.
AN ACT to iiicorporiite the 8ivline Coal and Maiiufaoturiug Company. In force .Janua-
ry 28, 18f)l.
Whereas the objects herein cannot be provided for under a
general law of this state.
Section 1. Be it enacted by the j.eople of the ^tate of
] llin )is^ represented in the General t/2sse/nbtfj, That vVlbert
G. Caldwell and Josejih Bowles, and their associates, sue- Corporators,
cessors and assigns, be and they are hereby created a body
jiolitic and corporate, under the name and style of the
'•Saline Coal and Manufacturing Company," and undergtyie.
and by that name they and their successors shall have suc-
cession, contract and be contracted with, sue and be sued
in all courts and jilaces ; they shall have power to organ-
ize such company, by the appointment of a president and
such other officers as they may deem necessary, at such
time and place as they may designate, by notice previous-
ly given by them. And when tlius organized they and their I'owera.
successors may have a common seal, and alter the same;
and shall have power to make such by-laws, rules and reg-
ulations as they may deem necessary, from time to time, for
the government and the management and prosecution of
the business of said company, not inconsistent with the con-
stitution and laws of this state and the United States.
§ 2. The said com[)any may appoint and employ such ^j orai.ior
agents as may be required by them, and define the powers agents.
and prescribe the duties of such agents.
§ ;i. The said company may receive, buy and hold such FurtbtT power*
real estate, mining rights and rights of way, as may be ofcompaDy.
deemed necessary by them to the successful prosecution of
their business and the execution of the powers herein grant-
ed ; and shall have power to lay out and construct such
waggon ways, railroads and appurtenances thereto, on and
from the lands of said company, to such points on the Sa-
line and Ohio rivers as they may deem expedient and pro-
1851. 24
per; to erect dams and construct locks on the Saline riv-
er, on the lands of said company, for the improvement of
the navigation of said river, and whicli shall not impair
such navigation; and to engage generally in the business of
welling for salt water, and for the mining of coal, iron, clays
and other minerals, and for the manufacture, sale, and
transportation of the products of their wells, mines and
such other commodities as the company may think promo-
tive of its welfare, with all powers necessary and adequate
to carry into effect the successful prosecution of their bus-
iness and the execution of the powers herein granted.
§ 4. When the lands or estate of any feme covert.^ in-
, , , fant or person nor\ compos mentis, shall be required by said
Lanils of any ^ c ^\ / j xi ]• r U
jeme covert, in- Company lor the vise or said company, the guardian oi such
fant, or person • {- ^^j. fpersonl 71071 co77ipos meiitis, OY husbaud of such
non compos men- Li J iii r i • -jij
n*. feme covert, may release all damages for and in said lands
or estate, as fully as might be done by the party when free
from such disability; and the right of way and occupancy may
be acquired and damages adjusted under the provisions of the
law now in force in relation to the right of way ; and when
such damages are assessed and paid or tendered, according
to the provisions of said act, the lands so acquired shall
vest in said company, for the use and purposes thereof;
and when such right of way shall have been awarded un-
der said law, a copy of the report shall be filed and record-
ed in the county where such lands are situate, and a due
certified copy of such record shall be taken and received
as evidence in all trials relating to the same.
§ 5. The said company, in the erection of any dam and
^naViStioa^'tflf'cks ou Said Saline river, shall not impair the navigation
rirer! ' of Said stream, but shall keep sufficient assistance, at all
reasonable times, to permit and assist all boats and other
vessels to pass up and down said stream through such locks,
and upon such reasonable compensation and rates of toll as
may be assessed by said company, and reported to the coun-
ty court of the county or counties where such improve-
ments shall be made : Provided, that such rates of toll
shall not exceed the rates fixed at similar improvements in
this state.
?i 6. All acts or parts of acts relating to the improve-
Aats repealed. J . .1 picii- -i-i ■
ment of the navigation of the Saline river which are in con-
flict with the provisions of this act, be and the same are
hereby repealed, and this act shall be in force from and af-
ter its passage.
Approved January 28, 1851.
25 1861.
AN ACT to incorporate the Chiea-o Marine luiurance company, uf Cliicago. In force Jaan*-
SectioxN 1. Be it enacted hy the people of the State of
Illinois, represented in Hie General .issetnbly, as follows :
John C. Dodge, Horatio G. Looinis, Walter S. Gurnee Corporation we
Edward R. Rogers, their associates and successors, are ^'''*"
liereby declared a body corporate, by the name of the
" Chicago Marine Insurance Company,'" to be established
in the city ol' Chicago, county of Cook, and state of llli-
uois, for the purpose of making maritime loans and insurinnr
against maritime losses, with power to sue and be sued"^
plead and be impleaded, to have and to use a common seal,
and to make and alter from time to time such by-laws, not
inconsistent with law or the provisions of this act, as they
may deem necessary for the government of the said corpo-
ration.
§ 2. The capital stock of said corporation shall be two stock,
hundred thousand dollars, to be divided into sliares of one
hundred dollars each. The said corporation, as soon as
the capital stock is subscribed and twelve and a half per
centum paid in, and the remainder secured by notes based
upon bond and mortgage of improved real estate, not ex-
ceeding two thirds its value, or by deeds of trust of real
estate in the city of Chicago, which said real estate or any
part thereof shall be sold on thirty days' notice beino- .riven
Oil default of the payment of the said notes, or any pcfrtion
thereof, that may from time to time be called in, may com-
mence and carry on their business.
§ 3. All tiie corporate powers of the company shall be Director.,
vested in eleven directors, who shall be citizens of lids state
and members of the company, one of whom shall be presi-
dent thereof, who shall hold tlieir offices for one )car and
until others are appointed in their stead. Annual meetings
shall be held by the members of the corporation for the A"""<'»'' '''««*
choice of directors, and any other business that may come '"^'
before them, on the in each year, at such time and place
in the city of Chicago as a majority of the directors may
appoint, and notice thereof shall ue given in two of the pa-
pers printed in Chicago, at least ten days previous to said
meeting, and the first meeting shall be on the first Monday
in May, 1851. And the elections shall be holden under the
inspection of five stockholders, who shall not be directors,
to be appointed by the directors, and shall be made by bal-
lot, by a plurality of the stockholders nresent, allowino- one
vote for every share. Stockholders not present may^vote
by proxy, and the voting powers of the members shall be
determined five days previous to said election.
§ 4. The directors so to be chosen shall meet as soon President.
as may be after such election, and shall choose one of their
body to be president, who shall preside for one year ; and in
1851.
Insurance.
Raatriction'
Kltsotion of di
rsotors.
26
case of the death, resignation or inability to serve of the
president, or any director, such vac nicy or vacancies may
be filled for the remainder of the year by the directors.
§ 5. A special meeting of the corporation shall be cal-
led by the president and directors, upon the application in
writing of twenty members ; notice of which shall be given
ten days, successively, in two of the papers printed in Chi-
cago. And special meetings of the corporation may be
called whenever the president and directors may deem it
exi)edient. , ,, , i
§ 6. The president and directors shall have pov/er and
authority, in the name and on behalf of the said corpora-
tion, to make all kinds of insurance upon vessels, goods,
wares and merchandise, upon the rivers, lakes and canals
in the state of Illinois, and on the waters of Lakes Michi-
gan, Huron, Erie and Ontario, and in the adjoining states
and territories, but shall not take on any one risk a larger
amount than fifteen thousand dollars. Also, all kinds of
insurance ui)on the inland transportation of goods or prop-
erty, of any description, by land or water, and generally to
do and perform all matters and things relating to such ob-
jects; and all policies of insurance shall be subscribed by
"the president, or in his absence by two of the directors, and
countersigned by the secretary, and shall be binding and
oblicratory upou'the said corporation in like manner and
with like force as if under the seal of said corporation.
^ 7. It shall not be lawful for the said corporation to
deal, directly or indirectly, in any kind of goods, wares or
merchandise whatsoever, or in buying or selling any stock
or funded debt whatsoever, created or to be created by or
under any act of the United States or any particular state,
but it shkW be lawful for the said corporation to purchase
and hold any stock or funded debt last aforesaid, for the
purpose ot investing any part of their capital stock, funds
or moneys therein, and also to sell and transfer the same
and acrain invest the same, or any part thereof, in such stock
or funds, whenever and as often as the exigencies of the
corporation or a due regard to the safety ot its funds shall
require; and also to meke loans on bond and mortgage,
bottomry and respondentia, and the same to call in and re-
loan on like security, as occasion may require : Provided,
however, that nothing in this act contamed shall be con-
strued to confer on said corporation any banking power
whatsoever. , ,, i i u
§ 8 The first election of directors shall be hoJden as
soon as may be after the capital stock shall have been sub-
scribed, under the inspection of five of the stockholders,
whose duty it shall be to give due notice of the time and
place of holding such election, and immediately after said
election to ^nve to the stockholders present a certificate ot
27
1851.
the names of the persons elected, and to hand over to the
directors the subscription books of the said corporation,
and all papers relating to the same.
§ 9. There shall be annually chosen a committee of
finance, consisting of five directors, of whom three shall financial com
form a quorum, who shall investigate the best mode of in- '"'"'"■
vesting the funds of the corporation, and a majority shall
have power to loan or invest the same. They sliall also, at
the end of the fiscal year, examine the statement of the
afl^airs of the company made out by the secretary, and com-
pare the same with the books.
§ 10. It shall be the duty of the president and secreta-
ry, at least thirty days previous to the annual election of^^'^^'^'^ient of
directors, to prepare and insert in a book to be provided ^^"'''''^'•
for that purpose, a full and true statement of the funds,
property and securities of tiie said corporation, showing
the amount on real estate, in bond and mortgage, in bot*^
tomry and respondentia, in notes and other securities, in
public debt, in other stock, and the amount of debts due to
and from the said corporation ; which statement shall be
certified by the president and secretary, and shall be open
to the inspection of any stockholder of the said corporation,
during the usual hours of business in the oflice thereof,
until the day of election ; and in case the president and
secretary shall refuse or neglect to prepare sucii statement,
or submit the same when required, they and each of them
shall forfeit and pay to every stockholder so requiring
the inspection of such statement the sum of five hundred
dollars, to be sued for and recovered by such stockholder
to his own use, in any court having jurisdiction to that
amount, but such suit shall be commenced witiiin thirty days
after the annual election of directors of said company.
§ 11. It shall not be lawful for the said corporation to
commence business under this act, until the president and Commen«n,e„t
secretary ot the said corporation shall have made a depo- of operations.
sition in writing, and filed the same in the office of the clerk
of the county court of Cook county, that the capital stock
of the said corporation has been paid in, or secured accord-
ing to the provisions of this act.
§ 12. It shall be the duty of the president and directors Annual report
ot said company, on the first Monday in January in each
year, to make a report of the state and situation of said
company, showing the amount of capital stock paid in, and
the mariner in wliich the same is invested or secured ; how
much thereof has been consumed and expended in the pay-
ment of losses sustained by the said company; the amount
of its expenses, and how much is safe, and the amount of
habdity incurred by said company, and of debts owing by
them J the amount of premiums received, earned and un-
earned, of dividends made and losses sustained, during the
1851. 28
preceding year, and the amount of losses claimed against i
said company but not adjusted or paid, and the amount of
surplus on hand, and the manner in which the same shall
be invested or secured, specifying the amount and nature j
of each security ; which report shall be signed and sworn
to or affirmed by the said president and secretary, and filed j
in the office of the clerk of the county court of Cook coun- j
ty, and a printed copy of the same shall be delivered to i
each member wlien requested.
§ 13. It shall be lawful for the judge of the circuit ;
Tower of ex- court of Cook county, on the complaint of any stockholder, |
aminatioD. ^^^^ either to the court or the judge in vacation, when- '
ever it shall appear proper to cause the affairs and situation ;
of the said corporation to be examined into by a master in |
chancery, or such other person as the judge may appoint, ;
who shall make report to said court or judge : the expense j
thereof shall be determined by said judge, who, in his dis- j
cretion, may direct such expense to be paid by the com- |
pany. I
§ 14. The person thus appointed to make such examin- :
Examination to ation shall have power to examine, under oath, the presi- j
be under oath. ^^^^^ and Secretary or other officers of said company, and j
the books, papers and vouchers thereof, and any other tes- j
timony, in such manner as will best advance the purposes i
of such investigation.
§ 15. If upon such investigation it shall appear that the j
Duty of judges, corporation have in any respect exceeded the powers here- i
by granted, or violated the provisions of this act, it shall be ;
the duty of the said court or judge to appoint a receiver of i
the stock, property and assets of said corporation, who shall ^
have full power, under the direction and subject to the con- j
trol of said court, to close and wind up the business andi
affairs of said corporation.
§ 16. The duration of the corporation created by this
Duration of act shall be twenty-five years, and the office of the corpo-'
corporaiion. nation, for the transaction of business, shall be located in;
the city of Chicago. |
Approved Jan. 28, 1851.
T f ee Jan 28 ^^ -^^^ ^^ vacate the town plat of the t9wn of Liberty, in Morgan county.
1851.
Section 1. Be it enacted by the people of the State of
Illinois^ represented in the General Jissemhly^ That the
town plat of the town of Liberty, in the county of Morgan,
be and the same is hereby vacated.
§ 2. This act to be in force from and after its passage.
Approved Jan. 28, 1851.
29 1851.
AN ACT to incorporate the Terre Haute and Alton Railroad company. In force Jan. 2S,
1851.
Section 1. Be it enacted by the people of the State o/" Corporators.
Illinois, rej)resentedinthe GeneraKissemhly, That Robert
Smitli, Cyrus Edwards, Simeon Ryder, Samuel Wade,
Thomas G. Hawley, Robert Ferguson, Philander C. Hug-
gins, John S. Hayward, Joseph T. Eccles, George Burnap,
Thomas Pliillips, Thomas A. Gray, William Wood, William
F. Tiiornton, Joseph L. Dexter," John D. Bruster, Joseph
Oliver, John Ward, John Small, Byrd Munroe, Hezekiah
J. Ashmore, John M. Fiaston, James Cunningham, Ebenezer
Noyes, Isaac Sanford, Richard B. Sutherland, Allanson
Baldwin, George Redman, and all other persons who have
or may become stockholders in the capital stock of tlie
corporation hereinafter mentioned, in conformity with the
provisions of the " An act to provide for a general system
of railroad incorporations," enacted by the general assem-
bly of the state of Illinois, and approved November 5tli,
1849, and to the provisions of this act, they and their asso-
ciates, successors and assigns, shall be and are hereby
created a body politic and corporate, by the name of " The
Terre Haute and Alton railroad company," and by that style,
name they and their successors and assigns shall and may
continue for the term of fifty years from and after the pas- Term of incor-
sage of this act, and are hereby authorized and empowered poration.
to construct and complete, and during its existence to main-
tain and continue, a railroad, with a single or double track,
and with all such appendages as may be necessary for the
convenient use of the same, commencing at a point on the Route,
state line between the states of Indiana and Illinois, in a
direction for Terre Haute, Indiana; thence to Paris, in
Edgar count) ; thence to Charleston in Coles county ;
thence to Shelbyville, in Shelby county ; thence to Hills-
boro, in Montgomery county; thence to Bunker Hill, in
Macoupin county ; and thence to Alton, on the Mississippi
river, in the state of Illinois.
§ 2. The capital stock in said company shall consist of Capital st«ck,
two millions of dollars, to be divided into shares of fifty
dollars each, as fixed in the articles of association formed
and adopted at a convention of the stockholders of said
company, held at Paris, in Edgar county, in the state of
Illinois, on the 3d day of June, A. D. 1850, and filed with
the secretary of state, on the 15th day of January, A. D.
1851. ^
§ 3. The corporation shall cause books to be opened Subscription
for subscription to the capital stock, at such times and '^^"^^ *» ^
places as they may choose, and shall give at least thirty *'^^"^*^*
days' notice thereof, by publication in a newspaper pub-
lished in the town or city where said books may be opened, ^ ' •
1851. 30
and if there be no newspaper published therein, then in !
the nearest newspaper thereto. |
Who may take § 4. It shall be lawful for all persons of lawful age, or i
''°'^" for the agent of any corporate body, or agent of any state I
or of United States, duly authorized in behalf of the same, i
to subscribe any amount of capital stock : Provided^ that i
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.
AmouTit to be § 5. The Corporation may require each subscriber to -
^'^''k'^'ub pay a" amount at the time of subscribing, not exceeding ;
scribed'" ' five dollars on each share, as shall be thought proper : Pro-
vided, that due notice shall be given thereof, before the :
opening of the books as aforesaid. :
Election of di- § 6. As soon as five hundred thousand dollars of the j
rectors. capital stock is subscribed, and the fixed amount paid on |
each share, it shall be the duty of the directors named in ,
the articles of association before referred to, to call a meet- j
ing of the stockholders for the election of thirteen direc- j
tors, who shall be stockholders to the amount of at least |
twenty shares, and the said directors shall give thirty days' 1
notice of the time' and place of said meeting, by publica-
tion in at least two newspaper published on said line of \
road ; and the said election shall be conducted by two j
judges appointed by the stockholders present, and the per-
sons having a plurality of votes shall be declared duly elect- j
ed. In all elections the holding of one share shall entitle ^
the person to one vote, and votes may be given by the per- ,
son owning the same, or by one of several partners, or by \
husband, father, mother, executor, administrator, guardian, j
or trustee, or by authorized agent of any corporation, state !
or of the United States, or any person having a right to vote :
may vote by written proxy. j j i, ^
When construe- § 7. Whenever the aforesaid sum of five hundred thou- j
tion to com- ^^^^ dollars is subscribed as aforesaid, the said corporation ;
""'"''■ may commence, construct and complete the aforesaid rail- ^
road. I /E '
Time of election § 8. All elections, after the first, in relation to the offi-
of directors. ^.gj.g gf '^y^^ corporation, shall be held on tiie first Monday \
of June annually, under the direction of three stockhold-
ers, not directors at the time, to be appointed by an order
of the board of directors at a previous meeting: Provided^
that said directors may cause elections to be held on any
other day, should there be no election at the time fixed in
this section.
Term of office § 9. The directors provided for shall continue in office 1
of directors, f^j. ^^^ year, and until their successors are elected and !
qualified, and a majority shall form a quorum for the trans- j
action of business. !
31 :S5l.
§ 10. The said corporation is hereby authorized, by and E'ctension to
with the consent of the state of Indiana, to extend said rail-
road to Terre Haute, Indiana, or to form a connection with
any company that may be formed for that purpose by the
authority of tlie state of Indiana.
§ 11. The said company is hereby authorized to borrow May borrow
money, and for that purpose may issue bonds, to bear an '^""''•^'•
interest not exceeding eight per cent, per annum, to aid in
the construction of said railroad ; but the payment of said
bonds shall be secured by said road and its appendages, and
the franchises and property of said corporation : and all
sales of bonds for a less amount than par value shall be
good and valid and as binding upon said corporation as if
the same were sold for their full value : Provided, that
nothing in this act shall be so construed as to confer upon
said company banking privileges.
§ 12. Tills act shall take effect and be in force from and
after its passage, and shall be taken and deemed to be a
special act.
Approved January 28, 1851.
AN ACT to change a street in the town of Jolict. Jh forecJan.'.
1851.
Whereas John Curry, T. R. Hunter, Nancy A. McMaster,
and the commissioners of highways of the town of Joliet, Petitim for
have petitioned the legislature to reduce Oneida street, ^^^•'^"p of
. i o ,^ . . street.
m Joliet, (formerly called West Joliet) to lifty feet, by
taking off sixteen feet on the south side of said street,
between the river and Broadway, and adding the same
to the north side of the lots lying south of said street,
between said river and Broadway. Tiie owners of said
lots to which the sixteen feet are to be added, in consid-
eration of the same, propose to do work on said street
to the value of tlie sixteen feet added to their lots from
said street ; therefore,
Section 1. Be it enacted by the people of the State of
Illinois, represented in the General Assembly, That when- wiiat rcquii
ever John Curry, T. R. Hunter and Nancy A. McMaster ^'Hwrtief.
have done labor upon Oneida street, between the river and
Broadway, in the town of Joliet, (the two first named per-
sons, each to the amount of fifty dollars, and the latter to
the amount of twenty-five dollars,) said work to be done
under the direction of S. W. Bowen, one of said commis-
sioners of highways in the town of Joliet; and whenever
said S. W. Bowen makes a certificate that said work has
been done as before required, and presents the same to the
1851. 32
commissioners of highways in said town, they shall make
out a plat of the town adjoining said Oneida street, show-
ing the said street reduced to fifty feet as contemplated in
this act, and have the plat, together with their certificate of
all the facts, setting forth that the street has been reduced
in width to fifty feet, by taking off sixteen feet from the
south side of said street and adding the same to the north
side of the lots adjoining said street owned by John Curry,
T. R. Hunter and Nancy A. McMaster ; and when said
commissioners file the said plat and statement as aforesaid,
they shall state in the said certificate the fact that all the
requirements of this law have been complied with, to enti-
tle the said John Curry, T. R. Hunter and Nancy A. Mc-
Master to the land thus attached to their lots from the said
street, and their heirs and assigns.
This act to be in force from and after its passage.
Approved January 28, 1851.
lQforc«Jan.2S, ^^N ACT to vacate an alley named therein.
1851.
Section 1. Be it enacted by the people of the State of
Illinois^ represented in the General Assembly^ That the
alley running through block seventy-seven (77,) in the town
of La Salle, in the county of La Salle, be and it is hereby
declared vacated.
§ 2. This act shall be in force from and after its passage.
Approved January 28, 1851.
In force Jan. 28, AN ACT to establish a ferry across the Illinois river at La Salle, and to authorize
1851. the construction of a plank road.
Section 1. Be it enacted by the people of the State of
Ferry author- Illinois, represented in the General Assembly, That Isaac
ized. Hardy, Charles Todd and David L. Hough, of the county
of La Salle, their associates, heirs or assigns, be and they
are hereby authorized to establish a ferry on the Illinois
river, opposite the town of La Salle, in the county of La
Salle, on section twenty-two (22,) in township thirty-three,
north of the base line, and range one (1,) east of third
principal meridian, and to run the same from both sides of
said river, from the road leading across lock fourteen of
the Illinois and Michigan canal, on the north side of said
river, and from any lands owned by them, or any other per-
33 1851.
gon or persons, with the consent of the owner or owners
thereof, or from any public street, road or landing on the
south side of said river, for and during the term of twenty
years from the passage of this act.
§ 2. The said Hardy, Todd and Hough, their associates, Tolls.
heirs or assigns, shall be authorized to demand and receive
the same tolls which any other ferry in said La Salle county,
across said river, is authorized to demand and receive, and
shall in other respects be entitled to all the privileges, and
subject to all of the duties and restrictions, contained in
chapter forty-two of the Revised Statutes of this state, en-
titled " Ferries and Toll-Bridges" : Provided, that when-
ever the town of La Salle shall become incorporated, the
authorities of said town shall have power to regulate the
tolls on said ferry.
§ 3. All taxes which may be levied on said ferry and Taxes, how ap-
coHected shall be appropriated and used to aid in construe- P^P"*^ ^* "
ting and keeping in repair the road or roads leading from
Said ferry, and unless said ferry shall be put in active ope-
ration, and within one year from the passage of this act, then
and in such case sections one and tv/o of this act shall be-
come null and void.
§ 4. The said Hardy, Todd and Hough, their associates, piank road au-
heirs and assigns, are hereby authorized and empowered, tbonzed to be
under the name and style of the "La Salle Plank Road
company," to construct a plank road to connect their said
ferry landing, on the north side of the Illinois river, with
the Illinois and Michigan canal, at lock fourteen of said ca-
nal, and said company is hereby authorized to exercise all
the powers, and enjoy the rights, privileges and immunities
conferred upon the " Salisbury Plank Road company," by
an act entitled "An act to incorporate the Salisbury Plank
Road company," approved February 12, 1849, and shall ' vv %
also be subject to all the restrictions and liabilities imposed
by said act upon said company.
This act to be in force from and after its passage.
Approved January 28, 1851.
AK ACT to amend an act entitled "An act to incorporate the Illinois Coal Company. ' ' In fori^e Jan. 20,
18 Jl.
Section 1. Be it enacted by the people of the State of
Illinois, repr sented in the General ^dssemhly. That so
much of the act entitled " An act to inr-orporate the Illinois Parts of actsrc-
Coal company," approved the 12th of February, 1849, as P'^''^"^-
authorizes and requires said company to establish a ferry
across the Mississippi river j and also, so much of said act
1851.
34
Authorized
conitruct
bro.nch roads
to
as requires said company, within the limited time therein
named, to construct and put in operation the railway there-
in authorized ; and also, so much of said act as affixes any
disability, forfeiture or penalty whatsoever to the failure
of said company to establish said ferry, or to construct or
put in operation said railway, (within said limited time) be
and the same are hereby repealed ; and in particular, tiiat
the sixth section of said act be and the same is hereby re-
pealed.
§ 2. That said Illinois Coal company be and are hereby
authorized to construct and put in operation any branch or
branches to said railway, not exceeding six miles in length,
appearing in their judgment necessary to or promotive of
their business or interests ; and for these objects may, by
any or all of the ways and means referred to in the act to
which this is an amendment, acquire suitable rights of way,
lands for convenient and commodious depots, and such other
property and rights of property and privileges as may be
promotive of the business and interests of said company, or
adapted to the uses of said railway and branches.
Ferry privilege. § 3^ That Said Company be and are hereby author-
ized to ferry across the Mississippi river the passengers
and freiglit of said railway and branches, and for this pur-
pose to acquire, hold and use any and all descriptions of
property, and rights of property auxiliary to this privilege :
Provided^ that nothing in this act contained shall be so
construed as to authorize and empower the said Illinois
Coal company, under their original charter or this amend-
ment thereto, to build any branch road, acquire any rights
of way, or depots, upon the Mississippi bank below Brook-
lyn, or upon the island opposite the city of St. Louis com-
monly called "Bloody Island," or tUe accretions thereto,
Furtherproviso. without the consent of the owners of said land : And pro-
vided^ further, that nothing in this act contained shall
authorize the said Illinois Coal company to establish any
ferry or exercise any ferry rights or franchises upon the said
island opposite St. Louis commonly called "Bloody Island,"
or the accretions thereto, either with or without the con-
sent of tlie owners of said island.
§ 4. The branch roads authorized under this act, or the
one to which this is amendatory, shall be constructed to
carry out the legitimate purposes for which said original
charter was granted, and not so as to form any part of a
railroad across tiiis state, and shall not be extended in any
eastwardly direction from the main trunk, nor shall said
company establish a ferry, or hold the same, or exercise
any ferry rights or franchises above the town of Brooklyn.
Approved Jan. 29, 1851.
I'roTiso.
Branch roads
not to form
part of any
road extended
across the state
35 1851.
AN ACT to amend an act incorporating the Illinois Conference Female Academy. In force Jan 29,
1851.
Section 1. Be it enacted hy the people of the State of
Illinois, represented in the General Assembly, That the
name of the Illinois Conference Female Academy shall be
and the same is hereby changed to that of the " Illinois
Conference Female College ;" and the number of trustees
of said institution may be increased to thirty-two.
Approved Jan. 29, 1851.
AN ACT to amend the charter of the Alton and Sangamon Railroad company. In force Jan. 29,
1851.
Section 1. Be it enacted by the people of the State of
Illinois, represented in the General Assembly, That the
president and directors of the Alton and Sangamon Rail-
road company are hereby authorized to change the route
of their railroad, so as to construct their road on the most
direct and eligible route from Carlinville to Springfield,
anything in their charter to the contrary notwithstanding :
Provided, the subscribers residing west of the line adopt-
ed by the compan}-, between the point of divergence from
the old line and Springfield, may be released from their sub-
scription to stock in said company, and the refunding by
said company the amount paid by such subscribers.
§ 2. This act to take effect from and after its passage.
Approved Jan. 29, 1851.
An act to incorporate the Young Men's Association of the eity of Chicago. In force Jan. 30,
1851 .
Section 1. Be it enacted by the people of the State of j^^^^^q^^^^^^^
Illinois, represented in the General Assembly, That the
members of the Young Men's Association of the city of
Chicago, and all persons who shall hereafter become asso-
ciated with them, are hereby constituted a body politic and
corporate, by tiie name of the " Young Men's Association
of the city of Chicago," and by that name shall have per-
petual succession, with power to make, have and use a com- p g^g^
mon seal, and the same to alter and renew at pleasure, to
contract and be contracted with, sue and be sued, implead
and be impleaded, answer and be answered unto, in all
courts of competent jurisdiction, and shall have all other
powers and privileges necessary to fulfil the objects of
their incorporation.
§ 2. The objects of said corporation shall be to estab-
lish and maintain a reading room and library, and to pro-
1851. 36
cure literary and scientific lecture?, and to promote the in-
tellectual improvement of its members.
§ 3. The officers of said corporation shall be a president,
°®'^^' two vice presidents, corresponding secretary, recording
secretary, treasurer, and seven managers. They shall be
chosen annually, by ballot, by the members of the corpora-
tion, and the persons receiving a majority of the votes of
the members present shall be declared elected, and shall
hold their respective offices for one year, or until their suc-
cessors shall be appointed. The above named officers shall
compose the executive committee.
Meetings. ^, 4. There shall be an annual meeting of the corpora-
tion, on the first Saturday of February, in each and every
year, for the purpose of electing officers, hearing the report
of the executive committee, and transacting all other neces-
sary business.
§ 5. Said corporation shall have power to define the
Officers. duties of its officers, appoint such committees and adopt
By-laws. such by-laws as may be necessary for its government, the
management of its concerns, and the fulfilment of its ob-
jects ; and shall be competent in law and equity to take to
May hold proj-itself, in its Corporate name, real, personal or mixed pro-
'^"''^y* perty, by gift, grant, bargain, and sale, conveyance, will,
devise or bequest, of any person or persons whomsoever,
and the same estate to grant, bargain, sell, conve)^, demise,
at or place out at any interest, or otherwise dispose of the
same, for the use of said corporation, in such manner as
shall seem most beneficial thereto.
Treasurer. § 6. Said Corporation may require bond and satisfactory
security of its treasurer, for the faithful performance of his
duties as such officer.
Constitution A 7. The Constitution and by-laws now adopted by said
lion and by- •^ . .. , „ ^. • r .m .1 1 1
lawsand prop- association Shall continue in lorce until the next annual
erty of asso- meeting of said association after the passage of this act ;
and all personal property and effects, of whatever kind or
description, now held by said association, or any person or
persons in trust therefor, shall, by virtue of this act, vest
in and become the property of the corporation hereby cre-
ated, and may be suedfor recovered in the name of said
corporation.
Real estate not ^ g. The association hereby incorporated shall have
to exceed capi- ii- ii i-i 1
tai stock. power and authority, and are hereby authorized, to purchase
real estate or other property in the city of Chicago, not
exceeding the capital stock created, at such terms as it may
be determined by the executive committee aforesaid, to
create a capital stock as in this act provided, for the pur-
pose of erecting necessary buildings for the permanent occu-
pation of the association, reading room, library and lecture
rooms.
Capital stock, A 9. YoT the purpose of purchasing such real estate and
how subscribed. •' j. 1 r o
37 1851.
erection of permanent buildings as aforesaid thereon, the
said executive committee are hereby authorized and em-
powered, at such time as they may think proper, by reso-
lution to that effect entered upon the record of the pro-
ceedings, to create a capital stock of twenty thousand dol-
lars, divided into shares of fifty dollars each, with the privi-
lege at any time thereafter of increasing the same to fifty
thousand dollars, if such amount shall by them be deemed
necessary for the purposes aforesaid, upon publishing twen-
ty-five days' notice of such resolution in one of the daily
newspapers printed in the city of Chicago ; at the expira-
tion of which time books shall be opened for the subscrip-
tion of said stock at the reading rooms of the association,
by Thos. Hoyne, William T. Barrow, George Manierre,
William C. Doggett, James H. Rees and H. G. Shumway,
who are hereby constituted a committee to open said books
and solicit subscription for said stock; and the same shall
be payable in such instalments and at sucli times and sub-
ject to such forfeitures as shall be prescribed by said execu-
tive committee.
§ 10. After all said capital stock, so created as afore- Meeting of
said, shall have been subscribed, a meeting of all the stock- stockholders.
holders and members of the association shall be called by
the said stock committee, who shall require a payment of
five dollars on each one hundred dollars of stock in cash,
at the time of said meeting, from each subscriber of stock,
on the amount subsci'ibed for by him, and a new election Election of offi-
of officers shall then take place, who shall hold their cws.
offices until the next ensuing regular election. And at
such election, and all elections thereafter held, each mem-
ber of the association shall be entitled to one vote, and
each stockholder to one vote, for each and every share
of stock lie may hold, and a majority of all the votes cast
shall be required to make an election : Provided, that no
stockliolder shall be entitled to vote at such elections who
may be in arrears for his payment of the instalment re-
quired or called for on his stock, and no member of the as-
sociation shall vote unless he lias first paid up his regular
annual and quarterly dues to the association.
§ 11. As soon as said stock is subscribed tlie said ex- May borrow
ecutive committee shall have power to borrow any sum or ™oiey.
sums of money, not exceeding the amount of said capital
stock, to secure the early completion of said buildings, and
for tliis purpose they are hereby authorized to issue bonds
therefor, and pledge all property, real or personal, owned
by said association, for the repayment thereof.
§ 12. This act shall be a public act, and as such shall This a public
be received in all courts, and receive a construction favora-
ble to the accomplishment of its objects.
§ 13. Persons not stockholders may become members, Membership.
1851. 38
on payment of such dues as may be fixed upon by the ex-
ecutive committee from time to time.
Excess of rents § 14, After the payment of all expenses of the associa-
how a^p^Ued. ^^^^^ ^" keeping up the lecture room, library and reading
rooms, in such manner as tlie executive committee shall
think proper, and after said buildmgs are erected for the
use of the said association, then the overplus arising from
rents or profits of any such real estate or buildings owned
by the association, or purchased or erected as aforesaid,
shall be divided, annually, pro rata among the stockholders
of said association, according to the amount of the stock
held by them respectively.
§ 15. This act shall take effect from and after its pas-
sage.
Approved Jan'y 30, 1851.
tn force Feb. 1, AN ACT to amend the charter of Knox County Manual Labor College.
1851.
Preamble. Whereas by an act entitled " An act to incorporate Knox
Manual Labor College," approved February 15, 1837,
it was provided that if donations, grants or devises
in land should, from time to time, be made to said cor-
poration, over and above one thoueand and forty acres,
(which one thousand and forty acres, by the term of the
said act, might be held in perpetuity by the said corpo-
ration,) the same might be received and held by such
corporation for the period of three years from the date
of every such donation, grant or devise. And whereas
by an act entitled an act to amend the act first afore-
said, approved January 18, 1840, the time for holding
the said donations, grants or devises of lands by tiie said
corporation was extended to seven years, in addition to
the period of three years ; now, therefore,
TLme of holding Section 1. Be it enacted by the peujile of the State of
of land ex- Illinois, represented in the General Assembly, Tliat the
period during which the said corporation of Knox Manual
Labor College may hold any such donations, grants or de-
vises in land, be and the same is hereby extended for the
further term of ten years, in addition to the said terms
limited in the said two above mentioned acts,
§ 2. That in all cases where the said limitation of seven
Where former years shall have expired before the passage of this act, the
iSSd.°'^ ^""^said term of ten years in this act provided for shall be con-
strued to commence and shall commence at the time of the
expiration of such seven years.
§ 3. That in all cases where the said corporation may
39 1851. I
have been the owner or holder of the title to any real estate '^i^l® °o* J™-
before the expiration of the said term of seven years, the ph-ation ^fT'
right, title or interest of the said corporation in or to such y^^^s' limit,
real estate shall not be construed or held to be or to have
been impaired or defeated, on the account of the said cor-
poration having failed to sell or dispose of such real estate
during the said term of seven years, but the right, title and
interest of sucli corporation in and to sucii real estate shall
be held to be and shall be as full and perfect, from and after
the expiration of the said seven years, during the full term
of ten years in this act mentioned, as before the expiration
of the said term of seven years. '
^ 4. That all contracts and agreements, bonds, obli- contracts since
gations, conveyances and deeds of any real estate made or expiration of
".-,■, • 1 J i 1 i /• 1 seven years
entered into concerning any real estate heretoiore owned limit valid.
by said corporation, which may hav^e been made or entered
into since the expiration of tiie said term of seven years, by
tlie said corporation, shall be deemed and held as good and
effectual in law, to all intents and purposes, to bind, hold
and convey any interest whicli the said corporation might
or would have had in such real estate if the said limitation
of seven years had not expired at the time of the making or
entering into of any such contract, agreement, bond, obli-
gation, conveyance or deed.
Approved Feb. 1, 1851.
AN ACT to incorporate the Chicago Building Association.
In forre Feb!
1851.
Section 1. Be it enacted hy the people of the State of
Illinois^ represented in the General JJssevibly, That Wil-
liam W. Danenhower, H. B. Hind, John H. Kedzie, John
W. Waugliop, Stephen Bronson, Jasper A. Hoisington, John CorporatioD
H. Atkin, Franklin V. Pitney, Nathan H. Bolles, William
Stacey and Tliomas M. Moody, directors, and all such per-
sons as are or shall become subscribers of tlie stock here-
inafter mentioned, shall be and they are hereby constituted
and declared a body corporate and politic, by the name and
style of the " Chicago Building Association," and by that ^^'
name and style they and their associates and successors
are hereby made as capable in law as natural persons, to
contract and be contracted with, to sue and be sued, to
plead and be impleaded, in all courts of law and equity,
and make and use a common seal, and to alter the same at
pleasure; to acquire by purchase or other ways and hold all
kinds of estate and property that may be necessary to ac-
complish the objects of said association, and to convey the
1851.
40
Object of
elation.
Caiiital stock.
Loans.
Former acts le-
galized.
same and such property as may now be held in trust for the
members thereof; to form a constitution and by-laws for
their government, the appointment, number and duties of
officers, the transfer of stock, the manner of making loans
and taking security therefor, and the manner of holding and
conveying property : Provided, the same shall not be in-
consistent with the laws and constitution of this state and
of the United States.
The object of this association shall be to accumulate a
fund, by the savings of the members, and to loan the same
to the stockholders of the association, so as to enable each
stockholder to purchase a lot and build or purchase a house,
and thus provide himself a home.
The capital stock of the association shall consist of not
exceeding five hundred shares of two hundred dollars each,
of which no one stockholder shall own more than ten
shares.
The board of directors shall have power to award loans'
to stockholders only at the highest premium that may be
bid therefor at public auction, with interest at the rate of
six per cent, per annum, and to take security therefor.
[§ 2.] Be it further enacted. That the adoption of the
constitution and by-laws, the election of officers, awarding
of loans for premiums and interest, and taking securities,
heretofore done in a manner not inconsistent with this act,
are hereby legalized and declared valid ; and all securities
and property now held in trust for the members of said as-
sociation are hereby declared to be vested in the said Chi-
cago Building Association, as effectually and to the same
extent as if the same were taken directly to said corpora-
tion, and shall be subject to the same control, and any re-
lease or conveyance of the same property, executed by
said association, shall be valid in law and vest title.
Approved Feb. 1, 1851.
In force Feb. 1,
1851.
Preamble.
AN ACT to enable tbe guardian of Louisa Buzan to settle his guardianship.
Whereas it is represented to this general assembly, that
David B. Starr, of the county of Montgomery, was, in
the year 1833, by the probate court of said county, dul)'
appointed guardian of Louisa Buzan, an orphan minor,
and that said Louisa Buzan is either dead or resides in
parts unknown, and on due enquiry cannot be found, and
that if said Louisa Buzan is now living she is of lawful
age, and that said David B. Starr is desirous of settling
his said guardianship and paying over the amount in his
41 1851.
hands belonging to said Louisa Buzan, if living, or to
her heirs or legal representatives, if dead, to some person
authorized to receive tlie same ; therefore.
Section 1. Be it enacted hij the j^^oplc of the State of county courf to
Jlflnois, represented in the General Assemhly^ Tliat it ^^^^l^^ ''®"
shall and may be lawful for the county court of said county
of Montgomery, acting on probate business, to appoint
some discreet and responsible person, resident of said
county, to be receiver, who shall receive of said David B.
Starr, guardian as aforesaid, the whole amount whicli shall
be found due from said Starr to said Louisa Buzan as
aforesaid, and receipt for the same.
^ 2. It shall be lawful for said David B. Starr, after having Aftersettiement
- •> 1 T ,1 , f \ • • 1 T 1 • • L\ • 1 oy court shall
first settled the account or his said guardianslnp with said pay over U) re-
county court, to pay to the said receiver so to be appointed cjiver.
the whole amount which shall be found due on such settle-
ment, and to take such receiver's receipt for the same ; and
such payment so made sliall as fully, and to all intents and
purposes, exonerate and discharge said Starr from all fur-
ther liability on account of the money so paid, as if said pay-
ment had been made to said Louisa Buzan or lier heirs or
legal representative: Froviifed, however^ that no such Proviso,
payment shall be made to said receiver until such receiver
shall have executed a bond, with good and sufhcient free-
liol(! security, in double the amount found due on such set-
tlement, and so to be by him received, to be approved by
said county court and payable to the people of the state
of Illinois, for the use of said Louisa Buzan, her heirs or
legal representative, conditioned as guardians' bonds are
conditioned, and for the final accounting for and paying
whatever uiay be found due to said Louisa Buzan or her
heirs or legal representative.
§ 3. It shall be the duty of said receiver so to be ap-
pointed to loan out at interest the money so by him receiv-Duty of re-
ed, under the order, direction and approval of said county ceiver.
court, in the same manner as if he held the said money as
guardian of an orphan minor.
§ 4. Said receiver and his securities on his said bond Liability of rc-
shall be liable for any breach of the conditions of said bond,
to the same extent as guardians and their securities are
liable on guardians' bonds.
This act to take effect and be in force from and after its
passage.
Approved February 1, 1851.
ceiver.
1851. 42
In force Feb. 1, AN ACT supplemental to an act entitled " An act to incorporate the Northern Cross
1851. Kaih-oad Company," approved February tenth, one thousand eight hundred and
forty-nine.
Branch road au- ^^ECTioN 1. Be it tiiacted hij thc people, of the State of
thonzed. IlUnoU^ rejJresented in the General Assembly^ That the
company organized under the act to which this is a supple-
ment, is hereby authorized and empowered to locate, con-
struct, establish and finally complete and hereafter use a
lateral branch of said Northrrn Cross railroad, commencing
at any convenient point on said Northern Cross railroad, in
the county of Adams, and running thence, on the most eli-
gible, beneficial, expedient and practicable route, through
the Military Bounty Tract, and terminating at the most
convenient and eligible point at or near the southern term-
Proviso, ination of the Illinois and Michigan canal : Provided^ the
said company shall not locate or construct the said branch
upon any line east ol the town of Knoxville, in Knox coun-
ty. The said company are hereby empowered, in the con-
struction of said branch railroad, to lay out said road wide
enough for a single or double track, throughout the whole
lengtli thereof, and for the. purpose of constructing the
same, and for materials, stone, earth and gravel, may take
and use as much mor<i land on the sides of the same a? may
be necessary for the proper construction and security of
said road.
§. 2. The capital stock of said company, in addition to
Capital stock, the Capital stock provided for in said original bill, shall be
two millions of dollars, and may be increased to three mil-
lions of dollars, to be divided into shares of one hundred
dollars each : and the directors of said company are here-
by vested with power and authority to provide for opening
books and obtaining subscriptions to the said additional
capital stock, in such manner and under such rules and
regulations as they may prescribe for obtaining subscrip-
tions to the capital stock provided for in said original bill.
. . § 3. The provisions of the act to which this act is sup-
originaichar-plemental, relating to the power, authority and duties of the
ter applicable directors, and to the election and powers of the president
road. of Said Company, and to the powers, rights, authorities,
privileges and immunities pertaining to the Northern Cross
railroad, granted to said company by the said original act,
with the power to procure such loan or loans of money as
may be deemed necessary for the construction of said
branch railroad, and to pledge the said road for the pay-
ment thereof, and to receive in payment of stock subscribed
for bonds and mortgages, and also any securities or evidences
of debt, stock in other companies, or other valuable things,
and to dispose of or pledge the same for the purposes of
said company in the construction of said branch railroad,
and all and singular the provisions of the said original act
43 1851.
and of the act therein mentioned, and beneficial to said
company, shall apply to the said Northern Cross Railroad
company, to all intents and purposes, and in every manner
of things, powers, rights, privileges or authority whatever,
in reference to the said branch railroads, as fully and com-
pletely as if the location and construction of tlie said branch
railroad had been authorized and provided for in and by the
said original bill.
§ 4. This act shall be deemed and taken to be a public
act, and be construed liberally for the benefit of said com-
pany.
Approved Feb. 1, 1851.
AN ACT to incorporate the Canton Cemetery Company. In force Feb. 1,
Whereas William Hulet, James R. Walter, Robert C. Cul- Preamble.
ton, Joel Wriglit, Thompson Maple, Charles Kirkpat-
rick, John W. Shinn, John G. Graham, James SuUey,
James H. Stipp, Thomas J. Little, Tracy Doolittle,
(alias Stephen Tracy,) Evan Davis, Henry Rohrer,
Mathias Himinover, James Brown and Davis Ferguson,
in the year A. D. 1848, associated themselves together,
under the name and style of the " Canton Cemetery
Company," and elected the said William Hulet, Thomp-
son Maple and John G. Graham trustees of said compa-
ny ; purchased from Joel Wright seven and ninety-six
one hundredths acres of land, part of the north-east quar-
ter of section thirty-four, township seven north, range
four east, in the county of Fulton, in the state of Illinois,
as per deed from Joel Wright and wife to the said trus-
tees, dated April 12th, A. D. 1848, for the purpose of
a burying ground for the citizen and stranger, and laid
the same of in lots for that purpose ; therefore.
Section 1. Be it enacted by the people of the State of
Illinois, represented in the General Assembly, That Wil-
liam Hulet, Thompson Maple and Jolin G. Graham (afore-
said,) of the town of Canton, and their associates and suc-
cessors in office, be and they are hereby constituted a body
corporate and politic, by the name and style of the "Canton style of corpo-
Cemetery Company," and by that name to have perpetual nation.
succession, and invested with all the powers, rights, privi-
leges, liabilities and immunities incident to corporations.
§ 2. Said company shall have power to hold the land ^^«J^X*dl*'°
above described, to own and possess, by purchase or gift, real
estate, not exceeding fifteen acres, and personal property
not exceeding one thousand dollars, for the use and purpo-
18
1851. 44
ses of said cemetery ; wliicli shall be exempt from taxation,
execution or appropriation for public uses.
§ 3. The object of said company shall be exclusively
Object of com- and solely to lay out their burial places for the dead, into
pany. ]ots, with Convenient aisles, and to sell said lots for the pur-
poses herein contemplated, and none other, reserving a suf-
ficient portion thereof for the burial of the stranger and in-
digent persons, — to improve and ornament the said ground,
to erect a hearse house, keeping ihe same in proper order
and repair, the purchase of a hearse or hearses, and such
other objects as may be connected with this corporation, to
the end that all the appliances, conveniences and benefits
of a public and private cemetery may be derived or ob-
tained.
§ 4. The officers of said company shall consist of a
Officers of com- president and two directors, constituting a board of trus-
pany. ^ggg . ^ secretary, who shall also be treasurer ; and a sex-
ton,— who shall be chosen annually, on the first Monday in
January in each year hereafter, or on such other day or time
as the said board shall determine or direct; and the said
officers to hold their respective offices until tlieir successors
are elected and qualified. And all vacancies may be filled
in such manner as said board shall, by their by-laws, direct,
• . and until the election of officers under this act, on some day
on or after the first Monday in January, A. D, 1852, said
William Hulit shall act as president, and Thompson Maple
and John G. Graham as directors, who shall appoint the
other officers until an election is held. Every person own-
ing one or more lots shall be a member, and entitled to one
vote only. Absent members may vote by proxy.
§ 5. The board of trustees shall have power, by and
Power of tnis- under their hands and private seals and acknowledgment,
tees. " as required by law, to transfer the right of property to any
lot or lots for the purposes aforesaid, to any person or per-
sons, his, her or their heirs or assigns, and an entry of all
sales shall be made in a book to be kept for that purpose,
and all assessments shall be reported and entered in said
book to entitle the owner to a vote, and the said board of
directors shall have power to establish and change by-laws
and prescribe all such rules and regulations, not inconsis-
tent with the constitution and laws of the United States or
of this state, for the government of said company, the elec-
tion of officers, prescribe their duties and remuneration,
and for the management of the affairs, property and busi-
ness of this corporation, and to enforce the same in law
or equity.
This act shall take effect and be in force from and after
its passage.
Approved Feb. 1, 1851.
45 1851.
AN ACT to authorize Wade II. Eldridge to keep a ferry across the Mi.-sissippi river. In force Feb. 1,
1851.
Section 1. Be it enacted by the people of the State of
Itli?iois, represented in the General Assembly, That Wade Ferry establish-
H. Eldridge, his heirs and assigns, be and they are hereby au- ^^'
thorized to establish and keep a ferry, for ten years, across
the Mississippi river, between Savannah, in the county of
Carroll, Illinois, and Salula, in Jackson county, in the state
of Iowa; during which term neither the county court nor
the board of supervisors of said county of Carroll shall
grant a license to any other person or persons to establish
a ferry within two miles of said town of Savannah.
§ 2. The said Eldridge shall keepat all times a Rood and s^a^ keep ferry
i. . , 1 1 1 i ^1 fe""^' """ in working or-
sutticient boat, worked by steam or horse power, sufficient der,
for all the speedy and safe transportation of all passengers,
teams, horses, cattle and all other animals, as well as goods
and effects belonging to passengers, and shall furnish said
boat with men of suitable strength and skill to manage the
same, and shall charge and receive such rates of ferriage
as shall be annually fixed by the board of supervisors of
said Carroll county.
§ 3. The said Eldridge shall pay into the county treas- Tax upon ferry,
ury of Carroll county such annual tax as may be imposed
upon said ferry by the board of supervisors of said county,
not exceeding twenty-five dollars ; and in the management
and regulation of said ferry shall be governed by the act
to establish ferries and toll-bridges, approved March third,
one thousand eight hundred and forty-live.
§ 4. This act to take effect and be in force from and af- ^^t may be
ter its passage, but may be altered, amended or repealed amended.
when the public good may require it.
AiPRovED February 1, 1851.
AN ACT concerning the Mt. Carbon Coal Company. In force Feb.
1861.
Section 1. Be it enacted by the people of the State of
Illinois^ represented in the General Assembly, That the
act entitled "An act to incorporate the Mt. Carbon Coal Acts revised,
company," approved the 24th day of January, one thousand
eight hundred and thirty-five, and the act supplemental to
the above recited act to incorporate the Mt. Carbon Coal
company, approved February twenty-sixth, one thousand
eight hundred and forty-one, be and the same are hereby
<leclared to be in full force and virtue.
§ 2. Be it further enacted, That the said Mount Carbon
Coal company shall commence the railroad authorized to be
1851.
46
When railroad
to be com-
menced and
completed.
Whare stock -
holders may
meet.
Proviso.
Bead may
continued.
Act in force for
30 years.
made by the aforesaid supplemental act, within one year
from the passage of this act, and shall complete the same
within three years, otherwise this act shall be null and void.
§ 3. For the greater convenience of the stockholders,
and the better management of the affairs of the company,
the stockholders and the board of president and directors
may hold their meetings in the county of Jackson, state of
Illinois, or in any other place within the United States which
may be considered by them as more conducive to the best
interests of the company : Provided^ that an authorized
agent of the said company shall at all times reside in the
said county of Jackson, in the state of Illinois, and that
service of legal process on said agent shall be deemed as
sufficient service on the corporation in any suit or suits
which may be instituted against it.
§ 4. Be it further enacted^ That the said Mount Carbon
Coal company may, at any time hereafter, when they deem
it expedient, continue the said railroad, from its terminus
on the Mississippi river to the town of Breeseville, on said
river; and in case said company should not continue or ex-
tend said road to Breeseville, then any other company to be
incorporated may so continue and extend the same.
§ 5. This act to take effect from its passage, and to
continue in force thirty years from that date.
Approved February 1, 1851.
vacated.
In force Feb. 1, AN ACT to vacate certain streets in the town of ByroDj in Ogle county, Illinoi?.
1851.
Section 1. Be it enacted by the people of the State of
Illinois, represented in the General Jlssembly, That so
Parts of streets much of Third street as lays west of Walnut street, and
those parts of Washington street, Franklin street, Lafay-
ette street and West street, as lays north of Second street,
in the town of Byron, Ogle county, Illinois, be and the
same are hereby vacated ; and that the aforesaid streets
hereby vacated shall be attached to the several lots adjoin-
ing the same, in equal proportions.
Approved February 1, 1851.
47 1851.
AN ACT to amend an act to incorporate the Rock Island and La Salle Railroad Com- In force Feb. 7,
pany. 1851.
Section 1. Be it enacted by the people of the State of
Illinois, represented in the General */lsse9nhli/, That the 1^°"*^ extended
Rock Island and La Salle Railroad company be and they
are hereby authorized to continue their projected railroad
from its present termination, by the way of Ottawa and
Joliet, to the city of Chicago, under the same powers and
privileges, and subject to the same restrictions, that are
conferred on said company for the construction of their
railroad from the city of Rock Island to its present termi-
nation.
§ 2. The name of said company is hereby changed to Name changed.
the Chicago and Rock Island Railroad company: that the
capital stock may be increased to any sum of money they
may deem necessary to construct their entire road, not
exceeding three millions of dollars, and the number of their
directors to thirteen.
§ 3. Until the next election of directors for said com- "■^'^*"-
pany, the following persons, to wit, Elisha S. Wadsworth,
William Reddick, Nelson D. Elwood, George Barnett,
George Steele, Uri Osgood, Henry G. Loomis and John V.
A. Hoes, are hereby appointed additional directors, and
shall have equal rights with the present directors of said
company, and no sale or transfer of the rights under this
act, or the act to which this is an amendment, shall be
made, and no leasing or letting of the entire work upon the
road herein provided shall be made without tlie assent of a
majority of the directors herein specially named ; that the
board of directors hereby created shall constitute the di-
rectors of said company until an additional subscription of
three hundred thousand dollars shall have been made as
prescribed in the act to which this is an amendment. After
said additional subscription the stockholders shall meet, as
provided in said act, and elect a board of thirteen directors.
§ 4. If the said company shall fail to commence the Work to com-
construction of said railroad within one year from the pas- f!"^! '^'''"'^
sage of this act, and prosecute the same with vigor to com-
pletion, the directors herein specially named shall consti-
tute a board of commissioners, and shall receive subscrip- Roard of com-
tions and organize according to the provisions of the act to ""^''o^^"^-
which this is an amendment, and when so organized tlie
stockholders under said last named subscription shall con-
stitute the corporation authorized and provided for in this
act and the act to which this is an amendment, and shall
have all the powers and privileges, and be subject to all the
restrictions and conditions in the said act contained; and tiie
present officers of the corporation shall transfer to the new ^^l^l^^ °^ ^^^
board of directors all the books, papers, property and as- corporaiion.
sets which may be owned by said corporation, and the same
1851. 48
shall be vested in the new corporation ; and the present
stockholders shall constitute stockholders in the new cor-
poration, upon equal terms with the new corporators, and
the rights and interests of such as are then stockholders
shall be settled by the new board of directors, upon fair,
just and equitable terms.
Rights ami pri- § ^- ^he rights and powers and privileges hereby grant-
viieges of cor- ed to Said Corporation are made subject to the following
jTcT'trcondi- conditions, in order to protect the interest of the Illinois
tions. and Michigan canal :
Bonus tocanai. ^^^' ^^1^1 Corporation shall pay the board of trustees of
the Illinois and Michigan canal, upon all freights transpor-
ted upon said railroad, the same rates of toll that now are
or hereafter shall be fixed upon like articles of freight car-
ried through the canal. The moneys arising from said tolls
]iow applied by shall be applied by said board of trustees in the same man-
canal board, ner as the present revenues of the canal are required by
law to be applied. Said tolls to be paid by said railroad
company are subject to the following limitations and re-
strictions :
1. All live stock transported on said railroad are to be
Limitations and free from tolls of any kind.
restrictions. ^ -kt h ^ i • i i • i -i i
z. JNo tolls are to be paid by said railroad company on
any property transported by them, except during the sea-
son of canal navigation.
3. No tolls are to be paid by said railroad company du-
ring the suspension of navigation upon the canal, by casu-
alty or otherwise.
4. No freight received from or destined to a point upon
said road further than a line twenty miles west of the south-
ern termination of the canal, shall be subjected to any tolls.
§ 6. All freights carried on railroads which may hereaf-
Shouid otheif ter be built, running from Chicago, and which may terminate
roa M 5H' t- j^ ^l^e Illinois and Michigan caudl, or at any point on the
Illinois river, not exceeding twenty miles south from the
said termination of the Illinois and Michigan canal, shall be
subjected to the same rate of tolls as the freight carried on
this road, and whenever the legislature shall grant the right
to any other railroad to carry freight without such tolls then
these conditions in relation to tolls shall cease.
§ 7. As soon as tiie state shall provide for the payment
When bonus to of the entire interest of the canal indebtedness registered
canal shall under the act for the completion of the Illinois and Michi-
gan canal, then the tolls herein mentioned shall cease.
§ 8. The said board of trustees, for the consideration
Canal board to aforesaid, shall, free of cost, grant to said company the
grant right ot right of Way through all lands owned by tiiem, and held in
trust for the canal fund, in such manner as not to injure the
navigation of the canal, and the consent of this state is
49 1851.
hereby given to such application of so much of said land as
shall be necessary for the purposes aforesaid.
§ 9. If said board of trustees shall refuse to assent to ijjanai_ Jx)ar|i
the provisions herein made for the right of way, by the first way.
Monday in June after the passage of this act, the said com-
pany shall have the right to build said road, and all restric-
tions in relation to tolls are and shall be removed.
§ 10. It shall be the duty of said railroad company toCompary to
keep correct freight books, showing specifically and par- JooL!"'^**'
ticularly the nature, kind and quantity of each and every
description of freights carried and transported upon said
road, and the place from and to which the same may be re- '
ceived and carried, and at the expiration of each month re-
port to the said board of trustees a true and accurate ac-
count of all the various kinds of such freight carried, its
place of receipt and destination, and to pay over the amount To_^^P^'^^yjTej to
that may become due on account of the tolls herein provi-
ded for. Tlie truth of said accounts shall be verified by
the affidavit of the secretary, treasurer or other proper of-
ficer of the company.
§ 11. The said board of trustees, or their agent spe- Canai^^ trustees
cially authorized, shall have full power and authority to p^^yer to ex-
examine all the books, accounts and vouchers of said cor- ami°o "cCts
,. . 1 , r- i I c of company.
poration in relation to freights, for the purpose ot ascer-
taining the truth of said accounts. And if said accounts
so rendered shall be found false, the said corporation shall
forfeit and pay to said board of trustees three times the
amount withheld and not accounted for, and full power is
hereby invested in any of the judges of the circuit courts
of this state, in term time or vacation, upon application of
said board of trustees or their agent, to appoint a proper
person to make the examination aforesaid ; and the person
so appointed shall have the same powers to carry out the
objects of his appointment as masters in chancery have in
chancery cases ; and upon the report of the person so ap-
pointed the said judge shall have power to make such order
in the premises as he shall deem proper to carry out the
provisions of this section ; and power is hereby reserved to
the legislature to make such rules as they may deem neces-
sary to enforce the provisions of this section.
§ 12. The amount of all tolls so collected of said rail- Toils subject to
road company shall be subject to a deduction of an amount ® 'ictiou.
equal to the taxation provided for in the fourteenth section
of this act, thereby making the amount paid by said rail-
road company to the canal fund equal to the whole amount
of tolls collected of said company.
§ 13. The said company shall not be authorized to lo- Track not to be
cate its track within the city of Chicago without the con- o'jjfol'^VHmit"
sent of the common council ; nor shall it be permitted to without con-
do what is understood to be a warehouse or storage or com- ^^"^ ° '^°"°'" "
1851. 50
Oomp'y not ai-mission business, in the cit}' of Chicago, or charge or col-
wr/ehouse <^^^^*^^ Storage or commission on any property freighted on
business. said road by such company, and in case of property arriv-
ing on any of its trains or otherwise shall not be called for
and removed from said cars or depot within thirty-six hours
after its arrival and notice to the owner or consignee, it
shall be lawful for said company to deliver the same to some
responsible warehouse keeper, and collect from the same
the freight and charges due ; which amount shall become a
lien, with customary warehouse charges, upon said pro-
perty.
§ 14. The property and stock of said railroad company
^^^^l *h^ ^'i ^^^^^^ ^^ listed by the president, secretary or other proper
to canal fund, officer, with the auditor of state, and shall be subject to the
same rate of taxation as the property of individuals, and
the revenue arising therefrom shall be paid out of the tolls
hereinbefore provided for, into the canal fund, on or before
the first Monday of December in each and every year, and
shall be applied to the discharge of the canal debt, as here-
inbefore provided in relation to tolls, and a lien upon said
road and the appurtenances, for all taxes and dues to the
state or canal fund, is hereby reserved, and shall have pre-
cedence of all taxes, dues, demands, judgments and decrees
Company proH- against said corporation. The said railroad company are
necting with li^reby prohibited from building a branch or branches from
""■^ ,^^'^^'^°'^ their road to any point east of it, for the purpose of con-
branch.^ necting with railroads that now are or may be built in the
state of Indiana, between the termination of the Illinois
and Michigan canal, at the Illinois river, and the city of
Chicago.
§ 15. This act shall take effect and be in force from
and after its iDassage.
Approved Feb. 7, 1851.
In force Feb. 8 ^^ -^^^ to vacate a part of the town plat of Carlyle.
1851.
Section 1. JBe if enacted bi/ the people of the State of
Illinois, represented in the General Jissembly, That all
that addition to the town of Carlyle, in the county of Clin-
ton, known as the upper town of Carlyle, situate on the
south-east quarter of section thirteen, township two north,
range three west, and all that part of the said town of Car-
lyle, known as Breese's addition, which lies north of Jeffer-
son street and west of Sixth street, as designated on the
plat of said town, being on the south-west part of section
eighteen, township two north, range two west, be and the
51 1851,
same is hereby vacated. And the streets, alleys, public
squares of said addition, shall revert to the proprietors of
the lots and lands contained within the limits of said addi-
tion ; and they shall have the right to enclose the same, and
to use it in the same manner as if said streets or lots had
never been laid off: Provided^ that this act shall in nowise
aifect or invalidate the private rights of any one owning
lots or lands in the said addition ; but that all such owners
of lots or linds in the said additions shall have the same
riglits and privileges as if this act had not been passed.
Approvkd Feb. 8, 1851.
AN ACT to provide for leasing the land granted as a common to the inhabitants of In force Feb. 8,
the town of Prairie Bu Roeher, in Randolph county, or so much of said land as it 1851.
may be to the interest of the inhabitants of said town to lease, for school purposes.
Whereas the inhabitants of Prairie Du Roeher, in the coun- Preamble.
ty of Randolph, are, in common, entitled to the use and
benefit of certain lands, commonly known as the Prairie
Du Roeher commons, by virtue of an ancient grant, re-
cognized and confirmed by the government of the United
States ; and whereas the right to lease said lands, or any
part of them, is granted, by the constitution of this state,
to a majority of the qualified voters interested therein,
and they having petitioned therefor; therefore.
Section 1. Be it enacted by the people of the State of
Illinois, represented in the General ,,dsse7nbli/, That the An-
dre Barbean, Leon Vion,'Antonie Albert, Joseph Blais, and ^°°°''P°'^*^°"-
Ambraise Kerr, citizens of the town of Prairie Du Roeh-
er, in the county of Randolph, are hereby constituted a
body corporate and politic, by the name and style of "The
President and Trustees of the Commons of Prairie Du
Roeher," and by that name they and tlieir successors shall
have perpetual succession and existence, with power to
contract and be contracted with, to sue and be sued, to
plead and be impleaded, in all actions at law and in equity,
in any court of competent jurisdiction ; to make and use
a common seal, and to alter the same at pleasure ; to adopt
ordinances and by-laws not inconsistent with the constitu-
tion and laws of this state, nor of the United States ; and
to do and perform all other acts necessary for the proper
exercise of the powers herein conferred and the regulation
of the privileges hereby granted.
§ 2. The said president and trustees shall continue in^®''®'^^'
office until the first Monday in April, A. D. 1853, and until
tlieir successors are elected and qualified ; and on the first
Monday in April, A. D. one thousand eight hundred and
1851. 52
fifty-three, and eA^ery two years forever thereafter, or until
the time is changed by law, an election shall be held for
five trustees of the commons of Prairie Du Rocher, who
shall hold their office for two years, and until their succes-
sors are elected and qualified. And the said trustees shall
organize, by electing one of their number president of the
board, and shall appoint or elect a treasurer, as they may
determine ; and shall, in addition to his duties as treasurer,
also perform the duties of clerk of said board. And at any
meeting of said board, for the transaction of business, not
less than three shall be a quorum.
§ 3. The president and trustees here appointed are au-
Commons to be tj^Qj-ized and empowered by this act to have the commons
surveyed and a,. --,.._-.„i, .' ,,, ^ -, ,
plat made, ot Prairie Du Rocher, or any part thereoi, surveyed and
divided into such lots as, in their opinion, will seem best
and most advantageous ; and shall cause a plat or plats of
the same to be made, showing the number of acres in each
lot, and the location thereof — each lot to be also properly
numbered ; which plat or plats, when so made, shall be re-
corded in the recorder's office of Randolph county — a copy
of which record, duly certified by the recorder of said
county, shall be sufficient and competent evidence of the
location of the lots described in said survey or surveys :
Provided, that the said president and trustees may and are
, hereby authorized to set apart, for the sole use and benefit
of Andre Barbean, and Barbean, his wife, during
their natural lives, six acres of land, most contiguous to and
including the residence of said Andre Barbean on the com-
mons aforesaid.
§ 4. The said president and trustees shall then proceed
Commons to be to lease, at public outcry, at a suitable place, in the town
leased. ^^. pj.^jj.-g j)^ Rocher, any or all of the lots so surveyed,
for any number of years, not exceeding ninety-nine, as, in
their opinion, will best promote the interests of the inhabi-
tants of said town, after first giving notice, for six consecu-
tive weeks, in a newspaper printed in the county of Ran-
dolph, and such other papers as they may deem proper, and
by putting up four written or printed notices, in four of the
most public places in said town, of the place where and the
time when said lots will publicly be offered for lease.
§ 5. Each lot shall be oflTered separately, stating the
Lease of lots number of years for which it is proposed to be leased, and
how sold. the number of acres it contains, and the same shall be
struck off to the best and most responsible bidder bidding
the highest amount per acre therefor, payable annually,
each and every year the same is leased for, at such time as
may be designated and appointed by the said president and
trustees — an entry of which shall be made by the clerk ot
the board in a suitable and substantially bound book, to be
provided for that purpose, which shall be subject to the in-
53 1851.
spection of any person interested. And the said president
and trustees of the commons of Prairie Du Roclier shall, ^^'^'^
by their said president, under his hand and seal, make and
execute to each lessee a deed of lease for the number of
years each lot or lots were bid off by such lessee, which
deed of lease shall vest in the purchaser, his or her heirs
and assigns, the full and complete possession and use of
such lot or lots, for the term of years that they were so
leased, conditioned for the annual payment, at such time in
each year as may be designated by the said president and
trustees, of the amount bid per acre by the lessee, to the
said president and trustees and their successors in office,
or to such other person or persons as may be by them au-
thorized to receive the same, for the use and benefit of the
inhabitants of Prairie Du Rocher, to be applied to school
purposes.
§ 6. The proceeds of the lands and lots of the said P''''('*^^*^^^°^ ^
commons of Prairie Du Rocher, so leased, as provided by pUed.
this act, shall, after defraying the expenses attending the
leasing of said lands and lots, be used and applied to the ed-
ucation of the children of the inhabitants of Prairie Du
Rocher, and such residents as are by immemorial custom
commoners upon said commons, and the children of the les-
sees of said lands and lots so leased ; to effect which ob-
ject and carry out the intention of this act, the said presi-
dent and trustees, or their successors in office, shall rent
or procure, or cause to be erected, or purchase, as in their
opinion may be necessary, one or two suitable buildings, for
a school or schools ; and they are hereby authorized to
purchase and hold, in their corporate capacity, one or two
lots of ground in the town of Prairie Du Rocher, for that
purpose using therefor tlie proceeds arising from the leasing
of said lands and lots ; and they may further use said pro-
ceeds for the purchasing of suitable school books and sta-
tionery and a library or libraries for such school or schools,
and shall employ a teacher or teachers, qualified, as required
by the common school law of this state, for the instruction
of the pupils in said school or schools, in which reading,
writing, arithmetic, grammar, geography and other branch-
es of education, may be taught ; which teacher or teachers
may be by them paid according to such contracts and regu-
lations as they may make and adopt, out of the proceeds aris-
ing from the leasing of said lands and lots. And the said
president and trustees are hereby authorized and empow-
ered to establish not more than two elementary schools in
the town of Prairie Du Rocher, to carry out the provisions
and requirements of this act.
§ 7. The said president and trustees may meet at such^eetinga of
times as they may fix by ordinance, and at such times as
they may deem necessary ; and shall provide a good and
substantially bound book, in which shall be entered the pro-
1851. 54
ceedings of such meetings and all ordinances and by-laws
which may be by them adopted, by the clerk of said iDoard ;
and they shall provide another like book, for the keeping of
the treasurer's accounts, in which shall be entered a just,
full and a fair account of all receipts and expenditures of
money by them received and made by virtue of this act;
and they shall, at their last meeting in every year, render
an account to the inhabitants of said town of Prairie Du
Rocher, of all moneys by them received and expended un-
der this act, stating the amount paid for tuition, books and
stationery and library books, and the amount paid, if any,
for buildings, lots and repairs of buildings, and necessary
furniture for school rooms ; said account to be certified by
the treasurer, in his capacity as clerk of the board, who
may be allowed a reasonable compensation for his services,
out of the funds created by this act, and the books to be
kept as provided for in this section shall be open to the in-
spection of any person interested.
§ 8. If any vacancy shall occur in the said board of
Vacancies in trustees, by death or otherwise, the surviving or remaining
board of trus- trustecs shall have power and are hereby authorized to fill
^^^' such vacancy by appointment, the appointee to have the
qualifications necessary to be eligible to such office as in
this act prescribed ; to hold his office until the next regu-
lar election, and until his successor is elected and qualified ;
such appointment to be made at a regular meeting of the
board.
§ 9. The said president and trustees, and their succes-
Trustees to re- sors in office, shall have power to receive annually, from
eeive lease ^} g Jessees of said lands and lots, the moneys due annually
money, annu- n i i /> i i i n i n •
ally. upon all deeds of lease by them made, and shall transmit
the same to their successors in office, should there be any
in their hands ; and nothing in this abt contained shall pre-
vent the said president and trustees from leasing, at any
time, any of the said lands and lots, after having first off-
ered the same for lease at public outcry.
§ 10. The said president and trustees of the commons
Treasurer, to of Prairie Du Rocher shall require their treasurer to give
give bond. bond, in such sum as they may deem proper, payable to
them and their successors in office, for the use of the in-
habitants of Prairie Du Rocher, with two or more good
and sufficient securities, and conditioned for the faithful dis-
charge of his duties under tliis act and such ordinances and
by-laws as may be by them adopted, and the payment to
his successor in office of all moneys that may be in his
hands, as treasurer of said board.
§ 11. The said president and trustees may appoint one
Superintendent 0^ their number, or any other inhabitant of Prairie Du
of schools. Rocher, as superintendent of said school or schools, who
shall discharge such duties as they may require of him by
55 1851.
ordinance or by-laws, touching such lands and lots so leas-
ed, or tlie school fund arising therefrom, and who shall,
from time to time, report to them the number of children
taught in said school or schools, and also may be allowed a
reasonable compensation for his services, out of the funds
created by this act.
§ 12. No person shall be entitled to vote for trustees or Elections, of
be eligible to election, unless he shall be a free white male trustees.
citizen of this state, of the age of twenty-one years or up-
wards, and shall have resided sixty days, next preceding
such election, within the limits of Prairie Du Rociier or the
commons belonging to the inhabitants thereof; and the
president and trustees appointed by this act, and their suc-
cessors in office, shall cause six written or printed notices
to be posted up, in six of the most public places in said
town of Prairie Du Rocher, at least four weeks preceding «
every election, announcing the time and place when and
where the elections provided for by the second section of
this act will be held ; at which election two of the trus-
tees shall preside as judges ; and said elections shall be
held, as near as can be, in conformity to the election law
approved February 12th, one thousand eight hundred and
forty-nine, so far as it relates to the manner of voting and
depositing ballots and counting and canvassing the votes ;
provided that said trustees, so presiding as judges, may
open tiie polls at ten o'clock A. M., and close them at six
o'clock P. M. ; and a certificate of the said judges, sta-
ting who were elected as such trustees, at any election so
held, shall be prima facie evidence of their election in the
courts of this state.
§ 13. The said president and trustees are authorized Truatcos ma/
to institute suits against any person or persons for tres- foftres'*^as^"'''
passing upon said commons, in any court of competent ju-
risdiction to try the same, and also to institute suits for use
and occupation of said commons, against any person or
persons now in possession of any part thereof, or who may
hereafter take possession of any part thereof, without leas-
ing the same ; and in all such trials it shall be competent
to prove the limits, boundaries and extent of said commons
by parole testimony ; and any inhabitant of said town of
Prairie Du Rocher, not otherwise incompetent, shall be .
qualified as a witness or juror under this act.
§ 14. If, at any time, the said president and trustees Trustees may
have any money on hand, in keeping of their treasurer, not ^°^^ surpiua
required by them for the purposes of education or the de-
frayment of such expenses as they are authorized to incur
and defray by the provisions of this act, they may, by ordi-
dinance, authorize the same to be loaned out, upon good and
sufficient security, for any number of years, not exceeding
five, at the highest rate of interest which may be allowed
1851.
56
by the laws of this state — the interest to be by them ap-
plied to the purposes of education, and, together with the
principal, be accounted for by them, yearly, as provided in
the seventh section of this act, and transmitted to their
successors in office, as provided in the ninth section of this
act.
Board, when to § 15. The Said president and trustees shall meet and
be organized. Qj-g^xiize their board, within thirty days after the expiration
of sixty days immediately following the adjournment of
this general assembly ; and this act shall be taken, consid-
ered and construed as a public act, in all courts whatever.
Approved February 8, 1851.
In force Feb. S,
1851.
AN ACT to vacate the town of Mount Carroll, in the county of Carroll.
Section 1. Be. it enacted by the people of the State of
Illinois^ represeyitedin the General ^disemhly, That the en-
tire town plat of the town of Mount Carroll, in the county
of Carroll, as laid off and recorded in the recorder's office
in said county, by the county commissioners of said county,
be and the same is hereby declared vacated.
§ 2. This act to be in force from and after its passage.
Approved February 8, 1851.
In force Feb. 8,
1851.
Corporation.
Powers.
Proviso.
AN ACT to incorporate Carrollton Lodge, No. 50 .
Section 1. Be it enacted by the people of the State of
Illinois, represented in the General Assembly, That all
such persons as are or may hereafter become and shall so
remain members of Carrollton Lodge, No. 50, of Free and
Accepted Masons, at Carrollton, Greene county, Illinois,
from and after the passage of this act, shall be and they are
hereby constituted a body corporate and politic, by the name
and style of " Carrollton Lodge, No. Fifty, of Free and Ac-
cepted Masons," and by that name they and their succes-
sors shall have succession, and shall in law be capable of
suing and being sued, pleading and being impleaded, an-
swering and being answered unto, in all courts of law and
equity whatsoever, and by name and style be capable of
purchasing and receiving, by gift or otherwise, holding and
conveying real estate for the benefit of said lodge : Pro-
vided, that said corporation shall not at any one time hold
property to an amount exceeding ten thousand dollars.
57 1851.
§ 2. For the purpose of carrying into effect the ob- Trustees,
jects of this act, the three highest officers of said lodge
shall always be and are hereby appointed trustees, to hold
their offices as such in said lodge as appointed by said lodge,
and qualified from time to time.
§ 3. Tiie said corporation shall have power to make ^•'J'^^^'^'o'' real
such by-laws and regulatior.s as maj^ be deemed necessary
for the government of their concerns, and for the purchase
and transfer of real estate. Evidence of or-
§ 4. A certificate, under the seal of said corporation, ganization.
that the said lodge has been duly organized, recorded in the
office of the clerk of the circuit court, shall be evidence of
the existence and organization of said lodge.
Approved Feb. 8, 1851.
AN ACT to establish a ferry therein named. In foreeJunc 1
1851.
Section 1. Be it enacted by the people of the State of
Illinois, represented in the General Assembly, That Hiram
J. Graham, his heirs and assigns, be and he is hereby au- Power to estab-
thorized to establish and keep in operation a ferry across ^° '^"^'
the Illinois river, from the town of Liverpool, in the county
of Fulton, to the opposite shore in Mason count}, to start
from and land on either side of said river, upon the ground
used or declared as public highways or public landing, on
land owned by the sr.id Graham, his heirs or assigns.
§ 2. It shall be the duty of the said Hiram J. Graham, j^^^^
his heirs or assigns, to have and at all times keep on hand
and ready for use good and sufficient boat or boats, fur-
nished with persons of suitable strength and skill to ensure
a safe and speedy passage at said ferry, for all persons, their
goods, wares, merchandise, stock and other property ; and
it shall be lawful for the owner or owners of said ferry to'^°'^^-
demand and receive the same rates of ferriage as are now
allowed at the ferry established at Havanna, on the Illinois
river, and double those rates whenever, by reason of high
water, he or they are required to ferry a distance of over
half a mile ; and at no time shall he or they be compelled
to ferry a distance of over one mile at those double rates.
§ 3. The ferry hereby established shall be subject to Supervision.
and under the supervision of the county court of Fulton
county, and regulated by the laws regulating ferries, toll-
bridges and turnpike roads, so far as the same are consis-
tent with this act, and also subject to taxation in any sum Taxation.
not exceeding twelve dollars per annum : one half of said
tax so laid shall be paid into the treasury of Mason county,
on or before the first day of January in each and every
1851.
58
year after the first day of January, A. D. one thousand
eight hundred and fifty-two, and the treasurer's receipt
therefor shall be a sufficient voucher — and the other half of
said tax shall, in like manner, be paid into the treasury of
Fulton county ; and no other ferry shall be established
within five miles of the point aforesaid, during the existence
of this charter, which shall become forfeited at any time
when the conditions and requirements herein, on the part
of the said Graham, his heirs or assigns, shall not be com-
plied with, the same to be determined by the said Fulton
county court, by a jury of twelve.
4. All acts and parts of acts coming within the pur-
' of acts repeal- yi^.^ or inconsistent with this act, are and the same are
'^ ■ hereby repealed.
This act to be in force from £nd after the first day of
June next, for the term of fifteen years.
Approved Feb. 8, 1851.
Forfeiture.
Acts and parts
Duration.
Ferry author-
ized.
Mode of fur-
nishing and
managinfr.
In force Feb. 8, AN ACT to establish a ferry across the Ohio river, at the town of Brooklyn in the
-]^g5]^_ county of Massac, Illinois.
Section 1. Be it enacted hy the people of the State of
Ulmois, represented in the General >/lssembly, That Thomas
G. C. Davis and Charles Pell be and they are hereby au-
thorized to establish and keep a ferry, for fifty years, across
the Ohio river, from the town of Brooklyn, in the county
of Massac, and state of Illinois, to the Kentucky shore.
§ 2. Said Davis and Pell shall cause said ferry to be
furnished with a good, tight boat, sufficient for the safe
transportation of all passengers, their teams, horses, cattle
and other animals, as well as the goods and effects of said
passengers, and said boat shall be furnished with men of
suitable strength to manage the same, or with horses, at the
option of the said Davis and Pell.
§ 3. The said Davis and Pell shall be allowed to
land their boat at any point on said Ohio river between lot
numbered one, in said town of Brooklyn, in said county of
Massac, and lot numbered thirty, in said town ; and no
other person or persons shall be allowed to establish any
ferry within two miles above and below said above men-
tioned lots numbered one and thirty, so long as the said
Davis and Pell shall conform to and comply with the terms
and provisions contained in the second section of this act.
§ 4. Said Davis and Pell, or ther assigns or grantees,
shall receive such rates of toll or ferriage as the proprie-
tors of the ferry at Metropolis city, Massac county, Illinois,
now receive for transporting passengers, horses, cattle,
Landing.
Tolls.
59 1851.
sheep, hogs or other animals across the said Ohio river,
at the said Metropolis city, and also the same rttes as the
said proprietors of the said Metropolis city ferry may take
and receive for the transportation of all waggons, carriages
and vehicles whatsoever : and when the said river shall be
out of its bank on either shore, said Davis and Pell, or their
grantees or assigns, shall be allowed to take and receive
double the amount of the rates as aforesaid for transportation
as aforesaid. . .
Approved Feb, 8, 1851. ' - .
AN ACT to establish a ferry across the Illinois river at Peru, in La Salle county. In force Feb. 10,
1851.
Section 1- Be it enacted by the people of the State of
Illinois, represented in the General ,/issembly, That Zimri^^^^^ author-
Lewis be and he is hereby authorized to have and keep a
ferry across the Illinois river, at any point between the
head of the island opposite Peru and the junction of the
Illinois river and the Illinois and Michigan canal, with
landings upon section sixteen and section twenty-one, in Location,
township thirty-three north, of range one east of the third
principal meridian, during the space of twenty years from
the passage of this act.
§ 2. The said Zimri Lewis shall be entitled to all the
privileges and immunities, and subject to all the restric- ^^^'.^s?* ^^n^i
tions, contained in chapter forty-two of the Revised Stat-
utes of this state, relative to ferries and toll-bridges ; and
all assessment of license charged to said ferry shall be ex-
pended and worked out by said Lewis upon the landings
and roads leading to and from said ferry.
§ 3. Said Lewis shall be authorized to charge the rates Toils,
of tolls charged upon other ferries in La Salle county.
§ 4. The corporation of the town of Peru is hereby ^"^^^^.^^^^j*^"""
authorized to regulate the rates to be charged on said ferry, Peru,
but not to reduce the rates below other ferries that are now
or may hereafter be established in said town.
This act to be in force from and after its passage.
Approved Feb. 10, 1851.
19
1851,
lu force Feb. 10, AN ACT to amend an act entitled "An act to incorporate the Peoria and Oqnaw-
1851. ka Railroad Company," approved Feb. 12,1849.
Direct' on of
road.
Psoviso.
Section 1. Be it enacted by the people of the State of
Illinois, represented in the General »/lssembli/, Tlmt the
company incorporated under the said act to which this is
an amendment, shall be required to construct said road
through the towns of Farmington, Fulton county, Knox-
ville, in Kn x county, and Monmouth, in Warren county,
and they shall establish depots in each of said towns and
places : Provided, however, that nothing in this act shall
be construed as to prevent said company from having sta-
tions at other points or places for the reception or dis-
charge of goods, produce, stock, or other commodities.
§ 2. Said company are hereby authorized to acquire and
Right of way. \^q[^ §0 much of the grade and right of way of the Peoria
and Warsaw railroad as they may deem necessary, and
may employ and use the same in the construction of their
said road, and if said grade ai d right of way should belong
to the state of Illinois the said company may purchase the
same from the governor of this state upon such terms as
they shall agree upon ; and such contract, if made, shall be
binding upon both parties.
§ 3. The said company is authorized to organize and
proceed in the construction of said road under the restric-
tions, conditions and limitations contained in said act to
which this is an amendment, whenever the sum of one hun-
dred thousand dollars is bona fide subscribed, and five per
cent, thereof actually paid in.
§ 4. The said company is hereby authorized to build a
branch of said road, in the same manner as the main track
is to be erected hereby, to commence at or west of Mon-
mouth; from thence to the Mississippi river at or about
Shokokon, in Henderson county.
§ 5. The commissioners named in the act to which this
is an amendment, together with Asa D. Reed, of Fulton
county, Wm. J. Phelps, Rudolphus Rouse, Peter Sweat and
Joshua P. Hotchkiss, of Peoria county, who are hereby made
commissioners, shall exercise the same powers and duties
under this act as are enjoined upon them in said former act.
§ 6. The said road contemplated herein to be completed
within ten years from the passage of this act.
§ 7. This act to take effect from and after its passage.
Approved Feb. 10, 1851.
Organization.
Branch.
eommissioners.
Time of comple-
tion.
61 1851.
AN ACT to incorporate the Illinois Central Railroad company. In force Feb. 10,
1851.
Whereas, in the judgment of tliis general assembly, the
object of incorporating the Central Railroad company
cannot be attained under general laws ; therefore.
Section 1. Be it enacted by the people of the State o/* Corporation.
tltinoi!^^ represented in the. General ^sscmhhj, That Robert
Schuyler, George Griswold, Gouverneur Morris, Franklin
Haven, David A. Neal, Robert Rantoul, junior, Jonatlian
Sturgis, George W. Ludlow, John F. A. Sanford, Henry
Grinnell, William H. Aspinwall, Leroy Wiley, and Joseph
W. Alsop, and all such persons as shall hereafter become
stockholders in the company hereby incorporated, sliall be
a body politic and corporate, by the name and style of the
" Illinois Central Railroad company," and under that name
and style shall be capable of suing and being sued, im-
pleading and being impleaded, defending and being defended
against, in law and equity, in all courts and places whatso-
ever, 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, and of acquiring, by
purchase or otherwise, and of holding and conveying, real
and personal estate which may be needful to carry into
effect fully the purposes and objects of this act.
§ 2. The said corporation is hereby authorized and em-
powered to survey, locate, construct, complete, alter, main- construction of
tain and operate a railroad, with one or more tracks, or ^°^^-
lines of rails, from the southern terminus of the Illinois and
Michigan canal, to a point at the city of Cairo, with a
branch of the same to the city of Chicago, on Lake Michi-
gan ; and also a branch, via the city of Galena, to a point
on the Mississippi river, opposite the town of Dubuque, in
the state of Iowa.
§ 3. The said corporation shall have right of way upon. Right of way.
and may appropriate to its sole use and control, for the
purposes contemplated herein, land, not exceeding two
hundred feet in width through its entire length ; may enter
upon and take possession of, and use all and singular any
lands, streams and materials of every kind, for the location
of depots and stopping stages, for the purpose of construct-
ing bridges, dams, embankments, excavations, station
grounds, spoil banks, turn-outs, engine houses, shops and
other buildings necessary for the construction, completing,
altering, maintaining, preserving and complete operation of
said road. All such lands, waters, materials and privileges
belonging to the state, are hereby granted to gaid corpora-
tion for said purposes ; but when owned or belonging to
1851. 62
any person, company or corporation, and cannot be obtained
by voluntary grant or release, the same may be taken and
paid for, if any damages are awarded, in the manner provided
in "An act to provide for a general system of railroad incor-
porations," approved November fifth, one thousand eight
hundred and forty-nine ; and the final decision or award shall
vestin the corporation hereby created all the rights, franchi-
ses and immunities in said act contemplated and provided :
Provided, that the appeal allowed by the provisions of the
aforesaid act, approved the 5th of November, one thou-
sand eight hundred and forty-nine, shall not effect the
possession, by such company, of the land appraised, and
wiien the appeal is made by others than the company, the
same shall not be allowed, except on a stipulation of the
party appealing that the said company may enter upon and
use the lands described in the petition, for the uses and
purposes in said petition set forth, upon said company giv-
ing bond and security, to be approved by the clerk of said
court, that they will pay all costs and damages that may be
awarded against said company, on the hearing of said ap-
peal : Provided^ tliat nothing in this section contained shall
be so construed as to authorize tlie said corporation to in-
terrupt the navigation of said streams.
§ 4. The capital stock of said corporation shall be one
million of dollars, which may be increased, from time to
time, to any sum not exceeding the entire amount expended
on account of said road, divided into shares of one hundred
dollars each, which shall be deemed personal property,
and may be issued and transferred 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 sums subscribed by stockholders, in such manner and on
such terms as they may deem proper ; and on 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 public auction, under such rules as said
board of directors may adopt — the surplus money, if any
remains, after deducting the payments due, with the interest
and the necessary costs of sale, to be paid to such delin-
quent stockholders. The board of directors hereby ap-
pointed shall cause books to be opened for subscriptions to
said stock, in such manner and at such time and places as
they shall direct.
Bxerciso of cor- § 5. All the corporate powers of said company shall be
porate powers, vested in and be exercised by a board of directors, and
such officers and agents as they shall appoint. The board
of directors shall consist of not less than twelve stockhold-
ers— three of whom shall be chosen every year by the
stockholders — each share having one vote, to be given in
63 1851.
person or by proxy — and the governor of the state of Illi-
nois, who shall be a director ex officio, perpetually, voting
in person or by proxy ; each director successively elected
to continue in office until his successor is elected and qual-
ified. Vacancies in the board may be filled by a vote of
two thirds of the directors remaining; such appointees to
continue in office until the next regular election of direc-
tors ; but no person shall be so elected who shall not have
been openly nominated at a meeting of the directors, at
least one week before the time appointed for such election.
Other officers, agents and servants, whether members of
the board or otherwise, may be appointed, employed, paid
and dismissed, under such rules and regulations as the
board of directors may, from time to time, adopt.
§ 6. The following named persons shall constitute the ^jj-^t Wd of
first board of directors, to wit: Robert Schuyler, George
Griswold, Gouverneur Morris, Franklin Haven, David A.
Neal, Robert Rantoul, jr., Jonathan Sturgis, George W.
Ludlow, John F. A. Sandford, Henry Grinnell, Joseph W.
Alsop, Leroy Wiley, with the governor of the state of Illi-
nois, for the time being, whose powers shall commence,
and be in full force from and after the day this act shall be
accepted in the manner herein provided.
§ 7. The president and directors, for the time being. Power of rresi-
are hereby authorized and empowered, by themselves, their \ll[^^^~^,
officers or agents, to execute all the powers herein granted,
for the purpose of surveying, locating, constructing, com-
pleting, altering, maintaining, and operating said road and
branches ; and for the transportation upon the same of per-
sons, goods, wares, and merchandise, with all such powers
and authority for the control and management of the affairs
of said company, as may be necessary and proper to carry
into full and complete effect the meaning and intent of this act.
§ 8. The said company shall have power to make, or-
dain and establish all sucii by-laws, rules and regulations as By-laws.
may be deemed expedient and necessary to fulfil the pur-
poses and carry into effect the provisions of this act, and •
for the well ordering, regulating and securing the affairs,
business and interests of the company : Provided, that the Proviso.
same be not repugnant to the constitution and laws of the
United States or of this state, or repugnant to this act.
The board of directors shall have power to establish sucli
rates of toll for the conveyance of persons and property
upon the same as they shall, from time to time, by their by-
laws, direct and determine, and to levy and collect the
same for the use of the said company. The transportation
of persons and property, the width of track, the construc-
tion of wheels, the form and size of cars, the weight of
loads, and all other matters and things respecting the useTfils.
of said road, and the conveyance of passengers and proper-
ty, shall be in conformity to such rules and regulations as
1851. 64
said board of directors shall from time to time determine.
Nothing in this act contained shall authorize said corpora-
tion to make a location of their track witliin any city, with-
out the consent of the common council of said city.
Penalty. § 9. If any person shall carelessly, wilfully, maliciously,
or wantonly delay, hinder, or obstruct the passage of any
carriage on said road or branches, or shall place, or cause
to be placed, any material thereon, or in any way trespass
upon, spoil, injure, or destroy said road or branches, or
any part thereof, or any thing belonging or }>ertaining there-
to, or employed or used in connection with its location, sur-
vey, construction, or management, all persons committing
or aiding and abetting in the commission of such trespass
or offence shall forfeit and pay to the said company treble
such damages as shall be proved before any court of com-
petent jurisdiction; and further, such offenders shall be li-
able to indictment in the county within whose jurisdiction
the offence may be committed, and to pay a fine of not less
than thirty nor more than one hundred dollars, to the use
of the people of the state of Illinois, or may be imprisoned
in the penitentiary for a term not exceeding five years, in
the discretion of the court before whom the same shall be
tried.
i'.m-er to cro?s § 10. Said Corporation may construct their said road
jueams,^bish-^^^ branches over or across any stream of water, water
course, road, highway, railroad or canal, which the route
of its road shall intersect, but the corporation shall restore
the stream or water course, road or highway, thus inter-
sected, to its former state, or in a sufficient manner not to
have impaired its usefulness. Whenever the track of said
railroad shall cross a road or highway, such road or high-
way may be carried under or over said track, as may be
found most expedient; and in case where an embankment
or cutting shall make a change in the line of such road or
highway desirable, with a view to a more easy ascent or
descent, the said company may take such additional lands
for the construction of such roads or highway as may be
deemed requisite by said corporation, unless the lands so
taken shall be purchased, or voluntarily given for the pur-
poses aforesaid. Compensation therefor shall be ascertain-
ed in the manner in this act provided, as nearly as may be,
and duly made by said corporation to the owners and per-
sons interested in such lands. The same when 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 the same highway may be held for high-
way purposes.
o.nneotionwith § 11. And when the route of the said road, or either of
other roads, j^g branches, as provided in this act, shall intersect, cross,
or connect with, or run along or upon the line of any oth-
65 1851.
er railroad now constructing, or now in process of con-
struction, by any other company, the company to be form-
ed under this act shall join with such other company in
making all necessary turn-outs, sidelings and switches, and
other conveniences necessary to further the objects of such
connection ; and when the route of any otiier company
shall be occupied as aforesaid, just compensation shall be
made to such other company for all expenditures made by
them in the location of such road ; and all railroads so
constructed, or now in process of construction, intersected
as aforesaid, and connections made with the roads author-
ised to be built by this act, shall be made, and facilities in
the transhipment of freight and passengers, and interchange
of cars afforded by each, over the respective roads, upon
fair and equitable terms — and in case the said companies
cannot agree upon the amount of compensation to be made
therefor, or the points and manner of such crossings and
connections, the transhipment of freigiit and passengers,
and interchange of cars, the same shall be ascertained and
determmed by three commissioners, one to be chosen by
each of said companies, and the two so chosen to choose a
third, and in case they caimot agree upon the choice of the
third person, he shall be appointed by the judge of the dis-
trict court of tiie United States for the district of Illinois ;
and the decision of the three, when so chosen, shall be final :
Provided, that this corporation shall not take and run on Proviso,
the road or line of any such company which is now being
constructed witiiout the consent and agreement of the
company whose road or line is proposed so to be used.
§ 12. Every conductor, baggage master, engineer, C°°'!"<''*'^ °^
brakeman, 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 letters or style of the corporation. No
conductor or collector without such badge shall demand or
be entitled to receive from any passenger any fare, toll or
ticket, or exercise any of the powers of his office, and no
other of said officers or servants, without such badge, siiall
have any authority to meddle or interfere with any passen-
ger, 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 Mode of t'om-
any of them, shall be so placed, and any accident shall hap- °°
pen to life or limb, the officer or agent who so directed or
knowingly suffered such arrangement, and the conductor
or engineer of the train, shall each and all be held guilty
of a misdemeanor, and be punished accordingly.
§ 13. A bell of at least thirty pounds weight, or a steam Precaution
whistle, shall be placed on each locomotive engine, and dent^at 'cross-
shall be rung or whistled at the distance of at least eighty ings.
1851. 66
rods from the place where the said road shall cross any road
or street, and be kept ringing or whistling at intervals, un-
til it shall have crossed said road or street, under a penalty
of fifty dollars for every neglect, to be paid by said corpo-
ration, one half thereof to go to the informer, and the other
half to the state, and to be liable for all damages which
shall be sustained by any person by reason of Such neglect.
Said corporation shall cause boards to be placed, well sup-
ported by posts or otherwise, and constantly maintained
across each public road or street where the same is crossed
by the railroad, on such elevation as not to obstruct the
travel, and to be easily seen by travellers, and on each side
of said board shall be painted in capital letters, of at least
the size of nine inches each, the words: '•^Railroad crossing!
Look out for the cars.^^ But this provision shall not apply
to streets or cities, or villages, unless the corporation be
required to put up such boards by the officers having charge
of such streets.
§ 14. Said corporation shall, within a reasonable time
after said road and branches shall have been located, cause
Profile of road to be made a map and profile thereof, and of the land taken
and branches. ^^(\ obtained for the use of Such road and branches, and
file the same in the office of the secretary of state, and
also like maps of the parts thereof located in the different
counties through which the same may pass, and cause the
same to be recorded in the office for recording deeds in
the county in which said parts of said road and branches
shall lie.
§ 15. For the purpose of securing the construction of
said road and branches, the right of way, and all the lands
which may be selected along the lines of said road and
(irant of land branches within this state, under the grant made by the
and right of government of the United States to the state of Illinois, by
^*^' virtue of " An act granting the right of way, and making a
grant of land to the states of Illinois, Mississippi and Ala-
bama, in aid of the construction of a railroad from Chicago
to Mobile," passed September twentieth (20,) eighteen
hundred and fifty (1850;) and also the right of way which
the state of Illinois has heretofore obtained along and on
the line of said railroad and branches, as heretofore located
and surveyed, for the uses of the same, as well as the lot
of ground obtained by the state within the city of Cairo,
for a depot, and all the grading, embankments, excava-
tions, surveys, work, materials, personal property, profiles,
plats, and papers, constructed, procured, furnished, and
done by or in behalf of the state of Illinois, for or on ac-
count of said road and branches, also the right of way
over and through lands owned by the state, are hereby
ceded and granted to said corporation, for the only and sole
purpose of surveying, locating, constructing, completing,
67 1851.
altering, maintaining and operating said road and branches,
as in this act provided, and in the manner following — that
is to say : Immediately upon the organization of said com-
pany, and the presentation to the governor of the state of
Illinois of a certificate, signed by the corporators herein-
before named, and duly acknowledged, accepting of this
act of incorpor^ion, and certifying to the due organization
of said cor})oration — to the subscription to the capital stock
thereof by the corporators hereinbefore named and their
associates, of the sum of one million of dollars, and the
bo7ia Jide Y^ayment of twenty percent, thereon to the treas-
urer of said company, verified by the affidavits of the pres-
ident and treasurer of said company; (which said certifi-
cate shall be filed in the office of the secretary of state,)
and after three hundred thousand dollars of registered
canal bonds or funded internal improvement bonds of the
state of Illinois, or two hundred thousand dollars in specie,
or two hundred thousand dollars of six per cent. United
States stock, shall have been by the said corporation de-
posited with the treasurer of the state of Illinois, which
shall be safely preserved and kept in the treasury of said
state, upon the laith of the same, to be returned to or paid Conveyance to
over to the said corporation, upon the full completion and ^°™P*''y'
operation of fifty miles of said railroad, by the said corpo-
ration, according to the provisions of their said charter, the
said governor of the state of Illinois shall, in his official
capacity, and in behalf of the state of Illinois, and under
the great seal thereof, execute and deliver to the said com-
pany a deed, in fee simple, of all said lands granted by the
government of the United States, under the act of con-
gress aforesaid, said depot lot at Cairo, right of way, gra-
ding, embankment, excavation, surveys, work, materials,
profiles, plats and papers, hereinafter described and set
forth, or in any way appertaining to said road and branches:
Provided^ that said company shall, simultaneously with the pj.j,^jgg
execution of said deed by said governor, execute a deed of
trust to the persons and for the purposes hereinafter named
and expressed : t-lnd provided, further, that the deed in fee
simple to be executed by the governor, as aforesaid, shall
recite, at full length, the act of congress aforesaid, this act
and the deed of trust aforesaid. Said deed of trust shall
be executed to Morris Ketchum, John Moore and Samuel
D. Lockwood, as trustees, and shall include and convey to Deed of truit.
said trustees and their successors, every thing included and
conveyed in and by said deed in fee simple, and in addition
thereto the railroad or railroads which may be built upon
or along said track or tracks, line or lines, and materials
for the construction thereof, with all and singular the build-
ings, shops, engine houses, turn-outs, stations and real estate,
of every nature and description, belonging or to belong to
I
1851. 68
or in anywise appertaining or to appertain to said road and
branches, for the uses, trusts and purposes following, that
is to say :
Lien sooured to First. To secure and guarantee to the state of Illinois
i^^Jg*^'® °^ ^'" the first and prior lien on every thing conveyed by said
deed of trust, of every name, character and description,
for security, as follows : Firstly — The constructing, com-
pleting and furnishing said road and branches, in the man-
ner and time and upon conditions in this act provided.
Secondly — For the faithful application of all money or pro-
perty arising from the sale of lands, or obtained upon the
faith of the same, as hereafter authorized, to the construct-
ing, completing, equipping and furnishing said road and
branches, in accordance with the terms of this act and said
act of congress. Thirdly — The idemnification of the state
of Illinois against all and every claim of the United States
government, for proceeds of sale of lands made by said
company, under the provisions of this act, in the event said
road and branches shall not be completed, as required by
the act of congress above referred to. Fourthly — The
lien hereby created shall take and have precedence of all
demands, incumbrances, mortgages, bonds, judgments and
decrees, against said corporation or said property, except
so far as the absolute power of selling said lands, or any
portion thereof, is herein provided for : Provided, tliat in
case fifty miles of the said road shall not be constructed,
according to the provisions of this act, within two years,
from and after the date of the organization of the company,
under the same, the bonds or money herein provided to be
deposited with the treasurer of the state of Illinois, shall
become forfeited to and become the property of the said
state, subject to the disposition of the legislature thereof.
Pogsession of Secoiid. That on its organization, said company may en-
u-acks, lines, ^gj. ^ipon, take and receive possession of the said tracks or
lines, for the purpose of surveying, locating, working and
constructing said road and branches, with the right of way,
land, grading, embankments, excavations, surveys, work,
materials, property, profiles, plats and papers aforesaid, to
be occupied, used, and employed for the purposes contem-
plated by this act, under whosoever control the same
may be.
Third. That said company shall proceed to locate, sur-
vey and lay out, construct and complete said road and
branches, through the entire length thereof — the main trunk
thereof, or central line, to run from the city of Cairo to the
southern termination of the Illinois and Michigan canal.
Construction of„^,- , ,, /• -i r. ., i\ i.
ioad within fcixP^^^^'^g '^ot more than five miles irom the north-east corner
years. of township twenty-one north, range two east of the third
principal meridian, and no where departing more than sev-
enteen miles from a straight line between said city of Cairo
69 1861.
and said soutliern termination of said canal, with a branch
running from the last mentioned point, upon the most eligi-
ble route, to the city of Galena ; thence to a point on the
Mississippi river, opposite the city of Dubuque, in the state
of Iowa; with a branch also diverging from the main track
at a point not north of the parallel of thirty-nine and a half
degrees north latitude, and running on the most eligible
route into the city of Chicago, on Lake Michigan. That
the central road or main track shall be completed, with at
least one line of rails, or single track^ with the necessary
turn-outs, stations, equipments and furnishings, within four
years from the date of tlie execution of said deed of trust,
and the branches witliin six years from the said date. Said
roads to be made equal, in all respects, to the road leading
from Boston to Albany, usually known as the Great West-
ern Railway, with such improvements as experience shall
have shown to be expedient — the central or main line to be
first commenced, and be continued to completion.
Foiirtli. A portion of said lands so conveyed to said Part of land t©
trustees, not exceeding one fourth part thereof in value, to Incumbrance™
be designated by said company, shall be held by said trus-
tees, free from all incumbrances, for purposes of sale, from
time to time, on the requisition of said comj)any, for the pur-
pose of raising funds for the payment of interest on loans,
in case of deficiency from other sources, and for such ex-
penditures as the exigencies of the business of the compa-
ny may require ; Provided^ that no portion of said fourth
part of said lands shall be sold until said road and branch-
es sliall have been surveyed and located, and the work ac-
tually commenced on tlie main road : Provided^ further,
that no portion of said lands so held by the said trustees,
free from all incumbrance for said purposes, shall be sold
or offered for sale until the said trustees shall be satisfied
that a sum of money has been actually expended upon the
construction of a section of at least fifty miles of said road,
adjacent to said lands, equal in amount to the sum of money
to be raised from the sale of such portion of said lands, or
until a section of at least fifty miles of said road, adjacent
to said lands, shall have been completed- — when the lands
on said section will be sold — and so on till the said road
and branches shall be completed.
Fifth. For the purpose of raising funds from time to
time, for the construction and completion of said road and
brandies, and the purchase of iron and other materials to
be used thereon, said company may issue its bonds, coun- Bonds,
terslgned by tlie said trustees, in sums of not less than five
hundred nor more than one thousand dollars each, at rates
of interest not higher than seven per cent, per annum, pay-
able semi-annually ; the principal of said bonds payable in
the year one thousand eight hundred and seventy-five, or
1851.
70
??ale of lands.
sooner, at the pleasure of the company, at such place as it
shall designate. The payment of said bonds shall be se-
cured by the deed of trust aforesaid, of said lands, roads,
and materials as hereinbefore provided; subject, neverthe-
less, to the prior lien of the state upon said lands and pro-
perty, hereinbefore provided for; which said prior lien shall
be referred to and recited in said bonds, so to be issued by
said company: Provided^ that the faith of the state is in no-
wise pledged for the redemption of said bonds to any extent.
§ 16. ^ When the said company shall have completed,
and put in running order, fifty miles of said road, the said
trustees, on the requisition of said company, may proceed
to sell the lands lying along and adjacent to such section so
completed, (and not reserved free from all incumbrances
as aforesaid,) in such manner as the company may direct.
Said lands shall be sold for cash in hand, or the bonds of
said company at par. All bonds received on such sales shall
be cancelled by said trustees, and delivered to said com-
pany. The trustees shall invest all money received on
such sales in the bonds of the company, which shall be, in
like manner, cancelled and returned. On cancelling said
bonds, and before returning them to the company, said trus-
tees shall make a brief memorandum on each bond, speci-
fying for or on what particular tract or tracts of land the
same was received. On making such sales, and receiving
the price of such lands in money or bonds as aforesaid, said
trustees shall convey such tracts, by an absolute title in
fee simple, to the purchasers ; which conveyance shall op-
erate as a release or an acquittance of the particular tract
or tracts so sold, from all liability or encumbrance on ac-
count of said bonds, so specified in the preceding section,
so as to vest in the purchasers a complete and indefeasible
title. Before any sales shall be made of any of said lands,
the said trustees shall make a complete record, describing
each and every tract of land selected under said act of con-
gress, a copy of which record shall be filed in the office of
the auditor of this state; and as sales of lands are made, as
provided herein, from time to time, the said trustees shall
make and keep a record as aforesaid of every and each
tract of land so sold, together with the name of the person
to whom, and the price for which the same was sold. A
copy of which record of sales shall be filed in said audi-
tor's office semi-annually.
§ 17. The trustees shall not, at any time during the
Limitation of construction of said road and branches, sell or dispose of
lands to an amount exceedmg the sum which shall then have
actually been expended upon the said work, but may, at the
request of the company, sell as the work progresses, so as
to meet expenditures actually made on the sections of road
completed, as far as the receipts from said sales may go to-
71 1851.
wards tlieir liquidation. And all lands remaining unsold
at the expiration of ten years after the completion of said
road and branches, shall be offered at public sale, annually,
until the whole is disposed of, and the avails applied to the
payment of the outstanding bonds of the company as afore-
said ; or, if no such bonds be outstanding, said avails shall
be paid to said company.
§ 18. In consideration of the grants, privileges and »
franchises herein conferred upon said company for the purpo-
ses aforesaid, tiie said company shall, on the first Mondays of
December and June, in each year, pay into the treasury of the Payment* inta
state of Illinois five per centum on the gross or total proceeds, ^^^ treafury.
receipts, or income derived from said road and branches, for
the six months then next preceding. Tiie first payment of
such per centage on the main trunk of said road to com-
mence four years from the date of said deed of trust, and
on the branches, six years from the date aforesaid, unless
said road and branches are sooner completed, then from the
date of completion. And for the purpose of ascertaining the
proceeds, receipts or income aforesaid, an accurate account
shall be kept by said company, a copy wliereof shall be fur-
nished to the governor of the state of Illinois ; the truth of
which account shall be verified by the affidavits of the treas-
urer and secretary of such company. And for the purpose
of verifying and ascertaining the accuracy of such account,
full power is hereby vested in the governor of the state of
Illinois, or any other person by law appointed, to examipe
tlie books and papers of said corporation, and to examine,
under oath, the officers, agents and employees of said com-
pany, and other persons. And if any person, so examined
by the governor or other authority, shall, knowingly and
wilfully, swear falsely, or if the officers making such affi-
davits shall, knowingly and wilfully, swear falsely, every
such person shall be subject to the pains and penalties of
perjury.
§ 19. The selection of lands provided for in the act ofseieciion oJ
congress making the grant hereinbefore specified, shall be *»"*^*-
made by said company, or such agents as it may designate,
under the appointment of the governor of tiiis state, svib-
ject to the approval in said act specified. Said selection,
as well as the survey, location, and completion of said road
and branches, and the compensation of such trustees, shall
be at the cost and charge of said company, without charge
of any kind upon the treasury of the state of Illinois,
Said road and branches to be free for the use of the United
States, and to be employed by the post office department
as provided in said act of congress,
§ 20. In case of the death, resignation, removal, or in-
ability to act, of either or all of said trustees, the vacancy ui^^' *
1851. 72
or vacancies shall be filled by the governor of the state of
Illinois and said company, alternately ; the governor filling
the first vacancy that may occur.
§ 21. The corporate authorities of any city or cities on
the line of said road or branches, or at either terminus
thereof, or any owner or owners of property in any such city,
or any association of citizens duly authorized by any such
« corporation, shall have power to lay down or construct a
Tower of corpo- track or railroad along any of the streets of any such cities,
of cities. for the purpose of conveying property to and from said
railroad, which may be consigned to any of the warehouse-
men, in any of said citie?, that said track or railroad (un-
der the direction of said company,) may intersect the track
of said railroad company at or near the main depot in said
cities, respectively ; and said company shall, at all times,
permit the owners or consignees of property in such cities
to take the cars containing the property to them consigned,
to their respective warehouses upon said track : Provided,
that any car so taken shall be returned without any un-
Proviflo. necessary delay : jind provided, further, that whenever
it shall be necessary, for the convenience of the public, or
persons receiving or sending property by said railroad, the
said company shall permit side tracks to intersect their
main road at any depot on or along the line of said road ;
and that such persons shall be entitled to have any property
taken from such side tracks, under the directions and reg-
ulations of said company, without unreasonable delay ; and
for the non-performance by said company of any act of
this proviso required to be done, said company shall forfeit
and pay to the party aggrieved the sum of fifty dollars, in
each case, to be recovered in an action of debt, before
any justice of the peace, or any court having jurisdiction
thereof.
Lands to be ex- § ^2. The lands Selected under said act of congress,
empt from tax- and hereby authorized to be conveyed, shall be exempt
sold" and con- ^ro"i ^^^ taxation Under the laws of this state, until sold
voyed. and conveyed by said corporation or trustees, and the other
stock, property and eflfects of said company shall be in
like manner exempt from taxation for the term of six years
from the passage of this act. After the expiration of six
years, the stock, property and assets belonging to said com-
pany shall be listed hy the president, secretary, or other
ofiicer, with the auditor of state, and an annual tax for
state purposes shall be assessed by the auditor upon all the
property and assets of every name, kind and description
belonging to said corporation. Whenever the taxes levied
Stock and other for state purposes shall exceed three-fourths of one per
property to be centum per annum, such excess shall be deducted from the
six years. gross proceeds or income herein required to be paid by said
corporation to the state, and the said corporation is hereby
73 1851.
exempted from all taxation of every kind, except as herein
])rovided for. The revenue arising from said taxation, and
the said five per cent, of gross or total proceeds, receipts
or income aforesaid, shall be paid into the state treasury
in money, and applied to the payment of interest-paying
state indebtedness, until the extinction thereof: Provided.,
in case the five per cent, provided to be paid into the state
treasury, and the state taxes to be paid b}' the corporation,
do not amount to seven per cent, of the gross or total pro-
ceeds, receipts or income, then the said company shall pay
into the state treasury the difference, so as to make the
whole amount paid equal at least to seven per cent, of the
gross receipts of said corporation.
§ 23. This act and all grants herein contained, shall
cease and be void, unless accepted by said company with- Acceptance of
in sixty days after the passage of this act; and immediately thisact.
on such acceptance, made in 'manner above provided, the
deed in fee simple, and the deed of trust aforesaid, shall be
made as above provided. All the grants herein contained
shall cease and be void unless said road and branches be
surveyed and located, and work on the main trunk actually
begun, before the first day of January, 1852.
§ 24. The state shall have a prior lien upon said road Prior lien or the
and branches, and all the appurtenances and stock thereof, ^•'''**'-
for all penalties, taxes and dues, which may accrue to the
state from said corporation, as herein provided ; which lien
of the state shall take precedence of all demands, judg-
ments or decrees against said corporation.
^ 25. That each and every person, who, on the twenti-
eth day of September, one thousand eight hundred and fifty,
was the owner of any improvements made previous to that
date, on any lot of land conveyed to the said company, and
who became such owner with a view to a residence on, or
occupation of such lot of land for agricultural purposes,
shall have the right to purchase, at not exceeding two dol- Pre-emptions.
lars and fifty cents per acre, a quantity of the lot so owned,
to be bounded by the legal subdivisions, not exceeding one
quarter section, to consist of the quarter quarter, half quar-
ter or quarter section, which will include the improvement
aforesaid : Provided, that any person claiming the right to pj-gyjao^
purchase under the provisions of this act, shall, within three
months from the date of selecting the lands, file in the
clerk's office of the circuit court of the county in which the
land claimed is situated, a notice to the said trustees and
corporation, of his, her or their claims, describing the land
by its numbers, accompanied with an affidavit, stating the
date and object of the improvement, the time and manner
when and how he, she or they, became the owner thereof,
and also the affidavits of at least two residents of the coun-
1851. 74
ty, proving the facts in relation to such claim ; JJnd provi'
YmthtT -iiroyiso. ded, further, that the right of way upon and across any
lot of land sold under the provisions of this section, not ex-
ceeding two hundred feet in width, shall be reserved and re-
tained for the passage of the road, as the same may be lo^
cated and constructed, and any person claiming the right
to purchase as aforesaid, shall, within twelve months from
the date of commencing work on the road within the county
in which the land is situated, pay the said trustees or the
corporation the consideration money for the land claimed ;
which payment shall entitle him, her or them, to a deed con-
- veying an estate in fee ; but in case of failure to make such
payment, the right to make the purchase shall cease.
When two or more persons claim the right to purchase the
same lot of land, and file the proof of ownership as herein
required, the person proving the first residence by himself,
or those under whom he claims the improvement, shall have
the right to make the purchase, but no sale or conveyance
of any lot of land under the provisions of this section shall
effect the rights or equities of parties claiming the same, as
between each other.
§ 26. In case the persons incorporated by this act shall
Failure to ac- fail or neglect to accept the provisions of the same, and
ofadtr''''""' comply with its conditions within the time and in the man-
ner herein prescribed, then the same may be accepted by
4ny other company which shall be approved of by the gov-
ernor, auditor and treasurer of this state; who, upon com-
plying with the terms and conditions of this act, shall be
vested with all the rights, powers and immunities conferred
upon the corporators herein named, and shall be subject to
all the liabilities in the said act set forth, in as full, ample
and complete a manner as il their names were inserted ass
corporators in this act.
§ 27. This act shall be deemed a public act, and shall
Act to be deem- be favorably construed for all purposes therein expressed,
ed public. and declared in all courts and places whatsoever, and shall
be in force from and after its passage.
Approved Feb. 10, 185L
^^ 1851.
AN ACT for the relief of William C. Kinney. In force Feb.lO.
1851.
Section 1. Be it enacted hy the people of the State of
Illinois, represented in the General Jissemhly, Tliat the
N. E. i of Sec. 24, T. 1 N., R. 8 west, containino- 1 60 Release from
acres; also W. side of Sec. 19, T. 1 N., R. 7 W., contain- ''"''■
ing ten acres, in St. Clair county, be and the same are here-
by released and discharged Irom the operation of the lien
acquired by the state by virtue of a sale and purchase made
by the state on the 28th day of March, A. D. 184(>, upon
an execution in favor of the people of the state of Illinois,
and against William Kinney, deceased.
§ 2.^ That the governor of the state be and he is hereby Discharge.
authorized and empowered, upon the payment to him by the
said William C. Kinney, his executors, administrators or as-
signs, of the balance due upon said debt, and the interest
accruing thereon, in one year after the expiration of an act,
approved February 11, 1847, for the relief of the heirs of
William Kinney, deceased, to release, discharge and trans-
fer all rights, title, interest or claim which the state may
have in and to the lands, by virtue of the sale and purchase
mentioned in this act.
Approved February 10, 1851. ,. . ^.
AN ACT entitled an act to extend the Alton and Sangamon Railroad company, in- In force Feb.] i , I
eorporated February 27, 1847. 1851. !
Section 1. Be it enacted hy the people of the State of
Illinois, represented in the General Assembly, That the
Alton and Sangamon Railroad company, incorporated by an ^■'^^^"^'°" "'
act entitled "An act to construct a railroad from Alton, in S.'"'^"'"
Madison county, to Springfield, in Sangamon county," ap- ^
proved February 27, 1847, be and are hereby authorized to \
extend their said railroad, and to construct an extension of *
the same from Springfield, in Sangamon county, (upon the j
most eligible route) to Bloomington, in McLean county,
and for the purposes of such extension said Alton and San-
gamon Railroad company shall be and are hereby declared Power'.
to possess all the powers, and be subject to all the restric-
tions, contained in the original act of incorporation, and the
acts amendatory of the same.
§ 2. The said Alton and Sangamon Railroad company. Increase of ea?
for the purposes of carrying into effect the provisions of the ^t^^ «**>*'''•
foregoing section, shall have power to increase their capital |
stock not exceeding one million of dollars.
20
1851. 76
Commencement § 3. Unless Said extension shall be commenced within
of extension, ^^q years and completed within six years from the passage
of this act, the benefits and provisions of this amendatory-
act shall be forfeited.
,vi; ROVED February 11, 1851.
In force Feb.n, AN ACT to incorporate the Mount Carroll Mutual Manufacturing and Hydraulic
1851.
company.
Section 1. Be it enacted by the people of the State of
Illinois, represented in the General .Assembly, That John
Corporation. j^.^^^j^l^ ^^^^ Nathaniel Halderman, of Carroll county, and
their successors in office, be and they are hereby constitu-
ted a body politic and corporate, by the name and style of
the "Mount Carroll Mutual Manufacturing company," and
by that name and style they and their successors shall have
perpetual succession.
^ 2. The said corporation shall be capable of suing
'''""'"' P"^'"- and being sued, pleading and being impleaded, answering
and being answered unto, in all the courts of this state, and
they may have a common seal, and alter and change the
same at pleasure,
iieni estate. § 3. The said corporation shall be capable of purchas-
ing and holding any real and personal estate necessary to
promote the objects of said corporation, and of conveying
said real estate at pleasure ; provided that they shall not
at any one time hold more than six hundred and forty acres
of land.
Capital stock. § 4. The capital stock of said company shall be torty
thousand dollars, divided into four hundred shares of one
hundred dollars each, but the said corporation shall have
power to increase their said capital stock to any sum not
exceeding two hundred thousand dollars.
Exclusive privi- § 5. The Said John Rinewalt and Nathaniel Halderman
lege of sub- gi^all have the exclusive privilege of subscribing for the
scribing stock. ^^^^^^ amount of the capital stock of said corporation :
p^,,;,o Prot^-^ef/, that said privilege shall not extend to any increase
of the said capital stock as provided in section fourth ot
this act. 1 J A
Shares to be § 6. The shares in said corporation shall be deemed
transferable, personal property, and shall be transferred as such, but no
transfer shall be valid until registered in a book to be kept
by the company for that purpose ; and the said John Rine-
walt and Nathaniel Halderman shall respectively have the
right to sell or transfer their respective shares, or any part
thereof, in the said corporation. No sale or transfer of any
77 1851.
share or shares shall be valid until all calls due have been
paid.
§ 7. The said John Rinewalt and Nathaniel Haider- n-
man are hereby constituted the directors of said corpora- ^"■'''°"-
tion, and they shall hold their said offices respectively until
they or either of them shall have transferred one fourth
part of the shares of the capital stock of said company
§ 8 Whenever one fourth part of the shares of the Election of offi
capita stock of said company shall have been transferred, oeS ^
It shall be the duty of the directors of said companv to call
a meeting of the shareholders, for the purpose of electing
a treasurer, clerk and three directors, by givino- notice in
some public newspaper thirty days previously— such notice
specifying the time and place of such meetino-. Every
shareholder sliall be entitled at such meeting, lind at all
other meetings of the stockholders, to one vote for each
share he, she or they may own at the time, and such vote
may be given by proxy. All the elections by the stockhold-
ers shall be by ballot.
§ 9. The said directors, or one of them, shall be pres- Inspectors of
ent shall be inspectors or inspector of said election, and ''''*'°°'
shall furnish to the persons elected a certificate of election
which certificate shall be conclusive evidence thereof- and
the directors so elected shall, within ten days thereafter
proceed to choose one of their number as president The'
treasurer so elected, and other officers of the corporation. Treasurer,
shall, before entering on tlieir offices, give bond, with secu-
rity, as the directors may deem necessary, for the faithl\il
performance of their official duties, with such conditions as
the directors shall prescribe.
§ 10. The time for the annual meeting for the election Time of annual
of directors, treasurer and clerk shall be the first Monday meeting.
of the month in which the first election of said officers shall
happen, as hereinbefore provided, and notice thereof shall
be given in some newspaper thirty days previously: Fro-
rzded, that an omission to hold such annual meeting, or to
elect any officer of said company, shall not work a forfeit-
ure of their charter, or a dissolution of said corporation
^ V^* Any vacancies in the office of treasurer or clerk Vacancies.
may be filled by appointment by the directors, to continue
until the next annual meeting for the election of officers
and until a successor is elected and qualified. '
■ ^ ^-n ^A^.u^'^ corporation may own the merchant flour- Corporation ma,
ing mill, and the water and steam power thereunto belong- "'''' Aouriag
mg, located near the town of Mount Carroll, in Carroll °''"'
county, with such other improvements belongino- thereto
and have power and are authorized to carry on tTie manu-
facturing of flour, wool, cotton, hemp, machinery, iron,
lumber and for any other species of manufactures they may
think proper, to establish and to erect all necessary build-
1851. 78
ings and machinery for the prosecution of the same, and
give and receive promissory notes in the transaction of the
legitimate business of the corporation, and to do and per-
form all necessary acts as natural persons.
Ba^in. § 13. The said corporation shall have power and are
hereby authorized to purchase land sufficient in the town
of Mount Carroll, or near thereto, to erect thereon a " ba-
sin or reservoir," of sufficient size to supply the inhabitants
thereof with water, and shall have the power of using the
streets and alleys in said town for the purpose of laying
pipes to convey the water from said reservoir to any and all
the inhabitants in said town, and to erect thp necessary ma-
chinery to pump, throw or force the water into said reser-
voir.
^ , , , » 5 14. After the election of officers, as provided for in
Instalments otV . . , -i-jj-i .„„
capital stock, the foregoing section, the president and directors, or a ma-
jority of them, shall have power to call in the capital stock
of said company from time to time, in such instalments as
they may deem best for the interest of the company, subject
to such forfeitures as shall be prescribed by the said board
of directors.
§ 15. In order to facilitate the business operations of
Bands and loan said company, the directors shall be authorized to obtain
of money. ^.^y g^^j^ qj. g^j^s of money, on their bonds or other eviden-
ces of debt, to the amount of stock actually subscribed,
and at no time shall the debts of the company exceed the
amount of their capital stock. The shareholders shall be
liable to the creditors in their private property, to an amount
equal to the stock held by them after the corporate property
shall be exhausted.
§ 16. This act shall take effect from and after its pas-
Commencement gage, and the corporation shall commence operations within
of operations. ^^^^ ^^^^^ ^^^^^ ^^^ passage of this act. The directors
shall have power to make such by-laws, rules and regula-
By-iaw3. ^^Qj^s ^s may be deemed expedient and proper for the well
ordering of the affairs of said corporation, not repugnant to
the laws of this state or of the United States.
§ 17. In case of the death of either or both of the said
^d*X'^' ^y John Rinewalt and Nathaniel Halderman before an election
shall have been held, as provided for in the eighth section of
this act, the heirs, executors or administrators of the said
John Rinewalt and Nathaniel Halderman shall be the direc-
tors of said company, and all the rights, privileges and du-
ties conferred and enjoined by this act on said John Rine-
walt and Nathaniel Halderman are hereby conferred and
enjoined on the said heirs, executors or administrators.
§ 18. All bonds and deeds in the purchase of real es-
^(te^how ex- ^^^^ ^y ^j^g directors shall be executed to the president and
directors of said company, and their successors in office, in
trust for the stockholders of said company, and all convey-
79 1851.
ances of real estate made by said corporation shall be made
by the president and a majority of the directors of said
company.
§ 19. The legislature hereby reserves to itself the right Right of repeal,
to repeal, alter or amend this charter if the public good
shall require it.
Approved Feb'y 11, 1851.
AN ACT for the relief of Thomas Corr. ' In force Feh.ll,
- 1861.
Section 1. Be it enacted by the people of the State of
Illinois, represented in the General ^^semblt/, That Thomas
Corr, of the county of Macoupin, and state of Illinois, be ^tcogSzlZT.
and he is hereby released from the recognizance entered
into by him as the security of James II. Hall, in the case
of the people of the state of Illinois against said Hall, and
upon w^hich said recognizance scire facias has been award-
ed against said Corr, and is now pending and undetermined
in the circuit court of the said county ot Macoupin ; and
said Corr is hereby authorized to plead this act in bar of
any further proceedings on said recognizance : Provided,
that said Corr shall pay all costs that liave accrued in pro-
ceedings heretofore had upon said recognizance.
§ 2. Tins act to be in force from and after its passage.
Approved February 11, 1851.
AN ACT for the relief of the surety of Andrew ]Magee. In furce Feb. 11.
1851.
Whereas Usher F. Linder did, on the thirtieth day of preamble.
April, one thousand eight hundred and fifty, enter into a
recognizance in the circuit court of Coles county, Illinois,
for the appearance of one Andrew Magee, charged by
indictment in said court with the crime of larceny ; and
whereas the said Magee failed to appear according to the
condition of the said recognizance, whereby the same
has become forfeited; and whereas the said Usher F.
Linder has made every effort in his power to seize and
surrender the said Magee ; therefore.
Section 1. Beit enacted by the peojjle of the State of
Illinois, represented in the General Assembly, That the
said Usher F. Linder, surety of the said Andrew Magee, puret^from re-
on the recognizance aforesaid, be and he is hereby released cognizance.
1851. 80
and forever discharged from all and every liability whatever
upon the said recognizance.
Principal not to § 2. This act shall in nowise operate as a release of the
be discharged, g^- j principal.
6 3. This act to take effect from and after its passage.
Approved Feb. 11, 1851.
Enforce Feb. 12, AN ACT for tbc improvement of a part of the Illinois river, and for hydraulic
1351. purposes.
Section 1. Be it enacted hy the jjeople of the State of
Illinois, represented in the General AHsembly, That Wil-
Corporation. Ham Hickling, Lorenzo Leland, William H. Price, William
H. W. Cushman, David Green, Bronson Murray, Benjamin
T. Phelps, Benjamin F. Lamb and William Clayton, of La
Salle county, in the state of Illinois, and their succes-
sors, shall be and are hereby constituted and declared a
body corporate and politic, under the corporate name of
" The JRiver Board,'''' and by that name may sue and be
sued, contract and be contracted with, buy, hold, and sell
property, real and personal, make and use a common seal,
and alter or amend the same at pleasure, and plead and
be impleaded in all courts and places whatsoever.
Board of corpo- § 2. Each of Said corporators, and their successors, be-
rators. fo^e entering upon his duties as a member of the river
board, shall execute a bond, payable to the people of the
state of Illinois in the penal sum of four thousand dollars,
conditioned for the faithful performance of his duties as
such, with at least two sureties, to be approved by the
judge of the county court of said county, and shall file the
same in the office of the clerk of the circuit court of said
county, and make oath before said clerk that he will faith-
fully and honestly discharge his duties as a member of the
river board, to the best of his understanding and ability;
which oath shall be indorsed by such clerk upon said bond.
Such bond may be sued for the use of any person injured
by the breach thereof, in the same manner as is now pro-
vided by law in relation to sheriffs' bonds, and the same
proceedings may be had in all respects, as near as may be.
If any one or more of the persons named in the first section
of this act shall neglect to qualify as required in this sec-
tion, on or before the tenth day of March next, his place
as a member of the river board shall be deemed vacant.
§ 3. When any vacancy shall occur in the river board,
by death, resignation, neglect to qualify, removal from La
Salle county, by any member thereof, or from any other
cause, such vacancy shall be filled by the remaining mem-
81 1851.
bers of the river board, by the appointment of some free-
holder, residing in La Salle county, as liis successor, by an
order on the books of the river board, but no such order
shall be made without the concurrence of five members
votii'g therefor, and the names of such five shall be recited
in such order. Every person so appointed shall qualify in
the manner required in the second section of this act, within
twenty days after such appointment, otherwise such place
shall be deemed vacant, and filled accordingly.
§ 4. No person shall be a member of the river board Residence.
unless his residence be in said La Salle county.
§ 5. The river board shall appoint a president, secre- Officer?.
tary, treasurer and superintendent and such other officers
and agents as they may think proper, and may prescribe
the duties, powers and compensation thereof, and make
such by-laws as they think proper, and may require such
officers or agents severally to take an oatli faithfully and
honestly to perform their duties, and to give bond and se-
curity as said board may think proper.
§ 6. The river board is hereby authorized and required Object of corpo-
to improve the navigation of tlie Illinois river, from the
mouth of the little Vermilion, in said county of La Salle,
to the mouth of Fox river, so as to admit the easy passage
of steamboats at all ordinary stages of water, and to that
end to construct a dam and lock (or dams and locks) on
said Illinois river, and such other devices as they may deem
necessary.
§ 7. The river board is also authorized, by means of Further oijects.
such dam or dams across said Illinois river, and in con-
nection therewith to create water power and establish and
construct such site or sites for manufacturing, hydraulic
or mechanical purposes as they may deem expedient, and
lease the same in parts and portions, or otherwise; but
for the purposes of this section the river board shall not
take private property witliout the consent of the owner,
nor sliall it be lawful for any owner or owners of lands, ad-
jacent to any pool made by any sucii dam constructed by
said board, to draw water from the same, without first pay-
ing to said board a just compensation for tlie use of the
same ; and sliould any such person or persons be unable to
agree with the river board in that behalf, he, she or they
may enforce their equitable rights in that behalf by bill in
chancery, and the court, after a full investigation of the
matter, by the appointment of commissioners, or otherwise,
shall make such final decree (not detrimental to the said
navigation) as shall seem just, having due regard to the
equities of the river board, as owners of such dam, and the
equities of such otlier party as owner of such adjacent land, '^'fj'^at'^'^i^T'"
§ 8. When it shall be deemed necessary by the river ty.
board, for the purposes set forth in the sixth section of this
act, to use, occupy or affect any lands, lots, or water privi-
1851. 82
lege of any other person or persons, it shall be lawful for
the river board to appropriate, use, occupy or affect the
same, on payment of a just compensation to the owner or
owners thereof; and should said board be unable to agree
with such owner or owners in that behalf, it shall be lawful
for the river board to enforce this right by a suit in chan-
cery, and the circuit court as as a court of chancery shall
have full jurisdiction in the premises, and (by the appoint-
ment of commissioners, or otherwise,) shall set apart such
lands as may appear to be necessary for the river board to
use, occupy or aftect as aforesaid, and ascertain (by the
appointment of appraisers, or otherwise,) what amount
should be paid to such owner or owners, and, by a final de-
cree, shall settle and fix the terms and conditions on which
the river board shall be permitted to use, occupy or affect
any such parcel or parcels of land or water privilege, and
enforce the same. Such court may establish such rules of
practice for cases arising under this act, as may seem just.
For the purposes of proceeding under this act, the courts
.. of chancery shall be deemed always open, and such court
may fix by order the return day of any summons in such
cases. The issues shall be summarily formed, the proofs
taken with all reasonable despatch, under the direction of
the court, and the matter determined as soon as may be.
(ommeneement ^ ^* Unless the river board commence said work within
of work. one year and six months from the passage of this act, all
rights herein granted to said board to use, occupy or affect
private property without the consent of the owner thereof,
shall cease.
§ 10. The river board may establish and regulate a
tariff of tolls to be paid for transportation upon such pool
or pools, or through such lock or locks, and collect the
same, and from time to time make and establish such rea-
sonable by-laws and regulations in relation to the collec-
tion of tolls, the conduct of boats and rafts, and the gene-
ral police of said navigation, as may be found necessary,
and enforce the same : Provided^ that no more tolls shall
be levied than may be necessary (together with the net pro-
ceeds of the water povver and hydraulic sites let by said
board) to pay the current expense of letting boats through
and keeping the work in repair and in operation.
"Loan of monpy. § 1^- The river board is hereby authorized to borrow,
for the purposes of this act, any sum or sums of money, not
exceeding fifty thousand dollars in all, on a credit not ex-
ceeding thirty years, and at any rate of interest, payable
annually, not exceeding ten per cent, per annum, and to
execute and issue bonds for that purpose, which shall not
be sold or hypothecated by said board at less than par.
§ 12. The river board may receive voluntary contribu-
tions, and take subscriptions for that purpose, and any town
83 1851.
or county in this state wishing to aid this work, may ad- Contributions
vance or lend to the river board any amount of money they tioas.
think proper, and lor the purpose of raising such amount
any town, (at any annual town meeting or any town meet-
ing regularly called for that purpose) or any county, a ma-
jority of the people of such county voting therefor, may
levy a special tax on the taxable property within their
bounds, not exceeding ten mills on the dollar.
§ 13. To provide a revenue for the purposes of this gpeciai tax.
act, and to meet the liabilities of the river board incurred
under this act, there shall be levied annually, and collected
as other taxes are or may be collected, a special tax in gold
or silver, of four mills on every dollar's worth of taxable
property in each of the towns of Ottawa and South Ottawa,
in said county of La Salle, and of two mills and one half
on every dollar's worth of taxable property in each of the
towns of Utica, Deer Park, Dayton, Rutland, Grand Rapids,
Farm Ridge, Bruce and Brookfield, in said county of La-
Salle, and a tax of one mill and one half on every dollar's
worth of taxable property in each of the towns of Serena,
Mission, Manlius, Eagle, Adams, Earl, Northville, Free-
dom and Waltiiara, in said county of La Salle ; and the
board of supervisors of said county are hereby required to
incorporate in the warrants to the collectors of said several
towns, a mandate, commanding each such collector to
collect sucli ta\ as is in this section imposed upon his
town, specifying the amount of the same, and further com-
manding him to pay over the same to the treasurer of the
river board, at the same time he is or may be required to
pay over to the supervisors of his town the funds raised for
town purposes ; and it shall be the duty of said collectors
so to collect and pay over such tax : Provided, that if the
inhabitants of any town in this section enumerated, shall
not, at their next annual meeting, pass a resolution declar-
ing their willingness to submit to the tax in this section
provided, and siiall cause to be filed with the clerk of the
county court of said La Salle county a certified copy of
said resolution, within ten days thereafter, then the opera-
tion of this section shall be suspended, so far as it imposes
an annual tax on such town, until such resolution shall be
adopted at some regularly called or annual town meeting
in said town, and until a certified copy of said resolution
siiall have been, in like manner, filed with the said clerk of
the county court of said La Salle county, and from that time
this section shall be operative upon such town : Provided, Viovieo.
that should two or more of said towns refuse in the manner
aforesaid to submit to such tax, then the river board may,
in their discretion, at any time before the next annual meet-
ing of the board of supervisors of La Salle county, (by an
order entered on their books, and by filing a certified copy
1851. 84
thereof with the clerk of the county court,) suspend the
collection of all tax under this section, for the current year,
and until they can make such arrangements as in their
opinion will secure the construction of this improvement :
Further proyiso. Provided^ further^ that if one annual tax is collected under
this section, the same shall not be suspended until all the
bonds and debts of said board shall have been paid ; and in
appropriating the money arising from this tax, the interest
upon bonds issued under the eleventh section of this act
shall have precedence of all other debts.
^, , , , § 14. The river board shall provide the clerk of the
Keoord books. • ., ^ t r^ n , • i i i i
circuit court of La Salle county with a record booii or
books, which shall be kept by said clerk in his office. Said
clerk shall record in such book or books all bonds provided
to be made in the eleventh section of this act ; and no such
bonds shall be issued, or held valid or binding, until the
sacne shall have been so recorded. Upon recording any
such bond, the said clerk shall certify on the back thereof,
under the seal of said court, that the same has been duly
recorded, and shall thereupon re-deliver the same, so cer-
tified, to the river board to be issued. Such bonds shall be
.^tock transfer- transferable by assignment ; but no such assignment shall
be of force, either in law or equity, until such assignment
shall have been in like manner recorded by said clerk, in
said record book or books.
Abstract of pro- § ^^* ^^ ^^'® ^^^* Monday of July next, and on the first
eaedings. Monday of every six month thereafter, the river board shall
cause to be filed with the clerk of the La Salle circuit
court, a careful abstract of the doings thereof, during the
interim next preceding each such date, embracing a state-
ment of all bonds issued, contracts made, moneys received,
moneys paid out, work done, agents employed, officers
acting, and the salary or conippnsation of such agents and
officers severally, which shall be kept by said clerk, subject
to the inspection of any person interested therein, or of
anyone having contributed to said improvement, by paying
tax or otherwise.
Disposition of § 16. Whenever the revenues of the river board shall
surplus funds, fm-nish them moneys not needed for the payment of debts
then due, or interest on bonds, it is hereby made their duty
to vest the same in some safe and available manner, so as to
create a sinking fund for the final payment of their bonds
and other liabilities. Whenever said work shall be com-
pleted, and the debts and liabilities of the river board paid
and discharged, said board shall give notice thereof to the
board of supervisors of said county, and thereupon the tax
provided in this section shall forever cease.
jig93 § 17. The clerks of the county court and circuit court
shall severally be allowed fees for the duties herein required,
at the same rate as now allowed by law lor like services —
85 1851.
for recording, the same as recording deeds; and for exhibi-
tion of record or papers, ten cents.
§ 18. This act is hereby declared a public act, and shall
be in force from and after its passage.
Approved February 12, 1851.
AN ACT to enable Joseph McCoy and others to peddle goods in the state of Illinois. In force Feb. 12,
Section 1. Be it enacted by the people of the State of
I lUnois, representedin the General ^/Issemhly^ That Joseph..
McCoy, of Will county, Illinois, in consequence of having seph McCoy.
had the misfortune to lose an arm, shall be entitled to have
a state license granted to him by the proper authority of
the state to peddle goods, wares and merchandise any where
in the state, free of charge, during his natural life, or if he
is unable to peddle, he may do so by an agent.
Also, that Alfred M. Wooley and Jackson Van Vranken, License to other
of Mason county, have the same privilege granted them as P^"°°^-
that given to Joseph McCoy, they having lost, one a hand
and tlie other an arm, and being unable to work.
Also, William R. Bishop, of Macoupin county, Albert Al-
exander, of Boone county, Luke Barley, of Franklin county,
Truman R. Barlow, of Rock Island county, Hosea Hath-
way, of Ogle county, Daniel Moore, of Adams county, Wil-
liam Lorton, of Greene county : Provided, that neither of Proviso,
the above named individuals shall be allowed, under the li-
cense Iierein granted, to transact business upon a capital of
more than two thousand dollars: Provided, further, that Further proviso.
neither of said persons shall ever employ or have in his ser-
vice, under or by virtue of said license, more than one
agent, which agent shall nave no power to appoint sub-
agents.
This act to be in force from and after its passage.
Approved Feb. 12, 1851.
A¥ ACT authorizing Jeremiah Crotty to establish a ferry across the Illinois river. In force Feb. 12,
1851.
Section 1. Be it enacted by the jieople of the State of
Illinoifi, represented in the General J^ssembly, That Jere-
miah Crotty, his heirs and assigns, be and they are hereby Ferry autlior-
autliorized to establish and keep a ferry across the Illinois '^^ '
river, on any part of sections twenty-five or twenty-six, as
1851.
86
Restrictions.
Taxes.
the said Crotty may elect, in township thirty-three north,
range five east of the third principal meridian, for the pe-
riod of ten years.
§ 2. The said Jeremiah Crotty, his heirs and assigns,
are hereby authorized to charge such rates of ferriage as
are now charged by other ferries similarly situated in said
county.
§ 3. The said Jeremiah Crotty, his heirs and assigns,
shall, in every respect, comply with the provisions of chap-
ter forty-two of Revised Statutes, entitled "Ferries."
§ 4. All taxes levied on said ferry may be paid by labor,
applied to the improvement of the roads leading to and
from said ferry.
§ 5. This act to take effect from and after its passage.
Approved Feb. 12, 1851.
In force Feb.l2,
1861.
AN ACT to vacate a part of the town of Freeport, and to re-survey said town.
Part of town
vacated.
Re-survey
Purveyor
itworn.
Assistants
Character of re
survey.
Section 1. Be it enacted hy the people of the State of
Illinois, represented in the General Assembly, That all
that part of the town plat of the original town of Freeport,
in the county of Stephenson, not embraced within the boun-
daries of the east half of the north-west quarter and the
north-east quarter of section thirty-one, in township twenty-
seven north, range eight east, be and the same is hereby
vacated.
§ 2, The president and trustees of the town of Freeport
are hereby authorized and required, as soon as practicable,
to employ some competent surveyor to re-survey so much
of the original town of Freeport as is embraced within the
limits of the east half of north-west quarter and north-east
quarter of section tliirty-one ( 31, ) township 27 north,
range 8 east; said survey to be completed within one year
from the passage of this act.
to be § ^" "^^^ surveyor to be employed, as provided in the
foregoing section, shall be sworn before some competent
authority to execute and fulfil the duties required of liim by
this act, according to the best of his skill and ability, with-
out prejudice or partiality. Said surveyor shall employ the
necessary assistants, who shall in like manner be sworn to
the faithful performance of their duties. The president
and trustees of the town of Freeport shall fix the compen-
sation of said surveyor and assistants, and shall draw their
order upon the treasurer of said town for the same.
§ 4. The re-survey of the town of Freeport, herein
authorized to be made, shall conform, in all respects, as
nearly as practicable, to the recorded plat of said town.
87 1851.
The width of all the streets and alleys, the number of the
blocks and lots, width and length of all lots, where the
same are not fractional, shall be the same as upon the
orio-inal recorded plat of said town. In those blocks which
appear upon said original recorded plat without tlie num-
ber of the lots upon tliem, the lots shall be numbered
tlie same in manner precisely as the lots are numbered
in block fifty-five ( 55 ) in said town, to wit : commencing
at the soutli-westerly corner of each whole block, with
lot number one, and numbering north-easterly to lot num-
ber five ; and from the north-easterly corner, commencing
with lot six, and numbering south-westerly to lot ten, at
north-westerly corner. In fractional blocks the relative
position of lots, by the numbers, shall be the same as in
whole blocks, except in those blocks bordering on Water
street. If it shall be found, upon actual survey, that the
courses of the streets are not correctly stated upon the said
recorded plat of Freeport, the original line of Stephenson
street, as actually surveyed at the time of the original sur-
vey of said town, shall be ascertained, as nearly as practi-
cable, by land marks or otherwise, and the course of said
street, so ascertained, shall form the baseline, and the sur-
vey shall be extended from said line.
§ 5. If it should appear, upon careful measurement of Esces? or defi-
the distance from the south-westerly corner of block No. '^^^^'^y-
fifty- five to the south-easterly corner of block fifty-eight,
on Stephenson street, in said town of Freeport, that there
is an excess over the distance stated on the original plat of
said town, as the same appears of record, or a deficiency
in said distance, the excess or deficiency shall be as nearly
equally divided as practicable between blocks 55, 56, 57,
and 58, and the width of said blocks so ascertained shall
be tlie width of all the blocks between the following named
streets, running at right angles with said Stephenson street,
to wit: between Van Buren and Chicago streets, between
Chicago and Mechanics' streets, between Mechanics' and
Adams streets, and between Adams and Liberty streets.
The street parallel with and next northerly from Bridge
street shall be called Clay street, and the street next north-
erly and parallel with Clay street shall be called Webster
street.
§ 6. All grants, bargains, sales, conveyances, leases. Conveyance*
releases or other writings of or concerning lots or parts of
lots, by their numbers, as provided in section 4 of this act,
in blocks which upon the recorded plat of said town of
Freeport are not numbered, are hereby declared as valid
in law and equity, to all intents and purposes, as if the num-
bers of said lots had appeared upon said recorded plat.
5 7. There shall be planted at the corner of each block i>esignation of
•> XI 1 1111 -11 i-Mj cornera.
or square, (unless the corner should be occupied by a buua-
ing,) by the surreyor, at the time of making the re-survey
1851. 88 1
rv
herein provided for, a stone not less than eighteen inches
long, which stone shall be marked with a cross : -|-
„, , , , , § 8. Immediately after the completion of said survey a
Plat to be made , , - i i j_ ,' j i • i , ^ i • . •;
and recorded. Well executed plat ot the said town, showing its connection
with the government surveys, and the additions to the said
town, shall be made by the surveyor, on which the said sur-
veyor shall certify, under oath, that the same is correct;
and the same shall be presented to the president and trus-
tees of said town of Freeport for their approval, and exam-
ined by them; and if the same is approved they shall cer-
tify that approval, under their official seal ; and when the
said plat shall be so certified it shall be recorded in the of-
fice of the clerk of the circuit court for the county of Ste-
phenson, and a certified copy thereof, under the hand and
seal of the said clerk, shall be competent evidence, without
other proof of the fact manifested by it, in all the courts
of this state.
Expenses of re- § 9- To defray the expense of Said survey, recording,
survey. &c., the president and trustees of said town of Freeport
shall have power to lay a tax upon the owners of the lots
surveyed, or herein provided, in said town ; and if the same
is not promptly paid the said president and trustees may
proceed against the lot, by its number and description, or
. against the owner, if known, before any justice of the peace
of the county, to recover said tax ; and a judgment being
rendered therefor, either against the lot, when the owner is
unknown, or against tiie owner, if known, execution may
Proviso. issue as in other cases : Provided, that in case the consta-
ble or other officer shall be unable to find any personal pro-
perty of the defendant out of which to make the money,
and shall so return the execution to the justice who issued
it, a transcript of the judgment shall be filed in the office
of the clerk of the circuit court and recorded by said clerk
as is now provided by law, and execution shall issue out of
the circuit court as in other cases, and the lot or lots sold
to satisfy the judgment, with costs ; and if the same is not
redeemed within one year, by the payment of the amount of
the judgment and costs, and one imndred per cent thereon,
the lot shall vest absolutely in the purchaser. Said tax shall
be equal in amount upon each lot.
§ 10. This act to be in force from and after its passage.
Approved Feb. 12, 1851.
89 1851.
AN ACT to incorporate the Ohio and Mississippi Railroad company, and for other In force Feb. 12?
purposes. 1851.
Section 1. Be it enacted hy the people of the State of
Illinois., represented in the General tdssembli/, Tliat Joseph
G. Bowman, Sidney Breese, James Hall, Alfred Kitchell, Corporators.
Arthur McCauley, George W. Pace, Benjamin Bond. James
L. D. Morrison, A. T. Ellis, John Ross, Luther M. Kennett,
John O'Fallon, James H. Lucas, Andrew Christy, Daniel
D. Page, John Law, Peter Chouteau, jr., Benjamin F. Rit-
tenhouse, Samuel B. Chandler, John A. JVIcClernand, John
S. Martin, Aaron Shaw, William W. Roman, Green C. Cros-
son, and such other persons as may associate with them for .
that purpose, are hereby made and constituted a body cor-
porate and politic, by the name and style of "The Ohio and
Mississippi Railroad company," with perpetual succession,
and by that name and style shall be capable in law of
taking, purchasing, holding, leasing, selling and conveying
estate and property, whether real, personal or mixed, so
far as the same may be necessary for the purposes herein-
aiter mentioned, and no further; and in their corporate
name may sue and be sued, to have a common seal, which Qg^ig^a] po„pn«,
they may alter or renew at pleasure, and may have and ex-
ercise all powers, rights, privileges and immunities which
are or may be necessary to carry into eifect the purposes
and objects of this act, as the same are hereinafter set forth.
§ 2. The Ohio and Mississippi Railroad company shall ^^J*^"^^*-
have full power and authority to locate, and from time to
time to alter, change, re-locate, construct, re-construct, and
fully to finish, perfect and maintain a railroad, with one or
more tracks, commencing at lUinoistown, on the Mississippi
river, in the county of St. Clair, and running from thence,
on the most eligible route, to the east line of the state of
Illinois, in the direction of the city of Vincennes, 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 mechanical or other power, or
combination of them, which said company may choose to
use or apply. And for the purpose of constructing said Right of way.
railroad or way, said company shall have authority and
power to lay out, designate and establish their road, in
width not exceeding one hundred and fifty feet, througli
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 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 lo-
cated by said company, and for the purpose of cuttings and
embankments, and for the purpose of obtaining of stone, sand
Powers,
1851. 90
and gravel, may take and appropriate as much more of land
as may be necessary for the proper construction, mainte-
nance and security of said road, and for the construction
and security of said road, and for constructing; shops, de-
pots, and other suitable, proper and convenient fixtures,
in connection with and appurtenances to said railroad, may
take and 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 all such lands as
gifts, or purchasing or making satisfaction for the same, in
the manner hereinafter provided : Provided, that this section
shall not be construed to restrict or prevent the construc-
tion of public roads, or canals, or railroads, across the road
of said company, when deemed expedient, but so as not
materially to impair or obstruct the same.
§ 3. The said company, and under their direction, their
agents, servants and workmen, are hereby authorized and
empowered to enter into and upon the lands and grounds
of or belonging to the state, or to any person or persons,
bodies 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 ma-
king 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 authorized 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 said line of
said railroad, the damages occasioned by the felling of such
trees, unless otherwise settled, be assessed and paid in
manner hereinafter provided for assessing and paying dam-
ages for land taken for the use of said railroad 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 conveniences as
may be requisite and convenient for the i)urposes 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 the said
railroad, as for carrying or conveying all manner of materi-
als necessary for the making, erecting, furnishing, altering,
repaii'ing, amending or enlarging the works of or connect-
ed with said railroad, and to contract and agree with the
owner or owners thereof for earth, timber, gravel, stone, or
other material, or any articles whatever, which may be
wanted in the construction or repair of said railroad, or any
of its appurtenances ; they, the said company, doing as lit-
tle damage as possible in the execution of the said powers
hereby granted, and making satisfaction in the manner here-
91 1851.
after mentioned for all damages to be sustained by the own-
ers or occupiers of said land.
§ 4. ^ The said company shall have power and authority Grants
to receive, take and hold all such voluntary grants and do-
nations of land and real estate for the purposes of said rail-
road, as may or shall be made to said company, to aid in
the construction, maintenance and accommodation of said
radroad ; 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 wliich
said company may wish to use or occupy for the purpose of
procuring stone, sand, gravel or earth, or other materials,
to be used in embankments 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 authorized by this
act to take, have or appropriate any lands, and to receive
and take grants and conveyances of any and all interests
and estates therein, and to them and to their successors or
assigns in fee, or otherwise; and in case said company can-
not agree with such owners or occupiers of such lands as
aforesaid, so as to procure the same by the voluntary deed
or act of such owners or occupiers thereof, or if the own-
ers or occupiers, or any or either of them, be ^femme cov-
ert, infant, non compos mentis, unknown or out of the county
m which the land or property wanted may lie or be sit-
uate, the same may be taken and paid for, if any damao-es
are awarded, in the manner provided for in "An act to p?o- Da^a^e.
vide for a general system of railroad incorporations," ap- "
proved November 5th, 1849, and the final decision or award
shall vest in the corporation hereby created ail the rights,
privileges, franchises and immunities in said act contempla-
ted ; and provided that any appeal that may be allowed un-
der 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 land appraised ; and when the ap-
peal may be taken or writ of error prosecuted by any per-
son or persons other than the said company, the same shall
not be allowed except on the stipulation of the party so ap-
pealing 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 security, to be approved by
the clerk of said court, that they will pay to the party so
appealing or prosecuting such writ of error, all costs and
damages that may be awarded against them on the final
hearing of such appeal or writ of error, within thirty days
after the rendition thereof, or forfeit all right to use the
laud or way so condemned.
21
1851.
92
Vacancies
Votes.
§ 5. The capital stock of said company shall be one
million 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 expended on
account of said road ; whi'ch stock shall be divided in shares
of fifty dollars each, which shall be deemed personal pro-
perty, and may be issued, certified, transferred and regis-
tered 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 subscribed in the
manner and at the time and in such sums as they may di-
rect; and on the refusal or neglect on the part of stock-
holders, or any of them, to make payment on the requisi-
tion of the board of directors, the shares of such delinquents
may, after thirty days' public notice, be sold at public auc-
tion, under such rules as the directors may adopt ; the sur-
plus money, if any remains after deducting the payment
due, with the interest and the necessary costs of sale, to be
paid to the delinquent stockholder. The board of direc-
tors hereinafter named and appointed, shall cause books to
be opened for subscriptions 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 two hundred
thousand dollars of bona fide subscription shall be made to
said capital stock, and twenty-five per cent, thereon paid,
it shall be lawful for said company to commence the con-
struction of said road.
§ 6. All the corporate powers of said company shall pe
vested in and exercised by a board of directors, to consist
of not less than seven nor more than seventeen in number,
and such other officers, agents and servants as they shall
appoint. The first board of directors shall consist of Abner
T. Ellis, James Hall, Joseph G. Bowman, Alfred Kitchell,
Benjamin Bond, James L. D. Morrison, Luther M. Kennett,
Andrew Christy, John O'Fallon, Daniel D. Page, Samuel
B. Chandler, John A. McClernand and Aaron Shaw, who
shall hold their offices until their successors are elected and
qualified. Vacancies in the board may be filled by vote of
two-thirds of the directors remaining: such appointees to
continue in office until the next regular annual election of
directors, and which said annual election shall be held on
the first Monday of September in each year, at such place
as the directors may direct; thirty days' notice being given
in two newspapers printed along the line of said road.
§ 7. At any election held for directors, each share of
stock shall be entitled to one vote, to be given either in per-
son or by proxy, and the persons receiving the largest nuni-
ber of votes to be declared duly elected, and to hold their
93
1851,
office until the next annual election, and until their sue- '''
cessors are elected and qualified. All elections for directors '
to be conducted by three judges, selected by the stock-
holders present. i
• ^ .?■ ,Tiie directors herein named are required to organ- Board of direc- '
ize the board by electing one of their number president ^°'^- ;
and by appointing a secretary and treasurer. '
§ 9. Said company shall have power to purchase, with Equipments.
the lunds of the company, and contract for and place on !
the railroad hereby authorized to be constructed, all ma- '
chines, wagons, carriages and vehicles of any description i
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 '
fare such sums as shall be lawfully established by the by- '
laws of said company.
t ^^- Said company shall have power to make, ordain Ey-iaw. '
and establish all such by-laws, rules and regulations as may ^ '
be deemed expedient and necessary to fulfil the purposes
and carry into effect the provisions of this act, and for the \
well-ordering and securing the aff'airs, business and inter-
est of said company, provided that the same be not repuo--
nant to the constitution and laws of the United States Sr '
of this state. '
§ 11 The said board of directors shall have power to Transportation, i
regulate the manner of transportation of persons and pro-
perty, 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 i
conveyance and transportation of persons and property '
thereon. x i j ^
§ 12. Whenever it shall be necessary for the construe- intersections.
tion ot said railroad to intersect or cross a track of any
other railroad, or any stream of water or water-course, or
road, or highway lying on the route of said road, it shall i
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 i
highway thus intersected or crossed, to its former state, or
m a sufficient manner not materially to impair its usefulness.
§ 13. The said company shall annually or serai-annu- Dividends. '
ally make such dividend as they may deem proper, of the !
net profits, receipts or income of said company among the I
stockholders therein, in proper proportion to their respec-
tive shares. ^ i
^ § 14. If any person shall do or cause to be done, or aid Penalty. |
m doing or causmg to be done, any act or acts whatever,
whereby any building or construction or work of said com- i
pany,^ or any engine, macliine or structure, or any matter ' i
or thing appertaming to the same, shall be stopped, ob-
1851.
94
structed, impaired or weakened, injured or destroyed, the
person or persons so offending shall be guilty of a misde-
meanor, and may be punished, upon conviction, by fine, in
any sum not exceeding one thousand dollars, or by im-
prisonment not exceeding five years, or both, at the dis-
cretion of the court, and shall forfeit and pay to said cor-
poration treble the amount of damages sustained by rea-
son of such offence or injury, to be recovered in the name
of the said company, with costs of suit, in an action of tres-
pass, before any justice of the peace of this state, or before
any court having jurisdiction thereof.
§ 15. Said company shall have the power to unite its
"^orher'roJTif railroad with any other railroad now constructed, or which
may hereafter be constructed, 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 hereby given to said company to make
and execute such contracts with any other company as will
secure the objects of such connection : Provided, that the
Central railroad shall not run upon the line or track of the
road constructed by the company hereby incorporated, ex-
cept at points of crossing or intersecting the same.
§ 16. Said company is hereby authorized, from time to
3>)an of money. ^.^^^^ ^^ borrow such sum or sums of money as may be ne-
cessary for completing and finishing or operating their said
railroad, and to issue and dispose of their bonds in denom-
inations of not less than five hundred dollars, for any amount
so borrowed, and to mortgage their corporate property and
franchises, or convey the same by deed of trust, to secure
the payment of any debt contracted by said company for
^ the 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 owino- 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. , 1 1 n 1
^ 17. The said company hereby chartered shall be re-
Commtncement V^^^ ^^ construct and operate their said road, throughout
the entire line thereof, according to the terms of this
charter, within five years after the work shall be com-
menced thereon, and upon failure so to do, shall forfeit all
rights and privileges, tracks completed, and work done
upon said road ; provided the work shall be commenced on
said road within one year after the passage of this act.
§ 18. All the stockholders of said company shall be
Liability of severally individually liable to the creditors of said com-
stockhoiders. ^^ ^^ amount equalto the amount of stock held by
them respectively, for all debts and contracts made by said
company, until the whole amount of capital stock fixed and
95 1851.
limited by said company, or by this act, shall have been j
paid in ; and shall be jointly and severally liable for all •
debts that may be due and owing to any and all their la- \
borers, servants and apprentices, for services performed \
for said company, but shall not be liable to an action there- ^
for before an execution shall be returned unsatisfied, in
whole or in part, against said company, and then the amount
due on said execution shall be the amount recoverable, with
costs, against said stockholders : Provided^ that none of Proviso-
the provisions of this section shall be applicable to the com-
pany hereby incorporated, or to the Terre Haute and Alton
railroad company, incorporated at the present session of
the general assembly, until the same provisions shall be ap-
plied to the Central railroad company and branches, and
the Rock Island, La Salle and Chicago railroad company.
§ 19. This act shall be deemed and taken as a public Limitation.
act, and shall be in force from and after its passage ; and
the railroad constructed under this act of incorporation
shall be confined within ten miles on either side of the
Great Western mail route, from St. Louis to Vincennes.
The work upon said road shall commence simultaneously
at Illinoistown and at the point where said road crosses the
track of the Central railroad, and progress eastwardly from
said point with all reasonable dispatch.
Approved Feb. 12, 1851.
AN ACT to incorporate tTie Rockforcl and Rock Island Eailroad Company. In force Felj.l?
1851.
Section 1. Be it enacted hij the people of the State of
Illinois, represented in the General Assembly, That all such
persons as shall become stockholders, agreeably to the pro- Corporation.
visions of this act, in this corporation hereby created, shall
be, and for the term of sixty years from and after the pas-
sage of this act shall continue to be, a body corporate and
politic, by the name of the " Rockford and Rock Island ^^J'"'*
Railroad company," and by that name shall have succes-
sion for the term of years above specified, may sue and be
sued, complain and defend in any court of law or equity,
may make and use a common seal, and alter the same at
pleasure, may make by-laws, rules and regulations for the General lowers,
management of property, the regulations of its affairs and
for the transfer of its stock, not inconsistent with the exist-
ing laws and the constitution of this state and of tiie United
States, and may, moreover, appoint such subordinate agents,
officers and servants as the business of said company may
1851. 96
require, prescribe their duties, and require bond for the
faithful performance thereof.
Commissioners. § 2. That Wait Talcott, John A. Holland, Seldon M.
Church, William Bebb, Samuel M. Hitt, Cyrus Aldrich,
Joseph Knox be and are hereby appointed commissioners
for the purpose of procuring subscriptions to the capital
Duties. stock of Said compan}', whose duty it shall be to open books
for subscription to the capital stock of said company, giv-
ing notice of the time and place when and where said books
will be opened, at least thirty days previous thereto, by
publication in some newspaper published in Rock Island
and Rockford.
Subscriptions. The Said Commissioners, or a majority of them, shall at-
tend at the place appointed for the opening of said books,
and shall continue to receive subscriptions, either person-
ally or by such agents as they shall appoint for that pur-
pose, until the sum of one hundred thousand dollars shall
be subscribed ; and as soon as said sum of one hundred
thousand dollars is subscribed the said commissioners shall
give twenty days' notice, by publication in a paper publish-
Eiection of di- ed in Rock Island and Rockford, of an election by said
stockholders of a board of directors, as hereinafter provi-
ded, for the management of said company ; at such time
and place appointed for that purpose the commissioners,
or a majority of them, shall attend and act as inspectors of
said election, and the stockholders present shall proceed to
elect seven directors, by ballot, and the commissioners
present shall certify the result of such election, under their
hands, which certificates shall be recoi'ded in the record
book of said company, and shall be sufficient evidence of
the election of the directors 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 one
A™°'^^^^^°f_°*i^ million of dollars, which shall be divided into shares of one
hundred dollars each, and may be increased by the direct-
ors of said company to any sum not exceeding two millions
of dollars, if necessary to complete the works herein author-
ized, and the same shall be subscribed for and taken under
the direction of the board of directors of said company, in
such time, place and manner as the said directors shall
from time 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
nagemea . j^Qg^y^j q£ ggygjj 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 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, but no stockholder shall be al-
97 1851.
lowed to vote at any election after the first for any stock
which shall have heen assigned to him within thirty days
previous to said election. The directors shall hold their Dh-ectors.
offices for one year after election, and until their successors
are elected and qualified, and shall elect one of their num-
ber president of said board ; and in case of any vacancy Vaoaneiee.
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 stock-
holders. In case of the absence of the president of the
board, the directors shall have power to elect a president
pro tempore, who shall exercise for the time being all the
legal powers of the president of said company. The said
board of directors shall be increased, by vote of a majority
of the stockholders present at any annual meeting, to any
number not exceeding fifteen.
§ 5. It shall be lawful for the directors to make calls Payment of
upon the sums subscribed to the capital stock of said com- toeapitar°*
pany, at such time or times and in such amounts as they stock.
shall deem fit, giving at least thirty days notice of each of
said calls in at least two public newspapers publislied in
this state ; and in case of failure on the part of any stock-
holder to make payment of any call made by said directors
for sixty days after the same shall have become 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- *^|J^*^^.gj^^ *=°''"
powered to locate, construct and complete, and to maintain
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 some
point on the Galena and Chicago Union railroad, at Rock-
ford, in the county of Winnebago, to the city of Rock
Island, and are further authorized to continue said railroad
trom Rockford to some point on the north line of this state,
and 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 author-
ized to use and operate said railroad, and shall have power
and authority to regulate the time and manner in which
goods, eftects 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 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
1851.
98
borrowed
and machinery for the accommodation, management and
operation of said road.
Right of way. § 7. That Said Company are hereby authorized, by their
engineers and agents, to enter upon any 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 the said railroad and its
appendages, first making just and reasonable compensation
to the owners of said lands for any damage that may arise
to them from the building of said railroad, and in case the
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 author-
ized to proceed to ascertain and determine the damages sus-
tained by such owner or owners, in the manner and upon
the principles provided by the 92d chapter of the Revised
Statutes of this state, entitled " Right of way : " Provided,
that after the appraisal of damages as provided in said stat-
ute, and upon deposite of the amount of such appraisal in
the circuit court of the county wherever such lands may be
situate, the said company are hereby authorized to enter
upon such lands for the construction of said road.
Money may be § 8. The said Company are authorized and empowered
to borrow, from time to time, such sura or sums of money,
not exceeding the capital stock of the company, as in their
discretion may be deemed necessary to aid in the construc-
tion of said work, and to 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 and on such terms as the board of directors
may determine.
§ 9. Said corporation shall be bound to repair all pub-
lic highways, bridges and water-courses which may be in-
jured in constructing the said railroad or its appendages,
and shall restore them, as far as practicable, to as good a
condition as they were before they were injured.
§ 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 the right to construct and use any
portion of the road hereby authorized to be constructed,
upon such terms as may be mutually agreed between the
said companies.
§ 11. Any person who shall wilfully injure or obstruct
the said road, or any of the appendages thereto, shall be
deemed guilty of a misdemeanor, and shall forfeit to the use
of the company a sum three-fold the amount of the daraa-
Publie high-
ways.
Union with
other compa-
nies.
Penaltj.
9 9 1851.
ges occasioned by such injury or obstruction, to be recov-
ered 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 Commencement
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 for-
feited.
§ 13. This act shall be deemed and taken as a public construction of
act, and shall be construed beneficially for all purposes act.
herein specified or intended.
Approved Feb. 12, 1851.
AN ACT to amend an act entitled " An act to establish a ferry across the Mississippi In force Feb. 12,
river, in St. Clair county." 1851.
Section 1. Be it enacted by the people of the State of
Illinois, represented in the General Assembly, That the
first section of an act entitled " An act to establish a ^Q'^'^Y^lZS^lt.
across the Mississippi river, in St. Clair county," approved
February 12, 1849, shall be and the same is hereby amended
so as to authorize James B. Needles, John Gall, Madison
Miller, Alfred Crosl)y, Julian Kevan and John Trombly,
their associates, heirs and assigns, to enjoy and exercise the
exclusive right to ferry on said Mississippi river opposite
the town of Carondelet, in the state of Missouri, from the
point at which said parties have been heretofore authorized
to establish a ferry — that is, on claim No. two hundred and
seven (207,) survey No. one hundred and eighty (180,) for
and during the term of thirty years ; which said exclusive ^erry.
right to ferry on said river shall extend two miles up and
three miles down the said Mississippi river, from the north
or south line of survey No. one hundred and eighty, claim
No. two hundred and seven (207,) hereinbefore described.
§ 2. Be it further enacted, Tiiat for and in considera- Consideration,
tion of the extension of the exclusive privilege of ferrying
across the Mississippi river from fifteen to thirty years afore-
said, and in consideration of the said exclusive right of
landing two miles up and three miles down, in place of two
miles as hereinbefore described in tlie preceding section,
the said Needles, Gall, Miller, Crosby, Kevan, Trombly,
tlieir associates, heirs and assigns, sliall be and are hereby
required to construct a stone dyke on or adjoining claim Dyke.
No. two hundred and seven (207,) survey No. one hundred
and eighty (180,) extending from the main shore or bank,
as it now is on the Illinois side, into the Mississippi river,
1851.
100
Plank road.
Proviso.
Tolls
P enalty.
Forfeiture.
three hundred and fifty feet. And the said parties, their
associates, heirs and assigns before mentioned, in conside-
ration of the aforesaid privileges unto them extended, shall
be and are hereby further required to construct a plank
road, which said road shall run through claim No. two Imn-
dred and seven (207,) survey No. one hundred and eighty
( 180,) from the said river to the intersection of the Columbia
and Kaskaskia road ; which said road shall not be less than
sixteen feet wide, except such part of said road that may run
through the lakes or sloughs, which shall not be less than
eight feet wide : Provided^ the distance across said lakes
and sloughs shall not exceed one half mile : and all plank
used on said road shall not be less than two inches thick ;
and the said parties, their associates, heirs and assigns, in
consideration of the aforesaid privileges, shall permit all
persons crossing said ferry to pass over said road free and
without paying toll.
§ 3. Be it further enacted^ That if any vehicle, cattle,
sheep, swine, horses, horse and rider or led horse shall
travel said road without crossing said ferry of said Needles,
Gall, Miller, Crosby, Kevan, Trombly, their associates,
heirs and assigns, they shall pay to the owners of said road
the same rates of toll that are allowed by " An act to pro-
vide for the construction of plank roads."
§ 4. Be it further enacted^ That if any person or persons,
company or corporation, at any time during the continu-
ance of this charter, the plank road being in good order,
shall, in violation of this act and contrary to the wishes
and intentions of said Needles, Gall, Miller, Crosby, Kevan,
Trombly, their associates, heirs and assigns, establish a
ferry within the aforesaid limits, it shall be lawful for said
Needles, Gall, Miller, Crosby, Kevan, Trombly, their as-
sociates, heirs and assigns, to collect the sura of one hundred
dollars for every day said ferry boat shall cross the Missis-
sippi river ; one half when collected to go to the use of the
state.
Jind he it further enacted, Tliat if the said dyke and plank
road aforesaid shall not be completed within two years from
the passage of this act, aforesaid privileges hereby granted
shall be forfeited.
Approved Feb. 12, 1851.
101 1851.
AN ACT fixing the points of terminus and declaring; the St. Charles and Mlssisssppi In force reb.l2,
railroad of sutRcient public utility to justify the taking of private property for the 1861.
construction of the same.
Whereas Daniel D. Wait, S. S. Jones, P. S. Burchell, Preamble.
Henry Butler, W. D. Barry, F. H. Bowman, L. F. San-
derson, J. P. Furnald, Robert Rogers, M. S. Gun, A.
Hoyde, John Scott, M. Due Coe, Alex. H. Bond, J. T.
Durant, James Kelley, R. S. Prescott, and their associ-
ates, intending to organize a corporation under the pro-
visions of the " Act to pro\"ide for a general system of
railroad incorporations" in this state, for the purpose of
constructing a railroad to be called the " St. Charles and
Mississippi Railroad," to commence at the village of St.
Charles, in said state, and running thence in a westerly
or south-westerly direction, on the most eligible route, to
Rock river, crossing said river at or near Sterling, and
not above Dixon, or below Lyndon, on said river, and
from the crossing point on said river, in a westerly or
south-westerly direction, to some point on the Mississippi
river, and down along or near said river to the city of
Rock Island; therefore.
Section 1. Be it enacted by the peojjie of the State of
Illinois, represented in the General Jissemhly, That the
said railroad, with the points of terminus as herein I'ecited,^^^^^'"^ ^'f J^^^^^^
be and the same is hereby declared to be of sufficient pub- authorized.
lie utility to justify the taking of private property for the
locating or construction and maintaining of said road.
Approved Feb. 12, 1851.
AN ACT for the relief of certain persons therein named. In force Feb.l2,
1851.
Section 1. Be it enacted hy the joeojjle of the State of
Illinois, represented in the General Assembly, That the
several persons hereinafter named, be allowed the several Appropriation,
sums annexed to their respective names, for services and
supplies during the troubles in Hancock county, to wit :
Archibald Q. Brown, the sum of fifty dollars, for balance
as services as captain.
Benjamin M. Prentice, the sum of two hundred and fifty-
two dollars and forty cents, for services as first lieutenant.
Stephen Banning and Robert Todd, each the sum of
seventeen dollars and seventy-five cents, for the hire of
teams.
Chancy Robinson, the sum of twenty dollars, for supplies
furnished the quartermaster's department.
John E. Johnston, the sum of seventy dollars and twen-
ty-five cents, for the hire of teams and supplies.
1851.
102
P. M. Lockwood, the sum of forty dollars and thirty-
eight cents, for supplies.
E. A. Bedell, one hundred and fifteen dollars and sixty-
nine cents, for supplies.
Jonathan Clark, the sum of thirty-one dollars and fifty-
nine cents, for supplies.
And that the auditor of public accounts issue to them,
respectively, his warrants therefor.
Approved Feb. 12, 1851.
In force Febru-
ary 12, 1851.
AN ACT to incorporate the Shawnee Coal Company.
Min
Section 1. Be it enacted by the people of the State of
Illinois, 7^e])resented in the General Assembly, That Peas-
Corporation, ly Chamberlin and Ballard Smith, their associates, succes-
sors and assigns, are hereby constituted a body corporate
and politic, by the name of the "Shawnee Coal company,"
for the term of fifty years, with power to contract and be
contracted with, sue and be sued in that name, in all courts
and places, to have a common seal, to engage in mining
coal upon the lands now owned by said Chamberlin, in
township ten south, of range nine east of the third principal
meridian, in the county of Gallatin, and state of Illinois ;
Manufacturing, and also to engage in the manufacture of the products of
the said lands situate as aforesaid, and to appoint such offi-
cers and make such by-laws and regulations for the gov-
ernment of the company as may be necessary and proper;
to acquire and hold the said lands and lands for depots and
landings, and such personal estate as may be necessary in
the prosecution of their business.
§ 2. The capital stock of said company shall be one
hundred and fifty thousand dollars, with power to increase
the same to any sum not exceeding five hundred thousand
dollars. The said company may be organized upon the
subscription of fifty thousand dollars, but that twenty-five
per cent, of every subscription shall be paid at the time of
subscription, and the residue within a short and reasonable
time thereafter.
§ 3. That said company may construct a railroad from
their lands aforesaid, at a point not less than one half mile
from the Saline river, in as direct a line as possible, to some
good landing on the Ohio river, at a point not less than
three and a half miles above the mouth of said Saline riv-
er; and should said company not be able to agree with the
owners of lands necessary for the location of said road, it
may acquire the right of way under the provisions of the
Capital stock.
Railroad.
Right of way.
103 1851.
laws of this state now in force ; and when the damages are
assessed and paid, or tendered, according to said provi-
sions, said lands shall be vested in said company for the use
of said road. The said company shall be required to trans-
port on the said road not only articles of their own mining
or manufacture, but all coal delivered in tlicir burden cars
at the depot at the bluffs, to the said landing, at a rate not
exceeding one half cent, per hundred, per mile. Said com-
pany may construct railroads from their mines on said lands
to the said Saline river, with the same requirements as to
transportation: Provided^ that such last mentioned roads pj.QYjg^
are constructed only upon their own lands, or upon the
lands of such persons only as may consent to the same,
and voluntarily convey the right of way.
§ 4. Said company may construct and have a dock in Dock.
the Ohio or Saline river, adjoining its own property, for the
repair of steamboats and other water craft, and may im-
prove the landing in said river, where their ])roperty touch-
es the same, by building wharfs or piers : Pruvidcd^ such
improvements do not obstruct the free navigation of said
rivers.
§ 5. That the indebtedness of said company shall not j„je^ty^jj,ggg_
exceed at any one time the sura of twenty thousand dollars ;
and it must have at all times, within this state, property equal
in value to three times the whole amount of its indebted-
ness.
§ 6. This act shall not be so construed as to infringe or Hestriction.
interfere with any of the rights of the Saline Coal and Man-
ufacturing company, incorporated at this session of the
general assembly of this state.
§ 7. This act to take effect from and after its passage.
Approved Feb. 12, 1851.
AN ACT to authorize the construction of the Savanna Branch Railroad. In force Feb.l2,
1861.
Section 1. Be it enacted by the people of the State of
Illinois, represented in the General ^^sscmbli/, That the
Savanna Branch Railroad company be and they are here- Construction of
by authorized to commence and build a railroad at and ^^^^\ ^^^
from the town of Savanna, in the county of Carroll, and
state of Illinois, in an easterly and north-easterly direction,
tlirough a part of the counties of Carroll and Stephenson,
on the most practicable route, to intersect the Galena and
Chicago Union railroad, or the Galena branch of the Cen-
tral railroad, at some convenient point within fifteen miles
of the town of Freeport, in said county of Stephenson ;
and the road above mentioned is hereby declared to be of
1851. 104
Private proper- Sufficient public Utility to justify the taking of private pro-
*^" perty for the constructing and maintaining of the same.
§ 2. This act to be in force from and after its passage.
Approved February 12, 1851.
In force Feb. 12, AN ACT to enable certain ferries in Pike county to pay license tax in work on roads.
1851.
Section 1. Be it enacted by the people of the State of
Illinois, represented in the General Assembly, That the
Paymant of tax. proprietors of all ferries on the Mississippi river, licensed
by the county of Pike, may discharge the annual tax asses-
sed by said county for said license in work upon the road or
roads leading to each of said ferries. Said work to be
done under the direction of the commissioners of hio-h-
ways of the towns in which said roads are situated.
This act to take effect from and after its passage.
Approved Feb. 12, 1851.
In force Feb.l2, AN ACT for the relief of Micliael Rickard.
1851.
Section 1. Be it enacted by the people of the Stat9 of
Illinois, represented in the General Jlssemhly, That the
Authority to au- board of Supervisors of Hancock county be authorized and
required to audit the account of Michael Rickard, school
commissioner of Hancock county, for services in making
report to the auditor of public accounts of all school lands
in said county relinquished to the state, in pursuance to the
act of the general assembly, approved February twenty-
ty-fifth, in the year of our Lord one thousand eight hundred
and forty-three, and allow the said Michael Rickard such
sum as may be deemed just and right, to be paid out of the
county treasury of said county.
§ 2. This act shall be in force from and after its passage.
Approved Feb. 12, 1851.
105 1851.
AN ACT to vacate a part of Grove street, in Pet«rs' addition to the town of Pitts- In force Feb. 12,
field, and certain streets in Doyle and Palmer's addition. 1S51.
Section 1. Be it enacted by the jieople of the State of
Illinois, reprfsented in the General Assembly, That so
much of Grove street, in Peters' addition of lots to the town ^*i"®®' vacated.
of Pittsfleld, in tho county of Pike, as lies on the north side
of Perry street, in said addition to said town, be and the
same is hereby vacated, and hereby abolished and done
away with, as if the same had never been located.
§ 2. That so much of North street as lies between other streets va-
blocks one, two, three and four, and blocks seven, eight, cated.
nine and ten; also, so much of an alley as lies between
blocks one and tvv'o and nine and ten ; and also so much of
West and Liberty streets as lies north of Perry street, all in
Doyle and Pahner's addition to the town of Pittsfield afore-
said, be and the same is hereby vacated and abolished.
This act to take effect from and after its passage.
Approved Feb. 12, 1851.
AN ACT concerning the Elgin and Genoa Plank Road. In force Feb. 12
1851.
Section 1. Be it enacted by the 2Jeo]jle of the State of
Illinois, rejiresented in the General Jissemhly, That the
Elgin and Genoa Plank Road company, organized March i^eiease.
nineteenth, A. D. one thousand eight iiundred and fifty,
under the general plank road law, for the purpose of con-
structing a plank road from a point on the north line of Du
Page county, about seven miles south-east ol Elgin, via
Elgin and Munn's store, in Burlington, to Genoa, be and
are hereby released from the obligation of constructing
that part of said road lying east of Elgin as aforesaid : Pro- Proviso.
vided, that the directors, in full board, shall first pass an or-
der making such relinquishment, which shall be certified
by the president and secretary of the board of directors,
and filed in the office of the secretary of state ; and the
same shall take effect from the time of filing said order.
§ 2. Said company shall have a right to use the whole Use of state or
width of any state or county road on the line of said plank ^^^"'^'y ™'^~'
road, for the purpose of constructing the same, by agree-
ment with the county court ; and all persons residing on
the line of said plank road shall have the privilege of doino-
their highway work on said plank road, m commutation of
toll for the use of the same.
§ 2. The said company may macadamise or gravel such Pait of road
portion or portions of said road as the directors thereof iu»yi"jmacad-
deem suitable for such purpose, instead of planking, and
1851.
106
Proviso.
collect tolls thereon at two-thirds the rate they are allowed
to collect on the plank road : Provided^ they shall, at all
times, keep such parts of the road in good condition and
repair.
Approved Feb. 12, 1851.
In force Feb.l2,
1S51.
AN ACT to incorporate the Granville Academy.
Corporation.
Proviso.
Section 1. Be it enacted by the people of the State of
Illinois, represented in the General Assemhly, That Ralph
Ware, Jeremiah Strawn, Charles Williams, Theron D.
Brewster, John P. Hayes, Thomas Ware, William A. Pen-
nell, Joel W. Hopkins, Robert Moore, James Warnock,
Andrew Wardlaw, Freeman Packenham, J. S. Bullock and
Dixwell Lathrop, and their successors, be and they are
hereby created a body politic and corporate, to be styled
" The Trustees of the Granville Academy," and in that
name to remain in perpetual succession, with power to sue
and be sued, plead and be impleaded, to acquire, hold and
convey property, real and personal, to have and use a com-
mon seal, to alter the same at pleasure, and to make and
alter such by-laws as they may deem necessary for the
government of said institution : Provided, such by-laws be
not inconsistent with the constitution and laws of the Uni-
ted States or of this state. For the present, the individu-
BoarJ trustees, als abovc named shall constitute the board of trustees, with
power to fill the remaining vacancies at their discretion.
The trustees, in order to have perpetual succession, shall
have power, as often as a trustee shall be removed from
office, die, resign or move out of the state, to appoint a
resident of this state to fill the vacancy in the board. The
number of trustees shall not exceed eighteen, nor be less
than nine. One third of the trustees for the time being
shall be a quorum to do business.
§ 2. The trustees shall hold the property of said insti-
tution solely for the purpose of education, and not as stocks
for the individual benefit of themselves or of any contri-
butor to the endowment of the same ; and no particular
religious faith shall be required of those who shall become
trustees or students of the institution.
§ 3. Said institution shall remain located on its present
site, adjoining the plat of the town of Granville, in Put-
nam county, and the said trustees shall be competent in
Bight to acquire l^w and equity to take to themselves and their successors
property. in office, in their said corporate name, any estate, real,
personal or mixed, by the gift, grant, bargain and sale, con-
veyance, will, devise or bequest, of any person or persons
Vacancies.
Property.
Keliorious faith. '
Location.
107 1851.
whomsoever, and the same estate, whethpr real or personal,
to grant, bargain, sell, convey, demise, let, place out on Conveyances,
interest, or otherwise dispose of, for the use of said institu-
tion, in sucii manner as shall seem to them most beneficial
for the institution. Said trustees shall faithfully apply all
funds collected, or the proceeds, according to their best Application of
judgment, in erecting and completing suitable buildings,
or in purchasing land for the necessary use of said corpo-
ration, and supporting the necessary officers, instructors,
instructresses, assistants and servants, and procuring books,
maps, philosophical and other apparatus necessary to the
success of said institution: Provided, that in case any Proviso,
donation, devise or bequest shall be made for any particu-
lar purpose, accordant with the design of this institution,
and the corporation shall accept the same, every donation,
devise or bequest so made shall be applied in conformity
with the express conditions of the donor or devisor.
§ 4. The treasurer of this institution always, and all Bonds.
other agents when required, before entering on the duty of
their appointment, shall give bond for the security of the
corporation, in such penal sums and with such securities as
the board of trustees shall approve, and all process against l^cgai proccre.
tlie corporation shall be by summons, and the service of
tlie same shall be by leaving an attested copy thereof with
tlie treasurer, at least thirty days before the return thereof.
§ 5. The trustees shall have power to employ and ap- Trustees.
point a principal for said institution, and also such instruc-
tors and assistants as may be necessary, and shall have
power to displace any or either of them, as they may deem
the interest of the institution may require, to fill all vacan-
cies which may occur by death, resignation or otherwise
among said officers, and to prescribe and direct the course
af study to be pursued in said institution.
§ 6. The lands within the bounds of this state, held in Limitation of
perpetuity by this charter, shall not exceed one thousand
acres held at any one time : Provided, if donations in land proviso.
shall be made at any time to said corporation, whicli shall
increase the quantity to more than one thousand acres, the
same may be received and held in trust by said board of
trustees, and shall be sold within five years from the date of
such donation, for the benefit of said institution ; in failure
whereof the lands so given shall revert to the donor or
grantor of the same, and the said trustees shall in no case
lease or rent out any lands so held in trust as last aforesaid.
§ 7. This act shall take effect and be in force from and
after its passage.
§ 8. The act incorporating Granville Academy, ap- Act repealed,
proved January thirty-first, eighteen hundred and thirty-
seven, is hereby repealed.
Approved Feb. 12, 1851.
22 ■■••■ f.-'^Wn^', :.■....:,■
1851. 108
T force Feb 1'' ^^ ^^'^ entitled an act to incorporate the Illinois and Wisconsin Eailroad Company-
1351.
Section 1. Be ii enacted bt/ the people of the State of
Iltinois, represented in the General Assembly^ That Neill
Corix)rators. Donelly, Phineas H. Piatt, Enos W. Smith, Henry Sher-
man, John McClure, Itherian Taylor, Josiah D. Wight,
Lindsay Joslyn, Michael A. McCahill, George H. Bently,
Joseph Goldin, William Sloam, Martin Small, and their as-
sociates, successors and assigns, be and they are hereby
authorized and empowered to associate themselves togeth-
er by the name and style of the "Illinois and Wisconsin
Object of corpo- Railroad company," with all the rights, privileges and im-
ration. munities that may be acquired by any railroad company un-
der and by virtue of the provisions of an act entitled -'An
act to provide for a general system of railroad incorpora-
tions," approved Nov. 5th, 1849; and the said company, when
organized under the provisions of said act, are hereby au-
thorized to take private property, in the manner prescribed
by said act, for the purpose of building and maintaining a
railroad from the north line of the county of McHenry, in
the state of Illinois, thence to the village of Woodstock in
. .. said McHenry county, thence to such point on the Chicago
and Galena Union railroad as may be deemed practicable
to form a junction with the above named Chicago and Ga-
lena Union Railroad company, in the counties of Cook,
Junctions. Kane and McHenry. And it is further provided, that the
said Illinois and Wisconsin Railroad company may have
power, and they are hereby authorized, to unite and form a
junction with any other railroad company in the counties of
Kane and Cook, on such conditions as the said Illinois and
Wisconsin Railroad company may deem proper. And it is
further provided, that the said Illinois and Wisconsin Rail-
road company are hereby authorized and empowered to
unite or consolidate their road with any railroad company
now incorporated, or that may hereafter be incorporated in
the state of Wisconsin, and place the said road when con-
solidated under the control and supervision of a joint board
of directors, upon such conditions, provisions and limita-
tions as may be mutually agreed upon by said railroad com-
Stateinent ofpanieS.
^pitai stock, ^ 2, The said Illinois and Wisconsin railroad, when or-
ganized as aforesaid, shall make out a statement and forward
it to the secretary of this state, at the end of each year,
showing the amount of capital stock of said company, and
the amount of indebtedness and resources of said company,
taking the aggregate amount of expenditures, receipts and
resources per mile of the whole distance of said road in this
state, any thing in the twenty-eighth and twenty-ninth sec-
tions of the general railroad law of the state of Illinois, ap-
proved November fifth, one thousand eight hundred and
forty-nine, to the contrary notwithstanding.
109 1851.
§ 3. The said Illinois and Wisconsin Railroad company Extension,
shall have full power, and they are hereby authorized, at
any future time, not to exceed fifty years, if they should
deem it practicable, to extend their railroad from the vil-
lage of Woodstock, in the county of McHenry, in this state,
to the city of Chicago, in the county of Cook ; and they
shall have full power to unite or connect with any compa-
ny or corporation associated together for railroad purposes
in said city of Chicago, and county of Cook, and the said
company may unite or connect with any railroad company
or corporation running from the south part of this state and
terminating at Chicago, or with any company or corpora-
tion running from tlie east, through the state of Indiana,
and terminating at Chicago or passing through Chicago.
§ 4. The capital stock of said company is not to exceed l^'i^itation of
one million of dollars, and this charter shall expire at the ''''^'''''' '^'"'^'
end of fifty years.
§ 5. Tliis act to take effect from and after its passage.
■ Approved Feb. 12, 1851.
AN ACT to vacate a part of the town plat of Woodstock, in the county of McIIenry. in force Fcb.l2
1831.
Section 1. Be it enacted by the people of the State of
Illinois, represented ill the General Assembly, That that part
of the town plat of Woodstock, in the county of McHenry, ^YatvacS
lying north of Jacksoji street and west of Hayward street,
and that part of Hayward street lying north of Judd street,
and that part of Calhoun street lying west of Hayward
street and West street, in said Woodstock, be and the same
is hereby declared to be vacated.
Approved February 12, 1851.
AN ACT concerning the bridge across Fox river at Elgin, Kane county. In force Feb.l2.
1851. "
Section 1. Be it enacted by the 'people of the State of
Illinois, represented in the General Assembly, That the
commissioners of highways of the town of Elgin, in the^^^°
county of Kane, be and are hereby empowered to levy a
tax upon the property of said town, for an amount sufficient
to pay the indebtedness of said town on account of the
construction of the bridge across Fox river at Elgin, in the
year one thousand eight hundred and forty-nine.
1851.
110
Assessment.
Authority to
collector.
Bond.
Disbursement.
§ 2. Said tax shall be levied from the assessment of the
year A. D. one thousand eight hundred and fifty, as taken
by the town assessor.
§ 3. The town collector is hereby authorized to collect
said tax, and the tax list put into his hands by the commis-
sioners aforesaid, and certified by them, shall be a sufficient
warrant for him so to do, and for such purpose he is invest-
ed with the same powers and duties as he has in the col-
lection of state and county taxes.
§ 4. The collector shall give bonds and shall pay into
the hands of said commissioners all said moneys that are
collected in said list, within ninety days from the time of
receiving the list.
§ 5. The moneys shall be disbursed by the commissioners,
and their accounts thereof audited by the town board of
auditors, at their next meeting thereafter.
§ 6. This act shall take effect and be in force from and
after its passage.
Approved February 12, 1851.
In force Feb.l2,
1851.
License.
Limitation.
Proviso.
AN ACT to authorize Thomas S. ParlvS to keep a ferry across the Mississippi river.
Section 1. Be it enacted hxj the people of the State of
Illinois, represented in the General Jissembly, That Thom-
as S. Parks, of the county of Jo Daviess, is hereby author-
ized and licensed to keep and maintain a ferry across the
Mississippi river, from a point at or near the jurisdiction
line of the counties of Jo Daviess and Carroll, on the Mis-
sissippi river, called Huntsville, to a point at or near the
mouth of the Great Moquewketa river, on the opposite side
of said river, in the county of Jackson, in the state of Iowa.
And the said Thomas S. Parks, his heirs and assigns, shall
have the exclusive right of having, maintaining and using a
ferry across the said river, for three miles above and below
the place or points aforesaid, and to have and receive all ad-
vantages and emoluments arising from the use of said ferry,
for and during the period of fifteen years : Provided, how-
ever, that the county court of Jo Daviess county shall have
the right to assess an annual tax on said ferry, not exceeding
ten dollars. And this act shall be deemed a contract between
the state and said Parks, his heirs or assigns ; the said Parks,
his heirs and assigns agreeing on his or their part, in con-
sideration of the privileges granted, to keep the said ferry
and use the same according to the laws of the state regu-
lating ferries.
Ill 1851.'
§ 2. This act may be repealed, altered, amended or Right to repeal.
modified, whenever the public good may require.
This act shall take effect and be in force from and after
its passage.
Approved Feb. 13, 1851.
AN ACT to amend the act incorporating Jacksonville. In force Feb. 13,
Section 1. Be it enacted by the people of the State of
Illinois^ represented in ihe General ^ssembl.i/, That the
twenty-first section of the act entitled "An act better to '^^^^P'-'*
provide for the incorporation of the town of Jacksonville,"'
in force on the tenth day of February, one thousand eight
hundred and forty-nine, shall be and the same is hereby re-
pealed ; and the president and trustees of the town of
Jacksonville are vested with power to create such subordi-
nate offices, and appoint and remove at pleasure the offi- Sw^^^,°^dinate offi-
cers, as they shall determine to be necessary to the accom-
plishment of the objects and ends of the act of incorpora-
tion, and to provide for the fees and compensation of said
officers, and to regulate tlieir duties.
§ 2. The limits and bounds of the said corporation of Limits extend-
Jacksonville shall be and tiie same are hereby extended one
half mile in each direction, so that the limits of the corpo-
ration shall be two miles square ; and the corporation shall
be bound to keep the roads in repair to the extent of the
boundary thereof, and no further.
§ 3. The president and trustees of said town shall not Extension of
have power to extend the streets and alleys of said town, ^^'■'^^*^-
open any new street or alley through private pro})erty, un-
less with the consent of the owners thereof; and no lands
used and cultivated for agricultural purposes, within the cor-
porate limits, shall be subject to a corporation tax.
This act shall take effect on the passage thereof.
Approved Feb. 13, 1851.
AN ACT to legalize the incorporation of the city of Bellevine, and the official acts of In force Feb.13
the city council of said city, and to empower said city to borrow money at a rate of 1851.
interest not exceeding ten per centum per annum.
Section 1. Be it enacted by the people of the State of
Illinois, represented in the General >/isscmbly, That the in- ^^^^^^^^^^.^^
corporation of the town of Belleville as a city, on the thir- legalized.
1851. 112
tieth day of March, A. D. one thousand eight hundred and
fifty, in pursuance of the fifth section of an act entitled
"An act to incorporate towns and cities," passed February
tenth, eighteen hundred and forty-nine, be and the same is
hereby legalized.
Official a ts 1 ^ ^' '^^^^ ^^^ the official acts of the city council and
gaiized. mayor, or either of them, of said corporation, done since
the election of its members, and which, in case of the orig-
inal legality of said incorporation, would have been accor-
ding to law up to the period when this act shall take effect,
be and the same are hereby legalized.
Authority to ^ ^' That the third section of the fifth article of the
borrow money, charter of Said city of Belleville be so amended as to au-
thorize and empower said city of Belleville to borrow money,
at a rate of interest not exceeding ten per centum per
annum.
§ 4. Tliis act to take effect from and after its passage.
Approved February 13, 1851.
I^ ^"'■fali®^ ^■'' AN ACT to aid the Jonesboro Plank Eoad Company.
1851
Section 1. Be it enacted by the people of the State of
1 . r ■ . Illinois, represented in the General Assembly, That the in-
i uty of inspect- x-jti ^ ^ -rr ■
or?. spectors appointed by the county court of Union county to
inspect the Jonesboro plank road, be required, when any one
mile of the said road be completed, to inspect the same, as
required by the twenty-fifth section of "An act to provide
for the construction of plank roads by a general law."
ToU-ffateg ^ ^* '^'^^^ Upon filing the certificate of the inspectors,
or a majority of them, as specified in the twenty-sixth sec-
tion of the act above referred to, the said company may
erect one or more toll-gates on the said road, and to receive
Tolls. the following rates of toll : for every vehicle drawn by one
or two animals, five cents per mile ; for every vehicle drawn
by three or four animals, ten cents per mile ; for every ve-
hicle drawn by five or more animals, fifteen cents per mile ;
for every five of neat cattle, ten cents per mile; for every
ten of sheep or swine, ten cents per mile; for every horse
and rider or led horse, five cents per mile.
§ 3. This act to take effect from and after its passage.
Approved Feb. 13, 1851.
113 1851.
AN ACT to vacate ceitain streets in the town of Oregon, in Ogle county, Illinois. In force Feb.l3,
18-51.
Section 1. Be it enacted by the people of the State of
Illinois, represented in the General Assembly, That the
following named parts of streets in tlie town of Oregon, i'^ ^^^|!^t°J '''■'^^*^
Ogle county, Illinois, to wit : all that part of Franklin ^^"^ *" ■"
street lying east of block thirty-four and thirty- five, and
that all part of Second street lying east of block thirty-five,
and all of Water street from Washington street to the north
line of said town, be and the same are hereby vacated.
This act to take effect from and after its passage.
Approved February 13, 1851.
AN ACT supplemental to an act entitled "An act to incorporate the Terre Haute and In force Feh.lo,
Alton Railroad Company. 1851-
Section 1. Be it enacted by the peop)le of the State of
Illinois, represented in the General Assembly, That up-
on the request of said company, in writing, it siiall be the Sale of materi
duty of the governor to offer at public sale, to the highest J^J^^''-'^^*''
bidder, for any str.te indebtedness, payable in twelve months
after the day of sale, all the materials, stone, embankments,
excavations and grading obtained, furnished, done and
owned by or in behalf of the state of Illinois for or on ac-
count of the Central branch railroad, from Shelbyville to
the state line of Indiana, or the railroad from Lower Al-
ton to intersect the Central railroad ; and that the governor
shall give sixty days' notice of the time and place of such
sale, by publication in one newspaper published in the city
of Alton, and one in Charleston, Illinois, and he shall exe-
cute a certificate to the purchaser thereof, which shall vest
in the purchaser all the right of the state thereto and therein.
§ 2. That for the sole purpose of aiding in the location
and construction of the railroad mentioned in the act to ^^'S^^* <^f ^^^
which this is a supplement, the right of way over and
through any lands owned by the state is hereby ceded and
granted to said corporation.
§ 3. This act shall be in force from and after its passage.
Appeoved Feb'y 13,1851.
1851.
114
la force Feb. 14,
1851.
Corporation.
Powers,
AST ACT to incorporate the learian Community.
Section 1. Be it enacted hy the jJeople of the State of
Illinois^ represented in the General Jlssemhly^ That Eti-
enne Cabet, J. Pendant, P. J. Tavard, Andre Thebant, Al-
fred Pignnard and Jean J. Witzig, and their associates and
successors, be and they are hereby constituted a body pol-
itic and corporate, by the name and style of the " Icarian
Community," and by that name they and their successors
shall and may have perpetual succession, shall be capable
of suing and being sued, defending and being defended,
pleading and being impleaded, answering and being an-
swered, within all courts and places whatsoever ; they may
have a common seal and alter or change the same at pleas-
ure; may purchase and hold or convey real and personal es-
tate necessary to promote and fully carry out the objects
and interests of said corporation, but for no other purpose.
§ 2. The capital stock of said company shall be one
hundred thousand dollars, with the privilege of increasing
the same to five hundred thousand, to be divided into shares
of one hundred dollars each, but no one individual shall
own more than one share. In all elections or questions to
be decided by a vote of said company, each share, when
owned by an adult male, shall have one vote, which must
be cast in person.
^ § S. The business of said company shall be manufactu-
ring, milling, all kinds of mechanical business and agricul-
ture.
§ 4. The said company shall have six directors, to be
elected annually, one of whom siiall be president, who shall
have the management of the concerns of said company,
subject to the by-laws to be adopted.
Commissioners. § &. The persons named in the first section of this act
shall be commissioners to take subscriptions and organize
said company, and shall be the directors thereof until di-
rectors shall be elected. The stock of said company shall
be assignable, subject, however, to the regulations of the
by-laws relating thereto.
§ 6. The said company may pass such by-laws concern-
ing the government of the property and business of said
company, and regulating its internal policy, and for other
purposes directly connected with the business and manage-
ment of said company, as they may deem proper, not incon-
sistent with the constitution and laws of this state.
§ 7. This act shall be deemed and taken as a public
act, and shall be construed liberally for the benefit of said
company : Provided^ that the legislature shall have power
to alter, amend, modify or repeal the same whenever the
public good shall require.
This act shall lake effect sixty days after its passage.
Approved Feb. 13, 1851.
Capital stock.
Votes.
Business^
Directors,
By-lavra„
Right to repeal
115 1851.
AN ACT to charter the City of Peru. In force March
15, 1851, if ap-
ARTICLE FIRST. — Of Boundaries and General Powers, peopieof Peru,
Section 1. Be it enacted hy the people of the State of
Illinois^ represented in the General ^ssenibly, Tliat the
inhabitants of the town of Peru, in the county of LaSalle, Body politic
and state of Illinois, be and they are hereby constituted a '^°'i corporate.
body politic and corporate, by the name and style of the
"City of Peru," and by that name shall have perpetual suc-
cession, 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: the south half of section number Limits,
sixteen, the south-east quarter of section number seventeen,
and the north-east fractional quarter of section number
twenty, and all of section number twenty-one, north of the
Illinois river. Said boundaries to extend to the south side
of the Illinois river.
§ 3. Tiie present board of trustees of the town of Peru
shall, on the first Monday of April next, divide the said city ^''^^^'^'
of Peru into two wards, as nearly equal in population as
practicable, particularly describing the boundaries of each.
§ 4. Whenever any tract of land adjoining the city of
Peru 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 Peru.
§ 5. The inhabitants of said city, by the name 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,
receive 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 pub-
lic purposes, for the use of the inhabitants of said city ; to
sell, lease and convey or dispose of property, real and per-
sonal, for the benefit of the city, and to improve and pro-
tect such property, and to do all other things in relation
thereto as natural persons.
ARTICLE SECOND.— 0/ the City Council
Section 1. There shall be a city council, to consist of
a mayor and board of aldermen. Officers,
§ 2. The board of aldermen shall consist of two mem-
bers from each ward, to be chosen by the qualified voters, •
for two years.
§ 3. No person shall be an alderman unless at the time
of his election he shall have resided six months within the Qualification.
limits of the city, and shall be at the time of his election
twenty-one years of age, and a citizen of the United States.
1851.
116
Tenure.
Determination
of qualifica-
tions.
Quorum.
Powers.
Journal.
Vacation of of- § 4. If any alderman shall, after his election, remove
^°^' from the ward for which he is elected, his office shall be
thereby declared vacated.
§ 5. At the first meeting of the city council, the alder-
men shall be divided, by lot, into two classes — the seats of
those of the first class shall be vacated at the expiration of
the first year, and of the second class at the expiration of
the second year, so the half of the board shall be elected
annually.
§ 6. The city council shall judge of qualifications, elec-
tions and returns of their own members, and shall deter-
mine 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 mem-
bers, under such penalties as may be prescribed by or-
dinance.
§ 8. The city council shall have power to determine the
rule of its proceedings, punish its members for disorderly
conduct, and with the concurrence of two-thirds of the
members elected, expel a member.
§ 9. The city council shall keep a journal of its pro-
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.
Disquaiificat'n. § 10. No alderman shall 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 which he shall have been elected.
§ il. All vacancies that shall occur in the board of al-
dermen shall be filled by election.
§ 12. The mayor and each alderman, before entering
upon the duties of their office, shall 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.
§ 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.
§ 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.
Vacancies.
Oath
Tie.
Meetings.
ARTICLE THIRD.— 0/ the Chief Executive Officer.
Mayor.
Section 1. The chief executive officer of the city shall
be a mayor, who shall be elected by the qualified voters of
117 1851.
the city, and shall hold his office for one year, and until his
successor shall be elected and qualified.
§ 2. No person shall be eligible to the office of mayor Eligibility,
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 sliall Vacancy.
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 cer-
tify the same same to the city council, who shall proceed to
determine the same by lot, in such manner as may be pro-
vided by ordinance.
§ 5. Whenever an election of mayor shall be contested, contested eiec-
the city council shall determine the same as may be pre- ^ions.
scribed by ordinance.
§ 6. Whenever any vacancy shall happen in the office Vacancy, how
of mayor, it shall be filled by election. ^^^^^'
ARTICLE FOURTH.— 0/ Elections. •
Section 1. On the first Monday of April next, an tions.
election shall be held in each ward of said city, for one
mayor 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 held for one mayor for the city, and
one alderman for each ward ; tlie first election for mayor
and aldermen shall be held, conducted, and returns there-
of made, as may be provided by ordinance of the present
trustees of the town of Peru.
§ 2. All free white male inhabitants over the age of voters.
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 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 unless the person
oflfering such vote shall have been an actual resident of the
ward where the same is offered, at least ten days next pre-
ceding such election.
ARTICLE FIFTH.— 0/ the Legislative powers of the
City Council.
Tax
Section 1. The city council shall have power and au- ' »
thority to levy and collect taxes upon all property, real and
personal, within the limits of the city, not exceeding one-
1851.
118
Officers.
Bonds.
half per cent, per annum upon the assessed value thereof,
and may enforce the payment of the same in any manner
to be prescribed by ordinance, not repugnant to the consti-
tution of the United States and of this state.
§ 2. The city council shall have power to appoint a
clerk, treasurer, assessor, marshal, supervisor of streets,
and all 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
penalty and security, for the faithful performance of their
respective duties, as may be deemed expedient, and also to
require all officers appointed as aforesaid, to take an oath
for the faithful performance of the duties of their respec-
tive offices, before entering upon the discharge of the same ;
to establish, support and regulate common schools ; to bor-
row money on the credit of the city, provided that no sum
or sums of money shall be borrowed at a greater interest
than at 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 tax-
es assessed on real property, within the limits of the cor-
poration.
§ 4. To appropriate money and provide for the payment
of the debts and expenses of the city.
§ 5. To make regulations to prevent the introduction
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 the
government of the same.
§ 7. To make regulations to secure the general health
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 '
and pumps in the streets, for the convenience of the inhab- ^
itants. I
§ 9. To open, alter, abolish, widen, extend, establish, |
grade, pave, or otherwise improve and keep in repair, streets, I
avenues, lanes and alleys. j
§ 10. To establish, erect and keep in repair bridges. |
§ 11. To divide the city into wards, alter the bounda- j
ries thereof, and erect additional wards as the occasion may f
require.
§ 12, To provide for lighting the streets, and erecting ;
lamp-posts.
§ 13. To establish, support and regulate night watchers.
§ 14. To erect market houses, to establisli markets and
market places, and provide for the government and regula-
tion thereof.
119 1851.
§ 15. To provide for the erection of all needful build-
ings for the use of tlie city.
§ 16. To provide for enclosing, improving and regula-
ting all public grounds belonging to tlie city.
§ 17. To improve and preserve the navigation of the
Illinois river within the limits of the city.
§ 18. To erect, repair aad regulate public wharves and
docks, to regulate the erection and repair of private
wharves, and the rates of wharfage thereat.
§ 19. To license, tax and regulate auctioneers, mer-
chants, retailers, grocers, taverns, ordinaries, hawkers,
pedlers, brokers, pawn-brokers and money changers.
§ 20. To license, tax and regulate hackney carriages,
waggons, carts and drays, and fix the rates to be cliarged
for the carriage of persons, and for the waggonage, cartage
and drayage of property.
§ 21. To license and regulate porters and fix the rate
of porterage.
§ 22. To license, tax and regulate theatrical and other
exhibitions, shows and amusements.
§ 23. To tax, restrain, prohibit and suppress tippling
houses, dram shops, and gaming houses, and bawdy houses,
and other disorderly houses.
§ 24. To provide for the prevention and extinguishment
of fires, and to organize and establish fire companies.
§ 25. To regulate or prohibit the erection of wooden
buildings in any part of the city.
§ 26. To regulate the fixing of chimneys, fix the flues
thereof.
§ 27. To regulate the storage of gunpowder, tar, pitch,
rosin, and other combustible materials.
§ 28. To regulate and order parapet walls, and parti- Enumeration of
tion fences. powerB.
§ 29. To establish standard weights and measures, and
regulate the weights and measures to be used in the city,
in all cases not otherwise provided for by law.
§ 30. To provide for the inspection and measuring of
lumber and otlier building materials, and for the measure-
ment of all kinds of mechanical work.
§ 31. 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 the city.
§ 32. To provide for and regulate the inspection of to-
bacco, and of beef, pork, flour, meal and whiskey in bar-
rels.
§ 33. To regulate the inspection of butter, lard and
other provisions.
§ 34. To regulate the weight, quality and price of bread
to be sold and used in the city.
1851. 120
§ 35. To regulate the size of bricks to be sold or
used in the city.
§ 36. To provide for the taking enumerations of the in-
habitants of the city.
§ 37. To regulate the election of city officers, and pro-
vide for removing from office any person holding an office
created by ordinance.
§ 38. To fix the compensation of all city officers, and
regulate the fees of jurors, witnesses and others, for servi-
ces rendered under this act, or any ordinance.
§ 39, To regulate the police of the city, to impose fines,
and 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 such
penalties.
Exclusive pow- § 40. The city council shall have exclusive power
®"' within the city, by ordinance, to suppress and restrain bil-
liard tables.
§ 41. The city council shall have power to make all or-
dinances which shall be necessary and proper for carrying
into execution the powers specified in this act, so that such
ordinance be not repugnant to nor inconsistent with the
constitution of the United States or of this state.
^^^^^- § 42. The style of the ordinances of the city shall be,
" Be it ordained by the city council of the city of Peru."
p bii ti n f ^ ^^' ^^^ ordinances past by the city council shall,
ordiaances. 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 shall have been published as
aforesaid.
Ordinances, § 44. All Ordinances of the city may be proven by the
how proven, geal of the Corporation, and when printed and published in
book or pamphlet form, and purporting to be printed and
published by authority jf the corporation, the same shall be
received in evidence in all courts and places without fur-
ther proof.
§ 45. The city council shall have power to establish
ferries, license and regulate the same on the Illinois river,
within the limits of the city, for the benefit of the inhabitants
and the public.
ARTICLE SIXTU.— Of the 3fai/or.
Section 1. The mayor shall preside at all meetings of
Mayor to pre- the city council, and shall have a casting vote and no other ;
®'**®' in case of non-attendance of the mayor at any meeting, the
board of aldermen shall appoint one of their own number
chairman, who shall preside at that meeting.
§ 2. The mayor, or any two aldermen, may call special
bpecial meet. ^^^^^^^^ ^f ^^6 city COUncil.
121 1851.
§ 3. The mayor shall at all times be active and vigilant ^^I'i^s of may-
in enforcing the laws and ordinances for the government of
the city ; he shall inspect the conduct of all subordinate offi-
cers of said city, and cause negligence and positive viola-
tion of duty to be prosecuted and punished. He shall from
time to time communicate to the aidermen 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 authorized to call on every male in- Posse.
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.
§ 5. He shall have power, whenever he may deem it Exhibit of
necessary, to require of any of the officers of said city, an '^'"oks and pa-
exhibit of his books and papers. ^*^'^**
§ 6. He shall have power to execute all acts that maypo^er.
be required of him by any ordinance made in pursuance of
this act.
§ 7. He shall be commissioned by the governor as a jus- Commission.
tice of the peace for the said city, and as such shall be a
conservator of the peace for the 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 instru-
ments of writing, and certify tiie same under the seal of
the city, which shall be good and valid in law.
§ 8. He shall have exclusive jurisdiction in all cases Exclusive juria-
arising under the ordinances of the corporation, and concur- ^I'^'i^'n-
rent 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 his services in similar cases.
§ 9. He shall also have such jurisdiction as may be vest- Quarantine.
ed in him by ordinance of the city, in and over all places
within five miles of the boundaries of the city, for the pur-
pose of enforcing the health and quarantine ordinances and
regulations thereof.
§ 10. He shall receive for his services such salary as Compensation,
shall be fixed by an ordinance of the city.
§ 11. In case the mayor shall at any time be guilty of a penalty for mis-
palpable omission of duty, or shall wilfully and corruptly be conduct.
guilty of oppression, malconduct, or partiality, in the dis-
charge of the duties of his office, lie shall be liable to be in-
dicted in the circuit court of La Salle county, and, on con-
viction, he shall be fined not more than two hundred dollars,
and the court shall have power, on the recommendation of
Petition.
Juries.
1851. 122
the jury, to add to the judgment of the court that he be re-
moved from office.
ARTICLE SEYENTU.— Of proceedings in Special Cases.
Private proper- Section 1. When it shall be necessary to take private
ty. property for opening, widening or altering any public street,
lane, avenue or alley, the corporation shall make a just com-
pensation to the person whose property is so taken, and if
Damages. ^|^g 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 all the property on a street,
lane, avenue or alley proposed to be opened, widened or
altered, shall petition tlierefor, the city council may open,
widen or alter such street, lane, avenue or alley, upon con-
dition 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 bene-
fits or damages that may accrue thereby to any of the peti-
tioners.
§ 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, widening or al-
tering any street, lane or alley, shall first be sworn to that
effect, and shall return to the mayor their inquest in writing,
and signed by each juror.
§ 4. In ascertaining the amount of compensation for
utyo juries. pj.Qpgj.^y taken for opening or widening or altering any
street, lane, avenue or alley, the jury shall take into con-
sideration the benefit as well as tlie injury happening by
such opening, widening or altering such street, lane, avenue
or alley.
Power of mayor. § &. The mayor shall have power, for good causes
shown, within ten days after any inquest shall have been
returned to him, as aforesaid, to set the same aside, and
cause a new inquest to be made.
S eciaitax § ^' ^^^ ^^^J 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, ave-
nue or alley, according to their respective fronts owned by
them, for the purpose of paving and grading the side-walks
and lighting said street, lane, avenue or alley.
ARTICLE EIGHTH.— Miscellaneous Provisions.
Section 1. The inhabitants of the city of Peru are
hereby exempted from working on any road beyond the
123 1851.
limits of the city, and from paying any tax to procure labor-
ers to work upon the same.
§ 2. The city council shall have power, for the purpose street labor,
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 exceeding 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 eacii day so neglected or refused.
§ 3. The city council shall have power to provide for Finoe, <fcc.
the punishment of offenders, by imprisonment in the county
or city jail, in all cases where such offenders shall fail or re-
fuse to pay the fines and forfeitures which may be recovered
against them.
§ 4. Tiie city council shall cause to be published, an- Annual state-
nually, a full and complete statement of all moneys received ™'^"''"
and exi)ended by the corporation during the preceding year,
and on what account received and expended.
§ h. All ordinances and resolutions passed by the p res- Ordinances.
ident and trustees of the town of Peru, shall remain in ibrce
until the same shall have been repealed by tlie city council
hereby created.
§ 6. All suits, actions and prosecutions instituted, com- Suita..
menced, or brought by the corporation hereby created,
shall be instituted, commenced and prosecuted in the name
of tlie city of Peru.
§ 7. All actions, fines, penalties and forfeitures which Actions.
have accrued to the president and trustees of the town of
Peru, shall be vested in and prosecuted by the corporation
hereby created.
§ 8. All property, real and personal, heretofore belong- Property of fw-
incr to the president and trustees of the town of Peru, for I"'^'" corpora-
the use of the inhabitants of said town, shall be and the
same are hereby declared to be vested in the corporation
hereby created.
§ 9. This charter shall not invalidate any act done by Former acta
the president and trustees of the town of Peru, nor divest valid.
them of any rigiits which may have accrued to tlicm prior
to the passage of this act.
§ 10. The president and trustees of the town of Peru Promuigati<m
shall, immediately after the passage of this act, take meas- '^^ '*^"
ures to promulgate this law within the limits of the city of
Peru, and issue their proclamation for the election of offi-
cers, and cause the same to be published in all the news-
papers of said city, for two weeks in succession, prior to
the day of election for said officers.
§ 11. Appeals shall be allowed from decisions in all Appeals,
cases arising under the provisions of this act, or any ordi-
nance passed in pursuance thereof, to the circuit co urt of
23
1851.
124
Mayor pro tern.
Public act.
Former acts re-
pealed-
City marshal.
Subscription of
stock.
Bonds.
Proviso.
Vote-
Blection.
La Salle county, and every such appeal shall be taken and
granted in tlie 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.
§ 12. Whenever the mayor shall absent himself from the
city, or shall resign or die, or his office shall be otherwise
vacated, the board of aldermen shall immediately proceed
to elect one of their number president, who shall be mayor
pro tern.
§ 13. This act is hereby declared to be a public act,
and may be read in evidence in all courts of law and equity
within this state, without proof.
§ 14. All acts or parts of acts coming within the pro-
visions of this charter, or contrary to or inconsistent with
its provisions, are hereby repealed.
§ 15. The city marshal or any other officer authorized
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 La Salle, and shall be entitled to
the same fees for travelling as are allowed to constables in
similar cases.
§ 16. That the city of Peru, through the common coun-
cil of said city, are hereby authorized to subscribe to the
capital stock of the Rock Island and La Salle Railroad com-
pany, twenty-five thousand dollars, and fifty thousand dol-
lars to any other railroad terminating at the city of Peru ;
and for the purpose of paying such subscription, said city
of Peru through its common council, are hereby author-
ized to make and issue the bonds of said city, bearing in-
terest at a rate not exceeding six per centum per annum,
payable to said company, or any other person or persons or
body corporate : Provided^ however^ whenever such sub-
scription IS proposed to be made, it shall be the duty of the
common council of the city of Peru, to order a vote of the
taxable inhabitants of the city of Peru, who are entitled to
vote in said city, by publication of notice in a public news-
paper printed in said city, stating that upon a certain day,
not less than thirty days from such publication, a vote of
the taxable inhabitants of the city of Peru, entitled to vote,
will be held, to decide whether the city of Peru shall sub-
scribe as proposed by the common council ; said publica-
tion stating the amount proposed to be subscribed, the com-
pany and the amount and the terras of tiie bonds proposed
to be issued ; said vote shall be taken by ballot, at the usual
place of election, and if the majority of the votes cast shall
be in favor of the proposition of the common council, then
the subscription shall be made, otherwise the common
council shall proceed no further witli the same.
§ 17. The president and trustees of the town of Peru
shall cause an election to be held in said town, on the fif-
125 1851.
teenth day of March next, at wliich the inhabitants resid-
ing within the territory described in the second section of
the first article of this act, who are authorized to vote for
state officers, shall vote for or against the adoption of this
charter ; and if a majority of the votes given at such elec-
tion shall be in favor of the adoption of said charter, said
charter shall immediately take effect as a law ; but if a
majority of the votes given shall be against the adoption of
said charter, then this act to be of no effect.
Ai'FKOVEB February 13, 1851.
AN ACI establishing a forry across the Illinois river at Naples, in Scott county. Jn force March
3, 1351.
Section 1. Be it enacted by the people of the State of
Illinois, represented in the General Assembly, . That Mur-
ray McConnell is hereby authorized to establish a ferry Ferry authoriz-
across the Illinois river, between the towns of Naples and '^^"
Columbus, in Scott county, on the east side of the Illinois
river, and the county of Pike, on the west side of the riv-
er, from and to any land belonging to said McConnell on
either side of said river at and opposite said places, and to Rates of fer-
charge such rates of ferriage as have heretofore been allow- '^''^S'^-
ed at the Naples ferry.
§ 2. Said McConnell, his heirs and assigns, shall haveDykee, <k.
the right to make all the necessary dykes, embankments
and other improvements, that he or they may deem neces-
sary to ensure the safety and convenience of persons and
property crossing said ferry ; which improvements may be
erected in any public street or road leading to said river, or
upon the land of the said McConnell over which no street
or road may pass ; and with the same object the said Mc-
Connell may make new roads, and repair the present roads
leading to and from said ferry, and the same rates of tax as
heretofore assessed by the counties of Scott and Pike upon
the Naples ferry shall continue to be paid by the owner of
the ferry hereby established, and no other or greater tax ;
and which tax, when assessed, may be paid by repairing
the streets and roads aforesaid.
§ 3. Be it farther enacted, That sections three, four. Provisions of
five, eight, nine, eleven, twelve and sixteen of chapter for- ■^''^' ^'**°'®^°
ty-two of the Revised Statutes of eighteen hundred and
forty-five, in relation to toll-bridges and ferries, are here
referred to and made a part of this act, so far as said sec-
tions are applicable to ferries. This act is declared to be a
public act, and shall take effect and be in force from and
after the third day of March next.
Approved Feb. 13, 1851.
1851. 126
In force Febru- AN ACT to discharge Henry W. Dorsett and bis sureties.
' ary 14, 1851.
Preamble. Wliereas Henry W. Dorsett, late sheriff of Lake county^
while on his way from said county to the seat of govern-
ment, with the design and intention of settling with the
proper officers, and paying over to them the amount due
the state of the revenue collected by him as such sheriff,
was robbed of the sum of three thousand six hundred and
three dollars, without any fault or negligence on his part j
which said sum, with a certificate of the warden of the
penitentiary for the sum of one hundred and fourteen dol-
lars, to which the said Henry W. Dorsett was entitled,
as a charge against the state, was more than sufficient to
pay off and satisfy all claims due from him to the state,
by virtue of his said office ; therefore,
Section 1. Be it enacted by the people of the State of
Illinois, represented in the General Assembly, That the
^Sy! °^ ^"""said Henry W. Dorsett and his sureties be released and dis-
charged from all liability to the state upon the bond given by
the said Henry W. Dorsett, as sheriff of Lake county, for
the taxes due the state of Illinois for the year of our Lord
one thousand eight hundred and forty-nine.
Approved Feb. 14, 1851.
In force Febra- AN ACT to amend " An act entitled an act authorizinj David and Samuel Mitchell
ary 14, 1851. to establish a ferry across the Mississippi river at Albany, in Whiteside county.
Section 1. Be it enacted by the people of the State oj
Illinois, represented in the General Assembly, That the
Continuance of Said act be and the same is hereby continued in force
^'^^- and amended so as to authorize said Samuel Mitchell to
keep said ferry for and during the term of fifteen years
. from and alter the twenty-sixth day of February, A. D.
1851.
Approved Feb. 14, 1851.
In force Febru- AN ACT to amend "An act to incorporate the colleges therein named," and the act*
»ry 14 1861. amendatory thereto.
Section 1. Be it enacted by the people of the State of
rilinois, represented in the General ^fissembly. That the
ilranberoftrus-act entitled "An act to incorporate the colleges therein
tees increased, named," approved February 9, 1835, and the several acts
amendatory thereto, be and the same are so amended that
127 1851.
the number of trustees of "Shurtliff College," denomina-
ted in said act "Alton College of Illinois," may be increased
to thirty-one : Provided, tiiat not less than seven, under the Proviso.
by-laws of said college, form a quorum for the transaction
of business.
This act to take effect from its passage.
Approvkd February 14, 185L
AN ACT to vacate certain public lots in the town of Como, Whiteside county. In force Febru-
ary 14, 1851.
Section 1. Be it enacted hy the people of the State of
Illinois, represented in the General As sernhly. That blocks
four and nine in the town of Como, county of Whiteside, y™{.g°'^ ^'^
and slate of Illinois, or so much thereof as are recorded on
the plat or map of said town, in the recorder's office of
said county, as public land or ground, be vacated so far as
the same are declared to be public lands or ground, and
that the same shall belong to the proprietor or proprietors
of said town the same as if the said blocks, or any part
thereof, had not been so platted and recorded as public
land or ground, or to their grantee or grantees, assign or
assigns, and that all bona fide conveyances and grants of
lots of land in said blocks, or any part tliereof, heretofore
or hereafter made, be as good and effectual as if the same
had not been platted and recorded as public ground : Pro- Proviso.
vided, always, that this act shall not in anywise affect any
streets or alleys laid out upon said blocks, or either of them.
Approved February 14, 1851.
AN ACT to autliorize Bryan Shawnessy and Henry Simmons to establish a ferry on jj, for^g Febru-
the Ohio river. ary 1,1 1861.
Section 1. Be it enacted hy the people of the State of
Illinois, represented in the General Jlssemhly, That Bryan
Shawnessy and Henry Simmons, their heirs and assigns, be i^eiry authorie-
and they are hereby authorized to establish and keep a fer-
ry across the Oiiio river, at the town of Cairo, in the coun-
ty of Alexander, and are hereby authorized to land their
ferry boats, with teams, stock, carriages, waggons, and
passengers, at the public landing place at the town afore-
said, occupying no more of the landing than is reasonably
necessary for that purpose ; and should the same become
obstructed by sand-bars or otherwise, then they are hereby
1851.
128
Ferriage.
Moi'se or
power.
Tax.
authorized to -remove their landing place to some other con-
venient point on the public landing, suitable to carry on
their ferry privilege, and to use the same for that purpose.
Boats. § 2. They shall at all times keep on hand a sufficient
number of good and sufficient boats so as to affi^rd a safe
and speedy passage to all persons wishing to cross with
their teams, stock, carriages, waggons or otherwise, and a
sufficient number of hands for that purpose.
§ 3. The county court of Alexander shall have the
power to fix and establish such rates of ferriage as they may
think right and just, and shall also have power to levy and
collect from time to time such annual tax on said ferry as
may be equitable and just,
steam § ^' ^^ ^^ should become necessary to use ferry boats
propelled by horse or steam power, then they are hereby
allowed the term of two years in which to prepare said
boats.
§ 5. The tax authorized to be levied by this act shall be
paid to the county, and the county court is hereby required,
before the said Shawnessy and Simmons exercise any of
their rights under this act, to take a bond from them, pay-
able to the county court, in such penal sum as the said
court shall deem right, conditioned that the said Shawnessy
and Simmons, their heirs and assigns, shall, at all times,
keep on hand a sufficient number of good and sufficient
boats at said ferry, and a sufficient number of hands, to af-
ford a safe and speedy passage to all persons wishing to
cross, together with their teams, carriages, waggons and
stock, or otherwise ; which bond may be sued on by any
person or persons aggrieved, in the name of the county
court, for his, her or their use.
Duration. § 6. The powers and privileges herein granted shall
continue for the term of twenty-five years, and power is
hereby reserved to the legislature to change the control of
such ferry privilege from the county of Alexander to the
city of Cairo, if deemed expedient so to do.
§ 7. This act to take effect and be in force from and
after its passage.
Approved Feb. 14, 1851.
in force Febru- AN ACT to extend the time for the payment of certain judgments against the secu-
ary 14,1851. curities of Thomas M. White.
Sectio'n 1. Be it enacted hy the people of the State of
Illinois, represented in the General Assembly, That John
G. Vauters, Plenry M. Wait, Martin Thrall, James M. Judd,
129 1851.
Joel H. John<3on, Ithram Taylor, Elyathan J. Smith and Time extended
Andrew Purvis, the securities of Thomas M. White, late
collector of the revenue of McHenry county for the year
eighteen hundred and forty-six, on his bonds as such col- .-*
lector, be and they are hereby allowed until the first day
January, eighteen liundred and fifty-two, to satisfy a cer-
tain judgment rendered on such bonds in the circuit court
for the county of Sangamon, on the twenty-third day of
July, eighteen liundred and fifty, and that they be discharged
from said bonds and judgment on payment to the auditor
of tliis state, within the time aforesaid, the amount of nine
hundred and twenty-two dollars and sixty-seven cents, to-
gether with six per cent, interest per annum, from the date "
of said judgment until paid.
§ 2. Andhe it further enacted., That Rodolphus Hutch- Extension of
inson, Lawrence S. Church, William Barnes, Enos W\ time to other
Smith, Elyathan J. Smith, Martin Tlirall and Henry D.
HufF, the sureties of Thomas M. White, late collector of
the revenue of McHenry county for the year eighteen hun-
dred and forty-seven, on his bonds as such collector, be and
they are hereby allowed until the first day of January,
eigiiteen hundred and fifty-two to satisfy a certain judg-
ment rendered on said bond in the circuit court for Sanga-
mon county, on the twenty-third day of July, eighteen hun-
dred and fifty, and that tiicy be discharged from said bond
and judgn ent on payment to the auditor of this state,
within the time aforesaid, the amount of twenty-two hun-
dred and forty-five dollars and ninety-four cents, together
witli six per cent, interest thereon per annum, from the date
of said judgment until paid : Provided., that nothing in this Proviso.
act shall be construed to discharge the said Thomas M.
White from said bonds or judgments, but he shall remain
liable upon the same: Provided, that the said sureties are
hereby released from the interest charges on said accounts
and included in said judgments; and the auditor, upon final
settlement, shall credit and allow the amount thereof to
said sureties.
Approved Feb. 14, 1851.
AN ACT to amend tbe Salisbury Plank Road Charter, approved Feb. 12, 1849. In force Febru-
ary 14, 1851.
Section 1. Be it enacted hy the people of the State of
Illinois, represented in the General %/issembly, That the
Salisbury Plank Road Charter be and the same is hereby Amendment.
so altered and amended as to authorize the termination of
said plank road at any point upon the south side of the lUi-
1851.
Section repeal-
ed.
130
nols river upon section twenty (20,) or twenty-one (21,)
of township thirty-three (33) north, of range one (1,) east
of the third principal meridian, in the county of La Salle.
§ 2. Section four (4) of the act to which this is an
amendment, shall be and the same is hereby repealed.
This act shall take effect from and after its passage.
Approved Feb. 14, 1851.
In force Febni- AN ACT to amend the act entitled " An act to authorize St. Clair county to estab-
ary 14, 1S51. lish a ferry across the Mississippi river," approved March 2, 1839.
Act amended.
Proviso.
Taxation .
Section 1. Be it enacted by the people of the State of
Illinois^ represented in the General Assembly^ That so
much of the act to which this is an amendment as re-
quires the county of St. Clair to pay into the treasury
of the state, at the end of each year, thirty per cent, on all
the profits arising from the ferry authorized to be estab-
lished by said act, be and the same is hereby repealed ; and
all the interest of the state of Illinois in the profits accrued
or to arise from said ferry are hereby released to and vested
in the county of St. Clair : Provided^ that the said county
shall pay into the state treasury, on demand of the auditor
of state, whatever sum of money the state has expended
for counsel fees, or otherwise, exceeding the sum received
by tiie state on account of the said ferry ; the amount of
such expenditure to be certified by the governor to the
auditor.
§ 2. The said ferry privilege and ferry shall be assessed
and valued every year and taxed according to the value
thereof as the property of individuals, and the right to re-
quire a further tax, under the provisions of the constitution,
is hereby reserved to the state.
§ 3. This act to be in force from and after its passage.
Approved February 14, 1851.
In force Fehru- AN ACT for the relief of the sureties of William Compher, late sheriff of Peoria
ary 14, 1851. county.
Preamble. Whereas William Compher, late collector of Peoria county,
has absconded, leaving his securities liable to the state
upon his official bond for the revenue collected by him
for the year A. D. 1849; and whereas judgment has been
rendered by the supreme court of this state against tlie
131 1851.
securities of the said Compher, for the amount of the rev-
enue due the state for the year A. D. 1849 ; now, there-
fore,
Be it enacted hy the people of the State of Illinois, rep-
resented in the General jissemhly :
Section 1. That the securities of said Compiler be and Payment.
they are hereby required to pay the costs of said suit, and
pay into tlie state treasury the sum of three thousand five
hundred dollars, with interest ther^-on, on or before the
thirty-first day of December, A. D. 1851, and that they pay
the remaining balance of said judgment, three thousand five
hundred and seventy-two dollars and forty-two cents, with Extension,
interest thereon, into the state treasury, on or before the p|.g^jgQ
thirty-first day of December, A. D. 1852.
§ 2. That the time shall be extended as aforesaid : Pro- Furth'r proviso-
vided, that the judgment and execution issued thereon shall
be and remain a lien upon all the real estate of said secu-
rities until tlie payment thereof: Provided, further, that
if said securities shall well and truly c^^mply with all the pro-
visions of the first section of this act, then and in that case
they shall be and hereby are released from all further lia-
bility on said judgment; but if they shall fail or neglect so
to do, tlien it shall be the duty of the auditor to proceed Abatemente.
with the collection of said judgment as now required by
law.
§ 3. That the auditor be required to allow any abate- Proviso,
ments that may be allowed by the county court or board
of supervisors of Peoria county, for errors, removals, or in-
solvencies : Provided, the proof thereof be made on or be- ' •
fore the 31st day of December, A. D. 1851.
Approvkd Feb. 14, 1851.
AN ACT to authorize Samuel Pi,, Perry and John D. Fry to erect a pier or wharf on In force Febru-
the Illinois river, at Columbiana. ary 14, 1851.
Section 1. Be it enacted by the people of the State of
Illinois, represented in the General Assembly, That Sam- wharf,
uel R. Perry and John D. Fry, of Greene county, Illinois,
or either of them, are hereby authorized to erect a pier or
w^harf on the Illinois river, at Columbiana, in Greene coun-
ty, commencing from the bank of the river, below the . .i
mouth of Calvin's slough, and extending at right angles
with said bank to the channel of said river: Provided, that
the same shall not be so constructed as to obstruct the navi-
gation of said river.
This act to be in force from and after its passage.
Approved Feb. 14, 1851.
1851.
132
ditor.
Time allowed.
In force Febru- AN ACT for the relief of the securities of David W. Hopkins, late sheriff of St.
ary 14, 1851. Clair county.
Section 1. Be it enacted hy the people of the State of
Illinois, represented in the General Jlssemhly, That the
'^1';'^^'^^'^^*°'^"'^'^^^^°'' ^^ ^^^^® '^^ ^"'^ ^^^ *^ hereby authorized and em-
powered to audit and ascertain the indebtedness due the
state of Illinois from David W. Hopkins, late sheriff of St.
Clair county.
§ 2. The securities of the said David W. Hopkins shall
be allowed three years to pay to the state the amount of
said deficiency, to be ascertained as above, in manner fol-
lowing : Said securities shall execute their three several
promissory notes, for equal amounts, payable annually, with
interest, to the treasurer of this state, with good and suf-
ficient securities, to be by him approved, for the payment of
such sum as may be found due the state upon the auditing
of said account.
§ 3. The sheriff of St. Clair county is hereby author-
ized to collect all the taxes in arrear in said county for the
years 1848 and 1849.
§ 4. This act to be in force from and after its passage.
Approved Feb. 14, 1851.
In force Feb.l4 ^^ ^^^ ^ reduce the law incoi-porating the City of Chicago, and the several acti
1851. amendatory thereof, into one act, and to amend the same.
CHAPTER I.— City and Ward Boundaries.
Section 1. Be it enacted hy the people of the State of
Illinois, represented in the General Jissemhly, That the
Boundaries. district of Country in the county of Cook and state of Illi-
nois, known and described as follows, to wit: All that part
of township thirty-nine north, range fourteen east of the
third principal meridian, which lies north of the north line
of sections twenty-seveji, twenty-eight, twenty-nine and
thirty, of said township, and the east half of section thirty-
ty-three, and fractional section thirty-four, in township forty
north, range fourteen east, is hereby erected into a city, by
the name of the " City of Chicago."
Incorporation. § 2* The inhabitants of said city shall be a corporation
by the name of the "City of Chicago," and by that name sue
and be sued, complain and defend in any court ; make and
use a common seal and alter it at pleasure, and take, hold,
purchase, lease and convey, such real and personal or
mixed estate as the purposes of the corporation may re-
quire, within or without the limits aforesaid.
133 1851.
§ 3. The city of Chicago shall be divided into nine Wards.
wards, as follows :
First IVard. All that part of tlie city which lies south
of the centre of Chicago river, and east of the centre of
State street and a line running due south from the centre
of the last named street, shall be denominated tlie first
ward.
Second Ward. All that part of said city which lies south
of the centre of said Chicago river, west of the first ward
and east of the centre of Clark street and a line running
due south from the centre of the last named street, shall
be denominated the second ward.
Third JVard. All that part of said city which lies south
of the centre of the said Chicago river, west of the second
ward and east of the centre of Wells street and a line
running due south from the centre of the last named street,
shall be denominated the third ward.
Fourth Ward. All that part of said city wliich lies south
of the centre of the said Chicago river, west of the third
ward and east of the centre of the south branch of the
Chicago river, sliall be denominated the fourth ward.
Fifth IVard. All that part of said city which lies west
of the centre of the south branch of the Chicago river and
south of the centre of Randolph street and a line running
due west from the centre of the last named street, shall be
denominated the fifth ward.
Sixth Ward. All that part of said city lying west of
the centre of Chicago river, and north and south branches
thereof, and north of the centre of Randolph street, and a
line running due west from the centre of the last named
street, shall be denominated the sixth ward.
Seventh Ward. All that part of said city which lies east
of the centre of the north branch of the Chicago river, and
north of the centre of the Chicago river, and west of the
centre of La Salle street and a line running due north
of the last named street, shall be denominated the seventh
ward.
Eighth Ward. All that part of said city which lies north
of the centre of Chicago river and east of the seventh
ward, and west of the centre of Wolcott street and a line , ;•. -
running due north from the centre of the last named street,
shall be denominated the eighth ward.
JVinth Ward. All that part of said city which lies north
of the centre of the Chicago river, east of Wolcott street
and a line running due north from the centre of the last
named street, shall be denominated the ninth ward.
1851.
134
CHAPTER II. — Officers: their Election and AppointTnent.
Covarnment.
Offioere.
Time of eloc-
tioos.
Officers to be
eieoted.
i*treet commis-
•ioacrs.
Term of office.
§ 1. The municipal government of the city shall cf ns st
of a common council, composed of the mayor and two al-
dermen from each ward. The other officers of the corpo-
ration shall be as follows :
A clerk; an attorney; a treasurer; a school agent; a
marshal ; a board of school inspectors ; a board of health ;
one chief, and a first and second assistant engineers of the
fire department ; one or more collectors , one or more sur-
veyors ; one street commissioner and one assessor for each
natural division of the city ; one or more harbor masters ;
three trustees of schools for each school district ; one or
more health officers ; one or more market clerks ; three in-
spectors of elections for each ward ; and as many firemen,
fire wardens, constables, police men, watciimen, sealers of
weights and measures, inspectors, measurers, weighers,
gangers, sextons or keepers of burial grounds ; keepers
and assistants of almshouses, workhouses, public buildings,
hospitals and bridewell or house of correction ; bellmen,
common criers, scavengers, and such other officers and
agents as the common council may, from time to time, di-
rect and appoint.
§ 2, An election shall be held in each of the wards of
said city on the first Tuesday in March in each year, at such
place as the common council may appoint, and of which
six days' previous public notice shall be given in written
or printed notices, in three public places in each ward, by
the city clerk.
§ 3. At the annual election there shall be elected by
the qualified voters of said city, a mayor, marshal, treasu-
rer, collector, surveyor, attorney, and chief and assistant
engineers ; and the person having the highest number of
votes in the whole city for eitlier of such offices, shall be
declared elected. At the same time the electors in their
respective wards shall vote for one alderman and one police
constable ; and the persons receiving the highest number of
votes cast in the ward for such offices, respectively, shall be
declared elected.
§ 4- There sliall also be elected at such election, one
street rommissioner by the legal voters of the south divi-
sion, being the first, second, third and fourth wards ; one
street commissioner by the legal voters of the west divi-
sion, being the fifth and sixth wards ; and one street commis-
sioner by the legal voters of the north division, being the
seventh, eighth and ninth wards of said city ; and the per-
son having the highest number of A'otes in each division,
respectively, sliall be declared elected.
§ 5. The officers elected by the people under this act,
(except aldermen,) shall respectively hold their offices for
135 185L
one year and until the election and qualification of their
successors, respectively. All other officers mentioned in
tliis act, (except aldermen and firemen,) and not otherwise
specially provided for, shall be appointed by the common
council by ballot, on the second Tuesday of March in each
year, or as soon thereafter as may be, and respectively
continue in office one year and until the appointment and
qualification of their successors. But the council may
specially authorize the appointment of watchmen by the
mayor or marshal, to continue in office during the pleasure
of the council : Provided, the mayor or marshal may be
authorized by the council to remove for good cause. Offi-
cers elected or appointed to fill vacancies shall respectively
hold for the unexpired term only, and until the election or
apjiointment and qualification of their successors.
§ 6. The several wards of the city shall be respectively Aidenneu.
represented in the common council by two aldermen, who
shall be residents thereof, and hold their offices respectively
for two years from and after their election, and until the
election and qualification of their successors. They shall
be divided into two classes, consisting of one alderman from , ,
each ward, so that one from each ward may be annually
elected. The first class shall be elected at the annual elec-
tion in March next, and be successors to the members of
tlie present common council, whose offices expire at that
time. Tiie second class shall be elected one year thereaf-
ter, and succeed those members who are entitled to hold
over one 3'ear after the next election. The members of
eacu class, hereafter elected, shall respectively continue in
office two years. If from any cause there shall not be a
quorum of aldermen, the clerk shall appoint the time and
places for holding a special election, and appoint inspectors
thereof, if necessary. If any alderman remove from the
ward represented by him, his office shall thereby become
vacant.
§ 7. If for any cause the officers herein named shall failure to ekct
not be appointed on the second Tuesday in March, the com- ^i^.^^'"*^**
mon council may adjourn from time to time, until such ap-
pointments are made. If there should be a failure by the
people to elect any officer herein required to be elected,
the common council may forthwith order a new election.
§ 8. Every person appointed to any office by the com- Removal frei*
mon council, or elected to any office by the people, may be ^^^^'
removed from such office by a vote of two-thirds of all the ' ' '
aldermen authorized by law to be elected. But no officer
shall be removed except for cause, nor unless first furnished
with the charges and heard in his defence, and the com-
mon council shall have power to compel the attendance of
witnesses and the production of papers, when necessary for
tlxe purposes of such trial, and shall proceed, within ten
1851.
136
Vacancies.
Qualification
for office.
days, to hear and determine upon the merits of the case,
and if such officer shall neglect to appear and answer to
such cliarges, then the common council may declare the
office vacant : Provided,^ this section shall not be deemed to
apply to any officer appointed by the common council; such
officer may be removed at any time by a vote of two-thirds
as aforesaid, in the discretion of the council, but any offi-
cer may be suspended until the disposition of charges when
preferred.
§ 9. Whenever any vacancy shall happen by the death,
removal, resignation or otherwise, of any officer elected by
the people, such vacancy shall be filled by a new election,
and the common council shall order such new election with-
in ten days after the happening of such vacancy. Any va-
cancy occurring by the death, removal or resignation of
any officer authorized to be appointed by the common coun-
cil, may be filled by appointment of tiie council, but no
special election shall be held to fill vacancies (except of
mayor or aldermen) if more than six months of the terra
have expired.
§ 10. All citizens of the United States qualified to vote
at any election held under this act shall be qualified to hold
any office created by this act, but no person shall be eligi-
ble to any office or place under this or any other act in re-
lation to said city, who is now or may hereafter be a default-
er to said city, or to the state of Illinois, or any county
thereof; and any person shall be considered a defaulter
who has refused or neglected, or may hereafter refuse or
neglect, for thirty days after demand made, to account for
and pay over to the party authorized to receive the same,
any public money which may have come into his possession.
And if any person holding anj^ such office or place shall
become a defaulter whilst in office, the office or place shall
thereupon become vacant.
§ 11. When two or more candidates for an elective of-
fice shall have an equal number of votes for the same of-
fice, the election shall be determined by the casting of lots
in the presence of the common council.
§ 12. The manner of conducting and voting at elec-
ductingeiec- tions to be held under this act; and contesting the same, the
°'^" keeping of the poll lists, canvassing of the votes and certi-
fying the returns, shall be the same, as nearly as may be, as
is now or may hereafter be provided by law at general state
elections: Pr^ovided, the council shall have power to regu-
late elections. The voting shall be by ballot, and the in-
spectors of elections shall take the same oath and shall
have the same power and authority as inspectors of gener-
al elections. After the closing of the polls the ballots shall
be counted in the manner required by law, and the returns
shall be returned, sealed, to the city clerk, within three days
after the election, and thereupon the common council shall
Tio
Modo of con-
'Proviso.
137 J 851.
meet and canvass the same, and declare the result of the
election. It shall be the duty of the clerk to notify all per-
sons elected or appointed to office of their election or ap-
pointment, and unless such persons shall respectively quali-
fy within ten days thereafter the offices shall become vacant.
§ 13. No person shall be entitled to vote at any elec- Qualification of
tion under this act who is not entitled to vote at state elec- voters.
tions and has not been a resident of said city at least six
months next preceding the election ; he shall moreover
have been an actual resident of the ward in which he votes
for ten days previous to tiie election, and if required by
any person qualified to vote thereat, shall take the follow-
ing oatli before he is permitted to vote : Provided, that the
voter shall be deemed a resident of the v.'-ard in which he is
accustomed to lodge: "I swear, (or affirm) tiiat I am of
the age of twenty-one years, that I am a citizen of the
United States, (or was a resident of this state at the time
of the adoption of the constitution,) and have been a resi-
dent of this state one year, and a resident of this city six
months immediately preceding this election, and am now,
and have been for ten days last past, a resident of this ward,
and have not voted at this election."
§ 14. The persons entitled to vote at any election held Exemption from
under this act, shall not be arrested on civil process within arrest.
said city on the day on which said election is held, and all
persons illegally voting at any election under this act shall
be punishable according to the laws of this state.
CHAPTER IW.—Poivers and Duties of Officers.
§ 1. Every person chosen or appointed to an executive, Oath of office,
judicial or administrative office under this act, shall, before
he enters on the duties of his office, take and subscribe the
■oath of office prescribed in the constitution of this state,
and file the same, duly certified by the officer before whom
it was taken, with the clerk of the city.
§ 2. The mayor shall, before he enters upon the duties Mayor.
of his office, in addition to the usual oath, swear or affirm
that he will devote so much of his time to tiie duties of his
office as an efficient and faithful discharge thereof may re-
quire. He shall preside over the meetings of the common His duties- *'
council, and take care that the laws of the state and the or-
dinances of the city are duly enforced, respected and ob-
served, and that all other executive officers of the city dis-
charge their respective duties. He shall from time to time
give the common council such information, and recommend
such measure'^, as he may deem advantageous to the city.
He shall have a salary of twelve hundred dollars per an- Salary.
num ; and he may give bond and qualify as a justice of
the peace, and when qualified shall possess the same pow- '.'^
1851.
138
To account for
fees.
To sign ordi-
nances.
Veto.
Vacancy in of-
fice of mayor
ers and jurisdictions as are herein vested in such justices of
the peace as may be desigi.ated by the common council un-
der this act, and be entitled to like fees. But he shall ac-
count for and pay over to the city treasurer, when required,
all fines, fees, or other moneys received by him in his judi-
cial capacity, and keep a docket, subject at all times to the
iiispection of the common council. All ordinances and
resolutions shall, before they take effect, be placed in the
office of the city clerk, and if the mayor approves thereof,
he shall sign the same ; and such as he shall not sign he
shall return to the council, with his objections thereto.
Upon the return of any ordinance or resolution by the
mayor, the vote by which the same was passed shall be re-
considered ; and if, after such reconsideration, a majority
of all the members elected to the council shall agree, by
ayes and noes, which shall be entered of record, to pass
the same, it shall go into effect. And if the mayor shall
neglect to approve or object to any such proceedings for a
longer period than three days after the same shall be placed
in the clerk's otnce, as aforesaid, the same shall go into ef-
fect. Tlie mayor shall likewise have power, ex officio, to
administer any oath required to be taken by this act.
8 3. In case of a vacancy in the office of mayor, or of
his being unable to perform the duties of his office, by rea-
son of temporary or continued absence or sickness, the com-
mon council shall appoint by ballot one of their number to
preside over their meetings, wliose official designation shall
be, ' acting mayor.' And the alderman so appointed shall be
vested with all the powers and perform all the duties of
mayor, except in regard to qualifying as justice of the peace,
until the mayor shall resume his office, or the vacancy be
filled by a new election.
§ 4. The members of the common council shall be fire
wardens and conservators of the peace, and shall be exempt
from jury duty and the payment of street taxes during their
term of office.
§ 5. The clerk shall keep the corporate seal and all pa-
pers belonging to said city, and make a record of the pro-
ceedings of the common council, at whose meetings it shall
be his duty to attend ; and copies of all papers duly filed in
his office, and transcripts from the records of the proceed-
ings of the common council, certified by him under the cor-
porate seal, shall be evidence in all courts, in like manner
as if the originals were produced. He shall likewise draw
all warrants oh the treasury and countersign the same, and
keep an accurate account thereof in a book to be provided
for that purpose ; he shall also have power to administer any
oath required to be taken by this act.
§ 6. It shall be the duty of the city attorney to perform
r^ty of city at- ^^j professional services incident to the office, and when re-
Members of
council.
Qerk.
His duty.
139 1851.
quired furnish written opinions upon subjects submitted to
him by the mayor or the common council, or its committees.
§ 7. The treasurer shall receive all moneys belonging Duty of trcasu-
to the city, and keep an accurate account of all receipts ^^^'
and expenditures, in such manner as the common council
shall direct. All moneys shall be drawn from the treasury
in pursuance of an order from the common council, by war-
rant signed by the mayor or presiding officer of the com-
mon council, and countersigned by the clerk ; such war-
rant shall specify for what purpose the amount specified ./
therein is to be paid. Tlie treasurer shall exhibit to the
common council, at least fifteen days before the annual elec- Account.
tion of each year, and oftener if required, a full and detail-
ed account of all receipts and expenditures after the date .'
of the last annual report, and also of tiie state of the treas-
ury ; which account shall be filed in the office of the clerk.
§ 8. The marshal shall perform such duties as shall be ,,
prescribed by the common council, for the preservation of
the public peace, the collection of license money and fines,
or otherwise. He shall possess the power and authority of ^^^^ duties.
a constable at common law and under the statutes of this
state, and receive like fees, but shall not serve civil pro-
cess without first entering into bonds as such constable, to
be approved by the common council as in other cases.
§ 9. The city surveyor or surveyors sliall have the ''^'^^^^'y^^-
sole power, under the direction or control of the common
council, to survey within the city limits, and he and they
shall be governed by such rules and ordinances, and re-
ceive such fees and emoluments, for his or their services,
as the common council shall appoint and direct. He shall
possess the same powers in making surveys and plats, within Powei-s anddu-
the city, as is given b}^ law to county surveyors, and the *'®^*
like effect and validity shall be given to his acts, and to all
plats and surveys heretofore or hereafter made by any such
surveyor, as are or may be given by law to the acts, plats,
and surveys of county surveyors. .'!;
§ 10. It shall be the duty of the collector or collectors Collectors.
to collect all taxes and assessments which may be levied
by said city, and perform such other duties as may be herein
prescribed or ordained by thf common council.
§ 11. Assessors shall perform all the duties in relation Assessors,
to the assessing of property, for the purpose of levying the
taxes imposed by the common council. In the performance
of their duties they shall have the same powers as are or *■"'**
may be given by law to county or town assessors, and be
subject to the same liabilities. On completing their assess- p^^grgmji du-
ment rolls, they shall meet together and revise and correct ties.
the same, and having completed the revision, they shall sign
the several rolls and return the same to the common coun-
cil.
24
1851-
140
Street commis-
sioners.
Constables.
Bond.
Harbor master. § 12. It sliall be the duty of the harbor master to en-
force all ordinances and provisions of this act, in relation
to the harbor.
^13. It shall be the duty of the street commissioners
to superintend all local improvements in their respective
divisions, and carry into effect all orders of the common
council in relation thereto. They shall keep accurate ac-
count of all expenditures made by them, and render month-
ly accounts thereof to the common council.
§ 14. Every person appointed or elected to the office of
constable, shall, before he enters upon the duties of his of-
fice, with two or more sureties to be approved by the com-
mon council, execute, in presence of the clerk of the city,
an instrument in writing, by which such constable and
sureties shall jointly and severally agree to pay to each and
every person who may be entitled thereto, all such sums oi
money as the said constable may be liable to pay by reason
or on account of any summons, execution, distress warrant,
or other process which shall be delivered to him for collec-
tion. The clerk shall certify the approval of the common
council on such instrument and file the same ; and a copy
certified by the clerk, under the corporate seal, shall be
presumptive evidence, in all courts, of the execution there-
of by such constable and his sureties ; and all actions
thereon shall be prosecuted within two years after the ex-
piration of the year for which the constable named therein
shall have been appointed or elected, and may be brought
in the name of the person or persons entitled to the money
collected by virtue of such instruments. No constable
appointed or elected under this act shall have power to
serve any civil process out of the city limits, except in
cases of persons fleeing therefrom, and to commit on exe-
cution where the defendant shall have been arrested within
the city.
§ 15. The common council shall have power, from time
Power of com- to time, to require further and other duties of all officers
"" " " """ whose duties are herein prescribed, and prescribe the pow-
ers and duties of all officers appointed or elected to any
office under this act, whose duties are not herein specifically
mentioned, and fix their compensation. They may also re-
quire bonds to be given to the city of Chicago by all offi-
cers, for the faithful performance of their duties.
§ 16. The treasurer, collectors, marshal, street com-
missioners, and school agent, shall severally, before they
enter on the duties of their respective offices, execute a
bond to the city of Chicago, in such sum, and with such
sureties, as the common council shall approve, conditioned
that they shall faithfully execute the duties of their offices,
and account for and pay over all moneys and other property
received by them j which bonds, with the approval of the
Limitatioa.
mon council.
Bond^
141 1851.
common council, certified thereon by the clerk, shall be
filed with the clerk.
§ 17. The common council, at their annual meeting on Corporation
the second Tuesday in March, in each year, or within not "^wspaper.
to exceed thirty days thereafter, shall designate one public
newspaper printed in said city, in which shall be published
all ordinances and other proceedings and matters required
in any case by this act, or by the by-laws and ordinances of
the common council, to be published in a public newspaper.
§ 18. If any person, having been an officer in said city. Penalty for rc-
shall not, within ten days afttr notification and request, de- bookVand'pH
liver to his successor in office all tlie property, papers, and pers.
effects of every description in his possession belonging to
said city, or appertaining to the office he held, he shall for-
feit and pay, for the use of tiie city, one hundred dollars,
besides all damages caused by his neglect or refusal so to
deliver. And such successor shall and may recover pos-
session of the books, &c., appertaining to his office, in the
manner prescribed by the laws of this state.
§ 19. All appointments to fill a vacancy in an elective
office under this act, and all appointments of clerk, marshal,
city superintendent, assessors and surveyors, and all elec-
tions of treasurer, attorney, collectors, constables and street
commissioners shall be by warrant, under the corporate seal,
signed by the mayor or presiding officer of the common
council, and clerk.
§ 20. All persons elected or appointed, under this act, Commissioner*.
to the office of clerk, marshal, attorney, treasurer, collec-
tor, assessor, surveyor, street commissioner, or constable,
shall be commissioned by warrant under the corporate seal,
signed by the mayor or presiding officer ot the common
council, and clerk.
CHAPTER IV.— Q/" the Common Council: its General
Powers and Duties.
§ 1. The mayor and aldermen shall constitute the com- Common coun-
mon council of said city. Tlie common council shall meet "i.
at such times and places as they shall by resolution direct.
The mayor, when present, shall preside at all meetings of
the common council, and shall have only a casting vote. In
his absence any one of the aldermen may be appointed to
preside. A majority of the persons elected as aldermen Quorum,
shall constitute a quorum.
§ 2. No member of the common council shall, during the Restriction,
period for which he was elected, receive any compensation
for his services, or be appointed to, or be competent to hold,
any office of which the emoluments are paid from the city
treasury, or paid by fees directed to be paid by any act or
ordinance of the common council, or be directly or indi-
1851.
142
Meetings .
Powers.
leges.
Proviso.
rectly interested in any contract, the expenses or co'i; idera-
tion whereof are to be paid under any ordinance of the
common council.
§ 3. The common council shall hold stated meetings,
and the mayor or any two aldermen may call specinl meet-
ings, by notice to each of the members of said council,
served personally, or left at their usual place of abode.
Petitions and remonstrances may be presented to the com-
mon council, and the council shall determine the rules of
its own proceedings, and be the judge of the election and
qualifications of its own membeis, and have power to com-
pel the attendance of absent members.
§ 4. The common council shall have the management and
control of the finances, and all property, real, personal and
mixed, belonging to the corporation, and shall likewise have
power within the jurisdiction of the city, by ordinance :
First. To lease the wharfing privileges of the river, at
Wharfmgprivi-the cuds of streets, upon such terms and conditions as may
be usual in the leasin-g of other real estate, reserving such
rents as may be agreed upon, and employing such reme-
dies, in case of non-performance of any covenants in such
lease, as are given by law in other cases. But no buildings
shall be erected thereon : Provided, no lease for a longer
period than three years shall at any time be executed, and
the owner or owners of the adjoining lot or lots shall, in ail
cases, have the preference in leasing such property ; but a
free passage over the same for all persons with their bag-
gage shall be reserved in such lease : Provided, further,
nothing in this section shall be so construed as to impair or
prejudice any rights which any person may have acquired
by the acceptance of any proposition heretofore made by
said city respecting the wharfing privileges.
Second. To remove and prevent all obstructions in the
waters which are public highways in said city, and to wi-
den, straighten, and deepen the same.
Third. To prevent and punish forestalling and regra-
ting, and to prevent and restrain every kind of fraudulent
device and practice.
Fourth. To restrain and prohibit all descriptions of
gaming and fraudulent devices, and all playing of dice,
cards and other games of chance, with or without betting.
Fifth. To regulate the selling or giving away of any
Sale of ardent ardent Spirits by any shop keeper, trader or grocer, to be
^^'" ■ drunk in any shop, store or grocery, outhouse, yard, gar-
den, or other place within the city, except by inn-keepers
duly licensed.
Sixth. To forbid the selling or giving away of ardent
Power to pro- Spirits or other intoxicating liquors, to any child, apprentice
or servant, without the consent of his or her parent, guar-
dian, master or mistress, or to any Indian.
Waters.
Frauds.
<i amino
hibit.
143 1851.
Seven/h. To license, regulate and restrain tavern keep- License,
ers, grocers and keepers of ordinaries or victualling or other
house- or places, for the selling or giving away wines and
other iiiiiiors, whether ardent, vinous or fermented.
Eiriii'i. To license, tax, regulate, suppress and prohibit
billiai'l rabies, pin alleys, nine or ten pin alleys and ball alleys.
JVt. >' . To license, regulate and suppress hacknien,
draynu:!, carters, porters, omnibus drivers, cabmen, pack- •• '
ers, c;irmen, and all others who may pursue like occupa-
tions. \* ithor without vehicles, under other cognomens, and
presc-iiie their compensation.
Tc)'/h. To tax, license and regulate auctioneers, dis- Auctioncer?,,.S:c.
tillers', brewers and pawnbrokers, and to impose duties up-
on th( -;tle of goods at auction.
Eltrcnth. To license, tax, regulate and suppress hawk- Pediers.
ers aiit: pediers.
Tu-i ifth. To regulate, license, suppress and prohibit all sho\ys, <Scc.
exhibirions of common showmen, shows of every kind,
concc Is or other musical entertainments, by itinerant per-
sons fir companies, exhibitions of natural or artificial curi-
osities, caravans, circuses, theatrical performances, and all
other exhibitions and amusements.
Th: r'ccnth. To authorize the mayor, or other proper Licenses.
office; of the city, to grant and issue licenses, and direct
the miuner of issuing and registering thereof, and the fees
to be ]iuid therefor. No license shall be granted for more
than one year : Provided^ not less than five, nor more than Pio^'iso.
five I :'ndred dollars, shall be required to be paid for any
licens'' under this act, and the fee for issuing the same shall
not exceed one dollar; but no license for the sale of wines
or oth^M- liquors, ardent, vinous or fermented, at wholesale
or rei iil, or by inn-keepers or others, as aforesaid, shall be
less t! n fifty dollars. Bond shall be taken on the granting
of licMises for the due observance of the ordinances or reg-
ulatioi'.s of the common council.
Fourteenth. To prevent any riot or noise, disturbance Riots.
or disorderly assemblage. ■ '
FiJ'leenth. To suppress and restrain disorderly houses Disorderly
and g" )ceries, houses of ill fame, billiard tables, nine or ten ^^^^^> <^<^*
pin al -ys or tables, and ball alleys, and to authorize the de-
struction and demolition of all instruments and devices ■
used lor the purpose of gaming.
SiaU'enih. To compel the owner or occupant of any Nuisances.
grocery, cellar, tallow chandler shop, soap factory, tannery,
stable, barn, privy, sewer, or other unwholesome, nauseous
house or place, to cleanse, remove or abate the same, from
time to time, as often as may be necessary for the health,
comfort and convenience of the inhabitants of said city.
Seventeenth. To direct the location and management of, Breweries.
and regulate breweries, tanneries and packing houses, and
1851.
144
Markets.
Kacing.
Encumbering
streets.
Bathing.
Vagrants, &c.
Cattle, &o.
to direct the location, management and construction of, and
regulate, restrain and prohibit, within the city, and the dis-
tance of four miles therefrom, distilleries, slaughtering es-
tablisliments, establishments for steaming and rendering
lard, tallow, offal and such other substances as can or may
be rendered ; and all establishments or places where any
nauseous, offensive or unwholesome business may be car-
ried on : Provided, that for the purposes of tliis section the
Chicago river and its branches, to their respective sources,
and the land adjacent thereto, or within one hundred rods
thereof, shall be deemed to be within the jurisdiction of the
city.
Eighteenth. To establish and regulate markets and other
public buildings, and provide for their erection, determine
their location, and authorize their erection in the streets or
avenues of the city.
JYineteenth. To regulate, and license or prohibit butch-
ers, and to revoke their licenses, for malconduct in the
course of trade, and to regulate, license, and restrain the
sale of fresh meats and vegetables in the city, and restrain
and punish the forestalling of poultry, fruit and eggs.
Twentieth. To direct or prohibit the location and man-
agement of houses for the storing of gunpowder, or other
combustible and dangerous materials, within the city.
Tiuentij -first. To regulate the keeping and conveying
of gunpowder, and other combustible and dangerous ma-
terials, and the use of candles and lights in barns, stables
and out-houses.
Tiventy-second. To prevent horse racing, immoderate
riding or driving in the streets, and to authorize persons
immoderately riding or driving, as aforesaid, to be stopped
by any person ; and punish or prohibit the abuse of animals;
to compel persons to lasten their horses, oxen, or other ani-
mals, attached to vehicles or otherwise, while standing or
remaining in the street.
Twenty-third. To prevent the encumbering of the
streets, side walks, lanes, alleys, public grounds, wharves
and docks, with carriages, carts, sleighs, sleds, wheelbar-
rows, boxes, lumber, timber, fire-wood, posts, awnings,
signs, or any substance or material whatever.
Twenty-fourth. To regulate and determine the times
and places of bathing and swimming in the canals, rivers,
harbors or other waters, in and adjoining said city, and to
prevent any obscene or indecent exhibition, exp3sure or
conduct.
Twenty-fifth. To restrain and punish vagrants, mendi-
cants, street beggars, and prostitutes.
Twenty -six til. To restrain and regulate or prohibit
the running at large of cattle, horses, swine, sheep, goats,
and geese, and to authorize the distraining, impounding,
145 1851.
and sale of the same for the penalty incurred, and the cost
of the proceedings ; and also to impose penalties on the
owners of any such animals, for a violation of any ordi-
nance in relation thereto.
Twenty-seventh. To prevent and regulate the running Do„g.
at large of dogs, and to authorize the destruction of the
same wlien at large contrary to the ordinance.
Twenty-eighth. To prevent and regulate the rolling of Juvenile sports.
hoops, playing at ball, flying ot kites, or any other amuse-
ment or practice liaving a tendancy to anno}' persons pas-
sing in the streets, or on the side walks, or to frighten teams
and horses.
Twenty-ninth. To make regulations to prevent the in- contagious dis-
troduction of contagious diseases, into the city ; to make '^^^^^'
quarantine laws, and enforce the same within the city, and
not to exceed fifteen miles beyond the city bounds.
Thirtieth. To have exclusive power over the streets streets.
and alleys, and to remove and abate any obstructions and
encroachments therein.
Thirty-first. To compel all persons to keep the snow, sitiewaiks.
ice and dirt from the side walk, in front of the premises
owned or occupied by tiiem.
Thirty-second. To prevent the ringing of bells, blowing unuaiai uoises.
of horns and bugles, crying of goods, and all other noises,
performances and devices tending to the collection of per-
sons on the streets or side walks, by auctioneers and oth-
ers, for the purposes of business, amusement, or otherwise.
Thirty-third. To abate and remove nuisances, and pun- Xuisanees,
ish the authors thereof, by penalties, fine and imprisonment,
and to define and declare what shall be deemed nuisances,
and authorize and direct the summary abatement thereof.
Thirty -fourth. To license, regulate and restrain run- Runner?.
ners for boats and stages, cars and public houses.
Thirty-fifth. To regulate the burial of the dead, and Burial of the
registration of births and deaths; to direct the returning '^®*'*'*'''
and keeping of bills of mortality, and to impose penalties
on physicians, sextons and others, for any default in the
premises.
Thirty-sixth. To appoint watchmen and policemen, and Watchmen,
prescribe tlieir duties and powers.
Thirty-seventh. To regulate the measuring and inspec- Inspection.
ting of lumber, shingles, timber, posts, staves and heading,
and all building materials, and appoint one or more in-
spectors.
Thirty-eighth. To regulate the place and manner of ^i^h-
selling pickled and other fish, and inspecting the same.
Thirty-ninth. To regulate the weighing and place and i^^y-
manner of selling hay.
Fortieth. To regulate the measuring of wood and the Wood and coal,
weighing and selling of coal, and the place and manner of
selling the same.
1851.
146
Provisions.
Liquors.
Inspectors, &q
Police.
Pumps. &e.
Pounds.
Lamps.
Forty-first. To regulate the inspection of flour, meal,
pork, beef, and other provisions, and salt to be sold in bar-
rels, hogsheads, and other packages.
Forty-second. To regulate the inspection of whisky and
other liquors, to be sold in barrels, hogsheads, and other
vessels.
Forty-third. To appoint inspectors, weighers, gangers,
and regulate their duties and prescribe tiieir fees.
Forty-fourth. To create and regulate the police of
said city.
Forty-fifth. To establish, make, and regulate public
pumps, wells, and cisterns, hydrants and reservoirs, and to
prevent the unnecessary waste of water.
Forty-sixth. To establish and regulate public pounds.
Forty-seventh. To erect lamps, and regulate the light-
ing thereof, and from time to time create, alter, and extend
lamp districts.
Forty-eighth. To regulate and license ferries.
Forty-ninth. To regulate and prohibit the use of loco-
motive engines within the city, and may require the cars to
be used thereon, within the inhabited portions thereof, to
be drawn or propelled by other power than that of steam ;
to direct and control the location of railroad tracks and
depot grounds, and prohibit railroad companies from doing
storage and warehouse business, or collecting pay for
storage.
Fiftieth. To erect and establish a bridewell or house of
correction, pass all necessary ordinances for the regulation
thereof, and appoint a keeper and as many assistants as
may be necessary. In the said bridewell or house of cor-
rection shall be confined all vagrants, stragglers, idle or
disorderly persons who may be committed thereto, by the
mayor or any alderman or other conservator of the peace ;
and all persons sentenced by any criminal court or magis-
trate in and for the city, for any assault and battery, petit
larceny, or other misdemeanor punishable by imprisonment
in any county jail, shall be kept therein, subject to labor or
solitary confinement.
Fifty-first. To require every merchant, retailer, trader,
and dealer in merchandise or property of any description,
which is sold by measure or weight, to cause their weights
and measures to be sealed by the city sealer, and to be sub-
ject to his inspection; tiie standard of which weights and
measures shall be conformable to those now established by
law.
Fifty-second. Exclusively to erect and construct, or to
permit or cause, or procure to be erected and constructed,
float or drawbridges over the navigable waters within the
jurisdiction of said city, and keep the same in repair: said
bridges to have draws of suitable width.
147 1851.
Fiffy-third. To preserve the harbor ; to }>revent any Harbor.
use of the same, or any act in relation thereto inconsistent
with, or detrimental to, the public health, or calculated to
render the waters of the harbor, or any part thereof, impure
or offensive, or tending in any degree to fill up or obstruct
the same ; to prevent and punish the casting or depositing
therein any earth, ashes, or other substance, filth, logs, or
floatino- matter; to prevent and remove all obstructions
therein, and to punish the authors tiiereof ; to regulate and
])rescribe the mode and speed of entering and leaving the
harbor, and of coming to, and departing from, the wharves
and streets of the city, by steamboats, canal boats, and
other craft and Aessels, and the (disposition of the sails, .n
yards, anchors, and appurtenances thereof, while entering,
leaving, or abiding in the harbor, and to regulate and pre-
scribe by such ordinances, or through tlieir harbor master
or other authorized officer, such a location of every canal
boat, steamboat, or other craft, or vessel, or float, and such
changes of station in, and use of, the harbor, as may be
necessary to promote order therein, and the safety and
equal convenience, as near as may be, of all such boats,
vessels, craft, and floats ; and may impose penalties not
exceeding one hundred dollars for any oftence against any
such ordinance ; and by such ordinance charge such penal-
ties, together with such expenses as may be incurred by
tlie city in enforcing this section, upon the steamboat, canal
boat, or other vessel, craft, or float. The harbor of the city , ^ .-
shall include the piers and so much of lake Micliigan as lies
within the distance of one mile thereof into the lake, and the
Chicago river and its branches to their respective sources.
Fiftij -fourth. To exclusively control, regulate, repair, streets, Ac.
amend and clear the streets and alleys, bridges, side and
cross walks, and open, widen, straighten, and vacate streets
and alleys, and put drains and sewers therein, and prevent
the encumbering of the streets in any manner, and protect
the same from any encroachment and injury.
Fifty-fifth. To direct and regulate the planting and pre- PubUc grounds,
servino- ornamental trees in the streets and public grounds.
F /fix/sixth. To borrow money, not exceeding one hun- To borrow mo-
dred thousand dollars in any one year, and pledge the rev- '^'^^''
enue of the city for its payment, and issue bonds therefor.
Fifty -seventh. To fill up, drain, cleanse, alter, relay, re- Grounds, Ac.
pair, and regulate any grounds, yards, basins, slips, cellars,
private drains, sinks, and privies, direct and regulate their
construction, and cause the expenses thereof to be assessed
and colletted in the same manner as side walk assessments.
Fifty-eighth. To erect and establish one or more hos- Hospitals.
pitals or dispensaries, and control and regulate the same.
Fifty-ninth. To abate all nuisances which are or may ^'uisances.
be injurious to the public health, in any manner they may
deem expedient.
1851.
148
Health.
Unwholesome
substances.
Ordinances.
Penalties
Proviao.
Vagrant chil-
dren.
Sixtieth. To do all acts and make all regulations which
may be necessary or expedient for the preservation of
health and tlie suppression of disease.
Sixty-first. To prevent any person from bringing, de-
positing, or having within the limits of said city, any dead
carcase, or any other unwholesome substance, and to re-
quire the removal or destruction, by any person who shall
have, place, or cause to be placed, upon or near his prem-
ises, any such substance, or any putrid or unsound beef,
pork, or fish, hides, or skins of any kind, and on his de-
fault to authorize the removal or destruction thereof by
some officer of said city.
Sixty-second. The common council shall have power to
make, publish, ordain, amend and repeal all such ordinances
or by-laws and police regulations, not contrary to the consti-
tution of this state, for the good government and order of
the city and the trade and commerce thereof, as may be
necessary or expedient to carry into effect the powers vested
in the common council, or any officer of said city, by this
act; and enforce observance of all rules, ordinances, by-
laws, and police and other regulations, made in pursuance
of this act, by penalties not exceeding one hundred dollars
for arty offence against the same. The common council
may also enforce such rules, ordinances, by-laws, and po-
lice and other regulations, as aforesaid, by punishment of
fine or imprisonment, or both, in the county jail, bridewell,
or house of correction, in the discretion of the magistrate,
or court before which conviction may be had : Provided,
such fine shall not exceed five hundred dollars, nor the im-
prisonment six months.
Sixty-third. To authorize the taking up, and provide
for the safe keeping and education, for such periods of time
as may be deemed expedient, of all children who are des-
titute of proper parental care, wandering about the streets,
committing mischief and growing up in mendicancy, igno-
rance, idleness, and vice.
CHAPTER v.— 0/ Taxation.
Power of taxa-
tion.
Contingent ex-
penses.
School tax.
§ 1. The common council shall have power, within the
city, by ordinance :
First. To annually levy and collect taxes, not exceed-
ing three and one half mills on the dollar, on the assessed
value of all real and personal estate in the city made tax-
able by the laws of this state, to defray the contingent and
other expenses of the city, not herein otherwise specially
provided for ; which taxes shall constitute the general fund.
Second. To annually levy and collect a school tax, not
exceeding two mills on the dollar, on all real and personal
estate, to meet the expenses of purchasing grounds for
149 1861.
school houses, and building and repairing school houses,
and supporting and maintaining schools.
Third. To levy and collect a tax, not exceeding one Interest.
half mill on the dollar per annum, on real and personal es-
tate, to meet the interest accruing on the bonded debt of
the city.
§ 2. To levy and collect taxes on real and personal es-
tate when required :
First. For the erection of a barrier to protect the city Lake barrier.
from the lake.
Second. For the erection of a city hall, markets, hos- City iiaii, &c.
pital, bridewell or workhouse, the purchase of market
grounds, public squares or parks, or any other permanent
improvements : Provided, the estimated cost of a city hallProriso.
or bridewell, may be apportioned by the common council,
and collected by a series of annual assessments : Provided, Further proviso,
further, that the cost of market grounds, markets, public
squares or parks, and lake barrier, or any other improve-
ment, shall be levied upon all the property in the natural
division of the city in which such markets, squares or bar-
rier may be located, except such part of the cost as the
common council may cause to be especially assessed upon
real estate in such division immediately benefitted by such
improvement, in the manner herein prescribed for the as-
sessment of like improvements, in chapter seven : Provided, Proviso,
that no tax or taxes shall be levied in any one year, under
this section, which shall exceed two per cent, upon the
value of the property assessed, for eitlier or all of the pur-
poses herein specified: Provided, further, that no local Further proviso.
improvement under this section shall be ordered in any di-
vision, unless a majority of tl)e aldermen thereof shall vote
in favor of the same : Provided, further, the common Additional pro-
council may negotiate a loan for the purpose of building a ^^^°"
market house in any division, and apply the revenues
therefrom towards paying the interest on such loan and
liquidating the principal. But should the net revenues
from such market be insufficient to pay such interest and
principal when they shall respectivly become due, the com-
mon council shall levy and collect a tax upon the real and
personal property in the division in which such market
may be located, to make up the deficiency of such interest
or principal, or both.
§ 3. To levy and collect on the real and personal estate Lamps.
in such districts as they shall from time to time create, a
sufficient tax to defray three-fourths of the expense of erect-
ing lamps, and lighting the streets in such district or dis-
tricts, respectively : Provided, the money thus raised shall Proviso,
be exclusively expended for such purpose, in the district
paying the same.
1851. 150
Eoad labor. § 4. To require ( and it is hereby made the duty of )
every male resident of the city, over the age of twenty-one
years and under the age of sixty years, to kbor three days
in each year upon the streets and alleys ; but every person
may, at his option, pay at the rate of iifty cents for every
Proviso. day he shall be so bound to labor : Provided, the same
shall be paid on or before the first of the three days
upon which he may be notified to labor by the street com-
.;r„ffaj.A. missioner. In default of payment, as aforesaid, the sum of
three dollars may be collected, and no off-set shall be al-
•A ^ikil ^, lowed in any suit brought to recover the same. Street tax-
es shall be expended in the several wards where the per-
sons paying the same may respectively reside.
Local espendi- § 5. The common council shall, hereafter, in all expen-
tures. ditures for purposes strictly local, expend annually in the
several natural divisions of the city, such proportion of the
whole expenditures for like purposes, during the same pe-
riod, as will correspond to the several sums contributed,
respectively, by each division to the general fund.
Equalization. § 6. If it shall appear at the close of any municipal
year, that a greater sum has been expended for purposes
strictly local, in any division or divisions, than its or their
relative proportion, it shall be the duty of the common
council, the ensuing year, to increase the general tax in
.'-".V/i such division or divisions, respectively, by the amount of
such excess, in such proportions thereof as each may be
justly chargeable therewith. They shall at the same time
abate such excess from the assessment in the other division
■ '^iqtMi-r« or divisions respectively, in like proportions. For the pur-
** po^es of this section it may be lawful for the common coun-
cil to levy a tax in any division, for general purpose's, not
exceeding four-tenths of one per cent, per annum.
Improvements § 7. All improvements on any school or canal lands or
aSn!^^" *''''■ ^otS' and all improvements on the wharfing privileges in said
city, together with the interests of the lessees or occupants
in the premises, whether by lease, covenant, or deed, shall
be subject to taxation as real estate. And the personal
property of the owner of such improvements shall be lia-
ble for such taxes, and upon a failure to pay the same, the
collector may levy upon and sell the goods and chattels of
such occupant or lessee for the payment thereof, and costs.
And in case such lessee or occupant shall have no personal
estate, or neglect to pay the taxes, the interest of such les-
see or occupant in such premises, together with the ira-
iVoviso. provements, may be sold as real estate : Provided, the pur-
chaser shall acquire no greater rights in the land than the
tenant or occupant thereof had, but shall take the same
subject to all the covenants and agreements in relation
thereto.
151 1851.
CHAPTER VI. — t;dssessments for opening Sh'ee^s and
Mleys.
§ 1. The common council shall have power to lay out powcrto layout
public squares or grounds, streets, alleys, lanes and high- sf'^'-'t:-
ways, and to make wharves and slips at the ends of streets,
and alter, widen, contract, straighten, and discontinue the
same. They shall cause all streets, alleys, lanes, highways,
wharves, slips or public squares or grounds laid out by
them to be surveyed, described and recorded in a book to
be kept by the clerk, showing particularly the proposed im-
provement, and the real estate required to be taken ; and the
same, when opened and made, shall be public highways.
§ 2. Whenever an street, alley, lane, highway, wharf, or Assessment of
slip, or public square, or ground, is laid out, altered, widen- *^i:""ages.
ed, or straightened, by virtue hereof, the common council
shall give notice of their intention to appropriate and take
the land necessary for the same to the owner or owners
thereof, by publishing said notice for ten days in the cor-
poration newspaper. At tlie expiration of which time, they
shall choose, by ballot, three disinterested freeholders, re- ;,
siding in said city, as commissioners to ascertain and assess
the damages and recompense due the owners of such
land, respectively, and at the same time to determine what
persons will be benefitted by such improvement, and assess
the damages and expenses thereof on the real estate of
persons benefited, in proportion, as nearly as maj' be, to the
benefits resulting to each. A majority of all the aldermen
authorized by law to be elected shall be necessary to the
choice of such commissioners.
§ 3. The commissioners shall be sworn faithfully to ex- Duty of com-
ecute their duty, according to the best of their ability. '"'""io"<^r3.
Before entering on their duties, they shall give notice to
the persons interested, of the time and place of tlieir meet-
ing, for the purpose of viewing the premises and making
their assessment, at least ten days before the time of sucii
meeting, by publishing the same in the corporation news-
paper. They shall view tiie premises, and in their discre-
tion, receive any legal evidence, and may, if necessary,
adjourn from day to day.
§ 4. If there should be any building standing, in whole valuation of
or in part, upon the land to be taken, the commissioners, buiuiin.:?, ic.
before proceeding to make their assessment, shall first esti-
mate and determine the whole value of such building to
the owner, aside from the value of the land and the injury
to him in having such building taken from him; and second-
ly, the value of such building to him to remove.
§ 6. At least five days' personal notice shall be given to Notice.
the owner of such determination, when known and a resi-
dent of the city, or left at his usual place of abode. If not
1851.
152
Kefusal to take
building.
Assessment.
known, or a non-resident, notice to all persons interested
shall be given, by publication for ten days in the corpora-
tion newspaper; such notice shall be signed by the com-
missioners, and specify the building and the award of the
commissioners. It shall also require parties in interest to
appear by a day to be named therein, or give notice of
their election to the common council, either to accept the
award of the commissioners, and allow such building to be
taken with the land condemned or appropriated, or of their
intention to remove such building at the value set thereon,
by the commissioners to remove. If the owner shall agree
to remove the building, he shall have such time for this
purpose as the common council may allow.
§ 6. If the owner refuse to take the building at the val-
ue to remove, or fail to give notice of his election, as afore-
said, within the time prescribed, the common council shall
have power to direct the sale of such building, at public
auction, for cash, giving five days' public notice of the sale.
The proceeds of the sale shall be paid to the owner, or de-
posited to his use.
§ 7. The commissioners shall thereupon proceed to
make their assessment, and determine and appraise to the
owner or owners the value of the real estate appropriated
for the improvement, and the injury arising to them, re-
spectively, from the condemnation thereof, which shall be
awarded to such owners respectively, as damages, after
making due allowance therefrom for any benefit which
such owners may respectively derive from such improve-
ment. In the estimate of damage to the land, the commis-
sioners shall include the value of the building, (if the pro-
perty of the owner of such land,) as estimated by them,
as aforesaid, less the proceeds of the sale thereof; or if ta-
ken by the owners at the value to remove, in that case they
shall only include the difference between such value and
the whole estimated value of such building.
§ 8. If the damage to any person be greater than the
benefits received, or if the benefit be greater than the dam-
age, in either case the commissioners shall strike a balance,
and carry the difference forward to another column, so that
the assessment may show what amount is to be received or
paid by such owners, respectively, and the difTerence only
shall, in any case, be collectable of them or paid to them.
§ 9. If the lands and buildings belong to different per-
tierin interest, sons, or if the land be subject to lease or mortgage, the
injury done to such persons, respectively, may be awarded
to them by the commissioners, less the benefits resulting
to them, respectively, from the improvement.
Assessment and § ^^' Having ascertained the damages and expenses
return. of such improvement, as aforesaid, the commissioners shall
thereupon apportion and assess the same, together with
Mode.
Amount to
paid, how
shown.
Award to par-
153 1851.
the costs of the 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 whicii their assessments
may be made. When completed, tlie commissioners shall
sign and return the same to tlie common council within
forty days of their appointment.
§ 11. The clerk shall give ten days' notice, in the cor- objections to as-
poration paper, that such assessment has been returned, and sessment.
on a day to be specified therein will be confirmed by tlie com-
mon council, unless objections to the same are made by some
person interested. Objections may be heard before the
common council, and the hearing may be adjourned from day
to day. The council shall have power, in their discretion,
to confirm or annul the assessment, or refer the same back
to the commissioners. If annulled, all the proceedings
shall be void. If confirmed, an order of confirmation shall
be entered, directing a warrant to issue for the collection
thereof. If referred back to the same, or other commis-
sioners, they shall proceed to make their 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
common council shall perform like duties and have like
powers in relation to any subsequent determination as
are herein given in relation to the first.
§ 12. The common council shall have power to remove Removal of
commissioners, and from time to time appoint others in the
place of such as may be removed, refuse, neglect, or be
unable from any cause to serve.
§ 13. Nothing herein contained shall authorize the com- T^■
•" •! i 1- i- i 1.1 Discontinuanco
mon council to discontinue or contract any street or high- of streets, Ac.
way, or any part thereof, except for the purpose of widen-
ing and improving the rivers, and making basins and slips,
without the consent, in writing, of all persons owning land
adjoining said street or highway.
14. The land required to be taken for the making, open- Appropriation
ing, or widening any street, alley, lane, or other highway, ''^^'^'^*^-
shall not be appropriated until the damages awarded there-
for, 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 ids or her credit in some safe place of deposite, other
than the hands of the treasurer, and then, and not before,
such lands may be taken and appropriated for the purpose
required, in making such improvements, and such streets,
alleys, lanes, highways, wharves, and slips may be made . - -
ind opened.
§ 15. Where the whole of any lot or parcel of land or ^ffe^' of taking
other premises under lease, or other contract, shall be ta- ^"*"^° ^°'^*
commissioners.
1851. 154
ken for any of the purposes aforesaid by virtue of this act,
all the covenants, contracts and engagements betv/een land-
lord and tenants, or any other contracting parties, touch-
ing the same, or any part thereof, shall, upon confirmation
of such report, respectively cease and be absolutely dis-
charged.
§ 16. Where part only of any lot or parcel of land or
partis taken, other premises so under lease or other contract, shall be
;.■ taken for any of the purposes aforesaid, by virtue of this
act, all the covenants, contracts, and agreements and en-
gagements respecting the same, upon the confirmation of
such report, shall be absolutely discharged as to the part
thereof so taken, but shall remain valid as to the residue
thereof, and the rents, considerations and ])ayments reserv-
ed, payable and to be paid for or in respect to the same,
shall be so proportioned as that the part thereof justly and
equitably payable for such residue thereof, and no more,
shall be paid or recoverable for, in any respect, of the
same.
, J § 17. Any person interested may appeal from any final
order of the common council, for opening or widening any
street, alley, public ground, or highway, to any court of
record in Cook county, by notice in writing to the mayor
or clerk, at any time before the expiration of thirty days
after the passage of such final order. In case of appeal,
the common council shall make a return within thirty days
after notice thereof, and the court shall, at the next term
•*"■' after return filed in the office of the clerk tiiereof, hear and
determine such appeal, and confirm or annul the proceed-
ings ; from which judgment no appeal or writ of error
shall lie. Upon the trial of the appeal all questions involv-
ed in said proceedings, including the amount of damages,
shall be open to investigation by affidavit or oral testimony,
addressed to the court, and the burden of proof shall in all
cases be upon the city, to show that the proceedings are in
conformity with this act.
(hance of pro- § ^^- "^^^ common council may, by ordinance, make
ceeaTngs. any changes they may deem advisable in the proceedings
herein prescribed for ascertaining the damages and injury
occasioned to any person or real estate by reason of the
condemnation of any real estate upon which any buildings
may be situate, in whole or in part, and the assessment of
such damage and injury upon persons or real estate bene-
fitted by the improvement ; and in such other respects as
experience may suggest.
§' 19. In all cases where there is no agreement to the
whom paid, contrary, the owner or landlord, and not the occupant or
tenant, shall be deemed the person who ought to bear and
pay every assessment made for the expense of any public
improvement. Where any such assessment shall be made
1^^ 1851.
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
ot the person bound to pay the same the amount so paid
with interest. Nothing herein contained sliall impair, or in
any way effect, any agreement between any landlord and
oenant, or other persons, respecting the payment of such
assessments.
CHAPTER yiL— Assessments for Public Improvements.
§ 1. The common council shall have power, from time Power to grad*
to time, to cause any street, alley, or highway, to be graded, ^^t^ects, &c.
leveled, paved, macadamized or planked, and keep the
same in repair.
2. To cause cross and side walks, main drains and
sewers, private drains and aqueducts, to be constructed and ^l*^'- ^'T''
laid, relaid, cleansed and repaired, and regulate the same. '
6. lo cause or authorize a tunnel, or tunnels, to be
constructed under tiie Chicago river and its branches, at Tunnel,
the intersection of any street ; and
4. To grade, improve, protect and ornament any pub-
lic square now or hereafter laid out. p w
c L) T'K^ r- "uu. Tubhc squares.
9 j. llie expenses of any improvement mentioned in
the foregoing section, (except side walks and private
drains) shal be assessed upon the real estate in any natu-Expen.,e«of im-
rai division benefitted thereby, with the costs of the pro- pro'«'ements.
ceedings therein, in proportion, as nearly as may be, to the
benefits resulting thereto : Provided, such assessment shall
sesse^^^ ^''""^^ ^^"^ ''''"^* P^"" ^""""^ "^^ *''^ property as- Proviso.
§ 3. The amount to be assessed for any such improve-
ment (except side walks and private drains) shall be de- Amount, how
termined by the common council ; and they shall, by ballot *^^^t«™in«'l-
appoint, by a majority of all the aldermen authorized by
law to be elected, three reputable freeholders of the city to
make such assessment. The commissioners shall be sworn
laithfully and impartially to execute their duty, to the best
01 their ability.
§ 4. Before entering on their duties, tlie commissioners
Jhall give SIX days' notice in the corporation newspaper, of Notice
the tune and place of meeting, to all persons interested, and
tliey may, if necessary, adjourn from day to day. The com-
missioners shall assess the amount directed by the common
council to be assessed on the real estate by them deemed ^3,,,,^,,,
benefitted by any such improvement, in proportion to the
benefit resulting thereto, as nearly as may be, and briefly
describe, in the assessment roll to be made by them, the real
estate in respect to which any assessment is made, and the
value thereof.
25
1851.
156
Damages
Return oi
gessroent.
§ 5 If the commissioners shall be of opinion that any
owner of land, situate upon any street, alley or other high^
way traded or leveled under this section, will sustain dam-
ages ?ver and above the benefit which may accrue to the
owner of such land by the improvement, they may assess
such an amount as they may deem a reasonable recompense
to such owner, upon the real estate benefitted in the manner
aforesaid; and such sum shall be added to their assessment
roll, and the amount certified to the council, at the time ot
filing the roll. , „ , i i. i
^6. When the commissioners shall have completed
their assessment, and made a correct copy thereot, they
shall deliver the same to the city clerk, withm torty days
after their appointment, signed by all the commissioners i
The clerk sliall thereupon cause a notice to be pubhshed
in the corporation newspaper for six days, to all persons in-
terested, of the completion of the assessment and the filing
of the roll. Time and place shall be designated therein
for hearing objections.
^ 7. Any person interested may appeal to the common
council for the correction of the assessment. Appeals
shall be in writing, and filed in the clerk's office withm ten
days after the first publication of said notice. The council
may adjourn such hearing from day to day, and shall have
^ power, in case of appeal or otherwise, in their discretion,
to revise and correct the assessment, and confirm or annul
the same, and direct a new assessment to be made, in the
manner hereinbefore directed, by the same commissioners,
or by three others, which shall be final and conclusive on
all imrties interested if confirmed. When confirmed, the
assessment shall be collected as in other cases, and no ap-
peal or writ of error shall lie in any case from such order
and determination. If any assessment be set aside by or-
der of any court the common council may cause a new one
to be made, in like manner, for the same purpose, for the
collection of the amount so assessed.
§ 8. If any vacancy happen in the office ot commis-
"JcTKmmtsioners at any time, by reason of removal, failure or refu-
"'"®'"- sal, or inability from sickness or other cause, to serve, the
common council may fill such vacancy. _
§ 9. If the first assessment prove insufficient, another
may be made in the same manner; or if too large a sum
shall, at any time, be raised, the excess shall be refunded,
rateably, to those by whom it was paid.
.., ,,,,„,. 6 10. All owners or occupants in front of or upon
';J?va"fdraTnB whose premises the common council shall order and direct
to bo made by . , ^Iks, or private drains communicating with any mam
-^"^ drain, to b^ constructed, repaired, relaid or cleansed, shall
make, repair, relay or cleanse, such side walks or private
drain at their own cost and charges, in the manner, and
Appeals.
Revision of a;
sessment.
Second assess
ment.
157 1851.
within tlie time, prescribed by ordinance or otherwise, and
if not done in the manner and witiiin the time prescribed,
the council may cause the same to be constructed, repair-
ed, relaid or cleansed, and assess the expenses tliereof, by
an order, to be entered in their proceedings, upon such lots,
respectively, and collect the same, by warrant and sale of
the premises as in other cases. A suit mr.y also be main-
tained against the owner or occupant of such premises, for
recovery of such expenses, as for money paid and laid out
to his use at his request.
6 11. In all cases where expenses may be incurred in Expense of ab*-
.1 ^ c -4-1 •! tins; nuisan yes.
the removal oi any nuisance, the common council may
cause the same to be assessed against the real estate charge-
able therewith, in the manner prescribed in tlie foregoing
section. Such expenses shall be likewise collectable of
the owner or occupant of such premises, in a suit for
money expended to his or their use. In case the same
should not be ciiargeable to any real estate, suit may, in
like manner, be brought for such expenses against the au-
thor of such nuisance, when known, or any person whose
duty it may be to remove or abate the same.
§ 12. Commissioners appointed under this act may be^
sworn into office by the city clerk. They shall be allowed ^'ly of commij-
two dollars per da)', each, for actual services, which, to-
gether with all otiier expenses in relation to any assessment
made in pursuance of this act, shall be deemed part of the
expenses of the improvement, and included therein. The
city attorney shall prepare such papers and make such ex-
aminations as they may request.
§ 13. When any known owner residing in said city, or Proceedings in
elsewhere, shall be an infant, and any proceedings shall be "aseofinfaute.
had under this act, the circuit court of the county of Cook,
the judge thereof, the municipal court of said city, or any
judge of the supreme court, or judge of probate of said
county, may, upon the application of the common council,
or such infant, or his next friend, appoint a guardian for
such infant, taking security from such guardian for the
faithful execution of such trust, and all notices and sum-
mons required by this act shall be served on such guardian.
CHAPTER VIII. — Collection of Taxes and Assessments.
§ 1. The common council shall have power, by ordi-
nance, to prescribe tlie form of assessment rolls, and pre- Assessment
scribe tlie duties and define the powers of assessors. They ^^'^^^'
may also make such rules, and give such directions, in re-
lation to revising, altering or adding to the rolls, as they
may deem proper and expedient.
§ 2. The annual assessment rolls shall be returned by Return of as-
the assessors on or before the first Monday of August, in ^^°'®''* '^"'''
1851.
RoTiaion.
Pr07iB0.
Warrant of col
lection.
Ordinance.
lieo.
Proviso.
Fofm of war-
raal.
Mayor to sign
warrants.
158
each year ; but the time may be extended by order of the
common council. On the return thereof, the common coun-
cil shall fix a day for hearing objections thereto, and the
clerk shall give notice of the time and place of such hear-
ing ; and any person feeling aggrieved by the assessment of
his property, may appear at the time specified, and make
his objections. The common council shall have power to
supply omissions in said assessment roll, and for the pur-
pose of equuilzing the same, to alter, add to, take from,
and otherwise correct and revise the same, or to refer the
same back to the assessors, with instructions to revise and
correct the same : Provided, the common council shall not
have power to increase the aggregate amount of said roll,
except by the value of such property, real or personal, as
may have been omitted by the assessors.
^ 3. When the assessment rolls shall have been cor-
rected and revised, the same shall be filed, and an order
confirming the same, and directing the warrant to be issu-
ed for the collection thereof, be entered by the clerk.
The common council shall thereupon, by an ordinance or
resolution, levy such sum or sums of money. as may be suf-
ficient for the several purposes for which taxes are herein
authorized to be levied, (not exceeding the authorized per
centage,) particularly specifying the purpose for which the
same are levied, and if not for general purposes, the divi-
sion of the city upon which the same are laid.
§ 4. All taxes and assessments, general or special, lev-
ied or assessed by the common council under this act, shall
be a lien upon the real estate upon which the same may be
imposed, voted or assessed, for two years from and after the
corrected assessment roll shall have been confirmed, and on
personal estate from and after the delivery of the warrant
for the collection thereof, until paid, and no sale or trans-
fer shall affect the lien. Any personal property belonging
to the debtor may be taken and sold for the payment of
taxes on real or personal estate : Provided, that in case the
collection of any assessment shall be delayed by injunction,
or other judicial proceedings, the same shall continue a hen
(unless set aside) upon such real estate, for the period of
two years from and after the final disposition of such m-
• junction, or other judicial proceedings.
§ 5. The clerk shall issue a warrant or warrants for
the taxes, and rule therein separate columns, in which the
taxes levied shall be respectively set down opposite the
name of the person or real estate subject thereto ; each
column shall be headed with the name of the tax therein
set down. „ . /. i
§ 6. All warrants issued for the collection of general
or special taxes and assessments shall be signed by the
mayor and clerk, with the corporate seal thereto attached,
159 1851.
and shall contain true and perfect copies of the corrected
assessment rolls upon which the same may be respectively
issued. They shall be delivered to the collector or collec- when dciivemi
tors of the city for collection, within six weeks after the to ooHectons-
filing of the corrected rolls, unless further time be giv-
en for this purpose by the common council. If not oth-
erwise paid, the collector shall have power to collect said
taxes, with interest and cost, by suit in the corporate name,
or by distress and sale of personal property, as aforesaid,
after a demand and refusal to pay the same. The asses-
sor's roll shall, in all cases, be evidence on the part of the
corporation: Provided^ a notice published by the collector Proviso.
for ten days in the corporation paper, shall be deemed a
demand, and a neglect to pay taxes for twenty days there-
after shall be deemed a refusal.
§ 7. All taxes and assessments, general or special, shall Mode of coliec-
be collected by the collector or collectors, in the same man- '^'^°'
ner, and with the same power and authority, as are gi^'en
by law to collectors of county and state taxes. He siiall
pay the same, as fast as collected, into the city treasury ;
and his duty in regard to returning warrants and settling
witli the city, and his liabilities in case of default or mis-
conduct, shall be t'le same as prescribed by law : Provided^ Proviso.
the common council shall have power to prescribe the pow-
ers, duties and liabilities of collectors, by ordinance.
§ 8. In case of the non-payment of any taxes or as- Proceedings in
sessments levied or assessed under this act, the premises mvment'.'*"'
may be sold for the payment thereof, at any time within two
years after the confirmation of the assessment by the com-
mon council. Before any such sale, an order shall be made
by the common council, which shall be entered at large in
the records kept by the clerk, directing the collector to sell,
particularly describing the delinquent premises to be sold,
and the assessment for which the sale is to be made ; a
certified copy of which order, under the corporate seal,
signed by the mayor or presiding officer, and clerk; shall
be delivered to the collector, which, together with the war-
rant, shall constitute the process on which such sale may
be made.
§ 9. The collector shall then advertise such premises in Publication,
the corporation paper for sale, for the period of thirty -days
from and after the first publication of such notice, describ-
ing the same by figures or otherwise, with the name of the
owner when known, and the several amounts of the taxes
or assessments thereon, and costs. Said notice shall also
contain the time and place of sale, and shall be published
at least four times. The proceedings may be stopped at
any time on the payment of the taxes or assessments, and
interest, with expense of advertising.
1851.
160
Sales.
Redemption.
Fee,
Assignees.
When city to
become pur-
chaser.
§ 10. All sales shall be conducted in the manner re-
quired by law, but the common council shall have power to
prescribe the manner of conducting the same. The sale
shall be made lor the smallest portion of ground (to be ta-
kenfromthe east side of the premises) for which any per-
son will take the same and pay the taxes or assessments
thereon, with interest and cost of sale. Duplicate certifi-
cates of sale shall be made and subscribed by the collector,
one of which shall be delivered to the purchaser, and the
other filed in the office of the clerk, which certificate shall
contain the name of the purchaser, a description of the
premises sold, the amount of the tax or assessment, with
the interest and expenses for which the same was sold, and
the time when the right to redeem will expire. The col-
lector shall be entitled to the same fees for selling as are
allowed by law for similar services. The clerk shall keep
a record of such sales, which shall be open to public in-
spection at all reasonable times.
§ 11. The right of redemption in all cases of sales for
taxes or assessments, shall exist to the owner, his heirs,
creditors or assigns, to the same extent as is allowed by law
in the case of sales of real estate for taxes, on the payment
in specie of double the amount for which the same was
sold, and all taxes accruing subsequent to the sale, with
interest. If the real estate of any in f Sint, feme cover/, or
lunatic, be sold under this act, the same may be redeemed
at any time within one year after such disability be re-
moved. In case of redemption, the money may be paid to
the purchaser, or for him to the city clerk, who shall make a
special deposite thereof with the treasurer, taking his
receipt therefor. If not redeemed according to law, the
common council shall, upon the return of the certificate,
or proof of its loss, direct a deed to be executed to the
purchaser, under the corporate seal, signed by the mayor
or presiding officer of the council, and countersigned by
the clerk, conveying to such purchaser the premises so sold
and unredeemed, as aforesaid. An abstract of all deeds so
made and delivered shall be entered by the clerk in the
book wherein tax sales are recorded. A fee of one dollar
may be charged by the clerk for every deed so issued.
§ 12. The assignee of any tax certificate of any prem-
ises sold for taxes, or assessments under authority of said
city, shall be entitled to receive a deed of such pren ises,
in his own name, and with the same effect as though he had
been the original purchaser.
§ 13. If at any sale of real or personal estate, for taxes
or assessments, no bid shall be made for any parcel of land,
or any goods and chattels, the same shall be struck off" to
the city, and thereupon the city shall receive, in the cor-
161 1851.
porate name, a certificate of the sale thereof, and shall be
vested with the same rights as other purciiasers at such
sales.
§ 14. All deeds made to purchasers of lots sold for
taxes or assessments, by order of the council, shall be
prima facie evidence, in all controversies and suits, in re- Pnma /adf eo-
lation to the right of the purchaser, his or her heirs or as- i'lcnce.
signs, to the premises thereby conveyed, of the following
facts : 1. Tliat tiie land or lot conveyed was subject to
taxation or assessment at the time the same was advertised
for sale, and had been listed and assessed in tiie time and
manner required bylaw. 2. That the taxes or assessments
were not paid at any time before the sale. 3. That the
lands conveyed had not been redeemed from the sale at theConoiusivc eri-
date of tiie deed ; and shall be conclusive evidence of the ^<^"°*^-
following facts :
1. That the land or lot was advertised for sale, in the
manner and for the lengtli of time required by law.
2. That the land was sold for taxes or assessments, as
stated in the deed.
3. That the grantee in the deed was tlie purchaser.
4. That the sale was conducted in the manner required
by law. And in all controversies and suits involving the
title to land claimed and held under and by virtue of such
deed, the person or persons claiming the title adverse to Proof to defeat
the title conveyed by such deed shall be required to prove, ^axtitie.
in order to defeat the said title, either that tiie land was not
subject to taxation at the date of the sale ; that the taxes
or assessments had been paid ; that the land had never been
listed and assessed for taxation or assessment, or that the
same had been redeemed according to the provisions of this
act ; and that such redemption was made for the use and
benefit of the persons having the right of redemption, under
the laws of this state ; but no person shall be permitted to
question the title acquired by the said deed, without first
showing that he, she or they, or the person under whom
he, s!ie, or they claim title, had title to the land at the
time of the sale, or that the title was obtained from the
United States, or this state, after the sale, and that all taxes
due upon the lands have been paid by such persons, or the
person under whom he claims title as aforesaid.
CHAPTER Y^.—Fire Dejmrtment.
§ 1. The common council, for the purpose of guarding p^^^^fo estab-
against the calamities of fire, shall have power to prescribe ilsh fircUmite.
the limits within which wooden buildings shall not be erect-
ed, or placed, or repaired, without the permission of the
common council, and to direct that all and any buildings
within the limits prescribed shall be made or constructed
1861.
162
of fire proof materials, and to prohibit the repairing or re-
building of wooden buildings within the fire limits, when
the same shall have been damaged to the extent of fifty
per cent, of the value thereof, and to prescribe the man-
ner of ascertaining such damage.
§ 2. The common council shall also have power :
vent and ex- 1. To regulate the construction of chimneys, so as to ad-
tmguish fires, j^j^ chimney sweeps, and to compel the sweeping and clean-
ing of chimneys.
2. To prevent the dangerous construction and condition
of chimneys, fire-places, hearths, stoves, stovepipes, ovens,
boilers and apparatus used and about any building or man-
ufactory, and to cause the same to be removed or placed
in a safe and secure condition, when considered dangerous.
3. To prevent the deposite of ashes in unsafe places,
and to appoint one or more officers to enter into all build-
ings and inclosures, to discover whether the same are in a
dangerous state, and to cause such as may be dangerous to
be put in safe condition.
4. To require the inhabitants to provide as many fire
buckets, and in such manner and time as they shall pre-
scribe, and to regulate the use of them in times of fire.
5. To regulate and prevent the carrying on of manufac-
tories dangerous in causing or promoting fire.
6. To regulate and prevent the use of fire-works, and
fire-arms.
7. To compel the owners or occupants of houses or
other buildings to have scuttles in tlie roofs, and stairs or
ladders leading to the same.
8. To authorize the mayor, aldermen, fire-wardens, or
other officers of said city, to keep away from the vicinity
of any fire all idle and suspicious persons, and to compel
all officers of said city, and other persons, to aid in tlie ex-
tinguishment of fires, and in the preservation of property
• exposed to danger thereat.
9. And generally to establish such regulations for the
. prevention and extinguishment of fires, as the common
council may deem expedient.
Engines. § 3. The common council shall procure fire engines
and other apparatus used for the extinguishment of fires,
and have the charge and control of the same, and provide
fit and secure engine houses, and other places, for keeping
and preserving the same, and shall have power :
1. To organize fire, hook, hose, bag, ladder and axe com-
panies.
2. To appoint, during tlieir pleasure, a competent num-
ber of able and reputable inhabitants of said city, firemen,
to take the care and management of the engines, and other
apparatus and implements used and provided for the ex-
tinguishment of fires.
163 1851.
3. To prescribe the duties of firemen, and to make rules
and regulations for their government, and to impose reason- Duties of fire-
able fines and forfeitures for a violation of the same ; and ™''°"
for incapacity, neglect of duty or misconduct, to remove -^
tliem.
§ 4. The chief and assistant engineers of the fire de- Duties of chief
partment, with the other firemen, sliall take the care and engineers**"*
management of the engines, and other apparatus and im-
plements used and provided for the extinguishment of fires ;
and their duties and powers shall be defined by the common
council.
§ 5. The members of the common council and firemen
shall, during their term of service as such, be exempt from Exemption,
serving on juries in all courts of this state, and in the mi-
litia, and shall likewise be exempt from working out any
road or street tax. The name of each fireman shall be re-
gistered with the clerk of the city, and the evidence to en-
title him to the exemption provided in this section shall be
the certificate of the clerk, made within the year in which
the exemption is claimed.
§ 6. Every fireman who shall have faithfully served as
such in said city for the term of ten years, shall be thereaf-
ter exempt from serving on juries in all courts in this state, Exemption.
or in the militia, except in case of war, invasion or insur-
rection ; and the evidence to entitle such person to such
exemption shall be a diploma, under the corporate seal,
signed by the mayor and clerk.
CHAPTER -K.— Board of Health.
§ 1. The board of health shall consist of three or more ^oard of health,
commissioners, to be appointed annually by the common
council ; and the mayor or presiding officer of the common
council shall be president of said board ; and the city
clerk shall be clerk thereof, and keep minutes of its pro-
ceedings.
§ 2. It shall be the duty of health officers to visit every Duty of health
sick person wlio may be reported to the board of health, *'®*^^"-
as hereinafter provided, and to report, with all convenient
speed, their opinion of the sickness of such person to the
clerk of the said board of health ; and to visit and inspect,
at the request of the president of said board, all boats or
vessels coming, or lying and being within the harbor of
the city, which are suspected of having on board any pesti-
lential or infectious disease, and all stores and buildings
which are suspected to contain unsound provisions or dam-
aged hides, or other articles, and to make report of the state
of tlie same, with all convenient speed, to the clerk of the
hoard of health.
1851.
164
Kcmoval of in-
fected per-
sons, itc.
Power of health
officers.
§ 3. All persons in said city, not resident? thereof, who
shall be infected with any pestilential or infectious disease,
and all things which in the opinion of said board shall be
infected by or tainted with pestilential matter, and ought to
be removed, so as not to endanger the health of the city,
shall, by order of said board, be removed to some proper
place, not exceeding fifteen miles beyond the city bounds,
to be provided by the board at the expense of the person
who may be removed, if able ; and the board may order
any furniture or wearing apparel to be destroyed when-
ever they may judge it to be necessary for the health of the
city, by making just compensation.
§ 4. In case any boat or vessel shall come or be within
the harbor or jurisdiction of the city, and the said board of
health shall believe that such boat or vessel is dangerous to
the inhabitants of said city, in consequence of her bringing
and spreading any pestilential or infectious disease among
said inhabitants, or have just cause to suspect or believe
that if said boat or vessel is suffered to remain within the
liarbor or jurisdiction aforesaid, it will be the cause of spread-
ing; among the said inhabitants any pestilential or infectious
disease, it shall and may be lawful for the said board, by an
order in writing, signed by the president for the time being,
to order such boat or vessel to be forthwith removed to any
distance not exceeding fifteen miles beyond the bounds of
said city, after the delivery of such order to the owner or
consignee of said boat or vessel to quarantine, under such
regulations and for such time as the council or the board of
health may prescribe ; and if the master, owner or con-
signee to whom such order shall be delivered, shall neglect
or refuse to comply therewith, or if after such removal,
such master, owner or consignee shall neglect or refuse to
obey the regulations which may be prescribed, the said
president may enforce such removal or other regulations in
such manner as the council may by ordinance direct ; and
such master, owner or consignee shall be considered guilty
of a misdemeanor, and on conviction shall be fined a sum
not exceeding two hundred and fifty dollars, and imprisoned
not exceeding six months in the jail of Cook county, or in
the city bridewell or house of correction, by any court hav-
ing cognizance thereof. The said fine shall be paid into
the treasury.
§ 5. The health officers may be authorized by the com-
mon council, when the public interests require, to exer-
cise, for the time being, such of the powers and perform
such of the duties of marshal, street commissioner, and con-
stable, as the common council may, in their discretion, di-
rect, and shall be authorized to enter all houses and other
places, private and public, and boats or other vessels, at all
times, in the discharge of any duty under this act.
165 1851.
§ 6. The common council sliall have power to prescribe ^."j^*^"" ^ P"""
the powers and duties of the board of health, and to punish
by fine or imprisonment, or both, any refusal or neglect to
observe the orders and regulations of the board.
§ 7. Every person practising physic in the city, who ^^"^y of P^J'^i-
shall have a patient laboring under any malignant or yellow
fever, or other infectious or pestilential disease, shall forth-
with make report thereof in writing to the clerk of said
board ; and for neglecting so to do shall be considered guil-
ty of a misdemeanor, and be liable to a fine of fifty dollars,
to be sued for and recovered in any action of debt, in any Penalty.
court having cognizance thereof, with costs, for the use of
said city.
CHAPTER Xl.—Schoo/s and School Fund.
5 1. The school lands and school fund of township thir- Sebool fund
* . P f 1 1 • 1 • • 1 nested m citv.
ty-nine north, range lourteen east oi tlie third principal
meridian, siiall be and the same are hereby vested in the
city of Chicago. The common council shall, at all times,
have power to do all acts and things in relation to said
school lards and school fund, which tiiey may think proper
to their safe preservation and efficient management ; and
sell or lease said lands, and all canal or other lots or lands,
or other property, wliich may have been, or may hereafter
be donated to the school fund, on such terms, and at such
times, as the common council shall deem most advan-
tageous ; and, on suc!i sale or sales, lease or leasings, to
make, execute and deliver all proper conveyances ; which
said conveyances shall be signed by the mayor and coun-
tersigned by the clerk, and sealed with the corporate seal :
Pr'ovided, that the proceeds arising from such sales shall Proviso.
be added to and constitute a part of tiie school fund.
§ 2. Nothing siiall be done to impair the principal of pj.jjjg;pa],
said fund, or to appropriate the interest accruing from the
same to any other purpose than tlie payment of teachers in
the public schools in said township ; and any school estab- Application of
lished in said township, without the limits of the city, shsll interest.
be entitled to the same benefits and advantages from said
fund, as it will be without the passage of this act, except
as to donations which may have been or may hereafter be
made to the same.
§ 3. Tlie common council shall have power : P^^p^ of ^^^^.
1. To erect, hire or purchase buildings suitable for school mon council,
houses, and keep tiie same in repair.
2. To buy or lease sites for school houses, with the ne-
cessary grounds.
3. To furnish schools with necessary fixtures, furniture
and apparatus.
1851. 166
4. To establish, support and maintain schools, and sup-
ply the inadequacy of the school fund for the payment of
city teachers, from school taxes.
5. To fix the amount of compensation to be allowed to
teachers.
6. To prescribe the school books to be used, and the
studies to be taught in the different schools.
7. To lay off and divide the city into school districts,
and, from time to time, alter the same, or create new ones,
as circumstancesinay require.
8. To appoint seven inspectors, to be denominated board
OF SCHOOL INSPECTORS J also, three trustees of schools in
each district.
9. To establish and prescribe the powers and duties of
the board of school inspectors and school trustees.
10. And generally have and possess the rights, powers
and authority necessary for the proper management of
schools and the school lands and funds belonging to the
township, with power to enact such ordinances as may be
necessary to carry their powers and duties into effect.
School agent. § 4. The school agent shall have the custody and man-
agement of the money, securities and property belonging
to the school fund, subject to the direction of the common
council.
§ 5. The school agent, before entering upon his duties,
Bond. shall give bond in such amount, and with such conditions
and sureties as the common council may require. His
compensation shall be paid out of the school fund ; and he
Compensation, shall be Subject, for misconduct in office, to the same penal-
ties and imprisonment as school commissioners are or may
be subject to by law.
Loans. § 6. The school fund shall be kept loaned at interest,
at the rate of twelve per cent, per annum, payable semi-
annually in advance. No loan shall be made hereafter
for a longer period than ten years, and all loans exceeding
Security. one hundred dollars shall be secured by unincumbered real
estate, of double the value of the sum loaned, exclusive of
the value of perishable improvements thereon. For sums
of one hundred dollars and less, two good sureties, besides
Proviso. the principal, shall be required : Provided, the common
council shall liave power to reduce the rate of interest by
a vote of two thirds of all the aldermen elected.
Notes &o., how § 7. All notes and securities shall be taken to the city
to betaken, ^f Chicago, for the use of the inhabitants of said townsliip,.
for school purposes, and in that name all suits, actions, and
every description of legal proceedings, may be had.
Espensea. § 8. All expenses of preparing or recording securities
shall be paid exclusively by the borrower.
§ 9. In the payment of debts of deceased persons,
Preference. those due the school fund shall be paid in preference to all
167 1851.
others, except expenses attending the last illness and fune-
ral of the deceased, not including the physician's bill.
§ 10. If default be made in the payment of interest, or Default,
of the principal, when due, interest at the rate of fifteen per
cent, upon the same shall be charged from the default, and
may be recovered by suit or otiierwise. Suits may be
broug'at for the recovery of interest only, where the principal
is not due.
§ 11. All judgments recovered for interest or princi- Interest on
pal, or both, shall respectively bear interest at twelve per J^'^S'^ents.
cent, per annum, from the rendition of judgment until paid ;
and in case of the sale of real estate thereon, the city of
Chicago may become the purchaser thereof, for the use of
the school fund, and be entitled to the same rights given
by law to other purchasers. On redemption, twelve per
,ceJit. interest shall be paid from the time of sale.
§ 12. No costs made in the course of any judicial pro- Costs,
ceedings, in wiiich the city of Chicago, for the use of the
school fund, may be a party, shall be chargeable to the school
fund.
§ 13. If the security on any loan should, at any time Renewal of se
before the same is due, become, in the united judgment of "^""'y-
the school agent and common council, insecure, the agent
shall notify the person indebted thereof; and unless further
satisfactory security shall be fortiiwith given by the debtor,
judgment may be recovered thereon as in other cases, al-
though no condition to that effect be inserted in the note
or otiier security.
§ 14. The common council shall annually publish, on Publication of
the second Tuesday in February, in the corporation news- statistics.
paper of the city, the number of pupils instructed in the
year preceding, the several branches of education pursued
by tiiem, and the receipts and expenditures of each school,
specifying the sources of such receipts, and the objects of
such expenditures.
§ 15. The school tax shall be paid into the city treasu- School tax to
rv, and be kept a separate fund for the buildinsr of school constitute a
.'" 11-1 • -1 i- 1 separate fund
houses, and keepmg the same in repair, and supporting and
maintaining schools.
CHAPTER XII. — Miscellaneous Provisions.
§ 1. The common council shall, at least ten days before statement of
the annual election in each year, cause to be published in receipts and
two newspapers in said city, a lull and correct statement of
the receipts and expenditures from the date of the last an-
nual report, together with the sources from whence the for-
mer are derived, and their mode of disbursement ; and also
a distinct statement of the whole amount assessed, received
and expended in the respective wards and divisions for ma-
1851. 168
king and repairing roads, highways and bridges, for the
same period, together with such other information as may-
be necessary to a full understanding of the financial con-
cerns of the city.
Remittance of § 2. Neither the mayor or common council shall remit
^j°jgg ""*^^ P'^"' any fine or penalty imposed upon any person for the viola-
tion of the laws or ordinances of said city, or release from
imprisonment, unless two-thirds of all the alderman author-
ized to be elected shall vote for such release or remission ;
nor shall any thing in this act be so construed as to oust any
court of jurisdiction to abate and remove nuisances, in the
streets or any other parts of said city, or within its juris-
diction, by indictment or otherwise.
Eeconsideration ^ 3. No vote of the common council shall be reconsid-
spedai*^^ meet- sred or rescinded :it a special meeting, unless at such spe-
ings. cial meeting there be present as large a number of alder-
men as were present when such vote was taken.
C'emetary lots § 4. The Cemetery lots which have or may hereafter be
exempt^^fiom ]^j^ q^j- ^^^j g^j^j [jy g^^j^j ^.j^y j"qj. private places of burial,
shall, with the appurtenances, forever be exempt from exe-
cution and attachment.
Pnbiication of ^ 5. Every Ordinance, regulation or by-law imposing
or mances. ^^^^ penalty, fine, imprisonment or forfeiture for a violation
of its provisions, sliall, after the passage thereof, be publish-
ed one week in the corporation newspaper, and proof of
such publication, by the affidavit of the printer or publisher
of said newspaper, taken before any officer authorized to
administer oaths, and filed with the city clerk, or any other
competent proof of such publication, shall be conclusive
evidence ot the legal publication and promulgation of such
ordinance or by-law, in all courts and places.
Actions. § 6. All actions brought to recover any penalty or for-
feiture incurred under this act, or the ordinances, by-laws
or police regulations made in pursuance of it, shall be
brought in the corporate name. It shall be lawful to declare
generally, in debt for such penalty or forfeiture, stating the
clause of this act or the by-laws or ordinances under which
the penalty or forfeiture is claimed, and to give the special
matter in evidence under it.
§ 7. In all prosecutions for any violation of any ordi-
Process. nance, by-law, police or other regulation, the first process
shall be a summons, unless oath or affirmation be made for a
warrant, as in other cases.
§ 8. The common council shall have power to designate
Police justices, two or more justices of the peace in said city, who shall
have jurisdiction in any actions for the recovery of any fine
or penalty under this act, or any ordinance, by-law, or po-
lice regulation of the city council, any thing in the laws of*
this state to the contrary notwithstanding. Such justices
shall have power to fine or imprison, or both, in their discre-
169 1851.
tion, where discretion may be vested in them by tlie ordi-
nance or regulation or by this act. The mayor may hold a
police conrt.
§ 9. Execution may be issued immediately on the ren- Escoution.
dition of judgment. It' the defendant in an}' such action
have no goods or chattels, lands or tenements, whereof the
judgment can be collected, the execution shall recjuire the
defendant to be imprisoned in close custody in the jail of
Cook county, or bridewell, or house of correction, for a
term not exceeding six months, in the discretion of the
magistrate or court rendering judgment ; and all persons
who may be committed under this section shall be confined
one day for each fifty cents of such judgment and costs.
All expenses incurred in ])rosecuting for the lecovery of
any penalty or forfeiture, when collected, shall be paid to
the treasurer for the use of the city.
§ 10. Any person or persons who shall injure or des- PenaUj.
troy any bridge, the construction of which may have been
heretofore or may be hereafter authorized or permitted to
be built by the common council, or any other pui)lic build-
ings or property belonging to said city, or shall cause or
procure the same to be injured or destroyed, shall be sub-
ject to a penalty not exceeding five hundred dollars for
each offence, to be recovered by the city in an action of
debt, and may be imprisoned for a term not exceeding six
months, in the discretion of the magistrate before whom
such conviction may be had, and such person or persons
shall also be liable in a civil action, at the suit of the city,
for the damages occasioned by such injury or destruction.
§ 11. No person shall be an incompetent judge, justice, -yvitngs^eg.
witness or juror, by reason of his being an inhabitant or
freeholder in the city of Chicago, in any action or proceed-
ing in which the said city is a party in interest.
§ 12. All ordinances, regulations and resolutions now Ordinances (o
in force in the city of Chica<j[o, and not inconsistent with remain m
this act, shall remain in force under this act until altered,
modified or repealed by the common council, after this act
shall take effect.
§ 13. All actions, rights, fines, penalties and forfeitures, ^^^^^j^^,^^ ^^^^
in suit or otherwise, which have accrued under tiie several
acts consolidated herein, shall be vested in and prosecuted
by the corporation hereby created.
§ 14. All property, real, personal or mixed, belonging p,.^pe,.ty vested
to the city of Chicago, is hereby vested in the corporation incorporation.
created by this act ; and the officers of said corporation
now in otlice, shall respectively continue in the same until
superseded in conformity to the provisions hereof, but shall
be governed by this act, which shall take effect from and
after its passage.
1851.
170
servators of tho
peace.
Ordinances. § 15, All Ordinances of the City, when printed and pub-
lished by authority of the common council, shall be received
in all courts and places without further proof.
Public act, § 16. This act shall be deemed a public act, and may
be read in evidence without proof; and judicial notice shall
be taken thereof in all courts and places.
Former acts not § 17. This act shall not invalidate any legal act done
invalidated. ^^ ^^^ common council of the city of Chicago, or by its
officers ; nor divest their successors under this act of any
rights of property, or otherwise, or liability which may have
accrued to or been created by said corporation prior to
the passage of this act.
Power of con- ^ 18. All officers of the city created conservators of
the peace by this act shall have power to arrest or cause
to be arrested, with or without process, all persons who
shall break or threaten to break the peace, commit for ex-
amination, 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 tlie
peace as the common council may prescribe.
§ 19. The city of Chicago shall not be liable in any
case for the board or jail fees of any person who may be
committed by any officer of the city, or by any magistrate,
to the jail of Cook county, for any offence punishable under
the laws of this state.
§ 20. Nothing in this act contained shall be so construed
as to deprive the common council of said city of any power
or authority conferred upon the same by the act incorpora-
ting said city, and the various acts amendatory thereto.
But the common council shall possess and enjoy all the
powers and authority heretofore conferrred upon the same,
except so far as such powers and authority have been ex-i
pressly modified or repealed by this act, or the acts here-
tofore mentioned.
This act shall be deemed a public act, and take effect
from and after its passage.
Approved February 14, 1851.
Jail fees.
Powers.
171 1851.
AN ACT to amend an act entitled <'An act conoorning the Mount Carbon Coal Com- In force Feb.16.
pany." 1851.
Section 1. Be it enacted by the people of the State of
Illinois, represented in the General Assembly, That the
said Mount Carbon Coal company shall not be allowed, and Prohibition,
they are hereby debarred, from running their railroad, char-
tered in the above recited act, at a less distance than four
hundred feet from the high water bank of Big Muddy riv-
er, so far as the}^ construct said road upon the south-west
quarter of section nine, township nine south, range two
west of the third principal meridian, owned and occupied
by Edward Holden, John Cavender, James Smith, William
H. Smith and others.
§ 2. And the said Mount Carbon Coal company shall
not, and they are hereby debarred, from building or con- bition! ^'^ ^
structing said railroad upon any lower or higher grade than
the railroad heretofore constructed and now in operation
by the said Edward Holden and others, while crossing
said railroad.
§ 3. This act sliall take effect and be in force from and
after its passage.
Approved Feb. 15, 1851.
AN ACT to incorporate the Astoria Seminary, at Astoria, Fulton county, Illinois. In force Feb.15.
1851-
Section 1. Be it enacted by the people of the State of
rHinuis, represented in the General Assembly, That Wil-
liam A. Hendnall, Balzee W. Lutz, Zachariah Gilbert, J a- Corporation.
cob C. Carlock, John Boyd, Robert McClelland and A. P.
Robertson be and they are hereby constituted a body poli-
tic and corporate, under the name and style of "The Trus-
tees of Astoria Seminary," and by that name shall have
perpetual succession, and a common seal, and as sucii shall powera.
be authorized to exercise all powers and privileges that are
enjoyed by the trustees of any seminary or institution of
learning in this state, not herein limited or otherwise re-
stricted.
§ 2. The said trustees, or a majority of them, shall First meeting of
hold their first stated meeting at the town of Astoria, on ^"""Porators.
the first Saturday in June, one thousand eiglit hundred and
fifty-one, or as soon thereafter as may be convenient, and
they, or a majority of them, shall, as soon as they think
proper, fix upon a permanent location for said seminary, at ^"cation of
or within a quarter of a mile of the said town of Astoria, ^®™'"^^*
and proceed to erect a building or buildings thereon, as
26
1851.
172
Eeal estate.
Limitation.
Proviso,
Adjournments.
Quorum.
By-laws.
Officers.
Principal and
tutors.
Vacancies.
Bonds.
Process.
soon as convenient and the interest of said institution may
require.
^ 3. The said trustees, or their successors, hy the
name of "The Trustees of Astoria Seminary," shall be
capable in law to purchase, receive and hold, to themselves
and successors, for the use and benefit of said institution,
any land or tenements, not exceeding three hundjt'd and
twenty acres of land, or rents, goods and chattels of what
kind soever which shall be given, or devised to or pur-
chased by them for the use of said seminary : Provided,
that th*e same shall not exceed thirty thousand dollars ; and
the said trustees, by their name aforesaid, may sue and be
sued, plead and be impleaded, in any court of law or equi-
ty in this state.
§ 4. In case a sufficient number of the trustees do not
attend to constitute a board for the transaction of business
at any meeting, those who do attend may adjourn to any
day thereafter, or to the next stated -meeting, and shall give
ten days' notice of any such adjourned meeting. A majori-
ty of the trustees shall be a sufficient number to consti-
tute a board for the transaction of all business for said
seminary.
§ 5. The trus'ees shall have power, from time to time,
to make, alter or amend by-laws, rules and regulations for
their government, and the management of said seminary,
not contrary to the constitution and laws of tiiis state, or
of the United States, or the provisions of this charter.
§ 6. The trustees shall elect a president, secretary and
treasurer to their own body, but the treasurer shall not be
one of the trustees ; they shall also have power to elect a
principal and such other inferior tutors as may be neces-
sary ; and upon the death, resignation or legal disability of
any of the trustees, president or other officers of the said
institution, the board of trustees shall supply the vacancy
by ballot.
§ 7. The treasurer of said institution always, and other
agents, when required by the trustees, before entering up-
on the duties of their offices, shall give bonds for the secu-
rity of the corporation in such penal sum and with such
securities as the board of trustees shall approve ; which
bond shall run in the name of the trustees of said institu-
tion, in their corporate capacity, for the use of said institu-
tion. All process against said corporation shall be by
summons, and service of the same shall be by leaving an
attested copy with the secretary of said institution at least
twenty days before the return day thereof.
§ 8. The president and other officers of said institution
shall be subject to the diiection of the board of trustees,
and shall continue in office for such term of time as may
be fixed by the by-laws. The president of the board of
173 1851.
trustees shall have power to call special meetings of said
trustees, and it shall be his duty, upon the request of three
of thera, to do the same, giving ten days' notice thereof.
§ 9. The trustees of the corporation shall have author- Course of stu-
ity, from time to time, to prescribe and regulate the course ^'*^*"
of studies to be pursued in said institution, to fix the rate
of tuition, room rent and other expenses connected there-
with ; to appoint instructors, and such other officers and Pf'^Ter of trufl-
agents as shall or may be needed in managing the concerns ^'^'^~'^'
of said institution; to define their powers, duties and em-
ployments; to fix their compensation; to displace or re-
move either of the instructors, officers and agents ; to erect
the necessary buildings ; to purchase books, chemical, as-
tronomical, philosophical and mathematical apparatus, and
other suitable means for instruction ; to make rules for the
general management of the institution, and the regulation
of the conduct of the students, and to add, as the ability of
the said corporation shall increase, and the interest of the
community shall require, additional departments for the
study of any or all of the liberal professions. Females as
well as males may be taught in said seminary, and a de-
partment expressly for the education of females may , be
attached thereto, whenever the trustees, in their discre-
tion, may so direct. And the said trustees may also at-
tach to said institution a department for such branches as
are taught in common schools ; and where such departments
shall be in operation in conformity with the school laws of
this state, and the trustees shall be entitled to draw their
proportion of the school fund for such scholars as may at-
tend the same belonging to the township where said semi-
nary may be located.
§ 10. The trustees of said institution shall be accoun- ^''^""'■abiiit/
table at all times for their conduct in the management of ^ ^^ °°'
the business aforesaid, to the general assembly of the state.
§ 11. Professors, tutors or instructors in said seminary, *[™^."^" ""'^ *■**
shall in no event belong to the board of trustees.
This act to take effect from and after its passage.
Approved Feb. 15, 1851.
AN ACirtrO incorporate the Warsaw and Macomb Railroad Company. j^ (otco Fob. 15
1S51.
Section 1. Be it enacted hy the people of the State of
Illinois, represented in the General Jlssemhly, That all
persons who shall become stockholders pursuant to this act, Corporation,
shall be and they are hereby constituted a body politic and
corporate, by the name of the " Warsaw and Macomb
1851. 174
«e.norai power?. Railroad company," and by that name shall have perpetual
succession, and have power to contract and be contracted
with, sue and be sued, plead and be impleaded, in all courts
and places, have a common seal, and alter the same at
pleasure, and shall have power to make by-laws, not incon-
sistent with the laws of this state or of the United States.
§ 2. The said company hereby incorporated may ap-
Appointmentof pQ[fjt anv ouc or more of its members, or other person or
person to man- >■ *', ^ i i i • i. ^i i ■ j
age business, persons, to manage, control and direct the business and op-
erations of said company, according to such by-laws, rules
and regulations of said company as may be passed by them
from time to time, not inconsistent with law as aforesaid.
„, , ^ , § 3. The said company are hereby authorized to con-
Object of corpc- 2 . ^ -I 1 ,. il X C \\T
ration. struct and maintain a railroad irorn the town oi Warsaw, in
Hancock county, by Carthage and Macomb, on the track
of the Peoria and Warsaw railroad, to Canton, terminating
at said Canton, in Fulton county, or at such point on such
route between said points as a majority of the directors of
said company shall determine, to transport, carry and con-
vey persons and property upon the same, by the power and
force of steam, of animals or any mechanical power.
§ 4. It shall be lawful for said company to take posses-
Bi^it to use • ^ such road or parts of said railroad as have been
road oom- , , / . i i i ^i . - j j.
mencedby heretotore commenced on said route by the state, and to
sufce. construct their road thereon, and the said company is here-
by authorized to sue for and receive all damages, if any, that
may be done or may have been done to said road; and on
the completion of said road, or any part thereof, by the said
company, all the interest, property, right of way and eve-
ry privilege belonging to the state in the same, shall be
vested in, and ever after such completion as aforesaid, be-
come the property of said company. Said completion to
be ascertained by the report of some engineer, made under
oath to the governor ; which report shall be filed by him iii
the auditor's office of this state.
§ 5. John F. Charles, William H. Roosevelt, William
OOTimissioners. fj^ Ralston and Artois Hamilton, of Hancock county; and
Thompson Chandler, Hugh Ervin and Isaac Grantham, of
McDonough county; Thompson Maple and John W. In-
gersoll, of Fulton county, are hereby appointed commis-
sioners, whose duty it shall be, within six months after the
passage of this act, at some suitable place in the towns of
Warsaw, Carthage, Macomb, and in such other places as a
majority of them shall direct, to open books and receive
Stihwi|)tionfi. subscriptions to the capital stock of said company, in shares
of one hundred dollars each, after giving thirty days' no-
tice of the time and place of opening such books ; and the
said commissioners shall be authorized to re-open said
books at such other times and places, and in such manner
aad after such notice as they or a majority of them shall
175 1851.
direct; and whenever the sum of one hundred thousand
dollars capital stock shall be subscribed, it shall be the duty
of said commissioners to give thirty days' notice in some
newpaper or newspapers, for a meeting of the stockhold-
ers, at such time and place as a majority of said commis-
sioners may appoint, to choose five directors; ^ach share j);j.ggjjjyg
of tlie capital stock entitling a stockholder to one vote,
which vote may be given in person or by proxy. The said
commissioners to conduct the first election, to certify under
their hands the names of the five persons thus elected, and
deliver over the subscription books to the said directors ;
and the time and place of holding the first meeting of the
directors shall be fixed by the said commissioners.
§ 6. The directors arc hereby authorized to make or Power of direc-
cause to be made such examinations and surveys on ^°'^"
the aforesaid railroad route as they shall deem necessary
and proper, for the purpose of carrying into eflTect the
object of said corporation, and to take possession of and
use such portions of the old railroads belonging to the
state, in conformity to section four hereof, and may also
take and hold all voluntary grants and donations of land,
money or labor to aid in the construction, maintenance and
accommodation of their said railroad ; and all lanes entered
upon and taken for the use of said corporation, outside of
the old railroad route as aforesaid, which are not donated
by the owners thereof to said corporation, shall be paid for
by tlie said corporation, at such price 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
by law for the recovery of damages happening by the lay-
ing out of highways.
§ 7. It shall be lawful for the company hereby incorpo- Toils,
rated, from time to time, to fix, regulate and recover the tolls
and charges by them to be received for transportation of
property or persons on the railroad aforesaid hereby author-
ized to be constructed, erected, built, made and used, and
apply its surplus funds to such purposes as the company may
think proper.
§ 8. It shall be lawful for the directors to require pay- Payment of sui-
ment of the capital stock subscribed, in such sums, at such ^^cnptions.
times and in such proportions, and on sucli conditions, as
they shall see fit, under the penalty of the forfeiture af all
previous payments thereon ; and shall give notice to the
stockholders of the payments thus required, and of the
place where and when the same are to be paid, at least
thirty days previous to the payment of the same, and to
authorize the subscription books of said company to be re-
opened, at such times and places as they may determinej for
the further increase of their capital stock.
1851. 176
Penalty. § 9. If any person or persons shall wilfully, maliciously
or wantonly, and contrary to law, obstruct the passacre of
any car on said railroad, or any part thereof, or any thing
belonging thereto, he, she or they, or any person assisting,
shall forfeit and pay to the company, for every such offence,
treble such damages as shall be proved before any court
competent to try the same, and such offender shall be
deemed guilty of a misdemeanor, and liable to indictment
and imprisonment in the county jail not exceeding two
years ; and in consequence of any such obstruction should
any person or persons be badly injured, then ?uch offender
shall be deemed guilty of manslaughter, and, upon con-
viction thereof, punished by confinement in the peniten-
tiary as provided by law.
Limitation. §10' The Said company is allowed two years to com-
mence said road in, and five years to complete the same,
from the passage of this act.
§ 11. This act to be in force from and after its passage.
Approved Feb. 15, 1851.
In force Feb. 15, -^N ACT for the relief of a certain persoE tlierein named-
1851.
Section 1. Be it enacted by the people of the State oj
Illinois, rep'resented in the General tdssembly, That the
Appropriation auditor of public accounts be and he is hereby authorized
phei4"n. ^ ^i^t^ required to issue his warrant in favor of William J.
Stephenson, for the sum of one hundred and fourteen dol-
lars and eiglity cents, for his services as clerk of the dis-
trict court held at Metropolis, in Massac county, on the
nineteenth day of September, A. D. one thousand eight
hundred and forty-nine, in pursuance of a proclamation is-
sued by the governor of this state; and the treasurer is
hereby required, upon the presentation of said warrant, to
pay the same out of any money in the treasury not other-
wise appropriated.
§ 2. This act shall be in force from and after its pas-
sage.
Approved Feb. 15, 1851.
177 1851.
AN A.C7. to aiaoii'l an act to incorporate the Spoon River Navigation company, aj)- Cu f'^rce ?eb.l5>
prov;I Marr'a .Id, 1S37; also the act entitled '''An act to amend an act entitled 1351.
'An act to incorporate the Spoon River Navigation company/ approved February
2Sth, :I84:.,''
Section 1. Be it enacted hy the people of the State of
Illinois, represented in the General Assembly, That the
third section of the act entitled "An act to amend an act I'^'t ')f act r«-
• • - 1 CI T1 • AT • • pealed.
entitled -An act to incorporate the bpoon River JNavigation
com[)a\iy,' approved February twenty-eighth, one thousand
eight iiuadred and forty-five," be and the same is hereby
repeajcd-
§ 2. The said company shall be permitted to commence Point of com-
the improvement of said Spoon river, for the purpose of n^encmgwork.
making tiie same navigable, as contemplated by the said
company's charter, at any point the said company shall
deem proper, and shall also have the right to procure from
the ov,'ner or owners of any lands adjoining or in the vi-
cinity of >aid river, by purchase or gift, or as provided by
their charter, tiie rio^ht of way for any canal, cut or exca-
, ^ , •' .•',-,. Right of way.
vatu'ii. i'.n' the purpose of sliortening the distance, or ren-
dering 'heir project more feasible ; and in all cases where
the kiiidt; belong to the state denominated "swamp or over-
flow*: ■! i:uid" the right of way is hereby granted to said
company of the width of one hundred feet, for the purpose
of cutting any such canal, or making any such excavations
for tlie wse of said company : Provided, that in all cases proviso,
where sucli state land is taken by said company, a survey
tliereol" siialj be made, and certified by a practical surveyor,
signed by two or more of the directors of said company,
and illed in the office of secretary of state.
§ 3. The said company shall have the right to cut, make Right to make
and construct a canal, commencing at any point on said '^'^'^^ •
Spoon river, below the town of Bernadotte on said river,
and L J coutinue the same, or part or parts thereof, to the
Illinois river, above or below the (now) junction of Spoon
river and Illinois river, at any point that the said company
shall deem for their interest or for the public good, and con-
struct all necessary basins or work necessary for the safety
of boavi and tor the protection of their works.
§ 4, Said company may regulate and provide, in their By-laws,
by-la w--, for the election of officers, their terms of service,
fix tiicir remuneration, and fill vacancies, and all such other
matters as shall be necessary for the government of said
company and protection of their property: Provided, the Proviso,
samt vl. ill not conflict with the constitution or laws of the
Uniti 1 States or of this state; and any person or persons
who ^iiall wilfully obstruct the navigation of said Spoon
river, or any canal belonging to said company, or wilfully
injure any lock, dam, appendage, or any other property or
tluog belonging to said company, or connected with the
1851. 178
navigation of said river or canal, basin, cut, or excavation,
Penalty. shall forfeit and pay the said company the sum of three
wi: es the amount of actual damages, and in no case a sum
less than twenty-five dollars, the same to be recovered in
the name of the "Spoon River Navigation company," be-
fore any court having jurisdiction of the amount claimed ;
and if the said amount of damage or forfeiture claimed
does not exceed one hundred dollars, then before any jus-
tice of the peace in the county where such person or per-
sons may be found in this state. All laws and parts of laws
enacted for the benefit of said company, or constituting
their chapter, which may come in conflict with this acty are
hereby repealed.
Tliis act to be in force from and after its passage.
Approved February 15, 1851.
In force Feb. 15, AN ACT to authorize certain persons to construct a clam across Fox river, for by
1851. draulic and manufacturing purposes.
Section 1. Be it enacted hy the. people of the. State of
• Illinois, represented in the General Jissemhly^ That Wil-
Corporation. Ham H. W. Cushman, George E. Walker, John V. A. Hoes,
George H. Norris, Lorenzo Leland and Henry G. Colton,
or such of them or such other persons as may choose to as-
sociate with them, by subscribing to the stock of a compa-
ny as hereinafter authorized, are hereby created a body-
corporate and politic, by the name of the " Ottawa Manu-
facturing company," and by that name shall have perpetual
©eneralpowers. gm>jjgggJQj^^ and be Capable of contracting and being con-
tracted with, of suing and being sued, of acquiring, either
by purchase or under the provisions of this act as herein-
after authorized, and of holding real estate and personal
property, for the purposes contemplated and authorized by
this act, or in discharge of debts due the said corporation,
and of using and disposing of the same; may have a com-
mon seal, whicli t'.ey may alter at pleasure, and may make
all needful by-'.aws for the government of the company, its
officers, anu the management of its aflfairs, and alter the
same at pleasure ; may appoint or provide for the election
of such officers and agents as may be deemed necessary,
and prescribe the duties and liabilities of all the officers of
said company.
Object of corpo- ^ .^' "^'^^ ^f^^ company, when formed, are hereby au-
ration. thorized to build a dam across Fox river, on section eleven
(11,) or twelve (12,) in township tliirty-three (33) north,
of range three (3) east, in La Salle county, for the purpose
179 1851.
of creating a water power ; and the said company may use,
lease or otherwise dispose of the same, and may construct
suchotiier works, buildings and machinery as may be deem-
tu necessary or proper to use such water and to promote
tlie interests and objects of the company.
§ 3. The said company, having first obtained the assent ^^'^e of streets
of the corporate autliorities of the town of Ottawa, may "^''^^
use any of tiie streets, alleys or public grounds in the said
town, for the purpose of creating such power, or of using
Oir applying the same, as herein provided and authorized.
§ 4. The capital stock of said company shall not ex- Capital stock.
ceed fifty thousand dollars, which shall be divided into
shares of one hundred dollars each.
§ 5. The persons named in the first section of this act, ^^i^scripUone.
xxr a majority of them, or of the survivors of them, if any
shall die, may cause books of subscription to the capital
stock of said company to be opened at some public place,
after havins: given notice of the same for at least thirty
days, by publication in some newspaper printed in said
county. Any person may become a stockholder in said
company, by subscribing at least one share and paying the
same, and all assessments thereon when called for. Each
share shall be entitled to one vote in all proceedings or
elections of said company, which may be given in person or
by proxy.
§ 6. After five thousand dollars of the stock of said Election of di-
company shall be subscribed, and ten per cent, thereon paid ^^^^°^-
in, an election may be held for not less than three nor more
than seven directors, of wliich the same notice shall be
given as required in section five. At the same time and
place such articles of association and by-laws as may be
deemed best for the government of the company and its of-
ficers, and the management of its affairs, may be adopted.
§ 7. The directors shall hold their offices for one year Term of office,
and until their successors are chosen, which may be provi-
ded for in the articles of association or by-laws of said com-
pany. The directors shall have the management of all the
business of said corporation, the application of its funds, ^°^^ °^ ^''**'
the disposition of its property, and shall make all contracts
and conveyances ; all of which, however, sliall be in accor-
dance with the articles of association and by-laws of said
corporation.
§ 8. The said corporation, for the purposes herein ex- ^'^'''^ '^*'''®-
pressed and authorized, may enter upon and take or flow
any real estate deemed necessary : Provided, that the said Proviso,
company shall pay the value of such real estate and damage
done by flowing or injuring lots or l;ands by the erection of
the said dam or any of the works of the company. For
the purpose of ascertaining the value of such real estate, or
the amount of such damage, the said company may apply. Damages.
1851.
180
by petition, to the circuit or county court of said county ;
in which petition shall be set forth the point, as near as may
be, at which the said company propose to build the said
dam, or at which the same is built, and the height to which
they propose to erect or have erected the same above low
or the ordinary stage of water in said river, the property,
particularly describing it, taken or proposed to be taken for
tlie purposes herein authorized, or to be flowed, occupied
Legal proceed- or injured by the works of said company. Notice shall be
lags. given of the filing of s;ich petition, or of the intention so to
do, personally to the owners, if known, and by publication
in at least two newspapers printed in said county, once in
each tor six weeks, stating in such notice the facts required
to be set forth in the petition, the last of which publication
shall be at least sixty days prior to the day on which said
petition is heard or acted upon by said court. Any person
owning or having an interest in such real estate, or any part
thereof, may, upon application by filing in the court a state-
ment of such ownership or interest, verified by his or her
affidavit, be heard in such proceeding. Upon the hearing
of such petition the said court shall appoint five commis-
sioners, who shall be disinterested, and who shall take an
oath faithfully to discharge the duties of their of^ce, any
three of whom shall be competent to act. The said com-
missioners, or a majority of them, shall, at such time and
place as the said court may direct, proceed to examine and
estimate the value of such real estate as is proposed to be
taken, and the injury which may be done by the said dam or
works of said company to the real estate flowed or to be
flowed or injured thereby. The said commissioners may
administer oaths, and hear any evidence off'ered, and may
personally inspect the property ; and in estimating the dam-
ages shall consider the benefits to result from the works of
said company. The commissioners shall report to said
court, stating the value of such real estate and the dama-
ges, setting forth the value of or damage to each parcel of
real estate, separately. The said court, upon receiving
such report, shall make an order condemning such real es-
tate to the use of said company, or its works, and the com-
pany shall thereupon, on demand, pay to the persons legal-
Psovlso. ly entitled thereto the amount so ascertained : Provided,
the said court may, for good cause shown, order a re-as-
sessment of the value or damages of such real estate, or
any portion thereof. The said company shall also pay all
costs of the proceedings.
§ 9. Any person owning lands taken, flowed or injured,
may, in like manner, apply to said court to have the value
of the same, or the injury thereto, ascertained, but no other
or further proceedings shall be had against said com] any.
§ 10. This act shall be considered a public act.
Approved Feb. 15, 1851.
©aoiftfces.
181 1851.
AN ACT to incorporate the Farmers' College in Macoupin county, Illinois. In force Feb.l5,
1851.
Section 1. Be it enacted by the people of the State of
Illimiis^ represented in the General Ji^^emhl;!^ TliatAlvn
M. Dixon, John A. Chesnut, Samuel Welton, Grundy H. Corporation.
Blackburn and David A. McCord, and t'leir successors,
be and they are hereby created a body corporate and poli-
tic, by the name of the " Trustees of the Farmers' College,"
and by that style and name to remain and have perpetual
succession. The college shall remain permanently located Location of coi-
in Macoupin county ; the number of trustees shall not ex- ^^s®-
ceed fifteen, exclusive of the president, principal or pre-
siding officer of the college, who shall be ex officio a mem-
ber of the board of trustees.
§ 2, For the present tlie aforesaid individuals shall con- Trustee*.
<ftitute the board of trustees, who shall fill the remaining
vacancies at their discretion. The object of said corpora- objects.
tion shall be the promotion of the general interests of edu-
cation, and to qualify young men to engage in the several
employments of society, and to discharge honorably and
usefully the various duties of life.
§ 3. The corporate powers hereby bestowed shall be Corporate pow-
such only as are essential or useful in the attainment of
said object, and such as are usually conferred on similar
bodies corporate, viz : to have perpetual succession, to
make contracts, to sue and be sued, implead and be im-
pleaded, to grant and receive, by its corporate name, and
to do all other acts as natural persons may ; to accept, ac-
quire, purchase or sell property, real, personal and mixed,
in all lawful ways ; to use, employ, manage and dispose of
all such property, and all money belonging to said corpora-
tion, in such manner as shall seem to the trustees best
adapted to promote the objects aforementioned ; and to
have a comsnon seal, and to alter or change the same; to
make such by-laws for its regulation as arc not inconsistent
witli the constitution and laws of the United States or of this
state, and to confer on such persons as may be considered
worthy such academical or honorary degrees as the nature
and title of the institution indicate.
§ 4. The trustees of the corporation shall have author- Power of tras-
ity, from time to time, to prescribe and regulate the course ^^^^'
of studies to be pursued in said college, and in the prepar-
atory departments attached thereto, to fix the rate of tui-
tion, roo.n rent, and other college expenses ; to appoint
instructors, and sucli other officers and agents as may be
needed in managing the concerns of tlie institution ; to de-
fine their powers, duties and employments ; to fix their com-
pensation ; to displace and remove either of the instruc-
tors, officers or agents, as said trustees shall deem the inter-
es,t of the s \id college; to require to fill all vacancies
1851.
182
Vacaaoy.
Proviso.
among said instructors, officers and agents; to erect neces-
sary buildings ; to purchase books and chemical and ])hilo-
sophical apparatus, and other suitable means of instruction;
to put in operation a system of manual labor, for the pur-
pose of lessening the expense of education and promoting
the health of the students ; to make rules for the general
management of the affairs of the college, and for the regu-
lation of tlie conduct of the students, and to add, as the
ability of the said corporation shall increase, and the inter-
est of the community shall require, additional departments
for the study of agriculture and the mechanical arts, on
scientific principles.
§ 5. If any trustee shall be chosen president of the
college, his former place as trustee shall be considered as
vacant, and his place filled by the remaining trustees. The
trustees for the time being shall have power to remove any
trustee from his office of trustee for any dishonorable or
criminal conduct : Provided^ that no such removal shall
take place without giving to such trustee notice of the
charges exhibited against him, and an opportunity to defend
himself before the board, nor unless that two- thirds of the
whole number of trustees for the time being shall concur
in such removal. The trustees for the time being, in order
to have perpetual succession, shall have power, as often
as a trustee is removed from office, die, resign or remove
out of the state, to appoint a resident of the state, to fill the
vacancy in the board of trustees occasioned by such removal
from office, death, resignation or removal from the state. A
majority of the trustees for the time being shall be a quorum
to do business.
§ 6. The trustees shall faithfully apply all funds by them
collected, or hereafter collected, according to their best
judgment, in erecting suitable buildings, in supporting the
necessary instructors, officers and agents; in procuring
books, maps, charts, globes, philosophical, chemical, and
other apparatus necessary to aid in the promotion of sound
learning in the institution : Provided^ that in case any do-
nation, devise or bequest shall be made for particular pur-
poses, accordant with the objects ot the institution, and the
trustees shall accept the same, every such donation, devise
or bequest shall be applied in conformity with the express
condition of the donor or devisor : Provided, also, that
Furtherproviso. i^j^^g donated or devised as aforesaid shall be sold or dis-
posed of as required by the ninth section of this act.
§ 7. The treasurers of said college always, and all other
agents when required by the trustees, before entering upon
the duties of their appointment, shall give bonds for the se-
curity of the corporation, in such penal sum and witii such
securities as the board of trustees shall approve ; and all
process against the said corporation shall be by summons,
and service of the same shall be by leaving an attested copy
Quorum.
A ppl icfttion of
fun
funds.
Proviso.
Bonds required
of officers.
183 1851.
witli the treasurer of the college, at least thirty days before
the returned day thereof.
§ 8. The said college and its preparatory departments Coiicfre open to
shall be open to all denominations of ciiristians, and the erT°°reUgio»a
profession of any particular religious faith shall not be re- faith.
quired of those who become students. All persons, how-
ever, may be suspended or expelled from said institution
whose habits are idle or vicious, or whose moral ciiaracter
is bad.
§ 9. The lands, tenements and hereditaments to be Limitation of
held in perpetuity in virtue of this act by this corporation, Property.
shall not exceed six hundred and forty acres : Provided^ Proviso.
however^ that if donations, grants or devises in land siiall,
from time to time, be made to this corporation, over and
above six hundred and forty acres, which may be held in
perpetuity, as aforesaid, the same may be received and held
by such corporation for the period of three years from the
date of every such donation, grant or devise; at tiie end
of which time, if the said lands, over and above the six
iiundred acres, shall not have been sold by the said corpo-
ration, then and in that case the said lands so donated,
granted or devised shall revert to the donor, grantor or
uie heirs of the devisor of the same, if the donor, grantor ,
or the heirs of the same, shall so demand.
Approved Feb. 15, 1851.
AX ACT to incorporate tlio American Bottom Drainage Company. In force Feb. 15,
1861.
Section 1. Be it enacted by the people of the State of
Illinois, represented in the General v^ssemhly. That Henry
Harbor, Malcom Robinson, Peter McCarty, J. F. Vignier, Corporation.
aod their associates and successors, be and they are hereby
constituted a body corporate and politic, by the name of tlie
"American Bottom Drainage company," and with power to
contract and be contracted with, sue and be sued in that
name, in all courts and places; they may have a common General powaw.
s.eal, and alter the same at pleasure ; they shall have power
to organize said company, by the appointment of a presi-
dent and such other officers as they may deem expedient,
at such time or times, place or places, and upon such no-
tice as they may think proper to give for that purpose ; and
when thus organized they and their successors shall have
power to pass such by-laws and make such rules and regu-
lations for the government of the company, and the raan-
^ement of its affairs and business, and the promotion of its
interests, as they may deem to be promotive of the welfare
1851.
184
Objects.
Powers.
Private prop-
el'ty.
Damages.
Capital stock.
Proviso.
Ponftlty.
and interests of said company, not inconsistent with the laws
and constitution cf the United States and of this state.
§ 2. For th.e purpose of draining and reclaiming and
rendering Iiealthful all or any part or portion of that coun-
try which lies south of Wood liver, in Madison county,
and north of the Kaslcaskia river, in Randolph county, and
the Mississippi river and the bluffs, and within the limits
aforesaid, said company are hereby authorized and empow-
ered, within the boundaries aforesaid, to dig canals, ditch-
es, sluices and outlets for standing waters in lakes, ponds,
slashes, ])Ools of water, creeks and lagoons, to turn the
channels or beds of branches, rivulets, lakes, lagoons, creeks
or ponds, and to remove all obstructions in the same ; to
raise embankment-!, levees or dykes wheresoever they shall
deem advisable, and alter aud vary the same at pleasure;
to declare what shall be considered nuisances, and to cause
the removal of- the same.
§ 3. Whenever it shall be necessary to take private
property for the use of the corporation, or to injure private
property in carrying out the general purposes of the cor-
poration, said company shall make a just compensation there-
for to tlie person whose property or materials may be wanted
and taken or injured ; and in case the amount of injury, val-
ue, or damages and compensation therefor cannot be agreed
on, the same shall be determined, valued, -condemned and
paid for or taken, by virtue of, under, and according to
the provisions of the law of this state now in force in rela-
tion to tlie right of way ; and v/hen said value or damages
are assessed and paid, or tendered, according to the pro-
visions of said act, the lands or materials therein described
shall become and be vested in said company, for the uses
and purposes of said drainage ; and when lands are in ques-
tion a copy of said report shall be filed with and recorded
by the proper recorder of deeds, in the county where said
land may lie; a certified copy of which shall be evidence
in all courts and places, as shall also any of the by-laws,
rules, regulations and acts of said company, duly certified
by the proper officer of said company, under the seal of
said company.
§ 4. Said company may fix the amount of their capital
stock, and increase the same from time to time : Provided^
said capital and stock shall not exceed the sum of ■ —
hundred thousand dollars. It may be divided into shares,
which shall be deemed personal property, and transferrable
in the manner provided by the by-laws.
§ 5. Any person who shall wilfully or maliciously com-
mit any damage, or do any injury to the works or property
of said company, shall forfeit and pay to said company a
sum equal to three times the amount of such damage or in-
jury, recoverable by action of debt before any court hav-
185 1851.
ing jurisdiction, or may be indicted, and, upon conviction
thereof, may be imprisoned and fined in the discretion of
the court before which such conviction is had.
§ 6. Said company may, by its by-laws, fix and regu- By- an-?,
late the number of its directors, and otlier officers and
agents, and the terms of office, the manner of appointing
tiie same, and also their duties and compensations, and also
all other matters and things proper and necessary to carry
out the intent and purposes of this act, and to which end
also they may acquire and hold such real and personal pro-
perty as they may deem necessary for that purpose.
Tiiis act is hereby declared to be a public act, and to
take etlect from and after its passage.
Approved Feb. 15, 1851.
AN ACT to provide for the improvement of tlie navigation of the Kaskaskia river,
and to drain the swamp and overflowed lands contiguous thereto. ^^ force Feb 1^.
ISo].
ISection 1. Be it enacted by the people of the State of
Illinois, represented in the General Assembly , That William
Williamson, Burnell Roberts, John B. Williams, John Med- ^'^^'°''^'°"-
dlesworth, and Daniel Gallagher, of Shelby county; John
Shirley, B. W. Thompson, James W. Berry, John L. Davis,
and A. P. H. Doyle, of Fayette county ; Thos. Keys, Hen-
ry Delay, George C. Lockwood, Daniel Collins, and God-
frey Ammons, of Clinton county ; and Joseph Wells, Henry
Brooksmith, and W. B. Rountree, of Washington county ;
and William C. Kinney, Aaron Land, jr., John Galbreath,
William Beanman, and Jeiferson Reaney, of St. Clair coun- •
ty ; and Eben Leavenworth, J. Feaman, U. G. Wehahein,
Sam'l B. Adams, John A. Willson, of Randolph, and Christian
H. Kitler, of Monroe county, be and they are hereby as-
sociated together for the purposes and with the duties and
powers hereinafter set forth, and shall have the power of '^™*''''*^P^J^^'"'-
succession and continuation as declared in this act, and
shall be known as the "Kaskaskia River Navigation com- Desi^jnation.
pany," in all courts and places whatever.
§ 2. The said persons shall meet together at Carlyle, qj^^^,^
in Clinton county, on the first Monday in the montli of May
next, and shall proceed to the election of a president and
secretary, who shall hold their offices for one year, and un-
til their successors shall be elected and qualified, and then
there shall be annual elections of said oiiicers held at Car-
lyle, on the first Monday of May of every year, and if
special elections shall become necessary, by death, resigna-
tion or otherwise, the said president and secretary may
1851.
186
Special dec- Convene special meetings of the said company, at such
tions. times and placei as they may deem proper lor that or any
other purpose. The said persons composing said company
shall be allowed and paid out of the county treasury of the
Compensation, county where they reside, the sum of one dollar and fifty
cents for each day they may be necessarily engaged in go-
ing to, attending and returning from said meetings, to be
certified to by t!ie secretary of said company.
Objects. ^ 3_ The said company shall proceed, as soon as prac-
ticable, to determine upon the time and mode of proceed-
ing in the improvement of the navigation of the Kaskas-
kia river, and of draining the swamp and overflowed lands
adjacent thereto, if the same shall be found to be practica-
ble, and upon determining the same they shall divide the
course of the said river into sections of convenient length,
and shall cause the said plan and the limits of said sections
to be entered upon their books, which are to be safely
kept and preserved by the secretary, subject to inspection
and examination by any person interested therein ; and the
said books shall be delivered over safe and in good condi-
tion to his successor in office.
§ 4. It shall be the duty of the said president and seo-
Oontraots. retary to cause proposals to be received for executing the
work contemplated in the act as above determined upon,
and for that purpose they shall give notice for at least one
month, in at least one newspaper printed in each of the
counties through which said river runs, of the time, place
and terms upon which proposals will be received for effect-
ing the improvement aforesaid ; which proposals shall be
sealed and delivered to the said secretary, to be by him
opened in the presence of the said president, and it shall be
their duty to award the contract to the lowest responsible
bidder, who, upon giving bond security, to the satisfaction
of said president and secretary, may be authorized to pro-
ceed in the execution of the work designated, pursuant
to the plan agreed on, a copy of which plan shall be fur-
nished to each contractor; and when the said work shall be
completed and accepted by the said president and secreta-
ry, they shall give to said contractor a certificate, drawn
Payinente. upon the treasurer of the state, to be paid out of the pro-
ceeds of the sale of the swamp and overflowed lands lying
in the said counties of Randolph, St. Clair, Washington,
Clinton, Fayette and Shelby, for the amount due him ;
which certificate shall bear interest at the rate of six per
cent, per annum, from date until paid. Said certificates
shall be numbered, and the numbers, dates, amounts, and
the name of the person to whom payable, shall be kept in a
proper book provided for that purpose by the secretary,
and they shall be signed by the said president and counter-
signed by the secretary, and no certificate or other evi-
187 1851,
dence of indebtedness shall, on any account, be issued un-
less upon a compliance witli the above requisites. Said
certificates shall be assignable by indorsement, and not
otherwise ; and the said secretary shall furnish the treas-
urer of this state with the number and description of each
certificate as soon as issued, which shall be filed and kept '
by said treasurer.
fl ^ ^J 1 '^i^® Pi'oceeds of the sales of the swamp and over- Proceeds of
flowed lands lying in the said counties shall be kept by the swamp ami
treasurer of the state separate and apart from the other ilnds"''"^
lands in his custody, and shall be exclusively applied and
appropriated to the payment of interest upon and the re-
demption of the said certificates, until the same are all paid
and satisfied; and the said certificates shall also be re- Certificates.
ceived by the auditor or other proper oflicer of this state as
cash, in the payment of any swamp or overilowed lands in
any of the aforesaid counties; but before the said certifi-
cates shall be taken in payment for said lands the auditor
or other officer sliall procure from tiie said treasurer a
statement, showing that said certificates are genuine, and
correspond with the said lists furnished by said secretary.
§ 6. The auditor shall note in his books, whenever any Tuty of audit-
certihcate is received as aforesaid, the date, amount, num- ^^^
ber, and name of the person to whom payable, of any such
certificate, and transmit the same to the treasurer, by whom
it shall be cancelled and filed and preserved in his office,
along with the certificates which he shall pay and redeem,
which shall likewise be effectually cancelled.
§ 7. Before the said president and secretary shall enter Oath of office
upon the duties of their oflices, they shall each take an
oath, faitnfully and without partiality or prejudice, to dis-
charge all tiie duties enjoined upon them by law, and that
they wdlnot be engaged in any way, directly or indirectly,
in any contract or letting in connection with said work,
during the time they or either of them shall be in office.
§ 8. Any person who shall falsely make, alter, forge orror-^ery of cer-
counterleit, or who shall knowingly have in his or her pos- tificates.
session, with intent to alter or pass the same, or who shall
knowingly alter and pass any forged or counterfeited certi-
ficate as aforesaid, shall be liable to the pains and penalties
to which by law apply to forgery and counterfeiting.
§ 9. The said president and secretary shall be'^allowed Compensation
such compensation as the said company may, at their second of officers.
annual meeting, resolve upon, and the same shall be paid
by the county courts of the said counties, in the proportion
to which they shall be liable, according to representation
in said company.
§ 10. Whenever any of the above named members shall Vacancie-
die, resign, remove from the county wherein they shall live
at the time this act goes into effect, the county court of said
27
1851. 188
, county may, if they shall consider the same necessary, ap-
point some other person in his stead, who shall have all the
rights and powers of his predecessor.
State not to be § !!• The state of Illinois shall never become respon-
responsibie. s'lhle for any debt or liability under the provisions of this
act, except in the manner and to the extent specified
herein.
§ 12. All suits and actions growing out of the business
^^ "' \ and operations under this act shall be commenced and con-
ducted by or against the president and secretary of the said
' Kaskaskia River Navigation company, and all necessary
expenses or costs incurred in prosecuting or defending any
suit or action shall be paid by the above counties, in pro-
portion to their representation in said company.
improTement of § 13. Be it further enacted^ That William Worthen,
Big Muddy. Bejij. Booue, John Logan, sr., and Ira Byers, of Jackson ;
Robt. Marrion, G. W. Binkley, James R. Odam and Henry
W. Perry, of Williamson county; Samuel R. Casey, Ben-
jamin Pope, Wm. R. Browning, and Lemuel R. Harrison,
of Franklin county, who shall meet at Marion, in William-
son county, for the purpose of organizing under the provi-
sions of this act, be associated together for the improve-
1 ' ment of the iiavigation of the Big Muddy river, and drain-
ing the swamp a'ld overflowed lands contiguous thereto, in
the same manner, with the same rights, powers and duties
in regard to the swamp and overflowed lands lying in the
Powers. counties of Jackson, Williamson and Franklin, as are con-
ferred in the preceding sections upon the persons associated
together for tiie improvement of tlie Kaskaskia river and
• ■■ draining the contiguous lands, and all the provisions of said
sections shall apply to the association contemplated in this
section, in reference to the said lands lying in the said
counties mentioned in this section,
r. .. .. „f„ 5 14. The drafts or certificates mentioned in this act
iiumtation 01 a- is
mountofcerti- shall not exceed the sum of two thousand dollars for each
ticates. ^^ ^.j^^ aforesaid rivers ; and the governor of the state shall
have the power, and it shall be his duty, whenever he shall
be satisfied that the proceeds of said lands are or are about
to be wasted and misapplied, to cause a notice to be served
upon the president and secretary of said companies, res-
pectively, when all proceedings shall cease, and no further
expense shall be incurred until authorized by the general
assembly ; and the said companies shall furnish the auditor
with a detailed statement of their expenditures annually.
Approved Feb. 15, 1851.
189 • 1851.
AN ACT to authorize William Dickson, and others, to build a bridge across Roclt I„ force Febru-
nvor, atCamdcu. ary 15, 1851-
Section 1. Be it enacted hij the people of the State of
Illinois, represented, in the General Jisscmhhj, That Wil-
liam Dickson, and his associates and assig-ns,' bo and the Authority to
same are hereby authorized to build a toll-bridge across i^uii'i bridge.
Rock river, in Rock Island county, from Camden, on the
south side of said river, at some point below the present
dam, to Van Roof's Island, and from Van Roof's Island to
the north bank of said river, near the present brido-e : Pro-
vided, that said bridge shall be constructed across'^the main
channel of said river at as great an elevation above the
bed of the river as tiie present existing bridge : And ])ro-
videdj'urther, that said bridge shall be const'ructed with a
draw at least forty feet in width, so as to admit the free
passage of steamboats and other craft navigating said riv-
er; and if at any time hereafter the navigation of said
Rock river shall be improved by slack- water or otherwise,
said bridge shall be so changed in its construction as not
to interfere with such improved navicration.
§ 2. The said William Dickson^ and his associates,,,
heirs and assigns, sliall build said bridge of good materials,, suction. '""'
and m a substantial manner, so as to admit the safe passage
of persons, waggons, teams, cattle, &c., and shall com-
mence the building of the same within six months, and
have the same completed within three years from the pas-
sage of this act.
_ § 3. At each end of said bridge the said Dickson, and Toii-gato?.
his associates, heirs and assigns, are hereby authorized to
place atoll-gate, where tolls may be asked, demanded and
received by said Dickson, and his heirs and assigns, at the
following rates, to wit: for each of head of hogs or sheep Tolls,
crossing said bridge, one cent; for each head of cattle,
three cents ; for each one horse waggon or carriage, fifteen
cents ; for each two horse waggon drawn by horses or ox-
en, twenty-five cents ; for each three horse waggon drawn
by horses or oxen, thirty cents ; for each four horse wag-
gon drawn by four animals, thirty-five cents ; for each wag-
gon drawn by six horses or oxen, forty cents ; for each
led horse, mule or ass, four cents ; for one horse and rider,
ten cents ; and every foot passenger free of charge. And
all persons living on Van Roof's Island, or going to or re-
turning from said island, shall be permitted to go and re-
turn from Camden to said island free of charge, after said
bridge is completed.
§ 4. The said William Dickson and his associates, and List of rat€«»f
their heirs and assigns, shall cause to be kept up, in some *«"•
conspicuous places near the two extremes of said bridge,
lists of the rates of toll herein enumerated, and if they, or
any person acting under them, or by their authority, shall
1851.
190
Penalty.
Bridge to be
kept in repair
Ferry.
Eight of way.
Damages.
Association.
demand and receive more toll than is allowed by this act,
or shall unreasonably hinder or detain any person wishing
to cross said bridge, they shall, on conviction, for every such
offence, forfeit and pay the sum of five dollars, to be recov-
ered by any person suing for tiie same by action of debt,
before any justice of the peace of the county in which
such bridge shall be erected.
§ 5. If any person shall wilfully do or cause to be done
any injury to said bridge, the person or persons so offend-
ing shall forfeit and pay to the said William Dickson and
associates, and their heirs and assigns, double the amount
of such injury or damage, to be recovered befjre any court
having jurisdiction of the same.
§ 6. Tlie said William Dickson and his associates, and
their heirs and assigns, shall at all times, after the comple-
tion thereof, keep said bridge in good repair, and allow a
speedy passage to all persons and their property over it,
upon the reception of the tolls allowed as herein provided;
and if at any time the said bridge shall be impassable for
the space of one year, unless the same shall be burned or
destroyed by floods, the privilege herein granted shall be
considered as null and void.
§ 7. Until said bridge shall be fully completed and
ready for use, the said William Dickson and his associates,
their heirs and assigns, shall be permitted to establish a fer-
ry across said river at or near the place designated herein
for the building said bridge, and sliall be permitted to
charge for ferrying across said river the same rates of toll
hereinbefore expressed for passing over said bridge when
the same shall be completed.
§ 8. If it shall be necessary in constructing said bridge,
or in connecting the two ends wdiich are proposed to rest
on Van Roof's Island, or in making roads to lead to the
same, to take any real estate belonging to others, or if any
damage shall necessarily be done to the real estate of any
person in constructing said bridge, such damage may be
claimed and assessed and collected in the same manner as
is provided for the assessment and collection of damages
under the general road laws of this state.
§ 9. If at any time before the building of said bridge
the said William Dickson shall be desirous of associating
any person or persons with him for the purposes expressed
in this act, it shall be lawful for him and his said associates
to form themselves into a joint stock company^ by the name
and style of the "Camden Bridge company," with a capital
not exceeding thirty thousand dollars, to appoint officers to
conduct the affairs of the same, to issue stock certificates for
the respective amounts each individual may be entitled to,
to divide the stock into shares of one hundred dollars each,
and to pass ail necessary by-laws for transferring said stock
191 1851.
and regulating the operations of said joint stock company
in prosecuting and completing tlie objects herein expressed
and in the above name to sue and be sued, answer, prose-
cute and defend, in all courts of justice within this state of
competent jurisdiction.
§ 10. And the said William Dickson and his associates, Exclusiveriglit.
and their heirs and assigns, shall have the exclusive privi-
lege of bridging or ferrying said Rock river for the distance
of one mile above and one mile below the north and south
terniination of said bridge, for the space of time that the
privileges and powers herein contained are granted by this
act.
§ 11. All acts heretofore passed in relation to ferries Acts repealed.
and bridges at the point named in the foregoing sections,
on the said Rock river, are hereby repealed.
§^ 12. If the aforesaid William Dickson shall refuse to Refusal of Wm.
avail himself of the privileges and powers herein conferred l^ickson.
by this act, by declining the association herein provided
for, the said refusal shall not in any manner v/ork a forfeit-
ure, or by any reason impair the rights of the aforesaid
Dickson to take, enjoy and act upon the rights and privi-
leges herein granted, to the fullest extent ; but in the event
of such refusal by the said Dickson, the party choosing to
do so may as fully enjoy and execute the provisions of this
act as if no such refusal had taken place.
§ 13. This act to take eflect from and after its pas- Limitation.
sage, and be in force for the space of thirty years.
Approved February 15, 1851.
AN ACT to incorporate the Central Military Tract Hailroad Compan}'. lu force Feb. 15,
l!;61.
Section 1. Be it enacted by the people of the Slate of
Illinois, represented in the Cieneral JissemUij , That William
McMurtry, C. S. Colton, Jas. Bunce, W. Selden Gale, H. Corporati..n.
H. May, G. C. Lanphere, William yV. Wood, Alfred Brown,
Alva Wheeler, Peter Grouse, Amos Ward, Patrick Dunn,
Daniel Meeks, Silas Willard, A. C. Wiley, and their asso-
ciates and successors, be and they are hereby created a
body corporate, with perpetual succession, under the name
and style of the " Central Military Tract Railroad com- Style.
pany," for the purpose of constructing, holding and using
the railroad hereinafter mentioned.
§ 2. The said corporation are hereby authorized and Objects.
empowered to construct, establisli, liold and use a railroad
commencing at Galesburg, in the county of Knox, and run-
ning from thence, in a north-easterly direction, on the most
1851. 192 ,
direct and eligjible route to, and to connect with the Rock
Island and La Salle railroad, at such point in the county of
Henry or Bureau as the said company hereby incorporated
may desie^nate.
p^,^^gi.g § 3, The said company is hereby created and incorpo-
rated for the purpose of organizing under an act entitled "An
act to provide for a general system of railroad incorpora-
tions," in force November 5th, 1849, and in all things shall
be governed by the provisions thereof, and shall be entitled
Proviso ^^ have and exercise the powers and privileges and be sub-
ject to the liabilities therein enumerated : Provided^ that
the foregoing corporation may attach themselves to and form
a part of the Northern Cross Railroad comTiany, in such
manner or on such terms as said companies shall agree.
p. ,.. , § 4. The said company is hereby authorized and em-
money. powered to borrow money for the construction of said
road, and for the purchase of the rolling slock, fixtures,
&c., and to pledge the road and the property of said com-
pany for the payment of the said moneys so borrowed.
§ 5. This act to take effect from and after its passage.
Approved February 15, 1851.
In force Fcbru- AN ACT to amend an act entitled "An act to incorporate the St. Clair County Tarn-
aj-ylo, 1851. pike Company."
Section 1. Be it enacted hy the people of the State of
Illinois, represented in the General Assemhly, The Saint
Squire amr*"' ^^^'^ Couuty Tumpikc company may and they are hereby
alienate land, authorized and empowered to acquire, by purchase, and
hold, or again alienate, any quantity of land at each of their
toll-gates, not to exceed ten acres.
§ 2. The survey of the said road heretofore made by
the engineer of said company, and now deposited in the
recorder's office of Saint Clair county, shall be recorded
therein, after which the said survey shall be legalized as
the line of said turnpike road ; and said company are here-
by authorized to erect a toll-gate upon said road, at any
point more than one mile west of High street, in the city of
Belleville, any thing in the said act to the contrary not-
withstanding.
o
Part of section § j^' That SO much of the 14th section of said act as
repealed. requires the county of St. Clair to keep in repair any por-
tion of said road, be and the same is hereby repealed ; and
tlie said company are authorized to receive as toll, upon a
man and horse traveling the entire length of said road, ten
Survey legal
ized.
Tdll-n-ate.
193 1851.
cents, and for any sliorter distance, in proportion : Provi- Proviso.
ded^ tliat all persons traveling upon said road shall inform
the collector at the toll-gates, wiien required, of the dis-
tance upon said road by them traveled or to be traveled ;
and any person or persons driving stock on said road shall
give to the collector at the toll-gates through whicii they
may pass the true number of heads of stock by them driv-
en ; and any person who shall falsely state the distance, as
above, or give a false statement of the number of stock by
tliem driven, as above, shall forfeit and pay to said company
five dollars for every such offence, recoverable by action of
debt, in the name of said corporation, before any justice of
the peace in St. Clair county.
§ 4. This act shall be in force from and after its passage.
Approved February 15, 1851. ,
AN ACT to cliangc the name of Henry Skirman to Ilenry S cliwaka. In force FebniJt-
ry 15, 1851.
Section 1. Beit enacted hy the peo2)Ic of the State of
Il/inois, represented in the General Jisscmhly, That the
name of Henry Sherman, of the county of Clinton, be and Change,
the same is hereby changed, for all purposes whatsoever, to
that of Henry Schwaka.
§ 2. This act to be in force from and after its passage.
Approved Feb. 15, 1851.
ATT ACT to coTistrnct a railroad from Jacksonville, in Morgan county, to Alton, in In force Fcbrua-
Madisoii county. ry 15, 185] .
Section 1. Be it enacted by the j)cople of the State of
Illinois^ represented in the General ^^sseinhlij^ That Phil-
lip CofFman, David A. Smith, David M. Woodson, Alfred Corporation.
W. Cavarly, Alexander B. Morean, Willian B. Warren, A.
C. Dickson, Samuel M. Prosser, W. S. Hurst, Murray Mc-
Connel, James Dunlap, Thomas Carlia and Edward Kea-
ting, and their associates, successors and assigns, are here-
by created a body corporate and politic, under the name
and style of the "Jacksonville and Carrollton Railroad ^*yis- j
company," and by that name be and tliey are hereby made
capable in law and in 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 in any other place ; to make,
have and use a common seal, and tiie same to renew and al-
1851. 194
t'^r pleasure, and shall be and are hereby vested with all
General powers 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 and construct
and finally complete a railroad from the town of Jackson-
ville, in Morgan county, by the way of Manchester, in Scott
county, Whitehall and Carrollton, in Greene county, pass-
ing through Jerseyville, Jersey county, to Alton, in Madi-
son county ; and for this purpose, said company are author-
ized, upon the most eligible and proper route, to lay out
their said railroad wide enough for a single or double track,
Eigiitof way. through the whole length, and may enter upon and take a
strip of land not exceeding one hundred feet in width ; and
for the purpose of cutting embankments, stone and gravely
may take as much more land as may be necessary lor the
proper construction of and security of said railroad : Pro-
Provi.^0. vided, that nothing in this act shall be so construed as to
prevent the corporation created by this act from uniting
their road with the Alton and Sangamon railroad, at or near
Brighton, in Macoupin county, upon such terms as may be
■Tf: ■ ' .V ' agreed on between said companies ; and if an arrangement
be entered into by and between said companies, for the
company hereby created to run upon and use the Alton and
Sangamon railroad, from and near Brighton, the said com-
pany shall not be required to construct their road to Alton :
Further proviso. ^/2^ provided, further, that said company shall not be
fully organized and be capable of constructing their said
railroad, until one thousand dollars per mile of the stock of
said company shall, in good faith, be subscribed, and tei^
per cent, thereof be paid, agreeable to the provisions of
the act entitled "An act to provide for a general system of
railroad incorporations, " passed November 5th, 1849.
Capital stock. § 2. The Capital stock of Said company shall consist of
five hundred thousand dollars, and may be increased to one
million ol dollars, to be divided into shares of one hundred
dollars each. The immediate government and direction of
Directors. Said Company 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 office for one
year after their election and until others shall be duly elect-
ed and qualified to take their places as directors ; and the
Quorum. said directors, a majority of whom shall form a quorun: for
the transaction of business, shall elect one of their number
to be the president of the company ; that said board of di-
Power of direc- rectors shall have power to appoint all necessary clerks,
ttTs. secretary and other officers necessary in the transaction of
the business of said corporation.
Surveys. § ^' "^'^^ ^^^^ Corporation is hereby authorized, by their
agents, surveyors and engineers, to cause such examination
195 1851.
and surveys to be made of the ground and country between
the points herein named as shall be necessary to determine
the most advantageous route for the ])roper 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 use all such lands and real estate as may be neces-
sary for the construction and maintenance of their said
railroad : Provided^ that all lands or real estate entered
upon and taken possession of and used by said corporation,
for the purposes 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 own-j^
er or owners thereof by the use of the same for the purpo- °
ses of the said railroad ; and all lands entered upon and ta-
ken for the use of said corporation, which are not donated
to said company, shall be obtained and paid for in the man-
ner provided for taking lands for tlie construction of pub-
lic roads, canals and other public works, as prescribed in
the act concerning right of way, approved INIarch 3, 1845.
§ 4. If any person shall wilfully, maliciously or wanton- Penalty.
ly and contrary to law obstruct the passage of any car on
said railroad, or any part thereof, or any thing belrnging
thereto, or shall damage, break or destroy any part of the
said railroad, or implements or buildings, he, she, or they,
or an)' person assisting, shall forfeit and pay to said compa-
ny, for every such offence, treble the amount of damages
tliat shall be proved before competent court has been sus-
tained, and be sued for in the name and 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
tlie same manner as other indictments are found, in any
county or counties where such offence shall have been com-
mitted ; 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.
6 5. Tlie time of holdinof the annual meetino; of said-^'®'^,*i"" ^^ ^^'
company, for the election 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 by lawful proxy, one vote for each share of stock he or
she or they may hold, bona fide ^ in said company.
§ 6. Tlie persons named in the first section of this act Commissioners.
are hereby appointed commissioners, who, or a majority of
whom, are hereby authorized to open subscription books for
said stock, at such places as they may deem, proper. The
said commissioners shall require each subscriber to pay five ^'inscriptions.
dollars on each share subscribed, at the time of subscribing ;
and whenever one hundred thousand dollars shall be sub-
scribed, tlie said commissioners shall call a meeting of the
1851.
196
Slates of toll.
By-lawa.
stockholders, by giving thirt}^ days' notice, in some news-
paper printed in the county of Morgan; and at such meet-
ing it shall be lawful to elect the directors of said company ;
and when the directors 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
directors. No person shall be a director in said company
unless he sJiall own at least five shares of the capital stock.
Rieht of way § '^* That the right of way and tlie real estate purchased
and real estate, 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 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 of said company in fee sim-
ple.
§ 8. The said corporation may take and transport upon
said railroad any person or persons, merchandise, or other
property, by the force and power of steam or animals, or
any combination of them, and may fix, establish, take and
receive sucii rates of toll, for all passengers and property
transported upon the same, as the directors shall from time
to time establish ; and the directors are hereby authorized
and empowered to make all necessary rules, by-laws, regu-
lations 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 trans-
fer and assignment of its stock, which is hereby declared
personal property and transferable in such manner as shall
be provided for by the by-laws and ordinances of said cor-
poration.
§ 9. The directors of said company, after the same is
organized, shall have power to open books, in the manner
prescribed in the sixth section of this act, and to fill up the
additional five hundred thousand dollars of stock, or any part
thereof, at such times as they may deem it for the interest of
said company ; and all the instalments 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.
§ 10. In case of the death, resignation or removal of
the president, vice president or any director, at any time
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 absence of the
president and vice president, the board of directors shall
have power to appoint a president ^jro 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 time happen that an election shall not be held on
Additional
stock.
Vacancies.
197 1851.
any day on which, in pursuance of tliis act, it ought to be
held, tlie 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.
§ 11. That when the lands of any feme covert, persons l^ii^^ges toin-
1 j:- ; i- xi • i. X 1 11 1 fants, Ac, hovr
under age, nun compos 'mentis, or out or this state, shall be deteimincii.
taken in tlie 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 mentioned owners, re-
spectively, whenever the same shall be lawfully demanded.
That to ascertain the amount to be paid to the persons
named in this section for lands taken for the use of said
corporation, it shall be the duty of the judge of the first
judicial circuit, upon notices given to him by the said cor-
poration, to appoint three commissioners, to be persons not
interested in the matter, to determine the damages which
the owner or owners of the land or real estate so entered
upon 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 cor-
poration a written statement of the 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
th« 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 com-
missioners.
§ 12. That whenever it shall be necessary for the con- Water courses
struction of said railroad to intersect or cross any water and highways.
course or any road or highway lying between the points
aforesaid, it shall be lawful for the corporation to construct
their railroad across or upon tiie same : Provided, that the Proviso,
corporation shall restore the water course, or road, or high-
way, thus intersected, to its former state, or in a sufficient
manner not to have impaired its usefulness.
§ 13. That the capital stock of said company may be increase of cap-
increased from one million dollars to one million five hun- itai stock.
dred thousand dollars, from time to time, by new subscrip-
tions, if such increase shall be found necessary to fulfil the
intention of this act, upon the directors for the time being
giving the notice as herein required, previous to the open-
ing the subscription books for the original stock herein ; and
tliat all stock of said corporation shall be deeifted personal
property and transferable in such manner as the said cor-
poration shall, by its by-laws, prescribe.
§ 14. That it shall be lawful for the directors to require Payment of
payment of the sums subscribed to the capital stock, at ^'^°'""'
such times, and in such proportions, and on such conditions,
as they shall deem fit, under the penalty of the forfeiture of
1851.
198
all previous payments thereon, and shall give notice of the
payments thus required, and of the place and time wlien
and where the same are to be paid, at least ninety days
previous to the payment of the same, in some public news-
paper of this state, published in some one of the places
whpre the notice for the opening the books for subscription
to the capital stock may have been published.
Width of road. § 15. Ti)e width of said railroad is to be determined by
the said corporation, within the limits prescribed bv the
first section of this act.
Plank road. § 16. The said corporation may, if deemed advisable,
locate, construct and maintain a plank road, and not a rail-
road ; and such plank road shall be substituted for the rail-
road, or a plank road may be substituted between any of
rrLnV°"!i P°'"^' "^"''''^ ''^'■^^"- '^^'^^ '^^^ corporation may, for
the purposes of locating, constructing and maintaining said
road, borrow money, at an interest not exceeding seven per
cent, per annum, and pledge the road, and all or every part
of its property and effects, for the repayment thereof, and
may loan any surplus funds at such rate of interest as is
now allowed upon money loaned. If a railroad or plank
road shall be constructed between any of the points herein
named, the corporation shall continue to exist, and have,
use, manage and control the same, as though the whole
length of road had been completed.
Approved Feb. 15, 1851.
In force Februa
'17 157l85l"^" ^^ ^^'^ *" incorporate the Embarrass ELver Na^•igation Company.
Section I. Be it enacted hy the people of the State of
Corporation T'^'. represented in the General Assembly, That Thorn-
Corporation. ^ Marshall, of Coles county ; W. H. Starkweather, of
Cumberland county; Joseph Picquet, Joseph Shiffershein,
Mortimer O'Keane, Frank Fuller, Iliram Wade, Chris-
tian Sherick and Van R. Curtis, of the county of Jasper;
Alexander Stuart, of the county of Crawford ; Jacob May,
and Samuel Shultz, of the county of Richland ; Peter
Smith, Ebenezer Z. Ryan and Joseph G. Bowman, of the
county of Lawrence, and their successors in office, shall be
Style ,, ""''l '\e^"e^y created a body corporate, by the name and
style of the , "Embarrass Navigation company."
General powers. § ^' Said corporation shall have perpetual succession,
may make and use a common seal, may make by-laws for
the regulation of its officers and business, make contracts,
sue and be sued, buy and sell, hold and convey all real es-
tate necessary and proper to carry out the objects of tliis
charter, or in securing and collecting the debts of said cor-
199 1851.
poration, and sliall have all the other powers incident to
corporations at common law.
§ 3. The said board of directors hereby appointed shall Meeting of di-
meet in the town of St. Marie, in the county of Jasper, on ^''^'^*^'^'^*-
the first Monday in the month of May next after the pas-
sage of this act, and after severally taking an oath faithfully
to discharge the duties of their office, proceed to organize
by the election of one of their number as president, to pre- Officers.
side at the meetings of the board, and shall also appoint
such other officers as may be deemed necessary.
§ 4. The board of directors shall cause books to be Subscriptions.
opened for the subscription of stock, at such times and pla-
ces as shall be deemed expedient. And so soon as four
hundred shares of stock of fifty dollars each siiall be sub-
scribed, and two dollars paid, in cash, on each share, the
board of directors shall order an election of directors by
said stockholders, giving twenty days' notice of the time
and place of such election, at whicli election thirteen per- Election of di-
sons shall be elected in lieu of those appointed by this act. ^^'^^°^'^-
And a similar election shall be held on tlie first Monday in the
month of June annually thereafter, and the directors so elect-
ed shall organize as prescribed in section three of this act.
§ 5. Any vacancy which may occur in the board of di- Vacancies.
rectors, either by death, resignation or otherwise, may be
filled by appointment by the board until the next election,
and a majority shall constitute a quorum to transact busi- Quorum,
ness, and in all elections for directors each share of stock
sliall constitute a vote, which may be given by the holder
of such stock, in person or by proxy.
§ 6. The directors shall make all necessary by-laws forny.iaws.
the regulations of elections and the general management of
its aifairs ; to determine the times, manner and proportions
in whicli the subscribers shall pay the money due on their
stock ; to draw orders on the treasury for money, and oth-
erwise direct the business of the company: Provided, all Proviso,
orders shall be signed by the president, or in his absence
by a majority of the quorum present.
§ 7. The directors shall procure certificates of stock. Certificates of
to be signed by the president and countersigned by the sec- ^'''^'^^•
retar}', and shall deliver one to each stockholder. The
stock may be transferred, by consent of the board of di-
rectors, entered on their minutes ; by assignment, to be en-
tered on the books of the company; by the owner of the
stock assigned, or his attorney duly appointed, and accom-
panied by a surrender of the certificates, on which other
certificates shall be issued accordingly.
§ 8. In case of the assignment of any stock before the Assignment.
same shall have been paid out, according to the requisitions
of the directors, the assignee shall become and be liable for
all sums due on the stock assigned, and as such may be
1851. 200
Liability of as- sued on the original subscription as if he had originally
signee. subscribed such assigned stock.
Xe-iectof pay- . ^ ^' . ^^^^^ ^'^^^"^^ ^^y^' notice in the newspapers, pub-
^n1nt. lished in any of the counties mentioned, of the time and
place of the delivery of certificates of stock as aforesaid,
and of the payment of said instalment of two dollars per
snare, or of any ether instalment, if any stockholder shall
^ neglect to pay the instalment required said company shall
forthwith sue said stockholder for said instalment required,
in a court of competent jurisdiction, and in such suit shall
recover the same, with damages at the rate of twenty per
cent., with interest until paid; and in all suits instituted by
said company the regular organization of the company shall
be presumed. All laws respecting it shall be taken to be
public laws, as well as this act of incorporation, in all
Witnesses. courts of justice, and its officers shall be competent wit-
nesses, and any judgment rendered in its favor against its
stockholders, or its officers, or their securities, shall be ren-
dered without any relief or benefit from the replevin, stay
or appraisement laws of the state in which judgment may
be rendered. And for said instalments, as well as all other
indebtedness from any stockholders to said company, a
lien shall exist upon said stock owned by said stockholders,
which may at all times be subject to sale ou execution, in
like manner as goods and chattels are sold on execution to
extinguish said indebtedness, and the certificate of the
secretary shall be sufficient evidence in all cases and in all
courts of the regular adoption and existence of the by-
laws of the company.
Right of way, § ^^' ^^ ^^^^^ ^""^ ^^^^J t»e lawful for said company, by
&o- their agents and servants, to enter on the said river Embar-
rass, and on the land of either side, to hold and use the same,
so far as necessary for the objects herein provided for, and
to use the timber, rocks, stone, gravel or earth which may
be found thereon, in the construction of their works ; and
to form, ..erect, make, or set up any dams, locks or other
device whatever by said company deemed most proper to
improve the navigation of said river Embarrass, most to
subserve its commerce, and especially the transportation
of the agricultural products of the country to market,
whether the same be by slack-water or otherwise, from the
mouth up as far as the same can be beneficially improved.
Locks. The locks to be of dimensions of not less than eighty feet
in length and twenty feet in width in the chamber : Pro-
vided, also, that said company shall pay to the owners of
lands occupied by them as aforesaid, or from which mate-
rials may be taken as aforesaid, the value of the land so
occupied, or of the materials so taken or the damage done ;
and provided that the said value shall be ascertained, or
said damages assessed, and compensation made, in manner
201 1851.
following : Eitlier party may file a petition, setting forth the Legal proceed-
facts, in the circuit court of the county having jurisdiction ^^°^'
of the place or property, and praying the appointment of
commissioners as hereinafter mentioned. A copy of this
petition shall be served ten days, at least, previous to the .
term of the court at which application may be made on the
opposite party, who may file a counter statement. There-
upon the court shall appoint five disinterested freeholders,
who shall be sworn as arbitrators are sworn, and whose
duty it shall be to examine the premises, to hear testimony
under oath, and to assess the value or damages ; any three
of said freeholders being competent to act in the premises.
Reasonable notice of the time and place of meeting shall
be given to all the freeholders so appointed, and to the op-
posite party, by the applicant. In assessing the value of
any land taken or damages the freeholders shall estimate
its full value for ordinary uses, and without any regard to
its value as increased by the works of said company, and
in all their assessments, except for timber, said freeiiolders
shall take into consideration all the advantages derived to
tliC owner from the improvement of the said company.
The said freeholders shall report their award in writing, un-
der their hands, to the said circuit courts, and the same
shall then have the force of a verdict. On good cause
shown a new trial may be granted by the court, and if
granted such trial shall be had as appeals from justices of ^
the peace are tried in said court, and on such award or on
such new trial judgment shall be entered, and execution
shall issue as in other cases.
§ 11. The said company shall have the privilege of and -^y^^^gj. p^^p,.
be entitled to the use of the water power from the said
river, and may sell in fee, lease or rent for one or more
more years, the said water power, on such terms as shall be
most advantageous to the corporation: Provided, the use proviso,
of the said water power shall not impede the navigation of
said river, and that the money arising from said water power
shall be applied to the benefit of tiie company.
§ 12. If at any dam, lock or other point on the said Surplus water.
river, there shall be surplus water applicable to hydraulic
purposes, and when the interests of the company and pub-
lic convenience shall require the application of such water
to machinery, it shall be the duty of the company to pro-
pose to purchase from the owner or owners such parcels of
the adjoining land as may be necessary for the use of such
water power, and to submit to the determination of the
quantity of land necessary, and the price to be paid there-
for, to arbitration, according to the law respecting arbitra-
tions in force at the place in which said land is situated, -'^'''^'^ration.
In case the owners shall refuse to appoint arbitrators, the
company may, by petition, apply to any court or justice of
1851. 202
Legal proceed- the peace of the proper county, who may appoint an arbi-
'°ss- trator for such owner, who shall act accordingly, and such
arbitrators shall estimate the full value of the said land for
ordinary uses, independent of any additional value given to
it by the works of the company, or by reason of its conve-
nience to the use of such water power, and also without
affecting any benefits which the owner may have acquired
to other property by reason of the said works. In case
either party shall refuse compliance with the award of the
arbitrators, rendered according to law, the same proceed-
ings shall be had in the circuit court of the county in which
.said land is situate as in other cases of awards ; and on the
rendition of the final judgment or decree in such case the
said court shall enforce the payment of the price of the
land by the company to the owner, and the conveyance of
the land free from all incumbrances by the owner or to
the company, as on bill in chancery, according to the prac-
tice of the said court.
Order of pass in"- § ^^' ■ For the regulation and control of boats in pass-
locks. ° hig the locks or other works of said company, priority of
passage shall always be given and secured to such boat or
vessel as shall first reacfi such point of passage, unless by
Proviso. consent of parties interested : Provided, a/ways, no boat
or vessel subsequently arriving at such point shall be de-
layed or prejudiced on account of the unreadiness of any
other boat or boats having prior right to exercise the same.
p . . ^ § 14. No person shall attempt to pass any boat or ves-
sel into any lock or out of any lock, the property of said
company, until the main gates at the head or foot of said
lock, as the case may be, between which gates such boat or
vessel may be about to pass, shall first be entirely opened
into their respective recesses, nor until all paddle and cul-
vert gates of such lock shall be closed.
§ 15. Neither of the main gates at the head or at the
foot of any lock shall be closed or allowed to close of its
own accord, while either of the paddle or culvert gates at
the opposite end of said lock shall remain open.
§ 16. When any boat or vessel shall pass out of any lock,
open. the main gates of such lock, through or between which
such vessel have passed out shall be left entirely open and
completely within their respective recesses, and all the
paddle and culvert gates of such lock shall be left closed :
Proviso. jProvided, however, that where the acting commissioner,
engineer or superintendent having charge of that part of
the works where such lock is situated shall direct any pad-
dle, culvert or any other gate to be left open, for the pur-
pose of passing water through the same, such direction
shall be complied with and obeyed by all lock keepers,
masters of boats and vessels, boatmen, and all other per-
sons concerned in the passage of said lock.
Lock n;ates.
When to be left
203 1851.
§ 17. In no case shall the stern or bow of any boat or Contact of boat?
vessel approaching, or being about to enter, or having en- loeks/^^ ^ ^
tered any lock, be permitted to run against or strike tlie head
walls or either of the gates of such locks wilfully or negli-
gently.
§ 18. No lock, culvert, gate or paddle-gate shall be Violent closing;
closed, nor be permitted by any person using the lock to
close itself with such violence as to injure or be liable to
injure itself.
§ 19. Every master or owner of any boat or vessel, or Penalty.
any other person having charge of such boat or vessel, who
shall violate any of the provisions of this act, or who shall
permit any boatman or other person assisting in the navi-
gation or management of such boat or vessel to violate the
same, in any particular whatever, siiall, for every such vio-
lation, forfeit and pay a sum not less than five nor more than
twenty-five dollars, recoverable by action of debt, in the
name of said comjDany, before any court liaving competent
jurisdiction.
§ 20. Every penalty and forfeiture imposed by this act, Penalties, how
for which any master, owner, boatman or other person may '^^^'ectcd.
be liable, and which is herein made recoverable by action
of debt in the name of the said company, shall be chargea-
ble on such boat or vessel; and when any suit shall be insti-
tuted for any such forfeiture the officer issuing such process
may cause such boat or vessel, together with the tackling
and furniture belonging thereto, to be attached and detained
until such suit shall be determined.
§ 21. Any person who shall wilfully throw into any of Penalty forob-
the locks or works of said company any logs, timber or oth- structiug locks.
er things, which may obstruct the navigation, shall, on con-
viction thereof, forfeit the sum of ten dollars, recoverable
by action of debt, in the name of the said company.
§ 22. If any person, in navigating or assisting in the Penalty for in-
managing of any boat or vessel, or any of the works of the i^^^s lo^ks.
said company, shall, either througii design or negligence in
the navigation thereof, injure any lock, gate, water-gate,
guard-gate or other mechanical structure pertaining to
said works, such person shall forfeit and ])ay, on conviction
thereof, any sum not less than five nor more than twenty
dollars, and moreover be liable for all damages caused by
such mismanagement or negligence, recoverable by action
of debt, in the name of the said company.
§ 23. If any vessel shall be subjected to any unnecessa- Penalty for de-
ry delay in passing the locks of said company, by reason lajii^g vessels.
of the lock not being raised or 0}>ened, for the space of thir-
ty minutes, the company shall pay to the party hindered
five dollars for each thirty minutes' detention, to be re-
covered by action of debt, in the name of the master or
owner of the boat detained^ and if the said company shall
28
1851. 204
neglect or refuse to keep in good repair or order any dam
or lock of their own construction, or shall neglect to re-
move any obstacles which may occur therein, so that boats
cannot safely navigate said river, when not obstructed by
,. ice or other unavoidable cause, said company, for any such
offence, shall pay the sum of fifty dollars to any person pros-
ecuting therefor.
$ 24. Tlie directors of said company shall cause fall
Directors to ren- \ r • . x i i j. r ii j.i • • l i
der accounts, and lair accounts to be kept oi all their receipts and ex-
penditures, and shall annually submit the same to the stock-
holders at the annual meetings^ and any three stockholders
who shall have been such for one whole year previous, may
at any time demand an inspection of the books of the com-
pany, and thereupon shall be allowed to inspect the same in
the office of the company.
§ 25. The directors, at the annual meeting of tlie stock-
holders, shall exhibit a balance sheet of all the officers [af-
fairs] of tlie company, to be verified by the oath of the secre-
tary, and exhibiting a statement of all the receipts and ex-
penditures, profits and losses, for the year preceding the 30th
of April, inclusive, prior to such meeting; and at such
meeting the said directors shall strike and publish a fair
dividend of actual profits, if any, for the said previous year,
which shall be paid on or before the first day of July next
ensuing.
§ 26. The said company may at all times reserve a re-
sonable surplus fund, to meet all contingent expenses, ac-
cidents and repairs, and may invest the same as to the di-
rectors shall see:n expedient. The said company may, by
loan, at such rates of interest, on such securities, and on
such terms as may be convenient, borrow any sum or sums
of money as may be necessary to the completion or repair
of its works; and the obligations of the company, issued
for such purpose, shall be a valid lien, in the order of their
issue, on all the stock and effects of said company, which
may be enforced accordingly by any court of competent
jurisdiction; but nothing in this section, nor in this act con-
tained, shall be deemed or taken to autliorize the said com-
pany to exercise any banking powers whatever.
§ 27. The directors of said company shall have full
Tolls. power to fix the the amount of tolls and water rents : Pro-
Proviso, vided, however, that the legislature may at anytime provide
for the appointment of a board of commissioners to regu-
late said tolls on the works of the company: Provided, al-
so, that no regulation shall be made whereby the tolls fixed
by the directors of the company shall be reduced below
the customary rates of tolls on similar works in other states.
§ 28. The said company may from time to time increase
its capital stock to an amount not exceeding in the whole
two hundred thousand dollars, as the same may become ne-
Forther proviso.
205 1851.
cessary for the more complete and extensive navigation of
the Embarrass river.
§ 29. This act shall be deemed and taken to be a pub-
lic act in all courts of justice in this state, and shall be in
force from and after its passage.
Approved Feb. 15, 1851.
AN ACT to establish the Galena Insurance Company. In force Feb.15,
1851.
Section 1. Be it enacted by the people of the State of
Illinois, represented in the General Assembly, That there
shall be and hereby is established in tlie city of Galena an^°™P*"7 *'°™-
insurance company, to be known by the name and style of
the " Galena Insurance company," with a capital stock of style.
one hundred thousand dollars, divided into shares of fifty capital stock.
dollars each, which may be increased at the will of the di-
rectors to any amount not exceeding five hundred tliousand
dollars, to be subscribed and paid for in the manner here-
inafter specified.
§ 2. VVm. Hempstead, Fred. Stahl, H. Newhall, Jos. Commissioners.
P. Hoge, N. Dowling, Jas. Carter and Henry Corwith, or
any three of them, be und they are hereby authorized to
open books of subscription in said city for the capital stock
oi said company, at such time and place as they shall think
proper, after giving twenty days' notice of the same in
either of the public newspapers in said city; said books to
be kept open for the space of five days, and until at least
one hundred shares shall be subscribed, when the same may
be closed and said subscribers may, after six days' notice
being given by said commissioners, in manner aforesaid,
meet, and, under the inspection of said commissioners, choose
their directors, who may at any time after ten days' public Directors.
notice given, cause the subscription books to be re-opened
and continue open until the whole amount of said stock
shall have been taken.
§ 3. The subscribers of said stock, their associates, Corporation.
successors and assigns, shall be and they are hereby declar-
ed a body politic and corporate, by the name and style of
the " Galena Insurance company," and shall be capable in General powers,
law of contracting and being contracted with, suing and
being sued, pleading and being impleaded, answering and
being answered unto, defend and being defended against, in
all courts and places whatsoever, in all manner of actions,
suits, complaints and causes.
§ 4. The said corporation may have and use a common powcts.
seal, which they may change, alter or break at pleasure,
;
1851.
206
Objects of corpo
ration.
and may also make, establish and put in execution such by-
laws, ordinances and regulations as shall in their opinion
be necessary for the good government and management of
the affairs of said corporation, and which are not repug-
nant to the laws and coustiUition of this state or of the
United States.
§ 5. The corporation hereby created shall have full
power and authority to take all marine risks, of any and
every kind, nature and description, and to make insurance
upon inland navigation and transportation, and against loss-
es by fire of buildings and all other property whatsoever,
and to make all kinds of insurances upon lives, and all such
other insurances as tiiey may deem proper; and also to re-
ceive moneys on deposit, and to loan the same, and their (
surplus or unemployed capital or money, on personal, real
or other security, at such rates of interest as may be done
under tlie existing laws of this state ; and to lend money
upon respondentia and bottomry, to companies, corpora-
tions and individuals, upon such security as they shall think
proper. They may also cause themselves to be insured or
re-insured against all or any risks upon which they may
have made insurance ; and, also, upon all property of every
kind, or any interest therein owned by said company, or
held by them as security, and generally to do and perform
all necessary matters and things relating to or connected
with these objects, or either of them.
§ 6. The payment of tlie stock subscribed for shall be
made by the subscribers, respectively, at the time and in
the manner following, that is to say : at the time of subscri-
bmg tliere shall be paid on each share one dollar, and the
balance due upon each share shall be subject to the call of
the directors, under such^'penalties as the board of direc-
tors may appoint and order, and shall be secured to be paid
on demand by approved notes, hypothecated stocks, mort-
gages on real estate, or other satisfactory security.
§ 7. The stock and affairs of said company or corpo-
ration aforesaid shall be managed and conducted by seven
directors, who shall be stockholders of said corporation.
Manner of eiec- They shall, after the first year, be elected on the first
Payments of
stock.
Directors.
tion.
Tuesday in June in each year, at such time and place in
the city of Galena as the board of directors for the time
being shall appoint, and shall hold their offices for one year
and until others shall be chosen to supply their places, and
no longer ; ten days' public notice of said election shall be
previously given, and the election shall be held under the
inspection of three stockholders, to be previously appointed
by the board of directors for that purpose, and shall be
made by ballot, by plurality of the stock represented, al-
lowing one vote for every share, and stockholders not per-
sonally present may vote by proxy, mailed in writing direct-
207 1851.
ly to tlie person representing them at such election. In
case that it shall happen at any time that an election of di-
rectors should not be made on any day when pursuant to
this act it ought to have been made, the said corjioration
shall notj for that cause, be deemed to be dissolved, but it
shall and may be lawful, on any other day, to make and
hold an election of directors, in such manner as shall be
regulated by the by-laws and ordinances of said company. •
§ 8. The directors of said company shall, as soon as President.
may be after their election in each year, proceed to ciioose
out of their body one person to be president, who shall pre-
side until the next annual election 'thereafter ; and in case
of the death or resignation of the president or any director. Vacancy.
the vacancy may be filled by tlie board of directors, and in
case of the absence of the president the board of directors
shall have power to appoint a president /;ro tem-^ who shall
have all tiie powers and perform all the duties of the presi-
dent regularly chosen.
§ 9. The directors may, by the ordinances or by-laws b^.j^ws.
of Said company, order what number of directors shall con-
stitute a board or quorum, and be competent for the trans- Quorum.
action of the business of the corporation, and they shall have,
power, subject to said by-laws, to appoint from their own
body one or more persons to act and assist in the perform-
ance of the business of the company, with such salaries
and allowances as they may think ])roper, and also to ap-
point a secretary and such clerks and other servants as they g^^eretary.
may deem expedient ; tliey shall have power to declare
and make dividends of the profits arising from the business ^^'"®"'^^-
of said corporation, but all contracts, certificates and otiier
instruments in writing of said company shall be signed by
the president and secretarj^ thereof, or either of them, as
may be provided by the by-laws of said companv.
§ 10. The stock of said corporation shall be considered stock tobeper-
personal property, and shall be assignable and transferable son ai property.
according to such rules and restrictions as the board of di-
rectors sliall, from time to time, make and establish.
§ 11. The said corporation :i ay purcliase, hold, sell Real estate.
and convey, at their pleasure, all such real estate as may
be deemed necessary for the transaction of its business, not
exceeding at any one time twenty thousand dollars, and to Limitation.
take and hold any real estate mortgaged or pledged as se-
curity for the payment of any debt due or that may become
due to it, and also to purchase on sale, in virtue of any
judgment at law, or any decree of a court of equity, or
otherwise ; to take and receive any real estate or other
property in payment or towards satisfaction of any debt
previously due to said corporation, and to hold the same
until they can conveniently and advantageously sell anu
convert the same into money or other property.
1851. 208
Deposit. § 12. That said corporation shall have full power and
authority to deposit any portion of their unemployed capi-
tal, or other funds at any time in their possession, with any
corporation, company or individual in any sections of the
United States, and to use the same as they may think pro-
per, in order to facilitate exchanges, and to do and perform
all such acts and things as may be requisite in all such
transactions and for the best interest of said corporation.
Expsnses, how § 13. The expenses incurred by the commissioners in
P'^"^' executing duties required by this act shall be paid out of
moneys received by them of the subscribers to the capital
stock, and may be retained by them for such purposes, and
" the balance so received shall be paid over to the directors
after they shall have been chosen-
Pol icics of insu- § 14. All policies of insurance by them made shall be
ranee. Subscribed by the president, or in case of his death or ab-
sence, by such other person as may be authorized, and coun-
tersigned and sealed by the secretary of said company; and
all losses arising under any policy so subscribed and sealed
may be adjusted and settled by the board of directors, or
, such other person or persons as said board may appoint for
such purpose.
, § 15. In case of any loss or losses whereby the capital
stock of said company may be lessened before all the in-
stalments are paid in, each proprietor's or stockholder's es-
tate shall be held accountable for the instalments that may
remain unpaid on his share or shares at the time of such
loss or losses taking place, and no subsequent dividend
shall be made until the sum arising from the profits of the
business or by advance of tlie stockholders, to make good
said capital stock, shall have been added thereto.
Apportionment. ^ ^^' If a greater number of shares shall be Subscribed
for than is contemplated in the second section of this act,
the same shall be apportioned amongst the subscribers in
such equitable manner as the said commissioners shall ap-
Proviso. point: Provided, such subsciiptions take place before the
election of directors, and if after their election, then the
same sliall be appointed by said directors.
. § 17. The business of the company shall be carried on
ness. ° at such place in the city of Galena, or elsewhere by agency,
as the directors shall direct, and at such agencies as they
may establish.
Mutual insu- § 18. This Corporation may conduct its insurance bus-
rance. iness, in part or entirely, upon the principle of mutual in-
surance, if preferred by its stockholders or directors; Pro-
Provj^o. vided, alivays, that all risks are assessed at their cash value
of hazards, and the premiums shall be paid in cash or its
equivalent, when the policy is issued.
. § 19. This act shall be and is hereby declared to be a
act. public act, and the sameshall be construed liberally, for the
209 1851.
beneficial purposes herein granted; and the corporation
hereby created shall take effect and be in force from and
after the passage thereof, and shall continue in force for the Limitation.
term of thirty years, and no longer.
§ 20. Notwithstanding the expiration of the time for Liquidation.
which the said corporation is created, it shall be lawful to
use the corporate name, style and capacity for the final set-
tlement and liquidation of the affairs and accounts of the
said corporation in all cases, and for the sale and disposi-
tion of their estate, real or personal.
§ 21. This charter shall be void and of no effect unless Commencomcnt
the company shall commence operations, agreeably to the ° "^'^"^"^ ^™^'
provisions thereof, within two years after the passage of this
act.
§ 22. In effecting insurance on lives agreeably with the Insurance on
power conferred by this charter, it shall be the duty of the
directors to have kept a separate account for this class of
business, distinct from the other insurances, whicli shall not
be affected by the loss or gains of their other insurance
business, and it shall and may be lawful for the said direc-
;ors to allow all persons so insuring such part of the net
profits or earnings of this department of the company's busi-
less as may be deemed for the mutual interest of the as-
sured and assurers.
Approved Feb. 15, 1851.
AN ACT to legalize the election of trustees tothe-Tonesboro society of the Methodist In force Feb. 15,
Episcopal Church, to legalize a conveyance to trustees, and for other purposes. 1S51.
Section 1. Be it enacted hij the people of the State of
Illinois, represented in the General J^lssembly, That tiie
election of Daniel Spence, Clement J. Jarnigan, Jefferson Election legai-
McKinney, William H. Mills and Meredith W. Spence, and
tlieir successors, as trustees of the Jonesboro society of
tlie Methodist Episcopal Church, be and it is hereby de-
clared legal and right, in all respects whatsoever, any other
statute or enactment to the contrary notwithstanding.
§ 2. Be it further enacted, That Elias V. Winget, Enos Election valid.
A. Piiillips, Robert Shannon, Harris M. Ridenhoner and
Randolph V. Marshall be and they are hereby declared the
duly elected trustees of the Jonesboro society of the Meth-
odist Episcopal Church, and as such full faith and credit is
due to all their official acts.
§ 3. Any and all conveyances heretofore made to any Conveyance •
or all of the aforesaid trustees, and their successors, more valid.
particularly of lot number 71, in Grammer's donation for
1851. 210
the town of Jonesboro, is and it is hereby declared to be
legal in all respects whatsoever; and the property thereby
conveyed is hereby duly vested in the last elected trustees
and their successors forever, for the uses and purposes ex-
pressed in said conveyance.
§ 4. This act shall take effect from and after its passage.
Approved February 15, 1851.
In force Feb.l5, AN ACT to amend an act entitled an act to incorporate the town of Little Fort, in
18o] . Lake county, approved Feb. twelfth, A. D. one thousand eight hundred and forty-
nine. •'
Preamble. Whereas in the second section of said act descriptive of
the boundaries of said incorporation, by a clerical error
said boundaries were described as being in congressional
township forty-four north, of range twelve, east of the
tlurd principal meridian, when in fact it was intended that
said boundaries should be described and designated in
township numbered forty-five north, of range aforesaid)
now therefore,
Section 1. Be it enacted by the people of the State of
Illinois, represented in the General ^sse?nbly, That sr
rTt!f '°"i^"ch of the second section of the aforesaid act as desig
nates the boundaries of said incorporation in town forty,
four north, of range aforesaid, be and the same is hereby cor-
rected and amended, so as to read and import as originally
intended — town forty-five north, of range twelve, east of the
third principal meridian ; and that the boundaries of said
town (now called Waukegan) as described in said second
section, be taken and deemed to be in town forty-five north
of range twelve, east of the third principal meridian.
"oTa^^sf Tnd ^^ ^- ^^''•'^ ^^ zl further enacted. That the treasurer, as-
coiiector. sessor and collector of said town of Little Fort (now Wau-
kegan) shall receive such compensation for their services
as is provided for treasurers and assessors and collectors of
the county and state revenue for similar services, by the
township organization law, passed at the last session of this
assembly, and approved February twelfth, A. D. one thou-
sand eight hundred and forty-nine, and that all provisions
of said act of incorporation conflicting with the provisions
of this act be and the same are hereby repealed.
Proceedings of ^ ^- "^'li ''' '^ f''ff'''^ ^«f f^^' That all acts and pro-
board of trus- ceedmgs ot the president and board of trustees of said in-
corporation, heretofore had under the charter of said town,
are hereby legalized, and shall be deemed and taken as ap^
tees
211 1851.
plicable to and binding upon the inhabitants of said town as
bounded and described in this amendment to the original
charter.
Approved Feb. 15, 1851.
AN ACT to incorporate the Paris Male and Female Seminary. In force Feb.lS;
1851.
Section 1. Be it enacted hy the people of the State of
Illinois, represeiited in the General Jissenihly, That Jona- •
than Mayo, Robert Steele, Henry W. Martins, Joseph Cur-<^o'"P°™*'*'"-
tis, William Minnick, John Stockwell, Cornelius M. Lank-
ford, Oliver Munsell and Robert Clarke, and their succes-
sors, be and they are hereby created a body politic and cor-
porate, to be styled and known by the name of the "The
Trustees of the Paris Male and Female Seminary," and by ^^•^'°"
tliat style and name to remain and have perpetual succes-
sion. The said seminary shall be and remain at Paris, in
the county of Edgar. The number of trustees shall not
exceed nine, of whom a majority shall constitute a quorum
to do business.
§ 2. The objects of said corporation shall be the pro- Objects.
motion of male and female education.
§ 3. The corporate powers hereby bestowed are such Powers.
only as are essential or useful in the attainment of said ob-
ject, and such as are usually conferred on similar bodies
corporate, to wit: to have perpetual succession, to make
contracts, to sue and be sued, })lead and be impleaded, to
gi-ant and receive by its corporate name, and to do all oth-
er acts as natural persons may; to accept, acquire, purchase
or sell property, real, personal or mixed, in all lawful ways;
to use, employ, manage and dispose of all such proper-
ty, and all money belonging to said corporation, in such
manner as shall seem to such trustees best adapted to pro-
mote the object before mentioned; to have a common seal,
and to alter or change the same; to make such by-laws for
its regulation as are not inconsistent with the constitution
and laws of the United States or of this state.
§ 4. The trustees of said corporation shall have au- i"ower of tius-
tliority, from time to time, to proscribe and regulate the ^^^'
course of studies to be pursued in said institution, to fix
the rates of tuition and other expenses, to appoint instruc-
tors and such other officers and agents as may be necessa-
ry in managing the concerns of the institution, to define
their duties, to fix their compensation, and to displace or re-
move them, to erect necessary buildings, to purchase books,
chemical and philosophical apparatus, and other suitable
1851.
212
Patronage.
Visitors.
Vacancies.
Funds
Proviso.
means of instruction, to make rules for the general gov-
ernment of the affairs of the institution and for the regu-
lation of the conduct of the students.
§ 5. This institution shall be under the patronage of the
Illinois Annual Conference of the Methodist Episcopal
Church; and it shall be lawful for said conference to ap-
point annually a board of visitors, who shall have power to
sit with the board of trustees at its annual meetings, as ex
officio members. But the profession of any particular re-
ligious faith sliall not be required of those who become
students.
§ 6. In order that this corporation may have perpetual
succession, tlie quarterly conference of the Paris circuit or
station of the Illinois Annual Conference of the Methodist
Episcopal Church, shall have power to nominate a suitable
person or persons to fill any vacancy or vacancies that may
occur by death, resignation or removal from office; and the
board of trustees for the time being shall have power to
accept or reject said nominees, and the said conference
shall continue to nominate, and the board to accept or re-
ject, until all such vacancies are filled.
§ 7. It shall be the duty of the trustees to appoint one
of their number a treasurer, who shall be required to give
bond, with sufficient security, in such penal sum as the
board may prescribe, conditioned for the performance of
such duties as the by-laws may require of him.
§ 8. The trustees shall faithfully apply all funds col-
lected or hereafter to be collected for said seminary, ac-
cording to their best judgment: Provided, that in case any
donation, devise or bequest shall be made for particular
purposes, accordant with the objects of said institution, and
the trustees shall accept the same, every such donation, de-
vise or bequest shall be expressly applied in conformity
with the condition prescribed by the donor or devisor.
Approved Feb. 15, 1851.
In fofceFeb.l5, ^^ ACT supplementary to an act entitleil "An act to incorporate the Kankakee and
1851. Iroquois Navigation ami Manufacturing company," approved February fifteenth,
one thousand eight hundred and forty-seven.
Extension of
time.
Section 1. Be it enacted by the people of the State of
Illinois, represented in the General Assembly, That the
time allowed to said Kankakee and Iroquois Navigation and
Manufacturing company to complete their improvements of
the Kankakee river, as far as the town of Wilmington, be
213 1851.
and the same is hereby extended to a period of eleven
years from and after ttie passage of the act to which this
act is supplementary.
Approved Feb. 15, 1851.
AN ACT to incorporate the Chicago City UyJraulic Comijany. In force Feb.l5,
1851.
Section 1. Be it enacted by the jjeople of the State of
Illinois^ represented in the General ^^ssemhly, That John
B. Turner, Horatio G. Loomis and Alson S. Sherman be C<'mmissioners.
and they are hereby named and constituted as a board of
water commissioners for tiie city of Chicago, who, and
their successors in office, shall be a body politic and corpo-
rate, by the name and style of the "Board of Water Com-
missioners of the City of Chicago," and by that name shall ''■'' '''
have perpetual succession, witli power to contract, sue and General powers.
be sued, to purchase, hold and convey personal and real es-
tate ; to have a common seal, to alter and break the same
at pleasure; and make by-laws and do all legal acts which
may be necessary and proper to carry out the effect, intent
and object of this act.
§ 2. The said commissioners shall hold their offices re- Term of office.
spectively for the term of three, four and five years. Said
commissioners shall, within sixty days alter the passage of
this act, decide by lot their respective terms, which deci-
sion shall be notified by a written statement to the common
counoil of said city, which shall be entered of record on the
books of the said common council, and on the first Tues-
day of April, in the year of our Lord one thousand eight
hundred and fifty-four, and annually thereafter, there shall
be an election held by tlie qu;alified voters of said city, in
the samu manner that elections are held for the election of Elections.
mayor, for the election of one or more commissioners to fill
vacancies occasioned by the termination in any manner of
the term of any commissioner under this act. All commis-
sioners elected subsequent to the first election aforesaid,
shall hold their office for the term of three years, and in
case of the death or resignation of any of said commission-
ers the remaining commissioners shall nominate some citi-
zen of said city, being a qualified voter, to fill such va- y^^j^jj^jgg^
cancy, and shall present such citizen to the common coun-
cil of said city for confirmation, who, if confirmed by said
common council, shall have full power to act as such com-
missioner, but if the said common council shall refuse to
confirm such nomination, said commissioners shall nominate
another, and so on until such confirmation shall be made ;
1851.
214
Loan of money-
Bonds.
Interest.
Register of
bunds.
Supplies of wa-
ter.
Engineers, Sio.
Purchase of lota.
Construction of
building's.
Reservoirs.
Fountains.
Assessment of
water rents.
such person when so confirmed shall fill such vacancy un-
til the next regular election of a commissioner to be held
after such confirmation.
§ 3. The said commissioners shall have power to loan,
from time to time, for such time as they shall deem expedi-
ent, a sum of money not exceeding two hundred and fifty
thousand dollars, upon the credit of said city of Chicago,
and shall have authority to issue bonds, pledging the faith
and credit of said city for the payment of the principal and
interest of said bonds ; which bonds shall issue under the
seal of said board of commissioners, and shall be signed by
them or a majority of them, and bearing interest not ex-
ceeding ten per centum per annum. And it shall be the
duty of said commissioners to keep an accurate register of
all bonds issued by them, showing the number, date and
amount of each bond, and to whom the same was issued ;
and it shall also be their duty to furnish to the clerk of 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 city.
§ 4, It siiall be the duty of said commissioners to ex-
amine and consider all matters relative to supplying the
city of Chicago with a sufficient quantity of pure and
wholesome water, to be taken from Lake Michigan, for the
use of the inhabitants.
§ 5. Tlie said commissioners shall have power, and it is
made their duty, to employ engineers, surveyors, and such
other persons as in their opinion may be necessary to ena-
ble them to perform their duties under this act.
§ 6. Said commissioners shall have the power, and it is
hereby made their duty, as soon as may be after the neces-
sary funds shall have been procured as herein provided, to
purchase such lot or lots of land, and to construct such
buildings, machinery and fixtures as shall be deemed ne-
cessary or desirable to furnish a full supply of water for
public and private use in said city.
§ 7. Said commissioners shall have power to construct
reservoirs, jets and public and private h)drants, and to lay
pipes in and through all the alleys and streets of said cit)'',
and also across all rivers and streams, not interfering with
the navigation of the same, and, with the consent of the
common council of said city, to construct fountains in the
public squares or such other public grounds of said city as
they shall deem expedient.
§ 8. The said commissioners shall, from time to time,
assess the water rents to be paid for water used at each
house or other building against the occupant or occupants,
owner or owners, of such house or other building, upon
such basis as they shall deem equitable, and such water
rents shall become a continuing lien upon such house or
215 1851.
other building for the accommodation of which water shall
have been introduced, and upon tlie land or lot and house
or other building on which such house or other building
stands, when said lot or land and building are owned by
tlie same person or persons, from the time the water shall
have been introduced as aforesaid.
§ 9. It shall be the duty of said commissioners to col- Collection of
lect the rents so assessed, and in case any person or per- ^°"'^-
sons so assessed shall neglect to pay any such assessment
for ten days after the time fixed for the payment tiioreof, of
which notice shall be given in some newspaper published in
said city, such notice to be at least ten days before the time
fixed for the payment of such rents, said commissioners
shall issue their warrants, under the seal of said corpora-
tion, directed to the marsiial or any constable of said city,
commanding him to make the amount specified in such war-
rant, being the aaiount due for water rent as aforesaid, to-
gether with the costs of advertising the same, and such fees
as constables are entitled to by the laws of this state in the
levy and sale of personal property upon execution, out of
the goods and chattels of the person or persons so assessed
as aforesaid ; and the marshal or constable in such case may
levy under said warrant upon any personal property of the
person or persons against whom the same is issued, and sell
tlie same at public auction, after giving ten days' notice of
the time and place of sale in some newspaper published in
said city ; and such warrants shall authorize the sale of any
house or building on which any lien shall have attached as
aforesaid, subject only to such buna fide incumbrances as
shall have existed prior to the time of the introduction of
such water as aforesaid.
§ 10. And when any such warrants shall be returned by Saio of proper-
said officer unsatisfied, the said commissioners shall proceed *•>•
to sell said lands and lots and building or buildings, when
owned by the, same person as aforesaid, in the same man-
ner and after having given the like notice as is required by
the laws of this state for the sale of lands for taxes, and the
certificate of sale in such cases, signed by either of said
commissioners, shall have the same force and effect as the
certificate required by law on the sale of lands for taxes
as aforesaid. In case the said real estate shall be sold as
aforesaid, and the person or persons ov/ning the same shall
neglect to redeem the same in manner provided by the laws
of this state for the redemption of real estate in sales lor
taxes, the said commissioners may give a deed, under tlie seal Deeds,
of said corporation, of the said real estate so sold as afore-
said to the purchaser or purchasers thereof; wliicli deed
shall 'i<.>, as near as may be, the same, and shall have the like
force . 1 1 effect as deeds given upon the sale of lands for
taxcs as provided by the laws of this state.
1851. 216
Assessment for § 1^* The Said Commissioners shall also, from time to
use of public time, assess upon the person or persons occupying or moving
^ ^'^^ ' any house or other building situated in the vicinity of any
public hydrant, when said house or other building is notsup-
plied by a private hydrant, such amount as in their judg-
ment the occupant of such house or other building might
be benefitted by the use of such public hydrant, and such
assessment when so made shall be a lien upon such house
or other building, and upon the lot on which the same shall
stand when said house or other building and lot are owned
by the same individual, in the same manner as hereinbefore
provided in case of private hydrants, and such assessment
may be collected in the same manner in all respects as is
hereinbefore provided.
Hydrants. § 12. It shall be the duty of said commissioners to con-
struct hydrants of sufficient size and capacity, and in such
localities, as they shall deem desirable, for the purpose of
extinguishing fires, and they shall assess the houses and
other buildings in tlie vicinity of the said hydrants in the
proportion in which they shall deem the same respectively
benefitted, and the said assessment shall be collected in the
same manner as is herein provided for the collection of the
water rent assessed by said corporation.
Record of pro- § 13. The Said commissioners shall keep an accurate
ceedings. record of all proceedings, together with a list of all assess-
ments for water rents, which shall be subject to inspection
at all times, and may elect one of their own number to act
as secretary of said board, or employ some other compe-
tent person for the purpose, as tiiey may deem desirable.
j^^ .^ § 14. It shall be the duty of said commissioners to make
report to the common council of said city semi-annually;
which report shall embrace a statement of the funds and
securities of said corporation, and all debts due and owing
to and from said corporation, together with an accurate ac-
count of their expenditures; which statement shall be cer-
tified by said commissioners under oath, and shall be enter-
ed for record by the clerk of tiie said city, and published
in some newspaper in said city of Chicago.
_ , , , § 15. Whenever the receipts of said corporation, from
Surplus rec pts. ' , in i i xi j_ ^i
water rent or other sources, sliall accumulate so that there
shall be a surplus amounting to a sum of not less than five
hundred dollars ($500,) not needed for the payment of the
current expenses of said corporation, it shall be the duty
of the commissioners to invest the same in some safe stocks,
or upon other real or personal securities, under the direc-
tion and approval of the judge of the circuit court of
Cook county, or some other judge in said county having
chancery jurisdiction; such approval to be signified in wri-
ting, under the hand of such judge. Such investment shall
Application. -^^^ made in the name of said corporation, and in such man-
217 1851.
ner as to make the same available for the payment of in-
terest and the principal of the bonds issued as aforesaid, as
soon as may be. It shall be the duty of said commission-
ers to pay the interest on such bonds as fast as such surplus
fund will permit, and also the principal as the bonds become
due, as funds for such purpose shall, from time to time, ac-
cumulate. The said commissioners may, when they have
funds for that purpose, purchase the bonds so issued as
aforesaid, wtiether the same have become due or not; and
in case the said commissioners siiall at any time not have
funds on hand sufficient to meet any of the said bonds at
the time when they shall become due, they shall have the
right to issue new bonds, for such amount and on such time
as they shall deem expedient, in the place of bonds so be-
coming due as aforesaid; the said old bonds to be cancelled
in the registry thereof, and the said new bonds to be recor-
ded in the manner hereinbefore provided.
§ 16. It shall be the duty of said commissioners, at least gj^^j reijorts
thirty days before the time fixed by the ordinances of said
city for assessing city taxes, to make a special report to
the common council of said city, wh.it, if any, sum will
be needed by said commissioners, over and above the reve-
nues of said corporation, to meet the payment of interest
or principal of the bonds issued as aforesaid, and it shall be
tlie duty of the common council to raise said amount by a
special tax, in the same manner as general taxes, to be de- Special tax.
signated a water tax, and the said amount shall be paid
over to the said corporation by the collector of said city.
§ 17. The salary of said commissioners, and also of the „ , . ^
secretary of said board, shall be fixed by the common coun-
cil of said city, from time to time, as'soon as may be after
tlie passage of this act, and after such election as herein
provided, and the amount of such salary shall not be redu-
ced during the term for whicli said commissioner sliall be
elected.
§ 18. Each commissioner, before entering upon the clu-QQ^jQjggj^jjgj.g
ties of his office, shall give bond to said city, in such sum to give bond.
and with surety to the satisfaction of the common council
of said city, conditioned for the iaithful performance of his
duties as such commissioner, and that he will faithfully dis-
burse and account for all moneys coming under his control
as such commissioner; the amount of which bond may be
increased at any time as the said common council may
deem expedient.
§ 19. Said commissioners may purchase the corporate Chicago liy-
rights, and real and personal property, fixtures and stock tirauUc com-
of every name and description, of the Chicago Hydraulic ^^^^'
company, on such terms as may be agreed upon between
said commissioners and said company, and when such pur-
chase shall be made the said commissioners shall succeed to
1851. 218
and become invested with all the powers, rights, privileges
and immunities exercised and enjoyed by the said Chicago
Hydraulic company, under their charter, and shall continue
to supply water to the citizens of Chicago under the same,
and collect the money and rents due therefor, in all respects
as fully and effectually as the said Chicago H3'draulic com-
pany can or may do, until the said commissioners, acting
under the provisions of this act, shall have completed their
" arrangements, machinery, engines, pipes, buildings and oth-
er things provided for in this act, for the purpose of sup-
plying the said city witli pure and wholesome water ; after
which time the said Chicago Hydraulic company and their
said charter shall become extinct and null: Provided^ al-
ways^ that if the said commissioners cannot agree with the
said Chicago Hydraulic company as to what sum shall be
paid the said Chicago Hydraulic company for their pro-
perty, rights and privileges, then the said company shall
have the right to establish, by satisfactory proof, the actual
cost of their said property, before the jndge of the circuit
court of Cook county, upon petition to him, in term time
or vacation, and no greater sum shall be paid for the same
than the said judge shall decide the actual cost to have been.
Right of repeal. § 20. This act ma}' at any time be altered, repealed or
amended.
Materials ka § ^^' ^^ materials procured or partially procured un-
exempt ' from dcr a contract with the commissioners, shall be exempt
execution. from execution, but it shall be the duty of the commissioners
to pay the money due for such materials to the judgment
creditor of the contractor under whose execution such ma-
■i'' terials might otherwise have been sold, upon his producing
to them due proof thaf his execution would have so attached,
and such payment shall be held a valid payment on the
contract.
Commissioners § 22. No One or more of the said commissioners shall
not to bo in-]3g interested, either directly or indirectly, in any contract
tOrGSiGCl lU coil" •/ ' •/
tracts. entered into by them with any other person, nor shall they
be interested, either directly or indirectly, in the purchase
of any material to be used or applied in and about the uses
and purposes contemplated by this act.
Removal of § 23. The Said commissioners, or either of them, may
oommissioners.be removed from office by the judge of the circuit court of
Cook county, upon petition presented to him, in term time
or in vacation, by the common council of the city of Chicago,
if it shall appear, after hearing and proof before said judge,
that the said commissioners, or either of them, have been
guilty of misfeasance or malfeasance in office, or of any
breach of duty, either of commission or omission, under this
act, and if the said judge shall remove any two or more of
said commissioners from office, for any cause, before the
expiration of their term of office, he is hereby authorized
219 1851.
and e-inr)\vered to ajopoiut other'? in their stead, who sliall
fill su •. 1 o dees for uii I d ir:ug tiie uaexpired lerm of such
cornin.isioiier so remov^ed.
§ 2 t. Tiie said comiriissi:iaei*s sliall adopt siicli places Location of hy
as in t ieir opinion may bs m )st advantaf^eous for procuring ^'"'^"'''^ works
such s i )ply of water, and s!iall ascertain, as nearly as may
be, wii it aaiount of moiiay may be necessary to carry the
same i i.. ) elect. Tiie said comnissioners siiall make a re-
port of tieir proceedings, containing a full statement and
descripU m of tiie place adopted by them, an estimate of
the exp ;use thereof, together with an estimate of the pro-
bable a.iijunt of revenue to accrue to the city upon tiie
ComplcUoii of the work, with the reasons and calculations
upon \v lich their opinions may be founded, and ail such
other iiir.jr/nation connected witii the object of their ap-
pointu' Jit as they may deem important.
§ 25. Such report shall be made and presented to the Report to com-
commoa cou-icil by the said commissioners, together with i"^n council.
all sue 1 Cv)adit. mal contracts as may have bean made by
them by virtue of tais act, on or before the first day o^ Jan-
uary Wiich will be in the year of our Lord one thousand
eight ii.mdred and fifty-two.
§ 2G r.ie said commissioners are hereby authorized to Right of way.
enter upon any land or water for the purpose of making
surveys, and to agree with the owner of any property wnich
may be required tor the purposes of this act as to the
amount of coiiipe.isation to be paid to such owner.
§ 27. In cases of disagreement between the cominis- Damages, how
sioners and the owners of any property whicli may be re- <ictermin6d.
quired for the said purposes, or affected by any operation
connected therewitii, as to the amount of compensation to
be paid to such owner; or in case any sucli owner sliall
be an infant, a married woman, or insane, or absent from
this slate, t'le judge of the circuit court of Cook county
may, upon the application of either party, nominate and ap-
point three indifferent persons to examine such property, and
to estiaiite the value taereof, or damage sustained thereby,
and to i-eport tiiereon to tlie said court, witiiout delay.
§ 28. Wiienever such report shall have been coniirmed
by the said circuit judge of Cook county, tlie said comrais- Pfiyment of
sioners s lall, witiiin two months thereafter, pay to tiie said damages.
owner; or to such person or persons as the co art may di-
rect, the sum mentioned in said report, in fall compiinsation
for the ;)i'opsrty so required, or for the damage sustained,
as the case miy be, and thereupon tiic said comiuissioners
shall becnne seized in fee of such property so required, and
shall be discharged from all claim by reason of any such
damage.
§ 29. If any person shall wilfully do or cause to be Penalty.
done aiiy act wiiereby any work, materials or property
1851. 220
wiiatsocver, erected or used within the city of Clsicago or
elsewhere by the said commissioners, or by any person act-
in«- under their authority, for tlie purpose of procuiirig or
k 'ejiing a supply of water, shall in any manner be injured,
or shall wilfully pollute the water, shall De deemed puilty
of a misdemeanor, and, upon conviction, shall be punished
therefor as other misdemeanors are punished.
eontraciH to be § 30. All contracts for materials or for the construction
in writing. q( ^\^q work shall be made in writing, and of each contract
two copies shall be taken, which shall be numbered ;rnd in-
dorsed with the date of the contract and with the name of
the contractor, and a summary of the work to be done or
materials to be furnished ; one copy of which shall be re-
tained by said commissioners and the other copy of which
shall be filed with and kept and preserved by the clerk of
the common council among the files of said office.
5 31. Public notice shall be cjiven of the time and place
Sealed propo- 5 , , , , -n i • i r 4 ■ ■
8*iis. at which sealed proposals will be received lor entering in-
to contracts. All sealed proposals for contracts shali be for
a sum certain, as to the price to be paid or received, and
no proposition which is not thus definite and certain, or
which contains any alternative condition or limitation as to
price, shall be received or acted on.
¥0 person to § 32. No more than one proposition shall be received
submit more from any one person for the same contract, and all tliC pro-
posal.""' '""'positions of the person off"ering more than one shall be re-
ceived [rejected.]
§ 33. Every person who shall enter into any contract
Security. ^^^_ ^j^^^ supply of materials, or the performance o) labor,
shali o-ive satisfactory security to the commissioners for the
faithful performance'of his contract, according to its terms.
Approved February 15, 1851.
In force Febru a- AN ACT to authorize Young Stokes and J. W. Taylor to keep a ferry across Hock
ry 20, 1861. river, at Cleveland.
Section 1. Be it e?iacicd by the people of the state of
Illinois, represented in the General Jissenibly., That Young
Ferry author- gtoi^es and J. W. Taylor, their heirs and assigns, shall have
the right and they are hereby authorized to establish and
keep a ferry, for the term of ten years from the passage of
this act, across Rock river, at Cleveland, in Henry county.
§ 2. The said Young Stokes and J. W. Taylor shall at
all times keep good and sufficient boats, for the speedy pas-
sa ,;'i and safe transportation of passengers, teams, horses,
cattle and other animals, as well as goods and effects be-
longing to passengers^ and shall furnish said boats with men
^^* 1851,
of sufficient strength and skill to manage them, and shall
chartre and receive such rates of ferriao;e as may he allow- t, . <• ^
ed them, annually, by the county courts of Henry and Rock riage.
"Island counties.
6 3. The said Younsf Stokes and J. W. Taylor, their t. , •
, . 1 . 1-11,1 1 • . .1 * , . Exclusive priv-
heirs and assigns, shail have the exclusive privilege ot lerry- iiego.
ing at said town of Cleveland across Rock river, and for one
mile each way from the landing nf their said ferry, unless
the said Stokes and Taylor, their heirs or assigns, shall fail
to comply with the provisions of this act, then and in tliat
case all rights and privileges acquired herein shall be for-
feited; and the power to modify, alter, or repeal this charter,
whenever the public good may require, is reserved. Said
ferry to be taxed annually in such sum as the county courts Taxes,
of Henry and Rock Island counties may direct.
This act to take effect and be in force from and after the
twentieth day of February, one thousand eight hundred and
fifty-one.
Approved Feb. 15, 1851.
AN ACT to incorporate tbe Cairo Dosk Company.
In force Pcbrua«-
r/ 15, 1851.
Section 1. Be it enacted by the people of the State of
Illinois, represented in the General */lssemhlij, That Daniel
A. Webster, S. Staats Taylor, Henry C. Long, Charles Da- ^ j.^^^^^
vis, William M. Walker, Hamilton Brewer, Mooves W.
White, Daniel W. Conner, their associates, successors and
assigns, be and they are hereby made a body corporate and
politic, under the name and style of the "Cairo Dock com- g^ j
pany," and by that title shall be and are hereby made ca-
pable in law and equity to sue and be sued, plead and be
impleaded, defend and be defended, in any court or place ^°"* powers,
whatsoever; to make and use a common seal, and the same
to alter and renew at pleasure, and by that name and style
be capable in law of contracting and being contracted with,
and purchasing, holding and conveying real and personal
estate, for the purposes and uses of said corporation, as
hereinafter limited; 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. The said estate owned
by said company shall never exceed one half section of land, j> i , .
in all, for the purpose of erecting the necessary buildings
and maintaining docks, locks, dams, basins, dry-docks,
foundries, and ordinary work shops, at or near Cairo, in Al-
exander county, and for the purpose of using the waters of
1851.
222
Cash river, for the basin, locks and docks. The said com-
pany may lay oiT and construct a race-way or canal, to unite
at such point on said river as the company may deem most
eli(»'ible and proper, and may erect a dam across said Cash
Pro.ri3o. river for securing the object aforesaid: Provided^ that so
far as the said Cash river is rendered navigable by any
dams said company may construct on said river, the same
shall be open, as now, for the use of all persons: Provided.,
rur!,herproTiso.y)^^//tg^^ that the said company shall be hold en to pay all
daman^es that may arise to any person or corporation by ta-
kinnr their land lor said canal, when it cannot be obtained
by voluntary agreement, to be estimated and recovered in
the manner provided by law for the recovery of damages
happening by laying out highways.
§ 2. The capital stock of said company shall never ex-
ceed t'lree thousand shares, and no greater assessment shall
be laid upon any shares in said company of a larger amount
than one hundred dollars each share; and the immediate
government and direction of the affairs of said company
shall be vested in a board of not less than five directors,
who shall be chosen by the members of the corporation, in
manner hereinafter provided, and shall hold their olfico un-
til others shall be duly elected and qualified to take their
places as directors; and the said directors, a majority of
Avhom shall form a quorum for tiie transaction of business,
shall elect one of their number to be president of the board,
who shall also be president of the company, and may also
elect in the same manner a vice president of the company,
and have authority to choose a secretary, who shall be
sworn to the faithful discharge of his duties, and a treasur-
Seeret'yto givoer, who shall give bond to the corporation, with securities
^^'^^' to the satisfaction of the directors, in a sum not less than
twenty thousand dollars, for the faithful discharge of his
trust, and appoint such other officers and agents as to them
may seem necessary.
§ 3. The directors for the time being are hereby au-
^17'^]^^ *^''^^'^' thorized and empowered, by themselves or their agents, to
exercise all powers herein granted to the company, and all
such other powers and authority for the management of
the affairs of the company, not heretofore granted, as may
be ])roper and necessary to carry into eifect the objects of
this act, and to create and dispose of the shares represent-
ing the capital stock of the company, at such time, and in
such manner, and for sucli purpose as they may deem ex-
Proviso, pedient and necessary : Pr'/vided, hoivever, that nothing
siiall be so constituted as to invest said company with bank-
ing powers, or to authorize them to make, emit or utter any
bank note or other thing to be used as a circulating medi-
um, or as in lieu of money.
Capital stock.
Directors.
Quorum.
OfBoers.
223 1851.
§ 4. T!ie company shall have power to ordain and es- By-laws,
tablish all such by-laws, rules and reoulations and ordinan-
ces as they may deem expedient and necessary to carry in-
to effect tiie provisions of this act, and for the assessment,
transfer and assignment of its stock, and tlie conveyance of
property, and the well orderinL';, r< >;uUitii)o- and securing the
interests and affairs of the comjiany : Provided^ the same,
be not repufi-nant to the constitution and laws of this slate
or of the United States.
§ 5. If any person shall wilfully door cause to he done Penalty.
any act or acts whereby any building, structure or work of
said corporation, or any engine, machine, or any matter or
thing appertaining to the same, shall be stopped, obstructed,
impaired, injured or destroyed, the person or persons so of-
fending shall be deemed guilty of a misdemeanor, snd shall
forfeit and pay to said corporation treble tiu^ amount of
damages sustained by means of sucli offence or injury, to
be recovered in the name of said corporation, with costs of
suit, by action of debt or on the case, as the case may be.
§ 6. The annual meeting of the members of said com- Annual meet-
pany shall be holden on the first Monday of November of '"^""
each year, at Cairo, or such other place as the directors for
the time being may aj)point, at v/hich meeting the directors
shall be chosen by ballot, each ]?roprietor being entitled to Election of dJ-
as many votes as he holes sliares; and either of the two
first named individuals in the first section of this act is
hereby authorized to call the first meeting of said compa-
ny, by giving notice in some newspaper j)ub!ished at the
place where said meeting is to be held, of tlie time, place
and purpose of said meeting, at least ten days before the
time ineritioned in said notice.
§ 7. This act siiall be deemed and taken a ])ublic act,
and as such shall be taken notice of by all courts iu this
state, without pleading the same, and shall be in farce from
and after its passage. The legislature of this state re- I'-^'Sl'tof repca!.
serves the right to alter or amend this act, after twenty
years, as the ])ublic good may require.
Approvkd February 15, 1851. . ,
AN ACT to establish tho Union Insurance Company of Illinois. In force Feb. 15,
Section 1. Be it enacted by the people of the State of
llllnnU^ represented in the General A^f^emhlij^ That tliere
shall he established in the town of Winchester, Illinois, an °'P'"'^^°"-
insurance company, to be called the '-Union Insurance com- Style.
pany of Illinois."
1851.
224
OoDtinnanee.'
Powers.
§ 2. All such persons as shall hereafter be stockholders
of said company, shall be and they are hereby declared to
be a body politic and corpor-.te, by the name and style of
the "Union Insurance company of Illinois," and to continue
for thirty years from and after the passage of this act ; and
by that name and style shall be competent to contract and
be contracted with, and be capable in law and equity to sue
and be sued, to plead and be impleaded, answer and be
answered unto, defend and be defended, in all courts and
places and in all matters whatsoever.
§ 3, The said corporation may havejand use A common
seal, which they may change or break at pleasure, and may
also make and establish and put in execution such by-laws,
ordinances and regulations as shall, in their opinion, be ne-
cessary for the good government of said corporation and
the prudent and efficient management of its affairs. No
by-laws, ordinances or regulations of the same siiall be in
anywise contrary to the laws and constitution of this state
and of the United States.
Capital stock. yT § 4. The capital stock of said company shall be one
hundred thousand dollars, to be divided into shares of fifty
dollars each, to be paid in such instalments as the directors
chosen under this act may from time to time direct, under
such penalties as the president and directors may, in their
discretion, appoint and order. The said capital stock may
hereafter be increased to an amount not exceeding two
hundred thousand dollars, in the discretion of a majority of
the directors of said corporation, to be subscribed for and
taken under the direction and superintendence of the direc-
tors aforesaid, or a majority of the said directors, by any
person whomsoever, in tiie same manner as is provided for
the subscription to the original capital stock. The stock of
said corporation shall be assignable and transferable, ac-
cording to such rules as shall be adopted in that behalf by
the by-laws and ordinances thereof.
§ 5. The corporation hereby created shall have power
and authority to make marine insurances upon vessels, goods
and merchandise, freight, moneys, bottomry, respondentia,
interest, and upon all marine risks and inland navigation
Firo insurance, and transportation, and against all losses by fire of any
buildings or houses whatsoever, and vessels, and also to re-
ceive moneys on deposit, and to loan the same on bottomry
and respondentia, or otherwise, at such rates of interest as
now are or may hereafter be allowed by this state, and they
may also cause themselves to be insured against any mari-
time risks upon which they have made insurance, and upon
tjie interest which they may have in any vessels, goods or
merchandise, or houses, in virtue of any such loans, wheth-
er on bottomry and respondentia or otherwise, on such
To be assign
ble.
Marinel ^insu
ranees.
Loana.
225 1851.
terms and conditions as may be agreed upon by the parties,
and to fix the premiums and terms of payment.
§ G. All policies of insurance by tliem made shall be i''>nciesof ins*-
subscribed by the president, or in case of his death or ab-
sence, by the vice president, and countersigned and sealed
by the secretary of said company ; and all losses arising
under any policy, so subscribed and sealed, may be adjust-
ed and settled by the president and board of directors.
§ 7. The said corporation shall not take any risk nor Rcstrictjou.
subscribe and policy by virtue of this act, until one-fourth
part of the capital stock thereof shall have been subscribed
and one-half of the subscrij)tion actually paid in.
§ 8. Tlie said cojnpany shall [not,] directly or indirect- Trado in mer-
ly, de'i! or trade in buying or selling any goods, wares or J'''^''';!^'^ ^"*'"
merc!i;indise whatever, but the president and directors may,
at their option, vest the capital stock of said corporation in
the capital stock of any incorporated bank, trust company
or public funds o( the United States, or any state in the
Union ; tliey shall have power, also, to loan to any citizen
of tills state any portion of their capital stock, not exceed-
ing ton tiiousand dollars to one individual, on bottomry,
bond, mortgage of real estate, or other satisfactory security,
at their discretion.
§ 9. The said corporation may purchase and hold such j.,,;^! cgtate.
real estate as may be deemed necessary for the transaction
of its business, and to an amount at any one time not ex-
ceeding twenty thousand dollars ; and to take and hold any Limitation.
real estate, as securities, mortgaged or pledged to the said
corporation, to secure the payment of any debt due or that
may become due to it, and also to purchase on sales made
by virtue of any judgment at law, or any decree of a c»urt
of e(}iiity, or otherwise ; to take and receive any real estate,
in payment or toward satisfaction of any debt previously
contracted or due to the said corporation, and to hold the
same until they can conveniently and advantageously sell
and convert the same into money or other personal proper-
ty, and to sell and convey said real estate or any part thereof.
^ 10. William Russ, Henry T. Mudd, E. B. Kirby, Sam- Commissioners.
uei D. Lockwood, Alexander McDonald, and David A.
Smit':i, are hereby appointed commissioners for superintend-
ing subscriptions to said capital stock ; and the said com-
missioners, or a majority of them, shall open one or more
subscription books for said stock, on the first Monday ofSuLscritjUons.
May, A. D. 1851, in the towns of Pittsfield, Wmchester
and .[acksonville ; and the sum of two dollars on each share
subscribed for shall be paid to said commissioners, at the
time of making such subscriptions. The books may be
closed v.'heaever the wliole of said stock shall be subscribed.
And whenever a board of directors shall be duly ele :ted
the said commissioners shall deliver over to the said bjard
185L
226
Provifo.
Vaeancies.
Directors.
First elect icn,
SubseqiT^nt
elections.
Mode of con-
ducting elec-
tions.
Vacancies.
of directors said boolrs, and sliall pay over to said board
t!ie whole amount of money by tliem respectively ( r Jointly
received, excejit so m.uch as shall be retained "icr ine ex-
penses incurred by ttuin in e.vei iiting tLe duties in>posed
upon them by this act : Provuhd^ hoiDevcr^ that if thi books
for the subscription of stock shall not be opent d at the
time lierein req^.iired, the said commissioners mny < jum the
books at any time thereafter, upon giving tweniv days'
notice in one of the nev,^spapers j^rinted in each of the
towns of Pittsfield, Winchester, and Jacksonvillt, of the
time and place of opening the same.
§ 11. In case of the death, resignation or abst nee of
any of tlte commissioners named in tliis act of inci'rpora-
tion, it shall and may be lawful for any three of them to
form a quorum, and proceed to business, whose duties shall
be the same in tlie premises as those prescribed to the
whole of said commissioners by tliis act named, and their
doings as such shall be legal.
§ 12. Tiie stock, pro])erty and conceri s of sair' incor-
poration shall be managed and comlucted by nine directors,
who shall liold their offices for (-ne year and untii others
shall be chosen, and no longer, and shall at the time of their
election be citizens of this state, and holders, respK tively,
of not less tiian ten shares of the capital stock of said
comj)any.
§ 13. The first election of directors under this act shall
be held at such time and place as shall be directed by the
said commissioners, or a majority of them, vi^ho, or a major-
ity thereof, are hereby ajipointed inspectors of said elec-
tion ; and the persons thus elected as directors shall hold
their offices for one year from the date of their election, and
until others are elected in their stead.
§ 14. The said directors shall be elected annually there-
after, at such time of the day, and at such place, anu under
the direction of such persons as a majority of the Ciiectors
for the time being shall appoint, by a resolution to be enter-
ed upon the minutes.
§ 15. All elections shall be by ballot, allowing < r;e vote
to each share of the capital stock, and tlie nine pers, iis who
shall have the greatest number of votes shall be directors ;
and if at any election two or more persons shall lave an
equal number o votes, so as to leave their election unde-
cided, then the directors who have been duly elected shall
proceed by ballot and by a plurality determine which of said
persons so having an equal number of votes shall be direc-
tor or directors, so as to complete the whole number; and
whenever any vacancy shall happen for the office ( f presi-
dent or vice president or director, from death cr other
cause, such vacancy shall be filled for the remainder of the
year in which it shall happen by the directors for ti e time
227 1851.
being, or a majority of them. The said commissioners shall
certii'y under tlieir hands and seals the persons elected, aiid
deliver such ceitificate to the persons selected, or some
one of them ; and if through any unavoidable accident said
direcfors should not be chosen on the hrst Monday, as afore-
said, it shall be lawful to choose tliem on any oti^er day, in
the manner herein pi'ovided.
§ 16. The directors, when chosen, shall meet as soon Officers.
as may be after every election, and s'.all choose out of their
number a p>resident, who shall be sworn or alinmed faitli-
fully to discharge the duties of the ofRce, and shall })reside
for one year and until another person shall be ciiosei in
his stead; also a vice president for the same term; they
shall have power to appoint a secretary and all sul)ordinate
officers and agents of said corporation, and locate such
agents at such points as tuey shall choose, fix their comj/on-
sation, define their powers, and ])iescribe their duties, who "™P'^°
shall give such bond, and in sucli penal funis, with such Bonds,
conditions and with such securities as the directors shall
prescribe, and hold their several oifices during the pleasure
of a majority of said directors.
§ 17. The })resident and vice president and four of the Quorum,
directors shall be a board conipetent to t!ie transaction of
business; and all questions shall be decided by a majority
of votes.
§ 18. The legislature of this state shall never pass any Limitation of
law retarding or obstructing or in anyw^ise suspending the giai "ssemWy .
collection of any debt due said corj)oratioi).
«j 19. Tiie expenses incurred by the commissionei'S, on Expenses.
executing any duties required by this act, shall be paul out
of the moneys received by them from the subscribers, out of
the capital stock, and may be retained by them for such
purposes.
§ 20. It shall be the duty of the directors of said com- Dividends.
pany, at such times as the by-laws thereof shall prescribe,
to make dividends of so much of their interest arising from
the capital stock and the forfeits of said company, as to
them shall ap[)ear advisable ; but the money received and
notes taken for premiums or risks which shall be undeter-
mined and outstanding at the time of making such dividend
shall not be considered as a part of the profits of said com-
pany ; and in case of any loss or losses, whereby the caju-
tal stock of said company shall be lessened, before all the
instalments are paid in, each proprietor's or stockholder's
estate shall be held accountable for tlie instalment thatmay
remain unpaid on his share or sliares at the time such loss
or losses took place ; and no subsequent dividend shall be
made until the sum arising from the profits of the husir.ess
of said company, equal to such diminution, sliall have been
added to t!ie capital stock ; and once in every tiiree years,
1851.
228
Construction of
act.
Limitation.
Banking pow-
and oftener if required by a majority of the votes of the
stockholders, the directors shall lay before the stockliolders,
at a general meeting, an exact and particular statement of
the profits, if any there be, after deducting losses and di-
vidends.
§ 21. This act is hereby declared to be a public act, and
shall take elTect from and after its passage, and shall be
liberally construed for every purpose herein contained.
§ 22. This charter shall be void unless the stock shall
be subscribed and the company shall commence operations,
agreeably to the provisions thereof, within three years from
the passage of this act.
§ 23. Nothing in this act contained shall confer on said
era proiiibited. corporation banking powers.
§ 24. That in case of any loss or losses taking place,
which shall be equal to the amount of the capifal stock of
said company, and the president and directors, after know-
ing of such loss or losses having taken place, ^hall sub-
scribe to any policy of insurance, their estates, jointly and
severally, shall be accountable for any and every loss which
sliall take place under policies so subscribed; and tlie es-
tates of stockholders, as aforesaid, shall be liable for any
losses equal to the amount of said capital stock subscribed
and not actually paid in, in all cases of losses not exceed-
ing t!ie means of said company, whether tliey consist of-
of stock paid in or of ])rofits not divided.
Approved Feb. 15, 1851.
In force Febru-
ary 15, 1851.
Preamble.
AN ACT for the relief of Henry Crider and James A. Oliver.
Whereas judgment was rendered against Henry Crider,
James \. Oliver, and others, sureties of James Hankins,
late sheriff of Fayette county, deceased, for the sum of
five hundred and ninety-seven dollars and six cents, and
execution having issued upon said judgment and levied
upon the lands of said Crider and Oliver, wh'ch land was
sold, and purchased by the state of Illinois ; therefore,
SectiOxV 1. JBe it enacted by the people of the State of
Illinois^ represented in the General Asseinhly, That if the
Reconveyance. Said Henry Crider and James A. Oliver shall pay to the au-
ditor of the state of Illinois the sum of two hundred and
forty dollars, being their proportion of the said judgment,
that it shall then be the duty of the said auditor to re-con-
vey by deed, or transfer of the certificate of purchase, to the
said Henry Crider and James A. Oliver, the lands so sold
229 1851.
and .-wrchasnl by the st^ite of Illinois: Provided^ that the
said iasii of t'.vo hundred and forty dollars and six cents shall
be }) ■' 1 wit'iiu twelve months from the passage of this act.
Ai'PROVED February 15, 1851.
Alf A'T a'Tiemlatoryof "An act for the relief of Thomas S. Brockman, late col ! ectov In force Februa-
of tV: .:iiai)r\ of Bio-.vn, and his sccuritic;'/' passed February twenty-eight, one ry 15, 1851.
tlioii ;\nJ eight huiiured and forty-five.
SrcTioN 1. Beit enacted h}/ the people of the State nf
lluaois, rnresented in the General .^.s-.sem.y,y, That the
auditor of liublic accounts be empowered, and he is hereby Authority to
' ,. , 1 ^ 11 1 IS 1 -ii auditor.
autUcrizeii to adjust, and full settlement to make with
Thomas S. Brockman, late collector of Brown county, to
corrept and make allowance for all errors in the original as-
sessment for taxes for one thousand eight hundred and fdVty,
and aii errors in the sale for said taxes which may be satis-
factorily ^' ; jwu by authenticated statements made by the
projr^i- ot^ccrs of Brown county.
§ :i. Said auditor is further authorized to release the Release of «r-
amoiiut of said errors, and give said Brockman credit there- ''°'^"
for ii^ion a judgment against him and securities, in the su-
proae court.
§ >. Said Brockman is hereby released from the pay- Release of pea-
menl of twelve per cent, per annum upon the amount of
said judgment, but is bound for six per cent, per annum up-
on the residue of said judgment, after the correction and
release of said errors.
§ 4. The auditor is hereby authorized and empowered Conveyance of
to convey, release and transfer to the said Thomas S. Brock-
man. his heirs and assigns, all the right, title and interest of
the state to any and all lots, tracts or parcels of lands that
may have been purchased by the state on and in payment
of an execution in favor of the state, issu-d in pursuance
of the judgment aforesaid. It being the Intent and meaning
of this act that the said Brockman shall pay into the state
treasury, the amount that should properly have been paid
by hiin, with interest and costs, and that he be released from
all oliier liabilities on account of said judgment: Provided, Prorisa.
he coiiij.lies witii the provisions of this act on or before the
first day of .Tune, one thousand eight hundred and fifty-one.
§ 5. Thds act to take efFect and be in force from and af- •
ter its passage.
Approved Feb. 15, 1851. ■
1851. 230
In force Febru- AN ACT to authorize Frederick C. MoKenny and his associates to huild a toU-bridga
ary 15, 1S51. across Rock river, at the town of Dixon, Lee county, Illinois.
Section 1. Be if enacted hy the people of the State of
lllinoia^ repr rented in the Gcnerat Jissenihli/^ Tliat Fred-
erick C. McKenny and his associates, and his and their
heirs and assijrns, be and they are hereby authorized to
build a toll-bridge across the Rock river, at the town of
Dixon, in th.e county of Lee, and state of Illinois.
Co mraencement § 2. The Said Frederick C. McKenny and his associ-
and coujpie- ates, their heirs and assigns, shall commence the said liridcre
tionof budge. -.i • , i i i •,^ • r
witnin two years, and complete the same within lour years
after passage of this act.
Toll-gate. § '^- The said Frederick C. McKenny and his associ-
ates, their heirs and assigns, are hereby authorized, after the
completion of said bridge, to place a toll-gate at either end
of said brido-e, where he and they, and their heirs and a'^sifjns.
Toll •
may demand toll of any and every person crossing said
Proviso. briclge : Provided^ that the rates of toll for crossirg said
bridge shall never exceed those allowed for crossing t!ie fer-
ry as now established at Dixon, and that after the expiration
of twenty years from the completion of the said bridp:e, the
cor])oration of the town of Dixon, the county of Lee, or the
state of Illinois, shall have the right to purchase tlic same,
by paying the cost of construction, and the interest thereon,
at the rate of six per cent, per annum.
House. § 4. That the said Frederick C. McKenny and his as-
sociates, their heirs and assigns, shall liave the right to erect
a suitable house at either end of said bridge, for tl.< oonve-
Proviso. nience of a collector of tolls : Provided^ tiie same shall not
interfere with the travel to and from said bridge.
Bridge to be § ^- The said Frederick C. McKenny and his associ-
kept in repair, ates, their heirs and assigns, shall, at all times after the com-
pletion of said bridge, keep the same in good repair, and
allow a speedy passage, and if at any time the said bridge
shall be out of repair so as to be impassable for the space of
six montiis at any one time, the same shall become the pro-
Proviso, pert}' of the corporation of the town of Dixon : Provided, that
the destruction of the same by fire, Avater, or other casual-
ty, shall not work such forfeiture, but the same shall be re-
built or repaired as soon as practicable thereafter: n,^nd
Further proviso. ^^"^^'^^^■''^' f'lrther, that if any person in crossing said bridge
siiall sustain any injury or damage, either to himself or in
his property, in consequence ot said bridge not being kept
in good repair, the proprietor or proprietors thereof shall
be responsible for the same in their private property.
Penalty. § 6. Any person crossing said bridge with any beast,
carriage or other vehicle, in a faster gait than a walk, shall,
for every such offence, be subject to a fine of five dollars,
to be recovered before any justice of the peace in aa ac-
231 1851.
tion of debt: Provided, that notice of the same shall be put
in lan^c cajiitals at either end of the bridge.
§ 7. If at any time Rock river shall be made navigable, Draw,
by the erection of locks in the dams above and below said
bridge, then shall the proprietors cause a draw to be made
in said bridge, so that said bridge shall not obstruct the
navigation of said river.
§ 8. No ferry or toll-bridge shall be allowed or'estab- Exclusive right.
lished within one mile of t!ie place wiiere said bridge is au-
thorized to be built.
Approved February \^, 1851.
AN ACT to oitablish a ferry across tho Kaakaskia river. In force Febrn-
ary 15,1851.
Section 1. Be it enacted by the people of the State of
Etinois, represented in tfie General i/issernbly, That the
ferry iieretofore established by the county commissioners'
court, on the ninth day of June, one thousand eight hun-
dred and forty-one, on section sixteen, lot No. six, in town
one South, of range five west of the third principal meri-
dian, on the Kaskaskia river, in the name of B. M. Cox, Ferry establieh-
in Clinton county, is hereby declared a regularly establish-
ed ferr}^ ; and the roads leading to and from said ferry are
hereby declared public roads, and that the county court of Roads.
Clinton county shall possess the power from time to time
to establish rates of toll or ferriage to be received at said Toll.
ferry : Provided, that the inhabitants of said township shall
at all limes be permitted to cross free of charge, and of as-
sessing a tax upon the same, according to the instructions Tax.
of the trustees of said township : Provided, that tiie said
tax shall not exceed annually the sum of one hundred dol-
lars, wiiicli tax shall be collected as other township assess-
ments, and paid into the treasury of said township, to be
appropriated as other township funds ; and all the revenues
arising from ferry privileges on said section sixteen be un-
der tluj direction and management of the said trustees as
aforesaid, and that section third of the act of February
twenty-t:;ree, one thousand eight hundred and forty-three, '^repealed. ^^
is hereby repealed.
This act to take effect from and after its passage.
Approved Feb. 15, 1851.
1851. 232
In force Febru- AX ACT authorizing the towns of Wilmington and Reed, snd other towns to raise a
ary 15, 1S51. tax for the iiupiovemeut of the Kaukakoa river, and for building a brii^^j -icross
said river.
SccTioN 1. Be it enacted by the people of the Stah of
Jllinots, represented in the General Jhsenihlij ^ That it shall
Vote. be lawi'ul for the legal voters of the towns of Wihiilir.jton
and Reed, in Will county, at their next annual town i leet-
ing, to Vote for or against a tax for the improvement of the
Kankakee river, from the state dam up said river to Wil-
minoton, and for building a bridge across said river at Wil-
°'''°^* mington. Notice of said vote shall be given by the respec-
tive town clerks of said towns, by posting up written or
printed notices thereof in three of the most public places
in each of said towns, at least ten days prior to said town
meetings.
Manner of vo- § 2. Said votc shall be taken by ballot, upon which
*i"S- shall be written or printed, or partly written and partly })i int-
ed, "lor the tax," or "against the tax." If it shall be found
■ that a majoi-ity of the voters of said towns of Wilmington
and Reed, respectively voting upon the question, have voted
in favor of the tax, then there shall be assessed, for and du-
Rateoftas. I'i^g ^^^ term of four years, an annual tax of one cent up-
on every dollar's worth of taxable property, real and per-
sonal, in said towns, or of v/hichever of said towns shall
Mode of coiiec-Jiave voted in favor of said tax; wliich tax shall be collected
in the same manner as otlier taxes are collected, except that
it shall be paid in money only. Said votes shall be can-
. vassed, as nearly as may be, as votes at general elections
are canvassed, and sliall be certified to by the moderators
and clerks of said town meetings, and filed in the office of
the town clerks of said towns respectively.
How paid over. § 3. The collectors of each of said towns shall annual-
ly pay over to the treasurer of the Kankakee and Iroquois
Navigation and Manufacturing company the amount of taxes
collected under the provisions of tiiis act, after deducting
his lees, vv^hich shall be the same as in other collections, and
shall receive his receipt therefor; and the proper officer of
said company shall make out and deliver to the supervisor
or town clerk of said towns, respectively, a certificate of
stock in said company, equal to four times the amount of
money so paid in by the said collector for the first year, and
siiall indorse upon the back of said certificate the amount
of money paid in, and the several amounts paid in from
year to year thereafter shall be indorsed upon said certifi-
cate in like manner. If either of said towns shall at the
expiration of said four years have paid to the treasurer of
said company a sum greater than the par value of the cer-
tificate issued to said town, it shall be the duty of the prop-
er officer of said company to pay to said town an addition-
al amount of stock equal to such excess; and in case either
233 1851.
of said towns shall have paid in at the end of said term of
four ytars an acjgregate amount less than the par value of
its cerUficate of stock, it shall be the duty of said town
to surrender to the proper oHicer of said company an amount
of its stock equal to such deficit; and in no case siiall either
of said towns be held to jja}" over to said company upon
suc;i stock a greater sum t!ian tiie taxes above provided for.
Said towns shall respectively be considered stockholders
in said company, and shall each have as many votes in ail
meeliiigs of the stockholders of said company- as their re-
spective shares will entitle tiiem to, which vote may be <>iv-
en by the supervisor for the time being of eacli of said
to.vns, unless said towns shall, at a regular town mectino-,
otiieru^ise direct.
§ 4. Tlie money so raised and paid over shall be faith- Application.
fully applied by said Kankakee and Iroquois Navigation
and Manufacturing comjjany to the following objects:
First. To the improvement of the navigation of the Kan-
kakee river, from tlie state dam to the town of Wilmington.
Secondlij. To the building of a bridge across said river
at said town of Wilmington.
§ 5. In case one of said towns shall vote in favor of said Special town
tax and the otiier shall vote against said tax, it shall be tiie "^'^'-~''"S-
duty of the town clerk and supervisor of said town voting
against said tax to call a special town meeting, giving like
notices as above, within sixty days after said first vole, at,,
which time the legal voters may again vote for or against a
tax ; and in case a majority of those voting on the question
sliall vote in favor of a tax, the same shall be levied and col-
lected as above set forth ; and in case a majority shall vote
against said tax, then no such tax shall be collected for that
year ; and in case either or both of said towns shall refuse
to raise said tax during the present year, it shall be lawful
for such town or towns, at the annual town meeting in 1852, Thinlvote.
to take a like vote ; and the provisions hereinbefore provi-
ded shall be ajiplied to that and all subsequent taxes, as
nearly as may be, and tlie same shall be levied and collect-
ed for the term of lour years from and after the said vote
is taken.
§ 6. It shall be lawful for the Kankakee and Iroquois j.j.;^]„g (^ j.^
Navigation and Manufacturing company, in case said town i^iu't.
or towns shall levy and pay in said tax, as aforesaid, to con-
struct a good and substantial bridge across the Kankakee
river, at Wilmington, at some convenient and suitable
point; and the said company shall have the right to estab-
lish such rates of toll for crossing said bridge as may be
reasonable and just, which tolls shall be t-ubject to such
alterations by tlie general assembly from time to time as
may he equitable and just.
§ 7. This act shall not be construed to interfere with or
in any way alter or change the rights of or be bindijg * ""
1851. 234
upon the said Kankakee and Iroquois Navigation and Man-
ulacturin"' company, unless llie board oi" directors of said
CO n) my suall, at a meeting of said board, accept this act,
an 1 eater tiieir acceptance u,ion their corporation books.
Otbertowns § '^ Any tovviid wucii may at tlie present session of tiie
rren.iral assembly be formed out of the said town of Wii-
niia.'-ton, may, b}^ vote of tiie legal voters thereof, as above
presci-ioed, become subject to ail the provisions and enti-
tled CO ail the beneiits of this act, in every respect, in the
same manner as are tiie towns of WUmington and Reed,
and the town clerk oi the town of Wilmington shall give
the like notice in such town ten days prior to the next
annul town meeting, as is required in relation to tiie towns
of Wilmington and Reed.
§ 9. r.us act to be in force on its passage.
Ai^pRovED Feb. 15, 1851.
Time extended
In force Fehru- AN ACT for the relief of the sureties of Mjrelith J. Blockbergor, late collector of
ary 15, 1851. Montgomery county.
Section 1. Be it enacted by the people of the State of
Illinois, represented in the General J^lsseinblij , That George
Uariiap, Reuben tloss, William Wood and riiomas A. Gray,
securities on the odicial bond of Meredith J. Blockberger,
late sherilf and collector of Montgomery county, be allow-
ed the term of two years from tiie passage of this act, for
tiie payment into the state treasury of the balance due
from said late collector, for arrears of revenues due the
state, upon executing tiie joint ooiigatioa of said above
nam id securities, wicn suc.i additional security as shall be
deemed necessary, if any shall be deemed necessary by
the auditor of public accoiaC'^, payable to t.ie state treasu-
rer, Within two years from tiie passage of this act.
Approved Feb. 15, 1851.
In force Feb.l5, A>i ACT for the relief of Green Massey, late sheriff of Alexander county.
1851.
Section 1. Bz it enacted by the people of the State of
Illinjis, represented in the Gzneral Jissemblg, That the
Allowance. auditor of the state of Illinois he allowed and he is hereby
instructed to draw his warrant O'^. t;ie treasurer of this state
in favor of Green Ma-^s.ny, late sheriiF of Alexander county,
for the sum of sixty doiiais.
9 2. Tills act to take eifect from and after its passage.
/iPpROVED Feb. 15, lo51.
235 1851.
AX ACT to incorporate the Fayette County Seminary. In force Feb.l5 ,
1861.
Section 1. Be it enacted by the people of the State of
Illinois, represented in the General ^Issem.bl/j, That E.
Cajjps, James W. Berry, William C. Greenup, Benjamin W. Corporation.
Tliompson, George W. Hale, Samuel Spence, Robert
Blackwell, John Shirley, Henry E. Waterman, Daniel
Gregory, Thomas Wilkins and Joseph Gordon, and their
successors, be and they are hereby constituted a body poli-
tic and corporate, by tlie name of "Fayette Seminary," Style.
and by that name shall have perpetual succession, with
power to make contracts, to sue and be sued, plead and be ^'"^®''-
impleaded, and to grant and receive by their corporate
name ; 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 money belong-
ing to the corporation, in such manner as shall seem be'st
calculated to promote the objects of this actj to have and
use a common seal, and alter and change the same at pleas-
ure ; and to make by-laws, rules and regulations not incon-
sistent with the laws of the land.
§ 2. The object and business of the corporation sliall Objects.
be to open, establish and maintain a seminary of learning,
to be known by the name aforesaid, for the education of tlTe
youth of the country, and to fit and prepare them for the
various duties of life.
§ 3. The said seminary shall be permanently located in Location.
the town of Vandalia, and the east half of the house on
the public square in Vandalia, formerly occupied and used
as a state house, is hereby granted to said corporation, to
be held and used as a county seminary, together with the
ground on which said house stands, as provided for by an
act passed on the nineteenth day of February, one thou-
sand eight hundred and thirty-nine, entitled "An act dispo-
sing of the public property in Vandalia.
t§ 4.] The persons named in the first section of this Powers of trus-
act shall constitute the board of trustees of the said semi- t<^e«-
nary, who, as well as their successors, are vested with
power to appoint or employ a president of the said semi-
nary, and such other teachers or instructors as the wants
of the institution may require ; also from time to time to
prescribe and regulate the kind and course of study, to fix
the rate of tuition and other academical expenses, the com-
pensation of the president and other teachers or instructors,
to appoint all other necessary officers and agents and fix
their compensation, and to make rules for the general man-
agement of the affairs of the institution, and for the regu-
lation of the conduct of officers, agents and students.
[§ 5.] In order to have perpetual succession the trus-y
tees for the time being are vested with power to fill any ^'''''"^*
30
Powers of trus-
tees.
1851. 236
vacancy which may occur in the board, from death, removal
out of the state, resignation or other cause, and a majority
of the board shall constitute a quorum to do business.
Nnmi'eroftras- [§ 6.] The number of trustees shall never exceed
t'ios-i twelve, exclusive of the president of the institution, who
shall ex officio be a member of the board.
[§ 7.] The trustees for the time being shall have power
t^!^ ° to erect any additional buildings which may be deemed
necessary, to purchase books, chemical and philosophical
apparatus, and other suitable means of instruction ; they
• sliall also have power to remove or displace at pleasure any
president, teacher, officer or agent of the institution, but
two thirds of all the members of the board must concur in
the removal of the president.
Officeri. [§ 8.] The officers of the board of trustees shall con-
sistofa president, secretary, and treasurer, and the treas-
urer, or any other officer may be required to give bond and
security for the faithful discharge of the duties required of
them by the board.
[§ 9.] The said trustees shall have power to establish
and maintain separate departments in said institution for
the education of males and females, to establish and main-
tain a normal department for the education of teachers, al-
so to put in operation and maintain manual labor and me-
chanical departments, also a common school department,
in which shall be taught the branches usually taught in com-
mon schools, and to appoint all such professors, instructors
and agents as may be necessary to execute the powers liere-
in gi-anted; they are also vested with power to institute and
confer such academical or other degrees as are usually
conferred by colleges in this state, and to grant diplomas
accordingly.
[§ 10.] In its different departments the said seminary
shall be open to all applicants, and the profession of any
r<^ligious faith shall not be required in order to admission,
but students who are idle or vicious, or whose characters
are immoral, may be suspended or expelled.
[§ 11.] All property devised, bequeathed, granted or
Property. conveyed to the corporation, shall be applied to the objects
and purposes expressed in the devise, bequest, grant or con- .
veyance, when accepted by the trustees.
[§ 12.] If the common school department shall be es-
d^artment.°° tablished the trustees of the township, or school directors of
the district, may adopt and use that department as a town-
ship or district school, and use the school, township or dis^
trict funds in paying for tuition, as though it was a township
or district school; said department continuing, however, un-
der the control of the trustees of the seminary.
TV. -vi-i rS 13.1 The trustees shall severally be responsible for
of trustees, the faithful application of all funds and property wnicli
Religious faith.
237 1851.
may by any means become the property of the corporation,
to the objects and purposes of receiving the same, but no
trustee shall be liable for any act, or the consequences
thereof, against which he voted as a member of the board.
[§ 14.] The library and other articles or property pur- Library.
chased by the president and trustees of the town of Van-
dalia, by the use of the proceeds of the sales of furniture
in the old state house, as well as all furniture remaining un-
sold, are hereby granted and given to the corporation crea-
ted by this act.
[§ 15.] The trustees are also vested with power to ere- stocks.
ate, hold, control or use stocks or funds for the use of said
institution, and to use the dividends upon the stocks and in-
terest on funds for the support of the institution or any de-
partment thereof.
r?i 16.] The real estate which said corporation mayT- ....
Ill- i -J 1 11 1 • 1 11 1 ,- Limitation of
hold in perpetuity stiall not exceed six hundred and forty real estate.
acres, and if at any time a larger quantity sliall be held or
owned the excess shall be sold in ten years after the date of
acquiring the same, otherwise such excess shall revert back
to tne person or persons, his, her or their heirs or devisors,
from whom it was derived.
[§ 17.] Thisactshall take effect on the passage thereof.
Approved Feb. 15, 1851.
AN' ACT to incorporate the town of Grayville, White county. ^ „
•^ In force May 5,
1851, if appro-
Section 1. Be it enacted hy the people of the State of vedbythepco-
lUinois, represented in the General Jissemhlij, [That] the viiie.°^ *"^'^"^"
inhabitants and residents in the town of Grayville, in White
county, are hereby made a body corporate and politic, in Corporatbn.
law and in fact, by the name and style of " The President e.
and Board of Trustees of the Town of Grayville," and by
that name shall have perpetual succession, and a common
seal, which they may alter at pleasure, and in wliom the
government of the corporation shall be vested, and by whom
its affairs shall be managed.
§ 2. The boundary of said corporation shall include the Boundary.
original town plat and the several additions of the town of
Grayville, as the same are recorded in the recorder's office
in the county of White.
§ 3. Tliat there shall, on the first Monday of June ^^^^^^
next, be elected five trustees, and on every first Monday
of June thereafter, who shall hold their offices for one year,
and until their successors are duly elected and qualified ;
and public notice of the time and place of holding said
1851.
238
Qualification of
trustees.
election shall be given by the president and trustees, by
an advertisement published in a nevi^spaper in said town,
or posting it up in at least four of the most public pla-
ces in said town. No person sliall be a trustee of said
town who has not arrived at tlie age of twenty-one years,
and who lias not resided in said town six months next
preceding his election, and who is at the time thereof a
buna fide, freeholder, and, moreover, who has not paid a
Qualification of state or couuty tax ; and all white free male inhabitants
voters. over twenty-one years of age, who have resided in said
town three months next preceding an election, shall
be entitled to vote for trustees. And the said trustees
Vacancies. sliall, 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 be occasioned by death or resigna-
tion, 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 ad-
vertisements in said town, for such vacancy to be filled in
tiie same manner as provided for in regular elections, and
to appoint a clerk, an assessor, a treasurer, a street super-
visor, 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 jus-
tice of the peace that he will faitlifully discharge the duties
of said office ; and it shall be his duty to collect all fines
and serve all processes at the suit of the corporation, and
to do such otlier matters and things, pertaining to the of-
fice, as may be required of him by the ordinances and by-
laws of said corporation.
5 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 power and authority to or-
dain and establish such rules and regulations for their gov-
ernment and direction, and for the transaction of the busi-
ness and concerns of the corporation, as they may deem ex-
pedient, and to ordain and establish and put in execution
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 tlie laws and con-
stitution of this state.
§ 6. The said trustees shall have power to levy and col-
lect a tax, not exceeding one-half of one per cent., on all
Property.
Powers.
Tax.
239 1851.
lots and improvements and personal property lying and be-
ing witliin the incorporate limits of said town, according
to valuation; to tax public shows and iiouses of public en-
tertainment, taverns, stores and groceries, for the purpose
of making and improving the streets and keeping tiiem in
repair, and for the purpose of erecting such buildings and
other works of public utility as the interest and convenience
of the inhabitants of said town may require, and the circum-
stances render proper and expedient; and said trustees may
adopt such modes and means for the assessment and collec-
tion of such taxes, and the rents, issues and profits thereof,
which may be necessary for 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 dis-
pose of if necessary; they shall also have power to regu-
late, to grade, pave and improve the streets, lanes and al-
leys witliin the limits of said town and corporation, and to
extend or open and widen the same, making the persons in-
jured 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 direct-
ly interested, who, being first duly sworn for that purpose,
siiall enquire 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, extending or widening of any street, avenue,
lane or alley, and shall, morever, estimate the amounts
which other persons will be benefitted thereby, 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 wlio 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 treas-
ury; and said corporation shall, as they may from time fix
upon and determine,* and to prescribe the manner 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 un-
til public notice of the time and place shall be given, by ad-
vertisement in the newspapers, or at four of the most pub-
lic places in said town, at least fifteen days previous there-
to: Provided, that in conducting such sale the provisions of
tlie act concerning public revenue, so far as the same may
be applicable, shall be complied with.
§ 7. That the trustees of said town, or a majority of Powers,
them, shall have power to preserve good order and harmo-
ny in said town, to punisli for open indecency, breaches of
the peace, gambling, gaming houses, horse racing, shooting,
and all disorderly houses and riotous meetings, to remove
•This sentence is imperfect in the enrolled law. — Pr.
1851. 240
obstructions in the streets and public ways, and all nuisan-
ces ; for which purpose they may make such by-laws and
ordinances as to them may seem expedient and not incon-
sistent 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 proceedings under this act shall be
brought in the manner and style of the "President and
Trustees of the Town of Grayville."
S 8. It shall be the duty of any iustice of the peace re-
Violation of or- . -,^. ■ . , , i i • i i ^i • i i
diiianoes. Siding in Said town, and he is hereby autliorized and empow-
ered, upon the violatior» of any laws or ordinances of said
corporation, to issue his warrant, directed to the town con-
stable or any authorized county officer, to apprehend the of-
fender or offenders, and bring them or him forthwitli 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 or or-
dinances : Provided, such fine shall not exceed five dollars,
and imprisonment not exceeding twenty-four hours : Pro-
vided, hoiuever, that writs o^ certiorari and appeals shall be
granted from judgments under this act, as in other civil ca-
ses, and in all criminal cases the defendant shall [be] enti-
tled to an appeal to the county or circuit court by entering
into bond or recognizance, as tlie case may require, before
the justice of the peace, within twenty days after the ren-
dition of the judgment, with such security and in sucli 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 ordinances, shall be paid into the treasury of
said corporation.
§ 9. That when any town lots or real estate shall be
townTots°6oid sold for taxes, by virtue of this act, the same may be re-
fer taxes, deemed at any time within two years from the date of such
sale, by the owner of said property, or his or her agent,
executor or administrator, paying to tlie 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.
§ 10. 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 a street,
according to their respective fronts, not to exceed one per
cent., for the purposes of grading and paving the said side
walks on said street.
§ 11. That all ordinances of said trustees shall be fairly
written out, signed by tlie 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.
Special tax.
Ordinances.
241 1851.
§ 12. The justices of the peace and constables who are Fees.
required to render services under tliis act sliall be entitled
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, Mcotiug?.
shall have j)ower to call a meeting of the board, by giving
one day's notice thereof, and a majority shall constitute a
quorum to do business, but a majority shall [have] power Q"°^"^"^-
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 clerk 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
of 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 Voto for or
shall vote, on the first Monday in May next, foi- or against against law.
becoming incorporated under this act. If a majority of all
the votes cast at said election are in favor of being incor-
porated, tlien this act to be in full force, otherwise to.be
null and void.
Approved Feb. 15, 1851.
AK" ACT to amend the charter of the Lake and MoIIenry Plank Koad Company. In force Febru-
ary 16, 1851 .
Section 1. Be it enacted by the people of the State of
Illinois, represented in the General t/issembly, That the
Lake and McHenry Plank Road association shall have the r>,if,'ht of exten-
right to extend tlieir road from its present termination, ^"^""
through the eoimties of Lake, McHenry and Boone, in such
direction as the said company may choose, on obtaining the
consent of the board of supervisors of the respective coun-
ties through which said road shall pass, and may make a
good turnpike road without plank wherever the nature of
the ground will admit, and for this purpose the time for com-
pleting the road shall be extended to the first day of July,
A. D. one thousand eight hundred and sixty, and they may
at all times exercise and possess all rights and privileges
over the road as far as it is constructed as fully as they
would be were the road fully completed.
§ 2. The capital stock of said company may be in- increase of cap
creased to one hundred and fifty thousand dollars. itai stock.
Approved Feb. 15, 1851.
1851.
242
In force Feb.15,
1S51.
AN ACT to change the names of certain persons therein named.
Section 1. Be it enacted by the people of the State of
Illinois, represented in the General Assembly, That the
Names changed names of Mary Henderson Beller, of Greene county, in the
state of Illinois, be and the same is hereby changed, for all
purposes whatever, to the name of Mary Henderson De-
wees, and that the names of her children, Louisa Jane Bel-
^ ler, William Harrison Beller, Julia Ann Beller, Rachel
Terry Beller, Ciiarlotte Temple Beller, and Pernina Lucre-
tia Beller, be changed, for all purposes whatever, to Louisa
Jane Dewees, William Harrison Dewees, Julia Ann De-
wees, Rachel Terry Dewees, Charlotte Temple Dewees,
and Mary Lucretia Dewees,
Name changed. § 2. That the name of Oliver Sheple, of the county of
Fulton, state of Illinois, be and the same is hereby changed,
for all purposes whatever, to the name of Oliver Shipley,
and by that name to be known, and to have, maintain and
enjoy all the rights and immunities, in person and property
the same, to all intents and purposes, as if his said name
had not been changed.
This act to be in force from and after its passage.
Approved Feb. 15, 1851.
In force Feb. 15, AN ACT to amend an act entitled "An act to incorporate Metropolis city, "approv-
1861. ed February 25th, 1845.
Section 1. Be it enacted by the people of the State of
Illinois, represented in the General Jlssembly, That the
board of trustees of Metropolis city, in Massac county, Illi-
nois, be and they are iiereby authorized ajid empowered,
upon the application in writing of the owners of two thirds
of the front lots an any street in said town, to levy and col-
lect a tax in mone}^ or labor which shall be sufficient, in the
judgment of said board of trustees, to grade and pave the
side walks on such street.
§ 2. If any owner of any lot so assessed under the
provisions of this act shall fail and refuse to pay the tax
or amount assessed upon his or her lot or lots, the same shall
be subject to sale for the tax or assessment made as afore-
said, in the same manner, in all respects, as the lands of de-
linquent tax payers are now subject to be sold under the
revenue laws of this state.
§ 3. The president of said board of trustees be and he
is hereby invested with the jurisdiction of justice of the
Tax.
Application.
Delinquents.
243 1851.
peace, in all cases, civil and criminal, arisinfT within the cor- Piesuicnt to
porate limits of said Metropolis city, and shall be entitled to tkm of justice
the same fees for services rendered. of the peace.
Approved Feb. 15, 1851.
AN ACT to incorporate the Chester Branch Railroad Company. In force Feb.l5,
1S51 .
Section 1. Be it enacted by the people of the State of
I Ilinois^representedin the General t/Jssembly, That Jolin
Campbell, Scth Allen, Francis Swanwick,William Edwards, Corroration.
William C. Mur])hy, H. B. Jones, Henry Hempleman, Ches-
ter A. Keyes, Frederick Williams, Walter B. Scates, Har-
vey T. Pace, Stinson H. Anderson and Stephen J. Hicks,
their associates, successors and assigns, be and they are
hereby constituted a body corporate and politic, under the
name and style of the "Chester Branch Railroad company," gfyie.
for the purpose of surveying, locating, constructing, com- objects.
pleting and operating a railroad, from the town of Chester,
in Randolph county, in the state of Illinois, and thence, up-
on tlie most eligible route, to Pinckneyville, in Perry coun-
ty, and thence to intersect at some suitable point with the
main trunk of the Central railroad from Cairo to the south-
ern terminus of the Illinois and Michigan canal, whenever
the said persons and their associates shall organize in full
compliance with the provisions of an act entitled "an act
to provide for a general system of railroad incorporations,"
approved November fifth, A. D. one thousand eight hun-
dred and forty-nine.
§ 2. This act shall be in force from and after its pas-
sage.
Approved Feb. 15, 1851.
AN ACT changing the eastern termination of the Northern Cross Railroad. In force Feb.l5,
1851.
Section 1. Be it enacted by the people of the State of
Illinois, represented in the General ./issembly, That no for-
feiture shall ac-crue against or in respect to the Sangamon Release of for-
and Morgan Railroad company, or in respect to any grant ^'^''^^^•
made to said company by the act supplementary to the act
incorporating said company, by reason of a failure to ex-
pend fifty thousand dollars in the construction of the road
east of Springfield during the present or next year : Provi- Proviso.
ded, that by the first of February, eighteen hundred and
1851. 244
fifty-three, the said company shall have expended one hun-
dred thousand dollars in the construction of said road, and
that in one year after said date last mentioned, they shall
have finished the road to the line of the main trunk of the Cen-
tral railroad, so that the same may be safely used for the
transportation of persons and property thereon, but if the
company shall not have expended the said sum o'f one hun-
dred thousand dollars by the said first day of February, one
thousand eight hundred and fifty-three, or shall not have
complied with the conditions prescribed in the supplemen-
tal act aforesaid, then the general assembly may repeal the
said supplemental act, and the property granted and con-
veyed by the same shall revert to and become the property
of the state.
§ 2. The said company may change the direction of the
road at Danville so as to run from that point to the state
line at the nearest practicable point, in the direction of ha-
Further proviso, f^y^tte : Provided, said company shall not extend their
said road more than fifteen miles from Danville.
T ^. 5 3. The said company may locate and construct the
Location. ^ i--ii -i- -i i- tt ^
road on the most ehgible route, withm two miles oi Urbana,
from Decatur to Danville, any thing in previous acts to the
contrary notwithstanding.
This act shall take elFect from and after its passage.
Approved Feb. 15, 1851.
In force Febrn- AN ACT to authorize Thomas D. Davis and John M. Earwick to build a mill-dam
ary 15, 1S51. across the Big Saline creek.
Section 1. Be it enacted by the people of the State of
Illi)iois, rejjresented inthe General Jissemhly, That Thomas
MiU-dani au- £)^ Davis and John M. Barvv'ick, their heirs and assigns, be
and they are hereby authorized to build, construct and con-
tinue a mill-dam across the Big Saline creek, on the south-
east fourth of the north-west fourth of section four, in town-
ship ten south, of range four east, in the county of Wil-
liamson ; provided they are the owners of said land.
§ 2, This act to be in force from and after its passage.
Approved February 15, 1851.
245 1851.
AN ACT to incorporate the Galena Forum and Literary Institution, at Galena, Illinois. In force Febru-
ary 15, 1851.
Section 1. Be it enacted by tlie people of the State of
lUinois^ represented in the General ,/2sse7nbly. That J. B.
Branch, Osee Welch, C. B. Denio, Wm. R. Craig, and Xn-^m^'^'^^^on.
gustiis Chetlan, and all such other persons as shall hereaf-
ter become stockholders In the corporation hereby created,
shall be and are hereby created a body ])olitic and corpo-
rate, under the name and style ot "The Galena Forum," to'^'y^'^-
be located in the city of Galena ; and by that name shall
have perpetual succession, and shall have power to adopt a
common seal, and alter or renew tlie same at pleasure ; and
by that name shall transact all its business, and may sue and
be sued, answer, prosecute and defend in all courts of jus-
tice in this state having competent jurisdiction.
§ 2. That the capital stock of said association shall not Capital stock -
exceed fifty thousand dollars, and shall be divided in shares
of ten dollars each, but shall be entitled to all the franchi-
ses when five thousand dollars shall be subscribed and se-
cured to the satisfaction of the directors.
§ 3. That the above named incorporators shall open Subscriptions.
books at such times and places in the city of Galena, for
subscription to the capital stock, as they shall appoint, not'
exceeding three months after the passage of this act; and
when five thousand dollars shall be subscribed the directors Directm-s.
shall be elected by the stockholders ; at which time twenty
per cent, of the capital stock subscribed shall be paid in to
the directors so chosen, and the balance secured to the sat-
isfaction of the directors.
§ 4. That so soon as the association shall be fully or- objects.
ganized, as named in the above section, the directors are
hereby authorized to purchase a suitable lot of ground, and
erect thereon a building of such materials and construction
as they may think proper, to be known as the "Galena Fo-
rum," to be situated in the city of Galena, the front story
to be used as stores and an arcade, and the upper stories to
be so constructed as to be used as assembly and lodge
rooms. That the said assembly room or rooms shall be and
remain forever open for the use of all religious denomina-
tions, of every kind, physiological, scientific and political
associations of all kinds, thespian, theatrical and other per-
formances, concerts, and all other social parties of every
name and kind, under such terms and restrictions as the di-
rectors may prescribe.
§ 5. That from the directors so chosen one shall be se- Officers.
lected as president, who shall preside at all meetings of the
board; and a secretary and treasurer shall be selected from
the stockholders, whose duties shall be prescribed by the
board, who shall hold their offices for one year, or until their
successors are elected and qualified.
1851.
246
Bylaws.
Restriction.
Stock transfera-
ble.
Ront for room.
Coastructlon.
§ 6. That tlie stockholders, at their organization, shall
adopt by-laws, rules and regulations by which the corpo-
ration and its members shall be governed, and may alter or
amend the same, and define the duties and compensation of
the officers, and require such security for the faithful dis-
charge of their duties as shall be deemed proper, and shall
have power to declare forfeited all stock not paid on due
notice given.
§ 7. That said corporation shall not deal in any real or
personal estate, property or merchandise, except so much as
may be necessary for its own use, and such as may be taken
to secure any debt, or in payment thereof, due the corpora-
tion, but shall strictly confine itself to the object of its crea-
tion, as herein set forth.
§ 8. That the stock in this corporation shall be personal
property, on which certificates may issue, but no transfer
shall be valid while the holder is indebted to the corpora-
tion, and until an entry in the record of said corporation of
such transfer.
§ 9. That the directors of said corporation shall, at
their annual meeting, establish a certain per diem for the
use of the public room, which shall not be increased or di-
minished during said year.
§ 10. This act shall take effect from and after its pas-
sage, and be deemed a public act, and be liberally con-
strued, for all purposes herein contained, by the courts of
justice in this state,
Approved Feb. 15, 1851.
In force Februa-
ry 15, 1S51.
AN ACT to incorporate the Illinois Liberal Institute.
Section 1. Be it enacted hy the people of the State of
Illinois, represented in the General Assembly, That Alfred
Corporation. Brown, Peter Frans, Lorentus E. Conger, E. A. Paine,
Alvah Wheeler, Alfred Knowles, John L. Clay, Reuben
Heflin, Samuel Dow, Jonathan Rice, S. W. Brown, Alfred
Osburn, Joel Lee, C. R. Palmer and Amos Pronty, and
their successors, be and they are hereby created a body
Style. politic and corporate, to be styled "The Illinois Liberal In-
stitute;" and by that name to remain in perpetual succes-
Generai powers, sion, with power to contract and be contracted with, to sue
and be sued, to acquire, hold and convey property, real per-
sonal and mixed, to have and use a common seal and alter
the same at pleasure, to make and alter by-laws for the
government of the corporation, its officers, agents and ser-
vants; Provided, such by-laws be not inconsistent with the
constitution and laws of the United States or of this state.
247 1851.
§ 2. The object of tlie corporation shall be the estab- Object.
lislnnent and support of education.
6 3. The said institution shall be located in the town of t ,■
/-111 • I . TT- 11 Jjocation.
(jralesburg, ni the county ot Knox, and the persons named in
the first section of the act, and their successors, shall be
trustees thereof. Said trustees sliali ha\e power to locate Trustees,
and erect the necessary buildings, to appoint a principal, and
all sucii instructors and instructresses, and einidoy all such "T'lcir power!,
agents as may be requisite to the purposes of the corpora-
tion, to dismiss or remove any or all of them, at tiieir plea-
sure, and to appoint or employ otliers in their stead. The
trustees shall also have power to prescribe the course of
study, fix the prices of tuition, and determine the compen-
sation of the principal and all other persons employed in
the institution.
§ 4. The said corporation shall liave power to receive p
by gift, grant, devise or bequest, property, real personal or
mixed, and to hold and use the same, with the issues, rents
and proceeds thereof, for the purposes of the institution : provigo.
Pruvided., that the whole amount of property so lield by said
trustees, exclusive of legacies and donations, shall not
amount, at any one time, to more than twenty thousand dol-
"^* ^ , ,, , . Api.lieation of
^ 5. All money, property, rents, clioses in action, and property.
otlier valuables, so received by said trustees, shall be faith-
fully applied to the erection of buildings, the purchase of
furniture, books, maps, charts, globes, philosophical, as-
tronomical, chemical, and other apparatus^ necessai-y to
tlie success of the institution, and to the payment of the
salary of the principal and others employed by the trustees: pj-^^-jgo
Pruvided, that when the funds of said institution. shall ex-
ceed the sum of five thousand dollars, then said excess may
be appropriated as hereinafter provided. Subscriptions,
§ 6. The trustees shall have power to receive sub-
scriptions from all persons, and of collecting the same, for
the purpose of advancing and supporting said institution ;
and when any person shall subscribe the sum of twenty-five
dollars, he shall be entitled to one share and one vote, as
a stockholder in said institution, and shall be entitled to a
receipt therefor from the treasurer of said institution.
And when any person shall subscribe tiiree shares, he shall
be entitled to two votes, and the subscriber of seven shares
shall be entitled totliree votes, and so on in that proportion.
§ 7. That on the first Wednesday of May next, or on """^"^^^ ^°°'
some Wednesday within two months thereafter, the time
designated by a majority of said trustees herein named, and
not until four thousand dollars are subscribed, said stock-
holders shall meet at said town of Galesbura:, and oraanize
said institution, by electing from their body not less than „
nine nor more than twenty-one trustees, the exact number
1851.
248
Books, papers,
Officers.
to be determined by said stockholders so met. Said stock-
holders to elect said trustees in three classes: the first class,
one third of said number, to be elected for the term of three
years; and the second class, also one third of said number,
for the term of two years, and tlie tliird class for the term of
one year; and each class to hold their office until their suc-
cessors are elected, and ever afterwards each class to be
elected for three years.
§ 8. That the said Alfred Brown, Peter Frans, L. E.
Conger, E. A. Paine, Alvah Wheeler, A. Knowles, J. L.
Clay, R. Heflm, S. Dow, J. Rice, S. W. Brown, A. Osburn,
J. Lee, E. R. Palmer, A. Pronty, the original trustees named
herein, shall, upon the election of said trustees by said stock-
holders, as herein provided, immediately turn over to the
trustees so elected, as their legal successors, all of the
books, papers, property, implements, materials, and all oth-
er things belonging and appertaining to said institution.
And said trustees so elected shall have as free and as ample
power, in all things, as is herein given to the trustees named
herein.
§ 9. The trustees so elected by said stockholders shall
elect from their own body one president, to hold his office
during the time for which he was elected a trustee, and one
treasurer, who shall hold his office at the will of said trus-
tees; and said trustees shall also elect from among said
stockholders, whether he is a trustee or not, one secretary,
who shall hold his office for the term of five years, unless
removed by a vote of at least two-thirds of the trustees.
Tae separate duties of said officers, besides what are here-
in provided for, to be prescribed by the by-laws of said in-
stitution.
^ 10. The treasurer, before entering upon his duties,
shall give a bond for the faithful performance of his duty,
in sucli a sum and upon such conditions as the trustees
shall direct; and all forfeitures upon said bond shall be col-
lected in the name of said institution, for its use and bene-
fit. The treasurer shall also provide himself with books,
Duty of treasu-jj^ which the names of all the subscribers, and the amount
by each subscribed, shall be entered, as well as all payments
made upon said subscription; and he shall also enter in
said books an exact description of all property received by
gift, grant or by purchase, and if real estate it shall be
described in said books as described in the title papers;
and the entries of each kind of property shall be kept by
themselves. He shall also give receipts for money paid in
on subscription to the person paying the same, and shall,
annually, and oftener if required by the trustees, report tO
them all matters in the line of his duties, and shall exhibit
his books for the inspection of the trustees, whenever by
them required.
Treasurer to
?ive bond.
249 1851.
§ 11. Tlie secretary shall keep a correct record of the Duty of sareta-
proceedings of the stockholders, and also be the secretary ^^''
of the board of trustees.
§ 12. One half of the trustees sliall corjstitute a quo- Quorum.
rum, and may do the business of tlie board.
§ 13. The annual meetings of the trustees shall be on Annual meet-
the day of the annual meeting of the stockholders, and ^"°*
their annual meeting sliall be held at a time and place desig-
nated by themselves at a previous annual meeting each
year: ProyzV/tY/, tlie secretary shall be authorized to call Proviso,
special meetings, by giving public notice thereof, whenever
requested so to do by the president and two other trustees.
§ 14. The stockholders shall meet annually on the same
day of the annual meetings of the trustees, and elect one ^t'gg°g^''°°^'"'*'
third of the number of trustees to fill the vacancies of
tliose whose term of office shall then expire: Provided, l^voviso.
that the principal or any teacher in said institution may be
a stockholder in said uistitution, but in no case shall such ,
principal or teacher be a trustee while he is so acting as
principal or teacher.
§ 15. The said trustees are hereby required — first, to Application of
appropriate a sufficient amount of the funds of this insti-
tution to the permanent organization and support of the
same ; and second, the balance, if any, may be invested in
a permanent fund, and the profits thereof be applied by the
board for the establishment of professorships, or the educa-
tion of orphans, or in any other manner consistent with
the best interest of the institute hereby incorporated.
§ 16. The tract of land on which the buildings of theExempt'n from
institute may be erected, together with all furniture, books,
and apparatus belonging to said institute, shall be exempt
from all taxes.
§ 17. The trustees are hereby fully authorized and f-oiiection of
empowered to collect, in the name of said institute, all subscriptions.
subscriptions which may have been made for the purpose
of founding .and establishing the same, prior to the passage
of this act.
§ 18. This act shall be deemed a public act, and may
be used as evidence without being specially pleaded.
Approved Feb. 15, 1851.
1851. 250
In force Febni- AN ACT to amend "An act to incorporate the colleges therein named," and the acta
ary 15, ISol. amendatory thereto.
Section 1. Be it enacted hy the people of the State of
Illinois, represented in the General Assembly^ That the
Numherof trus-act entitled "An act to iftcorporate the colleges therein
toes increased. j-,^jjjg (J ^" approved February ninth, one thousand eight hun-
dred and tliirty-five, and the several acts amendatory there-
to, be and the same are so amended that the number of
trustees of ShurlelF college, denominated in said act "Alton
college of Illinois," may be increased to any number not
exceeding tiiirty-one, any number of whom, not less than
seven, under the by-laws of said college, may form a quo-
rum for the transaction of business.
This act to take effect from its passage.
Approved Feb. 15, 1851.
In force Febru- -A-N ACT to vacate an alley in the town of Rushville, Schuyler county,
ary 17, 1S51.
Section 1. Be it enacted by the people of the State of
Illinois, represented in the General Assembly, That the
alley laid out between blocks thirteen (13) and twenty
Alley vacated. ^20,) that lies between Lafayette and Madison streets, in
McCreery's addition to the town of Rushville, as laid out
in section twenty-five (25,) township two (2) north, range
two west of the fourth principal meridian, in the county of
Schuyler, is hereby vacated.
This act to take effect from and after its passage.
Approved Feb. 17, 1851.
In force Febru- -^^ ^'^'^ to build a bridge across the Illinois river at Ottawa, and to amend an act, in
ary 17 1S51. 'i-'^'^<i^ March 1st, 1847, to authorize George H. Norris to build a bridge across the Illi-
nois river at Ottawa.
Section 1. Be it enacted by the people of the State of
Illinois, rejiresented in the General Assembly, That Henry
Bridge author- Green and his associates, their heirs and assigns, be author-
''^'^ ■ ized to build a bridge across the Illinois river, above the
mouth of Fox river, or near the line between sections num-
ber eleven and twelve, in towiisiiip thirty-three north, of
range number three east of tlie third prhicipal meridian,
in the county of La Salle, and state of Illinois.
Commencement § 2. That the Said Henry Green and his associates, their
andcompiet'n. j^gjj.g ^^^ assigns, shall Commence Said bridge Within two
251 1851.
years from the passage of this act, and shall complete the
same within two years thereafter.
§ 3. The said Henry Green and his associates, their Toll-gate.
heirs and assigns, are hereby autiiorized, after the com-
pletion of said bridge, to place toll-gate at either end of
the same, wliere he or they, their heirs and assigns, may
demand of every j)erson passing said bridge the following
rates of toll, viz : for each two liorse waggon or carriage, r^^^jj^^
drawn by two liorses, mules, asses, or oxen, twenty cents ;
for each additional mule, ass, or ox, attached to such wag-
gon or carriage, five cents ; for each one horse waggon,
carriage or cart, fifteen cents ; for each man and horse, ten
cents ; for each head of hogs or sheep, under fifteen in num-
ber, one cent each, and for all over fifteen head in number,
one half cent each; for eacli head of horses, mules, asses,
or cattle, under fifteen in number, three cents each, and for
all over fifteen in number, two cents each ; for each foot-
man, tliree cents ; for each footman, per month, twenty-
five cents : Provided^ that said Green and his associates, Proviso.
tlieir heirs and assigns, may double said rates for all per-
sons passing after nine o'clock in the evening and before
five o'clock in the morning.
§ 4. The said Green and his associates, their heirs and Arrangement to
assigns, are hereby authorized and required to make such ott™ra ^rYdl-e
arrangements with the Fox River Bridge company, at Otta- company.
wa, so that all persons crossing the bridge herein author-
ized to be built, and also the Fox river bridge, at Ottawa,
in said county, upon the same day, may do so by paying the
rates of toll by law established for crossing either of said
bridges, so that but one toll shall be charged for once cross-
ing botli bridges upon the same day ; and the Fox River
Bridge company, at Ottawa, with the consent of each of the
stockholders therein, are hereby authorized to enter into
such agreement ; and said agreement, when made shall be
binding upon the owners of both of said bridges ; or in case
the said Fox River Bridge company and the said Green and
his associates, their heirs and assigns, sliall choose, in the
manner aforesaid, to make an arrangement by which the
stock of both the aforesaid bridges shall be consolidated, so
that both of said companies shall be merged in one com-
pany, are hereby authorized and empowered to do so ; and
in such case the said Fox River Bridge company, at Ottawa,
shall become merged in the corporation created by this act ;
and the above rates of toll only shall be charged for one
crossing both of said bridges upon the same day ; and the
company created under this act shall, in case of tlie union
of the Fox River Bridge company with the company formed
under this act, have the control and management of the Fox
river bridge, and have all the benefits of the provisions of
the act creating the said Fox River Bridge company, and be
31
1851. 252
chargeable with all the liabilities imposed therein ; and the
provisions of this act, so far as applicable, shall apply to
said Fox river bridge ; and suits growing out of said bridge
shall be brought in the name of the Union Bridge company,
to be formed under this act.
Repairs. § ^- The Said Henry Green and his associates, and
their heirs and assigns, shall, at all times, after the comple-
tion of said bridge, keep the same in good repair, and al-
low a speedy passage ; and if at any time the said bridge
shall be out of repair, so that the same shall be impassable
for the space of six months, at any one time, the same shall
become the property of the corporation of the said town of
Ottawa: Provided^ the destruction of the same by fire or
water, or other casualty, shall not work such forfeiture,
but the same shall be rebuilt or repaired, as soon as prac-
ticable thereafter.
§ 6. The corporation hereby created shall have the
lor t ore ^^e ^. .^^ ^^ reduce the foregoing rates of toll, after the cora-
toU.
'■ti
pletion of said bridge, in such manner as they may deem
beneficial to the stockholders therein and the public.
6 7. If any person shall wilfully do or cause to be done
Penaltv. ^ . . ^ "^ • i i • i ai ' (PA
any injury to said bridge, the person or persons so otiend-
. , , ing shall forfeit and pay to the proprietors of the same
three times the amount of such injury, to be recovered be-
fore any justice of the peace or other court having juris-
diction of the same.
§ 8. The said bridge shall be deemed a public high-
^cWmedapub- way, withiu the meaning of the laws providing for the pun-
lic highway, ishment of persons injuring, obstructing or destroying pub-
lic highways or bridges, in any manner or by any means
whatever.
§ 9. Every person crossing said bridge with any beast
Penalty. faster than a walk shall forfeit five dollars to the proprietor
thereof, to be recovered before any justice of the peace or
otlier court having jurisdiction thereof.
§ 10. The said Green and his associates shall have the
Toll-house. light to erect a suitable house at either end of said bridge,
for the convenience of a collector of tolls or agents : Pro-
vided^ the same shall not interfere with the travel to or
from said bridge.
§ 11. For the purpose of carrying out the provisions of
Corporation. ^^^ foregoing act, the said Henry Green, and all such per-
sons as sliall become subscribers to the stock of said bridge,
their successors and assigns, be and they are hereby crea-
ted a body politic and corporate, by the name and style of
General powers, the " Union Bridge company," and by such name shall be
and are hereby made capable in law to sue and be sued to
final judgment and execution, plead and be impleaded, de-
fend and be defended, in any court of record or other place
whatever ; to have and use a common seal, and the same
253 1851.
to alter at pleasure; and shall be and are hereby vested
with all the privileges, powers and immunities necessary to
carry into effect the objects of this act; of holdino- and
conveying real and personal estate, necessar}^ for the pur-
poses above mentioned ; of contracting and being con-
tracted with. And the immediate government and direc-
tion of the affairs of said company shall be vested in tiiree
directors, who sliall be chosen by the members of the cor-
poration, in the manner to be prescribed by the by-laws
thereof, who shall hold their offices until others are duly
elected ; and said directors, a majority of whom shall form
a quorum for tlie transaction of business, shall elect one of
their number to be president of said company.
§ 12. The president and directors, for the time being, President and
are hereby authorized and empowered, by themselves or ^iii^«2ctors.
their agents, to exercise all powers herein granted to said
Green, his associates, their heirs and assigns, for the pur-
pose of constructing and completing said bridge.
§ 13. The said company shall have power to make allsy-iaws.
such by-laws, rules and regulations as they may deem
necessary to carry into effect tiie objects of this act, and for
the transfer and assignment of its stock, the conveyance
of property, and the payments of assessments ; and if any
assessment U[)on the stock subscribed shall remain unpaid
after thirty days' public notice has been given, requirinp-
the payment of the same, it shall be lawful for the president
of said company to sell such delinquent share or shares in
such manner as the directors of the company may deem
expedient : Provided^ the by-laws established by said com-
pany shall not be repugnant to the laws of this state or the
United States.
§ 14. The members of said company, their heirs and individual lia-
assigns, shall be liable in their private and individual prop- i^iiity.
erty, for any and all debts contracted on account of said
bridge, to an amount equal to the stock so by him or them
held.
§ 15. The said Green, his associates, their heirs and Navigation not
assigns, shall construct said bridge in such a manner that \ tieobstruct-
it shall not obstruct navigation on said river; that they shall
keep open at least sixty feet at all times when steamboats
or other crafts navigating said river may wish to pass said
bridge.
§ 16. The act to authorize George H. Norris to build Revival of act.
a bridge accross the Illinois river, at Ottawa, in force
March 1st, 1847, is hereby revived; and the said Norris,
his heirs and assigns, are hereby authorized and required
to commence the construction of said bridge in one year,
and complete the same in two years thereafter; and the said
act is hereby so amended as to require the said Norris, his Amendment.
heirs and assigns, or any person or persons acting under said
1851. 254
act, to build said bridge below the mouth of Fox river and
in the town of Ottawa.
§ 17. Neither of said companies shall at any time own
more real estate, exclusive of their bridge, to an amount
exceeding five thousand dollars.
Approved February 17, 1851.
Restriction.
In force Februa- AN ACT to incorporate the Mississippi and Rock River Junction Railroad Company,
ry 15, 1851.
SectioxN 1. Be it enacted htj the peojjie of the State of
lUinois, represented in the General ^ssemhhj, That James
Corporation. F. Booth, John Phelps, jr., William C. Green, William L.
Booth, Mellord Green, Clark Green, Robert Green, Wilson
H. Weight, Nathaniel R. Boon, Richard Green, George
Dudley, Rowland H. Reese, Samuel Johnson and Royal
Jacobs, and such others as they may associate with them,
their successors and assigns, are hereby constituted a body
Style. corporate and politic, by the name and style of " The
Mississippi and Rock River Junction Railroad company,"
and by that name shall have succession for the term of fifty
Duration. years from and after the passage of this act ; and may, by
that name, contract and be contracted with, sue and be
General powers. g^g(^j^ plead and be impleaded in any court of law or equi-
ty; may have and use a common seal and alter the same at
pleasure ; may make by-laws, rules and regulations for the
management of its property, the regulation of its affairs,
and f^or the transfer of its stock, not inconsistent with tlie
laws and constitution of this state or of the United States ;
and may, moreover, appoint such subordinate agents, offi-
cers and servants as the business of the said corporation
may require, and allow them a suitable compensation, pre-
scribe their duties, and require bond for the faithful per-
formance thereof, in such penal sums and with such securi-
ties as they may choose, who shall hold their offices during
the pleasure of a majority of the directors of the said cor-
poration.
§ 2. The said corporation shall have the right to survey,
Objects. locate and construct, and, during its continuance, to main-
tain and continue a railroad, with single or double track,
and with such appendages as may be deemed necessary
for the convenient use of the same, from the Narrows of the
Mississippi river, in Fulton City, Whiteside county, and
state of Illinois, to a point on the north-western branch of
the Central railroad, north of Rock river, by the way of
Sterling, in said county of Whiteside, should said branch
of said Central railroad, when definitely located, run east
255 1851.
of said town of Sterling, and to locate and construct the
same on such line, course or way as may be designated and
selected by the directors of said corporation whereon to
construct and locate the same, and may also prescribe the
manner in which said railroad shall be used, by what pow-
er tlie carriages to be used thereon may be propelled, to
regulate tlie time and manner in which goods, effects and
passengers may be transported and carried on the same,
and th.e rates of toll on the transportation of persons and
property thereon.
§ 3. The capital stock of the said corporation shall be ^'^Pi'^' ^'°<''^-
seventy-five thousand dollars, and shall be deemed person-
al property, and shall be divided into shares of fifty dollars.
The capital stock may at any time hereafter be increased
to a sum not exceeding two hundred tliousand dollars, if
the same shall be judged necessary, to be subscribed for
and taken under the direction of the directors of said cor-
poration— books to be opened for that purpose, and in such
maimer as may be prescribed by the by-laws of said cor-
poration.
§ 4. The following named persons, to wit : Royal J a- Commissioners
cobs, John Phelps, jr., WilHam L. Booth, Riclmrd Green,
Samuel Johnson, Charles S. Lunt, Joel Harvy and Van J. ■
Adams, John B. Myers, Joseph Boynton, Rowland H.
Reese, Henry Ustick, Joshua T. Atkinson, of Whiteside
county, Illinois, shall be commissioners for receiving sub-
scriptions to the capital stock of said corporation, who
shall, within twelve months from the passage of tliis act,
cause books to be opened at sucli times and places as they
may deem proper, for receiving subscriptions to the said
capital stock. Notice of the times and places when and .
where the books will be opened to be given by publication, "
for at least thirty days previous to opening the same, in
some public newspaper published in the city of Rock Is-
land, or Galena. On opening said books said commission-
ers shall attend, by themselves or agents, and continue to
receive subscriptions to the capital stock of said corpora-
tion from all persons who will subscribe thereto, until the
whole amount thereof shall have been subscribed, when the
said books shall be closed. Each subscriber shall, at the
time of subscribing, pay to the commissioners the sum of
five dollars on each share of the stock subscribed for by
him ; and the said commissioners shall, so soon as the di-
rectors of said corporation are elected, deliver to them the
whole amount so received, and also all subscription books
and papers belonging to said company. A majority of said
commissioners may fill any vacancies that may occur in
their number by death, resignation or otherwise.
§ 5. The affairs of said corporation shall be managed Directcrs.
by a board of nine directors, to be chosen annually by the
1851.
256
Election of
directors.
stockholders from among themselves. The first election
for directors shall be holden as soon as may be after the
stock has been subscribed. The commissioners shall give
notice of the time and place at which a meeting of the
stockholders will be held for the choice of directors ; and
at the time and place appointed for that purpose the
commissioners, or a majority of them, shall attend and act
as inspectors of said election. The stockholders who shall
be present, either in person or by proxy, shall proceed by
ballot, to elect their directors ; and the commissioners pre-
sent shall certify the result of such election, under their
hands, which certificate shall be recorded in tlie books of
the corporation, and shall be sufficient evidence of the elec-
tion of the directors therein named. All future elections
shall be held at the times and in the manner prescribed by
the by-laws and regulations of said corporation. Each
stockholder shall be entitled to vote in person, or by proxy
duly authorized, one vote for every share he may own, at
the commencement of each election, and a plurality of votes
shall determine the choice, but no stockholder shall be al-
lowed to vote at any election, after the first, for any stock
which shall have been assigned to him within thirty days
previous to holding such election.
§ 6. It shall be lawful for the directors to require pay-
ment of the subscriptions to the capital stock, at such times
and in such proportions and on such conditions as they
shall deem proper, under the penalty of the forfeiture of
the stock and all previous payments thereon ; and tliey shall
give notice of the payments thus required, and of the place
where and the time when the same are required to be paid,
at least thirty days previous to the time of requiring pay-
ments, by publication in at least tiiree of the most public
newspapers printed in the state.
§ 7. Tlie said corporation is hereby empowered to pur-
chase, receive and and hold such real estate as may be ne-
cessary and convenient in accomplishing the objects for
which this corporation is granted, and may, by their agents,
engineers and surveyors, enter upon and take possession of
Ri^htofway. and use all such lands and real estate as may be necessary
and indispensable for the construction and maintenance of
said railroad and the appendages and accommodations re-
quisite and appertaining thereto; and may also receive,
take and hold all such voluntary grants and donations of
lands and real estate as shall be made to the corporation
for the purposes aforesaid; but whenever any lands, real es-
tate or materials shall be taken and appropriated by said
corporation for the location or construction of said railroad
or its appendages, or any work appertaining thereto, and
the same may not be given or granted to said corporation,
or the proprietor or proprietors do not agree with said cor-
Payment of
subscription
Ileal estate.
Damajres,
257 1851.
poration as to the amount of damages or compensation
which ought to be allowed and paid tlierefor, or shall not
mutually agree on some person or persons to appraise the
same, damages shall be estimated and assessed in manner
following: the said corporation, or the owner or owners of
said lands, may, on giving notice of their intended applica-
tion and the time and place of making the same, apply,
by petition to the judge of the circuit court of the county
in wiiich said lands may lie, or in the absence of the said
judge from said county, then to tlie county judge, particu-
larly describing in said petition the lands to be appraised;
and upon proof that reasonable notice has been given, as di-
rected, the said circuit judge, or in his absence then the
county judge, shall, upon hearing the peitition, appoint three
disinterested freeholders, residents of the county in which
said lands may be situated,. as commissioners, for the pur-
pose of assessing such damages; and the order in which
they are appointed shall specify the lands proposed to
be appropriated and occupied by the corporation for the
purposes aforesaid. The said appraisers, after being being
duly and legally sworn, by some officer legally authorized
to administer oaths, honestly and impartially to assess such
damages, shall proceed, by viewing said lands and by such
other evidence as the parties may produce before them, to
ascertain and assess the damages which each owner shall
sustain by the appropriation of his lands for the })urposes
aforesaid. The said a})praisers shall make a report in wri-
ting, to said judge of the circuit or county court, as the
case may be, reciting the order of their appointments, and
specifying the several parcels of lands described therein,
the names of the owner or owners of the respective par-
cels of land, if known — if not known stating that fact, and
specifying also the damages which the owner of the re-
spective parcels will sustain by reason of the appropria-
tion of the same for the purpose aforesaid; which said re-
port shall be filed in the office of the clerk of the circuit or
county court, as the case may be, in which said lands may
lie. Should either party be dissatisfied with said assess-
ments the said judge may, at the next term of the circuit
or county court, as the case may be, on hearing the par-
ties in interest, or if both do not appear, on proof of notice
being given to the opposite party, modify the said assess-
ments, as to him shall appear just. At the said term of
the court, as aforesaid, holden next after the filing of said
report, as aforesaid, a record shall be made of the report,
witli the order of the said court thereon, accepting or mod-
ifying the same. On the payment of damages, if any, thus
assessed, and the expenses of assessment, the corporation
shall immediately become seized and possessed of the said
1851.
258
Damage to pro-
perty of in-
fants, <fcc.,
how ascertain-
ed.
Inter:ectioDS.
Proviso.
Penalty.
Loans.
Repairs.
lands and property, and entitled to the use of the same for
the purposes aforesaid.
§ 8. When the lands or any other property or estate of
■ any other married woman, infant or person non comjios men-
tis, shall be necessary for the construction of the said rail-
road or its appendages, the husband of such married wo-
man, or the guardian of such infant or person non compos
mentis, may release all damages in relation to the land, pro-
perty or estate to be taken and appropriated as aforesaid,
as fully as they might do if the same were holden in their
own right, respectively; or the husband or guardian of any
such person [whose property] shall be taken as aforesaid,
may appear and act for and in their behalf in obtaining an
assessment of the damages to the same under this act, and
in case any such infant or -person non compos mentis, whose
property may be taken as aforesaid, shall be without guar-
dian, the judge of the circuit or county court, as the case
may be, shall have power to appoint a guardian ad litem to
act in behalf of such person.
§ 9. Whenever it shall become necessary, under this act
of incorporation, for the construction of a single or double
track railroad, as herein authorized, to intersect or cross
any stream of water or any public road or highway, it
shall be lawful for the said corporation to constructor cross
the same: Provided, that the said corporation shall restore
such- stream or water course or public road or highway,
thus intersected, to its former state, or in a sufficient man-
ner not to materially impair its usefulness.
§ 10. If any person or persons shall wilfully or negli-
gently do, or cause to be done, any act or acts whatever
whereby the said road, or any part thereof, or any building,
construction or work of said corporation, or any engine,
machine or structure, or any matter or thing appertaining
to the same, sliall be stopped, obstructed, weakened or im-
paired, injured or destroyed, the person or person so offen-
ding shall forfeit and pay to said corporation treble the
amount of the damages sustained by reason of such offence,
to be recovered, witli costs of suit, in the name of said cor-
poration, by action of debt; and such offender or offenders
shall also be deemed guilty of a misdemeanor, and be sub-
ject to indictment and punished as in other cases.
§ 11. For the purpose of facilitating the construction
of said railroad authorized by this act, the said corporation
is and shall be permitted to negotiate a loan or loans of
money, to the amount of its capital stock, and to pledge all
of its property, real and personal, and all of its rights, cred-
its and franchises, for the payment thereof.
§ 12. It shall be the duty of the corporation hereby cre-
ated, when the railroad contemplated by this act shall have
been completed, to keep and maintain the same in good
259 1851.
condition and repair; and whenever, from any cause what-
soever, the same shall become injured or out of repair; the
said corporation shall immediately proceed to repair the
same.
§ 13. Tliis act shall be deemed and considered a pub-
lic act, and shall be favorably construed for all purposes
herein expressed in all courts and places whatever.
Approved Feb. 15, 1851.
AN ACT to continue the charter of the Alton, Jlount Carmcl and New Albany Rail- In force Februa-
road Company. ry 17, 1851 .
Whereas by the act of the general assembly, approved Preamble.
February 12th, A. D. 1849, it is provided, in the follow-
ing words, to wit: "That the Mount Carmel and New
Albany Railroad company, incorporated by the legisla-
ture of the state of Indiana, and tlie Mount Carmel and
Alton Railroad company, incorporated by the legislature
of the state of Illinois, be and the same are hereby uni-
ted, and shall hereafter form and constitute one com-
pany, to be known as the ' Alton, Mount Carmel and
New Albany Railroad company," &c. ; and whereas the
directors of the said company did, in accordance with the
said act, meet at Mount Carmel, on the first Monday in
June, A. D. 1849, and made and entered into an agree-
ment whereby the aforesaid companies, commonly called
the Southern Cross Railroad of Indiana and Illinois, were
united into one company, by the name and style of the
" Alton, Mount Carmel and New Albany Railroad com-
pany," and elected directors and officers of said com-
pany ; therefore,
Section 1. Be it enacted by the people of the State of
Illinois, represented in the General Jissemhly, That the
acts and doings of the said directors in and about the said Acts ratified,
agreement for the union of the said Mt. Carmel and New
Albany and the Mt. Carmel and Alton railroad companies,
be and the same are hereby ratified and confirmed.
§ 2. That the act entitled " An act to incorporate the Act revived.
Mount Carmel and Alton Railroad company," approved
January 18, A. D. 1836, together with all acts amending,
renewing, revising and extending said act of incorporation,
be and the same are hereby reenacted, renewed, revived,
and extended, and the times allowed, authorized and pro-
vided therein for the commencement, completion and con-
tinuance of said railroad, shall be severally computed from
the date of the passage of this act.
1851. 260
Proviso repeal- § 3- That the proviso contained in the fourteenth sec-
^^^- tion of the act incorporating the Mount Carmel and Alton
Railroad company, approved January 18, A. D. 1836, be
and the same is hereby repealed.
Section amend- § 4. That Section five of an act entitled " An act to
^- amend the act to continue the Mount Carmel and Alton
Railroad company," approved February 12, A. D. 1849,
be and it is hereby so amended that whenever the presi-
dent and a majority of the board of directors of said com-
pany shall make application to the judges of the county
courts of the several counties named and provided in said
section, that the said judges of the county courts are iiere-
by authorized, and it is hereby made their duty, to order a
special election for the purposes named in said section, giv-
Proviso, ing twenty days' notice of said election : Provided, that
such election shall only be ordered upon the petition of one
hundred voters in the county in which such election shall
be held.
. ,, ., ,„ 5 5. That the said "Alton, Mount Carmel and New
Anthority t*' a i, -dm ii • i i • i i • i ii
borrow monei'. Albany Railroad company is hereby authorized, and it shall
be their duty, to borrow money for the purpose of aiding in
the construction of said railroad, and for that purpose shall
issue bonds, to bear an interest not exceeding eight per cent,
per annum ; and the payment of said bonds shall be secured
by a lien on said railroad and its appendages, and the fran-
chises and property of said corporation; and all sales of the
bonds or other obligations of said company, for a less
amount than their par value, shall be as good, valid and
binding upon said corporation as if the same were sold for
their full par value ; and all the powers and regulations
contained in this section shall extend and apply to all incor-
porated cities and tov/ns, and also to all counties that may
hereafter borrow money and issue their bonds or other
obligations for the same, for the purpose of aiding in the
construction of said railroad, by subscribing for sliares of
the capital stock or for the purpose of loaning such borrowed
sums of money to said railroad company for said purpose.
T, , 6 6. Be it further enacted. That said company be and
are hereby authorized to construct a branch of said rail-
road to lllinoistown, on the east bank of the Mississippi
river, opposite St. Louis, and also another branch thereof
to Shawneetown, in Gallatin county.
Umonwithotb- § '^' Said Company shall liave power to unite its rail-
er roads. road with any other railroad now constructed or which may
hereafter be constructed, either in this state or in the state
of Indiana, upon such terms as may be mutually agreed on
by the companies so connecting, and for that purpose full
power is hereby given to said company to make and exe-
cute such contracts with any other company as will secure
the objects of such connection.
261 1851.
§ 8. This act to take effect and be in force Irom and
after its passage.
Approved Feb. 17, 1851.
■ AN ACT for tho relief of Strotlicr B. Walker. In force Febroa-
ryl7, 1S51.
Whereas the said Walker was on tlie bond of one Edmund p^.g^^^ljie.
Jones, a collector of Clay county, for the year 1842.
Said Jones was a defaulter to the state treasury for that
year, in the sum of five hundred and one dollars, scA-en-
teen cents, as appears on the records in the auditor's of-
fice. The said Jones was never prosecuted for the re-
covery of this amount, and is now insolvent, and has ab-
sented himself from the jurisdiction of the state. The
said Walker was the only responsible name on said bond,
and is himself a very poor but honest man, and desires
relief, under the peculiar hardships of the case ; therefore,
Section 1. Be it enacted by the people of the State of
Illinois^ represented in the General t^ssemhly, T!hdii S troth- Release.
er B. Walker is hereby released from all obligation due to
the state of Illinois, on account of the failure of one Ed-
mund Jones, a collector of Clay county, to pay up the
amount due the state of Illinois, for taxes of the year 1842.
^ 2. This act to be in force from its passage.
Approved Feb. 17, 1851.
AN ACT to amend an act entitled an act to incorporate the town of Peterslmrgh. In foree Febrn-
ary 17,1851.
Section 1. Be it enacted hy the peopde of the state of
Illinois, represented in the General Assembly, That the
eighth and eighteenth sections of the act to which this is an Offences againat
amendment, be so amended that jurisdiction be and hereby °^
is given to any justice of the peace of the county of Me-
nard, upon complaint made to him, to issue his warrant for
the immediate arrest and trial of all offenders against the
ordinances of said town of Petersburgh lawfully made, and
upon conviction of any such offenders, the said justice of
the peace shall have power to order him to be committed to
tlie county jail until the hue and costs against him assessed
shall be fully paid or replevied according to law: Provided, Proviso.
all such trials shall be conducted in all respects in the same
manner and under the same regulations as other criminal
1851. 262
cases of a similar nature, and subject to an appeal to the
circuit court of Prfenard county, as by law provided in cases
of breaches of the peace.
Ordinances. ^^ ^' '^'^^ trustees of the Said town of Petersburgh are
hereby authorized to pass all such ordinances as may be
necessary and proper to cari-y out the powers conferred up-
on them by their original charter, and by the first section
Proviso. ^^ ^^i^ ^^^' Pf^ovidcd, said ordinances be not contrary to
the constitution of this state or of the United States.
Approved Feb. 17, 1851.
In force Feb. 17 ^^ ^^'^ ^^ amend the charter of the City of Alton.
1861. '
Section 1. Be it enacted by the jieople of the State of
Illinois^ represented in the General Jlssembly^ That the
Issue of bonds corporate authorities of the city of Alton be and they are
authorized, hereby authorized to issue bonds of the city of Alton, pledg-
ing for the security of the payment of the same ttie rev-
enue which may be derived from the public landing of the
city of Alton, under the ordinances which may be passed
Proviso. by said city concerning said public land : Provided^ the
amount of said bonds shall at no time exceed in the aoffre-
gate the sum of fifty thousand dollars, nor bear a greater
rate of interest than eight per cent, per annum: Jind pro-
FvLTthevpToviso. vided, further, such bonds shall in no case be issued except
to pay for the improvements made or labor expended upon
said public landing, under contract made with said city.
Copy of records. § ^- ^^'^^ common council of the city of Alton are here-
by authorized to cause to be copied from the recorder's
office of Madison county all the deeds, mortgages and oth-
er writings recorded in said county of Madison, concern-
ing or affecting any real estate situate in said city of Alton;
and said common council may employ the recorder of the
city of Alton, or some other competent person, to copy said
deeds, mortgages or other writings into a well bound book,
to be provided for that purpose; and the person so ap-
pointed shall have access to the books of record of Madi-
son county, for the purpose of making the copy aforesaid,
free of charge.
§ 3. When the deeds, mortgages and other writings
aforesaid shall be copied, the recorder of Madison county
sliall assist in comparing said copies with the records there-
of; and after the correction of all errors, if any, the per-
son so employed, and the recorder of Madison county, shall
make and sign an affidavit, certifying that said copy has
been truly and correctly made from the records of said
AfiSdavit.
263 1851.
office; which certificate shall be made upon the book in
which the deeds are copied as aforesaid.
§ 4. Copies made from the books in whicli the deeds Evidence.
shall be copied as aforesaid, certified by the register of the
city of Alton, may be used as evidence, prima facie, of
the existence and contents of the original deeds, and of the
time of the original recording of the same.
§ 5. The recorder of Madison county shall be allowed Fees,
five cents for his services and the use of his office, for each
deed or mortgage, or other writing, copied under the pro-
visions of this act, which shall be paid by the city of Alton.
§ 6. The plats of any land lying within the limits of Record of plate.
tlie city of Alton, which may hereafter be subdivided in-
to lots, shall be recorded in the office of the register of the
city of Alton, instead of the office of the recorder of Mad-
ison county; and such recording in the city of Alton of plats
already made, or to be made, sliall have the same effect as
if the same were recorded in the office of the recorder of
Madison county.
§ 7. This act to take effect from and after its passage.
Approved Feb. 17, 1851.
AN ACT to provide for tlie building of side wallcs, <tc., in the town of Joliet, in Will In for<'e Feb.17,
cuunty. 1S51.
Section 1. Be it enacted by the people of the State of
Illinois, represented in the General Jissembly, That it shall
be lawful for the legal voters residing on any street in the Taxautboriztd.
town of Jolict, East Joliet, or any of the additions to said
town of Joliet, (except so much of such streets running
east and west as are situated between Scott street, in East
Joliet, and Eastern avenue, in Bo wen's addition,) to hold a
meeting or meetings, at such time and place as may be here-
after designated, for the purpose of voting for or against a
tax to be levied on the real estate adjoining such street, for
the purpose of building a side walk or walks thereon.
§ 2. Notice of such meeting shall be given at least ten Notice.
days previous, by posting up written or printed notices in
three public places on the street whereon said walk is pro-
posed to be built, or by inserting the same two weeks suc-
cessively, previous to said meeting, in some public newspa-
per published in said town ; said notice shall state the time
and place at which said meeting is to be held, and the pur-
pose for which the same is to be held.
§ 3. The persons attending such meeting may choose a Amount,
chairman and secretary from their number; estimates may
be made of the amount necessary for the building of said
proposed walk or walks ; and the meeting shall determine
1851.
264
by vote the amount of money, if any, that shall be raised by
tax for the building of such walk or walks. The meetino-
shall also determine that part of the street and what street,
and whetlier on one or both sides of the same said walk
shall be built ; and if a majority of the voters at said meet-
ing shall vote for said tax the same shall be levied, and if
a majority shall vote against such tax the same shall not be
levied. If such tax shall be levied as aforesaid, it shall be
on the real estate hi such street on which the proposed walk
is to be built, and on no other property. Said tax shall be
levied on such lot or part of lot contiguous and opposite
on said street to said proposed walk, in proportion to the
whole number of feet adjoining, opposite or contiguous to
the same : Provided^ that where good side walks are now
made, of either stone or wood, opposite any lot or part of
lot, such lot or part of lot shall be exempt from such tax,
but the lot or lots on the opposite side of the street from
said side walk shall be taxed the same as if no walk had
been heretofore built. The amount levied on such lots on
said street shall be certified by the chairman and secretary
of said meeting to the clerk of the county, who shall forth-
with make out a list of the same and deliver the same to the
collector, who shall collect the same as other taxes.
§ 4. Said meeting may choose a committee of three or
five persons to build said walk, and said committee when
chosen shall have full power to contract for the building of
the same, and to remove or cause the removal of obstruc-
tions, and to do all things necessary for tlie building and
completion of the same. Said side walks may be of either
wood or stone, and shall not be less than three nor more
than ten feet wide.
§ 5. A full and true record of all the proceedings of
such meeting shall be kept, and a copy of tlie same, signed
by the chairman and secretary, shall be filed with the clerk
of the county court within thirty days' after such meeting
shall have been held, and it shall be the duty of the clerk
to preserve the same with the documents and records in his
office. In computing the taxes for said town of Joliet, the
said side walk tax shall be computed and carried out sepa-
rately, and shall be collected in all respects in the same
manner provided by law for the collection of other taxes,
and the collector shall be responsible upon his bond as col-
lector, for such side walk tax, and he shall pay the said tax
over to said committee, upon their order, as the money is
collected.
6 6. It shall also be lawful for the inhabitants, legal
voters, residing in Bowen's addition, Campbell's addition,
and Cassiday's addition to Joliet, and that part of East Jol-
iet east of Scott street, and also the trustees' subdivision of
the north-west quarter of section fifteen, adjoining Joliet, to
265 1851.
hold a meeting in manner above provided for, on the like
notice being given, to vote for or against a tax on the real
estate therein situated, for the purpose of building a walk or
walks, extending from Scott street, in East Joliet, to Eastern
avenue, in Bowen's addition to Joliet, and if a majority of
tlie legal voters at such meeting siiall vote for such tax, the
same sliall be levied upon the real estate above mentioned,
in proportion to its valuation as per its assessment roll. The
meeting siiall determine the amount of such tax, and may
choose a committee, and do all things necessary for the car-
rying into eftect the provisions of this section.
§ 7. Siiould any person, taxed under the provisions of Delinquents
this act, refuse or neglect to pay the same within the time
now given for the collector to collect state and county
taxes, the lot or block shall be sold for said taxes in the
same manner as for state and county taxes, and become for-
feited in the same way.
This act to be in force from and after its passage.
Approved February 17, 1851.
AX ACT to change the name of the town of Georgetown, in Kandolph county. i,-, for^g Febru-
ary 17, 1S51.
Section 1. Be it enacted by the people of the State of
Illinois, represented in the General Jissemblij, That the
name of the town of Georgetown, in Randolph county, be change of name
and is hereby changed to the name of Steeleville, and shall
be so designated for all uses and purposes to which the for-
mer name of Georgetown applied.
§ 2. The rights of any citizen or property holder shall Rights rcserv'd.
in no way be effected by the change of the name of said
town.
This act to be in force from and after it passage.
Approved Feb. 17, 1851.
AN ACT to locate an alley in the town of Rockton, county of Winnebago. In force Febru-
ary 17, ISol.
Section 1. Be it enacted by the people of the State of
Illinois, represented in the General Asseynbly, That there
be and hereby is laid out an alley across block fourteen, in Alley establish
the town of Rockton, and county of Winnebago, eleven ^'^■
feet wide, running east and west, in such manner as to take
one half of the eleven feet from tlie lots on Main street and
the other half from the lots on Mechanic street.
§ 2. This act to take effect from and after its passage.
Approved February 17, 1851.
1851. 266
In force ^ebru- ^^ ^^rj, ^.^ incorporate the Chicago and Milwaukee Eailroad Company.
Section 1. Be it enacted hy the jjeojjie of the State of
Illinois, rej)resented in the General Assembly, That all such
Corporation, persons as shall become stockholders, agreeably to the pro-
visions of this act, in the corporation hereby created, shall
be and are hereby constituted and declared a body corpo-
Styie. rate and politic, by the name of the "Illinois Parallel Rail-
road company," and by that name shall have succession for
General powers. ^^*^ term of fifty years from and after the passage of this
act, and may, by said name, sue and be sued, complain and
defend in any court of law or equity, may have and use a
common seal and alter or renew the same at pleasure, may
make by-laws, rules and regulations for the management of
its property, the regulation of its affairs, and for the trans-
fer of its stock, not inconsistent with the laws and consti-
tution of this state or of the United States ; and may,
moreover, appoint such subordinate agents, officers and ser-
vants as the business of said corporation may require, and
allow them a suitable compensation, prescribe their duties,
and require bond for the faithful performance thereof, in
such penal sums and with such securities as they may
choose, who shall hold their offices during the pleasure of
a majority of the directors of the said corporation.
§ 2. The said corporation shall have the right to sur-
^^^ "' vey, locate and construct, and during its continuance to
maintain and continue a railroad, with single or double
track, and with such appendages as may be deemed neces-
sary for the convenient use of the same, from the -city of
Chicago, in the county of Cook, contiguous to or not vary-
ing more than ten miles from the shore of lake Michigan,
viz : Waukegan, in Lake county, to the state line, to inter-
sect a road now in contemplation of being made and con-
structed from Milwaukee, in the state of Wisconsin, via
Racine, Southport or Kenosha, to said state line, and to
locate and construct the same on such line, course or way
as may be designated and selected by the directors of said
corporation whereon to construct and make the same, and
may also prescribe the manner in wliich said railroad shall
be used, by what force the carriages to be used thereon
may be propelled, to regulate the time and manner in which
goods, effects and passengers may be transported and car-
ried on the same, and the rates of toll on the transporta-
tion of persons or property thereon ; and it shall also be
lawful for the said corporation to unite with any other rail-
road company already incorporated, or which may be incor-
porated, upon such terms and at such points and parts of
the said railroads as may be considered necessary to unite
with or to intersect each other within the limits of the road
authorized by this act, as may be agreed upon by the direc-
267 1851.
tors of said companies, under tlie same privileges and re-
strictions as herein contained.
§ 3. The capital stock of said corporation shall be one capital stock.
million dollars, which shall be deemed personal property,
and shall be divided into shares of one hundred dollars
each. Tiie said capital stock may at any time hereafter be
increased to a sum not exceeding two millions dollars, if
the same be judged necessary, to be subscribed for and
taken under the direction of the directors of saic^ corpora-
tion, whenever they shall cause one or more books to be
opened for that purpose, and in such manner as may be pre-
scribed by the by-laws of said corporation.
§ 4. The following named persons, to wit : David Bal- Commissioners.
lantine, David Cory, W. G. Smith, D. O. Dickinson, E. D.
Ely, A. B. Cotes, Wm. C. Tiftany, D. S. Dewey, John C.
Claikson, H. W. Blodgett, R. D. Dodge, H. Swan, H. W.
Dorsett, of Lake county, shall be commissioners for re-
ceiving subscriptions to the capital stock of said corpora-
tion, who shall, within twelve months after the passage of
this act, cause books to be opened at such places as they
may deem proper, for receiving subscilptions to the said
capital stock. Notice of the times and places when and Notice.
where the said books will be opened to be given by publi-
cation for at least thirty days' previous to opening the same,
in some public newspaper printed and published in each of
such places. On opening said books the commissioners
shall attend, by themselves or agents, and continue to re-
ceive subscriptions to the capital stock of said corporation
from all persons who will subscribe thereto, until the whole
amount thereof shall have been subscribed, when the said
books shall be closed. Each subscriber shall, at the time of
subscribing, pay to the commissioners the sum of five dol-
lars on each share of the stock subscribed for by him ; and
the said commissioners shall, as soon as the directors of
said corporation are elected, deliver to them the whole
amount so received, and also all subscription books and
papers belonging to said company- A majority of the com-
missioners above named may fill any vacancies tiiat may
occur in their number by death, resignation or otherwise.
§ 5. The affairs of said corporation shall be managed Diroctors.
by a board of nine directors, to be chosen annually by the
stockholders from among themselves. The first election
for directors shall be holden as soon as may be after the
stock has been subscribed. The commissioners shall give
notice of the time and place at which a meeting of the stock- Eiootion.
holders will be held for the choice of directors, and at the
time and place appointed for that purpose the commission-
ers, or a majority of them, shall attend and act as inspec-
tors of said election. The stockholders who shall be pre-
sent, either in person or by proxy, shall proceed by ballot
32
1851,
268
Pajment
stock.
of
to elect tlieir directors; and the commissioners present shall
certify the result of such election under their hands, which
certificate shall be recorded in the books of the corpora-
tion, and shall be sufficient evidence of the election of the
directors therein named. All future elections shall be .held
at the times and in the manner prescribed by the by-laws
and regulations of said corporation. Each stockholder shall
be entitled to vote, in person or by proxy, duly authorized,
one vote for every share he may own at the commencement
of each election, and a plurality of votes shall determine the
choice, but 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 the day of
holding such election.
§ 6. It shall be lawful for the directors to require pay-
ment of the subscriptions to the capital stock at such times,
and in such proportions, and on such conditions as they
shall deem proper, under the penalty of the forfeiture of the
stock and all previous payments thereon; and they shall
give notice of the payments thus required and of the place
where and the time when the same are required to be paid, at
least thirty days previous to the time of requiring said pay-
ments, by publication in at least three public newspapers
printed in the state.
§ 7. The said corporation is hereby empowered to pur-
chase, receive and hold such real estate as may be necessa-
ry and convenient in accomplishing the objects for which
this incorporation is granted, and may, by their agents, en-
gineers and surveyors, enter upon and take possession of
and use all such lands and real estate as may be necessary
and indispensable for the construction and maintenance of
said railroad and the appendages and accommodations re-
quisite and appertaining thereto; and may also receive, take
and hold all such voluntary grants and donations of land
and real estate as shall be made to the said corporation, for
the purposes aforesaid. But whenever any lands, real es-
tate or materials shall be taken and appropriated by said
corporation, for the location or construction of said rail-
road or its appendages, or any work appertaining thereto,
and the same shall not be given or granted to said corpora-
tion, or the proprietor or proprietors do not agree with the
said corporation as to the amount of damage or compensa-
tion which ought to be allowed and paid therefor, or shall
not mutually agree on some person or persons to appraise
the same, the damages shall be estimated and assessed in
the manner following : The said corporation or the owner
or owners of said lands may, on giving notice of their in-
tended application and the time and place of making the
Legal proceed- same, apply, by petition, to the judge of the circuit court
in the county in which said lands may lie, or in the absence
Real ostate.
Righto* way.
Damajces.
ings.
269 1851.
of said judge from the said county, then to the seriior
county commissioner of said county, or tlie county judge
of said county, particularly describing in said petition the
lands to be appraised ; and upon proof that reasonable
notice has been given as directed, tiie said judge, or in case
of his absence as aforesaid, the said senior county com-
missioner shall, on hearing the said petition, appoint three
disinterested persons, freeholders and residents of the
county in which said lands may be situate, as commission-
ers, for the purpose of assessing such damages; and the
order in which they are appointed shall specify the lands
proposed to be appropriated and occupied by said corpora-
tion for the purposes aforesaid. The said appraisers, after
being duly sworn before an officer legally authorized to
administer oaths, honestly and impartially to assess such
damages, shall proceed, by viewing said lands, and by such
other evidence as the parties may produce before them, to
ascertain and assess the damages which each owner will
sustain b}' the appropriation of his land for the purposes
aforesaid, over and above the benefit and advantage which
said commissioners shall adjudge will accrue to such owner
or owners by the construction of the said railroad. The
said appraisers shall make report, in writing, to the said
judge of the circuit court, reciting the order of their ap-
pointment, and specifying the several parcels of land de-
scribed tlierein, the names of the owner or owners of re-
spective parcels, if known, and, if not known, stating that
fact, and specifying also the damages which the owner of
the respective parcels will sustain by reason of the appro-
priations of the same for the purposes aforesaid; which said
report shall be filed in the office of the clerk of the circuit
court of the county in which said land may lie. In case
either of the parties is dissatisfied with said assessment,
tiie said judge may, at the next term of the circuit court
in said county, on hearing the parties in interest, or if both
should not appear, on proof of notice being given to the
opposite party, modify the said amendment as to him shall
appear just. At the said term of the circuit court holden
next after the filing of said report, as aforesaid, a record
shall be made of the said report, with the order of the said
court thereon, accepting or modifying the same. On the
payment of the damages, if any, thus issued, and the ex-
penses of the assessment, the said corporation shall imme-
diately become seized and possessed of the said land and
property and entitled to the use of the same for the purpo-
ses aforesaid.
§ 8. When the lands or other property or estate of any Damage to land
married woman, infant or person non compos mentis^ shall ^o^^^rtoin-
be necessary for the construction of the said railroad or its ed-
appendages, the husband of such married woman or the
1851.
270
Itrteiswtions.
POTaltj^.
Loana.
guardian of such infant or person non compos mentis^ may
release all damages in relation to the land, property or es-
tate to be taken and appropriated as aforesaid, as fully as
they might do if the same were holden in their qwn rights,
respectively, or the husband or guardian of any such person
whose property shall be taken as aforesaid, may appear
and act for and in their behalf in obtaining an assessment
of the damages to same under this act. And in case any
such infant or person non compos mentis, whose property
may be taken as aforesaid, shall be without guardian, the
judge of the circuit court or the commissioners shall have
power to appoint a guardian ad litem, to act in behalf of
such person.
§ 9. Whenever it shall be necessary under this act of
corporation for the construction of a single or double track
railroad, as herein authorized, to intersect or cross any
stream of water, or any public road or highway, it shall be
lawful for the said corporation to construct across or upon
the same, provided the said corporation shall restore such
stream or water course, or public road or highway, thus
intersected, to its former state, or in a sufficient manner not
to materially impair its usefulness.
§ 10. If any person shall wilfully or negligently do or
cause to be done any act or acts whatever, whereby the
said road or any building, construction or work of said cor-
poration, or any engine or machine, or structure, or any
matter or thing appertaining to the same, shall be stopped,
obstructed, weakened or impaired, injured or destroyed,
the person or persons so offending shall forfeit and pay to
the said corporation treble the amount of damages sus-
tained by reason of such offence, to be recovered, with
costs of suit, in the name of said corporation, by action of
debt ; and such offender or offenders shall also be deemed
guilty of a misdemeanor, and shall be subject to indictment
and punishment as in other cases.
§ 11. For the purpose of facility in the construction
of the railroad authorized by this act, the said corporation
is and shall be permitted to negotiate a loan or loans of
money, to the amount of its capital stock, and pledge all
its property, real and personal, and all its rights, credits £ind
franchises, for the payment thereof.
§ 12. It sliall be the duty of the corporation hereby
created, when the railroad contemplated by this act shall
have been completed, to keep and maintain the same in
good condition and repair, and whenever, from any cause
whatever, the same shall become injured or out of re-
pair, the said corporation shall immediately proceed to re-
pair the same, under the penalty of a forfeiture of the
amount of all damages caused by such want of repair in
said road.
271 1851.
§ 13. This act shall be deemed and considered a pub- Con3tniotjt)n.
lie act, and shall be favorably and ji'stly construed for all
purposes therein expressed and declared in all courts and
places whatsoever.
§ 14. The railroad contemplated herein to be comple-
ted within ten years from the passage of this act.
Approved February 17, 1851. '•■ ^ v
AN ACT to incorporato the Frederick Ferry, Dyke and Plank Road Company. In force Feb.l7j
Section 1. Be it enacted hy the people of the State of
Illinois, represented in the General ^dsscmhly, That George
Little, Charles Farwell, their associates, assigns and sue- Corporation,
cessors, shall be and tiiey are hereby chartered and con-
stituted a body corporate, by the name of the " Frederick style.
Ferry, Dyke and Plank Road company," have succession,
be capable of suing and being sued in all courts, be capa- p(j^gi.s.
ble of contracting and being contracted with, of purchas-
ing, selling, holding and conveying estate, both real and
personal, as necessary and convenient to enable them to es-
tablish a ferry across the Illinois river, at Frederickville,
in this state, and to build dykes, bridges and plank roads
across the overflowed bottoms of the Illinois river at said
place, and to carry out the privileges and Iranchises grant-
ed, with power to make by-laws, rules and regulations for
the management of its property, the stock of the said com-
pany, and to regulate its affairs.
§ 2. The stock of said company shall be twenty thou- stock.
sand dollars, in shares of fifty dollars each, which is de-
clared to be personal property, transferable by assignment.
When the capital arising from said stock is invested and ex-
pended in the objects of said charter, the stock of sai.l com-
pany may be from time to time increased, in amounts of
five thousand dollars, as required in the completion of said increase,
works, but such stock shall not be increased beyond the
s^um of seventy-five thousand dollars.
§ 3. The said corporation shall at all reasonable times Boats,
run across said river a good, substantial and safe ferry boat,
and give safe and speedy passage to all persons wishing to
cross, with any and all kinds of stock, teams, carriages and
property, such as is usual to be ferried, and shall have a
right to demand and receive from any and every person
and thing crossed the rates of toll established for crossing ^,^^^^.
the Illinois river at Beardstown, and be governed in the
management of said ferry by the provisions of the act en-
titled "An act to provide for the establishment of ferries,
1851.
272
Use of state
road.
Increase of
stock.
Forfeiture of
charter.
PenaUy.
toll-bridges and turnpilce roads," approved February 12,
1827.
§ 4. The said corporation, in the construction of their
dykes, bridges and plank roads, shall and may have the use
of the state road across said river bottoms, between the
highlands of the Illinois river, at said point ; and when
such dykes, bridges and plank roads shall be by them con-
structed, so as to make the crossing of the bottom on either
side of the river at all times safe, easy and permanent,
they may establish toll-gates thereon, and take such tolls from
persons passing, and from all teams, carriages and stock
passing thereon, as the county court of Schuyler county
shall from time to time rate equal to tolls charged on other
roads of like character in this state, in proportion to the
cost of the investment on such roads respectively.
§ 5. When said corporation shall have constructed said
road safe for passage across the overflowed lands of said
river, on either side thereof, they are authorized to extend
their capital, as in the second section mentioned, and ex-
tend their plank road west to Rushville, and east to Virgin-
ia; and in the construction of said roads, or either of them,
shall or may use for said purposes the state road between
said points, and shall have the right of way over all lands
on which said road shall be located, and shall be liable to
the owner or owners thereof for any damages that may be
sustained to private property by reason of the location of
and opening said roads ; which damages shall be assessed
in the same manner that damages are now assessed in sim-
ilar cases. In the event of said company constructing
said plank road from the river to Rushville, within three
years, they then shall be authorized to extend said road
from Rushville to Macomb, and increase their capital stock
to the full sum of fifty thousand dollars.
§ 6. Whenever the said corporation shall manifestly
fail or neglect to comply with the provisions of this act, a
reasonable allowance being made for high water and scar-
city of labor, the circuit court of Schuyler county, on a
full investigation of the facts and evidence adduced, and in
view of the justice of the case, may declare this charter
null and void.
§ 8. If any person or persons shall wilfully do or cause
to be done any act or acts whatever, whereby any boat,
bridge, embankment, road, gate, building, construction, or
work of said corporation shall be obstructed, impaired,
weakened, injured or destroyed, the person or persons so
offending shall, on conviction thereof, forfeit and pay to said
corporation treble the amount of damages sustained by
means of such injury, to be recovered, in the name of said
corporation, in any court of this state having jurisdiction,
with costs of suit. And nothing herein, in consequence of
273 1851.
a recovery therefor, sliall be a bar to tlie punishment of tlie
offenders under the criminal laws of said state.
§ 8. This act is declared to be a public act, and is to
be construed liberally to promote and carry out the objects
herein intended.
Approved Feb. 17, 1851. . ,
AX ACT for tlic relief of the American Bottom Plank Road Company. i^ force Febru-
ary 17, 1851.
Section 1. Be it enacted hj/ the people of the State of
Illinois, represented in the General ^.issembly , That the
county court of Madison county, Illinois, is hereby authori- ^°l'*-
zed to allow the American Bottom Plank Road company to
charge, receive and collect tolls, in accordance with the
provisions of an act entitled '-An act to provide for the con-
struction of plank roads by a general law," ajiproved Feb-
rurar)- 12, 1849, as to the rate per mile, upon such parts
and portions of the road leading from Venice, in Madison
county, to Henry Peters' as may have oeen completed and
put in travelling order, without regard to the distance or
length of such finished parts.
§ 2. The said company shall have the power to sue gy^^s t,-, p^iiept
for and recover, in any court having jurisdiction of the subscriitions.
same, any sura or sums of money, or instalments thereof,
which may be subscribed as stock in said road or any of its
branches, in addition to the penalties provided by law, upon
giving such notice of the intention of the company to re-
quire payment of the instalments as the said company may
prescribe.
§ 3. The said company shall have an extension of time Extension of
within which to complete said road and branches, one to time.
the tov/n of Edwardsville, and the other to the town of
Tro}', in Madison count}^, Illinois, of seven years from the
date of this act.
§ 4. The said county court and said company shall have county road.
the power to make any arrangement they shall think prop-
er, resjiecting the time and manner in which said company
shall put in traveling condition the county road which siiall
become necessary, by reason of the occupation by the com-
pany of the road previously used as a county or state road.
§ 5. The said county court is hereby authorized to va- Vacation of
cate any portion of the road now or formerly used as shall ^^"•'^ authonz-
become unserviceable by reason of tlie change of the loca-
tion of said road, growing out of the change of the location
of said plank road, without any petition or other proceed-
ing therefor.
Approved Feb. 17, 1851. ... , .,
1851. 274 '
aforce Febru- AN ACT to vacate parts of certain streets in the town of Joliet.
ry 17, 1851.
Section 1. Be it enacted by the -peojyle of the State of
Illinois, represented in the General Jissemhly, That so
Vacation. much of Allen street and Des Plaines street as pass over or
lie upon a certain mound, occupying the adjacent corners
of blocks thirty-nine (39,) forty (40,) forty-three (43) and
forty-four (44) in school section addition to the town of
Joliet, from the foot of said mound, on each side, together
with so much of School street as lies between blocks fifty-
six (56) and fifty-seven (57,) in said school section addi-
tion to Joliet, be and the same are hereby vacated; and the
parts of said streets vacated shall belong to and the title of
them is hereby vested in the owners of the adjoining lots.
This act to take effect and be in force from and after
its passage.
Approved Feb. 17, .1851.
In force Feb 17 -^^ ^^'^ supplemental to an act entitled "An act to incorporate the Illinois and
\<^-^\, ' ' "Wisconsin Railroad Company."
Section 1. Be it enacted by the people of the State of
Jllinois, represented in the General t^ssembly, That as
Loan. soon as the said Illinois and Wisconsin Railroad company
shall have organized and subscribed one thousand dollars
per mile of said railroad intended to be constructed in this
state, that then said company shall be allowed to borrow
money at a rate of interest not exceeding ten per cent, per
annum.
§ 2. That said company shall have power to run said
road from Algonquin, in McHenry county, to the state line,
on the most eligible route, without reference to intermedi-
ate points on the line of said road as described in said act
to which this is an amendment.
§ 3. Tills act to be in force from and after its passage.
Approved Feb'y 17, 1851.
In force Fcb.l7 ^^ -'^CT to incorporate the Cook County Marine Dry Dock Company.
1851.
Section 1. Be it enacted by the people of the State of
Illinois, represented in the General Assembly, That David
Corporation. Brown, George S. Bell, Jacob A. Westervelt, Peter Brooks,
and Hezron A. Johnson, and all such persons as shall here-
after become associated with them, are hereby created a
275 1851.
corporation, by the name of tlie "Cook County Marine Dry style.
Dock company," wilii power to construct and use a basin
of sufficient length, width and depth to conveniently receive, Objects.
hold and accommodate, repair and discliarge the largest
class of vessels and steamboats employed in the navigation
of Lake Miciiigan, with a floating dock, for the purpose of
repairing vessels, and with proper entrances for the more
convenient use and greater security of the said basin and
dock.
§ 2. The said floating dock shall be of sufficient ca- capacity of
pacity to dock with ease and convenience said largest class dock.
of vessels and steamboats, and shall possess a lifting pow-
er of at least three thousand tons. The entrances to said
basin shall be secured by guard locks of sufficient strength
to protect the said basin and all property deposited there-
in from overflows and from injury by floods.
^ 3. The said corporation is hereby authorized ^nd em- Location.
powered to locate, construct, complete, alter, maintain and
operate the said basin, with the said ])roper entrances and
guard locks, and tiie said floating dock, as hereinbefore de-
scribed, at a convenient point, to be by them selected and
surveyed, in the county ot Cook, at or near the city of Chi-
cago, and on or near Lake Michigan; and for that purpose
may take and hold such real and personal estate, not ex- Property.
ceeding in value the sum of five hundred thousand dollars,
as may be necessary and proper to carry into full effect the
object of this act.
§ 4. The capital stock of said corporation shall be five Capital stock.
hundred thousand dollars, divided into shares of one hun-
dred dollars each ; and the same shall not commence its
operation until two hundred and fifty thousand dollars of the
stock aforesaid sliall have been subscribed, and forty per
cent, on said stock so subscribed shall have been actually
paid in, to and for the use of the said corporation.
§ 5. All the corporate powers of said company shall Directors.
be vested in and exercised by a board of not less than five
directors, and such officers and agents as they shall appoint.
Said directors shall be chosen annually, on the first Monday Election.
in June, by vote of the stockholders, each share having one
vote, to be given in person or by proxy, and shall continue
in office until their successors are chosen and qualified.
§ 6. Tlie work hereby autliorized shall be commenced Comm en cement
within six months of the passage of this act, and comple-
ted within two years after such commencement.
Approved Feb. 17, 1851.
1851. 276
In force Februa/- AN ACT supplemental to an act entitled "An act to incorporate the Illinois Central
ry 17, 1S51. Railroad Compan}'."
Section 1. Be it enacted hy the people of the State of
» Illinois, rejiresented in the General Assernhly, Whenever
Right to cross the route of any railroad, now chartered, or hereafter to be
road!^^ '"'^*^" chartered in this state, shall intersect or cross the route of
the Illinois Central railroad, or either of its branches, the
said company, so intersecting or crossing the Ce-ntral rail-
road, shall have full power and authority to construct their
said road across the route of the said Central railroad, upon
the same terms, conditions and restrictions as are prescribed
by the eleventh section of the act entitled " An act to incor-
p . porate the Illinois Central railroad company :" Provided,
that the said Central railroad company shall not be permit-
Towns, ted, directly or indirectly, to lay out any town on or near
the line of their said road in the interior of this state.
§ 2. This act to be in force from and after its passage.
Approved Feb. 17, 1851.
In forceFeb.lT, AN ACT to refund money to Adam Johnson and Wm. McGirr.
1S51.
Section 1. Be it enacted hy the jieople of the State of
Illinois, represented in the General ^^ssembly, That the
Atrthoritj of ca- state trustee of the Illinois and Michigan canal be and he
nai trustee, jg hereby authorized to pay over such amount of canal scrip
as was paid by Adam Johnson and Wm. McGirr into the
canal fund, the first upon the east half of the south-west
quarter of section number seventeen, in township thirty-
three north, of range nine west of the third principal meri-
dian; the second upon the west half of the same quarter
- section as above. The said Johnson and McGirr having
received certificates and paid for land where they lived,
as they supposed, and having paid taxes upon the same for
a number of years, they found that the land they held by the
certificates was situated twelve miles south of the land they
jived upon: said Johnson and McGirr never having seen
said lands.
Surrender of re- § 2. Whenever Adam Johnson and Wm. McGirr sur-
ceipt. render a full receipt for the above named amount so paid
they shall be entitled to receive from the state trustee, as
above, the full amount, with interest, that they had paid up-
on said land.
§ 3. This to take effect from and after its passage.
Approved Feb. 17,1851.
277 1851.
AN ACT to cliango the namo of tho town of Harrison. " In force Febru-
ary 17, lS5i.
Section 1. Be it enacted hij the people of the State of
Illinois^ represented in the General %/issemhly^ Tliat the
name of the town of Harrison, in the county of Stephenson, ^'^'^^ ohangtxl.
be and the same is lif-reby changed to Cedarville.
Approved Feb. 17, 1851.
AN ACT to vacate a street iu the town of Jolict. In force Febru-
ajy 17, ISol.
Section 1. Be it enacted hy the people of the State of
Illinois, repjrcsenfedinthe General ^issemhly, Tliat so much
of Michigan street, lying east of blocks thirteen and twelve, ^'''^'^*^'' ^^i^*^'*^-
in east Joliet, extending nortli to Webster street and south
to Clinton street, be and the same is hereby vacated.
Approved Feb. 17, 1851.
AN ACT to incorporate the trustees of the Wesleyan Seminary of Peoria. I" forc''^ Febrn-
^ •' ■' aryl7, 1S51.
Section 1. Be it enacted by the peop)le of the State of
Illinois, represented in the General t/issemhly, That Charles
Kettelle, David Markley, J. W. Stagde'U, J. E. Parks, '^^^i^^'^''"^"-
Thomas J. Pickett, James Boyce, Milton Bourne, George C.
Bestor, James Furguson, William L. Robinson, Washing-
ton Cockle, John Farsnacht, Reuben H. Moffit, Enoch P.
Sloanc, Schuyler Scrivner, Mathew McReynolds, Joseph
C. Fryc, Norman II. Purple, John Chandler, Edwin M.
Colbuni, Francis Mills, Richard L. Hanniman, Joshua P.
Hotchkiss and William Hale, and their successors in office,
be and they are hereby constituted a body corporate and
politic, under the name and style of the "Trustees of the Style.
Wesleyan Seminary of Peoria," and as such shall have per-
petual succession, and may sue and be sued, in their corpo-
rate name aforesaid.
§ 2. That the trustees, and their successors in office. Powers,
shall have and possess all the powers, rights and privileges
conferred by chapter 25, division ^, of the Revised Statutes
of this state, upon such persons as sliall associate them-
selves together for the purpose of forming an academy or
seminary of learning, and shall, moreover, be authorized to
purchase and hold, in their corporate capacity, real estate,
not exceeding one hundred and sixty acres of land, and
other property, not exceeding in value fifty thousand dol-
1851.
278
Powers of trus-
tees.
Term of office.
Pr^ident.
Bastrictioa.
QuOTum.
Locatios.
Bxemption.
lars ; and also to receive and hold, in their capacity afore-
said, all such bequests, devises, donations and endowments,
as from time to time may be made, given, bequeathed, de-
vised or donated, for the use and benefit of the said seminary.
§ 3. That the trustees shall have power to make all
needful rules, regulations and by-laws for the government
of the said institution, not inconsistent with the laws and
constitution of this state ; and shall also have power, in
conjunction with a visiting committee, of persons, to
be appointed by the Methodist Conference in which the
said seminary may at any time be included, (the presiding
elder of the Peoria district, the stationed preacher in the
city of Peoria, to constitute a portion of said visiting com-
mittee,) at their annual meeting, to elect a board of instruc-
tion to fill vacancies in said board.
§ 4. The first six trustees above named shall continue
in office one year ; the second six, for two years ; the third
six, for three years ; and the fourth six, for four years, from
the date of the approval of this act; and at the expiration
of the first year, as aforesaid, six trustees shall be appoint-
ed, and thereafter six trustees shall annually be appointed, in
manner following, that is to say : the trustees aforesaid, in
office at the time of any election or appointment, shall nomi-
nate to the Methodist Episcopal Conference in wliich said
seminary may be situated, the trustees whose terms of of-
fice are about to expire or may have expired, and the said
conference may confirm or reject such nomination; and iii
case of rejection additional nominations shall be made un-
til the whole number of vacancies shall be filled.
§ 5. The president of said seminary shall, at all times,
be a member of some one of the conferences of the Metho-
dist Episcopal Church.
§ 6. That the trustees or corporation aforesaid shall
have no power to sell the property, real or personal, of said
corporation, except for the payment of debts and upon the
recomendation of the conference within the limits of which
the same shall be situated.
§ 7. That any twelve members of the joint board, as
mentioned and described in section three of this act, shall
constitute a quorum for the transaction of such business
as it contemplated in said section of this act, and that any
six members of the board of trustees shall constitute a quo-
rum for the transaction of all other necessary business.
§ 8. That the said seminary shall be located in the city
or town of Peoria, Peoria county, Illinois, upon such ground
as the trustees above named shall select; and all the real
and personal estate belonging to or to belong to said cor-
poration shall be exempt from taxation for any and all pur-
poses whatever.
Approved Feb. 17, 1851.
279 1851.
AN ACT to provide for the instruction of tlio Pooria and Pekin branch of the Alton In force Fobru-
and Sangamon Railroad. ory 17, 1851.
Section 1. Be it enacted by tlie people of the State of
Illinois, represented in the General Jlssenibhj, That the
Alton and Sangamon Railroad company, incorporated by Branch.
an act entitled "An act to construct a railroad trom Alton,
in Madison county, to Springfield, in Sangamon county,"
approved February 27th, 1847, be and are hereby authori-
zed to lay out and construct a branch of their said railroad,
from the most eligible point in the extension of said Alton
and Sangamon railroad from Springfield to Bloomington,
through Pekin, in Tazewell county, to Peoria, in Peoria
county, and for the purposes of such extension said Alton
and Sangamon Railroad company shall be and are hereby
declared to possess all the powers and be subject to all the
restrictions contained in their original act of incorporation
and the acts amendatory of the same.
§ 2. The said Alton and Sangamon Railroad company, increase of «ap-
for the purposs of carrying into effect the provisions of the itai st<>ck.
foregoing section, shall have the power to increase their
capital stock, not exceeding five hundred thousand dollars;
also, to increase the number of tiieir directors, not exceed-
ing four, in addition to those already provided for.
§ 3. Previous to the commencement of the construction Additional di-
of said branch, there shall be elected two additional direc- '■'^t^ra.
tors, one of whom shall be a citizen of Pekin, in Tazewell
county, and one of whom shall be a citizen of Peoria, in
Peoria county.
§ 4. Unless said branch shall be commenced within two commenTOm«iit
years and completed witliin four years from the passage of andcompi^t'n.
this act, or in case the Alton and Sangamon Railroad com-
pany fail to commence and complete the construction of the
extension of their railroad from Springfield to Bloomington
within three years, the powers conferred by this act shall Forfeiture.
become forfeited.
Approved February 17, 1851.
AN ACT to incorporate the Whitehall Male and Female Academy and Orphan Insli- In foive Febru-
tute. ary 17, 1S51.
Section 1. Be it enacted hy the people of the State of
Illinois, represented in the General Jissemhly, That the
Whitehall Male and Female Academy and Orphan Institute incorjwntflon.
is hereby incorporated, with power to purchase, sell and
convey real estate, in the name of the president and trus- R^ai e^atc.
tees of said academy.
1851.
280
Trustees.
Oifch.
Preisiijent.
Officers.
Vacanciea.
Loans.
Exemption
from taxes.
§ 2. That Timothy Ladd, Anthony Potts, A, S. Seeley,
Wilson J. Drish, John Austin, L. E. Worcester, Rescarick
Ayres and M. W. Delahay, are hereby created trustees on
behalf and for said academy, to have perpetual succession.
§ 3. The trustees mentioned in section second shall, on
the first day of April next, enter upon the duties of their
said office, after first taking an oath to faithfully and im-
partially discharge their duty, which oath shall be recorded
in a book and preserved by the said trustees ; that said
trustees shall, when qualified, proceed to elect, by ballot, a
president of said board from among said trustees, who shall
hold his office of president for twelve months, and be sub-
ject to a re-election by said board on the first Monday of
April annually.
§ 4. That said trustees shall have power to nominate
and elect one secretary and one general agent for said in-
stitution, and shall fix the compensation of said general
agent. Said trustees sliall have full power to employ teach-
ers, prescribe text books, and to make such internal rules
and regulations, for the government and control of the pu-
pils and teachers of said academy, as they may deem best
for the good order and prosperity of said academy.
§ 5. That should the trustees aforesaid, or any one of
them, die, resign or refuse to discharge the duties of his or
their office, then and in that case the said trustees, or a
majority of said board, shall elect and fill such vacancy or
vacancies by ballot as aforesaid ; that a majority of saiJ
board shall constitute a quorum for the transaction of all
business pertaining to the duties of said board.
§ 6. The president and trustees shall use a common
seal, and they are hereby afithorized to borrow money and
mortgage the real estate belonging or that may hereafter
belong to said academy, for purposes of completing or im
proving said academy.
§ 7. That the president and trustees aforesaid shall have
power, in their corporate name, to sue and be sued, plead
and be impleaded, answer and be answered unto, in con-
formity with the laws of this state.
§ 8. That all property, of whatsoever kind and descrip-
tion, belonging or pertaining to said academy, shall be and
forever remain free and exempt from all taxes and assess-
ment for state and county purposes.
Approved Feb. 17, 1851.
281 1851.
A^ ACT to establish a private comotery for tho uso of the hoirs of Eilly Ames' do- lu force Fobru-
ccased. ary 17, 1S51.
Section 1. Be it enacted by the jieople of the State of
Illinoh, rc])reseiited in th.e Geuc7'al ^^hscmbly, That the
following described piece of land, to wit: beginning at the ^®'"°^®'7-
north-west corner of the west half of the north-east quar-
fer of section numbered thirty-four, in township No. forty-
four north, of range No. four east of the third principal me-
ridian, running south seven rods, thence east four rods,
thence nortii seven rods, and thence west to the place of
beginning, be and the same is hereby set apart as a private
cemetery, for the use of the heirs of Billy Ames, deceased.
§ 2. This act shall be deemed a public act from and af-
ter its passage.
The land aforesaid to be exempt from taxes, while the Exemption.
same shall be used for the purposes aforesaid.
Approved Feb. 17, 1851.
AN ACT to incorporate the Franklin Marine and Fire Insurance Company. jn force Febru-
ary 17; 1851.
Section 1. Be it enacted hy the people of the State of
lllinoi?;^ represented in the General t/^ssembly, That Cyrus
Edwards, Joshua G. Lamb, Simeon Ryder, Sebastian Wise, Corporation.
Natiianiel Hanson, Arby Nelson, Thomas G. Hawley, Sam-
uel A. Buckmaster, Henry W. Billings, Orlean M. Adams,
John W. Schweppe and Timothy Souther, and their asso-
ciates and successors, are hereby declared a body corpo-
rate and politic, by the name of the " Franklin Marine and ptj-ie.
Fire Insurance company," to be establisiied. in the city of
Alton, county of Madison, and state of Illinois ; to have
continuance for and during the term of fifty years from and Duration,
after the passage of this act, for the purpose of making mari-
time loans and insuring against maritime losses and losses by Oiyecta.
fij-e; with power to sue and be sued; plead and be implead-
ed ; to have and use a common seal, which they may alter
or revoke at })leasure; and to make and alter, from time to
time, such by-laws, not inconsistent with law or the pro-
visions of this act, as they may deem necessary for the gov-
ernment of said corporation ; and shall have power to pur-
chase, hold and convey any estate, real or personal, for the
use of said company : Provided, that said corporation shall Proviw.
not, at any one time hold real estate, exceeding the value of
five thousand dollars, except such as may be taken for debt
Or held as collateral security for money due the said com-
pany : Providedj that said real estate taken as aforesaid Further prorfeo.
1851. 282
shall be offered at public sale, to the highest bidder, once
in five years.
Capital stock. ^ 2. The capital stock of said corporation shall be fifty-
thousand dollars,' exclusive of premium notes and profits
arising from business, and shall be divided into shares of
one hundred dollars each. Tiie said corporation, as soon as
the capital is subscribed and twenty per centum paid in
and the remainder secured by note based upon bond and
mortgage of improved productive real estate, not exceed-
ing two-thirds its value, or by deed of trust of real estate,
in the city of Alton, county of Madison, or by government
or state stock, at the discretion of the corporation or di-
rectors, which said real estate, or any part thereof, shall be
sold on thirty days' notice being given, on default of the
payment of the said notes, or any portion thereof, that may
from time to time be called in, may commence and carry
on their business.
§ 3. The corporation shall have power to increase the
"it^stockr^' capital stock, at any time hereafter, to an amount not ex-
ceeding two hundred thousand dollars, in the same manner
as above. Should a majority of the stockholders deem it
advisable, and the instalments be called in, as the directors
may require, in a notice for the opening the books for sub-
scription for such increased stock, by twenty days' notice
in at least one newspaper printed in the city of Alton, and
in any other place where such subscription books shall be
opened. The said stock shall be deemed personal proper-
To be deemed ty, and assignable and transferable on the books of the
r*f'°°'^^ P''*'P" corporation ; but no stockholder indebted to the corpora-
tion shall be permitted to make a transfer until such debt
be paid or secured to the satisfaction of the directors.
Subscriptious § '^' "^"^^ persons named in this act as corporators, or a
majority of them, shall be authorized to open books for the
subscription to said capital stock, on such days and at such
places as they shall deem expedient, and shall give at least
thirty days' notice of such time and places, in one or more
newspapers published at each of said places. The books
shall be kept open until the whole of the stock shall have
been taken and one dollar on each share subscribed for shall
be paid to the said corporation, at the time of making such
subscription ; and as soon as said stock shall be subscribed
tlie said corporation, or a majority of them, shall give at
least thirty days' notice of the time and place to the stock-
holders, in a newspaper printed in Alton, for a meeting of
' ■ the stockholders to elect seven directors, one of whom shall
be president, to manage and conduct the affairs and con-
cerns of the corporation, who shall hold their offices until
the day hereinafter fixed for the annual election, and until
others are chosen in their places, and no longer, and who
QuanficatiotF. shall at the time of their election be citizens of this state
283 1851.
and holders, respectively, of not less than ten shares of the
capital stock of said company. Said election shall be held
under the inspection of three stockholders, to be appointed
by the stockholders present, and shall be made by ballot,
by a plurality of the stockholders present, allowing one vote
for every share : Provided^ that no stockholder shall be al- Fronsc.
lowed more than twenty votes, and that no stockholder shall
vote unless the stock has been transferred on the books to
liira, at least twenty days before any election, and that
absent stockholders shall vote by proxy. And the votino-
powers of the members shall be determined five days be-
fore any election ; and as soon as said election has been
held and a board of directors chosen, the said corporators
shall deliver over to the said board of directors said sub-
scription books, and shall pay over to said board the whole
amount of money severally received by them.
§ 5. After the first election, as above, all elections for™,
directors for said company shall be held on the first Mon- tion^.
day in December of each and every year, at such time of
the day, and in such place in the city of xilton, as a majority
of the directors for tlie time being shall appoint; of which
election public notice shall be given by publication, for at
least tea days, in a newspaper printed in said city. And
said election shall be made as in section four above, but un-
der the inspection of the secretary of the company ; and in
case of failure to elect on that day, it shall be lawful to
choose them on any other day, in manner herein provided;
and it shall be the duty of the secretary of said company,
at any time, upon application in writing of the proprietors of
twenty per centum of the capital stock, to call a meeting of
the stockholders, to be holden at such time and place, in the
cdty of Alton, as they shall direct, for the purpose men-
tioned in such application, by giving notice thereof as is
harein required for the election of directors. '
§ 6. The directors, when chosen, shall meet as soon as q^^^^j.^
may be after every election, and shall choose out of their
own body a president, who shall be sworn or affirmed faith-
fully to discharge the duties of said office, and shall pre-
side for one year; and in case of the death, resignation or
inability to serve of the president or any director, such
vacancy may be filled for the remainder of the year in which
they happen by a special election for that purpose, to be
held in the same manner as hereinbefore directed respect-
ing annual elections of directors.
§ 7. The president and lour directors, or five directors Qmrum.
in the absence of the president, shall form a quorum to
transact businees, and all questions shall be decided by a
majority of votes. They shall have power to appoint a
secretary, and as many other officers and servants as may
to the said board seem meet, and to fix the salaries for all.
33
1851.
284
Payment of sub-
scriptions.
Authority of
cor2Xiration.
§ 8, It shall be lawful for the president and directors to
require payment of the sum subsci'ibed to the capital stock,
at such time, on such condition, and in such proportions,
as they shall deem fit, under such forfeiture as they shall
prescribe; and they shall give notice of the payment thus
required, and of the time and place when and where the
same are to be made, at least sixty days previous to the
time specified for such payment, in some newspaper in each
of tiie places where the books of the company may have
been opened for subscription of the capital stock.
§ 9. The said corporation shall have power and authori-
ty to make all kinds of insurance against fire, flood, or other
destructive elements, on vessels, freiglit, money, goods and
effects, upon the ocean, rivers, lakes and canals, in the
United States and territories; also, all kinds of insurance
upon the inland transportation of goods or property, of any
description, by land or water, and on any dwellings, houses
or other buildings, merchandise or other property, within
the United States ; and generally to do and perform all mat-
ters and things relative to such objects, and to fix the pre-
mium and terms of payment. And all policies of insurance
by them made shall be subscribed by the president, or, in
his absence, by two directors, and countersigned and sealed
by the secretary of said company, and shall be binding and
obligatory upon said company. And any losses therebj',
duly arising under any policy so subscribed and sealed, may
be adjusted and settled by the president and board of direc-
tors, and the same shall be binding on said company.
Regtriction. § 10. It sliall not be lawful for said company to deal,
directly or indirectly, in any kind of goods, wares, or mer-
chandise, whatsoever ; but it shall be lawful for the said cor-
poration, for the purpose of investing any part of their cap-
' - ital stock, funds or money therein, to purchase and hold any
• stock or funded debt whatsoever, created or to be created
■ by or under any act of the United States or any particular
state, and also to sell and transfer the same and again invest
the same, or any part thereof, in such stock or funds, when-
ever and *s often as the exigencies of the said corporation
or a due regard to the safety of its funds shall require ; and
also to make loans on bond a; d mortgage, bottomry and
respondentia, on any personal security, at the discretion of
the directors, and the same to call in and reloan on like se-
curity, as occasion may require ; and to receive money on
deposit, allow interest, and give certificates therefor : Pro-
vided, however, that nothing in this act contained shall be
construed to confer on said corporation any banking power
or privilege whatever.
§ 11. It shall be the duty of the directors of said com-
pany, at such time as the by-laws thereof prescribe, to
make dividends of so much of the interest arising from the
ProTiso.
Kridends.
285 1851.
capital stock and the profits of said company as to them
shall appear advisable ; but the money received and notes
taken for premium of risk, which siiall be undetermined and
and outstanding at the time of making such di^'idend, shall
not be considered as a part of the profit of said company;
and all dividend, at the option of the directors, shall be ap-
plied, respectively, on the stock notes, until they are extin-
guished and fully paid.
§ 12. It shall be the duty of the president and secre- statement,
tary, at least thirty days previous to the annual election of
directors, to prepare and insert in a book, to be provided
for that purpose, a full and true statement of the funds, pro-
perty and securities of said corporation, showing the amount
on real estate in bonds and mortgages, in bottomry and re-
spondentia, in notes and other securities, in public debt, in
other stock, and the amount of debts due to and from the
said corporation ; which statement sliall be certified by the
president and secretai'y, and shall be opened to the inspec-
tion of any stockholder of said corporation, during the usual
hours of business, in the office tiiereof, until the day of
election. ,
§ 13. It shall not be lawful for the said corporation to Restriction.
commence business under this act until the president and
secretary of said corporation shall have made a deposition
in writing, and filed the same in the office of tlie clerk of
the county court of Madison county, that the capital stock
of said company has been paid in or secured according to
the provisions of this act.
§ 14. The president and directors of said company pQ^jjo^tion. '
shall, previous to the subscribing to any policy, and once in
every year, publish in one newspaper printed in Alton, the
amount of their capital stock, against what risks they mean
to insure, and the largest sum tliey mean to take in any
risk.
§ 15. The president and directors of said company Report to legis-
sliall, when and as often as requested by the legislature of i**'"'^-
the state, lay before them a statement of the affairs of said
company, and submit to an examination concerning the
same, under oath.
§ 16. This act is hereby declared a public act, and shall Construction '^f
take effect from and after its passage, and shall be liberally ^^ ^
construed for every purpose herein contained.
Approved Feb. 17, 1851.
1851.
286
In force Febru-
ary 17, 1851.
CommiBsioners.
AN ACT to incorporate the Wood River Coal Mining Company.
Section 1. Beit enacted by the people of the State of
Illinois, represented ill the General Assembly. 'Y\\'aX Charles
B. Sawyer, Walter Bryent, Stephen M. Allen, James Tol-
man, and Tliomas Page, and such other persons as may as-
sociate with them for the purposes specified in this act, be
and they are hereby constituted a body corporate, by the
name of the "Wood River Coal Mining company," for the
purpose of mining and transporting stone coal, in the coun-
ty of Madison, in this state, to the Mississippi river; and
by that name they and their successors shall have succes-
sion, and shall in law be capable of suing and being sued,
plead and be impleaded, in all courts and places whatsoever;
may have a common seal, and alter the same at pleasure;
may purchase and hold real estate, for the uses and purpo-
ses of said incorporation, and sell and convey the same at
pleasure: Provided, that said corporation shall not hold at
any time more than twelve hundred acres of land.
§ 2. The said company shall have power to lay out and
construct, upon the most suitable route, from their coal
mines, in Madison county, in this state, a plank or railroad
at a point not more than one mile from the mouth of Wood
river to the Mississippi river, and for that purpose may take
and cause to be condemned, for the use of such plank or
railroad, a strip of land, not exceeding one hundred feet in
width, the whole length of the said plank or railroad: Pro-
vided, that the said company shall make compensation for
the land taken or required for said plank or railroad, to the
owners of such land, in the manner now provided by law for
the opening or widening roads in this state; and the said
corporation shall have power to erect one or more foundries
for manufacturing purposes.
§ 3. The capital stock of said company shall be fifty
thousand dollars ($50,000,) in shares of one hundred dol-
lars (•$ 100) each, to be subscribed lor in the manner pro-
vided by this act; which capital may be increased to two
hundred thousand dollars ($200,000,) at the pleasure of
said company; and as soon as one half of the capital stock
of said company is subscribed, the stockholders of said com-
pany may choose directors and transact and conduct the
business for which this incorporation is granted.
§ 4. Three commissioners, to wit: Charles B. Sawyer,
George T. Brown, and Lansing S. Wells, or a majority of
them, are hereby authorized to open books of subscription
to the stock of said company; and before the books are
opened they shall give thirty days' notice, in some news-
paper printed in Madison county, of the time and place
that said subscriptions will be opened, and they shcdl be
kept open one day.
287 1851.
§ 5. As soon as one half of the capital stock of said Director?.
company is subscribed, the stockholders may elect five (5)
directors, to manage and transact the business and affairs
of said company ; and at such election eacli stockholder
shall be entitled to one vote for each share of stock held
by him or her : Provided^ that the commissioners, or a ma- proviso.
jority of them, named in this act, shall first give thirty
days' notice, in some newspaper printed in Madison county,
of t}ie time and place of holding such election.
§ 6. The directors of said company, elected in pursu- p^^^^ ol ^^^^.
ance of tliis act, shall have power and authority to make tors.
aJl needful rules, regulations and by-laws for the manage-
ment and control of the business contemplated by this act,
and also for the purpose of carrying into effect all the
powers and privileges granted to said company by this act :
Provided,, such rules, regulations and by-laws are not in- Proviso,
consistent with the constitution or laws of this state.
§ 7. Nothing herein contained shall authorize said com- Reatricti
pany to require of any railroad company now incorporated
any compensation for damages done by crossing the track
of the road to be constructed under provisions of this act.
§ 8. This act to take effect from and after its passage.
j:iivROVED February 17, 1851.
tion.
Ai? ACT to vacate'ccrtain town lots in tlia Jtown of Piinceton, Bureau county. In force Februa-
ry 17, 1861.
Section 1. Be it enacted hy the people of the State of
Illinois, represented in the General Assembly, That lots
numbered one, twenty-three, twenty-four, twenty-five and ^'°'^'^**^^^^-
twenty-six, and the east half of lots ninety-three, ninety-
four, ninety-five and ninety-six; also the north-east quarter
and the south-west quarter of lot ninety-seven, in the ori-
ginal plat of the town of Princeton; also lots number two,
liiree, four and six, in Mercci's addition to the town of
Princeton, all of said lots and parts of lots lying and being
in said town of Princeton, in Bureau county, be and tlie
same are hereby vacated.
This act to take effect from and after its passage.
Approved February 17, 1851.
1851.
288
In force Febru- AN ACT to incorporato the German General Beneficial Association of the city and
ary 17,1851. vicinity of Quincy.
C!orporatuHi .
Styie.
General powers
Property.
Contracts.
Appropriation
of personal
property.
Section 1. Be it enacted by the jjeople of the State of
Illinois, represented in the General Assembly, That Wil-
liam N. Ott, Francis Roth, Blasins Miller, Theodore Ter-
wiesche, Gottfry Schmith and Robert Voeth, their associ-
ates and successors, be declared and constituted a body
corporate and politic, by the name of the "German Gener-
al Beneficial Association of the city and vicinity of Quincy,
Adams county, Illinois," and by that name they and their
successors shall and may have succession, and in such cor-
porate name shall be capable in law of contracting and be-
ing contracted with, suing and sued, pleading and being
impleaded, answering and being answered, defending and
being defended, in all courts and places of justice whatso-
ever, in all manner of actions, suits, complaints, matters
and causes whatsoever, and have a common seal and alter
or change the same at pleasure; and they and their succes-
sors shall be capable of purchasing, holding and improving
any estate, real or personal, not exceeding the value of
twenty thousand dollars, for the use of and for the objects
contemplated by said society.
§ 2. All contracts which may be made or entered into
by said association shall be subscribed by the president,
treasurer and secretary thereof, who shall be deemed and
considered as the agents of said association for that purpose,
which contract, when authorized by the president and stand-
ini^ committee of said association, shall be good and binding
m law upon said society, and not otherwise ; and to the end
that said authority shall more effectually appear, the said
president and standing committee shall keep a separate
record of their doings in relation to all contracts made and
entered into ; which record shall be deemed and taken as evi-
dence in all courts and places of justice of such authority.
§ 3. The personal effects belonging to said association
shall not be appropriated otherwise than to the improve-
ment of the real estate hereby authorized to be held, and
to such benevolent purposes as shall be contemplated by its
constitution; which appropriations shall be made under the
direction of the president and standing committee of said
society.
Approved Feb. 17, 1851.
289 1851.
AN ACT to amend an act entitled "An act to estaWish a ferry at Chaster, in the In force Fehni-
k . county of Randolph, on the Mississippi river. aryl7, 1S51.
Section 1. Be it enacted hrj the jieople of the State oj
Illuiois, represented in tlie General Assembly^ That the
act approved the seventeenth day of January, one thousand Amendment,
eight liundred and forty-nine, entitled " An act to establish
a terry at Chester, in the county of Randolpli, on the ]\Iis-
sissippi river," shall be and the same is hereby so amended
as to authorize the owner or owners of said ferry to keep, in
lieu of a steam ferry-boat, a good and sufficient ferry Hat or
horse ferry-boat, for nine months in the year, namely — from
the first day of December to the first day of September :
Provided^ that they shall agree to the establishment of a^''"*'^'*'-
ferry, by county or state authority, from the town of Me-
nard, ])(Iow Chester, on the Mississippi river, to tiie Mis-
souri shore, opposite said town, and file a copy thereof with
the clerk of the Randolph county court, which sliali be ev-
idence of such agreement in all courts whatever.
§ -2. If the owner or owners of said ferry shall keep Cuats.
and have in readiness, at all reasonable times, between the
first day of December and the first day of September, a
substantial ferry flat or horse ferry-boat, conducted by
skillful and carelul persons, so as to ensure a safe and speedy
passage at said ferry for all persons and their property, and
shall keep, as heretofore, a good, substantial steam ferry-
boat, for tlie other three months in the year, namely — from
the first day of September to the first day of December, it
shall be deemed a legal compliance with the act to which
this is an amendment.
Approved Feb. 17, 1851.
AN ACT t.. exempt Walnut Hill Cemetery from taxation and execution. !„ force Fehra-
ary 17, 1S61.
Section 1. Be it enacted hy the j)eopIe of the State of
Illinois, represented in the General Assembly, Tliat all
lots in Walnut Hill Cemetery, in St. Clair county, shall for- Exemption.
ever be exempt from all taxes, and shall not be subject to
execution or attachment.
§ 2. That no other cemetery within tt-'U miles of said Exch.siveprivi-
Walnut Hill Cemetery shall be so exempt as provided for '°'-'"
in the first section of this act.
Approved Feb. 17, 1851.
Release.
1851. 290
In force Febru- AN ACT for the relief of E. B. Rose and others,
ary 17, 1851.
Section 1. Be it enacted by the people of the State of
Illinois, represented in the General ^ssernbly. That the
principal and securities on the bond of Ethel B. Rose to tliis
state, executed on the receipt of certain public arms for
the use of an independent company of riflemen commanded
by said Rose, be released and discharged from the same,
said arms having been withdrawn from said company by the
volunteers under command of Maj. Warren, while on duty
in Hancock county, by order of the governor, in the year
A. D. one thousand eight hundred and forty-five.
Fessivation. § ^v Nothing in this act shall have eftect to discharge
said principal and securities from their liability on said
bond whenever it shall be made to appear that any of said
arms were lost, injured or destroyed by the voluntary or
intentional act of said officers, or any members of the com-
pany to whom they were delivered.
Approved February 17, 1851.
In force Feb. 17, AN ACT to establish a toll-bridge across the Little Wabash river, at the town of New
1851. Massillou, in Wayne county, Illinois.
Section 1. Be it enacted by the people of the state of
Illinois, represented in the General Jissembly, That Wiley
ToU-brldge. Webb be and he is hereby allowed to establish and keep a
toll-bridge across the Little Wabash river, at the town of
New Massillon, in the county of Wayne, Illinois, with such
Tolls. charges or rates of toll as may be allowed by the county
Proviso court within and for said county : Provided, that nothing
herein contained shall be so construed as to extend the right
of keeping said toll-bridge more than ten years.
Oonipietiou of § ^- ^'^^ ^^^ ^^^^ Wiley Webb may and he is hereby
bridge. authorized to complete and protect the bridge at the place
aforesaid constructed by him during the year one thousand
eight hundred and fifty, and use and keep the same as such
toil-bridge under the rules and regulations of the county
court aforesaid.
§ .3. This act shall take eflfect from and after its passage.
Approved February 17, 1851.
291 1851.
AX ACT to incorporate tho Clarion Cemetery Association. In furce Febnia-
ryl7,lS61.
Section 1. Be it enacted by the people of the Stale of
Itliiiois. represented in the General ,/JsscmhliJ, That James*
-r. A TTT.ii. i nT-ii 1 TTTMi. i-( 1 ,1 • Corporation.
P. Ames, William A. Miller and William Crass, and their
associates, in the town of Clarion, in the county of Bureau,
and their successors, be and they are hereby constituted a
body corporate and politic, by the name and style of the
" Clarion Cemetery Association," and by that name have Stylo.
perpetual succession, and shall have, possess and Ije inves- Pov^eTs.
ted with all powers, rights, privileges, liabilities and immu-
nities incident to a corporate body.
§ 2. Said association shall have ;:uwer to own and pos-
sess real estate not exceedin<^ ten acres, which shall be ex-
empted from taxation.
§ 3. The object of said association shall be exclusively Object.
and solely to lay out, enclose and ornament a plat or ])iece
of ground, not exceeding ten acres as aforesaid, to be used
as a burial place for the dead.
§ 4. Said association shall have power to lay out the
burial place into lots of suitable size for family burial de-
partments, and sell the same, the purchasers of which shall
use the said lot or lots as herein contemplated, and for no
oilier purj)ose whatever.
§ 5. The proceeds arising from such sale, after deduct- Application t»f
ing all the expenses of purchasing and laying out lots, shall "
be appropriated and used in improving and ornamenting the
burial ground, or in other objects connected with this in-
corporation.
§ 6. The officers of this association shall be a president, Officers.
a treasurer, who shall also act as secretary, a superintend-
ent, and two directors, wlio shall be chosen annually by Elections.
ballot, and shall hold their olfice until their successors are
chosen ; any neglect to choose otlicers on the day fixed up-
on by said officers, shall not operate as a forfeiture of this
act of incorporation.
§ 7. Every person holding one or more lots shall "'G a
member, and entitled to one vote only; absent members shall
have power to vote by proxy.
§ 8. Tlie rights of property to any lot or lots which may
be purchased, shall be vested by a certificate of stock, sign-
ed by the president, and countersigned by the superintend-
ent, and shall be recorded in a book to be kept by the sec-
retary for that purpose ; and every transfer or assignment
of such secretary, and cancelled or otherwise destroyed and
a new one issued to such transferee or assignee.*
§ 9. It shall be the duty of the secretary, on the order Meetings.
of the president or any two directors, to call a meeting of
the members for the choice of officers, or for the transac-
*<rbe last clauBC of this sentence was thus obscure in the enrolled law. — Pr.
1851. 292
tion of any other kind of business which this act authorizes,
by giving five days' public notice,
liy-iaws. § 1^- The said corporation shall have power to estab-
lish and change by-laws and prescribe rules and regulations
for their government and the direction of their officers, pre-
scribe their duties, and the management of its property and
affairs.
Personal liabii- §11. The private property of the stockholders shall
''^" be liable for all debts created by said corporation.
This act to be in force from and after its passage.
Approved Feb. 17, 1851.
In force Febrc- AN ACT to change the names of certain persons therein named,
ary 17, 1851.
{Section 1. Be it enacted by the jjeuple of the State of
Illinois, represented in the General Assembly, That tire
Name changed, name of Elizabeth M. Welters, of Du Page county, state
of Illinois, be and the same is hereby changed to that of
Elizabeth M. Grose, and that from and after the passage
of this act said person shall be known and designated by
■ ■ the name last aforesaid, and by such name shall hold, re-
tain and enjoy all the rights and privileges that she might
or could have enjoyed had her name not have been changed
as aforesaid.
„ , , S 2. Be it further enacted. That the name of Eliza-
Name changed. 5 .11 \ f -|^^• ^ ^ r^
beth Dennis be changed to that or Elizabeth Curry.
§ 3. This act to be in force from and after its passage.
Approved Feb. 17, 1851.
In force Febri> AN ACT for the relief of Andrew Miller,
ary 17, 1S51.
Section 1. Be it enacted by the peojjle of the State of
Illinois, represented in the General Jisseinbly, That the
Request to audi- g^^^(j-^Q J. ^f ^}^g state is hereby requested to draw his war-
rant in favor of Andrew Miller, late sheriff of Madison
county, Illinois, for such sum, not exceeding fifty dollars, as
may be found to be due to him whenever the certificate of
the governor of this state is produced to said auditor, show-
Paym<>nt for ing the amount due to said Miller for services rendered,
services. under the direction of the governor, in preventing the vio-
lation of an injunction issued by the judge of the second
judicial circuit to restrain the erection of certain works in
ii93 1851.
the Mississippi river, in said county of Madison, opposite the
city of St. Louis ; wliich warrant when paid shall be in full
satisfaction of said Miller's claims against this state, for
his services on that occasion.
This act to be in force from and after its passage.
ArpRovED Feb. 17, 1851.
AN ACT to incorporato the Okaw Bottom Plank Eoafl Companj-. Id force Februa-
ry 17, 1851.
Section 1. Beit enacted by the people of the State of
Illinois, represented in the General t^lssemhi';. That Benja-
min W. Thompson, James W. Berry, Georcje W. Haley, Corporation.
Akins Evans, Frederick T. Krafft, William T. Brov.-n, and
Samuel McKittrick, and their successors, be and they are
hereby constituted a body corporate and politic, to have
perpetual succession and existence, to be known as the
Okaw Bottom Plank Road company, and by tliat name and '^^^'^^•
style may contract and be contracted with, sue and be sued, Powers.
plead and be impleaded as a natural person, and shall be so
recognized in courts of law and equity, and have a com-
mon seal, alter the same at pleasure, and they shall have
power, in their corporate name for the use of said corpora-
tion, to })urchase and hold such real estate as may be ne-
cessary for the free enjoyment of all^privileges herein grant-
ed. Said company shall have all the powers and be sub-
ject to all the restrictions contained in an act entitled "An
act to provide for the construction of plank roads by gen-
eral law," in force April 13, 1849, and the acts amcndato-
ly of the same, for the purpose of constructing a plank
road from the town of Vandalia, in Fayette county, east-
wardly, over the Okaw bottom, to such point as may be
designated by said company.
§ iJ. The capital stock of said company shall not ex- Capital stwt.
ceed twenty thousand dollars; and said company are here-
by authorized to acquire right of way necessary for the con-
struction of said plank road, in accordance with the gener-
allaw concerning plank roads; also, to have and enjoy right
of way for their said road over the National road laid out
upon the line of said proposed plank road, not exceeding
tlie width of said road; and when one or more miles of said
plank road is completed said compan}' may erect gates and
receive tolls, not charging a higher rate than is provided by
the general law concerning plank roads.
§ 3. This act to take effect and be in force from and af-
ter its passage.
Approved February 17, 1851.
1851.
294
In force Febru-
ary 17, 1851.
Corporation.
Style.
Objects.
AN ACT to incorporate the Soutliern Illinois Railroad Company.
Section 1. Be it enacted hy ihe people of the State of
Illinois, represented in the General Assembly ^ That Joseph
Williamson, John Campbell, Seth Allen, James H. Jones,
Joseph B. Hohnes, John O'Neil, F. Swanwick, W. Rose-
borough, John R. Shannon, Joseph Farman, John A. Wil-
son, Andrew Borders, Arch'd McDill, Gabriel Jones, John
D. Wood, George Hoke, E. C. Coffee, Z. H. Vernor, Wm.
Phillips, G. W. Pace, John Cunningham, T. B. Lester,
Charles W. Jennings, John S. Martin^ T. Elston and D. W.
Allman, and their associates and assigns and successors,
are hereby created a body corporate and politic, under the
name and style of the "Southern Illinois Railroa!d compa-
ny," for the purpose of locating, constructing, completing
and operating a railroad, commencing at Chester, on thi3
Mississippi river, thence to Sparta, in Randolph county,
and Nashville, in Washington county, to Salerc, in Marion
county, in such manner as they shall deem most expedient,
in order to intersect with any other railroad, whenever the
said persons and their associates shall organize a company
in full compliance with the provisions of an act entitled
"An act to provide for a general system of railroad im-
provements," approved November fifth (5,) in the year of
our Lord one thousand eight hundred and forty-nine.
§ 2. This act to be in force from and after its passage.
Approved Feb. 17, 1851.
In force Febru-
ary n, 1851.
Corporation.
Ihiration.
Style.
Powers.
AN ACT to incorporate the Sbawneetown and Equality Planli Road Company.
Section 1. Be it enacted by the people of the State of
Illinois, represented in the General ^.'Issembly, That all such
persons as shall become stockholders agreeably to tlie pro-
visions of this act in the corporation hereby created, shall
be, and for the term of twenty years from and after the paSi-
sage of this act shall continue to be, a body politic and cor^
porate, under the name and style of the "Shawneetown
and Equality Plank Road company," and by that name shall
have succession for the term of twenty years, may sue and
be sued, plead and be impleaded, answer and be answered
unto, in any court of law or equity; may make and use a
common seal, alter the same at pleasure; may make by-
laws, rules and regulations for the management of their
property, regulation of their affairs, and for the transfer of
their stock, not inconsistent with the constitution and laws
of the United States or of this state.
295 1851.
§ 2. Said corporation shall have power to construct. Objects.
maintain and continue a plank road, of such width as they
may deem advisable, by the directors of said corporation,
irom the said town of Shawneetown, in Gallatin county, to
the town of Equality, in said county of Gallatin.
§ 3. The capital stock of said company may be twenty Capital stock.
thousand dollars, wiiich shall be considered peisonal prop-
erty, and divided into shares of fifty dollars each.
§ 4. That Michael K. Lawler, John D. Richeson, John Commissioners.
T. Jones, Samuel Elder, J. M. Gaston and Joseph E. Wat-
kins, or a majority cf them, shall be commissioners for re-
ceiving subscriptions to the stock of said company; when
and where and after such notice as they or a majority of
them shall agree, they may require security for the pay-
ment of subscription thereto, and partial payment thereof
from time to time, as they niay deem necessary, before the
same shall all be taken.
§ 5. The affairs of said company shall be managed by Directors.
three directors, two of wiiom shall be a quorum to do and
perform the business of said company, who shall be chosen
as soon as the sum of six thousand dollars shall be subscri-
bed of the stock of said company. Directors shall con-
tinue m office one year, and until their successors shall be
qualified. They shall be chosen by the stockholders, each
of whom may vote personally or by proxy, casting as
many votes as each may own shares of stock. Elections
af directors shall be held at the time and place appointed
by the commissioners, and all subsequent elections may be
held and regulated according to the by-laws of the compa-
§ 6. Upon the election of directors and organization of Delivery of mo-
their board, the said commissioners shall deliver to said di- "?y^' ^°-> **>
rectors all moneys received by them on subscription to
stock and books of subscription and other property of said
company.
§ 7. The said corporation is authorized, as soon as the^^Qu.^^jgg
board of directors are elected, to commence the construc-
tion of said road, and as soon as any three miles thereof
shall be completed may erect toll-gates tliereon, and col-
lect the toll allowed by this act. Said company shall keep xoiis.
said road in repair, and said corporation shall have power
to construct bridges and causeways over any streams or^^epairs,
sloughs any where upon the route of said road they may
deem necessary ; and said company may have power to
borrow not exceeding ten thousand dollars to aid in con- Loans-
structing the same.
§ 8. The said corporation may connect, in passing over
tlie north fork of the Saline river, with the public bridge ;
Qver the same, but shall not charge or receive toll for tlie
uge thereof. The said stockholders shall be individually
Time.
1851. 296
Individual Ha- liable for the debts of said company contracted by the di-
bihty. rectors thereof. The county court of the county of Galla-
tin may, by an order entered of record, authorize said com-
pany to plank, not exceeding twelve feet wide, any part of
the public highways between said Shav/neetown and Equal-
ity, and to grade and keep the same in repair lor the use of
said company.
Re'niiatiou of § ^- '^^^^ ^^^^ Company shall have power to fix and reg-
toiis. ulate the tolls to be charged and paid for passing on said
road, and it shall be lawful for any toll-gatherer to stop and
detain any person going on said road until the toll properly
chargeable shall be paid, and any person who shall use said
road and refuse to pay said toll shall forfeit and pay for
such refusal the sum of three dollars, to be collected by
said corporation by action of debt, before any justices of
the peace of the proper county.
§ 10, The said corporation shall be allowed fifteen
months from the passage of this act to commence the con-
struction of said road, and shall complete the same from
Shawneetown to Equality in three year?, and upon failure
to do this this charter is forfeited.
§ 11. The said corporation is hereby authorized to lo-
Rig'itofway. ^^^g ^j^^ construct said plank road over any lands owned
by this state or by individuals on the route of said road.
Said company siiall pay all damages that may arise or ac-
crue to any person or persons by means of taking their
lands, timber, rock, stone or gravel, for the use of the said
road ; and when the same cannot be obtained by consent
of owners, upon reasonable terms, it shall be estimated and
recovered in the manner provided by law for the recovery
of damages happening by the laying out of highways.
§ 12. The said company are authorized to construct so
^hri^'^'^°&c. ^' much of said road, commencing at Shawneetown and run-
ning towards Equality, as passes over land subject to over-
flow and inundation, by throwing up the same to such a
heighth as to be above high water mark, bridging the same
or using any otlier means in the construction of said road
over such overflowed land so that the travel on tlie same
will not be, at any season of the year, obstructed by high
water or inundation ; and for this purpose may use earth,
timber, stone and other materials along the line of said road,
in accordance with the provisions of section 11 of this act.
^ . . § 13. The said company are authorized to extend said
plank road from Equality, in Gallatin county, to Marion,
in Williamson county, and for this purpose are vested with
all the rights and privileges conferred upon them for the
purpose of constructing said Shawneetown and Equality
plank road, and shall be subject to all the restrictions and
limitations imposed upon them by the terms of this act in
the construction of said Shawneetown and Equality plank
297 1851,
road : Provided^ that if said company do not commence Proviso.
the work upon the extended line of said plank road from
Equality to Marion in three years from the passage of this
act, and complete the same in five years, then and in that
event they shall forfeit all right to construct said extended
plank road.
§ 14. This act shall be deemed a public act, and shall
take effect from and after its passage.
Approved Feb. 17, 1851.
AN ACT to vacate the town plat of Rcinzi, Sangamon connty. ja force Febru-
ary 17,1^1.
Section 1. Be it enacted by the people of the State of
Illinois, represented in the General v^sscmhly, That the
town plat of Reinzi, in Sangamon county, Illinois, be and Plat vacitwi.
the same is hereby vacated.
§ 2. This act to be in force from and after its passage.
Approved Feb. 17, 1851.
AN ACT to amend and act entitled ''Aiyigt to anthorize the school trustees of town- j^^ ^^j^^ Febru-
ship tlurteen north, range ten east of tj^' fourth principal meridian, to establish a jjjy xj 1S51.
ferry across the Illinois river.
Section 1. Be it enacted hy the peoj)le of the State of
Illinois, rejiresented. in the General Assembly, That the
conditions set forth in section number five (5,) in an act en- co^^ijtjxjns re-
titled "An act to autliorize the school trustees of township newed andes-
thirteen north, range ten east of the fourth principal meridi-
an, to establisti a ferry across the Illinois river," approved
February 27, 1847, be and the same are hereby renewed
and extended until the first Monday in June next.
§ 2. This act to take etTect and be in force from and
after its passage.
Approved Feb. 17, 1851.
185L
298
In force Feb. 17, AN ACT to incorporate Myron Lodge. No. 1, of the Old Free Order of Chaldea, of
1S5I. the city of Chicago, Cook county, Illinois.
Corporation.
Style.
Powers
Proviso.
Trustees.
Power of trus-
tees.
Proviso.
Capital stock.
Section 1. Be it enacted by the j)eople of the State of
Illinois^ represented in the General t/issemhly, That Gus-
tav Leveneuz, George Fleitz, Frederick C. Hagerman,
Ludwig Feigler, Jacob Strehl, Theodor Bosse and Daniel
Halt, and all such persons as are or may hereafter become
members of Myron Lodge, No. one, of the Old Free Order
of Chaldea, of the city of Chicago, Cook county, Illinois,
from and after tlie passage of this act, shall be and they
are hereby constituted a body corporate and politic, by the
name and style aforesaid, and by tliat name they and their
successors shall have succession, and shall in law be capa-
ble of suing and being sued, plead and being impleaded,
prosecute and defend in all manner of actions, in law or in
equity, in all courts and places whatever where legal pro-
ceedings are had, and by that name and style be capable in
law of purchasing or receiving, by gift or otherwise, hold-
ing and conveying real estate, for the benefit of said cor-
poration : Provided, that said corporation shall not at any
one time hold property to an amount exceeding twenty
thousand dollars.
§ 2. Said corporation shall have power to loan money
belonging to the same, and take promissory notes or other
evidences for the money so loaned, whicli may be received
in their corporate name aforesaid in all courts and places
whatever where judicial proceedings are had.
§ 3. For the purpose of cai3crying into effect the objects
of this act, the members of the above incorporation shall
have power, and are hereby authorized, to appoint out of
their number three trustees, to hold their office for the term
of two years, and until their successors in office are ap-
pointed.
§ 4. They shall have power to make such by-laws and
regulations as they shall think necessary for the govern-
ment of their concerns, and have a seal and alter or change
the same at pleasure : Provided, such by-laws are not in-
consistent with the constitution and laws of this state or
the United States.
§ 5. The capital stock of the above incorporation shall
not exceed ten thousand dollars.
Approved February 17, 1851.
299 1851.
AN ACT authorizing,^ AVilliam K. Kendall to establish a hand or horse-boat ferry In force Fcbr"-
across the Alississippi river. ary 17 1851.
Section 1. Be it enacted by the people of the State of
Illinois, represented in the General ^issemhly. That Wil-
liam R. Kendall, his heirs and assigns, be and they are here- Ferry authorir.-
by authorized to establisii and keep a hand or horse-boat '''^•
ferry, for the term of twenty years, at and from the Yan-
dorn lands, in Alexander county, opposite the city of Cape
Girardeau, in the state of Missouri, across the Mississippi
river, to said city.
§ 2. The said William R. Kendall, his heirs and assigns, ^^^^^
shall at all times keep good and sufficient boats for tiie
speedy and safe transportation of passengers, teams, horses,
cattle and other animals, as well as goods and effects be-
longing to passengers, and shall furnish said boats with men Eciuipmcnt^.
of sufficient strength and skill to manage them, and shall
charge and receive such rates of ferriage as may be allowed
them by the county court of Alexander county.
5 3. The said William R. Kendall, his heirs and assigns, rj^^.
shall pay into the county treasury of Alexander county
such annual tax as may be imposed by the county court of
said county, and the management and regulation of said
ferry and the rights and privileges of the owners thereof
shall be governed and secured by the "Act to provide for
the establishment of ferries, toll-bridges," &c., approved
February twelfth, one thousand eight hundred and forty-
seven.
§ 4. This act to take effect and be in force from and
after its passage.
Approved Feb. 17, 1851.
AX ACT to amend an act entitled " An act incorporating the Mount Palatine Acade- in foj-ce Fehn.
my," by incorporating in connection therewith a college, by the name and title of j^y 17 jgr,]
Judson College. •' ^ ■- ■
Section 1. Be it enacted by the jieople of the State of
Illinois, represented iyi the General Jlssembly, That Thom-
as Powell, Christopher Winters, John Higby, Norman corporation
Warner, W. Y. Ely, James Curtis, C. M. Wright, Otis
Fisher, James McLay, Ephraim Reynolds, Charles Cross,
A. M. Howard, and their successors, be and they are here-
by created a body politic and corporate, by the name and
style of the " President and Trustees of Judson college," style.
and by that name and title to have perpetual succession.
The said college, in connection with said academy as an ac-
ademic department, to be and remain on section number
34
1851.
300
Location.
Trustees.
Elections.
Vacancies.
Corporate pow-
ers.
Powers.
Capital stock.
Proviso.
Ftirtlier proviso
Qnonnn.
one, township number thirty-one north, of range one west
of the third principal meridian, in Putnam county. The
number of trustees shall not exceed twelve ; they shall
have power to elect the necessary officers out of their own
body. The trustees shall be elected yearly by tlie stock-
holders of said college and academy jointly. They shall
have power to fill vacancies that may occur in the interim,
and in case of a failure to elect at the proper time the trus-
tees shall continue in office until their successors are elec-
ted and qualified.
§ 2. The corporate powers hereby bestowed shall be
the following, to wit : to make contracts, to sue and be
sued, to plead and to be impleaded, and to grant and re-
ceive by their corporate name ; to accept, acquire by pur-
chase, or sell property, real, personal or mixed, in all law-
ful ways ; to use, employ, manage and dispose ot all such
property and all moneys belonging or that may belong to
such corporation, in such ways as to them shall seem best
calculated to promote the objects of the institutijn; to
have a common seal, and to alter the same at pleasure ; to
make such by-laws for the management of said college and
academ)"^ as shall not conflict with the laws of this state or
the United States.
§ 3. The trustees shall have power to prescribe and
regulate the course of study in said college and academi-
cal departments, similar to other colleges in the United
States ; to appoint instructors and other officers and agents
necessary to manage the concerns and interests of the in-
stitution, and to define their duties and fix their compensa-
tion, and if necessary to remove them; to erect suitable
buildings ; to'purchase books and all other necessary ap-
paratus ; to make rules for the regulation of the conduct
of pupils, and to expel such as are disorderly.
§ 4. This corporation shall have power to raise a capi-
tal stock or college fund, in shares of fifty dollars each, to
the amount of fifteen thousand dollars, excluj^ive of sums
given by donation, bequest or otherwise ; and the funds,
rents, income of said proporty, of whatever kind, to be de-
voted exclusively to the purposes of education : Fruvided,
further.^ that said institution shall not hold more than one
thousand acres of land at any one time, and said lands to
be appropriated in the manner the donor shall direct, with-
in five years from the time such donation was made, or re-
vert back to said donor or donors, or their heirs : Provided.^
always, that said institution shall not hold more than twen-
ty thousand dollars.
§ 5. Any five of the trustees shall constitute a quorum
to do business, and on recommendation of the faculty grant
those degrees usually granted by other colleges in the Uni-
ted States.
301 1851.
§ 6. There sliall be attached to said academy a depart- Trimary de-
ment in wfiich shall be taught such branches as are usually i^^rtment.
tauiiht in common schools.
§ 7. Tlie benefit and privileges of said institution shall Control.
alike be open to all religious denominations, yet it shall be
under the control of the Baptist denomination.
§ 8. The legislature shall have power to modify, amend Power to repeal.
or repeal this charter whenever the public good may re-
quire it.
§ 9. This act to take effect and be in force from nd
after its passage.
Approved Feb. 17, 1851.
AN ACT authorizing an executor therein named to settle a claim therein named t ^ ^^ •.
In force Febru-
ary 17, 1851.
Whereas John Nilson, (since deceased,) and Robert Hill
did enter jointly, at the Danville land office, in this state, Preamble.
the following lands, to wit: the south half of lot four (4;)
in section tliree (3,) in township twenty-five (25) nortli,
of range twelve west (12) of the second (2) principal
meridian, and also lot five (5,) in the same section; and
whereas the said Robert tiiU afterwards conveyed to
said John Nilson, in his lifetime, his proportion of said
lands; and whereas it was afterwards found that said
lands were seminary lands belonging to this state; and
whereas the general assembly of this state have granted
pre-emption upon said lands to the heirs at law and ex-
ecutors of said John Nilson, deceased; therefore,
Section 1. Be it enacted hy the people of the State of
Illinois, represented i7i the General Assembly, That Robert
Nilson, executor of the last will and testament of said John settlement au-
Nilson, deceased, or liis successor in office, be and he is here- thorized.
by authorized to settle with said Robert Hill, his heirs or
legal representatives, for all liabilities incurred by said Hill
under said deed, and make to said Hill the necessary ac-
quittances therefor, upon said Hill's paying to said execu-
tor or his successor in office the amount received by him
tlierefor of said John Nilson, and the interest thereon up
to tlie time said money shall be refunded by said Hill: Pro- „ .
vided, that the same be paid within one year after the pas-
sage of this act: Jind provided, also, that said settlement ,. ,,
o . c \ • \ '^ urtner proviso.
shall be made a matter ot record in the county court of
Iroquois county, sitting for probate business.
This act to be in force from and after its passage.
Approved February 17, 1851.
1851.
302
iree Febru-
- 17, 1851.
Corporation.
Style.
Powers.
Provisions ap-
plicable.
Object.
Stock.
AN ACT to iocorporate the Oswego and Aurora Railroad Company.
Section 1. Be it enacted hy the people of the State of
Illinois, represented in the General Jissemhly, That Wil-
liam O. Parke, Lewis B. Judson, John M. Crathers, Sam-
uel Roberts, Natiianiel Rising, Daniel Pierce, Cliarles D-
Townsend, Jolui W. Chapman, John L. Clark, William
Thurlee and Benjamin F. Fridley, and all such persons as
shall hereafter become stockholders in the company here-
by incorporated, shall be a body politic and corporate, by
the name and style of the " Oswego and Aurora Railroad
compan}," and under that name and style shall be capable
ol suing and being sued, impleading and being im.pleaded,
defending and being defended against, in law and equity,
in like manner and as fully as natural persons ; may have
and use a common seal, and the same may alter or amend
at pleasure, and by their said corporate name and style
shall be capable in law of contracting and being contracted
with, of acquiring by purchase or otherwise, and of hold-
ing and conveying any real or personal estate necessary
for the full and perfect carrying out of the objects and in-
tentions of this act, and shall be and are hereby invested
with all the powers, privileges, immunities and franchises
which may be needful to carry into full effect the purposes
and object;^ of this act.
§ 2. All the provisions of an act entitled "An act to
provide for a general system of railroad incorporation j"
approved November fifth (5,) one thousand eight hundred
and forty-nine, are hereby extended, so far as the same
shall be applicable, to the incorporation herein provided,
and the said company is hereby authorized to proceed un-
der the provisions of the above entitled act to lay out, lo-
cate, purvey, construct and operate a railroad under the
provisions of the said general law, from the village of Os-
wego, in Kendall county, to the village of Aurora, in Kane
county, and to secure the right of way as provided in said
general law, and may connect with the Aurora Branch
railroad, provided said Aurora Branch Railroad company
shall give their consent to such connexion ; and, further,
the said company is hereby authorized by its by-laws to
make such rules and regulations respecting subscriptions
of stock, and the manner of paying the same, as it shall
deem expedient.
§ 3. The shares of stock in said company shall be one
hundred dollars each, and shall be personal property.
§ 4. This act shall take effect from and after its pas-
sage.
Approved Feb. 17, 1851.
303 1851.
AN ACT to autliorize Adonirara J. Brown to keep a ferry across the Mississippi river, In force Febrn-
at the town of Port Byron. ajy 17, 1851.
Section 1. Be it enacted hy the people of the State of
Illinoisyrepresented in the General Ass emhhj^ That Adoni-
ram J. Brown, his heirs and assigns, shall have the right, Fen-y autboriz.
and he is authorized, to establisli and keep a ferry, for tlie ^'^'
term of ten years, across the Mississippi river, between the
town of Port Byron, in the county of Rock Island, and the
opposite shore, in the state of Iowa.
§ 2. The said Adonir-am J. Brown shall at all times* jjo^ts.
keep good and sufficient boats for the speedy and safe trans-
portation of passengers, teams, horses, cattle and other ani-
mals, as well as goods and effects belonging to passengers,
and sliall furnish said boats with men of sufficient strength Equipments.
and skill to manage them, and shall charge and receive such
rates of ferriage as may be allowed him by the county court '^oiis.
of Rock Island county, and to pay such annual tax as said Tax.
court may direct, not exceeding ten dollars.
§ 3. The said Adoniram J Brown, his lieirs and assigns, Exclusive priv-
shall have the exclusive privilege of ferrying at and from ° '
the said town of Port Byron, and for one mile each way
from the place of landing, unless the said Adoniram J.
Brown, his heirs or assigns, shall fail t> comply with the
provisions of this act, then and in that case all rights and
privileges acquired herein shall be forfeited; and the power
to modify or repeal this act, whenever the public good may Pvigbt to repeal,
require, is liereby reserved.
This act to take effect and be in force from and after its
passage.
Approved Feb. 17, 1851.
AN ACT entitled an act for the relief of Owen Miller. In force Feb.l7,
1851.
Section 1. Be it enacted hjj the people of the State of
Illinois, represented in tlie General Jissembly, That Owen
Miller, jr., who was and is bail for the appearance of Lewis ^^'^^^^^'^[Fj^jj.
Crane and Shedrick Crane, to the Winnebago circuit court,
the condition of said bond having been forfeited, be and lie
is hereby discharged from the penalty of said bail bond, by
the paymer.t of custs.
Approved Feb. 17, 1851.
1851.
304
AN ACT to incorporate the Moline Cemetery Association.
Section 1. Be it enacted by the people of the State of
Illinois^ represented in the General Assembly^ That A. J.
Perkins, Hiram Hiitt, A. J. Swanclar, R. N. Tate, Joseph
Jackman, L. E. Ober and G. P. Vesey, of the town of Mo-
line and vicinity, and their associates and their successors,
be and they are hereby constituted a body corporate and
politic, by the name and style of the "Moline Cemetery As-
sociation," and by that name shall have perpetual succes-
sion, and shall have all the powers, rights and privileges, li-
abilities and immunities incident to a corporate body.
§ 2. Said association shall have power to own real es-
tate, not exceeding ten acres, and personal property not
exceeding at one time five hundred dollars, which shall be
exempt from taxation and from attachment and execution.
§ 3. The object of said association shall be exclusively
to lay out, enclose and ornament a plat of ground, to be
used as a burial place for the dead.
§ 4. Said association shall have power to lay out the
burial place into lots of suitable size and sell the same; pur-
chasers of which shall use the same as herein contemplated,
and for no other purpose.
§ 5. The proceeds of such sales and other funds which
may come into the possession of the association, shall be
appropriated and used in purchasing and laying out the
grounds, and in improving and ornamenting the same, or
in other objects connected with the incorporation.
§ 6. The owners of lots in the cemetery shall, on the
first Monday of May next, elect three trustees, who shall
be owners of a lot in the cemetery, one of whom shall con-
tinue in office for one year, one for two years, and one for
three yeai-s, and until their successors are elected; and an-
nually thereafter, on the first Monday of May, they shall
elect one trustee, who shall continue in office for three
years, or until liis successor is elected, and any neglect to
elect officers on said day shall not operate as a forfeiture
of this act of incorporation.
§ 7. Every owner of one or more lots shall be a mem-
ber, and shall be entitled to one lot [vote] only. Absent
members may vote by proxy.
§ 8. The trustees may make all necessary by-laws and
regulations for lajang out, ornamenting and keeping in re-
pair said cemetery, and for preserving other property of
the association. They shall appoint a secretary, treasurer
and sexton, and shall define their duties and affix their com-
pensation.
§ 9. The right of property to any lot or lots which may
be purchased shall be vested by certificate of stock, signed
by the secretary, and recorded in a book kept by the sec-
305 1851,
retary for that purpose, and every transfer of such lots shall
be made by surrendering such certificate to the secretary,
who s'lall destroy it and issue a new one.
Tliis act to take effect and be in force from and after its
passage.
Approved Feb. 17, 1851.
AN ACT to amend an act entitled "An aet to incorporate the town of Shelby ville." In forco Febru-
ary 17, 1851.
Section 1. Be it enacted hxj the. peojile of the State of
Illwois, represented in the Generat ^Issembly^ That tlie
corporate limits of the town of Shelbyvilie shall hereafter Justice's dit-
constitute a district for the purpose of electing a justice of
the peace.
§ 2. That said election shall be held at such time and .
place as may be provided by an order of the board of trus-
tees of said town.
§ 3. All persons residing within the corporate limits of
said town, entitled to vote for trustees thereof, may vote at
said election.
§ 4. The election for said justice of the peace, as well now conducted.
as all elections for trustees hereafter, shall be conducted
by two of the trustees of said town, who shall be duly
sworn for that purpose.
§ 5. The said justice of the peace sliall have exclusive Jurisdiction.
juriiuiiction in all cases arising under the ordinance of said
corporation, and concurrent jurisdiction with all other jus-
tices of the peace in civil and criminal cases, and sliall ex-
ercise all the powers and duties, and shall be subject to all
the provisions of law pertaining to justices of the peace.
§ 6. The said justice of the peace shall be commission- Cummiseion.
ed by the governor.
§ 7. This act shall be in force from and after its passage.
Approved Feb. 17, 1851.
AN ACT for the relief of the securities of John R. Smoot, late sheriff of Gallatin In forceFcb.!?,
county. 1851.
Section 1. Be it enacted by the people of the State of
I/tinois, represented in the General Assembly^ That the
securities of John R. Smoot, late sheriff and collector ofEeioase.
revenue for the county of Gallatin, upon payment of their
respective ^jro ratas to the auditor of public accounts of a
. 1851. 306
Conditions. judgment obtained against them in the Sangamon circuit
court, on the twenty- fifth of Jul}^, one thousand eight hun-
dred forty-eight, for the balance of revenue for the year
eighteen hundred and forty-four, for the sum of seven hun-
dred and ninety-two dollars and four cents, and also a judg-
ment rendered against them on the twenty-third of March,
one thousand eight hundred and fifty, for eleven hundred
and seventy-nine dollars and seventy-eight cents, being the
balance of revenue for the year one thousand eight hundred
and forty-five, be and are hereby forever released from all
liabilities on account of said bonds and judgments thereon.
Said pro rata payments may be made in three annual instal-
ments, in the following order: the first, on the first day of
Januar}^, eighteen hundred and fifty-two ; the second, on the
first day of January, eighteen hundred and fifty-three; the
' ' third, on the first day of January, eighteen hundred and fifty-
Proviso, four : Provided^ that nothing herein contained shall be con-
strued as to release the said sheriflf from the debt or any
portion thereof.
§ 2. All sales of land heretofore made by virtue of any
.Sales set .iside. ,• • i -.i r • i • i l i "u
execution issued upon either or said judgments, are liereby
set aside and for nothing esteemed, and the auditor is hereby
required to cancel said sales.
„ ., , 6 3. Should said securities, or any of them, fail to com-
xjiiliirs to coin- ^ -f J ^
ply with con- ply witli the provisions of this act, they shall not be enti-
ditions. ^jgj j-Q ^j^g benefits thereof, but tliose who shall comply and
pay their proportions, as provided in this act, shall receive
from the auditor a full acquittal from all liabilities as afore-
said.
Execution stay- § ^' That executions on said judgment be stayed until
ed. said times of payments, as to those who avail themselves of
Proviso. ^'^^ provisions of this act : Provided^ that execution may
issue against any of the parties in said judgments after the
first day of January, eighteen hundred and fifty-two, who
shall fail to comply with the provisions of this act, and the
judgments and executions shall remain a lien upon their
property.
§ 5. Tiiis act shall be in force from and after its passage.
Approved February 17, 1851.
In force Febru- AN ACT to incorporate the Griggsville and Illinois River Plank Road Company,
ary 17, 1S51.
Section 1. Be it enacted hy the ■people of the State of
Corporation.' Illinois, represented in the General ^^ssemblt/,- Tha.t Mar-
shall Ayers, Jabez D. Phillbrick, Nathan W. Jones, John
Crue, Ozias M. Hatch and Reuben B. Hatch, and their
307 1851.
successors, be and they are hereby constitned a body poli-
tic and corporate, to have perpetual succession and exis-
tence as such corporation for and daring the space and term Buraiion.
of thirty years, and by that name to sue and be sued, plead
and be impleaded, as a natural person, and shall be so
recognized in courts of law and equity; and to have and
use a common seal, to alter the same at pleasure; and they ^^'^nerai lowers,
shall have power, in their cor[)orate name, for the use of
said corporation, to purchase and hold sufficient real estate
for the free enjoyment of all privileges iierein granted, and
also the power to establish such by-laws, ordinances and
regulations as shall be deemed necessary for the further-
ance of the objects of the incori)oration, and not contrary
to t!ie constitution and laws of this state.
§ 2. Tiie capital stock of said company shall be fifteen Capital stock,
thousand dollars, in shares of fifty dollars each, to be sub-
scribed for and sold as hereinafter provided : Provided., that Proviso.
if the amount of capital above stated is insufficient to com-
plete said road, tiien the capital stock may be increased to
twent}' thousand dollars, or such sum as may be necessary
to complete the work, to be subscribed for as the ])resident
and directors of the company shall order.
§ 3. That at any time after the passage of this act the Officers.
beforenamed persons, or their successors, or a majority of
tliem, shall meet at the town of Griggsville and elect a
president, who shall be chosen from one of said corpora-
tors, and a secretary, who may or may not be one of their
number, whose duty it shall be to record all the orders and
proceedings of said board ; and proceed to make arrange-
ments for opening books for the subscription of stock at
such times and places and in such manner as they may or-
der and direct; and shall, moreover, make such orders for
the payment of instalments on stock as they may think best
for the interests of the corporation.
§ 4. The corporation shall cause books to be opened Subscriptions.
for subscription, at such time and in such places as they
may direct, due notice thereof sjiall be given in the nearest
newspaper, in each of which books the folio v/ing entry sliall
be made: "We, the undersigned, severally promise to pay
the Griggsville and Illinois River Plank Road company the
sum of fifty dollars for each share of stock set opposite our
names, in such manner and proportion, and at such times,
as the president and directors of said company shall direct,
dated this day of ." Five percent, upon each
share subscribed for shall be paid at the time of such sub- Payments,
scription, and said subscription book shall specify the bal-
ance due on each share after deducting the sum so paid.
A guaranty of the payment of said obligation may be re-
quired of any subscriber thereto.
1851.
308
Survey and lo
eatiou.
Directors.
Election of.
Number of di-
reotors.
Vaeancies.
Executive offi
oers.
Quorum.
Agents, <tc.
§ 5. Said corporation shall have full power, from time
to time, to examine, survey and locate the route of said
plank road, commencing within or immediately adjoining
said town of Griggsville, and running along the best ground
for the interest of tiie company and convenience of the
public, lo some point or points on the bank of the Illinois
river, in the county of Pike. Said road not to exceed eighty
feet in width.
§ 6. When the sum of two thousand dollars is sub-
scribed for, it shall be the duty of the secretary of said
corporation, or their president, in case there is no secretary,
to give 1 otice in the nearest newspaper, or by personal no-
tice, to the subscribers to the stock of said compan}, of the
time and place at which a meeting of the stockholders will
be held for the purpose of the election of directors of said
company, who sliall be elected out of the stockholders of
said company by said stockholders. T!ie persons so elect-
ed shall be the board of directors of said company. The
election shall be conducted in such manner as the persons
named in this act as corporators shall direct, and each
stockholder shall have a vote at such first election for each
share of stock he shall own at the commencement of such
election. At all future elections no person shall cast any
vote in right of any stock which shall have been transferred
to him within thirty days preceding such election. Votes
at such first, or any subsequent election, may be given in
person or by proxv, in such manner as the by-laws sliall
provide. The board of directors shall consist of five per-
sons ; they shall continue in office one year from tiie time
of their election, and until their successors are elected, and
a majority of them shall constitute a board competent to
transact the business of the corporation ; and shall have
power to establish all by-laws necessary to carry out the
objects of this act, not inconsistent with the constitution
and laws of this state, for the government of said company,
and to establish such rules for the government of them-
selves and the stockholders as they shall think best. The
said directors shall elect a president from their number,
and a secre^ary, who may or may not be a stockholder, but
not a director, and shall have power at any time to fill va-
cancies in said offices ; they may also, in their discretion,
elect a treasurer, or require their secretary to act as treas-
urer of the company.
§ 7. Said president and directors shall be the executive
officers of said company; a majority of the board shall be
a quorum for the transaction of business ; they shall have
full power to do every act and perform all the duties neces-
sary to carry out the purposes for which the said company
is created by this act; to appoint or employ such subordi-
nate officers, agents and workmen as shall be necessary in
309 1851.
and about the construction and repair of said road and tlie
business of said company ; in the corporate name of said
company to sue for and recover all sums of money due for
stock, or on guaranties given tlierefor, or to provide for the
forfeiture of said stock and all previous payments thereon,
for non-])ayment of the instalments due on such stock; to
acquire, in the name of said corporation, by purchase, gift
or otherwise, all real estate necessary for the construction
of said road, and ol the necessary toll-houses thereon; to
establish such toll-houses, toll-gates and other structures as
they shall deem necessary in and about the business of said
road ; to contract with the board of supervisors of the
counjy oi' Pike for the use of all or any part of any public
highway in said county, upon which to construct said road ;
to take "re-leases and conveyances from the owner or owners
thereof of the necessary lands over which said road may
pass. If said road shall be constructed over any public
highway under and by virtue of any agreement made with
the board of supervisors of the county of Pike, then, at the
expiration of the corporate existence of said company, un-
less the sai.l county of Pike shall renew said agreement, for
the use of said highway, with said corporation, (if their
charter is hereafter extended beyond tiie time limited in
this act,) then said county of Pike shall pay to said com-
pany the worth of the plank superstructure of said road at
the "time of such expiration, to be determined by said coun-
ty choosing one person, said company one other, and they
two a third, to ascertain the worth of said superstructure.
§ 8. If any owner of any land upon which said com pa- Damages.
ny intends constructing any ])art of said road shall, from
any cause, be incapable of selling the same, or if from any
cause said company cannot agree with such owner for the
purchase thereof, or if after diligently inquiry the name
and residence of such owner cannot be ascertained, or if
such owner does not reside in the state of Illinois, said com-
pany may present to the county judge of Pike county a pe- Legal proceed-
tition, setting forth the grounds" of the application, a descrip- ^^&^-
tion of the lands in question, and the name and residence of
tlie owner, if known, and the means that have been taken
to ascertain the name and residence of such owner, if un-
known, and })rayingthat the damages of the owner of the
lands described in the petition may be ascertained. Upon
receiving such petition said judge shall appoint a time at
some regular or special term of the county court for the
hearing of such petition, and such proceedings shall be had
thereupon as are prescribed ior assessing damages in an
act entitled "An act to provide for tlie construction of
plank roads by a general law," approved 12th February,
1849.
1851. 310
Toll-gates. § 9, As soon as said company s'aall have completed two
miles of said road they may erect a gate or gates thereup-
on, at suitable distances apart, and demand and receive
from persons travelling on said road the tolls allowed by
this act; and as soon as said company shall have completed
any further portion or all of said road they may erect all
such gates as may be necessary, at suitable "distances apart,
and may demand and receive from persons travelino- on
Tolls. said road the rates of toll fixed by this act. Said company
is hereby authorized to charge toll for each mile of said
road as is prescribed in an act entitled "An act to provide
for the construction of plank roads by a general law," ap-
proved February 12, 1849.
Penalty. ^^ ^P' '^''^^ ^^ ^"J person or persons shall wilfully and
knowingly do any act or thing whatsoever whereby the said
road or anything thereto belonging shall be injured or dam-
aged, the person or persons so offending shall forfeit and
pay three times the amount of damages sustained, with
costs of suit, to be recovered in an action of debt on be-
half of said company, before any court, either of record or
not of record, having jurisdiction in cases of debt; and any
person or persons who shall pass or attempt to travel along
said road without paying the rates of toll authorized to be
charged by this act, shall forfeit and pay th.ree times the
amount of the toll which he, she or they were liable to pay at
the rates fixed by this act, which may be recovered by ac-
tion of debt on behalf of said company, before any court,
either of record or not of record, having jurisdiction tiiereof.
This act to be deemed and taken to be a public act, and
to be in force from and after its passage.
Approved Feb. 17, 1851.
In force Febru- AN ACT to vacate an alley in Beardstovvn.
ary 17, 1851.
Section 1. Be it enacted hy the people of the State of
Illinois, represented in the General Assembly, That the
Alley vacated, alley running through the middle of block number forty-
five (B 4.5,) on the plat of Beardstown, in Cass county, be
and the same is hereby vacated and annulled, and the ground
over which the same passes may be resumed by the ad-
junct owners in just proportions to their respective interests.
§ 2. This act to be in force from and alter its passage.
Approved Feb. 17, 1851.
311 1851.
AX ACT authorizing James U. Ilanchcte to build a bridge across Rock river, at Ore- In force Februa-
j;oii, Illinois. ry 17, 1851.
Skction 1. Be it enacted by the people of tlip State of
IIli)/ois, represented in the General ^sse?nhl>/, That James
H. Hanchete and his associates, tlieir heirs and assigns, be Brid^re author-
authorized to build a bridge across Rock river, at any point ^^'^'^•
on tiie town plat of the town of Oregon that he may select,
in the county of Ogle, and state of Illinois.
§ 2. And the said James li. Hanchete, his associates Location.
and assigns, and their heirs, are hereby authorized to con-
struct said bridge below or on the dam now constructed
across said river at said town of Oregon : Provided, if they Pronso.
should construct the same on said dam they shall procure
the right so to do from the proprietors thereof.
§ 3. And the said James H. Hanchete and his associates, Toii-gato.
their heirs and assigns, are hereby authorized, after the
completion of said bridge, to place a toll-gate at either, end
of the same, when he and they, or their heirs and assigns,
may demand of every person passing on said bridge the Toils.
same rate ot tolls as is now allowed fur passing the ferry at
said Oregon: Provided, said Hancliete, and his associates. Proviso.
their heirs and assigns, may double the above rates from all
persons passing said bridge after nine o'clock in the evening
and before four o'clock in the mornhig.
§ 4. That the said James H. Hanchete, his associates, Eepaire,
their heirs and assigns, shall at all times after the comple-
tion of said bridge keep the same in good repair, and ailow
a speedy passage over the same; and if at any time the said
bridge shall be out of repair so that the same shall be im-
passable for the space of six months at any one time, the
said Hanchete and his associates, their heirs and assigns,
shall lose all rights acquired by virtue of this act: -P/'^t'i- proviso.
ded, that the destruction of the same by fire or water, or
other casualty, shall not work such forfeiture, but the same
shall be rebuilt or repaired as soon as practicable thereafter :
^7id provided, furtlier, tiiat if any person in crossing said Further provi.s,>.
bridge shall sustain any injury or damage, either to himself
or las property, in consequence of said bridge not being
kept in good repair, the proprietor thereof shall be respon-
sible for the same.
§ 5. If any person or persons shall wilfully do or cause Penalty.
to be done any injury to said bridge the person or persons
so offending shall forfeit and pay to the proprietors thereof
three times the amount of such injury, to be recovered be-
fore any justice of the peace or other court having juris-
diction of the same.
§ 6. The said bridge sh ill be deemed a public higlnvay
within the meaning of the laws providing for the punish-
ment of persons injuring, obstructing or destroying public
1851. 312
liighwajs or bridges in any manner or by any means what-
ever.
Individual lia- § '^- The Said James H. Hanchete, and his associates,
biiity. tlieir heirs and assig;ns, shall be liable in their private and
individual property lor any and all debts contracted for or
on account of said bridge, to an amount equal to the stock
so by him or them held, whether the said debts originated
by contract or otherwise. The county court of Ogle coun-
ty shall have the power, and it shall be their duty, at the
March term thereof every year^ to fix and establish the rates
of toll for passing upon said bridge, and no greater sum or
sums shall be taken or charged than thus allowed, any thing
in this act to the contrary notwithstanding.
§ 8. The navigation of Rock river shall not be in any-
wise obstructed or delayed by the said bridge, and the said
county court shall have the power of determining whether
the erection of said bridge will have the effect of impeding
the free navigation of Rock river, and have the power to
prescribe such reg^ilations as they may deem proper to pre-
vent such obstruction.
Approved Feb. 17, 1851.
Restriotion.
In forco Febra- AN ACT to ineorporate the Hennepin Union Seminary, in the town of nenneDin
ary 17, ISol. Putnam county, Illinois. ""^^pm,
Section 1. Be it enacted by the people of the State of
Illinois, represented in the General Jissernhly, That Sidney
Corporation. Pulsifer, David Markley, Edward F. Pulsifer, William H.
Brown, James J .Todd, Oaks Turner and Williamson Dur-
ley, and their successors in office, be and they are hereby cre-
ted a body politic and corporate, under the name and style
Style. of the "President and Trustees of the Hennepin Union
Seminary," and by that name and style to remain and have
perpetual succession. The said seminary shall be and re-
LooBtton. in^-in in the town of Hennepin, in the county of Putnam,
and state of Illinois. The number of trustees shall not ex-
Nnmberoftrus-ceed Seven, one of whom shall be president of the board to
Pi^ident. ^^ chosen by the trustees, and under the above name and
style shall iiave power to make contracts, to sue and be sued,
to plead and be impleaded, to answer and be answered unto,
Powers. ^^ ^^^ courts and places ; to grant and receive, by its corpo-
rate name, and to do all other acts as natural persons may
or could do ; to accept, acquire, purchase or sell property,
real, personal or mixed, in all lawful ways ; to use, employ,
manage and dispose of all such property and all money be-
longing to said corporation, in such manner as shall seem to
313 1851.
the trustees best adapted to promote the objects before
mentioned ; to have a common seal, and cliange and alter
the same at pleasure ; to make such by laws for its regula-
tion as are not inconsistent with the constitution of the Uni-
ted States and of this state ; to confer on such persons as
may be considered worthy such academical or honorary
degrees as are usually conferred by similar institutions.
§ 2. The trustees of said corporation shall have author- Authority of
ity, from time to time, to prescribe and legulate the course *™^'^®^-
of studies to be pursued in said seminary, to fix the rate of
tuition 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 du-
ties, to fix their compensation, to displace and remove them,
to erect necessary buildings, to purchase books, chemical
and philosophical apparatus, and other suitable means of
instruction, to make rules for the general regulation of the
conduct of the students, and to make and pass such ordin-
ances, rules and by-laws as they may deem necessary and
expedient.
§ 3. The trustees for the time being, in order to have Vacancies.
perpetual succession, shall have power to iill all vacancies
which may occur in the said board, from death, resigna-
tion or from any other cause. A majority of the trustees
shall constitute a quorum to do business.
§ 4. It shall be the duty of the board of trustees to ap- Treasurer.
point a treasurer to the board from the stockholders, who
shall be required to give bond, with such sutHcient security j^^^j^
as the board may prescribe, conditioned for the perform-
ance of such duties as the by-laws may require of iiim, and
to hold his office for such time as the by-laws may prescribe.
§ 5. The said institution shall be open to all denomina- students and
tions of christians, and the prolession of any particular re- teachers not to
ligious faith shall not be required of tliose who become account of re-
teacliers or students of tUis seminary. All persons, teach- ligious faith.
ers or students, whose habits are idle or vicious, or whose
moral character is bad, may, however, be suspended or ex-
pelled from said seminary by the trustees thereof.
§ 6. The land, tenements and hereditaments to be held Restriction.
in perpetuity, by virtue of this act, by said corporation, shall
not exceed eighty acres.
§ 7. The stock of said company shall consist of shares stock.
of five dollars each, and shall be deemed personal property,
and shall be transferable by assignment of certificate on
the books of said corporation, in such manner as the board
of trustees shall prescribe. The capital stock of said com-
pany shall not exceed twenty-five thousand dollars, and its j^j^^j^g^jj^^^
funds, rents and privileges shall be only used for the purpo-
ses of education, as herein declared.
1851.
314
True tecs.
Esecutioa of
ati'uments
Election?.
Votes.
Exemption
from taxes
Restriction.
§ 8. The before mentioned trustees shall be deemed
trustees of this incorporation until their successors are elect-
ed and qualified, and they are authorized to appoint all ne-
cessary agents and officers ; which offices shall expire with
their own.
,n- § 9. All deeds or instruments of writing for the con-
•jfveyance of real estate to the said incorporation shall be
made to the president and trustees of the Hennepin Union
Seminary, and their successors in office, for the use of said
seminary, and all deeds and conveyances of land from said
corporation shall be made by a majority of the trustees,
sealed with the seal of the corporation, if tliey have a pub-
lic seal — if no public seal is provided, then signed by the
president, and his private seal, and by him acknowledged
in his official capacity.
§ 10. The time of election for the election of trustees
shall be on the first Monday of April, A. D. eigiiteen hun-
dred and fifty-one, and on the first Monday of April each
year thereafter; and the trustees elected at such times shall
serve until their successors are elected and qualified. It
shall be the duty of the president to give ten days' notice
of each election for trustees or other officers, by putting
up notices in at least three public places in the town of
Hennepin and vicinity, of the time and place of holding the
same, and each stockliolder slsall be entitled to one vote for
each share of stock he or she may own; and if it should
happen that an election of the trustees should not be made
on the day herein provided, it shall, in that case, be lawful
to hold the election on any other day that may be designa-
ted by a call of five stockholders, by notices as before de-
signated.
§ 11. The land, lots, building or buildings, library, phi-
losophical or chemical or other apparatus belonging to said
corporation, is and the same shall be forever exempt from
taxation for state, county or corporation purposes, and also
exem])t from execution for other than debts or demands
against said incorporation in its cori)orate capacity and lia-
bilities.
§ 12. No stockholder shall, at any election under this
act, be permitted to cast more than sixty votes or ballots,
any thing in this act of incorporation to the contrary not-
withstanding.
Approved Feb. 17, 1851.
AN ACT to amend an act entitled
appr
315 1851.
"An act to incorporate the town of Hennepin," In force Fcbru-
oved March 2, 183'J. ary 17, 1851.
Section 1. Be it enacted by the people of the State of
Illinois, represented in the General t/issemhhj, That the
limits of said town shall hereafter include the south half of Addition.
fractional section number nine, and the south half of the
west lialf of the south-west quarter of section number ten,
in township thirty-two north, of range two west of the third
principal meridian and no more.
§ 2. The board of trustees of said town shall have tj m,
1 T 1 1 11 1 Health.
power, by an ordinance, to make any and all regulations
necessary, to be made to secure the general healtli of tlie
inhabitants, to declare what are nuisances, and to prevent
and remove the same.
§ 3. The board of trustees of said town shall have gpe,-.;^! tax.
power, and it is hereby declared to be their duty, at the
annual election for officers in said town to be held on the
first Monday in May, A. D. eighteen hundred and fifty-one,
and on the first Monday in May ever thereafter, to cause
to be submitted to tlie inhabitants, legal voters of said town
of Hennepin, the question of " a special tax" for the pur-
pose of grading and paving the side walks in said town ;
and if at any such election there shall be a majority of those
voting for or against a special tax for said purpose for levy-
ing saidspecial tax, then it shall be the duty of the board of
trustees of said town to levy and collect a special tax upon
all tiie property, both real and personal, except public pro-
perty, within tiie corporate limits of said town, not exceed-
ing one half of one per centum upon the assessed value
tliereof, for said year. Said tax to be collected in the
same manner as other taxes are collected in said town of
Hennepin. It shall be the duty of said board of trustees
to cause the special tax so levied and collected to be faith-
fully expended in grading, paving and building side walks
within the corporate limits of said town, under the superin-
tendance of tlie street commissioner.
§ 4. Hereafter there shall be but one assessor elected Assessor.
in said town instead of two.
§ 5. The board of trustees shall appoint, at their first street commia-
raeeting after their annual election, a street commissioner, sioner.
who shall hold his office for" one year, and until his succes-
sor is appointed and qualified. It shall be the duty of the
street commissioner to perform all the duties of the office
of supervisor, and have a general superintendence of the Duties,
streets, and the expending of all moneys raised or to be
raised for the improvement of the streets and side walks
of said town.
§ 6. That the inhabitants of the town of Hennepin, in corpoi»tion.
the county of Putnam, are hereby declared to be a legal
. 35
1851. 316
body corporate and politic, and to have all the rights and
privileges given them by the act incorporating said town,
approved March second, one thousand eight Imndred and
thirty-nine, as fully and effectually as they would have had
[had] there been no irregularity in the election of the officers
of said town, or in the nonuse of its privileges.
Vacation of § '^ ' That SO much of the streets and alleys of the said
streets, &c. town of Hennepin as lie north of Mulberry street and east
of Sixth street, (being the same parts of streets and alleys
that lie within block No. twenty-eight (28,) and fractional
blocks number thirty-six (36,) thirty-seven (37,) and for-
ty-one (41,) in said town, be and the same are hereby va-
cated, and the said parts of streets and alleys are hereby
declared to belong, in equal portions, to the adjacent lots.
Approved February 17, 1851.
In force Fehru- AN ACT to authorize Harvey P. Jones to keep a ferry across the Mississippi river, at
ary 17, 1851. Moline, Rock Island county.
Section 1. Be it enacted hy the jjeojjie of the State of
Illinois, represented in the General Assembly, That Har-
Ferry. vey P. Jones, his heirs and assigns, be and they are hereby
authorized to keep a ferry across the Mississippi river at
and from or near the town of Moline, in the county of Rock
Island, to the shores of Iowa, for and during the terra of
Dnration of pri- ten years from the passage of this act; then the rights and
viiege. privileges herein granted shall cease and determine.
Prohibition. §2. The county court of Rock Island county are here-
by prohibited from granting any license to any other per-
son or persons, bodies politic or corporate, to keep a ferry
across said river for the space of three miles up the said
river from the northern limits of the chartered rights of
John Wilson, of the city of Rock Island, unless the said
Harvey P. Jones, his heirs and assigns, should fail to com-
ply with the provisions of this act.
Boats. \ 3. The said Harvey P. Jones, his heirs and assigns,
shall at all times keep constantly on hand a sufficient sup-
ply of boats suited to the demands of said ferry, and there-
- in afford a safe and expeditious passage for all passengers,
and all property usually transported across said river on
ferry-boats, and shall conform to and be governed by the
laws of the state regulating ferries.
T(^ia. § 4. The said Harvey P. Jones, his heirs 'and assigns,
shall be entitled to demand and receive from each and every
person who may be ferried across said river, and for each
horse, ass, mule or cow, sheep, hog or other animals, cart,
317 1851.
wago-on, bugi^y, gig or other vehicle, and for freight, such
rates of ferriage as may be established annually by the
county court of said county of Rock Island : Provided^ ProTiBo,
that such rates shall be reasonable.
§ 5i For the privileges herein granted the said Harvey Tax.
P. Jones, his heirs and assigns, shall pay into the county
treasury of said county of Rock Island such annual tax as
may be assessed by the county court of said county, not
exceeding ten dollars, and in default of the payment of said
tax the said Jones, his heirs and assigns, shall forfeit the
sum of twenty dollars, to be recovered in an action of debt
in the name of said county, before any justice of the peace
tlierein, subject to appeal as in other cases. Tliis act to
be repealed whenever the public good requires.
Tliis act to take effect and be in force from and after its
passage.
Approved February 17, 1851.
AN ACT to incorporate the Metropolis City, Vienna and Marion Planli PvoaJ Com- In force Pebru-
pany. ary 17, 1861.
Section 1. Be it enacted hi) the people of the State of
Illinois, represented in the General ^dssembly, That John
Hanna, John W. Read, Isaac M. Kelly, David Y. Bridges, Corporation.
Worthington J. Gibbs, James Monroe Campbell, their suc-
cessors and assigns, be and they are hereby constituted and
appointed a body corporate and politic, under the name and
Style of "The Metropolis City, Vienna and Mario;i Plank style.
Road company ;" and by that name and style shall be, and
they are hereby made capable in law and equity, to sue P°^^'"®'
and be sued, plead and be impleaded, defend and be defen-
ded, in any court or place whatsoever ; to make, have and
use a common seal, and the same to renew at pleasure ; and
by that name and style shall be capable in law of purcha-
sing, holding and conveying real and personal estate, for the Property.
purposes and uses of said corporation ; and shall be and
are hereby vested with all the powers, privileges and im-
munities which are or may be necessary to carry into effect
the purposes and objects of this act, as hereinafter set forth.
§ 2. The said company are hereby authorized and em- Objects.
powered to locate, construct and finally complete a plank
road from Metropolis City, in Massac county, on the most
eligible route, in the direction of Vienna, in Johnson coun-
ty, and Marion, in Williamson county, in such manner and
form as they shall deem to be most expedient ; the said
1851.
318
road to be of such width as the said company, or the presi-
dent and directors thereof, may deem most advisable.
Capital stock. § 3. The Capital stock of said company shall consist of
one thousand shares, at fifty dollars per share, to be here-
after increased to such an amount as will be necessary to
construct the said road. And the immediate government
and direction of the affairs of said company shall be vested
in a board of not less than five directors, who shall be cho-
sen by the members of the corporation, in the manner here-
inafter provided, and shall hold their offices until others are
duly elected and qualified ; and the said directors, a majority
of whom shall form a quorum for the transaction of busi-
ness, shall elect one of their number to be president of the
board. The members of said company shall meet annually,
or oftener, if deemed necessary, at Metropolis city, at such
Directors. ^^^^^ ^^ ^'^^ said president may direct; at which meeting
the said directors shall be chosen, by ballot, each proprie-
tor being entitled to as many votes as he holds shares. And
any two of the individuals first named in tiiis act are here-
by authorized to call the first meeting of said company, by
giving notice thereof, of the time, place and purpose of
such meeting, at least ten days before the time mentioned
in said notice. Said notice may be given in a newspaper,
if one shall be printed in the county where the meeting is
to be held, if not then the same shall be posted up in four
of the most public places in said county.
isy-iaws. § 4. The said company shall have power to make, or-
dain and establish all such by-laws, rules and regulations
and ordinances as they may deem expedient and necessary
to accomplish the designs and purposes of their said cor-
poration, and for the transfer and assignment of its stock,
and the 'conveyance of its property, and the well ordering,
regulating and securing of the interest and affairs of the
company: Provided^ the same be not repugnant to the con-
stitution and laws of this state and of the United States.
§ 5. Said board of directors are hereby authorized to
receive subscriptions to the stock of said company, when
and where, and after such notice, as they or a majority of
them shall agree ; and they are hereby authorized to levy
assessments upon the capital stock subscribed,[at such times
and in such way and manner as may be necessary for the
Proviso. construction and completion of said road: Provided^ that
no more than fifty dollars shall be assessed upon any one
share. The said directors shall give notice of all such as-
sessments; and in case any subscriber shall neglect to pay
his assessment within thirty days after due notice thereof,
the share or shares of such delinquent subscriber may, by
the order of said directors, be sold at public auction, after
giving due notice thereof, to the highest bidderj and the
ProTiso.
Subscriptions.
319 1851.
same shall be transferred to tlie purchaser, and such delin-
quent subscriber shall be held accountably to the company
for the balance of his share or shares shall sell for less tlian
the assessments due thereon, with interest and costs of sale,
and he shall be entitled to the overplus, if his share or sliares
'shall sell for more than the assessments, with interest and
costs of sale.
§ 6. Said company are authorized, as soon as the board Toll-gates,
of directors are elected, to commence the construction of
said plank road; and as soon as any three miles of said road
shall be completed they may erect toll-gates thereon and
collect the toll allowed by this act. Said compan}- shall Tolls,
keep said road in repair, and shall have power to construct
bridges and causeways over sloughs, ponds and streams ^'®P^""^*
any where on the route of said road, when the same shall
be necessary; and said company shall have power to bor-
row money, not exceeding fifty thousand dollars, to aid in
constructing said road.
§ 7. Said company shall have power to fix and regu- Repiiationof
late the tolls to be cliarged and paid for passing on said *^"'^'^-
road: Provided, said tolls shall not exceed the followincr„ .
rates: for every vehicle drawn by one animal, three cents
per mile; for every vehicle drawn by two animals, four
cents per mile, and one half cent additional for each mile
for every animal more than two; for every ten head of neat
cattle, one and a half cents per mile; and for every ten head
of sheep or swine, one and a half cents per mile; and for ■
every horse and rider or led horse, one and a half cents per
mile. And it shall be lawful for any toll gatherer to stop
and detain any person going over said road, until the toll
properly chargeable shall be paid; and any person who
shall use said road and refuse to pay said toll shall forfeit
and pay for such refusal the sum of five dollars, to be col-
lected by said company, by action of debt, before an^' jus-
tice of the peace of the proper county.
§ 8. The said corporation shall be allowed two years
from the passage of this act to commence the construc-
tion of said road, and shall complete the same within two
years from the commencement thereof; and upon a failure
to do so, this charter shall be forfeited.
§ 9. The said company is hereby authorized to locate Ri^iit of way.
and construct said plank road over any lands owned by
this state, or by individuals on the route of said road. Such
company shall pay all damages that may arise or accrue
to any person or persons by means of taking their lands,
timber, rock, stone or gravel, for the use of said road; and
when the same cannot be obtained by consent of the owner Damages.
or owners upon reasonable terms, it shall be estimated and
1851.
320
recovered in the manner provided by law for the recovery
of damages happening by the laying out of highways.
This act to take effect from and after its passage.
Approved Feb. 17, 1851.
In force Febru-
ary 17, 1851.
Corporation.
Style.
Location.
Powers.
Stock.
Limitation.
Election of trus-
tees.
AN ACT to incorporate the Naperville Academy.
Section 1. Be it enacted by the people of the State of
Illinois, represented in the General Assembly , That Hope
Brown, Henry L. Peaslee, Salinas M. Skinner, John Col-
lins, and Aylmer Keith, and their associates, be and they
are hereby created a body politic and corporate, by the
name and style of "Naperville Academy," and by that name
and style to have perpetual succession. The said institu-
tion to be located in the town of Naperville, Du Page coun-
ty, and state of Illinois.
§ 2. The corporation hereby created shall have power
to contract, to sue and be sued, to plead and be impleaded,
to grant and receive by their corporate name, to accept of
donations, acquire by purchase, or to sell property, real^
personal or mixed, in all lawful ways and means; to use,
manage, employ and dispose of all such property or money
belonging to said corporation as to them shall seem meet for
the promotion of the objects and interests of said corpora-
tion; to have a common seal, to alter and change the same
at pleasure; to make and establish all such by-laws and reg-
ulations for the management of said institution as may be
necessary and proper, and not inconsistent with the consti-
tution and laws of this state or of the United States; and to
confer on such persons as may be wortliy such academical
or honorary degrees as are usually conferred by similar in-
stitutions in like cases.
§ 3. The stock of said company shall consist of shares
of ten dollars each, to be subscribed for in the manner that
the trustees shall direct, and which shall be deemed per-
sonal property, and shall be transferable on the books of
said corporation in such manner as the board of trustees
may prescribe. The capital stock shall not exceed the
sum of twenty thousand dollars.
§ 4. On the second Monday of April, eighteen hundred
and fifty-one, there shall be elected by the stockholders, or
such of them as may be present, nine trustees, to manage
the affairs of the corporation. Three of said trustees shall
be elected for one year, three for two years, and three for
three years; and on the second Monday of April in each
and every year thereafter there shall be elected as afore-
321 ■ 1851.
said three trustees to fill the vacancy of those whose terms
shall expire. Notice of said elections shall be given for ten
days, eitiier by publishing the same in a newspaper pub-
lished in tiie town where the academy is located or by post-
ing up notices in three public places in said town.
§ 5. The trustees of said corporation shall have authori- I'o^er of trus-
ty to prescribe and regulate the course of studies to be pur-
sued 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 tiie institution, to define their duties, to fix
their compensation, to displace or remove them; to erect
necessary buildings; to purchase books, chemical and phi-
losophical apparatus and other suitable means of instruc-
tion; to make rules for the general regulation of the con-
duct of the students ; to sus})end or expel any students
whose habits are idle or vicious, or whose moral character
is bad, or who refuses to obey the rules of the academy.
§ 6. The board of trustees, at their first meeting after officei-s.
each election, shall choose one of their number as presi-
dent, and another as secretary of the board, and some per-
son as treasurer. Said board of trustees may meet for the
transaction of business as often as the president shall direct,
or on request of any three of said trustees, any five of whom
shall constitute a quorum for the transaction of business.
The treasurer of the institution shall always, and all other
agents when required, before entering upon the duties of
their appointments, give bonds for the security of the cor- Bonds.
poration, upon such conditions and in such penal sum and
with such securities as the board of trustees shall approve.
The secretary shall keep a record of the proceedings of all
meetings of the stockliolders and directors, and cause the
notices of the annual elections to be given as required in
section four.
§ 7. The said institution shall be open to all religious de- ^^^J^g^'^^^^JfjJ^
nominations, and the profession of no particular religious teachers or ^u-
faith shall be required, either of officers or pupils. i"^^-
§ 8. There shall be attached to said academy a prima- Trimary de-
ry department, in which shall be taught all the branches pii'tmont. ,
which are usually taught in common schools in this state;
and said department may become and thereafter constitute
the common scliool of the district in which said academy
may be located, in manner as hereinafter pro^'ided.
§ 9. It shall be the duty of the school directors of the Tax.
district in which said academy is situated to give at least
ten days' previous notice, by posting up written notices in at Notice.
least three of the most public places in said district, that on
the taiid Saturday in April, Anno Domini eighteen hundred
and fifty-one, there will be a meeting held at (naming the
place within the district,) for the purpose of voting for or
1851. 322
against a tax to be levied on the taxable property of the dis-
trict, of any sum not exceeding five hundred dollars in each
succeeding two years, to be applied towards erecting and
furnishing the building to be erected by this corporation; at
which meeting the said directors shall be judges, and sliall
appoint a clerk from among the legal voters present; and if
a majority of the legal voters who may be present at such
meeting shall vote in favor of such tax then said primary de-
partment shall be and constitute the common school of said
district, and the trustees of said academy shall thenceforth
constitute the school directors of said district, and shall ex-
ercise all the powers and discharge all the duties which now
are or which may hereafter be conferred by law upon
school directors in this state; shall receive from the school
commissioner of the county or the school treasurer of the
township the same proportion of money, and apply the same
to the support of said primary department in the same man-
Proviso, ner as other common schools are paid and kept: Provided^
that the teachers or instructors of the said department
shall be selected by the trustees, and be under the control
Further proviso, of the by-laws of Said corporation: And 'provide.d^furthtr^
that if at any time said district shall be divided, or said
academy shall be set off into any other district, then said
department shall constitute the common school of the dis-
trict in which said academy shall be located for the time
being.
Acts of trustees. § l^- The above named persons sliall be deemed trus-
tees until others are elected, and they are hereby empow-
ered to appoint all necessary agents and officers whose
offices shall expire with their own; and all bargains and con-
tracts made by them and all subscriptions obtained to the
stock of said corporation, together with all other acts done
by them as such trustees, are hereby confirmed and made
as binding on ail the parties interested as if such bargain,
contract, subscription and other acts liad been made after
the passage of this act.
Part of act sus- § H- That SO much of the act entitled "An act to estab-
ijended. Hsh and maintain common schools," in force April thir-
teenth, A. D. eighteen hundred and forty-nine, as conflicts
with this act, so far ^s relates to the school district in
which said academy is or may be located, is hereby suspen-
ded. And the legislature hereby reserves to itself tiie right
Right to repeal, to alter, amend or repeal so much of this act as relates to
said common school, whenever a majority of the legal voters
of said district shall petition for such alteration, amend-
ment or repeal.
§ 12. This act to be in force from and after its passage.
Approved February 17, 1851.
323 1851.
AN ACT to amend the charter of the town of Mount Carmcl, in "Wabash county. I" '"'"'ce, when
approved by
the legal vo-
Section 1. Be il enacted hy the people, of tlie State of tersofMt.Car-
Illinuis, represented in the General t,'3sse77ibli/, That the ^'^^'
trustees ot" the town of Mount Carmel, and their succes- p^^^j.^^
sors, or a majority ofthem, shall liave full power and author-
ity 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 into
execution such by-laws, regulations and ordinances 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.
§ 2. That the said trustees shall have power to levy and Annual tax,
collect an annual tax, not exceeding one per cent., on all •
lots and improvements and pei'sonal property lying and be-
ing within the incorporated limits of said town, according
to a valuation of its actual worth; to tax public shows and
houses of public entertainment, taverns, stores, groceries,
and all pedlers, whether selling their commodities by pri-
vate sale or public auction, for the purpose of making and ^ppjigation.
improving the public streets, lanes, alleys, causeways, side
walks or foot paths and drains, and for keeping them in
good condition and repair, and for the purpose of erecting
such buildings and other works of public utility as the in-
terests and convenience of the inhabitants of said town may
require and the circumstances render proper and expedient;
and said trustees, and their successors, may adopt such
means and modes for the assessment and collection of tax- '^^^T!^w!!!^ ^^'^
. . , . collection.
es as they may from time to time fix upon and determine ;
and they shall* prescriUe the manner of selling property,
when the tax levied upon it is not paid: Provided, no sale pj-^yiso.
of anj^ town lots or other real estate shall be made until
public notice of the time and place shall be given, by ad-
vertisement in some newspaper published in or nearest to
said town and at four ol the most public places in said town,
at least twenty days previous thereto: Provided, that in Further proviso,
conducting such sale the provisions of the act concerning
public revenue, so far as may be applicable, shall be com-
plied with.
[§ 3.] The trustees of said town, or a majority of them. Power of trns-
shall have full power and authority to preserve good order **^^"
and harmony in said town; to punisli for open indecency,
breaclies of the peace, gambling, gaming houses, horse
racing, shooting, and all disorderly houses and riotous meet-
ings ; to remove all obstructions in the streets, public ways
1851. 324
and drains of the said town, as well where such drains run
through the lots or lands belonging to individuals as where
they may run in the public streets ; and shall remove all
nuisances, of every kind and description whatsoever; for
doing and performing all said purposes and duties they shall
make such by-laws and ordinances as to them may seem
expedient, 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 resi-
ding in said town, in the same manner as other debts and
dues are collected; and all suits and judicial proceedings
under this act shall be brought in the name and style of the
president and trustees of the town of Mount Carmel.
Duty of justices [§ 4.] It shall be the duty of any justice of the peace
of the peace, residing in said town, and he is hereby authorized and em-
powered, upon the violation of any law or ordinance of said
corporation, to issue his warrant, directed to the town con-
stable or any authorized county officer, to apprehend the
*ofFender or offenders and bring them or him forthwith be-
fore him; and after hearing the evidence, if it shall appear
that the said accused has been guilty of the violation of any
such law or ordinance of the corporation, to impose such
fine or imprisonment as shall be pointed out or fixed in such
Proviso. law or ordinance: Pi^ovided^ such fine shall not exceed fifty
dollars, and imprisonment not to exceed twenty-four hours
for every five dollars of the amount of said fine: »^flnd fur-
¥nxihQr:^xoviso.ther provided, however, that writs of certiorari and ap-
peals 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 to the county or circuit
court, by entering into bond or recognizance, as the case
may require, before the justice of the peace, within twenty
days after the rendition of the judgment, with such securi-
ties and in such an amount as the justice shall think right
and proper; and all fines imposed fox a breach of the peace
! or any violation of the corporation ordinances shall be paid
into the treasury of said corporation.
Redemption of [^ 5.] That when any town lots or real estate shall be
fonaxe?.''°^'^sold for taxes, by virtue of this act, the same may be re-
deemed at any time within two years of 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 of said property, the full
amount of purchase money, with interest, at the rate of
twelve per cent, per annum, together with the costs accru-
ing thereon.
Special tax. [§ 6. J That upon the application of the owners of more
than one half of tiie 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
325 1851.
street, accordiiif^ to their respective fronts, not to exceed
one per cent., for the purpose of grading and paving the Object.
said street.
[§ 7.] That all ordinances of said trustees shall be fair- ordinances.
ly written out, signed by the clerk, and published in a news-
paper printed in the town, or posted up at four of the most
public places in said town ; and no ordinance shall be in
force until })ublished, as aforesaid, at least ten days.
[§ 8.] The justices of the peace and constable, who Fees.
are required to render services under this act, shall be en-
titled to the same fees and collect them in the same man-
ner as is now or may be hereafter provided by law.
[§ 9.] That the president, or any two of the trustees, Meetings of
shall have power to call a meeting of the board, by giving ^"^ ®^°*
one day's notice thereof; and a majority shall constitute a
quorum to do business, but a minority shall have power to
adjourn from time to time, to compel the attendance of ab-
sent members; and in the event that the notice of an elec-
tion is not given, or from any other cause the annual elec- ■
tion for trustees shall not be holden at the proper time, it
shall be lawful for the late clerk of the board, or any two
qualified voters in said town, at any time thereafter, to give
twenty days' notice of the time and place of a special elec-
tion of a boai-d of trustees; and the board of trustees so Special eiec-
elected at such special election shall have all the powers of
a board of trustees in the same manner as if they had been
elected at the regular time.
[§ 10.] Be it further enacted., That the town of Mount Subscriptions to
Carmel, through the board of trustees, are hereby author-
ized to subscribe to the capital stock of the Alton, Mount
Carmel and New Albany railroad company an amount not
exceeding one hundred thousand dollars, also an amount
not exceeding one hundred thousand dollars to the capital
stock of the Mount Carmel Manufacturing company ; and
for the purpose of paying such subscription said town of
Mount Carmel, through its board of trustees, are hereby
authorized to make and issue the bonds of said town, bear-
ing a rate not exceeding ten per cent, per annum, pa3'ab]e
to either of the said companies, or any other person or per-
sons or body corporate or other agent whom said compa-
nies, or eitlier of them, may appoint to receive the same :
Provided., Iwivever., whenever such subscription is proposed Proviso.
to be made, it shall be the duty of the trustees of the said
town of Mount Carmel to order a vote of the taxable in-
habitants and legal voters of the said town, who are enti-
tled to vote in said town, by publication of notice in a pub-
lic newspaper, if one be printed in said town, or by posting
said notices in four of the most public places in said town;
said notice setting forth and stating that upon a certain day,
not less than twenty days from such publication, that a vote
1851. 326
of the taxable inhabitants and all legal voters of the town
I of Mount Carmel will be held, to decide whether the town
of Mount Carmel shall make such subscription as proposed
by the board of trustees ; said publication stating the amount'
proposed to be subscribed, the company and the amount and
terms of the bonds proposed to be issued. Said vote shall
be taken by ballot, at the usual place of election; and if
the majority of the votes cast shall be in favor of the propo-
sition of the common council, then the subscription shall be
made, otherwise the board of trustees shall proceed no
further with the same.
When act to be [§ H-] This act is not to take effect and become a law
in force. until the legal voters of the said town of Mount Carmel,
authorized to vote for town officers, shall have accepted
this act amending the charter or act of incorporation of said
town, by a vote of a majority of all tlie persons who shall
vote for or against the acceptance and adoption of this act
as apart and parcel of the charter or act of incorporation
of said town of Mount Carmel; an election for which pur-
pose shall be held whenever the board of trustees siiall give
twenty days' notice thereof, by publication in the newspa-
per printed in said town, and by posting up notices thereof
in at least four public places therein; at wliich election this
amendment to the charter or act of incorporation of said
town of Mount Carmel is to be adopted or rejected.
Approved Feb. 17, 1851.
DEPARTMENT OF STATE,,
State of Illinois.
r, David L. Gregg, secretary of state of the state of Illinoisj hereby certify the foi-egoing to be
true and perfect copies of the enroUed laws deposited in this office; the words printed in brackets,
thus [ ], in the several laws in which they occur, not beinj; hi the enrolled laws, but are intro-
duced for the purpose of. con-ecting and explaining the same.
In testimony whereof, I have hereunto subscribed my name, at Springfield, this 25th day of June,
ISil,
DAVID L. GKEGG,
Sccrelanj of State.
INDEX.
PAGE.
1
PAGE.
A.
Alton-
copying of records relatin<j to
Academies —
real estate in the city of, author-
Illinois Conferpnce Female Acad-
ized,
£62
emy. See Incorporations,
S5
conectn^ss of copies, how to be
Granville Academy. See Incor-
verified,
262
porations.
lOG
copies to be evidence.
263
Astoria Seminary. See Incorpo-
fees of recorder,
263
rations.
171
record of plats, where to be made.
263
Paris Male and Female Seminary.
American Bottom Plank Road —
See Incorporation?',
211
tolls allowed on completed por-
Fayette County Seminary. See
tions of,
273
Incorporations,
2:]5
suits to collect subscription5 au-
WesJeyan Seminary of Peoria.
tbor'zed,
273
See Incorporations,
277
time for completion of road ex-
tended,
AVhitehall ftlale and Female Acad-
273
emy and Orphan Asylum. See
vacation of road authorized,
273
Incorporation?,
270
American Bottom Drainage company.
Mt. Palatine Academy. See Jud-
See Incorporations,
183
son Collpi;p,
299
Ames, Billy, ceraetary for the use of the
Hennepin Union Seminary, See
heirs of, established, - ,
281
Incorporation?,
312
Appropriations for services and supplies
Naperville Academy. See Incor-
in the Mormon war.
101
porations,
320
Armstronsr, William E., securities of, re-
Alton and Sangamon Railroad Compa-
lieved.
4,5
ny —
Association, Young Men's, of Chicago.
authorized to change route from
See Incorporations,
35
Carlinville to Sprint;field,
35
Astoria Seminary, act to incorporate.
authorized to construct continua-
See Incorporations,
171
tion to Bloomine;ton, -
75
Auditor —
capital stock increased, -
75
to settle with collector of Galla-
commencementand completion of
tin,
IS
extension,
76
to issue warrants to certain per-
branch, tlirou£;h Pekin,to Peoria,
sons. See Rplief, - 101,
102
authorized, -
279
to audit account of David VV.
increase of capital stock, ''-
279
Hopkins,
132
additional directors.
279
to issue warrant to William J.
Alton and Mount Carrnel Kailroail —
Stephenson, -
176
acts of the directors of, ratified,
259
to receive swarap land certifi-
former act revived,
259
cates.
187
proviso repealed.
2 GO
to make entries of swamp land
special election, when to be or-
certificates, -
187
dered.
260
to re-convey certain property to
authority fo borrow money,
260
Henry Crider and James Oli-
authority to construct branches,
2C0
• ver.
228
union with other roads,
260
fo settle with Thomas S. Brock-
Alton-
man,
229
charter of the city of, amended,
262
to release amount of errors to said
issue of bonds authorized,
262
Brockman, -
229
[ ii J
INDEX.
PAGE,
Anditor —
to convey certain lots, &c., to
Tlioraas S. Brockman, - 229
to take additional security from
the sureties of Meredith J.
Blockberger, - 234
to (IravvTvarrant in favor of Green
Massey, - - 234
to draw v^arrant in favor of An-
drew Miller, - 292
E.
Belleville Literary Society. Election of
trustees of, legalized, 19
school association, election of
trustees of, legalized, 19
purchase of property by trustees
of, legalized, 20
incorporation of the city of, legal-
ized, 111
official acts of mayor and council,
confirmeil, 112
authority to borrow money, 112
Be&rdstown, alley in the town of, vaca-
ted, 310
Beneficial Association ot Quincy. See
Incorporations, 288
Big Saline creek. See Mill-dam, 244
Big Vermilion, tolls for crossing bridges
of, 4
Blockberger, Meredith J., sureties of
relieved, 234
Bridge, William Dickson authorized to
build across Rock river, at
Camden, - - 189
mode of construction, - 189
1 rates of toll, - - 189
list of tolls to be posted up, 189
penalty for injuring bridge, 190
to be ke[)t in repair, - 190
temporary ferry authorized, 190
right of way granted, - 190
damages, how ascertained, 190
joint slock company authorized, 190
exclusive riglits conferred, 191
former acts repealed, - 191
limitation of act, - 191
Bridge. See Elgin, - . 109
Bridge. See Dixon, - - 230
Wiley Webb auttiorized to estab-
lish across Little Wabash river, 290
Bridge Company. See Union Bridge
Company, - - 250
Brockman, Tliomas S , act for the relief
of, amended, - 229
released from penalty on judg-
ment, - . 229
Bazan, Louisa, guardian of, permitted to
settle his guardianship, 41
county court of Montgomery to
appoint receiver, - * 41
money to be paid over, - 41
duty of receiver, • 41
liability of receiver, - 41
Byron, parts -of streets in the town of,
vacated, - - 46
c.
Cairo Dock company. See Incorpora-
tions, - - 221
Canal trustee, to refund money to Adam
Johnson and William McGirr, 276
Canton Cemetery company, act to incor-
porate. See Incorporations, 43
Carlyle, part of the town plat of, vaca-
ted, - - 30
Carrollton lods;e. See Incorporations, 56
CedarviUe. See Harrison, - 277
Central Railroad. See Incorporations, 61
276
Central Military Tract Railroad compa-
ny. See Incorporations. 19J
Cemetery, for the use of the heirs of Bil-
ly Ames, established, - 281
Walnut Hill, exempt from taxes, 289
exclusive privileges, - 2S9
Clarion Association. See Incor-
porations, - - 291
Moline. See Incorporations, 304
Chester. See Ferries, - 289
Chester Branch Railroad. See Incorpo-
rations, - - 243
Chicago and Milwaukee Railroad. See
Incorporations, - 266
Chicago, Marine Insurance company, act
to incorporate. See Incorj>ora-
tions, - - 25
Young Men's Association of. Sea
Incorporations, - 35
Building Association. See In-
corporations, - 39
act of incorporation and amenda-
tory acts consolidated. See
Incorporations, - 132
City Hydraulic company. See
Incorporations, - 213
Cities, Peru incorporated. See Incor-
porations, - - 115
Chicago, acts relative to consoli-
dated. See Incorporations, 332
Coal companies. See Illinois Coal com-
pany, - - 33
See Mount Carbon Coal compa-
ny, - - 45,171
See Shawnee Coal company, 102
See Mining, - - 286
Columbiana, Samuel R. Perry and John
D. Fry authorized to erect a
pier or wharf at, - 131
Colleges, charter of McDonough college
amended, - - 11
Knox County Manual Labor col-
lege, charter of amended, 38
Sburtleff college, number of trus-
tee- of, increased, 126,250
Farmers' College. See Incorpo-
rations, - - 181
INDEX.
[iii]
Collesjes, Jmlson college. See Incorpo-
ration';, - - 299
Como, certain public lots in the town oT,
vacated, - - 127
Commons, of Kaskaskia. See Incorpo-
rations, - - 5
of Piairie Dii Rocher. See In-
corporations, - 51
Compher, William, securities of, reliev-
ed, by extendiiiof time for pay-
ment of judgment, - ni
Cook County Mirine Dry Dock compa-
ny. See Incorporations, 274
Corr, Thoma<i, released from his recog-
nizance a3 security of James
H. Hall, - - 79
Corporations. See Incorporations.
D.
Dickson, William, authorized to build
tnll-hridge across Rock river,
at Camden, - - 189
Dixon, Frederick C. McKinney, author-
ized to build a toll bridge at the
town of, - - 230
comtnenceraent and completion of
bridge, - - 230
toll-^ate and tolls authorized, - 230
bridge to be kept in repair, - 230
exclusive right sranted, - 231
Dorsett, Henry W., released from liabil-
ity, - - -126
Drainage. See American Bottom Drain-
age company, - - 183
Dry Dock. See Cook County Marine
Dry Dock company, - 275
E.
Elgin, town of, authorized to levy tax, - 109
proceeds of tax, how applied, - 109
tax to be levied from assessment
of 1850, - - no
collector to give bond, - 110
disbursement, how to be made, - 110
Embarrass River Navigation company.
See Incorporations, - 198
English, William, authorized to establish
ferry, - - 3
Executor. See Nilson, John, - 301
F.
Fayette County Seminary. See Incor-
porations, - - 235
Ferry —
William English authorized to estab-
lish at Warsaw, - - 3
annual tax to be paid to the town
of Warsaw, - - 3
exclueive privilege granted, - 4
Ferry —
at La Salle, authorized, - - 3 }
tolls may be collected, - ;-J3
appropriation of taxes, - .33
plank road authorized, - 33
across the Wississippi river, to bo es-
tablished by Wade H. Eldridge, 45
to b^ kept in good condition, - 45
subject to payment of tax, - 45
across the Illuiois river at Liverpool,
to be established by Hiram J.
Graham, - - 57
duty of Hiram J. Graham, - 57
county court of Fulton to have
supervision of, - - 57
rights in certain cases to be for-
feited, - - 58
at Brooklyn, Massac county, across
the Ohio, - - 58
authority to T. G. C. Davis and
Charles Pell, - - 58
mode of furnishing and managing, 58
place of landing, - - 58
rales of toll, - - .58
across the Illinois, authority to Jere-
miah Crotty to establish, - 85
rates of fe riage, - - 86
restrictions, - - 86
at Peru, La Salle county, - .59
authority to Zimri Lewis, - 59
location of ferry. - - 59
privileges and restrictions, - 59
powers of corporation of Peru, - 59
across the Mississippi, in St. Clair
county, act to establish, amend-
ed, - - - 99
exclusive privilege for thirty
years, granted, - - 99
forfeiture, when to be incurred, - 100
ferries in Pike county, on the Missis-
sippi, authorized to pay license
by work on roads, - 104
Thomas S. Parks authorized to con-
struct across Mississippi, at
Huntsville, - -110
duration of privilege, - 110
across the Illinois river, at Naples, to
be established by Murray Mc-
Connell, - - 125
rules of ferriage, - - 125
right to make dykes and embank-
ffients, - - 125
parts of Revised Statutes to be
part of charter, - - 125
at Albany, Whiteside county, time ex-
tended to Samuel Mitchell, - 126
Bryan Shawnessy and Henry Simmons
authorized to establish, at Cai-
ro, - - - 127
rates of ferriage, how regulated, 128
duration of privilege, - 128
across the Mississippi, in St. Clair
county, act relative to, amend-
ed, - - - 130
St. Clair county released from
payment to the state, - 130
[iv]
INDEX.
PAGE.
Ferry —
across Rock river, at Cleveland, to
be e^itablished by Young Stokes
and J. W. Taylor, - 220
good boats and good accotntnoda-
tioiis required, - - 220
exclusive privilege conferred, - 221
across the Kaskaskia, in Clinton coun-
ty, declared to be an establish-
ed f rry, - - 231
Frederick Ferry, Dyke and Plank
Roail company. See Incorpo-
rations, - - 271
at Chester, act relative to, amended, 289
steam ferry authorized, - 289
across the Illinois, time pxtended to
school trustees of T. 13 N., K.
10 E. third principal meridian, 297
William R. Kendall authorized to es-
tablish across the Mississippi
river, from the Vandorn lands, 299
Adonirara J. Brown authorized to es-
tablish across the Mississippi,
at Port Byron, - - 303
Harvey P. Jones authorized to estab-
lish across the Mississippi, at
Moline, - - 316
Franklin Marine and Fire Insurance
company. See Incoiporations, - 281
Frederick Ferry, Dyke and Plank Road
company. See Incorporations, - 271
Freeport, part of town plat of, vacated, 86
re-survey authorized, — 86
surveyor to be sworn, - 86
character of survey, - 86
designation of corners, - 87
plat to be made and recorded, - 87
expense of re-survey, - 88
G.
Gallatin, relief to the collector of, - 18
Galena Insurance company. See Incor-
pnritiions, - - 205
Galena Forum and Literary Institution.
See Incorporations, - 245
Georgetown, name of, changed to Steel-
villp, - - - 265
German Beneficial Association of Quin-
cy. See Incorporations, - 288
Granville Academy. See Incorpora-
tions, - - 106
Griggsville and Illinois River Plank
Road. See Incorporations, - 306
Graysville, town of, incorporated. See
Incorporations, - - 237
H.
Harrison, name of town of, changed to
Cedarville, - - 277
Hanchete, James H., authorized to build
a bridge across Rock river at
Oregon, - - 311
61
Hennepin Union Seminary. See Incor-
porations, - - 312
Hennepin, addition to town of, - 315
power of trustees relative to
health, - - 315
special lax for purpose of side
walks, - - 315
vote to he taken, — — 315
but one assessor to be elected, — 315
street commissioner to be appoin-
ted, - - - 315
duties of street commissioner, — 315
corporation declared valid, - 315
certain streets and alleys vacated, 316
Hopkins, David W., sureties of, relieved, 132
L
Icarian Community. See Incorpora-
tions, - - 114
Illinois Coal company, charter of amen-
ded, - - - 33
authority to establish branch
roads, - - 34
lerry privilege allowed, - 34
restriction as to loadS, - 34
Illinois Conference Female Academy,
name of changed, - 35
Illinois Central Railroad compa-
ny, act to incorporate. See In
corporations, —
supplemental act, - - 276
Illinois Liberal Institute. See Incorpo-
rations, - - 246
Illinois and Michigan Canal, state trus-
tee of, to refund money to
Adam Johnson and VVm. Mc
Girr, - - 276
Illinois river, act for improvement of.
See Incorporations, - 80
Illinois and Wisconsin Railroad compa-
ny. See Incorporations, - 108
amendatory act, - - 274
Insurance companies —
Springfield Marine and Fire Insu-
rance company created. See
Incorporations, - - 13
Chicago Marine Insurance company.
See Incorporations, - 25
Galena Insurance company. See In-
corporations, — - 205
Union Insurance company of Illinois.
See Incorporations, - 223
Franklin Marine and Fire Insurance
company. See Incorperations, 281
Incorporations —
President and Trustees of the com-
mons of Kaskaskia, - 5
general powers, - - 5
election of officers, - -6
division of commons, - 6
lease of lots, - - 6
mode of leasing, - - 6
application of proceeds, - 7
INDEX.
[ v^]
Incorporations —
President ami Trustees of the commons
of Kasivasicia, meetings of trus-
tees, - - 8
vacancies, how filled, - 8
power of president of trustees, - S
treasurer to give bond, - 8
superintendent of schools to be
appointed, - - 9
qualification of voters, - !)
qualifications for office, - 9
mode of conducting elections, - 9
suits for trespass authorized, - 9
inhabitants to be competent wit-
nesses, - - 9
money may be loaned, - 10
ortjanization, - - 10
Springfield Marine and Fire Insurance
company, - - 13
general powers, - - 13
capital stock, - - 13
increase of stock, - - 13
character of insurance, - 14
execution of policies, - 14
restrictions, - -14
stock may be loaned, - 14
may own real estate, 14, 15
commissioners to open books, - 15
directors, - - 15
time of elections, - - 16
manner of elections, - 16
officers, how chosen, - 1 6
quorum for transaction of busi-
ness, - - - 16
amount of capital stock to be an-
nually published, - - l(i
dividends, - - IG
issue of notes for circulation pro-
hibited, - .17
organization, - - 17
^orth-western University, . 20
names of corporators, - 20
style of corporation, - 20
general powers, - - 20
official term of trustees, - 21
number required to form quorum, 21
powers oi annual conference of
Methodist E|)iscopal church, - 21
location of university, - 21
power to hold real estate, - 21
application of property, - 21
limitation of real estate, - 22
treasurer to give bond, - 22
legal process against corporation, 22
employment of teachers, &c., - 22
power to confer degreei, . 22
proceedings in case of violation
of charter, - - 23
S»line Coal and Manufacturing com-
pany, - - 23
names of corporators, - 23
Btyle of corporation, - 23
general powers, - - 23
authority to employ agents, - 23
power to acquire real estate, - 23
poflr«r to construct railroads, Ac, 23
36
PAGE.
Incorporations —
Saline Coal and Manufacturing com-
pany, proceedings to obtain
right of way, - - 24
navigation of Saline river not to
be impaired, - - 24
acts repeiiled, - - 24
Chicago Marine Insurance company, 25
style of corporation, - 25
amount of capital stock, - 25
number of directors, - 25
annual meetinj[s of directors, - 25
special meetings, ~ - 26
character ot insurance, - 26
restrictions, - - 26
election of directors, - ij6
financial committee, - 27
statement of funds, - - 27
commencement of operations, - i>7
annual report, - - 27
power of judge of circuit court, - 28
examination of officers and
books, - - 28
duty of circuit court in case of vi-
olation of provisions of cliar-
ter, - - -28
duration of corporation, - ;og
Terre Haute and Alton Railroad com-
pany, - - 29
names of corporators, - 29
style of corporation, - 29
duration of corporation, - 29
route of railroad, . 29
amount of capital stock, - 29
books of subscription to be open-
ed, - - - 29
parties allowed to take stock, - 30
payment on subscriptions, - 30
election of directors, - 30
commencement of work, - 30
election of officers, - ■■ 30
directors to continue in office one
year, - - - 30
extension of road to Terre Haute, 31
authority to borrow money, - 31
banking privileges denied, - 31
right to purchase materials, «fcc.,
from the state, - - 113
right of way over state lands, - 113
Young Men's Association of the City
of Chicago, - .35
style of corporation, . 35
general powers, - - 35
objects of corporation, 35 36
officers, - - 36
meetings of corporation, - 36
authority to hold property, - 36
treasurer to give bond, . 36
limitation of r«al estate, - 3G
subscription of stock, - 37
commissionari, - - 37
meeting of stockholdera, . 37
election of officers, - - 37
authority to borrow money, - 37
conditions of membership, 37, 38
excess of profits how applied, - 3S
[ vi]
INDEX.
Incorporations —
Chicago Building Association,
names of corporators,
style ot corporation,
■jeneral powers,
object of association,
capital stock,
loans,
PAGE.
- 39
- 39
- 39
39,40
- 40
- 40
- 40
former acts of association legal-
ized, - - - 40
Canton Cemetery company, - 43
names of corporators, - 43
style of corporation, - 43
power to hold land, - - 43
power to hold personal property, 43
objects of corporation, - 44
officers, &c., their election, - 44
powers of trustees, - - 44
Commons of Prairie Du Rocher, - 51
names ot corporators, - 51
style of corporation, - 51
general powers, - » 51
election ol officers, - - 52
survey & division of commons, - 52
lease of lots, - - 52
proceeds of leases, how applied, 53
meetings of trustees, - 53
vacancies, how filled, - 54
rents to be annually paid, - 54
tieasurer to give bond, - 54
superintendent of schools, - 54
elections of trustees, - 55
suits for trespass, - - 55
loan of surplus funds, - 55
organization of board, - 56
Carrollton Lodge, No. 50, - 56
style of corporation, - 56
general powers of, - - 56
trustees of, - - 57
power to purchase and transfer
real estate, - - 57
evidence of organization, - 57
Illinois Central Railroad company, - 61
names of corporators, - Gl
style of corporation, - 61
general powers, - - 61
object of corporation, - 61
right of way granted, - 61
amount of capital stock, - 62
exercise of corporate powers, 62, 63
names of first board of directors, 63
power of president and directors, 63
authority to make by-laws, - 63
authority to levy and collect tolls, 63
penalty for injury to road, - 64
power to cross streams, high-
ways, &c., - - 64
connection with other roads, - 65
duty of conductors of trains, - 65
mode of forming trains, - 65
precaution against accidents at
crossings, - 65, 66
profile of road and branches to be
filed, • - 66
grant of land and right of way, - 66
conveyance to company, - 67
PAGK.
Incorporations —
Illinoi? Central Railroad company,
conveyance by company to trus-
tees, - - 67
provisions of deed of trust, 67, 68,69
sale of lands, - - 70
limitation of sales, - - 70
payments into the treasury, - 71
selection of lands, - - 71
vacancy in office of trustees, how
filled, - 71,72
power of corporate authorities of
cities, - - 72
lands exempt from taxation until
conveyance, - - 72
stock and property, when taxable, 72
acceptance of act by company,
when to be signified, - 73
prior lien of state, - - 73
pre-emptions, - - 73
consequence of failure to accept
charter, - - 74
construction of act, - 74
supplemental act, - - 27&
right of other roads to croES Cen-
tral road, - - 276
laying out of towns in the interior
of the state prohibited, - 276
Mount Carroll Mutual Manufacturing
and Hydraulic company, - 76
names of corporators, - 76
general powers, - - 76
capital slock, - - 76
exclusive privilege of subscribing
stock, - - 76
shaies to be transferable, - 76
directors, - - 77
election of officers, - - 77
inspectors of election, - 77
treasurer to give bond, - 77
time of annual meeting, - 77
vacancy in offices, how filled, - 77
corporation may own flouring
mill, - - 77
may purchase land for basin, - 78
power to call in stock, - 78
may issue bonds and borrow mo-
ney, - - - 78
commencement of operations, - 78
bonds, how executed, - 78
right of repeal reserved, - 79
River i3oard, - - 80
names of corporators, - 80
style of corporation, - 80
corporators to execute bond, - 80
vacancies in river board, how fil-
led, - - ' - 80
residence of members of river
board, - - 81
officers of board, - - 81
object of corporation, - 81
right of using private property, 81, 82
commencement of work, - 82
power to establish and collect
tolls, - - - 82
authority to borrow money, • 82-
INDEX.
[ vii J
Incorporations —
Kiver Board, contributions to be re-
ceived, . - 82
special tax authorized, - 83
record books to be kept, - 84
bonds to be transferable, . 84
abstract of proceediriss to be filed
in circuit clerk's oifice, - 84
disposition of surplus funds, . 84
fees ofcircuit and county clerks, 84, 85
Ohio and xMississippi Railroad com-
pany, - .89
names of corporators, - 89
style of corporation, . 89
general powers, - . 89
objects of corporation, - 89
right of way granted, . 89
power of entering on lands, &c., 90
power to hold real estate, &c,, - 91
mode of ascertaining damages, - 91
amount of capital stock, - 92
board of directors, their powers, 92
elections of directors, - 92
organization of board of directors, 93
powers of company, . 93
intersections with other roads, - 93
dividends, when to be declared, - 93
penalty lor injuries to road, &c., 93
junction with other roads, - 94
authority to issue bonds ana bor-
row money, . - 94
completion of road, - . f»4
liability of stockholders, - 94
restriction of route, - 95
Rockford and Rock Island Eailroad
company, - - 95
style of corporation, , 95
general powers, - - 95
commissioners to procure sub-
scriptions, - - 96
election of directors, . 96
amount of capital stock, . 96
number of directors, and their
election, - - 96
vacancies, how filled, - 97
payment of subscriptions to stock, 97
objects of corporation, - 97
right of way allowed, - 98
power to borrow money, - 98
duty to repair highways, - 98
union with other companies, - 98
penalty for injury ol road, &c., - 98
time allowed to commence work, 99
Shawnee Coal company, - ]02
style of corporation, - 102
powers of corporation & objects, 102
capital stock, - . i02
power to construct railroads to
landing on Ohio river, - 102
right of way, . . 102
authority to construct dock, - 103
restrictions to indebtedness, - 103
SaTenna Branch Railroad, - 103
to intersect Central road, -103
right to take private property
conferred, - - 104
Incorporations —
Granville Academy, . jofi
names of corporators, . i(ji(;
style of corporation,' . jgfi
purpose ot holding property, - ]0(>
location of academy, _ ](j(5
application of funds, . 107
treasurer to give bond, . 107
appointment of teachers, . ]07
limitation of real estate, . 107
Illinois and Wisconsin Railroad com-
pany, - - 10s
names of corporators, . ]08
style of corporation, . ]()|^
object of corporation, . 108
junction with other railroads - 108
statement of stock to be made - 108
extension to Chicago, ' . 109
limitation of stock, . 109
auttiority to borrow money, . 274
restriction to poiijls, removed, - 274
, Icarian Community, . . ]j4
names of corporators, - 114
general powers, - - 114
capital stock, - - 114
business of company, . ]]4
number and election of directors 114
commissioners to take subscrip-
tions, . . J14
power to make by-laws, - 114
City of Peru, act to incorporate, - ]]5
boundaries, .. - 115
division into wards, , 115
additions, how made, . 115
power of inhabitants as a corpo-
ration, - - 115
city council, of what to consist, 115
board of aldermen, how constitu-
<«•£'. - - - 115
qualification of aldermen, -115
term of oifice of alderman, - 116
qualifications, how determined, - 116
quorum to consist of majority, - 116
powers of council, - . n^
disqualification to hold office of
alderman, - _ ]]5
vacancies, - „ ng
journal of proceedings, - 116
oath of office, , - . hq
tie votes for aldermen, how deci-
'^ed, . - .116
meetings of council, . ne
mayor, and his term of office, - 116
qualifications of mayor, . 117
vacancy in office of mayor, how
filled, . .117
tie vote, how decided, . 117
contested elections, how deter-
mined, - . 117
time of elections, - - 117
qualification of voters, . 117
powers of city council, 117, 118, 119,
120
style tf ordinances, . J29
ordinances to be published, 120
ordinances, how proven, - 120
[ viii ]
INDEX.
PAGE.
Incorporations —
City of Peru, mayor to preside, - 120
power to estdblish lerries, - 120
special meetiiit;, tiow called, - 120
duties ot mayor, - - 121
posse comitatus, when called
out, - - - 121
mayor may require production oi
books and papers, - 121
mayor may be commissioned as
justice of the peace, - 121
exclusive jurisdiction of mayor, 121
quarantine jurisdiction, - 121
compensation of mayor, - 121
compensation, - - 121
penalty tor misconduct, - 121
private property, ulien to be ta-
ken for public use, - 122
mode of ascertaining; damages, - 122
power to levy special tax for s't
purposes, - - 122
exemption from road labor beyond
city limits, - - 122
power to assess street labor, - 123
tines and penalties, - - 123
annual statement to be published, 123
ordinances of the town of Peru
to remain in iorce, - 123
actions, bow commenced and pro-
secuted, - - 123
property of town of Peru vested
in new corporation, - 123
former acts to be held valid, - 123
publication of law, - - 123
appeals to the circuit court, - 123
mayor pro tern., how appointed, 124
former acts repealed, - 124
fees of city marshal and other of-
ficers, - - 124
subscription to Rock Island and
La Sille Railroad, authorized, 124
vote on adoption of city charter, 125
Chicago, city of, acts relative to con-
solidated boundaries, - 132
style of corporation and general
powers, - - 132
division into wards, - 133
municipal government, - 134
city officers, - - 134
time ot elections, - - 134
officers elected by the people, - 134
street commissioners, - 134
te.rm of officers, - 134, 135
each ward to elect two alder-
men, - - - 135
division of aldermen into classes, 135
failure to elect or appoint offi-
cers, - - - 135
removal from office, - 135
vacancies, how filled, - 136
qualification for office, " - 136
tie vote to be decided by lot, - 136
mode of conducting elections, - 136
qualification ol voters, - 137
voters to be exempt from arrest at
eleetioDs,
- 137
PAGE,
Incorporations —
Chicago, oaths to be taken by officers, 13?
additional oatli of mayor, - 137
duties of mayor, - - ]37
salary of mayor, - - 137
mayor to account for fees, - 138
to sign ordinances, - - 138
to possesfr veto power, - 138
vacanci' in office of mayor, how .
filled, - - 138
members of council to be five
wardens, &c., - - 138
duties of clerk, - - 138
duty of city attorney, - 138
duty of treasurer, - - 139
duty of marshal, - - lo9
duty and powers of surveyor, - 139
duty of Collectors and assessors, 139
harbor master, his duties, - 140
street commissioners, their duties, 140
constables to file bond, - HO
limitation of powers of constable, 140
power of common council to reg-
ulate duties of officers, - 140
bonds, of what officers required, 140
corporation newspaper, to be de-
signated by common council, - 141
commissions to officers, - 141
common council, how composed, 141
quorum to consist of majority, - 141
m.embers ot council restricted, - 141
meetings of council, - 1 42
powers of common council enu-
merated, 142, 143, 144, l4o, 146,
147, 148
power of taxation vested in com-
mon council, - - 148
objects of taxation enumerated, 148j
149
road labor required, - 150
local expenses, to be equalized, . 150
streets and alleys, power of coun-
cil relative to, - - 151
damages and their apsessment, - 151
assessments for public improve-
ments, - - 155
manner of assessment, 155, 156
proceedings in case of infants, - 157
collection ot taxes and assess-
ments, - - 157
proceedings in case of collectors, 157,
158,159, 160,161
fire department, powers relative
to, - - 161, 162, 163
exempSi'jn of firemen from mili-
tia and jury service, - 1<53
board of health to be appointed, - 163
duty of health officers, - 163
infected persons, not residents, to
be removed without city limits, 164
infected vessels to be removed, - 164
power of health officers, - 165
power of council to punish, -16^
duty of physicians, - 165
school fund vested in city, - 165
principal not to be impaired, - l65
INDEX.
fix]
16S
168
168
168
168
Incorporations —
Chicago, application of interest, - 165
powers of common council rela-
ative to schools, 165,166
school agent, his powers and du-
ti^-s, - - .166
loan of school fund, - 166
notes and .securities, how taken, - 166
debts to school fund to be prefer-
, _ ed, - - - 166
interest to be charged in case of
default, . . 166
interest on judgments, - 167
co-sts not chargeable to sch'l fund, 167
new security, when to be requi-
red, - . . 167
publication of statistics, - 167
school tax to constitute separate
fund, - . 167
common council to publish annu-
al staiemeiit of receipts and ex-
penditures, - . 167
vote of two-tliirds required to re-
mit fines and penalties, - 168
votes, when not to be reconsider-
ed at special meeting, - 168
cemetery lots exeuipt from execu-
tion, • - .
orUiiiances to be published,
actions, how brought,
first process to be summons,
police justices to be designated, -
execution to be immediately is-
sued for fines, - - 169
penalty for injuring public pro-
perty, - - 169
inhabitants to be competent wit-
nesses where city is a party, - 169
ordinances heretofore made to re-
main in force,
property of city vested in corpo.
ration,
ordinances to be evidence,
power of courervators of tlie
peace,
city, when not liable for jail fees, 170
powers conferred by former law
not impaired, - - 170
Astoria Seminary, act of incorporation, 171
names of corporators, - 171
style of corporation, - i7i
first meeting of corporators, - 171
location of seminary, . 17I
power to hold real estate, - 172
limitation of real estate, - 172
qnorutn of trustees, - 172
adjournments of board, - 172
power to make by-laws, - 172
power to elect officers and ap-
point teachers, ■ . 172
vacancies, how filled, - 172
treasurer and other officers to give
bond, - . 172
course of studies, - - 173
jiowers of trustees, . 173
accountability of trustees, . 173
- 169
169
170
170
PAGE.
Incorporations —
Astoria Seminary, teachers not to be
trustees, - _ 173
Warsaw and Macomb Railroad, act
of incorporation, — 173
style of Corporation, - 174
appointment of person to manage
business, - "_ 174
object of corporation, - 174
right to use road commenced by
state, _ _ 174
names of commissioners, - 174
subscription to stock, - 174
election of directors, - 175
power of direclors, _ 175
regulation of tolls, - _ 175
payment of subscriptions, - 175
penally for injuries, - 176
commencement and completion
of road, - _ 176
Ottawa Manufacturing company, - 178
names of corporator;}, - 178
style ot corporation, - 178
general powers, - -178
object of corporation, - 178
streets in Ottawa, when used, - 179
capital stock, - - 179
subscription to stock, - 179
election oi' directors, - 179
term of oLIce of directors, - 179
power of directors, _ 17;)
ritiht to u.<e real estate, - 179
damaKes,how assessed, 179, 18t
Farmers' CollegP, act to incorpora'e, 18
names of corporators, - 18
style of corporation, - 18
location of college, - 18
board of trustees, - - 18
object of corporation, - 18
corporate power*, - — 18
power of trustees, - 18
vacancy, how filled, - 182
quorum to consist of majority, - 182
application of funds, - 182
treasurer, &.C., to give bond, - 182
college to be open to nil, without
regard to religious faith, - 1S3
limitation of pro|)erty, - 183
American Bottom Drainage company, 183
names of corporators, - 183
style of corporation, - 183
general powers of corporation, - 183
objects of corporation, - 184
power to take private property, 184
damages, how ascertained, - I81
capital stock, - - 184
penalty for injury to property, - 184
power to make by-laws, '- 185
Kaskaskia River Navii;ation company, 185
names ot corporators, - 185
style of corporation, - 185
election of officers, - 185
special election, - - l85
compensation of persons compo-
sins; company, - - 18^
objects of company, - 186
[x]
INDEX.
PAGE.
PAGE.
Incorporations —
Incorporations —
Kaskaskia River Navigation company,
Embarrass Navigation company, right
work to done by contract,
186
of way granted, -
- 200
payments for work, -
187
dimensions of locks,
- 200
proceeds ot swamp lands to con-
damages, how ascertained.
- 200
stitute separate fund, —
186
water-power may be leased
or
auditor to make entry of certifi-
sold, -
- 201
cates, - -
187
regulations for passing locks.
- 202
president and secretary to take
penalty for violation of provi-
oath, - -
187
sions of act, -
- 203
penalty for forgery of certifi-
penalties, how collected.
- 203
cates, -
187
penalties lor obstructing or in^
u-
compensation of officers, -
187
ring locks, -
- 203
vacancies, how filled,
187
penalty for delaying vessels.
- 203
state not responsible for debts of
directors to render accounts,
- 204
company, - -
188
power to fix tolls, -
- 204
expenses ot suits, how paid, -
188
increase of capital stock,
- 204
improvement of Big- Muddy river,
J88
Galena Insurance company,
- 205
limitation of amount of certifi-
style of corporation.
- 205
cates, - -
188
amount of capital stock,
- 205
Central Military Tract Railroad,
19)
commissioners to receive sub-
names of corporators, -
191
scriptions,
- 205
style ot cor[)oraIion, -
191
election of directors.
- 205
olijects of corporation. -
191
general powers ot corporation
- 2(15
powers of corporation, -
192
objects of corporation,
- 206
ri^ht to borrow money, —
192
paymeiits of stock, -
- 206
Jacksonville and Carrolton Railroad,
193
manner of electing directors.
- 206
names ot corporators, -
193
pri^sident and his duties,
- 207
style of corporation, -
193
power of directors.
- 207
general powers, — —
194
stock to be personal property.
- 207
right of way, — -
194
power to purchase real estate,
- 207
capital stock,
194
limitation of real estate.
- 207
directors, ho-v chosen, -
194
deposite of capital,
- 208
power of directors, -
194
expenses, how paid.
- 208
survey authoiized, -
195
policies of insurance, how execu-
penalty for injury to property of
ted.
- 208
company, -
195
losses, how shared,
- 208
time of electing directors,
195
place of business, -
- 208
commissioners to open books, -
195
mutual insurance, -
- 208
by-laws and rates of tolls, -
196
construction of act,
-208
achtitional stock allowed, -
196
limitation of charter.
- 209
Viicancies of officers, how filled,
196
power of liquidation after expira-
damages, how ascertained, -
197
tion of charter, -
- 209
power to cross higliways and wa-
commencement of operations.
- 209
ter courses, - -
197
insurance on lives, -
- 209
increase of capital stock, -
]y7
Paris Male and Female Seminary,
- 211
payment of slock, -
197
names of corporators.
- 211
width of road, -
198
style of corporation,
- 211
power to substitute plank road, -
198
objects of corporation,
- 211
power to borrow money, -
198
general powers, -
- 211
Embarrass Navigation company, -
198
powers of trustees,
- 211
names of corporators, -
198
patronage, under what to be,
- 212
style of corporation, -
198
visitors to be appointed,
- 212
general powers, - -
1;^8
vacancies, how filled,
- 212
first meeting of directors, —
199
treasurer to give bond,
- 212
subscription of stock, -
199
application of funds.
- 212
election of directors, -
199
Chicago City Hydraulic company.
- 213
vacancies, how filled, -
199
board of commissioners.
- 213
majority to form quorum, —
199
style of corporation,
- 213
directors to make by-laws, &c.,
199
general powers, -
- 213
certificates ot stock, -
199
term of commissioners,
- 213
assignees of stock liable for am'ts
election of commissioners.
- 213
due, - -
199
vacancies, how filled,
- 213
suits to be brought in certain ca-
power to borrow money.
- 214
ses, - -
200
power to issue bonds.
- 214
officers to be coropeteut witnesses,
200
employment of engineers, &.c.,
- 214
INDEX.
[ xi]
216
216
216
216
216
217
218
218
- 218
- 21)
- 219
- 219
- 21:)
- 219
PAGE.
Incorporations —
Chicago Ci'y Hydraulic company,
purchase of lots, - - 214
constructions of reservoirs, &c., - 214
assessment of water rentSj - 214
collection of rents, - - 21.5
proceedings in case of non-pay-
ment, - - 2l5
assessment for use of public hy-
drant,
construction of hydrants,
record of proceeding-,
commissioneis to make reports, -
surplus receipts, how applied,
special reports and special tax, -
commtssionei s to give bond, - 217
power to purchase rights and pro-
perty of Chicago Hydraulic
company, - - 217
light of repeal reserved, - 218
materials, &c., exempt from exe-
cution,
commi-sionerg not to be interested
in contracts,
commissioners, when to be re-
moved,
location of hydraulic work?,
report to commm council,
rii'ht of way grantf'd,
damages, how determined,
payment of damages,
penalty for injury of work or pro-
perty, - . 219
contracts to be in writing, - 220
Cairo Dock Company, - - 221
name of corporators, - 221
style of corporation, - 221
general powers, - - 221
limitation ol real estate, - 221
capital stock, - - 222
government vested in directors, - 222
officers of company, - 222
secretary to be sworn and give
bond, - - 222
power of directors, - - 222
penalty for injuring property of
company, - - 223
time of holding annual meetings, 223
right of repeal reserved, - 223
Union Insurance company of Illinois, 223
location of company at Winches-
ter, - - -223
style of corporation, - 223
duration of charier, - 224
powers of corporation, -221
Ci^pitai stock, - - 224
stck to be assignable, - 224
character of insurances to be
made, - - 2. '4
policies, how executed, - 225
restrictions, - - 225
trade in merchandise prohibited, 225
right to hold real estate, - 225
limitation of real estate, - 225
commissioners to receive sub-
scriptions, - - 225
Incorporations —
Union Insurance company of Illinois,
vacancies, how fillfd, - 225
nine directors to be chosen, - 226
elections of directors, -226
manner of election, -226
vacancy in board of directors,
how till d, - - 22''.
officers of corjioration, - 227
compensation and qualification of
officers, - - 227
quorum, of what to consist, - 227
limitation of power of general
assembly, - - 227
dividends, in what manner to be
made, - - 227
construe! ion of charter, - 228
commencement of operations, - 228
banking powprs denied, - 228
liability for losses, - - 228
Fayette Seminary, act *o incorporate, 2-'
names of orporatois, -2,5
style of corporation, - '-35
general powers, - - 235
objects, - . - 235
power of trustees, - - 235
vacancies, how filled, - 2 5
number of trustees, - -^36
erection of buiklinK?, - ^36
officers of board of trustees, - 23H
de()artments of seminary, - 236
peculiar religious faith not requir-
ed for admission, - - 2*^6
property, how to be applied, - 23G
common school department, - 236
responsibility of trustees, - 23!i
library granted to corporation, - 237
power to create stocks, - 237
limitation of real estate, - 237
Grayville, town ol, incorporated, - 237
style of corporation, - 237
boundaries, - - 237
election of trustees, - 237
quilification of trustees, - 238
qualification of voters, - 238
right to hold propertj^, - 238
powers oftiustees, - 238
power to levy tax, - 238,239
punishment fur violation of or-
dinances, - - 240
redemption of lots sold for taxes, 240
special tax lor improving side
walks, - - 240
ordinances to be published, - 240
fees of justices and constables, 241
vote for or against charter, - 241
Chester Branch Railro id, - 243
names of corporators, - 243
style of corporation, - 243
objects of corporation, - 243
Galena Forum, act to incorporate, - 245
names of corporators, - 24^
style of coriioration, - 245
capital stock, - - 245
subscriptions to stock, -245
objects of corporation, - 245
[ xii ]
INDEX.
PAGE.
Incorporations —
Galena Forum, officers of corpora-
tion, - - 245
power to make hy-laws, -216
restrictions, - - 24')
stock to be transferable, - 24ij
directors to fix rent of public
room, - - 246
construction of charter, - 246
Illinois Liberal {n?titute, - 246
names of coiporators, - 246
style of corporation, - 246
general powers, — - 246
objects of corporation, — 247
location of institution, - 247
trustees of institution, - 247
power to acquire property, - 2 l7
application of property, - 247
power to receive subscriptions, — 247
orgaoization of board of trustees, 247
book*, papers, &,c., to be delivered
to trustees, - - 248
officer-! of corporation, - 248
treasurer to give bond, — 248
duty of treasurer, - 248
duty of secretary, — 249
annual meetings of stockholders, 249
election of trustees, — 2:9
application of funds, - 249
' lands and biiiidings to be exempt
from taxes, - - 249
collection of subscriptions, - 249
Union Bridge Company, - 250
style of corpor.ition, - 252
general powers of corporation, - :.'52
authority to build bridge, - 250
commencement and completion, 250
toll-gate and tolls, - 251
arrana,eineiit wiih Ottawa Bridge
company, — - 251
iei)airs to be made, - - 252
right to reduce tolls, -252
bridge to be deemed public high-
way, - - 252
penalty for injuries, &c., - 252
authority of president and direc-
tors, - - 253
power to make bylaws, - 253
individual liiiiulity, - 2.i3
navigation not to be obstructed, - /53
revival of former act, — 253
restrictions as to real estate, - 254
Missls-ippi and Rock River Junction
Railroad, - - 254
names of corporators, - 254
style of corporation, - 254
duration of corporation, - 254
general powers, - - 254
objects, - - 254
capital stock, - - 255
commissioners to receive sub-
scriptions, - - 255
board of directors, - 255
election of directors, — 256
payment ot subscriptions, - 256
power to acquire real estate, - 256
PAGE.
Incorporations —
Mississippi and Rock River Junction
Railroad, right of way, - 256
damages, how ascertained, 256, 257,
258
intersections with roads, streams,
&c., - - - 258
penalty for injuries, &c., - 25S
power to borrow money, — 258
duty of making repairs, - 258
Chicago and Milwaukee Railroad, - 266
style of Cf rporation, - 266
general powers, - - 266
objects, - - 266
capital stock, - - 267
commissioners to receive Bub-
sciiptions, - - 267
directors and their election, -21)7
payment of stock, - 268
power to acquire real estate, — 268
right ol way and damages, - 268
legal proceedings to settle dama-
ges, - * - 268, 269
damages to estates of married wo-
men, infants, &c., - 260
intersections with roads, streams,
&c., - - 270
penalty for injuries, - 210
auihority to borrow money, — 270
obligation to make repairs, - 270
construction of charter, - 271
completion of road, - -^ll
Frederick Ferry, Dyke and Plank
Road company, - - 271
names of corporators, - 271
style of corporation, - 271
powers, - — 271
capital stock, - - 271
increase of stock, - - 271
tolls authorized, - 271,272
use of state road granted, - 272
forfeiture of charter, - 272
penalty for injuries, - 272
Cook County Marine Dry Dock com-
pany, - - 274
names of corporators, - 274
style of corporation, - 275
objects of corporation, - 275
capacity of dock, - - 275
location of dock, - - 275
capital stork, - - 275
power to hold property, - 275
directors and their election, - 275
commencemeiit of dock, — 275
Wesleyan S=-minary of Peoria, - 277
names of corporators, - 277
style of corporation, — 277
powers, — - 277
powers of trustees, - 278
official term of trustees, - 278
qualification of president, - 27R
restriction as to ()roperty, - 278
quorum ot trustees, - 278
location of seminary, - 278
exemption from taxation, - 278
INDEX.
[ xiii ]
PAGE
Incorporations —
Whitehall Male and Female Academy
and Orphan Institute,
power to hold and convey real es-
tate, -
names of trustees, -
trustees to take oath of office,
ofiicers,
vacancies, how filled,
power to borrow money,
property to be exempt from taxes, 280
Franklin Marine and Fire Insurance
company,
names oi corporators,
style of corporation,
duration,
powers,
limitation of real estate,
capital stock,
increase of stock,
stock to be deemed personal pro-
perty, - - 282
subscriptions to stock, - 282
directors and tl)eir qualifications, 282
time of elections for directors, - 283
orticers, - - 283
quorum of directors, - 283
payment of subscriptions,
authority to insure, -
restrictions,
dividends.
279
279
- 280
- 2S0
- 2.^0
- 280
- 280
281
- 281
- ^.•■81
- 281
- 281
- 281
- 282
- 282
- 284
- 284
284, 285
- 284
PAGE.
Incorporation? —
Okaw Bottom Plank Road company, 293
names of corporators, - 293
style and powers of corporation, 293
capital stock, - " *-'^
rifjht of way over National road, ^93
Southern Illinois Railroad, - 294
i names of corporators, -294
1 style of corporation, - 294
objects, - " 294
' Shawneetown and Equality Plank
1 Road, - - 294
I duration of corporation, - 294
style of corporation, - 294
powers, - ■ 294
objects, - " -95
capital stock, - - 295
commissioners, - -295
directors, theirelectionandduties, 295
toll-gates and tolls, - - 295
power to make loans, - -95
regulation of tolls, - 296
commencement and completion of
work, - - 296
right of way, - - 296
embankments, bridges &c., - 296
extension of road to Marion, - 296
Myron Lodge, No. 1, of the Old Free
annual statements to be publish-
ed, - - 285
reports to legislature, - 285
consti uction of chaiter, - 285
Wood River Coal Mining company, - "286
nanies of corporators, - 286
style of corpoiation,
object-,
powers,
capital stock,
commissioners to receive sub-
scriptions,
election of ilirectnrs,
power of directors, -
re-triction,
German General Beneficial Association
of Qiiiiicy,
names of corporators,
style of corporation,
geneial powers,
power to hold property,
contracts, how made,
appro|iria'ion of personal proper-
ty, liovv to bi> made,
Clarion Cemetary Association,
names of corporators,
style of corporation,
powers,
objects,
application of funds,
officers of association,
election of officers,
meetings of directors,
by-laws,
personal liability,
286
286
286
28 1>
- 286
- 287
- 287
- 287
288
- '288
•• 288
- 288
- 288
- 288
288
- 291
- 291
- 291
- 291
- 291
- 291
- 291
- 291
- 291
- 291
- 291
Onler of Chaldea,
names of corporators,
style of corporation,
powers,
limitation of property,
trustees and their power,
capital stock,
Judson Collesre,
namts of cor-porators,
style of corporation,
location,
number of trustees, -
election of trustees,
vacancies, how filled,
corporate powers, -
course of s;u<lies,
limitation of real estate,
quorum of trustees,
common school department,
298
- 298
- 298
- 298
- 298
- 298
- 298
- 299
- 299
- 299
- 300
- 300
- 300
- 300
- 300
- 300
- 300
- 300
- 301
to be open to all religious denom-
inations,
control,
ritiht to repeal,
Oswego and Aurora Railroad,
names ot corporators,
style of corporation,
general powers, -
301
- 301
- -01
- 302
- 302
- 302
- 302
provisions of general law appli-
cable,
object of corporation,
amount of shares, -
stock to be personal property,
Moline Cemetery Association,
names of corporators,
style of corporation,
power to hold real estate,
general powers, -
object of association,
- 302
- 302
- 302
- 302
- 304
- 304
- 304
- 30-,
- 304
- 304
[ xiv ]
INDEX.
, PAGE.
Incorporations —
Moline Cemetery A^ssociation, power
to lay out and sell lots, - 304
proceeds of sale of lota, - 3U4
election of trustees, - 304
qualification of voters, - 304
power to make by-laws, - 304
certiticates of stock, - 304
Griggsville and Illinois River Plank
Road, _ _ 306
names of corporators, - 306
duration of corporation, - 307
general powers, - _ 307
capital stock, - _ 307
officers, _ _ 307
subscriptions, - _ 307
payment of subscriptions, - 307
survey and location of road, - 308
election of directors and their
number, - _ .PQg
vacancies, how filled, - 308
executive officers, - _ 308
quorum, of how many to consist, 308
right of way, - _ 309
damages, how ascertained,, - 309
toll-gates and tolls, - 310
penalties for injuries, - 310
Hennepin Union Seminary, - 312
names of corporators, -312
style of corporation, - 312
location, - _ 312
number of trustees, - 3i2
general powers, - _ 3)2
authority of trustees, -313
vacancies, how filled, -313
treasurer to give bond, - 313
students not to be excluded, &c., 313
limitation of real estate, - 3i3
capital stock, - _ 313
execution of deeds, &c., - 314
time of elections, - - 314
exemption from taxes, - 314
Metropolis City, Vienna and Marion
Plank Road, - _ 3i7
names of corporators, - 317
style of corporation, - 317
general powers, - - 317
objects, _ _ 317
capital stocky - - 318
election of directors, - 318
power to make by-laws, - 3i8
subscription to stock, - 318
tolls and toll-gates, - 319
rates of toll, _ _ 319
damages, how ascertained, - 319
Naperville Academy, _ 320
names of corporators, - 320
style of corporation, _ 320
location, _ _ 320
general powers, - _ 320
capital stock, - _ 320
election of trustees, - 320
powers of trustees, ~ 321
ofiicers, - _ 321
religious faith not to be excluded, 321
primary department, - 321
, . PAGE.
Incorporations —
Naperville Academy, question of tax
to be submitted, _ 321
part of school law refunded, - 322
light to repeal reserved, - 322
J.
Jacksonville, president and trustees of,
authorized to create subordinate'
officers, _ _ J12
limits of, extended, - 111
extension of streets and alleys, - 111
Jacksonville and Carrollton Railroad.
See Incorporations, _ 193
Johnson, Adam. See Illinois and Mi-
chigan Canal, - _ 276
Joliet, certain streets in, changed, _ 31
tax, for building side walks, au-
thorized, - _ og3
vote of citizens to be taken, -263
amount of tax, how to be defer-
inined, _ 263, 261
committee to construct walks, - 264
record of proceedings to be kept, 264
tax authorized, in addition to, - 264
property of delinquents tobesold, 265
parts ot certain streets in the town
of, vacated, - _ 074
part of Michigan street in, vaca- ~
ted, _ _ 277
Jonesboro Plank Road company. See
Plank Roads, - - 112
Jonesboro Methodist Episcopal Church,
election of trustees of, legal-
ized, _ _ 209
Judson College. See Incorporation?, - 299
K.
Kankakee and Iroquois Navigation and
Mai\ufacturing company, ex-
tension of titnu to, -212
Kankakee river, towns of Wilmington
and Reed, in Will county, au-
thorized to raise tax for im-
provement of, - _ 232
vote to be^taken in said towns, - 232
rate of tax' authorized, _ 232
mode of collection, -232
how paid over, — _ 232
application of proceeds of tax, -233
construction of bridge at Wil-
mington, authorized, _ 233
Kaskaskia, authority to lease commons
of. See Incorporations, _ 5
Kaskaskia River, Navigation company.
See Incorporations, _ 185
ferry across, declared regularly
established, - _ 231
Kendall, William R. See Ferry, - 2J9
Kinney, William C, certain land of, re-
leased from lien of judgment, 75
Knox County Manual Labor College,
charter of, amended, - 3^
INDEX.
[ XV ]
- 85
- 79
PAGE.
Knox County Manual Labor College,
time of hi)l(lin«; lands, extended, 38
title to real estate, not to be im-
paiied, — — oy
contracts to be deemed valid, - 39
L.
Lake and McHenry Plank Road compa-
ny, authorized to extend road, 241
authority to increase capital stock, 241
La Salle, alley'in town of, vacated, - 32
ferry opposite to, authorized, - 32
Liberty, town plat of, vacated, - 28
Liberal Institute. See Illinois Liberal
Institute, - - 246
License to peddle, granted to certain per-
sons, — "
Licder, Usher F., release of, from recog-
nizance as surety of Andrew
M;igee,
Little Fort, boundaries of the town of,
chaniieii, - ~ "10
compensation of assessor and col-
lector of, - -210
proceediniis of trustees of, legal-
^ ized, - - 210
M.
Mayor's Court. See Quincy,
Manufacturing. See Saline Coal and
Manufacturing company,
See Mount Carroll Mutual Manu-
facturing and Hydraulic com
pany.
See Ottawa Manufacturing com
pany, -
McGirr, William. See Illinois and Mi-
chigan Canal, - -
McCoy, Joseph. See License,
McDonough College, charter of, amend-
ed,
number of corporators fixed,
vacancies to be filled, 11
power of corporation, -
Menard, justices of, authorized to try
offences against ordinances ot
Petersburg, -
Methodist Episcopal Church, election of
trustees of Jonesboro society
of, legalized, - -
conveyances to be held valid.
Metropolis City, tax to grade and pave
side walks, authorized,
delinquent lots subject to sale, -
president to have jurisdiction of
justices of the peace, *-
Metropolis City, Vienna and Marion
Plank Road. See Incorpora-
tions, - —
Miller, Owen, jr., discharged "from re-
cognizance, - -
Miller, Andrew, provision for payment
of,
19
23
- 76
1-
- 178
•276
85
11
11
,12
12
- 261
200
209
242
242
242
317
303
292
PAGE.
Mill-dam, Thos. D. Davis and John M.
Barwiclv authorized to con-
struct across Bin: Saline creek, 244
Mississippi and Rock River Junction
Railroad. See Incorporations, 2o4
Mining. See Wood River Coal Mining
company, - -""
Moline Cemetery Association. See In-
corporations, - ■ 7 l,a
Moline, ferry at the town of, authorized, Jlo
Mount Carroll, town plat of, vacated, - 5b
Mount Carroll Mutual Manufacturing
and Hydraulic company. See
Incorporations, — - 76
Mount Carmel, charter of the town of,
amended, - - ^-3
powers of trustees, - - f~^
annual tax, - ~ "^^o
power of trustees relative to pub-
*^ I 1 - 3''3
lie order, - ^-"j
duty of justices of the peace, - 324
redemption of property sold for
taxes, - - ^^^
special tax, for street purposes, 324
ordinances to be published, - 3-5
fees of justices and constables, - 3'_5
meetings of trustees, ~ ''",
special elections, - - •^-o
subscriptions to certain railroads, :325
vote of people, as to subscriptions, 325
this act to be submitted to the de-
cision of legal voters of Mt
Carmel, - " ^26
Mount Palatine Academy. See Judson
College, - - 299
Mt. Carbon Coal company, act of incor-
poration continued in force, -
railroad to be commenced within
one year,
place of meetings, - -
continuation of railroad,
restrictions in construction ot
of road, - c "
Myron Lodge, No. 1, of Chaldea. See
Incorporations, - - ■'^^
N.
Names changed, - 19>^) 242,
Naperville Academy. See Incorpora-
tions,' - —
Navigation. See Kaskaskia River Navi-
gatiim company, - "
See Embarrass River i\avigation
company, - ~
See Kankakee and Imquois Navi-
gation and Mpnufacturing com-
pany,
New Massillon. Sen Webb, -
Nilson, John, authorized to settle claim,
North-western University, act to mcor-
porate. See Incorporations, -
Northern Cross Railroad, charter of,
amended, - "
branch authorized,
45
46
46
46
292
320
185
198
212
290
301
20
42
42r
[ xvi ]
INDEX.
PAGE.
Northern Cross Railroad, capital stock
increased, - - 42
provisions of oM charter applica-
ble to branch road, — 42
forfeiture released, - 243
change of eastern termination au-
thorized, - - 243
0.
Ohio and Mississippi Railroad. See In-
corporations, - - 89
Okaw Bottom Plank Road. See Incor-
porations, - - 293
Oregon, James H. Hanchete authorized
to build a bridge across Rock
River, at the town of, - 311
location of bridge, - - 311
tolls and toll-gates, - 311
repairs, - - 311
penalty for injuries, - 311
individual liability, -311
restrictions, - - 311
Oregon, parts of streets in, vacated, - 113
Oswego and Aurora Railroad. See In-
corporations, - - 302
Ottawa Manufacturing company. See
Incorporations, - - 178
Ottawa, Henry Green authorized to build
a bridge at the town of, above
the mouth of Fox river. See
Incorporations, - - 250
P.
Paris Male and Female Seminary. See
Incorporations, - - 211
Pedlers, certain persons to be licensed, 85
Pekiij, acts of corporation legalized and
confirmed, - — 12
authority to widen and extend
streets, - - 13
Peoria and Oquawka Railroad, charter
of, amended, - — 60
requirement to construct road
through certain towns, - 60
right of way, - - 60
organization of company, — 60
branch road, - - 60
number of commissioners increas-
ed, _ -60
completion of road, - 60
Peoria county. See Compher, WiHiam, 131
Peru, city of, incorporated. See Incor-
porations, - - 115
Petersburg, offences against ordinances
of, how to be tried, - 261
authority to pass ordinances, - 262
Pike county, certain ferries in, author-
ized tn pay license by work on
roads, - _ 104
Pittsfield, parts of streets in, vacated, - 105
Pier, at Coluuibiana, authorized, - 131
PAGE.
Plank Roads —
Georgetown and Perryville company,
authorized to ctiarge tolls, ~ 4
Elgin and Genoa Plank road company,
released from construction of
part of road, - - 105
to have right of using state and
county roads, - _ 105
privilege to macadamize part of
road, - - 105
Jonesboro Plank Road company, - 112
inspection of, when to be made, 112
toll-gates and rates of toll, - 112
Salisbury Plank Road, charter of,
amended, - - 129
Lake and McHenry Plank Road, au-
thorized to extend road, - 241
authority to increa,-e stock, - 241
Frederick Ferry, Dyke and Plank
Road company. See Incorpo-
rations, - - 271
American Bottom Plank Road compa-
ny, act for relief of. See Amer-
ican Bottom Plank Road, - 273
Okaw Bottom Plank Road company.
bee Incorporations, - 293
Shawneetown and Equality Plank
Road. See Incorporations, - 295
Griggsville and Illinois River Plank
Road. See Incorporations, - 306
Metropolis City, Vienna and Marion
Plank Road. See Incorpora-
tions, - - 317
Port Byion, A. J. Brown authorized to
establish a ferry across the Mis-
sissippi, at the town of, - 303
Prairie Du Rocher, commons of. Sfe
Incorporations, - 51
Princeton, certain lots in the town of,
vacated, - - 287
Quincy, mayor's court in, authorized, - 19
powers of mayor's court, - 19
German General Beneficial Asso-
ciation of. See Incorporations, 28S
E.
Railroads—
Sangamon and Morgan Railroad com-
pany, released from forfeitures, 10
Terre Haute and Alton Railroad com-
pany, act to incorporate, - 29
act supplemental to, - 113
Alton and Sangamon Railroad compa-
* ny, autfiorized to change route
of road, - - 35
extension of road to Bloomington,
authorized. - - 75
increase- of stock, - - 75
commencement of extension, - 76
branch to Peoria, through Pekin,
authorized, - - 2~9
INDEX.
[ xvii J
42
47
60
- 61
89
95
[PAGE.
Railroads —
Alton and SaDgamon Railroad compa-
ny, increase ol stock, — 279
additional directors, - 279
commencement and completion, 279
Northern Cross Railroad, act of incor-
poraiioh, amended, -
Rock Island and La Salle Railroad, act
of incorporation, amended, -
Peoria and Oqiiawka Railroad, charter
of, amended, - —
Illinois Central Railroad company, act
to incorporate. See incorpo-
rations, -
act supplemental to, - 276
Ohio and Misaissippi Railroad compa-
ny, to incorj)orate. See Incor-
porations, — —
Rockford and Rock Island Railroad
company. See Incorporations,
St. Charles and Mississippi Railroad, 101
taking of private property lor,
autlionzed, - - 101
Savanna Branch Railroad, authority
to construct, - - 103
Illinois and Wisconsin Railroad com-
pany. See Incorporations, - 108
amendatory act, - - 274
Warsaw and Macomb Railroad com-
pany. See Incorporations, - 173
Central Military Tract Railroad. See
Incorporations, — — 191
Jacksonville and Carrollton Railroad.
See Incorporations, — 193
Chester Branch lliiiiroad. See Incor-
porations, - — 243
Northern Cross Railroad, forfeiture
released, - - 243
authority to change direction, - 244
Mississippi and Rock River Junction
Railroad. See Incorporations, 254
Alton, Mt. Carmel and New Albany
Railroad, charter of, continued, 259
Chicago and Milwaukee Railioad.
See Incorporations, - 266
Southern Illinois Railroad. See In-
corpnraiions, - - 294
Oswego and Aurora Railroad compa-
ny. See Incorporations, — .'^02
Randolph. See Gforgetovrn, - 265
Reed, town of. See Kankakee river, - 232
Kalief, to Henry H. Snow,
to the collector of Gallatin, -
to William C. Kinney, -
to Thomas Corr, - -
to U. F. Linder, surety of Andrew
Magce, -
to Archibald Q. Brewn,
to Benjamin M. Prentice,
to Stephen Banning,
to Robert Todd, -
to Chauncy Robinson,
to John E. Johnston,
to P. M. Lockwood,
to E. A. Bedell, -
to Jonathan Clark,
18
18
75
79
79
- 101
- 101
- 101
- 101
- 101
- 101
- 102
- 102
- 102
- 290
Relief, to Michael Rickard, - 104
to Henry W. Dorsett and his
sureties, - - 126
to the securities of Tiiomas M.
While, - - 129
to the securities of William Com-
pher, - - 131
to the securities of David W.
Hopkins, - - 132
to William J. Stephenson, - 176
to Hemy Crider and Jame Oliver, 228
to Thomas S. Brockman, - 229
to sureties of Mereditii J. Block-
be rger, - - 234
to Green Massey, - - 234
to Sirolher B. Walker, - 261
to Adam Joimsoii and William
McGirr, - - 276
to E. B. Rose and others, - 290
to Andrew Miller, - 292
to Owen Miller, jr., - 303
to securities of John R. Smoot, 305
River Board. See Incorporations, - 80
Rickard, Michael. See Relief, - 104
Rienzi, town plat ol, vacated, - 279
Rockford and Rock Island Railroad
company, act to incorporate.
See Incorporations, — 95
Rockton, alley in ihe town of, establish-
ed, - - 265
Rose, E. B., and others, released from
bond, - -
Rock Island and La Salle Railroad com-
pany, - - 47
rouie of, extended to Chicago, - 47
name changed, - - 47
directors desif;nate<i, — 47
commencement of work, - 47
conditions connected with canal, 4S
cessation of tolls to canal, - 48
right of way on canal lands, - 48
effect of refusal of canal trustees
to grant right of way. - 49
company to keep freight books, - 49
payment of tolls to canal board, 49
examination of accounts, - 49
tolls subject to deduction, - 49
location of track in Chicago, re-
stricted, - - 49
storage and commission business,
prohibited, - - 50
state tax on road to be paid to ca-
nal fund, - - 50
branch, connecting with Indiana
roads, prohibited, - 50
Rushville, alley in the town of, vacated, 25Q
S.
Saline Coal and Manufacturing com-
pany, act to incorporate. See
incorporations, - - 23
Salisbury Plank Koad, charter of, amen-
'ded, - - - 129
[ xviii ]
INDEX.
Sangamon and Morgan Railroad compa-
ny, charter of, amended, - JO
release of forfeiture, - 10
comlitions of release, 10,11
Savanna Branch Railroad, authority to
construct, . - 10;^
authority to acquire right of way, 104
School Trustees of T. 13 N., R. 10 E.,
of the 4th principal meridian,
\ allowed additional time to es-
tablish ferry, - - 297
Securities, of Win. Armstrong, relieved, 5
of James Haniiins, relieved, - 228
of Mendeth J. Blockberger, re-
lieved, - - 234
Seminary. See Astoria Seminary, - 171
see Paris Male and Female Semi-
nary, - - 211
see Fayette County Seminary, - 235
see VVesleyan Seminary of Peo-
ria, - - 277
see Hennepin Union Seminary, - 312
Shawneetown and Equality Plank Road.
bee lucorporations, - 294
Sliavvnee Coal company, - 102
Shelbyville, constituted an election dis-
trict, - - 305
election of justice of the peace
- auttiorized, - - 305
qualification of voters, - 305
election, how conducted, -305
jurisdiction of justice, - 305
justice to be commissioned, - 305
Sherman, Henry, name changed to Hen-
ry Schwaka, - - 193
Shurtleff UoUege, number of trustees of,
increased, - - 127
Smoot, John R., securities of, released, 305
conditions of release, - 30b
execution to be stayed, - 306
Snow, Henry H., relief to, - 18
Southern Illinois Railroad. See Incor-
porations, - - 294
Spoon River Navigation company, act
relative to, - - 177
part of former act repealed, - 177
point of commencing work to be
fixed by company, . 177
right of way granted, - 177
power to mulie canal, - 177
penalty lor injuring property, &c., 177
Springneld Marine and Fire Insurance
company. See Incorporations, 13
St. Charles and Mississippi Railroad, act
fixing points ot terminus, - 101
St. Clair county, released from payment
of profits of (erry to the state, 130
sheriff of, authorized to collect
taxes of 1848 and 1849, - 132
St. Clair Turnpike company, authorized
to acquire and sell land, - 192
former survey legalized, - 192
toll-gate authorized, - 192
part of former act repealed, - 192
Stark county. See Toulon, - 18
Starr, David B. See Buzan, - 41
Stephenson, Wm. J., relief to, - 176
Steeleville. See Georgetown, - 265
Strother B, Walker, discharged from
liability, - . 261
Sureties, of Thomas M. White, time for
payment of judgment extended
to, - - - 129
of David W. Hopkins, allowed
time to pay judgment, - 132
T.
Terre Haute and Alton Railroad, act to
incorporate. See Incorpora-
tions, - - 29
acts supplemental to, - 113
Tolls, rates of authorized to be charged
by the Georgetown and Per-
ryville Plank Road company, 4
Toll-bridge. See Dickson, William, - 189
see Dixon, town of, - 230
Toulon, part of street in, vacated, - 18
alleys in, increased in width, - 18
public square in, to be surveyed, 19
Turnpike company. See St. Clair Coun-
ty Turnpike company, - 192
u.
Union Insurance company. See Incor-
rations, - - 223
Union Bridge company. See Incorpo-
rations, - - 250
V.
Vermilion. See Big Vermilion, - 4
w.
Walnut Hill Cemetery, exempted from
taxation, ' - - 289
Warsaw and Macomb Railroad. See
Incorporations, - - 173
Waukegan. See Little Fort, -210
Webb, Wiley, authorized to establish a
toll-bridge across the Little
Wabash river, at New Massil-
lon, - - 290
Wesleyan Seminary of Peoria, See In-
corporations, - - 277
Wharf on the Illinois river, at Columbi-
ana, authorized, - - 131
Whitehall Male and Female Academy
and Orphan Institute. See In-
corporations, - - 279
White, Thomas M., time extended to se-
curities of, to pay judgment, - 129
Wilmington. See Kankakee river, - 232
Winnebago. See Rockton, - 265
Woodstock, part of plat of, vacated, - 109
Wood River Coal Mining company. See
Incorporations, - - 286
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